Tit. 32 c. 3. 2. Co. Read. 11. fine, to a person not named in the original writ; in the same manner as a remainder may be limited, in a deed, to a person who is not a party. 43, If a præcipe be brought against a tenant for life, and upon his default the person in reversion is received, he may levy a fine of his reversion to the demandant; although he is 3 Rep. 396. original writ. In the same Bro. Ab. Tit. Co. Read. 8. Seymour v. Parker, infra, c. 3. Rob. Gav.> 132. Co. Read. 3. Rob. Gav. 132. not named in the manner, if a fine is levied by a vouchee to the demandant, or by a demandant to the vouchee, it will be good: but a fine levied by a vouchee to a stranger is void. 44. The reason of the two last cases is because the person in reversion, and the vouchee, are allowed by the court to come in the place of the tenant, against whom the præcipe was originally brought; and having been made parties to the suit, they are bound by the judgement, as much as if they had been named in the original writ. 45. The object of fines being to settle the possession, not only for the present, but for ever, in the most certain and secure manner, the Judges never allow lands to be limited in the concord of a fine to two persons and their heirs, but always direct them to be limited to the two persons, and to the heirs of one of them. 46. The necessity of the case however requires that where the lands comprehended in a fine are held in gavelkind, this rule should be dispensed with; and therefore when a fine is levied of lands of this sort, the Judges will permit them to be limited to two or more persons, and their heirs. 47. A warranty ought not to be allowed in the concord of a fine from two persons and their heirs, for the same reason. But a warranty has been allowed from three persons and their heirs, where the lands were held in gavelkind. 5 38 b. 48. The Judges ought not to permit a fine to be 2 Rep. 74 b. levied upon condition; nor should a saving or exception, or a clause of re-entry, be allowed in a fine : but if a fine is actually levied to two persons and their heirs, or with a warranty from two persons and their heirs, or upon condition, with a saving, exception, or clause of re-entry; such a fine will notwithstanding be valid, upon the principle that fieri non debuit, sed 12 Rep. 125. factum valet, et facta tenent multa quæ fieri proliibentur. And Plowden has given some instances of fines levied on condition, which were allowed to be good. 49. Lands situated in different counties may be contained in the same concord, though there must be several writs of covenant. and 34. Dyer, 227. 2 inst. 512 a. ante, 50. Formerly lands purchased of different persons were allowed to be comprised in the same concord ; every vendor warranted against himself and his heirs only: but by an order of Lord Chancellor Wils. on Hatton, reciting that by fines of this sort her Majesty Fines, 47. was defrauded of the profits of her post-fines, and of the seals on writs, and the Chancellor and others lost their fees; the cursitors are authorized to stay a writ where there is more than one demandant, and one deforciant, except coparceners, joint tenants, and tenants in common. But the cursitors will permit two separate purchases to be comprised in one fine, on an affidavit that the value of both together does not exceed two hundred pounds. 51. The fourth part of a fine is the note, which is Note, an abstract of the writ of covenant and concord, and is only a docquet taken by the chirographer, from 5 Rep. 39a, which he draws up the indenture, It is sometimes taken in the old books for the concord. 52. The fifth and last part of a fine is the foot, Foot or chirograph, or indenture, which includes the whole Chirograph, Co. Read. 1. Brome'sCase, 4 Leon. 96. Crompton's Case, Dyer, 254 a. 3 Leon. 183. matter, reciting the parties, day, year, and place, and before whom it was acknowledged or levied. Of this there are indentures made and engrossed at the chirographer's office, and delivered to the cognizor and cognizee; beginning with these words, "This is the final agreement, &c." and then stating the whole proceeding at length. Thus the fine is completely levied at common law. 53. A fine is said to be engrossed when the chirographer makes out the indentures, and delivers them to the parties. But it is not absolutely necessary that a fine should be engrossed, provided the concord be recorded; for Lord Coke observes, that a fine is a perfect record before it is engrossed. And a fine may be engrossed at any time after it is levied. 54. Sir John Brome in 33 Hen. VIII. acknowledged a fine of certain lands. The King's silver was entered, and the cognizance taken; and in 29 Eliz. the person who claimed under this fine came into court, and prayed that the fine might be engrossed, it appearing upon examination that the party to whom the fine was levied was seised after the fine, and had suffered a common recovery of the land, which had been enjoyed according to the said fine. The Court ordered the fine to be engrossed. 55. The record of the fine which remains in the Godb. 103. possession of the chirographer is the principale recor dum; so that if there is any difference between it and the record which remains with the custos brecium, that which continues with the chirographer is considered as the true record. Bull. N. P. 229. 56. The chirograph of a fine is evidence to all persons, and in all courts, of such fine; because the chirographer being an officer appointed by the law 56-58. for the purpose of transcribing fines from the record, his copies must be allowed to be authentic. 57. By the stat. 23 Eliz. c. 3. § 6. it is enacted, that the chirographer shall every term write out a table of the fines levied in each county in that term, and shall affix it in some open part of the Court of Common Pleas, all the next term; and shall also deliver the contents of each table to the sheriff of each county, who shall, at the next assixes, fix the same in some open part of the court. Fines must Rot. Parl. 558. 58. There are two petitions of the Commons in All the Prothe Rolls of Parliament, 4 Hen. IV. No. 35. and ceedings on 5 Hen. IV. No. 28., stating, that many fines of land be recorded. remained in the King's treasury, and the notes of vol. 3. 495. such fines remaining in the Court of Common Pleas 543. 557. had been taken away, and other fines and notes of fines counterfeited and put in their places, whereby many persons were disinherited; in consequence of which, a statute was immediately passed, 5 Hen. IV. c. 14., enacting, that all the proceedings on fines, both previous to and at the acknowledgement thereof, should be enrolled of record in the Court of Common Pleas. And by the 23 Eliz. c. 3. § 1 & 6. it is enacted, that every writ of covenant and other writ, whereupon any fine shall be levied, the return thereof, the writ of dedimus potestatem made for the knowledging of any of the same fines, the return thereof, the concord, note, and foot of every such fine, the proclamations made thereupon, and the King's silver, may, upon the request or election of any person, be enrolled in rolls of parchment; and that the enrolments of the same, or of any part thereof, shall be of as good force and validity in law, to all intents, respects, and purposes, for so much of any of them so enrolled, as the same, being extant and remaining, were or ought by law to be. 59. The office of the chirographer of fines was burnt down in the year 1679, whereby several records of fines which had been levied in Trinity and Michaelmas term preceding, were either burnt or lost. In consequence of which an act was passed, 31 Car. II. c. 3. reciting, that the fines so burnt or lost had duly passed all the offices; so that by the records of the King's silver, the notes of the cursitor who made out the writs of covenant, and the entries thereof at the office of alienation, and by the book of entries of fines kept by the chirographer's deputy, &c. the full contents of all such fines would appear. But for want of the records of the fines so burnt or lost, purchasers and others, whose titles were secured under the said fines, were in danger of having the same impeached. It was therefore enacted, that the said chirographer or his deputy should, before the end of the next Trinity term, upon oath certify to the Justices of the Common Pleas, a note of all such fines entered into the said book kept by the said deputy, that he, upon diligent search, should find, were either burnt or lost, by reason of the said fire; which certificate should be in parchment, fairly written, and a copy thereof set up in Westminster Hall, &c.; and that any time within three years, the Chief Justice of the said Court of Common Pleas, together with any one or more of the Justices of the said Court, should have power to send for any officer's books, records, &c. and upon full examination of any such fine, the records whereof were burnt or lost, should direct the said chirographer or his deputy to new engross the note and foot of such fine without fee, and to carry the same before the said Chief Justice, and such other of the said Justices as shall have taken the examination concern. ing the burning or loss of such fine, who are required |