Selected quad for the lemma: day_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
day_n	aforesaid_a	court_n	westminster_n	4,140	5	11.4197	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28154	Arcana clericalia, or, The mysteries of clarkship being a sure way of setling estates by [brace] deeds, fines, and recoveries : with the forms of all manner of charter-parties in maritime cities, towns and corporations : with a table of all the principle matters therein contained / by George Billinghurst ...	Billinghurst, George.	1674 (1674)	Wing B2905; ESTC R210634	376,892	576

or put himself upon the Country whereupon the Demandant prayeth a further day to imparle or confer about the matter which being granted unto him by the Court at the day appointed the Vouchee or third person aforesaid by Agreement and consent of the Parties comes no more into Court but makes default whereby judgment is given and awarded by the Court to the Demandant that he shall recover against the Tenant the Lands in question and that the Tenant shall recover over so much Land of the third person as is sufficient to recompence him for the Land recovered from him which the said third person or Common Vouchee ought to have waranted and defended but suffered to be lost And this is a Recovery in value or pro Rata But if the Recovery be with a double Voucher or treble Voucher then the third person upon his appearance is to call or vouch to warant a fourth person who must be the Common Vouchee and to alleadge in the same manner as the Tenant doth and pray that such fourth person may come in who thereupon must appear and make default in such manner as before is mentioned of the third person in the Recovery with single Voucher And so if there be more Vouchers And then there must be several Recoveries over in value against every one of them But he that is last vouched or called to waranty is alwaies Common Vouchee who is usually Bag-bearer to the Custos Brevium of the Court of Common Pleas and hath not any Land to render in value upon the supposed warranty And by this means grounded upon the strict Principles of Law the first Tenant doth willingly let go the land for the assurance of the Purchasor and yet in truth hath no recompence over because the Vouchee hath no Land to render in value Of what a Writ of Entry may be had and by what Names A Precipe quod Reddat lyeth de Castro Manerio Mesuagio Tofto Molendino Columbari Gardino de Terra Prato Pastura de Bosco de Jampnis Bruera de Mora de Juncariis de Marisco salso frisco de libera Piscaria in Aqua de E. de redditu de communia Pasture pro omnibus averiis de communia Estoveriorum de Pannagio pro Porcis de Visu Francii Plegii de Rectoria de L. cum pertin de quibusdam portionibus decimarum provenien crescen seu renovan in K. de Advocatione Ecclesie de W. de Advocatione Vicarie Ecclesie de S. It lyeth also de Terra Aqua cooperta de passagio ultra Aquam de Balliva de Officio de quarta parte decimarum de omnibus omnimodis decimis Majoribus mixtis minutis infra Villam sive Hamlett de B. infra Parochiam de A. quoquomodo crescen contingen ac annuatim renovan c. de Tofto situ Molendini de Hundredo de C. de Ballivato de B. de Pastura ad sex Boves de roda Terre de medietate unius rode Terre de Shopa de Wharfa de Keia Of what things a Writ of Entry lyeth not IT is said in the Practical Counsellor fo 196. that a Writ of Entry may not be de Piscaria Estoveriis de Gardino and in the Compleat Sollicitor printed this present year 1672 fo 62. that a Precipe quod Reddat lyeth not de Piscaria de Estoveriis nec de communia Pasture nor of a Garden And so it is said in the Attorneys Guide fo 129 All which you will find to be otherwise by the Precedents of Recoveries in this Treatise And certainly it is a very great mistake for any person that treats publickly of Recoveries to say that a Writ of Entry lyeth not of a Garden the opinion being so directly contrary to the Rule of the Register by which it evidently appears that the word Gardinum is alwaies used in real Actions as Writs of Entry in le per cui post de placito Terre either for a Garden or Orchard as you will find by the ensuing Precedent Et predictus M. per A. L. Attorn suum ven petir indicium de brevi predicto Qua dicit quod breve illud viciosum est in se non impetrat versus eundem M. secundum cursum Registri seu secundum formam naturam brevis domine Regine de ingressu super disseisinam in le per seu alicujus al. brevis domine Regine de placito Terre quia in eodem brevi apparet quod predictus J. inter alia petit versus ipsum M. unum Pomarium modo forma sequen videlicet Precipe M. T. Ar. quod juste c. reddat J. D. unum Mesuagium unum Gardinum unum Pomarium c. cum pertin inter alia in G c. ubi secundum cursum formam Registri hoc verbum Pomarium in aliquo brevi de placito Terre secundum naturam ejusdem brevis nunquam ponitur quia hoc verbum Gardinum secundum cursum formam Registri semper comprehendit in se Pomarium undo ex quo c. New Book of Entries intituled Formule bene placitandi Title Abatement A Writ of Entry therefore cannot be brought de Pomario for the Reasons above nec de Fossato Stagno nec de Advocatione decimarum unius Curucat Terre nec de Homagio fidelitat nec de serviciis faciendis nec de bovat Marisci nec de Selione terre for the incertainty because a Selion which is a land containeth sometimes an acre sometime half an acre sometimes more and sometimes less it cannot be had of a Croft nor of a yard land virgata Terre nec de Fodina de Minera nec de Mercatu for they lye not in demesne but gain nec de superiori camera 3 H. 6. fo 1. A Writ of Entry ought not to contain the same thing twice as a Mesuage and an House parcel of the same Mesuage 3 Ed. 4. fo 28. 46 Ed. 3. fo 26. nor to name a Town and a Hamlet within the same Town 22 Ed. 3. fo 11. 41 Ed. 3. fo 22. but the Practice is otherwise at this day Of Common Recoveries upon Writs of Entry in le Post Their Forms c. ss Midd. ss PRecipe Roberto Bellingham generoso A Precipe to be entred upon the Remembrance Single Voucher Cornelio Bellingham generoso quod j●ste c. reddant Alexandro Houghton generoso decem Mesuagia decem Tofta unum Columbare decem Gardina Centum acras Terre quadraginta acras Prati septuaginta acras Pasture cum pertin in A. C. L. N. B. que clam c. Write thus in the Margin ss Tenentes in propriis personis voc ad War Edmundum Clent ss Kanc. ss PRecipe Jacobo Hart generoso quod The like Double Voucher juste c. reddat Isaaco Burdet generoso unum Mesuagium tres acras Terre tres acras Prati viginti acras Pasture cum pertin in Deptford alias Detford alias West Greenwich que clam

quando c. Et dic quod predictus Hugo non disseisivit prefatum Thomam Thompson Richardum de Tenementis Communia predictis cum pertin prout iidem Thomas Richardus per breve narrationem sua predicta superius suppon Et de hoc pon se super patriam c. Et predict Thomas Thompson Richardus pet licentiam inde interloquend Et habent c. Et postea iidem Thomas Thompson Richardus reven hic in Curia isto eodem Termino in propriis personis suis Et predictus Georgius licet solempniter exact non reven set in Contemptum Curie recessit Et defalt fac Ideo consideratum est quod predicti Thomas Thompson Richardus Recuperent seisinam suam versus prefat Henricum Georgium Thomam Hesletyne de Tenementis Communia predictis cum pertin Et quod iidem Henricus Georgius Thomas Hesletyne habeant de terra predicti Roberti ad valentiam c. Et quod idem Robertus ulterius habeat de Terra predicti Georgii Ad valentiam c. Et idem Georgius in misericordia c. Et super hoc predicti Thomas Thompson Richardus pet breve domini Regis Vic. Com. predicti dirigend de habere faciend eis plenariam seisinam de Tenementis Communia predictis cum pertin Et eis conceditur Seizen awarded returnable Indilate retornabile hic indilatè Postea scilicet vicesimo Octavo die Novembris isto eodem Termino ven hic in Curia predicti Thomas Thompson Richardus in propriis personis suis Et Vic. videlicet Robertus Walters Armiger modo Mand. quod ipse Virtute brevis illius sibi directi Vic●simo sex●o die Novembris ult preterito habere fecit prefatis Thome Thompson Richardo plenariam seisinam de Tenementis Communia predictiis cum pertin prout per breve illud sibi preceptum fuit c. Mich. xij● Caroli Secundi Regis rot 187. ALias prout patet Termino S. Trinitaiis ult preterito Rotulo xij Continetur sic York ss WIlliam Sympson Gent. in his proper Entry of a Recovery by Alias prout patet after Summons for Lands in two Towns where two are Vouched one for Lands in one Town and the other for Lands lying in another Town person demandeth against William Savage and William Birley one Mesuage thirteen acres of Land four acres of Meadow thirteen acres of Pasture and Common of Pasture with th' appurtenances in Sheffeild in Brightside as his right and Inheritance and into which the said William Savage and William Birley have not Entry but after the disseisin which Hugh Hunt thereof injustly and without Iudgment made to the said William Simpson within thirty years c. And whereupon they say That they were seized of the Tenements and Common aforesaid with th' appurtenances in their Demesne as of Fee and Right in the time of peace in the time of the now Lord the King Taking the profits thereof to the value c. And into which c. And thereof he bringeth Suit c. And the said William Savage and William Birley by William Lambe their Attorney come and defend their Right when c. And as to one Mesuage ten acres of Land two acres of Meadow and ten acres of Pasture and Common of Pasture with th' appurtenances in Brightside parcel of the Tenements and Common aforesaid above-demanded Vouch to Warrant James Rawson and as to three acres of Land two acres of Meadow and three acres of Pasture and Common of Pasture with th' appurtenances in Sheffeild residue of the said Tenements and Common above-demanded the said William Savage and William Birley Vouch to warrant Richard Burrows and Mary his wife to be Summoned respectively in the County aforesaid Let them have them here from the day of Saint Michael in one Month by the Aide of the Court c. the same day is given to the Parties aforesaid here c. Et modo hic ad hunc diem scilicet ad predictum Mensem S. Michaelis ven tam predictus Willielmus Sympson in propria persona su● quam predicti Willielmus Savage Willielmus Birley per Attorn suum predictum Et predictus Jacobus Sum. c. per Williel Crashaw The first Vouchee warants one part in one Town Attorn suum Et predicti Richardus Maria Sum. c. per Johannem Bellamy Attorn suum similiter ven Et predictus Jacobus gratis Tenementa Communiam predicta cum pertin in Brightside predicta de tenementis Communia predictis cum pertin superius petit unde ipse superius vocabatur ad War eisdem Willielmo Savage Willielmo Birley War c. Et super hoc predictus Willielmus Sympson pet versus ipsum Jacobum Tenen per War suam eadem Tenementa Communiam cum pertin in Brightside predicta in forma predicta c. Et unde dic quod ipsemet fuit seifitus de eisdem Tenementis Communia cum pertin in Brightside predicta in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc Capiend inde exples Ad valentiam c. Et in que c. Et inde produc sectam c. Et predicti Richardus Maria gratis Tenementa The second Vouchee warants another part in another Town Communiam predicta cum pertin in Sheffield predicta de Tenementis Communia predictis cum pertin superius petit resid unde ipsi superius vocabantur ad War eisdem Willielmo Savage Willielmo Birley War c. Et super hoc predictus Willielmus Sympson pet versus ipsos Richardum Mariam Tenen per War suam eadem Tenementa Communiam cum pertin in Sheffield predicta in forma predicta c. Et unde dic quod ipsemet fuit seisitus de eisdem Tenementis Communia cum pertin in Sheffield predicta in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc Capiend inde Exples Ad valentiam c. Et in que c. Et inde produc sectam c. Et predictus Jacobus Tenens per War suam de Several Demands against the Common Vouchee for two parts eisdem Tenementis Communia cum pertin in Brightside predicta de Tenementis Communia predictis cum pertin superius petit unde ipse superius vocabatur ad War defend jus suum quando c. Et ulterius voc inde ad War Georgium Humston qui similiter presens est hic in Cur. in propria persona sua Et gratis eadem Tenementa Communiam cum pertin in Brightside predicta ei War c. Et super hoc predictus Willielmus Sympson petit versus ipsum Georgium Tenen per War suam eadem Tenementa Communiam cum pertin in Brightside predicta in forma predicta c. Et unde dic quod ipsemet fuit seisitus de eisdem Tenementis

of Twenty pounds per annum of good and lawful Moneys of England to be issuing and going out of the aforesaid Messuages and Premises with the Appurtenances to have hold receive and enjoy the said Annuity of Twenty pounds per annum and every part and parcel thereof unto the said C. D. his Executors Administrators and Assigns from the Feast of c. next ensuing the Date hereof unto the full end and term of One and thirty years from thence next ensuing and fully to be compleat and ended at the Feast of St. Michael the Archangel and the Annunciation of St. Mary the blessed Virgin by even and equal portions yearly to be paid during the term aforesaid And if it shall happen the said Clause of Distress yearly Rent of Twenty pounds or any part thereof to be behind or unpaid in part or in all by the space of twenty Dayes after either of the said Feasts or Dayes of payment being lawfully demanded that then and from thenceforth it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns into the said Messuages and Premises and every part and parcel thereof to enter and distrain and the Distress and Distresses there to be found and taken lawfully to lead bear drive and carry away and the same to detain and keep until he the said C. D. his Executors Administrators and Assigns shall be fully paid and satisfied the said Annuity or yearly Rent and all and every the Areres thereof c. 9. This Indenture c. Between A. B. and E. To leavie a Fine Sur concessit his Wife on the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators and for the said E. his wife covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. and E. his wife shall and will before the end of this present Term of St. Hillary leavy one Fine Sur concessit with Proclamations in due form of Law before his Majesties Justices of the Common Pleas Court at Westminstor in the County of Midds unto the said C. D. of all the Mannors c. and the Revertion and Revertions Remainder and Remainders of all and singler the premises and of every part and parcel thereof And all Rent and Rents and yearly services and other profits whatsoever reserved and payable upon every demise and demises Leases Grants and Conveyancies whatsoever made and granted of the premises or any part or parcell thereof by such name and names quantities and qualities as shall be thought meet and ● 10. This Indenture c. Between A. B. and E. To sue fortha Recovery with double voucher his wife of the first part C. D. and E. F. of the second part and G. H. on the third Part Witnesseth these presents that it is mutually and respectively covenanted and concluded by and between the said Parties to these presents And the said A. B. doth for himself his Heirs Executors and Administrators and for the said E. his wife covenant and agree to and with the said G. H. his Heirs Executors and Administrators by these presents That he the said A. H. and E. his wife shall and will on this side and before the Feast of c. Tenent to the precipe made by Fine now next ensuing leavy and acknowledg o●e Fine sur cognizance de droit come ●co quc ils ont de lour done c. in due form of Law with Proclamations to be had and made according to the common course of Fines in such cases used and the Statu●e in that behalf made and provided before the Justices of our Sovereign Lord the King of his Majesties Court of Common Pleas at Westminster or before some other competent person or persons thereunto lawfully and sufficiently authorized to the said C. D. and E. F. and their Heirs of all that the Mannor of S. in the County of B. and of all Messuages Lands Tenements and Hereditame●ts whatsoever which are or are reputed part or parcol of the said Mannor or belonging or appertaining thereunto by such name or names quantities qualities contents and numbers of Acres and in such manner and form as by the said G. H. his Heirs of Assigns or his or their Council learned in the Law shall be reasonably devised advised or required which said Fine so or in any other manner to be levied and acknowledged between the said Parties shall be and shall be construed reputed and taked to be to and for the use of the said C. D. and E. F. and their Heirs to the only end intent and purpose that the said C. D. and E. F. shall and may stand and be full and perfect Tenents of the Freehold of the said Mannor Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be leavied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the said Mannor Messuages Lands and Premises against the said C. D. and E. F. and their Heirs according to the true intent and meaning of these presents and the Parties thereunto 11. And it is further covenanted concluded To suffer a Recovery upon a writ of entry en le post and agreed by and between all the said Parties to these presents and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. before the Feast of c. next ensuing the Date hereof by Writ or Writs of entry Sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our said Sovereign Lord the King of the Court of Common Pleas at Westminster in the name of the said G. H. demandant against the said C. D. and E. F. being Tenents to recover to them and their Heirs in due form of Law according to the usual form of common Recoveries for assuring of Lands Tenements and Hereditaments against the said C. D. and E. F. and the surviver of them then Tenent or Tenents of the premises All and every the said Mannor Lands and Premises withal and singular their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained or thus by such name of names and under such number and contents of Acres a●d in such manner and form as shall be advised by the Council of the said G. H. unto which said Writ of entry Sur disseisin en le post so to be brought as aforesaid the said C. D. and E. F. shall appear gratis And then and immediately after appearance and defence made shall and will in the said action vouch to warranty the said A. B. and E. his

mentioned to be grantel was taken and had by the within named E. F. for and in the name of A. B. within mentioned and afterwards was for and in the name of the said A. B. delivered by the said E. F. unto the within named C. D. according to the authority within given To hold to him the said C. D. his Heirs and Assigns according to the form and effect of this present Deed in the presence of those whose names are hereunder written 4. In case the liberty be made by force of a Another Letter of Attorney not mentioned in the Deed Then the indorsement may be thus Memorandum That full quiet and peaceable possession of all and every the Messuage and Lands within mentioned to be granted was taken and had by I. H. the Attorney of the within named A. B. by force and vertue of a Letter of Attorney to the said I. H. in that behalf made by the said A. B. bearing Date the c. for and in the name of the said A B. and was afterwards by the same authority for and in the name of the said A. B delivered by the said I. H. unto one G. H. the Attorney of the within named C. D. thereunto lawfully authorized by force and vertue of one Letter of Attorney made by the said C. D. unto the said G. H. in that behalf bearing Date the c. according to the form and effect of this present Deed the 20th Day of March Anno Domini 1665. in the presence of those Persons whose names are hereunto subscribed 5. Memorandum That the within named E. F. Attornement lessee of all and every the Messuage and Lands within mentioned having heard this present Indenture read and taken perfect notice and knowledg thereof and of all the contents thereof doth consent and agree thereunto and doth Attorn Tenent to the within named C. D. for the said Messuage Lands and Premisses the 20th Day of c. Anno Domini 1666. in the presence of those whose names are hereunto subscribed 6. Memorandum That the within named E. F. Another lessee of all and every the Messuage and Lands within mentioned after the sealing and delivery of these presents and perfect notice thereof taken by him and of the contents thereof did the Day of c. in the Year within mentioned Attorn unto the within named C. D. upon the said grant according to the form and effect thereof by the payment of two Pence of lawful Money of England in the name of Attornement in the presence of c. 7. Memorandum That R. C. of c. Gentleman Another and the rest of the Tenents and Farmers of the within mentioned Premisses by virtue of several Leases made unto them by the within named A. B. having all of them had perfect notice of this present grant did severally Attorne and become Tenents of and for their several and respective interests in the Premisses to the within named C. D. this present Tenth Day of c. in the Year within written and the said Tenents have every of them given unto the said C. D. one Penny in the name of Attornement in the presence of c. 8. This Indenture made the c. Between An Attornement by a Collateral Deed. A. B. of the one part and C. D. of the other part Whereas the said A. B is seized in his demesne as of freehold for and during the the Term of his natural Life of and in c. by Vertue of a Lease to him thereof made by I. K. of c. Esquire by his Indenture bearing Date the c. And whereas the said I. K by his Deed indented bearing Date the c. Hath granted the said Messuage Lands and Premisses with the Appurtenances and the Revertion thereof to the said C. D. as in and by the said Indentures more at large appeareth Now this Indenture witnesseth that the said A B. for divers good reasonable causes and considerations him hereunto moving Hath consented agreed attorned and become Tenent and by these presents doth consent agree attorne and become Tenent to the said C. D. and to the said grant to him made of the said Messuage Land● and Premisses and the Revertion thereof and in the name of Attornment and seisin of the Rent reserved upon the said Lease thereof hath at and before the making of these presents paid to the said C. D. one half years Rent due for the said Messuage Lands and Premisses at our Lady-Day last Which the said C. D. hath accepted of and from the said A. B. as from his Tenent and in name of seisin thereof and Attornement to the said grant to him thereof made as aforesaid accordingly In witness whereof the Parties above named c. Livery and Attornement together 9. Memorandum that the 4th Day of May in the Year of our Lord 1665. Peaceable and quiet possession and seisin of the Mannor Messuages Lands Tenements and Hereditaments within specified was taken had and delivered by the Attorneys within named to the within named C. D. according to the tenor and true meaning of this present Indenture and likewise the Day and Year abovesaid E. F. G. H. and I. K. c. being Tenents of the Premisses by several Leases to them made of their respective Tenercies did severally attorn Tenents to the said C. D. according to this present grant whereof they and every of them had full and perfect notice at the Time of their said respective Attornements All which was done in presence of the persons whose names are hereunto subscribed CHAP. VII The Forms of limitations of Uses vide before Chapter the 5th the several Forms of introducing Uses upon Fines Recoveries and Conveiances Now follows the limitations of the Uses 1. ANd it is covenanted granted concluded Limitations for Life condiscended and fully agreed by and and between all the said Parties to these presents for themselves and their Heirs respectively That the said Fine or Fines Recovery or Recoveries conveiances and assurances to be had made and executed according to the purport and true meaning of these presents of and in the said Mannors Lands Tenements Hereditaments and Premisses and every of them and the execution thereof shall be and for ever shall be adjudged deemed and taken to be And also that the said C. D. and E. F. and their Heirs and the Survivor of them and his Heirs shall stand and be seized of and in all and singular the said Mannors Lands Tenements Hereditaments and Premisses and of and in every part and parcel thereof with the Appurtenances to and for the several and only uses behoofs intents and purposes and upon and under the limitations Provisoes conditions liberties and agreements hereafter mentioned That is to say of in and to all that Capital Messuage or Tenement with the Appurtenances being parcel of the Premisses commonly called or known by the name of c. scituate and being in F. aforesaid in the said

to the use and behoof of the Heirs of the Body of the said A. B. and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever And as to such part of the Premisses as shall not be so demised or leased by the said A. B. at the time of his death to the use and behoof of the Heirs of the Body of the said A. B. and for want of such Issue to the use and behoof of the right heirs of the said A. B. for ever CHAP. IX Rents Annuities and Portions assured out of the limitation of Vses 1. TO the use of the said A. B. for and during An Annuity for a Charitable use the Term of his natural life And from and after the decease of the said A. B. to the use and behoof of the said C. B. his Heirs and Assigns for ever Provided always that he the said C. B. his Heirs and Assigns shall and do yearly and every year from and after the decease of the said A. B. for and towards the relief maintenance and sustenance of the poor aged and impotent People within the Parishes of B. and R. in the County of M. content and pay or cause to be contented and payed unto the Vicar of the said Parish of B. for the time being and unto his Successors for ever at or in the Church Porch of the Parish of B. aforesaid the sum of Ten pound per annum of lawful Moneys of Ten pound per Ann. to the Poor payable to the Vicars of the Parishes England And also unto the Vicar of the Parish Church of R. aforesaid and his Successors for ever at or in the Porch of the said Parish Church of R. the like sum of Ten pound per annum of like Moneys The said several sums or yearly payments to be made on the Feast Days of Thannunciation of Saint Mary the blessed Virgin and of Saint Michael Tharchangel by even and equal portions and the first payment of the said several sums to begin and be made at and upon such of the said Feasts which shall first and next happen from and after the decease of the said A. B. To the end intent and purpose that the several and respective Vicars together with the several and respective Church wardens for the time being of the said several Parishes of B. and R. and their respective Successors or any two of them for ever within their several Parishes shall yearly at and upon the Feasts of c. distribute or cause Distribution of the Mony given to be distributed the said several sums unto the poor and impotent people inhabiting within the said several Parishes And if the said A. B. his Heirs and Assigns do not content and pay or cause to be contented and paid the said several sums of c. according to the true intent and meaning of this Proviso Then he the said C. B. his Heirs and Assigns shall forfeit unto the Vicars of every of the said Parishes of B. and R. and their Successors for the time being severally and respectively where any such default shall happen to be the sum of Ten shillings Nomine poe●ae Nomine poenae for every such default and so often as the same shall happen and shall not incur any other penalty or forfeiture by implyed Condition or Limitation or any other thing in these presents contained 2. And it is Covenanted concluded and To stand seized to the use of the ●icars un●il payment fully agreed by and between the Parties to these presents and every of them and for their and every of their Heirs and Assigns And the true intent and meaning of all and every Feoffment and other Conveyances and Assurances of the before-mentioned Premisses made shall be deemed esteemed and taken to be that the said C. D. the Feoffees E. F. c. and the Survivors and Survivor of them their Heirs and Assigns shall upon default of Payment made by the said C. B. his Heirs and Assigns of the said several sums of c. contrary to the true intent purport and meaning of this Proviso stand and be seized of the before-mentioned Premisses unto the use Alteration of the use upon Nonpayment and behoof of the said Vicars of every of the said Parishes and their Successors severally and respectively where any such default shall happen to be for during and until they the said Vicars and their Successors of every of the said Parishes of B. and R. for the time being for the several defaults unto every of them made shall have severally had levyed and received as well the said several sums of c. before by these presents appointed to them to be paid with all and every the arrearages thereof as also the said several penalties of c. Nomine poenae for every default of the said C. B. his Heirs and Assigns made 3. This Indenture c. Bet●een A. B. of Another for a Rent during life with clause of ●ntry and to hold the Land for life in case it be arrear the first part C. D. and E. F. of the second part and G. H. of the third part first let there be a Covenant from A. B. to levy a Fine sur Cognizance de droit come ceo c. of all that Mannor of c. to C. D. and E. F. Then add Now witnesseth this present Indenture and it is declared and agreed by and between all the said Parties to these presents that the said Fine so to be had and levyed or in what manner or form soever the same shall be had and levyed shall be and inure and the said C. D. and E. F. and their Heirs and Assigns shall by force thereof stand and be seized of the said Lordship and all other the Premisses to the uses intents and purposes hereafter mentioned That is to say To the end intent and purpose that the said G. H. and his Assigns shall and may yearly during his natural life lawfully and peacably have perceive and take out of the said Lordship and Mannor and all other the Premisses One Annual Rent of One hundred pounds of lawful Moneys of England at two Days or ●easts in the year that is to say At the Feast of Th' annunciation of Saint Mary the blessed Virgin and of Saint Michael Th'archangel by even and equal portions the same to be yearly payed unto him at the said Feasts by the said A. B. his Heirs and To enter and hold for life upon Non-payment Assigns during the natural life of the said G. H. at or in the Middle Temple-Hall London And further to the end intent and purpose That if it shall happen the said ●early Rent or any part thereof to be behind or unpayed at the place of payment aforesaid by the space of twenty days next after either of the said Days of payment That then it shall and may be lawful to and for the said G.

H. and his Assigns into the Premisses to enter and the same to have hold and enjoy for and during the Term of his natural life And to and for that purpose it is agreed by and between all and every the Parties to these presents for them their Heirs and Assigns that after such default of payment and En●ry made The Fine to inure accordingly the said Fine shall be and shall be deemed and taken to be to the use of the said G. H. and his Assigns for and during the term of his natural life And further it is also agreed by and between the said Parties to these presents for them their Heirs and Assigns that the said Fine as to the said Lordship and Mannor and all other the Premisses before-mentioned to be The use of the Fine to A. B and his heirs subject to the Rent c. Another for a Rent for 2 lives with clause of Distress and also to change the use upon Non-payment thereby conveyed and assured to the said C. D. and E. F. their Heirs and Assigns shall be and inure to the use of the said A. B. his Heirs and Assigns for ever under upon and subject unto the said Rent Condition r●entry limitation intent and purpose herein before mentioned and expressed and according to the intent and true meaning of these presents 4. Let an Indenture be made between A. B. of the first part C. D. and E. F. of the second part and C. B. younger Son of the said A. B. and M. his wife of the third part whereby A. B. is to Covenant by Fine or other Assurance to convey the Mannor of c. and several Messuages and Lands to C. D. and E. F. Then add Now further witnesseth this present Indenture And it is hereby Covenanted declared and agreed by and between the said Parties to these presents That of for and concerning all that Messuage or Tenement and four Closes c. being parcel of the Hereditaments and Premisses so to be conveyed as aforesaid and being of the clear yearly value of Forty pound per Annum over and above all Charges and Reprises the said Conveyance and Conveyances so to be had and executed as aforesaid shall be and shall be deemed and taken to be and inure and the said C. D. and E. F. and the Survivor of them and his Heirs shall stand and be seized thereof and of every part and parcel thereof to the use intent end and purpose That the said C. B. and M. his wife and their Assigns and the Survivor of them his or her Assigns shall and may yearly from and after the making hereof for and during the natural life and lives of them and of the Survivor of them perceive receive take and enjoy one yearly Rent or sum of Thirty pounds per Annum of lawful Moneys of England to be issuing going and payable out of the said last mentioned Messuage or Tenement and Closes at two several Feast Days in the year that is to say Th● Feast of Th' annunciation of Saint Mary the blessed Virgin and the Feast of Saint Michael Th'archangel by even and equal portions The said Rent to be paid as aforesaid by the said A. B. his Heirs and Assigns 5. And that in default of Payment thereof Clause of Distress or of any part thereof at any of the Feasts or Days of payment aforesaid contrary to the tenor and true meaning of these presents That then and so often it shall and may be lawful to and for the said C. B. and M. his wife and the Survivor of them and their and either of their Assigns into the said Messuage or Tenement and Closes to enter and distrain for the said yearly Rent of Thirty pound per Annum or any part thereof and for the arrearages thereof if any shall be and the Distress and Distresses there taken and had to lead drive take and carry away impound detain and keep until they and every of them of the said yearly Rent or sum of Thirty pound and of the arrearages thereof if any such shall be be fully satisfied and paid 6. And if it shall happen the said yearly To change the Use to the persons that should have the Rent upon non-payment Rent or sum of Thirty pounds or any part thereof to be behind or unpaid by the space of twenty days next ensuing after any of the Feast days aforesaid the said Conveyance and Conveyances so Covenanted and intended to be had and executed as aforesaid of all and every the Hereditaments and Premisses aforesaid and the execution thereof shall be and enure and shall be adjudged deemed and taken to be and enure as to the said Messuage and four Closes only and the said C. D. and E. F. and the survivor of them and his Heirs shall stand and be seised of and in the said Messuage and four Closes and of and in every part and parcel thereof with the Appurtenances to the use and behoof of the said C. D. and M. his Wife and of their Assigns for and during the term of their natural lives and of the longer liver of them And also to such The Use of the Land further use and purpose that the said C. D. and E. F. their and either of their Heirs shall likewise stand and be seised of the said Messuage and four Closes charged and chargeable nevertheless with the said Rent of Thirty pounds per annum and Distress and Limitation for and in respect of the same made as aforesaid and of and in all and every the rest and residue of the said Mannors Messuages Lands Tenements and Hereditaments and every part thereof with the Appurtenances whereof no Vse is formerly limited or appointed to the use and behoof of the said A. B. his Heirs and Assigns for ever 7. To the Vses following that is to Another say to the Vse intent and purpose That the said C. B. who is the Son of the Feoffor or Cognizor and his Assigns shall and may have perceive and take from time to time during his life only yearly Rent of Fifty pounds of lawful moneys of England to be issuing and going out of all and singular the said Messuage Lands and Premisses and to be paid at four several Feasts or days in the year that is to say The Feast of St. Michael the Archangel the Nativity of our Lord and Saviour Jesus Christ the Annunciation of St. Mary the Blessed Virgin and the Feast of St. John the Baptist by even and equal portions the first payment to begin at c. And if it shall happen the said yearly Rent to be Distress behind or unpaid in part or in all after either or any of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then and so often it shall and may be lawful to and for the said C. c. to enter and distrain The Use as to the Lands viz. to

Feoffor until default of payment and after to the use of him that should have had the Rent Another Form First By limiting the Lands to Uses chargeable with the Rents and after the Rent it self c. vide Sect. 5. And as touching and concerning the said Messuage and Lands Charges with the said Rent as aforesaid saving and reserving the said yearly Rent of Fifty pounds unto the said C. B. and his Assigns according to the Estate to him thereof and therein before limited and saving and preserving liberty for him the said C. B. to enter and distrain on the Premisses or any part thereof for non-payment of the said Rent as aforesaid to the use and behoof of the said A. B. his Heirs and Assigns until default of payment of the said yearly Rent or any part thereof by the space of one Moneth next following after either or any of the said Feasts or days of payment And from and after such default of payment to be made as aforesaid to the use of the said C. B. and his Assigns for and during the term of his natural life And from and after his decease then to the use of the said A. B. his Heirs and Assigns forever 8. This Indenture c. Between A. B. of the first part C. D. E. F. and G. H. of the second part and C. B. Son and Heir apparent of the said A. B. and M. the now Wife of the said C. B. of the third part Whereby A. B. is to Covenant to levy a Fine or make a Feoffment c to C. D. E. F. and G. H. Then add And it is hereby declared and agreed by and between all the said parties to these presents That the said Fine c. so to be levied as aforesaid shall be and enure c. and then set down the Vses of part of the Mannors Messuages and Lands contained in the Fine or other Conveyance Then proceed thus And of for and concerning all and singular the rest and residue of the said Mannors Messuages Lands Tenements Hereditaments and Premisses whereof the said Fine or Fines before by these presents is Covenanted to be levi'd by the said A. B. as aforesaid other then such only whereof the several Estates and Vses are severally expressed limited and declared before by these presents To the Uses chargeable with the Rent use and behoof of him the said A. B. and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste nevertheless to be charged and chargeable with such yearly Rents or sums of money and Distresses for the same as shall be hereafter in these presents limited and expressed according to the true intent and meaning of these presents and after the decease of the said A. B. then to the use and behoof of the said C. B. and M. his Wife and the Heirs of their bodies lawfully begotten and to be begotten charged and chargeable as aforesaid And for default of such Issue then to the use and behoof of D. B. second Son of the ●●id A. B. and of the Heirs males of the body of the said D. B. lawfully to be begotten to be charged nevertheless and chargeable with the yearly Rents Payments and Distresses hereafter mentioned and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever to be charged likewise and chargeable as aforesaid 9. Provided nevertheless and it is the C●gnizees to stand seised for the assurance of Rents true intent and meaning of all and every the said Parties and of these presents That the said Fine and Fines to be levied of the said Mannors c. shall be and enure and the said C. D. E. F. and G. H. and their Heirs and the survivors and survivor of them and his and their Heirs shall stand and be seised of and in the said Mannors or Lordships of c. being of the clear yearly value of Three hundred pounds as well to and for the assurance of such Rents and Payments as hereafter in these presents are expressed as also to and for the use intent and purpose That the several person or persons to And the parties upon default may distrain whom the said Rents and yearly Payments are hereafter limited and appointed or that shall or may hereafter be intitled to have and receive such Rent or Rents by force of any the Limitations and Appointments herein after contained or any Power or Authority hereafter given and expressed may upon default of payment of the said Rent or Rents or yearly Payments enter and distrain on the said Mannors c. as hereafter is set down and expressed and according to the true intent and meaning of these presents that is to say to the end intent and purpose That if the said A. B. during the term of his natural life or his Assigns shall not or do not yearly well and truly content satisfie and pay unto the said C. B. and M. his Wife and the survivor of them during the natural life of the said A. B. the yearly Rent or sum of Fifty pounds of good and lawful money of England at two Feasts or days in the year that is to say at the Feast of the Annunciation of St Mary the Blessed Virgin and St. Michael the Archangel by even and equal portions That then and so often as the said yearly Rent or Payment of Fifty pounds or any part or parcel thereof shall so fortune to be b●h●nd and unpaid it shall and may be lawful to and for the said C. B and M. his W●fe or either of them their or either of their Assign or Assigns Deputy or Deputies at all times during the life of the said A. B. into all and singular the said Mannors c. with the Appurtenances and into every or any part or parcel thereof to enter and distrain as well for the said yearly Rent or payment of Fifty pounds or any part thereof so to be behind or unpaid as aforesaid As also for the Arrearages of the same and of every or any part thereof if any shall fortune to be behind or unpaid as aforesaid and the Distress and Distresses so there to be taken to lead drive take carry away impound and with them or either or any of them to detain and keep until such time as the said yearly Rent or payment of Fifty pounds and every part and parcel thereof so to be behind or unpaid as aforesaid and the Arrearages thereof if any shall happen to be behind or unpaid be unto them or some or one of them fully contented satisfied and paid 10. Provided also and it is also Covenanted Proviso to give Tenant for life power to grant Rents granted concluded and agreed by and between all the said Parties to the presents That it shall and may be lawful to and for the said A. B. at any time or times during his natural life by any

Deed or Deeds in writing under his Hand and Seal duly executed or otherwise by his last Will and Testament in writing to grant assure limit devise or appoint to every or any the younger Sons of the said A. B. of his body lawfully begotten or to be begotten for term of life only of every such younger Son or Sons such yearly Rent charge or Rents charge to be issuing out of the said Mannors c. with a clause of Distress in or upon the said Mannors or any part thereof for every such Rent or Rents as unto the said A. B. shall be thought meet So that the said Rent or Rents to be granted assured or devised in the whole exceed not the yearly sum or yearly payment of One hundred pound And that in Cognizees to stand seized to assure Grants made of Rents every such case the said C. D. E. F. and G. H. their Heirs and Assigns shall stand and be seized of the Premisses to the further use purpose and intent that such younger Son or Sons to whom such Rent or Rents shall be granted or devised as aforesaid shall and may have perceive and enjoy the said yearly Rent or Rents according to the purport and effect of such Grant and Grants Devise or Devises and shall and may Distrain for the said yearly Rent and Rents and for the Arrearages thereof so often as the same shall happen to be behind or unpayed in and upon the said Mannors c. out of which the same shall be limited and appointed and which shall be made chargable therewith by such Deed or Deeds or last Will as aforesaid 10. Provided alwaies and it is granted Power to make Leases for raising of Portions for Daughters Covenanted concluded condescended and agreed by and between all the said Parties to these presents and it is the true intent and meaning of these presents and of all the said Parties thereunto that it shall and may be lawful to and for the said A. B. being the Feoffor to whom an Estate for life is limited with Remainders over c. during the Term of his natural life by Deed or Deeds Indented to be by him sealed and duly executed in the presence of two or more credible Witnesses to make any Lease or Leases Demise or Demises of all or any part of the said Mannors Lands Tenements and Premisses with Th' appurtenances for the term of One and twenty years or under with reservation of Rent or without reservation of Rent at his will and pleasure unto any person or persons whatsoever The Trust to raise portions upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said A. B. shall happen to have and not otherwise provided for that is to say If one Daughter onely then for the raising of Fifteen hundred pounds for that Daughter and if more than one Daughter then for the raising of Seven hundred pound a piece for each and every one of the said Daughters and that all and every such Lease and Leases Demise and Demises so to be made as aforesaid shall be good and effectual in the Law to all intents and purposes and that the said Fine or Fines so as aforesaid or in any other sort to be levyed shall be and inure and the Cognizee and Cognizees therein named his and their Heirs shall stand and be seized of and in such part and so much of the said Mannors Messuages Lands and Premisses as shall be so demised or leased as aforesaid and of every part and parcel thereof to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be Demised or Granted as aforesaid And after the end and determination of the Estate and Estates in such Demise or Demises Lease or Leases to be contained and as the same shall severally end and determine to the use of such person and persons to whom the same ought to remain and come by the true intent and meaning of these presents 11. After a Limitation to A. the Cognizor A Limitation of part to the Cognizees to pay Portions for life and with Remainder in Tail to his Sons as to part of the Mannors c. in the Fine contained and as to the other part after a Limitation to E. B. Wife of A. B. for life if she survive her Husband for her Ioynture Then add And as for and concerning all and singular the Premisses before limited to and for the Ioynture and Livelyhood of the said E. B. with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof from and after the decease of the said A. B. and E. B. his Wife to the use and behoof of the said C. D. E. F. and G. H. their Executors Administrators and Assigns for and during the term of One and twenty years from thence next ensuing and fully to be compleat and ended upon Trust and confidence and to the uses intents and purposes hereafter mentioned limited and declared in and by these presents viz. That in case the said A. B. shall at the time of his decease have living one two or more Daughters of his Body on the Body of the said E. B. lawfully begotten or to be begotten that shall not be then prefer'd in Marriage or if the said A. B. shall at the time of his decease leave the said E. B. with Child with one or more Daughter or Daughters who shall after be born alive that then the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors Administrators and Assigns out of the Rents Issues and profits of the said Messuages Lands Tenements and Hereditaments with Th' appurtenances so to them limited and appointed for The Portions to be paid years as aforesaid shall raise and levy so soon as conveniently may be for the portion of such Daughter if there be but one the sum of One thousand pounds of lawful Moneys of England to be payed to such onely Daughter at her age of Eighteen years or day of Marriage which shall first happen or so soon after as the said sum of One thousand pounds can be raised as aforesaid And if there shall be two Daughters The sum of Five hundred pounds a piece or if there be three or more Daughters the sum of Three hundred pounds a piece to be payed to them respectively and severally at their several and respective Ages of Eighte●● years or days of Marriage which shall first happen or so soon after as the same can conveniently be raised as aforesaid 12. And upon this further trust and confidence If Daughters die before Portions paid how to dispose the Moneys And to the intent and purpose that if it shall happen the

aforesaid And for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 3. Provided always That it shall and may Power for Tenant for life to make a Joynture be lawful to and for the said A. B. at any time or times hereafter during his natural life by his Deed or Deeds in his life time lawfully executed to assure appoint limit and convey to any lawful Wife or Wives which the said A. B. shall hereafter fortune to Marry in case he survive the said E. F. for term of the life onely of such Wife or Wives for or in the Name of the Joynture or Joyntures of such Wife or Wives one full third part or less or so much as shall amount to a full third part of all the said Messuages Lands and Premisses And also that it shall and may be lawful to and for the said A. B. To convey Rents to younger Sons during the term of his natural life by any Deed or Deeds in writing under his Hand and Seal or otherwise by his last Will and Testament in writing to grant assure limit devise and convey to every or any the younger Sons of the said A. B. of his Body lawfully begotten or to be begotten for term of the life or lives of such younger Son or Sons such yearly Rent charge or Rents charge with a Clause of Distress for every such Rent as unto the said A. B. shall be thought meet and convenient to be yearly issuing and going out of all and every the said Messuages Lands c. or any part of them from and after the decease of the Survivor of them the said A. B. and E. his wife so that the said Rent or Rents so to be granted limited or devised as aforesaid do not exceed the sum of sixty pounds per annum in the whole 4. And further that it shall and may be To make Leases to younger Sons lawful to and for the said A. B. at any Time or Times during his natural life to make any Lease or Leases unto every or any of his younger Son or Sons for the Term of one and twenty years or under in Possession or Reversion of all or any the said Messuages Lands c. whereof the said Fine or Fines before mentioned is Covenanted to be levyed by the said A. B. or any part or parcel thereof the said Lease or Leases to commence immediately from and after the decease of the Survivor of them the said A. B. and E. his wife charged and chargable nevertheless with such Rent and Rents sum and sums of Mony or payments as before or after in these presents are appointed declared or limited to be had levyed or issuing out of the Premisses or any part thereof in such sort as in these presents is mentioned and declared so that the same Lands Tenements and Hereditaments so to be Demised or Leased to any of the said younger Sons do not exceed in the whole the yearly value of c. per annum over and above the Rent or Rents reserved upon such Lease or Leases and so as upon every such Lease and Leases so to be had and made as aforesaid the old and accustomed yearly Rents Customs and Services be reserved to be yearly payable and done during the continuance of every such Lease and Leases at the Days and Times formerly used And so that the same Lease and Leases or any of them to be made as aforesaid be not without impeachment of Waste Here may be another Proviso to impower him to grant Rents to Servants c. 5. * The Fines to be and inure for payment of the Rents and advantage of the Lessees And it is Covenanted granted concluded and agreed by and between the said Parties to these presents That the said Fine and Fines so to be levyed and had as aforesaid shall be and inure and that the said C. D. and E. F. and their Heirs and the Survivor of them and his Heirs shall stand and be seized of all such Lands Tenements and Hereditaments parcel of the said Premisses which shall by vertue of these presents be limited or appointed to be charged with any Rent or Rents sum or sums of Mony or payments to any Person or Persons or which shall hereafter be Granted Leased Demised or Charged according to the intent and true meaning of these presents and according to the power liberty and authority hereby given permitted and allowed as well to the use of such Person or Persons to whom any parcel of the Premisses in these presents mentioned shall be hereafter so limited appointed demised leased granted or conveyed of such Estate and Estates and for such Term and Time as the same shall be pursuant to the said authority hereby given to be limited appointed eased granted or conveyed and under the Covenants Charges Conditions and Agreements in such Lease or Leases Deed or Deeds to be contained As also to the use and intent that every Person and Persons to whom any Rent yearly sum or payment shall be hereafter granted limited appointed or devised according to the true intent and meaning of these presents and according to the power liberty and authority allowed or given in and by these presents shall and may have receive levy and take the same and likewise distrain for such Rent and Rents sum and sums of Mony as shall fortune to be behind and not paid according to the intent and true meaning of these presents and of the several Grant or Grants Limitation or Limitations Devise or Devises Appointment or Appointments of for or concerning the same to be had or made pursuant to the power and authority hereby given as aforesaid c. 6. This Indenture tripartie c. Between The Uses declared upon a Recovery and Fine already had and levied A. B. on the first part C. D. on the second part and E. F. and G. H. on the third part Whereas the said E. F. and G. H. in the Term of Easter last past did by Writ of Entry sur disseisin en le post recover against the said C. D. all those the Mannors of A. B. C. c. and Thirty Messuages Twenty Gardens one Thousand Acres of Land c. prout en le Recovery as in and by the said Recovery remaining of Record in his Majesties Court of Common Pleas at Westminster relation being thereunto had more fully and at large it doth and may appear And whereas c. recite also the Fine if any be Now witnesseth this present Indenture That the true intent and meaning of the said A. B. and of the said Recoverors and parties to the said Recovery and also of the Cognizees of the said Fine and parties to the said Fine before and at the several and respective time and times of the suffering of the said Recovery and acknowledging and levying of the said Fine for touching and concerning the said Mannors Lands Tenements Hereditaments and

B. and M. his Wife to the use and behoof of the said A. B. for and during the term of his natural life And from and after his decease to the use of c. 13. Provided always and the true intent Power to make Leases for Portions for Daughters and meaning of these presents is That it shall and may be lawful to and for the said C. B. at any time or times after the decease of the said M. B. in case he shall happen to survive her during his natural life by his Deed or Deeds Indented by him duly executed in the presence of two or more credible Witnesses to make one or more Lease or Leases for one two or three lives or one and twenty years or under of the said Mannor of D. or any part thereof under such Rent Rents Reservations and Covenants as he shall think fit to any Person or Persons whatsoever upon Trust for the raising of the several Portions herein after mentioned for such Daughter or Daughters as the said C. B. shall happen to have and not otherwise provided for that is to say If one Daughter then for the raising of Five hundred pounds for that Daughter and if more Daughters then for the raising of Three hundred pounds a piece for each and every one of the said Daughters to be payed them at their several and respective Ages of one and twenty years or Days of Marriage which shall first happen And that all and every such Lease or Leases Demise or Demises Grant or Grants to be made as aforesaid shall stand and be good and effectual in Law to all The Recovery to be to the use of the ●essees intents and purposes And the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered shall be and inure and the Recoveror or Recoverors therein named or to be named his and their Heirs shall stand and be seized of and in such and so much of the said Mannor of D. as shall be so Demised or Leased to the use of such Person and Persons his and their Executors Administrators and Assigns to whom such Demise or Demises Lease or Leases Grant or Grants shall be made as aforesaid CHAP. XV. The forms of several Covenants used upon Settlements of Estates to Vses 1. ANd it is Covenanted granted concluded To stand seized of such Lands whereof deficiency shall be in the Conveyance to the uses before This may be good where there is consideration of bloud and agreed by and between all and every the said Parties to these presents for the Consideration aforesaid That in case any of the said Mannors c. intended to be comprised in the said Fine or Fines Recovery or Recoveries shall be omitted or left out and not be comprised in the Fine or Fines Recovery or Recoveries or in case there shall happen to be any defect in the assurance of the Premisses or any part thereof according to the intent and true meaning of these presents That then they the said A. B. and C. B. their Heirs and Assigns and all and every other Person and Persons which now are or hereafter shall be seized of and in such the said Mannors c. as shall be so omitted or left out and not comprised as aforesaid or whereof such Fine or Fines Recovery or Recoveries shall not be levyed and had or whereof the assurance hereby intended to be made shall be any way defective shall stand and be seized thereof and of every part and parcel thereof with their and every of their Appurtenances and of the Reversions thereof to the uses and for the several and respective Estate and Estates thereof hereby and herein before severally and respectively limited unto the Person or Persons before named and every of them under the several Provisoes herein before mentioned and to none other uses intents or purposes whatsoever 2. And it is Covenanted granted and agreed Another by and between all and every the said Parties to these presents for them and every of them their and every of their Heirs That the said A. B. his Heirs and Assigns and all and every other Person and Persons and their Heirs which from and after the said Feast of c. next coming shall stand and be seized of all or any the said Mannors c. and other the Premisses before mentioned with Th' appurtenances or any part or parcel thereof and which before the said Feast of c. next coming after the Date hereof shall be not well and sufficiently by Fine Recovery or otherwise conveyed and assured to the several uses purposes and intents before in these presents mentioned or whereof no such Fine or Fines Recovery or Recoveries as is aforesaid shall be before the said Feast Day of c. as aforesaid had levyed knowledged and suffered of and in every part and parcel thereof according to the intent and true meaning of these presents shall at all time and times from and after the said Feast of c. for the consideration herein before expressed stand and be seized of and in the same and every part thereof to the several uses purposes and intents before in and by these presents expressed limited and appointed and in such sort manner form quality degree nature and Condition and of and for such Estate and Estates and under and upon such Provisoes Limitations and Authorities according to the true intent and meaning of these present Indentures in such ample large and beneficial manner and form to all intents constructions and purposes as the same should or ought to have grown been raised or taken any effect in case the said several Fine and Fines Recovery and Recoveries so before in and by these presents Covenanted mentioned intended or agreed to be had levyed knowledged or suffered had been perfectly had and executed according as is before in these presents expressed 3. And the said A. B. for himself his That he is Owner and hath Power to convey to the Uses c. Heirs Executors and Administrators doth Covenant and grant to and with c. That he the said A. B now is and at the time of making and executing of the said Conveyances and Assurances shall be the true and perfect owner of the said Messuages Lands Tenements and Hereditaments with Th' appurtenances and shall be then thereof lawfully seized in Possession of an absolute Estate in Fee-simple and shall then have full power Right Title and Authority to pass convey and assure the Premisses with Th' appurtenances to the uses and according to the effect aforesaid 4. And the said A. B. for himself his Heirs Executors and Administrators doth Another Covenant and grant to and with the said C. D. and E. F. their Heirs and Assigns and to and with every of them by these presents That for and notwithstanding any act or thing whatsoever done or to be done or suffered by the said A. B. to the contrary he

and during the term of her natural life for her Joynture and in lieu and recompence of her Dower and Title of Dower And from and after the several deceases of them the said A. B. and E. his wife Then to the use and behoof of the first a If they have any Sons time of the limitation they are to be named Son of the Body of the said A. B. on the Body of the said E. lawfully begotten or to be begotten and of the Heirs Males of the Body of such first Son lawfully to be begotten And for default of such Issue to the use and behoof of the second Son of the Body of the said A. B. on the Body of the said E. lawfully begotten or to be begotten and of the Heirs Males of the Body of such second Son lawfully to be begotten c. and so even to the Tenth Son And for default of such Issue to the use and behoof of every other Son and Sons of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten and of the Heirs Males of the Body of every such Son and Sons lawfully to be begotten according to their seigniority of Age and priority of Birth the elder Son and the Heirs Males of his Body being always preferr'd before the younger Son and the Heirs Males of his Body And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever And as to for and concerning the said Mannor of B. c. and all other the Messuages Lands Tenements The uses of the Mannor of B Hereditaments and Premisses with their and every of their Appurtenances whereof no Use or Uses is or are before herein limited To the use and behoof of the said A. B. for and during the term of his natural life without impeachment of or for any manner of Waste and from and after his decease to the use and behoof To A. for life after to the Feoffees for years in trust of the said C. D. E. F. and G. H. their Executors and Assigns for and during the term of one and twenty years to commence immediately from and after the decease of the said A. B. and from thence next ensuing and fully to be compleat and ended upon trust and confidence and to the uses intents and purposes hereafter in and by these presents expressed limited and declared And The use limited after the term from and after the end expiration or other determination of the said term of one and twenty years To the use of such Person and Persons for such Estate and Estates and in such manner and form as the said A. B. by his Deed or Deeds in writing sealed and executed in the presence of three or more credible Witnesses shall in his life time declare limit or appoint And in default of such Declaration Limitation or Appointment Then to the use and behoof of the right Heirs of the said A. B. 16. And the true intent and meaning of The Declaration of the Trust these presents is and the special Trust and confidence in them the said C. D. E. F. and G. H. their Executors and Administrators hereby reposed as to the said Estate for years to them limited as aforesaid is That in case the said A. B. shall depart this life having at the time of his decease one two or more Daughter or To pay Daughters Portions Daughters of his Body on the Body of the said E. lawfully begotten then living and unprefer'd in Marriage or leaving the said E. with Child of one or more Daughter or Daughters who after shall be born alive That then the said C. D. E. F. and G. H. the Survivors and Survivor of them and the Executors or Administrators of the Survivor of them shall and will out of the Rents Issues and Profits of the said Mannor of B. and other the Premisses so to them limited as aforesaid for years raise and levy so soon as conveniently may be for the Portion or Portions of such Daughter or Daughters which he the said A. B. shall leave at his decease unpreferred as aforesaid and with which he shall leave with Child the said E. as aforesaid viz. If there be but one the sum of Two thousand pounds of good and lawful Mony of England to be paid unto her at her Age of eighteen years or Day of Marriage which shall first happen or so soon as the said sum of Two thousand pounds can be raised and if there be two Daughters the sum of One thousand pounds a piece or if there be three or more Daughters the sum of Three thousand pounds in the whole to be equally divided between the said Daughters share and share like All and every the said sums to be payed unto the said Daughters severally and respectively at their several and respective Ages of Eighteen years or their several and respective Marriages which of them shall first happen or so soon as the same can be conveniently called as aforesaid in which respect the elder Sister is to be prefer'd in payment before the younger unmarryed And in case any of the said In case any of the Daughters die her part to go to the Survivors Sisters shall happen to die before her or their Marriage or Age of Eighteen years That then such part or proportion of the said Sister or Sisters so dying shall accrue and come unto the surviving Sister if but one and if more then one survive then unto the Sisters so surviving to be equally divided between them share and share like And upon this further trust and confidence that if it shall happen the said A. B. to die leaving onely one Daughter or two or more Daughters of his Body on the Body of the said E. begotten then living or afterwards to be born as aforesaid And that such Daughter or Daughters shall all happen to die before she or How the sums shall be disposed if all the Daughters die they shall be Marryed or accomplish the several and respective Ages of Eighteen years as aforesaid That then and in such case the said several sum and sums of Mony intended for the Portion or Portions Advancement or Advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or ●evyed out of the Rents Issues and Profits of all or any of the Premisses all charges and expences bring defrayed wherein a full and liberal allowance shall be made and given shall be satisfied and payed unto such Person or Persons as the said A. B. by any writing under his Hand and Seal subscribed and sealed in the presence of two or more credible Witnesses shall limit and appoint and in default of such Limitation and Appointment to the Executors or Administrators of the said A. B. And

upon this further Maintenance allowed to the Daughters until Portions paid trust and confidence and to the end intent and purpose that the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors and Administrators shall out of the Rents Issues and Profits of the said Mannor of B. c. and Premisses so to them limited for raising of Portions no aforesaid with their and every of their Appurtenances levy and pay or cause to be levyed and payed to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Fifty pounds per annum and if there be two or more Daughters the sum of Thirty pounds per annum a piece until such Daughter or Daughters respectively shall attain to her or their Age or Ages of Eighteen years or shall be Marryed and her or their Portions payed as aforesaid 17. Provided always and it is the true intent and meaning of these presents and of all If A B. die without Daughters the limitation for years to cease the Parties hereunto That if the said A. B. shall happen to depart this life without any Issue Female of his Body upon the Body of the said E. begotten or without leaving the said E. with Child of one or more Daughter or Daughters that shall be born alive That then the Estate so limited as aforesaid to the said C. D. E. F. and G. H. for one and twenty years shall cease determine and be utterly void Provided also That from and immediately after such After the Portions raised the Estate limited for years to cease time or times as the aforesaid C. D. E. F. and G. H. their Executors or Assigns shall or might have levyed and raised the said several sums for Portions and present maintenance of such Daughter and Daughters as aforesaid that then the said Estate for years limited to them in trust as aforesaid shall cease determine and be utterly void And the said Mannor of B. and all and singular other the Premisses so to the said C. D. E. F. and G. H. limited for years in trust as aforesaid shall immediately go and be to such Person and Persons to whom the Reversion or Remainder of the Premisses shall belong and appertain 18. Provided always and upon this further The limitation to Wife as to a 5th part to be altered upon her second Marriage Condition and to the further use intent and purpose That if the said A. B. happen to depart this life leaving one Son or more of his Body on the the Body of the said E. lawfully begotten And the said E. do him survive and do afterwards intermarry or take another Husband That then from and immediately after such Marriage as aforesaid As for and concerning one fifth part of the said Mannor of A. c. the whole in five parts being divided before in and by these presents limited and appointed or mentioned to be limited and appointed to and for the Ioynture of the said E. the use and Estate thereof limited and appointed as aforesaid to the said E. shall cease determine and be utterly void and that then and from thenceforth the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Heirs and Assigns shall stand and be seized of the said fifth part of the said Mannor of A. c. immediately from and after the said intermarriage to the use and behoof of the said Son or of the eldest Son in case there be more for and during the term of the natural life of the said E. Any thing herein before contained to the contrary thereof in any wise notwithstanding Here may be added a Covenant to alter the use to the Wife in case of Usual Covenants her suit for Dower vide Sect. 13. in this Chapter and also Covenants that A. B. is seized in Free and hath authority to assure the Premisses to the uses before and to make further assurance vide Chap. 14. and also a Power to A B. to revoke all the uses except what is limited to his Wife vide Cap. 11. 19. This Indenture c. Between A. B. on A Rent setled on the intended Wife for satisfaction of Dower Consideration the one part and C. D. and E. F. on the other part Whereas a Marriage is by the grace of God to be shortly had and solemnized between the said A. B. and E. D. Daughter of the said C. D. Now witnesseth this present Indenture that for the absolute and perfect Ioynture of her the said E. D. in case the said Marriage take effect and for and in recompence barr and full satisfaction and discharge of all and singular the Dower or Title of Dower which the said E. D. shall or may have or lawfully claim of in or to the Lands Tenements or Hereditaments of the said A. B. he the said A. B. hath given granted enfeoffed and confirmed and doth by these presents give grant enfeoff and confirm unto the said C. D. and E. F. their Heirs and The Feoffment Assigns for ever All that c. To have and to hold the said Messuage Lands Tenements and Premisses and every part and parcel thereof with their and every of their Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever To the uses intents and purposes hereafter mentioned that is to say To The uses to charge the same with a Rent the use end and intent that the said E. D. in case the said Marriage take effect may immediately from and after the decease of the said A. B. if she happen to survive him have perceive and take out of the said Messuage Lands Tenements and Premisses for term of her natural life One annual Rent or yearly sum of One hundred pounds per annum of good and lawful Mony of England at two days or Feasts in the year that is to say At the Feast of Th●●nnunciation of St. Mary the blessed Virgin and the Feast of St. Michael Th●archangel by even and equal portions the first payment thereof to begin at such of the said Feasts as shall next and immediately happen from and after the decease of the said A. B. To have perceive and enjoy the said Annuity or yearly Rent of One hundred pound per annum from and after the decease of the said A. B. unto the said E. and her Assigns for and during the term of her natural life the first payment thereof to begin as aforesaid 20. And further to this use intent and purpose That if it shall happen the said Annuity Clause of Distress or yearly Rent of One hundred pounds per annum or any part thereof to be behind or unpayed after either of the said Feast Days whereon the same ought to be paid as aforesaid That then and from thenceforth it shall and may be lawful to and for the said E.

before such Will or Testament made by the said E. Then of so much of the Goods and Chattels of the said A. B. as shall amount to or not exceed the said sum of Two hundred pounds without any let disturbance or contradiction of the said A. B. and in as large and ample a manner as if the said E. were then a Feme sole and unmarryed 7. And further that she the said E. shall Another to the same purpose or may at any time during the Coverture between her and the said A. B. without any lett or disturbance of the said A. B. or of any other by his means make and declare her Will and Testament and thereby or by any other Writing by her to be subscribed in the presence of two or more credible Witnesses give bequeath assign or appoint to any person or persons whatsoever any sum or sums of money so as the same exceed not in the whole the sum of Two Hundred pounds of lawful moneys of England And that if he the said A. B. do over-live the said E. That then and not otherwise he the said A. B. his Executors or Administrators shall and will within Six Moneths after the decease of the said E. and after request to him or them to be made in that behalf execute and perform or cause to be executed and performed the same her Will and Testament Gift Bequest Assignment or Appointment to any value not exceeding in the whole the said sum of Two Hundred pounds according to the intent and true meaning of the said Will or Writing That if the Lands setled in Joynture fail of the value the Fxecutors of the Husband to make it up 8. And the said A. B. for himself his Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Executors and Administrators by these presents That in case the said E. shall survive the said A. B. and shall be minded to lett the Premisses before limited and appointed to her for her Ioynture to Farm for a yearly Rent and shall make offer so to do to the Executors or Administrators of the said A. B. or any of them and that they shall upon such offer made refuse to take the same to Farm at the yearly Rent of Thirty pounds per annum of lawful money of England That then and in such case the said Premisses shall be rated and valued by Four substantial men of the same Parish where the said Messuage and Lands are scitu●te and do lye whereof the said Executors or Administrators are to choose Two and the said E. the other Two at a certain yearly value according as other Lands of like quality and goodness are lett within the said Parish And in case the said rate and value made and put upon the said Premisses as aforesaid shall not amount unto the said sum of Thirty pounds per annum the said Executors or Administrators shall and will well and truly pay or cause to be paid unto the said E. so much lawful money of England yearly and every year on the Feast Day of St. Michael the Archangel as shall make up the said yearly value or Rate of Thirty pounds per annum until such time as they can procure a good and sufficient Tenant to take the same at the said Rate of Thirty pounds per annum under such Covenants and Agreements as other Lands are usually letten within the same Parish and for the term of One and Twenty years or more determinable upon the death of the said E. 9. And further for and upon the Consideration To make up what shall be evicted of the Lands setled in Joynture aforesaid he the said A. B. doth for him the said A. B. his Executors and Administrators Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Executors and Administrators That if the said E. his now Wife shall happen to survive and over-live him the said A. B. and shall at any time after the decease of the said A. B. be lawfully evicted or put out of or from the said Messuage and other the Premisses limited to her as aforesaid for her Ioynture or any part or parcel thereof That then the Executors or Administrators of the said A. B. shall well and truly pay or cause to be paid unto the said E. so much lawful money of England for the said Premisses or part thereof being so evicted from the said E. as aforesaid as the same shall amount unto at the Rate of Six years purchase for and according to the yearly value of the same within Three moneths after such eviction 10. And the said A. B. for himself his Executors To pay back part of the Portion if the Wife die c. and Administrators doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That in case the said E. shall happen to depart this life within Three years after the said Marriage had and solemnized as aforesaid without having any Issue of her Body lawfully begotten by the said A. B. then living That then and in such case the said A. B. his Executors or Administrators shall and will for and in respect of the said sum of Five Hundred pounds of lawful moneys of England by him received as aforesaid as the Marriage-Portion of the said E. repay and satisfie or cause to be repayed and satisfied unto the said C. D. the sum of Three Hundred pounds of lawful moneys of England at one entire payment within Six moneths next after the decease of the said E. CHAP. XVIII Containing the General words commonly used for the passing of Mannors Messuages Lands c. 1. ALL that the Mannor of L. with A Mannor Th' appurtenances in the County of M. And also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasowes Pastures ●eedings Waies Wastes Waste-grounds Commons Commodities Moors Marishes Wood-grounds Woods Vnder-woods Waters Water-courses Ponds Pools Liberties Fishings Rents Reversions Services Fines Amerciaments Court-leets Courts-baron Views of Frank-pledge and profits of Courts and all that to Courts and Leets belongeth Waifs Estrays Goods and Chattels of Felons and Fugitives Customs Rights Iurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with Th' appurtenances of whatsoever kind nature or quality or by whatsoever Name or Names they are called or known by scituate lying and being coming renewing arising or growing in L. aforesaid or elsewhere in the said County of M. to the said Mannors Messuages Lands Tenements Meadows Pastures Feedings and other the Premisses or to every or any of them in any wise belonging or appertaining or incident thereunto or as part parcel or member thereof or at any time heretofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof 2. All that the Mannor or Lordship

directly sail and apple The third Port applied to unto the Island of Terceras and Fyall within the Dominions of c. and there unlade and make discharge of the said Goods and Merchandizes And shall there relade and take into and aboard her again all such Goods and Merchandizes as are there usually laden according to the Order and Direction of the said C. D. his Factors or Assigns and which the said C. D. his Factors or Assigns shall think fit to relade or cause to be reladen aboard the said Ship and which she may conveniently stow and carrie in her as aforesaid over and above her victual tackel and appatel 4. And then the said Ship so being laden The fourth Port applied to at the Island of Terceras and Fyal as aforesaid as Wind and Weather shall serve and the perils and dangers of the Sea excepted shall with her said burden sail teturn and come back to the Island of St. Michael aforesaid and there unlade and make a discharge of the said Goods and Merchandizes and receive into and aboard her there such other Goods and Merchandizes as the said Merchant his Factors or Assigns shall think fit and please to lade into and aboard her and are there accustomed to be laden and which the said Ship can safely stow and carry as aforesaid 5. And then the said Ship with the first The Ships return good Wind and Weather that God shall afterwards send the perils and dangers of the Sea excepted shall directly sail and apply to Dartmouth Plimouth or the Isle of Wight And the said Ship being arrived at one of the said places Notice to be given of Ships arrival he the said A. B. or such Person as shall be Master of the said Ship for the Time being shall from thence send express notice in Writing to be given or left to or for the said C. D. his Executors Factors or Assigns at or in the now dwelling house of the said C. D. scituate in D. near Aldgate London That the said Ship and Goods are safely arrived at one of the said last mentioned places and at such place of arrival the said Ship shall stay and abide the space of ten dayes for Answer and Direction to be returned and given by him Notice of the next application to be made the said C. D. his Executors Administrators Factors or Assigns for the sayling and applying of the said Ship unto Haverdegrace in France or Amsterdam in Holland or to the Port of the City of London the charge of sending a Messenger to give such intelligence as aforesaid to be satisfied and payed by the said C. D. his Executors Administrators or Assigns 6 And according to such Answer and appointment shall with the first good Wind and The Ships discharge Weather that God shall sen● the perils and dangers of the Sea excepted directly sail and apply either to Haverdegrace or Amsterdam or the Port of London which of the said places the said Ship shall be so ordered or appointed to sail and apply unto And within ten dayes after the arrival of the said Ship at the same Place so to be appointed the said Ship shall make her right discharge of the said Merchants goods and Merchandizes and there to end and finish her said intended Voyage the petils and dangers of the Sea excepted 7. And it is further agreed by and between the said Parties to these presents that the said How long the Ship to stay at each Port. Ship shall tarrie and abide at Nantz the Island of St. Michael and Tercera● and Fyal before mentioned for her several discharges and relading at the said several Places as aforesaid the space of sixty Dayes in the whole That is to say at Nantz twenty Dayes at the said Island of St. Michael twenty Dayes and at Terceras and Fyal aforesaid twenty Dayes Within which several times before limited and expressed the said C. D. for himself his Executors and Administrators doth covenant and grant to and with the said A. B. his Covenant to discharge and relatie within the times limited Executors and Administrators by these presents to discharge and relade the said Ship in manner and form aforesaid at the se●eral Places and Ports of Nantz St. Michael and Terceras and Fyal before 〈◊〉 8. And within the said space of ten Dayes before limited after notice of the 〈◊〉 of the said Ship as aforesaid a● Darrmouth Plimouth or the 〈◊〉 of Wight shall give order and direction to the said A. B. or the master of the said Ship for the time being whether the said Ship shall sail to 〈◊〉 Amsterdam or to the Port of the City of London to make her right discharge and To unlade the Ship by a Tun at her last discharge shall at such Place to be appointed discharge or 〈◊〉 to be discharged and unladen the said Goods and Merchandizes of the 〈◊〉 Ship within twelve Dayes after the Arrival of the said Ship at such appointed Place of discharge as aforesaid 9. And that the said C. D. his Executors 〈◊〉 Factors or Assigns shall 〈◊〉 will well and 〈◊〉 pay or cause to 〈◊〉 payed unto the said A. B. his Executors Administrators or Assigns How much to be paid for the freight freight for the said Ship after the Rate of four pound the Tun of lawful Money of England for every Tun of Goods and Merchandizes that shall be unladen of and from the said Ship at the several Ports and Places before mentioned accompring three Chests of Sugar to the Tun c. and so put down the several proportions that is reputed a Tun at the several Places and then add and for other Goods and Merchandizes according to the usual Custom 10. And that all such sum and si●ks of Money When and how paid that shall arise and grow due and payable for the freight and hire of the said Ship as aforesaid shall be satisfied and payed unto the said A. B. his Executors Administrators or Assigns within six Dayes next after the discharge of the said Ship at Haverdegrace or Amsterdam aforesaid which of them shall be appointed as aforesaid for the said Ship to make her discharge at and the same Moneys also to be payed according to the Course of the Exchange at such Place to be appointed as aforesaid 11. And it is agreed by and between the said Parties to these presents that in case the said C. What to be paid for freight if the Ship do not fully lade D. shall not fully lade the said ship at the Ports and places aforesaid appointed for the Lading thereof or any of them yet nevertheless the said C. D. his Executors Administrators or Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors Administrators or Assigns at and after the Rate of four pound the Tun for so many Tuns as the said ship can or may conveniently stow and carry in manner and form

aforesaid together with average accustomed 12. And it is agreed by and between the said Parties to these presents That all Port-charges Port-charges that shall arise and grow due to be payed for and in respect of the said Ship in the said intended Voyage shall be satisfied and payed in manner and form following viz. ⅔ Parts thereof by the said C. D. his Factors or Assigns and ⅓ Part thereof by the said A. B. his Executors or Assigns 13. And it is agreed by and between the said Parties to these presents notwithstanding To stay over and above the Days limited at each Port. any matter or thing herein before conteined that in case necessity shall require it shall and may be lawful to and for the said C. D. his Factors or Assigns or any of them to keep the said Ship at Demorage at the several places and Ports aforesaid of Nantz St. Michael Terceras and Fyal the space and time of thirty Dayes and no more after the end and exspiration of the said sixty Dayes before limited for the said ship to stay at the said places and Ports That is to say viz. Ten Dayes at Nantz ten Dayes at St. Michael and ten Dayes at Terceras and Fyal before mentioned for every Day of which Demorage over and above the said sixty Dayes the said C. D. his Factors and Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors Administrators or Assigns the sum of three pound How much to pay per Diem of lawful Moneys of England and the said Moneys that shall arise and grow due for demorage as aforesaid shall be paied c. here set down the Day when 14. And it is moreover agreed by and between The Master to have money paid him in the voyage c. the said Parties to these presents that the said C. D. his Factors or Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors or Assigns or such as shall be Master of the said ship for the time being all such sum and sums of Money as he or they shall have occasion for at the Island of St. Michael and at Terceras and Fyal aforesaid so that all the said sum and sums of Money so to be payed as aforesaid exceed not in the whole the sum of c. Which said sum and sums of Money so to be payed are to be deducted upon the payment made for the freight of the said Ship in manner and form aforesaid 15. And it is agreed by and between the said Not to lade any goods except the Merchants Parties to these presents that the said Master his Factors or Assigns shall not lade or cause to be laden any Goods or Merchandises aboard the said Ship for any other Merchant and Person whatsoever except the said C. D. save only the quantity or proportion of five Tuns which the said Master or his company may lade for their own use at the time of Lading the said ship at the several Ports aforesaid without allowance for the same That the Ship is strong and well apparelled c. and 20 men and a boy therein if occasion shall require 16. And the said A. B. for himself his Executors and Administrators doth covenant and grant to and with the said C. D. his Executors Administrators and Assigns by these presents That the said Ship at the time of her departure from and out of the said Riuer of Thames upon her said intended Voyage shall be strong and sufficiently victualled tackelled furnished and apparelled with masts sails anchors cables ropes cords boat and Dars twelve pieces of Ordinance guns gun-powder shot tackle apparel ammunition and furniture meet and needful for the said Ship and Voyage together with a Master and twenty men and one boy which men and boy or so many of them The men and boy to attend the Merchant c. as shall be needful shall be readie at all due and convenient times with the said Ship-Boat to serve the said Master his factors or assigns to and from the land during the said Voyage and to discharge and relade the said Ship as occasion shall serve 17. And to the performance of all and singular the Covenants Grants Articles agreements The Parties mutually bind themselves in a penalty to perform the Covenants and other things herein before conteyned by and on the part and behalf of the said A. B. his executors or administrators to be done and performed as aforesaid the said A. B. binds himself his erecutors and administrators and especially the said ship with her tackle apparel and furniture unto the said C. D. his executors administrators and assigns in the penal sum of One thousand pound of lawful Moneys of England by these presents to be well and truly payed unto the said C. D. his executors administrators or assigns upon the Non-performance or Non-observance of any of the said Covenants and agreements on his part to be done and performed according to the intent and true meaning of these presents The like for the other Partie who is to bind himself his Executors and Administrators and his Goods and Chattels in the like penalty of One thousand pound to performe c. In Witness c. Another where the Ship is to take in her first Lading at several Ports 18. THis Charter-Partie Indented of Affreightment made the c. Between A. B. Citizen and Alderman of London and E. F. Citizen and Draper of London Owners of the good Ship called the P. of London of the burthen of 140 Tuns or there abouts riding at this present on the River of Thames within the Port of London whereof is Master under God for this Voyage T. W. on the one Part and C. D. The grant to freight and hire of the Ship of London Merchant on the other Part Witnesseth That the said A. B. and E. F. have granted and letten the said Ship to freight to the said C. D. and the said C. D. hath hired the said Ship for a Voyage to be made by Gods Grace in manner and form following That is to say 19. The said A B. and E. F. for them and either To stay so long in the Toames before Lading of them their and either of their executors and administrators do covenant and grant by these presents to and with the said C. D. his executors and administrators and either of them in manner and form following that is to say That the said Ship shall ride and ●arry within the River of Thames in the Port aforesaid until the tenth day of c. next ensuing the Date hereof and shall receive into her all such goods wares and Merchandizes which it shall please the said C. D. his factors or assigns there to charge and To receive in Lading lade into and aboard her before the said tenth Day of c. and not to receive into the said Ship before

her departure any of the goods or merchandizes of any other person or persons whatsoever except the said C. D. without the special consent and agreement of the said C. D. his Factors or Assigns first thereunto had and obtained except three Dacks of Merchandizes freight-fee of the said E. F. 20. That the said Ship with the first good Wind and Weather that God shall send next after The second place where the Ship is to receive more lading the said tenth day of c. shall depart and sail from the Port of the said City of London with the said received Goods of the said C. D. the perils and dangers of the Sea excepted unto Gore-End within the Realm of England where she shall tarry and abide the space of twelve dayes next ensuing her first arrival there at an anchor there to receive into her freight Fee as much Corn as she can safely stow and carry over and besides her Victual Tackle Apparel and Furniture and over and besides the said Goods by her received at London as aforesaid 21. And moreover that the said Ship with The place applied to for discharge and reladeing the first good Wind and Weather that God shall send next after the end and exspiration of the said twelve dayes shall directly sail the dangers and perils of the Sea excepted from Gore-End aforesaid unto L. within the Realm of P. as near to the said Town as she may safely arrive to make her right discharge where the said ship shall tarrie by the space of forty dayes next ensuing her first arrival there at an anchor as well to discharge Time given to discharge and relade the said Goods received into her within the said Port of London and at Gore-End as aforesaid as also to relade and recharge into her the said ship 140 Tuns in the whole of such goods wares and merchandizes as it shall please the said Merchant his factors or assigns there within the said forty Dayes to lade in and aboard the said ship before her departure and not there to receive any other goods of any other person or persons whatsoever except what shall be laded as aforesaid accompting so much to every Tun and here se● down how much of each particular shall be accompted to the Tun if it may be 22. Nevertheless it is agreed by and between the said Parties to these presents And the said A. B. and E. F. for them and either of them their and either of their executors and administrators do covenant and grant to and with the said C. D his More dayes given to lade in if the other suffice not Executors and Assigns by these presents That if the said C. D. his factors or assigns cannot within the said forty Dayes lade the said ship at L. as aforesaid that then the said ship shall there tarrie and abide the space of ten Dayes next after the End and Expiration of the said forty Dayes 22. And that the said ship being as is before mentioned laden at L. aforesaid shall with The discharge of the Ship the first good Wind and Weather that God shall send next af●er the Expiration of the said abiding Dayes or so soon as she shall be laden directly sail from thence the dangers and perils of the Sea excepted and apply to A. or London or such of the said places where it shall please the said Merchant his Factors or Assigns that the said ship shall make her discharge 23. And the said C. D for himself his Executors To charge and discharge the Ship within Time limited Administrators Factors and Assigns and for every of them doth Covenant and Grant by these presents to and with the said A. B. and E. F. and either of them their and either of their Executors Administrators and Assigns that he the said C. D. his Executors or Assigns shall and will within the said Ports of London and Gore-End charge and lade the said Ship within the Times before limited and appointed for the same and shall and will discharge and relade the said Ship at L. aforesaid within the Kingdom of P. within the Times before limited and appointed for the same And shall and will discharge and unlade the said Ship at London or A. aforesaid within the Time and Space of c. Dayes 24. And also that he the said Merchant his To give notic● where to discharge Factors or Assigns shall and will within the said abiding Dayes at L. aforesaid and so soon as the said Ship shall be there as is aforesaid laden give notice unto the said Master or his Assigns where the said Ship shall make her right Discharge that is to say whether at A. or at London aforesaid 25. And that the said C. D. his Factors or Assigns shall well and truly pay or cause to be Payment for freight of the Ship payed unto the said A. B and E. F. or one of them their or one of their Executors or Assigns for every Tun of the said Ships lading that shall be discharged at L. aforesaid the sum of c of lawful Moneys of England and for every Tun that shall be discharged or unladen out of the said Ship at A. or London aforesaid the sum of c. of like Moneys which said Moneys shall be payed in manner and form following That is to say The one Moiety thereof within ten Dayes next after the said Discharge of the said Ship at A. or London as aforesaid And the remaining Moiety thereof within one Month next after the End and Exspiration of the said ten Dayes together with Petie-loadmenage Primage and Average wont and accustomed 26. And that the said C. D. his Factors or Payment for demorage Assigns shall and will for every Day that the said Ship shall tarry and abide at L. aforesaid over and above the said forty Dayes truly pay or cause to be payed to the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns the sum of c. of lawful Moneys of England at the Day and Time when the last Moneys payable for the freight of the said ship is to be payd by the true intent and meaning of these presents 27. And the said A. B. and E. F. do covenant That the Ship shall be able to receive into her 140 Tun and be well furnished c. grant and warrant by these presents to and with the said Merchant that the said Ship shall be able to receive into her under-Hatches at L. aforesaid over and besides her Victual Tackle and Apparel the said quantity of 140 Tuns and that the said Ship is and shall be strong and stanch and well and sufficiently victualled tackelled apparelled and furnished with Masts Sails Sail-yards Anchors Cables Ropes Cordes Gun-shot Gun-powder Artillerie Tackle Apparel Boat and Furniture meet and convenient for such a Ship and for such a Voyage together with an able Master twenty six able men

Endeavour according to their Knowledge and Vnderstanding shall set and apply their course without any fraud or covin 48. And that so soon as the said Ship To give notice of her arrival shall have finished her said appointed Voyage and shall arrive in safety with her said Lading in the Port of Dublin aforesaid that then in the said Port the said Ship shall ride at Anchor in the Common Place of Anchorage there called the Pool of Clumm-Turf and that then within one Day next after the said arrival there the said Master or Owners or one of them or some of their Factors Agents or Messengers shall signifie and give notice of the said Arrival of the said Ship unto the said E. F. his Executors Administrators Factors or Assigns at the now dwelling house of the said E. F. in Dublin aforesaid and then and there shall be ready to deliver all the Salt laden into the said Ship which shall be seventy Tans at the least after the Rate of four Burdeux Hogsheads to every Tun in measuring to be once shaken and then being full to be strucken To deliver the salt clear from former charges off And then and there the said Owners Factors or Assigns shall in form aforesaid deliver the said Salt into the Port of Dublin aforesaid to be brought in the said Ship unto the said E. F. his Factors or Assigns of and from aboard the said Ship into their Loyter or Loyters to be brought and layd close aboard the said Ship the said Salt being cleared and freed of and from all and all manner of former charges of what kind or sort soever 49. And the said E. F. for himself his Executors Administrators and Assigns doth covenant Payment for the salt and grant to and with the said A. B. and C. D. their Executors Administrators and Assigns by these presents that upon notice given unto the said E. F. his Executors Administrators or Assigns of the said Arrival of the said Ship in the said Port of Dublin he the said E. F. his Executors Administrators Factors or Assigns shall and will be ready to take and receive her said Lading of Salt in manner and form aforesaid with all reasonable and convenient expedition And within ten Dayes after the receipt thereof shall at the dwelling house of c. pay and content or upon good and true accompt according to the intent and true meaning of these presents allow to the said Owners their Factors or Assigns the sum of ten shillings of lawful Moneys of England for every Hogshead of the said Salt to be delivered to the said E. F. his Executors Factors or Assigns as aforesaid 50. And the said E. F. in Part of Payment Part of the hire before hand payed for the said Salt hath at the ensealing and delivery of these presents before hand contented and payed unto the said Owners of the said Ship One hundred pound of lawful Moneys of England so to be reckoned accompted and defalked at the time of the Delivery of the said Salt Which said sum of One hundred Pound they the said Owners do acknowledge by these presents That they have had and received accordingly and thereof and of every Part thereof do clearly acquit and discharge the said E. F. his Executors Administrators Factors and Assigns and every of Covenant to repay if Ship miscarry them by these presents And do hereby Covenant and grant to and with the said E. F. That in case the said Ship or Goods should fortune to miscarry in the said Voyage That then they will repay back again unto the said E. F. his Executors Administrators or Assigns the said sum of One hundred Pound on c. In witness CAP. II. Conteyning the several forms of Bills of Credit of Adventure of Bottombrie Assurance of Goods and Letters of Licence and Composition from Creditors to Debtors A Bill of Credit 1. THis Present Writing witnesseth That A. B. binds himself to pay what C. D. shall intrust E. F. with I A B. of London Alderman do undertake to and with C. D. of the City of Y. Merchant his Executors and Administrators That if he deliver to E. F. of c. or to his Assigns to his use any sum or sums of Money not exceeding in the whole the sum of Three hundred Pound of lawful Moneys of England And shall take a Bill under the hand and seal of the said E. F. for the same acknowledging testifying and shewing the certainty thereof That then I the said A. B. my Executors or Administrators having the said Bill delivered to me or them shall presently upon receipt of the said Bill pay or cause to be payed to the said C. D. his Executors or Assigns all such sum or sums of Money not exceeding the said sum of Three hundred Pound as shall be conteined in the said Bill to which payment well and truly to be made I bind my self mine Executors and Administrators firmly by these presents In witness whereof I have hereunto set my hand and seal the Day of c. A Bill of Adventure for a Bale of Cloath 2. TO all c. I A. B. of London Merchant Recital of the consignment of the Cloath do send greeting Whereas I the said A. B. did about two Months since consign to C. D. Merchant in Ligorn in Italy three Bales of Suffolk Cloath of the Number 1. 2. 3. which Bales were all layed on board the Ship called the Royal Exchange of London of the barthen of Three hundred Tuns or thereabouts whereof W. T. is Master under God for the accompt of me the said A. B. 3. Now know ye that I the said A. B. do Acknowledgment that the advent●re of Part belongs to E. F. hereby confess acknowledg and declare that one of the said Bales of Cloath that is to say that which is marked with the Figure 3. doth properly belong unto E. F. of c. the Adventure whereof the said E. F. is to bear out and home 4. And I the said A. B. do hereby for me mine Executors and Administrators covenant and grant to and with the said E. F. his Executors Administrators and Assigns as well to make and give to him them or any of them a true To make a true accompt of the proceed and just Accompt of the Sale and Proceed of the said Bale of Cloath number 3. but also to pay to him or them all such Money Goods and Benefit as by the foot of any such Accompt shall appear to be due and coming unto him or them for or in respect of the said Bale of Cloath In Witness c. Another for Money in a Voyage to the East-Indies 5. TO all c. I A. B. of London c. do The intended Voyage send greeting whereas I the said A. B. do intend by Gods Grace to make a Voyage unto the East-Indies in the good Ship called the Pearl of London being now thither bound whereof is

riding at Anchor on the River of Thames within the Port of London and bound for a Voyage to St. Mallowes in France The Voyage and from thence to return back to London to make her discharge do send greeting in our Lord God everlasting The money intrusted upon the venture of the Ship 14. And whereas I the said A. B. at the ens●aling and delivery hereof am necessitated to take up upon the Adventure of the said Ship the sum of fifty Pounds of lawful Money of England for setting forth the said Ship to Sea and for furnishing of her with provision and necessaries for the said Voyage which said sum of fifty pound C. D. of London Merchant hath at my request supplied and lent unto me at ten pound for the said fifty pound during the said Voyage 15. Now know ye that I the said A. B. do The voyage for me mine Executors and Administrators covenant grant and agree to and with the said C. D. his Executors and Administrators by these presents That the said Ship shall with the first good Wind and Weather that God shall send after the tenth Day of this present Moneth of May depart from the said River of Thames and shall by Gods blessing directly as Wind and Weather shall serve proceed and sail unto St. Mallows in France and having there tarried until c. and the opportunity of a Convoy or being sooner dispatched which shall first happen shall depart from thence and shall be Gods blessing as Wind and Weather ●erve from thence directly sail return and come back to the River of Thames to finish and end her Voyage 16. And I the said A. B. do for the consideration To repay the Money lent aforesaid bind my self mine Heirs Executors Administrators Goods and Chattels and namely the said Ship with the Freight Tackle and Apparel of the same to pay unto the said C. D. his Executors Administrators or Assigns the sum of sixty pound of lawful Moneys of England within one and twenty Dayes next after the return and safe arrival of the said Ship in the said River of Thames from the said intended Voyage That he is Owner And I the said A. B. do for me mine Executors and Administrators covenant and grant to and with the said C. D. his Executors and Administrators by these presents That I the said A. B. at the ensealing and executing of these presents am true and lawful Owner and Master of the said Ship and have power and authority to charge and ingage the said Ship as aforesaid and that the said Ship shall at all times after be lyable and chargeable for the payment of the said sixty pound according to the true intent and meaning of these presents 17. And finally it is hereby declared and agreed If the ship miscarry the sixty pound to be lost that in case the said Ship shall be lost miscarry or cast away which God forbid before her next arrival on the said River of Thames from the said intended Voyage that then the said payment of the said sixty pound shall cease and determine and the loss thereof be wholly born and susteined by the said C. D his Executors and The Ship may be thus ingaged for security which is the surer way Administrators and that then and from thenceforth every matter and thing herein before conteined on the part and behalf of the said A. B. shall determine and be utterly void any thing herein before conteyned to the contrary thereof in any wise notwithstanding In Witness c. 18. And for the consideration aforesaid and for the better performance of all and singular the Premises on my Part to be done and performed according to the true intent and meaning of these presents I the said A. B. have bargained and sold and by these presents do bargain and self unto the said C. D. his Executors and Administrators all the said Ship and the Tackle Ammunition Ordinance Apparel and Furniture thereunto belonging 19. And the said A. B. for himself his Executors That he is Owner and Administrators doth covenant and agree to and with the said C. D. his Executors and Administrators by these presents that he the said A. B. at the Time of the ensealing hereof is the true and lawful Owner of the said Ship and Premises and that the same and every part thereof now are and be and so in case any default of payment of the said sixty pound or any part thereof contrary to the agreement aforesaid shall from Free from former sa●es c. henceforth for ever be free and clear and freely and clearly discharged of and from all and all manner of former and other bargain and sales ti●les troubles charges and incumbrances whatsoever Proviso to make void upon payment c. 20. Provided nevertheless and upon Condition that if the said A. B. his Executors or Administrators shall well and truly pay or cause to be payed unto the said C. D. his Executors Administrators or Assigns the said sixty pound and every part thereof according to the intent and true meaning of these presents and likewise perform the Covenants herein before contained on his and their Part to be done and performed That then this present ba●gain and sale of the said Ship and Premises and every matter and thing therein con●eined shall cease and be void and of none effect to all intents and purposes Any thing herein before conteyned to the contrary thereof in any wise notwithstanding c. Aaother from of a Bill of Bottombry with a Bond thereupon 21 TO all c. A. B. of c. Mariner Master and Part-owner of the good Ship or Vessel called the F. of London of the burthen of two hundred Tuns or thereabouts now riding at anchor on the River of Thames within the Port of London do send greeting in our Lord God everlasting Whereas the said Ship is now bound out upon a voyage from the said Port unto the Island of Barbadoes and from The Voyage thence if occasion shall be to the Island of May and so to return back again to the said Island of Barbadoes and from thence to London to end her Voyage 22. Now know ye that I the said A. B. for me mine Executors and Administrators do Covenant and grant to and with C. D. of c. who The sum delivered before the ensealing hath payed and delivered unto me the said A. B. the sum of one hundred pounds of lawful mony of England and is contented and agreed to stand to and bear the adventure of the said sum upon the body of the said Ship during the said voyage and to and with his Executors Administrators and Assigns by these presents That the said Ship with the first good When to begin and end her Voyage wind and weather that God shall send from and after the twentieth day of c. next ensuing the date hereof shall depart from the said River

of Thames upon the said intended voyage and that she shall by Gods grace the perils and dangers of the Sea and restraint of Princes and Rulers excepted be returned unto the River of Thames from her said voyage before the expiration of fourteen Months to be accounted from the date of these presents And that the said Ship in her said intended voyage shall not sail or apply her self unto any other Ports or places Not to sail to other Ports than are mentioned than those that are before mentioned herein unless she shall be necessitated thereunto by extremity of weather or some other unavoidable accident 23. That I the said A. B. mine Executors Administrators of Assigns shall and will well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns at c. the sum of one hundred and thirty pounds of The payment of the freight or hire and how like lawful mony of England in respect of the adventure aforesaid if the said Ship shall go from thence onely unto the said Island of Barbadoes and so from thence return to London to end her said intended voyage and the sum of one hundred and forty pound of like moneys if the said Ship shall go from hence unto the said Island of Barbadoes and from thence to the said Island of May and so return again to the Island of Barbadoes and from thence to London to end her voyage And that within one month after the return of the Hull or Body of the said Ship unto the River of Thames from the said Voyage 24. Provided alwaies nevertheless and it Proviso to make void repayment c. if this be lost is the true intent and meaning of these presents and of all the parties hereunto That if the said Ship in this present intended Voyage shall happen to be lost miscarry or be taken by Men of War or Pirats which God forbid that then this present Writing or Deed and every Covenant payment matter and thing therein contained on the part and behalf of the said A. B. to be done payed and performed shall be utterly void and of none effect And that then I the said A. B. my Executors or Administrators shall not be any waies chargable or lyable to pay the said several sums before mentioned or either of them or any part of them to the said C. D. his Executors Administrators or Assigns but that he and they are to lose the same and every part thereof Any thing herein before contained to the contrary hereof in any wise notwithstanding 25. And it is agreed by and between the Not to run any longer hazard than fourteen months said Parties to these presents That in case the said Ship shall not be returned into the said River of Thames from the said intended Voyage at the end of fourteen months to be accounted from the day of the date of these presents and that at the end of the said fourteen months there shall not be a just proof made of her loss happening within the time aforesaid That then I the said A. B. mine Executors Administrators or Assigns shall and will within twenty daies next after the end and expiration of the said fourteen months well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns at the place of payment aforesaid the said sum of one hundred and thirty pound in case the said Ship shall not go unto the Island of May aforesaid and the said sum of 140 pound in case the said Ship shall go unto the said Island of May as aforesaid And that the said C. D. shall not run the hazard and adventure of the said sum by him adventured as aforesaid upon the body of the said Ship any longer than fourteen months to be reckoned and accounted as aforesaid The Condition of a Bond upon the same 26. THe Condition of this Obligation is To perform Covenants c. in the bill contained such That if the above-bounden A. B. his Executors Administrators or Assigns shall and do well and truly observe perform pay fulfil and keep all and every the Covenants Grants Articles Payments and Agreements and all things which on his or their parts and behalves are or ought to be observed performed payed fulfilled and kept mentioned and conteined in a certain Writing or Bill of Bottombry or adventure of the Date above written made by and from the said A. B. by the name of A. B. of c. Master and Part-owner of the good Ship called the F. of London of the burthen of Two hundred Tuns or thereabouts now riding at Anchor in the River of Thames unto the above named C. D. in and by all things according to the purport and true meaning of the said Writing or Bill of Bottombrie or adventure that then c. Or there may be a sale of the Ship by a collateral Deed for better security with this following Proviso in it 27. Provided alwaies nevertheless That To perform Covenants c. if I the said A. B. mine Executors and Administrators shall and do well and truly observe perform pay fulfil and keep all and every the Covenants Grants Articles Payments Agreements and other things which on our or any of our Parts are or ought to be observed performed payed fulfilled and kept mentioned and conteined in a certain Writing or Bill of Adventure of the Date of these presents made by me the said A. B. unto the said C. D. That is to say in and by al things according to the tenor and true meaning of the said Writing or Bill of Adventure That then and from thenceforth this present Writing and the Grant Bargain and Sale hereby made of the Premises and every Covenant Matter and Thing herein conteyned shall be utterly void and of none effect Any thing herein before contained to the contrary hereof in any wise notwithstanding In witness whereof c. An Assurance of Goods outward bound 28. IN the name of God Amen We it known What is assured unto all men by these presents That I A. B. of London Gentleman do by these presents assure unto C. D. and E. F. the sum of Thrèe hundred and fifty pound sterling being the full price and value of goods for and on the behalf of the said C. D. and E. F. laden and to be laden aboard the good Ship called the Elizabeth of London of the burthen of One hundred Tuns or thereabouts the Master of the said Ship being now T. B. or whosoever else shall go as Master of the said Ship and out of the Port of London To what Place unto the Island of c. in the Parts beyond the Seas then the said Ship to be arrived and the goods discharged and layd on land in good safety And that this present writing of Assurance shall be of as good force and strength to all intents and purposes as if I the said A.

or vexation shall cause procure or willingly permit against the said C. D. his Execu●ors Administrators Sureties Factors or Assigns In witness Another to a Debtor beyond the Seas for six Months paying six shillings eight pence a pound 40. TO all c. We c. nameing the Creditors Leave given for six Months to come to and abide in England send greeting c. Whereas C. D. Merchant now resident in the Parts beyond the Seas is indebted unto his Creditors whose names are hereunder written in several Sum and Sums of Money and being unable to pay us our whole Debts we do hereby declare that every one of us who shall subscribe these presents with his proper name or mark shall and will give him free leave and license both for his person and goods to go come abide and be amongst us for the term of six Months to be computed from the Date hereof without our or any of our lett trouble suit arrest or disturbance 41. And further that if the said C. D. his Exe●utors If Creditors be satisfied six shillings and eight pence a pound to give a Release Administrators or Assigns shall within the space of six Months aforesaid to be computed from the Date hereof pay or cause to be payed unto us for and in respect of the several Debts owing severally unto us six Shillings and eight pence sterling by him to us severally owing not accompting Interest for the said several Debts to us owing or for any Part thereof That then we shall accept of the said six Shillings and eight pence the pound in full of the said Debt and Debts to us severally owing and shall give unto him or them thereupon at his costs and charges general Acquittances and Releases from us and every of us and in further declaration of our leaves and license to him given as aforesaid we do promise to seal and subscribe unto him a Letter of License to be made according to the purport and true meaning hereof Witness our hands this day of c. Another in brief 40. TO all c. We or such of us who have License given to come into England and abide six Months without the trouble of the Creditors signed and sealed these presents being Creditors of C. D. an English Merchant now reuding at F. in the Parts beyond the Seas do send greeting Whereas the said C. D. is indebted to us his said Creditors severally in divers Sums of Money for which by reason of bad Debts and other casual Hindrances as well by Sea as Land he is unable to give unto us present satisfaction and having desired as well by s●veral of his own Letters as by Mediation of his friends here resident in England for a time without our or any of our molestations arrests suits or interruption to come over into England and to reside here as well to gather in and recover the Debts to him due here as to make his true estate known unto us and as much as in him lyeth to give us and every of us satisfaction for the said Debts by him to us particularly owing Vnto which request and desire of the said C. D. we do hereby condescend and are content that he shall come over into England and stay or abide in London or elsewhere within the said Kingdom in peace and quiet and without the arrest suit trouble or molestation of us or any of us for and during the space of six Months to be computed from the Day of the Date hereof In witness c. Another to a Debtor resident in England for a years time 43. TO all c. We A B. C. D. E. F. and G. H. of London Merchants do send greeting Recit I of the Debts Whereas I. C. Citizen and Vintner of London for and by reason of Commerce and divers Contracts Agreements and other causes Between him and us the above-named persons severally passed and had standeth and is indebted to us the said A. B. C. D. E. F. and G. H. severally in divers and sundry great sums of Mony as by several obligations and specialties under his hand and seal unto us severally made it doth and may appear 44. Now know ye that we the said A. B. Liberty to Negotiate without interruption C. D. E. F. and G. H. for divers sundry good and charitable causes and considerations us hereunto especially moving Have given and granted and by these presents do give and grant full licence and liberty unto the said I. C. quietly and freely to go about attend and negotiate as well his own private affairs and businesses as also all other matters and things whatsoever he hath or shall have to do and prosecute for any person or persons whatsoever as well within the City of London as elsewhere within the Kingdom of England at all and every Time and Times from henceforth for and during the space of Twelve months to begin and commence from the day of the Date hereof without any manner of let disturbance stay arrest or attachment of his person or of his Goods Chattels Mony Merchandizes or any other his Commodities or things whatsoever by us the said A. B. C. D. E. F. and G. H. or any of us or by the Executors Administrators or Assigns of any of us on this side or within the space of Twelve months to be accounted as aforesaid 45. And we are not only contented and agreed The Debts released of such as shall pursue c. contrary to this Licence to give and grant this our present Licence unto the said I. C. for and during the Time aforesaid within which space he the said I. C. doth intend the payment or satisfaction of all and every the said Debts but also we and every one of us for his part doth by these presents agree and declare that if it shall happen the said I. C. in his person Wares Goods or Merchandizes or any of them within the said time or space of Twelve months next ensuing the Date hereof by us or any of us the said Creditors or by our or any of our E●e●utors Administrators or Assigns or by any other person or persons by or through the authority com●andment will consent or procurement of us or any of us against the tenor form and effect of these presents in any wise to be arrested sued impleaded molested or attached that then he the said I. C. his Heirs Executors and Administrators shall by virtue of these presents for evermore be clearly acquitied and discharged against him or them of us by whom or by whose authority means or procurement he the said I. C. his Goods Wares Moneys or Merchandizes shall be contrary to the form effect and true meaning of these presents to be vexed molested attached sued arrested or hindered of all manner of actio●s suits debts and demands whatsoever they be from the beginning of the world until the day of such arrest suits attachment or molestation In witness

c. Another to have free liberty to go to and from the Creditors to Compound c. 46. TO all c. We A. B. C. D. c. Creditors of Recital of his inability for present payment E. F. Citizen and Mercer of London do send greeting Whereas the said E. F. the Day of the Date hereof is indebted and doth owe unto us the said Creditors severally divers sums of Mony which by reason of some losses happened unto him as he informs us he is not able presently to satisfie and pay as he willingly would but desireth our favour and respit of time for the payment thereof 47. Therefore know ye that we the said Creditors Licence and liberty given above-named moved with compassion and the desire which the said E. F. hath to and for the satisfaction of our said debts Have given and granted and by these presents do give and grant unto the said E. F. full and sure liberty and freedom as much as in us or any of us lyeth to go come and resort unto us and every of us his said Creditors to compound and take order with us and every of us for our and every of our said several Debts without any let trouble suit arrest attachment or other impediment to be offered or done to him the said E. F. his Wares goods or Merchandizes for and during the space or time of two months next ensuing the Date of these presents 48. And if it happen that the said E. F. his He that sueth contrary to the Licence to lose his debt Person Goods or Chattels within the said space of two months by us or any of us the said Creditors our or any of our Executors Administrators or Assigns to be arrested sued troubled attached or molested contrary to the true intent and meaning of these presents That then he the said E. F. his Executors Administrators and Assigns shall for ever be acquitted and discharged against him or them of us his or their Executors Administrators or Assigns by whose authority means or procurement he the said E. F. his Goods or Chattels shall be sued arrested attached or molested as aforesaid of all manner of actions suits debts and demands whatsoever from the beginning of the world until the day of the date of these presents In witness c. 49. Or there may be Covenant from the Covenant not to molest the Debtor c. Creditors not to sue or molest the Debtor in manner following And we the said Creditors all and every of us severally for himself and for our and every of our Executors and Administrators do and doth severally Covenant promise and grant to and with the said E. F. his Executors and Administrators by these presents That we the said Creditors or any of us our or any of our Executors Administrators or Assigns or any other Person or persons by our or any of our their or any of their authority assent consent or procurement the said E. F. his Executors or Administrators or any of his their or any of their Goods Chattels Debts or other things shall not nor will not in any wise sue arrest implead attach imprison condemn trouble seize or molest for or concerning satisfaction or payment to be made to us or any of us our or any of our Executors Administrators or Assigns of or for our said several Debts and Duties or any of them or any part or parcel of them or any of them or for any other matter or thing whatsoever which For finding Sureties we or any of us can or may have pretend or demand of or against the said E. F. or to find or provide for us or any of us our or any of our Executors Administrators or Assigns any other Sureties or Securities for the satisfaction or payment of the said several Debts and other things or any of them or any part or parcel thereof other then all or any of us now have or severally hath for the same during the Time aforesaid In witness c. A Letter of Composition for half Debts 50. TO all to whom c. A. B. C. D. c. Creditors of E. F. c. do send greeting Whereas the said E. F. the Day of the Date of Recital of the Debts these presents is and standeth justly indebted and doth owe unto us the several parties above-named divers and several sum and sums of Mony And by reason of the many losses great hinderances and other damages happened unto him he is utterly unable as he affirmeth and as he hath made appear unto us to give other satisfaction for his said Debts than by and with such Goods and Wares as are now remaining in his hands and such Debt and Debts as are now at present owing unto him which we the said Creditors are unwilling to accept or in any wise to intermeddle with but have rather resolved and made choice to undergo a loss certain and to accept of ten shillings per libram or the one half Creditors acceptance of half of the Debts by him owing unto us to be duly payed in full satisfaction for our said Debts in manner and form following c. here set down the Manner and Days of payment 51. Now know ye that we the said Creditors Covenant and obligations to be entred into for paiment do Covenant and grant and every of us for his own part and for his own Executors and Administrators doth Covenant and grant to and with the said E. F. his c. That if the said E. F. his c. or any of them shall well and truly pay c. here set down as before the manner of payment or for the sure payment thereof in manner and form aforesaid shall before the day of c. next ensuing the Date of these presents become bounden unto every of us in several penal Obligations in double the said sums to be contained in the several Conditions thereof And further that if the said Obligations and every of them shall be delivered to such person or persons as we shall appoint duly sealed and executed by the said E. F. at or before the c. next ensuing the Date hereof That then from and after such payment made as aforesaid or the said several Obligations made executed and delivered as aforesaid for the several payments aforesaid according to the intent and true meaning of these presents we the said Creditors and every of us and the Executors c. shall and will hold our selves well contented and satisfied for all such Debts as he the said E. F. did formerly owe unto us or any of us before the sealing of the said Obligations 52. And that then also we t●e said Creditors To Seal Releases and every of us or the Executors c. within ten days next after such payment made as aforesaid or the sealing and delivery of the said Obligations according to the true intent and meaning of these presents shall and will

for touching or concerning the same 88. In consideration whereof the Executors The Executors of the Party deceasing to release all demands or Administrators of the said deceased Party shall upon receipt of the said Security sufficiently and in due form of Law remiss and release unto the said Survivor his Executors and Administrators all the part share right title interest claim and demand whatsoever which they the said Executors and Administrators o● the deceased Partie and every or any of them have or hath or may can might should or ought to have in to or out of all and every or any of the Stock Estate Mony Goods Wares and Debts which were in or belonging to the said joynt Trade or Copartnership at the decease of the Party so Except desperate Debts which are to be divided first dying or at any time before except such Debts as were accounted desperate which by the agreement of bath the said Parties to these presents for them their Executors and Administrators are to be equally divided between the Survivor and the Executors and Administrators of the deceased Party as they or any of them shall be received or gotten in 89. And it is further covenanted and agreed How the Estate is to be divided if either die before account made by and between the said Parties to these presents That if either of the said Parties shall happen to depart this life before any yearly Account shall happen to be made between the said Parties touching the said joynt Trade that then the surviving Party his Executors and Administrators shall have and take to his and their own use and b●hoof all the Moneys Goods Wares Debts and other Estate whatsoever in or belonging to the said joynt Trade at the time of such decease and shall satisfie the Debts joyntly owing by the said Parties as aforesaid at the time of such decease and shall truly pay unto the Executors or Administrators of the first deceased Party within one year then next ensuing so much lawful English Money as the Stock that then shall be brought into the said joynt Trade by the Partie so deceasing did come and amount unto and that such security shall be given for the same and for the saving harmless of the Executors or Administrators of the deceased Partie of and from the Debts and Duties joyntly owing by the said Parties as aforesaid as is above mentioned to be given for the like purposes in Case the decease of the Partie so first dying had happened after the making of an yearly Release Accompt as aforesaid And that then also the like Release shall be made and given by the Executors or Administrators of the first deceasing Partie to the surviving Partie his Executors and Administrators as is above mentioned 90. And the said A. B. for himself his Touching the Messuage if A. B. do c. Executors and Administrators doth covenant and grant to and with the said C. D. his Executors and Administrators by these presents That if the said A. B. shall happen to decease within the said term of three years that then the Executors or Administrators of the said A. B. shall within twenty Dayes next after his decease demise and grant unto the said C. D. if he shall be then living his Executors and Administrators all the said Messuage or Tenement above mentioned for and during the then Residue of the said Term of three years at for and under the yearly rent of twenty three pound of lawful Moneys of England to be by the said demise reserved quarterly to be payed and with such Covenants to be inserted in the said Demise on the Part and behalf of the said C. D. his Executors Administrators and Assigns to be performed and kept as are conteined in the Lease whereby the said A. B. holdeth the same so that the said C. D. do upon the Sealing and Delivery of the said Lease seal and deliver the Counter-Party thereof as his act and deed unto the Lessor or Lessors therein named 91. And it is covenanted concluded and agreed How to compose differences by and between the said Parties to these presents for them their Executors and Administrators That if any Variance Strife Difference or Controvers●e shall at any Time hereafter during the said Copartnership or at the end thereof happen to grow arise or be between the said Parties to these presents their Executors or Administrators or any of them upon touching or concerning their said joynt Trade or any their buyings sellings accompts matters or things relating thereunto or for or touching any Covenant Matter or Thing in these presents conteined That then and so often they the said Parties to these presents their Executors or Administrators shall upon reasonable request made by either or any of them unto the other of them before any Suit shall be commenced for or touching the same elect name and chuse two indifferent Persons to hear and determine the same differences and matters of difference one of which Arbitrators the said A. B. his Executors or Administrators Arbitrators shall chuse and name And the other of the said Arbitrators the said C. D. his Executors or Administrators shall name and chuse And that each of the said Parties his Executors and Administrators shall respectively stand to and abide perform and keep such award order determination and judgment which the said two Arbitrators shall make and give in writing under their hands and seals unto the Parties subject by these presents thereunto upon and touching the said differences and matters in difference so that the said award be made and given as aforesaid in writing within thirty Dayes next after the Choice and Nomination of the said Arbitrators in that behalf And in case the said Arbitrators shall not make and give forth their said award as aforesaid within time before limited for the doing thereof then each of the said Parties Umpire his Executors and Administrators shall and will stand to abide perform and keep such Award Order and Vmperage as such one Person Vmpire to be elected and chosen by the said Arbitrator shall make and give forth in Writing as aforesaid under his hand and seal upon and touching the said differences and matters in difference within twenty dayes next after the end of the said thirty Dayes And in case the said Vmpire shall not make and give forth as aforesaid his said Award and Vmpirage within the time above limited for the doing thereof that then each and every of them the said Parties his Executors and Administrators shall and will for his and their Parts stand to abide perform and keep such Master and Wardens of the company c. Award Order Determination and Iudgment as the Master and Wardens of the Company of Merchant-Taylors in London or the major Part of them shall make and give forth as aforesaid in writing under their hands and seals upon and touching the said differences and matters in difference within

Doors to be made of good dry Deal glued and battered And also one convenient Chimney to Chimneys every of the said upper Rooms of such dimensions depth and wideness and place the said Partitions Doors and Chimneys in such places sort and manner as the said A. B. or his Assigns shall direct And shall make a handsom Back-Window to the Shop transom Window to the back part of the Shop with two Iron Casements therein and well glazed with good Shutts to the same of whole Deal glued lined battered and hinged with good and substantial Hinges And an handsom A Back-Door strong Door into the Yard of whole Deal well smoothed glued battered and hinged with good Bolts to the same and a glass Window over the said Door with good Iron Bars the same Windows to be of such largeness and dimensions as the said A. B. or his Assigns shall direct 24. Item That they shall put one good Lock to the fore-Door strong Lock with a Key to the fore-Door of the said Messuage of eight shillings price at the least and make and put up in the Front even with the fore-Chamber over the Shop one fair Belcony ten foot long of good wrought Iron Belcony and not cast Iron And shall make one handsom pair of Doors of Oak four foot wide at the least with a handsom glass Window on the top of the said Doors to go into the said Belcony And on each side of the said Belcony-Window a convenient two-light transom Window and shall Windows Pediment for a Sign Chamber-Windows make an handsom Pediment in the Brickwall over the Belcony to place a Sign in as the said A. B. or his Assigns shall direct And shall make in the two next Stories forwards a transom Window to each Room of four foot and a half wide or thereabouts of a proportionable depth and on each side of the said Window make a two-light transom Windom uniform with the Windows underneath And to all the back-Chambers a six light transom Window in the rear of every Chamber and a four light transom Window on the East-side of every of the said back-Rooms The Frames of all the said Windows to be good dry oaken Timber well wrought and placed as the said A. B. or his Assigns shall direct And shall make a good strong Iron Casement to the third Story-Window to the Front with a good strong Lock to the same and an Iron Rod in the middle thereof the same Casement to be of such largeness every way as the said A. B. or his Assigns shall direct And shall make a good Iron Casement to such of the said two-light transom Windows in the said third Story on the Front as the said A. B. or his Assigns shall direct And shall also make a good Iron Casement to the four light Window in the fourth Story to the Front and to every Window in the rear All the Windows to the Front-Rooms up one pair of Stairs to have sufficient and substantial Iron Bars And shall make one good clear Story three light luthern Window to the fore-Garret and a three light clear Story Window to the back-Garret the Frames to be of Oak with an Iron Casement in each Garret-Window 25. Item That they shall Plaister and Plaistering and Ceeling Ceel in workman-like manner with good Lime and Hair all the Wals Partitions and Ceelings of every Room of the said House and in every other place necessary except the Cellar and shall lay all the Floors with good whole dry Flooring Deal smoothed and close joynted and shall cover the uttermost Rooms backward or back-Garret Covering with good Lead which Lead shall weigh ●ight pound and a half the foot at the least and make a Brick Wall on the back part and on each side of the said Leads three foot high and cover the said Wall with a Coping or Campshot of good sound Oak Timber and shall cover the fore-Garret of the said House with good plain Tiles and make convenient Gutters of Lead to carry Leaden Gutters the water from the said Roof and Leads into the street and bring the same with a convenient Pipe to the ground and shall raise the ground-Floor Raising the Floor of the said Messuage a convenient height above the street so that there may be a stone-Step of seven inches high or more as shall be convenient at the street-Door and raise every other Story proportionable according to the Acts of Parliament in that behalf And shall build The Front Roof Painting the Front of the said House with good rubbed Brick and carve off the Roof with Cantilavers and Cornishes and shall paint all the Window-Frames Window-Casements out-Doors and Door-Cases Cantilavers and Cornishes of the said House and all out-places necessary Glasing with good Colours well laid in Oyl And glaze all the Windows of all the Front upper Rooms or Chambers and Front-Garret and the back Windows of the Shop with good square Glass well leaded and all the rear and back-Windows except the Shop with Quarries well leaded 26. Item The said C. D. and E. F. for Time of finishing the House themselves and either of them their and either of their Executors Administrators and Assigns do by these presents Covenant promise and grant to and with the said A. B. his Executors Administrators and Assigns as followeth viz. That the said House and all and every the premisses shall be in all things as aforesaid fully and wholly done compleated and finished by or before the twenty ninth day of September now next ensuing And if it shall happen the said work or any part thereof shall not be compleated and finished according to the true intent and meaning of these presents by the twentieth day of October next also ensuing That then and Forfeiture if not finished from thenceforth they the said C. D. and E. F. their Executors and Administrators shall and will well and truly pay or cause to be paid unto the said A. B. his Executors Administrators or Assigns the sum of ten shillings sterling by the day for every day which the said Work and Building or any part thereof shall so remain and be unfinished and uncompleated 27. And that they the said C. D. and E. F. To save harmless from the Acts touching Building their Executors and Administrators shall and will from time to time and at all times hereafter well and sufficiently save and keep harmless and indempnified the said A. B. his Executors Administrators and Assigns and every of them and the said Messuage and all and every his and their other Lands Tenements and Hereditaments Goods and Chattels of and from all fines pains penalties punishments and forfeitures whatsoever contained in the said Acts of Parliament or any of them for or by reason of any irregularity which shall happen in the said Building or any part thereof contrary to the said Acts of Parliament or any of them for

suggests the Cognizor is dead and pray's a Scire facias against his heir ET super hoc iidem Richardus Jana dicunt quod pred Johannes Law in fine pred nominat mortuus est quodque Elizabetha Law est filia heres predict Johannis Law cui stat in feodo simplici de in Manerio Tenementis predictis cum pertin per finem pred concessus fuit Quodque eadem Elizabetha est modo uxor Alex. Page Et pet brev domini Regis ad premuniend predictos Alex. Eliz. essendi coram domino Rege auditur Record processum predict ei conceditur c. Ideo precept est Vic. Essex quod per probos c. scire fac pred Alex. Eliz. quod sint coram domino Rege apud Westm A die Pasche in quindecim dies ubicunque c. auditur Recordum processum pred si c. Et ulterius c. Idem dies dat est prefat Richardo Jane ibidem c. Ad quem diem coram domino Rege apud Westm ven pred Richardus Jana per Attorn suos pred Et Vic. videlicet A. B. modo mand quod ipse virtute brevis predict sibi inde direct scire fecit prefat Alex. Elizabethe essendi coram dict domino Rege apud Westm. ad diem locum predict prout sibi per brev pred precept fuit per M. R. J. D. probos c. qui quidem Alex. Elizabeth sic premuniti quarto die placiti solempnit exact per J. B. Attorn suum similiter ven super quo pred Richardus Jana ut prius dicunt quod in Recordo processu pred acetiam in levatione finis predict manifeste est Errat allegando Errores predict per ipsos in forma pred allegat Et pet quod finis pred ob errores illos alios in Recordo processu predict compertos revocetur adnulletur penitus pro nullo habeatur Et quod ipsi ad omnia que ipsi occasione finis pred amiser restituantur c. H. 26 Eliz. Rot. 93. in Banco Regis CAP. XI The Charges of a Fine acknowledged either before the Lord Chief Justice at the Bar or before a Judge of Assize or Commissioners in the Countrey by Dedimus Potestatem Sect. I. The Charges of a Fine acknowledged before the Lord Chief Justice are as follow     s. d. DRawing the Precipe and Concord 0 3 4 Acknowledging thereof before the Chief Iustice 0 11 8 Writ of Covenant 0 3 0 Imposition upon the Writ of Covenant 0 0 6 For the Kings Fine according to the value of the Land Imposition thereupon accordingly   The several Fees at the Alienation Office 0 2 4 Warant of Attorney making and filing 0 0 4 Paid at the Inrollment Office 0 2 0 To the Custos Brevi●m 0 3 8 To the Kings Silver-Office in Term time 0 0 10 If out of the Term 4d more if taken before the Chief Iustice but if by Dedimus you pay 0 1 8 To the Chirographer in Term time and 6d more after 0 5 8 For the Indentures to the Chirographers Clerks for the first warranty 0 3 6 For every Warranty afterwards 0 0 6 Attorneys Fee 0 6 8 Sect. II. The Charges of a Fine acknowledged at the Bar.   l. s. d. TO a Sergeant at Bar 0 3 4 To the second Prothonotary or his Clerk in Court for Recording the Fine 0 1 4 Fees paid in Court to the Box and Officers 0 0 6 In all things else the Fees are the same of a Fine acknowledged at Bar as if it had been taken before the Lord Chief Justice Sect. III. The Charges of a Fine acknowledged before Commissioners in the Country by special Dedimus potestatem TO the Cursitor for the Dedimus with Imposition 1 4 8 To a Iudge for his hand or Allocatur in case a Knight be not present at the Caption 0 4 0 But when a Knight is present you need not a Iudges hand       The rest of the Fees are the same in this Case as when acknowledged before the Lord Chief Justice Sect. IV. The Charges of a Fine taken before a Judge of Assize     s. d. IN this case the Charges are the same as when acknowledged before the Lord Chief Iustice the Fee for the Caption being also 0 11 8 Onely you pay to the Cursitor for a Dedimus potestatem 0 9 6 The rest of the Fees are as Sect. the first ARCANA CLERICALIA OR A Treatise OF Common Recoveries UPON WRITS of ENTRY IN le Post WITH Notes and Observations thereupon AND A TABLE of Fees Printed Anno Dom. 1673. Arcana Clericalia OR A Treatise OF Common Recoveries UPON Writs of Entry In le Post A Common Recovery defined A Common Recovery is onely fictio Juris or a Conveyance by consent used for the better assuring of Lands and Tenements upon any man wherein the Recovery in value the supposed Recompence for him which loseth his land is but a fiction in Law And this Recovery by assent is now by custome become a Common Assurance and Conveyance upon which Vses may be limitted and raised Coke 1 part Sir William Pelhams Case 14. But there is a great difference between a Recovery by assent and a Recovery without assent of the Parties Vide 14. El. Cap. 8. The former definition explained IF any person have a desire to render himself capable of disposing of Lands or Tenements which are intayled upon him and would be enabled to sell give or bequeath them as he pleaseth the course is to procure some friend to bring a Writ against him for this Land or in case where he doth sell the Land perhaps he that buyeth it or is to have it setled upon him shall bring the Writ against him that is to make the Assurance of the Land if it be with a single Voucher And in this case the Demandant being Plaintiff in this Action doth suppose that the Tenant or he against whom the Writ is brought hath no right to the Land but that he onely viz. the Demandant hath right thereunto and that the Tenant came to the Land wrongfully by means of one Hugh Hunt a stranger therein named And to this Writ the Tenant doth appear either by Attorney or in person and then doth enter into defence of the Land but in Pleading doth vouch to warant such a man from whom or his Ancestors the Lands in question are supposed to come to him or his Ancestors the Ancestor of which third person obliging himself and his heirs by Conveyance to warant and make good the Title to him or them to whom it was Conveyed and thereupon he prayeth that this Vouchee or third person may be called into Court to defend this Title whereupon being called he doth appear and seem to defend the Title denying that the Tenant came to the land wrongfully by means of the aforesaid Hugh Hunt upon which he takes Issue

illius sibi directi nono die Februarii ult preterito habere fecit prefato Josepho plenariam seisinam de tenementis predictis cum pertinentiis prout per breve illud sibi preceptum fuit c. The Writ of Seisin must be retornable at the least fifteen daies after the retorn of the Writ of Entry but if the Writ of Entry be retornable towards the latter end of the Term so that there be not fifteen daies between the retorn of the Writ of Entry and the end of the Term then the Writ of Seisin must be retornable Indilate as in the Entry next before And the Writ of Seisin must alwaies bear Teste of the retorne of the Writ of Entry And so it is also if the Recovery come in by Summons the Writ of Seisin must ha●e the like proceedings after the Writ of Summons Observanda In a Recovery with treble Voucher are included What a Recovery with treble Voucher is Four Recoveries The first by the Demandant against the Tenant The second by the Tenant against the first Vouchee The third by the first Vouchee against the second Vouchee And the fourth by the second Vouchee against the Common Vouchee The scope of a Common Recovery with treble The scope and intent of a Recovery with treble Voucher Voucher is to make a perpetual Bar of the Estates of the Tenant and of every such Estate of Inheritance as at any time had been in the first or second Vouchee or any of them or either of their Ancestors whose Heirs he or they are of such Estate and as well of every Reversion thereupon dependant as also of all Leases Estates Charges and Incumbrances derived out of any such Reversion or remainder ss CArolus secundus c. Rex Vicecomiti S. salutem A Writ of Summons to Warranty Sum. per bonos Sum. W. L. quod sit coram Justic nostris apud Westm à die Sancti Michaelis in tres Septimanas ad war E. G. tria Mesuagia cum pertin in Villa S. que J. J. in Curia nostra coram Justic nostris apud Westm clam ut jus suum versus presat E. per breve nostrum de Ingressu super disseisinam in le Post Et unde idem E. in eadem Curia nostra voc predictum W. sum in Comtuo ad War versus eum Et habeas ibi sum hoc breve Teste Jehanne Vaughan apud Westm decimo die Junii Anno regni nostri vicesimo ter●io Observanda The Writ of Summons must be retornable ●ive Retorns inclusive after the retorn of the Writ of Entry as for Example If the Writ of Entry be 17 Ca. 1. cap. 6. before which Statute there ought to have been nine Reterns between the Teste and return of every Writ retornable Quindena Pasche then the Writ of Summons must be retornable Cras Ascensionis being the fifth retorn inclusive from Quindena Pasche And you are to observe that Crastin Ascensionis domini was no retorn which could be used as to Recoveries or any other real Action until by the said Statute 17 Ca. 1. 6. it was made a good and perfect Retorn So if the Writ of Entry be retornable Crastino How the Writ of Summons must bear Teste Martini the Writ of Summons must bear Teste from that retorn of Crastino Martini and be retornable five Retorns after Inclusivè that is to say accounting Crastino Martini for one of the five Retorns and Quinden Hillarii which is the fifth Retorn after Crastin Martini for another And the How the Writ of Seisin must be retornable and bear Teste Teste of the Writ of Seisin must be the Teste day of that fifth Retorn and be retornable Indilate because there are not fifteen daies within Hillary Term after Then the Writ of * How to return the Writ of Seisin Seisin may be retorned that Seisin was delivered by virtue thereof to the Demandant by the Sheriff of the County where the Lands lye upon any day not being Sunday between the Teste and the end of the Term from which day and the end of the Term by possibility the Sheriff might come from the land to Westminster before the rising of the Court. If a Recovery be with single Voucher the Precipe Notanda Vpon a Recovery with single Voucher must be brought against the Tenant in Tayl in possession and he to Vouch the Common Vouches If with † Vpon a Recovery with double Voucher Entry of a Wr●● of Summons to Warranty double Voucher a Writ of Covenant must be brought against the Tenant and a Writ of Entry against the Cognizee of the Fine who must Vouch the Tenant in Tayl then the Writ of Covenant must be Teste and retornable before the Writ of Entry and this is called a double Voucher ss J. J. in propria persona sua petit versus E. G. Armigerum tria Mesuagia tria Gardina quadraginta acras Terre quinquaginta acras Prati sexaginta acras Pasture quadraginta acras Bosci Centum acras Jampnorum Bruere cum pertin in R. vt j●s hereditatem suam Et in que idem E. non habet ingressum nisi post disseisin●m quam Hugo Hunt inde injuste fine judicio fecit prefato J. infra triginta Annos c. Et unde dicit quod ipsemet fuit seisitus de tenementis predictis cum pertinentiis in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiendo inde explesias ad valentiam c. Et in que c. Et inde producit sectam c. Et predictus E. per C. D. Attornatum suum venie defendit jus suum quando c. Et vocat inde ad warantizandum W. L. sum in Comitatu predicto habeat eum hic a die Sancti Michaelis in tres septimanas per Auxilium Curiae c. idem dies datus est partibus predictis hic c. Salop. ss J. J. in propria persona sua Pet. versus Entry of a Recovery with double Voucher by Summons E. G. Armigerum tria Mesuagia tria Gardina c. cum pertin in R. ut jus hereditatem suam Et in que idem Edwardus non habet ingressum nisi post disseisinam quam Hugo Hunt inde injuste fine judicio fecit prefato Johanni infra triginta Annos c. Et predictus Edwardus per C. B. Attorn suum venit Et alias vocat inde ad War W. L. qui modo per sum ei in Comitatu predicto factam per C. G. Attorn suum fimiliter venit Et gratis Tenementa predicta cum pertin ei War c. Et super hoc predictus Johannes pet versus ipsum W. tenen per War suam tenementa predicta cum pertin in forma predicta c. Et unde dic quod ipsemet fuit seisitus de tenementis predictis cum pertin in dominico

two Months next after the end of the said twenty Dayes 92. Provided nevertheless and it is covenanted If either prove unfaithful Copartnership to cease concluded and agreed by and between the said Parties to these Presents for them their Executors and Administrators That if either of the said Parties shall be untrue uniust or unfaithful unto the other of them in any buyings sales receipts or payments belonging to or concerning the said Copartner-ship That then or at any times afterwards upon notice of dislike given thereof by either of them to the other of them the said Parties and desire thereupon signified that the said Copartnership shall determine The said Copartnership and joynt Trade shall cease determine and be dissolved And that the like Account Partition and Division shall be made between the said Parties to these Presents their Executors and Administrators of the said joynt Stock and Proceed thereof and shall do all other things concerning the said joynt Trade in such manner and form to all intents and purposes in every respect as they are to do at the end of the said three years And that from and after the end and dissolution of the said Copartnership in manner and form aforesaid the said Term and Interest granted unto the said C. D. of and in Part of the said dwelling house and shop in manner aforesaid shall likewise cease determine and be void In witness Another between two Brewers 93. This Indenture made c. Between A. B. Re●ital that they are joyntly seized of a Brew-house c. of the one Part and C. D. of the other Part whereas the said A. B. and C. D. do stand joyntly interested and possessed of and in one Messuage or Tenement with the Appurtenances and of and in one Brew-house scituate in c. late in the occupation of E. F. for divers years yet induring and also of and in one Copper and divers and sundry brewing Vessels Goods Implements and houshold-stuff by virtue of one Lease bearing Date c. made between the said E. F. on the one Part and the said A. B. and C. D. on the other Part And whereupon the yearly rent of c. is reserved to be payed and likewise are possest of and interessed in a certain parcel of ground stables hay-lofts and other Rooms now used with the said Brewhouse as Part of and appertaining to the same for certain years also yet induring by vertue of one other Lease to them made by the said E. F. bearing date c. under the yearly Rent of c. as by the said two several Indentures of Lease relation being thereunto had more fully and at large it doth and may appear 94. Now witnesseth that the said parties Their joyning in Copartnership to these presents out of love and affection which they have unto each other and confidence and trust in each other reposed and to the end that the said parties may by Gods blessing increase in Stock and be the better inabled to maintain themselves and their Families Have concluded condescended and agreed together and by these presents do conclude condescend and agree to be Copartners and joynt Dealers in the mistery or trade of brewing of Beer and Ale in the said Brew-house immediately from and after the day of the Date hereof for and during the time and term of c. from thence next ensuing and fully to be compleat and ended if both the said parties shall and do so long live 95. And to that intent and purpose the said Stock put in A. B. for his part and portion of the Stock to be imployed in the said joynt Trade hath put in the sum of Two hundred pounds of lawful Moneys of England and likewise the said C. D. for his part and portion of the said Stock hath put in the like sum of Two hundred pounds of like lawful Moneys of England to be likewise used and imployed in the said Copartnership and joynt Trade 96. It is now Covenanted granted and To have equal parts agreed by and between the said parties to these presents And ●ither of them for himself his Executors Administrators and Assigns respectively doth Covenant and grant to and with the other of them his Executors Administrators and Assigns by these presents that they and either of them their several Executors and Administrators shall be alike interessed and have retain and assume to their own several uses equal shares parts and portions of in and to the said several Stocks by them severally put in to be imployed in this Copartnership and of all and every such other sum and sums of Mony as thereunto shall hereafter be by them added or put and of in and to all the gains profits and increase to come or grow thereof or of any part thereof or by any advantage arising by the said Partnership 97. And for the sure and more effectual proceeding To be faithful in and industrious for the advancement of the Trade in the said Copartnership to the best benefit and advantage of the said several parties to these presents either of the said parties for himself and for his several Executors and Admininistrators respectively doth Covenant promise and grant to and with the other of them his Executors and Administrators by these presents in manner and form following that is to say That each of them shall and will from time to time during the said Copartnership be true and faithful to the other of them in every thing in about and relating to the said Trade and mistery of Brewing and all other things which shall any waies concern the said Copartnership and shall do and perform his and their best endeavours from time to time during the said Copartnership to the best of their wit knowledge power and skill in Brewing of Ale and Beer or either of them in the said Brew-house and in uttering and selling of the same and in all other things necessary and convenient to be put in ure touching or concerning the said Copartnership and joynt occupying for the bringing in of gains and as much as in them or either of them lieth for the avoiding and preventing of loss 98. And that all losses and dammages Losses charges c. to be equally born which shall happen or come in the said joynt trade and management thereof either by evil or bad Debtors or other Casualties howsoever so as it be not through the wilful negligence or deceit of either of the said Parties and that all Subsidies Taxes and other Impositions to be charged and imposed upon the said Parties or either of them by reason of this Copartnership and joynt trade or stock and all other charges for Rent of the said Brew-house and the said Messuage or Tenement and other Houses and Grounds which are and shall be used with the said Brew-house and all charges of Reparations to be done by the Covenants in the said several Leases or either of them contained and all other