The parties to fines and recoveries should be accurately named in the writs, (k) and other proceedings. (1) But where there was a misnomer in the tenant's christian name, it was held not to be material: (m) and it seems that if a woman be described as the wife of a person to whom she was not married, it will not invalidate the fine or recovery. (n) However it is important that the parties be correctly named, especially as the Court has oftener than once, (o) where the name was wrong, refused permission to set it right. So the parties should have their proper legal description: thus a peer, above the degree of a baron or a bishop, should only have his christian name and dignity inserted. (p) A baron, baronet, (q) or a knight, (r) should be so (k) In writs the demandant and tenant are to be named (m) Doe d. Lushington v. (n) Fearne's Posth. Works (0) Dixon v. Lawson et Ux. 2 Sir W. Black. Rep. 816. Ex parte Motley and Wife, 2 Bos. and Pull. 455. (p) If a duke, marquis, earl, or bishop, grant by (q) The degree of baronet 39. described; an esquire, or gentleman, (s) may have, and usually has, such addition to his name; and a parson, the addition of clerk: but yeomen and common persons are described merely by their christian and surnames. Indeed it is said that even the additions of dignity and honour are used rather by courtesy than of necessity. (t) Where a father and son, having the same names, are parties, they are distinguished by the addition of the words, "the younger," to the name of son. The descriptions of married women are governed by the titles of their husbands, except peeresses in their own right, or by marriage with a former husband. For though a woman, noble in her own right, marry a commoner, she still remains noble; (u) and if a duchess by marriage afterwards marry a baron, she still remains a duchess, because her husband is noble: (x) but, by a second marriage with a commoner, she loses her dignity. (y) The full description of (s) Esquire, gentleman, yeoman, &c., is merely an addition, being no part of the name. 1 Lilly's Dig. 39. (t) Touchstone, c. 2. 12. (x) Co. Litt. Book. I. c. 1. s. 9. But this was not allowed to the duchess dowager of Leeds, at the coronation of George III. Cruise on Dignities, c. 3. s. 75. (y) Cruise on Dig. c. 3.s.71. the parties is only inserted the first time the names occur. Afterwards they are distinguished thus: a peer above the degree of baron, by his title of dignity. A bishop is also distinguished by his dignity; and a baron, baronet, knight esquire, gentleman, and common person, by his christian name only but where two or more persons have the same christian names, the surnames are also used, to distinguish one from the other. (*) of what things fines may be le vied, and suffered. A fine may be levied of any thing that is in being, and inheritable, (a) whether temporal or ecclesiastical made temporal, (b) if it be situated recoveries within the jurisdiction of the Court. And though the Court has no jurisdiction over lands in the colonies and plantations, yet fines are occasionally levied in England of lands there, by stating them to be within the jurisdiction of the Court here: (c) but this is said to be done (z) See Append. XIII. for a. c. 7. s. 7., fines and re- parsonages, vicarages, por- tigua, that is to say, in the Of describing the things. merely because the colonial Court respects such fines as solemn conveyances. (d) Recoveries may be suffered of the same things of which fines may be levied. But no fine or recovery should be levied or suffered in the Court of Common Pleas, of ancient demesne or copyhold lands, because they will not pass thereby, (e) the manor Court being the proper place for that purpose. (f) In describing the things to be passed by a fine or recovery, particular attention should be directed to their names, quantities, and situations. With respect to the names, the rule is, that the nature and quality of the things ought to be expressed by their legal descriptions, in regular order, beginning with those of the highest nature, and descending to the lowest, thus placing castles before manors, manors before messuages, messuages before lands, &c.; things general before things special, as land before meadow, pasture, &c.; and entire things before parts. As to the quantities it may be observed, that, though great caution should be used to insert enough to include every thing that is intended to be passed; yet, care should also be taken not to insert much more than suffi (d) 1 Prest. Con. 268. (e) Oliver v. Taylor, 1 Atk. Rep. case 225. (f) 1 Watkins's Copyholds 161. cient, as the excess will increase the king's fine. And though the surplus may, in some cases, be avoided by proving the rent value, or purchase money; yet, the adducing of such proof, particularly in country cases, is often attended with trouble and delay as well as expense. Indeed if the rent value, or purchase money, be not very low, to prove theamount, would increase, instead of diminishing the king's fine. (g) Therefore, where the saving of expense is an object, no more parcels should be inserted than are absolutely necessary. In order to avoid the omission of any necessary parcels on the one hand, or the insertion of unnecessary ones on the other, it will be found the best plan, to consult the cursitor as to the requisite description, when the instructions for the writ are taken to him. In regard to the situations, it may be observed that, properly, the parcels should be described as lying within, (h) or in a place known out of, a town, (i) hamlet, or parish; as in a li |