and how ac king's great seal of England, the date whereof is at Westmin- V. The title, ster, the day of, in the year of the reign, &c. quired. the said A B according to the form of the statute(n) in such case made and provided, brings here into court) more fully appears. By virtue, &c. [State lessee's entry, &c.] * 222 35. By fine, levied by hus band and wife, of the inheritance of the *And the said E F and G his wife, being so seised,(2) afterwards, and during the continuance of the said demise, to wit, in Hilary term,(g) in the year of the reign of our sovereign lord the now king, a certain fine was duly had and levied wife.(0) in his said majesty's court of the bench at Westminster, in the county of Middlesex, before(r) —, then his majesty's justices of the bench aforesaid, and other faithful subjects of our said lord the king, then there present, between the said A B, by the name of " complainant, and the said E F and G his wife, by the names of, &c. deforciants, amongst other things, of the said demised tenements, with the appurtenances, by the name and description of, &c. whereupon a certain plea of covenant,(*) was summoned between them in the same court, to wit, that the said E F and G acknowledged the said tenements with the appurtenances, to be the right of him the said A B as those which the said A B had of the gift of the said E F and G and the same remitted and quitted claim from them the said E F and G, and the heirs of her the said G,(t) to the said A B and his heirs for ever.(u) And further the said E F and G grant (n) 3 & 4 Edw. VI. c. 4. explained by 13 Eliz. c. 6. As to the necessity for a profert of the exemplification, see I Saund. 189. n. 2. but the defendant is not entitled to oyer, though pleaded with profert, 1 T. R. 149. 1 Saund. 9. n. 1. b. (0) As to the fine and the effect of it, 2 Bl. Com. 348. 357. 1 Saund. 319. n. 1. See the form of a fine, 2 Bl. Com. App. No. 4. See the precedents, 2 Saund. 175. 269, 270. 1 Saund. 258. Co. Ent. 700. Clift. 819. pl. 5. 1 Leon. 255. 2 Rich. C. P. 351. This form was adopted in 3 Fast, 346. (p) It is not in general necessary to allege a seisin in fee, 2 Saund. 175. A. 1. 1 Leon. 255. See a state ment of scisin in fee in right of the (7) The term must be shewn and (r) It appears advisable to state the names of all the judges, 2 Saund. 175. n. 2. (8) 2 Rich. C. P. 352. 2 Saund. 270. (t) In 2 Saund. 270. it is stated, "the heirs of the husband," but this is inaccurate, when the estate is the inheritance of the wife, 2 Saund. 176. n. 3. 2 Rich. C. P. 352. (u) If a less estate, see 2 Saund. 175. ed for themselves, and the heirs of the said G that they would warrant to the said A B and his heirs, the tenements aforesaid, with the appurtenances, against all men for ever. As by the record of the said fine remaining in the said court of the bench aforesaid, more fully appears ;(x) which said fine so had *and levied as aforesaid, was had and levied to the use and behoof of the said A B and his heirs and assigns for ever, to wit, at, &c. aforesaid. By virtue(y) of which said fine the said A B then and there became and was seised of the said tenements, with the appurtenances, in his demesne as of fee. See the precedent, 1 Saund. 259. As to the pleading a fine with proclamations as a bar to the issue in tail, and in general when such proclamations are necessary, and how they are to be pleaded, see 1 Saund. 259. n. 8. 2 Saund. 175. n. 3, 4. See the form, 2 Bl. Com. App. No. 4. And the said CD further says, that before the said several times, when, &c. in the said first count mentioned, and at the several times hereinafter mentioned, one E F as heir at law of G H, deceased, was seised in his demesne as of fee, of and in the manor of, &c. with the appurtenances, in the county aforesaid. And being so seised thereof, he the said E F heretofore, to wit, on, &c. at, &c. aforesaid, by his certain indenture of bargain and sale, bearing date the day and year last aforesaid, and made between the said C D, the now defendant of the first part, the said E F of the second part, J K of the third part, (x) A reference to the record of the fine, or of proclamations, is unnecessary, 2 Saund. 176. n. 4. (y) As to this statement, 2 Rich. C. P. 352. 2 Saund. 270. 176. and as to the statement of a deed to lead the the uses of the fine, see the following precedent of a recovery, and see the statement of a deed to declare the uses of the fine, 2 Saund. 270. (z) The recovery is pleaded in this precedent more concisely than is usual. See the next precedent. The above form in a plea was advised by a very eminent pleader, in preference to the more prolix statement-he pleaded it thus in a special verdict, and the court expressed their approbation of it. The recovery is in this case merely inducement to shew that CD was tenant for life. See the form of a recovery with single vouchers, and writ of seisin thereon, 2 Saund. 89. &c. and one with double voucher, 2 Bl. Com. App. No. 5. which will assist in framing the statement of a recovery. See the nature of a recovery defined, &c. Willes, 451. 2 Saund. 42. n. 7. 2 Bl. Com. 357. See the precedents, Winch. Ent. 1139. 2 Lutw. 1541. Clift. 814. pl. 3r F. The title, and low ac quired. * 224 NO of the fourth part, and P Q of the fifth part; which said indenture bearing date the day and year aforesaid, was then and there sealed with the seal of the said E F, and was within six months then *next following, to wit, on, &c. in due manner enrolled in the high court of chancery of our said lord the king, according to the form of the statute in such case made and provided, in consideration of the sum of 58. of lawful money of Great Britain, to him the said E F in hand then and there paid by the said N O, he the said E F, at the request and by the direction and appointment of the said JK, testified as therein mentioned, did bargain and sell, and the said J K did grant, bargain and sell, and confirm unto the said No (amongst other things) the said manor of, &c. with the appur tenances, in the county aforesaid. To have and to hold the same to the said N O, and his heirs and assigns, to the use and behoof of the said N O, and his heirs and assigns for ever, to the intent and purpose that the said NO might become perfect tenant of the freehold of the said manor with the appurte nances. And it was thereby agreed that the said P Q should, before the end of that present Easter term, or of some other subsequent term, sue forth a writ of entry against the said NO in order to have a recovery suffered of the manor of, &c. sur disseisin en le post. And that the said recovery when suffered should be and enure to the use of the said C D, the now defendant, and his assigns, for and during the term of his natural life, and the remainder thereof to the use of the said JK, his heirs and assigns for ever. And the said CD further says, The recoves that afterwards, to wit, in term, in the year of the ry. reign of our lord the now king, a writ of entry sur disseisin en de post was sued out, and a common recovery in due form of law suffered, of the said manor, with the appurtenances, in pursuance of the said indenture, wherein the said P Q was demandant, against the said NO tenant, and the said NO vouched to warranty the said C D. (the now defendant,) who appeared and vouched to warranty the said J K, who appeared and vouched to warranty, the common vouchee, and a writ of seisin was thereupon awarded to the said P Q, and the sheriff of the same county returned the same writ executed. As by the record and proceedings thereof remaining in the court of our said lord the king, of the bench here, to wit, at Westminster, VOL. II. [26] * 225 more fully appears. And the said CD further saith, that the said JK, and all those whose estate he now hath, and at the said several times when, &c. had of and in the said manor with the appurtenances, from time whereof the memory of man is not to the contrary, have had, and have used, and been accustomed to have, and of right ought to have had, and the said CD who is so seised of the said manor, with the appurtenances, for the term of his life as aforesaid, still of right ought to have, &c. [Here the subject matter of the prescrifition was stated.] [After stating that RH and M by fine became seised, proceed as follows:] And the said R H and M being so scised, NZ and J M afterwards, to wit, in the same term of Saint Michael, in the year of the reign aforesaid, in the said court of the bench, before and his companions, justices of the bench aforesaid, impleaded the said R H and M in a plea of land of the aforesaid manor and tenements (amongst other things) by writ of the said lady the queen, of entry, upon disseisin en le post, in the same court then returnable and duly returned, and the said R H and M, and N Z and JM, parties to the said writ in the said court in due manner appearing, and the said R H and M so being seised of the said manor and tenements, with the appurtenances, in their demesne as of fec as aforesaid, the said NZ and J M then declaring upon the said writ, in their proper persons demanded against the said RH and M the manor and tenements aforesaid, with the appurtenances, (amongst other things,) by the names and descriptions aforesaid, as their right and inherit ance, and into which the said R H and M had not entry, unless after *the disseisin, of which H H thereof unjustly and without judgment had made to the said N Z and J M within thirty years then last past; and whereupon they said that they were seised of the manor and tenements aforesaid, with the appurtenances, in their demesne as of fee and right, in time (a) This precedent is precisely as East, 346. See the notes, ante, 225, pleaded in Outram v. Morewood, 3 224. and how ae the son. vouches RH. of peace, in the time of the said then queen, by taking the r. The title, profits thereof, to the value of, &c. and into which, &c. and quired. thereupon they brought suit, &c. And the said RH and M, R# and M in their proper persons, came and defended their right, when, vouch J Z &c. and thereupon vouched to warranty J Z, gentleman, son and heir apparent of the said J Z, esquire, which said J Z the son, present then in court, by H M W, esquire, his guardian, which said H M W was admitted by the said court of the said queen, to appear for the said J Z the son, being then under age, as the guardian of the said J Z the son, the manor and tenements aforesaid, with the appurtenances, to them warranted, &c. and thereupon the said NZ and J M demanded against the said J Z, tenant, by his own warranty, the manor and tenements aforesaid, with the appurtenances, in form aforesaid, &c. And whereupon they said that they were seised of the manor and tenements aforesaid, with the appurtenances, in their demesne as of fee, in time of peace, in the time of the said queen, by taking the profits thereof, &c. and into which, &c. and thereupon they brought suit, &c. And the Z the son, aforesaid J Z, tenant, by his own warranty, defended his right, when, &c. and thereupon further vouched to warranty, RH who was present there in court, in his proper person, and freely, the manor and tenements aforesaid, with the appurtenances, to him warranted, &c. And thereupon, the said N Z and J M demanded against the said R H, tenant, by his own warranty, the manor and tenements aforesaid, with the appurtenances, in form aforesaid, &c. And whereupon they said that they themselves were seised of the manor and tenements aforesaid, with the appurtenances, in their demesne as of fee and right, in the time of peace, in the time of the said then queen, by taking the profits thereof, to the value, &c. and into *which, &c. and whereupon they brought suit, &c. And the said RH tenant, RH defends. by his own warranty, defended his right, when, &c. and said that the aforesaid H H did not disseise the aforesaid N Z and J M of the manor and tenements aforesaid, with the appurtenances, as the aforesaid NZ and J M, by their writ and count aforesaid above supposed, and of this he put himself upon the country; and the aforesaid NZ and J M thereupon craved leave to imparl, and they had it; and afterwards the aforesaid NZ and JM came again there into court in that same term, in their * 227 |