“This is the final Concord, made in the Court of our Lord the King, at Westminster, on the Vigil of the blessed Peter, the Apostle, in the Thirty-third[300] Year of the Reign of King Henry the Second; before Ranulph de Glanville, Justiciary of our Lord the King, and before H.R.W. and T. and other faithful subjects of our Lord the King, then there present, between the Prior and Brethren of the Hospital of Jerusalem, and W.T., the Son of Norman, and Alan his Son, whom he appointed Attorney in the Court of our Lord the King to gain or lose, concerning all such Land and its Appurtenances (except one Oxland[301] and three Tofts[302]) which the said W. held: concerning all which Land (except the aforesaid Oxland and three Tofts) there was a Plea between them in the Court of our Lord the King; to wit, that the aforesaid W. and Alan concede and attest the Gift which Norman the Father of the said W. made to them; and they quit-claim all that Land from them and their Heirs to the Hospital and the aforesaid Prior and Brethren for ever: except the one Oxland aforesaid, and the three Tofts, which remain to the said W. and Alan and their Heirs, to be held of the Hospital and the aforesaid Prior and Brethren for ever, by the free service of four pence a year, for all service. And for this concession, and attestation, and quit-claim, the aforesaid Prior and Brethren of the Hospital have given to the said W. and Alan one hundred Shillings sterling.” Or in these Terms——
CHAP. III.
“This is the final Concord, made in the Court of Galfred, the Son of Peter, and afterwards recorded and inrolled[303] in the Court of our Lord the King, at Westminster, in the Thirty-third Year of the Reign of King Henry the Second, on Tuesday after the feast of the Apostles Simon and Jude, before[304] E. Bishop of Ely, and I. Bishop of Norwich, and R. de Glanville, Justice of our Lord the King, and other faithful and trusty servants of our Lord the King, then there present, between the aforesaid G. the Son of Peter and R. the son of Reginald, of the Advowson of the Church of All Saints of Shuldham, and common of pasture of Heddon, concerning which there was a dispute between them; to wit, that the aforesaid R. has acknowledged to the aforesaid G., as his Right, the Advowson of the aforesaid Church, and has quitted-claim to the aforesaid G. and his Heirs, from him and his Heirs for ever, if he had any right in the Advowson of the aforesaid Church: also the aforesaid R. quit-claims to the aforesaid G. the Common of Pasture of Heddon—And all the purprestures[305] which G. has made in Shuldham, in the Woodland[306] and Mills and Crofts[307] and Turbaries[308] of Shuldham, of which the said R. reserves nothing, unless that which is necessary to burn in his House for him and his Heirs, without making any sale; and all[309] external folds,[310] (except his own) and the bidden days[311] of external ploughs, and the Customs[312] of Hens and Eggs. And for this Concord and quit-claim, the aforesaid G. has given to the said R. twenty marks of silver.” And observe, that such a Concord is termed final, because it puts an end to the matter,[313] so that neither of the litigating parties can ever after recede from it. For if either of them fail to adhere to it, or to perform his part of it, and the other party complain, the Sheriff shall be directed to put him by safe pledges, that he appear before the King’s Justices to answer, wherefore he has not kept such fine. I mean, if the party complaining, has previously given the Sheriff security, to prosecute his claim. For this purpose, the following writ shall issue——
CHAP. IV.
“The King to the Sheriff, Health. Command N., that justly and without delay, he hold the Fine made in my Court, between him and R. of one Hyde of Land, in that Vill, concerning which a Suit was between them in my Court; and, unless he do so, and the aforesaid A. make you secure of prosecuting his claim, then, put him by Gage and safe Pledges that he be before me or my Justices on such a day, to shew why he has not done it. And have there this Writ. Witness, &c.”
CHAP. V.
Should the party, thus summoned, neither appear, nor essoin himself, on the day appointed, or if, after having cast three Essoins, he neither appear, nor send an Attorney, the course in such case to be pursued has been already pointed out, in that part of this Treatise which applies to Pleas, where the Pledges are to be attached, and in the [first Book]. Both parties being present in Court, if each of them should acknowledge the writing (containing the Concord made between them) or if the Concord is stated to be such by the King’s Justices before whom it was made, and this be properly testified by their Record, then the Party who has broken the Concord shall be amerced to the King, and shall be safely attached, until he find good security that he will from thenceforth keep the Concord, by adhering to its terms, if possible, or will otherwise make his Adversary a reasonable recompense. For, it is a consequence which naturally results from acknowledging a fact in the King’s Court in the presence of the King or his Justices, or undertaking to do any particular Act, that the Party should be compelled to abide by or perform it. If, however, such a Concord be made in a suit concerning Land, then, the party convicted in Court, or confessing that he had not properly observed the Fine, if a Tenant, shall thereby lose his Land, but, if a Demandant, his Suit. But if the parties, either the one or the other of them, deny the Common Chirograph, then, the same Justices shall be summoned to appear on a day appointed to them in Court, and there record, how the suit came to an end which was before them in the King’s Court, between such and such parties, of so much Land, in that Vill, which the one claimed against the other; and, if the parties, by the license of the Justices and in their presence, came to an agreement, under what form the Concord was made. But here a distinction must be taken, whether such Concord was made in the King’s chief Court, or before the Justices Itinerant.