1. The party, to whom the land is to be conveyed or aſſured, commences an action or ſuit at law againſt the other, generally an action of covenant, by ſuing out a writ or praecipe, called a writ of covenant[1]: the foundation of which is a ſuppoſed agreement or covenant, that the one ſhall convey the lands to the other; on the breach of which agreement the action is brought. On this writ there is due to the king, by antient prerogative, a primer fine, or a noble for every five marks of land ſued for; that is, one tenth of the annual value[2]. The ſuit being thus commenced, then follows,
2. The licentia concordandi, or leave to agree the ſuit[3]. For, as ſoon as the action is brought, the defendant, knowing himſelf to be in the wrong, is ſuppoſed to make overtures of peace and accommodation to the plaintiff. Who, accepting them, but having, upon ſuing out the writ, given pledges to proſecute his ſuit, which he endangers if he now deſerts it without licence, he therefore applies to the court for leave to make the matter up. This leave is readily granted, but for it there is alſo another fine due to the king by his prerogative; which is an antient revenue of the crown, and is called the king's ſilver, or ſometimes the poſt fine, with reſpect to the primer fine before-mentioned. And it is as much as the primer fine, and half as much more, or ten ſhillings for every five marks of land; that is, three twentieths of the ſuppoſed annual value[4].
3. Next comes the concord, or agreement itſelf[5], after leave obtained from the court; which is uſually an acknowlegement from the deforciants (or thoſe who keep the other out of poſſeſſion) that the lands in queſtion are the right of the complainant. And from this acknowlegement, or recognition of right, the party levying the fine is called the cognizor, and he to whom it
