acris Pasture in M. Et nisi c. which done ingross it fairly in Parchment with the Concord according to the Instructions and Presidents in this Treatise And then go with the Cognizor or Cognizors to the Lord Chief Iustice of the Common Pleas at his Chamber and deliver your Parchment if it requires hast to the Clerk of the Fines who will cause the Caption to be writ underneath the Concord on the left hand if it be not done before you come thither thus Capt. cognit primo die Maii Anno regni domini nosâ—ti Caroli secundi nunc Regis Anglie c. vicesimo coram me and also see that the Cognizors subscribe their names to the Concord on the right hand and inquire of him that comes with the parties to the acknowledgment of the Fine if he knows them and see that he subscribes the Fine accordingly at the bottom thus A B. cogn paries which done he will get the Lord Chief Iustice his hand to the Caption of the Concord ingrossed in Parchment And also to a Coppy thereof fairly written in paper which is to remain with the Cleck of the Fines But the Concord in Parchment you are to carry to the Cursitor of the County where the lands lye and there get your writ of Covenant made which you are to carry before it be Sealed to the Alienation Office in the Temple and there compound it and get it entred and indorsed which done you are to carry it back to the Cursitor who will get it Sealed and that being done you are to make your Warant of Attorney for the Fine in this manner Bed ss R. S. Armiger Po. lo. sâ—o W. B. Attorn suum ad prosequend breve de Con. versus T. S. A. uxorem ejus de Maneriis terris tenementis in M. c. When you have made this Warrant of Attorny you are to file it with the Clerk of the Warrants who will sign the Writ of Covenant with a Stamp for that purpose Then file the writ of Covenant and the Precipe and Concord together and carry them to Mr. Jones his Office in the Middle-Temple who returns the Writ of Covenant and Signs the same with his Stamp After this the Custos Brevium is to have it to make his entry thereof upon the Roll and indorse upon the Writ when the Proclamations are to be made from whom you must carry it to the Clerk of the Kings Silver who will perform what belongs unto it there And being once dispatched that Office it is then a Fine in force of Law Afterwards carry it to the Chirographer whose Office is in the Middle-Temple and there the Clerk that deals for that County where the lands in your Fine do lye will make the Indentures of the Fine and then it is finished A Fine is acknowledged at the Bar after this manner First an Attorney must deliver the Writ of Covenant Sealed with the Precipe and Concord ingrossed in Parchment as above to one of the Serjeants at Bar where the Cognizors are to be presâ—nt Then the Serjeant must desire the Chief Iustice to record the appearance of the Cognizors which being granted by him The Serjeant saith denâ—ers le Roy. Then answereth the second Prothonotary or his Clerk que donera Then the Sergeant shall answer thus Cestuy que avera Then the second Prothonotary or his Clerk shall answer again thus trahes la paix Then the Sergeant must say Ove vostre conge la paix est tiâ—l scilicet c. reciting in French the Concord so delivered unto him as aforesaid by the Attorney with relation to the particulars of the lands contained in the Precipe And that being done the Sergeant must if any one of the Cognizors be a Feme-covert tell her that she must go up to the Puisne Iudge to the Bench to be examined of her consent which Iudge taketh the Concord so written in Parchment as aforesaid and examineth her apart privately and then delivereth it to the Prothonotary to be recorded Then take the Precipe and Concord when the Court hath recorded it and file it to the writ of Covenant and paying the Fees of Court pass it through the several Offices as you are before directed in the acknowledgment before the Lord Chief Iustice The manner of acknowledging and levying a Fine before Commissioners Any Iudge of the Common Pleas Kings Bench or Baron of the Exchequer as is before declared may take the Caption of a Fine before the Dedimus potestatem be sued out which you may sue out afterwards and carry it under Seal to him that took the Cognizance of the Fine and he will return the same A Fine may also be taken by special Commission in the Country to do which you must deliver to the Cursitor the Commissioners names one whereof must be a Knight by which with the Concord the Cursitor will make the Dedimus potestatem and get it sealed for you Then deliver the Dedimus potestatem to the Commissioners with the Precipe and Concord ingrossed in Parchment with wax and seals unto it and when the Cognizance is taken by them they must return the Dedimus potestatem in this manner Executio istius Commissionis patet in quadam Schedula huic Commissioni annex And then file the Concord to the back of the Dedimus potestatem and let the Commissioners set their seals to the Concord and their hands to the return of the Dedimus The Caption of the Concord must be thus Capt. cognit apud Villam B. in Com. B. decimo octavo die Augusti Anno Regni Domini nostri Caroli Secundi nunc Regis Anglie c. vicesimo secundo coram nobis A. B. C. D. E. F. Then when you have returned up your Dedimus potestatem carry it to the Cursitor who will make you the writ of Covenant And then pass the Fine as before is directed onely in this case if one of the Commissioners that takes the Caption be not a Knight you must draw up a Certificate upon the back of the Concord and carry it to a Iudge of the Common Pleas for his Allocatur The form of the Certificate is thus A B. gent. one of the Commissioners in the Writ of Dedimus named maketh Oath that this Fine was duly executed the Cognizees of full Age and the Feme Covert being secretly and apart examined willingly consented A. B. CAP. VIII Of Fines sur Cognizance de droit come ceo que il ad de son done their Forms c. Sect. I. A Fine levyed by One to Two Joynt Purchasors Midd. ss PRecipe A. B. quod juste c. teneant C. D. E. F. Conventionem c. de uno Mesuagio uno Cottagio decem acris Pasture cum pertinentiis in B. Et nisi c. ET est Concordia talis scilicet quod predictus A. recogn predicta tenementa cum pertinentiis esse jus ipsorum C. E. ut illa que iidem C. E. habent de
Messuage Lands and Premises to pay and satisfie the debts owing by the said A. B. rateably to his Creditors according to their several debts as the same shall be yearly raised out of the said yearly Rents Issues and Proffits Now Witnesseth c. CHAP. III. Containing several Covenants 1. This Indenture c. between A. B. and E. To levie a Fine Sur cogniz de droit come ceo Per. Baron feme his Wife on the one part and C. D. and G. H. of the other part witnesseth that it is Covenanted Granted Concluded and Agreed by and between the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife dâ—th covenant grant and agree to and with the said C. D. and G. H. their Heirs Executors and Administrators by these presents That they the said A. B. and E. his wife shall and will before the end of the Terme of St. Michael the Archangel next ensuing the Date hereof by one Fine with Proclamations in due form of Law to be levied before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster †Or before any other Person or Persons sufficiently and lawfully authorized in that behalfe which is sometimes added Between the said C. D. and G. H. Plaintiffs and the said A. B. and E. his wife Deforciants Recognize and acknowledg All that tho Mannor of c. and all other the Lands Tenements and Hereditaments lying and being in the Parish of B. in the County of C. in which the said A. B. and the said E. his wife or either of them have or heretofore had any Estate or Inheritance in Possession Reversion or Remainder with all and singular the Appurtenances thereof by some Name or Names and Contents and Numbers of Acres in the said Fine to be contained to be the Right of the said C. D. as those which the said C. D. and G. H. have of the Gift of the said A. B. and E. his wife and the same shall thereby remise and quit-claime from them the said A. B. and E. his wife â—nd their Heirs to the said C. D. and G. H. and the Heirs of the said C. D. for ever And moreover shall by the said Fine warrant the said Mannor and Premises with the Appurtenances unto the said C. D. and G. H. and the Heirs of the said C. D. against them the said A. B. and E. his wife and the Heirs of the said A. B. Another more brief for ever 2. This Indenture c. Between A. B. and E. his wife on the one part and C. D. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife doth covenant and grant to and with the said C. D. his Heirs Executors and Administrators that he the said A. B. and E. his wife shall Will on this side and before the Feast of c. next ensuing the Date of these presents or before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster acknowledg and levie one Fine sur cognizance de droit come ceo que il ad de lour done c. with Proclamations according to the forme of the Statute in such Case had and provided to the said C. D of all that Messuage or Tenement and Lands c. by such Name and Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel learned in the Law shall be reasonably devised advised or required 2. This Indenture made c. Between A. B. of Another by several persons severally interessed c. on the first part C. D. of c. on the second part E. F. of c. on the third part and G. H. of c. on the fourth part Whereas the said A. B. is seized in his Demesne as of Fee of and in one parcel of Pasture ground called or known by the Name of D. lying and being in the Parish of F. in the County aforesaid containing by Estimation twenty Acres or thereabouts which he lately purchased of one J. R. of c. And whereas the said C. D. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances and a certain parcel of Meadow grounds lying neer thereunto containing by Estimation six Acres or thereabouts lying and being in F. aforesaid which he lately purchased of one L. M. of c. And whereas the said E. F. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances lying and being in F. aforesaid and a certain Close or parcel of Pasture ground thereunto belonging and adjoyning containing by Estimation Ten Acres or thereabouts which he the said E. F. lately purchased of one R. S. of c. And they the said A. B. C. D. and E. F being of the said Premises so severally seized as aforesaid Now witnesseth these presents that it is covenanted concluded and agreed by and between all the said Parties to these presents That they the said A. B. C. D. and E. F. shall on this side and before the Feast of c. next ensuing the Date hereof in due form of Law levie and acknowledg one Fine sur cognizance de droit come ceo c. with Proclamations according to the Statute in that Case made and provided before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster to the said G. H. and his Heirs of all and singular the Premises with the Appurtenances The Uses by the Name or Names of c. And that the said Fine so to be levied shall be and envre and shall be deemed construed and taken to be and envre and the said G. H. and his Heirs shall by vertue thereof stand and be seized of and in all and singular the said Premises with their and every of their Appurtenances to the several uses hereafter mentioned and declared and in manner and form following That is to say of and in the said parcel of Pasture Land called or known by the Name of D with the Appurtenances thereof to the only use and behoofe of the said A. B. and his Heirs and of in and to the said Messuage or Tenement with the Appurtenances and parcel of Medow grounds to the only use and behoofe of the said C. D. and his Heirs c. and so for the rest 4. This Indenture made c. Between A. B. To levie a Fine in the County of Lancaster of the one part and C. D. and E. F. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between all and every the
parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant grant and agree to and with the said C. D. and E. F and either of them their or either of their Heirs Executors and Administrators by these presents that he the said A. B. shall and will at the next Assizes or general great Sessions for Pleas to be holden at Lancaster before the Justice or Justices of our Soveraign Lord the King there for the time being levie and acknowledg one Fine Sur cognizance de droit come ceo c. with Proclamations thereupon to be had in due form of Law unto the said C. D. and E. F. and their Heirs of and in all and singular those Several Mossuages or Tenements c. by the name of three Messuages two Gardens two Acres of Land twenty Acres of Meadow and fourty Acres of Pasture with the Appurtenances in B. in the County of Lancaster aforesaid c. 5. This Indenture made c. Between A. B. on To levie Fines in the Counties of Chester and Lancaster the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving hath covenanted granted and agreed and by these presents doth for him his Heirs Executors and Administrators covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presents That he the said A. B. shall and will before the Feast of c. next ensuing the Date of these presents in due form of Law acknowledg and levie two or more Fines sur cognizance de droit come ceo c. with proclamations within the Counties Palatine of Chester and Lancaster before the Kings Majesties Justices of Assize or before some other Person or Persons in that behalf lawfully and sufficiently authorized unto him the said C. D. and his Heirs of all that c. The one part being in the County of Chester the other in the County of Lancaster by such Name or Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel Learned in the Law shall be reasonably advised or required c. 6. This Indenture c. Between A. B. of the To levle a Fine in a Court of Ancient Demesne one part and C. D. of the other part Whereas the said A. B. is the Day of the Date of these presents lawfully seized of an Estate of Inheritance to him and the Heirs Males of his body of and in divers Messuages Lands Tenements and Hereditaments within the Liberty of H. at B. in the County of E. hereafter in these presents particularly mentioned Now witnesseth these presents that the said A. B. for divers good Causes and Considerations him hereunto especially moving and for the settling c. doth for himself and his Heirs covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presentâ— That he the said A. B. at his own proper Cost and Charges shall and will in due form of Law before the Feast of c. next ensuing the Date of these presents acknowledg and levie one Fine in the Court of Ancient Demesne within the said Liberty of H. at B. according to the course and common usage for levying of Fines for Lands and Hereditaments within the said Liberty unto the said C. D. of all those Messuages Lands c. by the Name of three Messuages three Gardens fourty Acres of Land c. in H. at B. aforesaid or by such other Name or Names as shall be thought meet c. 7. This Indenture c. Between A. B. and E. To levie a Fine with a Render of an Estate for Years his wife on the one part and C. D. on the other part Witnesseth That for divers gâ—od causes and considerations it is covenanted granted concluded and agreed by and between the said Parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next ensuing at the Cost and Charges of the said C. D. his Executors and Administrators one Fine with Proclamations in due from of Law shall be levied and acknowledged between the said Parties to these presents in manner and form following of one Messuage with the Appurtenances in the Parish of c. and two other Messuages c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances for which Remise Release and Quitclame the said A. B. and E. his wife shall by the said Fine Render the said The Render Messuages and Premises with the Appurtenances unto the said C. D. his Executors Administrators and Assigns to have and to hold the same unto the said C. D. his Executors Administrators and Assignes from the Feast of the Nativity of St. John the Baptist next ensuing the Date hereof for during and until the full end and term of One and Twenty years from thence next ensuing and fully to be compleate and ended Yielding and paying therefore yearly and every year unto the said A. B. and E. his wife their Heirs Executors and Assigns respectively during the said term the yearly Rent or Sum of Five pounds of lawful Moneys of England at Four the most usual Feasts in the year that is to say c. or within thirty Days after either of the said Feasts with Several Covenants to be added as is usual in I eases 8. This Indenture c. Between A. B. and E. Another with a Render of a Rent his wife on the one part and C. D. on the other part Witnesseth That for divers good Gauses and Considerations it is covenanted granted concluded and agreed by and between the said parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next coming at the Cost and Charges of the said C. D. hiâ— Executors and Administrators One Fine with Proclamations in due form of Law shall be levied of certain Messuages c. levied and acknowledged by and between the said parties to these presents by the Names of c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances For which Remise Release and Quitclaim the said The Render A. B. and E. his wife shall by the said Fine grant and render unto the said C. D. his Executors Administrators and Assigns one Annuity or yearly Rent
of Twenty pounds per annum of good and lawful Moneys of England to be issuing and going out of the aforesaid Messuages and Premises with the Appurtenances to have hold receive and enjoy the said Annuity of Twenty pounds per annum and every part and parcel thereof unto the said C. D. his Executors Administrators and Assigns from the Feast of c. next ensuing the Date hereof unto the full end and term of One and thirty years from thence next ensuing and fully to be compleat and ended at the Feast of St. Michael the Archangel and the Annunciation of St. Mary the blessed Virgin by even and equal portions yearly to be paid during the term aforesaid And if it shall happen the said Clause of Distress yearly Rent of Twenty pounds or any part thereof to be behind or unpaid in part or in all by the space of twenty Dayes after either of the said Feasts or Dayes of payment being lawfully demanded that then and from thenceforth it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns into the said Messuages and Premises and every part and parcel thereof to enter and distrain and the Distress and Distresses there to be found and taken lawfully to lead bear drive and carry away and the same to detain and keep until he the said C. D. his Executors Administrators and Assigns shall be fully paid and satisfied the said Annuity or yearly Rent and all and every the Areres thereof c. 9. This Indenture c. Between A. B. and E. To leavie a Fine Sur concessit his Wife on the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators and for the said E. his wife covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. and E. his wife shall and will before the end of this present Term of St. Hillary leavy one Fine Sur concessit with Proclamations in due form of Law before his Majesties Justices of the Common Pleas Court at Westminstor in the County of Midds unto the said C. D. of all the Mannors c. and the Revertion and Revertions Remainder and Remainders of all and singler the premises and of every part and parcel thereof And all Rent and Rents and yearly services and other profits whatsoever reserved and payable upon every demise and demises Leases Grants and Conveyancies whatsoever made and granted of the premises or any part or parcell thereof by such name and names quantities and qualities as shall be thought meet and â— 10. This Indenture c. Between A. B. and E. To sue fortha Recovery with double voucher his wife of the first part C. D. and E. F. of the second part and G. H. on the third Part Witnesseth these presents that it is mutually and respectively covenanted and concluded by and between the said Parties to these presents And the said A. B. doth for himself his Heirs Executors and Administrators and for the said E. his wife covenant and agree to and with the said G. H. his Heirs Executors and Administrators by these presents That he the said A. H. and E. his wife shall and will on this side and before the Feast of c. Tenent to the precipe made by Fine now next ensuing leavy and acknowledg oâ—e Fine sur cognizance de droit come â—co quc ils ont de lour done c. in due form of Law with Proclamations to be had and made according to the common course of Fines in such cases used and the Statuâ—e in that behalf made and provided before the Justices of our Sovereign Lord the King of his Majesties Court of Common Pleas at Westminster or before some other competent person or persons thereunto lawfully and sufficiently authorized to the said C. D. and E. F. and their Heirs of all that the Mannor of S. in the County of B. and of all Messuages Lands Tenements and Hereditameâ—ts whatsoever which are or are reputed part or parcol of the said Mannor or belonging or appertaining thereunto by such name or names quantities qualities contents and numbers of Acres and in such manner and form as by the said G. H. his Heirs of Assigns or his or their Council learned in the Law shall be reasonably devised advised or required which said Fine so or in any other manner to be levied and acknowledged between the said Parties shall be and shall be construed reputed and taked to be to and for the use of the said C. D. and E. F. and their Heirs to the only end intent and purpose that the said C. D. and E. F. shall and may stand and be full and perfect Tenents of the Freehold of the said Mannor Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be leavied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the said Mannor Messuages Lands and Premises against the said C. D. and E. F. and their Heirs according to the true intent and meaning of these presents and the Parties thereunto 11. And it is further covenanted concluded To suffer a Recovery upon a writ of entry en le post and agreed by and between all the said Parties to these presents and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. before the Feast of c. next ensuing the Date hereof by Writ or Writs of entry Sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our said Sovereign Lord the King of the Court of Common Pleas at Westminster in the name of the said G. H. demandant against the said C. D. and E. F. being Tenents to recover to them and their Heirs in due form of Law according to the usual form of common Recoveries for assuring of Lands Tenements and Hereditaments against the said C. D. and E. F. and the surviver of them then Tenent or Tenents of the premises All and every the said Mannor Lands and Premises withal and singular their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained or thus by such name of names and under such number and contents of Acres aâ—d in such manner and form as shall be advised by the Council of the said G. H. unto which said Writ of entry Sur disseisin en le post so to be brought as aforesaid the said C. D. and E. F. shall appear gratis And then and immediately after appearance and defence made shall and will in the said action vouch to warranty the said A. B. and E. his
Manerio or Maneriis cum pertin in A. here in this case the Concord must be quod recogn pred Manerium or pred Maneria cum pertin Neither will Mesuages named by themselves in a Precipe pass by the word Tenementa in the Concord So an Honour Castle Island Barony Hundred Borough Knights Fee the Scite of a Mannor a Park a Prebendry Rent Common a Warren Fishing Rectory Tythes Oblations Toll Stallage Pontage View of Frank-pledge a Liberty Franchise Office Bayliwick Fair Market passage the Moiety or part of any entire thing Wreccum Maris Advowsons of a Church or portions of Tythes must be particularly named in the Concord as well as in the Precipe otherwise the Concord will not be good Although there be divers Cognizees in a Concord the right shall be limited to one of them As where A. is Cognizor B. and C. Cognizees The Concord shall be quod praedictus A. recogn praedicta tenementa cum pertin esse jus ipsius B. ut illa quae iidem B. C. habent de dono praedicti A. illa remisit quiet clam de se heredibus suis prefat B. C. heredibus ipsius B. imperpetuum But where a Fine is from divers Cognizors the Release and Warranty must be from all the Cognizors and their heirs thus expressed in the Concord where A. B. are Cognizors and C. Cognizee ss quod predicti A. B. recogn predicta tenementa com pertin esse jus ipsius C. ut illa que idem C. habet de dono predictorum A. B. illa remisit quier clam de ipsis A. B. heredibus suis pred C. hered suis imperpetuum Et predictus A. concessit prose heredibus ipsius A. quod ipsi warant prefat C. heredibus suis tenementa predicta cum pertin contra predictos A. heredes suos imperpetuum And the like Waranty from B. But if the Fine be of Gavel-kind it is otherwise Coke 5. 38. It is usual for divers persons that have made several small distinct purchases in one County to joyn together in one Fine for saving charges And that the writ of Covenant be brought by all the Vendees against all the Vendors and every one of them Warants for himself and his heirs against him and them onely West Symb. 2. part CAP. VII Before whom and how Fines are to be levyed with the manner of drawing a Fine at Bar by the Serjeants at Law THe persons before whom Fines are to be levyed are such as either take Cognizance of Fines ex Officio and by vertue of their Office or such as are appointed and authorized thereunto Those that do it ex Officio are the Lord Chief Iustice for the time being of the Court of the Common Pleas who hath power to receive and certifie the Acknowledgment of all manner of Fines without any kind of Commission as well in any place out of the Court as in the Court. And so any two of the Iustices of the same Court may do it in open Court Those that take Cognizance of Fines otherwise then ex Officio are such as do it by vertue of some Commission General or Special granted unto them by the King out of Chancery The first sort of those that take and certifie Cognizances of Fines by vertue of Commission are Iustices of Assize who although they may do it by the general words of their Patent yet they do not use to certifie them without a special writ of Dedimus potestatem Secondly the Iudges of both Benches and Barons of the Exchequer who do usually first take the Cognizance of Fines without Dedimus potestatem and afterwards Certifie the same upon a Dedimus potestatem to warrant and justifie their proceedings therein The third sort are certain discreet honest and understanding Gentlemen in the Country or place where the Cognizors which are to acknowledge the Fine reside who have alwaies a special writ of Dedimus potestatem directed unto them whereby they have power to do such things therein as the Chief Iustice doth daily ex Officio upon surmise that the parties that are to acknowledge the Fine are not able to travel to Westminster for the doing thereof And by this Writ upon such surmise power may be given to any Serjeant at Law or to any Knight or Gentleman together to take the Cognizance of the persons that are to be Cognizors in the Fine And this they may take from them either altogether at once or asunder at several times and in several places as they please But herein great care must be had by the Commissioners in executing their Commission least they commit some notorious errour to make void the Fine As if the Dedimus potestatem be to two Ioyntly to do it and one of them doth it alone or if the same be to three Ioyntly to do it and two of the three onely do it or the like this will be Errour So if one of the Cognizees be one of the Commissioners and he himself take the Cognizance of the Fine this likewise will be Errour F. N. B. 146 147. Dyer 220. 11 H. 6. 21. Crooke 1. 249. Form bene placitandi Tit. Erros Assignes The Iudges and Commissioners impowered to take Cognizance of Fines are to be careful of whom they take such Cognizances for Fines before them That they know the Cognizors and so do not suffer one person to make Cognizance in the name of another nor take any Cognizance from persons prohibited by Law and such as are unfit to be Cognizors as Infants Mad men Drunken men and the like And if husband and wife be Cognizors the wife ought to be examined solely and secretly whether she be content of her own free will to part with her right in the land or whether she do it by the menace and threats or out of fear of her Husband and then the contents of the Fine must be read distinctly to her And if the Iudge doubt of her age he may examine her upon oath and so may Commissioners which being done and the Fine read to the Cognizors they are to put their hands to the Concord And then the Commissioners are to certifie the Cognizance of the parties the same day and year when it was taken and so return the Dedimus with the Concord into the Court of Common Pleas within a year after it is taken at farthest And upon any of the Commissioner's refusal so to do the party grieved may by Certioraâ—i compel him that hath it in his Custody his Executor or Administrator to certifie it How to sue out a Fine before the Lord Chief Justice of the Common Pleas. You are first to draw your Precipe in paper after this manner ss Precipe T. S. Armigero A. uxori ejus quod juste c. teneant R. S. Armigero Conventionem c. de Maneriis de K. S. cum pertinentiis ac de decem Mesuagiis viginti Cottagiis decem Tostis Centum
suggests the Cognizor is dead and pray's a Scire facias against his heir ET super hoc iidem Richardus Jana dicunt quod pred Johannes Law in fine pred nominat mortuus est quodque Elizabetha Law est filia heres predict Johannis Law cui stat in feodo simplici de in Manerio Tenementis predictis cum pertin per finem pred concessus fuit Quodque eadem Elizabetha est modo uxor Alex. Page Et pet brev domini Regis ad premuniend predictos Alex. Eliz. essendi coram domino Rege auditur Record processum predict ei conceditur c. Ideo precept est Vic. Essex quod per probos c. scire fac pred Alex. Eliz. quod sint coram domino Rege apud Westm A die Pasche in quindecim dies ubicunque c. auditur Recordum processum pred si c. Et ulterius c. Idem dies dat est prefat Richardo Jane ibidem c. Ad quem diem coram domino Rege apud Westm ven pred Richardus Jana per Attorn suos pred Et Vic. videlicet A. B. modo mand quod ipse virtute brevis predict sibi inde direct scire fecit prefat Alex. Elizabethe essendi coram dict domino Rege apud Westm. ad diem locum predict prout sibi per brev pred precept fuit per M. R. J. D. probos c. qui quidem Alex. Elizabeth sic premuniti quarto die placiti solempnit exact per J. B. Attorn suum similiter ven super quo pred Richardus Jana ut prius dicunt quod in Recordo processu pred acetiam in levatione finis predict manifeste est Errat allegando Errores predict per ipsos in forma pred allegat Et pet quod finis pred ob errores illos alios in Recordo processu predict compertos revocetur adnulletur penitus pro nullo habeatur Et quod ipsi ad omnia que ipsi occasione finis pred amiser restituantur c. H. 26 Eliz. Rot. 93. in Banco Regis CAP. XI The Charges of a Fine acknowledged either before the Lord Chief Justice at the Bar or before a Judge of Assize or Commissioners in the Countrey by Dedimus Potestatem Sect. I. The Charges of a Fine acknowledged before the Lord Chief Justice are as follow   s. d. DRawing the Precipe and Concord 0 3 4 Acknowledging thereof before the Chief Iustice 0 11 8 Writ of Covenant 0 3 0 Imposition upon the Writ of Covenant 0 0 6 For the Kings Fine according to the value of the Land Imposition thereupon accordingly  The several Fees at the Alienation Office 0 2 4 Warant of Attorney making and filing 0 0 4 Paid at the Inrollment Office 0 2 0 To the Custos Breviâ—m 0 3 8 To the Kings Silver-Office in Term time 0 0 10 If out of the Term 4d more if taken before the Chief Iustice but if by Dedimus you pay 0 1 8 To the Chirographer in Term time and 6d more after 0 5 8 For the Indentures to the Chirographers Clerks for the first warranty 0 3 6 For every Warranty afterwards 0 0 6 Attorneys Fee 0 6 8 Sect. II. The Charges of a Fine acknowledged at the Bar.  l. s. d. TO a Sergeant at Bar 0 3 4 To the second Prothonotary or his Clerk in Court for Recording the Fine 0 1 4 Fees paid in Court to the Box and Officers 0 0 6 In all things else the Fees are the same of a Fine acknowledged at Bar as if it had been taken before the Lord Chief Justice Sect. III. The Charges of a Fine acknowledged before Commissioners in the Country by special Dedimus potestatem TO the Cursitor for the Dedimus with Imposition 1 4 8 To a Iudge for his hand or Allocatur in case a Knight be not present at the Caption 0 4 0 But when a Knight is present you need not a Iudges hand    The rest of the Fees are the same in this Case as when acknowledged before the Lord Chief Justice Sect. IV. The Charges of a Fine taken before a Judge of Assize   s. d. IN this case the Charges are the same as when acknowledged before the Lord Chief Iustice the Fee for the Caption being also 0 11 8 Onely you pay to the Cursitor for a Dedimus potestatem 0 9 6 The rest of the Fees are as Sect. the first ARCANA CLERICALIA OR A Treatise OF Common Recoveries UPON WRITS of ENTRY IN le Post WITH Notes and Observations thereupon AND A TABLE of Fees Printed Anno Dom. 1673. Arcana Clericalia OR A Treatise OF Common Recoveries UPON Writs of Entry In le Post A Common Recovery defined A Common Recovery is onely fictio Juris or a Conveyance by consent used for the better assuring of Lands and Tenements upon any man wherein the Recovery in value the supposed Recompence for him which loseth his land is but a fiction in Law And this Recovery by assent is now by custome become a Common Assurance and Conveyance upon which Vses may be limitted and raised Coke 1 part Sir William Pelhams Case 14. But there is a great difference between a Recovery by assent and a Recovery without assent of the Parties Vide 14. El. Cap. 8. The former definition explained IF any person have a desire to render himself capable of disposing of Lands or Tenements which are intayled upon him and would be enabled to sell give or bequeath them as he pleaseth the course is to procure some friend to bring a Writ against him for this Land or in case where he doth sell the Land perhaps he that buyeth it or is to have it setled upon him shall bring the Writ against him that is to make the Assurance of the Land if it be with a single Voucher And in this case the Demandant being Plaintiff in this Action doth suppose that the Tenant or he against whom the Writ is brought hath no right to the Land but that he onely viz. the Demandant hath right thereunto and that the Tenant came to the Land wrongfully by means of one Hugh Hunt a stranger therein named And to this Writ the Tenant doth appear either by Attorney or in person and then doth enter into defence of the Land but in Pleading doth vouch to warant such a man from whom or his Ancestors the Lands in question are supposed to come to him or his Ancestors the Ancestor of which third person obliging himself and his heirs by Conveyance to warant and make good the Title to him or them to whom it was Conveyed and thereupon he prayeth that this Vouchee or third person may be called into Court to defend this Title whereupon being called he doth appear and seem to defend the Title denying that the Tenant came to the land wrongfully by means of the aforesaid Hugh Hunt upon which he takes Issue