INITIAL LETTER PORTRAIT OF GEORGE I [GEORGE I (1660-1727, King of Great Britain, Creator of the Cabinet system of Government)]

Fine Exemplification of the Common Recovery with Double Voucher, in Latin with transcription and translation, by Joseph Biscoe, (Demandant), from John Hanchett, (Tenant to the Praecipe or Writ), of "one messuage 200 acres of land 5 acres of meadow 20 acres of pasture 100 acres of gorse and heath freedom of foldage and common of pasture for 400 sheep with the appurtenances in Foulmore [Fowlmere] Duxford Ickleton Crisall alias Chrishall and Heydon and all and all manner of tithes whatsoever of animals crops growth and regrowth" in the same villages, heard before Sir Peter KING (1669-1734, Chief Justice of the Common Pleas, 1714-1725, Lord Chancellor 1725-1733) or his brethren, and implemented by Maximilian Western, Esq., Sheriff of Cambridgeshire, involving Nicholas Polloxfen (the original Tenant in Tail), and Barrett Edmonds (Common Vouchee), headed by a fine engraved initial letter portrait of George I, surrounded by elaborate penmanship, 6½" x 5½", and continuing with a fine engraved border embodying the first line of the royal titles, 4½" x 21½", vellum, ruled in red, 23¼" x 29" in frame 28½" x 34", Westminster, 12th February 1717, postscript added in Easter fortnight lacking seal

A common recovery converted an 'estate tail', burdened by conditions as to who might inherit, into an 'estate in fee simple', with absolute power to dispose of it. It was based on the doctrine "that the tenant in tail could sell the entailed lands for an estate in fee simple, provided that judgment was obtained in favour of the tenant in tail and his heirs against someone for lands of equal value" and on "the law of warranty as applied in actions for recovery of land" (Jowitt's Dictionary). However, finding such lands was usually impracticable.
Prior to the action, Nicholas Polloxfen will have conveyed the estate to friend John Hanchett for a nominal sum, and procured a further friend, Joseph Biscoe, to sue Hanchett for it. Biscoe claims he had been dispossessed by a fictitious Hugh Hunt. When Hanchett calls Polloxfen to warrant his ownership, Biscoe sues Polloxfen. At this point the 'common vouchee' (usually the court crier) claims, untruly, to have sold the lands to Polloxfen, so Biscoe sues the common vouchee. Biscoe is granted leave to discuss the matter with the common vouchee outside the court, but the latter never returns. Judgment is given in favour of Polloxfen against the common vouchee for lands of equal value, and in favour of Biscoe as owner in fee simple. As the common vouchee is a man of no substance he never complies and is not worth suing further. After Biscoe has obtained seisin from the Sheriff of Cambridgeshire he can return the estate to Polloxfen or dispose of it as arranged.
Common recoveries were abolished in 1833 and replaced by a simple declaration by the owner.

(Translation, with line numbers)

(1) George I by the Grace of God (2) King of Great Britain France and Ireland Defender of the Faith etc. To all those to whom these Our present letters shall come Greeting.

Know that amongst the pleas enrolled at Westminster before (3) Sir Peter King [Chief Justice of the Common Pleas] and his brethren Our Justices of the Bench in the Term of St Hilary in the third year of Our Reign [23rd January - 12th February 1717, modern calendar] upon the 71st Roll is contained as follows Cambridgeshire

Joseph (4) Biscoe gentleman [Demandant] in his own person demands against John Hanchett esquire [Tenant to the Praecipe or Writ] one messuage 200 acres of land 5 acres of meadow 20 acres (5) of pasture 100 acres of gorse and heath freedom of foldage and common of pasture for 400 sheep with the appurtenances in Foulmore [Fowlmere] Duxford Ickleton Crisall alias (6) Chrishall and Heydon and all and all manner of tithes whatsoever of animals crops growth and regrowth in Foulmore Duxford Ickleton Crisall alias Chrishall and Heydon (7) as his right and inheritance. And into which the same John has had no entry but after the disseisin which Hugh Hunt thereof unjustly and without judgment made to the said Joseph within thirty (8) years last past etc And thereupon he [i.e. Joseph] says that he himself was seised of the said tenements liberty and common with the appurtenances and the said tithes in his demesne as of fee and right in time of peace in the time of the Lord (9) Our present King by taking the profits thereof to the value etc And into which etc And therefore he brings suit etc

And the said John in his own person comes and defends his right when etc (10) And he vouches [i.e. calls] to warranty thereof Nicholas Polloxfen esquire [Tenant in Tail] who is present here in Court in his own person And he [Polloxfen] freely warrants to him [John] the said tenements freedom and common with the appurtenances and the said tithes etc

(11) Whereupon the said Joseph demands against the same Nicholas tenant by his own warranty the said tenements liberty and common with the appurtenances and the said tithes in the said form in his etc (12) Wherefore he [i.e. Joseph] says that he himself was seised of the said tenements liberty and common with the appurtenances and the said tithes as of fee and right in time of peace in the time of the Lord Our present King (13) by taking the profits thereof to the value etc And into which etc And thereof he brings suit etc

And the said Nicholas tenant by his own warranty defends his right when etc And further he vouches [i.e. calls] (14) to warranty thereof Barrett Edmonds who is likewise present here in Court in his own person. And he [i.e. Barrett] freely warrants the said tenements liberty and common with the appurtenances and the said tithes to him etc

Whereupon (15) the said Joseph demands against the same Barrett tenant by his own warranty the said tenements liberty and common with the appurtenances and the said tithes in the said form etc Whereof he [i.e. Joseph] says that he himself (16) was seised of the said tenements liberty and common with the appurtenances and the said tithes in his demesne as of fee and right in time of peace in the time of Our lord the present King by taking the profits thereof (17) to the value etc And into which etc And thereof he brings suit etc

And the said Barrett tenant by his own warranty defends his right when etc And he says that the said Hugh did not disseise (18) the said Joseph of the said tenements with the appurtenances as the same Joseph supposes by his writ and declaration above. And of this he puts himself upon the (19) country etc

And the said Joseph craves leave to imparl thereupon And he has it etc And afterwards the same Joseph comes again here into Court in this same term and in his own person And the said (20) Barrett although solemnly called comes not again but has departed in contempt of the Court and makes default

Therefore it is considered that the said Joseph do recover his seisin against the said John of the said (21) tenements liberty and common with the appurtenances and the said tithes And that the same John do have of the land of the said Nicholas to the value etc And further that the same Nicholas do have of the land of the said (22) Barrett to the value etc And the same Barrett in mercy [i.e. arbitrary fine] etc

Whereupon the said Joseph prays the Lord King's writ to be directed to the Sheriff of the said County to cause full (23) seisin of the said tenements liberty and common with the appurtenances and the said tithes to be delivered to him And it is granted to him returnable here within 15 days of Easter etc

All and singular which premisses at the (24) request of the said Joseph by the tenor of these presents we have thought fit to be Exemplified In testimony of which we have caused our seal appointed for the sealing of writs in the Bench aforesaid (25) to be affixed to these presents. Witness P King at Westminster the 12th day of February in the 3rd Year of Our Reign. Cooke [i.e. clerk's name]

(26) On which day [i.e. within 15 days of Easter] comes here into the Court the said Joseph in his own person And the Sheriff (27) namely Maximilian Western esquire now represents that he by virtue of the said writ (28) directed to himself the 22nd day of February last past did cause full seisin to be delivered to the said Joseph of the (29) said tenements liberty and common with the appurtenances and the said tithes as by (30) that writ was commanded etc.

***
(Transcription, with line numbers)

(1) Georgius Dei gratia Magnae Britanniae (2) Francie et Hibernie Rex fidei Defensor etc Omnibus ad quos presentes litere nostre perveniunt Salutem

Sciatis quod inter Placita terre irrotulata apud Westmonasterium coram (3) Petro King milite [Chief Justice of the Common Pleas] et sociis suis Justiciariis nostris De Banco De Termino Sancti Hillarii Anno regni nostri tercio [23rd January - 12th February 1717, modern calendar] Rotulo lxxi continetur sic Cantebrigia

Josephus (4) Biscoe generosus [Demandant] in propria persona sua petit versus Johannem Hanchett Armigerum [Tenant to the Praecipe or Writ] unum mesuagium ducentas acras terre quinque acras prati viginti acras (5) pasture centum acras Jampnorum et bruere libertatem Faldagii et communiam pasture pro quadringentis ovibus cum pertinenciis in Foulmore Duxford Ickleton Crisall alias (6) Chrishall et Heydon ac omnes et omnimodo decumas quascunque animalium provenientium crescentium seu renovantium in Foulmore Duxford Ickleton Crisall alias Chrishall et Heydon (7) ut ius et hereditatem suam Et in que idem Johannes non habet ingressum nisi post disseisinam quam Hugo Hunt inde iniuste et sine Iudicio fecit prefato Josepho infra triginta (8) annos etc Et unde dicit [i.e. Josephus] quod ipsemet fuit seisitus de tenementis libertate et communia predictis cum pertinenciis et decumis predictis in dominico suo ut de feodo et iure tempore pacis tempore domini (9) Regis nunc capiendo inde explecias ad valenciam etc Et in que etc Et inde producit Sectam etc

Et predictus Johannes in propria persona sua venit et defendit ius suum quando etc (10) Et vocat inde ad warrantiam Nicholaum Pollexfen Armigerum [Tenant in Tail] qui presens est hic in Curia in propria persona sua Et gratis tenementa libertatem et communiam predicta cum pertinenciis et decumas predictas ei (11) warrantizat etc

Et super hoc predictus Josephus petit versus ipsum Nicholaum tenentem per warrantiam suam tenementa libertatem et communiam predicta cum pertinenciis et decumas predictas in forma predicta etc Et (12) unde dicit [i.e. Josephus] quod ipsemet fuit seisitus de tenementis libertate et communia predictis cum pertinenciis et decumis predictis in dominico suo ut de feodo et iure tempore pacis tempore domini Regis nunc (13) capiendo inde explecias ad valenciam etc Et in que etc Et inde producit Sectam etc

Et predictus Nicholaus tenens per warrantiam suam defendit ius suum quando etc Et ulterius vocat inde (14) ad warrantiam Barrett Edmonds qui similiter presens est hic in curia in propria persona sua Et gratis tenementa libertatem et communiam predicta cum pertinenciis et decumas predictas ei warrantizat etc

Et super (15) hoc predictus Josephus petit versus ipsum Barrett tenentem per warrantiam suam tenementa libertatem et communiam predicta cum pertinenciis et decumas predictas in forma predicta etc Et unde dicit [i.e. Josephus] quod ipsemet (16) fuit seisitus de tenementis predictis cum pertinenciis in dominico suo ut de feodo et iure tempore pacis tempore domini Regis nunc capiendo inde explecias (17) ad valenciam etc Et in que etc Et inde producit Sectam etc

Et predictus Barrett tenens per warrantiam suam defendit ius suum quando etc Et dicit quod predictus Hugo non disseisivit (18) prefatum Josephum de tenementis libertate et communia predictis cum pertinenciis et decumas predictas prout idem Josephus per breve et Narracionem suam predictam superius supponit Et de hoc ponit se super (19) Patriam etc

Et predictus Josephus petit licentiam inde interloquendi Et habet etc Et postea idem Josephus revenit hic in curiam isto eodem Termino in propria persona sua Et predictus (20) Barrett licet solempniter exactus non revenit set in contemptu curie recessit et defaltam facit

Ideo consideratum est quod predictus Josephus recuperet seisinam suam versus predictum Johannem de (21) tenementis libertate et communia predictis cum pertinenciis et decumis predictis Et quod idem Johannes habeat de terra predicti Nicholai ad valenciam etc Et quod idem Nicholaus ulterius habeat de terra predicti (22) Barrett ad valenciam etc Et idem Barrett in misericordia etc

Et super hoc predictus Josephus petit breve domini Regis Vicecomiti comitatus predicti dirigendum de habere faciendo ei plenariam (23) seisinam de tenementis libertate et communia predictis cum pertinenciis et decumis predictis Et ei conceditur retornabile hic a die Pasche in quindecim dies etc

Que omnia et singula ad (24) requisitionem predicti Josephi tenore presentium duximus Exemplificanda In cuius re testimonio sigillum nostrum ad brevia in Banco predicto sigillandum deputatum presentibus (25) apponi fecimus Teste P King apud Westmonasterium xii die Februarij Anno Regni Nostri tercio Cooke

(26) Ad quem diem [i.e. within 15 days of Easter] venit hic in Curiam predictus Josephus in propria persona sua Et Vicecomes (27) videlicet maximilianus Western Armiger modo mandat quod ipse virtute brevis predicti sibi (28) directi decimo octavo die Februarii ultimo preterito habere fecit prefato Josepho plenariam (29) seisinam de tenementis libertate et communia predictis cum pertinenciis et decumis predictis prout per breve (30) illud sibi preceptum fuit etc

Item Date:  1717

Stock No:  53842      £475

             Add to Wish List     Order/Enquire