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pretations, 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 fine, 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 seised or claiming to their use or uses; by occasion whereof divers debates, controversies, 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 said Sovereign Lord the King, with the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, 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 procla mations, according to the said statute, by any person or persons of full age of one and twenty 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 form, 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, remain 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, manors, lands, tenements or other hereditaments whatsoever they be, the possessioners 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 lordships, 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 fine or fines heretofore levied of any manors, lands, tenements or hereditaments

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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 fine or fines heretofore levied of any manors, lands, tenements 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 hereafter 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 summon 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,

John Doe.
Richard Roe.

Summoners of the within-named
Abraham, Cecilia, and John,

John Den.
Richard Fen.

لسما من السمات

license

wagree

Norfolk,
to wit,

SECT. 2. The License to Agree.

David Edwards, esquire, gives to the lord the king ten marks for 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 appurtenances, 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 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. 4. The Note or Abstract.

Norfolk, Between David Edwards, esquire, complainant, and Abraham Barker, to wit. 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 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 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.

ever.

SECT. 5. The Foot, Chirograph, or Indentures of the Fine.

Norfolk, Į 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 Britain, 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 them 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, and 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 Saint Michael, in the twenty-first year of the king within-written.

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 with1 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 Westminster, the twenty-ninth day of October, in the twenty-first year of our reign.

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:

Den.

Summoners of the within-named David, Jonard 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 John 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 " John Barker, 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 appurtenances, 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 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 Jacob, tenant by his

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

own warranty, defends his right, when, &c. And saith that the aforesaid Hugh did not disseise the aforesaid Francis of the tenements aforesaid, as the aforesaid Francis by his writ and count aforesaid above doth suppose: and of this he puts himself upon the country. And the aforesaid Francis thereupon craveth leave to imparl; and he hath it. And afterwards the aforesaid Francis cometh again here into court, in this same term in his proper person, and the aforesaid Jacob, though solemnly called, cometh not again, but hath departed in contempt of the court, and maketh default. Therefore it is considered that the aforesaid Francis do recover his seisin against the aforesaid David of the tenements aforesaid, with the appurtenances: and that the said David have of the land of the aforesaid "John, to the value [of the tenements aforesaid]; and, further, that the said John have of the land of the said " Jacob to the value [of the tenements aforesaid]. And the said Jacob in mercy. And hereupon the said Francis prays a writ of the lord the king, to be directed to the sheriff of the county aforesaid, to cause him to have full seisin of the tenements aforesaid, with the appurtenances: and it is granted unto him, returnable here without delay. Afterwards, that is to say, the twenty-eighth day of November in this same term, here cometh the said Francis in his proper person; and the sheriff, namely, Sir Charles Thompson, knight, now sendeth, that he by virtue of the writ aforesaid to him directed, on the twenty-fourth day of the same month, did cause the said Francis to have full seisin of the tenements aforesaid, with the appurtenances, as he was commanded. All and singular which premises, at the request of the said Francis, by the tenor of these presents, we have held good to be exemplified. In testimony whereof we have caused our seal appointed for sealing writs in the Bench aforesaid to be affixed to these presents. Witness, Sir John Willes, knight, at Westminster, the twenty-eighth day of November, in the twenty-first year of our reign.

DETERMINABLE AND BASE FEES.

"Intendments should be guided by the rules of the law, and not by idle conceits, and to prove this further, 13 Hen. VII., 11 Hen. VII., 21 Hen. VI. fo. 37, it is held, and the law seems plain, that if land be given to one and his heirs so long as J. S. has heirs of his body, the donee has a fee and may alien it notwithstanding there be a condition that he shall not alien; and 11 lib. Assize, p. 8, a like case is put and held as above: and there if land be given to one and his heirs so long as J. S. or his heirs may enjoy the Manor of D., those words (so long) are utterly vain and idle, and do not abridge the estate . . . and yet it is to be admitted that one may have an estate in fee determinable, but never by the act and consent of the parties without any entry for condition broken or title defeasible; and to show briefly how this will be is now convenient, and it will be if the lord of a villein being tenant in tail enters on the land, &c., he and his heirs will enjoy the land so long as the villein has issue, and then his estate determines; so he who recovers rent against a tenant in tail, 'que ill teign in tail' [out of what he holds in tail?]; or [suppose] that tenant in tail of land be attainted of treason, the king will have a fee of the land entailed determinable on death without issue, and has no greater estate; but these estates last mentioned are not made by the first creation of the estates but by matter coming afterwards by other means. Per ANDERSON, C. J., in Christopher Corbet's Case, 2 And. 134, 138, 139. "Before the statute of Quia emptores (18 Edw. 1) an estate might have been granted to A. B. and his heirs, so long as C. D. and his issue should live, or so long as C. D. and his heirs should be tenants of the manor of Dale; and upon C. D.'s ceasing to have issue, or to be tenant of the manor of Dale, the estate reverted to the donor, not as a condition broken, of which the donor, or his heir, might take advantage by entry, but as a principle of tenure, in the nature of an escheat upon the death of a tenant in feesimple without heirs general. But the statute of Quia emptores destroys the immediate tenure between the donor and donee, in cases where the fee is granted; and consequently there can now be no reverter, or any estate or possibility of a reversion remaining in the donor after an estate in fee granted by him. This conclusion directly follows from the doctrine of tenures, and the effect of the statute of Quia emptores upon that doctrine. The proposition does not require the aid of decided cases; but the passage

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