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A78161 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. I. B.; G. T. 1656 (1656) Wing B82; Thomason E1611_1; ESTC R22388 195,053 388

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and the heirs of him the said J. for ever And have granted for themselves and the heirs of him the said A. that twenty acres of land six acres of Meadow c. with the appurtenances in the aforesaid Town of B. parcel of the Tenements and the third part aforesaid which J. A. and F. his Wife hold for term of the life of her the said F. of the heirs of the aforesaid A. the day that this Concord was made And which after the decease of him the said E. unto the aforesaid I. A. and his heirs ought to revert after the decease of him the said A. wholly shall remain to the aforesaid J. E. and E. E. and the heirs of him the said J. for ever Also the said J. W. and A. have granted for themselves and the heirs of the said A. that one Messuage with the appurtenances in the aforesaid Town of B. residue of the Tenements aforesaid which J. A. holdeth for Term of his life of the heirs of the aforesaid A. the day that this Concord was made after the decease of him the said A. shall wholly remain to the aforesaid J. E. and E. and the heirs of him the said E. for ever A Grant and Render of a Reversion of a Moiety York ss COmmand N. G. and E. his Wife W. G. and B. his Wife that they hold to F. A. Covenant of the moiety of the Mannor of H. with the appurtenances c. And the Concord is such to wit that whereas E. A. Widdow late Wife of W. A. deceased hath and holdeth the aforesaid moiety of the Mannor of H. with the appurtenances And the aforesaid moiety of the Tenements and fishing aforesaid with the appurtenances for the term of her life without impeachment of any wast And that after the death of the said E. the aforesaid moiety of the Mannor Tenements and fishing aforesaid shall remain to the Executors of the Testament of the said E. for the term of 16 years then next following after the death of the said E. without impeachment of wast And which after the death of the aforesaid E. A. for the term of the aforesaid 16 years to N. G and E. his Wife and W. G. and B. his wife and the heirs of him the said E. B. should revert The aforesaid W. G. and B. his Wife N. G. and E. his Wife do grant that the said moities of the said Mannors Tenements and fishing with the appurtenances after the death of the aforesaid E. A. and after the aforesaid term of 16 years ended and determined shall wholly remain to the aforesaid F. A. and his heirs To hold of the chief Lords of that fee by the services which unto the aforesaid moieties of the said Mannor Ten. and fishing do belong And those they have remised and quit claimed from the said W. G. and B. his Wife N. G. and E. his Wife and their heirs to the aforesaid F A. and his heirs for ever And furthermore the said W. G. and B. N. G. and E have granted for themselves and the heirs of him the said N. that they will warrant the aforesaid reversion of the moiety of the said Mannor Tenements and Fishing with the appurtenances to the aforesaid F. A. and his heirs against them the said W. G. and B. N. G. and E. and their heirs for ever And for this c. the said F. hath granted to the aforesaid W. G. and B. N. G. and E. the aforesaid reversion of the moiety of the Mannor Tenements and Fishing aforesaid with the appurtenances And those to them he hath rendred in the said Court. To have and to hold the said reversion of the moiety of the Mannor Tenements and fishing aforesaid with the appurtenances to the said W. G. and B. N. G. and E. from the Feast of Philip and James which shall be then next after the end of the said 16 years unto the end and term of 21 years from thence next following and fully to be compleat without impeachmhnt of any wast A Render to the Conusor for one week after to a Stranger for life and to his wife for life if she keep her unmarried the Reversion to another Stranger and his Heirs of his body upon M. his wife begotten the remainder to another and his Heirs York ss COmmand I. W. and E. his wrfe that they hold to W. A. and O. S. Covenant of two Messuages c. in S. And that unless c. And for this c. The said W. and O. have granted to the aforesaid I. the Tenements aforesaid with the appurtenances And those to him they have rendred in the said Court. To have and to hold to the said B. for the term of one week and after that Term ended the aforesaid Tenements with the appurtenances wholly shall remain to B. To have and to hold to the said B. of the chief Lords of that Fee by the services which to the aforesaid Tenements do belong all the life time of the said B. And after the decease of the said B. the aforesaid Tenements with the appurtenances shall wholly remain to I. Wife of the aforesaid B. to hold c. all the life time of the said I. if the said I. shall so long live sole and unmarried And after the decease or spousal of the said I. if either shall be the aforesaid Tenements with the appurtenanes shall wholly remain to E. W. Sonne and Heir apparent of the aforesaid I. and the Heirs of the body of him the said E. upon the body of M. his Wife between them lawfully begotten To hold c. And if it happen that the said E. shall dye without Heir of his body on the body of the aforesaid M. between them lawfully begotten then after the decease of them the said E. and M. the Tenements aforesaid with the appurtenancs shall wholly remain to the aforesaid I. and his Heirs To hold c. for ever A Fine of two Reversions York ss COmmand R. N. and A. his Wife that they hold to G. E. Covenant c. of two Messuages one cottage c. in N. And the Concord is such to wit that the aforesaid R. and A. have recognised the Tenements aforesaid with the appurtenances to be the right of the said G. and have granted for themselves and the heirs of the said R. that the aforesaid Cottage twenty acres of Land ten acres of Meadow c. Parcell of the Tenements aforesaid with the appurtenances in N. aforesaid which W. B. and A. his Wife do hold for term of the life of her the said A. of the Inheritance of the aforesaid R. the day that this Concord was made and which after the decease of her the said A. unto the aforesaid R. and his heirs ought to revert wholly after the decease of her the said A. unto the aforesaid G. and his heirs shall remain to hold c. Also the aforesaid R. and A. have granted that the aforesaid 2 Messuages c.
bar 4 Serjeants   13 4 To the Criers   1 0 To the Box   1 0 To the Warden of the Fleet   0 6 For the Common Vouchee   0 4 For the Attorney Generals hand to the Writ   10 6 For making the Remembrance when the Recovery is drawn at the bar   2 0 For the return of the writ of Entry   0 4 For return of the writ of Seisin   2 0 To the Prothonotary for entry of the Recovery   14 6 To the Clerk for exemplifying thereof and making the writ of Seisin   7 6 For sealing the Exempl●fication writs of Seisin   2 9 For filing the writs of Entry and Seisin   2 0 For the Fee of the Demandant Tenant and Vouchee in the Recovery   10 0 Charges of a Recovery by summons upon a warrant of Attorney For drawing your Precipe and the warrant of Atturney 0 3 4 For entry of the Summons 0 6 6 For making the writ of Summons the Seal 0 2 7 To the Clerk for drawing the Summons and the entry in Parchment 0 2 6 For filing every warrant of Atturnment 0 0 8 For return of the writ of summons 0 2 0 For the filing of it 0 1 0 Note that every single Voucher hath 3 Serjeants a double Voucher 4 Serjeants and a treble Voucher hath 5 Serjeants and so further The Prothonotary hath as you see for his Entry for every Summons 0 6 6 For every single Voucher 0 10 6 For every double Voucher 0 14 6 For every treble Voucher 0 18 6 For every Dedimus Mittimus 0 4 0 The Charges of a Recovery under the great Seal of England For the Certiorari 0 13 4 For the allowance thereof 1 9 6 To the Clerk for his pains 0 6 8 For the Exemplification of every Skin 1 6 8 For the Seal 1 0 6 THE TABLE THe Definition of a Fine pag. 1. Who may be Cognisors in Fines and who not 7. What persons may be Cognisees in fines 9. Of what things fines may be levied and what not 10. By what names things may pass in fines 12. The order form of placing things in fines 14. The place wherein the Lands lie 16. Of the forms of Concords 17. Observations at the knowledge of fines how to acknowledge a fine before the Lord chief Justice 18 The charge of the said fine 21. Observations at the knowledge of a fine by a special Ded●mus Potestatem 22 The charges thereof 25. How to acknowledge c. by Ded. Potest 25. Charges of a fine knowledged by Ded. Potestat before a Judge and exemplified 26. The charges thereof 27. How to acknowledge a fine at the bar in Court 28. The charges thereof 29. A Writ of Co●enant of Common 23 Of Land and Sheep walk ibid. Of wood and foldage ibid. Of wood 33. Of a Parsonage impropriate and of the moyety of Tithes ibid. Of a Mannor of rent and of free folding for sheep ibid. Of a writ of Covenant of 3 parts of 4 Messuages 4 Cottages c. 34. A writ of Covenant of Tithes ibid. A writ of Covenant of the Scite of a Monastery ibid. A writ of Covenant of divers things 35. A wrir of Covenant of Dismes and Tithes 36. A Release by fine by one to two 37. A fine sur cognisance de droit by the Husband and Wife to two ibid. A fine by Baron and Feme and another 38. A fine of a parcel in reversion by a coparcener 39 A fine by an Earl Husband and Wife to an Archbishop and another 40. A Concord from two to two with special warranty 41. A fine upon a recognisance of right as that which he hath of his right with release and warranty by Husband Wife to a third person with a general warranty 42. A Concord of many things together sur cognisance de droit come ceo c. 43 A fine of a rent 47. A fine of part of a rent by Husband Wife 48. A Praecipe with an exception and saving some parcels ibid. A Concord with a render for life to the Husband and Wife being the Conusors of parcel of Mannors and Lands contained in the writ of Covenant the remainder to the first second begotten sons of the Cognisors in tail and to the heirs males for default c. then to the Cognisors in general tail for default c. then to the right heirs of the Cognisors for ever with render and grant of 10 Messuages c. residue of the same Mannor c. to the said Cognisors 49 A fine of homage rent and services 51. A fine of a Mannor and Knights Fees and services by the Husband and Wife others 52. An old fine in Frank almoigne before Justices in Eyre in Anno 55. H. 3. 53 A Concord of Lands in the County Palatine of Lancaster 54 A Lease for reserving a Rent 55. A Lease for years rendring rent 55. A Lease for years by fine by one his wife 57. A Lease by Tenant for life for 21 years if shee lives so long 58. A Lease to the wife for 21 years to commence after her Husbands decease reserving a rent the Cognisees grant back the same reversion and rent 60. A fine of a remainder for years 62. A Lease in Reversion paying rent 63. A Lease to divers for 90 years for their lives with rent and herriots reserved c. 64. A Lease reserving a rent of 20l. with a Nomine poene and a distress 66. A fine upon Grant and render to one for term of life without impeachment of wast for 16 years after her death then the one moyety to one in fee the other to another 68 A render for life the reversion to one and his heirs males the remainder to another and his heirs 69. A Lease for life the remainder for life to the wife in the name of her Joynture with the remainder in tail bid A fine where the Husband buyeth lands and granteth them again to the Cognisors for his Wifes life 70 A Concord of divers Tenements Rent of a Rectory and Advowson c. 71 A fine of the fourth part of two Messuages the one by a Coparcener of his part c. to two strangers 72 A fine of Lands part in possession and part in reversion of a third part for term of the life of the Tenant in Dower and for term of the life of another Tenant for term of life 74 A Grant and Render of a reversion of a moyety 76 A Render to the Cognisor for one week after to a stranger for life and to his Wife for life if she keep her unmarried the reversion to another stranger and his heirs of his body upon M. his Wife begotten the remainder to another and his heirs 78 A Fine of two Reversions 79 A Grant to the Cognisee and his Wife and the heirs of their two bodies with Warranty 80 A Grant with a Render back again for
Emoluments and of all other tithes whatsoever coming growing and renewing in W. aforesaid And unlesse c. COmmand T. B. and A. his Wife that they ●old Covenant to C. W. Esquire c. of the Rectorie of L. and of the Advowson of the Vicaridge of L. and of 10 Messuages 10 Cottages 10 Barns 10 Gardens c. with the appurtenances in L. aforesaid And unlesse c. COmmand c. that justly c. of 10 Messuages c. in W. also of the Rectory of the Church of G. and of the tithes of Grain Hay Wool Lambs and all other tithes whatsoever in G. aforesaid and also of the Advowson of the Vicaridge of the Church of G. ●foresaid with the appurtenances And un●esse c. A Release by Fine by one to two Surr. ss COmmand W. W. that justly c. he hold to L. and A. P. Covenant c. of six Messuages c. with the appurtenances in C. W. and E. c. And unlesse c. And the Concord is such to wit that the aforesaid W. hath recognised the aforesaid Tenements with the appurtenances to be the right of the said I. as those which the same I. and A. have by the gift of the aforesaid W. And those he hath remised and quite claimed from himself and his heirs to the aforesaid I. and A. and their heirs for ever And furthermore the same W. hath granted for himself and his heirs that he will warrant to the aforesaid I. and A. and the heirs of him the aforesaid I. the aforesaid Tenements with the appurtenances against the aforesaid W. and his heirs for ever And for this c. A Fine upon Cognisance de droit by the Husband and Wife to two Surr. ss COmmand I. T. and A. his Wife that justly c. they hold to W. R. and R. D. Covenant c. of 4 Messuages 4 Tofts 40 acres of land 20 acres of Meadow 120 acres of Pasture and five shillings and four pence rent with the appurtenances in S. And unlesse c. And the Concord is such to wit that the aforesaid I. and A. have recognised the aforesaid Tenement with the appurtenances to be the right of him the said W. as those which the said W. and R. have by the gift of the aforesaid I. and A. And those they have remised and quite claimed from the said J. and A. and the heirs of him the said I. to the aforesaid W. and R. and the heirs of him the said W. for ever And furthermore the same I. A. have granted for themselves the heirs of him the said A. that they will warrant to the aforesaid W. and R. and the heirs of him the said W. the aforesaid Tenement with the appurtenances against the aforesaid I. and A. and the heirs of him the said I. for ever And for this Recognisance remise quite claim Warranty Fine and Concord the same W. and R. have given to the aforesaid I. and A. two hundred and forty pounds sterling A Fine by Baron and Feme and another Linc. ss COmmand R. B. Gentleman and T. R. and M. his Wife that they hold to T. B. Gent. Covenant c. of 30 acres of land 2 acres of Meadow 3 acres of Pasture and 6 acres of wood with the appurtenances in C. And unlesse c. And the Concord is such to wit that the aforesaid R. T. and M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said T. B. as those which the same T. hath by the gift of the aforesaid R. T. M. those they have remised and quite claimed from them the said R. T. and M. and the heirs of him the said R. to the aforesaid T. B. and his heirs for ever And furthermore the same R. T. and M. have granted for themselves and the heirs of him the said R. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid T. B. and his heirs against the aforesaid R. T. and M. and the heirs of him the said R. for ever And for this c. A Fine of a parcel in reversion by a Coparcenar Surr. ss COmmand T. W. and K. his Wife that justly c. they hold to G. S. the Covenant between them made of the third part of 8 Messuages 7 Gardens 40 acres of land 10 acres of Meadow 20 acres of Pasture 50 acres of Wood with the appurtenances in A. B. C. and D. And the Concord is such to wit that the aforesaid T. and K. have recognized the third part aforesaid with the appurtenances to be the right of the aforesaid G. and have granted rhat the same third part with the appurtenances which M. B. Widdow holdeth for Term of her life of the inheritance of the said K. the day that this Concord was made and which after the death of the same M. unto them the said T. and K. ought to revert shall remain to the foresaid G. and his heirs for ever to hold c. Moreover the same T. and K. have granted for themselves and the heirs of him the said K. that they will warrant to the aforesaid G. and his heirs the third part aforesaid with the appurtenances as aforesaid against themselves and the heirs of him the said R. for ever And for this c. A Fine by an Earl Husband and Wife to an Arch bishop and one other Midd. ss COmmand I. L. Knight Lord L. and I. his wife that justly and without delay they hold to the reverend father in Christ T. Y. by the Divine permission Archbishop of York Primate of England and G. E. the Covenant between them made of the Mannors of R. and M. with the appurtenances and of 50 Messuages 500 Tosts 200 Cottages 6 Mills 500 Barns 500 Gardens 5000 acres of land 1000 acres of Meadow 6000 acres of Pasture 1000 acres of Wood 10000 acres of Furres and Heath and of five hundred pounds rent with the appurtenances in R. C. A. or else S. T. V. W. and E. and of the Advowson of the Church of E. aforesaid And of the view of Frank pledge of K. C. and A. aforesaid And unlesse c. And the Concord is such to wit that the aforesaid I. L. Knight Lord L. and I. his Wife have recognised the Mannors Tenements Rents Advowson and view of Frank pledge aforesaid with the appurtenances to be right of him the said T. Y. Arch bishop of York as those which the same T. Y. Arch bishop and G. and L. have by the gift of the aforesaid I. L. and I his Wife and those they have remised to T. Y. Arch bishop and G. L. the heirs of him the said T. Y. Arch bishop for ever And moreover the same I. L. I. his Wife have granted for themselves and the heirs of him the said L. that they will warrant the Mannors Tenements Rents Advowson and view of Frank pledge aforesaid with the appurtenances to the
rent with the appurtenances in C. N. and B. And unlesse c. And the Concord is such to wit that the aforesaid T. C. W. R. T. P. and L. have recognised the Mannors Tenements and rents aforesaid with the appurtenances to be the right of him the said I. And those they have remised and quit claimed from themselves and their heirs to the aforesaid J. and the heirs of him the said J. for ever And for this c. the same I. and E. have granted to the aforesaid T. C. W. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances and those to them they rendred in the same Court. To have to hold to the same T. C. W. R. T. P. and L. all the life time of her the said E. And the aforesaid I. and his heirs will warrant to the aforesaid T. C. VV. R. T. P. and L. the aforesaid Mannors Tenements and Rent with the appurtenances as it is said against all men during the life of her the aforesaid E. c. A Concord of divers Tenements Rents of a Rectory and Advowson c. THis is the final Concord made in the Court of the Lord Protector at W. from the day of Easter in 15 days in the year c. before E. A. T. M. F. W. W. P. Justices and other faithfull men then there present between I. B. Gent. and R. Gent. Plaintiffs and R. C. the elder Gent. and R. C. of Grays Inn in the County of Middlesex Gent. Deforcients of 100 Messuages 100 Cottages 2000 acres of Land 1000 acres of Meadow 2000 acres of Pasture 100 acres of Wood 1000 acres of Furrs and Heath and 100 shillings rent with the appurtenances in c also of the Rectory of K. with the appurtenances and of the Advowson of the Church of K. whereof Plea of Covenant was summoned between them in the same Court to wit that the aforesaid R. and R. have recognised the aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid to be the right of him the said J. as those which the same J. and R. have by the gift of the aforesaid R and R. And those they have remised and quit claimed from them the said R. and R. and their heirs to the aforesaid I. and R. and the heirs of him the said J. for ever And furthermore the said R. and R. have granted for themselves and the heirs of him the said R. C. the elder that they will warrant to the aforesaid J. and R. and the heirs of him the said J. The aforesaid Tenements Rent and Rectory with the appurtenances and the Advowson aforesaid against the aforesaid R. and R. and the heirs of him the said R. C. the elder for ever And for this Recognisance remise quite claim Warranty Fine and Concord the said J. and R. have given to the aforesaid R. and R. two thousand pounds sterling A Fine of the fourth part of two Messuages the one by a Coparcenor of his part c. to two strangers THis is the finall Concord made in the Court c. between G. I. and W. W. Plantiffs and I. C. and I. his wife Deforcients of the fourth part of 2 Messuages 4 Tofts 2 Gardens 2 Orchards 200 hundred acres of Land 20 acres of Meadow 40 acres of Pasture 12 acres of Wood and 100 acres of Moor with the appurtenances in G. and L. in four parts divided whereof plea of Covenant was summoned between them in the same Court to wit that the aforesaid T. and I. have regcognised the aforesaid fourth part with the appurtenances to be the right of him the said G. as that which the said G. and W. have by the gift of the aforesaid I. and I. And that they have remised and quit claimed from them the said I. and I. and the Heirs of the said I. to the aforesaid G. and W. and the Heirs of him the said G. for ever And furthermore the said Jo. and Ja. have granted for themselves and the heirs of her the said Ja. that they will warrant to the aforesaid G. and W. and the Heirs of him the said G. the aforesaid fourth part with the appurtenances And that to them they have rendred in the same Court. To have and to hold to the same I. and I. of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong during the lives of them the said I. and I. the life of the longer liver of either of them without impeachment of any wast And after the decease of them the said I. and I. the aforesaid fourth part with the appurtenances shall wholly remain to B. C. Son of the aforesaid I. and I. and the heirs of the body of the said B. lawfully begotten To hold of the chief Lords of that Fee c. for ever And if it happen that the said B. shall die without heir of his body lawfully begotten then after the decease of him the said B. the aforesaid fourth part with the appurtenances shall wholly remain to P. C. another Son of the said I. I. the heirs of his body c. to hold of the chief c. for ever And if it happen that the said P. shall die c. then after the decease of him the said P. the aforesaid fourth part shall wholly remain to R. C. another Son of the aforesaid I. and I. and the heirs of his body c. To hold of the chief c. for ever And if it happen that the said R. shall die c. then after the decease of the said R. the aforesaid 4th part with the appurtenances shall wholly remain to the right heirs of the aforesaid J. To hold of the chief Lords of that Fee by the services which unto the aforesaid fourth part do belong for ever A Fine of lands part in possession and part in reversion of a third part for term of the life of the Tennant in Dower and for Term of the life of another Tenant for Term of life York ss COmmand J. W. and A. his Wife that justly c. they hold to I. L. and E. E. Covenant of one Messuage c. also of the third part in three parts to be divided of 4 Messuages with the appurtenances c. And the Concord is such to wit that the aforesaid I and A. have recognised the Tenements aforesaid and the third part aforesaid with the appurtenances to be the right of him the said J. of which the said J. E. and E. E. have one Messuage with the appurtenances in the aforesaid Towns of T. and B parcel of the Tenements aforesaid and the aforesaid third part of four Messuages c. with the appurtenances in T. and B. parcel of the Tenements aforesaid by the gift of the aforesaid I. and A. And that they have remised and quit claimed from them the said I. and A. and their heirs to the aforesaid J. E. and E. E.
this c. A Fine acknowledged by I. F. Knight and M. his Wife and R. H. of 2 Messuages 1 Garden 1 Orchard and of Land Meadow and Pasture to T. B. and I. K. with warranty against all men And the Conusees by the said Fine Grant and Render to the said R. one of the Conusors in the Fine 6 acres of Land c. parcel of the Premises for one month to come next and afterwards the same to remain to one I. now the Wife of R. N. and R. N. Son of the said R. and I. during their lives the longer liver of them and after their deceases the said 6 acres of Land to remain to I. N. Daughter of the said R. and I. his Wife during her life reserving a Rent with clause of Distresse for non-payment thereof and the residue of the Premises viz. The two Messuages one Garden one Orchard c. the said Conuses grant and render to R. H. for one month and afterwards to one R. N. and I. his Wife To have and to hold to the said R. I. during their lives and the longest liver of them reserving also thereupon a Rent with a clause of Distress for non payment thereof And lastly the said Conusees do grant and render the reversion of the whole Premises and the several rents reserved upon the said Grants and Renders unto the said I. F. and M. his Wife two of the said Conusors and to the Heirs of the said I. F. for ever COmmand I. F. Knight and M. his wife and R. H. that justly c. they hold to T. P. and I. K. c. of 2 Messuages one Garden one Orchard 21 acres of Land nine acres of Meadow and 58 acres of Pasture with the appurtenances in M. And unless c. Warranty And the Concord is such to wit that the aforesaid I. M. and R. have recognised the Tenements aforesaid with the appurtenances to be the right of the said T. as those which the said T. and I. have by the gift of the aforesaid M. and R. And those they have remised and quite claimed from them the said I. M. and R. and their Heirs to the aforesaid T. and I. and the Heirs of the said T. for ever And moreover the said I. F. M. and R. have granted for themselves and the Heirs of the said I. that they will warant the Tenements aforesaid with the appurtenances to the aforesaid T. and I. and the Heirs of him the said T. against all men for ever and for this c. The said T. and I. have granted to the aforesaid R. six acres of Land 6 acres of Meadow and 46 acres of Pasture of the Tenements The Render of the parcel of the Premises aforesaid with the appurtenances and those to him they have rendred in the said Court. To have and to hold to the said R. for term of one month henceforth next to come And after that term ended the said 6 acres of Land 3 acres of Meadow 46 acres of Pasture with the appurtenances shall wholly remain to one I. the now Wife of one R. N. and to one R. N. Sonne of them the said R. N. To have and to hold to the aforesaid I. and R. during the life of them the said I. and R. and of the longer liver of either of them and after the decease of the said I. and R. the said 6 acres of Land 3 acres of Meadow and 46 acres of Pasture with the appurtenances shall wholly remain to I. N. Daughter of the aforesaid R. and I. his Wife The Rent To have and to hold to the said I. the Daughter all the life time of the said I. the Daughter yielding therefore yearly to the aforesaid T. and I. and their Heirs 108 s. 10 d. at the Feasts c. by equall portions yearly to be paid A clause of Distresse And if it happen the aforesaid annuall rent of CVIII shillings X pence or any parcell thereof to be in arrear and unpaid in part or in all after any Feast of the Feasts aforesaid wherein or in which as aforesaid it ought to be paid that then it shall be lawfull for the aforesaid T. and I. their Heirs and assigns as well during the naturall life of the aforesaid I. and R. N. now Wife of the aforesaid R. and of the longer liver of either of them as during the life of the aforesaid I. the Daughter into the aforesaid 6 acres of Land c. with the appurtenances and into every parcel thereof to enter and to distrain and the distresses so there taken it may be lawfull from them to lead and drive away and in their custody to retein untill of the aforesaid annuall rent of 108 s. 10 d. and of every parcel thereof together with the arrears thereof if any shall be they shall be fully satisfied and paid And furthermore the said T. and I. have granted to the aforesaid R. H. The render of the resi●ue two Messuages one Orchard one Garden sixteen acres of Land 3 acres of Meadow and 12 acres of Pasture with the appurtenances being the residue of the Tenements aforesaid And those to him they have rendred in the said Court To have and to hold to the said R. for the term of one month and after that term ended the said 2 Messuages 1 Garden 1 Orchard sixteen acres of Land three acres of Meadow and twelve acres of Pasture being the residue shall wholly remain to one R. N. and I. his Wife To have and to hold to the said R. N. and I. during the life of the said R. N. and I. and of the longer liver of Rent for the Residue them yielding therefore yearly to the aforesaid T. and I. and the Heirs of them 13 s. of lawfull money of England at the Feasts aforesaid by equal portions yearly to be paid And if it happen the aforesaid yearly rent of 13 s. A clause of Distresse or any parcel thereof to be behind and unpaid in part or in all after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid T. and I. into the aforesaid two Messuages one Garden one Orchard 16 acres of Land 3 acres of Meadow and 12 acres of Pasture● being the residue with the appurtenances and every parcell thereof to enter and distrain and the distresses so there taken it may be lawfull from thence to lead drive The render of the reversion of all the premises and all the Rents reserved away and in their custody to retein untill of the aforesaid Rent of 13 s. together with the arrerages thereof if any shall be they shall be fully sat●fied and paid Also the aforesaid T. and I. K. have granted to the aforesaid I. F. and M. the reversion of all and singular the Tenements aforesaid with the appurtenances and all the rents aforesaid thereupon reserved And those to them they have rendred
by equal portions yearly to be paid the first payment thereof beginning at the Feast of St. Michael the Archangel which shall be in the year of our Lord 1651. Clause of Distresse And if it happen that the aforesaid rent of 27 l. 6 s. to be in arrear in part o● in all after any Feast of the Feasts aforesaid in which as aforesaid it ought to be paid That then it shall be lawfull for the aforesaid R and his Heits into the aforesaid Mannor and Tenements with the appurtenances to enter and to Distrain and the Distresses so thereupon taken and had to lead bear and drive away and in his custody to retain until of the aforesaid Rent of 27. l. 6. s. with the arrerages thereof if any shall be he shall be fully satisfied and paid Also the said The grant of the Reversion the rent to the Husband and the wife being the Conusees to the heirs of the Husband R. hath granted to the aforesaid I. and B. the reversion of the Mannors and Tenements aforesaid with the appurtenances and the aforesaid Rent above expressed and reserved and those to them he hath rendred c. To have and to hold to the said I. and B. and the heirs of him the said I. of the Chief Lords of that Fee by the services c. A Fine knowledged by the Husband and wife to one I. L. Esquire of 2 Mannors c. with warranty in consideration the Conusee granteth a rent to the Husband and his wife and to the heirs of the Husband COmmand R. P. and I. his Wife that they hold to I. L. the Covenant c. of the Mannors of A. and W. with the appurtenances and of 4 Messages 6 Cottages 1 Dove-house 200 acres of land 40 acres of Meadow 300 acres of pasture 20 acres of wood 20 acres of furres and heath with the appurtenances in W. and W. And unlesse c. And the Concord is such to wit that the A rent granted by the Conusee aforesaid R. P. and I. his wife have recognised the Mannors and Tenements aforesaid with the appurtenances to be the right of him the said I. as those which the said I. hath by the gift of the aforesaid R. P. and I. his wife And those they have remised c. And furthermore c. And for this c. the same I. L. hath granted to the aforesaid R. and I. his wife and the heirs of the aforesaid I. the annual rent of 30 l. to be paid at two accustomed VVhen the rent shall begin to be payable Terms of the year that is to say at the Feast of St. Michael the Archangel and of the Annunciation of the blessed Virgin Mary by equal portions the first payment thereof beginning at the Feast of St. Michael the Archangel or of the Annunciation of the blessed Virgin Mary which shall next happen after the death of the aforesaid L. and C. being his now wife or any other which afterwards shall A clause of distr for the rent after it hath been lawfully d●manded happen to be his wife And if it happen the aforesaid yearly rent of 30 l. to be behind and unpaid in part or in all by the space of c. after any Feast of the Feasts aforesaid wherein as aforesaid it ought to be paid if it be lawfully demanded that then c. A Fine knowledged by the Husband and the wife to H. C. of the third part of a rent issuing out of a Mannor with a warranty against all men COmmand R. and I. his wife that justly c. they hold to H. C. the Covenant c. of the third part of 5 l. 6 s. 8 d. rent with the appurtenances issuing out of the Mannor of K. And unlesse c. VVarranty And the Concord is such to wit that the aforesaid R. and I. have recognised the third part of the rent aforesaid with the appurtenances to be the right of him the said H. as those which the same H. hath by the gift of the aforesaid R. and I. And those they have remised and quite-claimed from themselves and the heirs of him the said I. to the aforesaid H. and his heirs for ever And furthermore the same R. and I. have granted for themselves and the heirs of him the said I. that they will warrant to the aforesaid H. and his heirs the aforesaid third part of the rent with the appurtenances against all men for ever And for this c. A Fine knowledged by the Husband and his wife to one T. H. of the third part of 34 acres of Meadow by these words viz. concesserunt reddiderunt c. during the wives life with warranty also during her life COmmand H. P. and M. his wife that they hold to T. H. the Covenant c. of the third part of 34 acres of Meadow 44 acres of Pasture and 6 acres of wood with the appurtenances in S. And unlesse c. A fine upon release of dower by the husband and wise The estate The wa And the Concord is such to wit that the aforesaid H. and M. have granted and rendred the tenements aforesaid with the appurtenances to the aforesaid T. and his heirs during the life of her the said M. And the aforesaid H. and M. will warrant the tenements aforesaid with the appurtenances to the aforesaid T. and his heirs during all the life of her the said M. And for this c. A Fine knowledged by V. K. knight to I S. knight E. G. the Queens Atturney general and others of two Manners 70 Messuages and Cottages c. which the Lady V widdow hath for her life of the inheritance of the Conusor the day of the Concord made and ofter her death is to revert to the Conusor the which by this sine after the death of the said Lady V. is wholly to remain to all the Conusees in the fine and to the heirs of the said I. S. knight the first of the Conusees in the laid fine with warranty against all men A Fine of the reversion after Tenant in Dower COmmand V. K. Knight that he hold to I. S. knight E. G. our Atturney general R. W. Esq and W. R. Gent. the Covenants c. of the Mannors of H. otherwise of the Prior H. and M. otherwise Prior M. of 70 Messuages and Cottages The widdows estate in the Conusors inheritance And the Concord is such to wit that the aforesaid V. hath recognised the Mannors Tenements and rent aforesaid with the appurtenances to be the right of him the said S. And hath granted for himself and his heirs that the Mannors Tenements and Rent aforesaid with the appurtenances which Dame V. K. widdow holdeth for term of her life of the inheritance of the aforesaid V. the day that this Concord was made And that after the decease of the same Dame V. unto the aforesaid V. and his heirs ought to revert which after the
decease of him the said I. S. to dame V. shall wholly remain to the aforesaid J. E. R. and W. and the heirs of him the said I. S. for ever And furthermore the said W. hath granted for himself and his heirs that he will warrant The reversion granted to the said Conusees and to the heirs of one of them the Mannors Tenements and rent aforesaid with the appurtenances to the aforesaid I. E. R. and W. and the heirs of him the said I. S. against all men for ever And for this recognisance c. A Fine knowledged by a Widdow and another to the President and Scholars of Saint Johns Colledge in Oxon of the Scite and principal house of the Colledge commonly called the White Friers in the suburbs of Oxon and 6 Messuages 6 Gardens 6 Orchards c. also in the same Suburbs with warranty A Fine sur cognisance de droit COmmand I. P. Widdow and E. P. Gent. that justly c. they hold to W. E. President of the Colledge of St. John the Baptist in the University of Oxford and the Scholars of the same Colledge the Covenant of the Scite and principal house of the Colledge commonly called The white Friers in the Suburbs of the City of Oxford with the appurtenances and of 6 Messuages 6 Gardens 6 Orchards 20 acres of Land 20 acres of Meadow and 6 acres of pasture with the appurtenances in the Suburbs of the City aforesaid And unlesse c. And the Concord is such to wit that the aforesaid I. and E. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said President and Scholars as those which the same President and Scholars have by the gift of the aforesaid I. and E. And those they have remised and quite claimed from themselves and the heirs of him the said E. to the aforesaid President Scholars and their Successors for ever And moreover the same I. and E. have granted for themselves and their heirs that they will warrant to the aforesaid President and Scholars warranty and their Successors the tenements aforesaid with the appurtenances against the aforesaid I. and E. and the heirs of him the said E. for ever And for this c. A Fine by two and the Wife of one of them of Lands Meadow and Pasture with warranty against the conusors and the heirs of the Husband A Fine sur cognisance de droit COmmand R. B. Gent. T. R. and M. his Wife that they hold to T. B. Gent. the Covenant c. of 30 acres of Land 2 acres of meadow 3 acres of pasture and 6 acres of wood with the appurtenances in C. And unlesse c. The warranty And the Concord is such to wit that the aforesaid R. T. M. have recognised the Tenements aforesaid with the appurtenances to be the right of him the said T. B. as those which the same T. hath by the gift of the aforesaid R. T. and M. And those they have remised and quite claimed from them the said R. T. and M. the Heirs of him the said R. to the aforesaid T. B. and his Heirs for ever And furthermore the same R. T. and M. have granted for themselves and the Heirs of him the said R. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid T. B. and his heirs against the aforesaid R. T. and M. and the heirs of him the said R. for ever And for this c. A Fine knowledged by T. N. Knight to G. T. Esquire of one Mannor one Messuage c. with warranty against all men A Fine sur cognisance de droit COmmand T. N. Knight that justly c. he hold to G. T. Esquire the Covenant c. of the Mannor of T. with the appurtenances and of one Messuage ten acres of Meadow fifty acres of Pasture and thirty acres of wood with the appurtenances in T. and G. And unlesse c. The warranty And the Concord is such to wit that the aforesaid T. N. hath recognised the Mannor and Tenements with the appurtenances to be the right of him the said G. as those which the same G hath by the gift of the aforesaid T. and those he hath remised and quite claimed from himself and his heirs to the aforesaid G. and his Heirs for ever And furthermore the same T. hath granted for himself and his Heirs that they will warrant the Mannor and Tenements aforesaid with the appurtenances against all men for ever And for this c. A Fine knowledged by T. VV. and K. his wife to G. S. of the third part of 8 Messuages 6 Gardens c. the which one M. B. Widdow holdeth for term of her life and which is of the inheritance of the Conusors wife the day of the Concord made and which ought after the death of the said widdow to revert unto the Conusor and his wife as in the right of his wife and by this fine after the death of the said widdow being tenant for life is to come and remain to the said Conusee and his heirs for ever with warranty against all men COmmand T. W. and K. his wife that justly c. they hold to G. S. the Covenant between them made of the third part of 8 Messuages 6 Gardens 6 acres of land 10 acres of meadow 20 acres of pasture 50 acres of wood with the appurtenances in A. B. c. C. c. A fine of a reversion after the death of Tenant in Dower And the Concord is such to wit that the foresaid T. and K. have recognised the Third part aforesaid with the appurtenances to be the right of the aforesaid G. and they have granted that the same third part with the appurtenances which M. B. Widdow holdeth for term of her life of the inheritance of the said K. the day that this Concord was made and which after the death of the said M. unto them the said T. and K. ought to revert to remain to the aforesaid G. and his heirs for ever To hold c. And moreover the same T. and K. have granted for themselves and the heirs of her the said K. that they will warrant to the aforesaid G. and his heirs the third part aforesaid with the appurtenances warranty as aforesaid against all men for ever And for this c. A Fine knowledged by the Husband and the VVife to one I. I. of 9 Messuages c. with warranty against all men A fine sur Cognisance de droit COmmand E. P. Gent. and E. his Wife that justly c. they hold to I. L. the Covenant between them made of 9 Messuages 9 Gardens 300 acres of Land 100 acres of Meadow 100 acres of Pasture 20 acres of wood 100 acres of Furrs and Heath c. And of the moyety of 20 Messuages 20 Gardens one Water-mill one Dove-house 60 acres of Land 200 acres of Meadow 300 acres of
York ss BEtween A. B. Plantiff and C. D. Deforcient of 2 Messuages 2. Cottages 100 acres of Land 40 acres of Meadow 20 acres of Pasture one acre of Wood 8 acres of Ling and Heath and one penny Rent with the appurtenances in A. A Note of the Fine whereof Plea of Covenant was summoned between them c. that is to say that the aforesaid John hath recognised the Tenements and Rent aforesaid with the appurtenances to be the right of him the said A. and hath granted for himself and his Heirs that the aforesaid Tenements and Rent with the appurtenances which the aforesaid G. and I. hold for term of the life of him the said I. of the Heirs of the aforesaid C. the day wherein this Concord was made which after the decease of him the said I. unto the aforesaid C. and his heirs ought to revert after the decease of him the said I. shall wholly remain to the aforesaid A. and his Heirs to hold of the chief Lords of that Fee by the Services which unto the aforesaid Tenenement and Rent do belong for ever And for this recognisance grant fine and Concord the said A. hath given to the aforesaid B. 100 Marks sterling Upon which note before the ingrossing of the Fine if it be of a remainder reversion rent or Seigniory writs of Q●i● Juris clamat per quae servicia or quem reddi●um reddit must be sued as the case requireth Plo. fo 43. b. 22. H. 6. 13. Quid Juris clamat Quid Juris clam is a Judicial writ issueth ●ut of the Record of the Fine remaining in the keeping of the Custos brevium of the Common place Plo. 43. b. before it be ingrossed for after the ingrossing it cannot be had Plo. fo 431. b. 22 H. 6. 13. F. Nat. Br. 147 a. which lyeth for the grantee of a reversion or remainder when the particular Tenant will not atturn to enforce him to atturn 22. H. 6. 13. Plo. 431. b And it is made in this form Summons O. c. To the Sheriff greeting we command you that you cause to come before our Justices c. ●ali die G. and A. his Wife to know what right they claim in one Messuage c. with the ●p●urtenances in B. which Tenements with the appurtena●ces M. who was the Wife of G. in our Court c. hath granted to A. of B. by a Fine thereof there between them made And have you c. And the final cause of this writ of quid Juris clamat is that the grantee or cognisee of the reversion or remainder may by that Atturnment of the particular Tenant be enabled if cause be given to bring an Action of wast or to avow for rent reserved or services behind which he cannot do without Atturnment Plo fo 431. b. 22. H. 6. 13. Tenant in Dower Tenant in Dower shall atturn though the writ suppose her to be Tenant for life because she claimeth no greater estate than Frank Tenement Hil. 3. E. Fitz. Quid Juris clamat 3. yet it seemeth she thereby looseth her warranty and advantage to be newly endowed if she be evicted 10. E. 3. Fitz. Quid juris clamat c. 41. If a gift be for life the remainder for life the writ must mention the remainder Hil. 3. E. 3. 15. Fitz. Fines 9. It is meet therefore to learn who are compellable hereby to atrurn and who not and by whom What Persons may obtain Atturnment by Quid Juris clamat and what not Grantee of a reversion THe grantee of a reversion voyd of impediment 34. H. 6. b. Fitz. Na. Br. fo 168 b. F. N. B. 147 a. Infant But an Infant cannot because if a Lease for life without impeachment of wast be pleaded in Barr he cannot confess it 43. E. 3. 5. Contr. 23. E. Fiz quid Juris c. 42. Nothing in the reversion Feme Covert If the Cognisor have nothing in the reversion the Tenant shall not atturn Lib. Int. fol. 436. A F●me Covert without her Husband albeit the Fine was levyed when she was sole 11. H 4. 7. Divers If there be divers Pleas and one die hanging the Plea yet shall the Tenant atturn to the rest 48. E. 3. 32. Divers Or if divers sue the writ and one be non-suit yet attournment shall be unto the other without Summons and severing of the other 46. E. 3. 32. Abbot Abbot avera atturnment dum ten pur vie sans mre licence et nest forfeiture 17. E. 3. 7. Disseasor If Cognisee discease the Tenant of part he shall have no atturnment 19. E. 2. Fitz. Quid Juris c. 46. What Persons be compellable to atturn by Quid Juris clamat and what not T. for life THe writ of Quid Juris clamat lyeth against the particular Tenant of the Land for life 34. H. 6. b. Nat. Br. fo 168. b. Fitz. Nat. fo 147. a 49. h. though he be but a Tenant for life of Land holden in Capite or a Feme Covert Feme Covert 45. E. 3. 11. And a Tenant for years shall atturn 3 H. T. for years 4. 3. T. In tail But Tenant in tail is not compellable because of the estate of inheritance which is in him 38. E. 3. 20. Nor Tenant in tail after T. in tail after possibilities c. possibility of issue extinct for the inheritance that was once in him 43. E. 3. 1. 46. E. 3. 13. et 72. T. for life of Lands in Capite A particular Tenant for Lands holden in Capite is not compellable to atturn without sight of Licence of alienation lest his Lands should be subject to a Fine for the alienation without licence 45. E. 3. 6. Executors If A. and B. have an estate for ten years as executors and B. have five years in reverūon in his own right he must atturn because he is possessed of the whole term and the attornment of one executor of a Term is good enough 32. E. 3. Fitz. Quid Juris 5. p. Stanh T. pur vie ove A. pur ans But if A. Lease to B. and C. for six years and after confirm the Estate of B. for life the note of the fine shall make mention of B. onely per Seton 32. E. 3. Fitz. Quid Juris c. 5. T. in Dower T. by the Courtesie If Tenant in Dower or by Courtesie grant their estate yet the Quid Jur. clam lyeth against them for none but they can be Tenant in Dower or by the Couttesie 18. E. 3 5. T. for years upon Condition If a Leasee for years with livery be upon Condition that if the Leasee pay 10 pound such a day or the Leasor die within the term c. He shall have Fee if before the day the Lessor alien by Fine this Tenant shall atturn salvis advantagijs And yet if he pay the ten pounds at the day or
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 atturn●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
life with Remainders in tail dividing the Lands 91 A Fine to entail Lands to the heirs of one deceased 92 A Grant by a Duke and his wife as in the right of his wife to the Cognisee for life of the Tenant for life with Warranty a Render to the Cognisor for the Wives life to convey her Title to her Husband 93 A Concord of a moyety of divers things in Possession and a Reversion in Fee 94 A Grant of Lands by Fine to two who render to the Cognisor in tail and for default of such issue to R. T. in general tail the remainder to another and his heirs for ever 97 A Grant of Lands in tail to be holden of the Grant or in soccage 98 A Grant of Lands in tail to be holden of the Grantor by suit of Court 6 s. rent 99 〈◊〉 ●●ne of Knights Service Castle-Gard and Murage upon a Writ of Customes and Services 100 A fine of a Mannor in possession and other lands in Reversion 101 A fine of Lands part in possession and part in reversion with a Render again to the Cognisors and their heirs 102 A fine of the reversion of a Rent 104 Another of the same 105 A fine of Rent Service 106 A fine where the Husband and the Wife sell the Wives Joynture or Dower absolurely to him in the reversion 107 Tenant for term of life maketh a Lease reserving a Rent during her life 108 A fine of a Reversion 109 A fine in Fee farm of a Rent granted out of a Mannor only 110 A fine of several Rents granted out of a Mannor 111 A fine of a Rent with a Nomine poene for non-payment c. 112 A fine in Fee farm yeelding a Rent with a Distresse 114 A fine in Fee farm rendring a Rent sute of Court and Herriot after decease recease and alienation 115 A fine in Fee farm rendring a Rent with a Nomine poene for default of payment 117 A fine by the Husband and the Wife to the Husband and Wife with a Render 118 A Writ of Covenant that was for the King for the Tirh Corn of a Parish and the manner of the endorsement thereof used by his Atturney general 120 A fine with Warranty against all men 121 A fine by the Husband and Wife and the Cognisee by the same fine granteth and rendreth back again the premises to the said Conusors to the heirs of the Husband one of the said Conusors for ever 122 A fine of one Messuage c. and the same Conusors for them and the heirs of Io. Do. warrant 2 parts of the premises in 3 parts divided to the Conusee and his heirs against all men for ever 123 A fine with Warranty against all men and the Cognisees by the same fine render parcel of the Premises for one month with divers limitations c. 124 A fine of c. and the Cognisees do grant and render all Mines of Coles in a Close parcel of the premises c. 128 A fine of the third part of one Messuage c. with a general Warranty And the Cognisees do Grant and Render the same to one of the Cognisors for years in reversion c. 129 A fine with a Grant of a yearly rent 132 A fine of a Messuage c. Rent Parsonage the Advowson of a Viccaradge with Warranty c. 134 A fine with two several Warranties 135 A fine of a Mannor c. with general Warranty 136 A Fine within the County of Chester c. 137 A fine knowledged before the Justices of Chester 140 A fine by an Earl and his Wife 141 A fine by the Husband and Wife and a third person c. 142 A fine by two to one with general Warranty 145 A fine by the Husband and Wife and divers others c. 145 A fine of four Messuages c. with Warranty 146 A fine by two Husbands and their Wives 147 A fine by the Husband and his Wife to a Man and his Wife 148 A fine by an Earl and his Wife of a Rent c. 149 A fine by the Husband and Wife for term of years 150 A fine by the Husband Wife with Warranty in consideration the Cognisee granteth a Rent c 152 A fine of the third part of a tent with a general Warranty 154 A fine of the third part of 34 acres of Meadow by these words viz. concesserunt reddiderunt c. 155 A fine by one to the Queens Atturney c. 155 A fine by a Widdow to the President and Schollars of a Colledge c. 157 A fine by two and the VVife of one of them c. 158 A fine with general VVarranty 159 A fine of a reversion 160 A fine by Husband and VVife to one with a general VVarranty 161 Of the Order of taking the knowledge of a fine by Dedimu potestatem and the certifying thereof 162 A fine of one Messuage of a Remainder 163 A fine by Husband and VVife of two Messuages c. with general VVarranty 164 A fine knowledged before the Justices of the Common pleas at Westminster with general VVarranty 165 A fine with VVarranty against the Conusor and his heirs 166 A fine as it is ingrossed of Record 167 Of the nine Proclamations 168 A fine with general VVarranty for years rendring a red Rose c. 168 A fine for li●es and aft●r in Fee 170 A fine of a Rent issuing out c. with general VVarranty 171 A fine with general VVarranty of an annuity with Nomine poe●e 172 A fine in tail general to hold by the 40th part of a Knights ●ee and by rent with general VVarranty 174 A fine with VVarranty during life 175 A fine for life and after in fee. 176 Of the taking of the knowledge of a Fine 177 A fine with divers remainders 178 Of Adjuncts of Concords 180 A Licence to alien in Mortmain 183 Quod permittat finem levari 184 The Writ of quod damnum 185 Of a pardon for alienation 186 Of the Dedimus potestatem to take the cognisance of a fine 189 190 The Dedimus Potestatom thereof 191. The Precipe and Concord 193. A Dedimus Potestatem upon a writ of Customes and services 195. Of the Kings Silver 196. Of observation at the knowledge of fines 197. How and when Cognisances of Fines may be certified and what may hinder the ●ame 199 Of the Inrolment of Writs of Covenant D●d Potest and knowledges thereupon called the foot of the fine 202 Of the note of the fine 203 Quid juris clamat 204 VVhat persons may obtain atturnment by Quid Juris clamat and what nor 205 VVhat persons be compellable to arturn by Quid juris clamat and what not 206 What places will barr the Plaint of Atturnment 210 A Table to the latter Part. VVHat processe lye in a Quid juris clamat 1. The writ of summons in Quid juris clamat 3. The Distress in Quid juris clamat 4. Tenant may atturn for