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judgement_n advise_v aforesaid_a attorney_n 3,390 5 12.3801 5 true
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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

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That the Mannor is of such value Further Assurance clear yearly value of One Hundred pounds per annum over and above all Charges and Reprises And here also may be added a Covenant from A. B. for further Assurance c. viz. for the better and more perfect assuring and sure making of all and singular the Premisses to the said E. G. for term of her life only in form aforesaid And that all and every Feoffments Fines Conveyances and Assurances to be had made knowledged done suffered or executed of the said Premisses or any part thereof by the said A. B. during the life of the said E. shall be and inure to the uses intents and purposes aforesaid and to none other use intent or purpose whatsoever And further that she the said E. To enjoy from and after the decease of the said A. B. according to the intent and true meaning of these presents shall or lawfully may during the term of her natural life have hold and quietly enjoy the said Mannor c. without any lawful let suit eviction or interruption of the Heirs or Assigns of the said A. B. or of any other person or persons whatsoever lawfully claiming by from or under the said A. B. his Heirs or Assigns or any of them 9. And the said A. B. for himself his Executors Not to intermeddle with his Wives Childrens Portions and Administrators doth 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 by these presents that he the said A. B. his Executors or Administrators shall not at any time or times hereafter have receive take or any way intermeddle with the Portion or Portions Legacy or Legacies or any part thereof appertaining or belonging given or bequeathed due or to be due to I. G. B. G. and R. G. the Children of the said E. G. or any of them or with the increase or profits thereof or by reason of the same arising coming or growing or that hereafter shall arise come or grow of the same or any part or parcel of the same increase other than such parcel thereof as by Covenant hereafter in these presents expressed is yearly to be paid unto the said A. B. or his Assigns for and towards the charges of bringing up the said Children but shall permit and suffer the said C. D. and E. F. and the Survivor of them and the Executors or Administrators of the Survivor of them to have the ordering putting forth and disposing of the said Portion and Portions Legacy and Legacies sum and sums of Mony appertaining and belonging unto the said Children and every of them and every part and parcel thereof and of the increase and profits arising by the said Moneys and every part thereof for the benefit and advantage of the said Children respectively according to the appointment and direction of the said E. G. 10. And that he the said A. B. shall deliver To deliver up all the Specialties which touch the Childrens Portions to the Trustees To make Letters of Attorney to su● for Portions or cause to be delivered unto the said C. D. and E. F. or the survivor of them upon reasonable request by him or them to be made all such Bonds Obligations and Specialties wherein or whereby any person or persons are or do stand bound unto the said E. for touching or concerning the said Portions or Moneys of the said Children or any of them as shall come unto the hands or possession of the said A. B. and shall also make seal and duly execute unto the said C. D. and E. F. or the survivor of them such Letter or Letters of Attorney for the better enabling them or the survivor of them to sue for and recover the sum and sums of money contained in the said Bonds Obligations and Specialties or any of them as by the said C. D. and E. F. or the Survivor of them or the Counsel Learned of them or the Survivor of them shall be devised advised or required for the use and benefit of the said Children And that the said A. B shall not release or discharge Not to discharge Specialties or release Suits the said Bonds Obligations or Specialties or any of them or any Suit Action or Actions Judgment or Judgments to be had or prosecuted upon the said Bonds Obligations or Specialties or any of them by force of the Authority to be given as aforesaid nor shall at any time hereafter release or countermand the said Letter or Letters or Attorney to be given as aforesaid or any of them 11. And that he the said A. B. shall and To permit his Wife to make a Will will permit and suffer the said E. to dispose by her last Will and Testament in Writing to any Person or Persons whatsoever any sum or sums of Mony at her pleasure not exceeding in the whole the sum of Five hundred pounds And that he the said A. B. shall not any way countermand or revoke the same And that he the said A. B. his Executors and Administrators in case he shall happen to survive the said E. shall and will well and truly satisfie content and pay or cause to be satisfied contented and payed the Legacies in and by the said Will of the said E. to be devised as aforesaid or so much of them as shall not exceed the sum of Five hundred pounds according to the purport and true meaning thereof within one year next after the decease of the said E. upon the lawful and reasonable demand of the several and respective Legacies to whom such Legacy or Legacies shall be given as aforesaid 12. And the said C. D. and E. F. for them The Trustees to make yearly allowance for the Childrens Maintenance and either of them their and either of their Executors and Administrators do Covenant and grant to and with with said A. B. his Executors and Administrators by these presents That they the said C. D. and E. F. or one of them their or one of their Executors or Administrators shall and will yearly from and after the said Marriage so had and solemnized as aforesaid and during so long time as the said Children or any of them shall be at the finding and providing of the said A. B. well and truly pay or cause to be paid unto the said A. B. for every of the said Children so sojourning with and being provided for by the said A. B. the sum of c. per annum at the Feasts of c. by equal portions out of the increase and profit arising and accruing by their respective Portions as aforesaid And that the said C. D. and E. F. and the Survivor of them shall imploy and bestow the residue of the said increase and profit in such sort and manner as the said E. shall direct and appoint for the further benefit and advantage of the said Children And that they To
one other of the said Writs the said E. F. shall demand against the said C. D. one Messuage or Tenement with the Appurtenances lying and being in C. in the County of S. and by the third Writ of entry the said E. F. shall demand against the said C. D. All that Capital Messuage c. scituate lying and being in B. in the County of H. By which three several Writs the said Mannor and several Messuages and Lands aforesaid in them respectively to be contained shall be demanded as aforesaid by such name and names quantities qualities and numbers of Acres as by the said E. F. or his Council Learned in the Law shall be thought fit Unto which said several Writs the said C. D. shall appear gratis and after such appearance and defence by him made thereto shall vouch to warranty the said A. B. who shall likewise appear gratis and vouch over to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and after imparle and make default whereupon the said E F. shall have Judgment to Recover the said several Mannor Messuages Lands and Tenements before mentioned against the said C. D. and that the said C. D. shall recover over in value against the said A. B. and that the said A. B. shall have Judgment to recover over in value against the common Vouchee And it is likewise An other Writ for London by Writ of Right Patent concluded and fully agreed by and between the said Parties to these presents that the said C. D. shall likewise suffer the said E. F. to pursue the Kings Majesties Writ of Right Patent against the said C. D. to be returnable and returned before the Major and Sheriffs of the City of London in the Court of the Hustings of the said City by which Writ of Right the said E. F. shall demand against the said C. D All those several Messuages lying and being in c. within the said City by the name of three Messuages and two Gardens with the Appurtenances of them and every of them in the Parish of St. H. within the said City And that at the day of the return of the said Writ the said C. D. shall appear thereunto and after defence made shall vouch to warrant the said A. B. who shall likewise appear and enter into the warranty and shall vouch to waranty the common Vouchee who shall likewise appear imparse and make default and depart in despight whereby the said E. F. shall have Judgment according to the Laws and Customs of the said City to recover the said three Messuages and two Gardens against the said C. D. and for the said C. D. t● recover in value against the said A. B. and for the said A. B. to recover in value against the said common Vouchee 16. This Indenture c. Between A. B. of To suffer a Recovery with single Voucher the one part and C. D. of the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said Parties to these presents that the said C. D. shall before the Feast of c. purchase and sue forth against him the said A. B. at the proper cost and charges of the said C. D. one original Writ of entry sur disseisin en le post returnable before his Majesties Justices of the Court of Common Pleas at Westminster and shall thereby demand against the said A. B. all that the Messuage Lands c. by such name or names quantities and numbers of Acres as the said C. D. or his Council shall advise or require Unto which said Writ to be purchased the said A. B. shall appear gratis and shall vouch to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and Imparle and make default that thereupon Judgment may be given that the said C. D. shall recover the said Messuage Lands and Premisses with the Appurtenances against the said A. B. and that the said A. B. shall recover in value against the common Vouchee so that a perfect Recovery may be thereupon had And that the said Parties to these presents and the said common Vouchee shall at the cost and charges in the Law of the said C. D. make do suffer and execute all and every matter and thing matters and things whatsoever meet necessary and expedient for the prosecution of the said Recovery according to the Course of Common Recoveries with single Voucher c. 17. This Indenture c. Between A. B. on An other with single Voucher more brief the one part and C. D. of the other part Witnesseth that it is covenanted concluded and agreed by and between the said Parties o these presents for them and their Heirs that before the end of the Term of the Holy Trinity next ensuing the Date hereof there shall be at the only cost and charges of the said C. D. one Recovery with single Voucher in the nature of common Recoveries for Lands Tenements and Hereditaments in such Cases used and accustomed had and executed in his Majesties Court of Common Pleas usually holden at Westminster of all that Mannor c. against the said A. B. Tenent of the said Mannor and Premises with the Appurtenances who therein shall vouch to warranty the common Vouchee who thereupon shall appear gratis and enter into the warranty and afterwards make default to the end that one perfect Recovery shall and may be of the said Mannor Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries for assurance of Lands Tenements and Hereditaments in such Cases used and accustomed c. 14. This Indenture c. Between A. B. and An other with single Voucher by a man and his Wife E. his wife of the one part and C. D. of 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 covenant and grant to and with the said C. D. his Heirs and assigns by these presents That he the said A. B. and E. his wife shall and will permit and suffer the said C. D. to prosecute one Writ of entry sur disseisin en le post against them the said A. B. and E. his wife of and for all that Mannor c. with their and every of their Appurtenances by such name or names quantities and numbers of cr●s and in such sort manner and form as by the said C. D. or his Council learned in the Law shall be reasonably devised advised or required The which said Writ of entry so as aforesaid or in any other manner to be brought shall be returnable in such Court or Courts and before such Judges or Justices as the said C. D. or his Council learned in the Law shall advise or direct bef●re the end of Michaelmas Term now next coming after the Date of these presents