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 LONDON Printed by F. L. for Tho. Firby and are to be sold at his Shop near Grays-Inn Gate 1656. To the Reader Reader THis Treatise was at first intended only for Private use but having been perused by some Eminent Practizers of the Law and Commended by them to be of Publique benefit and concernment I have adventured with their advice to present it to thee in Print I hope thou wilt reap so much benefit by it as will at least deserve thy acceptance However pass favourably by what Errors thou findest and thou shalt in as great a matter oblige both the Printer and Thy Friend I. B. The Definition of a Fine IT appeareth by many Writers of the Common-law That a Fine is nothing but a friendly composition or final concord had between persons of and concerning any lands or tenements rent or other thing hereditable being in esse tempore finis acknowledged and recorded formerly by the consent and license of the King now of the Lord Protector or his Justices before a competent Judge to the end to cut off all controversies that neither of the parties litigant from it may after depart And therefore well may it be said to be fructus exitus finis legis Plo. fol. 357. If we but consider that the Law was made to no other end than to settle peace In every Fine there are two several parties the Cognisor and the Cognisee the party levying the Fine is called the Cognisor and he to whom it is levyed is called the Cognisee There are five essential parts in a Fine first the original writ taken out against the Cognisor the Kings licence formerly so called giving the parties liberty to accord for which he had a Fine called the Kings silver being accounted a part the Crowns revenue Thirdly the Concord it self which thus beginneth Et est concordia talis c. Fourthly the note of the Fine which is an abstract of the original concord and beginneth thus ss inter R. quaerentem S. E. Uxorem ejus desorcientes c. Fifthly the foot of the Fine which beginneth in this manner Haec est finalis concordia facta in curia Domini Protectoris apud Westm a die Pasche in quindecim dies anno c. so that the foot of the Fine includeth all containing the day year and place and before what Justices the Concord was made Coke v. 6. cas Teye fo 3 8 39. There are two sorts of Fines the one at Common Law the other levied and proclaimed according to the Statute 1 R. 3. cap. 7. 4 H. 7. cap. 24. 32. 14. 8. cap. 36. In the levying and proclaiming of a Fine two several Statutes are chiefly to be considered the one of them is the Statute of 1 R. 3. chap. 7. The other is the Statute of 4 H. 7. chap. 24. being in some thing afterwards explained by a Statute made in Anno 32. H. 8. chap. 36. The Proclamations are four and are to be made four several Terms as hereafter shall be expressed Concerning Fines with Proclamations 5 things are to be observed 1 The time of levying proclaiming the same 2 The place where and before whom it is to be levyed 4 What Ceremonies therein are to be observed 5 the several times are to be observed and considered First that the Fine be levyed afâ—er the Feast of Easter which was in the year of our Lord 1496. for all Fines levyed before that time are out of the compass of this Statute 4 H. 7. as it appeateth by the letter of the same Statute 2 That the Proclamation must be made in time of the Term and therefore if any of those proclamations doe happen to be made either before the beginning or after the end of any Term or on a Sunday or other festival day exempted from the Term as on the Feast day of the Purification of St. Mary the Virgin Ascention day All Saints All Soules or on the Feast day of St. Iohn Baptist if it happen on any other day than on the Friday next after Trinity Sunday and to be recorded accordingly then if it be not holpen by the Statute of 23. Eliz. cap. 3. all the Proclamations are reversable by a Writ of error or by plea as it appeareth in Finches case Plow com 266 267. and then the Fine will be of no other nature and force than a Fine without proclamations And albeit the Proclamations were all made within the Terms according to the form of the Statute yet if the record or records do purport the contrary they are reversable by error or avoidable by plea if it be not holpen by the said Statute for a record is of that credit in law that no averment may be admitted to the contrary A Fine doth for ever conclude and bar as well privies as strangers to the same except such strangers as are women covert other than be parties to the Fine and every other person being within age viz. the age of 21 years in Prison or out of this Realm or not of whole mind at the time of such Fine levied But this exception is conditional viz. that they or their heirs inheritable to the same lands c. do take their action or lawfull entry according to their right and title they have to the Tenements therein contained at time of the ingrossing thereof within 5 years next after they be of full age of 21 years out of prison uncovert within this Realm and of whole mind Now let us see who are privies and who are strangers to a Fine according to the Statute there are three privities only 1 privity in blood only 2 privity in Estate only 3 privity in blood and estate There are three kinds of privities 1 in blood tantum 1 one when a man is heir to his late Ancestor and yet hath nothing by discent from him As for example if a father seised of lands in Fee doth thereof infeoffe a stranger and his heirs or if he by his last Will and Test in writing did dispose the same being holden in soccage to another in Fee and hath issue and dyeth in this case such issue is privy in blood having nothing by discent 2 Another kind of privity in blood is when something is descended unto him as heir unto his Ancestor and yet he claimeth the same by some other right and not as heir to such an Ancestor As for example if there be a Father and Son and the Son purchaseth lands of a stranger in Fee and is there of disseised by his Father who dyeth thereof seised the same descend to his Son aâ— heir in this case
Tenements do belong for ever Adjuncts of Concords THe adjuncts of a Concord be of two sorts Internal External Internal be such as be contained within the very Concord it self of which sort be the clause of reservation of the Services Rent or other thing the clause Reservation Nomine poene Distresse of Nomine poene the clause of Distresse and the clause of Warranty All which clauses of Reservation Nomine poene Distresse and Warranty are to be made in such words and in such formes as the like are made in Instruments extrajudicial Warranty And warranties be sometimes general that is to say against all men some against all except certain persons some against certain persons only some against every Cognisor and his heirs severally and some against one of the Cognisors and his heirs only some of all the lands in Fine some of all except part and some of part only certainly expressed Licence Alienation The External adjuncts of Concords be the licence of alienation the Dedimus potestatem the examination of the parties and the cognisance The licence of Alienation is a power or authority given by the King now by the L. Prot. to the parties that lands may be alienated without incurring the danger of contempt And every such licence is either to alien lands holden in Capite or to alien lands into mortmain The license of alienation of lands holden in Capite may vary from the Fine and be good 32 H. 8. Br Alienation 4. 30. Docket For the obtaining of which licence the Clark of the licences doth use to draw a Docket in paper containing the effect of the Fine Feoffment or other Deeds whereby the alienation is to be made Affidavit And thereupon affidavit or composition must be made for the value of the lands which are to passe thereby which is to be signed by the Doctor of the Chancery that hath power to take Oath Then the Kings Fine is to be paid to the receiver of Fines who will sign the Docket And after the same is to be signed by two of the Commissioners of the Office of of Fines and Licences and upon that Docket the Clerk of the Licences is to make the Licence and get it sealed with the great Seal which licence is to be made in form following OLiver c. To all to whom these present Letters shall come greeting Know ye that we of our special grace and for 3 pounds to us paid in our treasury have granted and gâ—ven licence and by these presents do grant and give licence for us and our heirs as much as in us is to our beloved friend J. F. that he all the Moyety of the Mannor of C. with the appurtenances and 40 Messuages 20 Cottages 40 Gardens 50 acres of Land 40 acres of Meadow 300 acres of pasture 30 acres of wood 300 acres of Moor and twenty pounds rent with the appurtenances in W. and elsewhere in our County of N. to the said moyety appertaining or belonging parcel thereof being reputed or accepted as they are held of us in Capite may give grant alien sell bargain enfeoffe warrant or knowledge by sine in our Court before our Justices of the Common Bench or otherwise or by any mean whatsoever to our beloved friend E. R. To have and to hold to the same E. his heirs and assigns of us and our heirs by the service aforesaid for ever as aforesaid by the tenor of these presents we have likewise given licence and do give special licence unwilling that the aforesaid I. or his heirs or the aforesaid E. or his assigns aforesaid by reason of the premises by us our heirs or successors Justices Escheators Sheriffs Bayliffs or other our Officers or Ministers whosoever of our heirs or successors thereof should be occasioned molested disturbed vexed or grieved in any thing or any of them should be occasioned molested disturbed vexed or granted in any thing In testimony of which thing these our Letters Patents we have caused to be made Witnesse my self at Westminster the last day c. A licence to alien in Mortmain OLiver c. To all c. know ye that we of our special grace and for 40 s. to us paid in our treasury have granted and given licence and doe give licence for us and our heirs as much as in us is to R. S. that he the advowson of L. to the Abbot and Covent of L. in the County of E. may give and grant To hold to them and their successors of the said soveraign Lord and his heirs in free pure and perpetual free alms for ever And to the same Abbot and Covent that they the advowson from the aforesaid R. S. may receive and appropriate that Church and that so appropriated may to their own uses hold to themselves and their successors of the said Lord Protector and his heirs in free pure and perpetual free almes for ever Nilling c. Ut supra Quod permittat finem levari ANd after that such licence is had the use was which is not now in use to have a writ mentioning the licence and the effect of the Fine directed to the Justices of the Common place commanding them that they print the Fine so levied Register f. 176. a. 1. E. 3. ca. 12. 34 E. 3. ca. 15. 33 H. 6. f. 2. The form of which writ succeedeth REx To his Justices of the Bench greeting Whereas by our Letters Patents of our special grace we have granted to I. S. that he of his Mannors of F. and W. with the appurtenances which are held of us in Capite may infeoffe to K. c. reciting the whole Charter as in our Letters aforesaid more fully it is contained and our Writ of Covenant hangeth before you in the Bench aforesaid between the aforesaid I. and K. of the Mannors aforesaid to levy a Fine thereof between them according to the Law and Custom of our Kingdom of England as we have been informed we command you that that Fine between the parties aforesaid of the Mannors aforesaid before you in the same Bench to be levied ye permit according to the tenour of our Letters aforesaid Witness c. But before the 20 H. 3. the Kings tenant in Capite might have aliened his free lands without licence 14 H. 4. 3. 20. Ass Pâ—ac 17. as it seeemeth The Writ of ad quod damnum BUt before the granting of any such licence either to alien Lands holden in chief or to alien lands in Mortmaine or release right in Mortmain or exchange the ancient use was to have a writ ad quod damnum conteining the substance of the Kings licence out of the Chancery directed to the Escheator in the County wherein the Lands lye to be aliened to enquire and certifie into the Chancery what damage or prejudice the alienation thereof will be to the King or the other chief Lord of whom they are holden And of what tenure and value the Lands be And
whether there remains sufficient free-free-lands besides those to the Alienor to sustain publick charges and to be in Assizes and Juries c. And this is as well where the Alienation is made by the King or by a Corporation or a Feme covert as by any other The like inquiry by Writ of ad quod damnum hath been used before the King made any grant or pardon for alienation lease release confirmation or licence and after the Inquisition returned and certified into the Chancery to effect the same accordingly F. N. B. f. 221. inde usque f. 227. But now experience is to the contrary in lieu whereof the use of late hath been to put in the Kings Patents in these words absque aliquo brevi de Ad quod damnum seu aliquibus aliis bâ—evibus seu mandatis super inde habendis fiendis aut prosequendis And one Writ of ad quod damnum will serve for divets Purchasers and a licence to alien in Mortmain of one King will serve in the time of another But not so of Lands holden in chief 22 E. 3. F. N. B. in brevi de ad quod damnum Of a pardon for alienation A fine of pardon BUt if perchance any alienation be made without licence a Pardon must be sued the fine whereof is the value of the Lands by one year and the mean profits between the Inquisition and the pardon 31 H. 8. Br. Alienation 29. unlesse the Commissioners will more favourably compound for the same as in some cases upon reasonable cause shewed they use to doe which Pardon being purchased the Purchaser is to hold the Land still 14 H. 6. 26. 50. Ass p. 2. 1 E. 3. c. 12. 34 E. 3. c. 15. Fine of licence But the Fine of a Licence to alien Lands holden in Capite is the third part of the yearly value thereof 26 H. 8. Br. Alienation 29. Mortmain But if a lienation of Lands into Mortmaine be made without licence the King may seise them as forfeited or escheateâ—d Mag. Char. ca. 36. West 2. ca. 32. And for a licence thereof to be granted the fine thereupon to be paid is the value of the land by 3 years 26 H. 8. Br. Alienation â—9 Variance But variance between the licence and the fine is not material if it be all one alienation 32 H. 8. Br. Alien 30. Release And it seemeth that a Fine sur release or other release is none alienation and therefore no fine due for the same P. 37 H. 8. Br. Alienation 31. Recovery But fines are payable and licences to be sued upon common recoveries 39 H. 6. 32 H. 8. c. 1. 4. E. 3. Will. Devise by Will is an Alienation 3. Ma. 1. Br. Alien 37. Of the Dedimus Potestatem to take Cognisance of a fine A Dedimus Potestatem to take knowledge of a Fine is as aforesaid a Writ Commissional directed to one or more giving them-power to take and certifie to the Justices of the Common Place the cognisance of the Cognisees when they cannâ—t conveniently travell to doe it in Court and it ought to recâ—te the substance of the writ or Covenant and bear teste or date after it F. N. f. 146. g. The form of the writ of Covenant and Dedimus Potestatem with the returns thereof ensue The writ of Covenant OLiver c. To the Sheriff of York greeting Command T. B. Esquire and A. his wife that justly and without delay they hold to V. P. Gent. the Covenant between them made of the Mannor of T. with the appurtenances And of two Messuages 3 Cottages five Tofts one Dove-house five gardens five Orchards 110 acres of land 50 acres of meadow 50. acres of pasture 10 acres of wood 100 acres of ling and heath 40 s. rent common of pasture for all manner of beasts with the appurtenances in W. B. And unlesse they shall doe it and the aforesaid W. shall secure you for prosecuting his complaint then summon by good summoners the aforesaid T. and A. that they be here before our Justices at Westminster in 8 dayes of St. Michael to shew wherefore they will not doe it And have you there the Summoners and this Writ Witnesse c. the 14th day of N. In the year c. Fine And the Fine thereof was wont to be entred under the Writ thus For xx s. paid to the Farmer of the Fines of ouâ— Soveraign Lord the King by vertue of the Kings warrant Indorsement Then must the writ of Covenant be indorsed thus By E. S. for the fine within written who affirmeth that the Tenements within named doe not exceed the value of 10 l. by the year The Sheriffs return E. S. Pledges of persecuting John Doo Rich. Roo Sumoners John Den. Rich Fen. The Commis of Fines W. L. T. W R. Eure. Esq Sheriff The Dedimus potestatem thereof OL. c. To our beloved and faithfull c. greeting Whereas our writ of Covenant hangeth before our Justices of the Bench between W. P. Gent. and T. B. Esq and Ann his Wife of the mannor of T. with the appurtenances and of 2 Messuages 3 Cottages 5 Tofts 1 Dove-house 5 Gardens 5 Orchards 110 acres of Land 50 acres of Meadow 50 acres of Pasture 10 acres of Wood 100 acres of Ling and Heath 40 s. Rent and Common of Pasture for all kinds of Beasts with the appurtenances in W. and B. in the County of Tork to leavy a Fine thereof between them before our Justices aforesaid in the Bench aforesaid according to the Law and custom of our Common-wealth of England And the aforesaid T. and A. are so impotent that without the greatest danger of their bodies unto Westm at the day in the said writ conteined to make Cognisances which in this behalf are required travell they cannot as we have received We to the state of the said T. and A. pitifull in this behalf have given to you four three or two of you power to receive the Cognisanses which the said T. and A. before you four three or two of you shall make of the Premises And therefore you four three or two of you we command that unto the aforesaid T. and A. personally going you receive their Cognisances aforesaid and after ye have received them our Justices aforesaid thereof under the Seals of four three or two of you distinctly and openly you certifie that then that Fine between the parties aforesaid of the Premises before our Justices aforesaid in the Bench aforesaid may be levied according to the Law and Custom aforesaid sending to the said Justices this writ witnesse my self at Westminster 14th day of Novemb In the year c. Garth The name of the Cursiter The said Dedimus potestamus must be endorsed thus By the Commissioners of the great Seal of England at the iâ—stâ—â—ce of the demandant 〈◊〉 formerly it was thus Per Dominum custod magni Sigilli Angliae ad instanc petend The
the lessor die during the Term the leasee shall have have fee. 6 R. 2. Fitz. Quid Juris clamat 20. Against T. in common If a Quid Juris clamat be against two as Tenants in the Common he which appeareth must atturn if he plead not that they are joynt-tenants 16. E. 3. Fitz. Quid Juris 21. After assignment If a particular Tenant grant over his estate after the note levied yet must he atturn 17. E. 3. Fitz. Quid Juris 11. Once atturn If the Tenant atturn once upon the grant of the Cognisors he shall atturn no more 4. E. 3. Fitz. Quid Jur. 45. Joynt-tenant T. in common If a joint-tenant or tenant in Common of a Reversion grant his part by Fine the particular Tenant shall not be compelled to atturn 5. E. 3. Fitz. Quid Jur. 40. T. for life upon condition Upon a Lease for life upon condition that if the Leasee die within twenty years that his Executors Administrators or Assigns shall hold unto the end of twenty years the Lessee shall atturn as Tenant for life with protestation to save his interest 16. E. 3. 20. E. 3. Fitz. Quid Jur. 22. 31. Joynt tenant of a reversion If the reversion of two joynt Tenants for life be granted by Fine supposing the one to be sole Tenant the Tenant is not compellable to atturn 32. E. 3. Fitz. Quid Jur. 5. per Seton Tenant by elegit But Tenant by Statute or elegit seemeth not compellable to atturn because the cognisor cannot compel him to account and he may hold the Lands after his sum satisfied until he have levied his damages 6. E 3. 53. Fitz. Fines 99. E. 3 F. Quid Juris 47. Baron sole Cognisor Nor a Tenant for life where the Husband sole is Cognisor of his Wives land for if he do atturn the Wife surviving her Husband may enter for forfeiture 27. E. 3. A Clerk And a Clerk which hath no lay fee is not compelled to atturn 38. E. 3. 18. Reversion Nor Tenant for life in reversion or remainder 34. H. 6. b. Frank marriage Infant Ideot Nor Tenant in Frank marriage lib. Intr. Quid Juris clamat 10. Nor an Infant 43. E. 3. 1. Nor a Lunatick mad man or Ideot as it seemeth because of their disabilities But atturnment made by such persons as are able but not compellable to atturn is good 12. E. 4 Nat. Br. fo 170. b. With exception And an atturnâ—ent may be with an excepon if the Tenant have a Lease for life without impeachment of wast as he may atturn saving his advantage and it shall be so entred 45. E. 3. 11. 24. E. 3 Covenants Annuity Warranty Acquitall If the Tenant have Covenants to repaire c. 48. E. 3. 32. or have an annuity out of the Land 48. E. 3. 32. or Covenant of warranty or acquitall 41. E. 3. 48. or to fell trees he may atturn saving these advantages Grant Remainder in fee. If A. seised of Lands in fee thereof enfeoff B. to the use of the said A. for life and after to the use of his Executors and Assigns for twenty years after his death And then to the use of C. in fee Quere whether A. shall be compelled to atturn in Quid Juris clamat supposing him Tenant for life only and not mentioning the Term without saving of his Term by protestation Dyer fo 309. pl. 77. 14. El. No view lieth in a Quid Juris clamat 15. E. 4. 28. What Places will barr the Plantiff of Atturnment Seisinin fee. IF the Tenant plead that he is seised in fee the day of the note levied without that that he was then seised for life without shewing how he is so seised 15. E. 4. 28. 1. H. 7. 27. The Cognisor had nothing Or if the Tenant for life plead that before the fine an estranger was seised in fee and released to him in fee without that that the recognisor had any thing in the Lands the day of the note levied 3. H. 4. 3. Non tenure If a particular Tenant plead he holdeth not of the Cognisot the day of the note levied he must shew what estate he claimeth and from whom 3. E. 3. 6. Fitz. Quid Juris clamat 6. 14. E. 3. Fitz. Quid Jur. 9. But if he claim fee he shall not shew how 14. E. 3. 3. Fitz. Fines 7. but traverse that he holdeth for life 1. H. 7. 27. Leasee for eight years upon condition that the Leasor alien within the term he shall have Seisin in fee. Seisin de tali Stat. Qual c. For parcel fee cannot alledge that and say that he claimeth estate according to the Tenor of his Deed but must plead his estate certainly 2. E. 2. Fitz. Quid Jur. 38. If the Tenant confesse for part and plead a plea which may forfeit his estate therein he must atturn by and by 11. H. 4. 57. Cont. 22. E. 3. 18. Fitz. fines 33. Release Release of the Cognisor before the Cognisance to the Heir or his Ancestors in fee is a good barr 44. E. 3. 34. Forfeiture for term of years If a Lessee for years claim for life and fail of it he forfeits his Term 6. R. 2. Fitz. Quid Jur. 20. Plesingtons case WHAT PROCESSE Lie in a Quid Juris clamat Process THe Process in a quid juris clamat is Summons and distress infinite Nat. Imprisonment br 169. a. But if the Tenant appear and plead no good Bar and yet will not atturn he shall be imprisoned 37. H. 6. 14. Disclaimer But if the Tenant disclaim and if it be found against him he shall atturn 4. E. 3. 27. But if the Tenant for life years in Dower by the Curtesie or extent by Plea Claim Fee or Fee-tail and it be found otherwise he doth forfeit his Estate 15. E. 4. 28. Nat. Br. fo 168. b. And the Tenant may atturn by Dedimus Potestatem Att. by dedimus potestatem the form whereof ensueth Oliver c. to his beloved and faithfull I. M. Knight c. whereas our Writ of Covenant hangerh before you and your Associates our Justices of the Bench between R. and P. of 100. Acres c. which I. holdeth for his life of the aforesaid P. to levy thereof a Fine between the aforesaid R. and P. according to the Law and Custome of our Common-wealth of England whereby by our Writ we have commanded our Sheriff of Norfolk that he cause to come before our aforesaid Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Land aforesaid and the aforesaid I. being of himself so impotent that unto the Bench aforesaid at the day to him given without the greatest danger of his body he is not able to travail to acknowledge what right he claimeth to have in the Land aforesaid we tendring the State
his demeasne as of Freehold by the Form of the Testament and last will aforesaid without this that the same I. F. by his last will and Testament aforesaid bequeathed to the aforesaid A. B. c. ut supra as the aforesaid A. B. above alleged And this c. whereof c. And the aforesaid A. B. as before saith c. ut supra in brevi as he before alleged And of this c. The Tenant may atturn for parcell excepting the rest and plead thereunto Attornment for part plea to the rest ANd now at this day here in the Court came as well the aforesaid E. I. by W. W. his Attorney as the aforesaid I. E. in his proper person and hereupon the aforesaid E. I. by his Attorney aforesaid Prayed that the aforesaid I. E. to him thereof may atturn c. And the aforesaid I. E. prayeth hearing of the Writ aforesaid and to him it is read c. he prayeth also hearing of the note of the Fine whereupon the Writ aforesaid issued forth and it is read to him in these words Between R. Plaintiff and P. Deforcient c. rehearsing the whole note which being read and heard the same I. F. as touching the Tenements aforesaid except 10 Acres in D. parcell thereof saith that he is ready to the aforesaid R. thereof to atturn and himself to him in Court here hath attorned of the Tenements aforesaid except the aforesaid 10. Acres of Land and hath acknowledged c. And hath done Fealty c. And as touching the aforesaid 10. Acres of Land in D. the same I. F. saith that he at the time of the levying the note aforesaid was seised of the same 10. Acres of Land with the appurtenances in his demeasne as of Fee without this that he at the aforesaid time of the levying of the note aforesaid the same 10. Acres of Land with the appurtenances held for Term of life only as c. therefore let a Fine thereof be ingrossed Dyer f. 212. p. 35. 4. Eliz. And when the Tenant doth atturn the note of the Fine is to be delivered to the Chirographer And then it must be written upon the back-side of the same note thus The within named A. B. hath atturned himself to the within written C. D. by virtue of this note as it appeareth c. Atturney in quid Juris clamat UPon such a Plea pleaded that the Tenant may forfeit his Estate he may make an Atturney 21 E. 3. 48. Or if the Tenant suggest in Chancery that he will plead so as he forfeit his Estate he may make an Atturney by dedimus potestatem thus Oliver c. To his beloved faithfull F. B. c. Whereas our Writ of Covenant hangeth before you and your Associates our Justices of the Bench between R. P. of a hundred Acres c. which I. holdeth for his life of the aforesaid B. for a Fine thereof between the aforesaid R. and P. according to the Law and custome of our Common-weath of England to be levyed whereby our Sheriff of York by our Writ we have commanded that he should cause to come before our said Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Lands aforesaid and on the behalf of the said I. it is given us to understand that he upon the Fine aforesaid ought not to atturn for that that before the levying of the note of the Fine aforesaid one S. being seised of that Land in his demeasne as of Fee gave it to the aforesaid I. and the heirs of his body And he at the day to him given in the Bench aforesaid that matter to the Writ aforesaid will plead And yet he is so impotent and worn with age that unto the Bench aforesaid at the day to him given without very great danger of his body he is not sufficient to travail to plead that plea we tendring the State of the same I. in this behalf have given you power to receive an Atturney whom before you in his stead he shall will to atturn in this behalf to gain or to lose and therefore we command you that unto the aforesaid I. personally you going you receive an Attorney whom in his stead he shall will to Atturn in this behalf and of the name of the same Atturney to us in our Chancery under your Seal distinctly and openly you certifie returning to us this Writ Witness my self c. The return thereof I Putteth in his place A. B. his Atturney against R. in a Plea in quid juris clamat to gain or lose And as the Tenant may make an Atturney by dedimus potestatem so he may atturn the form whereof followeth Oliver c. To his faithfull I. and M. greeting whereas our Writ of Covenant hangeth before you and your Associates our Justices of the Bench between R and P. of a hundred Acres c. which I holdeth for his life of the aforesaid P. for a Fine between the aforesaid R. and P. according to the Law and custome of our Common-weal of England to be levyed whereby by our Writ we have commanded our Sheriff of Norfolk that he cause to come before our said Justices the aforesaid I. at the day in that Writ contained to acknowledge what right he claimeth to have in the Land aforesaid and the aforesaid I. of himself is so impotent that unto the Bench aforesaid at the day to him given without very great danger of his body he is not sufficient to travail to acknowledge what right he claimeth to have in the Land aforesaid we tendring the state of him the said I. in this behalf have given to you power to receive the knowledgement and to testifie the Atturnment which the aforesaid I. before you shall will to make ye receive And when you have received him and he before you as it is the manner have atturned himself your aforesaid Associates of the cognizance aforesaid distinctly and openly you certifie the aforesaid atturnment testifying that that Fine between the parties aforesaid of the Lands aforesaid before you and your associates aforesaid in the Bench aforesaid may be levied according to the Law and custome aforesaid And have you c. After issue joyned the Tenant may be essoigned thus York ss A. B. against C. D. in a Plea of quid juris clamat in one Messuage c. whereof the Jury by W. C. in 15. dayes of Saint Hillary c. If the issue be found with the Plaintiff the Judgement is in this form Judgement ANd hereupon the premisses being seen and by the Justices more fully understood it is ordered that the aforesaid C. D. for seisin of the Tenements aforesaid with the appurtenances against the aforesaid A. B. by occasion of the claim and Plea aforesaid forefeited to have if he will he may prosecute and also that the Fine aforesaid if he will may be ingrossed and the aforesaid A. B.
levyed in the Court of the Soveraign Lord Charles late King c. at Westminster from the day c. in the year c. before R. B. and his Associates then Justices of the Bench aforesaid between I. G. the younger and W. G. plaintiffs and E. P. and M. his wife deforcients of the aforesaid ten Acres of Land with the appurtenances and of other Lands and Tenements in the same Fine contained by the cognizance of the aforesaid W T. of the Action of the aforesaid W. L. and others and therefore we command you that to the same W. L. and others of the aforesaid ten Acres of Land with the appurtenances without delay plenary seisin you cause to have c. Know you that it is ordered in our Court c. Habere faas seisinam upon a recovery by the defend in a Scire fac out of a Fine That T. B. Cozen and heir of W. brother of P. son of W. and M. his wife have execution against R. R. c. of 40. Acres of wood with the appurtenances in B. by virtue of a Fine in the Court of the Soveraign Lord Charles late King c. at Westminster c. between the aforesaid W. and M. plaintiffs and W. of B. and R. son of W. c. deforcients c. of the tenements aforesaid levied by default of them the said c. And therefore we command you that the same T. B. of the aforesaid tenements with the appurtenances without delay plenary seisin and execution you cause to have witness c. OLiver c. to the Sheriff greeting know Habere facias seisinam upon a recovery by the defendant in a Scire fac out of a fine you that it is ordered in our Court before our Justices at Westm that T. B. Cozen and heir of W. B. have execution against R. D. of the Manor of A. with the appurtenances in your County by virtue of a Fine levyed in the Court of the Soveraign Lord Charles late King of England c. at Westminster from the day c. in the year c. before R. B. and his Associates then Justices of him the said late King of the Granted and recorded Bench and afterwards in eight c. in the yeâ—r c. there granted and recorded between the aforesaid W. plaintiff and A. deforcient of the Manor aforesaid by the default of him the said R. And therefore we command you that to the same T. B. of the Manor aforesaid with the appurtenances without delay plenary seisin and excution you cause to have T. c. Know you that it is ordered in our Court c. Habere facias seisinam upon a recovery by verdict in a Scire facias out of a Fine that R. M. and R. A. Cozen and heir of H. of B. and M. his wife have execution against I. C. c. of two parts of the Manor of Y. with the appurtenances by virtue of a Fine levyed in the Court of the Soveraign Lord Charles late King c. at Westminster in the morrow c. in the year c. before T. W. and his Associates then Justices c. of the Bench between H. B. and M. his wife plaintiffs and B. D. and B. his wife deforcients of the aforesaid Manor with the appurtenances and of the Advowson of the Church of the same Manor as by a certain Jury before our beloved and faithfull I. T. and W. A. two Justices of the Common Bench by the form of our Statute thereof provided the day c. at R. thereof between them taken it was found And therefore we command you that to the same R. and R. of the two parts aforesaid with the appurtenances without delay execution Nisi prius and plenary seisin you cause to have T. c. Of Execution of Fines by Scire facias A Writ of Scire facias upon a Fine lyeth in the same Case that a Writ of Habere facias seisinam doth saving that it is to be sued a year and a day after the Fine is levyed wherby the Sheriff is commanded to warn the terrtenant to appear and shew cause if he can why the Cognisee or his heirs should not have execution at the return whereof if the Tenant appear and shew no cause to the Contrary the plaintiff shall have an Habere facias seisinam ut supra And the form of divers Scire facias in like case ensue OLiver c. to the Sheriff greeting Wheras a certain Fine was levyed in the Court A Scire facias out of a fine for the heirs in taile Attorney in Fine of the Lord Protector at Westminster in eight dayes c. in the â—ear c. before R. H. and his Associates our Justices of the Bench between G. P. and I. his wife plaintiffs by W. F. put in the place of them to gain or lose and S. H. deforcient of the Manor of C. with the appurtenances whereof plea of Covenant was summoned between them in the same Court that is to say that the aforesaid G. hath recognized the Manor aforesaid with the appurtenances to be the right of him the said S. as that which the same S. had by the gift of the aforesaid G. And for that recognizance Fine and Concord the same S. did grant to the aforesaid G. and I. the Render to the husband and wife and to the heirs of the hasâ—and of the body of the wife begotten rendring rent and forreign service aforesaid Manor with the appurtenances and that to them he hath rendred in the same Court To have and to hold to the same G. and I. and the heires which the same G. of the body of her the said I. should had begotten of the aforesaid S. and his heirs for ever yeelding therefore by the year one Rose at the Feast c. for all service grant and action unto the aforesaid S. and his heirs belonging and doing therfore to the chief Lords of that Fee for the foresaid S. and his heirs all other services which unto that Mannor did belong so that if it should happen that the aforesaid G. should die without heir of the body of him the said I. begot then after the decease of them the said G. and I. Remainder in tail the aforesaid Manor with the appurtenances should wholly remain to W. Brother of the same G. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid services as aforesaid for ever And if it should happen that the aforesaid W. should dye without heir of his body begotten then after the decease of him the said W. the aforesaid Manor with the appurtenances should wholly remain to I. Brother of the same W. and the heirs of his body begotten to hold of the aforesaid S. and his heirs by the aforesaid services as aforesaid for ever And if it should happen the aforesaid I. to die without heir of his body begotten then after
after the death of the particular tenant the plaintiff needeth not to shew how Cozen and Heir so long as the Plea hath continuance by idem dies c. given to the tenant nor at his appearance nor untill the plaintiff pray execution And then the * How Cozen and Heir Coment Cozen and Heir is to be entred thus in the Roll only And the aforesaid I. saith that he is Cozen and Heir of I. W. that is to say son and Heir of T. W. of the Brother and Heir of the same I. W. 33 H. 6. 54. 41 Ed. 3. 13. and 24. 8 H. 4. 31. Bastarday In Scire facias by him in the remainder upon an estate tail against A. B. supposing the donee to be dead without issue if A. B. plead that he is issue to the donee and the plaintiff replyeth that he is a bastard it is a good replication 40 E 3. 16. Vpon estate executed Scire facias upon a Fine levyed to T. R. and W. and to the Heirs of the body of R. the remainder to the right Heirs of the said W. T. died and R. died without issue and W. survived and died his Heirs need no Scire facias to execute this Fine because it is executed in his life by the union of the Fee and Franktenement in W. 40 E. 3. 20. And so if a Fine be levyed to a Baron and Feme and to W. and his Heirs and he dieth and then the Baron and feme do dye the Fine is executed for one moiety in the life of W. Fitzh Scire facias 19. 43 E. 3. 9. 24 E. 3. 57. Ayd Tenant for life in Scire facias had aid of him in remainder 41 E. 3. fo 16. 20. 22 E. 3. 12. Death shewed In formedone in reverter or remainder the demandant must mention the death of every one which had estate and survived his Ancestor but not so in a Scire facias surfine 42 E. 3. 19. Severall estates If the plaintiff have severall estates created by one Fine he needeth but one Writ of Scire facias 43 E. 3. 11. though it be of severall things against severall tenants 11 H. 4. 15. 21 E. 3. 14. 24 E. 3. 25. Default If in a Scire fa. the Sheriff return the party summoned and he appear not execution shall be awarded 43 E. 3. 13. Reversion If a Fine sur cognisance de droit come ceo c. be levyed of a reversion by the name of the Land it is not executory 43 E. 3. 15. Seigniory If the services escheat after a Fine levyed of the Seigniory the Cognisee shall have execution of the Land escheated 48 H. 3. 11. Of things out of the Writ A Scire fa. lyeth sometimes of things not comprized in the Writ as if in a Fine sur release the Cognisee render rent in tail 48 E. 3. 8. Execution by entry of him in remainder If Land be given by Fine for life the remainder to Baron and Feme in tail and the Baron dieth and then the Tenant for life dieth and the Feme entreth the Fine is executed so as their issue needeth no Scire facias 49 E. 3 12. Of a reversion Scire fa. lyeth for the donor in tail against any that abated after the death of the donee in tail by Fine without issue 22 E. 3. 12. Upon generall non tenure pleaded the plaintiff Non tenure generall or special Nihil returned may take execution at his perill But speciall non tenure seemeth a good Plea 7 H. 6. 25 A man shall not have excution upon nihil returned because the tenant may be summoned in the Land demanded 24 E. 3. 25. Half blood If a Fine be levyed to husband and wife in tail the remainder to his right Heirs and they having issue the husband dyeth the wise hath issue by another husband and dieth the issue by the first husband entreth and dyeth without issue and his next heir entreth as into the remainder in Fee against whom the issue by the second husband bringeth a Scire fa. and recovereth by reason that the Fee could never execute in possession in the Elder Brother during the State-tail 24 E. 3. 30. and 62. Feoffment Feoffment with warranty from the plaintiffs Ancestor is a good Plea in a Scire fa. upon a Fine 22 H. 6. 39. The Heir shall have his age in Scire fa. Contr. Westm 2. ca. 45. 24 E. 3. 28. and 60. What Fines with Proclamations bar not the issue in Tail NO Fine levyed by tenant in tail barreth his issue maintenant but where the tenant in tail is Cognisor as if tenant in tail bring a Writ of Covenant against an estranger and he recognize the Land to be the right of the tenant in tail as that which he hath of his gift c. and the tenant in tail grant and render the Land to the Cognisor for years yeelding rent c. and die this Fine is void against the issue in tail M. 10. and 11 Eliz. Dyer fo 279. p. 7. 36 H. 8. Br. Fines 118. A Fine with Proclamation levyed by tenant in tail the reversion or remainder being in the King bindeth not the issue in tail as it seemeth Br. Fines 121. But if such Lands were entailed by the King such Fine barreth not the issue in tail 32 H. 8. Cap. 36. If an estranger levy a Fine to tenant in tail sur cognizance de droit come ceo que il ad de son done and he rendreth to him a rent in Fee and dye after Proclamation yet the issue in tail may avoid it for he is remitted and the rent is another thing then the Land 15 E. Plo. fo 435. per Thornton If tenant in tail of an Advowson grant and render by Fine the nomination of the Clerk it is void 15 Eliz. Plo. f. 435. b. per Thornton If tenant in tail of a rent disseife the Tenant of the Land and levy a Fine with Proclamation of the Land the issue in tail is not barred for the rent because rhe Fine was not levyed of the rent but of the Land per Thornton and granted 15 Eliz. Plo. f. 435. b. If tenant in tail grant a rent by Fine his issue may avoid it 15 Eliz. Plo. 436. 14. A. ss p. 4. What time after a Fine levyed and Proclamation made any man hath to enter or claim by action or otherwise and who are thereby barred forthwith and who not Hitherto of the forms and execution of Fines now let us see how they may be avoyded .. TO know what time persons that have cause toenter or claim may enter or clai master a Fine levyed many things are to be weighed for some persons have more time and some less for the discussing of which question we must not only consider the quality of the persons that should claim or enter but also the quality of their rights and estates And the persons be
singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever as by the aforesaid Indenture more fully appeareth and whereas also the same W. afterward by the name of W. C. of I. in the County of N. Esquire otherwise called W. C. of W. in the County of S. Esquire together with his aforesaid Brother C. C. of Lincolnes Inne in the County of M. Gent. by a certain Indenture between the aforesaid W. C. of the one part and the aforesaid E. B. of Lincolnes Inne in the County of M. Gent. of the other part made bearing date the 19. day of October in the year c. also bargained and sold to the aforesaid E. all the Lands Woods and Woodlands and other hereditaments under-written by whatsoever name or whatsoever names they are called reputed or known viz. all those Lands called S. otherwise called Q. otherwise called great Q. and the Brome otherwise S. and the Brome and all other Lands and hereditaments whatsoever containing by estimation 15. Acres whether it be there accounted more or less by whatsoever name or whasoever names the same he called reputed or known now or lately in the tenure or occupation of the same T. B. by the demise of one I. C. of I. aforesaid Esquire then lately dead which said parcels do lie and are in E. in the County of R. And all those Lands now or lately in the tenure or occupation of one P. W. of E. in the aforesaid County of R. lying and being in E. aforesaid by reason of a demise to the same P. made by the aforesaid I. C. containing by estimation five Acres whether it be accounted more or less and also all those Lands now or lately in the tenure or occupation of one I. I. by the demise of the aforesaid I. C. to the same I. I. made containing by estimation 48. Acres whether it be esteemed more or less lying and being in divers severall parcels in E. aforesaid whereof some parcels are called or known by the name of P. otherwise called B. some other parcels thereof are called or known by the name of R. one other parcell thereof is called or known by the name of S. Dame And also all those Woods and Woodlands below specified viz. E. W. containing by estimation two Acres whether more or less it be there esteemed the woodland lying at knowel gate in E. aforesaid containing by estimation one Acre and three rods whether it be more or less there esteemed all which are lying and being in E aforesaid to have and to hold all the aforesaid Lands Woods and Woodlands and all other the premises with all and singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever And whereas also the same W. together with the aforesaid C. his Brother afterwards to wit in the Court of c. here at Westminster in eight dayes of Saint Michael in the year c. in part of fulfilling of the grants and covenant in the aforesaid Indenture specified recognized all the aforesaid Lands Woods and hereditaments with their appurtenances by the name or names of 54. Acres of Land 40. Acres of pasture and 6. Acres of Wood with the appurtenances in E. aforesaid to be the right of the aforesaid E. B. as those which the same E. B. then had of the gift of the aforesaid W. and the aforesaid C. his Brother and those then he remised and quite claimed from himself and his Heirs to the aforesaid E. and his Heirs for ever and the aforesaid W. by the same writing here in Court brought forth then approved ratified and confirmed to the same E. B. in his full and peaceable possession and seisin of the premises being all his right title estate and Interest of and in the premises all which Lands aforesaid pasture woods woodlands and all and singular other the premises with all and singular their appurtenances to the aforesaid E his Heirs and Assignes to the sole and proper use and behoof of him the said E. his Heirs and assignes for ever And hereupon the aforesaid W. C. by that writing did oblige himself and his Heirs to warrant to the same E. his Heirs and assignes for ever all the aforesaid lands woods and woodlands all other the premâ—ses with their appurtenances against all men for ever as by the aforesaid writing here in Court produced more fully it appeareth And the same E. saith that the aforesaid tenements in the Writ aforesaid specified are the same tenements mentioned in the aforesaid writing here in Court produced and no other nor divided and that one H. R. of the tenements aforesaid with the appurtenances in form aforesaid being seised prosecuted against him the said E. B. a certain Writ of the Lord Protector of entry upon disseisin in le quibus of the tenements aforesaid with the appurtenances whereby the same F. hanging that Writ hath often hitherto required the aforesa W. C. that he the tenements with the appurtenances to the same E. would warrant and the same W. the aforesaid tenements with the appurtenances to the same E. hitherto to warrant hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the value of 300 l and thereupon he produceth sute c. And the aforesaid W. C. by T. B. his Atturney commeth and desendeth the force and injury when c. and saith that he cannot deny the action aforesaid of E. aforesaid nor but that the aforesaid writing here in Court produced is the deed of him the said W. C. nor but that he by the same writing hath confirmed to the aforesaid E. the tenements aforesaid with the appurtenances nor but that he the aforesaid W. by that writing is held to warrant the tenements aforesaid with the appurtenances to the same E. in form as the same E. above against him hath declared Therefore it is considered that the aforesaid W. C. do warrant to the aforesaid E. the tenements aforesaid with the apputenances for place and time c. And nothing of mercy of him the said W. because he came the first day by summoners c. Hil. 13. Ro. c. let the like entry be made against C. C. mutatis mutandis F. W. Gent was summoned to answer W. R. of a Plea that he warrant to him eight Messuages of 6. Gardens 3. Orchards 4. Acres of Land 6. Acres of Meadow and 2. Acres of Pasture with the appurtenances in B. and B. which he holdeth and of him claimeth to hold and whereof he hath his Land c. And whereupon the same W. by W. C. his Atturney saith that the aforesaid E. was lately seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised the same F.
the 19. day of S. in the year c. at B. aforesaid by his certain Charter which the same W. R. with the Seal of the aforesaid F. signed here in Court produceth the date whereof is the same day and year gave and granted the tenements aforesaid with the appurtenances to the aforesaid W. R. to have to him and his Heirs for ever and furthermore the aforesaid F. by the Charter aforesaid the tenements aforesaid with the appurtenances to the same W. and his Heirs against all men did warrant as by that Charter more fully it appeareth by virtue of which said gift and grant the same W. was and as yet is seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised one D. D. arraigned against him the said W. an Assise of novel disseisin of the aforesaid tenements with the appurtenances before I. C. one of the Barons of the Exchequer of the Lord Protector and F. R. one of the Serjeants at Law of him the said Protector Justices of the same Lord Protector at the Assizes in the County aforesaid assigned to be taken according to the form of the Statute c. whereby the same W. R. hanging that assise often required the aforesaid F. that he the aforesaid tenements with the appurtenances to the same W. would warrant and the same F. those tenements with the appurtenances to the same W. hitherto to warrant hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the value of a hundred pounds and thereupon he bringeth sute c. OF RECOVERIES FOR Assurances c. IN every recovery are to be regarded the demandant the Tenant of the Land and the vouchee as the efficient causes thereof The Land demanded as the matter which must as certainly be set down in Writs of entry as in Writs of Covenant whereupon Fines are levyed The end and effect of such recoveries is to discontinue and destroy estates tailes remainders and reversions and bar the former owners thereof The demandant is he that bringeth the Writ of entry and may be termed the recoverer The tenant is he against whom the Writ is brought and may be termed the recoveree The vouchee is he whom the tenant voucheth or calleth to warranty for the Land in demand And such persons may be demandants Tenants and vouchees in these recoveries as may be cognizors and cognizees in Writs of Covenant and by such names mutatis mutandis Saving if that any recovery be had against tenant in tail the reversion or remainder being in the Kings of England their progenitors and Successors such recovery will neither bar the issue in tail of his entry nor discontinue his estate nor pluck such reversion or remainder out of them 34 H. 8. ca. 20. Quaere tamen si tiel recovery bar issue in tail during the continuance of the esiate tail Dyer fo 132. pl. 1. Item before such persons by such means and in such manner may warrants of Atturney be acknowledged and certified as fines knowledged in the Country saving that the recognizance of warrants of Atturney may be taken by any Justice or Serjeant without a Writ of Dedimus potestatem And fines must be paid upon Writs of Entry as upon Writs of Covenant And all such Writs of entry must be signed by the Protectors Atturney before they can be Sealed In a Recovery with double voucher the fine must be sued first to make him tenant at the time of the Writ of Entry brought for every Writ of entry must alwayes be brought against him that is tenant of the Freehold of the Land demanded at the time of the Writ brought 18. R. 2. and Dyer fo 252. pl. 98. for that that the estate of the tenant in tail which is vouchee is barred in respect of the Assets only which is or may be recovered in value Pl. Bassets vers Manxell fo 11. a. and of execution sued by the tenant against him And if the tenant have but an estate for life or in dower or by the Curtesie then to have a good recovery thereof it is meet that such tenant make a conditionall surrender of his estate to him in the reversion or remainder to the end he may be a present Tenant of the inheritance and then to bring the Writ of entry against him and after that the recovery is executed the particular tenant for breach of the condition may enter and enjoy his Term notwithstanding such surrender In a recovery with a single voucher are included two Recoveries viz. one at the sute of the demandant against the Tenant and another at the sute of the tenant against the vouchee And if it be with a double voucher there are incuded in it three recoveries one by the demandant against the Tenant one other by the tenant against the vouchee and the third by the first vouchee against the second vouchee And in a recovery with a treble voucher are included 4. recoveries whereof three are such as were last mencioned the fourth is a recovery by the second vouchee against the third and in these recoveries the demandant hath judgement to recover the Land against the tenant and the tenant hath likewise Judgement to recover in value against the vouchee and if it be with a double voucher the first voucher hath also the like Judgement to recover in value against the second and if it be with a treble voucher the second vouchee hath the like Judgement against the third And the record also maketh mention of the execution of the Judgement against the tenant by Entry or a Writ of Habere fac seisinam accordingly And when such Recovery is so executed the uses agreed upon do forthwith arise out of the Lands Tenements c. so recovered according to the mutuall agreement of the parties The scope of a common Recovery with a single voucher is to bar the tenant and his Heirs of such only estate tail which then is in him to bar others of such estates as they have of any reversion expectant or remainder dependant upon the same And of all Leases and incumbrances derived out of such reversions or remainders The scope of a Common Recovery with a double voucher is to bar the first voucher and his Heirs of every such estate as at any time was in the same voucher or any of his Ancestors whose Heir he is of such estate and all other persons of such right to a reversion or remainder as were thereupon at any time expectant or dependant and of all Leases Charges and incumbrances derived out of any such reversion or remainder and that will be also a perpetual bar of such estate whereof the tenant was then seised of in reversion or remainder expectant or dependant upon the same c. The scope of a common recovery with a treble voucher is to make a perpetuall bar of the estates of the tenant and of every such estate of inheritance
his wife whom Iohan W. and I. S. do call to warranty do put in their place R. C. against Io. S. and Tho. P. of a Plea of Land all and singular which things at the request of W. W. Gent. by the tenor of these presents we have drawn to be exemplified In testimony of which thing our Seal unto the Writs in the Bench appointed to be Sealed by these presents we have caused to be put T. F. W. P. and F. R Justices of the Bench aforesaid at Westm the 16. day of June in the year of our Lord 1654. M. The Judges which examined their inrolment M. W. P. R. A pardon of alienation upon Lands by a Writ of Entry recovered OLiver c. to all to whom c. greeting Whereas our welbeloved and faithfull T. Duke of Norfolk Earl Marshall of England and Knight of the Noble Order of the Garter and our beloved and faithfull W. C. Knight our chief Secretary K. Knight lately to to wit in the term c. in the year c. have recovered against our welbeloved and faithfull Counsellor N. B. Knight Lord Keeper of our great Seal of England of his assent and at his request by our Writ of Entry upon disseism in le post according to the course form and use of Common Recoveries the Manor of Redgrave c in our County of Suffolk to divers severall uses intents conditions and purposes specified and declared in certain Indentures made between him the said N. on the one part and the aforesaid Duke W. R c. of the other part bearing date the second day of October in the year c. as by the same Indentures more fully it may appear and whereas also the the same Duke W. R. c. into the Manor Lands Tenements and other the premises with the appurtenances by virtue of the recovery aforesaid have entred our license thereof first not obtained And of the same premises were seised in their demeasne as of Fee to the uses intents and purposes in the aforesaid Indentures specified and declared which said Manors Messuages Lands tenements and other the premises of us are holden in Capite as it is said know ye that we of our speciall grace and of our certain knowledge and meer good will saving to us our homage do pardon remit and release for us our Heirs and Successors the trespasses in that behalf done and all manner of entry and entries into the aforesaid Manors Lands tenements and other the premises or any part or parcel thereof as well at the present day by what way soever made or perpetrated as hereafter by reason of any use in the aforesaid Indenture specified or declared to be made or had And furthermore we have granted and for us our Heirs and Successors as much as in us is by these presents do grant to the aforesaid Duke W. R c. that they the Manors Messuages Lands and tenements aforesaid and other the premises with all and singular their issues rents profits and appurtenances whatsoever except before excepted may have and hold to themselves and their Heirs and Assignes to the uses intents and purposes in the Indentures aforesaid contained and specified of us our Heirs and Successors by the services thereof due and of right accustomed for ever without violence molestation vexation impediment or grief of us our Heirs or Successors or of any our Justices Escheators Sheriffs Bayliffs or any other Officers Ministers or Subjects or of our Heirs or Successors whatsoever In testimony whereof c. And it is to be noted that of all licenses to alien temporall Land in Mortmain the fine to the Protector formerly to the King is five years value of the same Of all licenses to alien spirituall Land as appropriations of Churches or other spirituall Benifices the Fine is four years value thereof Of all licenses of alienation made of Lands holden formerly of the King in Capite Fine is the third part of the value the tenth deducted Of all pardons of alienation by the Kings tenant in Capite the Fine is one years value thereof Of all licenses of Marriage of the Kings widdow the Fine is the third part of the value of her dower by a year Of all pardons of the Kings widdows marryed without license the Fine is the whole value of her dower by the year The Exemplification of a Recovery with double Voucher out of the Prothonatories Office OLiver c. To all to whom these our present Letters shall come greeting Know ye that among the pleas of Land inrolled at Westminster before E. A. Knight and his associates our Justices of the Bench in the term of St. Hillary in the year c. it is contained thus York ss F. W. and R. S. in their proper persons demand against I. R. 12 acres of Meadow with the appurtenances in M. and K. as his right and inheritance and into which the same J. hath not entry but after the diffeisin which H. H. thereof unjustly and without Judgement made to the aforesaid F. R. within 30 years c. And the aforesaid Voucher J. by W. W. his Atturney came And heretofore having called to Warranty T. R. Esquire who now by the Summons to him in the County aforesaid made by T. J. his Atturney The demandant against the first Vouchee The Count. comes and gratis the aforesaid 12 acres of Meadow with the appurt to him doth warrant c. And hereupon the aforesaid Fr. and R. demand against him the said T. Tenant by his warranty the aforesaid 12 acres of Meadow with the appurtenances in form aforesaid c. And whereupon they say that themselves were seised of the aforesaid twelve acres acres of Meadow with the appurtenances in his Demeasne as of fee and right in the time of peace in the time of the now Protector by taking thereof expletion to the value c. And into which c. And thereupon produceth Vouch ouster le defence suit c. And the aforesaid T. Tenant by his Warranty defendeth his right when c. And furthermore called thereof to warranty R. H. who is present here in Court in his proper person And gratis the aforesaid 12 acres of Meadow with the appurtenances to him he warrants c. And hereupon the aforesaid F. and R. S. demandeth against him Demandant against a Vouchee the said R. H. Tenant by his Warranty the aforesaid 12 acres of Meadow with the appurtenances in form aforesaid c. And whereupon they say that themselves were seised of the aforesaid 12 acres of Meadow with the appurtenances The Count in form aforesaid in their demeasne as of Fee and right in the time of peace in the time of the now Lord Protector by taking thereof expletion to the value c. And into which c. And thereupon they produce suit c. And the aforesaid R. H. Tâ—nant by his warranty defendeth his right when c. And saith that the
and I. have granted to the aforesaid E. and I. the aforesaid tenements with the appurtenances And those to them they have rendred in the same Court to have and to hold to the same E. and I. and the heirs of the body of him the said E. by the aforesaid I. lawfully begotten of the chief Lords of that Fee by the services which unto the aforesaid tenements do belong for ever And if it happen that the same E. and I. shall die without heir of the body of him the said E. by the aforesaid I. lawfully begotten then after the decease of them the said E. and I. the aforesaid tenements with the appurtenances shall wholly remain to the heirs of the body of him the said I. lawfully begotten To hold of the chief Lords of that Fee by the services which unto the aforesaid tenements do belong for ever And if no heir of the body of him the said I. shall be lawfully begotten then the aforesaid tenements with the appurtenances shall wholly remain to the right heirs of him the said E. to hold of the chief Lords of the Fee by the services which unto the aforesaid tenements do belong for ever according to the form of the statute The first Proclamation was made the 22. day of November in the Term of Saint Michael tali anno within written The second Proclamation the 24. day of November in the same Term. The third Proclamation the 26. day of November the same Term. The fourth Proclamation the 29. day of November the same Term. The fifth Proclamation was made the 7. day of February in the Term of Saint Hillary in the said year within written The 6. Proclamation the 9. day of Feb. the same Term. The seventh Proclamation the 10. day of February the same Term. The eighth Proclamation the 12. day of February the same Term. The nineth Proclamation was made the 14. day of May in the Term of Easter tali Anno the same Term. The tenth Proclamation the 17. day of May the same Term. The eleventh Proclamation the 23. day of May in the same Term. The 12. Proclamation the 23. day of Maey the same Term. The thirteenth Proclamation was made the 22. day of June in the Term of the holy Trinity in the year within written The fourteenth Proclamation the 25. day of June the same Term. The fifteenth Proclamation the 27. of June the same Term all and singular which at the request of W. W. gent. by the tenor of these presents we have drawn to exemplifie In Testimony of which thing we have by these presents caused our Seal to be put unto the Writs deputed to be sealed in the Bench. T. F. W. W. and F. R. Justices of the Bench aforesaid at Westminster the day c. tali Anno c. W. P. and R. How Fines executory be executed THe execution of a Fine is the obtaining of actuall possession of the things contained in the same by virtue thereof and it is either by entry into the Lands or by Writ By entry into the lands as if upon a Fine sur cognizance de droit que il ad de son done If the Coguisor remain still in possession And the Cognisee by virtue of such Fine enter upon him as he lawfully may without any Writ of habere fac seisin because such Fine is executed 41 E. 3. 14. 14. E. 3. 5. And if a Fine be levied to the husband and wife in speciall taile the remainder to the heirs of the body of the husband and the wife dieth without issue the remainder is executed in posseshon in the husband for the estate taile meeteth with the freehold and drowneth it 7 H. 4. 23. Execution of Fines by Writ EXecution of Fines by Writ is either by habere facias seisinam or by Scire facias A Writ of Habere facias seisinam in this case is a Writ judiciall issuing out of the Record of a Fine Executory directed to the Sheriff of the County where the Land lieth commanding him to give the Cognisee or his heirs seisin of the Land whereof the Fine is levied And this Writ lieth within the year after the Fine or Judgement upon a Scire facias And may be made in these forms O. To the Sheriff c. We command you that without delay you cause to have to B. R. A venire fac in a Scire fac on a Fine upon issue joyned whether the parties were seised at the time of the fine levyed Granted and recorded his seisin of the Messuages with the appurtenances in N. which A. T. in our Court c. hath rendred to the aforesaid B. by a Fine thereof between them made according T. c. Twelve c. of the vicinage c. And who neither to E. nor R. and A. his wife any c. to know whether at the time of the levying of a certain Fine levied in the Court of the Soveraign Lord Charles late King c. at Westminster in the morrow c. in the year c. before R. B. and his Associates then Justices of him the said late King of the Bench. And afterward in the morrow of all Soules c. in the year c. there granted and recorded before the same late Justices and other faithfull of the same late King then there present between T. R. and R. F. plaintiffs and I. B. and I. his wife deforcients of four shillings rent with the appurtenances Fine of rent in S. whereof the aforesaid G. in our Court c. prayeth Execution against the aforesaid R. and A. by virtue of the Fine aforesaid and of other tenements and rents in the same fine contained The aforesaid T. R. and R. and the aforesaid I. B. and I. who were parties to that Fine were seised of the aforesaid four shillings rent with the appurtenances as by the same Fine it is supposed by which the aforesaid E. execution of the aforesaid four shillings rent with the appurtenances against the aforesaid R. and A. by virtue of the Fine aforesaid ought to have as the same E. saith or not but neither the aforesaid T. R. and R. nor the aforesaid I. B. and I. who were parties to the Fine aforesaid at the time of the levying of the same Fine had any thing in the aforesaid four shillings rent with appurtenances nor in the Messuage from whence that rent is supposed to come whereby the aforesaid E. from the execution aforesaid of four shillings rent with the appurtenances against the aforesaid R. and A. by virtue of the Fine aforesaid to be had ought to be barred of as the same R. and A. say because as well c. Habere facias seisinam upon a recovery in a Scire sac out of a fine by confession Know you that it is ordered in our Court that W. L. and others c. have execution against W. T. of ten Acres of Land with the appurtenances in D. by virtue of a Fine thereof