virtue of the writ. And at the common law, the force of the writ would have been determined by the death of the king (m), before the return. Now by the statute of 1 Anne, c. 8, s. 5, no original writ, &c. shall abate by the demise of the king or queen.

Still, however, the death of either of the parties before the return of the writ (n), will determine the authority conferred by the writ. Of course, a fine levied on the foundation of a writ, when the only plaintiff, or only deforceant dies before the return of the writ, will render the proceedings erroneous, and liable to be avoided for error. But if there are several plaintiffs or several deforceants, and one of the plaintiffs or deforceants dies before the return of the writ, the fine will be erroneous as against that person only who shall die. The fine is generally acknowledged before the writ of covenant is sued out; and this writ may, as to the courts of Westminster-Hall, be sued out in vacation, returnable of a preceding term, so that the fine though acknowledged in the vacation, may be good, notwithstanding the [ 276] death of one of the parties before the term, provided the writ of covenant be made returnable, as of the preceding term.

(m) Bro. Abr. Fine, 85. (n) Clements v. Langharne, 2 Lord Raym. 872.

Wright v. Mayor of
Wickham, Cro. Eliz. 468.*

In Wales, and the counties palatine, it was a great inconvenience, that all fines were heretofore acknowledged in the vacation, and levied as of the next great sessions, &c. when the writ of covenant was made returnable; so that no purchase could be safely completed during the vacation: but these courts seem now to have conformed their practice to that of the superior courts.

This is done in Lancashire, upon a suggestion that some of the conusors are ill, and doubts are entertained of their living till the next assizes. The fiat of the vicechancellor must be obtained for the purpose. The additional expense is from £3 to £4.

Secondly. Of the Licentia Concordandi.

The licentia concordandi is the licence given by the crown for the accommodation of the suit. On the original writ a fine called the premier-fine, and on the licence to accommodate, a fine called the post-fine, or in modern times the king's silver, is due.

Both these fines are now assessed at the same time, at the Alienation office. The time of payment, and mode of entering, are regulated by the statute of 32 Geo. II. c. 14; and by this statute, s. 2, it is enacted that no fine, until the same be marked with "the sum to which the post-fine amounts "in the King's Silver Office shall be effec

"tual in law." And the officer of the King's Silver Office or his deputy is now restrained from receiving any writ of covenant, unless it appear by the mark and indorsement of such receiver, that the post-[277] fine has been paid.

The licence to accord, or king's silver, is entered to this effect.

"Robert Drury, Esquire, gives to our "lord the king, seven pounds for licence "to accord with Thomas Tey, Esquire, "and Elizabeth his wife, of a plea of cove"nant of the manors of, &c."

Such entry ought to contain the following particulars.

1st. The sum given for licence to compound.

2d. The party who pays it. This should be the person in whom the fee is to be vested.

3d. The plea, and between whom as parties.

4th. The lands for which the fine is paid (o). Any error in the entry of the king's silver as to the parcels, is amendable (p).

Thirdly. The concord, which is the formal part of the contract between the parties, and of the essence of the fine.

The concord is the substance of the fine.

(0) Tey's case, 5 Co. 39, a.

(p) Bohun's case, 5 Co. 43.
1Cruise, 132.

It contains the acknowledgment; and is to be inade in person, either in court, or before commissioners under the authority of a writ of dedimus potestatem, or before the chief justice of the court of Common Pleas, (who, by virtue of his office, and without any writ of dedimus, may take the acknowledgment of a fine,) or before justices of assize. In case of an acknowledgment taken by justices of assize, it is the practice to sue out a writ of dedimus potestatem to them after the acknowledgment is taken; but this course, though usual in practice, is not deemed absolutely necessary.

The concord in a fine sur conuzance de droit come ceo, is to this effect.

And the agreement is such to wit, that the aforesaid A. hath acknowledged the aforesaid messuage, with the appurtenances, to be the right of the said C, as that which the said C. hath of the gift of the aforesaid A. And the same messuage, with the appurtenances, the said A. hath remised and quit-claimed, from him the said A. and his heirs, to the aforesaid C. and. his heirs, for ever. And moreover the said A. bath granted, for himself, and his heirs, that he will warrant to the aforesaid C. and his heirs, the aforesaid messuage, with the appurtenances, against him the said A. and his heirs, for ever. And for this, &c.

have acknowledged with the appurteof the said D., as hath of the gift of

And the agreement is such, that is to say, that the said A. and C. the tenements aforesaid, nances, to be the right those which the said D. the said A. and C. And those they have remised and quit-claimed, from them, the said A. and C, and their heirs, to the aforesaid D, and his heirs, for ever. And moreover, the said A. and C. have granted, for themselves, and the heirs of the said A, that they will warrant to the aforesaid D, and his heirs, the aforesaid tenements, with the appurtenances, against them, the said A. and C, and the heirs of the said A. for ever. And further, the said A. and C. have granted for themselves, and the heirs of the said C, that they will warrant to the aforesaid D, and his heirs, the aforesaid tenements, with the appurtenances, against them, the said A. and C, and the heirs of the said C, for ever. And for this, &c.