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sons, and to their heirs, other than the parties in the said fine, such, right, title, claim, and interest, as they have to or in the said lands, tenements, or other hereditaments, the time of such fine ingrossed ; so that they pursue their title, claim, or interest by way of action, or lawful entry, within five years next after the said proclamations had and made : And also saving to all other persons such action, right, title, claim, and interest in or to the said lands, tenements, or other hereditaments, as first shall grow, remain, or descend, or come to them after the said fine ingrossed and proclamation made, by force of any gift in the tail, or by any other cause or matter had and made before the said fine levied ; so that they take their action, or pursue their said right and title, according to the law, within five years next after such action, right, title, claim, or interest to them accrued, descended, remained, fallen, or come: And that the said persons and their heirs, may have their said action against the pernor of the profits of the said lands and tenements, and other hereditaments, at the time of the said action to be taken. And if the same persons, at the time of such action, right, and title accrued, descended, remained, or come unto them, be covert de baron, or within age, in prison, or out of this land, or not of whole mind, then it is ordained by the said authority, That their action, right, and title, be reserved and saved to them and their heirs, unto the time they come and be at their full age of twenty-one years, out of prison, within this land, uncovert, and of whole mind, so that they, or their heirs, take their said actions, or their lawful entry, according to their right and title, within five years next after that they come and be at their full age, out of prison, within this land, uncovert, and of whole mind, and the same actions pursue, or other lawful entry take, according to the law. And also it is ordained by the authority aforesaid, That all such persons as he covert de baron, not party to the fine, and every person being within age of twenty-one years, in prison, or out of this land, or not of whole mind, at the time of the said fines levied and ingrossed, and by this said act afore except, having any right or title, or cause of action, to any of the said lands and other hereditaments, that they, or their heirs, inheritable to the same, take their said actions or lawful entry according to their right and title, within five years next after they come and be of age of twenty-one years, out of prison, uncovert, within this land, and of whole mind, and the same actions sue, or their lawful entry take and pursue, according to the law. And if they do not take their actions and entry as is aforesaid, That they and every of them, and their heirs and the heirs of every of them, be concluded by the said fines for ever, in like form as they be that be parties or privies to the said fines : Saving to every person or persons, not party nor privy to the said fine, their exception to avoid the same fine, by that, that those which were parties to the fine, nor any of them, nor no person or persons to their use ne to the use of any of them, had nothing in the lands and tenements comprised in the said fine at the time of the said fine levied. And it is ordained by the said authority, That every fine that hereafter shall be levied in any of the King's courts, of any manors, lands, tenements, and other possessions, after the manner, use and form, that fines have been levied afore the making of this act, be of like force, effect, and authority, as fines so levied be or were afore the making of this act; this act, or any other act in this present parliament made or to be made, notwithstanding. And every person shall be at liberty to levy any fine hereafter at his pleasure, whether he will after the form contained and ordained in and by this act, or after the manner and form aforetime used.

St. 32 HEN. VIII. (1540) c. 36. Forasmuch as in the fourth year of the reign of the late King of famous memory, King Henry the Seventh, father of our most dread sovereign lora the King that now is, it was, among many good and sundry statutes and ordinances then made for the common wealth, enacted, ordained, and established the form and manner how fines should be levied with proclamations in the King's court before his justices of his Common Place, and that such fines, with proclamations so had and made, to the intent to void all strife and debates, should be a final end, and conclude as well privies as strangers to the same, certain persons excepted and saved, as in the same statute more plainly appeareth ; sithen which time, by diversity of interpretations, and expounding of the same statute, it hath been, and is yet, by some manner of persons doubted and called in question, whether fines with proclamations levied or to be levied before the said justices, by any person or persons having, or claiming to have in any manors, lands, tenements or hereditaments comprised in the same tine, in possession, reversion, remainder, or in use, any manner of estate-tail, should immediately after the said fine levied, engrossed, and proclamation made, bind the right heir and heirs of such tenant in tail, and every other person and persons

sies, suits and troubles have been begun, moved, and had within this realm, and mo be like to ensue, if remedy for the same be not provided ; for the establishment and reformation whereof, and for the sure and sincere interpretation of the said statute, in avoiding all dangers, contentions, controversies, ambiguities and doubts that hereafter may ensurge, grow or happen, our sail Sovereign Lord the King, with the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assein bled, and by authority of the same, hath enacted and ordained, That all and singular fines, as well heretofore levied, as hereafter to be levied before the said justices with proclainations, according to the said statute, by any person or persons of full age of one and cwenty years, of any manors, lands, tenements or hereditaments, before the time of the said fine levied in any wise entailed to the person or persons so levying the same fine, or to any the ancestor or ancestors of the same person or persons in possession, reversion, remainder or in use, shall be, immediately after the same fine levied, engrossed, and proclamations made, adjudged, accepted, deemed and taken, to all intents and purposes, a sufficient bar and discharge for ever against the said person and persons, and their heirs claiming the same lands, tenements and hereditaments, or any parcel thereof, only by force of any such entail, and against all other persons claiming the same, or any parcel thereof, only to their use, or to the use of any manner of heir of the bodies of them; any ambiguity, doubt or contrariosity of opinion, risen or grown upon the said estatute to the contrary notwithstanding.

II. Provided alway, That this Act, nor any thing therein contained, shall extend to bar or exclude the lawful entry, title or interest of any heir or heirs, person or persons, heretofore given or hereafter to be given, grown or accrued to them or any of them, in or to any manors, lands, tenements and hereditaments, by reason of any fine or fines heretofore levied, or hereafter to be levied, by any woman after the death of her husband, contrary to the forin, intent, and effect of the statute made in the said eleventh year of the said King Henry the Seventh, of any manors, lands, tenements and hereditaments, of the inheritance or purchase of the said husband or of any his ancestors, given or assigned to any such woman in dower, for term of life or in tail, in use or in possession, but that the same Act made in the said eleventh year of the said late King Henry the Seventh shall stand, renain and be in full strength and virtue in every article, sentence and clause therein contained, in like manner and form as though this present Act had never been had ne made.

III. Provided also, That this Act, ne any thing therein contained, do extend to any fine or fines at any time heretofore levied, or hereafter to be levied, of any lordships,

ers and owners whereof, by reason of any express words contained in any special Act or Acts of Parliament made or ordained since the saith fourth year of the reign of the said late King Henry the Seventh, stand, be bounden or restrained from making any alienations, discontinuances, or other alterations of any of the same loridships, manors, lands, tenements or other hereditaments, contained in the said fine or fines; but that all and every such fine and fines at any time heretofore levied, or hereafter to be levied, by any such person or persons or their heirs, of any such lordships, manors, lands, tenements or other hereditaments, shall be of such like force and strength in the law, and of none other effect than the same fine so levied, or to be levied, should have been if this present Act had never been had nor made ; any thing therein contained to the contrary thereof in any wise notwithstanding.

IV. Provided also, That this Act, nor any thing therein contained, shall extend to any line or fines heretofore levied of any manors, lands, tenements or hereditaments now in suit, demand or variance, in any of the King's courts, or whereof any charters, evidences or muniments concerning the same, be now in demand in the King's high court of chancery ; nor to any fipe or fines heretofore levied of any manors, lands, tene. ments or hereditaments, which before the first day of this present Parliament have been recovered, gotten or obtained by reason of any judgment, entry, decree, arbitrament, or other lawful means, contrary to the purport, intent or effect of any such fine or fines thereof, heretofore levied ; nor to any fine or fines heretofore levied, or here. after to be levied, by any person or persons, of any manors, lands, tenements or hereditaments, before the time of the levying of the same fine, given, granted or assigned to the said person or persons so levying the same fine, or to any of his or their ancestors in tail, by virtue of any letters patents of our said sovereign lord, or any of his progenitors, or by virtue of any Act or Acts of parliament, the reversion whereof, at the time of the same fine or fines so levied, being in our said sovereign lord, his heirs or successors ; but that every such fine and fines shall be of like force, strength and effect, as they were or should have been, if this act had never been had nor made.

The following forms of a fine and a recovery have been taken from the appendix to the second volume of Blackstone's Commentaries :

A Fine of Lands Sur Cognizance De Droit, Come Ceo, etc.

SECT. 1. Writ of Covenant ; or Præcipe. George the Second, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, and so forth, to the sheriff of Norfolk, greeting Command Abraham Barker, esquire, and Cecilia his wife, and John Barker, esquire, that justly and without delay they perform to David Edwards, esquire, the covenant made between them of two messuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood, with the appurtenances, in Dale; and unless they shall so do, and if the said David shall give you security of prosecuting his claim, then snmmon by good summoners the said Abraham, Cecilia, and John, that they appear before our justices at Westminster, from the day of St. Michael in one month, to shew wherefore they have not done it : and have you there the summoners and this writ. Witness ourself at Westminster the ninth day of October, in the twenty-first year of our reign. Pledges of prosecution,

in John Doe.
" Richard Roe.

Summoners of the within-named | John Den.

Abraham, Cecilia, and John, Richard Fen.

SECT. 2. The License to Agrce. Norfolk, David Edwards, esquire, gives to the lord the king ten marks for

to wit, license to agree with Abraham Barker, esquire, of a plea of covenant of two messuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood, with the appurte. nances, in Dale.

SECT. 3. The Concord. And the agreement is such, to wit, that the aforesaid Abraham, Cecilia, and John have acknowledged the aforesaid tenements, with the appurtenances, to be the right of him the said David as those which the said David hath of the gift of the aforesaid Abraham, Cecilia, and John; and those they have remised and quitted claim, from them and their heirs, to the aforesaid David and his heirs, for ever. And, further, the same Abraham, Cecilia, and John have granted, for themselves and their heirs, that they will warrant to the aforesaid David and his heirs the aforesaid tenements, with the appartenances, against all men, for ever. And for this recognition, remise, quit. claim, warranty, fine, and agreement, the said David hath given to the said Abraham, Cecilia, and John two hundred pounds sterling.

Sect. 4. The Note or Abstract. Norfolk, 1 Between David Edwards, esquire, complainant, and Abraham Barker,

to wit. Sesquire, and Cecilia his wife, and John Barker, esquire, deforciants of two messuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood, with the appurtenances, in Dale, whereupon a plea of covenant was sumnoned between them: to wit, that the said Abraham, Cecilia, and John have acknowledged the aforesaid tenements, with the appurtenances, to be the right of him the said David, as those which the said David hath of the gift of the aforesaid Abraham, Cecilia, and John ; and those they have remised and quitted claim, from them and their heirs, to the aforesaid David and his heirs for ever. And, further, the same Abraham, Cecilia, and John have granted for themselves and their heirs, that they will warrant to the aforesaid David and his heirs the aforesaid tenements, with the appurtenances, against all men, for ever. And for this recognition, remise, quitclaim, warranty, fine, and agreement, the said David hath given to the said Abraham, Cecilia, and John two hundred pounds sterling.

Sect. 5. The Foot, Chirograph, or Indentures of the Fine. Norfolk, , This is the final agreement, made in the court of the lord the king at

to wit. ) Westminster, from the day of Saint Michael in one month, in the twentyfirst year of the reign of the lord George the Second, by the grace of God, of Great Brit. ain, France, and Ireland, king, defender of the faith, and so forth, before John Willes, Thomas Abney, Thomas Burnet, and Thomas Birch, justices, and other faithful subjects of the lord the king then there present, between David Edwards, esquire, complainant, and Abraham Barker, esquire, and Cecilia his wife, and John Barker, esquire, deforciants, of two messuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood, with the appurtenances, in Dale, whereupon a plea of covenant was summoned between thein in the said court; to wit, that the aforesaid Abraham, Cecilia, and John, have acknowledged the aforesaid tenements, with the appurtenances, to be the right of him the said David, as those which the said David hath of the gift of the aforesaid Abraham, Cecilia, and John; and those they have remised and quitted claim, from them and their heirs, to the aforesaid David and his heirs, for ever. And, further, the same Abraham, Cecilia, and John have granted for themselves and their heirs that they will warrant to the aforesaid David and his heirs the aforesaid tenements, with the appurtenances, against all men, for ever. And for this recognition, remise, quitclaim, warranty, fine, aud agreement, the said David hath given to the said Abraham, Cecilia, and John two hundred pounds sterling.

Sect. 6. Proclamations, endorsed upon the Fine, according to the Statutes. The first proclamation was made the sixteenth day of November, in the term of

The second proclamation was made the fourth day of February, in the term of Saint Hilary, in the twenty-first year of the king within-written.

The third proclamation was made the thirteenth day of May, in the term of Easter, in the twenty-first year of the king within-written.

The fourth proclamation was made the twenty-eighth day of June, in the term of the Holy Trinity, in the twenty-second year of the king within-written.

A Common Recovery of Lands with 1 Double Voucher.

Sect. 1. Writ of Entry sur Disseisin in the Post ; or Præcipe. George the Second, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, and so forth, to the sheriff of Norfolk, greeting. Command

1 Note, that if the recovery be had with single voucher, the parts marked "thus" in sect. 2 are omitted.

David Edwards, esquire, that, justly and without delay, he render to Francis Golding,
clerk two messuages, two gardens, three hundred acres of land, one hundred acres of
meadow, two hundred acres of pasture, and fifty acres of wood, with the appurtenances,
in Dale, which he claims to be his right and inheritance, and into which the said
David hath not entry, unless after the disseisin, which Hugh Hunt thereof unjustly and
without judgment hath made to the aforesaid Francis, within thirty years now last
past, as he saith, and whereupon he complains that the aforesaid David deforceth him.
And unless he shall so do, and if the said Francis shall give you security of prosecuting
his claim, then summon by good summoners the said David, that he appear before our
justices at Westminster on the octave of Saint Martin, to show wherefore he hath not
done it : and have you there the summoners and this writ. Witness ourself at West-
minster, the twenty-ninth lay of October, in the twenty-first year of our reign.
Pledges of prosecution, John Doe.

· Richard Roe.
Summoners of the within-named David, 1.

a John Den.
' Richard Fen.

SECT. 2. Exemplification of the Recovery Roll.

George the Second, by the grace of God, of Great Britain, France, and Ireland, king. defender of the faith, and so forth, to all to whom these our present letters shall come, greeting. Know ye that among the pleas of land enrolled at Westminster, before Sir Jolin Willes, knight, and his fellows, our justices of the bench, of the term of Saint Michael, in the twenty-first year of our reign, upon the fifty-second roll it is thus contained : Entry returnable on the octave of Saint Martin. Norfolk, to wit : Francis Golding, clerk, in his proper person demandeth against David Edwards, esquire, two messuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood, with the appurtenances, in Dale, as his right and inheritance, and into which the said David hath not entry, unless after the disseisin which Hugh Hunt thereof unjustly, and without judgment, hath made to the aforesaid Francis, within thirty years now last past. And whereupon he saith that he himself was seised of the tenements aforesaid, with the appurtenances, in his demesne as of fee and right in time of peace, in the time of the lord the king that now is, by taking the profits thereof to the value (1 of six shillings and eight pence, and more, in rents, corn, and grass) : and into which (the saith David hath not entry, unless as aforesaid]: and thereupon he bringeth suit (and good proof]. And the said David in his proper person comes and defendeth his right, when (and where it shall behove him], and thereupon voucheth to warranty “Jolin arker, esquire; who is present here in court in his proper person, and the tenements aforesaid, with the appurtenances to him freely warranteth (and prays that the said Francis may count against him). And hereupon the said Francis demandeth against the said John, tenant by his own warranty, the tenements aforesaid, with the appurtenances, in form aforesaid, &c. And whereupon he saith, that he himself was seised of the tenements aforesaid, with the appurtenances, in his demesne as of fee and right, in time of peace, in the time of the lord the king that now is, by taking the profits thereof to the value, &c. And into which, &c. And thereupon he bringeth suit, &c. And the aforesaid John, tenant by his own warranty, defends his right, when, &c. and thereupon he further voucheth to warranty" Jacob Morland; who is present here in court in his proper person, and the tenements aforesaid, with the appartenances, to him freely warranteth, &c. And hereupon the said Francis demandeth against the said Jacob, tenant by his own warranty, the tenements aforesaid, with the appurtenances, in form aforesaid, &c. And whereupon he saith that he himself was seised of the tenements aforesaid, with the ap. purtenances, in his demesne as of fee and right, in time of peace, in the time of the lord the king that now is, by taking the profits thereof to the value, &c. And into which, &c. And thereupon he bringeth suit, &c. And the aforesaid Jacob, tenant by his

1 The clauses between hooks are no otherwise expressed in the record than by an &c.

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