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 Breviâ—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
or persons as should or ought to have had the same by the true intent and meaning of these presents next after the determination of the Estate of the same person or persons so marrying or contracting in such manner and form and of such Estate and Estates as is herein before limited any thing herein before contained to the contrary hereof in A Rent to cease upon a Daughters Marriage without Fathers license or his payment to her a Portion any wise notwithstanding 7. And it is Covenanted concluded and agreed by and between all the said parties to these presents for them and every of them their and every of their Heirs and Assigns And it is the true intent and meaning of the said Feoffment Fine and other assurance of the said Premisses so made as aforesaid That they the said C. D. E. F. and G. H. shall stand and be seâ—sed of the said Mannor and of all and singular other the Premisses to the uses intents and purpose following that is to say to the use intent 〈◊〉 purpose that the said C. B. the Son of the Feoffor A. B. and his Assigns shall and may receive yearly c. And also to the use intent and purpose That K. B. one of the Daughters of the said A. B. shall and may yearly during the term of her natural life have and perceive out of the said Premisses one yearly Rent of Forty pounds per annum of good and lawful money of England to be paid at the Four usual Feasts of the year that is to say at the Feasts of the Annunciation of St Mary the Blessed Virgin St. Ioâ—n the Baptist St. Michael the Archangel and the Nativity of our Lord and Saviour Iesus Christ by even and equal portions And if it shall happen the said yearly Rent of Forty pounds or any part thereof to be behind or unpaid at any of the said Feasts or days of payment whereon the same ought to be paid as aforesaid That then the said K. B. and her Assigns during the life of the said K. shall and lawfully may enter and distrain in and upon the said Premisses or any part thereof for the same so being behind as for a Rent-charge to all intents and purposes 8. Provided alwayes That if the said The Proviso K. B. shall during the life-time of the said A. B. happen to marry without the consent of the said A. B. to such Marriage first had and obtained Or if the said A. B. shall or do at any time during his natural life bestow upon the said K. in Marriage or otherwise the sum of Five hundred pounds of lawful moneys of England That then and from thenceforth the said Annual sum of Forty pounds per annum shall cease and be determined to all intents and purposes whatsoever 9. To the use and behoof of the said A. B. To alter an Use limited to the Wife upon her claim of Dower for and during the term of his natural life without impeachment of or for any manner of waste and from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the term of her natural life and from and after the decease of the said A. B. and E. B. and of the survivor of them to the use and behoof of the right Heirs of the said A. B. for ever Provided always and it is the true intent The Proviso to alter the Use and meaning of these presents That if the said E. B. shall or do at any time or times after the decease of the said A. B. in case she shall fortune to survive him commence or cause to be commenced any Action or Suit for any Dower out of or in all or any of the Mannors Land Tenements or Hereditaments of the said A. B. or whereof he was seised of any Estate of Inheritance during the coverture between her and the said A. B. and shall not hold her self satisfied with the Lands and Tenements aforesaid limited meant and intended to and for her Ioynture and in satisfaction of her Dower That then and immediately from thenceforth the said Vse and Estate herein before limited to the said E. B. shall cease determine and be void to all intents and purposes and that then and from thenceforth the said Cognizees shall stand and be seised of the Premisses and of every part thereof to the use and behoof of the right Heirs of the said A. B. according to the Limitation aforesaid 10. To the use and behoof of the said A. B. Another for and during the term of his natural life and from and after his decease to the use and behoof of E. B. now wife of the said A. B. for and during the Term of her natural life or until such time as she the said E. B. or any other by her allowance or appointment shall by any publick act by her him or them to be done or permitted to be done seek endeavour or put in practice to obtain any Dower of in or to any the Lands Tenements or Hereditaments of the said A. B. or whereof he was seized of any Estate of Inheritance during the Coverture between him and the said E. B. and immediately from and after such publick act as aforesaid or after the decease of the said E. B. and A. B. to the use and behoof of the right Heirs of the said A. B. for ever 11. Let there be a Covenant from A. B. to To alter a Use upon Non-payment of a sum in gross levy a Fine to C. D. and then add as followeth which said Fine so to be had and executed as aforesaid of all and every the said Messuages Lands Tenements Hereditaments and Premisses shall be and inure and shall be deemed construed and taken to be and inure to the onely use and behoof of the said C. D. his Heirs and Assigns for ever 12. Provided alwaies nevertheless That The Proviso if the said C. D. his Heirs Executors Administrators or Assigns shall not well and truly content and pay or cause to be well and truly contented and payed unto the said A. B. his Heirs Executors Administrators or Assigns in or upon the c. next ensuing the Date hereof hereof at or in the now dwelling house of the said A. B. scituate in H. aforesaid the sum of One thousand pounds of lawful Moneys of Englands but in payment thereof or of any part thereof shall make default contrary to the true intent and meaning of these presents That then and from thenceforth the use before limited to the said C. D. of for and concerning all and every the said Messuages Lands Tenements Hereditaments â—â—d Premisses and of for and concerning every part and parcel thereof shall cease and determine â—nd that then and from thenceforth the said Fine to be had and executed as aforesaid and the Execution thereof shall be and inure and the said C. D.
make account to the Mother the said C. D. and E. F. and the Survivor of them shall from time to time when he or they shall be thereunto required by the said E. yeild and make unto the said E. a just true and perfect account of the said increase or profit arising or growing from or by the said Childrens Portions or sums of Mony In witness c. 13. This Indenture made c. Between A. B. and E. his wife on the one part and C. Joyntures after Marriage had D. and E. F. on the other part witnesseth That for and in consideration of a Marriage lately had and solemnized between the said A. B. and the said E. Daughter of the said C. D. and in performance and accomplishment of such Articles and Agreements that passed and were made upon Consideration the Conclusion of the said Marriage And for the making and assuring of a competent Joynture to and for the said E. in case she shall happen to over-live the said A. B. He the said A. B. for himself his Heirs Executors 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 Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his Wife c. To levy a Fine to C. D. and E. F. sur Cognizance Covenant to levy a Fine de droit come ceo c. of Messuages Lands c. 14. And it is the true intent and meaning of all the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That the said Fine so to The uses be had and levyed as aforesaid of the said Messuages Lands c. shall be and inure and the said C. D. and E. F. and the Survivor of them his and their Heirs shall stand and be seized thereof and of every part and parcel thereof to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life and from and after his decease to the use and behoof of the said E. for and during the term of her natural life for her Joynture and in full For a Joynture and in satisfaction of Dower satisfaction of all such Dower as she the said E. may hereafter have or claim of or out of any Lands Tenements or Hereditaments whereof the said A. B. now is or shall be at any time seized of any Estate of Inheritance during the Coverture between the said A. B. and the said E. And from and after the decease of the said A. B. and E. and the Survivor of them To the use and behoof of the Heirs Males of the Body of the said A. B. on the Body of the said E. lawfully to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever with usual Covenant Then add this Covenant And it is further Covenant to alter the use to the Wife upon her suit for Dower Covenanted granted concluded and agreed by and between the said Parties to these presents That if the said E. after the death of the said A. B. in case she shall happen to over-live him shall disagree to and refuse to accept of the said Messuages and Lands hereby setled on her as aforesaid for and in name of her Joynture and shall commence or sue any Action at Law or Suit for any Lands Tenements or Hereditaments which were the Inheritance of the said A. B. during the Coverture between them for her Dower or upon her Title of Dower That then and from thenceforth from and after the commencement of such Action or Actions Suit or Suits the Uses or Estates herein before limited shall cease determine and be utterly void and then and from thenceforth the said C. D. and E. F. shall stand and be seized of all and every the Premisses aforesaid to the use and behoof of the said A. B. his Heirs and Assigns for ever This Indenture or any thing herein before contained to the contrary thereof in any wise notwithstanding 14. This Indenture c. Between A. B. Another after Marriage by way of Feoffment to uses Consideration of the one part and C. D. E. F. and G. H. of the other part Witnesseth that the said A. B. for and in consideration of a Marriage heretofore had and solemnized by and between the said A. B. and E. his now wife and for the setling of a competent Joynture on the said E. if she shall happen to survive and overlive the said A. B. and for the setling assuring and conveying of all and singular the Mannors Lands Tenements and Hereditaments hereafter mentioned with their and every of their Appurtenances in the Name and Bloud of the said A. B. for so long time as it shall please Almighty God and to the several uses intents and purposes and in such manner and form as hereafter in and by these presents is expressed mentioned and declared and according to and in pursuance of a certain Agreement between the said A. B. and G. H. I. K. c. before the said intermarriage had and made and also for divers good Causes and Considerations him hereunto especially moving Hath granted aliened released enfeoffed and confirmed and by The Feoffment these presents doth grant alien enfeoff release and confirm unto the said C. D. E. F. and G. H. All those his Mannors of A. and B. c. and the Reversion and Reversions Remander and Remainders thereof and of every part and parcel thereof To have and to hold the said Mannors c. and all and singular other the Premisses hereby conveyed and assured or mentioned or intended to be conveyed and assured with their and every of their Rights Members and Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof unto the said C. D. E. F. and G. H. their Heirs and Assigns for ever 15. To the several uses intents and purposes and upon the Trust and confidence and The uses of the Mannor of A. under the several Provisions Conditions and Limitations hereafter in and by these presents expressed limited and declared and to none other use intent or purpose whatsoever that is to say As to for and concerning the said Mannor of A. c. To the use and behoof of the said A. B. for and during the term of his natural life without To A. B. for life after to his Wife for life for a Joynture To 1. 2. 3 c. Sons in Tail impeachment of or for any manner of Waste And from and after his decease to the use and behoof of the said E. his Wife and her Assigns for
and doth by these presents covenant grant conclude and agree to and with the said C. D. his Heirs and Assigns that the said A. B. or her Assigns shall not at any time hereafter sue for challenge or demand by Writ of Dower or otherwise any Dower or Title of Dower out of the said Messuage and Lands or any part thereof But that the said C. D. shall and may lawfully and quietly enjoy the said Messuage and Premisses without the let or interruption of the said A. B. or any Person or Persons whatsoever lawfully claiming by from or under the said A. B. And the said A. B. for the consideration aforesaid Hath remised released and for ever quite claimed and by these presents doth remise release and for ever quite claim unto the said C. D. his Heirs or Assigns all and all manner of Dower and Right and Title of Dower whatsoever which she the said A. B. now hath may might should or of right ought to have of in and to the said Messuage and Lands and of in or to any part or parcel thereof So that neither she the said A. B. nor any other for her or in her name any manner of Dower or Writ or Action of Dower or any manner of Right or Title of Dower of or in the said Messuage or Lands or any part or parcel thereof at any time hereafter shall or may have or claim or prosecute against the said C. D. his Heirs or Assigns or any of them but of and from the same shall be utterly barred and for ever excluded by these presents In Witness c. 29. And the said A. B. and C. D. severally The form of covenanting joyntly and everally and not joyntly nor one of them for the other and for their several and respective Heirs Executors and Administrators and for every of them respectively do covenant c. Or thus And the said A. B. and C. D. for themselves severally and respectively that is to say each of them for himself and for his several Heirs Executors and Administrators and for so much as concerneth or may concern his own Act or Acts only and not one of them for the other nor for the Act or Acts of the other or of the Heirs Executors or Administrators of the other doth severally and not joyntly covenant c. Or thus And the said A. B. and C. D. severally and respectively each one for himself only and for his respective Heirs Executors Administrators and Assigns and not joyntly nor one of them for the other nor for the Act or Acts Deed or Deeds Matter or Thing of the other doth covenant c. Or thus And the said A. B. C. D. and E. F. for themselves severally and not joyntly nor one of them for the other and for their and every of their several and respective Heirs Executors and Administrators doth covenant c. 30. Anâ— the said A. B for himself his Heirs Executors and Administrators and for the said Another per Baron feme E. B. his Wife doth covenant c. Or let him covenant singly that he and his wife or that his wife only shall do such an Act. And if two men and their wives covenant severally then it may be thus And the said A. B. himself and for the said E. B. his wife and the said C. D. for himself and for the said E. D. his wife do respectively and severally and for their several and respective Heirs Executors and Administrators and not one of them for the other nor for the wife of the other nor for the Heirs Executors or Administrators of the other do covenant grant c. Or thus And the said A. B. and C. D. for themselves and for their said wives respectively their Heirs Executors and Administrators do severally and respectively covenant c. to and with the said E. B. and G. his wife and every of them their and every of their Heirs Executors and Administrators by these presents c. CHAP. IV. Containing the Forms of Provisoes to avoid Estates in Fee 1. PRovâ—ded nevertheless and upon condition That Proviso to make void an â—state upon non payment part of purchase Money it the said C. D. the Purchaser his Heirs Executors or Administrators shall not and do not well and truly satisfie and pay or cause to be well and truly satisfied and payed unto the said A. B. his Executors Administrators or Assigns or some or one of them the said Sum of 387 l. of good and lawful Money of England being the remainder and residue of the said Sum of 2187 l. before specified at or in the Church Porch of the said Parish of c. upon the several Dayes of payment hereafter mentioned and in manner and form following viz. The Sum of 200 l. of good and lawful Money of England in or upon the Tenth Day of December next ensuing the Day of the Date of these presents and the Sum of 100 l. of like Moneys in or upon the Tenth Day of June which shall be in the Year of our Lord God c. and the further Sum of 87 l. in or upon the c. next ensuing being the residue of the said Sum of 387 l. That then and from thenceforth this present Deed of Bargain and Sale and every Matter and Thing therein contained shall be void and of nâ—ne effect And that then and from thenceforth it shall and may be lawful to and for the said A. B. his Heirs or Assigns into the said Premises with the Appurtenances wholly to reenter and the same to have repossesse and enjoy as in his or their former Estate any thing in these presents contained to the contrary thereof in any wise notwithstanding 2. Provided always and upon condition That Proviso to make void an estate upon discharge of a Suerty if the said A. B. his Executors or Administrators shall and do well and truly content satisfie and pay or cause to be contented satisfied and payed all and every such Sum and Sums of Money which the said C. D. as suerty and together with and for the said A. B. is and standeth bounden to pay unto any Person or Persons whatsoever either by Obligation Bills Specialty Promise or otherwise howsoever according to the purpose and true meaning of such Specialties or Engagements And shall and do at all times hereafter well and sufficiently discharge and save and keep harmless and indempnified the said C. D. his Executors and Administrators and his and their Bodies Goods Chattels Lands and Tenements and every of them of and from the said Suertiship that then and from thenceforth this present Deed and every matter and thing therein contained shall be void and of none effect And that then and from thenceforth it shall and may be lawful to and for the said A. B. his Heirs oâ— Assigns into the said Premises with the Appurtenances wholly to reenter and the same to have again repossâ—sse aâ—d enjoy as in his or
County of D. now or late in the tenure or occupation of c. and of in and to all and singular the Houses Edifices Buildings Lands Meadows Pastures Feedings and Hereditaments whatsoever with the Appurtenances to the said Capital Messuage or Tenement belonging or appertaining or therewithall now or heretofore usually occupied or enjoyed or accepted reputed or taken as part parcel or member thereof or appurtenant thereunto and the Revertion and Revertions Remainder and Remainders thereof to the Uses of the said C. B. Son and Heir apparent of the said A. B. and of D. B. Wife of the said C. B. for and during the Term of their natural Lives and of the Life of the longer Liver of them without impeachment of wast during the natural Life of the said C. B. 2. To the use of the said A. B. for and during To the Husband for Life and after to the Wife for a Joynture the Term of his natural Life without impeachment of or for any manner of wast and with full power to do or commit wast Or thus Without impeachment of wast only in and for Woods under Woods and Timber Trees standing growing or being or which at any Time hereafter shall stand grow or be in or upon the Premisses before mentioned or any part or parcel thereof And from and after the decease of the said A B. then to the use and behoof of the said E. his wife for and during the Term of her natural Life in the name of her Joynture and in full recompence and satisfaction of her Dower which she the said E. shall or may have out of or to the Lands Tenements or Hereditaments of the said A. B. in case she shall happen to survive the said A. B. Or thus In full Recompenre of her Dower and Title of Dower to or out of all the Mannor Lands Tenements and Hereditaments whereof the said A. B. had now hath or hereafter shall have during the coverâ—ure between him and the said A. B. any Estate of Inheritance 3. Provided alwaies and it is intended and Proviso to make void a Jointure upon claim of other Lands for Dower agreed by and between all the said Parties to these presents that if the said E. B. shall or do at any time or time hereafter from and after the decease of the said A. B. her Husband if she shall survive and over Live the said A. B. commence and prosecute or cause to be commenced and prosecuted any action or suit whatsoever for any Dower of out of or in any the Mannors Lands Tenements or Hereditaments whereof or wherein the said A. B. her Husband had any Estate of Inheritance during the coverture between him and the said E. and shall not hold her self satiâ—fied with the said Capital Messuage Lands Tenements and Hereditaments in or by these presents limited meant or intended to and for her Jointure and Dower that then and from thenceforth the use before limited to the said E. B. of in and unto the said Capital Messuage Lands and Tenements shall cease and be void And the said Recoveâ—ors and Cognizees and their Heirâ— or the Survivor or Survivors of them his and their Heirs shall stand and be seized of Proviso to make void a use limited to the Wife in case she go about to depart with her Estate and to limit over the said uses the said Capital Messuage Lands Tenements and Hereditaments with the Appurtenanees whereof such use was as aforesaid limited unto the said E. and of every part and parcel thereof to the use and behoof of the right Heirs of the said A. B. for ever 4. Provided alwaies nevertheless and it is agreed by and between the said Parties to these presents that if it shall fortune that the said E. B. shall at any time hereafter during the Life of the said A. B. be fully resolved and determined jointly with the said A. B. or otherwise by any ways or means directly or indirectly to levy any Fine or suffer any Recovery or do or assent to do any act or thing by matter of Record or otherwise whereby the Estate before limited of and in the Premisses to her the said E. B. for Term of her Life or any lesser Estate derived out of her said Estate of and in the said Capital Messuage Lands and Premisses or any part or parcel thereof shall or may pass or be altered taken away charged incumbred or devested out of or from the said E. B. and shall attempt or go about to put inure any such full and perfect resolution and determination that then and immediately after such attempt or going about the said use and Estate for Life of and in the Premisses before limited and appointed to the said E. B. as touching all the same Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made shall cease and be void as touching and concerning the said E. B. and that then and from thencefotth the said Fine and Recovery conveiance and conveiances to be had and made to the said C. D. and E. F. and to their Heirs or the Heirs of one of them after the said Estate for Life before limited and appointed to the said A. B. ended and determined shall be and the said C. D. and E. F. and their Heirs and the Heirs of either of them shall stand and be seized of and in all the said Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made to the use and behoof of C. B. Son and Heir apparent of the said A. B. and of D. B. second Son of the said A. B. and their Heirs for and during the Life of the said E. B. to the end intent and purpose that they the said C. B. and D. B. and the Survivor of them or the Heirs of the Survivor of them after the decease of the said A. B. in case the said E. shall happen to overlive the said A. B shall or may grant over their Estate to the said E. B. in the Premisses within 6 Weeks after the decease of the said A. B. And that after the decease of the said A. B. and the said E. B. then the said Fine and Recovery and other Assurances shall be and remain as to the said Capital Messuage Lands and Tenements to the uses and behoofs before in and by these presents lymitted and appointed to begin and take place after the decease of the said A. B. and E. his Wife 5. To the use of the said A. B. for the Term For Years determinable upon a Life of his natural Life and from and after his decease to the use and behoof of the said C. B. one of the younger Sons of the said A. B. for the Term of 60. Years to commence immediately from and after the decease of the said A. B. if he the said C. B. shall and do so long live and from and after
themselves from the said Copartnership and joynt trade and dealing together and he the said A. B. is contented and pleased for the consideration herein after mentioned to assign and set over unto the said C. D. all the Debts which are yet un-answered and un-payed due and owing unto them and likewise the said C. D. hath undertaken to discharge and pay all the Debts sum and sums of Mony which they the said Parties or either of them do owe at this present upon and in respect of their said joynt trade to their said Creditors 3. Now witnesseth these presents That the Assignment by one to the other of Debts said A. B. doth for the consideration hereafter in these presents expressed by these presents as much as in him lieth grant assign and set over unto the said C. D. his Executors Administrators and Assigns all and singular such Debts and sums of Mony as are owing to them joyntly or either of them severally for or concerning their trade or Copartnership aforesaid and also all his right title interest property and benefit of in and to the same Debts and every of them and also all and singular Bills Bonds Specialties Leases and Books for and concerning the said Debts and the late Copartnership between them All which Debts are mentioned and expressed in a certain Schedule interchangably subscribed with the hands of the said A. B. and C. D. as by the said Schedule more at large appeareth To have hold and enjoy all and every the said Debts Books and Specialties unto the said C. D. his Executors Administrators and Assigns to his and their own proper use and benefit without any manner of account or reckoning to be thereof yielded made or given unto the said A. B. his Executors Administrators or Assigns or any of them 4. And the said A. B. doth by these presents Power given to get in the Debts assigned give and grant to the said C. D. his Executors Administrators and Assigns full power and authority in the name of the said A. B. to ask levy recover and receive by all such lawful ways and means as shall be thought requisite by the said C. D. his Executors Administrators or Assigns all and singular the said Debâ—s and sums of Mony expressed in the said Schedule for and to the onely use and behoof of the said C. D. his Executors Administrators and Assigns without any account to be made yielded had or given for the same And that he the said A. B. his Executors Administrators and Assigns shall and will at all times hereafter quietly permit and suffer the said C. D. his Executors Administrators and Assigns in his their or any of their Name of Names to sue for recover take and enjoy to his and their own use without any Account to be rendred all the aforesaid Debts and sums of Mony and every of them and every part thereof in the said Schedule mentioned by all such lawful ways and means as to him or them shall be thought meet without any let trouble interruption acquittance release or discharge of or by the said A. B. his Executors Administrators or Assigns or by his or their means assent default or procurement 5. And further that if the said A. B or his To make satisfaction for Debts discover'd to be released c. Assigns or any person or persons by force or virtue of any power or authority derived from him or them have at any time formerly or since the day of c. received released or discharged any of the said Debts or sums of Mony expressed in the said Schedule or otherwise alienated them other than such Releases and Discharges as have been by the consent of the said C. D. that then upon notice given by the said C. D. his Executors Administrators or Assigns to the said A. B. his Executors or Administrators he the said A. B. his Executors or Administrators shall within thirty days next after such notice and lawful warning given to the said A. B. his Executors or Administrators satisfie and recompence the said C. D. his Executors Administrators or Assigns of and for the same without fraud or covin 6. And that he the said A. B. his Executors Not to hinder recovery of the Debts assigned or Administrators shall not at any time or times hereafter willingly do or suffer any act or thing whereby to let or hinder the said C. D. his Executors Administrators or Assigns of or in the recovery getting in or obtaining the said Debts or any of them without the consent of the said C. D. his Executors Administrators or Assigns first had and obtained in writing 7. And moreover That the said A. B. his To make further Letters of Attorny Executors and Administrators shall and will upon reasonable request to him or them made by the said C. D. his Executors Administrators or Assigns make seal and deliver to him or them such other sufficient Letter and Letters of Attorny for the Recovery and getting in of the said Debt and Debts and sum and sums of Mony as by the said C. D. his Executors Administrators or Assigns or his or their Counsel Learned in the Law shall be reasonably advised devised or required which said Letter and Letters of Attorny and advise touching the same is to be at the proper charges of the said C. D. his Executors Administrators or Assigns 8. In consideration whereof the said C. D. To procure releases from the Creditors for him his Executors and Administrators doth Covenant promise and grant to and with the said A. B. his Executors and Administrators in manner and form following that is to say That he the said C. D. his Executors and Administrators shall and will at or before the day of c. procure and obtain unto and for the said A. B. his Executors and Administrators sufficient general Releases and other discharges in the Law all those their Creditors whose Names are written in the said Schedule here-unto annexed 9. And also that he the said C. D. his Executors To save harmless against Debts c. and Administrators shall and will at all times for ever hereafter save and keep harmless and indempnified the said A. B. his Executors and Administrators against all and every person and persons whatsoever which they the said Parties to these presents or either of them are indebted unto touching or concerning their said Copartnership and of and from all such Actions Suits Costs Dammages Charges Troubles Iudgments Executions and Demands whatsoever as shall from time to time hereafter arise or be had or procured against the said A. B. his Heirs Executors or Administrators or any of his or their Lands Tenements Hereditaments Goods or Chattels or any of them or any part thereof by any manner of person or persons whatsoever touching their said Copartnership for or concerning any Debt or Debts by them or any of them owing or for or upon any Bill Bond Specialty Promise Contract or