THE ATTORNEY'S GUIDE, FOR Suing out of Fines, Concord's, and Recoveries, &c, BEING Choice and Exact Precedents for all sorts of Fines, Concord's and Recoveries.  
Together with full Instructions in all proceed 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 Public 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, rend or other thing hereditable, being in esse tempore finis, acknowledged and recorded formerly by the consent and licence 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 departed. 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 levied is called the Cognisee: There are five essential parts in a Fine: first, the original writ taken out against the Cognisor: the King's licence formerly so called, giving the party's liberty to accord, for which he had a Fine called the King's silver, being accounted a part the Crowns revenue. Thirdly the Concord itself, which thus beginneth. Et est concordia talis, etc. 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, etc. 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, etc. 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 chief 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 levied. 4 What Ceremonies therein are to be observed. 5 the several times are to be observed and considered First that the Fine be levied af●er the Feast of Easter, which was in the year of our Lord 1496. for all Fines levied before that time are out of the compass of this Statute. 4 H. 7. as it appeareth 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 do 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. Marry the Virgin, Ascention day, All Saints, All Souls, or on the Feast day of St. john Baptist, if it happen on any other day than on the Friday next after Trinity Sunday, and to be recorded accordingly, than if it be not helped 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, Blow. come 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 helped 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, etc. do take their action or lawful entry (according to their right and title they have to the Tenements therein contained, at time of the engrossing 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 descent from him. As for example, if a father seized of lands in Fee doth thereof infeoff 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 descent.  
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 seized, & the same descend to his Son, a● heir in this case, the Son is privy also in blood, but not in estate, for although the possession of the same land came to him by descent, as heir to his father, yet he was therein remitted forthwith to his former estate.  
3 And a third kind of privity in blood tantum, is where a man in some respect is privy in blood and estate, and in another respect privy in blood tantum. As for example, if there be two brothers, and the eldest purchaseth lands in Fee, is thereof disseised by his younger brother, afterward disseised by a stranger, and that stranger dyeth thereof seized, the younger brother being within age, and afterwards the elder brother dyeth without issue, the younger Son hath two manner of rights to the land, the one is a right of entry against such heir as is in by descent during his minority, but that right is only in respect of his former possession, which he obtained by disseisen, and not as heir to his brother, and in this respect he is privy in blood to his eldest brother, but not privy in estate. The other right that is now in the younger brother, is only a right in action, and not a right of entry, and this is in him as heir to his brother, whose entry was taken away by the said descent, in respect of his right, he is privy in blood and estate to his brother.  
Privity in estate tantum, is where a man claimeth an estate in land, as assignee to another; as if A infeoff B. in this case, B. and his heirs are privy in estate to A. Privity in blood and in estates are of two sorts, whereof the one may properly be called a privity of blood and estate, the other is so called improperly, and in a borrowed sense. That which is properly called a privity in blood and estate, is when both privities do accrue by descent, by or from one Ancestor. The other is, when one of them acreweth by one manner of title, and the other by title of another kind; as for example, if there be a father and a son, and the father purchaseth lands, and dyeth thereof seized, and the same doth descend to his Son, he is to his father in a proper sense privy in blood and estate, because both those privities do to him accrue, by one descent from one Ancestor.  
It is to be noted that such privies as the Statute meaneth are after the engrossing of the Fine & Proclam. made according to the form of the Statute, absolutely barred without hope of recovery or restraint, by any claim; but such as are strangers, are barred only conditionally, if they or their heirs, do not claim according to the form of the Statute, within the times therein prescribed. It is a rule in Law, that no error in the fault of the Judge can be assigned to reverse a Judgement, unless it may be tried by view of the Record, or by inspection of the person; for if it should, many grave Judgements would be overthrown by corrupt trials of false surmises, to the subversion of Justice, and maintenance of Vice: But if the Judge give Judgement for the one party, upon the matter appearing of record, whereas he ought to give judgement for the other party, this is reversible by error, because such a fault of the Judge through ignorance of the Law, is apparent by the view of the Record,  

What persons may be Cognisors in Fines, and what not.  
AN Infant ought not to be Cognisor especially if it be a Feme covert, for that she cannot reverse it during the coverture, which continuing till she come to full age barreth her for ever. 50 E. 3. fo. 5. 21. Ass. 53.  

* 7 H. 4. s. 23. 43 E. 3. f. 20.  Also no feme covert aught to levy any Fine without her husband, is avoidable by the entry of him, yet since a Fine levied at this day and proclamation according to the form of the said estate of 4 H. 7. 31 Eliz. cannot be avoided by the entry of the Husband, of the Cognisor, as to the estate of inheritance, but only to the frank tenement, during the Coverture, and so long afterwards as he shall be tenant by the courtesy, if he had issue by his said Wife before the Fine levied. And in that case albeit the Husband do enter in 5 years, or before Proclamations had and made, the feme and her heirs are barred as privies to the Fine; the words of the said Statute of 4 H. 7. be, the Fine to be a final end, and conclude as well privies as strangers; and yet all strangers shall not be barred by such Fine: The King is no such stranger as is comprised in the the said Act; for if the Lawmakers had meant to conclude the King thereby of his right, than it is not to be doubted (his greatness being such as it could not be forgotten) but they would have made some provision for his claim, which thing they have not done, because they never intended to conclude him; but others being bodies corporate of things that go by way of succession, are comprised in this word (strangers) in the body of the Act. And yet they are not contained in the letter of exception, or of any of the save which do save rights to men and their heirs, speaking nothing of Corporations or successions, or of any thing in succession.  
He which intrudeth upon the King's possession ought not to be Cognisor, for his Fine is void, for by his entry upon the King after office, and before livery sued, he gaineth no freehold. 1 H. 7. fo. 9 24 E. 3. f. 65; but if the Fine be levied without intrusion, it bindeth the Cognisor and his heirs, if the Husband levies a Fine of his wife's land without her, it is void. 32 H. 8. c. 28.  
If a woman be Cognisor she ought to be examined, whether she do of her own free will, or by compulsion of her Husband, but being Cognisee she is not to be examined, because it is for her benefit. 3 H. 6. f. 42. E. 3. f. 7.  
A Woman may not levy a Fine of such lands, etc. as she hath in Dower, Jointure, or for her life, or in tail of the gift of her husband, or of any of his Ancestors, or of any person seized to his use, upon pain to lose her estate. 11 H. 7. c. 20.  
Neither an Idiot natural, nor any other person of non sane memory ought to be Cognisors, for their Fines (as it seemeth) may not be reversed. 17 E. 3. f. 52. & 78. 17 Ass. 17.  
A Tenant for life may not, without danger to forfeit his estate, be Cognisor in a Fine upon grant and render; but upon a grant and release he may. 44. E. 3. f. 36.  
And he may also be Cognisee in a Fine of release, without forfeiture of his estate. 1 H. 7. f. 9  
Rent cannot be reserved upon a Fine sur cognisance de droit come ceo que il cognisee ad del done de cognisor, nor sur fine sur release, otherwise than by render, because such Fines execute the estate in the Cognisee forthwith. But upon Fines executory; as Fines sur cognisance de droit only, or sur grant, rents may be reserved, for upon those estates are executory. 5 E. 3. 50 & 39  
It is requisite that either the Cognisor, or the Cognisee be seized of the lands contained in the Fine, at the very time of the levying thereof, for if they be not, the Fine is void. 27 H. 8. f. 4. 22 H. 6. f. 47. 5. E. 3.  
Nevertheless a Fine between the Vouchee and the Demandant is good, by reason of the privity which is between them, for that he is as it were Tenant in Law. 5. H. 7. f 41, & 8 H. 45.   

What persons may be Cognisees in Fines.  
ALL lawful subjects may take benefit by Fine, whether they be of full age, or within age, or Femes Coverts, or Idiots, or men of non sane memory, imprisoned within or without the Realm, or bodies Civil. And if a Feme covert be Cognisee, she needeth not to be examined, as appeareth before; yet before a Fine be engrossed for a Corporation, a Writ ought to be directed to the Justices of the Common place quod permittant finem illum lavari. Dyer. f. 188. p. 9 and the like writ hath been used, when Fines have been levied of lands holden in Capite. Fitz. N. B. f. 147.  
A particular Tenant, as Tenant in Dower, by the Courtesy, or for life, cannot by Fine grant and surrender his estate to the owner of the reversion, or remainder; but he may by Fine grant and release the same. 17 E. 3. f. 661. 14 E. 3. 20 E. 3. 24. E. 3. f. 26.   

Of what things Fines may be levied, and of what not.  
FInes may not be levied of uncertain things, and therefore they may not be of a Tenement, 3 E. 4. f 19 11 H. 7. f. 25. but of certain things, they may be levied, as of a Message, Toft, Dovehouse, Garden, Land, Meadow, Pasture, Wood, Underwood, Heath, Moor, Reeds, Marish, Willows, rend, per Register, f. 2. a, of the Rectory of the Parish Church of M. and of the tithes of grain, herbage and Hay to the same Rectory belonging, etc. or with all tithes of Corn, Herbage, and Hay to the same Rectory belonging. Thel. lib. 8. cap. 9 Sect. 2. de Rectoria. 2 E. 3. of a furlong of land. 4 H. 6. 14. of a passage of the water of T. of pasture for certain Oxen, Sheep and other beasts, and of a Common for all Cattle, or for all manner of beasts, or of free fishing, free warren, or of the advowson of the Church of D. or of any special service, as of service of one Knights Fee, one pair of gilded spurs, or of service to find a man, horseman, or footman, to go or to ride in the Army to Wales or Scotland, etc. of a Fishing 13 E. 3. of an office, 27 H. 8. f. 12, of the profits of an office, 12 E. 3. of an Advowson Register, f. 165. of a Corody, 18 H. 6. f. 20. of Chiminage, 2 E. 3. f. 46. of the profits of a mill, 18 E. 3. f 56. of a free rent in the Writ, and in the Record, That the aforesaid A hath recognised the aforesaid rent, with the appurtenances, together with the homage and the fealty to B. and his heirs of all the tenements, which, etc. 1 E. 3. f. 1. and 5. of a frankfold, 1 E. 3. f. 1. of a Fair and a Market. 1 E. 3. f. 4. of a Franchise, 1 E. 3. f. 4. of a Mine of lead, and all kind of metal, with the appurtenances, etc. Register f. 165. of the tith of the Herbage unto the Church of N. belonging, Regist. f. 165. of the advowson of the third part of the Church, etc. or of the third part of the advowson of the Church, or of the moiety of the advowson of a Church. 33. H. 6. f. 11.  
And generally, in every case where a praecipe quod reddat. lieth, and of divers other things Fines may be levied, for which consult the Reg.  
No Fine aught to be levied of lands in ancient demeasne, and if any be levied it may be reversed by a Writ of deceit brought by the Lord of the ancient demeasne. 21 E. 3. f. 20. and 17 E. 3. 7 H. 4. f. 28. and 44. 8 H. 4. f. 23. which will restore the Lord to his signory. But such Fine remaineth good between the parties to the same. 8 H. 4. f. 24.   

By what names things may pass in Fines.  
AN Honour may pass by the name of a Manor, or by his proper name, as de. honore de Tickhill, or de Manerio de T.  
It sufficeth to demand a Manor by his proper name, without naming of the Town wherein it lieth, for it may be out of any Town, or extend into several Towns and Countries, as de Manerio de D. cum pertin. yet it seemeth best to express all the several Towns into which it extendeth; as de Manerio de S. cum pertinentiis in B. C. and D. 19 E. 4. f. 9 & 43 E. 4. f. 9 a. Bracton lib. 4. cap. 31. S. 3. 9 E. 4. f. 61. 16 a. & 17 b. 11 H. 7. f. 49. 9 E. 4. f. 3. a. 11 H. 7. f. 22. 6.  
A Castle or a hundred may be parcel of a Manor, and pass by the name of the Manor whereof they be parcel. 26 Ass. 54. And some one Manor may be parcel of another 2 E. 3. f. 56. And a Castle may be demanded by his proper name, as, de Castello de B. cum pertinentiis. 1 E. 3. f. 4.  
An hundred may be demanded by itself, as, de Hundredo de S. 27 H. 6. f. 2.  
Messuagium is a dwelling house: by the name of a Message may pass a Curtilage, a Garden or Orchard, a Dovehouse, a Shop, a Mill, as parcel of an house Eract. lib. 5. cap. 28. sect. 1. Plo. f. 169, 170, 171. The like of a Cottage, a Toft, a Chamber, a Cellar, etc. yet may they be demanded by their single names.  
A Chapel or an Hospital must be demanded by the name of a Message, 13. Ass. 2.  
A Toft is a place wherein a Message hath stood.  
A Curtilage is a Garden or a yard near or belonging to a Message Blow.  
Molendinum, a Mill, is good without adding ventriticum, or aquaticum, or granaticum, viz. a Windmill, or a Water-Mill, or a Corn-Mill, albeit the latter be more usual. 44 E. 3. f. 13.  
Land is to be demanded by the certain measure of the superficial quantity thereof, as Hydra, Carucata, Bovata, Virgata, Acra, etc. roda, etc. terrae.  
In like manner, boscus, suboscus, bruera, mora, juncaria, mariscus, aluetum, & ruscaria, may be demanded by the number of acres thereof. 16 Ass. 9  
Turbarie may be demanded by the name of Morae.  
Rend by the number and multitude of the things that are to be rendered, as 10 l. or six pence, or a half penny rend, etc.  
Housebote, Haybote, and Plowbote may be demanded by the name of Estrovers, thus, of reasonable estrovers in the woods, viz. in 10 acres of wood of him the said A. in D. etc.  
Parsonages, Rectories, Advowsons', Vicaredges, or tithes impropriate, pass not by the name, the advocatione Ecclesiae, but, de rectoriae Ecclesiae de S. cum pertinentiis.  
But when it is but of a presentation, it must be the advocatione Ecclesiae de S. & non cum pertin.  
And of all Vicar edges endowed, the Writ must be, de advocatione vicary Ecclesiae de S. etc. and not cum pertin.  
And where no Vicarage is endowed, it passeth under these words, de advocatione Ecclesiae de S. etc.   

The Order and form of placing things in Fines.  
1 THe more worthy thing must be put before things less worthy, as Message is set before Land, a Manor before a Message, a Castle before a Manor, 7 H. 6. 39 Plo. 168, 169.  
Secondly the Genus or thing general, before the things special, as land being the genus to meadow, pasture, wood, Juncarius, Mariscus is first to be placed. And wood being general to wood-grounds, as aluetum, salicetum, etc. to be set before them in the writs.  
Thirdly, entire and whole things are to be set before their parts, as de Manerio de C. & medietate Manerii de B. cum pertin, etc.  
Fourthly, parts of things excepted must succeed those things out of which they be excepon t; And if there be divers parcels in one Writ, that parcel out of which the exceptiis to be made, aught to be last placed, Regist. f. 6. de Manerio de D. cum pertinentiis in C. excepto unto messuagio, duobus acris terrae, & advocatione Ecclesiae de C.  
And every thing excepted aught to be certainly named, it needeth not to say, cum pertinentiis after the thing excepted, 40 E. 3. 25. and the exception must always be of such things whereof they will lie. Regist. f. 228, 229. For which for the present see the example following, viz.  
Command A. B. that he render to C. D. etc. of one Message, one Cottage, and the moiety of one Message, and ten acres of land, with the Appurtenances, except one acre of land in N. etc.  
And finally the form and order of placing the particulars in a Writ of Covenant, is in all things, as in a praecipe quod reddat of lands.  
And further observe the rules of the Register. f. 2. which partly appeareth in these verses ensuing.  
suagium, 'em, lendinum, umbare, dinum, ra, tum, tura, cousin, ra, Mes, toft, moll, col, gar, ter, pra, past, hos, brew, mora. ria, cousin, tum, ditus.  
Junca, Maris, alue, red, sectare priora.   

The place wherein the lands lie.  
FUrthermore the place wherein the lands do lie, as the Shire, Town, Parish, or Hamlet, for, a Fine is good in a Hamlet, 38 E. 3. f. 19 8 E. 4. f. 6. and 7 E. 6. in Brook Fines. 44. & 91.  
Nevertheless it is good also to name the Town wherein the Hamlet is, as it seemeth, and that with addition for distinction, if there be divers Towns of the same name in the same County.   

Of the Forms of Concord's.  
NO Concord ought to be levied to divers persons and their heirs, but of such Tenements as were formerly holden of the King or Queen: for (it was for their own) now their successors advantage to have many such Tenants, 33 H. 6. f. 52. 7 H. 4. f. 7.  
If a Fine be levied to two Cognisees or more, in the Concord thereof the Cognisor shall knowledge the right thereof to be to the one of the same Cognisees only. And the release and warranty therein contained, shall be limited only to him, and his heirs. 3 H. 6. f. 42. 33 H. 6. f. 52. 21 E. 3. 24 E. 3. f. 36. 27 E. 3. f. 84.  
None can take by the first estate granted or rendered by a Fine, but some of the parties named in the Writ; but any estranger may take an estate in remainder. 30 H. 8. Br. Fines. 108. 7 E. 3. 31.  
The Warranty contained in Fines ought to be made by the heirs of them, from whom the inheritance of the land passeth. As if the Husband and Wife levy a Fine of the Wives lands, the Warranty must be from the Husband and Wife, and the Heirs of the Wife, otherwise if it were of the Husband's lands, than the Warranty must be from his heirs. 42 E. 3 f. 13. 44 E. 3. f. 21. and from the Heirs of one only. 21 E. 27. except it be of lands in Gavel-kind. 24 E. 3. f. 66.  
No Fine aught to be levied upon any Condition, Nam finis finem litibus imponere debet, but clauses of distress may be in Fines. 33 H. 6. f. 52. 44 E. 3. f. 22.  
Also some Fines be sur cognisance de droit come ceo que le cognisee ad del done le cognis. 2ly. some other sur cognisance de droit tantum. 3ly. some other of grant and release, and lastly some of grant and render, and upon grant; All which plainly appear by examples hereafter ensuing.  
Also in Concord's be not repeated all the words in the Writ, but the general words thereof only, as Manor, Tenement, Rent, Common, Advowson, etc. as appeareth in the ensuing examples of Concord's.   

Observations at the knowledging of Fines; and first how to acknowledge a Fine before the Lord Chief Justice of the Common Pleas.  
FIrst you are to take notice, that none but the Lord Chief Justice can take cognisance of Fines without dedimus potestatem, which privilege is given him by the prerogative of his Office. Dyer, f. 224. Pla. 31.  
Wherefore if you would acknowledge your Fine before him out of Court; you must first draw your praecipe and Concord in paper, and bring the parties that must acknowledge the Fine, to my Lord's Chamber, and deliver your praecipe to my Lord's Clerk of the Fines, who will read it to them in presence of my Lord, and their hands being first set to it, he acknowledgeth it before my Lord, and he putteth his hand to it, for which you pay to the Clerk for my Lords see 9 s. 8 d.  
Which being done, the Clerk will engross the praecipe and Concord in Parchment, and get my Lord's hand to that, which you must fetch from him, and give him his fce for the engrossing thereof; than you must carry it to the Cursitor of the Shire where the land lies, and leave it with him, to have a Writ of Covenant made by it; when the Writ is made, before you pass it under seal, you carry it to the Alienation Office, where you are to pay a Fine for licence or leave to alien, and there it is you must make your composition, which is set by the Commissioners sitting for that purpose, when you have informed the value, there is one sits purposely with the Commissioners to take it, who was formerly a Doctor.  
The value being set down by one of the Commissioners, if it exceed forty shillings (or else there is nothing to be paid) you must go to the Receiver in the same Office, and pay the Fine so assessed, which is the King's silver for the King's Licence, which Licence the Clerk of the King's silver entereth; when the money is paid, the Receiver will set his hand to the back of the Writ, than you must give it to the Doctor to sign, who hath 4d. for his hand, then get the hands of the two Commissioners to the back of the Writ, which done you must carry it to the 3 Clerks sitting, to be endorsed and entered.  
This being done, you bring back your Writ to the Cursitor, and he will get it sealed, and then you pay him for his fee 2 s. 6 d. then having broken it open, you are to return it as followeth.  

Towards the upper end of the Writ thus.  John Do pledges of prosecuting Richard Roose.  

Towards the middle of the Writ thus.  John Den, Richard Fen.  
This is now by a late erected Office done by an Officer, who takes for the doing of it, and entering of it 1 s. 6 d.  
Note, you are to file a Warrant of Attorney with the Clerk of the Warrants, where your Writ of Covenant must be signed, which Warrant is as followeth (the Shire in the margin) G. W. puts in his place T. L. to prosecute a Writ of Covenant against T. H. of lands and Tenements in A. and C.  
That done, file your Writ of Covenant and your Concord which you had from the Lords Clerk together, and carry them to the Custos brevium to the Clerk that dealeth for that Shire, and leave them with him to enter in his book, and to endorse the Writ, when he hath done, fetch them from him, and pay him for the same 3 s. 8 d.  
Then carry them to the King's silver Office, to enter the King's silver, which is the Fine for the value which you paid to the Receiver in the alienation Office; (The form of which entry you may see hereafter set down, together with more clear examples of proceed in the acknowledging of Fines, than I have here briefly written.) for which you pay him 6 d. which done, you deliver it to the Secondary in the Chirographers Office, who takes it forth in his book, and hath for his fee 5 s. 8 d. if it be in the Term, if it be out of Term, you pay him twelve pence more for allowing the Proclamation in the same Term. That done, you must in the same Office deliver it to the Clerk of the Office, who is appointed to write for that Shire, wherein the land lies, to engross, he hath for engrossing it 2 s. 6 d. if small, but if great, 3 s. 6 d. or more, in case it be exemplified.  
When your Fines are engrossed, which are by way of Indentures, get one part from him, and deliver it your Client to keep.   

The Charges of the Fine aforesaid.  
 l. s. d. IMprimis, for drawing the Concord 0 3 4 For the Lord Chief Justice's fee for acknowledgement. 0 9 8 To his Clerk for engrossing the Concord. 0 1 6 For the Writ of Covenant. 0 2 6 For the return 0 2 0 For the Post diem thereof 0 0 4 For the Fine 0 0 0 To the Receiver for making the Writ of Covenant. 0 0 6 For the entry and endorsment. 0 1 6 For the Doctor's hand. 0 0 4 For the Warrant of Attorney and filing it. 0 0 8 To the Custos brevium. 0 3 8 To the Clerk of the King's silver. 0 1 4 To the Chirographer. 0 6 8 For engrossing the Fine. 0 3 0 For the Attorneys fee. 0 6 8   

Observations at the knowledging of a Fine out of Court, by a special Dedimus potestatem.  
IF the Fine be knowledged out of Court, the day and place of the taking of the Fine is by 23 Eliz. cap. 3. to be entered, thus, taken and knowledged at S. the 10th. day of May, etc. for otherwise the Clerk or Officer receiving the same, loseth 5 l. for every offence.  
Also at the knowledging of every Fine, if the Justice or Commissioners that take the Cognisance thereof, do not know the Cognisors, it is requisite, that some other credible person to him known, who knoweth the Cognisors be present, and inform such Justice or Commissioners, that they be the self same persons against whom the Writ is brought. 34 H. 6. f. 19  
Lands bought of divers persons or by divers persons, may pass in one Fine, if the Writ of Covenant be brought against all the vendors by all the vendees: But then the clause of Waranty in the Concord thereof, should be several against every vendor by himself and his heirs: For it were very absutd, that one man should warrant against all men, land sold by others.  
In regard of the Cognisors debility of body, or remoteness from London or Westminster, or other occasion, you are to sue out a dedimus potestatem, reciting that the Writ of Covenant is depending, and bearing Test after the Writ of Covenant, directed to some Justice, or to a Sergeant at Law, or a Lord or Knight or two, and some other expert man to take the same Cognisance in the Country, and to return and certify the same to the Justices of the Common place, with the dedimus potestatem and Cognisance.  
If they certify not, a Certiorari is to be awarded to them, comprehending all the matter of the said Writ, and commanding them to certify etc. which if they do not, there lieth against them Alias plur, & Attach.  
If any Justice or Serjeant take the knowledge of a Fine of lands, nor lying within his Circuit, the Writ of Dedimus potestatem thereof is used to be signed by a Justice of the Circuit where the land lieth. Dier, f. 220. p. 15.  
And every special Writ of Dedimus potestatem to special Commissioners, must be signed either by the Commissioners, or by the Chief Justice of the Common pleas, of some of the Justices of Assizes in the Circuit of the Country where the land lieth, which is to pass thereby.  
But Justices of the Assizes by virtue of their patents may take the knowledge of Fines in their Circuits, before any Dedimus potestatem be sued out. Dier, f. 224. pla. 31. yet must a Dedimus potestatem be sued out upon the note directed to them, before they can certify the same.  
Also Fines have been levied before Justices in Eire, li. in't. scire fac. in Aid 2.  
But a Justice cannot take the knowledge of a Fine to himself, that is, where he himself is Cognisee. 8 H. 6. f. 21.  
Now the Order to sue forth a Fine to be acknowledged before Commissioners in the Country by special Dedimus potestatem is this.  
First you must draw your praecipe in a sheet of paper, as a note for the Cursitor to draw the Dedimus by, then engross your praecipe and Concord in a piece of parchment, and go with it to the Cursitor of the Shire where your land lies, and upon your praecipe in paper insert your Commissioners names, which must be four in number, whereof one at least must be a Knight, and get him to make your Dedimus potestatem, for which you must pay him 〈◊〉 and in paying of him (for he takes for them all) you pay a Fine, and for a Judge's hand, and for the Master of the Rolls his hand, which hands must be had before it be sealed, and then having it under Seal, deliver it so, and the Concord, before any two of the Commissioners named in the Dedimus potestatem, and your Cognisors being present, let them take the caption, which being done, they must return the Writ of Dedimus, and their execution thereof, in manner and form as hereafter by example shall be showed.  
Note, that upon every Fine past, where a Fine is paid, there is within 4 or 5 Terms a post Fine, that comes in Charge to the Sheriff to levy in the County where the land lieth, and that Fine is as much, and half as much as was paid before in the Alienation Office.   

Charges of the Fine by special Dedimus potestatem taken before Commissioners.  
IMprimus for drawing the praecipe and Concord. 0 3 4 For the special Dedimus potestatem. 1 0 0 For the return. 0 3 0  
For the rest of the Fees they differ very little from what are paid upon Fines otherwise acknowledged.   

How to acknowledge a Fine before a Judge out of Court by Dedimus potestatem.  
YOu must proceed in taking the acknowledgement, and passing the Writ of Covenant through the Alienation Office, in like manner as is before showed, which being done, and delivering your Writ back to the Cursitor, you must bespeak a Dedimus potestatem, which the Cursitor is to make; and when you have your Writ of Covenant and Dedimus potestatem under Seal, you must deliver the Dedimus to the Judge's Clerk of the Fines, and he will engross the praecipe and Concord, as before is showed, and return the Dedimus, and get the Judge's hand to it; which Dedimus so returned, Concord and Writ of Covenant, you must annex together, and pass them through the Custos brevium, Clerk of the Warranty, Clerk of the King's silver, Mr. Jones his Office of Inrolments, as it's termed, and the Chirographers Office, in like manner as is before showed: The course and proceeding, and fees being all one, more than this, that you pay to the Cursitor for your Dedimus potestatem 9 s. 2 d.   

Charges of a Fine knowledged by Dedimus potestatem before a Judge, and exemplified.  
FOr drawing the praecipe and Concord. 0 3 4 To the Judge for his Fee. 0 9 ● To the Clerk for the return of the Dedimus, and engrossing the Concord. 0 2 6 For the Writ of Dedimus potestatem. For all other Fees, as in the last proceeding, for the several Offices. 0 9 2 For the Exemplification. 0 2 8 For the Exemplifying. 0 5 6 For the Seal thereof. 0 2 2  
Having thus far proceeded, it remains to show how to sue forth a licence of Alienation of lands holden in Capite.  
You must first get the Clerk of the Alienations, to make you a Docquet in Paper, which you must carry to the Alienation Office, and there compound for the value of the land, which must be also by composition, or affidavit, as is showed before.  
The value being set down underneath your Docquet, you must pay a third part of the value assessed by way of Fine for your Licence, which you must likewise pay there in the same Office, and you must give the Receiver over and above what you pay 6 d.  
Then you are to get the Doctor's hand to your Docquet, for which you must give him 2 s. and you must then get the Commissioners in the same Office to set their hands to the Docquet, then deliver it to the Register there to enter, for which you pay him 6 d.  
And after it is entered, then carry it to the Clerk of the Alienation again, and he will get the Lord Chancellor or Lordkeepers hand to it, and will afterwards engross your licence of Alienation, and pass it under the great Seal for you. The Charges are as followeth.  
FOr drawing the Concord. 0 3 4 For my Lord Chief Justice fee for acknowledgement. 0 9 8 To his Clerk for engrossing the Concord. 0 1 6 For the Writ of Covenant. 0 2 6 For the return. 0 2 0 For the post diem thereof. 0 0 4 For the Fine. 0 0 0 To the Receiver for marking the Writ of Covenant. 0 0 6 For the entry and endorsement 0 1 6 For the Doctor's hand. 0 0 4 For the Warrant of Attorney, and filing it. 0 0 8 To the Custos brevium. 0 3 8 To the Clerk of the King's silver, 0 1 4 To the Chirographer. 0 6 8 For engrossing the Fine. 0 3 0 For the Attorneys fee. 0 6 8   

How to acknowledge a Fine at the Bar in Court.  
IF the acknowledgement be to be made in open Court, you must have your Writ of Covenant made by the Cursitor, and there compound it at the Office of Alienation, where it must likewise be endorsed and entered, and so fitted for the Seal, to which must be annexed your praecipe and Concord in parchment, which you must deliver to some one of the Sergeants at Bar to draw it for you, and then you pay him 3 s. 4 d. the other fees payable in Court are certain, and are not great, for by the acknowledgement in Court, the Client saves divers Fees and Charges whicb otherwise the Caption would cost.  
The Caption being past, you proceed with your praecipe and Concord, and Writ of Covenant, through the Alienation Office, King's silver, Custos brevinm, and Chiroprapher, as before was showed in other acknowledgements.   

Charges of the Fine acknowledged at Bar.  
FOr drawing the praecipe and Concord. 0 3 4 For the Writ of Covenant. 0 2 6 For the return of the same. 0 2 0 For the filing thereof. 0 10 0 To the Sergeant at Bar. 0 3 4 To the Prothonotary. 0 0 6 To the Secondary. 0 0 6 To the Crier Tipstaffs and Court keeper. 0 1 6 For the Doctor's hand. 0 0 4 For the Warrant of Attorney and filing of it. 0 0 8 To the Custos brevium. 0 3 8 To the Clerk of the King's silver. 0 1 4 To the Chirographer. 0 6 8 For engrossing the Indenture of the Fine. 0 3 0 For the Fee. 0 6 8  
Since that we have hitherto seen how to sue forth a Fine, let us also know what things hinder the certifying and engrossing of Fines knowledged.  
If the Cognisor die after the knowledging of a Fine, and before it be engrossed, such Fine ought not to be certified nor engrossed. 33 H. 6. f. 52. 1 H. 7. f. 9 In like manner if the Cognisee die.  
But if the Writ of Covenant and Dedimus potestatem be returned, and thereupon the King's silver entered, and before the Fine be engrossed the Cognisor or Cognisee die, yet is the Fine thereof good, and may afterwards be engrossed, though it be in another Term; Haec est finalis Concord. facta, etc. in Crastino pur. beatae M. Et post concessa & recordata in quindena Pasc. etc. Dier. f. 220. p. 15. & f. 254. p. 104.  
But if the King die after the Writ of Covenant be returned, and the King's silver entetred, and before the Fine be engrossed, yet the Writ of Covenant shall be resummoned, and the Fine engrossed, otherwise if the King's silver be not entered. 1 H. 7.  
And in like manner, if any Commissioner or Justice before whom a Fine is knowledged, chance to die or be discharged of his or their Office, before the King's silver thereof be entered, then may a Writ of Certiorari be directed out of the Chancery to the Justices discharged, or to Executors or Administrators of such Commissioners or Justices so dying, commanding them to certify the note of the said Fine and Concord. Fitz. f. 174. b. 8 H. 4. f. 5. 1 H. 7. f. 9 which being returned the Fine may proceed and be engrossed.  
A Fine knowledged of lands holden in Capite, ought not to be engrossed before a Licence of Alienation be sued out thereupon. 33 H. 6. f. 52. and a Writ of quod permittat finem levari, etc.  
A Fine of a reversion ought not to be engrossed until the Tenant for term of life atturn, for until atturnment he is dispunishable of waist, neither can the Cognisee avow upon him for the rent behind before Atturnment. 22 H. 6. f. 13. plow. f. 431. b.  
And the Cognisee may compel such Tenant for life to atturn by quid Juris clamat. and if the Fine be of services he is compellable to atturn by a Writ of per quae servitia: if of rent, by a Writ of quem redditum reddit. No. na. br. f. 47. a. b. and such Writs must be sued after the note of the Fine knowledged, and the King's silver entered, and before it be engrossed.  
And by the Statute of 23 Eliz. ca 3. notes of Fines and Concord knowledged, for the levying of Fines, are to be certified within one year next after the knowledging thereof, or else the person taking knowledge of such Fines is not bound to certify the same: Nevertheless if it be certified afterwards, it is good enough.  
Thus having briefly discovered the impediments that hinder the certifying & engrossing of Fines knowledged, and having left nothing untouched of the proceeding in suing forth Fines, let us go on to the subject matter, the very forms of Fines and Concord's.   

A Writ of Covenant of Common.  
COmmand, etc. of three Messages, etc. with appurtenances in D. and T. and of Common, of pasture for all and all manner of beasts, and of pasture for 400 sheep, with the appurtenances in D. in the Parish of C. And unless he shall do it, then summon by good Summoners, etc.   

Of Land and Sheep walk.  
COmmand, etc. of one Message, one Curtilage, one Garden, etc. and five pounds rend, with the appurtenances in F. Also of liberty of one Foldage and of Sheep walk, with the appurtenances in F. And unless, etc.   

Of Wood and Foldage,  
COmmand, etc. of one hundred acres of wood, with the appurtenances in N. and of the liberty of Foldage for 40 sheep, with the appurtenances in S. And unless etc.   

Of Wood  
COmmand o● etc. and four roods of Wood, etc. in the Parishes of B. and L. etc.   

COmmand, etc. of 2 parts in 3 parts to be divided, 8 acres of land, 40 acres of pasture, 40 acres of fresh and marish land, with the appurtenances in D. etc. And unless, etc.   

Of a Parsonage impropriate, and of the Moiety of tithes.  
COmmand, etc. of the Rectory impropriate of H. with the appurtenances, & of the moiety of all the tithes of Grain, Corn, Herbage, and Hay, of the lands called the B. la●ds, with the appurtenance; in H. aforesaid, etc. And unless, etc.   

Of a Manor of rent, and of free-folding for Sheep.  
COmmand, etc. of the Manor of, etc. And ten shillings rend, and of free-folding for sheep, with the appurtenances in R. and of the hundred of L. And unless, etc.   

A Writ of Covenant of 3 parts of 4 Messages, 4 Cottages, etc.  
COmmand W. S. that he hold Covenant, etc. of the 3 part of 4 Messages, 4 Cottages, one Mill, 10 Gardens, 10 Orchards, 200 acres of Land, 200 acres of Meadow, 200 acres of Pasture, 30 acres of Moor, 30 acres of Turbarie, and 5 s. rent, with the appurtenances in A. B. C. D. and of the third part of the view of frank pledge of the goods and Chattles waived, of Fugitives put in exigent, felons de se, deodands treasure found and extrahur, with the apurtenances in M. etc. Also of the third part of the rectory of the Church of K. with the appurtenances, And unless, etc.   

A Writ of Covenant of Tithes.  

Leic. ss.  COmmand T. N. Knight, that he hold Covenant, etc. of the profits of Grain, Hay, Wool, and Lambs, and of all other Tithes, with the appurtenances in M. And unless, etc.   

A Writ of Covenant of the Scite of a Monastery.  

Derb. ss.  COmmand A. B. that he hold Covenant to C. D. of the Scite of the Monastery of B. with the appurtenances, and of 20 Messages, etc. and of Common of Pasture for all manner of beasts and of 100 shillings rend, and of the rent of hens, and rend work, with the appurtenances in ●. and F. And unless, etc.  
And the Concord is such (to wit) that the aforesaid A. B. hath recognised the aforesaid Scite, Tenement, Common of Pasture, and rents, with the appurtenances to be the right of the said C. as those, etc. (with release and Warranty, etc.)   

A Writ of Covenant of divers things.  

Linc. ss.  COmmand F. M. Esq; and T. M. Son and Heir apparent of the ●ame F. that they hold Covenant to F. F. and N. R. Gentlemen, etc. of the Manors of T. S. and H. near N. upon Trent. And of 40 Messages, 20 Cottages, 40 Tofts, 30 Barns, 2 Water-mills, 1 Windmill, 3 Dove-houses, 40 Gardens, 40 Orchards, a thousand acres of land, a thousand acres of Meadow, 1000 acres of pasture, 500 acres of wood, 100 acres of Marish, 100 acres of Furs and Heath, 100 acres Willows, 100 acres Rushes, 500 acres of Moor, 4 l. rent, and the rent of half a pound of pepper, with the appurtenance● in T. etc. And also 50 Mines of Coal, with the appurtenances in T. S. and also of the Advowson of the Church of T. and H. And unless etc.   

A Writ of Covenant of Dimes and Tithes.  

Notting. ss.  COmmand D. F. that, etc. he ●old Covenant to R. Y. Esq; etc. of the Titnes of Sheafs, Grain, and Hay, with the appurtenances in R. and W. and of the tithes of Hay in V also of the tithes of Wool, Lambs, Offerings, Obventions and Emoluments, and of all other tithes whatsoever, coming, growing, and renewing in W. aforesaid, And unless, etc.  
COmmand T. B. and A. his Wife, that they ●old Covenant to C. W. Esquire: etc. of the rectory of L. and of the Advowson of the Vicarage of L. and of 10 Messages, 10 Cottages, 10 Barns, 10 Gardens, etc. with the appurtenances in L. aforesaid, And unless, etc.  
COmmand, etc. that justly, etc. of 10 Messages, etc. 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 Vicarage of the Church of G. aforesaid with the appurtenances, And un●esse, etc.   

A Release by Fine by one to two.  

Surr. ss.  COmmand, W. W. that justly etc. he hold to L. and A. P. Covenant, etc. of six Messages etc. with the appurtenances in C. W. and E. etc. And unless. etc.  
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 etc.   

A Fine upon Cognisance de droit by the Husband and Wife, to two.  

Surr. ss.  COmmand I. T. and A. his Wife, that justly etc. they hold to W. R. and R. D. Covenant etc. of 4 Messages, 4 Tofts, 40 acres of land, 20 acres of Meadow, 120 acres of Pasture, and five shillings and four pence rend with the appurtenances in S. And unless, etc.  
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, etc. of 30 acres of land, 2 acres of Meadow, 3 acres of Pasture, and 6 acres of wood, with the appurtenances in C. And unless, etc.  
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, etc.   

A Fine of a parcel in reversion by a Coparcenar.  

Surr. ss.  COmmand T. W. and K. his Wife, that justly, etc. they hold to G. S. the Covenant between them made, of the third part of 8 Messages, 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. Widow, 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, etc. 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, etc.   

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 Manors of R. and M. with the appurtenances, and of 50 Messages, 500 Toasts, 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 Furs, and Heath, and of five hundred pounds rend, 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 unless, etc.  
And the Concord is such (to wit) that the aforesaid I. L. Knight, Lord L. and I. his Wife have recognised the Manors, 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 Manors, Tenements, Rents, Advowson, and view of Frank pledge aforesaid, with the appurtenances to the aforesaid T. Y. Archbishosh of York and G. L. and the heirs of him the said T. Y. Archbishop, against all men for ever, And for this, etc.   

A Concord from two to two, with special Warranty.  
ANd the Concord is such, that the aforesaid A. and B. have recognised the aforesaid Manors, Mills, Dovehouses, Tenements, Common of Pasture, with the appurtenances to be the right of him the said C. as those that the same C. and D. have by the gift of them the said A. and B. and those they have remised and quite claimed from themselves, and the heirs of him the said A. to the aforesaid C. and D. and the heirs of him the said C. for ever. And furthermore the same A. hath granted for himself and his heirs, that he will warrant to the aforesaid C. and D. and the heirs of him the said C. the aforesaid Manors, Mills, Dovehouses, Tenements, Rents, Common of Pasture, with the appurtenances against themselves and their heirs for ever, And furthermore the same B. hath granted for himself and his heirs, etc. (as above.)   

A Fine upon recognizance of right, as that which he hath of his right, with release and warranty by Husband and Wife to a third person, with a general Warranty.  

Devon. ss.  COmmand I. H. and V his Wife, that justly etc. they hold to R. P. Gent. the Covenant of the Manor of B. with the appurtenances, and of 20 Messages, 3 Tofts, 6 Cottages, 4 Barns, one Water-mill, one Windmill, one Fulling-mill, one Dove-house, 20 Gardens, 10 Orchards, 100 acres of Land, 100 acres of Meadow, 1000 acres of Pasture, 10 acres of Wood, 20 acres of Willows, 100 acres of Furs and Heath, 20 acres of Moor, 20 acres of Turbarie, 30 acres of Mosses, 6 acres of Rushes, 20 acres of fresh Marish, and 30 acres of salt Marish, 2 acres of Alders, 10 Marks rend, with the appurtenances in B. C. and D. Also of free fishings in the waters of B. C. and D. and of several fishing in the water of S. also of the advowson of the Church of B. by turns when it shall happen. And unless, etc.  
And the Concord is such to wit, that the aforesaid I. & V have recognised the manors and tenements, rents, and free fishing aforesaid, with the apurtenances, and the advowson aforesaid to be the right of him the said R. as those which the same R. hath by the gift of the aforesaid I. and V and those they have remised and quite claimed from them the said I. and V the heirs of him the said I. to the aforesaid R. and his heirs for ever, and moreover the said I. and V have granted for themselves, and the heirs of him the said I. that they will warrant to the aforesaid R. and his heirs and assigns the aforesaid manors, tenements, rents, and free-fishings, with the apputtenances, and the advowson aforesaid, against all men for ever. And for this recognizance remise, quite claim, warranty, fine, and concord, the same R. hath given to the aforesaid I. and V forty pounds.   

A Concord of many things together sur cognisance de droit come ceo, etc.  
THis is the final etc. in the year etc. before etc. Justices and other faithful men then there present, between I. A. Plaintiff, and M. B. Deforcient of the honour of D. the Castle of the Shriefdome of S. with the hundred, the members and their appurtenances, the Isle of D. the Barony of D. the hundred of D. the borough of D. one Knights-fee in D. the Scite, Circuit, and precinct, late of the Monastery, of D. the manor of D. with the appurtenances, the Scite of the manor of D. the Grange of D. the Park of D. the pre●end of D. one capital Message. 2 Messages, 2 Tofts, 2 Cottages, 1 Dove-house, 1 Fulling Mill, 1 Water-Mill, 1 Windmill, 1 Malt-Mill, 1 Corn-Mill, 1 Barn, 1 Garden, 1 Orchard, 10 acres of Land, 10 acres of Meadow, 20 acres of Pasture, 4 acres of Wood, 40 acres of Furs and Heath, 30 acres of moor, 50 acres of Salt-marish, 9 acres of Fresh marish, 30 acres of Turbary, 9 acres Rushes, 9 acres of Willows, 9 acres of Mosses, 4 acres of land covered with water, Common of Pasture for all or all kind of Beasts, for 100 sheep, 10 Horses, Cows, Hogs, Geldings, etc. free warren, free fishing, liberty of foldage, freefold for a Cart with salt peter, lead, a pit of Salt water, twenty pounds, ten marks, ten shillings, one penny, one half penny, farthing rent.  
And the rent of one pair of Gloves, one pair of gilded Spurs, a barbed arrow, one pair of Shoes, 1 Coulter of a plow-sheer, one pound of wax, one pound of pepper, one pound of Cummin, one clove gilly flower, one basket of madder, one needle and thread, one quarter of Corn, one quarter of Barley, one pair of Capons, forty Cocks, twenty Hens, a thousand of Sheep, and 100 Geese, with the appurtenances in D.  
And of the common of pasture which the aforesaid M. B. hath and was wont to have for all his beasts. in a hundred acres of pasture of the said I. A. in D.  
And of all and all manner of oblations, tenths of Grain, Sheafs, Hay, Wool, Flax, Hemp, Swine, Geese of the fields, etc. and other emoluments, whatsoever belonging, appertaining, growing, or being within the said appurtenances in D.  
And Thanage, Stallage, Picage, Pontage within the borough of D. of a certain corodie for ones bread, one flagon of beer, for all men in D.  
And of a water pit, and a watercourse running from a place called H. beneath and through the lands called K. unto the Mill called S.  
A wear or floudgate in D. and of the view of Frank pledge, the liberty and Franchises in D. also of the custody or office of the Custody of B. of the keeping of the Park and Forest of D. and of the ofice of a Steward in D. of the Bayliwick, or office of a Bailiff in D.  
Also of the Fairs of D. every year at the feasts of N. M. there to be kept, the Markets of D. quiet or free passage over the water D. the rectory of D. the advowson, presentation donation free disposition and right of patronage of the Church of D. a certain portion of tenths and pensions in D.  
Also of the moiety of the manor of D. with the appurtenances, and of the third part of the tenement of C. in three parts divided, except and always reserved the patronage together with the Advowson of the Vicarage of the Church of D. and the Chapel to the same Rectory annexed, and all tithes of Grain, view of Frankpledge, and all things which to the view of Frankpledge belong, Wards, Marriages, Escheats, Cattles, of Felons waived, extrahur, Felons, Fugitives, Outlaws attainted with the Lands, and Tenements of Outlaws and Waives whatsoever, estraies, Markets, wreck of the sea, and all and so many rights, jurisdictions, privileges, franchises, and free-holds aforesaid, or any of them concerning, and to the said M. B. and his heirs, as of the Mannot of D. belonging.  
Whereupon plea of Covenant was summoned between them in the said Court, to wit, that the aforesaid M. hath recognised the aforesaid Honour, Castle, Sheriffdom, Isle, Barony, Hundred, Borough, Knights-Fee, Scite, Manor, Park, Prebend, Tenement, Rents, Common of Pasture, free Warren, free Fishing, liberty of Saltpetre, Led, Bullen, Pit, Rectory, Tithes, Oblations, Thanage, Stallage, Piccage, Pontage, Corrodie, Water pit, view of Frank pledge, Liberties, Franchises, Custodies, Office of Steward, Balywicks, Fairs, Markets, Passage, Wreck of the Sea, Moiety, and third parts, with the Appurtenances, and Advowsons', Presentations, free Disposition, right of Patronage, Portions and Pensions aforesaid, to be the right of him the said I. as those which the fame I. hath by the gift of the foresaid M. And those he hath remised and quite claimed from himself and his heirs to the aforesaid J. & his heirs for ever.  
And furthermore the same M. hath granted for himself and his heirs, that he will warrant to the aforesaid I. and his heirs the aforesaid Honour, Castle, Sheriffdome, Isle, etc. (as above) against himself and his heirs for ever, and for this recognizance, fine etc.   

A Fine of a Rent.  

Nott. ss,  COmmand J. Earl of H. and Dame K. his Wife, Countess of H. that justly, and without delay, they hold to W. C. Covenant, etc. of 40 pounds yearly rend, issuing out of the Manor of E. etc. And unless, etc.  
And the Concord is such (to wit) that the aforesaid Earl and Countess have recognised the rent aforesaid, with the appurtenances, to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl & Countess, and those they have remised and quite claimed from themselves and their heirs to the aforesaid W. and his heirs for ever. And furthermore the said Earl and Countess have granted for themselves, and the heirs of him the said Earl, that they will warrant the rent with the appurtenances to the aforesaid W. and his heirs against all men for ever. And for this, etc.   

A Fine of part of a rent by Husband and Wife.  

Suff. ss.  COmmand R. and J. his Wife, that they hold to H. C. Covenant, etc. of the third part of five pounds, six shillings and eight pence rend, with the appurtenances issuing out of the Manors of K. And unless, etc.  
And the Concord is such (to wit) that the aforesaid R. and I. have recognised the third part aforesaid, with the appurtenances, to be the right of him the said H. as that which the same H. hath, by the gift of the aforesaid R. and I. And that 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, with the appurtenances against all men for ever, And for this etc.   

A praecipe with an exception and saving some parcels.  
COmmand, etc. Covenant, &c of the Rectory of T. with the appurtenances, except the Advowson of the Vicarage of the Church of T. And unless, etc.  
And the Concord, etc. That the aforesaid A. hath recognised the Rectory aforesaid, with the appurtenances (except before excepted) to be the right, etc. And that he hath remised, etc. except before excepted) And furthermore the same, etc. hath granted for himself, etc. that he will warrant to the aforesaid, etc. the Rectory aforesaid, with the appurtenances (except before excepted, etc.)   

A Concord with a render for life to the Husband and the Wife, being the Conusors' of parcel of Manors and Lands contained in the Writ of Covenant, the remainder to the first and second begotton Sons of the Conusors' in tail, and to the heirs Mal●s, and for default of such issue, then to the Conusors' in general tail, and for default of such issue, then to the right heirs of the Conusors' for ever; with grant and render of ten Messages, etc. residue of the same Manor, etc. to the said Conusors'.  
ANd the Concord is such (to wit) that the aforesaid T. and F. have recognised the Manors, Tenements, and Rents aforesaid, with the appurtenances, to be the right of him the said E. as those which the same E. and R. have by the gift of the aforesaid T. & F. and those they have remised and quite claimed from them the said T. and F. and the heirs of him the said F. to the aforesaid E. and R. and the heirs of him the said E. for ever. And moreover the same T. and F. have granted for themselves, and the heirs of him the said F. that they will warrant the Manor, Tenements, and Rents, with the appurtenances, to the aforesaid E. and R. and the heirs of him the said E. against them the said T. and F. and the heirs of him the said F. for ever. And for this recognizance, etc. the same E. and R. have granted to the aforesaid T. and F. the Manor of S. aforesaid, with the appurtenances, and 10 Messages, 8. Cottages, 20 acres of Land, 20 acres of Meadow 160 acres of Pasture, 300 acres of Moor, six shillings rend, with the appurtenances in A. and F. aforesaid, parcels of the Manor, Tenements, and rend aforesaid. And those to them they have rendered in the same Court. To have and to hold to the aforesaid T. and F. for the term of the lives of them the said T. and F. and the life of the longer liver of either of them, without impeachment of any manner of waist. And that after the decease of the aforesaid T. and F. and the longer liver of either of them, the aforesaid parcels of the Manor, Tenements, and Rend aforesaid, with the appurtenances, shall remain to the first begotten Son of the bodies of the aforesaid T. and F. between them lawfully begotten, and to the heirs males of the body of the aforesaid first begotten Son, lawfully begotten. To hold etc. and if no heir of the body of the said first begotten son, shall be lawfully begotten, the aforesaid parcels of the Manor, Tenements, and Rend aforesaid, with the appurtenances, shall remain to the second begotten Son of the body of the aforesaid T. and F. between them lawfully begotten, and the heirs males of the body of the said second begotten Son, lawfully begotten, to hold, etc. And if no heir of the body of the said second begotten Son, shall be begotten, than the aforesaid parcels of the Manor, Tenements, and rend aforesaid, with the appurtenances to remain to the heirs of the bodies of the said T. and F. between them, lawfully begotten, to hold, etc. And if no heir of the bodies of the said T. and F. between them shall be lawfully begotten, than the aforesaid parcels of the Manor, Tenements, and Rend aforesaid, with the appurtenances, shall remain after to the right heirs of the said T. and F. for ever, to hold, etc. And furthermore the same E. and R. have granted to the aforesaid T. and F. ten Messages, etc. with the appurtenances in B. and C. aforesaid, being the residue of the aforesaid Manor, Tenements and Rend aforesaid. And those to them they have rendered in the same Court, etc.   

A Fine of homage, rent, and services.  

Salop. ss.  COmmand E. T. Esquire, that he hold to N. P. Covenant of one acre of land, and fifteen shillngs rend, with the appurtenances in G. and F. Andunlesse, etc.  
And the Concord is such (to wit) that the aforesaid E. T. hath recognised the aforesaid acres of land, with the appurtenances, to be the right of him the said N. as that which the said N. hath by the gift of the aforesaid E. And that he hath remised and quite claimed from himself and his heirs to the aforesaid N. and his heirs for ever. And the aforesaid E. hath granted to the aforesaid N. the aforesaid rent, together with homage, and all service of the said J. H. and his heirs, for so many tenements as the aforesaid E. first held in F. aforesaid, to have, perceive and enjoy the aforesaid rent, together with the homage and all the service to the aforesaid N. and his heirs for ever. And the aforesaid E. and his heirs will warrant to the aforesaid N. and his heirs, the aforesaid acre of land, and the rend aforesaid, with the appurtenances, together with the homage and all the service aforesaid (so as it is said) against all men for ever. And for this, &c,   

A Fine of a Manor, and Knights fees, and services by the Husband and Wife, and others.  
BBtween H. W. and J. B. plaintiffs, and T. M. Knight, and T. son of the same T. and E. wife of the same T. the Son. and W. M. Deforcients, of the Manor of T. with the appurtenances, whereof plea of Covenant was summoned between them in the same Court, (to wit) that the aforesaid T. T. E. and W. have recognised the aforesaid Manor, with the appurtenances, to be the right of him the said H. as that which the same H. and I. have by the gift of the aforesaid T. T. E. and W. together with seven Knights Fees in the same Manor. And have granted to the aforesaid H. and I. the aforesaid Manor and Fees, with the appurtenances, together with the homages and all services of M. W. and I. N. and their heirs, of so many Tenements, as of the aforesaid T. T. E. and W. first they held in the same Manor, and those to them they have rendered in the said Court. To have and to hold to the same H. and I. and the heirs of the said H. of the chief Lords of that fee, by the services which to the aforesaid Manor and Fees pertain for ever. And moreover the same T. T. E. and W. have granted for themselves, and the heirs of him the said E. that they will warrant to the aforesaid H. and I. and the heirs of him the said H. the aforesaid Manor and Fees, with the appurtenances, as aforesaid, against all men for ever. And for this Recognisance, Grant, Warranty, Fine, and Concord, the said H. and I. have given to the aforesaid T. T. E. and W. twenty pounds sterling.   

An old Fine in Frank almonie, before Justices in Eyre, in Anno 55. of King Henry the third.  
THis is the final Concord made in the Court of the Sovereign Lord the King at Lincoln, in 8 days of St. Michael. In the year of the reign of Henry Son of King John the 55. before R. A. G. P. W. W. W. H. and I. O. Justice's Itinerate, and others of the Sovereign Lord the King's faithful Subjects then there present, between J. D. plaintiff, and the Prior of C. Deforcient of the Advowson of the Church of D. with the appurtenances, whereof plea of Covenant was summoned between them in the same Court (to wit) that the aforesaid I. hath recognised the aforesaid Advowson, with the appurtenances to be the right of him the said Prior, and of his Church of S. Mary of C. as that which the said Prior and his Church have by the gift of W. Son of W. ancestor of the said I. whose heir he is: To have and to hold to the said Prior, and his successors, and his Church aforesaid, of the aforesaid I. and his heirs, in pure and perpetual free alms, free and quit from all secular service and execution for ever: and the aforesaid I. and his heirs, will warrant, acquit, and defend the same Prior, and his successors, and his Church, the aforesaid advowson, with the appurtenances, etc. And for this, etc. the same Prior hath remitted to the aforesaid I. all the benefits and prayers, which hereafter shall be made in his Church aforesaid for ever.   

A Concord of lands in the County Palatine of Lancaster.  

Lancaster.  THis is the final Concord made in the Court of the Lord Protector at L. the 15 day of June, in the year of our Lord 1654. before I C. third Baron of the Exchequer of the Lord Protector, and F. R. one of the Sergeants of the Lord Protector at Law, Justices of the Lord Protector at L. and other faithful men of the Lord Protector then there present, between H. T. and R. H. plaintiffs, and W. C. Gent. Deforcient, of one Message, etc. with the appurtenances in T. whereof plea of Covenant was summoned between them in the same Court (to wit) that aforesaid W. hath recognised, etc.   

A Lease for years, reserving a rent.  

Ebor. ss.  COmmand F. T. and M. his Wife, that justly, etc. they hold to I. H. and K. his Wife Covenant, etc.  
And the Concord is such (to wit) that the aforesaid E. and M. have granted the Tenements aforesaid with the appurtenances, to have and to hold to the said I. and K. from the Feast, etc. which shall be in the year, etc. to be complete, if the aforesaid M. shall so long live; yielding therefore at the Feasts, etc. by equal portions to be paid, during all the Term aforesaid, etc. And if it happen, etc. Quaere, whether this be a good lease at this day against issue in tail.   

A Lease for years, rendering rend.  

Ebor. ss.  COmmand T. P. Esq; and W. Gent. that justly etc. they hold to I. W. and E. M, Covenant, etc. of one message, etc. with the appurtenances in H. and B. and of a free fishing in the water of B. and unless, etc.  
And the Concord is such (to wit) that the aforesaid T. and W. have recognised the tenement and free fishing aforesaid, with the appurtenances, to be the right of him the said I. as that which the said I. and E. have by the gift of the aforesaid T. and W. and that they have remised and quite claimed from themselves, and their heirs to the aforesaid I. and E. and the heirs of him the said I. for ever; And furthermore the said T. and W. have granted for themselves and the heirs of him the said T. that they will warrant the tenement and free fishing aforesaid, with the appurtenances, to the aforesaid I. and E. and the heirs of him the ●aid ●. against all men for ever▪ and for this recognizance, remise, quite claim, warranty, fine, and concord the said I. And E. have granted to the aforesaid. W. the tenement and free fishing aforesaid, with the appurtenances, and that to him they have rendered in the same Court. To have and to hold the tenement and free fishing aforesaid, with the appurtenancs to the aforesaid W. and his assigns, from the Feast of St. Martin in winter last passed, unto the end of the term of 60 years from thence next following, and fully to be complete, yielding therefore yearly to the aforesaid ●. and E. and the heirs of him the said I. the yearly rent of 3 l. 6 s. 8 d. of lawful money of England, at the Feasts of St. M. and P. by equal portions during the Term aforesaid to be paid. And if it happen the aforesaid yearly rent of 3 l. 6 s. 8 d. to be in arrear, and unpaid in part or in all by the space of XX days next after any of the aforesaid Feasts, at which it ought to be paid, that then and from thenceforth, it shall and may be lawful for the said I. and E. and the heirs of him the said I. into the said tenement with the appurtenances to enter and distrain, and the distresses so there taken and had lawfully to take drive and lead away & in his custody, to retain until of the said yearly rend, of 3 l. 6 s. 8 d. together with the arrearages thereof, if any shall be to him, he shall be fully satisfied and paid: also the said I. and E. have granted to the aforesaid T. as well the reversion of the tenements and free fishing aforesaid with the appurtenances, as the aforesaid rent, of 3 l. 6 s. 8 d. thereupon reserved; And those to him they have rendered in the said Court. To have and to hold aswell the reversion of the tenements and free fishing aforesaid, with the appurtenances, as the aforesaid rent of 3 l. 6 s. 8 d. thereupon reserved to the foresaid T. and his heirs for ever, to hold &c ut supr.   

A Lease for years by Fine, by one and his Wife.  

Ebor. ss.  COmmand C. and A. his wife that justly etc. they hold to W. S. and I. his wife, covenant etc. of etc. exexpressing the tenements etc.  
And the Concord is such, (to wit) that the aforesaid C. and A. have recognised the tenements aforesaid, with the appurtenances, to be the right of him the said W. as those which the said W. and I. have by the gift of the said C. and A. And those they have remised and quite claimed from themselves and their heirs to the aforesaid W. and I. and the heirs of him the said W. for ever. And moreover etc. and for this etc. the aforesaid W. and I. have granted the tenements aforesaid, with the appurtenances, to the said C. and A. and those to them they have rendered in the same Court. To have and to hold the tenements aforesaid, with the appurtenances, to the said C. and A. and their assigns, from the Feast of St. Michael the Archangel last passed, unto the end of the Term, and for the Term of 40 years, than next following, and fully to be complete; And furthermore the said W. and I. and the heirs of the said W. will warrant the tenements aforesaid, with the appurtenances, to the aforesaid C. and A. and their assigns during the Term aforesaid against all men. And for this etc. ut sup.   

A Lease by Tenant for life, for 21 years, if she live so long.  

York ss.  COmmand I. P. Gent. and E. his wife, and R. L. Esq; that they hold to I. M. Covenant, etc.  
And the Concord is such (to wit) that whereas the aforesaid I. P. and E. have and do hold to them for term of the life of her the said E. the aforesaid tenements and fishing, with the appurtenances, (the reversion thereof after the descease of the said E. to W. T. and his heirs belonging) the same I. F. and E. and R. have granted to the said I. M. the aforesaid tenements and fishing, with the appurtenances, to have and to hold to the said I. and his assigns during the life of the said E. And furthermore the aforesaid I. F. and E. and R. will warrant to the said I. M. and his assigns, the tenements and fishing aforesaid, with the appurtenances, (as it is said) against the aforesaid I. F & E. all the life time of the said E. And for this grant, warranty, fine and concord, the same I. M. hath granted to the aforesaid R. the tenements and fishing aforesaid, with the appurtenances, and those to him he hath rendered in the same Court. To have and to hold the tenements and fishing aforesaid, with the appurtenances to the same R. for the term of 21 years next following, and fully to be complete, if the said E. shall so long live, yielding therefore yearly: to the aforesaid I. M. and his assigns, 14. pounds at the Feasts etc. by equal portions yearly to be paid all the life time of the said E. and if it happen etc. the aforesaid I. M. also granteth to the aforesaid I. P. and E. the reversion of the Tenements and Fishing aforesaid, with the appurtenances, and the rend aforesaid thereupon reserved, and those to them he hath rendered in the same Court. To have and to hold to the said J. F. and E. of the chief Lords of that Fee, by the services which unto the tenements and fiishing aforesaid, with the appurtenances, do belong, all the life time of the sa●d E. And after that term ended, the Ten. aforesaid, with the appurt. shall wholly remain to P. and his assigns for the term of 21 years after the Feast of St. Martin in Winter, next to come, immediately following, and fully to be complete: yielding therefore yearly to the aforesaid P. and E. and the heirs of the said P. all the Term aforesaid one red rose at the Feast of St. John the Baptist, yearly to be paid, if it shall be demanded. And after that Term ended, the Tenements aforesaid with the appurtenances shall wholly remain to the aforesaid E. and M. and the heirs of the said E. for ever of the chief Lords of that Fee, by the services which unto the aforesaid tenement do belong for ever.   

A lease to the Wife for 21 years, to commence after her Husband's death, reserving a rent, the Conusees grant back the same reversion and rent.  

South. ss.  COmmand C. C. Esq; and D. his W●fe, and R. B. Gent. that they hold to H. M. and C. M. Covenant, etc. of two Messages, with the appurtenances, in little S. And unless, &c,  
And the Concord is such, (to wit,) that the aforesaid C. and D. and R. have recognised the tenements aforesaid, with the appurtenances, to be the right of him the said H. as those, etc. and those they have remised, etc. And furthermore, etc. And for this, etc. the aforesaid H. and C. have granted to the aforesaid R. the Tenements aforesaid, with the appurtenances, and those to him they have rendered in the same Court. To have and to hold the Tenements aforesaid, with the appurtenances, to the aforesaid R. all the life time of the said R. and immediately after the decease of the said R. the tenements aforesaid, with the appurtenances, shall wholly remain to M. the Wife of the said R. her executors or assigns, for the Term of 21 years from thence next following, and fully to be complete: yielding therefore yearly to the aforesaid H. and C. and the heirs of the said H. one annuity or yearly rent of 5 pounds of lawful money of England, at the Feast of St. Martin the Bishop, and Pentecost, by equal portions yearly, during the said Term to be paid. The first payment thereof to begin at the next feast of the feasts aforesaid after the decease of the aforesaid R. And if it happen the aforesaid annuity or yearly rent of 5 l. to be in arrear, etc. Also the aforesaid H. & C. have granted to the said C. C. & D. as well the reversion of the Tenements, with the appuetenances, as the aforesaid Rent of 5 l. thereupon reserved. And those to them they have rendered in the same Court. To have, hold and perceive the aforesaid reversion of the tenements aforesaid, with the appurtenances and the rend aforesaid to the aforesaid C. C. and D. and the heirs of her the said D. for ever.   

A Fine of a remainder for years.  

York ss.  COmmand, etc. C. N. and T. T. that they hold to M. B. and E. D. Covenant, etc. of, etc. And unless, etc.  
And the Concord, etc. that whereas I. R. hath and holdeth ●● himself, and the heirs ●● his body lawful begotten, the tenements aforesaid, with the appurtenances (the remainder thereof after the decease of the said I. if the said I. shall die without heir of his body lawfully begotten, to the aforesaid C. and his heirs belonging) the said C. and T. have granted the tenements aforesaid, with the appurtenances, to the aforesaid M. and E. and the heirs of M. for ever. To hold, etc. And the aforesaid C. and his heirs will warrant to the aforesaid M, and E. and the heirs of him the said M. the Tenements aforesaid, with the appurtenances, as aforesaid, against all men for ever. And for this grant render warranty fine and Concord, the said M. and E. have granted to the aforesaid T. the tenements aforesaid, with the appurtenances, and those to him they have rendered, etc. To have, etc. to the said T. and his assigns from the Feast of St. Martin in Winter, next after the decease of the aforesaid J. if the said J. shall die without heir of his body lawfully begotten, unto the end of the term, & for the term of one thousand five hundred years from thence next following, and fully to be complete, without impeachment of any waist: yielding therefore yearly to the aforesaid M. and E. and the heirs of him the said M. one penny at the Feast etc. yearly to be paid all the term aforesaid, if it shall be demanded. And after that term ended; the aforesaid Tenements with the appurtenances wholly shall remain to P. T. one of the Sons of the aforesaid T. and the heirs of him the said T. for ever, etc. ut supra.   

A Lease in reversion, paying rend.  

North. ss.  COmmand A. B. and E. his Wife, ●hat they hold to C. D. Covenant, etc. of one Message, etc.  
And the Concord is such (to wit) that the aforesaid A. B. and E. have granted the tenements aforesaid, with the appurtenances, to the aforesaid C. D. and his assigns. And those in the same Court to the aforesaid C. D. have rendered. To have and to hold to the same C. D. from the Feast of Pentecost, which shall be in the year of our Lord, etc. unto the end of the Term of one and twenty years from thence next following, and fully to be complete: yielding therefore yearly to the aforesaid A. B. and E. and the heirs of him the said E. seven pounds of lawful money, etc. at the Feasts of St. M. the Bishop, in winter, N. A. & P. by even portions yearly, during the term aforesaid to be paid. And for this etc.   

A Lease to divers for 90 years, if the parties live so long, reserving a rent, and the best beast after the death of every Tenant, in the name of an Herriot.  

Lond. ss.  COmmand I. R. Esq; and M. his Wife, and T. B. that they hold to R. C. and V C. covenant of one Message etc.  
And the Concord is such, (to wit) that the aforesaid I. M. and T. have recognised the tenements aforesaid, with the appurtenances, to be the right of him the said V as those etc. With a release and warranty. And for this etc. the said R. and V have granted to the aforesaid T. B. the aforesaid tenements, with the appurtenances, and those to him they have rendered in the same Court. To have and to hold to the same T. and I. his Wife B. B. and T. ●. son of the said T. so long as they shall live, or so long as any one of them shall live: yielding therefore yearly to the said R. and V and the Heirs of him the said V. 4 pounds of lawful money of England, at the Feasts of the Annunciation of the blessed Virgin Mary, of the nati●vity of St. John the Bapt●ist, St. Michael the Archangel, and the nativity of our Lord, by equal portions yearly to be paid all the Term aforesaid, and paying after the decease of T. B. the Father, and after the decease of every Tenant, thereof, his best Beast, in the name of an Herriot. And if it happen the aforesaid rent of 4 l. to be behind and unpaid in part, or in all, after any Feast of the said Feasts in which as aforesaid it ought to be paid or if it happen the aforesaid best Beast in name of a Heriot to be unpaid or subst●acted as aforesaid to be paid after the decease of every one of the Tenants of the premises, That then it shall be lawful for the aforesaid R. and V And the Heirs of him the said R. into the aforesaid Tenement, with the appurtenances, to enter and distrain, & the distresses so there taken and had, lawfully to lead bear and drive away, and in his custody to retain until of the aforesaid rent of four pounds and the arrearages thereof (if any shall be) together with the best Beast aforesaid, when it shall happen fully shall be satisfied and paid: also the aforesaid R. and V have granted to the said I. and M. the reversion of the Tenements aforesaid, with the appurtenances, the said rend of 4 pounds and the aforesaid rent of the best Beast in the name of an Heriot above reserved; And those to them they have rendered in the said Court. To have and to hold to the said I. and M. and the heirs of the said I. and M. and the heirs of the said I. of the chief Lords of that fee for ever, etc.   

A Lease reserving a Rent of 20 l. With a nomine paene and a distress.  

Midds. ss.  COmmand E. P. Esq; and M. his Wife and R. B. that they hold to I. R. and T. S. Covenant of one Message, etc.  
And the Concord is such (to wit) that the aforesaid E. P. M & R. B. have recognised the Tenements aforesaid with the appurtenances, to be the right of him the said I. & T. as those which the said I. T. have by the gift of the said E. M. & R. (with a Release and warranty and for this etc. The said I▪ I. & T. have granted to the said R. the Tenem. aforesaid with the appurtenances, & those to him they have rendered in the said Court; To have & to hold, to the said R. from the feast of St. Michael last passed, for the term of 31 years from thence next following, and fully to be complete, yielding therefore yearly to the said I. and T. and the Heirs of him the said I twenty pounds. of lawful money of England, at two Terms of the year, (to wit) at the Feast of the Annunciation of the blessed Virgin Mary, and of St. Michael the Archangel by equal portions. yearly to be paid all the term aforesaid. And if it happen the aforesaid rent of 20 l. or any parcel thereof to be in arrear and unpaid in part or in all, by the space of forty days after any Feast of the said Feasts in which the same aught to be paid, that then the aforesaid R. shall forfeit to the said I. and T. & the Heirs of the said I 5. pounds in name of a pain, and that then and so often it shall be lawful for the said I. and T. and the Heirs of the said I. into the aforesaid Tenements with the appurtenances to enter and distrain, and the distresses so there taken and had, lawfully to lead, bear, and drive away, and in their custody to retain, until aswell of the aforesaid 20. pounds as of the aforesaid 5. pounds in the name of a pain as aforesaid forfeited, with the arrearages thereof, (if any shall be) he shall be fully satisfied and paid. Also the aforesaid I. and T. have granted to the aforesaid E. and M. the aforesaid Tenements with the appurtenances, and the aforesaid rent of 20. pounds thereupon reserved, and the aforesaid sum of 5 l. in the name of a pain. And those to them they have rendered in the said Court. To have and to hold to the said E. and M. and the Heirs of the body of him the said E. lawfully begotten; To hold etc. And for default of such Issue the remainder thereof to W. W. and his heirs for ever. To hold, etc.   

A Fine upon grant and render to one for term of life, without impeachment of waist and for 16 years after her death, than the one moiety to one in fee, and the other to another.  

York ss.  COmmand E. A. Widddow late Wife of W. A. W. Knight deceased, that she hold to T. E. Covenant of the moiety of the Manor, of H. etc.  
And the Concord is such (to wit) that whereas E. A. hath recognised, etc. And for this, etc. the same T. E. hath granted to the aforesaid E. A. the moiety aforesaid, with the appurtenances. And that to her hath rendered in the same Court. To have and to hold the aforesaid moiety of the Manor, etc. to the aforesaid E. A. for the term of her life, without impeachment of any waist, of the chief Lords of that Fee, by the services which unto the aforesaid moiety do belong, all the life time of the said E. and for the term of sixteen years, from thence next following, after the death of the aforesaid E. and after the aforesaid Term of 16 years ended and determined, that then one moiety of the aforesaid moiety of the Manor aforesaid, etc. with the appurtenances, shall remain to B. G. now Wife of G. Esq; and the heirs of her the said B. to hold of, etc. And the other moiety of the aforesaid, moiety of the Manor, etc. aforesaid with the appurtenances, shall remain to E. G. now Wife of N. G. and the heirs of her the said E. to hold of the chief, etc.   

A Render for life, the reversion to one, and his heirs males, the remainder to another, and his heirs.  

Essex ss.  COmmand N. A. and W. that they hold to R. C. and T. C. Covenant of three Messages,  
And for this, etc. the said R, and R. have granted to the aforesaid W. the tenements, with the appurtenances. And those to him they have rendered in the same Court. To have and to hold to the same W. and his assigns. To hold of the chief Lords of that Fee, by the services, which unto the aforesaid tenements do belong, all the life time of him the said W. and after the decease of him the said W. the said tenements, with the appurtenances wholly shall remain to I. C. and the heirs males of the body of him the said I. lawfully begotten. To hold etc. And if there be no heir of the body of the said J. lawfully begotten, than the said tenements, with the appurtenances, shall wholly remain to I. C. the brother of the aforesaid I. and his heirs for ever. To hold, etc.   

A Lease for life, the remainder for life to the Wife, in the name of her Jointure, with the remainder in tail.  
ANd the Concord is such, etc. And after the decease of him the said J. the aforesaid, etc. with the appurtenances, wholly shall remain to I. W. the Daughter of I. W. in the name of a Jointure, whom (God willing) the said I. C. will take to his Wife, to hold of the chief Lords, etc. all the life time of her the said I. and after the decease of her the said I. the aforesaid, etc. with the appurtenances wholly shall remain to the heirs males of the body of the aforesaid I. C. lawfully begotten. To hold of the chief Lords, etc.   

A Fine where the Husband buyeth lands, and granteth them again to the Cognisors for his Wife's life.  

York. ss.  COmmand T. C. Esq; W. R. Esq; T. P. Esq; and L. B. Gent. that they hold to J. D. and E. his Wife, the Covenant of the Manor of C. N. and E. with the appurtenances, and of 200 Messages, etc. and of twenty pounds rend, with the appurtenances, in C. N. and B. And unless, etc.  
And the Concord is such (to wit) that the aforesaid T. C. W. R. T. P. and L. have recognised the Manors, Tenements, and rends 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, etc. the same I. and E. have granted to the aforesaid T. C. W. R. T. P. and L. the aforesaid Manors, Tenements, and Rent, with the appurtenances, and those to them they rendered 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. W. R. T. P. and L. the aforesaid Manors, Tenements and Rent, with the appurtenances, (as it is said) against all men, during the life of her the aforesaid E. etc.   

A Concord of divers Tenements, Rents, of a Rectory, and Advowson, etc.  
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, etc. before E. A. T. M. F. W. W. P. Justices, and other faithful men then there present, between I. B. Gent. and R. Gent. Plaintiffs, and R. C. the elder, Gent. and R. C. of Gray's Inn in the County of Middlesex, Gent. Deforcients, of 100 Messages, 100 Cottages, 2000 acres of Land, 1000 acres of Meadow, 2000 acres of Pasture, 100 acres of Wood, 1000 acres of Furs and Heath, and 100 shillings rend, 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 Messages, the one by a Coparcenor of his part etc. to two strangers.  
THis is the final Concord made in the Court, etc. between G. I. and W. W. Plaintiffs, and I. C. and I. his wife Deforcients of the fourth part of 2 Messages. 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 rendered 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 waist. 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, etc. 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, etc. to hold of the chief, etc. for ever. And if it happen that the said P. shall die, etc. 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, etc. To hold of the chief, etc. for ever. And if it happen that the said R. shall die, etc. 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 Tenant 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, etc. they hold to I. L. and E. E. Covenant of one Message, etc. also of the third part, in three parts to be divided of 4 Messages, with the appurtenances, etc.  
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 Message, with the appurtenances, in the aforesaid Towns of T. and B, parcel of the Tenements, aforesaid, and the aforesaid third part of four Messages, etc. 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. 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, etc. 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 Message, 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 Manor of H. with the appurtenances, etc.  
And the Concord is such (to wit) that whereas E. A. Widow, late Wife of W. A. deceased, hath and holdeth the aforesaid moiety of the Manor 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 waist. And that after the death of the said E. the aforesaid moiety of the Manor, 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 waist. 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 Manors, 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 Manor, 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 Manor, 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, etc. the said F. hath granted to the aforesaid W. G. and B. N. G. and E. the aforesaid reversion of the moiety of the Manor, Tenements, and Fishing aforesaid, with the appurtenances. And those to them he hath rendered in the said Court. To have and to hold the said reversion of the moiety of the Manor, 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 complete, without impeachmhnt of any waist.   

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 Messages etc. in S. And that unless, etc.  
And for this etc. The said W. and O. have granted to the aforesaid I. the Tenements aforesaid with the appurtenances, And those to him they have rendered 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 etc. 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. Son 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 etc. And if it happen that the said E. shall die, 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 etc. for ever.   

A Fine of two Reversions.  

York. ss.  COmmand R. N. and A. his Wife, that they hold to G. E. Covenant etc. of two Messages, one cottage etc. 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, etc. parcel 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 etc. Also the aforesaid R. and A. have granted that the aforesaid 2 Messages. etc. theresidue of the Tenements aforesaid with the appurtenances in N. aforesaid, which W. P. and D. his Wife, hold for term of the life of her the said D. of the Inheritance, etc. ut antea. And furthermore the aforesaid R. and A. and the Heirs of him the said R. will warrant the Tenements aforesaid with the appurtenances to the aforesaid G. and his heirs as (●t is said,) against the aforesaid R. and A. and the Heirs of him the said R. for ever. And for this etc.   

A grant to the Cognisee, and his Wife, and the Heirs of their two bodies, with Warranty.  

York. ss.  COmmand H. F. Gent. that justly, etc. he hold to H. M. and I. his Wife, covenant etc. of the Tenements in S. And unless, etc.  
And the Concord is such (to wit) that the aforesaid H. F. hath granted the Tenements and rend aforesaid with the appurterances to the aforesaid H. W. and I. And those to them he hath rendered in the said Court. To have and to hold to the said H. W. and I. and the Heirs of the bodies of them the said H. W. and I. between them lawfully begotten. To hold etc. and the aforesaid H. F. and their Heirs will warrant to the aforesaid H. W. and I. and the heirs of the body of them the said H. W. and I. between them lawfully begotten, the Tenements aforesaid (as it is said) against all men, for ever. And for this, etc.   

A Grant, with a Render back again, for life, with Remainders in tail dividing the Lands.  

Hereff. ss.  COmmand N. B. and A. his wife that they hold to T. R. and R. G. Covenant etc. of one Message etc. with the appurtenances in E. etc.  
And the Concord is such (to wit) that the aforesaid etc. with Release and warranty, etc. and for this etc. the said T. R. have granted to the aforesaid N. and A. the Tenements aforesaid, with the appurtenances. And those to them they have rendered in the said Court. To hold to the said N and A. for the lives of them the said N. and A. and the life of the longer liver of either of them, without impeachment of waste, all the life time of the said A. To hold etc. And after the decease of them the said N. and A. one Message etc. with the appurtenances in F. aforesaid, being parcel of the Tenements aforesaid, shall remain to T. B. one of the Sons of the aforesaid N. and A. and the Heirs male of the body of the aforesaid T. lawfully begotten, and then after the decease of the said T. the aforesaid Tenements, being parcel of the aforesaid Tenements, wholly shall remain to I. B. one other of the Sons of the aforesaid N. and A. & the Heirs Males of the body of him the said I. lawfully begotten. To hold etc. And if it happen, etc. after the decease of the said I, the aforesaid Tenements, parcel of the said Tenements, shall wholly remain to B. F. one other Son of the aforesaid A. and the Heirs males of the body of the aforesaid B. lawfully begotten. To be held, etc. And if it happen etc. that then the Tenements aforesaid shall remain (to divers others) and the right Heirs of the aforesaid D. for ever. To hold, etc. And furthermore the aforesaid T. and R. have granted, that after the decease of the aforesaid N. B. and A. his wife, 44 acres of Land, 2 acres of Meadow, etc. with the appurtenances in B. aforesaid being residue of the aforesaid Tenements shall wholly remain to the aforesaid B. F. and the Heirs of his body lawfully begotten. To hold etc. And if it happen that the said B. shall die without Heir of his body lawfully begotten, that then after the decease of the said B. the Residue of the aforesaid Tenements, shall wholly remain to the aforesaid T. F. and his Heirs and assigns for ever.   

A Fine to entail Lands to the Heirs of o●● deecased  

Leicester. ss.  COmmand I. C. Esq; that he hold to M. C. Widow, Covenant of three Messages, etc.  
And the Concord is such, that the aforesaid I. hath granted to the said M. the aforesaid Tenements, with the appurtenances. And that to her hath rendered in the said Court. To have and to hold to the said M. and the Heirs of the body of her the said M. of the body of I. C. lately her Husband deceased, lawfully begotten, of the chief etc. And if it happen that the said M. shall die without Heir on her body of the body of the said I. C. lawfully begotten, then after the decease of her the said M. the aforesaid Tenements; with the appurtenances, shall wholly remain to the right Heirs of the said I. C. deceased. To hold etc. And the aforesaid I. C Esq; and his Heirs will warrant to the aforesaid M. and the Heirs of her body, of the body of the aforesaid I. C. deceased, and also to the right Heirs of him the said I. C. if the said M. shall die without Heir of her body, of the body of the said I. C. deceased lawfully begotten, the aforesaid Tenements, with the appurtenances (as is said) against the aforesaid I. C. Esq; and his Heirs for ever. And for this etc.   

A Grant by a Duke and his wife, as in the right of his wife, to the Conusee for life of the Tenant for life, with warranty: a Render to the Cognisor for the Wife's life, to convey her title to her Husband.  
COmmand. T. Duke N. and M. his wife, that they hold to T. T. Esq; Covenant etc. of the Tenements in W. and unless, &c,  
And the Concord is such, (to wit) that the aforesaid Duke and M. have granted to the aforesaid T. T. the Tenements aforesaid, with the appurtenances, and whatsoever the said Duke and M. have in the Tenements aforesaid with the appurtenances, for term of ●ive of her the said M. And those to them they have rendered in the said Court. To have and to hold to the said T. T. and his Heirs of the chief Lords of that Fee, by the services which unto the said Tenements with the appurtenances do belong, all the life time of her the said M. And furthermore the said T. and M. have granted for themselves, that they will warrant to the aforesaid T. T. and his Heirs, the Tenements aforesaid, with the appurtenances, against all men, all the life time of the said M. And for this etc. the said T. T. hath granted the Tenements aforesaid, with the appurtenances to the aforesaid Duke, and those to him he hath rendered in the said Court. To have and to hold the said Tenements, with the appurtenances, to the said Duke and his Heirs all the life time of the said M. to hold ut supra.   

A Concord o● a moiety of divers things in p●●●ession, and of a reversion in Fee.  
THis 〈…〉 final Concord made &c. be●●●en ●. ●. and ●. H. Plaintiffs. & T. N. & I. his wife; one of the Cousins and Heirs of R. E. Defortients of the Moiety of the Manors of W. and R. with the appurtenances, and of the Moiety of 80 Messages, 40 acres of Land, 300 acres of Meadow, 50 acres of Pasture, 100 acres of Wood, 30 acres 〈…〉, and Heath, 160 acres of Moor, 200 acres of Marish, and 20 shillings rend with the appurtenances in W. R. W. P. T. 〈…〉 of the advowson of the Moiety of the 〈◊〉, of E. W. P. and R. and 〈…〉 of the Moiety of the 〈…〉 of L. whereof Plea of Covenant 〈…〉 between them in the 〈…〉 that the aforesaid T. and ●. ●ave 〈…〉 the aforesaid Moieties with the appurt●nances, and the advowsons aforesaid to ●e ●●e right of him the said A. of which the said A. and L. have by gift the Moiety aforesaid, of the Manor of R. with the appurtenances, also the Moiety of 80 Mess●●ge●. 260 acres of Land, 100 acres of Meadow. ●00 acres of Pasture. 80 acres of Wood, 200 acres of Ling and Heath, 140 acre; of Maris●, 100 acres of Moor, and six pounds six shillings rend, with the appurtenances in R. T. H etc. and also the advowson of the moiety of the Church of R. and the advowson of the moiety of the Monastery or Priory of L. parcel● of the Moiety of the Manors, Tenements, rend, and advowsons aforesaid, by the gift of the aforesaid T. and I. and those they have remised and quite claimed, from them the said T. and I. and the Heirs of him the said I. to the aforesaid A. and L. and the Heirs of him the aforesaid A. for ever. And furthermore the said T. and I. have granted for themselves and the Heirs of h●m the said I. that the moiety of the Manor of W. and the moiety of 30 Messages 250. acres of Land, 100 acres of Meadow, etc. with the appurtenances in W. P. E. and W. aforesaid, and the advowsons of the moiety of the Churches of P. E. and W. aforesaid, being the residue of the moiety of the Manors, Tenements, rend, and advowsons aforesaid, which E. E. holdeth for term of her life of the inheritance of the aforesaid I. the day that this Concord was made, and which after the decease of the said E. E. unto the aforesaid T. and I. and the Heirs of him the said I. ought to revert, after the decease of her the said E. E. wholly shall remain to the aforesaid A. and L. and the Heirs of him the said A. to hold together with the aforesaid moiety and advowson, which to them by this Fine do remain of the chief Lords of that Fee, by the services which unto those moieties and advowsons do belong for ever. And the aforesaid T. and I. and the Heirs of him the said I. will warrant to the aforesaid A. and L. and the Heirs of him the said A. the aforesaid moieties, with the appurtenances, and the advowsons aforesaid, (as aforesaid) against all men for ever. And for this recognizance, remise, quite claim, warranty, fine, and Concord, the said A. and L. have granted to the aforeaid T. and I. the aforesaid Moiety o● the Manor of R. and the moiety o● the Tenements with the appurtenances aforesaid, in R. T. H. etc. aforesaid. Also the advowson of the moiety of the Church of R. aforesaid, & the advowson of the moiety of the Monastery or Priory of I. aforesaid, and those to them they have rendered in the said Court. To have and to hold to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee, by the services which unto those moieties and advowsons do belong for ever. And also the said A. and L. have granted the aforesaid moiety of the Manor of W. with the appurtenances, and the aforesaid Moiety of the the Tenements with the appurtenances in W. P. E. etc. aforesaid to the said T. and I. and those also have rendered in the said Court. To have and to hold immediately after the death of the aforesaid E. E. to the said T. and I. and the Heirs of him the said I. of the chief Lords of that Fee, by the services which unto that moiety and advowson do belong for ever.   

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.  
ANd the Concord is such etc. that the aforesaid A. hath recognised the Tenements aforesaid, with the appurtenances, to be the right of him the said I. as those which the said I. and D. have by the gift of the aforesaid A. and those he hath remised, etc. and for this etc. the said I, and D. have gran-to the aforesaid A. the Tenements aforesaid with the appurtenances, And those to him they have rendted in the said Court To have and to hold to the said A. and the Heirs of the body of him the said A. lawfuly begotten and for default of such issue, than the Tenements aforesaid with the appur●enances whloly shall remain to the Heirs of the body of R. T. Son of the aforesaid A. and the Heirs of the body of them lawfully begotten, and for default of such issue, than the Tenements aforesaid, with the appurtenances, shall remain to D. E. and his Heirs for ever, etc.   

A Grant of Lands in tail, to be holden of the Grantor in Soccage.  

York. ss.  COmmand S. B. Esq; that he hold to W. S. Covenant of three Messages etc. with the appurtenances in C. And unless etc.  
And the Concord is such, (to wit) that the aforesaid S. hath granted to the aforesaid W. the Tenements aforesaid, with the appurtenances, and those to him he hath rendered in the said Court. To have and to hold to the said W. and the Heirs of his body lawfully begotten, of the aforesaid S. and his Heirs in Soccage, by Fealty only for all services and demands which unto the aforesaid Tenements do belong for ever. And if it happen that the said W. shall die without Heir of his body lawfully begotten, then after the decease of him the said W. the Tenements aforesaid, with the appurtenances, shall wholly remain to I. S. Grandfather of the aforesaid W. and the Heirs of the body of him the said I. lawfully begotten. To hold, etc. (ut antea) And if no Heir of the body of the said I. shall be lawfully begotten, than the aforesaid Tenements with the appurtenances, shall wholly revert unto the aforesaid 〈◊〉 and his Heirs, quite from other Heirs of the aforesaid W. and I. to hold of the chief etc. And furthermore the aforesaid S. and his Heirs will war●ant to the aforesaid W. and the Heirs of his body lawfully begotten, and to the aforesaid I. and the Heirs of his body lawfully begotten, if the said W. shall die without heir of his body lawfully begotten, the aforesaid Tenements with the appurtenances (as it is said) against all men for ever, And for this etc.   

A Grant of Lands in tail to be holden, of the Grantor by suit of Court, and six shillings rend.  

Essex. ss.  COmmand I. G. Gent. that he hold to P. I. Covenant of 16 acres of Moor, with the appurtenances in K. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid I. hath granted to the aforesaid P. the Tenements aforesaid with the ppurtenances. and those to him he hath rendered in the said Court. To have and to hold the Tenements aforesaid, with the appurtenances, to the aforesaid P. and the Heirs of his body lawfully begotten, To hold of the said I. and his Heirs by Knight service and suit of his Court at K. twice a year, and yielding yearly to the aforesaid I. and his Heirs six shillings etc. at the Feasts, etc. by equal portions yearly for ever to be paid. And the aforesaid, I. will warrant the Tenements aforesaid with the appurtenances, to the aforesaid P. and the Heirs of his body lawfully begotten (as it is said) against the aforesaid I. and his Heirs for ever. And for this, etc.   

A Fine of Knight's Service, Castle-gard, and Murage, upon a writ of Customs and Services.  
THis is the final Concord, made in the Court of our Sovereign Lord, the King at Westminster, from the day of St. Michael in 15 days in the year of the reign of King H. Son of King J. the one and fiftieth, before G. D. P. and R. of M. Justices, and other of the Sovereign Lords, faithful subjects then there present, between W. of P. Plaintiff, and H. B. Deforcient, of the Customs and Services which the said W. did require of the aforesaid H. for his Freehold, which the aforesaid W. holdeth in W. and W. (to wit) of one Knights fee and a half, with the appurtenances. And whereupon the said W. demanded of the aforesaid H. that he should do to him for Castle-gard of B. when it shall happen, and for the Murage of the said Castle, when it shall be necessary, as much as doth belong to the aforesaid Tenement, which services the said H. to him hath not acknowledged. And whereupon Plea between them in the said Court was summoned (to wit) that the aforesaid W. hath granted for himself and his Heirs, that the aforesaid H. and his Heirs, and their Tenants of the honour of B. be quit from the aforesaid Services for ever: saving to the said W. and his Heirs, all other Services unto the aforesaid Tenement belonging. And for this grant, fine, and Concord, the said H. hath given, by the assent and will of the said Sovereign Lord the King that granteth it etc. This old Fine is in Dyer fo. 179. pla. 46.   

A Fine of a Manor in Possession, and other Lands in reversion.  

Salop. ss.  COmmand W. B that he hold to F. R. Covenant of the Manor of R. with the appurtenances, etc.  
And the Concord is such, (to wit) that the aforesaid W. hath recognised the Manor and Tenements aforesaid, with the appurtenances, to be the right of him the said F. of which the said F. hath the aforesaid Manor with the appurtenances, two Messages with the appurtenances in R. aforesaid, parcel of the Tenements aforesaid, by the gift of the aforesaid W. and those he hath remised, etc. And hath granted for himself and his Heirs, that two Messages with the appurtenances in R. aforesaid, residue of the Tenements aforesaid, which A. B. widow holdeth for Term of her life, of the inheritance, etc. after the decease of the said A. shall wholly remain to the aforesaid F. R. and his Heirs, To hold, together with the aforesaid Manor and parcel of the Tenements which to him by this Fine shall remain, of the chief Lords etc. And the aforesaid W. B. and his Heirs will warrant to the aforesaid F. & his Heirs the aforesaid Manors, and Tenements, with the appurtenances, (as it is said) against all men for ever. And for this, etc.   

A Fine of Lands, part in possession, and part in Reversion, with a Render again to the Cognisors, and their Heirs.  

Midd. ss.  COmmand T. M. Esq; and M. his Wife that justly, etc. they hold etc. to A. S. Covenant of the manor of W. near Y. W. in C. and G. with the appurtenances, and of 350 Messages, etc. also of the advowson of the Church of W. in G. in the County aforesaid. And of the Manor of D. with the appurtenances, and of 10 Messages, etc. and seven shillings eight pence half penny rend, with the apputtenances in D. in the County of G. And of the manor of S. with the appurtenances, & of 6 Messages, etc. with the appurtenances in S. C. and V in the County of D. etc.  
And the Concord is such (to wit) that the aforesaid T. and M. have recognised the Manors, Tenements, and rend, with the appurtenances, and the advowson aforesaid, to be the right of him the said A. of which the said A. hath the aforesaid Manors of W near Y. W. in D. etc. and the advowson aforesaid in the said County of G. and the said Manors of South C. with the appurtenances, and the aforesaid Tenements, with the appurtenances in South C. and V aforesaid, in the said County of D. parcel of the Manors, Tenements, and rend aforesaid by the gift of the aforesaid T. and M. And those they have remised etc. and have granted for themselves, and the Heirs of the said M. that the aforesaid Manor of S. aforesaid, in the said County of S. And also the aforesaid Manor of D. with the appurtenances, in the aforesaid County of S. residue of the Manors Tenements, and rend aforesaid, which F. S. Esq; and E. his wife, do hold for term of the life of her the said E. of the inheritance of ●he aforesaid M. the day that this Concord was made, and which after the decease of him the said E. unto the aforesaid T. and M. and the Heirs of the said M. should revert after the decease of the said E. wholly shall remain to the aforesaid A. S. and his Heirs, To be held together with the aforesaid Manors, Tenements, and rend, which to him by this fine shall remain, of the chief Lords of the Fee, by the services which unto the aforesaid Manor Tenements, rend and advowson, do belong for ever, & the aforesaid T. and M. and the Heirs of the said M. will warrant to the aforesaid A. and his Heirs, the asaid Manors, Tenements, and rend, with the appurtenances, and the advowson aforesaid (as it is said) against all men for ever. And for this, etc. the said A. hath granted to the aforesaid T. and M. the aforesaid Manors, Tenements, and rend with the appurtenances, and the advowson aforesaid, and those to them he hath rendered in the said Court. To have and to hold to the said T. and M. of the chief Lords etc. for the life of the said T. and M. and the longer l●ver of either of them, without impeachment of any waist: And af●er the decease of the said T. and M. the aforesaid Manors, Tenements, etc. shall wholly remain, to the Heir of him the said T, of the bodies of h●m the said T. and M. lawfully begotten; To hold etc. And if no Heir of the said T. of the bodies of the said T. and M. shall be lawfully begotten, than the aforesaid Manors etc. shall wholly remain to the Heirs of the body of the said M. lawfully begotten. To hold etc. And if no Heir of the body of the said M. shall be lawfully begotten, than the aforesaid Manors etc. shall wholly remain, to the right Heirs of the said T. for ever. To hold, etc.   

A Fine of a Reversion of a Rent.  

Essex. ss.  COmmand etc. that justly etc. hold Covenant, etc. of forty shillings rend, with the appurtenances, issuing out of the Manor of F. and of 6. Messages etc. And unless, etc.  
And the Concord is such (to wit) that the aforesaid I. hath recognised the aforesaid rent, with the appurtenances, to be the right of him the said R. and hath granted for himself and his Heirs, that the aforesaid rent, with the appurtenances, which H. T. and A. his wife hold for term of the life of her the said A. of the aforesaid I. the day that this concord was made, issuing out of the aforesaid Manor, etc. with the appurtenances which I. H. Knight now holdeth, and which after the decease of the said A. unto the aforesaid I. F. and his Heirs ought to revert; after the decease of the said A. wholly shall remain to the aforesaid R. and his Heirs, for ever. And the aforesaid I. F. and his Heirs will warrant to the aforesaid R. and his Heirs the aforesaid rent, with the appurtenances (as aforesaid) against I. Abbot of the Monastery, etc. and his successors for ever. And for this, etc.   

A Fine of the Reversion of a Rent.  
THis is the final Concord made, etc. between R. P. Plaintiff and I. B. Deforcient of ten Marks rend, with the appurtenances in B. which P. of A. holdeth for term of life, whereof plea of Covenant was summoned between them in the said Court, (to wit) that the aforesaid I. hath granted for himself and his Heirs, that the aforesaid rent, with the appurtenances, which the aforesaid P. holdeth for term of life, by the demise of the aforesaid I. in the aforesaid Town, the day that this Concord was made, and which after the decease of the said P. unto the aforesaid I. and his Heirs ought to revert, after the decease of the said P. wholly shall remain to the aforesaid R. and the Heirs of his body begotten. To hold of the chief Lords of the Fee by the services which unto the aforesaid rent do belong for ever. And if it happen that the said R. shall die without Heir of his body begotten, then after the decease of the said R. the aforesaid Rent, with the appurtenances, shall wholly remain to the right Heirs of him the said R. to hold of the chief Lords of the Fee, by the services which unto the aforesaid rent do belong for ever. And for this Grant, Fine, and Concord, the said R. hath given to the aforesaid I one hundred Marks of Money.   

A Fine of Rend service.  

Nott. ss.  COmmand etc. that justly etc. hold Covenant, etc. of eleven shillings rend, with the appurtenances in B. And unless, etc.  
And the Concord is such, (to wit,) that the aforesaid E. hath recognised the aforesaid Rent, with the appurrenances, to be the right of the aforesaid W. and the said E. hereupon hath granted to the said W. that the rent, with the apputtenances, together with the Homage and all the services of S. F. R. L. and I. D. and their Heirs, for so many Tenements as they severally of the said E. before held in the aforesaid Town, To have and to hold to the said W. and his Heirs, of the chief Lords of the Fee, by the Services which unto the aforesaid rent do belong for ever. And the aforesaid E. and his Heirs, the aforesaid rent, with the appurtenances, (as is aforesaid) to the aforesaid W. and his Heirs against all men will warrant for ever, etc.   

A Fine where the Husband and the Wife sell the Wife's ●ointure or Dower absolutely to him in the Reversion.  

York. ss.  COmmand T. G. Esq; and B. his Wife, that they hold with I. W. and E. his Wife Covenant, of 4 Messages. etc.  
And the Concord is such, (to wit) that whereas T. and B. have and hold the Tenements aforesaid with the appurtenances, for term of the life of the aforesaid B. (the reversion thereof to the aforesaid E. and his Heirs after the decease of the aforesaid B. belonging;) the said T. and B. have granted to the aforesaid I. and E. the Tenements aforesaid, with the appurtenances, and all and whatsoever in the said Tenements with the appurtenances, for the term of the life of her the said B. they have, to the said I. and E. in the said Court rendered, To have and to hold to the said I. and E. and the Heirs of the said E. during all the life of the said B. of the chief Lords etc. And the aforesaid T. and B. will warrant to the aforesaid I. and E. the Tenements aforesaid A. with the appurtenances (as it is said) against the aforesaid T. and B. during all the life of her the said E. and for this, etc.   

Tenant for Term of life maketh a Lease, reserving a rent during her life,  

Suff. ss.  COmmand L. H. and D. his Wife, that they hold to B. B. Covenant of the Manor of S. with the appurtenances, and of 6 Messages etc. with the appurtenances in S.  
And the Concord is such, (to wit) that the aforesaid L. and D. have granted the Manor, Tenements, and Rent, with the appurtenances, which the said L. D. hold for term of the life of her the said D. (the reversion thereof after the decease of the said D. to one R. R. and his Heirs belonging) to the aforesaid B. B. to have to him & his assigns all the life time of t●e said D. And furthermore the said L. and D. have granted that they will warrant the Manors, Tenements, and Rend aforesaid, with the appurtenances to the aforesaid B. and his assigns, all the life time of the aforesaid D. against them the said L. and D. for ever, And for this etc. the said B. hath granted to the aforesaid L. and D. one yearly rent of forty Marks, of lawful etc. issuing out of the Manor and Tenements aforesaid, To have and perceive the said yearly rend of forty Marks, to the aforesaid L. and D. for term of the life of her the said D. at the Feasts etc. by equal portions yearly to be paid, and if it happen that the aforesaid yearly rent, etc.   

A Fine of a Reversion.  

Norff. ss.  COmmand P. A. that he hold, Covenant etc. of one Message etc.  
And the Concord is such (to wit,) that the aforesaid P. hath recognised the Tenements aforesaid, with the appurtenances, to be the right of him the said E. And hath granted for himself and his Heirs that the aforesaid, Tenements which W. B. and A. his Wife hold for term of the life of the said A. of the inheritance of the said P. the day that this Concord was made. And which after the decease of the said A. unto the aforesaid P. and his Heirs ought to revert, after the decease of the said A. shall wholly remain to the aforesaid E. S. and his Heirs for ever. To hold etc. and the aforesaid P. hath granted for himself and his Heirs, that he will warrant the aforesaid Tenements, with the appurtenances (as it is said) against all men for ever, And for this etc.   

A Fine in Fee farm of a rent granted out of a Manor only.  

Salop. ss.  COmmand A. C. Widow that she hold to H. C. Gent. Covenant of the yearly rent of 40 l. issuing out of the Manor of S. with the appurtenances in S. And unless etc.  
And the Concord is such, (to wit) that the aforesaid A. hath granted to the aforesaid H. the aforesaid rent, with the appurtenances. And that to him hath rendered in the said Court. To have and perceive the aforesaid 40 l. to the said H. and his assigns at the Feasts of the Annunciation of the blessed Virgin Mary, and of St. Michael the Archangel, by equal portions yearly to be paid, during the life of the said H. etc. And if it happen the aforesaid rent of forty pounds to be in arrear, etc. that then it shall be lawful for the aforesaid H. and his assigns, during her life, into the aforesaid Manor, with the appurtenances, to enter and distrain etc. And the aforesaid A. and her Heirs will warrant to the aforesaid H. and his assigns the aforesaid rent of forty pounds, with the appurtenances (as it is said) against ●he aforesaid A. and her Heirs, during the life of the said H. for ever. And for this, etc.   

A Fine of several rents granted out of a Manor.  

Staff. ss.  COmmand E. B. Widddow. E. B. Gent. R. B. Gent. and R. B. Gent. that they hold to R. G. Covenant of the Manor of H. with the appurtenances, and of ten Messages. etc.  
And the Concord is such, (to wit) that the aforesaid Eliz Edw. Bald. Ra. & Rich. have recognised the aforesaid Manor, Tenements, and rend, with the appurtenances, to be the right of him the said R. (cum Release ●● warrant.) And for this, etc. The said Rog. hath granted to the aforesaid Edw. one annuity or yearly rent of 6 l. 13s. 4 d. issuing out of the Manor & Tenements aforesaid, with the appurtenances. And those to them he hath rendered in the said Court. To have and perceive the said yearly rend of 6l. 13. s. 4 d. to the aforesaid Edw. and his assigns, during his life, at the Feast of the nativity of St. John the Baptist, and the Annunciation of the blessed Virgin Mary by equal portions yearly to be paid, And if it happen, etc. Also the said R. hath granted one annuity or yearly rent of 6l. 13 s. 4 d. ut supra cum claus. district. And moreover the said R. hath granted to the aforesaid R. one other annuity etc. of 6 l. 13 s. 4. d. in manner and form aforesaid: furthermore the said R. hath granted to the aforesaid E. the aforesaid Manor, Tenements, and Rent, with the appurtenances. And those to them he hath rendered in the said Court. To have and to hold to the aforesaid E. and his assigns, during the life of the said E. of the chief Lords of the Fee, etc. And after the decease of the said E. the aforesaid Manor, Tenements, and Rent, shall wholly remain to the aforesaid E. and his Heirs. To hold of the chief, etc.   

A Fine of a Rent, with a Pain of 8 l. for every five weeks that the Rent is behind, for every week after the 5 weeks, to forfeit 8 l. nomine Poene, with a clause of distress.  
ANd for this etc. the said A. & B. have granted to the aforesaid W. and F. one annual rent of 90 l. out of the aforesaid Manor, & Tenements, with the appurtenances, and those to him they have rendered in the said Court. To have and perceive the aforesaid annual rent of 90 l. to the said W. & F. and the Heirs of the bodies of the said W. & F. lawfully begotten, at the Feasts of St. Michael the Archangel, & of the Annunciation of the blessed Virgin Mary, by equal portions yearly to be paid, And if it happen that the said W. & F. shall die without Heir of their bodies lawfully begotten. Then after the decease of the said W. and F. the said yearly rend of ninety pounds, shall wholly remain to the right Heirs of the said W. at the Feasts aforesaid yearly to be paid. And if it happen the aforesaid annual rent of ninety pounds to be in arrear, and unpaid, in part or in all, by the space of 5 weeks after any Feast of the aforesaid Feasts, wherein as aforesaid it ought to be paid, (if in a lawful manner it be demanded at C. aforesaid,) that then and so often the aforesaid W. T. and his Heirs, shall forfeit to the aforesaid W. and F. and the Heirs of their bodies lawfully begotten, and also to the right Heirs of the said W. if the aforesaid W. and F. shall die without Heir of their bodies lawfully begotten, eight pounds in name of a Pain. And so every 
Nomine poene.  week, after the aforesaid 5 weeks, eight pounds as often as the aforesaid yearly Rent of ninety pounds shall be in arrear: that then and so often, it shall be lawful for the aforesaid W. and F. and the Heirs of their bodies lawfully begotten, and also for the right Heirs of the said W. if the said W. and F. shall die without Heir of their bodies lawfully begotten, into the aforesaid Manors and Tenements, with the appurtenances, to enter and distrain, and the Distresses so there taken and had, to lead, bear, and drive away, and in their custody to retain, until as well of the aforesaid yearly rent of ninety pounds with the arrearages thereof, (if any shall be) as of the aforesaid eight pounds as aforesaid, in the name of Pain forfeited, after the aforesaid 5 weeks, and for 8 l. for every week after the aforesaid 5 weeks as aforesaid, they shall be fully satisfied and paid, etc.   

A Fine in fee Farm yielding a Rent, with a distress.  

Essex. ss.  COmmand T. S. of C. Esq; and A. his Wife, that they hold to W. D. Covenant of 5 acres of Land with the appurtenances in E. etc.  
And the Concord is such, (to wit) that the aforesaid T. and A. have recognised the Tenements aforesaid, with the appurtenances to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid T. and A. and those they have remised and quite claimed from themselves and their Heirs to the aforesaid W. and his Heirs for ever. And furthermore the aforesaid T. and A. have granted for themselves and the Heirs of the said T. that they will warrant to the aforesaid W. and his Heirs, the Tenements aforesaid, with the appurtenances, against all men for ever. And for this etc. The aforesaid W. hath granted to the aforesaid T. one annuity or yearly rent of 20 s. of lawful money of England, issuing, and to issue of and out of the Tenements aforesaid, with the appurtenances, and that to him they have rendered in the said Court. To have, hold and perceive, the aforesaid annuity or yearly Rent of 20 s. at foresaid to the aforesaid T. and his Heirs, o'th' Feasts of St. Martin the Bishop in winter, and of Penticost, by equal portions yearly for ever to be paid. And if, and as often as it happen the aforesaid annuity or yearly rent of 20 shillings aforesaid to be in arrear, and unpaid, in part or in all, by the space of forty days, after any feast of the feasts aforesaid, wherein, as aforesaid, it ought to paid, that then, and so often, it may and shall be lawful for the aforesaid T. and his heirs, into the aforesaid Tenements with the appurtenances, to enter, and to distrain. And the distresses so there taken, lawfully to lead bear and drive away, and in his custody to retain, until of all the aforesaid annuity or yearly rent of 20 s. aforesaid, together with the arrearages thereof (if any shall be) he be fully satisfied and paid, etc.   

A Fine in fee farm, rendering a rent, suit of Court, and Heriot after decease, recease, and alienation.  

South. ss.  COmmand A. B. and C. D. that they hold to F. G. Covenant of 20 acres of land, etc.  
And the Concord is such (to wit) that the aforesaid A. B. and C. D. have recognised the tenements aforesaid, to be the right (Ut in sine sur recognisance de droit rele●se and warranty) And for this, etc. the aforesaid T. hath granted to the aforesiid A. B. and C. D. one annuity, or yearly rend of 12 d. of lawful money of England, issuing and to issue from and out of the tenements aforesaid, with the appurtenances. And those to them he hath rendered in the said Court. To have and to perceive the aforesaid annuity, or yearly rend of 12 d. to the said A. B. and C. D. and the heirs of the said A. at the Feasts of St. Michael the Archangel, and the Annunciation of the blessed Virgin Mary, by equal portions yearly to be paid. And also the aforesaid F. hath granted for himself and his heirs, to the aforesaid A. B. and C. D. and the heirs of the said A. to do suit of Court yearly to the aforesaid A. B. and C. D; and the heirs of the said A. at his Manor of C. twice in the year, upon lawful warning thereof aforehand to be given. To hold, etc. And to pay after the decease, recease and alienation, as well of the aforesaid F. and his heirs, as of every other Tenant, being free Tenant of the Tenements aforesaid, or of any parcel thereof, the best beast of very such Tenant in the name of a Heriot. And if it happen the aforesaid annuity or yearly rent, to be in arrear and unpaid, in part or in all, after any feast of the feasts aforesaid, wherein as aforesaid it ought to be paid, or suit of Court aforesaid not to be done, or the Heriot aforesaid, when it shall happen not to be paid or delivered, that then it shall be lawful for the aforesaid A. B. and C. D. and the heirs of the said A. into the tenements aforesaid, with the appurtenances, to enter, and to distrain, and the distresses so there taken, lawfully to lead, bear, and drive away, and in his custody to retain until, as well of the aforesaid annuity or yearly rent of 12 d. together with the arrearages thereof, if any shall be, as of the suit of Court and the Heriot aforesaid being in arrear, the said A. B. and C. D. and the heirs of the said A. shall be fully satisfied, contented, and paid, etc.   

A Fine in Fee-farm, rendering a rent; with a Nomine poene, for default of payment.  

Warw. ss.  COmmand A. B. Esq; that he hold to C. D. Covenant of the Manor of L. with the appurtenances: Also of 4 Messages and ten shillings rend, with the appurtenances, in L. aforesaid, etc.  
And the Concord is such, (to wit) that the aforesaid A. B. hath recognised, (ut in fine sur recognisance de droit,) And for this, etc. the said C. hath granted to the aforesaid A. one annuity or yearly rent of seven pounds of lawful money of England, issuing, and to issue out of, and in the Manor and Tenements, with the appurtenances. And that to him he hath rendered in the said Court: To have and perceive the aforesaid annuity or yearly rent of seven pounds to the aforesaid A. his heirs and assigns, the tenth day of September, between the ninth hour before midday, at the third hour after midday of the same day yearly, at the house or dwelling, commonly called S. situate in his Marker, called the Market stead, in the Town of C. in the County of D. to be paid. And if it happen the aforesaid annuity or yearly rent of seven pounds to be in arrear, and unpaid, in part, or in all, by the space of fourteen days after the aforesaid tenth day of September, wherein, as aforesaid, it ought to be paid; that then the aforesaid C. and his heirs, shall forfeit to the said A. and his heirs, 13 s. 4 d. in name of a pain, so often as the aforesaid annuity or yearly rent, or any parcel thereof, shall happen to be so in arrear. And it shall be lawful for the aforesaid A. and his heirs, into the aforesaid Manor, and other the premises, with the appurtenances, and into every parcel thereof to enter, and distrain, as well for the aforesaid annuity or yearly rent of seven pounds, and every parcel thereof, as for the aforesaid 13 s. 4 d. in name of a pain, to the said A. and his heirs forfeited, 
Nomine poene.  so often as it shall so happen to be in arrear, & unpaid: and the distresses so there taken and had, lawfully to lead, bear, and drive away, and in his custody to retain, until as well for the aforesaid annuity, or yearly rend of seven pounds, as for the aforesaid 13 s. 4 d. in name of a pain, so often forfeited, the said A. and his heirs shall be fully satisfied and paid, etc.   

A Fine by the Husband and the Wife, to the Husband and Wife, with a Render.  

Staff, ss.  COmmand, etc. that justly, etc. keep Covenant, etc. of the Manor of B. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid I. ●. and E. have recognised the Manor aforesaid, with the appurtenances, to be the right of him the said R. as those which the said R. and M. have by the gift of the aforesaid I. and E. and those they have remised and quite claimed from them the said I. and E. and the Heirs of him the said E. to the aforesaid R. and M. and the Heirs of him the said R. for ever. And furthermore the said I. and E. have granted for themselves and the Heirs of the said E. that they will warrant the aforesaid Manor, with the appurtenances, to the aforesaid R. and M. and the Heirs of him the said R. against all men for ever. And for this recognizance, remise, quite [claim; warranty, fine, and concord, the said R. and M. have granted for themselves and their Heirs to the aforesaid I. and E. and the Heirs of the body of him the said E. lawfully begotten, four pounds rend, issuing out of the Manor aforesaid, with the appurtenances, and those to them they have rendered in the said Court. To have and perceive every year (that is to say) one moiety thereof at the Feast of St. M. and the other moiety thereof at the Feast of th' Annunciation of the blessed Virgin Mary, to the said I. and E. and the heirs of the body of the said E. lawfully begotten, by equal portions, yearly to be paid, by the hands of the Tenants, which shall hereafter hold the said Manor, with the appurtenances. And moreover, the said R. and M. have granted for themselves and their heirs, that if the aforesaid rent at any term wherein it ought to be paid, shall be in arrear, in part, or in all; that then it shall be lawful for the aforesaid I. and the heirs of the body of him the said I. lawfully begotten, to distrain the aforesaid R. and M. and their heirs, and those which hereafter shall hold the said Manor, by all their goods and chattels in the said Manor, with the appurtenances, found, for twenty shillings, in name of a pain, for every Term so being in arrear, by the space of one month. And those to retain until full payment, as well of the aforesaid four pounds rend, as of the aforesaid twenty shillings Nomine poene, which to them shall be in arrear, etc.   

A writ of Covenant that was for the King, for the Tith-corn of a Parish, and the manner of the endorsment thereof used by his Attorney General.  

Essex ss.  COmmand A. B. and C. that they hold to us Covenant, between us and the aforesaid A. and C. made of all and all manner of Tithes of grain, growing, coming, or renewing, within the said Parish of Hotton. And unless they shall do it, summon by good summoners, etc.  

The Endorsment is thus,  
Edward Coke, Esq; Attorney General of our Sovereign Lord the King, for the said Sovereign Lord the King prosecutes this Writ.    

A Fine knowledged by T. W. to I. R. of one Message, one Barn, of Land, Meadow, and Pasture; and warranty against all men.  

Essex ss.  COmmand T. W. Esq; that justly etc. he hold to I. R. the Covenant between them made, of one Message, one barn, 25 acres of land, 4 acres of meadow, and 10 acres of pasture, with the appurtenances in L. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid T. hath recognised the Tenements aforesaid, with the appurtenances, to be the right of the said I. as those which the said 1 hath by the gift of the aforesaid T. And those he hath remised, and quite claimed, from himself and his heirs for ever, And furthermore, the said T. hath granted, for himself and his heirs, that he will warrant the Tenements aforesaid, with the appurtenances, to the aforesaid I. and his heirs, against all men for ever. And for this recognizance, etc.   

A Fine knowledged by the Husband and Wife, and the Cognisee by the same Fine granteth and rendereth back again the premises to the said Conusors', and to the heirs of the Husband, one of the said Conusors', for ever.  
COmmand T. B. and E. his Wife, that justly, etc. they hold to W. L. and I. K. the Covenants between them made, of the Manor of W. with the appurtenances, and of 2 Messages, 80 acres of land, 100 acres of Pasture, 60 acres of wood, and 5 shillings rend, with the appurtenances in H. and B. And unless, etc.  
And the Concord is such (to wit) that the aforesaid T. and E. have recognised the Manor, Tenements, and Rend aforesaid, with the appurtenances, to be the right of the said W. as those which the said W. and I. have by the gift of the aforesaid T. and E. and those they have remised and quit claimed from the said T. and E. and their heirs to the aforesaid W. and I. and the heirs of the said W. for ever. And furthermore the said T. and E. have granted, for themselves and the heirs of the said E. that they will warrant the Manor, Tenements and rend aforesaid, with the appurtenances, unto the aforesaid W. and I. and the heirs of him the said W. against all men for ever. And for this Recognisance, etc. the said W. and I. have granted to the aforesaid T. the Manor, Tenements, and Rend aforesaid, with the appurtenances, and those to him they have rendered in the said Court. To have and to hold to the said T. and his heirs for ever.   

A Fine knowledged by H. K. and I. his wife, I. C. and K. his Wife, to R. G. of one Message, one Garden, of land and pasture, and the same Conusors', for them, and the heirs of Jo. do warrant two parts of the premises in 3. parts divided, to the Conusee and his heirs, against all men for ever.  
COmmand I. H. and I. his Wife, that justly, etc. they hold to R. G. the Covenant between them made of one Message, one garden, 40 acres of land, and 4 acres of pasture, with the appurtenances in, etc. And unless, etc. And the Concord is such, that the aforesaid I. and I. have recognised the Tenements aforesaid, with the appurtenances, to be the right of the said R. as those which the said R. hath by the gift of the aforesaid H. & I. I. and K. and those they have remised, and quite claimed for them the said H. and I. I. and K. and their heirs, to the aforesaid R. and his heirs for ever. And furthermore, the said H. and I. I. and K. have granted, for themselves and the heirs of the said I. that they will warrant two parts of the Tenements aforesaid, with the appurtenances, in three parts, divided, to the aforesaid R. and his heirs, against all men for ever. And for this, etc.   

A Fine acknowledged by I. F. Knight, and M. his Wife, and R. H. of 2 Messages 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, etc. 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 Distress, for nonpayment thereof, and the residue of the Premises, viz. The two Messages, one Garden, one Orchard, etc. 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 etc. they hold to T. P. and I. K. etc. of 2 Messages one Garden, one Orchard, 21 acres of Land, nine acres of Meadow, and 58 acres of Pasture, with the appurtenances in M. And unless, etc.  

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 warrant 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, etc. 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 rendered 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. Son 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, etc. by equal portions yearly to be paid; 
A clause of Distress.  And if it happen the aforesaid annual rent of CVIII shillings, X pence, or any parcel 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 lawful for the aforesaid T. and I. their Heirs and assigns, as well during the natural 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, etc. with the appurtenances, and into every parcel thereof, to enter and to distrain and the distresses so there taken, it may be lawful from them to lead and drive away, and in their custody to retain until of the aforesaid annual 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 residue.  two Messages, 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 rendered 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 Messages, 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 
Rend for the Residue.  them, yielding therefore yearly to the aforesaid T. and I. and the Heirs of them 13 s. of lawful 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 Distress.  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 lawful for the aforesaid T. and I. into the aforesaid two Messages, 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 parcel thereof to enter and distrain, and the distresses so there taken it may be lawful 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 retain until of the aforesaid Rent of 13 s. together with the arrearages thereof, (if any shall be) they shall be fully satisfied 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 rendered in the said Court. To have and to hold to the said I. and M. and the Heirs of him the said I. for ever, of the chief Lords of the Fee by the services which unto the aforesaid Tenements with the appurtenances do belong for ever.   

A Fine accknowleged by G, H. and D. his Wife. T. S. Esq; and M. his Wife. of forty acres of Land, to R. B. and W. N. with Warranty, and the Conuses do grant and render to the said D. and to his Heirs, all mines of Coals in a Close, parcel of the Premises called Stanley Field, with liberty to dig for the same.  
COmmand G. H. Esq; and D. his Wife T. S, Esq; and M. his Wife, that justly, &c, they hold to R. B. and W. W. the covenant between them made, of 40. acres of Land, with the appurtenances, in Stanley and Spendon. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid G. D. T. and M. have recognised the Tenements aforesaid, with the appurtenances, to be the right of him the said R. as those which the said R. and W. have by the gift of the aforesaid G. D. T. and M. and those they have remised and quite claimed from them the said G. D. T. and M. and their Heirs to him the aforesaid R. and W. and the Heirs of the said R. against the aforesaid G. D. T. and M. and the Heirs of him the said T. for ever, and for this recognizance 
The Conusees do grant and render 〈◊〉 mines, in part of the Premises to 〈◊〉 of the Co●●sor● and 〈◊〉 to get ●he●.  etc. the aforesaid R. and W. have granted to the aforesaid G. D. all mines of coals being in a field, patcel of the Tenements aforesaid called Stanley Field. also free ingress and egress in and upon the aforesaid Field, to dig in those mines for those Coals, all times of the year at the free will and pleasure of the said G. and D. and the Heirs of him the said D, And all those to them they have rendered in the said Court. To have, take, and perceive the aforesaid mines, ingress, egress, and liberty aforesaid with the appurtenances, to the aforesaid G. and D. and the Heirs of him the said D. for ever.   

A Fine knowledged by W. K. and K. his wife of the third part of one Message, one Barn, one Garden, etc. to I. K. and T. H. with warranty against all men, and the said Conusees do grant and render to the said S. one of the Conusors', the said third part of the Premise● from Mich. or the Annunciation etc. which first shall happen to be the next after the death of one E. now the Wife of W. T. for the term of 21 years, reserving a rent yearly to the Conusees, with a clause of Distress, for the said rend, and lastly, the said Conusees, grant, and render the reversion of the said Premises to W. K. and K. his Wife, being two of the said Conusors' in the said Fine, and to the Heirs of the said K▪ for ever.  
COmmand W. K. and K. his Wife, that justly, etc. they hold to I. K. and T. H. the Covenant between them made, of the third part of one Message, one barn, one garden, 30 acres of land, 2 acres of meadow, and 10 acres of pasture, with the appurtenances, in etc. And unless, etc.  

Warranty.  And the Concord is such, to wit, that the aforesaid W. K. and S. have recognised the third part aforesaid, with the appurtenances, to be the right of the said I. as those which the said I. and T. have by the gift of the aforesaid W. K. and S. And those they have remised, and quite claimed, from them the said W. K. and S. and their heirs, to the aforesaid I. and T. and the heirs of him the said I. for ever. And furthermore, the said W. K. and S. have granted, for themselves, and the heirs of him the said K. that they will warrant the third part aforesaid, with the appurtenances, to the aforesaid I. and T. and the heirs of him the said I. against all men for ever. And for this recognizance, the said I. and T. have granted to the aforesaid S. the third part aforesaid with the appurtenances, & that to him they have rendered in the said Court. To have and to hold to the said S. from the Feast 
The render  of St. Michael the Archangel, or from the Feast of the Annunciation of the blessed Virgin Mary, which shall first and next happen, or shall be after the death of one E. now Wife of W. T. and late wife of R. C. deceased, unto the end and term of 21 years from thence next coming, and fully to be complete; yielding therefore by the year to the aforesaid I. and T. twelve pence, at the Feasts of the Annunciation of the blessed Virgin Mary, and of St. Michael the Archangel, by equal portions to be paid. And if it happen the aforesaid yearly rent of twelve pence, or any parcel 
Clause of Distress for the rent.  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 lawful for the aforesaid I. and T. their Heirs and assigns, into the third part aforesaid, with the appurtenances and into every parcel thereof to enter and distrain, and the Distresses so there taken, it may be lawful from them to lead, drive, bear away, and in their custody to retain until, of the aforesaid yearly rent of twelve pence, and of every parcel thereof, together with the arteages thereof, if any shall be, they shall be fully satisfied and paid. Also the said I. K. 
The Grant of the reversion and the rend reserved upon the Lease, for 21 years.  and T. H. have granted to the aforesaid W. and K. the reversion of the third part aforesaid, with the appurtenances, and the rend aforesaid, above reserved. And those to them they have rendered in the said Court. To have and to hold, to the said W. and K. and the Heirs of him the said K. for ever, of the chief Lords of the Fee by the Services which unto the said third part do belong for ever.   

A Fine knowledged by W. P. and M. his Wife, of a Manor etc. one water-Mill, one Windmill, three Dove-houses, etc. to E. B. and R. C. and the Conusees by the same Fine, do grant unto the said M. a yearly rent of twelve pounds going out of the said Manor: Habendum from Mich. or the Annunciation next after the death of the said W. P. her Husband, and one of the Conusors' in the said Fine, during her life, in the full recompense of her Title of Dower, or jointure in any of the Lands of her said Husband, with a clause of Distress for the said rend. And lastly, the said Conusees grant and render again the said Manor, etc. to the said W. P. the Conusor and Husband, to the said M. and to his Heirs for ever.  

warranty.  ANd the Concord is such (to wit) that the aforesaid W. and M. have recognised the Manor and Tenements aforesaid with the appurtenances, to be the right of him the said E. and R. as those which the said E. and R. have by the gift of the aforesaid W. and M. and those they have remised and quite claimed from themselves and their Heirs to the aforesaid E. and R. and the Heirs of him the said E. for ever. And furthermore the said W. and M. have granted for themselves and the Heirs of the said W. that they will warrant the Manor and Tenements aforesaid, with the appurtenances to the aforesaid E. B. and R. and the Heirs of him the said E. against all men for ever. And for this recognizance etc. The said R. and E. have granted to the aforesaid M. one yearly rent of 12 l. issuing 
A Grant of a rent in recompense of jointure and Dower.  out of the aforesaid Manor and Tenements, with the appurtenances. To have and to hold, and yearly to perceive the aforesaid yearly rent of 12 pounds to the aforesaid M. and his assigns, from the Feasts of St. Michael the Archangel, or the Annunciation of the blessed Virgin Mary next, and immediately following after the death of the aforesaid W. for and during the natural life of the said Mary, at two Terms of the year, viz. at the Feasts of St. Michael the Archangel, and the Annunciation of the blessed Virgin Mary, by equal portions yearly to be paid, in full recompense of all the Title either of jointure, or Dower which to the said M. aught to happen of any of the Lands or Tenements, of the aforesaid W. P. And if it happen the aforesaid yearly rent of 12 pounds, or any parcel thereof to be behind and unpaid after any Feast of the Feasts aforesaid, wherein as aforesaid, it ought to be paid. That then and so often it shall, and may be lawful for the aforesaid M. and his assigns, into the aforesaid Manor and Tenements, or into any parcel thereof, to enter and distrain, & the Distress or Distresses so there taken, to lead, drive 
The render of the manor etc. To the Conusor and his Heirs for ever.  away, and in their custody to retain until of the aforesaid yearly rent of 12 pounds, and of every parcel thereof, together with the arrearages of the same, (if any shall be) they shall be fully satisfied and paid. And furthermore the said E. and R. have granted to the aforesaid W. the Manor and Tenements aforesaid, with the appurtenances; and those to him they have rendered in the said Court: To have and to hold the aforesaid Manor, with the appurtenances, to the aforesaid W. and his heirs for ever. To hold, etc.   

A Fine knowledged by I. G. alias G. and M. his wife, to R. R. Knight, Lord R. of one Message, one Barn, and one hundred shillings rend, the parsonage of B., and the advowson of the Vicarage of B. with warranty against the Conusor and his wife, and the Heirs of the Husband.  
COmmand I. G. otherwise G. I. and M. ●is wife, that they hold to R. R. Knight, Lord R. the Covenant, etc. of one Message, one Barn, fifteen acres of Land, six acres of Meadow, twenty acres of Pasture, and five pounds rend, with the appurtenances in B. and of the Rectory of B. aforesaid. Also of the advowson of the Vicarage of the Church of B. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid I. and M. have recognised the aforesaid Tenements, Rent, and Rectory, with the appurtenances and the advowson aforesaid, to be the right of him the said Lord R. as those which the said Lord R. hath by the gift of the aforesaid I. and M. and those they have remised and qu●te claimed from them the said I. & M. and their Heirs to the aforesaid Lord R. and his Heirs. And furthermore the said I. and M. have granted for themselves, and the Heirs of the said I. that they will warrant to the aforesaid Lord R. and his Heirs, the aforesaid Tenements, Rent, & Rectory with the appurtenances, and the advowson aforesaid, against the aforesaid I. and M. and the Heirs of him the aforesaid I. for ever And for this etc.   

A Fine knowledged by I. S. and M. his wife of one Garden, etc. with two several warranties, The first warranty against the Conusors', and their Heirs only: and in the second, the said I. S. and M. his wife, grant to warrant the Premises for them, and the Heirs of the Husband against all men.  
COmmand I. S. and M. his wife, that justly etc. they keep with N. M. the Covenant between them made of one Garden, and ten acres of Land, with the appurtenances in S. and unless. etc.  
And the Concord is such, (to wit) that the aforesaid I. and M. have recognised the Tenements aforesaid with the appurtenances, to be the right of him the said N. and those they have remised and quite claimed from them the said I. and M. and their Heirs to the aforesaid N. and his Heirs for ever. And furthermore 
1. warranty.  the said I. and M. have granted for themselves and the Heirs of him the said I. that they will warrant the Tenements aforesaid with the appurtenances to the aforesaid N. and his Heirs for ever. And moreover the said I. and M. have granted for themselves and the Heirs of him the said I. that they will warrant 
2 Warranty  the aforesaid Tenements, with the appurtenances, to the aforesaid N. and his Heirs against all men for ever. And for this, etc.   

A Fine knowledged by E. R. of a Manor, etc. with warranty against all men.  
COmmand E. R. Esq; that justly, etc. he hold to H. W. Gent. the Covenant between them made, of the Manor of S. with the appurtenances, and of 12 Messages, 10 Tofts, 10 Gardens, 2 Windmills, 600 acres of Land, 40 acres of meadow, 6 acres of pasture, 200 acres of Wood, 50 acres of Furs and Heath, and 6 pounds rend, with the appurtenances in etc. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid E. R. hath recognised the Manor, Tenements, and rend aforesaid, with the appurtenances, to be the right of him the said H. W. as those which the said H. hath by the gift of the aforesaid E. And those he hath remised, and quite claimed, from him the said E. and his heirs, to the aforesaid H. and his heirs for ever. And furthermore, the said E. hath granted for himself and his heirs, that they will warrant to the aforesaid A. and his heirs, the Manor, Tenements, and Rend aforesaid, with the appurtenances, against all men for ever. And for this, etc.   

A Fine acknowledged within the County of Chester, by H. S. Esq; to W. F. & R. C. of divers Manors, etc. with warranty against all men. And the Conusors' by the same Fine, grant and render the same Manors, etc. unto the Conusor and his heirs males; and for default of such heirs males, then to certain persons for the life of I. S. brother unto the said Conusor, and after his death to his heirs males. And if the said I. S. died without heir male, then to divers others of the name and kindred of the Conusor, and to their heirs males, and for default of such heirs, the last remainder in fee to the right heirs of the Conusor for ever.  
THis is the final concord, made in the Court of etc. at Chester, Wednesday, etc. In the year, etc. before M. H. Knight, Justice, etc. between W. F. and R. C. Plaintiffs, and H. S. of O. in the County of Chester, Esq; of the Manor of O. & O. with the appurtenances, and of 14 Messages, 500 acres of Land, 200 acres of Meadow, 500 acres of pasture, 60 acres of wood, 100 acres of Moor and Marish, and 2 shillings rend, with the appurtenances in O. O. in C. and W. and of the moiety of the Manor of E. with the appurtenances, and of 6 Messages, 100 acres of Land, 100 acres of Meadow, 20 acres of Pasture, 2 acres of Wood, 20 acres of Furs and Heath, with the appurtenances in E. whereof plea of Covenant was summoned between them in the said Court; to wit, that the aforesaid H. hath recognized the Manor, Tenements, and rend aforesaid, with the appurtenances, and his aforesaid moiety of the Manor of E. and the aforesaid Tenements in E. aforesaid, with the appurtenances, to be the right of him the said W. as those which the said W. and R. C. have by the gift of the aforesaid R. And those they have remised and quite claimed, from him the said H. and his heirs, to the aforesaid W. and R. and the heirs of him the said W. for ever. And furthermore, the said H. hath granted, for himself and his heirs, that he 
Warranty.  and his heirs will warrant the Manors, Tenements, and Rend aforesaid, and the aforesaid moiety of the said Manor of E. and the aforesaid tenements in E. aforesaid, with the appurtenances, to the aforesaid W. and R. and the heirs of him the said W. against all men for ever. And for this recognizance, remise, 
The render.  quite claim, warranty, fine, and Concord, the aforesaid W. and R. in the said Court have granted to the aforesaid H. M. the Manors, Tenements, and rend aforesaid, and the aforesaid moiety of the aforesaid Manor of E. and the aforesaid Tenements in E. aforesaid, with th' appurtenances, and those to them they have rendered in the said Court. To have to 
remainders in tail.  the said H. and the Heirs males of his body lawfully begotten. And if it happen the aforesaid H. to die without heir male of his body 
The remainders after the death of I. S. the Conusors' brother, to the heirs male of the said I. S.  lawfully begotten; That then the aforesaid Manors, Tenements, and rend, and the aforesaid moiety of the aforesaid Manor of E. and the aforesaid Tenements in E. with the appurtenances, after the death of the aforesaid H. S. to R. S. son and heir apparent of T. S. Esq; to R. S. son of E. S. to R. B. and E. B. for term of the life of I. S. brother of the aforesaid H. may remain: so that the Manors, Tenements, and rend aforesaid, and the aforesaid moiety of the aforesaid Manor of E. and the aforesaid Tenements in E. with the appurtenances, after the death of the aforesaid I. S. to the heirs males of the body of the aforesaid I. lawfully begotten, may remain. And if it happen the 
The other remainders if the said I. S. die without heir male.  said I. S. to die without heir male of his body lawfully begotten, that then the Manors, Tenements, and rend aforesaid, and the aforesaid moiety of the aforesaid Manor of E. and the aforesaid Tenements in E. aforesaid, with the appurtenances to T. S. of S. Esq; and the heirs males of his body lawfully begotten, may remain. And if it happen the aforesaid T. S. to die without heir male of his body lawfully begotten; That then the aforesaid Manors, Tenements, and rend, and the aforesaid moiety of the said Manor of E. and 
The last remainder in fee to the right heirs of the Conusor for ever.  the aforesaid Tenements in E. aforesaid, with the appurtenances to T. S. son of I. S. and the heirs males of the body of the said T. S. son of the aforesaid G. lawfully begotten, may remain, etc. And if it happen the said G. to die, without heir male of his body lawfully begotten, that then the Manors, Tenements, and Rend aforesaid, and the aforesaid moiety of the said Manor of E. and the Tenements aforesaid, in E. aforesaid, with the appurtenances, to the right heirs of the aforesaid H. S. may remain for ever.   

A Fine knowledged before the Justices of Chester, by B. P. and E. his Wife, of a Manor, etc. one Water-mill, one Dove-house, one Garden, two Orchards, etc. with warranty.  
COmmand B. P. and E. his Wife, that justly, etc. they hold to I. S. Esq; the Covenant between them made of the Manor of O. alias O. and of one Windmill, one Dove-house, one Garden, two Orchards, 100 acres of land, 60 acres of meadow, 200 acres of pasture, 40 acres of wood, 100 acres of heath, 300 acres of Moor, 100 acres of Turbary, 50 acres of Marish, 30 acres of Land covered with water, with the appurtenancs in O. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid B. and E. have recognised the Manor and Tenements aforesaid, with the appurtenances, to be the right of him the said I. And those they have remised and quite claimed, from themselves and their heirs to the aforesaid I. and his heirs for ever. And furthermore, the aforesaid B. and E. have granted for themselves and the heirs of the said B. that they will warrant the Manors and Tenements 
warranty.  aforesaid, with the appurtenances, to the aforesaid I. and his heirs, against the aforesaid B. and E. and the heirs of him the said B. for ever. And for this, etc.   

A Fine knowledged by an Earl and his wife, of a Manor, advowson, liberties, free warr●n, and free fishing, and a sold course for 2000 Sheep.  
COmmand Thomas Earl of Sussex, & Fran. his Wife, that justly etc. they hold to Will. Curson Esquire, the Covenant between them made of the Manor of B. with the appurtenances, and of 80 Messages, 80 Cottages, 10 Tofts, 100 Gardens, 60 Orchards, 400 acres of Land, 60 acres of Meadow, 200 acres of Pasture, 20 acres of Wood, 40 acres of Furies and Heath, 200 acres of Moor, 100 acres of Willows, 20 s. rent, with the appurtenances, in Billingsod, otherwise Billingforth; Bilowe, otherwise Bylingh, etc. Also of the advowson of the Church of Bilingford, and of the liberty of fold age for 2000 sheep, free Warren, and free fishing in B, etc. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid Earl and Frances, have recognised the aforesaid Manor, Tenements, and rend, with the appurtenances, and the advowson, liberty, free-warren, and free-fishing aforesaid, to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl and Fran. And those they have remised, and quite claimed, from them and their heirs for ever. And moreover, the said Earl and Fr. have granted, for themselves, and the heirs of him the said Earl, that they 
Warranty.  will warrant the Manor, Tenements, and rend aforesaid, with the appurtenances, and the advowson, liberty, free warren, and free-fishing aforesaid, to the aforesaid W. and his heirs, against all men for ever. And for this, etc.   

A Fine knowledged by the Husband and the Wife, and a third person, of certain acres of land, meadow, and wood, and the Husband and the Wife warrant the land to the Conusees, and to the heirs of one of them; and the same Conusees grant, and render again the land to E. wife of one of the Conusors', from Michaelmas past, for the term of 99 years, without impeachment of waist; yielding a rent to the Conusees, and to the heirs and assigns of one of them; with a clause of distress for nonpayment of the rent: and afterwards they grant the rent, and the rereversion of the lands in fee to one W. W.  
COmmand W. Walgrave Esquire, E. his wife, and E. E. that justly, etc. they hold to R. R. and T. G. the Covenant, &c: of two acresand a half of meadow, and; 70 acres of wood, with the appurtenances in E. And unless, etc.  
And the Concord is such, (to wit,) that the aforesaid W. E. and E. have recognised the aforesaid Tenements, with the appurtenances, to be the right of him the said R. as those which the said R. and T. have by the gift of the aforesaid W. E. & E. And those they have remised, & quite claimed, from them the said W. and E. and their heirs, to the aforesaid R. and T. and the heirs of the said R. for ever.  

Warranty.  And furthermore, the aforesaid W. and E. have granted, for themselves, and the heirs of the said W. that they will warrant to the aforesaid R. and T. and the heirs of him the said R. the aforesaid Tenements, with the appurtenances, against all men for ever. And for this recognizance, etc. the aforesaid R. R. and T. G. have granted to the aforesaid E. the aforesaid Tenements, with the appurtenances. And those to him they have renred in the said Court. To have and to hold to the said E. from the Feast of St. Michael the Archangel now last passed, until the end and 
The render.  term of 99 years then next following, and fully to be complete, without impeachment of any waist: Yielding therefore yearly to the aforesaid R. and T. and the heirs and assigns of the said R. during all the Term aforesaid, 60 s. and one penny of lawful money of England, at the Feasts of the Annunciation of the 
Rent.  blessed Virgin Mary, and St. Michael the Archangel, by even portions to be paid. And if it happen the aforesaid rent of 60 s. & 1 d. to be in arrear and unpaid, in part or in all, after any Feast of the Feasts aforesaid, in which, as aforesaid, it ought to be paid. That then it shall be lawful for the aforesaid R. and R. and the heirs and assigns of the said R. into the Tenements aforesaid, with the 
Clause of distress.  appurtenances, to enter and distrain, and the distresses there so taken, to lead and bear away, and in their custody to retain, until of the aforesaid rent, together with the arrearages thereof, (if any shall be) they shall be fully satisfied, contented, and paid. And 
The render of the rent and reversion of the land to one in Fee.  moreover the said R. R. and T. G. have granted the aforesaid rent of the aforesaid 60 s. 1 d. and the reversion of the Tenements aforesaid with the appurtenances, to the aforesaid W. W. and his heirs for ever.  
It hath been taken and acknowledledged before me W. Bendlose. Sergeant at Law, at S. in the Parish of B. etc.   

A Fine knowledged by two unto one, with warranty against all men.  

A Fine sur cognisance de droit.  ANd the Concord is such, (to wit) that the aforesaid L. G. and T. B. have recognised the Tenements aforesaid, with the appurtenances, to be the right of him the said I. G. as those which the said 1 hath by the gift of the aforesaid L. and T. and those they have remised and quite claimed from them the said L. G. and T. and their Heirs for ever. And furthermore the said L. G. and T. have granted for themselves and the Heirs of the said 
The warranty.  G. that they will warrant to the aforesaid I. and his Heirs, the Tenements aforesaid, with the appurtenances, against all men for ever. And for this, etc.   

A Fine knowledged of two Messages, and two Gardens, etc. by the Husband and the Wife, and divers others, to W. G. with several warranties.  
COmmand R. F. and E. his Wife, and G. C. and B. his wife, that they keep with W. G. Gent. the Covenant etc. of 2 Messages, 2 Gardens, one Orchard, 30 acres of Land, 10 acres of Meadow, 40 acres of Pasture, and 16 s. rent, with the appurtenances in W. D. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid R. and E. G. and B. have recognised the Tenements aforesaid, with the appurtenances, to be the ●ight of the said W. as those which the said W. hath by the gift of the aforesaid R. and E. G. and B. And those they have remised and quite claimed for them the said R. and E. and the Heirs of the said G. E. and B. to the aforesaid W. and his Heirs for ever. And moreover, the 
General warranty  said R. and E. have granted for themselves and the Heirs of the said E. that they will warrant the Tenements aforesaid, with the appurtenances, to the aforesaid W. and his Heirs against all men for ever. And furthernore, 
Special warranty.  the said G. and B. have granted for themselves, and the Heirs of the said B. that they will warrant the Tenements aforesaid, with the appurtenances to the aforesaid W. and his Heirs, against the aforesaid G. and B. and the Heirs of him the said B. for ever. And for this, etc.   

A Fine knowledged of 4 Messages, 1 Toft, 3 Barns, 3 Gardens, 3 Orchards, etc. to W. S. and N. W. with warranty.  
BEtween W. S. and N. W. Plaintiffs, and O. B. and A. his wife Deforcients, of four Messages, one Toft, three Barns, three Gardens, three Orchards, twenty acres of Meadow, six acres of Pasture, with the appurtenances in K. and B.  
And the Concord is such (to wit) that the aforesaid O. and A. have recognised the Tenements aforesaid, with the appurtenances, to be the right of the said W. as those which the said W. and N. have by the gift of the aforesaid O. and A. And those they have remised and quite claimed from them the said O. and A. and the heirs of the said A. to the aforesaid W. and N. and the heirs of the said W. for ever. And furthermore, the said O. and A. have granted for themselves, and the heirs of the said A. that they will warrant to the aforesaid W. and N. and the heirs of the said W. the aforesaid tenements, with the appurtenances, against the aforesaid O. & A. & the heirs of the said A. for ever. And for this, etc.   

A Fine knowledged by two Husbands, and their Wives, of two Messages, and two Gardens, with several warranties.  
COmmand G. F. and R. his Wife, A. I. and K. his Wife, that they hold to G. T. the Covenant, etc. of two Messages, two Gardens, with the appurtenances, in K, etc. And unless, etc.  
And the Concord is such, (to wi●) that the aforesaid G. and R. and A. and K. have recognised the tenements aforesaid, with the appurtenances, to be the right of the said G. as those which the said 1 hath by the gift of the aforesaid G. and R. and A. K. & those they have remised and quite claimed, from them the said G. and R. and A. and K. and the heirs of the said R and K. to the aforesaid G. and his heirs, for ever. And furthermore the said G: and R. have granted, for themselves, and the heirs of the said R. that they will warrant to the aforesaid G. and his heirs, the aforesaid 
Warranty.  Tenements, with the appurtenances, against the aforesaid G. and R. and the heirs of the said R. And moreover, the said A. & K. have granted, for themselves, and the heirs of the said K. that they will warrant to the aforesaid G. and his heirs, the aforesaid Tenements, with the appurtenances, against the aforesaid A. and K. and the heirs of the said K. for ever. And for this, etc.  
Note, That Dyer, that was Chief Justice, saith, That if the women had been sisters, that then there needed not double waranty in form aforesaid, but single warranty is good asserts.   

A Fine knowledged by the Husband and his Wife, to a man and his wife, of one Message, one Garden, one Orchard, one Barn, one Stable, one Wharf, etc. with warranty.  
COmmand R. I. and H. his wife, that justly, etc. they hold to A. I. and K. his wife, the Covenant, etc. of one Message, one Garden, one Orchard, one Barn, one Stable, one Wharf, and one acre of Wood, with the appurtenances, in K. upon K. And unless, etc.  

warranty.  And the Concord is such, (to wit) that the aforesaid R. and H. have recognised the Tenements aforesaid, with the appurtenances, to be the right of the said K. as those which the said A. and K. have by the gift of the aforesaid R. and H. And those they have remised and quite claimed, for them the said R. and H. and their heirs, to the aforesaid A. & K. and the heirs of the said K. for ever. And furthermore, the said R. and H. have granted, for themselves, and the heirs of the said H. that they will warrant to the aforesaid A. & K. & the heirs of the said K. the aforesaid Tenem. with the appurtenances, against the aforesaid R. and H. and the heirs of the said H. for ever. And for this, etc.   

A Fine knowledged by an Earl, and his Wife, to W. C. of a rent of 40 pounds, going out of divers Manors, with warranty.  
COmmand F. Earl of H. and Dame K. his wife, Countess of H. that justly, and without delay, they hold to W. C. Esq; the Covenant, etc. of 40 l. rent, going out of the Manors of B. S. etc. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid Earl and Countess, have recognised the Rent aforesaid, with the appurtenances, to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid Earl and Countess. And those they have remised and quite claimed from themselves, and their Heirs, to the aforesaid W. and his Heirs for ever. And moreover, the said Earl and Countess do grant, for themselves, and the Heirs of him the said 
warranty.  Earl, that they will warrant the Rent aforesaid, with the appurtenances, to the aforesaid H. and his Heirs, against all men for ever. And for this, etc.   

A Fine knowledged by the Husband and the Wife, and one R. D. to R. B. of one Manor, etc. one Message called M, etc. with warranty; who grant and render the same again to R. D. one of the Conusors', for term of 21 years, to begin at a time to come, reserving a Rent; and afterwards the Conusees grant the reversion of the said Manor, etc. and the reversion to one of the Conusors' and his wife, and to the heirs of the Husband, to hold of the chief Lords of the Fee.  
COmmand I. F. and B. his Wife, and R. D. that justly, etc. they hold to R. B. the Covenant, etc. of the Manor of C. and I. with the appurtenances, and of two Messages, called B. 20 Messages, 40. acres of Land, 100 acres of Meadow, 500 acres of Pasture, 200 acres of Wood, and 40 acres of Furs and Heath, with the appurtenances in W. F. And unless, etc.  
And the Concord is such (to wit) that the aforesaid I. B. and R. have recognised the aforesaid Manors and Tenements, with the appurtenances, to be the right of him the said R. B. as those which the said R. hath by the gift of the aforesaid I. and B. and R. and those they have remised and quite claimed from themselves and their Heirs to the aforesaid R. and his Heirs for ever. And furthermore the said I. and B. have granted for themselves and the Heirs of him the said I. 
warranty.  that they will warrant to the aforesaid R. and his Heirs, the aforesaid Manors and Tenements, with the appurtenances, against all men for ever. And for this, etc. the same R. hath granted to the aforesaid R. the aforesaid Manors and Tenements, with the appurtenances, and those to him he hath rendered, etc. To have and to hold to the aforesaid R. from the Feast of St. Michael the Archangel, 
The Term, & the beginning thereof.  which shall be in the year of our Lord 1650. until the end of the Term of 21 years from thence next following, and fully to be complete. Yielding therefore yearly to the aforesaid R. and his Heirs, one yearly Rent of 
Rent.  27 l. and 6 s. of lawful money of England, at the Feast of Saint Michael the Archangel, and of the Annunciation of the blessed Virgin Mary, 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 Distress.  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 lawful for the aforesaid R and his Heits, into the aforesaid Manor 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 arrearages 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 Manors and Tenements aforesaid, with the appurtenances, and the aforesaid Rent above expressed and reserved, and those to them he hath rendered, etc. 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, etc.   

A Fine knowledged by the Husband and wife, to one I. L. Esquire, of 2 Manors etc. 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, etc. of the Manors 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 furs and heath, with the appurtenances in W. and W. And unless, etc.  
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 Manors, and Tenements aforesaid, with the appurtenances, to be the right of him the said I. as those which the said 1 hath by the gift of the aforesaid R. P. and I. his wife. And those they have remised, etc. And furthermore, etc. And for this, etc. 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 
When 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 demanded.  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, etc. after any Feast of the Feasts aforesaid. wherein, as aforesaid, it ought to be paid, if it be lawfully demanded, that then, etc.   

A Fine knowledged by the Husband and the wife, to H. C. of the third part of a rent issuing out of a Manor, with a warranty against all men.  
COmmand R. and I. his wife, that justly, etc. they hold to H. C. the Covenant, etc. of the third part of 5 l. 6 s. 8 d. rend with the appurtenances issuing out of the Manor of K. And unless, etc.  

Warranty  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, etc.   

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. etc. during the wife's life; with warranty also during her life.  
COmmand H. P. and M. his wife, that they hold to T. H. the Covenant etc. of the third part of 34 acres of Meadow, 44 acres of Pasture, and 6 acres of wood, with the appurtenances in S. And unless, etc.  

A fine upon release of dower by the husband and wise. The estate The uva.-  And the Concord is such (to wit) that the aforesaid H. and M. have granted and rendered 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 etc.   

A Fine knowledged by V K. knight to I S. knight, E. G. the Queen's Attorney general, and others, of two Manners, 70 Messages and Cottages, etc. which the Lady V widow 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 Attorney general R. W. Esq; and W. R. Gent. the Covenants, etc. of the Manors of H. otherwise of the Prior H. and M. otherwise Prior M. of 70 Messages and Cottages.  

The widow's estate in the Conusors' inheritance.  And the Concord is such (to wit) that the aforesaid V hath recognised the Manors, Tenements, and rend aforesaid, with the appurtenances, to be the right of him the said S. And hath granted for himself and his heirs, that the Manors Tenements and Rend aforesaid, with the appurtenances, which Dame V K. widow, 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 Manors, Tenements, and rend 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 recognizance, etc.   

A Fine knowledged by a Widow, and another, to the Precedent and Scholars of Saint John's College in Oxon, of the Scite and principal house of the College, commonly called, the White Friars, in the suburbs of Oxon; and 6 Messages, 6 Gardens, 6 Orchards, etc. also in the same Suburbs, with warranty.  

A Fine sur cognisance de droit.  COmmand I. P. Widow, and E. P. Gent. that justly, etc. they hold to W. E. Precedent of the College of St. John the Baptist, in the University of Oxford, and the Scholars of the same College, the Covenant of the Scite and principal house of the College, commonly called The white Friars, in the Suburbs of the City of Oxford, with the appurtenances, and of 6 Messages, 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 unless, etc.  
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 Precedent and Scholars, as those which the same Precedent 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 Precedent & 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 Precedent 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, etc.   

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, etc. of 30 acres of Land, 2 acres of meadow, 3 acres of pasture, and 6 acres of wood, with the appurtenances, in C. And unless, etc.  

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 etc.   

A Fine knowledged by T. N. Knight, to G. T. Esquire, of one Manor, one Message, etc. with warranty against all men.  

A Fine sur cognisance de droit.  COmmand T. N. Knight, that justly, etc. he hold to G. T. Esquire, the Covenant, etc. of the Manor of T. with the appurtenances, and of one Message, ten acres of Meadow, fifty acres of Pasture, and thirty acres of wood, with the appurtenances in T. and G. And unless, etc.  

The warranty.  And the Concord is such, (to wit) that the aforesaid T. N. hath recognised the Manor 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 Manor and Tenements aforesaid, with the appurtenances, against all men for ever. And for this, etc.   

A Fine knowledged by T. W. and K. his wife, to G. S. of the third part, of 8 Messages, 6 Gardens, etc. the which one M. B. Widow 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 widow, 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 widow, 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 etc. they hold to G. S. the Covenant between them made of the third part of 8 Messages, 6 Gardens, 6 acres of land, 10 acres of meadow, 20 acres of pasture, 50 acres of wood, with the appurtenances, in A. B. etc. C. etc.  

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. Widow 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, etc. 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, etc.   

A Fine knowledged by the Husband and the Wife, to one I. I. of 9 Messages, etc. with warranty against all men.  

A fine sur Cognisance de droit.  COmmand E. P. Gent. and E. his Wife, that justly, etc. they hold to I. L. the Covenant between them made, of 9 Messages, 9 Gardens, 300 acres of Land, 100 acres of Meadow, 100 acres of Pasture, 20 acres of wood, 100 acres of Furs and Heath, etc. And of the moiety of 20 Messages, 20 Gardens, one Water-mill, one Dove-house, 60 acres of Land, 200 acres of Meadow, 300 acres of pasture, 60 acres of wood, 100 acres of Furs and Heath, with the appurtenances, in N. B. C. D. etc. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid I. P. and E. have recognised the aforesaid Tenements, and moiety, with the appurtenances, to be the right of him the said I. L. as those which the same I. L. hath by the gift of the aforesaid I. P. and E. and those they have remised, and quite claimed, from themselves and their heirs, to the aforesaid I. L. and his heirs for ever. And furthermore, the same I. P. and E. have granted for themselves, and the heirs of her the said E. that they will warrant to the aforesaid I. L. and his heirs, the aforesaid Tenements, and moiety, with the appurtenances, against all men for ever. And for this, etc.   

The order of taking the knowledge of a Fine by a Dedimus Potestatem directed to divers, but the knowledge taken only by two of the Commissioners, and the certifying thereof by the Commissioners that took the knowledge.  
AFter the Fine is acknowledged, the Commissioners must write under the Concord of the said Fine, as followeth:  

Taken and knowledged this day, etc. in the year, etc. before A. B. Esquire, and C. D. by virtue of the writ of the Lord Protector of Dedimus potestatem, to us and others directed.  
Commissioners 

A. B.  
C. D.    
Then writ upon the back of the Dedimus Potestatem,   

The Answer of A. B. Esq; & C. D. Gent. two of the Commissioners within named.  
The execution of this Commission appeareth in a certain Schedule to this Commission annexed.  
 
Then must the Commissioners subscribe their names.    

A Fine knowledged by W. D. and I. D. to I. R. and I. D. of one Message, and one Cottage in Ipswich, with warranty against all men. In consideration whereof the Conusees do grant and render the premises to the said I. D. one of the Conusers for the term of 7 days next following, and afterwards the same premises wholly to remain to one M. G. for her life, and after her death, the premises wholly to remain to the said W. D. oneof the said Conusors', and his heirs for ever.  
COmmand W. D. and I. D. that justly, etc. they hold to I. R. Gent. and I. D. the Covenant of one Message, and one Cottage, with the appurtenances in I. And unless, etc.  

warranty.  And the Concord is such (to wit) that the aforesaid W. D. and I. D. have recognised the tenements aforesaid, with the appurtenances, to be the right of him the said I. as those which the same I. and I. D. have by the gift of the aforesaid W. D. and I. D. And those they have remised and quite claimed from themselves and rheir heirs, to the aforesaid I. I. and the heirs of him the said I. for ever. And furthermore the same W. and I. have granted for themselves and the heirs of him the said I. D. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. the tenements aforesaid, with the appurtenances, against all men for ever. And for this recognizance, etc. the same I. and I. have granted the tenements aforesaid, with the appurtenances to the aforesaid I. D. And 
The render  those to him they have rendered in the same Court. To have and to hold to the said I. D. for term of 7 days, from hence next following. And after that Term ended, the aforesaid Tenements, with the appurtenances, shall wholly remain to one M. G. To have and to hold to the said M. to hold of the chief, etc. during the life of the said M. and after the decease of the said M. the aforesaid Tenements, with the appurtenances, shall wholly remain to the aforesaid W. D. and their heirs for ever, to hold of the chief, etc.   

A Fine acknowledged by the Husband and his Wife, to H. S. Esquire of of 2 Messages, etc. with warranty against all men.  
THis is the final Concord made in the Court, etc. at, etc. the day, in the 
A Fine sur cognisance de droit.  year, &c, between H. S. Plaintiff, and W. G. and S. his wife Deforcients of 2 Messages, 2 Witch-houses, otherwise Salt-houses, 2 Shops, 2 Chambers, one Stable, 10 acres of land, 4 acres of Meadow, and 6 acres of Pasture, with the appurtenances in, etc. whereof plea of Covenant was summoned between them in the same Court (to wit) that the aforesaid W. and E. his Wife have recognised the tenements aforesaid, with the appurcenances, to be the right of the aforesaid H. S. as those which the same H. S. hath by the gift of the aforesaid W. E. And those they have remised and quite-claimed from themselves and their heirs to the aforesaid H. and his heirs for ever. And moreover the aforesaid W. and E. have granted for themselves, and the heirs of him the said W. that they and the heirs of the aforesaid W. the tenements aforesaid, with the appurtenances, to the aforesaid H. and his heirs will warrant for ever. And for this, etc.   

A Fine acknowledged before the Justices of the Common pleas at Westminster, etc. with warranty against all men.  

warranty.  THis is the final Concord, in the Court of the Lord Protector at Westminster, in 8 days of St. Martin, In the year, etc. before E. M. W. S. H. B. and I. H. Justices, and other faithful, etc. then there present, between R. B. Esquire, and J. L. Gent. and R. L. Gent. Plaintiffs, and H. D. Deforcient of 2 Messages, one toft, 80 acres of land, 20 acres of Meadow, 40 acres of Pasture, and 3 acres of Wood, with the appurtenances, in H. and W. whereof plea of Covenant was summoned between them in the same Court (to wit) that the aforesaid H. hath recognised the aforesaid tenem. with the appurt, to be the right of him the said R. B. as those which the same R. J. and R. have by the gift of the aforesaid H. and those he hath remised and quit claimed from himself and his heirs, to the aforesaid R. J. and R. and the heirs of him the said R. for ever. And furthermore the same H. hath granted for himself and his heirs, that he will warrant to I. R. and the heirs of him the said R. the aforesaid Tenements, with the appurtenances against all men for ever. And for this remise, quit claim, warranty, fine, and Concord, the same R. I. and R. have given to the aforesaid H. 38 l. sterling.   

A Fine acknowledged by R. H. of P. to R. B. of the Mnnnor of I. with warranty against the Conusor and his heirs.  
COmmand R H. of P. Esquire, that justly, etc. he hold to R. B. R. H. etc. the Covenant between them made, of the Manor of J. otherwise J. with the appurtenances, and of 20 Messages, 500 acres of land, 100 acres of Meadow, 500 acres of Pasture, 100 acres of wood, 100 acres of Moor and Marish, with the appurtenances in J. alias. I. W. and N. And unless, etc.  
And the Concord is such (to wit) that the aforesaid R. H. hath recognised the Manors and Tenements aforesaid with the appurtenances, to be the right of the aforesaid R. B. as those which the said R. etc. have by the gift of the said R. H. And those he hath remised and quit claimed from him the said R. and his heirs, to the aforesaid R. etc. and the heirs of him the said R. B. for ever. And furthermore the same R. H. hath granted, for himself and his Heirs, that he will warrant the 
warranty.  Manors and Tenements aforesaid, with the appurtenances, to the aforesaid R. etc. and the heirs of him the said R. for ever. And for this, etc.   

This is the Fine as it is engrossed of Record, whercof the Fine next before is but the Note.  
THis is the final Concord made in the Court of the Lord Protector, at &c. (tali die) etc. in the year, etc. before I. T. Esq; Justice of the said Lord Protector of Chester, at Chester, and other faithful, etc. then there present. Between R. B. R. H. and H. H. Plaintiffs, and R. H. of P. Esq; Deforcient of the Manor of I. with the appurtenances, and of, etc. whereof plea of Covenant was summoned between them in the same Court, to wit, that R. H. hath recognised the Manors and Tenements aforesaid, with the appurtenances, to be the right of the aforesaid R. B. as those which the same R. R. and H. have by the gift of him the said R. H. And those he hath remised, and quite claimed from him the said R. and his Heirs, to the aforesaid R. etc. and the Heirs of the said R. B. And turthermore, the same R. H. hath granted, for himself and his Heirs, that he will warrant the Manor and Tenements aforesaid, with the appurtenances, to the aforesaid R. B. and H. and the Heirs of him the said R. B. for ever. And for this Recognisance, Warranty, Fine, and Concord, the same R. etc. have given to the aforesaid R. H. 100 pounds of silver.   

The nine Proclamations of the Fine next before made, according to the Statue of 2 Ed. 6. made for Fines, with Proclamations within the County Palatine of Chester.  

☞  THe first Proclamation was made on Wednesday in that same Sessions. The second Proclamation was made Thursday in the very same Session. The third Proclamation was made in full Sessions here, at etc. holden the day, etc. in the year, etc. Et sic de caeteris, etc.  

Note.  Three Proclamations in every Sessions.   

A Fine knowledged by A. B. to T. F. and G. H. of a Manor, with warranty against all men: and the Conusees in the same Fine, grant and render again the said Manor to the said A. B. for one week, and afterwards to N. M. for 21 years, to begin after the Feast of St. Martin the Bishop in winter, reserving a red Rose at Midsummer, if it be asked. And after the end of the said Term of 21 years, the said Manor, &c: wholly to remain to the said A. B. the Conusors', and his heirs for ever.  
COmmand A. B. that justly, etc. he hold to T. F. and G. H. the Covenant of the Manor, etc.  

The warranty.  And the Concord is such, (to wit) that the aforesaid A. hath recognised the Tenement aforesaid, with the appurtenances, to be the right of him the said T. as those which the same T. and G. have by the gift of the aforesaid A. 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 A. hath granted, for himself, and his heirs, that he will warrant the Tenements aforesaid, with th'appurtenances, to the aforesaid T. & G. & the heirs of him the said T. against all men for ever. And for this, etc. the said T. and G. have granted, and in the same Court rendered the Tenements aforesaid, with the appurtenances, to the aforesaid A. 
The render.  for one week. And after that Term ended, the Tenements aforesaid, with the appurtenances, shall wholly remain to N. M. and his assigns, for the term of 21 years, after the Feast of S. Mart. the Bp. in winter next to come, immediately following, and fully to be complete, Yielding therefore yearly to the aforesaid T. & G. and the heirs of him the said T. during all Term aforesaid, one red Rose, at the Feast 
Rent.  of the Nativity of S. John the Baptist, if it be asked. And after that Term ended, the Tenements 
Remainder in fee to the Conusor.  aforesaid, with the appurtenances, shall wholly remain to the aforesaid A. and his heirs for ever, etc.   

A Fine knowledged by R. B. of two Messages, etc. to I. A. with warranty against all men: and the Conusee granteth the premises again to the Conusor for one week, and afterwards to one W. B. for life, reserving a rent, and afterwards to the Conusor for his life, and after to S. B. his wife for her life, and after to J. B. son of the Conusor, and his wife, for life: and afterwards the said Conusee granteth the reversion of the premises and the rent, to the said R. B. the Conusor, and his heirs, for ever.  
COmmand R. B. Gent: that justly, etc. he hold to I. A. the Covenant, etc. of two Messages, etc. And unless, etc.  

warranty.  And the Concord is such (to wit) that the aforesaid R. hath recognised the Tenements aforesaid, with the appurtenances, to be the right of him the said I. A. as those which the same I. hath by the gift of the aforesaid R. B. and those he hath remised and quite claimed from himself and his Heirs, to the aforesaid I. and his Heirs for ever. And furthermore▪ the same R. B. hath granted for himself and his Heirs, that he will warrant the Tenements aforesaid, with the appurtenances, to the aforesaid I. A. and his heirs, against all men for ever. And for this recognizance etc. the same I. hath granted to the aforesaid R. B. etc. and those to him he hath rendered in the 
The render  same Court. To have and to hold the Tenements aforesaid, with the appurtenances, to the aforesaid A. R. B. for term of one week: and after that term ended, the remainder to W. B. for term of the life of him the said W. B. Yielding therefore by the year to the aforesaid 
Rent.  I. A. and his Heirs 40 l. at 4 Terms of the year, viz. at, etc. by equal portions to be paid. And after the decease of him the said R. B. the remainder thereof to S. B. wife of the aforesaid R. for term of the life of her the said S. Yielding (ut supra.) And after the decease of her the said S. B. the remainder thereof to I. B. son of the aforesaid R. for term of his life. Yielding therefore, ut supra. And also, the aforesaid I. A. hath granted to the aforesaid R. B. the reversion and rent of the Tenements aforesaid, with the appurtenances, and those to him he hath rendered in the same Court. To have and to hold the reversion 
The grant of the reversion, & the rent.  and rent of the Tenements aforesaid, with the appurtenances, to the same R. S. and his heirs for ever: To hold of the chief Lords of the Fee, etc.   

A Fine of Rent issuing out of 6 Messages, and 6 Gardens, with warranty against all men.  
COmmand W. A. and A. his wife, that justly, etc. they hold to R. B. the Covenant, of one annual rent of 5 l. issuing out of and in 6 Messages, and 6 Gardens, with the appurtenances in L. And unless, etc.  
And the Concord is such, (to wit) that the aforesaid R. hath recognised the Manors 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 those he hath remised and quite claimed, from himself and his heirs for ever. And the aforesaid R. hath granted, for himself, and the heirs of him the said W. that they will warrant the rent aforesaid, with the appurtenances, to the aforesaid R. B. and his heirs, for ever, against all men. And for this, etc.   

A Fine knowledged by K. L: of a Manor, etc. to H. G. with warranty against all men; In consideration whereof, the Conusee by the same fine granteth to the Conusor & his heirs one annuity of 8l. issuing out of the same Manor, to be paid yearly at the Mansion house of the said Conusor, at a certain day and hour; imposing a pain of 18. s. to be forfeited, in default of payment of the said Annuity; with a clause of distress for the said Annuity and rent.  
COmmand R. L. that justly, etc. he hold to H. C. the Covenant, etc. of the Manor, in O. etc. And unless, etc.  
And the Concord is such (to wit) that the aforesaid R. hath recognised the Manor and Tenement 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 those he hath remised and quite claimed, from himself and his heirs, for ever. And furthermore, the same R. hath granted, for himself and his heirs, that he will warrant the Manor aforesaid, with 
warranty.  the appurtenances, to the aforesaid H. and his Heirs against all men for ever. And for this, etc. the aforesaid H. hath granted to the aforesaid R. one annuity or yearly 
The grant of an Annuity.  rent of 8 l. of lawful money of England, issuing and to issue, out of and in the Manor aforesaid, with the appurtenances, and that to him he hath rendered in the same Court; 
The day, hour, & place of payment of the said Annuity.  To have and perceive the aforesaid annuity or yearly rent of 8 l. to the aforesaid R. his heirs and assigns on the 8th day of September, between the ninth & twelfth hour before noon-tide of the same day, at his Mansion house in the Town of R. in the County of S. to be paid. And if it happen the aforesaid annuity or yearly rent of 8 l. to be in arrear and unpaid, 
Clause of distress for the annuity, & penalty.  in part or in all, by the space of twenty days after the aforesaid eighth day of September, in which as aforesaid, it ought to be paid; That then the aforesaid H. and his heirs, shall forfeit to the same R. and his heirs, 18 s. of lawful money of England, nomine poene, so often as the aforesaid annuity or yearly rent, or any part thereof, shall happen to be in arrear. And it shall be lawful for the aforesaid R. and his heirs, into the aforesaid Manor, with the appurtenances, and into every parcel thereof to enter, and to distrain, as well for the aforesaid annual rent of 8 l. and for every parcel thereof, as for the aforesaid 18 s. nomine poene, to the said R. and his heirs forfeited, so often as it shall so happen to be in arrear, and unpaid; and the distresses so there taken and had, it may be lawful to lead, bear and drive away, and in his custody to retain, until aswell of the aforesaid annuity or yearly rent of 8 l. as of the aforesaid 18 s. nomine poene, as often as it shall be forfeited, the said R. and his heirs, shall be satisfied and paid.   

A Fine knowledged by A. B. Esquire of 2 Messages, etc. to S. H. in tail general, to hold of the Conusor, and his heirs by the XL. part of a Knight's Fee, and 15 s. 4 d. rent, with warranty against all men.  
COmmand A. B. Esquire, that justly, etc. he hold to S. H. the Covenant of two Messages, etc. with the appurtenances in M. And unless, etc.  

An estate in general tail.  And the Concord is such, (to wit) that the aforesaid A. B. hath granted the Tenements aforesaid, with the apurtenances, to the aforesaid S. and the heirs of the body of him the said S. lawfully begotten. To hold of the L. A. and his heirs, by the fortieth part of a Knight's fee, and by the rent of 15 s, 4 d. by the year, 
The tenure rend.  at the Feast, etc. yearly to be paid. And furthermore, the aforesaid A. hath granted for himself and his heirs, that he will warrant the Tenements aforesaid, with the appurtenances, 
Warranty of the estate tail.  to the aforesaid S. and the heirs of his body lawfully begotten, as aforesaid, against all men for ever. And for this, etc.   

A Fine knowledged by A. B. and M. his Wife, of a Manor, etc. to S. P. reciting that where the said Conusors' hold the said Manor for the life of the said M. the reversion thereof to the said Conusee and his heirs belonging. The said Conusors' grant to the Conusee all that their estate in the said Manor, during the life of M: one of the Conusors', with warranty against them during the life of the said M.  
COmmand A. B. and M. his wife, that justly, etc. they hold to S: P. the Covenant etc. of a Manor, etc. And unless, etc.  
And the Concord is such, (to wit) That whereas the aforesaid A. & M. have and hold, for term of the life of her the said M. the Manor aforesaid, etc. with the appurtenances (the reversion thereof to the aforesaid S. P. and his heirs belonging, the same A. & M. have granted to the aforesaid S. the Manor aforesaid, with the appurtenances, and all and whatsoever in the Manor aforesaid, etc. they have, to the same S. during the life of her the said M. And the aforesaid A. and M. will warrant to the aforesaid S. the Manor, etc. with the appurtenances as aforesaid, against the aforesaid A. and M. during the life of her the said M. And for this, etc.   

A Fine knowledged by J. C. and T. his Wife, of 2 Messages, 1 Barn, etc. to one H. P. with warranty: and the said H. P: in consideration of the said Fine, granteth and rendereth again by the same Fine, the premises to the Conusors' for one day, and afterwards to I. P. widow, for her life, and after her death, the premises wholly to remain to H. P. and his heirs for ever.  
COmmand I. C. and T. his wife, that justly, etc. they hold to H. the Covenant, etc. of two Messages, one Barn, etc. And unless, etc.  

warranty.  And the Concord is such (to wit) that the aforesaid I. and T. have recognised the Tenements 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 I. and T. And those they have remised, and quite claimed, from themselves and their heirs, to the aforesaid H. and his heirs for ever. And furthermore, the aforesaid I. and T. have granted for themselves, and the heirs of him the said I. that they will warrant the tenements aforesaid, with the appurtenances, to the aforesaid H. and his heirs, against all men for ever. And for this recognizance, etc. the aforesaid H. hath granted the tenements aforesaid, with the appurtenances, 
The Render  to the aforesaid I. and T. And those to them he hath rendered in the same Court. To have and to hold to the same I. and T. for term of one day; so that after the said Term ended, the tenements aforesaid, with the appurtenances, shall wholly remain to I. P. widow, for term of the life of the same I. And after the death of the aforesaid I. the Messages and Barn aforesaid, etc. shall wholly remain to H. P. and his Heirs for ever. To hold of the chief Lords of that Fee, etc. and 5 acres of land, and one acre of meadow, with the appurtenances, being residue of the tenements aforesaid, shall wholly remain to A. B. and his heirs for ever. To hold, etc.   

The taking of the knowledge of the Fine.  
TAken and recognised before James D. Knight, chief Justice of the Common bench, in the year, etc.  

Notes to be observed in Fines.  
1. Note that there be some more things pass in the Praecipe, which are not named in the Concord.  
2. Note that a Cause of reentry may not be in a Fine.  
3. Note that if a man purchase divers parcels of Land of divers men, he shall have all the parcels pass in one common fine, but he must have several warranties of every one of the parties for their several parcels.  
4. Note that Catlin, Chief Justice of the Upper Bench, said, that South nosme de bois haut bois et Subbois passera en un fine.  
5. Note that by Dyer a render cannot be made, but only to him that is named in the Fine: but a remainder may be limited to one by a Fine, though he be not named in the Praecipe.    

A Fine knowledged by the Husband and wife unto two, of 30 Messages, etc. the Cognisees render the same again to the said Conusors' for term of their two lives; with divers remainders over after their deaths in general tail to the Children of the said Conusors', and for default of issue of the said Conusors' to the right heirs of the wife of the Conusor for ever.  
THis is the final Concord made in the Court of, etc. (such a return, & tali Anno) before R. B. A. F. T. E. and W. S. Justices, And afterwards in 8 days of the Holy Trinity, in the year, etc. there granted and recorded before the same Justices, and other of the faithful of the Commonwealth of England then there present, Between W. H. and I. R. Plaintiffs, and I. C. and T. his wife Deforcients, of 30 Messages, 200 acres of Land, 300 acres of Pasture, 10 acres of Wood, 200 acres of ling and heath, and 30 s. rent, with the appurtenances in P. F. etc. whereof plea of Covenant was summoned between them in the same Court; to wit, that the aforesaid I. C. and T. have recognized the aforesaid Tenements, with the appurtenances to be the right of him the said I. R. as those which the same I. and W. have by the gift of the aforesaid I. C. and T. And those they have remised, and quite claimed, from them the said I. C. and T. and the heirs of him the said T. to the aforesaid W. and I. R. for ever. And furthermore the said I. C. and T. 
General warranty.  have granted for themselves and the heirs of him the said T. that they will warrant to the aforesaid W. and I. R. and the heirs of him said I: R. the aforesaid Tenements, with the appurtenances, against all men for ever. And for this recognizance, remise, quite claim, warranty, fine, and Concord, the same W. and I. R. have granted to the aforesaid I. C. and T. the aforesaid Tenements, with the appurtenances. And those to them they have rendered 
The render  in the same Court. To have and to hold to the same I. C. & T. of the chief Lords of that Fee, by the Services which unto the aforesaid Tenements do belong, all the life-time of the said I. C. and T. and the longer liver of either of them. And after the decease of the said I. C. & T. the aforesaid tenements, with the appurtenances shall wholly remain to I. C. son of the aforesaid I. C. and T. and the heirs of his body 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 it happen that the said J. C. the Son shall die without heir of his body lawfully begotten, then after the decease of him the said J. the aforesaid Tenements, with the appurtenances, shall wholly remain to R. C. one other Son of the aforesaid J. C. the Father, and T. and to the heirs of his body lawfully begotten. To hold of the chief Lords of the Fee, by the services which unto the aforesaid Tenements do belong for ever. And if it happen the said R. to die without heir of his body lawfully begotten; then after the decease of him the said R. the aforesaid tenements, with the appurtenances, wholly to remain to the heirs of the bodies of the aforesaid J. C. the Father, and T. 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 bodies of the aforesaid J. C. the Father, and T. shall be lawfully begotten, than the aforesaid Tenements, with the appurtenances, shall wholly remain to the right heirs of the aforesaid T. To hold of the chief Lords of that Fee, by the services which unto the aforesaid Tenements do belong for ever.   

Adjuncts of Concord's.  
THe adjuncts of a Concord be of two sorts, Internal & External; Internal be such as be contained within the very Concord itself, of which sort be the clause of reservation, of the Services, Rent, or other thing, the clause 
Reservation, Nomine poene, Distress,  of Nomine poene, the clause of Distress, and the clause of Warranty: All which clauses of Reservation, Nomine poene, Distress, and Warranty, are to be made in such words, and in such forms, 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 Concord's 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 licence 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 Clerk 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 pass thereby, which is to be signed by the Doctor of the Chancery, that hath power to take Oath: Then the King's 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, etc. 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 given 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 Moiety of the Manor of C. with the appurtenances, and 40 Messages, 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 rend, with the appurtenances in W. and elsewhere in our County of N. to the said moiety appertaining, or belonging, parcel thereof being reputed or accepted as they are held of us in Capite, may give grant, alien, sell, bargain, enfeoff, 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, Bailiffs, 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. Witness myself at Westminster the last day, etc.   

A licence to alien in Mortmain.  
OLiver, etc. To all, etc. know ye that we of our special grace, and for 40 s. to us paid in our treasury, have granted and given licence, and do 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 sovereign 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 alms for ever. Nilling, etc. 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 Manors of F. and W. with the appurtenances, which are held of us in Capite, may infeoff to K. etc. (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 Manors 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 Manors aforesaid, before you in the same Bench to be levied ye permit, according to the tenor of our Letters aforesaid. Witness etc.  
But before the 20 H. 3. the King's tenant in Capite might have aliened his free lands without licence, 14 H. 4. 3. 20. Ass. P●ac. 17. as it seemeth.   

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 Mortmain, or release right in Mortmain, or exchange, the ancient use was to have a writ ad quod damnum, containing the substance of the King's licence out of the Chancery, directed to the Escheator in the County wherein the Lands lie, to be aliened, to inquire and certify 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-lands, besides those to the Alienor, to sustain public charges, and to be in Assizes and Juries, etc.  
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 King's Patents, in these words: absque aliquo brevi de Ad quod damnum, seu aliquibus aliis b●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. unless the Commissioners will more favourably compound for the same, as in some cases upon reasonable cause shown they use to do; 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 Mortmain be made without licence, the King may seize them as forfeited or escheate●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 ●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 certify to the Justices of the Common Place, the cognisance of the Cognisees, when they cann●t conveniently travel to do it in Court, and it ought to recite 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, etc. 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 Manor of T. with the appurtenances; And of two Messages, 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 unless they shall do 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 days of St. Michael to show wherefore they will not do it. And have you there the Summoners, and this Writ. Witness, etc. the 14th day of N. In the year, etc.  

Fine.  And the Fine thereof was wont to be entered under the Writ thus.  
For xx s. paid to the Farmer of the Fines of ou● Sovereign Lord the King, by virtue of the Kings warrant.  

Endorsement.  Then must the writ of Covenant be endorsed thus,  
By E. S. for the fine within written, who affirmeth that the Tenements within named, do not exceed the value of 10 l. by the year.  
The Sheriff's return, E. S.  

Pledges of persecuting  
John Do,  
Rich. Roose.   

Sumoners.  
John Den.  
Rich Fen.   

The Commis. of Fines  
W. L. T. W  
R. Eure. Esq;  
Sheriff.    

The Dedimus potestatem thereof.  
OL. etc. To our beloved and faithful etc. 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 manor of T. with the appurtenances, and of 2 Messages, 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 levy a Fine thereof, between them, before our Justice's aforesaid, in the Bench aforesaid, according to the Law and custom of our Commonwealth 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 contained to make Cognisances, which in this behalf are required, travel they cannot, as we have received: We to the state of the said T. and A. pitiful 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 Justice's aforesaid thereof, under the Seals of four, three, or two of you, distinctly and openly you certify; that then that Fine between the parties aforesaid of the Premises, before our Justice's aforesaid, in the Bench aforesaid, may be levied according to the Law and Custom aforesaid; sending to the said Justices this writ: witness myself at Westminster 14th day of Novemb. In the year etc. 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 instance of the demandant 〈◊〉 formerly it was thus. Per Dominum custod. magni Sigilli Angliae ad instanc. petend.  
The Commissioners etc. names must be subscribed thereunto, and the Justice of the Circuit thus.  

The Commissioners names I P. C. D. and E. F.  
The Justice of the Circuit F. B.   

Return.  The execution of this writ appeareth in the Schedule to the same annexed.    

The Praecipe, and Concord which must be filled to the Dedimus Potestatem.  

The writ of Covenant.  COmmand T. of P. Esq; and A. his 
York. ss.  Wife, that justly etc. they hold to W. P. Gent. the Covenant etc. of the Manor of T. with the appurtenances, and of 2 Messages, 3 Cottages, 5 Tofts, one Dove-house, 5 Gardens, 5 Orchards, 100 acres of Land, 50 acres of Meadow, 50 acres of Pasture, 10 acres of Wood, 100 acres of Ling and Heath, forty shillings rend, and Common of Pasture for all Manner of Beasts, with the appurtenances in W. and B. and unless, etc.  
And the Concord is such (to wit) that the aforesaid T. and A. have recognised the aforesaid Manor, Dove-house Tenemments, Rent and Common of Pasture, with the appurtenances, to be the right of him the said W. as those which the said W. hath by the gift of the aforesaid T. and A. And those they have remised and quite claimed from them the said T. and A. and the Heirs of him the said T. to the aforesaid W. and his Heirs for ever. And furthermore the said T. and A. have granted for themselves, and the Heirs of him the said T. that they will warrant to the aforesaid W. and his Heirs, the a-aforesaid Manor, Dove-house, Tenements, Rent, and Common of Pasture, with the appurt▪ against themselves, and the Heirs & assigns of him the said T. and against the Heirs and assigns of I B. Esq; and against all men claiming or having any right, title, estate, use, interest, or demand, of or in the same Manors, Dove-houses, Tenements, Rent, and Common of Pasture, with the appurtenances, or of or in any parcel thereof, by, or from under the said T. and I. his Heirs or assigns, or the heirs or assigns of either of them and for this etc.  
Taken and acknowleged at K. in the County of York the ninteenth day of January in the year etc. before  

The Commissioners names.  
G. Shrew.  
W. West.   

The names of the parties.  
T. B.  
A. B.    

A Dedimus potestatem upon a Writ of Customs, and Services for a Fine thereof to be levied.  
O. etc. to his beloved and faithful R. H. one of the Justices of the Bench greeting. Whereas our Writ of Customs and Services hangeth before your Associates our Justices of the Bench, between W. B. Esq; and E. A. Esq; of the Customs and Services which the same E. to the said W. aught to do, of his free Tenement which of him he holdeth in N. as in Homages, Fealty, Releifes, and other Services, in the County of S. And we at the petition of the aforesaid W. and E. have given them Licence thereof to Concord, and the aforesaid W. and E. of themselves are so impotent, that without very great danger of their bodies unto Westminster, at the day in our writ contained, to make the Cognisances which in this behalf are required, are not able to travel, as we have received, We pitying the state of the same W. and E. in this behalf, have given to you power to receive the Cognisances which the same W. and E. before you shall make of the Premises. And therefore we command you that unto the aforesaid W. and E. personally coming, you receive their Cognisances aforesaid. And when you have received them, your associates thereof, distinctly and openly you certify, that then the Fine between the parties aforesaid, of the Premises, before you and your associates aforesaid, in the Bench aforesaid, according to the Law, and Custom of our Commonwealth, of England, may be sevyed. And have you then there this writ, witness etc.   

Of the Fine formerly called the King's Silver.  
THat was called the King's Silver that was wont to be paid to the King now to the Lord Protector for the Licence of the Concord, which upon writs of Covenant was taxed after the rate followings That is to say, for Lands of the yearly.  
value of l. s. d. is paid l. s. d. 3 6 8 ● 6 8 5 6 8 0 10 0 7 13 4  13 4 8 13 4 0 16 8 11 0 0 1 0 0 12 0 0 1 3 4 14 6 8 1 6 8 15 6 8 1 10 0 17 13 4 1 13 4 18 13 4 1 16 8 20 0 0 2 0 0 22 0 0 2 3 4 24 6 8 2 6 8  
Every 5 Marks and 20 s. payeth fine-6 s8 d. from 5-Marks and 20 s. unto 5-Marks and 40 s. payeth-10 s. and above 5 Marks and 40 s. unto 10 Marks and 20 s. payeth 13 s-4 d. and in like proportion for all other Fines, and it is commonly entered by the Clerk, in this form,  

Entry of Kngs' silver  I. W. giveth to the L. P. 10 s. for a 
York. ss.  Licence of concording with E. W. Esq; and I. his wife, of a plea of Covenant of one Message, 10 acres of Land, 10 acres of Meadow, and 10 acres of Pasture▪ with the appurtenances, in D. Reciting the substance of the writ, And they have the Handwriting by the Peace admitted before R. W. one of the Justices of the Lord Protector of the Bench, being Justice in the County.   

Observations necessary at the knowledge of Fines.  

the titling of the note.  When a Fine is to be knowledged it is meet that before the parties come before the Judges or Commissioners, the titling of the writ of Covenant and Concord be fair written, according to the parties minds, and duly examined and also signed or subscribed by all the Cognisors.  

Knowledge of the Cognizes'.  It is also requisite that either of the Cognisors be known to the Justices or Commissioners that must take the Cognisance thereof, or that some other credible person, known to him which taketh the Cognisance, who knoweth the party, be present, and do sufficiently inform the Judge; that they be the selfsame parties, against whom the writ is brought, for some will covenously, knowledge Fines in the names of others that be owners of the Land, 34. H. 6. Fol. 19  

Examinations of Wives.  And if a feme Covert be Cognisor, she must be persuaded, to yield her consent, and be fully agreed with, before she be examined, for in all cases where a Feme Covert is to departed with any thing by fine, she must be examined by the Justices or Commiss. that take this Cognisance, and confess that she doth make Cognisance freely, and not through fear or compulsion of any, before the Cognisance will be accepted. But where she is to take benefit by a Fine, she shall never be examined, 42 Ed. 3. 7. 3 H. 6. 42. 46. E. 3. 15 8 H. 6. 2. 4 Ed. 3. 62. Statut. de finibus. 18 Ed. 2.  

Value.  Also the yearly value of Lands should be set down under the Concord, and some honest person which knoweth the Land, brought thither to make oath for the value thereof, for 
Oath.  without such oath or composition the Fine cannot pass.  

Composition.  And composition with the Commissioners will not readily be made without oath, or some late Fine, Licence, or other matter of Record, to inform the Commissioners, of the value thereof, which being done, the writ of Covenant is again there to be entered, (and the fine thereof if it be finable) must there be paid to the Receiver, and the writ must be signed by the said Commissioners, and that done the said writ must be sealed and returned with the Concord, and Dedimus Potestatem, if the Cognisance was taken by Dedimus Potestatem, & then the said writings must be taken out & signed by the Custos brevium, and thence they must be carried to the Clerk of the Prot. Silver, who must take a note thereof, for the entry of the P. Silver, and sign the same again, and then must they be delivered to the Chyrographer of fines, to be engrossed and proclaimed. The examples whereof appear in their apt places.   

How, and when Cognisances of Fines must be certified, and what may hinder the same.  

Certifitate  IF they which have taken Cognisance of a Fine will not certify the same, a Certiorar. is to be awarded unto them, comprehending the matter of Dedimus potestatem, and command them to certify, etc. which if they do not, there lieth against the Commissioners an alias pluries and attatchment etc. Fitz. N. B. 147. b.  

Time.  But they are not bound to certify such Recognizances, but within a year after such caption thereof; but if they do, it is good enough, 23. El. c. 3. And with every such Certificate they must certify the day and year wherein the same was knowledged thus, Taken at R. in the County of York, the 20th day of October, in the year etc.  
Else no Clerk or Officer may receive the same but shall forfeit for every writ otherwise 
For forfeiture.  received, five pounds 23. El. c. 3. If any of the parties to a Fine die after recognifance thereof, and before it be certified, it ought not to be certified. 1. H. 7. 9 33. H. 6. fo. 52 Dyer fo. 146. pl. 68 7. El.  
But if such Cognisance of a fine be certified and the Prot. silver entered, the fine is good, and may afterwards be engrossed though it be in another Term. Thus,  
THis is the final Concord made, etc. In the morrow of the Purification of the blessed Virgin Mary, and afterwards granted and recorded in fifteen days of Easter, Dyer f. 220. pl. 15. and fo. 254. pl. 104.  
If the Justice or Commissioner that hath taken the knowledge of a Fine, die before 
Justice o● Commissiners. dieth  it be certified, their executors, or administrators may certify the note of the fine to the Justices of the Common-place, by writ Certiorari out of the Chancery to them directed 8. H. 4. 5. 1. H. 7. 9 Fitz. N. B. f. 147. b. The form of which Certiorari is thus.  

Certiorari to the Execut. of the Justice upon the cognisance of the fine.  O. etc. to his beloved B. W. widow executrix, in, of the Testament of T. W. late one of our Justices of the Bench, greeting, We willing for certain causes to be certified upon certain cognisances of a fine between T. D. and I. G. of one Message with the appurtenances in T. and in the County of E. by the aforesaid late Justice taken, & in your custody, by reason of the execution of the Testament aforesaid, being as it is said, We command you that the Cognisanc●●●foresaid, to our Justices at Westminster under your seal distinctly and plainly without delay you send, and this writ that th'aforesaid Justices, further to levy that fine, may cause to be done that which of right and according to the Law and Custom of our Commonwealth of England ought to be done, T. etc.  

Justice discharged.  In like manner, if a Justice having taken cognisance of a fine be discharged of his Office before he hath certified the same, he may not certify it without alike writ notwithstanding that he be restored to his place again, 8. H. 4. 5. 1. H 7. 9  
And thereupon it hath been used that a writ hath been directed to the said Justices, to receive the same cognisance, but it is not in use at this day. F. N. B. 147. E.  

King's death.  But if the King die after the cognisance taken, and before the certifying thereof, the Justices cannot then certify, n●m per mor●em s●u dimissionem Regis c●ssat potestas Judicis 1. H. 7. 9 yet learn, for I think the statute of 1. Ed. 6. c. 7. doth give remedy in this. For the words thereof be these in effect.  
By the death, and demise of any King, no action, bill, or plaint, that shall depend between party and party in any Court of Record, shall be discontinued or put without day, ●ut if the King die after the King's silver is entered, and before the Fine be engrossed, the writ of the Covenant may be resummoned and the Fine engrossed, 1. H. 7. 9  

Femes  If a Feme sole by Dedimus Potestatem knowledge a Fine, and before the return thereof marry, this Fine may be certified and engrossed as of a Feme sole, because the taking of her Husband after the Fine knowledged is her own voluntary act, and such Fine shall bar her, and her Heirs for ever. Dyer fo. 246. pl. 68 Mich. 7. and 8. El.  

Signed.  Every writ of Dedimus Potestatem (to special Commissioners, for the taking of the Cognisance of fines) ought to be signed by the Lord Chancellor, or Lord Keeper, now the Lords Commissioners, or chef Justice of the Common Place, or the chief Justice of the Circuit where the Land lieth.   

Of the Enrolment of Writs of Covenant, Dedimus Potestatem, and knowledges thereupon, which is termed the foot of the Fine.  

enrolment.  BEfore the engrossing of the fine by the Chiographer, the writ of the Covenant, the writ of Dedimus Potestatem, with the knowledges and notes of the same, must be enrolled, and in a Roll to be of Record for ever to remain in the safe custody of the chief Clerk of the 
Custos brevium. Fee.  Common place, (which is the Custos brevium) and his successors, who must have 22 d. fee for enting of the Concord, to the intent that if the notes of the Fines in the Custody of the Chyrographer be embezzled or lost, execution 
Embezelling. Proclamations. The foot of the Fine  may be had upon the said Roll. 5. H. 4: c. 14. upon this Roll the proclamations are endorsed and these notes are termed the foot of the Fine. Dyer fo. 321. pl. 19 15 El.   

Of the Note of the Fine.  

The note of the fine.  THe note of the Fine, is a note thereof made by the Chirographer before it be engrossed, which beginneth thus,  

York. ss.  BEtween A. B. Plaintiff. and C. D. Deforcient. of 2 Messages, 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 Rend, 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 Rend 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 recognizance, grant, fine, and Concord, the said A. hath given to the aforesaid B. 100 Marks sterling.  
Upon which note, before the engrossing of the Fine (if it be of a remainder, reversion, rent, or Seignory) 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 engrossed, for after the engrossing it cannot be had, Plo. fo: 431. b. 22, H. 6. 13. F. Nat. Br. 147 a. which lieth 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. etc. To the Sheriff greeting, we command you that you cause to come before our Justices, etc. (●ali die) G. and A. his Wife, to know what right they claim in one Message, etc. with the ●p●urtenances in B. which Tenements with the appurtena●ces, M. who was the Wife of G. in our Court etc. hath granted to A. of B. by a Fine thereof there between them made, And have you etc.  
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 waist or to avow for rend 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, etc. 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 void 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 waist, be pleaded in Bar, he cannot confess it, 43. E. 3. 5. Contr. 23. E. Fiz. quid Juris. etc. 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 levied 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 nonsuit, 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 disease the Tenant of part he shall have no atturnment, 19 E. 2. Fitz. Quid Juris etc. 46.   

What Persons be compellable to atturn by Quid Juris clamat, and what not.  

T. for life.  THe writ of Quid Juris clamat, lieth 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 etc.  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 reverunon 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. only, per Seton. 32. E. 3. Fitz. Quid Juris, etc. 5.  

T. in Dower. T. by the Courtesy.  If Tenant in Dower or by Courtesy grant their estate, yet the Quid Jur. clam. lieth 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 etc. 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 joint-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.  

joint-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.  

Joint tenant of a reversion.  If the reversion of two joint 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 Wife's 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. Idiot.  Nor Tenant in Frank marriage lib. Intr. Quid Juris clamat 10.  
Nor an Infant, 43. E. 3. 1.  
Nor a Lunatic mad man or Idiot 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 atturnment may be with an excepon if the Tenant have a Lease for life without impeachment of waist, as he may atturn, saving his advantage, and it shall be so entered 45. E. 3. 11. 24. E. 3  

Covenants. Annuity. Warranty Acquittal.  If the Tenant have Covenants to repair etc. 48. E. 3. 32. or have an annuity out of the Land, 48. E. 3. 32. or Covenant of warranty or acquittal, 41. E. 3. 48. or to fell trees, he may atturn, saving these advantages.  

Grant. Remainder in fee.  If A. seized 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 bar the Plaintiff of Atturnment.  

Seisinin fee.  IF the Tenant plead that he is seized in fee the day of the note levied without that, that he was then seized for life, without showing how he is so seized, 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 seized 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 show 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 show 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 etc. For parcel.  fee; cannot allege 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 confess 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 bar, 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 PROCESS 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 Courtesy, 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, etc. to his beloved and faithful I. M. Knight, etc. whereas our Writ of Covenant hangerh before you and your Associates our Justices of the Bench between R. and P. of 100 Acres, etc. 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 Custom of our Commonwealth 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 tendering the State of him the said I. in this behalf, have given you power to receive the cognisance, and to testify the Atturnment which the aforesaid I. before you shall do in this behalf: And therefore we command you, that unto the aforesaid I. personally going, the cognizance which before you in this behalf he shall do, ye receive: And when you have received it, and he before you as it is the manner have atturned himself, your foresaid Associates of the cognizance aforesaid distinctly and openly ye certify, the aforesaid Atturnment certifying, that, that fine between the parties aforesaid, of the Land aforesaid, before you and your Associates aforesaid, in the Bench aforesaid may be levied, according to the Law and custom aforesaid: And have you, etc.  

Default.  By default of appearance, distring. ad atturnandum shall be awarded, 2 E. 3. 9  

Nonsuit.  Nonsuit in quid juris clamat is not peremptory, ry, 18 E. 3. 6. Fitz. Quid Jur. ●7. 24. Ed. 3. 3. Fitz. quid, etc. 39   

The Writ of Summons in Quid juris clamat.  

Summons.  OLiver, etc. to the Sheriff of York greeting, we command you that you cause to come before our Justices of the Bench, from the day of Easter in 15. days, A. B. to acknowledge what right he claimeth in one Message, and ten Acres of Land, with the Appurtenances in B. which M. N. in our Court, etc. hath granted to C. D. by fine thereof there between them made. And have you there, T. etc. upon which Writ none essoin lieth, 9 H. 6. 22. 33. H. 6. 5.   

At the return of which Writ the Sheriff doth return him summoned thus endorsed upon the back of the Writ.  

Pledges of the within named  
A. B. 

I. M.  
R. K.    
S. E. Sheriff.   

And if the plaintiff appear, and the Tenant 
Default.  make default, the entry is thus.  
The Sheriff of York was commanded, that he should cause to come here from the day of Easter in 15. days, A. B. to acknowledge what right he claimeth in one Message, etc. with the Appurtenances in B. which M. N. in the Court of the Lord Protector here hath granted to C. D. by a Fine here thereof between them made: And now at this day came the aforesaid C. by H. I. his Attorney, and the aforesaid A. B. came not, and was mainprised by I. M. and R. L.  

Distress.  Therefore he into all, etc. And he is commanded that he distrain him by all his Lands and Chattels, etc. And that of the profits, etc. And that he have his body here from the day of the Holy Trinity in three weeks, to acknowledge in form aforesaid. etc. And the same day is given to the aforesaid C. here, etc.  

Essoin.  At the return hereof none essoin lieth, because it is judicial, 9 H. 6. 22. 33 H. 6. 5.    

The Distress in quid juris clamat.  
OLiver, etc. to the Sheriff of York greeting, we command you that you distrain A. B. by all his Lands and Chattels in your Bayliwick, so that neither he nor any for him do lay hand thereupon, until you shall receive further command thereof from us, And that you answer us of the profits of them, so that you have his body before our Justices at Westminster, from the day of the holy Trinity in three weeks, to acknowledge what right he claimeth in one Message, etc. with the appurtenances in B. which M. N. in our Court before our Justices at Westminster hath granted to C. D. by Fine thereof there between them made, and to hear thereupon his Judgement for many defaults. And have you there this Writ, T. etc.  

If at the day of the return hereof the parties appear, the entry is thus.  

Atturnment general.  Heretofore even as it appeareth in the Term of the holy Trinity last passed in the Roll 60. it is thus contained ss. The Sheriff of E. was commanded that he should distrain A. B. by all and Et supra in brevi inde until (and to hear, etc. And then. And now here at this day came as well the aforesaid C. D. by his Attorney aforesaid, as the aforesaid A. B. in his proper person, and hereupon the same E. B. prayeth, hearing of the Writ aforesaid, and to him it is read, he prayeth also hearing of the note, whereupon the Writ aforesaid issued forth; and to him it is read in these words, E. S. Between C. D. Plaintiff, etc. as the note is. And then if the Tenant will atturn generally the entry further is: For that they being heard and understood, the same A. B. saith, that he claimeth to hold the aforesaid Message, etc. for Term of his life, as by the note aforesaid is supposed, and that he is ready to atturn himself thereof to the aforesaid C. D. and himself to him, the Court here thereupon hath atturned, and recognized, etc. And had done fealty: therefore let the Fine thereof be engrossed.   

Or if Atturnment be made out of the Court, the Cognisee may inform the Court thereof, and at his suit, than this entry shall be, viz.  
And now here at this day came the aforesaid C. D. in his proper person, and saith, that the aforesaid A. B. hath atturned to him thereof in his proper person, and prayeth that the Fine thereof may be engrossed at his peril, therefore let the Fine thereof be engrossed at his peril, etc.  

Atturnment special.  But if the Cognisee appear, and will atturn specially, it may be done thus: The Sheriff was commanded, etc. ut supra reciting the Process, and the Tenant demanding, and having Oyer of the Writ, and note of the Fine, he may plead thus, viz.  
And hereupon the same A saith, that he holdeth the Tenements aforesaid with the appurtenances for Term of his life, by the demise of M. N. by his certain Deed indented, the other part whereof with the Seals of the aforesaid M. N. signed, the same A. here in Court produceth, the Tenor of which followeth in these words. This Indenture made, etc. reciting the whole Indenture, and saving to himself all advantages and conditions written aforesaid, saith, That he is ready to attorn to the aforesaid C. D. of the Tenements aforesaid, by virtue of the note aforesaid. And the aforesaid C. D. acknowledging not the writing aforesaid, saith, that of whom the same A. B. holdeth the Tenements aforesaid with the appurtenances, by the demise of the aforesaid, M. N. according to the force and effect of the note aforesaid, he prayeth that the same A. B. may attorn himself thereof to him, etc. And the aforesrid A. B. saith, that saving to himself all advantages, and benefit of the writing aforesaid, he is ready to atturn himself thereof to the same C. D. of the Tenements aforesaid, etc. And afterwards the same A. B. saving to himself the advantages of the writing aforesaid, himself to the aforesaid C. D. here in Court hath atturned, and acknowledged, etc. And hath done to him Fealty, etc. Therefore let a Fine thereof be engrossed, etc.  

Bar.  But if the Tenant will pleadin Bar, he may do it thus, if he be Tenant in Frankmarriage, The Sheriff was commanded, etc. ut supra.  

Gift in Frankmarriage.  And the aforesaid A. B. saith, that one P. N. Father of the aforesaid M. N. whose heir he is, etc. by his Deed gave the Tenements aforesaid with the appurtenances to the same A. B. in Frankmarriage with E. his daughter, saving to himself the reversion, etc. which said E. died without issue of his body begotten, And so he faith, that he holdeth the Tenements aforesaid, by form of the Deed aforesaid; and that the reversion thereof, after his death, doth belong unto the aforesaid R. M. and prayeth Judgement, whether he of such his Estate ought to atturn himself thereof to any, etc. and produceth, here in Court the Charter aforesaid, that the gift aforesaid, in form aforesaid testifieth, etc. And the aforesaid C. D. saith, that the day wherein the note of the Fine aforesaid was levied (that is to say) the 9 day, etc. the aforesaid A. holdeth the aforesaid Tenements for Term of his life, as by the note aforesaid is supposed, without this, that he then held the Tenements aforesaid in Free-marriage, as he above alleged. And this he prayeth that, etc. therefore, 12, etc.   

Or thus, if the Tenant Claim Fee, or be not Tenant.  
Which being read, the same A. B. saith, that he by virtue of the note aforesaid, himself to the aforesaid C. D. ought not to atturn, for that one Message, etc. which are in the aforesaid Town of S. of the Tenements aforesaid in the note aforesaid contained, the same A. B. saith, that at the time of the levying of that note was seized of the aforesaid Message, etc. in his demeasne as of Fee by the gift and Feoffment of one L. T. to him thereof made, without this that he at the time of the levying of that note, held that moiety for Term of life only, as by that note is supposed; and tbis, etc. whereof he prayeth Judgement whether he by virtue of the note aforesaid, himself to the aforesaid C. D. of the aforesaid Message, etc. aught to atturn, etc. And as touching the Tenements aforesaid residue of the Tenements in the note aforesaid contained, the same A. B, saith, that he neither at the time of the levying of the note aforesaid, nor at any time afterward held the same Tenements, but rather that W. A. who as yet is in life than was thereof Tenant, as of his freehold, and as yet is. And this, etc. whereof, etc. ut supra.  
And the aforesaid C. D. saith, that he from having the atturnment of the aforesaid A. B. by virtue of the note aforesaid ought not to be barred for that as touching the aforesaid Message in L. aforesaid, the same C. D. saith, that the aforesaid A. B. at the time of the levying of that note held that Message with the appurtenances for Term of his life only, as by that note is supposed. And this he prayeth that, etc. And the aforesaid A. B. likewise. And as ro the residue of the Tenements aforesaid he saith, that at the time of the levying of the note aforesaid, the aforesaid A. B. was Tenant thereof for Term of his life, as by that note is supposed. And this he is ready, etc. whereof he prayeth Judgement, and that the aforesaid A. B. may atturn himself thereof, etc.  
And the aforesaid C. D. saith, that the aforesaid A. B. at the time of the levying of the note aforesaid was not Tenant of the aforesaid residue of the Tenements for Term of his life as, etc. And of this, etc. therefore 12, etc.   

Or thus, where the Cognisor hath nothing in the reversion.  
The Sheriff of D. was commanded, etc. ut supra, which being read and heard, the same A. B. saith, that he by virtue of the note aforesaid, himself to the aforesaid C. D. ought not atturn, because he saith, that the aforesaid M. N. who recognized the Tenements aforesaid, with the appurtenances to be the right of him the said C. D, etc. had nothing in the reversion of the same Tenements with the appurtenances at the time of the levying of the note aforesaid; and this he is ready to verify, whereof he prayeth. etc. ut supra.  
And the aforesaid C. D. saith, that the aforesaid A. B. at the time of the levying of the note aforesaid, to wit, in eight days of Saint Hillary, etc. held the Tenements aforesaid, with the appurtenances for Term of his life; the reversion thereof after his death to the aforesaid M. N. who recognized, etc. and to his heirs belonging, as by the note aforesaid it is supposed. And this he prayeth that it may be enquired by the Country. And the aforesaid A. B. likewise, therefore let 12, etc.   

But if the Tenant claim an Estate tail by devise, thus.  
Which being read and heard, etc. the same A. B. faith, that he by virtue of that note, himself to the aforesaid C. D. of the tenements aforesaid he ought not to atturn, because he saith, that before that the aforesaid M. N. any thing had in the Tenements aforesaid with the appurtenances, one I. F. was seized of the Tenements aforesaid in his demeasne as of Fee, and that the same Tenements with the appurtenances are held, and at the time of the levying of the note aforesaid were held of W. S. in Soccage by Fealty to him, etc. And the same I. being so seized thereof, the 1. day of May last past, made his last will and Testament in writing, and by the same bequeathed to the aforesaid A. B. the Tenements aforesaid by the names, etc. to have to him and the heirs of his body lawfully begotten, and afterward there died, after whose death the aforesaid A. B. into the Tenements aforesaid with the appurtenances entered, and was thereof seized in his demeasne as of Fee-tail, to wit, to him and his heirs by form of the Statute and last will aforesaid. And this, etc. whereof, etc.  
And the aforesaid C. D. saith, that he by any things afore alleged from the atturnment of the aforesaid A. B. by virtue of the note aforesaid ought not to be barred, because he saith, that well and true it is that the aforesaid I. F. was seized as above, as in the Writ aforesaid above it is alleged: but the same C. D. saith, that the same I. F. by his said Testament and last will amongst other things bequeathed the Tenements aforesaid with the appurtenances, etc. by the names aforesaid, to the aforesaid A. B. for Term of his life, and afterward the same I. F. died, after the death of which said I F. the same A. B. into the Tenements aforesaid, with the appurtenances entered, and was thereof seized in 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. etc. ut supra, as the aforesaid A. B. above alleged. And this, etc. & whereof, etc. And the aforesaid A. B. as before saith, etc. (ut supra in brevi) as he before alleged. And of this, etc.    

The Tenant may atturn for parcel, 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, etc. And the aforesaid I. E. prayeth hearing of the Writ aforesaid, and to him it is read, etc. 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 etc. rehearsing the whole note; which being read and heard, the same I. F. as touching the Tenements aforesaid, except 10 Acres in D. parcel 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, etc. And hath done Fealty, etc. 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 seized 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, etc. therefore let a Fine thereof be engrossed, 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 backside 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, etc.   

Attorney in quid Juris clamat.  
UPon such a Plea pleaded, that the Tenant may forfeit his Estate, he may make an Attorney, 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 Attorney by dedimus potestatem; thus.  
Oliver, etc. To his beloved faithful F. B. etc. Whereas our Writ of Covenant hangeth before you and your Associates, our Justices of the Bench between R. & P. of a hundred Acres, etc. 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 custom of our Common-weath of England, to be levied, 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 seized 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 tendering the State of the same I. in this behalf, have given you power to receive an Attorney, 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 Attorney, to us in our Chancery under your Seal, distinctly and openly you certify, returning to us this Writ,  
Witness myself, etc.   

The return thereof.  
I Putteth in his place A. B. his Attorney against R. in a Plea in quid juris clamat to gain or lose.  
And as the Tenant may make an Attorney by dedimus potestatem, so he may atturn, the form whereof followeth.  
Oliver, etc. To his, faithful 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, etc. which I holdeth for his life of the aforesaid P. for a Fine between the aforesaid R. and P. according to the Law and custom of our Common-weal of England, to be levied, 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 tendering the state of him the said I. in this behalf, have given to you power to receive the knowledgement and to testify 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 certify, 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 custom aforesaid. And have you, etc.  
After issue joined, the Tenant may be essoigned thus.  
York ss. A. B. against C. D. in a Plea of quid juris clamat in one Message, etc. whereof the Jury by W. C. in 15. days of Saint Hillary, etc.   

If the issue be found with the Plaintiff, the Judgement is in this form.  

Judgement.  ANd hereupon the premises 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 engrossed, and the aforesaid A. B. in mercy, etc.  
But atturnments entered upon record, before the party mentioned to atturn, do first appear in Court in person, or by attorney, warranted by the hand of one of the Justices of the one Bench, or of the other, or one Justice of Assize upon a Writ of quid juris clamat, quem redditum reddit, or per quae servitia, as the case requireth, is void without Writ of error, 23 Eliz. c. 3. upon which Judgement the Cognisee may have execution by habere facias seisinam, in this form.  
Oliver, etc. To the Sheriff of York greeting, Know you, that whereas C. D. in our Court before our Justices at Westminster, by order of the same Court, hath recovered his seisin against A. B. of one Message with the Appurtenances in L. which M. N. in the same Court granted to the aforesaid C. D. by a Fine thereof between them made, therefore We command you, that to the same C. D. plenary seisin of the Message aforesaid, with the appurtenances, without delay, you cause to have, and what thereof you shall do, you certify to our said Justices at Westminster in eight days of Saint Martin, etc. And have you there this Writ, T. etc.  

A Distringas ad Atturnandum.  
And upon the Judgement to Atturn doth issue a Distringas ad Atturnandum in this form.  
Oliver etc. To the Sheriff greeting, We command you that you distrain A. S. by all his Lands, etc. So that he be before our Justices of the Bench to atturn to C. D. in a plea of Quid juris clamat in one Message with the appurtenances in L. which M. N. in our Court, etc. hath granted to the aforesaid C. D. by fine thereof between them made, and whereupon it is ordered in the same Court that the aforesaid A. S. himself to the aforesaid C. D. thereof shall atturn. And have you there this Writ, T. etc.   

Quem redditum reddit.  
The Writ of quem redditum reddit is a Writ judicial, and issueth out of the note of the fine against the Tenant of the Land, to compel him to atturn to the Cognisee, upon the grant of a Rend charge or Rent seck, issuing out of the Land, N. B. F. 170. b. the form whereof followeth.  
Oliver, etc. to the Sheriff of E. greeting, We command you, etc. that you cause to come here from the day of St. Michael in fifteen days E. F. to acknowledge what Rent he was accustomed to yield, issuing out of one message with the appurtenances in E. which A. B. in our court before our Justices of the Bench hath granted to C. D. by a Fine there of between them made. And have you there this Writ, T. etc.   

If the Defendant appear not upon this Writ, a Distringas issueth forth in this form.  
OLiver etc. To the Sheriff of York greeting, We command you that you distrain E. F. by all his Lands, etc. And that you answer to us of the profits of the same, and that you have his Body here, etc. in eight days of St. Michael next to come: To acknowledge what Rent, etc. issuing out of one Message with the appurtenances in L. which A. B. in our Court, etc. hath granted to C. D. by a Fine thereof between them made, and to hear his Judgement for many defaults. And have you, etc.   

At which day if the Tenant appear, the entry may be in this form.  
E. F. In mercy for many defaults, etc.  
The Sheriff of E. was commanded that he should distrain the aforesaid E. F. etc. as in other Writs of Distringas above. And now here at this day came aswell the aforesaid C D. by W. W. his Attorney, as the aforesaid E. F. in his proper person. And the aforesaid C. D. prayeth that the aforesaid E. F. may atturn himself to him of the Rent aforesaid, etc. And the aforesaid E. F. prayeth hearing of the Writ a-aforesaid, and to him it is read, he prayeth also hearing of the note of the Fine, whereupon the same Writ issued, and to him it is read in these words. Between C. D. Plaintiff, etc. reciting the note, etc.  

Atturnment entered.  In which case if the Tenant atturn, the entry shall be as in a quid Juris clamat, and so shall the Judgement and Execution be also, mutatis mutandis, but the atturnment must be in Court, 9 H. 6. 21. 8. H. 6. 15.  

Divers Tenants.  If this Writ be against divers Defendants, and some appear, and some make default, Those which appear, shall not atturn without the rest, until they appear, and after make default. 8. H. 6. 15.  

Default.  If the Tenant once appear, and after make default, a Distringas ad atturnandum shall be awarded. 9 H. 6. 21. 8. H. 6: 15:  
A Cognisee of a Rend charge, or Rents for years, shall not have Atturnment, quaere Dyer fo: 401. Pl. 37. & 38.  

Attorney,  The Tenant cannot plead by an Attorney, but ex consensu quaerentis, 1. H: 7: 27.  
In a Quem redditum reddit, the Tenant appearing, is to demand what the Plaintiff hath to show for the Rent, and then he must show the commencement thereof, and his title thereunto, which the Plaintiff may answer, 31. H. 6. 8. 35. H. 6.  

Disclaimer  In quem redditum reddit, if the Tenant will disclaim, he may plead, that he was not Tenant of the Land the day of the note levied, for this Writ lieth against none but him which is then Tenant, 8 H. 6. 15:    

Per quae servitia.  
PEr quae servitia is a judicial Writ, issuing from the Note of a Fine, and lieth for the Cognisee of a Manor, signory, chief Rent, or other services, to compel him that is Tenant of the land at the time of the note of the fine levied, to atturn unto him, 43. E. 3. 8. H. 6. 17. Pl. 46. B. which is made thus.   


The Writ.  OLiver, etc. To the Sheriff of K: greeting, We command you, that you cause to come before our Justices at Westminster (tali die) S: F. R: L. etc. at L. etc. to acknowledge by what services they hold their Tenements with the appurtenances in B. which services E. L. in our Court before our Justices at Westminster hath granted to W. B. by a Fine there thereupon between them made. And have you there this Writ. Witness, etc.  
If the Lord grant the services of his Tenant by Fine or otherwise, the Lord before Atturnment shall have such things as lie in prender; as the Ward of the body of the heir and of the Land, escheats etc. but not such things as lie in render; as Rents and relief, Herriots and other services, for he cannot avow for them before the atturnment.  
If a man grant the services of his Tenant for life, This Writ lieth, Br. per quae servitia 13.  

Upon a grannt for life:  If services be granted to I. S. for life, the reversion to N. N. and I. S. die before atturnment, he in reversion shall have per quae servitia. 20. H. 6. 7.  
If per quae servitia be brought against divers, of which some only appear, they are compellable to atturn, 21. E. 3. 48. T. 32. E. 3.  

Upon whose alienations the Tenant is not compellable to Atturn.  
If Tenant in Tail of services levy a Fine 
Tenant in tail.  thereof, the Tenant of the Land is not compellable to atturn. 48. E. 3. 23. Because that if the Cognisor die the Tenant is subject to the distress, both of the Cognisee, and of the issue in tail, 24. E. 3. 25. 43. E. 3. Nevertheless upon a Fine with Proclamation in such case, which barreth the issue in tail, the Tenant seemeth compellable to atturn.  

Cognisor never seized  If a Fine be levied by him that was never seized of the services, the Tenant is not compellable to atturn. H. 6. E. 2.  

To a particular Tenant.  If the Tenant for life, or any other particular Tenant of services, which have them not in fee, levy a Fine thereof, the terr Tenant is not compellable to atturn, Itin. North. 3. E. 3.  

Joint Tenant.  If one joint tenant a signory grant, etc. the Tenant is not compellable to atturn. 9 E. 2.   

Against whom a per quae servitia lieth, and whom not.  

Terre Tenant.  It lieth against him only that is Tenant of the Land at the time of the note of the Fine levied 8. H. 6. 17. 18. E. 4. 10. And therefore must not vary from the Fine. 18. E. 4. 10. 25. E. 3. 3. 35. E. 3. 50.  
And therefore it seemeth that if he which is Tenant at the levying of the note die or alien before Atturnment had, that neither his heir nor the alienee is compellable to atturn, H. 26. E. 3. 56. 18. E. 4. 25. E. 3. 50. 10. yet this atturnment is good, ibid. M. 31. E. 3  

A recluse.  A prioress recluse is compellable to atturn, 43. E. 3. and an Infant, 26. E. 3. 62. and a man only dumb by writing or sgines. 26. E. 3. 62.  
But a man surde & mute is not compellable 
Mute. Deaf.  to atturn, 26. E. 3. 62.  

Madness. T. by courtesy. Late Feoffment.  Nor a man non sanae memoriae, as a mad man, a lunatic, an Idiot, 26. E. 3. 62.  
Nor a Tenant by the courtesy for the feebleness of his estate, 9 E. 3. 31.  
He that is enfeoffed by the Lord post stat. qui emptores; etc. is not compellable to atturn, for he holdeth of the Lord Paramount, 39 E. 3. 19  

Quantity.  The Writ of per quae servitia ought to show the quantity of the Tenancy, H. 14. E: 3. for it is traversable, T. 20. E. 3. H. 26. H. 6.   

All persons that may be Cognisees may have this Writ.  

County.  Per quae servitia ought to be in the County where the Fine is knowledged, albeit the Manor be in one County, and the services in another County, 21. E. 3. 18.  

Nonsuit.  Nonsuit in this action is not peremptory, 24. E. 3. 25. nor the death of the Cognisor after the note levied.  

Time.  Per quae servitia lieth a year or more after the note levied, 29. E. 4. 46.  

Attorney.  After peremptory issue joined the Tenant in per quae servitia may make Attorney, for if the issue be tried against him, it doth countervail atturnment, and then he may be distrained before Atturnment, 48. E. 3. 24. 39 E. 3. 26.  

Non tenure  Non tenure the day of the Note levied, is a good bar in Per quae servitia, 8. H. 19 21. H. 4. 72. 
Former grant.   
It is also a good plea, that before the note levied, the Cognisors granted the services to another, and that he thereupon did atturn, 9 E. 3. 31.  
The Tenant in per quae servitia cannot disclaim, 
Disclaim.  but may plead, non tenure ut supra. 21. H. 4. 72. 
Process after Judgement.   
After Judgement process is Distringas ad Atturnandum, 4 E. 3. 2. E. 3. 9 5. E. 4. 2.  

Atturnment with an exception.  If the measne levy a Fine of his mesnalty to A. for life, the remainder to B. in fee. A. bringeth a per quae servitia, and the Tenant atturneth, saving his Acquitaile, yet shall not he in the remainder avow, before he also acknowledge the acquitaile, 18. E. 4. 7.  

Feme Covert.  But a Feme Covert cannot confess acquitaile in per quae servitia, because she is not examinable in this suit, 9 E. 2. 45. E. 3.  

Acquitaile  And the Tenant may atturn, saving acquitaile and warranty, according to a Deed thereof, M. 15. E. 3. 5. 5. H. 5. E. 3. Itinere North.  

Seisin.  A man may grant services before he have seisin thereof in Deed, H. 5. E. 2. Fitz. per quae servitia 22.  

A Manor.  It seemeth upon the grant of a Manor cum pertin. the services pass without attornment, as parcel of the Manor, and that the Lord may avow without Atturnment, 26. H. 6. Fitz. per quae servitia 21.  

Fine. Imprisonment.  If the Tenant in per quae servitia appear, and confess the Action at the distringas ad atturnandum after Judgement, and will not atturn, he is punishable by imprisonment or Fine, at the discretion of the Court, as it seemeth 3. E. 3. Itiner. North. Fitz. per quae servitia 17.  

Essoine.  Coperceners, joint-tenants, and Tenantsin Common, may not fourch by essoine, to essoine severally, but have only one essoine, as one sole Tenant might have, w. i. c. 43. E. 3. E. 1. Rast. essoine 4.    

Of the engrossing of Fines.  
When the note of the Fine is made with the Custos brevium, if it be of Lands in possession, or when Atturnment is made, if it be of a Reversion, Remainder, Rents or services, then may it be engrossed by the Chirographer.  

Ingressing.  And the engrossing of a Fine is nothing else but the entry of the Concord thereof with the Chirographer, and the writing and delivery of the Indentures thereof. F. N. B. 147. a. 5 H. 4. c. 14. which be called the Chirograph of the Fine, and is made in form following, viz.  

Fine in tail of the reversion of the Rent.  This is the final Concord made in the Court of the Lord Protector at Westminster from the day of Easter in 15. days, In the year of our Lord God 1653. before O. L. R. W. and T. B. Justices of the Lord Protector, and other faithful then there present, between A. B. Plaintiff, and L. C. deforcient, of ten Marks Rend with the Appurtenances in B. which P. D. of A. holdeth for term of his life, whereof plea of Covenant was jummoned between them in the same Court, (that is to say) that the aforesaid L. hath granted for himself and his Heirs, that the aforesaid Rent with the appurtenances which the aforesaid P. holdeth for Term of his life by the demise of the aforesaid L. in the aforesaid Town, the day wherein this Concord was made, and which after the decease of him the said P. unto the aforesaid L. and his Heirs ought to revert, after the decease of him the said P. 
Rem. to the heirs of his body.  shall wholly remain to the aforesaid A. and the heirs of his body begotten, to hold of the chief Lords of that Fee by the services which unto the aforesaid Rent do belong for ever. And if it happen that the same A. shall die without heir of his body begotten, then after the decease of him the said A. the aforesaid Rent with the appurtenances, shall wholly remain to the right heirs of him the said A. to 
Rem. to the right heirs.  hold of the chief Lords of that Fee by the services which unto the aforesaid Rent do belong for ever. And for this Grant, Fine and Concord, the same A. hath given to the aforesaid L. one hundred Marks of silver.  
And so of others according to the diversities of their cases.   

Of the tabling of Fines engrossed.  

Tables.  THe Chirographer of Fines of the Common Pleas, for ever must write and make one table for every County where the Protectors Writ runneth, containing the contents of every Fine that shall pass in any one Term, as the name of the County, Townes, and places wherein the Tenements mentioned in any Fine be, the name of the Plaintiff and Deforcient, and of every Manor named in any Fine. And the first day of the next Term after the engrossing of every such Fine, shall fix every of the said Tables in some open place of the Court of the Common Pleas, & so every day of the said Term during the sitting of the said Court: And the said Chirographer shall deliver to every Sheriff of every County, his Under Sheriff, or Deputy, 
〈◊〉.  fair written in Parchment, a perfect content of the Table so to be made for that Shire in the Term, that shall be next before the Assizes to be holden in the ●ame County, or else between the Term and the said Assizes, to be set up the first day and every day of the next Assizes in some open place of the court, where the Justices of Assizes than shall sit to continue there so long, as they shall fit in the said Court, if either the Chirographer or Sheriff fail herein he forfeiteth five pound and the Chirographers see for every such Table is 4 d. 23. El. c. 3.   

How many Proclamations are to be made upon Fines, and when.  
FOur Proclamations only are now to be made upon every Fine with Proclamation, (to wit) one in the Term in which the Fine is engrossed, and in every one of the three Terms next ensuing the engrossing thereof, one Proclamation, 13. El. c. 2.  

Adjournment.  But if any of the same Proclamations fail by reason of the adjournment of any of the said Terms by Writ of Adjournment duly made, yet is such Fine good, and a good Fine with Proclamations, as if the same had been proclaimed, 1 M. c. 7.  

Sundays.  But if any Proclamations be made upon a Sunday, it is error, because it is not dies juridicus. Dyer foe 128. Pl. 53. 55. 2. Eliz.   

Of the Proclamation of Fines at the Assizes and general Sessions how they must be certified.  

Sessions.  TO the end better notice of Fines may come to them to whom that appertaineth, it is ordained by the said Statute of 4. H. 7. c. 24. That the Just. of the Common place shall send 
Assizes.  a transcript of such Fines to the Justice of Assize in the Counties where the Land doth lie, to be proclaimed openly and solemnly at all the Assizes which shall be therein holden, within one year a●ter the engrossing of such Fines, and that the like transcript be made to the Justices of Peace there to be proclaimed at four several Sessions in the said Counties, and both the same Proclamations to be made and certified into the Common place the second day of the return of the Term than next following. And it is to noted, that while the said fines are read, all pleas must cease. 4. H. 7. c. 24.  

Proclamation.  The form of every such Proclamation is thus:  
After the Crier hath made O yes for silence, saying: O yes, les fines lies, or to that effect, the Chirographer or his Deputy, readeth the fines thus.  
York. A fine with Proclamation between A. B. Plaintiff, and C. D. Deforcient, of Tenements in D. &c  

Cognisee dead.  If the Cognisees in fines die before the Engrossing thereof, no Proclamation shall be made, because they had their Election to have the fine with Proclamations or without, which Election is now by their death determined. Dyer foe 254. Pl. 104. 8. El. Blow. fo. 266. b.   

Of the Inrolment of all the part of Fines, at the engrossing thereof, and Proclamations passed.  

The enrolment Office  BY the Statute of 23. El. c. 3. it is ordained, that there shall be for ever an office of Inrolment, called the Office of Inrolments of Fines and Recoveries. And the Justice of the Common Pleas for the time being, other than the Chief Justices shall have and take the care and charge of the Inrolments aforesaid, see the examinations thereof, and write their names unto the Rolls thereof, and have and enjoy the said Office and the disposition thereof, and carefully see and look to the execution thereof, and have for the inrolment and examination of every such Fine, six shillings eight pence.  

Exemplification.  And for every exemplification of every such Inrolment of any fine five shillings; for one years' search four pence, for every sheet of paper containing fourteen lines, four pence.  

Punishment  And the Justices of the Common place have power to take order in all things convenient for the said Inrolments, and upon examination in the said Court, to assess fines and amerciaments upon persons offending, for their misprision, contempts, or negligences for not doing or misdoing of any thing, of in or concerning any such fines, as they shall think meet and convenient, 23. El. c. 3.  
And every Writ of Covenant and other Writ whereupon any fine is levied, the return thereof, the Dedimus potestatem made for the knowledging thereof, the return thereof, the Concord, the Note, and foot of every such fi●e, the Proclamations made thereupon, and the King's Silver, upon the request, or election of any person, may be enrolled in the said Office: and the Inrolments of the same, or of any part thereof, shall be of as good force and validity in the Law, to all intents for so much of any of them so enrolled, as the same being extant and remaining, were or aught by Law to be, 33 El. c. 3.   

Of the exemplification of the parts of Fines enrolled.  
WHen any of the parts of a Fine be enrolled according to the said Statute, then may the same be exemplified, either under the Seal of the office, or under the great Seal of England: but to exemplify such a Fine under the great Seal hath this Commodity.  
That if any errors remain in the record of the same Fine, they be not amendable after the exemplification thereof, 23 Eliz. c. 3. but i● seemeth this extendeth only to Fines levied before the same statute, 23 Eliz. c. 3.  
These inrolments and exemplifications seem very necessary, because that the privity and warrant of the said Court, many errors hapening in the former records thereof may be amended; and these inrolments will suffice, if the former Record thereof, or any part thereof, be embezzled, or otherwise defaced, 23 Eliz. c. 3.   

The exemplification of a Fine enrolled according to the Statute of 23 El. c. 3.  
OLiver Lord Protector, etc. To all to whom this present writing shall come, greeting. Know ye, that among the Inrolments of Writs, and other things depending for Fines, according to the form of the Statute, of the Term of Easter at Westminster, in the year of our Lord God, 1654. in the 7. Roll, it is thus contained, ss. Essex ss. Oliver Lord Protector of the Commonwealth of England, Scotland and Ireland, etc. To the Sheriff of Essex greeting. Command E. W. Esquire, and I. his wife, that justly, and without delay, they hold to I. W. and I. S. the Covenant between them made, of two Messages, two Gardens, two Orchards, 20. Acres of Land, 20. Acres of Meadow, 40. Acres of Pasture, and 100 Acres of Furs and Heath, with the appurtenances in B. and W. And unless they shall do it, and the aforesaid I. and I. shall secure you for prosecuting their plaint, then summon by good summoners the aforesaid E. and I. that they be before our Justices at Westm. in 8. days of Saint Michael, to show wherefore they did it not; and have you there the summoners, and this Writ. Witness myself at Westminster the 13. day of September, in the year, etc. Pledges of prosecuting, John Do, Richard Roose, summoners, John Den, Richard Fen, John T. Esquire Sheriff, ss. I. W. giveth to the Lord Protector six Shillings and eight pence for a licence of Concord, with E. W. Esquire, and I. his wife of a plea of Covenant of 2. Messages, 2. Gardens, 2. Orchards, 20. Acres of Land, 20. Acres of Meadow, 10. Acres of Pasture, and 100 Acres of Furs and Heath, with the appurtenans in B. and W. And he hath a Certiorari by the peace admitted, before R. H. one of the Justices of the Lord Protector of the Bench, Justice in the Country, ss. Oliver Lord Protector, etc. to his beloved and faithful R. H. one of his Justices of the Bench greeting. Whereas our Writ of Covenant dependeth before you and your Associates, our Justices of the Bench, between I. W. and I. S. E. W. Esquire, and I. his wife, of 2. Messages, 2. Gardens, 2. Orchards, 20. Acres of Land, 20. Acres of Meadow, in B. and W. in the County of Essex, to Levy a Fine thereof between them before you and your Associates aforesaid, in the Bench aforesaid, according to the Law and Custom of our Commonwealth of England; and the same E. and I. are of themselves so impotent, that without very great danger of their bodies, unto West. at the day in the Writ aforesaid contained, to the knowledgements, which in this behalf are required to be made, to travail they are not sufficient as we have received: we tendering the state of the same E. and I. in this behalf, have given you power to receive the recognizances which the aforesaid E. and I. before you shall make of the premises. And therefore we command you, that unto the aforesaid E. and I. personally going, their cognisances aforesaid ye receive: And when he have received them, your aforesaid Associates thereof, under your Seals distinctly, and openly ye certify, that then that Fine between the parties of the premises before you, and your Associates aforesaid, in the Bench aforesaid may be levied, according to the Law and custom aforesaid; And have you there then this Writ, witness myself at Westminster the 27. of September, in the year, etc. The answer of the within named R. H. unto this Writ; The execution of this Writ appeareth in a certain Schedule to this Writ annexed. And the Concord is such, (that is to say) that E. and I. in the Writ to this Schedule annexed, have reknowledged the Tenements in the said Writ specified, with the appurtenances, to be the right of I. W. in the same Writ named, as those which the same I. and I. S. in the said Writ named, have of the gift of the aforesaid E. and I. and those they have remised, and quit claimed from themselves, and their heirs, to the aforesaid I. and I. and the heirs of him the said I. W. for ever. And furthermore the same E. and I. have granted for themselves, and the heirs of him the said I. that they will warrant the tenements aforesaid, with the apputtenances, to the aforesaid I. and I. and the heirs of him the said I. W. against all men for ever. And for this, etc. the same I. W. and I. S. have granted the Tenements aforesaid, with the appurtenances to the aforesaid E. & I. and the heirs of the body of him the said E. by the aforesaid I. lawfully begotten, and for want of such issue, the tenements aforesaid, with the appurtenances, shall wholly remain to the aforesaid I. and the heirs of the body of him the said I. lawfully begotten, and for default of such issue, the tenements aforesaid, with the appurtenances, shall wholly remain to the right heirs of him the said E. for ever. To hold, etc. R. H. S. This is the final concord made in the Court of the Lord Protector at Westminster, in 8. days of Saint Michael, in the year, etc. before I. D. R. W. I. W. and R. H. Justices and other of the Lord Protectors faithful then there present, between I. W. and I. S. plaintiffs, and E. W. Esquire, and I. his wife deforcients of 2. Messages, 2. Gardens, 2. Orchards, 20. Acres of Meadow, 40. Acres of pasture, and 100 Acres of Furs, and Heath, with the appurtenances in B. and W. whereof plea of Covenant was summoned between them in the same Court, to wit, that the aforesaid E. and I. have recognized the aforesaud tenementsses, with the appurtenances, to be the right of him the said I. W. as those which the same I. and I. S. have by the gift of the aforesaid E. and I. And those they have remised and quite claimed from them the said E. and I. and their heirs, to the aforesaid I. and I. and the heirs of him the said W. for ever. And furthermore the same E. and I. have granted for themselves, and the heirs of him the said I. that they will warrant to the aforesaid I. and I. and the heirs of him the said I. W. the aforesaid tenements with the appurtenances, against all men for ever. And for this recognizance, remise, quite claim, warranty, Fine and Concord, the same I. and I. have granted to the aforesaid E. and I. the aforesaid tenements with the appurtenances. And those to them they have rendered 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, than 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 exemplify. 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, etc. (tali Anno) etc.  
W. P. and R.   

How Fines executory be executed.  
THe execution of a Fine is the obtaining of actual 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 special tail, 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 tail 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 judicial, 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, etc. 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 joined, whether the parties were seized at the time of the fine levied. Granted and recorded.  his seisin of the Messages, with the appurtenances, in N. which A. T. in our Court, etc. hath rendered to the aforesaid, B. by a Fine thereof between them made according, T. etc.  
Twelve, etc. of the vicinage, etc. And who neither to E. nor R. and A. his wife any, etc. to know whether at the time of the levying of a certain Fine levied in the Court of the Sovereign Lord Charles late King, etc. at Westminster in the morrow, etc. in the year, etc. before R. B. and his Associates then Justices of him the said late King, of the Bench. And afterward in the morrow of all Souls, etc. in the year, etc. there granted, and recorded before the same late Justices, and other faithful 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 rend, with the appurtenances 
Fine of rent.  in S. whereof the aforesaid G. in our Court, etc. 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 seized of the aforesaid four shillings rend with the appurtenances, as by the same Fine it is supposed, by which the aforesaid E. execution of the aforesaid four shillings rend, 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 rend with appurtenances, nor in the Message from whence that rent is supposed to come, whereby the aforesaid E. from the execution aforesaid of four shillings rend, with the appurtenances, against the aforesaid R. and A. by virtue of the Fine aforesaid to be had, aught to be barred of, as the same R. and A. say; because as well, etc. 
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, etc. have execution against W. T. of ten Acres of Land, with the appurtenances in D. by virtue of a Fine thereof levied in the Court of the Sovereign Lord Charles late King. etc. at Westminster, from the day, etc. in the year, etc. 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, etc.  
Know you, that it is ordered in our Court, etc. 
Habere faas seisinam upon a recovery by the defend. in a Scire fac. out of a Fine.  That T. B. Cousin and heir of W. brother of P. son of W. and M. his wife, have execution against R. R. etc. of 40. Acres of wood with the appurtenances, in B. by virtue of a Fine in the Court of the Sovereign Lord Charles late King, etc. at Westminster, etc. between the aforesaid W. and M. plaintiffs, and W. of B. and R. son of W. etc. deforcients, etc. of the tenements aforesaid, levied by default of them the said, etc. 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, etc.   

OLiver, etc. 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. Cousin 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 levied in the Court of the Sovereign Lord Charles late King of England, etc. at Westminster, from the day, etc. in the year, etc. before R. B. and his Associates then Justices of him the said late King, of the 
Granted and recorded.  Bench; and afterwards in eight, etc. in the ye●r, etc. 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 execution you cause to have, T. etc.  
Know you that it is ordered in our Court, etc. 
Habere facias seisinam upon a recovery by verdict in a Scire facias out of a Fine.  that R. M. and R. A. Cousin and heir of H. of B. and M. his wife, have execution against I. C. etc. of two parts of the Manor of Y. with the appurtenances, by virtue of a Fine levied in the Court of the Sovereign Lord Charles late King, etc. at Westminster, in the morrow, etc. in the year, etc. before T. W. and his Associates then Justices, etc. 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 faithful I. T. and W. A. two Justices of the Common Bench, by the form of our Statute thereof provided the day, etc. 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. etc.   

Of Execution of Fines by Scire facias.  
A Writ of Scire facias upon a Fine lieth 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 levied, whereby the Sheriff is commanded to warn the terrtenant to appear, and show cause, if he can, why the Cognisee, or his heirs, should not have execution, at the return whereof, if the Tenant appear, and show 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, etc. to the Sheriff greeting; Whereas a certain Fine was levied in the Court 
A Scire facias out of a fine for the heirs in tail. Attorney in Fine.  of the Lord Protector at Westminster in eight days, etc. in the ●ear, etc. 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 hasland of the body of the wife begotten, rendering rend and foreign service.  aforesaid Manor with the appurtenances, and that to them he hath rendered in the same Court, To have and to hold to the same G. and I. and the heirs which the same G. of the body of her the said I. should had begotten of the aforesaid S. and his heirs for ever, yielding therefore by the year, one Rose at the Feast, etc. for all service grant and action unto the aforesaid S. and his heirs belonging, and doing therefore to the chief Lords of that Fee, for the foresaid S. and his heirs all other services which unto that Manor 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 die 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 the decease of him the said I. the aforesaid Manor with the appurtenances, should wholly remain to E. Brother of the same I. 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 E. E. should die without heir of his body begotten, then after the decease of him the said E. the aforesaid Manor with the appurtenances should wholly revert unto the aforesaid S. and his heirs, quite from other the heirs of them the said C. and I. W. and I. and E. to hold of the chief Lords of that Fee by the services which unto that Manor should belong, for ever: And now by the information of I. L. and M. his wife being one, and T. V. and T. his wife being another, also of H. B. being the third, of the Cousins and heirs of the aforesaid G. and I. of their bodies begotten, we have received that the aforesaid G. and I. are dead. And that T. L. and R. I. into the aforesaid Manor with the appurtenances now are entered, and it they hold against the form of the Fine aforesaid, And for that we will those things which are done in our Court be duly demanded for execution, we command you, that by honest and lawful men of your Bayliwick, you cause the aforesaid T. L. and R. to know that they be before our Justices at Westminster, in 8. days, etc. to show if they have, or know any thing to say for themselves, wherefore the aforesaid Manor, with the appurtenances, which they hold in form aforesaid, after the death of the aforesaid G. & I. to the aforesaid M. T. and H. Cousins and heirs of them the said G. and I. of their bodies begotten, ought not to remain according to the form of the Fine aforesaid, if it shall seem expedient to them; and have you there the names of them, by whom you shall cause them to know, and this Writ, witness, etc.   

OLiver, To the Sheriff greeting; Whereas 
A Scire fa. for the Heir of him in remainder.  a certain Fine was levied in the Court of the Sovereign Lord James late King, etc. tali die & Anno, before A. and his Associates then Justces of the same Sovereign Lord James, of the Bench, between W. plaintiff, & R. Deforcient, of the Manor of T. with the appurtenances whereof plea of Covenant was summoned between them in the same C. to wit, that the aforesaid R. hath recognized the aforesaid Manor with the appurtenances to be the right of him the said W. as that which the same W. had by the gift of the aforesaid R. and for that recognizance, Fine and Concord, the same W. had granted to the aforesaid R. the aforesaid Manor, with the appurtenances, to have & to hold to the same R. of the aforesaid W. and his Heirs Males of his body begotten, all the life of him the said R. yielding therefore by the year, etc. And after the decease of him the said R. the a-aforesaid Manor, with the appurtenances, shall wholly remain unto the aforesaid W. and his Heirs quite from the Heirs of the aforesaid R. to 
Render for life with revertur to him in tail, & remainder over in tail.  hold of the chief Lords of the Fee by the services which unto that Manor should belong for ever, and if it should happen that the aforesaid R. should die without Heir Male of his body begotten, the aforesaid Manor, with the appurtenances; should wholly remain to T. Brother of him the said W. and to the Heirs Males of his body begotten, to hold of the chief Lords of that Fee, by the services aforesaid, for ever; and now by the insinuation of A. son and Heir of the aforesaid T. we have received that the aforesaid R. is now dead, and that the aforesaid W. died without Heir Male of his body begotten, and that I. into one Message, etc. with the appurtenances, which were parcel of the Manor aforesaid now is entered, and those holdeth against the form of the Fine aforesaid. And for that we will those things, etc. if he hath or knoweth any thing to say for himself, wherefore the aforesaid tenement, with the appurtenances, to the aforesaid A. son and heir of the aforesaid T. ought not to remain according to the form of the Fine aforesaid, if it shall seem expedient to him, etc. And have you, ▪ c.  

Scire facias against several tenants. Return of sc. fecit.  And now here at this day came as well the aforesaid I. S. by S. his Artorney, as the aforesaid W. and A. by F. his Attorney, and the Sheriff returned, that he caused the same W. and A. to know of being here at this day to show severally in form aforesaid, by R. and F. honest, etc. And hereupon the aforesaid I. saith. that he is Cousin and Heir of the aforesaid I. and 
Cozenage alleged.  E. that is to say, etc. and prayeth against the aforesaid W. and A. severally execution in form aforesaid, etc.  
And now the aforesaid W. and A. as to the 
A bar that the parties to the Fine had nothing in the land at the time of the fine, but I. whose estate the tenant hath.  aforesaid tenements, whereof execution against them is prosecuted, and the aforesaid R. and I. as to the aforesaid tenements, whereof execution against them is severally prayed, severally do say, that neither the aforesaid I. nor the aforesaid W. and B. whom by the Fine aforesaid he supposeth to be parties of that Fine, have nothing in the tenements aforesaid with the appurtenances, whereof execution against W. and A. is severally prayed, at the time of the levying of the same Fine, but that one I. and C. was thereof seized at the time of the levying of that Fine, of which estate of the said I. C. in those tenements, whereof execution against them is prayed, which the aforesaid R. and I. severally have in the tenements aforesaid, whereof execution against them is severally prayed, they severally pray Judgement, whether the aforesaid I. execution thereof against them 
☞  ought to have, etc. And the aforesaid I. saith, that at the time of the levying of that Fine the aforesaid I. and I. who were parties of that Fine were seized of the tenements aforesaid 
Issue that I● was seized at the time of the Fine levied.  with the appurtenances, whereof execution against the aforesaid W. and A. severally in form, and manner aforesaid is prosecuted, as by that Fine it is supposed; And this he prayeth, etc. therefore 12, etc.   

A Scire Facias upon a Fine.  
WHereas a certain Fine was levied in the Court of the Sovereign Lord E. heretofore King of England, our Grandfather, from the day of the Holy Trinity in 15. days, in the year, etc. before I. of B. and his Associates then Justices itinerate of him our said Grandfather, at York, between Alan plaintiff, and A. defendant of ten pounds of Land, with the appurtenances in A. in the Manor of L. in the County of N whereof plea of Covenant was summoned between them in the same Court, (to wit) that the aforesaid Alane hath recognized the aforesaid tenements with the appurtenances, as in his demeasne Rents, etc. and in all other things unto the aforesaid tenements belonging, to be the right of him the said Alane, furthermore the same A. hath given & granted to the aforesaid Alane, five marks of rent, with the appurtenances in A. in the County of R. and all the Manor of B. with the appurtenances in your County, as in his demeasne, etc. To have & to hold to the same Alane, and E. his wife, and the Heirs of the bodies of them the said Alane and E. begotten, of the chief Lords of those Fees for ever, doing therefore all the services, wkich unto the aforesaid tenements should belong, and the aforesaid A. and his Heirs, did warrant to the same Alane and E. and their Heirs aforesaid, all the aforesaid tenements, with the appurtenances, by the aforesaid services, against all Nations for ever, and if it should happen that the aforesaid A. and E. should die without Heir of the bodies of them the said Alane, and E. begotten, etc. And the aforesaid A. and his Heirs did warrant to the same Alane and E: and their Heirs aforesaid, all the aforesaid tenements, with the appurtenances, by the aforesaid services, against all Nations for ever, and if it should happen that the aforesaid A. and E. should die without Heirs of the bodies of them the said Alane and E. begotten, after the decease of them the said Alane and E. the aforesaid tenements, with the appurtenances, unto the aforesaid Alane and his Heirs, wholly should revert quite from other Heirs of them the said A. and E. for ever, and now by the insinuation of Anthony de L. and I. Cousins and Heirs of the aforesaid Alane we have received that the aforesaid Alane and E. are now dead, and that John Son and Heir of the same Alane and E. died without Heir of his body begotten, and also William Son of the aforesaid Alane and E. and Brother and Heir of the aforesaid John now is dead without Heir of his body begotten, and that one Joan, which was the wise of John of W. into the aforesaid Manor of B. with the appurtenances is entered, and that holdeth contrary to the form of the Fine aforesaid. And therefore we commanded you, that by good and lawful men of your County, you should cause to know to the aforesaid Joan, that she should be before our Justices at Westminster, from the day of Saint Michael in 15. days last passed, to show if she might have, or could know any thing to say for herself, wherefore the aforesaid Manor of B. with the appurtenances, to the aforesaid Anthony, and I. Cousins and Heirs of the aforesaid Alane should not revert, if it did seem expedient to her; and for that the same I. afterward in our said Court said, that the aforesaid Anthony prosecuted execution of the Fine aforesaid of the moiety of the Manor of B. against the aforesaid Joan: the same Joan came in the same Court and said, that she holdeth the aforesaid Manor of B. with the appurtenances, by the name of the Manor of R. by the demise of N. of C. and that the reversion thereof, after the death of the same Joan, unto the aforesaid N. belongeth without whom she cannot answer to the aforesaid Antbony of the aforesaid moiety of the Manor aforesaid, and prayeth aid of him the said Nicholas. And therefore we command you that by good, etc. you cause to know to the aforesaid N. that he be, etc. at Westminster, from the day, etc. to answer to the aforesaid A. together with the aforesaid Joan, of the aforesaid Plea, if he will; And have you their the names, etc. T. etc.  
Whereas a certain Fine was levied in the 
Scire fac. super Aid.  Court of the Sovereign Lord E. late King of England, our Grandfather, in the Term of the Holy Trinity in the year, etc. before A. and his Associates then Justices itinerate of him our said Grandfather at E. between B. plaintiff, and C. deforcient of ten pounds of rent with the appurtenances in B. in the Manor of S. in the County of E. whereof Plea of Covenant was summoned between them in the same Court, (to wit) that the aforesaid C. did recognize the tenements aforesaid, with the appurtenances, as in his demeasne rents, etc. and in all other things unto the aforesaid tenements belonging, to be the right of him the said B. furthermore the same C. did give, and grant to the aforesaid B. five marks of rent, with the appurtenances in A. in the County of S. and all the Manor of D. with the appurtenances in the same County, as in his demesnes, To have and to hold, to the same B. and E. his wife, and the Heirs of the bodies of them the said B. and E. issuing, of the chief Lords of the Fee for ever, doing therefore all the services, which unto the aforesaid tenements should belong: And the aforesaid C. and his Heirs did warrant to the same B. and E. and their Heirs aforesaid all the aforesaid Manors, with their appurtenances, by the aforesaid services against all Nations for ever: And if it happen that the aforesaid B. and E. should die without Heir of the bodies of them the said B. and E. begotten, then after the decease of the aforesaid B. and E. the aforesaid tenements, with the appurtenances, unto the aforesaid C. and his Heirs should be wholly reverted quite from other Heirs of them the said B, and E. for ever: And now by the insinuation of R. and K. Cousins and Heirs of the aforesaid C. we have received, that the aforesaid B. and E. are now dead, and that I. Son and Heir of the fame B. and E. died without Heir of his body begotten, and also W. Son of the aforesaid B. and E. Brother and Heir of the aforesaid I. is now dead, without Heir of his body issuing. And that one I. which was the wife of I. W. into the aforesaid Manor of D. with the appurtenances now is entered, and doth hold it against the form of the Fine aforesaid. And therefore we commanded you, that by honest, etc. you should cause to know to the aforesaid I. that he should be before, etc. (tali die) to show if any thing, etc. wherefore the aforesaid Manor, with the appurtenances to the aforesaid R. and K. Cousins and Heirs of the aforesaid C. should not revert, if it had seemed expedient to him, and for that, that the same K. afterward in our said Court, being come, and having said, that the aforesaid R. prosecuted execution of the Fine aforesaid of the moiety of the Manor aforesaid of D. with the appurtenances, against the aforesaid I. the same I. (tali die) came in our said Court, and saith that she doth hold the Manor aforesaid of B. with the appurtenances, by the name of the Manor of R. by the demise of N. C. and that the reversion thereof, by the death of the aforesaid I. unto the aforesaid N. belongeth, without whom he cannot answer to the aforesaid R. of the aforesaid moiety, of the Manor aforesaid, and prayeth aid of him the said N. And therefore we command you, that by honest, etc. you cause to know to the aforesaid N. that he be, etc. to answer to the aforesaid R. together with the aforesaid I. in the aforesaid Plea if he will, and have you, etc.   

A Mittimus of the Transcript of the Fine, and a Scire Facias thereupon.  
THe Sovereign Lord the King, hath sent to his Justices this his close Writ in these words, Edward, etc. (reciting all the Writ) the Tenor of the aforesaid Fine, whereof in the Writ aforesaid, mention is made (or thus.) The Transcript of the aforesaid Fine, whereof in the Writ aforesaid mention is made, followeth in these words. This is the final Concord, etc. (reciting all, etc.) And now to wit, (tali die) in that same Term, came here in Court, A. on 
Scire Facias for the Heir of him in remainder against the terre tenant.  the behalf of the aforesaid T. and saith, that the aforesaid R. is dead, and likewise that the aforesaid W. died without Heir-Male of his body begotten, and that I. into one Message, etc. with the appurtenances, which are parcel of the Manor aforesaid, is now entered, and holdeth it against the form of the Fine aforesaid. And prayeth a Writ, to the Sheriff of S. to be directed to forewarn the aforesaid I. to be here, to show, if he hath any thing, etc. wherefore the same Messages, etc. with the appurtenances, which the said T. claimeth in form aforesaid, after the death of the aforesaid W. to the aforesaid T. being Cousin, and Heir of the aforesaid R. ought not to remain, according to the form of the Fine aforesaid, for as much as the aforesaid W. is dead without Heir-male of his body begotten, and it is granted to him returnable here (tale die) or thus, And by several Writs, 
Several Scire fac. into several Counties upon one Fine. A Scire facias for him in the remainder.  to wit, one to the Sheriff of the said County of B. another to the Sheriff of N. the third to the Sheriff of H. to be directed, to forewarn the same I. to be here, to show, etc.  
It was commanded to the Sheriff, whereas a certain Fine was levied in the Court of the Sovereign Lord, etc. (tali die & Anno) before, etc. Justices of him the said Sovereign Lord the King our progenitor, now of the Bench between W. and I. his wife plaintiffs, and I. E. deforcients of one Message, etc. with the appurtenances in L. whereof Plea of Covenant was summoned between them in the same Court, to wit, that the aforesaid W. did recognize the Tenements aforesaid, with the appurtenances, to be the right of him the said I. as those which the same I. had by the gift of the aforesaid W. and for that recognizance, Fine, and Concord, the same I. did grant to the aforesaid W. and I. the aforesaid tenements, with the appurtenances, and those to them he did render in the 
Render to the husband and wife, and to the heirs of the body of the husband.  same Court, To have and to hold to the same W. and I. and the Heirs of him the said W. of his body begotten, of the chief Lords of that Fee, by the services which unto the aforesaid tenements should belong for ever, and if it happen that the same W. should die without Heir of his body begotten, then after the decease of them, the said W. and I. the aforesaid tenements, with the appurtenances, should wholly remain to I. Son of the same W. and the heirs of his body 
Remainder in tail.  begotten, to hold of the chief Lords of that Fee, by the services, which unto the afores. tenements should belong for ever; And if it should happen the same I. to die without Heir of his body begotten, then after the decease of him the said I. the aforesaid tenements with the appurtenances should wholly remain to the right Heirs of him the said W. to hold of the chief Lords of that 
Remainder to the right Heirs.  Fee, etc. ut supra. And now by the insinuation of T. being Cousin and Heir of the aforesaid I. Son of W. the King received that the same W. is dead, without Heir of his body begotten, and that the aforesaid I. is now dead; and that one A. into the tenements aforesaid, with the appurtenances, is now entered, and those he holdeth against the form of the Fine aforesaid, And for that, etc. that by honest, etc. you give the aforesaid A. to know that she should be here at this day, etc. to show, if she hath any thing, etc. wherefore the aforesaid tenements with the appurtenances, which she holdeth in form aforesaid, after the death of the aforesaid W. and I. his wife, to the aforesaid T. as Cousin and heir of the aforesaid I. son of W. ought not to remain according to the form of the Fine aforesaid if, etc. for as much as the aforesaid W. died without Heir of his body issuing, etc. And now here at this day, came as well the aforesaid T. by A. his Attorney, as the aforesaid A. by S. her Attorney, and the Sheriff returned that he had commanded I. L. Bailiff of the liberty, etc. to whom, etc. which said Sheriff thus answered, that he gave the aforesaid A. to know, to be here at this day, to show in form aforesaid by T. and G. honest, etc. And hereupon the aforesaid, T. saith, that he is Cousin and Heir of the aforesaid I. being Son of W. to wit, Son of I. being Son of him the said I. being Son of W. and prayeth against the aforesaid A. execution, etc.  

Cozenage.  And hereupon the aforesaid W. H. saith, that the aforesaid W. Brother of G. in the Fine aforesaid, named at S. in the County of N. taking one E. P. to him to wife, and the same E: taking him the said W. to her husband, they were together betrothed; and after banes between them, upon three holy days, being distant from themselves in the Church, etc. publicly proclaimed, the spousals between them, in the face of that Church was celebrated, within which spousal, the same W. and E. had issue between themselves, T. at H. in the same County of N. begotten and born, which said T. at T. in the County of N. in the Church of Saint A. there took unto wife one N. and the same T. and N. after the spousal between them there celebrated, had issue between them, one H. there begotten and born, and the same H. at the said Town of N. in the same County, in the aforesaid Church, etc. took to wife one I. and the same H. and I. after the spousal between them there celebrated, had issue between them, the aforesaid W. H. begotten & born, who now prosecuteth, and so the same W. H. who now prosecuteth, saith, that he is Cousin and Heir of the aforesaid W. Brother of G: of the body of him the said W. Brother of G. begotten, (that is to say) Son of the aforesaid H. Son of the said T. Son of the same W. Brother of G. and prayeth against the aforesaid R. S. etc. execution, etc.   

A Fine levied to one by a Guardian.  
THe Sheriff was commanded whereas a fine was levied in the Court of the Sovereign Lord E. late King of England, etc. in Oct. etc. Anno, etc. before, etc. by a Writ of him the said late King, between S. P. and I. his wife, and S. son of the same S. and I. plaintiffs, by E. Guardian, or keeper of him the said S. son of the same S. P. and I. to game, and W. P. parson of the Church of T. and I. H. Chaplain deforcients, of two Messages, etc. with the appurtenances in T. S. and W. whereof Plea of Covenant was summoned between them in the same Court, to wit, that the aforesaid S. P. did recognize the tenements aforesaid, with the appurtenances, to be the right of him the said W. as those which the same W. and I. than had by the gift of the aforesaid S. P. and for the same recognizance, Fine, and Concord, the same W. and I. did grant to the aforesaid S. P. and I. and S. son of the same S. and I. the aforesaid tenements, with the appurtenances, and those to them, they did render in the same Court, To have and to hold to the same S. P. and I. and S. son of the same S. and I. and the Heirs of him the said S. son of the same S. and I. of his body begotten, of the chief Lords of that Fee, by the services which unto the aforesaid tenement should belong for ever; and if it should happen, that the same S. son of the same S. and I. should die, without Heir of his body begotten, then after the decease of them, the said S. and I. and S. son of the same S. and I. the aforesaid tenements, with the appurtenances, should wholly remain to the Heirs-Males of the bodies of them, the said S. and I. issuing, to hold of the chief Lords of that Fee, by the services which unto the aforesaid tenements should belong for ever, and if no Heir-Male of the body of them, the said S. P. and I. should be begotten, than the aforesaid tenements, with the appurtenances, wholly should remain to M, sister of the aforesaid S. daughter of the aforesaid S. and I. and the Heirs of her body begotten, to hold of the chief Lords of that Fee, by the services which unto the aforesaid tenements should belong for ever; and if it should happen that the same M. should die, without Heir of her body begotten, then after the decease of her the said M. the aforesaid tenements, with the appurtenances, should wholly remain to I. sister of the same M. and the Heirs of her body begotten, to hold of the chief Lords of that Fee, by the services which unto the aforesaid tenements should belong for ever, and if it should happen, that the same I. should die without heir of her body begotten, then after the decease of her, the said I. the aforesaid Tenements with the appurtenances, should wholly remain to the right heirs of the aforesaid S. P. to hold of the chief Lords of that Fee, by the services which unto the aforesaid tenements do belong for ever; and now by the insinuation of I. A. Cousin and heir of the aforesaid M. of her body begotten, the King did receive, that the aforesaid S. P. and I. are dead without Heir-male of their bodies begotten, and the aforesaid S. son of the aforesaid S. and I. is dead without heir of his body begotten, and that the aforesaid M. is likewise dead; and that one R. L. and others into the Messages, etc. 
Scire fac. for the heir of him in remainder.  aforesaid, with the appurtenances, is now entered, and those they hold against the form of the Fine aforesaid, And for that, etc. you should give to the aforesaid R. L. and the others to know that they should be here at this day, to wit, (tale die) to show, if they know, or have any thing, etc. wherefore the Messages aforesaid, with the appurtenances, which they hold in form aforesaid, after the death of the aforesaid S. P. and I. S. etc. and the aforesaid M. to the aforesaid I. A. Cousin and Heir of her the said M. of her body begotten, ought not to remain according to the form of the Fine aforesaid, in so much as the aforesaid S. P. and I. are dead without Heir-male of their bodies begotten; and that the aforesaid S. son of the aforesaid S. and I. is dead, without heir of his body begotten, if, etc. And now here at this day, came as well the aforesaid I. A. by T. B. his Attorney, as the aforesaid R. L. and others, by I. K. their Attorney, & the Sheriff returneth, that he gave to the same R. and others, to know of being here at this day, to show inform aforesaid, by I. C. and other honest, etc. whereupon the same I. A. saith, that he is Cousin and Heir of the aforesaid M. of her body begotten, (that is to say) son of I. son of W. son of S. son of the aforesaid M. And prayeth execution of the tenements aforesaid, to him to be a judged, etc. And the aforesaid R. L. and others say, that 
Confession of the fine.  they cannot deny the knowledge of the Fine aforesaid, but that the aforesaid S. P. by that Fine, recognized the tenements aforesaid, with the appurtenances, to be the right of the aforesaid W. P. as those which the same W. and the aforesaid I. than had by the gift of the aforesaid S. P. and that, for the same recognizance, Fine, and Concord, the same W. and I. by that Fine did grant those tenements, to hold to the aforesaid S. P. and I. S. son of the same S. and I. and those to them did render in the same Court, To have and to hold to the same S. P. and I. S. son of the same S. and I. and the heirs of him the said S. son of the same S. and I. of his body begotten: So that if it should happen, that the same S. son of the same S. and I. should die without Heir of his body begotten, then after the decease of them the said S. P. and I. and S. son of the same S. and I. the aforesaid tenements with the appurtenances, should wholly remain to the heirs-males, of the bodies of them the said S. P. and I. issuing: And if no Heir-male of the bodies of them, the said S. P. and I. should be begotten, than the tenements aforesaid, with the appurtenances, should wholly remain to the aforesaid M. sister of the aforesaid S. son of the aforesaid S. P. and I. and the Heirs of her body begotten, and that the aforesaid S. P. and I. are dead without heir-male of their bodies begotten. And that 
☞  the aforesaid S. son of the aforesaid S. P. and I. is dead without heir of his body begotten, and that the aforesaid M. is likewise dead, and that the aforesaid I. A. is Cousin and Heir of the aforesaid M. inform, wherein the same I. A. above supposeth, and all and singular the premises 
Judgement to have execution.  they well grant; therefore▪ it is considered, that the aforesaid I. A. have execution against the aforesaid R. L. and others, of the tenements aforesaid with the appurtenances, etc.  

Scire Fac. teturned.  And now here at this day came as well the aforesaid E. in his proper person as the aforesaid T. B. by W. his Attorney, And the Sheriff returned, that he made to know, etc. And hereupon the aforesaid E. saith, that he is Cousin and heir of the aforesaid E. (that is to say) son of R. son of I. son of A. son of W. brother of R. of the Father of him the said E. and prayeth against the aforesaid T. B. execution, &c: And 
Cozenage alleged.  the aforesaid T. saith, that the aforesaid E. execution, etc. by virtue of the Fine aforesaid against him ought not to have, because he saith that one R. Father of him the said R. of the Father of E. one I. R: taking to wife, and the 
Bar: that another was Heir whose estate he hath.  same I. him the said R. taking to husband at R. in the County of N. one to the other, were betrothed; and after that banes between them by three holidays, distant from themselves, in the Parish Church of R. solemnly was proclaimed, and other things concurrent in that behalf canonically required, spousal between the same R. and I. in the face of the same Church were lawfully and solemnly celebrated, within which spousal the same R. and I. at R. aforesaid had issue between them there begotten and born, the aforesaid E. Father of the aforesaid E. and one S. the mean, and after the Nativity of him the said S. the aforesaid W. in the Fine aforesaid named, (the said W. being the younger) to whom the aforesaid E. maketh himself Cousin and Heir, and the aforesaid R. Father of R. and I. afterward died, and the aforesaid R. son of R. of the son of R. had issue there, the aforesaid E. and died, and she the said E. afterward died without Heir of her body issuing, (the said W. E. her husband in the said Fine named her surviving) and he the said W. died, after whose death the aforesaid T. & M. into the aforesaid Message, etc. in the aforesaid Towns of E. and M. entered as in their remainder aforesaid, and were thereof seized in their demeasne, as of Fee tail by virtue of the Fine aforesaid, and died without Heir of their bodies issuing, after whose death, one I. R. as Cousin and Heir of the aforesaid E. to wit, son of S. of the brother of R. of the father of the afores. E. into the tene. aforesaid with the appurtenances entered, and was thereof seized in his demeasne as of Fee, by virtue of the Fine aforesaid, the estate of which said I R. the aforesaid T. B. now hath in the same; and this, etc. whereof he prayeth, etc. if execution, etc.  

Cozenage maintained.  And the aforesaid E. saith, that he from having execution of the Messages, etc. in the aforesaid Towns of E. and M. against the aforesaid T. for any the matters before alleged, ought not to be barred, for that he saith, that long before the aforesaid spousal between the aforesaid, R. Father of R. and I. R. his wife, celebrated the same R. Father of him the said R. her the said I. taking to his wife, and the same I. him the said R. taking to her husband at M. in the aforesaid County of B. to one the other were betrothed, and all and singular the things concurrent of right in that behalf canonically being required, spousal between them the said R. and I. in the face of the Church, etc. were solemnly, and lawfully celebrated, within which spousal the aforesaid R. Father of R. and I. his wife at the aforesaid Town of M. had issue between them (that is to say) Father of the aforesaid E. and the aforesaid W. in the Fine aforesaid named his middle son, to whom the aforesaid E. maketh himself Cousin and Heir, and the aforesaid S. his younger son, without this that the aforesaid S. was son of the aforesaid R. of the father of R. & I. his wife, the elder of the afores. W. as the afores. T. B. above alleged. And this, etc. whereof he prayeth Judgement & execution, etc. And the aforesaid T. B. saith, that the aforesaid S. was son of the aforesaid R. of the Father of R. and I. his wife the elder of the aforesaid W. in form as he above alleged. And of this, etc. And the aforesaid E: likewise, And for that the Justices here are not yet advised whether the said issue of the Plea aforesaid ought to be tried by men of the venue of M. in the said County of E. or by men of the venue of R. in the said County of W. or by men of one venue, 
Venue.  and another, day is given to the parties aforesaid to hear their Judgement here in eight days of Saint Hillary, etc.   

Cozenage alleged in the Scire Facias.  
ANd hereupon the aforesaid W. L. saith, that he is Cousin and heir of the aforesaid M. to wit, son of I. of the son of I. of the son of him the said M. begotten and born at T. in the County of N. between I. L. of T. heretofore husband of the aforesaid M. and her the said M. after the spousal between them there celebrated, and prayeth against the aforesaid W. and A. execution, &c: And the aforesaid W. and A. know not any the matters in the Writ aforesaid, by the aforesaid W. L. before alleged and contained, and by protesting, that they as to the begetting and Nativity of the aforesaid I. son of M. so suspected in Manner and form above alleged by necessity have not, nor by the Law of the Land are held to answer, protesting also, that the aforesaid M. being the first, took to her husband one I. L. of M. which said I. and M. had issue between them one I. and the same I. afterward died without Heir-Male of his body, and the body of the aforesaid M. begotten, for Plea saith, that the aforesaid W. as Cousin and Heir of the aforesaid M. execution of the aforesaid Manor of W. with the appurenances, whereof, etc. by virtue of the Fine aforesaid against ethem ought not to have, for that he saith, that long after the death of the aforesaid I. L. of M. and before any spousal between the aforesaid I. L. of T. & M. had or celebrated, as well I. of H. the aforesaid M. to his wife, as M. him the aforesaid I. to her husband taking, at C. in the County of S. together were betrothed, & there after banes between them in the Church, etc. on three holy days from themselves distant solemnly proclaimed, the spousal was between them the said I. of H. and M. in the face of the same Church celebrated, and they there in Matrimony being lawfully coupled, and within the spousal all the life time of him the said I. of H. there continued, and before any spousal between the aforesaid I. L. of T. and M. had or celebrated, the aforesaid I. of H. and M. had issue between them, one N. at C. aforesaid begotten and born, and the Fine aforesaid in form aforesaid did levy, and the aforesaid A. which was the wife of W. afterwards died, after whose death the aforesaid I. of H. and M. were seized of the aforesaid Manor of W. with the appurtenances in their demeasne, as of Fee tail, Fee and right simple in the person of her the said M. quiescing, by virtue of the Fine aforesaid, and of such state thereof they died seized, and from them the said I. of H. and M. did descend the same Manor of W. with the appurtenances to the same N. as son and Heir of them the said I. and M. which said N. into that Manor, with the appurtenances entered, and thereof was seized in his demeasne, as of Fee tail, Fee and right simple thereof in the person of him the said N. as son and Heir of her the said M. quiescing, by the form of the Fine aforesaid, and had issue one H. at C. aforesaid begotten, and died, and from him the said N. descended the aforesaid Manor of W. with the appurtenances, whereof, etc. to the same H. as son and heir of the same N. which said H. into that Manor, with the appurtenances entered, and was thereof seized in his demeasne as of Fee tail, Fee and right simple thereof in the person of him the said H. quiescing by the form of the Fine aforesaid, and thus thereof being seized, he enfeoffed I. and E. etc. of the same Manor with the appurtenances, To have to them and their heirs for ever, by virtue of which, etc. in Fee, whereof one I, etc. the estate of the aforesaid W. and A. now they have in the same Manor, etc. and this, etc. whereupon he prayeth Judgement, if the aforesaid W. L. execution of the same Manor of W. with the appurtenances, by virtue of the Fine aforesaid against them, he ought to have, etc. And the aforesaid W. L: knoweth not any the things by the aforesaid W. and A. before alleged to be true, but rather false and imagined, and protesting also, that the begetting and Nativity of the aforesaid I. L. son of M. by him the said W. L. in his said Declaration of consanguinity, by what means he is Cousin and Heir of him the said M. are contained, and were truly and lawfully, and not suspectively alleged, as by divers Records, as well in Chancery, before the Chancellor, and in the Exchequer, before the Barons, as in the Treasury of the Sovereign Lord the King, among the Records of Pleas of Arms, before the late Constable of England holden, residing also both by very many evidences, muniments, true, just, and sufficient, and for such in the Law approved, and confirmed fully appeareth; For Plea saith, that he from having execution of the said Manor of W. with the appurtenances, by virtue of the Fine aforesaid, for any the matters by the aforesaid W. and A. thereof before alleged, ought not to be excluded, for that he saith, That the aforesaid I. L. of M. and the aforesaid I. L. of T. were one and the same person, and not divers persons, and that the same I. all his life time, as well by the name of I. L. of T. as by the name of I. L. of M. was named and known, and that the said marriage, between the aforesaid I. L. of T. and M. (they coming first together, as in that before by right, they were canonically required) at the aforesaid Town of T. in the face of the parish Church of the same Town, was solemnly celebrated, within which spousal, the same I. L. and M. had issue between themselves, the aforesaid I. L. son and Heir of the aforesaid M. there begotten and born, in form wherein the aforesaid I. L. by the said Declaration, the consanguinity aforesaid it is supposed, which said marriage between them the said I. L. and T. M. thus celebrated, there was continued all the life time of the same I. and after the death of the same I. the aforesaid M. took to husband the aforesaid I. of H. without this that the aforesaid betrothings, between the aforesaid I. of H and M. by the aforesaid W. and A. before alleged, were had or celebrated before the said spousal, between the aforesaid I. L. of T. and M. celebrated, as the same W. and A. above alleged, and this, etc. whereof he demandeth Judgement, if execution, etc. And the aforesaid W. and A. say, that the aforesaid espousals between the aforesaid I. of H. and M. by the aforesaid W. and A. before alleged, were had and celebrated before the said espousals, between the aforesaid I. L. of T. and M. celebrated, in form wherein the same W. and A. above have alleged, And of this they put, etc. And the aforesaid W. likewise, Therefore it is commanded, as well to the Sheriff of N. as to the Sheriff of S. that, etc.  

Bar that the demandant was born out of the espousal.  And the aforesaid P. saith, That the aforesaid W. execution against him ought not to have, because he saith that, where the aforesaid W. by his Writ aforesaid supposeth, and affirmeth, that he was son and Heir of the aforesaid T. the same W. was born out of all espousals, and this he is ready to verify, whereof he demandeth Judgement, whether the aforesaid W. as son and Heir of the aforesaid T. or of any other whomsoever, etc. against him ought to have, etc. And the aforesaid W. saith, that the aforesaid T. his Father, did to himself espouse A. his wife by name, of whom he was born within the espousals between them the said T. and A. celebrated, and this he is ready to verify, whereof he prayeth Judgement, whether, etc. And execution to him to be adjudged, etc. And the aforesaid P. saith as before, that the aforesaid W. was born out of all manner of wedlock, and not within wedlock aforesaid, as the aforesaid W. above alleged. And of this he putteth himself upon the Country. And the aforesaid W. likewise. Therefore, etc.  

Born before marriage.  And the aforesaid I. P. and A. acknowledge not that they who were parties to the Fine aforesaid, nor any of them ever had, or have had any thing in the tenements, and advowson in the aforesaid Fine contained, and say, that the aforesaid E. as son and Heir of the aforesaid W. execution of the tenements, and advowson against them ought to have, because they say, that the same W. took to wife one M. which said M. was espoused to the same W. at E. in the County of S. and there the espousals between them were celebrated, and say, that the s●me E. was born at C. in the County of S. be●ore marriage. And this they are ready to verify by the Country, of the aforesaid County of S. and as the Court here shall consider; whereof they pray Judgement if the same E. execution of the tenements, and Advowson aforesaid, as son and Heir of the aforesaid E. in this behalf against them, aught to have, etc. And the aforesaid E. acknowledgeth not any the things by the aforesaid I. P. and A. above alleged, and saith, that he for any the matters before alleged from execution of the tenements, and advowson aforesaid, by virtue of the Fine aforesaid, ought not to be barred, or repelled, for that he saith, that the aforesaid W. his Father took to wife the aforesaid M. to wit, at M. in the said County of E. and there the espousals between them in a lawful manner, and according to the Ecclesiastical Court, were celebrated, and saith, that hethere within the espousals between them the said W. & M. celebrated, was born and begotten, and this, etc. by the Country of the aforesaid County of E. and as the Court here shall consider, whereof he prayeth Judgement and Execution, etc. and the aforesaid, I. P. &c: say, that the aforesaid E. was born at C. in the aforesaid County of S. before the spousal, between the aforesaid W. and M. celebrated; and this as before he was ready to verify by the Country, and as the Court here shall consider, etc. And the aforesaid E. saith, that he was born, and was begotten within the espousal between the aforesaid W. and M. celebrated, to wit, at M. in the aforesaid County of E. and this as before he is ready to verify by the Country of the aforesaid County of E. and according as the Court here shall consider, and because it seemeth to our Court here that the issue of the Plea aforesaid, by men of both the Counties aforesaid ought to be tried; therefore it is commanded to both Sheriffs of the Counties aforesaid, 
Trial.  that both of them cause to come here (tali die) twelve, etc. by whom, etc.   

A Writ to the Bishop, to certify Bastardy.  
THe King to I. by the same grace, Lord Bishop of L. greeting; Whereas I. M. son of P. of the Brother of G. B. in our Court before us by our certain Writ, whereupon he certified that he impleaded I. A. and P. G. of a certain Message with the appurtenances in Fee, and they the said I. A. and P. according to due premonition, by virtue of our said Writ to him made before us, they appearing alleged him the said I. to be a Bastard, this pretending to verify, and for that, cognizance of such like cause, merely belongeth to the Ecclesiastical Court, we command you, that ye call forth before ye, any, which in that behalf shall seem fit to be called forth, and diligently thereupon ye make inquisition, and the whole truth thereof by your Letters, under your seal sealed, to us in eight, etc. wheresoever then we shall be in England, ye render more certain, and this Writ to us now ye send back, T. etc.  
And now here at this day, came as well the 
Return of the Scire facias.  aforesaid I. B. by B. his Attorney, as the afores. I. H. in his proper person, and the Sheriff returneth that he hath made to know to the same I. H. of being here at this day, etc. to show in form aforesaid by N. B. etc. honest, etc. And hereupon the aforesaid I. B. prayeth against the aforesaid I. H. execution, etc. And the aforesaid I. H. saith, that the aforesaid I. B. execution of the Message aforesaid with the appurtenances, by virtue of the Fine aforesaid 
I. to whom the plaintiff maketh himself Heir, was seized, whose estate the tenant hath.  against him ought not to have for that, he saith, that the same I. was seized of the same Messages with the appurtenances in his demeasne as of Fee-tail, by virtue of that Fine, the estate of which said I. the aforesaid I. H. now hath in those Messages with the appurtenances, and so he saith, that the Fine aforesaid was executed in the person of the aforesaid I. by his seisin by virtue of that Fine, and this he is ready to verify, whereupon he prayeth Judgement, whether the aforesaid I. B. execution of the Messages aforesaid with the appurtenances, by virtue of the Fine aforesaid, in form aforesaid, executed in this case against him, aught to have, etc. And the aforesaid I. B. saith, that he from having execution of the Messages aforesaid, with the appurtenances, against the aforesaid I. H. for any the mattrrs before alleged, ought not to be excluded; for that he saith, that the aforesaid 1 was not scised of the aforesaid Messages with the appurtenances, by virtue of the Fine aforesaid, in form wherein I. H. above hath alleged, and he prayeth, that this may be inquired by the Country, and the aforesaid I. H. likewise, therefore 12. etc.  
And the aforesaid T. R. as to eight Acres of Wood with the appurtenances, in the aforesaid Town of H. whereof execution now is prosecuted against him, saith, that the aforesaid R. and H. who were parties to the Fine aforesaid, at the time of the levying of the same Fine, before or after, had nothing in the same wood with the appurtenances, whereof, etc. as of , but that one I. M. than was thereof seized in his demeasne as of Fee, the estate thereof, of which said I. the aforesaid T. R. now hath & the day of the obtaining of the aforesaid Writ of Scire facias had in that wood with the appurtenances, and this he is ready to verify, whereupon he prayeth Judgement, whether the aforesaid P. son of P. execution of the same eight Acres of wood with the appurtenances, by virtue of the Fine aforesaid, in this case against him ought to have, etc. and as to the aforesaid 100 shillings of Rent with the appurtenances, in the same Town of H. whereof execution likewise is now prosecuted, the same T. further saith, that he is not thereof Tenant, perceiver, nor deforcient of that Rent with the appurtenances, nor Tenant of the tenements, from whence the same Rent with the appurenances cometh as of , nor was at the day of the obtaining of the aforesaid Writ of the said Scire facias, or ever afterward, And this he is ready to verify, whereupon as to that Rent with the appurtenances, he prayeth Judgement of the Writ, etc. And the aforesaid P. Son of P. as to the said Rend of 100 shillings saith, that the day of the obtaining of his Writ of Scire facias, to wit, the day, etc. year, etc. the aforesaid T. R. was tenant as of , of twenty Acres of Land with the appurtenances, in the aforesaid Town of H. whence that Rent with the appurtenances increaseth. And saith, that the same T. then was deforcient of the same Rent, with the appurtenances as of , as by the same writ is supposed. And prayeth at his peril execution of the same Rent with the appurtenances, against him to be adjudged, etc. therefore, etc. as to that Rent with the appurtenances, it is considered, that the aforesaid P. son of P. have thereof execution at his peril against the aforesaid T. R. by virtue of the Fine aforesaid, etc. And as to the aforesaid eight Acres of wood with the appurtenaeces, whereof, etc. the same P. son of P. saith, that at the time of the levying of the Fine aforesaid, The aforesaid T. and G. who were parties to that Fine, were seized of the same wood with the appurtenances, whereof, etc. in their demeasne as of Fee, etc. as by the same it is supposed; And this he prayeth, that it may be enquired by the Country, and the aforesaid T. R: likewise, therefore as to this issue 12. etc.  
Know you that it is considered in our Court, etc. that P. B. son and Heir of P. B. have execution against T. R. of 100 shillings of rent, with the appurtenances in H. by virtue of a Fine thereof levied in the Court of the Sovereign C. late King, etc. at W. in eight, etc. in the year, etc. before W. B. and his Associates then Justices of the same, etc. of the Bench between R. etc. plaintiff, and T. P. and B. his wife deforcients of the rent aforesaid with the appurtenances, and of other Lands and Tenements, in the same Fine contained by default, etc. And therefore we command you, that to the same P. of the rent aforesaid with the appurtenances, without delay plenary execution, and seisin you cause to have, T. etc.  
Know you, that it is considered in the Court, etc. that R. son and heir of R. have seisin, and execution against R. D. of the Manor of A. with the appurtenances, in your County, by the default of the aforesaid R. by virtue of a note of a certain Fine lately levied in the Court of the aforesaid C. late King, etc. at Westminster, (tali die) & Anno, etc. before R. B. and his Associates, Justices of the aforesaid late King of the Bench, and afterward in eight, etc. in the 
Habere facias seisinam sur recovery upon default in a Scire fac.  year, etc. there granted and recorded before the same Justices, and others faithful of the same late King then there present, between R. of A. etc. plain tiff, and I. of S. and E. his wife deforcients of the Manors of O. and R. with the appurtenances, in the County of N. and of the aforesaid Manor of A. in your County. And therefore we command you, that to the same R. son of R. of the aforesaid Manor of A. with the appurtenances, without delay, plenary, sesin, and execution, you cause to have, T. etc.  
Afterward die & loco, etc. came the within-named 
Recite of ● Feme Covert upon her busbands' default.  R. W. in his proper person, and the within named W. N. being solemnly exacted came not, but I. the wife of the same W. within named in her proper person came and saith, that the Manors within specified, are the right of haet the aforesaid I. and that she is ready to show that the aforesaid R. W. execution of those Manors, by virtue of the fine within written ought not to have, whereupon she cometh before Judgement yielded, being ready thereof to answer to the aforesaid R. and to defend her right, and prayeth that she by the default of the aforesaid W. her husband may not lose thereof her right, but that she may be admitted thereof to the defending of the right of her the said I. etc.   

Certain causes of the nature and form of a Scire Facias upon a Fine.  

Surplusage  ANd a Scire Facias to execute a Fine, must agree with the Fine, and then it is not material, if one thing be twice demanded thereby, as a Manor, and a hundred parcel of the same Manor, 27 H. 8. 2.  

Upon the note.  A Scire facis may be sued upon the note of the Fine, before it be engrossed by the Chirographer, 22 H. 6. 13.  

A fine before memory. Of Land in in lieu of the services.  But of a Fine levied before time of memory, a man shall not have execution by Scire facias, 1 E. 4. 6. Contr. 16 H. 7. 9  
Where a Fine executory, is levied of a Seignory, if the Land escheat, or the Tenant be forejudged, etc. the Cognisee shall have a Scire facias of the Land in lieu of the services, 48 E. 3. 11.  
A Mittimus maketh no mention, whether the Fine be engrossed or no, but, whereas a certain Fine was levied, etc. 22 H. 6. 13.  
If a Fine be levied to A. in tail, the remainder to B. in tail, the remainder to C. in Fee, And the Record is sent into the Chancery, and the first tenant in tail dieth without issue, & the Record cometh back into the Bench by Mittimus, at the suit of him in the first remainder, and thereupon he had a Scire facias to execute the Fine, and died without issue before execution had, he in the remainder in Fee, shall not hereupon have a Scire facias, without a new commandment, because the Record was once out of the Court, and come again at the suit of him in the first remainder; unto whom he in the remainder in Fee is an estranger, yet the issue of him which removed the Record, in this case might have a Scire facias, without any new commandment, because he is privy, 14 H. 7. 16. 9 E. 4. 15. 11 E. 4. 13.  
If two sue a Scire facias to execute a Fine, and the one dieth, the survivor shall have a Scire facias, without any new commandment, 1 E. 4. 13.  
But if divers persons as Heirs unto A. B. pray a Scire facias, it is not grantable, until they have sued several Writs to the Justices of the Bench, commanding them to make execution, 11 E. 4. 13. T, 21 E. 4.  

Coment Cousin and Heir.  In a Scire facias to execute a Fine, as Cousin and Heir to him in the remainder or reversion, after the death of the particular tenant, the plaintiff needeth not to show how Cousin and Heir, so long as the Plea hath continuance, by idem dies, etc. given to the tenant, nor at his appearance, nor until the plaintiff pray execution: And then the 
* How Cousin and Heir.  Comment Cousin and Heir, is to be entered thus in the Roll only: And the aforesaid I. saith, that he is Cousin 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 replieth that he is a bastard, it is a good replication, 40 E 3. 16.  

Upon estate executed.  Scire facias upon a Fine levied 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 levied to a Baron and Feme, and to W. and his Heirs, and he dieth, and then the Baron and feme do die, the Fine is executed for one moiety in the life of W. Fitzh. Scire facias 19 43 E. 3. 9 24 E. 3. 57 
Aid.   
Tenant for life in Scire facias had aid of him in remainder, 41 E. 3. fo. 16. & 20. 22 E. 3. 12.  

Death shown.  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  

Several estates.  If the plaintiff have several estates created by one Fine, he needeth but one Writ of Scire facias, 43 E. 3. 11. though it be of several things against several 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, etc. be levied of a reversion by the name of the Land, it is not executory, 43 E. 3. 15.  

Seignory.  If the services escheat after a Fine levied of the Seignory, the Cognisee shall have execution of the Land escheated, 48 H. 3. 11.  

Of things out of the Writ.  A Scire fa. lieth sometimes of things not comprised in the Writ: as if in a Fine sur release, the Cognisee render rend 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 entereth, the Fine is executed, so as their issue needeth no Scire facias, 49 E. 3 12.  

Of a reversion.  Scire fa. lieth 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 general non tenure pleaded, the plaintiff 
Non tenure general or special. Nihil returns.  may take execution at his peril: But special non tenure seemeth a good Plea, 7 H. 6. 25:  
A man shall not have execution upon nihil returned, because the tenant may be summoned in the Land demanded, 24 E. 3. 25.  

Half blood.  If a Fine be levied 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 entereth and dyeth without issue, and his next heir entereth, 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 levied 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, etc. and the tenant in tail, grant and render the Land to the Cognisor for years, yielding rend, etc. and die, this Fine is void against the issue in tail, M. 10. and 11 Eliz. Dyer foe 279. p. 7. 36 H. 8. Br. Fines 118.  
A Fine with Proclamation levied 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 rendereth to him a rent in Fee, and die 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. foe 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 rend 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 the Fine was not levied 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 levied 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 avoided ..  
TO know what time persons that have cause toenter, or claim, may enter, or clai master a Fine levied, 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 either such as are void of impediments, or such as have impediments; and the same be either parties, or privies to the Fine, or estrangers to the same. And again they have either present right, or future right, such have the same, either wholly after the fine, or partly before, & parrly after: and some of them have but one title, and some divers; and others have no right to the Tenements comprised in the fine, but to some things therein, or issuing out of the same.  
Parties to Fines, void of impediments at the time of the levying of the same, and their Heirs, are thereby barred presently, and have no time at all to avoid the same, by entry, or claim, 1 R. 3. ca 7. 4 H. 7. ca 24. whether they be persons having natural capacities, or civil.  
If they be such civil bodies, or corporations, as have in themselves absolute estate and authority of their possessions, so as they may maintain a Writ of right thereof, as Mayor and Cominalty, Dean and Chapter, Colleges, societies corporate, and such like, and their successors, and barred by fines presently, Plo. 338. a T. 20. Eliz.  
But Deans, Bishops, Priors, Abbots, Masters of Hospitals, Parsons, Vicars, Prebendaries, Chantry Priests, and such like, which may not have a Writ of right, but either a Juris utrum. Fitz. Nat. fol. 48. 1. or sine assensu Capituli fit. Nat. fo. 118. 1 are not barred by such fines if the patron and ordinary join not with them. Plo. 538. a. 20 Eliz. 375. b. 11. Eliz.   

How privies in blood are bound in Fines.  
ANd by the same Statutes, 1 R. 3. c. 7. 4 H. 7. c. 24. Privies in blood, as Heirs of the Cognisors, claiming by the same title, that their Ancestor had that levied the Fine, be barred presently thereby, whether they be void of impediments or no. As if Land of Soccage tenure be given to a Baron and Feme, in special tail, the remainder to the right Heirs of the Baron in Fee, and the Baron sole levieth a fine with Proclamation to his own use in Fee, and after deviseth the same Lands to A. in Fee, and hath issue, and then the Baron and the Feme die, the issue in tail is barred, because he cannot otherwise convey himself to the tail, and descent in tail, than the Heir of the body, both of his Father and Mother, Tr. 18 Eliz. Dyer f. 251. p. 24. 9 H. 8. Dyer f. 3. p. 6. 32 H. 8. Br. Fine 109.  

Privies.  So if husband and wife, tenants in special tail, have issue, and the wife die, and the husband Mary another wife and have issue, and levy a fine, sur cognizance de droit come ceo, etc. and by the same fine, take estate in special tail, the remainder over, etc. and die, the issue by the first wife is barred, because he is privy in blood, the continuance of the possession in the husband notwithstanding, 32 E. 3 Dyer pl. 16 Eliz. f. 354. p. 31. and 32.  
But if my Father's Brother disseise him, and levy a fine with Proclamation, and my Father and Uncle within five years after Proclamation die, yet may I avoid it by entry, at any time before the end of the said five years, notwithstanding, that I am privy in blood unto my Uncle, for that my title to the Land; groweth by my Father, and not as Heir unto my Uncle, P. 19 H. 8. Dyer f. 3. p. 3.  
Nevertheless, if my Father disseise my Grandfather of an estate in Fee, and thereof levy a fine with Proclamation, and first my Grandfather, and then my Father die, I am now barred as privy, because I cannot otherwise convey myself to the Lands, than as Heir unto my Father the Cognisor, P. 19 H. 8. Dyer f. 3. p. 3.   

Of Estrangers having present right and no impediment.  
BUt Estrangers to fines (which be all persons, not parties, nor privies) and being void of impediments natural and legal, and having present right to the Lands in the fine, have only five years after Proclamations, to enter and claim their right, 1 R. 3. c. 7. 4 H. 7. c. 24.  

Tenant in remainder, or reversion upon an estate for years, or at will.  As if one have a remainder, or a reversion, depending upon an estate or years, or by Statute Staple, Statute Merchant, or elegit, and the termor be disseised, and a fine levied, etc. and five years passed, they be all barred thereby: for that these termors might presently have entered, and he in the reversion, or remainder for such disseisin, might have had an Assize. So the Statute, 4 H. 7. c. 24. seemeth to bar the Termors through negligence by this word Interest, which comprehendeth a Term, Pl. f. 374. a.  
And if a Tenant in tail be disseised, and a fine levied with Proclamation, and five years past, and the tenant in tail dieth, the issue in tail is bound for ever, per Dyer and Catlin, for the right was present to the tenant in tail, at the time of the fine levied, and he cannot claim, but by the same title which his Father had, which was barred in his life time, Plo. foe 374. a Dyer fo. 3. Pl. 19 H. 8. 7.  
The like it is of the Laches of him in the remainder, or reversion, for it barreth him and his Heirs, Pl. foe 374. a. Dyer foe 3. p. 6.   

Of Estrangers that have present right and impediment.  
BUt Estrangers to fines pestered by impediments of infancy, coverture, madness, idiocy, lunacy, imprisonment, or absence out of the Realm, at the levying of fines, and having then present right, or interest, have yet liberty five years after such infirmity removed to make entry, or claim, etc. 1 R. 3. c. 7. 4 H. 7. ca 24.  

Infants.  And therefore an Infant hath five years after, he accomplish his full age, (though he be in his Mother's womb) Plo. s. 367. a. because the Law intendeth, that Infants by reason of their tender years, do want understanding to know their right, and whether their entries be lawful or no, And how to make their entries and claim, or bring their actions according to their title, Plo. foe 359. 4 H. 7. c. 24.  
Yet if my Father's Brother disseise him, and levy a fine with Proclamation, and a year after the Proclamation my Father dyeth, And after, and within five years my Uncle dyeth, I by reason of my Infancy, have only so much time to avoid the same, as at the death of my Father remained to come of the five years' next after the Proclamation, and not now five years, because I claim by the same title that my Father had, in whom the first five years were attached and begun, Dyer foe 3. pl. 2. In like Manner, and for the same reason, if the Father, or Ancestor be disseised, and the disseisor levy a fine with Proclamation, and within five years after the Proclamation, the Ancestor dyeth, his Heir being within age, yet if he make not his entry, or claim, within the first five years after the Proclamation, he is barred. Blow. f. 367. b. 377. a. And it is there adjudged.  

Non sanae memoriae.  Madmen, and lunatics, estrangers to fines, have the like liberty to enter or claim, that Infants have for their indiscretion, 1 R. 3. c. 7 4 H. 7. c. 24. Yet as it seemeth, if nonsanity of memory happen after the fine levied, and before the last Proclamation be made, the parties be not tied to make claim or entry, during the first five years, but shall have five years after they be cured of their said maladies, because they grow by the act of God, Blow. fol. 375. a. and 366. a.  

Coverture.  And a feme Covert being an estranger to a fine, hath five years after she be discovert to pursue her right, for that during the Coverture, she wanted power to do the same, without her husband's consent, who perchance would neither do it, nor suffer it to be done: howbeit, if a feme sole being an estranger to a fine, and have present right, etc. take a husband, who suffereth the five years to incur, she is thereby barred for ever, because it was her own voluntary act and folly, to marry such a husband, Blow. fo. 336. a.  

Imprisonment.  Estrang. to fines, impris. at the time of the fine levied, have the like liberty to avoid fines that Infants have, because the Law intendeth, that prisoners are so closely, and straightly kept from the conference of others, that they know not what happeneth abroad; and also want liberty to take counsel, and make their entries and claims, and therefore no laches is in this behalf imputed to them, Pl. f. 360. a. and 366. a. But if such imprisonment happen after the fine levied, before the last Proclamation made, it seemeth he shall have five years after his enlargement, because the imprisonment is not his voluntary act, Pl. 375. a. 366. a.  
An estranger to a fine being out of the realm, 
Out of England.  at the levying thereof, hath five years after his return to enter, or claim. But if he had been in England at the levying of the fine, and after had gone beyond the Seas, and suffered the five years after Proclamation to pass, he had been barred, Pl. f. 366. a. 7 Eliz. 4 H. 7. c. 24. But if he be sent beyond the Seas in the King's service by his commandment, it seemeth otherwise.  

Corporations.  And such civil bodies, or corporations as have in themselves, absolute estate and authority of their possession, so as they may maintain a Writ of right thereof, as Mayor, and Communality, Dean and Chapter, Colleges, Societies incorporate, and such like, they and their successors, are barred by fine and nonclaim by five years, Plo. f. 538. T. 7. 20 Eliz.  

Corporations.  But Deans, Bishops, Priors, Abbots, Masters of Hospitals, Parsons, Vicars, Prebendaries, Chantry Priests and such like, having joint power, and which may not have a Writ of right, but either a juris utrum, Fitz. Nat. f. 48. r. or sine Assensu capituli, Fitz. Nat. fo. 118. 1. are not barred by such fines, and non claim by five years, Pl. 538. a. 230. Eliz. 375. b. 11 Eliz.   

Of Estrangers having divers defects.  
ANd moreover Estrangers to fines, having divers defects, or infirmities, as infancy, coverture, nonsanity of memory, imprisonment, absence out of the realm, to avoid fines, must have five years after, the last of the said infirmities removed, Plo. 375. a.  
But if they have divers impediments which be all once after the Proclamation removed, and after they fall into the like again and die, their Heirs are not to have new five years, but the first five years begun in their Ancestor's immediately after their first impediments so removed shall proceed, and non-claim of their Heirs, during all the residue of the said five years, binding them as their said Ancestors should have been bound thereby, if they had remained void of such impediments during all the said five years, Pl. f. 375. a.   

Of Estrangers without impediments, having future right for cause precedent.  
THus much of Estrangers to Fines, having present right; now of such as have future right: which right is of two sorts: for it groweth either wholly before the Proclamation, or partly before, and partly after the same.  
And therefore Estrangers to fines void of the said impediments, whose right, title, claim, or interest first groweth, remaineth, descendeth, or cometh to them after the Proclamation, by force of any matter, or cause had, or made before the same, have only five years after such right, etc. first groweth, descendeth, remaineth, or cometh unto them, 1 R. 3. c. 7. 4 H. 7. c. 24. As if a Morgagee be disseised, and the disseisor doth levy a fine with Proclamation, and the five years after the Proclamation, the morgagee payeth or tendereth the money, according to his bargain, he may lawfully enter at any time, within 5. years after the said payment, or tender, because his title first accrueth thereby after the Proclamations by reason of the condition, and mortgage made before the same Pl. f. 378. a. b.  
In like manner, and for the like cause, he which hath a remainder, or reversion depending upon an estate of , hath five years, after that his remainder, or reversion accrueth, to enter, etc. And his Heir, if he die before entry, etc. hath only five years after the death of the particular tenant to enter, Blow. fol. 374. a. b.  
And if tenant in tail levy a fine with Proclamation, after the five years he dieth without issue, the donor hath five years after his death, to bring his Formedon in reverter, because he is the first unto whom the right cometh after the Proclamation, for cause precedent, Blow. fo. 374. a.  
And if tenant in tail discontinue in Fee, and the discontinuee levieth a fine with, etc. and five years do pass, and the tenant in tail dieth, yet his issue hath five years after his descender, to bring his Formedon in discender, because he is the first to whom the right of the entail cometh after Proclamation, by force of the gift in tail made before the fine, Plow. 374. a. 19 H. 8. 7. Dyer f. 3. p. 5.   

Of Estrangers with impediments having future right.  
ANd Estrangers to Fines, having future right for any cause precedent the fine, being affected with such impediments. when their right first accrueth, have five years after such impediments removed to pursue for the same, 1 R. 3. c. 7. 4 H. 7. c. 24. As Infants, as well those which be born, as those which be in their Mother's womb, when such right happeneth to them, Plo. f. 367. a. Femes Covert, Madmen, Lunatics, Prisoners, persons beyond the Sea, as appeareth before, where it is spoken of them having present right, Plo. 366. a. 7 Eliz.  
As if a man have issue, a son and a daughter, which son purchaseth Lands and dieth: and the daughter entereth as his Heir, and is disseised by A. who levyeth a fine, and five years pass without claim. And ten years after the Father hath another son which is Heir to his Brother, he shall have new five years after he come to his full age, because he is the first to whom the right descended after the Proclamation, by reason of the descent which was before them, Plo. f. 374. b.  
But if an Estranger to a fine to whom a remainder or other title first accrueth after the fine do not pursue hls right within five years, he and his issue are barred for ever, 16 H. 8. Dyer f. 3. pl. 6.  
And in like manner, if the first issue in tail to whom the title of the entail first accrueth, neglect his five years, the whole estate tail is thereby bound for ever, 32 H. 8. Br. fines 100  
If he which abateth after the death of a tenant in Fee, make a Feoffment upon condition, and the Feoffee levy a fine, and five years after Proclamation pass without entry, or claim, made by his Heir, the Heir is barred: But if afterwards the condition be broken, and the abator therefore enter, than the Heir may have an Assize of Mort dauncester against the abator, or entry upon him at any time, and he hath no defence. For if he plead in bar of the assize, the Fine levied to the Cognisee, and that he hath his estate, the special matter of the abatement, condition and reentry, may be pleaded in defence thereof, for he can never challenge privilege by the estate of the Cognisor, which he himself defeated, Plo. fol. 358. b. 7 Eliz.   

Of Estrangers having no right for any cause before the Fine.  
BUt Estrangers to Fines, having neither present, nor future right, etc. at the levying thereof, by reason of any matter had before the fine, whose right groweth either entirely after the Proclamation, or partly before, or partly afrer, may enter or claim when they please, within the time of the prescription.  
As if the Father die seized, his eldest son being professed, and the younger son entereth, and is disseised, and a Fine with Proclamation levied, and after the elder son is deraigned, it seemeth, he is bound to no time, Plo. f. 337. a.  

Dower.  So if the husband levy a fine of his own Lands, whereof his wife is dowable, and die, and five years pass after his death, she is not barred of her dower; because her title to be endowed, accrued after the fine levied, namely, by the death of her husband, for before his death, she had only possibility of dower, and not any right title, or interest thereunto, Plo. foe 373.  
And if a Tenant cease one year, and then a Fine with Proclamation is levied: And afterwards a Tenant ceaseth another year, the Lord may have his cessavit per biennium 20. years after the Proclamation made, because his right and title groweth partly before the Fine, and partly after the fine levied, that is at the end of the two years of his Tenant's ceasser, Plo. foe 373. b.   

Of Estrangers having divers future rights by divers Titles.  
BUt if Estrangers to Fines, have several future rights by divers titles growing at several times, it seems that they shall have several five years, to make entry, or claim, commencing from such time, as their several titles first accrue unto them: As if tenant for life, the remainder in Fee, make a Feoffment in Fee: And the Feoffee levy a fine with, etc. and he in the remainder suffer the first five years to pass, he is by his laches barred of his entry, for the forfeiture growing by the alienation of his tenant, during his tenant for life, because he had present right at the levying of the fine, to enter for the same, yet if after the tenant for life do die, he hath other five years, to bring his Formedon in remainder, because that is a new title or right, by which he could not have his Formedon during his tenant for life. And he had his election, to take advantage of the forfeiture or not, Plo. f. 573, b. Quaere, for there katlyn thinketh otherwise, because his right to the Land by the forfeiture accrued to him in the life time of his tenant for life.  
If I. S. be tenant pur altar vie, the remainder to another for life, the remainder to the same I. in Fee, and I. S. is disseised, and the disseisor levyeth a Fine with Proclamation, and the five years pass, I. S. is bound for his future, and present estate for life: But if cesuy qui vie, and he in the mean remainder die, now I. S. shall have other five years to enter for his remainder in Fee, for it then first remaineth unto him by the death of him in the mean remainder, and cesuy qui vie for cause grown wholly before the fine, that is the State so made before, which is another title, Plowden 367. h. per Welsh. and divers Justices, Plo. 367. b.  
In like manner, if Land be given to I. S. for the life of A. the remainder to him for the life of B. the remainder to him for the life of C. and he is disseised, and the disseisor levyeth a fine with Proclamation, now I. S. for his present right, hath five years by the first Saving of the St. 4 H: 7. ca 24. And five years after the death of A. by the second Saving, which is of future right, and other five years after the death of B. for his second remainder, for quando duo Jura in una persona concurrunt, aequum est acsi essent in diversis, Plo. 368. a.  
If any man disseise a feme sole, and after marry her, and have issue by her, and the Baron is disseised before marriage, or after, and a fine with Proclamation levied, first the Baron, and after the feme die within five years, the issue being of full age, the five years past, he is thereby bound as Heir to his Father, but hath other five years after the death of his Mother, to enter, for albeit it, is but one self same Land, yet the Heir hath several rights thereunto growing at several times, the one as Heir to his Father, the other as Heir to his Mother, in regard whereof he hath several times, Plow. 367. b.  
So if the husband maketh a Feoffment of his wives Lands, upon condition, which is broken, he levyeth a fine which, etc. the husband hath issue by his wife and dieth, the first five years pass, and then the wife dieh, the Heir is barred of his entry, for the condition as Heir to his Father, but shall have five years after the death of his Father, to claim, etc. because it is a title differing from that which did descend from his Father, accrueing to him first by the death of his Mother, Plow. 167. a.   

Estrangers to Fines, having neither present, nor future right to the tenements in the Fine, at the levying thereof, but only unto rents common, etc. issuing out of the same.  
ANd Estrangers to fines having neither present, nor future right to the tenements in the fine, but to something in, or issuing out of the same, seem not barrable at all by any such fine, or non-claim. As if a Tenant in ancient demesne levy a fine with, etc. at the common Law, of his Land in ancient demesne, the Lord in ancient demesne, may have his Writ of deceit, and thereby avoid the fine at any time, and thereupon his Tenant shall be restored to the Land, because the Lord claimeth not the Land, whereof the fine is levied, but his ancient Seignory, and services issuing out of the same, Plo. 370. b.  
It seemeth such fines do not bar such estrangers, as have Rend, Common, way, Estovers, nor any such charge out of the Land, for it seemeth, that these fines extend only to bind the estate, title, right, claim, entry, and interest, in and to the Land, and no profits to be taken out of the Lands, nor to take any power given to executors, or others to sell the Land. Br. tit. Fines 123.   

Pleas to avoid Fines:  
IT is a good Plea to say, That I. S. was seized tempore levac. and before the fine levied, without that, that the parties in the fine had any thing therein, at the time of the fine levied, 9 H. 4. 27. 3 H. 6: 27.  
Or to say that the parties to a fine had nothing, etc. but A. B. whose estate he hath, And of this he putteth himself upon the Country, 33 H. 6. 18. 26 H. 6. f. 9 42 E. 3. 20. 4 H. 4. 8. 14 H. 4. 33. 4 H. 7. c. 24.  
If there be two R. D. of one name, and the one levy a fine of the Land of the other, the other may avoid the fine by pleading, that there be two of one name, and the other R. D. levied the fine, and not he: And in l●ke manner if any stranger levy a fine in the name of another that is owner of the Land, 34 H. 6. 19 Contr. ten. 19 H. 6. 44. because it is a matter of record, therefore he hath no other remedy in such case, but an Action of deceit.  
Neither parties to fines, not their Heirs may plead in avoidance thereof, that before the levying, and at the levying of the same, and since the demandant, or plaintiff, or their Heirs, were always seized of the Lands contained in the fine, or parcel thereof, St. de finibus 27 E. 1. ca 1. 12 E. 4. 15. and 19 yet by Fairfax, if tenant in tail, the remainder in Fee, levy a fine sur cogcognizance de droit come ceo, etc. he in the remainder may aver the continuance of possession, notwithstanding the fine, and Statute, because he is neither the party, nor his Heir, and so may a feme covert, where her husband sole levyeth the fine, 12 E. 4. 12.  
The issue in tail may aver continuance of possession against a fine, sur cognizance de droit tantum, or surrender, but not against a fine, sur cognizance de droit come ceo▪ que il ad de son done, because that fine is executed, and the other executory, 12 E. 4. 15. and 19 11 H. 4. 85.   

Of a Writ of Error.  
A Writ of error to reverse a fine, lieth where there is error in any fine, and thereby not the record of the fine itself shall be removed, but the transcript thereof, upon which transcript of the note of the fine, the plaintiff may assign his errors: And if the Justices think, that the point assigned for error, is error, they may send for the note of the fine, and reverse the same, F. N. B. f. 20. f. As if a Baron and Feme levy a fine to an estranger, the feme being within age, they may have a Writ of error to reverse the fine, for this cause during her nonage. F. N. B. 21, d. 27. ass. pl. 17. 50. E. 3. 4. And when a fine is to be reversed by error, the course is for the plaintiff in the Writ, to have several Writs of error, one directed to the chief Justice of the Court of Common Pleas, to certify the Record and Process of the fine, another unto the Custos brevium of the same Court, to certify the transcript of the foot of the fine, and the third unto the Chirographer, to certîfie the transcript of the record, and process of the fine: the several forms, whereof he as followeth.   

A Writ of Error directed unto the chief Justice of the Court of Common Pleas.  
OLiver, etc. To his beloved and faithful E. A. Knight greeting; Because in the Record and Process; and also in the levying of a certain fine in our Court before you, and your Associates, our Justices of the Bench at Westm. in eight days of Saint Michael last passed, by our Writ of Covenant, between I. G. the Elder Esquire, M. his wife, and I. G. the younger Gent. plaintiffs, and G. H. deforcient, of the Manor of G. with the appurtenances, and of one Message, 15. Cottages, 15. Tofts, 4. Barns, 15. Gardens, 2. Orchards, 200. Acres of Land, 80. Acres of Meadow, 100 Acres of Pasture, 6. Acres of Wood, 300. Acres of Moor, and Common of pasture for all manner of Beasts, with the appurtenances in G. in the County of York levied, manifest error hath intervened unto the great damage of him the said G. as by his plaint we have received, we willing in this behalf, that the error if any shall be, may in a due manner be corrected, and to the same G. full and speedy Justice be done, we command you that, the Record and Process of the fine aforesaid, with all things concerning the same, which in your custody are as it is said, to us under your Seal distinctly and openly ye send and this Writ. So that we may have them in eight days of Saint Hillary, wheresoever then we shall be in England, that looking into the Record, and Process of the fine aforesaid, we may thereupon cause further to be done for amending that error, that which of right, and according to the Law and custom of our Commonwealth of England ought to be done, etc.   

A Writ of error unto the Custos brevium of the Court of Common Pleas.  
OLiver, etc. To his beloved T. S. Esquire, Keeper of his Writs of the Bench greeting; Because in the Record and Process, and also in the levying of a certain fine in our Court of the Bench at Westm. in eight days of Saint Michael last passed, before E. A. Knight and his Associates our Justices of the Bench aforesaid, by our Writ of Covenant between, etc. of etc. we command you that the transcript of the foot of the fine aforesaid, with all things concerning those which in your custody are as it is said, to us under your Seal, etc. that looking into the transcript of the foot of the fine aforesaid, etc.   

A writ of error unto the Chirographer of Fines.  
OLiver, etc. To his beloved T. C. Esquire his Chirographer in the Bench greeting; Because in the Record and Process, and also in the levying of a certain fine in our Court of the Bench at W. in eight days of Saint Michael last passed, before E. A. Knight, and his Associates our Justices of the Bench aforesaid, by our Writ of Covenant between, etc. of, etc. we command you the transcript of the Record and Process of the fine aforesaid, with all things concerning those, which in your custody are as it is said, to us under your Seal distinctly and openly ye send, and this Writ, etc. that looking into the transcript of the Record and Process of the fine aforesaid, we may, etc.  
And note that a Writ of Error is not maintainable by an Infant, to reverse a fine for his Infancy, but during his Infancy, 50 E. 3. 4. 17 E. 3. 52. 78. 27. lib. Ass. 53.   

For what Errors, Fines, and Proclamations be not reversable.  
NO Fines or Proclamations upon fines or common recoveries, shall be reversable by Writ of Error, for false or incongrunous latin, razure, interlining, misentring of any warrant of Attorney, or of any Proclamation, misreturning, or not returning of the Sheriff, or other want of form of words, and not of matter of substance, 23 Eliz. ca 3.   

Of error in the Proclamation of a fine.  
IF error be in the Proclamation of a fine, they shall be reversed by Plea without Writ of error, but that fine nevertheless remaineth of good force still, for they are several matters of Record, yet if error be in the fine, the Proclamations are void, because the fine is the first Record, whereupon the Ploclamations depend, and sublato subjecto tollitur accidens, Plo. 266. a. Dyer fol. 216. pa. 54. 4 Eliz.   

Of a Certiorari.  
IF a man have recovered, and before he have execution, the Records thereof be removed into the receipt or treasury, the plaintiff may have a Certiorari out of the Chancery to the Chamberlain and Treasurer, to remove the tenor of the Record, and Process thence into the Chancery. And when it is there, it may be sent thence by Mittimus into the Court whence it came, as the uper Bench, if it came thence, or into the Common-place, if it came thence, and there may execution be sued, 37 H. 6. 16.  
A Certiorari with a Mittimus to renew a fine, bearing date before the fine come into the Chancery, is good enough, 1 R. 3. 4.  
In a Writ of error to reverse a fine, the Record itself shall not be removed, but the transcript thereof, because a Record which cometh into the upper Bench, shall not be remanded: And if the Judgement be affirmed, there is no Chirographer to engross the fine, 40 Ass. 19 29. Ass. 43.  
Yet 5. Marry it is holden that in a Writ of error upon a fine, the Record itself shall be certified, so that no more Proclamations shall be made thereupon, for if it be reversed, that endeth all: and if the fine be affirmed, the Record shall be sent into the Common-place by Mittimus to be Proclaimed, and engrossed; for if the transcript only should be removed, they might nevertheless proceed in the Common place, B. tit. Rec. 79. Ideo quaere.   

A Certiorari of the transcript of the foot of a Fine.  
OLiver, etc. To the Treasurer, and Chancellor's greeting; because for some certain causes, we will to be certified, or willing for certain causes to be certified, or for some certain causes to be certified, upon the tenor of the foot of a certain fine levied in our Court before our Justices long ago, or last itinerate at N. in (Com. tali) by our Writ, or in the Court of the Sovereign Lord Ch. late King of England, etc. in the year, etc. before I. and his Associates then Justices, etc. of the Bench by his Writ, between A. Demandant, and B. Tenant, of one Message with the appurtenances in N. we command you, that you search in the Feet of the fines of the same 
* Iter signifies a journey, or voyage, etc.  circuit at the time aforesaid levied, or of the fines before the aforesaid Justices in the year aforesaid levied, which are in our Treasury under your custody as they say, the transcript of the foot of the fine aforesaid to us into our Chancery, under the Seal of our Exchequer distinctly and openly without delay you send;  
And this Writ. Teste, etc.   

Otherwise of the tenor of the note of a Fine.  
OLiver, etc. To his beloved Clerk W. greeting; We willing, etc. upon the tenor of the note of a certain fine levied, etc. Anno, etc. between A: demandant, and C. Tenant, etc. we command you, that you search in the notes of the fines remaining in your custody, a transcript of the note aforesaid, to us in our Chancery under your Seal distinctly, and openly without delay, you send, and this Writ T. etc.   

Otherwise before Justices now of the Bench.  
A Fine levied in our Court in the year, etc. before W. and his Associates then our Justices of the Bench by our Writ, between, etc.   

A Mittimus of the Transcript of a Fine out of the Chancery into the Common place.  
OLiver, etc. hath sent to the Justices here his Writ close in these words: Oliver, etc. To his Justices of the Bench greeting; the transcript of the foot of a certain fine levied in the Court, etc. before R. H. and his Associates then Justices, etc. of the Bench at Westm. by his Writ between G. P. and I. his wife plaintiffs and S. P. desorcient, of the Manor of C. with the appurtenances to us in our Chancery of our mandate sent, to you we send, in these presents intercluded, commanding that by the inspection aforesaid for the further prosecution of I. L. and M. his wife being one, and T. U. and T. his wife being another, and also of H. B. third Cousin and Heir of the aforesaid G. and I. of their bodies be gotten, you cause to be done, that which of right, and according to the Law and custom of our Commonwealth of England ought to be done, witness myself at Westminster, the eighth day of I. in the year, etc. The transcript of the foot of the fine, whereof mention is made in the Writ aforesaid followeth in these words: This is the final Concord made in the Court of, etc. at Westm. in eight days of Saint Michael, in the year, etc. before R. H. W. B. P. M. W: H. L. T. and H. S. Justices and other faithful then there present, between G. P. and I. his wife plaintiffs, by W. F. put in the steed of them to 
Attorney in the fine.  gain or lose, and S. P. deforcient of the Manor of C. with the appurtenances, whereof Plea of Covenant was summoned between them in the same Court, to wit, that the aforesaid G. hath recognized the aforesaid Manor with the appurtenances to be the right of him the said S. as that which the same S. hath of the gift of the aforesaid G. And for this Recognizance, fine, and Concord, the same S. hath granted to the aforesaid G. and I. the aforesaid Manor with the appurtenances, and that to them he hath rendered in the same Court, To have and to hold to the same G. and I. and the Heirs which the same G. of the body of her the said I. shall beget, 
Render entail.  from the aforesaid S. and his Heirs for ever, yielding therefore by the year one Rose at the Feast of the Nativity of Saint John the Baptist, for all service, consideration, and exaction unto the aforesaid S. and his Heirs belonging. And 
Foreign service.  doing therefore to the chief Lords of that Fee, for the aforesaid S. and his Heirs, all other services, which unto that Manor do belong: And if it happen, that the aforesaid G. shall die without 
Remainder in tail.  Heir of the body of him the said I. begotten, then after the decease of them the said G. and I. the Manor aforesaid, with the appurtenances, shall wholly remain to I. Brother of the same G. and to 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 happen that the aforesaid W. shall die without Heir of his body begotten, then after the decease of him the said W. the aforesaid Manor, with the appurtenances, shall 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 happen that the aforesaid I. shall die without Heir of his body begotten, then after the decease of him the said I. the aforesaid Manor with the appurtenances, shall wholly remain to E. Brother of the same I. and to 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 happen, that the aforesaid E. shall die without Heir of his body begotten, then after the decease of him the said E. the aforesaid Manor with the appurtenances, shall wholly revert unto the aforesaid S. and his 
Reverter.  Heirs, quite from other Heirs of them the said G. I. W. I. and E. to hold of the chief Lords of that Fee, by the services which unto that Manor do belong, for ever.   

A Mittimus.  
OLiver, etc. To the Justices of the Bench greeing; We send to you under the foot of our Seal, etc. or thus, The transcript of the foot, or thus, The tenor of the foot of a certain fine levied in the Court of, etc. Anno, etc. before W. and his Associates then Justices of, etc. of the Bench at Westminster by our Writ, between I. plaintiff, and W. deforcient de tanto, etc. whom before us in our Chancery, we have caused to come to you, we send under the foot of our Seal, that in the plaint which is before you by our Writ, between I. son of I. demandant and E. tenant, of the same Message, etc. you may be able the more securely to proceed, etc. T. etc.   

A Mittimus for the foot of a Fine.  
THe Protector to his Bailiffs of S. greeting; Because in the levying of divers fines before I. S. and W. W. late Bailiffs of the Town of S. between W. R. and M. his wise plaintiffs and W. T. deforcient of eight Messages, etc. and of ten shillings of rent with the appurtenances in S. in the year, etc. according to the liberties to Burgesses of the Town aforesaid by the Charters of former Kings of England our predecessors, granted to be levied, manifest error did intervene, as by the inspection of the tenours of the fines aforesaid, and also of the record and process of the levying thereof, which before us afterward at the suit of W. M. and 
Error high the Heir upon a fine.  H. W. of S: Cousins and Heirs of the aforesaid M. we caused to come, to us appeareth. And we in our Court before us, for the errors found in the levying of the fines aforesaid, and in the record, and process of the same, we have considered, that the feet of the fines aforesaid from files of the fines aforesaid be drawn of and canceled; And therefore we command you, that the feet of the fines aforesaid, which are in your custody, you send before us (tali die) wheresoever we shall then ●e, etc. canceled, according to our consideration abovesaid. And have ye there this Writ. T. etc.   

Whether any but he which reserveth a fine, may reap benefit thereby.  
IF the estate contained in a fine, be once within 15. years after Proclamations lawfully defeated: That party hath there by lost his whole estate both against him, which did revers the same, and all others which had right, or title paramount, and made no claim within five years: Albeit he which brought his Action have not Judgement and execution within seven years after the Proclamations, Blow. f. 358. b.  
In like manner, if there be tenant for life, the remainder for life, the remainder in Fee, and the first tenant for life alien, and the alience levy a fine with Proclamations, and the second tenant for life enter, or claim (as he may) he defeateth the fine against himself, and him in the remainder also, Blow. fo. 359. a. 7 Eliz.   

Warrantia Chartae.  
A Writ of Warrantia Chartae, lieth where a man by deed of grant, Feoffment, release, or confirmation, or fine, or by exchange, bindeth himself and his Heirs to warrant the Land to another, who being tenant of the Land is impleaded for the Land, or rend out of the same, in an Assize, or in a Scire facias upon a fine, or in any other Action real, wherein the tenant may not vouch, he may sue a Warrantia Chartae against him and his Heirs, which made warranty. And for a tenant by homage ancestral, or any paiticular tenant upon reservation of rent, or for egalty of services upon partition, Fitz. Nat. fol. 134. d. f. g. h. Fitz. Nat. 135. c. 31 E. 3. 8 E. 4. 11.   

The Writ of Warra. Chartae.  
THe Protector, etc. That justly, etc. he warrant to D. one Message with the appurtenances in R. which he holdeth, and of him claimeth to hold, and whereof he hath his Charter as he saith. And if, etc. or thus. The Manor of N. with the appurtenances, and the advowson of the same Town which he holdeth, etc. usque ihi, whereof he hath his Charter, or the Charter of R. Father, or Mother, or other ancestor of the aforesaid H. whose Heir he is, as he saith. And unless, etc.  
Of him, that or the same A. warrant to the aforesaid D. the Manors of N. and R. and the hundreds of F. and G. with the appurtenances, and the advowson of the Church of N. and therefore we command you, etc.  
But if a man infeoff another with warranty by deed, and the Feoffee infeoff another, and take estate from him in Fee, the first warranty is determined, because he is now in, of a new estate, Fitz. Nat. foe 135. a.  
So if A. disseise B. and enfeoff C. with warranty, who infeoffeth D. with warranty, upon whom an estranger entereth, in whose possession B. the disseisor releaseth his right, now all former warranties are extinct. And albeit D. is impleaded, yet shall he not have warrantia Chartae, because he is in of another estate by wrong, Fitz. Nat. 135. g. 11 H. 6. 41. 22 H. 6. 22.  

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

Villeinage.  Warrantia Chartae lieth against a villain, 48 E. 3. 17.  
The Writ of Warrantia Chartae, must be sued hanging the principal Plea, and before Judgement: as of Assize, or Entry in the nature of assize, 48 E. 3. 2●. Registr. orig. fo. 158. a. for than if the warranter do die, yet the Writ shall not abate, but his Heir shall be resummoned, to answer upon the same, yet may a warrantia Chartae be sued before he be impleaded, quia timet implacitari, and the plaintiff shall recover in value pro loco & tempore, of such Lands as the defendant had at the purchasing of the Writ, Fitz. Na. f. 134. E. 12 H. 4. 12. 21 H. 6. 41. 22 H. 6. 22. 24 E 3. 35. But he must not have execution, but if afterwards he be put out by Judgement, he shall have his warranty upon his first recovery, 21 H. 6. 41. 21 H. 6. 22. 12 H. 4. 12.  

Non tenure:  In warrantia Charitae, it is a good Plea for the defendant, that hanging the Plea, the demandant in the principal Plea hath entered upon the plaintiff, being then tenant of the Land, or that the plaintiff in this action, had nothing in the Land the day of the first Writ purchased, nor at any time after, 21 H. 6. 49. 3 E. 3. 4. 5 E. 3. 5.  

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

Tenant in Common.  Tenants in Common may join in Warrantia Chartae, 28 E. 3. 90.   

Count by Baron & Feme upon a fine with warranty.  
I. H. Son and Heir of Isabel, which was the wife of R. was summoned to answer I. T. and I. his wife of a Plea, that they warrant to them one Message, with the appurtenances in S. which of him he holdeth, and of him claimeth to hold, and whereof the Charter of Isabel Mother of the aforesaid I. H. whose Heir he is, he hath, etc. and whereof, etc. he saith, that a certain fine he levied in the Court of the Lord Protector now in 8. days of Saint Hillary in the year, etc. before T. B. and his Associates then Justices of, etc. of the Bench, between them the said I. T. and I. plaintiffs, and R. of B. and the aforesaid Isabella then his wife deforcients, of the Message aforesaid with the appurtenances, among other Lands and tenements by 
Inter alia per nomen.  the name of, etc. with the appurtenances in S. in the County aforesaid, by which fine the aforesaid R. and I. have granted for themselves, and the Heirs of him the said I. that 4. Acres of land, 
A fine of the reversion.  with the appurtenances of the aforesaid tenement, which G. and M. his wife held for term of the life of her the said M. of the inheritance of the aforesaid Isabel in S. aforesaid, the day that this Concord was made, and which after the decease of her the said M. unto the aforesa. R. and I. and the Heirs of her the said Isabella ought to have reverted, after the decease of her the said M. wholly should remain to the aforei. and I. and his Heirs aforesaid, to hold together with the aforesaid tenement, which to them by that fine remained, of the aforesaid R. and Isab. and the Heirs of her the said I. by the aforesaid services, as aforesaid for ever. And 
Tail.  the same R. and Isab: likewise have granted for themselves, and the Heirs of her the said I. that they would warrant to the aforesaid I. and I. and their Heirs the aforesaid tenements with the appurtenances, as aforesaid, against all men for ever. And if it should happen, that the same I. and I. should die without Heirs of their bodies issuing, then after the decase of them the said I. and I. the aforesaid tenements with the appurtenances, as aforesaid, should wholly revert unto the aforesaid R. and I. and the Heirs of her the said I. quite from other Heirs of the aforesaid I. and I. to hold of the chief Lords of that Fee, by the services which unto the aforesaid tenement do belong for ever, and the aforesaid R. and I. afterwards died, whereby unto them the said I. T. and I. belonged to have of the aforesaid I. H. as son and heir of him the said I. his warranty aforesaid, And one I. R. arraigned a certain assize of novel disseisin, before T. W. and I. Justices of the Lord Protector now, at the Assizes in the County aforesaid assigned to be taken, against them the said I. T. and I. of the aforesaid tenementses and the same I. T. & I. have often required him the said I. H. as son and Heir of her the said Isab. to warrant to the same I. T. and I. the aforesaid tenements, and the same I. H. those tenements so to warrant hath denied. and as yet doth deny, whereupon they say, that they are the worse, and have damage unto the value of 100 l. And thereupon they bring suit, etc.  

A Count upon a deed with warranty.  I. T. was summoned to answer H. W. of a Plea, that he render to him, one Message, etc. with the appurtenances in B. which of him he holdeth, and of him doth claim to hold, and whereof he hath his Charter, and whereupon, etc. he saith, that whereas the aforesaid 1 was seized of the tenements aforesaid, with the appurtenances in his demeasne as of Fee, and so thereof being seized, by his certain Charter, which the same H. here in the Court bringeth forth, the date whereof at B. (tali die Anno. etc. did give, grant, and confirm, to the same H. the Tenements aforesaid with the appurtenances 
Inter alia per nomen.  amongst other Lands, etc. by the name (as in the Deed, etc.) to have to the same H. His Heirs and assigns for ever, and did bind himself, and his Heirs, to warrant to the same H. his Heirs and Assigns, the tenements aforesaid, with the appurtenances against all men for ever: And the same H. by virtue of that gift, o● the tenements aforesaid was seized in his demeasne as of Fee, and one T. arraigned against him the said H. an assize of novel disseisin of the aforesaid Message and Lands with the appurtenances before I. M. and I. etc. Justices of the Lord Protector assigned to take the Assizes in the County aforesaid, whereby the same H. (that Assizes depending) often did require the aforesaid I. that he, the aforesaid Message, etc. with the appurtenances to the same H. would warrant, and the same I. that Message, etc. to the same H. hitherto to warrant hath denied, and yet doth deny, whereupon he saith, etc. and thereupon produceth his suit, etc.  

Confession.  And the aforesaid I. T. in his proper person cometh and defendeth the aforesaid wrong, etc. and saith that he cannot deny, but that the Charter aforesaid is the deed of him the said I. nor but that he gave by that Charter to the aforesaid H. the tenements aforesaid with the appurtenances, nor but that he was held to warrant those tenements to the same H. in form as the same H. above against him hath declared. Therefore 
Judgement.  it is considered, that the aforesaid I. should warrant to the aforesaid H. the Message aforesaid and Lands with the appurtenances, for place and time, etc. therefore the same I. is in mercy, etc.  
E. W. Gentleman was summoned to answer I. B. Gent. and E. B. his Son of a Plea, that he warrant to them six Messages, three Gardens, etc. three Orchards with the appurtenances in the City of B. which they hold of him, and of him claim to hold, and whereof they have his Charter, etc. And whereupon the same I. and E. by H. C. their Attorney say, that whereas the aforesaid F. was lately seized of the tenements aforesaid with the appurtenances in his demeasne as of Fee, And so thereof being seized, a certain fine he levied in the Court of the Lord Protector now, here to wit, at Westminster, in eight days of Saint Michael in the year, etc. before I. D. H. B. A. B. and R. W. Justices, etc. And afterwards from the day of Easter in fifteen days in the year, etc. there granted, and recorded, before the same Justices, and other of the said Lord Protectors faithful then there present, between the aforesaid I. and E. plaintiffs, and the aforesaid F. deforcient of the tenements aforesaid with the appurtenances, whereof Plea of Covenant was summoned between them in the same Court, to wit, that the aforesaid F. did recognize the tenements aforesaid with the appurtenances, to be the right of him the said E. as those which the same E. and I. than had of the gift of the aforesaid F. and those he did remise, and quite claim from himself, and his Heirs to the aforesaid I. and E. and the Heirs of him the said E. for ever. And furthermore the same F. granted for himself and his Heirs; that he would warrant to the aforesaid I. and E. and the Heirs of him the said E. the aforesaid tenements with the appurtenances, against all men for ever: which said Fine in form aforesaid levied, was had and levied to the use and behoof of the same I. and E. and the Heirs of the same E. for ever, under pretext whereof the same I. and E. were seized of the same Tenements with the appurtenances, scarcely the same E. in his demesne as of Fee, and the aforesaid I. in his demesne as of freehold. And so thereof being seized one H. O. before the Mayor, and Sheriff of the Town aforesaid, on Wednesday (to wit) the 28. day of April in the year, etc. at Guildhall of the City aforesaid, arraigned a certain assize of fresh force, according to the custom of that City, in the nature of an Assize of novel disseisin at the Common Law, against the same I. B. and E. of the Tenements aforesaid with the appurtenances, whereby the same I. and E. hanging that Assize often required the aforesaid F. that he, the Tenements aforesaid with the appurtenances, to the same I. B. and E. and the Heirs of the same E. for ever would warrant. And the same F. those Tenements with the appurtenances, to the same I. and E. hitherto in form aforesaid to warrant hath denied, whereupon they say, that they are the worse, and have damage to the value of two hundred pounds, and thereupon they produce their suit, etc.  
And the aforesaid F. in his proper person cometh and defendeth the force and injury, when &c. and saith, that he cannot deny the action aforesaid of I. and E. aforesaid, nor but that the Fine aforesaid, in form aforesaid, was levied, nor but that he by that fine was held to warrant the Tenements aforesaid with the appurtenances to the aforesaid I. and E. and the Heirs of her the said E. for ever in form as the same I. and E. above against him have declared, Therefore it is considered, that the aforesaid F. do warrant to the aforesaid I. and E. and the Heirs of her the said E. for ever, the Tenements aforesaid with the appurtenances, for place and time, etc. And nothing of mercy to the aforesaid F. because he came the first day by his, etc.  
W. C. Esquire was summoned to answer, E. B. Gent: of a Plea that he warrant to him 54. Acres of Land, 40. Acres of pasture, and 6. Acres of wood with the appurtenances in E. which he holdeth, and of him claimeth to hold, and whereof he hath his Charter, etc. And whereupon the same F. in his proper person saith, that whereas he was seized of the aforesaid Tenements with the appurtenances in his demesne as of Fee (and so thereof being seized the aforesaid W. by the name of W. C. of I. in the County of N. otherwise called W. C. of W. in the County of Suffolk Esquire, the tenth day of. I in the year, etc. by his certain writing, which the same E. with the Seal of the aforesaid W. Signed here in Court bringeth forth, the date whereof is the same day and year, reciting by the same writing, that whereas the same W. C. by the name of W. C of I. in the County of N. otherwise called W. C. of W. in the County of S. Esquire, together with his Brother C. C. of Lincoln's Inn, in the County of Middlesex Gent. by a certain Indenture, between the aforesaid W. and C. of the one part, and E. B. of Lincoln's Inn aforesaid Gent. of the other party, bearing date the tenth day of F. in the year, etc. bargained, and sold to the aforesaid E. all his estate and interest, of and in those parcels of Land, containing by estimation seven Acres, whether it be more, or less there accounted, lying and being in the Parish of E. in the County of R. now or late in the tenure, or occupation of one W. S. or his assigns, of which said parcels, one parcel called little S. otherwise called Q and containing by estimation six Acres, whether it be esteemed more or less, to have and to hold all the aforesaid Lands, and all other the premises, with all and singular their appurtenances to the aforesaid E. B. his Heirs and Assigns, to the sole and proper use and behoof of him the said E. B. his Heirs and Assigns 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 Lincoln's Inn 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 Lincoln's Inn in the County of M. Gent. of the other part made, bearing date the 19 day of October, in the year, etc. 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 several 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 parcel 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 Assigns to the sole and proper use and behoof of him the said E. B. his Heirs and Assigns for ever. And whereas also the same W. together with the aforesaid C. his Brother afterwards (to wit,) in the Court of, etc. here at Westminster in eight days of Saint Michael in the year, etc. 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 than 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 Assigns, to the sole and proper use and behoof of him the said E. his Heirs and assigns 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 assigns for ever, all the aforesaid lands, woods, and woodlands, & all other the premises 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 seized, 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 denied, 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 suit, etc.  
And the aforesaid W. C. by T. B. his Attorney cometh, and descendeth the force and injury when, etc. 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, etc. And nothing of mercy of him the said W. because he came the first day by summoners, etc. Hil. 13. Ro. etc. 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 Messages 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, etc. And whereupon the same W. by W. C. his Attorney saith, that the aforesaid E. was lately seized of the tenements aforesaid, with the appurtenances in his demesne as of Fee, and so thereof being seized, the same F. the 19 day of S. in the year, etc. 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 seized of the tenements aforesaid with the appurtenances, in his demesne as of Fee, and so thereof being seized, one D. D. arraigned against him the said W. an Assize 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 Sergeants 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, etc. whereby the same W. R. hanging that assize 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 denied, 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 suit, etc.   

OF RECOVERIES FOR Assurances, etc.  
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 levied. The end and effect of such recoveries, is to discontinue, and destroy estates tails, 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 Attorney be acknowledged and certified, as fines knowledged in the Country, saving that the recognizance of warrants of Attorney, may be taken by any Justice or Sergeant 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 Attorney 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 always 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 foe 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. Basset's 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 Courtesy, then to have a good recovery thereof, it is meet that such tenant make a conditional 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 suit of the demandant against the Tenant, and another at the suit 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 triple voucher are included, 4. recoveries, whereof three are such as were last mentioned, 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 triple 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, etc. so recovered according to the mutual 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 encumbrances 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 encumbrances derived out of any such reversion, or remainder, and that will be also a perpetual bar of such estate, whereof the tenant was then seized of in reversion, or remainder, expectant, or dependant upon the same; etc.  
The scope of a common recovery with a triple voucher, is to make a perpetual bar of the estates of the tenant, and of every such estate of inheritance, as at any time had been in the first or second vouchee, or any of them, or either of their ancestors, whose Heirs he or they are, of such estate, and as well of every reversion thereon dependant, as also of all Leases, Estates, Charges, and Encumbrances, derived out of any such reversion, or remainder.   

Of What things Writs of Entry may be brought, and by what means.  
PRecipe quod reddat lieth of one Acre of Land covered with water, or of an Acre of Land, 12 H. 7. f. 4. of a water pit, 10 Ed. 3. and 14. E. 3. 482. Fitz. Nat. br. fô. 191. H. and of a passage beyond the water, Fitz. Na. br. fo. 191. I. of a Bailywick, 34 E. 3. 423. of an office, 27 H. 8. f. 12. of the Advowson of a Church, or of the fourth part of Tithes, 34 E. 3. of a Portion of Tithes, Dyer foe 84. pl. 83. of a certain parcel of Land, Dyer fo. 84. pl. 83. of the wardship of Land, and of an Heir, or of the wardship of Land, Register 161. 22 E. 3. fo. 19  
Precipe quod reddat lieth of all manner of Ecclesiastical, or spiritual profits: as of a Rectory Vicarage, Portions, Pensions, Tithes, etc. by the Statute of 32 H. 8. cap. 7. of all and all manner of Tithes, greater, mixed, and lesser within the Town & Hamlet of B. in the County of A. by whatsoever mean growing happening and yearly renewing, etc. Thel. li. 8. ca 9 8. 2. of the fourth part of disines, and offerings of the Church of S. P. etc. 16 E. 3. In old time de hida terrae per Glanvile, de carucatu terrae 4 E. 3. 161. de bovat. terrae, 6 E. 3. 291. of 6. foot of Land in length, and four foot in breadth, 14. Ass. 13.  
A Precipe quod reddat lieth of a Toft, and of the scite of a Mill, 14 E. 3: of the Hundred of C. and of the Bailywick of B. 34 E. 1. 3 E. 3. of pasture for 6. oxen 3 E. 3. fo. 23. 4 E. 2. of a Rod of Land, 3 E. 5. of an Advowson, 34 E. 1. of a certain portion of Land, 11 H. 4. fo. 40. 5 H. 7. fo. 9 of the moiety of one Rod of Land, 41 E. 3. of a Shop. Registr. fo. 2. a. of 4. Acres of Heath, 11 Ass. 13, of turbary by the name of More 8 E. 3. fo. 387. and it lieth in a Town, and not in a Hamlet, 8 E. 3. fo. 55. 7 E. 3. 3. 6.   

Of what things a Writ of Entry lieth not.  
A Praecipe quod reddat lieth not of a ditch, nor of a Pool, nor of a Fishpond, 8 E. 3. 381. nor of the Advowson of the Tithes of one wayn-land. Registr. fo. 29. nor of Common of pasture, 27 H. 8. fo. 12. of estovers, 2 E. 3. of Homage and Fealty, nor of services to be done, 6 E. 2.  
A Praecipe quod reddat lieth not the Boveat Marisci, 13 E. 3. fo. 3. of a ridge of Land. E. 1. for the incertainty, because a fellow, or a ridge, which is a Land, sometime containeth an Acre, sometime half an Acre, sometime more, and sometimes less, It lieth not of a Garden, Cottage, or Croft, 14 Ass. 13. 8 H. 6. 3. 22 E. 4. 13. of a Rod of Land, 41. 43. 13 E. 3. of a Quarry, of a Mine, of a Market, 13 E. 3. for they lie not in demesne, but in gain, nor of an upper Chamber, 3 H. 6. fo: 1.  
A Writ of Entry ought not to contain one self thing twice, as a Message, and a house parcel of the same Message, 3 E. 4. fo. 28. 46 E. 3. 26. Nor to name a Town and a Hamlet, within the same Town, 22 E. 3. fo. 14. 41 E. 3. fo. 22.  
In every warrant of Attorney, it is good to put two Attorneys at the least for fear of death.  
In a County Palatine, as Lancaster, Duresme, Chester, etc. may be put in a warrant, one Attorney, and one of the Justice's Clerks.  
If the Writ of Entry be returnable Crastino Martini, the Writ of Summons ad war. thereupon must bear teste from that return of Crastino Martini, and be returnable, 9 returns, after the return of the Writ of entre inclusive, that is, accounting Crastino Mar. for one of the 9 returns, & tres Paschae, which is the 9 return after Crasti. Martini for another, And the Teste of the Writ of seisin must be the day of that ninth return, and be returnable 15. days after. Then the Writ of seisin may be retutned that seisin was delivered by virtue thereof to the demandant, by the Sheriff of the County, where the Lands lie, upon any day (not being Sunday) between the Teste and return of the said Writ of seisin. Then the Writs of Entre, Summons, and Seisin, must be returned and field, with the Custos brevium, and the Judgement entered by the Prothonatory, and the warrants of Attorney by the Clerk of the warrants.  
If a single Recovery, and a Fine be against the tenant, the Writ of Entry must bear date, and teste before the Writ of Covenant, and be returned before.  
If a Writ of Covenant be brought against the tenant, and a Writ of Entre against the demandant; then the Writ of Covenant must bear date, and be returned before the Writ of Entre, and this is called a double voucher.   

A Certiorari to the Executor of the Justice before whom the warrrants were acknowledged.  
OLiver, etc. to his beloved I R. executor of the testament of Fr. R. lately one of our Justices of the Bench, greeting; We being willing for certain causes to be certified, as well upon a certain warrant of Attorney, by which H. S. did put in his stead, W. B. and R. C. jointly and severally against R. P. otherwise W. and R. H. of a Plea of Land, in the County of E. as upon one other warrant of Attorney, whereby H. L. and I. L. whom the aforesaid H. S. called to warranty, did put in their places A. B. and F. R. jointly and severally against the aforesaid R. and R. H. of a plea of Land in the said County of E. by the aforesaid F. R. lately taken and in your Custody being by reason of the execution of the testament aforesaid as it is said. We command you, that the warrants aforesaid to our Justices of the Bench at Westminster under your Seal distinctly and openly without delay you send, and this Writ; that the same Justices looking into the warrants aforesaid further in our Writ of Entre hanging before our aforesaid Justices at Westminster, between the aforesaid R. and R. H. and the aforesaid H. and S. of one Message, etc. with the appurtenances in T. and D. in the County aforesaid, and process thereof may cause to be done that which of right, and according to the Custom of our Commonwealth of England ought to be done, witness myself at Westminster the day of 〈…〉 in the year, etc.   

It is returned thus.  
THe answer of the within named I. R. unto this Writ.  
The execution of this Writ appeareth in a certain Schedule to this Writ annexed.  

York ss.  Command H. S. that justly, etc. he render to R. P, otherwise W. C. and R. H. one Message, etc. with the appurtenances in T. and D. which he claimeth, &c:  

York ss.  H. S. putteth in his place W. B. and R. C. jointly and severally against R. P. otherwise W. and R. H. of a Plea of Land.  
Taken and knowledged at W. in the County of Y. the 18. day of Feb. in the year, etc.  
I. R.   

A Recovery with single voucher.  

York. ss.  COmmand G. C. Esquire, that justly, etc. he render to R. C. and R. I. one Message, and four Acres of Land, with the appurtenances in T. which he claimeth, etc. and into which, etc. And unless, etc.  
G. C. puts in his place N. M. and M. M. his Attorneys jointly and severally against R. C. and R. I. of a Plea of Land.   

A Recovery with double voucher.  

Derb. ss.  COmmand N. L. & M. his wife that justly, etc. they render to T. S. and T. C. the Manors of N. M. and P. with the appurtenances, and 30. Messages, 30. Tofts, 5. Mills, 30. Gardens, 30. Orchards, 100 Acres of Land, 1000 Acres of Meadow, 500 Acres of pasture, 40. Acres of Wood, 1000 Acres of Moor, 200. Acres of Ling and Heath, and 3. pounds rend with the appurtenances in N. M. P. P. and B. which they claim to be their inheritance, and into which the same N. and M. H. have not entre, but after the disseisin, which H. H. thereof unjustly and without judgement hath made to the aforesaid T. and T. within 30. years now last passed, etc. as it is said, whereupon they complain, etc. And unless etc.  
Derb. ss. N. L. and M. his wife do put in their place T. B. and W. B. their Attorneys jointly and severally against T. S. and T. C. of a Plea of Land to gain, or loss. W. B. and T. F. whom N. L. and M. 
Derb. ss.  his wife do call to warranty do put in their place, P. P. and Q. Q their Attorneys jointly and severally against T. S. and T. C. of a Pea of Land to gain and lose.   

A Recovery with a triple voucher.  

Essex ss.  COmmand R. B. and C. S. that justly, &c▪ they render to A: T. Esquire, the Manors of B. and Q. with the appurtenances, and 20. Messages, 12. Tofts, 4. Dove-houses, 30. Gardens, 1000 Acres of Land, 100 Acres of Meadow, 100 Acres of pasture, 200. Acres of Ling, and Heath, 100 Acres of Moor, and 30. shillings, & one half penny rend, and the rent of one pound and a half of Pepper, and of one Corn of Pepper, with the appurtenances in B. and Q. And free fishing in the water of W. and also the Advowson of the Church of B. which they claim, etc.  
Essex ss. R. B. and C. S. do put in their place W. W. and R. R. their Attorneys jointly against A. T. of a Plea of Land.  
Essex ss. M. M. Gent. whom R. B. and C. S. call to warranty, do put in their place I. I. and L. L. their Attorneys jointly and severally against A. T. of a Plea of Land.  
Essex ss. G. W. Gent. whom M. M. doth call thereof to warranty doth put in his place R. G. and R. S. their Attorneys jointly and severally against A. T. of a Plea of Land.   

A Recovery of an Advowson in the County Palatine of Chester.  
PLeas of Chester, before R. T. Knight, Justice of etc. at Chester of the Session, holden there Wednesday the last day of Sept. in the year, etc.  
Chester ss. H. S. Esquire by T. B. his Attorney demandeth against H. D. Esqu. the Advowson of the Church of T. which to him he hath unjustly deforced, etc. And whereupon he saith that himself was seized of the Advowson of the Church aforesaid as of Fee and right within thirty years now last passed, in the time of peace in the time of the Sovereign Lord Charles late King of England, and so thereof being seized the same time unto the same Church presented one R. A. his Clerk, who unto that presentation, was admitted, instituted, and inducted in the same; by taking thereof exlec, as in greater Tithes, lesser Tithes, oblations, and obventions to the value, etc. as of the right of his Church aforesaid, etc. And that such is his right; he offers, etc.   

All the parts of a recovery in a writ of right de praecipe in capite. Exemplified.  
OLiver, etc. To all unto whom these present Letters Patents shall come, Know ye that I. Earl of S. in our Court before our Justices at Westminster, by our Writ of right of a praecipe in capite hath demanded against T. B. the elder and I. his wife the Manor of C. with the appurtenances, and one Message, 50: Acres of Land, 50. Acres of Meadow, etc. with the appurtenances in C. B. H. near T. as his right, and inheritance; which said Writ together with the return of the same, and the plea upon the same Writ, with all other things touching that Plea, followeth in these words.   


The Writ.  OLiver, etc. To the Sheriff of Heref. greeting; Command T. B. the Elder, and I. his wife that justly, and without delay, they render to I. Earl of S. the Manor of C. with the appurtenances, and one Message, etc. with the appurtenances in C. B. and H. near T. which he claimeth to be his right and inheritance, and to hold of us in Capite. And whereupon he complaineth, that the aforesaid T. and I. him unjustly do deforce, unless they shall do it, and the aforesaid Earl shall make you secure, for prosecuting his plaint, then summon by good summoners, the aforesaid T: and I. that they may be before our Justices at Westminster, from the day of Easter, in fifteen days to show wherefore they did it not: And have you there the summoners, and this Writ; witness myself at Westminster, the second day of April in the year, etc. Pledges of prosecuting R. D. and I. R. The Answer of I. S. Knight Sheriff: Summoners, of the within written T. B. and I. his 
Return thereof.  wife. H. F. and R. L.  
Pleas at Westminster before I. P. and his Associates Justices of the Lord Protector, of the Bench of the Term of Easter, in the year of our Lord, 1654. Rotulo. CCLXIII.  

The demandant.  Heref. ss. John Earl of S. by I. S. his Attorney demandeth against T. B. the Elder, and I. his wife, the Manor of C. with the appurtenances, and one Message, etc. with the appurtenances in C. B. and H. near T. by a Writ of the Lord Protector of Praecipe in Capite, etc. And whereupon 
The Count  he saith, that himself was seized of the Manor, Message, Lands, etc. with the appurtenances in his demeasne as of Fee, and right in the time of peace in the time of the Protector by taking thereof expletion to the value, etc. & that such is his right he offers, etc.  

The defendant.  And the aforesaid T. and I. by W. B. their Attorney came, and do defend the right of the aforesaid Earl and their seisin, and chief of the Manor, Message, etc. to him do warrant, etc. And hereupon the aforesaid Earl demandeth 
The demandant.  against him the said W. P. the Manor, Message, etc. with the appurtenances in form aforesaid, etc. And whereupon he saith, that he himself was seized of the aforesa. Manor, Message, etc. with their appurtenances in his demeasne, as of Fee and right In the time of peace, in the time of the Lord Protector, now by taking thereof expletion to the value, etc. And that such is his right he offers, etc.  
And the aforesaid W. P. tenant, by his warranty 
The defence.  defendeth the right of the aforesaid Earl and his seisin, and chief of the Manor, Message, Lands, etc. with the appurtenances, and all, etc. And he puts himself thereof, on the 
Issue to be tried by the grand Assize.  Grand Assize of the Lord Protector, and demandeth a recognizance to be made, whether he hath more right to hold the Manor, Message, Lands, etc. with the appurtenances, as tenant by his warranty as he holdeth them, or the aforesaid Earl to have the Manor, Message, Lands, etc. with the appurtenances, as he above demandeth them, etc. And the aforesaid Earl 
Imprlance.  prayeth licence of imparling, etc. And he had it, etc.  

Default & Judgement.  And afterwards the same Earl by his Attorney aforesaid, came again here in Court, and the aforesaid W. P. although was solemnly called came not again, but in contempt of the Court made default. Therefore it is considered, that the aforesaid Earl do recover his seisin against the aforesaid T. and I. of the aforesaid Manor, Message, etc. with the appurtenances, to hold to the same Earl, and his Heirs quite of the aforesaid T. and I. and his Heirs for ever.  
And the aforesaid T. and I. may have of the Lands of the aforesaid W. P. to the value of the Manor, Message, Lands, etc. aforesaid with the appurtenances. And the aforesaid W. P. in mercy, etc.   

The warrant of Attorney thereof followeth in these words.  
HEref. ss. John Earl of Shrewsbury puts in his place I. S. against T. B. the Elder and I. his wife of a Plea of Land.  
Heref. ss. T. B. the Elder, and I. his wife, puts in their place W. B. against John Earl of Shrewsbury, of a Plea of Land.  
All and singular which things at the request of the aforesaid Earl, we have caused to be exemplified, and our great Seal, which we use for such exemplifications, and also for all manner of Judicial Writs out of the Bench aforesaid issuing forth, to be sealed, we have caused to be put to these presents. Witness O. Saint John at Westm. the 28. day of May, in the year, etc.   

A remission to the Court, in a Writ of right.  
TO the Lord Protector, etc. for that A. in our Court before your Justices of the Bench by your Writ of right, D. E. of one Message, with the appurtenances in S. which of me is holden by my licence mediating doth purpose to implead, to your Highness by the tenor of these presents, I signify that I have remitted my Court to you thereof in this behalf. Saving to me otherwise the right of the Lord in the like case, when it shall happen. In testimony of which thing these my Letters Patent, I have caused to be made; Sealed with my Seal, dated the third day of May, in the year, etc.   

The Exemplification of a Recovery enrolled.  

OLiver L. Protector of the Commonwealth of Eng. Ireland & Scotl. and the dominions thereunto belonging, etc. To all to whom these our present Letters shall come greeting;  
Know ye that among the inrolments of Writs, and other things depending for common Recoveries, according to the form of the Statute of the term of Easter at Westminster, in the year etc. in Roll the first, it is thus contained.  

The Doctor which took the affidavit for the value.  Essex ss. Oliver, etc. to the Sheriff of Essex greeting; Command I. W. & I. S. that justly, and without delay they render to Jo. St. and R. P. four Messages, 4. Gardens, 200. Acres of Land, 100 Acres of Meadow, 300. Acres of pasture, 40. Acres of Wood, and 300. Acres of Ling and Heath with the appurtenances, in B. T. T. C. D. and H. which they claim to be their right and inheritance. And into which the same I. W. & I. S. have no entry, but after the disseisin, which, H. H. thereof unjustly & without Judgement hath made to the afores. I. S. & T. within 30 years now last elapsed as they say. And whereupon they complain that the aforesaid I. W. and I. S. them do deforce. And unless they shall do it, and the aforesaid I. S. and T. H. shall make you secure for prosecuting his plaint, then summon by good summoners the aforesaid I. W. and I. S. that they be before our Justices at Westm. from the day of Saint Michael in 15. days, to show, wherefore they will not do it. And have you there the summoners, and this Writ,  
witness myself at Westminster the 24. day of Septtember, 
Summoners. The Sheriff's name.  in the year, etc. Gibon. 


Pledges.  Pledges of prosecuting  
John Do,  
Richard Roose.   

Summoners,  
John Den,  
Kich. Fen.   G. T. Esq. Sheriff ss.    

Oliver L. Protector, etc. to the Sheriff of Essex greeting;  
sum. by good summoners E. W. Esq. & his wife, that they be before our Justices at West. from the day of S. Hillary in 15. days to warrant to Joh. W. and I. S. four Messages, 4. Gardens, 300. Acres of Land, 100 Acres of Meadow, 300. Acres of pasture, 40. Acres of Wood, and 300. Acres of Ling and Heath, with the appurtenances in B. T. T. C. D. and H. which John St. and Tho. P. in our Court before our Justices at Westm. do claim as their right, by our Writ of Entry upon disseisin in le post against them. And whereupon the same Joh. W. and I. S. in our said Court, have called the aforesaid Edm. and John summoners in your County, to warrant against them. And have you there the summoners, and this Writ T. I. D. at Westm. the 16. day of Octob. in the year, etc. * Lone. Summoners, John Den, Rhichard Fen. * T. L. Esq. Sheriff ss. 
The prothonatorie in whose office it is entered. Summoners The Sheriff. The warrant of Attorney.  * Joh. St. and Tho. do put in their stead E. E. against John W. and I. S. of a Plea of Land ss. john W. and I. do put in their place I. A. against john S. and Tho. P. of a Plea of Land ss. Edm. W. Esq. and Io. his wife, whom johan 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, etc. to all to whom, etc. greeting; Whereas our well-beloved, and faithful T. Duke of Norfolk, Earl Marshal of England, and Knight of the Noble Order of the Garter; and our beloved, and faithful W. C. Knight our chief Secretary K. Knight lately, to to wit in the term, etc. in the year, etc. have recovered against our well-beloved, and faithful 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 several 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, etc. of the other part bearing date the second day of October, in the year, etc. as by the same Indentures more fully it may appear, and whereas also the the same Duke W. R. etc. into the Manor, Lands, Tenements, and other the premises with the appurtenances, by virtue of the recovery aforesaid, have entered (our licence thereof first not obtained) And of the same premises, were seized in their demeasne as of Fee, to the uses, intents, and purposes in the aforesaid Indentures specified and declared, which said Manors, Messages, Lands, tenements, and other the premises of us are holden in Capite, as it is said, know ye that we of our special grace, and of our certain knowledge, and mere 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, etc. that they, the Manors, Messages, 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 Assigns 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, Bailiffs, or any other Officers, Ministers, or Subjects, or of our Heirs, or Successors whatsoever. In testimony whereof, etc.  
And it is to be noted, that of all licenses to alien temporal Land in Mortmain, the fine to the Protector formerly to the King is five years' value of the same.  
Of all licenses to alien spiritual Land (as appropriations of Churches, or other spiritual Benefices) 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 King's tenant in Capite, the Fine is one years' value thereof.  
Of all licenses of Marriage of the King's widow, the Fine is the third part of the value of her dower by a year.  
Of all pardons of the King's widows, married without licence, 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, etc. To all to whom these our present Letters shall come, greeting. Know ye that among the pleas of Land enrolled at Westminster before E. A. Knight and his associates our Justices of the Bench, in the term of St. Hillary, in the year, etc. 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, etc. And the aforesaid 
Vourcher.  J. by W. W. his Attorney 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 Attorney 
The demandant against the first Vouchee. The Count  comes, and gratis the aforesaid 12 acres of Meadow, with the appurt▪ to him doth warrant, etc. 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 etc. And whereupon they say, that themselves were seized of the aforesaid twelve acre's acres of Meadow, with the appurtenances in his Demean, as of fee and right in the time of peace, in the time of the now Protector, by taking thereof expletion to the value, etc. And into which, etc. And thereupon produceth 
Vouch ouster le defence.  suit, etc. And the aforesaid T. Tenant by his Warranty defendeth his right when, etc. 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, etc. 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, etc. And whereupon they say, that themselves were seized 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, etc. And into which, etc. And thereupon they produce suit, etc. And the aforesaid R. H. T●nant, by his warranty defendeth his right, when, etc. And saith that the aforesaid H. 
The Defence. Hath not disseised.  hath disseised the aforesaid F. and R. S. of the aforesaid 12 acres of Meadow, with the appurtenances as the same F. and R. by his Writ and Declaration aforesaid above do suppose: And of this he puts himself upon the Country, etc. And the aforesaid F. and R. S. pray licence thereof of imparling. And they have it, etc.  
And afterwards the same F. and R. came again here in Court in that same Term in their 
Default, Judgement.  proper persons. And the aforesaid R. H. although were solemnly called came not again, therefore it is considered that the aforesaid Fr. and R. S. do recover their seisin against the aforesaid I. of the aforesaid 12. acres of Meadow, with the appurtenances. And that the same J. have of the land of the aforesaid T. to the value, etc. And that the same T. further have of the land of the aforesaid R. H. to the 
Recovery in value.  value. etc. And the same R. be in mercy, etc. And hereupon the aforesaid F. and R. S. do pray the Writ of the Lord Protector to the 
Mercy.  Sheriff of the County aforesaid to be directed, of causing plenary seisin to have to them of the aforesaid 12 acres of Meadow, with the appurtenances. And to them it is granted retornable here from the day of Easter in 15 days etc. All and singular which things at the request of the aforesaid F. and R. S. 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 aforesaid appointed to be sealed to these presents we have caused to be put. Witness E. A. at Westminster the 12 day of Feb. 1654.  
When the Writ of seisin is returned, the return thereof must be entered upon the same Roll, whereupon the Judgement was entered.   

Another to the like effect.  
OLiver, etc. To all to whom these our present Letters shall come, greeting: Ye may know, that among the Pleas of Land enrolled at Westminster, before E. A. Knight, and his 
dd' verse. te●●.  Associates, our Justices of the Bench, to wit, in the Term of St. Michael, in the year, etc. in the second roll, it is contained thus.   


Nott. ss.  R. T. and R. B. in their proper persons demand against P. T. Gent. and W. H. Gent. the Manors of H. and M. with the appurtenances, and 20 Messages, 
The Count  10 Tofts, 1 Water-mill, 2 Dove-houses, 30 Gardens, 500 acres of Land, 200 acres of Meadow, 60 acres of pasture, 300 acres of Wood, 1000 acres of Ling and Heath, 50 Crofts of Moor, and 20 s. rent, with the appurtenances in H. M. D. etc. as their right and inheritance. And into which the same P. and W. have not entry but after the Disseisin, which H. H. thereof unjustly and without judgement hath made to the aforesaid R. and R. within 30 years, etc. And whereupon they say that themselves were seized of the 
Defence for the lands.  Manors, Tenements, and rend aforesaid, with the appurtenances in his demeasne as of Fee and right, in the time of peace, in the time of the now Lo●d Protector, by taking thereof expletion, to the value, etc. And into which, etc. And thereupon they produce suit, etc.  

Demandant against the Vouchee.  And the aforesaid P. and W. in their proper persons came, and do defend their right when, etc. And call thereof to warranty G. M. Gent. who is present here in Court in his proper person. And gratis, the Manors, Tenements, and rend aforesaid, with the appurnances, to them he warrants, etc.  

Count.  And hereupon the aforesaid R. and R. demand against him the said G. Tenant by his warranty, the Manors, Tenements, and rend aforesaid, with the appurtenances, in form aforesaid, etc. And whereupon they say that themselves were seized of the Manors, Tenements, and rend aforesaid, with the appurtenances in his 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, etc. And into which, etc. And thereof they produce suit, etc.  

Defence by the Vouchee.  And the aforesaid G. Tenant by his warranty defendeth his right, when, etc. And furthermore, calleth thereof to warranty D. H. who likewise is present here in Court in his proper person, and gratis the Manors, 
The Revoucher.  Tenements, and rend aforesaid, with the appurtenances to him, he warrants. etc.  

Demand against the 2 Vouchee.  And hereupon the aforesaid R. and R. demand against him the said D. being Tenant by his warranty, the Manors, Tenements, and Rend aforesaid, with the appurtenances, in form aforesaid, etc. And whereupon 
The Count against the 2 Vouchee.  they say that themselves were seized of the Manors, Tenements, and rend aforesaid, with the appurtenances, in his Demean as of Fee, and right in the time of peace, in the time of the now Protector, by taking thereof expletion, to the value, etc. And into which etc. And thereupon they produce suit, etc.  

Defence by the 2 Vouchees. Non disseisivit.  And the aforesaid D. Tenant, by his Declaration defendeth his right, etc. And saith that the aforesaid H. hath not disseised the aforesaid R. and R. by their Writ and Declaration aforesaid above do suppose. And of this put themselves upon the Country, etc. And the aforesaid R. and R. pray Licence 
Imparlance  thereof of imparling. And they have it, etc.  

The default.  And afterward the same R. and R. came again in the Court in this same Term in their proper persons. And the aforesaid D. although he was solemnly called, came not again, but in contempt of the Court departed, and made default: therefore it is considered, that the aforesaid R. and R. do recover their seisin 
Judgement thereupon.  against the aforesoid P. and W. of the Manors, Tenements, and rend aforesaid, with the appurtenances. And that the same P. and W. have of the Land of the aforesaid G. to the value, etc. And that the same G. further have of the Lands of the aforesaid D. to the value, &c▪ And the same G. be in mercy, etc. And hereupon the aforesaid R. and 
Recovery in value.  R. pray the Writ of the Lord Protector to the Sheriff of the County aforesaid, to be directed, 
Mercy.  of causing plenary seisin to have to them of the Manors, Tenements, and rend aforesaid, with the appurtenances. And to them it is ●anted returnable, here from the day of St. Martin in 15 days.  
At which day here came the aforesaid R. and R. in their proper persons. And the Sheriff, (to wit) I. B. Knight, now returneth, that he by virtue of that writ to him directed the 14th day of November last passed, caused plenary seisin, to have to the aforesaid R. and R. of the Manors, Tenements, and Rend aforesaid with the appurtenances, as by that writ to him it was commanded, etc. all and singular which things at the request of the aforesaid R. and R. 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 aforesaid, appointed to be Sealed, to these presents we have caused to be put. Witness, etc.   

A Dedimus Potestatem to take knowledge of a warrant of Attorney of the Vouchee.  
OL. Lord Protector to his beloved and faithful. Ra. Ro. Sergeant at law greeting, whereas our writ of entry upon Disseisin in le post dependeth before the Justices of the Bench, between W. S. and R. C. Gent. Demandants, and G. T. Knight, Lord T. Deforcient, of the Manor of W. with the appurtenances, and of one Message, 200 acres of Land, 60 acres of Meadow, 100 acres of Pasture, 100 acres of wood, 50 acres of Moor, and 5 s. Rent with the appurtenances in W. and L. in the County of Salop, and the aforesaid G. in our full Court, there before our Justice's aforesaid appearing, called W. C. to warrant to him the Manor aforesaid, with the appurtenances, whereupon then and there issued forth our Summons ad warrantizandum to the Sheriff of the County aforesaid directed, against the same W. C. returnable before our Justice's aforesaid in 15 days of St. Hillary next to come. And because the aforesaid W. C. is so impotent of himself, and worn with age that unto Westminster before our Justice's aforesaid, at the day in our said writ of Summons, ad warrantizandum contained, to travail is not sufficient, as we have been informed. We pitying the estate of the same W. in this behalf, have given you power and full authority to receive the Attorney or Attorneys which the same W. C. shall constitute or put in his place, before you to the warranty to be called to gain or lose in the Plea aforesaid before our Justice's aforesaid, and us thereof in our Chancery of the name of such Attorney or Attorneys to certify. And therefore we command, you that unto the aforasaid W. C. if he be not well able to travail to you, ye personally go, and his Attorney or Attorneys jointly or severally in form aforesaid ye receive, and when that Attorney, or those Attorneys ye shall so receive, us in our Chancery, in 15 days of Saint Hillary wheresoever then we shall be under your Seal, ye duly certify, sending back this writ to us, T. etc.  
It is returned thus.  
The answer of the within named R. R. unto this writ.  
The execution of this Writ appeareth in a certain Schedule to this Writ annexed R. R.   


Salop ss.  COmmand G. T. Knight, Lord T. that justly, etc. he render to W. S. and R. the Manor of W. with the appurtenances, and one Message, etc. (as above in the Dedimus potestatem verbatim) with the appurtenances in W. L. which he claimeth, etc.   


Salop ss.  BEing called to Warranty doth put in his stead A. B. and F. R. jointly and severally against W. S. and R. C. in a plea of land.  
Taken and knowledged at Firbeek in the County of Salop the tenth day of February, In the year of our Lord 16●4.   

A Dedimus potestatem of receiving an Attorney in a writ of Entry super disseisinin le post for the Tenant.  
THe P. to his beloved and faithful H. W. Knight, greeting. Whereas by our Writ of Entry upon Disseisin in the post; hanging before our Justices of our Common Bench, between H. D. and T. H. of 20 acres of land, 3 acres of Meadow, and 12 acres of Pasture, with the appurtenances in M. in the County of N. And because the same T. is so impotent, and worn out with age, that without very great danger of his body before our Justice's aforesaid, at the day in our said Writ contained, he is not well able to travel, as we have been informed, We godlily pitying the state of the same T. in this behalf, have given you full power and authority to receive the Attorney or Attorneys jointly and severally, which the same T. to gain or lose in the plea afotesaid, before our Justice's aforesaid in his stead before you, he shall will to constitute or put, and us thereof in our Chancery of the name of such Attorney or Attorneys duly to certify. And therefore we command you, that unto the aforesaid T. (if he be not well able travel unto you) you personally go, and his Attorney or Attorneys, jointly and severally in form aforesaid ye receive. And us in our Chancery of the name of such, Attorney or Attorneys of him the said T. in the Morrow of Saint J. next to come, wheresoever then we shall be, under your seal duly ye certify, returning to us this Writ. T. the 25 day of April in the year of, etc.  

It is returned thus.  
The answer of the within named H. W. unto this Writ; The execution of this Writ appeareth in a certain Schedule to this Writ annexed. H. W.  

Nott. ss.  COmmand T. H. that justly, etc. he render to H. D. 20 acres of land, etc. (as above in the Dedimus potestatem verbatim) with the appurtenances in M. which he claimeth, etc.  

Not. ss.  T. H. Puts in his place A. B. and F. R. jointly and severally against H. D. of a plea of land.  
Taken and knowledged at Firbeeke in the County of Nott. the 10th. day of February, in the year of our Lord 1654.    

Another Writ of Dedimus potestatem, to receive an Attorney for the Tenant upon the Writ of Entry.  
THe PROTECTOR to his beloved and faithful R. S. and W. B. greeting. Whereas our Writ of entry upon disseisin in le post, dependeth before our Justices of the Bench, between A. B. Knight Demandant, and C. D. Esq; Tenant of the 4th part of the Manor of F. with the appurtenances, and 800 acres of Land, 20 acres of Meadow, 220 acres of Pasture, 300 acres of Wood, and 40 l. rent, with the appurtenances, in F. aforesaid in the County of Essex; And because the same C. is so impotent of himself, and worn out with age, that without very great danger of his body unto Westminster at the day in the said Writ contained, personally to appear, and to do and plead that which in the same then there should be expedient to be done, he is not well able to travel, as we have been informed. We tendering the state of the same C. in this behalf, have given to you, and both of you, jointly and severally, full power and authority to receive the Attorney of the aforesaid C. which the same C. personally before you, or one of you, against the aforesaid A. in the Writ aforesaid, depending before our aforesaid Justices, in his place shall will to put, or constitute, to call the Plaintiff, to plead the warranty, to gain or lose in that writ. And therefore you, and both of you, jointly and severally, we command, that unto the aforesaid C. (if he be not well able to travel unto you) ye personally going, the Attorney or Attorneys which the same C. personally before you, or one of you in the Writ aforesaid, before our aforesaid Justices depending, against the aforesaid A. to call the Plaintiff there at the aforesaid Term, to plead the warranty to gain or to lose, in his stead he shall will to put or constitute Attorney, you or one of you receive. And when ye or one of you shall so receive such Attorney or Attorneys, Us in our Chancery of the name or names of such Attorney or Attorneys of him the said C. in 8 days of St. Hillary next to come, wheresoever he shall be, under your seals, or one of yours duly ye or one of you certify, returning to us this Writ, T. etc.   

The Form of a Recovery, with single Voucber.  
COmmand S. H. that he render to A. B. and C. D. 40 Messages, with the appurtenances in G. D. R. etc.  
The aforesaid S. H. doth put in his place R. F. and T. N. jointly and severally against the aforesaid A. B. C. D. in a plea of Land.  
W. A. whom the aforesaid S. H. calleth to warranty, puts in his stead G. M. and T. F. jointly and severally against the aforesaid A. B. and C. D. in a plea of Land.  
The aforesaid A. B. and C. D. do put in their stead R. C. and F. C. jointly and severally against the aforesaid S. H. in a plea of land.   

A Common Recovery had by divers against one, of divers Manors, etc. within the County Palatine of Chester before the Judges of the Shires and Counties.  
Of Pleas of the County of Chester at Chester, before T. E. Esquire, Son of T. E. Knight, Justice of the Lord Protect. there, on Wednesday next after the Feast of Easter, In the year of our Lord, etc.  
R. E. Knight. P. D. Knight, I. S. Son and heir apparent of T. S. of W. T. S. Son and heir apparent of R. S. of S. and G. L. Chaplain, by Th. B. his Attorney in the Court of the Lord Protect. here, do demand against H. S. of O. Esq; the Manor of O. alias O. with the appurtenances, and 14 Messages, etc. as their right and inheritance, and into which the same H. hath no entry, but after the disseisin which Th. Cutt. thereof unjustly, and without judgement hath made to the aforesaid R. P. I. T. and G. after that J. S. was made Earl of Chester, etc. And whereupon the same R. P. I. T. and G. say, that they themselves were seized of the same Manors, Messages, Lands, Meadows, Pastures, Woods, Turbary, Mosses, and rend; with the appurt. etc. in their demeasne, as of Fee in the time of Peace of our Lord Protector taking thereof over in value, etc. And into which, etc. and there produce suit, etc.  
And the aforesaid H. S. Esq; in his proper person comes and defends his right, when, etc. and calleth to warranty T. N. who is present in Court in his proper person, and gratis to the same H. S. the Manor, Message, Lands Tenements, Meadows, Pastures, Woods, Turbarie, Mosses, and rend, and the moiety of the Manor of E. above demanded, with the appurtenances, he warrants.  
And hereupon the aforesaid R. P. I. T. and G. do demand against the same T. N. tenant by his warranty, the aforesaid Manors, Messages, etc. and the moiety of the Manor of E. with the appurtenances, in form aforesaid, etc. and whereupon they say, that they themselves were seized of the same Manors Messages, Lands, Meadows, Pastures, woods, Turbary, Mosses, rent, and moiety of the Manor of E. with the appurtenances, in his Demean as of Fee, in the time of peace, in the time of the said Lord Protector taking thereof over in value, etc. and into which, etc. And thereof they produce their sure, etc.  
And the aforesaid Th. N. Tenant by his Warranty defendeth his right, when, etc. and saith that the aforesaid T. C. hath not disseised the aforesaid R. P. J. T. and G. of the aforesaid Manor, Message, Lands, Meadows, Pastures, Woods, Turbary, Mosses and Rent, and Moiety of the Manor of E. above demanded, with the appurtenances, in manner and form as the aforesaid R. P. J. T. and G. by their Writ and Declaration aforesaid do suppose, etc.  
And the aforesaid R. E. P. D. I. T. and G. do pray licence thereof of imparling here, etc. and they may have it. Afterwards the same Term, etc. The aforesaid R. P. I. T. and G. by their Attorney aforesaid came again in the Court of the Lord Protector etc. And the aforesaid T. N. Tenant by his Warranty, although solemnly exacted, came not again, but in contempt of the Court here, departed, & made default. Therefore it is considered by the Jury aforesaid that the aforesaid R, E. P. D. I. T. & G. recover their seisin against the aforesaid H. S. of the aforesaid Manor, Message, Lands, Meadows, Pastures, Woods, Turbarie, Mosses, Rent, Moiety of the Manor of E. above demanded, with the appurtenances. And that the same H. have of the land of the aforesaid T. N. to the value. And the same T. N. in mercy.   

A Common Recovery by divers before the Justices of Chester, and Judges of the same County of a Manor, etc.  
Of Pleas of the County of Chester at Chester, before T. E. Knight, Justice of the LORD PROTECTOR there on Wednesday, tali Anno.  
R. B. W. B. B. B. Sons of R. B. Knight, O. B. H. D. Son and Heir of R. D. Esq; deceased D. D. of E. and R. C. Chaplain by T. B. their Attorney in the Court of the LORD PRO●ECTOR here, do demand against R. D. Chaplain, and T. H. of the City of C. the Manor of W. with the appurtenances, 30 Messages, one Watermill, 500 acres of land, 400 acres of Meadow, 200 acres of Pasture, 100 acres of Wood, 20 acre- of Turbarie, 40 acres of Land covered with water, and 40 l. rent, with the appurtenances, in W. and O. as their right and inheritance, and into which the same R. and T. hath non entry; but after the disseisin which T. C. unjustly, and without judgement hath made to the aforesaid R. W. B. etc. after that J. Scoticus was made Earl of Chester, etc. And whereupon the same R. W. B. etc. say that they themselves were seized of the same Manor, Message, Mill, Lands, Meadows, Pastures, Woods, Turbarie, Lands covered with Water, with the appurtenances, in their Demean, as of Fee in the time of peace, in the time of the Lord Protect. now taking thereof over in value, etc. And into which, etc. And thereof they produce their suit, etc.  
And the aforesaid R. D. and T. H. in their proper persons do come and defend their right, when, etc. and do call thereof to warranty W. M. Esq; who is present here in Court in his proper person, and gratis the Manor, Message, Mill, Lands, Meadows, Feeding, Woods, Turbary, Lands covered with water aforesaid, to the same R. D. and T. H. doth warrant, etc. And hereupon the aforesaid R. W. B. etc. do demand against him the said W. M. Esquire Tenant by his Wartanty, the Manor, Message, Mill, Lands, Meadows, Feeding, Woods, Turbary, Lands covered with water, and rend above demanded, with the appurtenances, in form aforesaid, etc. and whereupon they say that they themselves were seized of the same Manor, Message, Mill, Lands, Meadows, Pastures, Woods, Turbary, Lands covered with water, and Rent, with the appurtenances in their Demean, as of Fee in the time of peace, in the time of the said L. Prot. now to take thereof over in value. And into which, etc. And thereupon they produce their suit, etc.  
And the aforesaid W. M. Esq. Tenant by his Warranty defendeth his right, when, etc. and calleth thereof to warranty Th. Needham, who is present there in Court, in his proper person, and gratis the Manor, Message, Mill, Lands, Meadows, Pastures, woods, Turbary, Lands covered with water, and rends aforesaid, with the appurtenances to the same M. M. doth warrant, etc. And hereupon the aforesaid R. W. B. etc. Do demand against him the said Th. Needham Tenant by his Warranty the aforesaid Manor, Message, Mill, Lands, Meadows, Pastures, Woods, Turbarie, Lands covered with water, and Rend above demanded, with the appurtenances in form aforesaid, etc.  
And whereupon they say that themselves were seized of the same Manor, Message, Mill, Lands, Meadows, Pastures, Woods, Turbary, Land covered with water, and rend above demanded, with the appurtenances in their demeasne, as of Fee in the time of peace, in the time of the said Lord, the now Protect▪ to take thereof over in value, etc. and into which, etc. and thereupon they produce their suit, etc.  
And the aforesaid Thomas Needham, Tenant, by his Warranty defends his right, when, etc. and he saith that the aforesaid T. Cut hath not disseised the aforesaid R. W. B. etc. of the Manor, Message, Mill, Lands, Meadows, Pastures, Woods, Turbary, Lands covered with water, and Rent, with the appurtenances, in manner and form as the same R. W. B. etc. by their Writ and Declaration above do suppose, etc.  
And the aforesaid R. R. W. etc. do pray licence thereof, of imparling here, etc. and they have it, etc. And afterwards in that same County here, etc. the same R. W. B. etc. by their aforesaid Attorney came again in the Court of the Lord Protector. And the aforesaid T. N. Tenant, by his warranty, although solemnly exacted, came not again, but in contempt of the Court here departed, and made default, etc. Therefore it is Ordered by the Judges of the County aforesaid, that the aforesaid R. W. B. etc. recover their seisin against the aforesaid R. D. and T. H. of the aforesaid Manor, Message, Mill, Lands, Meadows, Pastures, Woods, Turbarie, Land covered with water, and rend above demanded, with the appurtenances, etc. And that the aforesaid R. D. and T. H. have of the Lands of the aforesaid W. M. to the value, etc. And the same T. N. in mercy, etc.   

The like Common Recovery in the said County of Chester to the next before, and of the same Manor and Lands.  
Of Pleas of the County of Chester at Chester, before T. E. Esq; Son of T. E. Knight, Justice of the Lord Protector, the Wednesday after the Feast of beheading of S. John the Baptist, in the year, etc.  
R. B. of Chester, R. B. W. B. B. B. Sons of R. B. Knight, and O. B. by T. B. their Attorney, in the Court of the Lord Protector here, do demand against W. M. Esquire, the Manor of W. 23 Messages, 1 Water-Mill, 300 acres of Land, 20 acres of Meadow, 100 acres of Pasture, 40 acres of Wood, 10 acres of Turbary, and 10 acres of Land covered with water, with the appurtenances, in W. M. K. & W. as their right and inheritance, and into which the same W. M. hath no entry, but after the disseisin which T. C. thereof unjustly and without Judgement hath made to the aforesaid R. R. W. B. & G. after that J. Scoticus was made Earl of C. etc. And whereupon the same R. R. W. etc. say, that themselves were seized of the same Manor, Message, Mill, Lands, Meadows, Pastures, Woods, Turbarie, and lands covered with water, with the appurtenances, in their Demean as of Fee, in the time of Peace, in the time of the Lord now Protector, to take thereof over in value. And into which, etc. And thereupon they produce their suit, etc.  
And the aforesaid W. M. in his proper person cometh and defendeth his right, when, etc. And calleth thereof to warranty T. N. who is present here in the Court, in his proper person, and gratis to the same W. M. the Manor and Tenements aforesaid with the appurtenances, doth warrant. And hereupon the aforesaid R. R. W. etc. do demand against him the said T. N. tenant, by his warranty, etc. the Manor and Tenements aforesaid above demanded, with the appurtenances in form aforesaid, etc. and whereupon they say that themselves were seized of the same tenements, with the appurtenances, in their demeasne, as of Fee, in the time of peace, in the time of the said now L. Protect. by taking thereof over in value, etc. And into which, etc. And thereupon they produce their suit, etc. And the aforesaid T. N. tenant, by his warranty defendeth his right, when, etc. and saith, that the aforesaid T. C. hath not disseised the aforesaid R. R. W. etc. of the tenements aforesaid with the appurtenances, in manner and form, as they by their writ and Declaration above do suppose, etc.  
And the aforesaid R. R. W. etc. do pray licence thereof, of imparling here, etc. and they have it, etc. And afterwards in that same County here, etc. the same R. R. W. etc. by their Attorney aforesaid came again into the Court of the Lord Protector. And the aforesaid T. N. tenant, by his warranty, although solemnly exacted, came not again, but in contempt of the Court here, departed, and made default. Therefore it is granted by the Judges of the County aforesaid, that the aforesaid R. R. W. B. B. & O. recover their seisin against the aforesaid W. M. of the tenements aforesaid above demanded, with the appurtenances, etc. And that the aforesaid W. M. have of the lands of the aforesaid T. N. the value, etc. And the same T. N. in mercy, etc.   


Charges of a Recovery, with two Vouchers in person at the bar.  FOr drawing your Praecipe 0 2 6 For taking it into the remembrance  1 0 For your writ of Entry  2 6 For the Fine of it   To the Receiver  0 6 For the Doctor's hand entering and endorsing  1 6 For drawing it at bar, & 4 Sergeants.  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 General's 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 Exemplification & 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 Praecipe, and the warrant of Attorney 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 Sergeants; a double Voucher 4 Sergeants; and a triple Vourcher hath 5 Sergeants, 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 triple 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 Concord's. 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, etc. 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 moiety of Tithes. ibid. Of a Manor, of rent, and of free folding for sheep. ibid. Of a writ of Covenant of 3 parts of 4 Messages, 4 Cottages, etc. 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 Dimes 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 recognizance 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, etc. 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 Manors 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, etc. then to the Cognisors in general tail, & for default, etc. then to the right heirs of the Cognisors for ever; with render and grant of 10 Messages, etc. residue of the same Manor, etc. to the said Cognisors. 49 A fine of homage, rent, and services. 51. A fine of a Manor, 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, rendering rend. 55. A Lease for years by fine, by one & his wife. 57 A Lease by Tenant for life for 21 years, if she lives so long. 58. A Lease to the wife for 21 years, to commence after her Husband's 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 rend. 63. A Lease to divers for 90 years, for their lives, with rent and herriots reserved, etc. 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 waist, & for 16 years after her death, than the one moiety 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 Jointure, with the remainder in tail. bid. A fine where the Husband buyeth lands, and granteth them again to the Cognisors for his Wife's life. 70 A Concord of divers Tenements, Rend of a Rectory, and Advowson, etc. 71 A fine of the fourth part of two Messages, the one by a Coparcener of his part, etc. 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 moiety. 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 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 Wife's life, to convey her Title to her Husband. 93 A Concord of a moiety 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 Knight's Service; Castle-Gard, and Murage upon a Writ of Customs and Services. 100 A fine of a Manor 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 Rend Service. 106 A fine where the Husband and the Wife sell the Wife's Jointure 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 Manor only. 110 A fine of several Rents granted out of a Manor. 111 A fine of a Rent, with a Nomine poene for nonpayment, etc. 112 A fine in Fee farm, yielding a Rent, with a Distress 114 A fine in Fee farm, rendering a Rent, suit of Court and Herriot after decease, recease, and alienation. 115 A fine in Fee farm, rendering 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 Attorney 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 rendereth 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 Message, etc. 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, etc. 124 A fine of, etc. and the Cognisees do grant and render all Mines of Coals, in a Close, parcel of the premises etc. 128 A fine of the third part of one Message, etc. with a general Warranty, And the Cognisees do Grant and Render the same to one of the Cognisors for years in reversion, etc. 129 A fine with a Grant of a yearly rent. 132 A fine of a Message, etc. Rend, Parsonage, the Advowson of a Viccaradge, with Warranty, etc. 134 A fine with two several Warranties. 135 A fine of a Manor etc. with general Warranty. 136 A Fine within the County of Chester, etc. 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, etc. 142 A fine by two to one, with general Warranty. 145 A fine by the Husband and Wife, and divers others, etc. 145 A fine of four Messages, etc. 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, etc. 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. etc. 155 A fine by one to the Queen's Attorney, etc. 155 A fine by a Widow to the Precedent and Scholars of a College, etc. 157 A fine by two, and the Wife of one of them, etc. 158 A fine with general Warranty. 159 A fine of a reversion. 160 A fine by Husband and Wife to one, with a general Warranty. 161 Of the Order of taking the knowledge of a fine, by Dedimu: potestatem, and the certifying thereof 162 A fine of one Message of a Remainder. 163 A fine by Husband and Wife of two Messages etc. with general Warranty. 164 A fine knowledged before the Justices of the Common pleas at Westminster, with general Warranty 165 A fine with Warranty against the Conusor and his heirs. 166 A fine as it is engrossed of Record. 167 Of the nine Proclamations. 168 A fine with general Warranty for years, rendering a red Rose, etc. 168 A fine for li●es, and aft●r, in Fee. 170 A fine of a Rent issuing out, etc. with general Warranty. 171 A fine with general Warranty 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 Warranty. 174 A fine with Warranty 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 Concord's. 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 Praecipe and Concord. 193. A Dedimus Potestatem upon a writ of Customs, and services. 195. Of the King's 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 What persons may obtain atturnment by Quid Juris clamat, and what nor. 205 What persons be compellable to arturn by Quid juris clamat, and what not. 206 What places will bar the Plaint. of Atturnment. 210  

A Table to the latter Part.  What process lie in a Quid juris clamat, 1. The writ of summons in Quid juris clamat. 3. The Distress in Quid juris clamat. 4. Tenant may atturn for parcel, etc. 12. Attorney in Quid juris clamat. 13. The return thereof. 14. A Distr●ngas ad atturnandum. 17. Of the engrossing of Fines. 24. Of the Tabling of fines engrossed. 25. How many Proclamations are to be made upon fines, and when. 26 Of the Proclamations of fines at the Assizes and General Sessions, and how they must be certified. 27. Of the enrolment of all the parts of fines at the engrossing thereof, and Proclamations passed. 28. Of the Exemplification of the parts of fines enrolled. 30. Of one enrolled according to the Statute 23 El: c. 3. ibid. How fines Executory be executed. 36 Execution of fines by writ. 37. Of execution of fines by Scire facias. 41 A Scire facias upon a fine. 46. A Mittimus of the transcript of a fine, and a Scire facias thereupon. 51. A fine levied to one by a Guardian. 55. Cozenage alleged in the Scire facias. 62. A writ to the Bishop to certify Bastardy. 69. Certain causes of the nature and form of a Scire facias upon a fine. 74. What Fines with Proclamations bar not the issue in tail. 78. What time after a fine levied and Proclamation made, any man hath to enter or claim by action, or otherwise, who are thereby barred forthwith, and who not. 79. How privies in blood are bound in fines. 81. Of Estrangers, having present right, and no impediment. 82. Of Estrangers that have present right, and impediment. 83. Of Estrangers having divers defects. 87. Of Estrangers without impediments, having future right for cause precedent. ibid. Of Estrangers with impediments, having future right. 89. Of Estrangers having no right for any cause before the fine. 91. Of Estrangers having divers future rights by divers titles. 92. Estrangers to fines, having neither present, nor future right to the Tenements in the fine, at the levying thereof, but only unto rents, Common, etc. issuing out of the same. 94. Pleas to avoid fines. 95. Of a writ of Error. 97. A writ of Error directed to the chief Justice. 98. Another to the Custos brevium. 99 Another unto the Chirographer. ibid. For what Errors, Fines, and Proclamations, be not reversable. 100 Of Error in the Proclamation of a Fine. 101. Of a Certiorari. ibid. A Certiorari of the transcript of the foot of a fine. 102. Otherwise of the tenor of the note of a fine. 103. Otherwise before Justices now of the Bench, ib. A Mittimus of the transcript of a fine out of the Chancery into the Common place. ibid. A Mittimus. 106. A Mittimus for the foot of a fine. ibid. Whether any but he which reserverh a fine, may reap benefit thereby. 107. Warrantia Chartae. 108. The writ of Warr. Chart. ibid. Count by Baron and Feme upon a Fine, with warranty. 110. Of Recoveries for Assurances, etc. 124 Of what things writs of entry may be brought, and by what means. 128. Of what things a writ of entry lieth not. 129. A Certiorari to the Executors of the Justice before whom the warrants were acknowledged. 131. The return of the same. 132 A Recovery with single Voucher. 133. A Recovery with double Vourcher. ib. A Recovery with triple Voucher. 134. A Recovery of an Advowson in the County Palatine of Lancaster. 135. All the parts of a Recovery in a writ of Right, De praecipe in Capite, Exemplified. 136. The warrant of Attorney thereof. 138. A remission to the Court in a writ of right. 139. The Exemplification of a Recovery enrolled. ib. A Pardon of alienation upon Lands by a writ of entry recovered. 142. A Common Recovery by divers before the Justices of Chester, and Judges of the same County of a Manor, etc. 161. The like Common Recovery in the said County of Chester, to the next before, and of the same Manor and lands. 164. Charges of a Recovery with 2 Vouchers in person at bar. 167. Charges of a recovery by summons upon a warrant of attorney. 168.  
FINIS.