parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant grant and agree to and with the said C. D. and E. F and either of them their or either of their Heirs Executors and Administrators by these presents that he the said A. B. shall and will at the next Assizes or general great Sessions for Pleas to be holden at Lancaster before the Justice or Justices of our Soveraign Lord the King there for the time being levie and acknowledg one Fine Sur cognizance de droit come ceo c. with Proclamations thereupon to be had in due form of Law unto the said C. D. and E. F. and their Heirs of and in all and singular those Several Mossuages or Tenements c. by the name of three Messuages two Gardens two Acres of Land twenty Acres of Meadow and fourty Acres of Pasture with the Appurtenances in B. in the County of Lancaster aforesaid c. 5. This Indenture made c. Between A. B. on To levie Fines in the Counties of Chester and Lancaster 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 hath covenanted granted and agreed and by these presents doth for him his Heirs Executors and Administrators covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presents That he the said A. B. shall and will before the Feast of c. next ensuing the Date of these presents in due form of Law acknowledg and levie two or more Fines sur cognizance de droit come ceo c. with proclamations within the Counties Palatine of Chester and Lancaster before the Kings Majesties Justices of Assize or before some other Person or Persons in that behalf lawfully and sufficiently authorized unto him the said C. D. and his Heirs of all that c. The one part being in the County of Chester the other in the County of Lancaster by such Name or Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel Learned in the Law shall be reasonably advised or required c. 6. This Indenture c. Between A. B. of the To levle a Fine in a Court of Ancient Demesne one part and C. D. of the other part Whereas the said A. B. is the Day of the Date of these presents lawfully seized of an Estate of Inheritance to him and the Heirs Males of his body of and in divers Messuages Lands Tenements and Hereditaments within the Liberty of H. at B. in the County of E. hereafter in these presents particularly mentioned Now witnesseth these presents that the said A. B. for divers good Causes and Considerations him hereunto especially moving and for the settling c. doth for himself and his Heirs covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presentâ— That he the said A. B. at his own proper Cost and Charges shall and will in due form of Law before the Feast of c. next ensuing the Date of these presents acknowledg and levie one Fine in the Court of Ancient Demesne within the said Liberty of H. at B. according to the course and common usage for levying of Fines for Lands and Hereditaments within the said Liberty unto the said C. D. of all those Messuages Lands c. by the Name of three Messuages three Gardens fourty Acres of Land c. in H. at B. aforesaid or by such other Name or Names as shall be thought meet c. 7. This Indenture c. Between A. B. and E. To levie a Fine with a Render of an Estate for Years his wife on the one part and C. D. on the other part Witnesseth That for divers gâ—od causes and considerations it is covenanted granted concluded and agreed by and between the said Parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next ensuing at the Cost and Charges of the said C. D. his Executors and Administrators one Fine with Proclamations in due from of Law shall be levied and acknowledged between the said Parties to these presents in manner and form following of one Messuage with the Appurtenances in the Parish of c. and two other Messuages c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances for which Remise Release and Quitclame the said A. B. and E. his wife shall by the said Fine Render the said The Render Messuages and Premises with the Appurtenances unto the said C. D. his Executors Administrators and Assigns to have and to hold the same unto the said C. D. his Executors Administrators and Assignes from the Feast of the Nativity of St. John the Baptist next ensuing the Date hereof for during and until the full end and term of One and Twenty years from thence next ensuing and fully to be compleate and ended Yielding and paying therefore yearly and every year unto the said A. B. and E. his wife their Heirs Executors and Assigns respectively during the said term the yearly Rent or Sum of Five pounds of lawful Moneys of England at Four the most usual Feasts in the year that is to say c. or within thirty Days after either of the said Feasts with Several Covenants to be added as is usual in I eases 8. This Indenture c. Between A. B. and E. Another with a Render of a Rent his wife on the one part and C. D. on the other part Witnesseth That for divers good Gauses and Considerations it is covenanted granted concluded and agreed by and between the said parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next coming at the Cost and Charges of the said C. D. hiâ— Executors and Administrators One Fine with Proclamations in due form of Law shall be levied of certain Messuages c. levied and acknowledged by and between the said parties to these presents by the Names of c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances For which Remise Release and Quitclaim the said The Render A. B. and E. his wife shall by the said Fine grant and render unto the said C. D. his Executors Administrators and Assigns one Annuity or yearly Rent
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 scituâ—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 â—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
of F. Another for a Mannor lying and being in the Parish of F. with the rights members and appurtenances thereof or thereunto belonging in F. aforesaid in the County of M. And all and singular Rents Reversions Services Courts and perquisites of Courts views of Franck-pledge Priviledges Franchises Iurisdictions Royalties Liberties Profits and Commodities and Hereditaments whatsoever to the said Mannor and other the Premisses belonging or in any wise appertaining scituate and being growing arising and renewing within the Parish of F. aforesaid in the County of M. And all that An Advowson Advowson Donation Nomination Presentation free disposition and right of Patronage of the Parish Church of F. aforesaid 3. All that Messuage or Tenement with A Messuage Lands Th' appurtenances commonly called or known by the Name of B. and all Out-houses Barns Stables Buildings Yards Backsides Orchards Gardens Curtilages and Appurtenances whatsoever thereunto belonging scituate and being in the Parish of C. in the County of M. And also all and singular those several Closes or parcels of Land Meadow Pasture and Arable hereafter particularly mentioned that is to say One Close or parcel of Pasture Ground called or known by the Name of D. Close containing by estimation twenty Acres or thereabouts be the same more or less c. and s 〈…〉 e other Closes with their Names and conâ—ents of Actes and also put down the abutments of them in case they be dispersed or intermingled with other Lands All which said Closes or parcels of Land do lie together neer unto the said Messuage or Tenement and are belonging to or have been usually letten or occupyed together with the same and are scituate lying and being in the Parish of C. aforesaid and now are or late were in the tenure or occupation of G. H. his Assigns or under-Tenants And all and singular Waies Easements Water-courses Fishings Ponds Commons Common of Pasture Heath Turbary Woods Vnderwoods Profits and Commodities whatsoever with their and every of their Appurtenances to the said Messuage or Tenement and Premisses belonging or appertaining or reputed to belong thereunto or used or letten together with the same 4. All that Messuage or Tenement with A Messuage in London Th' appurtenances scituate and being in or near Fleetstreet in the Parish of St. Dunstans in the West London commonly called or known by the sign of the Mirmaid now in the tenure or occupation of G. H. his Assigns or under-Tenants Together with all and singular Shops Cellars Sollers Chambers Rooms Entries Waies Passages Yards Backsides Edifices Buildings Gutters Water-courses Easements Profits Commodities and Appuâ—teaances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining or therewith used occupyed or enjoyed or accepted reputed or taken as part parcel or member thereof 5. All that great Messuage or Inne commonly An Innâ— called or known by the Name or Sign of the George scituate and being in a Street called B. Street in the Parish of C. London together with all Cellars Sollers Rooms Chambers Stables Haylofts Waies Passages Courts Yards Lights Windows Water-courses Racks Planks Mangers and all other Apurtenances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining or therewith used occupyed or enjoyed or reputed or taken as part parcel or member thereof which said Messuage or Inne is now in the tenure or occupation of A. B. Inne-holder his Assigns or Vnder-Tenants 6. All that his Messuage or Tenement A Brew-house and Brewhouse scituate and being in a Street called B. Street in the Parish of c. London with all the Stables Edifices Buildings Waies Passages Lights Water-courses Profits Commodities and Appurtenances whatsoever thereunto belonging or therewithall now used occupyed or enjoyed And also All and singular those Vessels Furnaces Coppers and other Vtensâ—â—s whatsoever to the said Brewhouse belonging and now used together with the same being in a Schedule hereunto annexed particularly mentioned 7. All that his Water-grist Miln and A Water-grist Miln Milns being two grist Milns under one Roof commonly called or known by the name of B. Miln or Milns with the Appurtenances scituate and being in the Parish of c. sometimes in the tenure or occupation of one A. B. and now or late in the tenure or occupation of C. D. or his Assigns or Vnder Tenants and all that parcel of ground on part whereof the said Milns now stand containing by estimation one Acre or thereabouts be the same more or less And also all that the The Suit to the Milns Suit of and to the said Milns as well customary as conventionary of all the Tenants of the Mannor of S. in the said County and all the Toll and Custom for grinding of all the Corn and Grain of the said Tenants and also all and singular Head-Wares and Miln-Ponds and the soyl thereof to the said Miln or Milns belonging or appertaining And all and singular Miln-Pools Miln-Dams Stanks Banks Ponds Streams waters Water-courses Rivers Fishings Fishing places wayes Paths Passages Easements Profits Commodities Advantages Emoluments and Appurtenances to the said Miln or Milns and other the Premisses or any of them or any part or parcel thereof belonging or appertaining or with the same now or at any time heretofore used occupied or enjoyed 8. All that his Water-grist Miln commonly Another called or known by the name of B. Miln scituate and being in the Parish of C. in the County of D. And all that parcel of ground on part whereof the said Miln now standeth And also all and singular Miln-Ponds Miln-Dams Banks Streams Water-courses Wayes Easements Profits Advantages Commodities and Appurtenances whatsoever to the said Miln and Premisses belonging or appertaining now in the tenure or occupation of A. B. his Assigns or Vnder Tenants 9. All that the Prebend of B. in the A. Prebend County of C. with all and singular the Rights Members and Appurtenances thereof And also the Advowson Gift Presentation Collation and right of Patronage of the said Prebend which said Prebend one A. B. formerly had to him and his Heirs for ever of the Gift and Grant of the late King James and by mean Conveyances is since come unto the said C. B. And all and singular Messuages Houses Buildings Lands Tenements Rents Reversions Services Woods Vnderwoods Parsonages Chappels Advowsons Gleab-Lands Tithes Oblations Obventions Pensions Portions Fruits Profits Commodities Emoluments and Hereditaments whatsoever with their Appurtenances as well spiritual as temporal of what nature or kind soever the same be or by whatsoever name or names they be called or known set lying and being coming growing or renewing in the Towns Fields Parishes or Hamblets of J. and S. in the said County of C. 10. All that the Rectory or Parsonage of C. A Rectory aforesaid and all and singular Houses Edifices Buildings Barns Stables Lands Tenements Wayes Passages Wastes Commons Tithes of Corn Grain Hay Wool Flax Hemp and all other Tithes whatsoever as well
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 Vicâ—simo sexâ—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. xijâ— 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 suâ— 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
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 Landâ— 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
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
kindred of the said A. B. c. Or thus A well for the advancement and preferment of the Heirs Males of the Body of the said A. B. lawfully to be begotten and for the better advancement and preferment of C. B. D. B. c. the natural Brothers of the said A. B. and to the end that the Mannors c. hereafter mentioned may continue in the name blood and kindred of the said A. B. so long as it shall please God as for divers other good causes and considerations c. 4. Whereas the said A. Lord B. is and standeth Another form more large seizâ—d in possession reversion and remainder of some Estate of inheritance of and in divers and sundry Honors Castles Mannors Lordships Messuages Parks Chases Lands Tenements Advowsons Liberties Franchises and Hereditaments all which or the most part thereof have for a long time remained and continued in the Name and Blood of the said Lord B. and in regard the said Lord B. is desirous and intendeth to establish and settle all the said Honours Mannors c. to such intents and purposes as that the same may remain in the Name Blood and Kindred of the said Lord B. according to the uses hereafter thereof expressed and declared for the better advancement of the House Honour and Blood of the said Lord B. so long as it shall please God to permit the same and our of the Fatherly love and affection which he beareth unto Sr. T. B. Knight his Son and Heir apparent and for the preferment advancement and maintenance of the Lady E. B. now the Wife of Joynture the said Lord B. and for her joynture in case she shall happen to overlive the said Lord B. and for Settlement on collateral Heirs divers other good causes and considerations c. 5. Witnesseth that for divers good causes and considerations him the said A. B. hereunto moveing and especially for that the said A. B. and C. B. his Wife have been married these many years and have had no issue of their Bodies and to the end that in case the said A. B. should die without issue of his Body lawfully begotten the Capital Messuage Lands and Tenements hereafter mentioned shall and may so loâ—g as it shall please God remain and continue in the Blood and Kindred of the said A. B. and for the natural love which he beareth unto c. naming his Brothers oâ— Sisters and for divers other good causes and considerations c. 6. Whereas theâ—e is a marrirge by the grace of A marriage to be had and settlement of a joynture God to be shortly had and solemnized between the said C. B. Son and Hâ—ir apparent of the said A. B. and A. D. the Daughter of the said C. D. witnesseth that the said A. B. in consideration of the said Marriage and of the Summ of 800 l. of good and lawful money of England to him in hand paid as the Mâ—rriage Portion of the said A. D. by the said C. D. her Father and for the Natural love and affection which the said A. B. beareth unto the said C. B. and to the end intent and purpose that a competent joynture may be had and made unto the said A. D. for the better maintenance livelyhood and advancement of the said A. D. in case she shall happen to survive and overlive the said C. B. and in full recompence and satisfaction of all the Dower and Title of Dower which she the said A. D. by or after the death of the said C. B. shall or may have to any the Mannors Lands Tenements or Hereditaments whereof the said C. B. shall during the coverture between him and the said A. D. be seized of any Estate of Inheritance and for the advancement of the Name and Blood of the said C. B. and for and towards a provision of Maintenance to be had and made unto and for the said C. B. and A. D. during the natural lives of the said A. B. and A marriage already had and for a joynture c. E. his wife c. 7. Witnesseth that for and in consideration of the natural love and affection which the said A. B. beareth unto the said C. B. his eldest Son and Heir apparent and other his Sons hereafter named and for the advancement of the Name and Blood of the said A B. and also in consideration of a Marriage heretofore had and solemnized between the said C. B. and D. B. now Wife of the said C. B. and of the Sum of 1000 l. to the said A. B. by W. D. Father of the said D. B. well and truly contented and paid as the marriage portion of the said D. B. and to the end and intent that a competent and convenient joynture and estate may be had made and provided for the said D. B. for term of her life in case she shall happen to survive the said C. B. in recompence and satisfaction of all the Dower and Title of Dower which the said D. B. by or after the death of the said C. B. hath or shall or may have in or to any of the Mannors Messuages Lands Tenements or Hereditaments whereof the said C. B. is or during the Coverture between him and the said D. B. shall be seized of any Estate of Inheritance and for other good causes and considerations c. 8. Witnesseth that in consideration of a Marriage An other in relation to former agreements heretofore had between the said A. B. and F. B. his now Wife and of the good will and affection which the said A. B. beareth unto the said F. B. and for the true performance of such promises and agreements had and made by the said A. B. upon the marriage between the said A. B. and the said F. B. had as aforesaid and for a joynture c. and to the end and intent and purpose that the Lands Tenements and Hereditaments of the said A. B. hereafter mentioned may come and continue to and in the issue of the said A. B. and F. in such sort Manner and Forme as hereafter is in these presents expressed mentioned and declared and for other good causes c. 9. Whereas the said A. B. is now lawfully seized Payment of debts in his demesne as of Fee of and in a Messuage Tenement and Lands with the Appurtenances scituate lying and being c. of the yearly value of 250 l. per annum of lawful moneys of England And whereas the said A. B. is indebted and doth owe unto divers Persons several Summes of Money amounting in the whole to 1000 l. of like moneys being particularly mentioned in a Schedule hereunto annexed which summes the said A. B. is not at present able to pay and yet minding and intending to make payment thereof with such speed as it may be in consideration whereof and for asmuch as the said C. D. hath undertaken out of the Rents issues and prossits arising out and from the said
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 â— 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 oâ—e Fine sur cognizance de droit come â—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 Statuâ—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 Hereditameâ—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 aâ—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
And the said A. â— and E. his wife shal thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear gratis and after imparlance had shall make default and depart in contempt of the Court whereby one common Recovery shall or may be had or suffered against them the said A. B. and E. his wife of and for the said Mannor according to the usual course of common Recoveries for assurance of Lands and Tenements in such Cases used aâ—d accustomed c. 19. This Indenture c. Between A. B. and An other by Tenents for life he in revertion in London E. his wife and C. D. on the one part and E. F. on the other part Whereas the said A. B. and E. his wife in right of the said E. do now hold and are lawfully 〈◊〉 to hold and enjoy for aâ—d during the natural life of the said E one Messuage c. The Revertion of which said Messuage with the Appurtenances from and after the decease of the said E. doth lawfully belong unto the said C. D. and the Heiâ—s of his Body Now Witnesseth these presents That it is covenanted granted concluded and agreed by and between the said Parties for themselves and their Heirs that the said A. B. and E. his wife and the said C. D. shall before the Feast of c. now next coming permit and suffer the said E. F. in and by a Writ of Right Patent according to the Custom of the said City of London in due form of Law with single or double Voucher or Vouchers to Recover against them the said A. B. and E. his wife and the said C. D. the said Messuage or Tenement aâ—d all other the Premisses with the Appurtenances in such manner and form as by the Council learned in the Law of the said E. F. shall be reasonably devised or advised c. 20. This Indenture made c. Between A. Another in London with double Voucher B. of London Gentleman on the first part and C. D. and E. F. Citizens and Grocers of London on the second part and G. H. and I. K. of c. on the third part Witnesseth That it is covenanted granted concluded and agreed by and between 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 G. H. and I. K. and either of them their and either of their Heirs Executors and Administrators by these presents That he the said A. B. shall and will within one month next ensuing the Date of these presents make and execute or cause to be made and executed unto the said C. D. and E. F. a good perfect and absolute Estate in the Law in Feesimple of and in all those Messuages c. lying and being in the Parish of c. London and also of and in the Revertion and Revertions of all and singular the Premises to the end intent and purpose that the said C. D. and E. F. and their Heirs may stand and be seised of the said Premisses and become perfect Tenents of the Freehold thereof so that within two months next after the making and execution of the said Estate to them the said C. D. and E. F. as aforesaid the said G. H. and I. K. or the Survivor of them shall and may bring and pursue the Kings Majesties Writ of Right Patent out of his Highness Court of Chancery against the said C. D. and E. F. or the Survivor of them to be directed to the Major and Sheriffs of the City of London By which Writ of Right Patent the said G. H. and I. K. or the Survivor of them in the Guild Hall of the said City before the said Major and Sheriffs in the Court of Hustings according to the custom of the said City shall demand against the said C. D. and E. F. or the Survivor of them The said Messuages or Tenements and all and singular other the Premises with the Appurtenances by such names or quantities as shall be reasonably devised or advised by the Council of the said G. H. and I. K. or the Survivor of them Unto which said Writ the said C. D. and E. F. ot the Survivor of them shall appear gratis and after declaration and defence made thereupon shall vouch to warranty the said A. B who shall appear gratis and enter into the warranties and vouch over to warranty the common Vouchee who shall appear gratis and imparle and after make default in contempt of the Court whereby Judgment shall be given in the said Writ for the said G. H. and I. K against the said C. D. and E. F. and for the said C D. and E. F. to recover in value against the said A. B. and for the said A. B. to recover over in value against the said common Vouchee and Execution thereof shall be had and sued in such sort that a perfect Recovery with double Vouchers shall be had and duly executed of all and singular the Prâ—mises c. 21. This Indenture c. Between A. B. of To suffer a Recovery of Lands in Antient demeasne with double Vouchers the Tenent to the precipe being made by Fine the first part C. D. of the second part vide sect 6. of this Chapter and make such recital as is there and add the Covenant there to levy a Fine from A. B. to C. D. and then add as followeth Which said Fine so or in any other manner to be levied and acknowledged of the Premises between the said Parties shall be and shall be construed and taken to be to and for the use of the said C. D. and his Heirs to the only intent and purpose that the said C. D. may stand and be full and perfect Tenent of the said Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be levied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the Messuages Lands and Premises against the said C. D. and his Heirs according to â—he true intent and meaning of these presents and of the Parties thereunto And it is covenanted granted concluded and agreed by and between all the Parties to these presents That he the said E. F. at his own proper cost and charge shall and will before the Feast of c. now next ensuing the Date hereof purchase or cause to be purchased one or more Writ or Writs of Right Close directed to the Judges Bailiffs or others that have Power to hold Plea in suits Real arising within the said Liberty and shall prosecute the said Writ or Writs in the nature of his Majesties Writ or Writs of entry sur disseisin en le post at the common Law after the manner and course of common Recoveries there used and accustomed against the said C. D. and shall thereby demand against the said C. D. the said Messuages Lands Hereditaments and
their former Estate Any thing herein before contained to the contrary thereof in any wise notwithstanding 3. This Indenâ—ure c. Between A. B. of the one An other to secure from suertiship part and C. D. of the other part Whereas the said C. D. at the request and for the only and proper Debt of the said A. B. is and standeth bound together with and for the said A. B. in and by several Bonds and other Writings obligatory in a Schedule hereunto annexed particularly mentioned for several Sums of Money to several Persons in the said Schedule likewise mentioned Now witnesseth these presâ—nts That the said A. B. for the better security of and saving harmless and indempnified the said C. D. his Heirs Executors and Administrators and his and their Lands Goods and Chattels of and from the said several Engagements and for their good Causes and Considerationâ— hath c. let there be a Feoffment Bargaine and Sale c. Provided always and upon condition That if the Proviso said A. B. his Heirs Executors or Administrators shall and do well and truly satisfie and pay or cause to be well and ttuly satisfied and payed all and every the said Sum and Sums of Money for the payment whereof he the said C. D. is and standeth bounden with and for the said A. B. as aforesaid in the said Schedule mentioned according to the several effâ—cts and purports of the said Writings obligatory and deliver or cause to be delivered up unto the said C. D. hiâ— Executors or Administrators all and every the seveâ—al Bonds and Writings obligatory to be cancelled or else sufficient Releases and Discharges touching or concerning the same and that within one Month after the several and respective Sums of Money therein mentioned shall severally and respectively become due and payable That then and from thenceforth c. as in the former precedent Sect. 2. 4. Provided always and it is the true intent Proviso to make void a Rent charge granted in Fee upon payment of money and meaning of the said parties to these presents That in case the said A. B. his Heiâ—s or Assigns or any of them shall be minded or determined to purchase out redeem or discharge his said Lands and Tenements of and from the said Rent charge and shall by the space of six Months before any Feast of St. Michael the Archangel give knowledg and notice of such his mind and determination unto the Person or Persons of the said C. D. his Heirs or Assigns or any of them or shall by the said space openly leave to or for the said C. D. his Heirs or Assigns at the now dwelling House of the said C. D. any Writing or Note signifying such his determination and purpose And also shall and do at the Feast of the Annunciation next following after such Notice given or left as aforesaid pay or cause to be paid unto the said C. D. his Heirs or Assigns the full Sum of c. of lawful Moneys of England together with all the Arerages of the said Annuity or Rent-charge if any shall be that shall be behind or unpaid on the said Feast of Annunciation at one entire payment that then and immediately from and after the payment of the said Sum of c. and Arrerages aforesaid if any shall be the said Annuity or Annual Rent-charge of c. by the year and these presents and every Covenant Article and thiâ—g therein contained shall cease determine and be utterly void Any thing in these presents contained to the contrary thereof in any wise notwithstanding 5. Provided always And it is covenanted concluded a part upon money paid Another to abate in and agreed by and between the said Parties to these presents That if the said A. B. his Heirs Executors Administrators or Assigns upon six Months warning thereof in writing under his or their hands before hand to be given by the said A. B. his Heirs Executors Administrators or Assigns unto the said C. D his Heirs Executors Administrators or Assigns shall and will at or upon any first Day of May or Feast of All Satnts at or in the place aforesaid pay or cause to be payed unto the said C. D. his Heirs Executors Administrators or Assigns the Sum of 100 l. of lawful Moneys of England over and besides the said Rent-charge or Annual Sum of c. and the Arrears thereof if any then shall be That then and from thenceforth from and after the said payment or payments so made as aforesaid of every of the said Sum or Sums of 100 l. with Arrears of the said Rent if any shall be to be Endorsed upon both parts of these Iâ—dentures and subscribed by the said C. D. his Heirs Executors or Administrators for every Hundred Pounds that shall be paid as aforesaid over and besides the said Arrears if any shall be the full and entire Sum of 100 l of the said 500 l. yearly Rent â—r Annunity hereby granted as aforesaid shall cease and be determined Any thing herein before contained to the contrary hereof in any wise notwithstanding CHAP. V. vid. chap. 7 the forms of limitations of uses Containing the Several Ways and Forms of Introducing Uses upon Fines Recoveries and other Conveyances 1. THâ—s Indenture c. Between A. B. and Upon a Fine to be levied E. his wife on the one part and C. D. and E. F. on the other part Witnesseth That for the Conveying Assuring and sure making of all and singuler the Messuages Lands Tenements and Hereditaments hereafter in these presents mentioned to the uses inâ—ents and purposes hereafter in and by these presents expressed limitted and declared It is agreed and concluded by and between the said parties to these presents And the said A. B. for himself his Heirs Executâ—rs and Administrators doth covenant grant and â—gree to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his wife shall and will at the proper costs and charges of the said A. B. before the Feast of c. next ensuing the Date hereof in due forme of Law acknowledg and levy before the Justices of his Majesties Court of Common Pleas at Westminster one Fine Sur cognizance de droit come ceo c. with Proclamations unto the said C. D. and E. F. of all the Messuage or Tenement c. and here set down particularly the Messuages and Lands to pass by certain Name or Names and quantities of Acres in the said Fine to be contained And that the said Fine so to be had and levied as aforesaid Several forms to begin the limitation of uses or in what manner or forme soever the same shall be had shall be and inure and the said C. D. and E. F. shall by force thereof stand and be seized of the said Messuage and Lands and all other the Premises with the Appurtenances to the
uses inteâ—ts and purposes and upon the Conditions and Limitations hereafter in these presents limitted expressed and declared and to no other uâ—e intent or purpose whatsoever That is to say c. 2. And it is covenanted concluded and fully agreed Or thus by and between all the said Parties to these presents And they and every of them do hereby exâ—ress signifie and declare That the said Fine so to be levied as aforesaid and all and every other Fiâ—e and Fines hereafter to be had and levied of the Premises or any part thereof between the said Parties or any of them before the said Feast of c. shall be and inure and the said C. D. and E. F. and their and one of their Heits immediately from and after the said Fine as also any other Fine thereof to be levied as aforesaid shall stand and be seized of the Premises to the only uses intents and purposes hereafter mentioned viz. as to the said Messuage or Tenement and Lands with the Appurtenances now in the occupation of c. To the use and behoof of c. And as to the said Messuage or Tenement and Lands now in the occpation of c. To the use and behoof of c. 3. And it is covenanted granted concluded Or thus and agreed by and between all the said Parties to these presents for themselves their Heirs and Assigns That the said Fine to be acknowledged and levied as aforesaid of the Messuages Lands Tenements and Hereditaments aforesaid and the execution thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and of the Heirs of such of them to whom the inheritance of or in the Premises shall be limitted in and by the said intended Fine shall be and shall for ever be adjudged deemed and taken to be And the said C. D. and E. F. and the Heirs of such of them to whom the inheritance of the Premises shall be limitted in or by the said intended Fine and the surviver of them shall stand and be seized of and in all and singular the said Messuages Lands Tenements and Hereditaments and of every part and parcel thereof with the Appurtenances to the uses intents and purposes and under and upon the Provises limittations conditions and agreements hereafter in these presents mentioned and contained That is to say of for and concerning all that Messuage and Lands c. with the Appurtenances in M. aforesaid in the tenure or occupation of c. being parcel of the said Premises whereof the said Fine before by these presents is covenanted to be levied as aforesaid by the said A. B. and of the Revertion and Revertions Remainder and Remainders of the same To the use and behoof of c. And of for and concerning all and every the said other Messuages Lands c. with their and every of their Appurtenances whereof the said Fine is covenanted to be levied as aforesaid and the Revertion and Revertions Remainder and Remainders thereof to the use and behoof of c. 4. This Indenture c. Between A. B. and E. his wife of the one part and C. D. and E. F. Upon a Fine already levied of the other part Whereas the said A. B. and E. his wife have in the Term of St. Hillary last past before thâ— Date of these presents levied one Fine in due form of Law unto the said C. D. and E. F. of all that Mannor c. The which Fine was levied by such names number of Acres and other Particulers as are in the said Fine contained as by the said Fine reference being theteunto had more fully it doth and may appear Now Witnesseth these presents and it is hereby declared by and between all the Parties hereunto That the true intent and meaning of the levying of the said Fine at the time of the levying thereof was and is to be taken to be to the uses intents and purposes hereafter following That is to say to the use of c. 5. This Indenture c. Between A. B. of Upon a Recovery to be had with double Vouchâ—r the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Whereas the said A. B. by one Indenture of bargain and sale Dated the first day of this instant January and inrolled in his Majesties High Court of Chancery the twentieth Day of the same Month made between the said A. B. on the one part and the said C. D. and E. F. on the other part Hath granted bargained and sold to the said C. D. and E. F. and their Heirs all that Mannor c. and the Revertion and Revertions Remainder and Remainders thereof and of every part and parcel thereof To have and to hold the said Mannor c. and all and every the said Premisses with the Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever to the only proper and absolute use and behoof of the said C. D. and E. F. their Heirs and Assigns for ever To the end intent and purpose that the said C. D. and E. F. might thereby and by force of the Statute of transferring uses into possession become Tenents of the Freehold of all and every the Premisses that a good and perfect common Recovery with double Vouchâ—rs may be thereof had and executed Now Witnesseth this present Indenture And it is covenanted concluded and fully agreed by and between all the said Parties to these presents for them 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. and I. K. before the Feast of c. next ensuing the Date of these presents 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 Sovereign Lord of the Court of Common-Pleas at Westminster in the Names of the said G. H. and I. K. demandants against the said C. D. and E. F. Tenents or the survivor of them to Recover to them the said G. H. and I. K. and their Heirs in due form of Law according to the usual form of common Recoveries for assurance of Lands Tenements and Hereditaments against the said C. D. and E. F. the said Mannor and Premises with their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained In and to which said Writ the said C. D. and E. F. shall gratis appear in their proper Persons and after defence made shall vouch to warranty the said A. B. who shall likewise thereupon appear and enter into the warranty and vouch over the common Vouchee who shall likewise appear and enter into the warranty and after make default to the end that a perfect common Recovery may be had and executed
executed by Writ of habere facias scisinam as by the Records of the said Court it doth and may appear 11. Now witnesseth this present Indenture The Uses That the true intent and meaning of the said A. B. and of the said Recoverors and of all the Parties to the said Recovery and to these presents and of every of them before and at the Time or Times of suffering the said Recovery for touching and concerning the said Messuages Lands Tenements and Hereditaments and every of them whereof the said Recovery was suffered and had was and now is That the said Recovery should and shall be and inure and shall be construed adjudged deemed and taken to be and inure And that the said Recoverors and every of them and their Heirs and all and every other Person or Persons and his and their Heirs who then were or now are or hereafter shall be seized of the said Messuage Lands and Premisses or of any part thereof by force of the said Recovery should and shall stand and be seized of the same and every part and parcel thereof to the uses purposes and intents and under the Provisoes conditions and limitations hereafter in these presents expressed limited and declared and to no other use intent or purpose whatsover That is to say c. 12. This Indenture made c. Between A. B. Upon a Recovery with single Voucher to be had of the one part and C. D. and E. F. of the other part Witnesseth That it is covenanted concluded and agreed by and between the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant grant and agree to and with the said C. D. and E. F. and their Heirs by these presents That he the said A. B. shall permit and suffer the said C. D. and E. F. to prosecuâ—e one Writ of entry sur disseisin en le post against the said A. B. of and for all that Mannor c. with their and every of their Appurâ—enances by such name and names quantities and numbers of Acres and in such manner and form as shall be thought fit and expedient Unto and in which Writ the said A. B. shall appear gratis and vouch over to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and make default in contempt of the Court whereby one Recovery shall or may be had or suffered against the said A. B. of the said Mannor c. according to the usual course of common Recoveries for assurance of Lands and Tenements And it is further concluded and agreed by and between the said Parties to these presents That the said Recovery shall be had and suffered as aforesaid before the end of Michaelmas Term next ensuing the Date hereof And that the said Recovery and the Execution thereof and the full force and effect of the same shall be and inure And that the said Recoverors and their Heirs immediately after the same and the Execution thereof had and made shall stand and be seized of the said Mannor Messuages Lands and Premisses to the uses intents and purposes herein after mentioned That is to say to the use of c. 13. This Indenture c. Between A. B. of the Upon Recovery with single Voucher already had one part and C. D. and E. F. of the other part Whereas the said C. D. and E. F. did in Michaclmas Term last past before the Date hereof upon a Writ of entry sur disseisin en le post before his Majesties Justices of the Court of Common Pleas at Westminster Recover by common Recovery against the said A. B. one Mannor c. setting down the Particulars and the Revertion and Revertions Remainder and Remainders of all and singuler the Premisses and of all and every part and parcel thereof by the name of c. prout en le Recovery in which Recovery the said A. B. did vouch to warranty the common Vouchee whereby a good and perfect common Recovery with single Voucher of the said Mannor Messuages Lands and Premisses according to the usual form of Common Recoveries was had and after executed against the said A. B. and his Heirs as by the Record thereof remaining in the said Court of Common Pleas more at large it doth and may appear 14. Now witnesseth this present Indenture And Uses it is hereby declared that the true intent and meaning of all the Parties to the said Recovery and to these presents was before and at the time of the said Recoverie and yet is for touching and concerning the said Mannor Messuages Lands Tenements and Premisses and every part thereof whereof the said Recovery was had and executed as aforesaid that the said Recovery and the execution therof should and shall be and inure and be construed adjudged and taken to be and inure and that the said Recoverors and their Heirs should and shall stand and be seized of the said Mannor Messuages Lands Hereditaments and Premisses and of every part and parcel thereof with the Appurtenances to the uses intents and purposes hereafter in these presents set down expressed and declared and to no other use intent or purpose whatsoever That Upon a Fine and Recovery with double Voucher to be had of several things viz. the Fine of one and the Recovery of an other is to say to the use of c. 15. This Indenture tripartite made c. Between A. B. and E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Witnesseth That the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said G. H. and I. K. their Heirs Executors and Administrators by these presents that he the said A. B. and E. his wife shall and will on this side and before the Feast of c. acknowledg and levy in due form of Law before his Majesties Justices of the Common Pleas at Westminster one Fine sur cognizance de droit come ceo c. with Proclamations unto the said G. H. and I. K. of all that his Mannor of M. c. by such name or names quantities and numbers of Acres as they the said G. H. or I. K. or either of them their or either of their Councel learned in the Law shall reasonably devise advise or require And whereas the said A. B. hath by Indemure of bargain and sale bearing Date the c. last past before the Date hereof and inrolled in his Majesties High Court of Chancery the 20th Day of the same month of c. made between the said A. B. of the one part C. D. and E. F. of the other part for the consideration therein mentioned granted bargained and sold unto the said C. D. and E. F. their Heirs and Assigns all that Messuage or Tenement and Lands in B. c. and the Revertion and Revertions Remainder and
Remainders thereof To have and to hold the said Messuage Lands and Premisses and every part thereof with the Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever which said bargain and sale was had and made to them the said C. D. and E. F. as aforesaid to and for the only end intent and purpose that the said C. D. and E. F. might be the Tenent thereof to a Precipe against whom the Recovery hereafter mentioned in manner and form following might be had Now this Iudenture further witnesseth that it is covenanted concluded and fully agreed by and between all the said Parties to these presents for them and every of them their and every of their Heirs that before the end of Trinity Term now next ensuing there shall be one Recovery in the nature of a common Recovery for Lands Tenements and Hereditaments in such cases used and accustomed and executed in his Majesties said Court of Common Pleas by or in the name of the said G. H. and I K. demandant against the said C. D. and E. F. Tenents of the said Messuage and Lands with the Appurtenances who shall vouch to warranty the said A. B. who being vouched shall appear gratis and enter into the warranty and vouch over the common Vouchee and the said common Vouchee shall thereupon appear also and enter into the warranty and afterwards make default to the end that one perfect common Recovery shall and may be of the said Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries in such cases used 16. And it is covenanted concluded and fully The Uses agreed by and between all the said Parties to these presents respectively for them and every of them their and every of their Heirs that the said Fine and Recovery so to be had levied suffered and executed as aforesaid as touching and concerning all and every the said Mannor or Lordship of M. and the said Messuage or Tenement in B. and the several Lands Tenements and Hereditaments before mentioned whereof the said Fine and Recovery were severally and respectively had levied and suffered as aforesaid And all and every other Fine and Fines Recovery and Recoveries to be had of the said Mannor and other the Premisses thereunto belonging and of the said Messuage and Lands and other the Premisses before mentioned to belong thereunto by and between the said Parties or any of them before the end of the said Term of the Holy Trinity shall be and inure and as well the said Cognizees as the said Recoverors and their several and respective Heirs shall severally and respectively stand and be seized of all and every the Premisses to the uses intents and purposes and under the Provisoes conditions and limitations herein after mentioned and expressed and to no other use Another upon a Fine and Recovery of several things already had intent or purpose whatsoever 17. This Indenture c. Between A. B. and E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Whereas in the Term of c. last past a Fine â—ur cognizancr de droit come cco c. with Proclamations according to the Statute in such case made and provided was levied between the said C. D. and E. F. plaintiffs and the said A. B. and E. his wife deforciants of the Mannor of c. by the name of c. And whereas the said G. H. and I. K. did in the said Term by Writ of entry sur disseisin en le post recover against the said C. D. and E. F. one Messuage in B. c. by the name of c. in which Recovery the said C. D. and E. F. did vouch to warranty the said A. B. who thereupon entred into the warranty and vouched over the common Vouchee proceeding in all things therein according to the form and order of common Recoveries for assurance of Lands Tenements and Hereditaments used and accustomed as in and by the several Records of the said Fine and Recovery remaining in his Majesties Court of Common Pleas reference being thereunto had more fully and at large it doth and may appear Now witnesseth this present Indenture that the true intent and meaning of the said A. B. and E. his wife and of the Cognizees and Parties to the said Fine and also of the said Recoverors and Parties to the said Recovery and of all and every Parties to these presents before and at the several and respective Time and Times of the acknowledging and levying of the said Fine and of the suffering of the said Recovery for and concerning the said Mannor Lordship Messuage Lands Tenements Hereditaments and Premisses whereof the said Fine and Recovery were severally and respectively levyed suffered and had as aforesaid alwaies was and yet is that as well the said Fine as Recovery and all and every Fine and Fines Recovery and Recoveries of the said Mannor of M. c. and Messuage and Lands in B. and all other the Premisses with the Apurtenances respectively at any Time formerly had levied suffered or executed whereunto the said A. B. and E. his wife or the said A. B. singly was and is in any wise Party and all and every the executions of the same should and shall be and inure to the uses intents and purposes and under the provisions conditions and limitations hereafter in these presents expressed limitted and declared And that the said Recoverors and either of them and all the Parties to the said Recovery and their Heirs and all other Person and Persons and his and their Heirs who then were and now are or hereafter shall be seized of the said Messuage Lands Hereditaments and Premisses contained in the said Recovery should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the uses purposes and intents hereafter expressed And that the Cognizees of the said Fine and either of them and all the Parties to the said Fine and the Heirs of them and every of them and all and every other Person or Persons and his and their Heirs who at the Time of levying of the said Fine were or now are or herafter shall be seized of the said Mannor c. Lands Tenements Hereditaments and Premisses comprized in the said Fine and every of them should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the uses intents and purposes hereafter in these presents expressed and to no other use intent or purpose whatsoever That is to say To the use and behoof of c. 18. This Indenture c. Between A. B. of Upon a Fine Recovery and other conveiances to be bad the one part and C. D. and E. F. of the other part Winesseth That the said A. B. in consideration c. set down the grounds
and reasons of the settlement vide Chap. 2. and for other good causes and considerations him hereunto moving doth covenant and grant for him his Heirs Executors and Administrators 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 in manner and form following That is to say That he the said A. B. or his Heirs before the Feast of c. now next ensuing shall and will at the cost and charges of him the said A B. his Heirs Executors and Administrators sufficiently by Fine or Fines Recovery or Recoveries or other sufficient conveyances and assurances in the Law convey and assure unto the said C. D. and E F. and to their Heirs or the survivors of them and his Heirs All that his Mannor c. 19. And it is covenanted granted concluded condescended and agreed by and between the Uses Parties to these presents and thâ—ir Heirs That the said Fine or Fines Recovery or Recoveries and other good and sufficient conveyances and assurances to be had made levied suffered and executed by the said A. B. or his Heirs to the persons aforesaid ot to the surviver of them his or their Heirs before the said Feast of c. shall be and shall be deemed construed reputed and taken to be to the uses intents and purposes hereafter mentioned and to no other use intent or purpose whatsoever That is to say To the use and behoof of c. Or thus and it is covenanted granted concluded and agreed by and between the said Parties to these presents for themselves and their Heirs respectively That the said Fines Feeoffments Conveyances and Assurances for touching or concerning the said Mannor c. to be made levied suffered and executed as aforesaid shall be and the person or persons to whom the said conveyance and Estates shall be made and executed as aforesaid and his or their Heirs shall stand and be seized of the Premisses and every part thereof To the uses intents and purposes hereafter mentioned and to none other use intent or purpose whatsoever That is to say to the use of c. Or thus And shorter Coâ—enant it is covenanted c. That he the said A. B. or his Heirs shall and will within the space of c. next ensuing the Date hereof by good and sufficient conveiance and assurance in the Law sufficiently convey and assure unto the said C. D. and E. F. and their Heirs or to the survivor of them and his Heirs All that his Mannor c. And it is covenanted granted concluded and agreed by and between the said Parties to these presents for them and their Heirs respectively That the said conveiance and assurances so to be had and made as aforesaid shall be and enure And the said C. D. and E. F. and their Heirs immediately from and after such conveiance and assurance so had and made shall stand and be seized of and in all and singuler the said Mannor Lands Tenements and Hereditaments herein before mentioned to be conveyed with their and every of their Appurtenances to the uses intents and purposes hereafter in these presents set down expressed and declared and 〈◊〉 no other use intent or purpose whatsoever â—â—at is to say To the use of c. 20. This Indenture c. Between A. B. of Upon a Fcoffment the one part and C. D. and E. F. of the other part Witnesseth That the said A. B. for and in consideration of a Marriage c. and for settlement in name and blood c. vide Chap. 2 Hath granted aliened enfeoffed released and confirmed and doth by these presents grant alien enfeoffe release and confirm unto the said C. D. and E. F. their Heirs and Assigns for ever All that Mannor c. And the Revertion and Revertions Remainders and Remainders thereof and of every part thereof and all and every the Rent or Rents thereupon reserved due or payable or upon any part thereof To have and to hold the said Mannors c. unto the said C. D. and E. F. their Heirs and Assigns for ever to the several uses intents and purposes and under the several provisoes conditions and limitations hereafter in and by these presents expressed limited and declared and to or for none other use intent or purpose whatsoever That is to say c. Upon a covenant to stand seized c. 21. This Indenture c. Between A. B. of the one part and C. B. one of the Sons of the said A. B. of the other part Witnesseth That whereas the said A. B. is lawfully seized in his 〈…〉 esne as of Fee of and in all that Messuage c. setting down the particulars Now the said A. B. for and in consideration of the natural Love and Affection which he the said A. B. hath and beareth unto his said Son C. B. and for the advancement and maintainance of the said C. B. and preferment to his Heirs and for the establishing and setling of the said Messuage Lands and Premises according to the true intent and meaning of the said A. B. in such manner and form as is hereafter expressed and for divers good causes and considerations him the said A. B. hereunto moving Doth for him his Heirs Executors and Administrators covenant and grant to and with the â—â—id C. B. his Heirs Executors and Administratoâ— ot That he the said A. B. and his Heirs and all and every other person or persons and his and their Heirs which now stand and be seized of and in the said Messuage Lands and Premisses and of every or any part or parcel thereof shall from henceforth stand and be seized thereof and of every or any part or parcel thereof 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 and behoof of the Heirs Males of the Body of the said C. B. lawfully to be begotten and for want of such Issue to the use of the Heirs of the Body of the said C. B. 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 22. This Indenture c. Between A. B. of Upon a barg and sale for six months and a grant and release of the Revertion the one part and C. D. and E. F. of the other part Witnesseth That the said A. B. for and in consideration of the sum of 5 shillings of lawful money of England to him in hand paid before the sealing and delivery hereof the Receipt whereof he the said A. B c. Hath granted bargained and sold and by these presents doth grant bargain and sell unto the said C. D. and E. F. their Executors and Assigns all that Messuage c. And the Revertion and Revertious Remainder and Remainders thereof and of every part
or parcel thereof together with all Rents and services reserved upon all or any lease or leases of the Premises or any part or parcel thereof To have or to hold the said Messuage or Tenement c. and all and singuler other the Premisses herein before mentioned and intended to be hereby granted bargained and sold with their and every of their Appurtenances unto the said C. D. and E. F. their Executors Administrators and Assigns from the Day of the Date hereof for and during the full end and term of 6 Months from thence next ensuing and fully to be compleat and ended To the end that by vertue of thesâ— presents and of the Statute of transferring uses into possession the said C. D. and E. F. may be in the actual possession of the Premisses and be inabled to take and accept of a grant and release of the same to them the said C. D. and E. F. their Heirs and Assigns for ever Or thus To the end that the said C. D. and E. F. may by vertue hereof and of the Statute of transferring uses into possession be in the actual possession of the said Messuage Lands and Premisses and be inabled to take and except of a grant and release of a Revertion and inheritance thereof to them and their Heirs In Witness c. 23. This Indenture made c. Between A. B. The release and grant of the Revertion of the one part and C. D. and E. F. of the other part Whereas the said A. B. by Indenture bearing Date the c. Day of this instant January it must bear Date a Day or two after the Lease for the consideration therein mentioned did grant bargain and sell unto the said C. D. and E. F. All that Messuage c. And the Revertion and Revertions Remainder and Remainders of the same and of every part or parcel thereof and all Rents and Services reserved upon any Lease or Leases made of the Premises and every part or parcel thereof To have and to hold the said Messuage or Tenements Lands and Premisses and every part or parcel thereof with the Appurtenances unto the said C. D. and E. F. their Executors Administrators and Assigns from the Date of the said recited Indenture for and during the Term of six Months from thence next ensuing and fully to be compleat and ended By Vertue whereof and of the Statute of transferring uses into Possession the said C. D. and E. F. were and yet are in the actual Possession of the Premisses as by the said recited Indenture Relation being thereunto had more fully and at large it doth and may appear Now Witnesseth this present Indenture That the said A. B. for and in consideration c. †vide cap. 2. and for divers good causes and considerations him hereunto moving Hath granted released and confirmed and doth by these presents grant release and confirm unto the said C. D. and E. F. their Heirs and Assigns all that the aâ—oresaid Messuage or Tenement Lands Hereditaments and Premisses with the Appurtenances and every part and parcel thereof and all the Estate Right Title Interest claim and demand whatsoever of him the said A. B. of in and to the Premisses and every part and parcel thereof And the Revertion and Revertions Remainder and Remainders thereof and of every part and parcel thereof And all Rent and Rents and other services reserved or payable upon any demise or demises Lease or Leases of the Premises or any part or parcel thereof To have Uses and to hold the said Messuage or Tenement Lands and Hereditaments and Premises and every part thereof with the Appurtenances mentioned or intended to be hereby granted released and confirmed unto the said C. D. and E. F. their Heirs and Assigns for ever To the several uses intents and purposes hereafter in these presents mentioned and declared and to no other use intent or purpose whatsoever That is to say To the use and behoof of â— 24. This Indenture c. Between A. B. of Upon a Feoffment past and unexecuted the one part and C. D. and E. F. of the other part Whereas the said A. B. did by his Indenture of Feoffment bearing Date the c. made between the said A. B. of the one part and the said C. D. and E. F. of the other part give grant alien enfeoste and confirm unto the said C. D. and E. F. and their Heirs All that Messuage or Tenement and Lands c. and the Revertion and Revertions Remainder and Remainders thereof and of every part and parcel thereof And all the Estate Right Title Interest Possession Property Claim and Demand whatsoever of him the said A. B. of in and to the same and of in and to every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Hereditaments and all and every other the Premisses with their and every of their Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever Now witnesseth this present Indenture And it is hereby declared that the true intent and meaning of the said A. B. and of all the Parties to the said recited Indenture or deed of Feoffment and to these presents was and yet is that the said Deed of Feoffment and the full force effect and execution thereof should and shall be and inure of for touching and concerning all and every the said Messuage Lands Tenements and Hereditaments with their and every of their Appurtenances to the uses intents and purposes and under the provisoes conditions and limitations hereafter mentioned and expressed And the said Feoffees their Heirs and Assigns should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the same uses intents and purposes and to no other use intent or purpose whatsoever That is to say To the use of c. CHAP. VI. The several Forms of indorsing of Livery made and of Attornements 1. Memorandum That this fifteenth Day of Livery by Feoffor to Feoffee January Anno Domini 1665. Peaceable and quiet possession and seisin of the said Messuage Lands and other the Premisses in this Deed conteyned was delivered by the within named A. B. to the within named C. D. according to the form and effect of this Deed in the presence of those whose names are hereunto subscribed 2. Memorandum That the fifth Day of c. Livery made by Attorney Anno Domini 1665. Peaceable and quiet possession and seisin of the Mannor Messuages Lands Tenements and Hereditaments within specified was taken had and delivered by E. F. and G. H. the Attorneys within named to the within named C. D. according to the Tenor and true meaning of this present Indenture in the presence of those whose names are hereunto subscribed 3. Memorandum That the Day and Year Another within written full and peaceable possession of all and singuler the Lands Tenements and Hereditaments within granted or
the end or determination of the said Estate or Interest before limitted to the said C. B. then to the use of c. If the use be lymitted of part of the Lands before limited to A. B. then say thus To the use of the said A. B. for Term of his natural Life and from and after his decease as to such and such Lands setting forth the certainty of them being parcel of the premisses before limited to the said A. B. for Term of his Life 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 the end and determination of the said Estate or Interest before limited to the said C. B. then to the use of c. And as for touching and concerning the remainder of the premisses before limited to the said A. B. for Term of his Life being c. set down the particulers of it to the use and behoof of D. B. one other of the Sons of the said A. B. for the Term of 21. Term of Years Years to commence immediately from and after the decease of the said A. B. and from and after the end and determination of the said Estate or Interest limited to the said D. B. To the use of c. 6. And from and after the decease of the said Limitations of uses in Talc to 1. 2. 3. 4. c. Sons A. B. and E. his Wife then to the use and behoof of the Heirs of the Body of the said A. B. lawfully begotten on the Body of the said E. B. Or thus And as touching and concerning the immediate remainder of the said Capital Messuage Lands c. before particularly limited or mentioned or meant to be limited to the use of the said E. B. for her Joynture as aforesaid im-immediately from and after the decease of the said A. B. and E. B. and of the longer liver of them and the immediate Remainder of the said Lands c. whereof no use is before limited to the said E. B. from and after the decease of the said A. B. to the only use and behoâ—f of the first Sonne of the Body of the said A. B. on the Body of the said E. B. 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 then to the use and behoof of the second Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten or to be begotten and of the Heirs Males of the Body of such second Son lawfully 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. B. lawfully to be begotten and of the Heirs Males of the Body of the said third Sonne lawfully to be begotten And for default of such Issue to the use and behoof of the fourth Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten or to be begotten and of the Heirs Males of the Body of such fourth Son lawfully begotten And for default of such Issue then to the use and behoof of the fifth Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten or to be begotten and of the Heirs Males of the Body of such a fifth Son lawfully begotten c. even to the ninth or tenth Sons And for default of such Issue to the use and behoof of all and every other Son and Sons 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 the elder Son and the Heirs Males of his Body being always preferred before the younger Son and the Heirs Males of his Body according to the Seniority and Priority of Birth and Age 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 7 To the use and behoof of the said A. B. for Another to Sons already born and during 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 E. B. for and during the term of her natural Life for her Joynture c. vide before Sect. 20. And from and after the decease of the said A. B. and E. B and of the longer liver of them to the use and behoof of C. B. the eldest Son and Heir apparent of the said A. B. and of the Heirs Males of the Body of the said C. B. lawfully begotten and to be begotten And for default of such Issue to the use and behoof of D. B. second Son of the said A. B. and of the Heirs Males of the Body of the said D. B. lawfully begotten or to be begotten And for default of such Issue to the use and behoof of E. B. third Son of the said A. B. and of the Heirs Males of the Body of the said E. B. lawfully begotten or to be begotten And for default of such Issue to the use and behoof of the †In case there be no more Sons born time of the limitation fourth Son of the said A. B. on the Body of the said E. B. his Wife lawfully to be begotten and of the Heirs Males of the Body of such fourth Son lawfully to be begotten And for default of such Issue to the use and behoof of the fifth Son 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 such fifth Son lawfully to be begotten And for default of such Issue then to the use and behoof of all and 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 successively one after the other and in order as they shall succeed and be in seigniority of age and priority of birth and of the Heirs Males of the several and respective Bodies of all and every such other Son and Sons lawfully to be begotten And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. lawfully begotten or to be begotten And for default of such Issue to the only use and behoof of the right Heirs of the said A. B. for ever Limitation to the Father for life after to the Son and his Wife remainder to 1 2 3. c. Sons of him in Tail remainder to the Fathers other Sons
paâ—t and let thereby A. B. covenant to levy a Fine to G. H. and I. K. of the Mannor of L. c. And then add And it is covenanted granted condescended agreed and declared by and between all the said Parties to these presents That the said Fine or Fines and all other Fine or Fines hereafter to be had and levyed by and between the said Parties to these Presents or any of them of the said Mannor and Premises or any Part thereof are meant and intended to be and immediately from and after the acknowledging and levying of the said Fine or Fines shall be taken judged and construed to be and inure to the several uses trusts and purposes hereafter mentioned That is to say 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 the determination Nota. of the Estate of the said A B. to the use and behoof of the said C. D. and E. F. and their heirs for and during the natural life of the said A. B. to the end intent and purpose and in trust only to preserve the contingent remainders hereafter mentioned And from and after the decease of the said A. B. to the use and behoof of the first Son of the body of the said A. B. lawfully to be begotten on the body of E. B his now wife 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. B. to be begotten and of the heirs males of such second Son and in like manner to 3 4 5 6 c. Sons and for want of such Issue to the use and behoof of all and every other Son and Sons of the body of the said A. B. to be begotten on the body of the said E. B. successively one after the other as they shall be in Seniority of Age and Priority of Birth and the several and respective heirs males of their bodies the elder and his heir male of his body to be alwaies preferred before the younger of them and the heir male of his Limitation for issue en ventre sa mere body And for default of such Issue in case the said E. shall be enseint at the time of the death of the said A. B. then to the use and behoof of the said E. until she shall be delivered of such Child or die which of them shall first happen in trust only for the preservation of the contingent remainder unto her Son if she shall be Nota. enseint of a Son and if such Child shall be a Son then to the use and behoof of such after-born Son and the heirs males of the body of such after born-Son lawfully to be gotten And Limitation of five hundred years for payment of daughters portions if no heir male be for want of such Issue to the use and behoof of the said C. D. and E. F. and their Executors Administrators and Assigns for and during the term of five hundred years And from and immediately after the end of the said Estate or Term of five hundred years to the use and behoof of the said A. B. and the heirs males of his body and for want of such Issue to the use and behoof of the right heirs of the said A. B. for ever And as for touching and concerning the said Estate of five hundred years herein before limited to the said C. D. and E. F. It is hereby declared that The Declaration of the trust as to the Estate of five hundred years the said Estate is so limited to them as aforesaid in trust that they the said C. D. and E. F. or the Survivor of them and the Executors Administrators and Assigns of the Survivor of them shall and may out of the yearly and accidental Rents Issues and Profits of the said Mannor Farm c. herein before limited to them for the said Term of five hundred years for default of Issue male as aforesaid levy raise and pay the several Sums hereafter mentioned as well for the Maintenance and Education aâ— for the Portion or Portions of the daughter or daughters of the said A. B. of the body of the said E. â— to be begotten in case there shall be a Failer of Issue male of the body of the said A. B. on the body of the said E. to be begotten in such mâ—nner and form as is hereafter expressed and declarede That is to say The Sum of One thousand Pound One thousand Pound to one daughter One thousand a piece if more daughters of good and lawful Money of England in case they shall have but one daughter between them two for the Marriage Portion of such daughter if such daughter shall not be preferred in marriage by the said A. B. in his life time And in case there shall be more than one daughter between them begotten the Sum of One thousand pound a piece of lawful Money of England a piece for every such daughter that shall not be preferred in Marriage in the life time of the said A. B. the said portion and portions to be payed to them respectively at their several ages of one and twenty years or respective dayes of Marriage which of them shall first happen And in the meantime for the raising and paying to or Maintenance before Portions payed for such daughter or daughters until their several portions shall become due and payable as aforesaid necessary and convenient maintenance at the discretion of the said Trustees or the survivor of them or the Executors or Administrators of the survivor of them And it is concluded and agreed by and between Vpon payment of the Portions the Estate for five hundred Years to be void all the said Parties to these presents and it is the true intent and meaning hereof that when the several portions and Sums of Money aforesaid shall be payed and satisfied to the said daughter or daughters as aforesaid according to the true intent and meaning of these presents or if he or they to whom the Remainder or Reversion of the said Mannor Farm Lands Tenements Hereditaments and Premises shall be remain or come by vertue of these presents after the end or exspiration of the said Estate of Five hundred years shall well and truly satisfie or pay or cause to be satisfied or payed or otherwise secure to be satisfied or payed unto such Daughter and Daughters the said several sums as aforesaid That then immediately from and after such payment made or security given for payment of the said sum or sums to such Daughter or Daughters as aforesaid according to the true intent and meaning of these presents the said Estate or Term of five hundred years herein before limited to the said C. D. and E. F. as aforesaid shall cease determine and
writing or otherwise by his Deed 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 for term of the life onely of such wife or wives or to any other person or persons to the use of any such wife or wives for term of the life only of such wife or wives for or in the name of a Ioynture or Ioyntures a full third part of less or so much as shall amount unto a full third part or less of all that his said Mannor of c. And that then and from thenceforth the said Fine or Fines shall be and inure and the said Cognizâ—es therein to be named their and every of their Heirs of and in such part and proportion of the said Mannor for or concerning which such assurance shall be made for the Ioynture of such wife or wives according to the intent and true meaning of these presents shall stand to be seized to the use of such wife or wives for and during the life or lives of such wife or wives according to the intent and true meaning of such assurance be the same by Deed executed in the life time of the said A. B. or by his last Will and Testament as aforesaid c. vide Sect. j. of this Chapter 4. The uses being supposed to be limited Another whereby power is given to the Father to settle Land upon future Wives and to Son to settle a Rent for a Joynture to the Father for life and after to the Son for life with Remainders over in Tail Then add Provided alwaies and it is fully concluded and agreed by and between all every the said Parties to these presents for themselves their Heirs and Assigns respectively by these presents and also the true intent and meaning of these presents and of the said Parties hereunto and of the said Fine Recovery and other the Covenanted or intended Conveyances and assurances is and so for ever shall be adjudged and taken to be And also the said C. D. E. F. c. and the Survivors and Survivor of them his and their Heirs and all and every other person or persons his and their Heirs which now are or stand seized or hereafter shall stand and be seized of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses and of and in every or any part thereof by force of these presents and of the said Fine Recovery and intended Conveyances and Assurances before mentioned and every or any of them and their and every of their Heirs shall stand and be seized thereof and of every part thereof with Thappurtenances to and for such use intent and purpose notwithstanding any of the former use or uses in or by these presents before limitted daclared or appointed As well that it shall and may be lawful to and for the said A. B. at any time or times during the term of his natural life The power given to the Father by any his Deed or Deeds in writing or by his last Will and Testament in writing to grant convey assure bequeâ—th limit or appoint such and so much of the said Hereditaments and Premisses not exceeding in the whole one third part thereof as to himself shall seem meet or convenient unto or for the use of any lawful wife or wives of the said A. B. whom he shall hereafter fortune tâ— marry for and during the term of the natural life or lives of such wife or wives for or in the name of her or their Ioynture or in satisfaction of her or their Dower of and in the said Hereditaments and Premisses 5. And also that it shall and may be lawful Power to the Son to settle an Annual Rent on his Wives to anâ— for the said C. B. from and after the decease of the said A. B. at any time or times thenceforth during his natural life by any his Deed or Deeds in writing or by his last Will and Testament in writing respectively to grant convey assure bequeath limit or appoint one Annual or yearly Rent of One hundred and fifty pounds of good and lawful Mony of England with or without clause of Distress to be issuing and going out all or any the said Hereditaments and Premisses or out of any part or parcel thereof as tâ— himself shall seem meet and convenient unto oâ— for the use of M. his now wife or to or for the use of any other wife or wives of the said C. B. whom he shall hereafter fortune to marry for and during the term of the natural life or lives of the said M. or of such other wife or wives for or towards her or their Ioynture or Ioyntures and in satisfaction of her or their Dower or Dowers such of the said Premisses as shall be hereafter conveyed assured or limited to or for the use or uses of any wife or wives of the said A. B. pursuant to the true intent and meaning of these presents for and during the life or lives of such wife or wives onely excepted and foreprized 6. Provided always and it is the true intent Another to settle a Rent for a Joynture and meaning of these presents and of all and every the Parties hereunto That it shall and may be lawful to and for the said A. B. by any Writing or Writings sealed with his Seal and subscribed by him and duly executed in the presence of three Witnesses at the least to give grant limit or appoint to or to the use of every or any Woman that is 〈…〉 r shall be hereafter his lawful Wife one Annual or yearly Rent not exceeding the yearly sum of One hundred pound to be issuing and growing out of the said Mannors c. or any part of them or either of them so to be conveyed and assured as aforesaid To have and to hold the said Annual or yearly Rent to any or every such Woman for Term of her natural life for and in the name of her Ioynture the same to be paid at the Feasts of c. yearly by even and equal portions and the first Payment thereof to begin at such of the said Feasts as shall next happen after the decease of the said A. B. And that then and from thenceforth the said Fine or Fines shall be and enure and the said C. D. and E. F. and their heirs shall stand and be seised of and in the said Mannors c. so to be charged as aforesaid to the use intent and purpose Distress aforesaid and that every such Wife or Wives to whom or to whose use any such Grant or Limitation shall be made and her Assigns shall and may from time to time for non-payment of the said Rent enter into and upon the said Lands and Tenements so to be charged for the same Rent and Arrearages thereof as in case of a Rent-Charge and the Distress and Distresses so had and
taken to lead drive bear carry away detain and keep until she or they shall be of the said Rent and Arrears thereof if any shall be fully satisfied contented and paid 7. Provided always and it is likewise further Another to settle Lands in certain with reservation of a Rent to be paid by the Wife Covenanted granted and fully agreed by and between the said Parties to these present Indentures for them and their heirs by these presents That it shall and may be lawful to and for the said A. B. by any Writing Indented by him seal'd and duly executed to assign limit and appoint the said capital Messuage or Mansâ—on House of B. aforesaid and the Lands thereunto belonging with the Appurtenances to the use of the said E. B. his now Wife for Term of her natural life reserving and appointing by the said Indented Writing the yearly Rent of Ten pounds of lawful moneys of England to be paid for the same from and after the death of the said A. B. yearly during the life of the said E. B. at Two usual Feasts or Terms of the year by equal portions at the said Capital Messuage of B. aforesaid to the said C. B. the Son of A. B. and the heirs males of the body of the said C. B. lawfully begotten or to be begotten and after to such person and persons as by the limitation herein before set forth shall have the said House and Lands the first Payment thereof to begin at such of the said Feasts as shall first happen after the decease of the said A. B. And that from and after such limitation or appointment so had or made the said Assurances and Conveyances shall be and the said C. D. E. F. c. and their heirs and the survivors and survivor of them and his and their heirs shall stand and be thereof seised to the only use and behoof of the said E. B. and her Assigns according to such limitation as shall be so had or appointed so that the said E. B. and her Assigns do pay or cause to be paid yearly during Use limited after the particular Estate ended her life the said sum of Ten pounds in manner and form before mentioned expressed and appointed and from and after the death of the said E. B or of the determination of her Estate or use therein by any ways then to the use of the said C. B. and of the heirs males of his body lawfully begotten or to be begotten and after to the use of such Person and Persons and in such â—anner and form and with all such Remainders Over-Vses and Limitations and under all and every such Conditions and Provisoes as the same should have been if no such Assignment Appointment or Limitation by force of this Proviso had been thereof made or appointed 8. Provided always That it shall and may Another more brief be lawful to and for the said A. B. from time to time during his natural life by his sufficient Deed or Deeds in writing or by his last Will and Testament in writing to give grant devise lease limit dispose or appoint to and for the use and benefit of any Wife or Wives whom the said A. B. shall happen to marry for the Term of her natural life for a Ioynture such and so much of the said Mannors Lands Tenements and Hereditaments as to him shall seem meet not exceeding one third part in value of the whole and that in every such case the said C. D. and E. F. and the survivor of them his and their Heirs and Assigns shall stand and be seised of such of the said Mannors Lands Tenâ—ments and Hereditaments as shall be so given granted devised leased limited or appointed to the use of such Wife or Wives for and during the natural life of such Wife and Wives and for and during such Estate and Estates as shall be so given granted devised leased limited or appointed in manner and form aforesaid and under such Covenants Conditions and Provisoes as in such Writing or last Will shall be contained and expressed and after the end or determination of such Estate or Estates to the use of such Person or Person to whom the same ought to be and remain by the true intent and meaning of these presents 9. As to for and concerning the said Mannor Another Proviso for future Wives by way of limitation of Use or Farm of B. to the use of the said C. 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 of the said E. B. his Wife for and during her natural life for her Ioynture c. and from and after the decease of the said C. B. and E. B. for and concerning the said Mannor or Farm or so much of the same as the said C. B. shall at any Time or Times during his life by one or more Writing or Writings under his Hand and Seal seal'd and executed in the presence of three credible Witnesses limit and declare for a Ioynture for such other Wife as he shall have at the time of his decease to the use of such Wife for and during her natural life for her Ioynture And for and concerning the residue of the said Mannor or Farm not so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife And for and concerning so much of the said Mannor or Farm as shall be so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife and from and after the decease of such other wife as the said C. B. shall have at the time of his decease to the use and behoof of the first Son of the body of the said C. B. lawfully to be begotten and of the heirs Males of the body of such first Son lawfully to be begotten c. to the tenth Son and the Heirs of the body of such tenth Son lawfully to be begotten And for want of such Issue to the use and behoof of all the Daughters Use to Daughters of the body of the said C. B. lawfully begotten and to be begotten and of the several and respective Heirs of the bodies of such Daughters lawfully begotten or to be begotten c. 10. Provided alwaies and it is fully Covenanted Pâ—wer givâ—n to cestuy que use for life to make Leases concluded and agreed by and between all the said Parties to these presents for them their Heirs and Assigns That it shall and may be lawful to and for the said A. B. And that the said A. B. shall have power and authority from time to time and at all times hereafter at his will and pleasure during the term of his natural life by his Deed or Deeds in writing to demise grant and to farm let all or any the said Messuages Lands Tenements and Hereditaments
payment thereof by the said A. B. or by the said person or persons in Reversion or Remainder And so that the said Lessees and And so that the Lessee perform the Conditions in such Lease mentioned Cognizees to stand seised of the Reversion and of the thing as it falls into possession Grantees their respective Executors Administrators and Assigns do well and truly perform the Conditions to be comprised in the Indenture or Indentures of their said several Leases Demises or Grants according to the effect intent and true meaning of the same Indenture or Indentures And that the said C. D. and E. F. c. and their heirs shall stand and be seised of the Reversion and Remainder Reversions and Remainders of the said Messuages Lands Tenements and Hereditaments so to be leased or granted as aforesaid and after the end or determination of such Lease or Leases then of the said Messuages Lands Tenements and Hereditaments so to be leased or granted to such uses and intents as the said C. D. E. F. c. should have stood or been thereof seised by the purport intent and true meaning of these presents if no such Lease or Grant had been thereof made and that of and for such Estate and Estates in such order and degree with the same Remainder and Remainders and in such manner and form to all intents and purposes as they should have stood and been thereof seised by the purport and true meaning of these presents if no such Lease or Grant had been thereof had or made 16. After uses limited as followeth viz. Another for such Term and under-Rent or no Rent as Lessor pleaseth to the use of the said A. B. for and during the term of his natural life without impeachment of waste c. with Remainders over Provided always and it is agreed by and between all the parties to these presents and by them and every of them hereby declared to be their true intent and meaning that it shall and may be lawful to and for the said A B. at any time or times during his natural life to make any Demise Lease or Grant Demises Leases or Grants by Indenture or Indentures to be by all the parties thereunto duly executed of all or any part of the said Messuages Lands or Premisses either in possession or reversion or otherwise to any person or persons whatsoever for any term or terms of years or for the life or lives of any one or more person or persons or for any term or terms of years determinable upon the death or deaths of any one or more person or persons or for any other term or terms of years whatsoever as by the said A. B. shall be thought fit or convenient And that from and immediately after the making Cognizees c. to stand seised to the use of Lessees and executing of such Demise Lèase or Grant Demises Leases or Grants the said C. D. E. F. c. and the survivors and survivor of them and his and their heirs shall stand and be seised of all or such part and so much of the said Messuages Lands Tenements and Premisses as shall be at any time or times hereafter leased or demised as aforesaid to the use of such person or persons â—espectively to whom any such Demise Lease or Grant shall be so made for such Estate term and interest and in such manner and form as the same shall happen to be so leased demised or granted according to the true intent and meaning of these presents and of every such Demise Lease or Grant So as such Lessee or Lessees Grantee or Grantees during his or their several Lease or Leases Grant or Grants So as Lessees pay their Rents or Interests respectively do pay or cause to be paid the Rent or Rents or sum or sums of money reserved or appointed to be paid in and by the Indenture or Indentures of his and their Lease and Leases Grant and Grants respectively to such person or persons to whom the same from time to time shall by the purport and true meaning of these presents belong or appertain according to the purport and true meaning of such Lease and Leases and that the said C. D. and E. F. c. shall stand and be seised of the Reversion vide Sect. 15. c. 17. Provided always that it shall and may Another for 21 years or 3 lives under the ancient Rents and chargable with Rents c. before charged c. be lawful to and for the said A. B. being Cestuy que use for life from time to time and at all times hereafter during the term of his natural life by his Deed or Deeds lawfully executed or otherwise by his last Will and Testament in writing to Lease Grant or Demise give dispose limit or appoint to any Person or Persons whatsoever All every or any the said Mannors Messuages Lands Tenements Hereditaments and Premisses with Th' appurtenances the chief House called B. and the Demesnes of the said Mannor of B. before in and by these presents limited expressed and declared for the Ioynture of the said M. onely excepted for and during the term of One and twenty years or for some shorter or lesser Term of years or for the term of one two or three lives or for any number of years determinable upon one two or three lives charged Charged with Rents and Payments c. nevertheless or chargable with such Rents sums of Mony and Payments as before or after in these presents are appointed limited or declared to be payed levyed or issuing out of the same or any part thereof as in these presents is mentioned and declared so that all and every such Lease and Leases Devise and Devises or any of them be not made to be without impeachment of Waste Not to be made without impeachment of Waste by any special Clause Proviso or Covenant therein to be contained and that every such Lease Grant Demise or Devise so to be made be made of Lands or Tenements in Possession usually letten to farm by the space of Twenty years last past and not of any Lands in Reversion And so that upon every such Grant lease devise or demise the old and accustoâ—ed Rent and Rents Boons Arrearages Customes and Old Rent or more to be reserved Services or more be reserved to be due and payable during the continuance of every such Demise Lease Grant or Devise at the days and times and in such manner and form as the same have been accustomed Or thus So as upon every such Grant Lease Demise or Devise for life or lives or years to be made the old and accustomed Rents Duties and Services or more be yearly reserved and payable during the said Terms unto such to whom the immediate Reversion or Remainder of the Mannors Messuages and Lands so leased or devised shall be and who ought to have and receive the said Rents Duties and Services by the intent and true
meaning of these presents 18. And that the said Assurances and Conveyances Assurances c. to be to the use of Lessees of the Premisses by Fine Recovery or otherwise to be made and every of them shall be and inure and the said Persons to whom the said Assurances and Conveyances shall be made and their Heirs and Assigns shall stand and be seized of the Premisses and of every part thereof so to be Demised Granted Leased or Devised to the use and behoof of all and every such Person or Persons to whom any such Lease Demise Grant or Devise shall be made his and their Executors Administrators and Assigns during the said term and terms to be contained in the said Demise Lease Grant or Devise according to the tenour effect and true meaning of such Demise Lease or Devise so as the So as the Lessees pay their Rents c. said Lesseâ—s and Devisees and every of them their and every of their Executors Administrators and Assigns and such Person or Persons to whom their or any of their respective term or terms or interest shall come and be devolved shall and do content and pay to the said A. B. or such Person or Persons as shall have at any time during their respective terms or interests the immediate Reversion or Reversions Remainder or Remainders of the Premisses so leased or devised the Rent or Rents and Services to be reserved or made due and payable in and upon every such Lease and Grant or Devise at the times in the said Lease Grant or Devise mentioned or within one Month next after And do likewise perform the Conditions Covenants And perform Covenants Conditions Clauses and Appointments specified in such Demise Lease Grant or Devise And that after the end of such Estate or Estates the said Conveyances and Assurances shall be and inure and the said Persons to whom the said Conveyances and Assurances shall be made and their Heirs and Assigns shall stand and be seized of the said Premisses uso leased or dâ—vised as aforesaid and of every part and parcel thereof to the use of such Person and Persons to whom the same ought to remain by the true intent and meaning of these presents 19. Provided alwaies and it is the intent Power given to two Tenants for life to make Leases successivly and true meaning of these presents and of all the Parties hereunto That it shall and may be lowful to and for the said A. B. at any time or times during his natural life and also to and for the said C. B. at any time or times from and after the decease of the said A. B. during the natural life of the said C. B. by any their several Deed or Deeds in writing at any time or times respectively and successively to Demise Grant or Lease all or any part of the said Mannors Messuages Lands Tenements Hereditaments and Premisses heretofore usually demised or letten which at the time or times of such Lease or Leases shall happen respectively to be in the lawful actual and real possession of an Estate of Freehold in such of them as shall make such Lease or Leases for the time being to any person or persons whatsoever for the term of One and twenty years or under or for three lives or under or for any number of years determinable upon three lives or fewer in possession and not in Reversion so that in and by every such Lease or Leases Demise or Demises so to be made as aforesaid the old ancient and accustomed Rents Duties and Services or more be reserved to be therefore respectively due and payable yearly during the continuance of such several Lease and Leases And that then and immediately from and after such Lease or Leases so made as aforesaid the said C. D. E. F. the Cognizees c. and the Survivors and Survivor of them and his and their Heirs shall stand and be seized of the said Mannors Messuages Lands Tenements and Hereditaments and every part thereof which shall be so demised or leased as aforesaid to the use of such Person or Persons respectively to whom such Lease or Leases Demise or Demises shall be made for such Estate Term and Interest and in such manner and form as the same shall so happen to be demised or leased according to the true intent and meaning of these presents and of every such Demise Lease or Grant And that from and after the end and determination of the Estate or Estates in such Demise or Demises Lease or Leases to be contained the said C. D. E. F. c. and the Survivors and Survivor of them his and their Heirs shall stand and be seized of the said Premisses so leased or demised as aforesaid as the Estate or Estates therein shall cease or 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 20. The first limitation being thus Another by way of use limited to the Lessees briefly To the use of the said A. B. for and during the term of his natural life without impeachment of or for any manner of Waste Then followeth And from and after the decease of the said A. B. to the use of such Farmers or Tenants to whom the said A. B shall at any time hereafter during his natural life by Deed or Deeds by him lawfully executed demise or lease the same for and during the term or terms of One and twenty years or under or for and during the term of one two or three lives under the Reservations Provisoes Covenants and Conditions in such Demise or Lease Demisâ—s or Leases to be contained and from and after the end and determination of the said several Estates for life lives or years and as the same shall severally and respectively end and determine 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 21. To the use of the said A. B. for and Another to the same effect but more full during the term of his natural life and from and after the decease of the said A. B. As to such part of the Premisses as shall be by the said A. B. by any Deed or Deeds by him duly executed during his life demised or leased to any person or persons whatsoever for and during the term of One and twenty years or under or for and during the Term of one two or three lives To the use of such Farmers or Tenants respectively for and during their said several and respective Terms and Interests under the Reservations Covenants Provisoes and Conditions in such Demise or Lease Demises or Leases to be contained And from and after the end and determination of the said several Terms and Interests and as the same shall severally and respectively end and determine
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 Enâ—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 râ—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 Thâ— 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 â—â—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 Câ—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 bâ—hâ—nd and unpaid it shall and may be lawful to and for the said C. B and M. his Wâ—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 Eighteâ—â— 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
said A. B. to die having one only Daughter of his Body on the Body of the said E. begotten then living or afterwards to be born as aforesaid and that the said onely Daughter shall happen to depart this life before that she shall accomplish the Age of Eighteen years or be marryed or if there happen to be two or more Daughters of the Body of the said A. B. on the Body of the said E. begotten then living Then if both or all of the said Daughters shall happen to die or depart this life before either or any of them accomplish their several Ages of Eighteen years or be marryed as aforesaid That then the several sum and sums of Mony intended for the Portions and Advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levyed out of the Rents Issues and profits of all or any the Premisses all Charges and Expences defrayed wherein a full and liberal allowance shall be made and given shall be satisfied and paid to such person or persons as the said A. B. by any writing under his Hand and Seal subscribed by two or more credible Witnesses or by his last Will and Testament to be subscribed as aforesaid shall limit or appoint And in default of any such Limitation or Appointment to the Executors or Administrators of the said A. B. 13. And upon further trust and confidence Moneys to be paid yearly for maintenance of the Daughters 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 Assigns shall out of the Rents Issues and Profits of the said Messuages Lands Tenements Hereditaments and Premisses so to them limited for raising of Portions as aforesaid with their and every of their Appâ—rtenances levy and pay or cause to be levyed and paid to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Thirty pounds per Annum and if there be two or more Daughters the sum of Twenty pounds per Annum a piece until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years or shall be marryed and her or their Portions paid as aforesaid 14. Provided always and it is the true If the Feoffor c. die without Daughters the Estate limited to be void intent and meaning of all and every the parties to these presents 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 after born alive That then the Estate and Estates so limited as aforesaid to the said C. D. E. F. and G. H. for years as aforesaid shall cease determine and be utterly void 15. Provided also that from and immediately After Portions paid the Estate limited to be void after such time as the said C. D. E. F. and G. H. and the Executors or Administrators of the survivor of them shall or might have limited and raised the said several Portions and present maintenance for such Daughter or Daughters as aforesaid That then the said Estate for years limited in trust as aforesaid to them the said C. D. E. F. and G. H. shall cease dètermine and be utterly void And the said Messuages Lands Tenements and Premisses so to them limited in trust as aforesaid shall immediately go and be to such person and persons to whom the Reversion or remainder of the said Messuages Lands and Premisses shall belong and appertain 16. This Indenture c. Between A. B. An Estate limited to Daughters to cease upon payment of their Portions by the Heir male The Uses of the first part C. D. E. F. and G. H. on the second part and C. B. Son and Heir apparent of the said A. B. and D. B. Wife of the said C. B. on the third part Let there be a Fine Covenanted to be acknowledged or other Conveyance whereupon a use may be raised Covenanted to be made to C. D. E. F. and G. H. To the use of the said C. B. for and during the Term of his natural life and from and after his decease to the use of E. B. his Wife for and during the Term of her natural life for her Ioynture c. And from and after the decease of the said C. B. and E. his Wife to the use and behoof of the Heirs males of the body of the said C. B. on the body of the said E. lawfully begotten and to be begotten and in default of such Issue to the use and behoof of the Heirs females of the body of the said C. B. on the body of the said E. lawfully begotten and 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 17. Provided alwayes That in case the The Proviso said C. B. shall happen to depart this life without Issue male of his body lawfully begotten on the body of the said E. B. If then the said A. B. or any Heir male of his body shall pay or cause to be paid unto the Daughter or Daughters of the said C. B. on the body of the said E. begotten these several sums following that is to say unto such Daughter of the said C. B. in case he shall have but one the full sum of One thousand two hundred pounds of good and lawful money of England and in case he shall have more Daughters then one by the said E. then living the sum of Two thousand pounds of like lawful moneys among and between them equally to be divided the said payment and payments to be made at their respective Ages of eighteen years or Marriage which of them shall fiâ—st happen at or in c. Or if the said A. B. or any Heir male of his body shall at any time or times by such Security as the said C. D. E. F. and G. H. or the survivors or survivor of them shall direct in writing under their hands or the hand or hands of the survivors or survivor of them sufficiently secure the payment of the said sums in manner aforesaid That then and from thenceforth the Estate The Cessar of the Use to the Daughters Vse and Limitation of the Premisses to the Heirs females of the said C B. on the body of the said E. begotten and to be begotten shall cease and determine and the said Fine and Fines shall be and enure And the said Cognizees and their Heirs shall stand and be seised of all and singular the Premisses from and after the decease of the said C. B. and E. B. and payment made or Security given as aforesaid to the use and behoof of the Heirs males of the body of the said A. B. and for
said sum and sums after the Rate of Six pounds per Centum for every year that the same shall be unpaid to be accounted from the end of the four years before-mentioned for payment thereof for the forbearance of the said sum and sums or such part thereof as shall be unpaid as aforesaid And it is likewise meant intended and agreed that after the said sum and sums of Mony with Interest for the forbearance thereof shall be truly paid to the said younger Sons and Daughters they the said C. D. E. F. and G. H. their Executors Administrators and Assigns shall yeild and After the Portions paid to yeild up their interest c. deliver up the Premisses and all their Estate and Interest therein to such Person and Persons to whom the same next and immediately after the expiration of the said Term by the true intent and meaning of these presents shall appertain pursuant to the Trust in them and every of them herein and hereby reposed 21. Provided always and it is concluded Another to pay Portions by power given to grant Annuity or Rent-Charge and agreed by and between all the said parties to these presents That it shall and may be lawful to and for the said A. B. at any time during the term of his natural life by his Deed in Writing under his Hand and Seal duly executed to give grant limit and appoint unto such person or persons as shall to him seem meet and his and their Heirs one Annuity or yearly Rent of Four hundred pounds per annum to be issuing and going out of all and every the Mannor Messuages Lands and Tenements before mentioned with a Clause of Distress for the same or any part thereof when and so often as the same shall be unpaid upon all or any the said Mannor Messuages and Lands in such Writing or Deed to be contained Habendum the said Annuity or yearly Rent-Charge of Four hundred pounds unto the said person or persons and his and their heirs until such time as the sum and sums of money hereafter mentioned shall or may therewith be paid and fully satisfied under and upon such limitations trusts and confidences as hereafter in these presents are contained and expressed the same yearly Rent to be paid at the Feasts of the Annunciation of St. Mary the Blessed Virgin and of St. Michael the Archangel by even and equal Portions and the first Payment thereof to begin at such of the said Feasts as shall happen next after the The trust decease of the said A. B. upon special trust and confidence nevertheless That the said person or persons to whom the said yearly Rent shall be granted as aforesaid and his and their Heirs shall out of and with such sum and sums of money as shall and may be received and had thereof content and pay or cause to be contented and paid as well to the Daughter and Daughters of the said A. B. upon the body of the said E. his Wife lawfully begotten or to be begotten which shall be living at the To pay to the Daughters 300 l. a piece time of the decease of the said A. B. and not then married the full sum of Three hundred pounds a piece for and towards their advancement and preferment in Marriage or otherwise As also to such of the said Daughters of the said A. B. as shall be married in his life-time and whose Marriage-money not exceeding the sum of Three hundred pounds agreed upon by him in his life-time shall be unpaid in part or in the whole at the time of his decease such sum and sums of money as together with such part of the said Marriage-money which shall be paid in the life-time of the said A. B. if any be shall extend to be for every such Daughter Three hundred pounds a piece in the whole the same to be first paid and discharged according to such Covenants Bonds and Agreements as shall be made or entred into by the said A. B. in that behalf And then the other sums aforesaid How to be paid to be levied and paid to every other of the said Daughters successively according to the order and priority of their age and birth And it is further concluded and agreed by and between the said Parties to these presents That The parties to stand seised to the end thâ— Grantee may have or distrain for the Rent the said Conveyances and Assurances to be made and executed as aforesaid shall be and inure And the said C. D. E. F. and G. H. and their Heirs shall stand and be seised of all and every the Mannor Messuages Lands and Premisses before mentioned so to be charged to the end intent and purpose That every such person and persons to whom any such Rent shall be granted limited and appointed according to the true intent and meaning of these presents his and their Heirs and Assigns shall and may from time to time have perceive and enjoy the said Rent according to the purport and effect of such Grant limitation or appointment and may from time to time for non-payment of the said Rent or any part thereof enter into and upon the said Mannor Lands and Tenements so to be charged and distrain for the same and the Arrerages thereof as in case of a Rent-Charge and according to the effect and intent of such Grant Limitation or Appointment CHAP. X. Provision taken for Payment of Debts Legacies c. in the limitation of Vses 1. AS for touching and concerning the said Payment of Debts Legacies c. Messuages Lands Hereditaments and Premisses not herein before limited to the use of the said E. B. wife of A. B. for her Ioynture being parcel of the said Messuages Lands and Tenements comprised in the said Fine to the use and behoof of the said C. D. E. F. and G. H. the Cognizees for and during the Term of one and forty years to commence immediately from and after the decease of the said A. B. upon trust and confidence and to the end intent and purpose that the said C. D. E. F. and Term of 41 years limited upon Trust G. H. their Executors Administrators and Assigns shall and may receive perceive dispose and imploy the Rents Revenues Issues and Profits of the said Messuages Lands Tenements and Premisses respectively for and during the said Term of one and forty years for and towards the satisfaction and payment of all such Debts and sums of Mony which the said A. B. To pay Debts and discharge Sureties Payment of Annuities given to Servants shall happen to owe at the time of his Death or for which any Person or Persons shall at the time of the death of the said A. B. stand ingaged for or with the said A. B. and for his proper Debt and for the payment of such Annuity or Annuities as the said A. B. hath granted or shall hereafter grant or limit to be issuing or going out of
the said Messuages Lands Tenements and Hereditaments or any of them after that all and every the said Debts shall be fully satisfied â—o any Person or Persons which is are have been or hereafter shall be the Servant or Servants of the said A. B. for and in respect of their Service or Services done or to be done to the said A. B. And also for and towards the payment of such Legacy and Legacies and sums of Mony which the said A. B. shall by his last Will and Testament in writing to be signed sealed and published before three or more sufficient Witnesses give limit ordain and appoint And upon further Trust and confidence After Debts c. paid to surrender the Estate that they the said C. D. E. F. and G. H. their Executors Administrators and Assigns after all and every the said Debts Ingagements Annuities and Legacies shall be payed and satisfied according to the intent and true meaning of thâ—se presents shall and will surrender and yeild up their said Estate and Interest of and in the Premisses so to them limited as aforesaid and of and in every part and parcel thereof to such Person or Persons to whom the Freehold or Inhâ—ritance of the said Premisses shall next and immediately appertain by the purport and true meaning of these presents And from and after the end expâ—ration surrender or other After expiration or surrender to the use of such as by last Will shall be appointed determination of the said Lease of One and forty years The said Fine shall be and inure and the said Cognizees shall stand and be seized of and in the said last mentioned Premisses to the use and behoof of such Person and Persons and for such Estate and Estates and for such part and parcel as the said A. B. shall by his last Wâ—â—l and Testament in writing in the presence of three or more credible Witnesses â—imit appoint and declare c. 2. To the Vse of the said A. B. and his Another by a use limited to make Sale Vide also Sect. 3 hereafter following which gives direction for disposal of the mean profits until Sale Assigns 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. then to the use of the said C. D. E. F. and G. H. the Cognizees their Heirs and Assigns for ever In trust and for and to this end intent and purpose that they the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Heirs shall and may bargain sell convey or otherwise dispose of the same for and towards the payment a For payment of debts satisfaction and discharge of such Debts and sums of Mony as the said A. B. now or shall at the time of his death owe to any Person or Persons whatsoever And for the discharging b Discharge of Sureties of such Person and Persons as do now stand or which at the time of the death of the said A. B. shall stand bound or ingaged for or with the said A. B. for the said Debts or sums of Mony or any of them And also for the satisfaction c Discharge of Moneys borrowed upon Security of Annuities granted payment and discharge of all such sum and sums of Mony which the said A. B. hath or hereafter shall take up borrow or receive and for or in consideration whereof he hath heretofore granted or hereafter shall grant any Annuity or Annuities or Rent or Rents charge issuing or to be issuing or payable out of the said Mannors Lands Tenements Hereditaments and Premisses or any of them whereby the said Rent or Rents shall or may be determined And also for and towards the payment and d Discharge of Legacies discharge of the Legacies and Bequests which the said A. B. by his last Will and Testament in writing to be sealed subscribed and published by him before three sufficient Witnesses shall give or bâ—queath to any Person or Persons or to any Vse or Vses or so much of such sum and sums Debts and Legacies as the value of the said Mannors Lands and Tenements to be sold as aforesaid shall amount unto And if that any overplus shall be of Moneys made or raised by To pay back the Overplus sale of the said Mannors Lands and Tenements and Hereditaments more then shall be or will be sufficient to satisfie and discharge all the said Debts sums of Mony Legacies and Bequests That then the said C. D. E F. and G. H. their Heirs Executors or Administrators shall and will pay and deliver the same overplus which shall remain of the Sale or Value of the said Mannors Lands Tenements and Hereditaments unto the Executors or Administrators of the said A. B. And further upon this Trust and confidence That if such Person or Persons that If next Heir discharge or give Security to pay the Debts Legacies c. the Trustees are to convey back to him shall be next Heir at Law unto the said A. B. shall within one year next after the death of the said A. B. well and truly satisfie pay and discharge all the aforesaid Debts sums of Mony and Legacies and Bequests which by the true intent and meaning of these presents are limited intended or expressed to be paid for out of or in respect of the said Mannors Lands Tenements Hereditaments and Premisses or shall give or make to the said C. D. E. F. and G. H. or the Survivors or Survivor of them good and sufficient Security for the payment of all and every the said Debts sum and sums of Mony Legacies and Bequests which by the true intent and meaning of these presents are before expreâ—t to be paid That then the said C. D. E. F. and G. H. and their Heirs and the Survivors and Survivor of them his and their Heirs and Assigns shall and will at the Cost and charges in the Law of such Person or Persons as shall be next Heir at Law unto the said A. B. convey and assure the said Mannors Messuages Lands Tenements Hereditaments and Premisses to the said Person or Persons his and their Heirs or Assigns by such good and sufficient Conveyance and Assurance in the Law with several respective Warranties onely bâ— every of them the said C. D. E. F. and G. H. severally and respectively against themselves and their several and respective Heirs as by such Person or Persons his or their Heirs or Assigns or his or their Councel learned in the Law shall be reasonably devised advised and required 3. And as for touching and concerning the Another to make Sale c. said Mannors Lordships Messuages Lands Tenements and Hereditaments with their and every of their Appurtenances in the said County of M. to the use and behoof of the said C. D. E. F. and G. H. the Cognizees c. and of their Heirs and
the said C. B. in lieu and recompence of such Lands Tenements and Hereditaments in D. aforesaid as are before in and by these presents intended or agreed to be conveyed and assured unto the said E. B. for and during the Term of her natural life in such manner and form as is aforesaid That then the said Estate The alteration of the use for life hereby limited and appointed to or for the said E. B. of in and to the said Lands Tenements and Hereditaments and all and singular other the Premisses in D. aforesaid shall cease determine and be utterly void frustrate and of none effect And that then and from thenceforth the said Recovery and Recoveries c. shall be and shall be adjudged deemed and taken to be and the said Recoverors c. and every of them their and every of their Heirs shall and will stand and be seized and be adjudged deemed and taken to stand and be seized from and after the decease of the said C. B. of and in such and so much of the said Lands and Tenements and other the Premisses in D. aforesaid as is limited and appointed before in and by these presents to or for the use of the said E. B. for term of her life as aforesaid to the only use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said C. B. on the Body of the said E. B. lawfully begotten and to be begotten and for default of such Issue then to such further use and uses behoofs intents and purposes as be thereof before in or by these presents expressed and declared and to none other use or uses intents or purposes whatsoever Any thing before in these presents contained to the contrary thereof in any wise notwithstanding 3. This Indenture c. Between A. B. To alter the Use upon non-payment of an Annuity or Rent vide Chap. 9. of the first part C. D. and E. F. of the second part and G. H. of the third part Let there be first a Covenant from A. B. to leâ—y a Fine sur cognizance de droit come ceo c. of all that Mannor c. to C. D. and E. F. Then add And it is Covenanted agreed condescended unto and declared by and between all the said parties to these presents That the said Fine so to be acknowledged and levied as aforesaid shall be and inâ—re and the said C. D. and E. F. their Heirs and Assigns and the survivor of them and his Heirs and Assigns shall stand and be seised of the said Mannor c. 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 peaceably have perceive and take out of the said Mannor c. and all other the Premisses one yearly Rent of Two hundred pounds per annum of lawful moneys of England at two usual dayes or Feasts in the year that is to say the Feasts of c. with a Clause of Distress c. vide Chap. 8. Sect. 5. 4. And further That if it shall happen Upon non-payment to enter the said yearly Rent of Two hundred pounds or any part thereof to be behind or unpaid by the space of Thirty days next after either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid being lawfully demanded That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns into the said Mannor c. and Premisses and every part and parcel thereof to enter and the same to have hold and enjoy for and during the term of his natural life And that immediately from and after such Entry made the said C. D. and E. F. the Feoffees or Cognizees their Heirs and Assigns and all other person and persons whatsoever Cognizees after Entry to stand seised to Grantees use Another which now are or at the time of such default made shall be seised of and in the said Mannor c. shall stand and be seised thereof and of every part and parcel thereof to the use and behoof of the said G. H. and his Assigns for and during the term of his natural life c. with remainders over c. 5. And that if it shall happen the said yearly Rent of c. to be behind or unpaid in part or in all by the space of Thirty days next after either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid being lawfully demanded That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns into the said Mannor c. and every part and parcel thereof to enter and the same to have holâ— and enjoy until he shall out of the Rents issues and profits thereof have levied and received the said Annuity of c. and all and every the arrears The party to have the Land until satisfied of the Rent and Arrearâ— thereof together with such reasonable costs charges and expences as the said G. H. or his Assigns shall be at in the levying and receiving of the same And that then and from thenceforth after such default and Entry made as aforesaid the said C. D. and E. F. the Cognizees and their Heirs shall stand and be seised of the said Premisses and of every part and parcel thereof to the use and behoof of the said G. H. and his Assigns for during and until such time as the said G. H. or hâ—s Assigns shall and may lawfully hold and enjoy the Premisses according to the intent and true meaning of these presents c. 6. Provided alwayes That if the said Another to make void and alter a Use upon Marrâ—age without Fathers consent C. B. or any of the Sons of the said A. B. lawfully begotten or to be begotten which shall fortune to be Heir apparent of the said A. B. shall in the life-time of the said A. B. marry or take to Wife any Woman or contract Marriage with any Woman without the consent of the said A. B. first had and obtained in Writing thereunto That then the Estate Vse remainder and possession of every such person and persons so marrying or contracting shall cease determine and be void And that yet nevertheless all other the several Vses Estates and Remainders by these presents limited and expressed of and for the said Mannors c. shall stand remain and continue in full force and effect And the said Fine so to be had and levied as aforesaid shall be und inâ—re and the said Cognizees therein to be named and the survivor of them and his Heirs shall stand and be seised of the said Mannor c. in the said Fine to be contained to the use and behoof of such other person
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.
his Heirs and Assigns and all and every other Person and Persons that shall stand and be seized of the said Messuages Lands Hereditaments and Premisses or of any part or parcel thereof shall stand and be seized thereof from and after such default of payment made as aforesaid to the use and behoof of the said A. B. his Heirs and Assigns for ever and not to any other use or uses intents or purposes whatsoever 13. Provided always and it is Covenanted Another being a provision for a youngeâ— Son granted condescended concluded and fully agreed by and between all the said Parties to these presents and the true intent and meaning of them and every of them and of these presents is That if the said C. D. the Elder Brother or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannor of D. in the said County of M. and the Lands Tenements and Hereditaments thereunto belonging or any of them their or some or one of their Heirs or Assigns or some or any of them shall not within two years next after the decease of the said A. B. well and truly pay or cause to be paid unto E. B. one of the Sons of the said A. B. if he the said E. B shall be then living the suâ— of Two thousand pounds of lawful Moneys of England That then and immediately after such default of payment all and every the Vse and Vses herein before limited and declared as for and concerning all the said Mannâ—r of D. and the Lands Tenements and Herâ—ditaments thereunto belonging shall cease and be vaid And then and from thenceforth 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 and Recoverors therein named his and their Heirs shall stand and be seized of and in the said Mannor and Premisses in the said County of M. to the use and behoof of the said E. B. his Heirs and Assigns for ever 14. Make an Indenture Tripartite between Another â—o alter a use upon payment of a sum in gross A. B. and E. his wife of the first part C. D. and E. F. of the second part and G H. of the third part and let A. B. for himself and E. B. his wife Covenant to levy a Fine to C. D. and E. F. of all those Mannors c. Then add And it is Covenanted granted concluded and agreed by and between all and every the said Parties to these presents for them and every of them their and every of their Heirs and Assigns That the said Fine so to be acknowledged and levyed as aforesaid of the said Mannoâ—s Lands Tenements Hereditaments and Premisses and the Execution thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and of the Heirs of such of them to whom the Inheritance of and in the Premisses shall be limited in and by the said intended Fine shall be and for ever shall be adjudged and taken to be And also that they the said C. D. and E. F. and the Heirs of such of them to whom the Inheritance of the said Premisses shall be limited in and by the said inten 〈…〉 ine shall stand and be seized of and in all anâ— singular the said Mannors Lands Tenements Hereditaments and Premisses and of every part thereof with Th' appurtenances to and for the uses intents and purposes hereafter in these presents mentioned that is to say To the use and behoof of the said G. H. his Heirs and Assigns for The use of the Fine ever under the Proviso Condition and Agreement hereafter in these presents mentioned and contained 15. Provided always and upon Condition Proviso to make void the use upon payment of Money That if the said A. B. his Heirs Executors or Administrators or any of them shall and do well and truly satisfie and pay or cause to be well and truly satisfied and payed unto the said G. H. his Heirs Executors Administrators or Assigns the full sum of One thousand pounds of lawful Moneys of England at or in the Middle-Temple-Hall London in manner and form following viz The sum of Five hundred pounds thereof on the c. That then and from thenceforth the said Vse and Estate of the said G. H. and of his Heirs and Assigns of and in all and every the said Mannors c. shall forthwith cease and be utterly frustrate and void And also that immediately from and after the said sum of One thousand The new use limited after payment pounds shall be fully satisfied and paid as aforesaid the said Fine so intended to be had and levyed as aforesaid and the Estate thereby in any wise to be had or made shall be and for ever shall be taken to be of and in all and every the said Mannors Lands Tenements Hereditaments â—nd Premisses to the use and behoof of the said A. B. and E. his wife for and during their natural lives and for and during the natural life of the longer liver of them and from and after their deceases then to the use and behoof of the Heirs Males of the Body of the said A. B. upon the 〈◊〉 of the said E. B. lawfully begotten and 〈◊〉 default of such Issue to the use To alter an Use upon a Portion given in Marriage paid back if the Marriage take not effect c. 16. To the use of G. H. and his Heirs until the said sum of Five hundred pounds paid by the said G. H. unto the said A. B. as the Marriage Portion of the said E. H. in case the said intended Marriage between the said C. B. the Son of A. B. and the said E. H. shall not take effect before the Feast of c. next ensuing the Date hereof be repayed by the said A. B his Heirs Exâ—â—â—tors or Administrators unto the said G. H. his Executors or Administrators But in case the said Marriage shall take effect Then from and after the said intermarriage had and solemnized the said Fine so to be had and levyed as aforesaid shall be and enure and shall be deemed construed and taken to be and enure to the use and behoof of the said C. B. for and during the term of his natural life and from and after the decease of the said C. B. to the use and behoof of the said E. for and during the term of her natural life And from and after the decease of the said C. B. and E. F. and the Survivor of them To the use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said E. lawfully to be begotten c. And in case the said Marriage shall not take effect before the said Feast of c. That then immediately from and after the said repayment of the said Marriage Portion to be made as aforesaid
the said Fine to be had and levyed as aforesaid shall be and enure and shall be deemed construed reputed and taken to be and enure to the use and behoof of the said A. B. his Heirs and Assigns for evermore CHAP. XII Power given to Revoke Vses and to limit New 1. PRovided always that if the said A. B. Power to revoke by Deed attested by two or more Witnesses shall at any Time during his natural life intend or be minded to alter change repeal revoke or make void all the said Estates Vses Remainders and Limitations before in these presents mentioned or any of them of and in the Premisses or any part or parcel thereof And shall by any Deed or Deeds in writing under his Hand and Seal to be attested by two or more credible Witnesses subscribing their Names thereunto signifie and declare that his mind and intent is to alter change repeal revoke or make void the said Estates Vses Remainders and Limitations or any of them That then and at all times from and after such Deed or Deeds shall be so signed sealed and attested as aforesaid All and every the said Vses Estates Remainders and Limitations before in these presents specified and declared or such or so many of them as shall be mentioned in the said Writing oâ— Writings of Revocation to be repealed revoked or made void of or in the said Premisses or any part thereof shall from thenceforth cease determine and be repealed revoked and utterly void for ever And that Cognizees c. to stand seized to other uses then and from thenceforth the said C. D. E. F. c. and the Survivors and Survivor of them his and their Heirs and all and every other Person and Persons whatsoever which shall be then seized of the said Premisses with Th' appurtenances or of any part or parcel thereof shall stand and be seized thereof or of so much thereof as shall be mentioned and contained in the said Writing or Writings of Revocation to be therein and thereby revoked repealed and made void as aforesaid to the onely use and behoof of him the said A. B. his Heirs and Assigns for ever or to such other use or uses intents and purposes as in and by the said Deed or Deeds Writing or Writings of Revocation shall be limited declared and appointed and to none other use intent or purpose whatsoever any thing before specified to the contrary thereof in any wise notwithstanding 2. Provided always and it is fully agreed by and between all the said Parties to these presents To revoke and limit new Uses by Deed or last Will. That it shall and may be lawful to and for the said A. B. at any time or times hereafter during his life at his free will and pleasure by his Deed or last Will and Testament in writing by him to be Sealed and Published in the presence of three credible Witnesses at the least to alter change determine revoke or make void all or any the Vse or Vses Estate or Estates in these presents before declared mentioned or limited of the Premisses or any part thereof And that at all times from and after such time as the said A. B. shall by any such his Deed or last Will in Writing so express and declare his pleasure and mind to be to alter change determine revoke or make void all or any the Vse or Vses Estate or Estates in these presents before declared mentioned or limited of the said Premissâ—s or any part thereof That then and from thenceforth all or such of the said Estate and Estates Vse and Vses herein before declared as shall be so declared and mentioned by such Deed or last Will of the said A. B. to be altered changed determined or made void shâ—lâ— cease determine and be void And that then and from thenceforth the said Fine or â—ines and the said Cognizees therein to 〈◊〉 named and all other Person and Persons which shall then happen to be seized of New Uses the Premisses or any part or parcel thereof of which the Vse or Vses shall be so altered changed revoked determined or made void shall thereof stand and be seized to the use of such Person and Persons and of such Estate and Estates and in such manner and form as in and by such Deed or last Will of the said A. B. Sealed Published and Attested as aforesaid shall be declared and expressed and for want of such declaration to the use and behoof of the said A. B. his Heirs and Assigns for ever 3. Provided always nevertheless and it is Another where the Uses were raised by a Covenant to stand seized Covenanted concluded and fully agreed by and between all the said Parties to these presents That if the said A. B. shall be mindful at any Time hereafter to alter or revoke the said Vses or any of them and the Estate or Estates that shall or may be vested or setled by vertue force or reason of these presents and of the Statute of transferring Vses into possession It shall and may be lawful to and for the said A. B. at all times at his own will and pleasure during his natural life in or by his Deed in writing to be testified by two or more credible Witnesses or by the last Will and Testament of him the said A. B. to be testified as aforesaid to revoke alter change determine annul make void and frustrate all or any of the said Vses or Estates in these presents before mentioned of all or any part or parcel of the said Mannor c. And also by his said Deed in writing or by his last Will in writing to be testified as aforesaid to limit declare and appoint the Vses of the said Mannor Lands and Premisses or of any of them or of any part or parts of them to any of the Persons before-named or to any other Person or Persons whatsoever And that upon such new Declaration Limitation and Appointment of any new or other Vse or Vses Estate or Estates of or in the Premisses or any part or parcel thereof as aforesaid The Vse and Vses Estate and Estates of such or so much of the Premisses whereof any such new Declaration Limitation and appointment shall be so had and made shall be and the said A. B. his Heirs and Assigns and all and every other person and persons and his and their Heirs and Assigns which at any time hereafter shall stand and be seised of such and so much of the Premisses whereof any such new Declaration Limitation and appointment shall be so had and made shall stand and be seised thereof to the use of such person and persons and of such Estate and Estates as shall be mentioned and expressed in the said Deed or last Will any thing in these presents contained to the contrary hereof in any wise notwithstanding 4. Provided always and the true intent Another and meaning of these presents and of all the parties
hereunto is That it shall and may be lawful to and for the said A. B. and the said A. B. shall have full power at all times hereafter and from time to time during his life at his free will and pleasure by any his Deed or Deeds Writing or Writings or by his last Will and Testament in writing by him to be seal'd and subscribed in the presence of Two or more credible Witnesses to alter change diminish enlarge revoke determine or make void all and every or any the Vse and Vses Estate and Estates before in and by these presents limited expressed mentioned declared or appointed to any person or persons of or in the said Premisses or any part or parcel thereof and to declare create limit or appoint any other Vse or Vses Estate or Estates to any of the person or persons aforesaid or to any other person or persons whatsoever in such sort manner and form and for such Estate or Estates term terms as the said A. B. shall think meet and convenient And that at all times and from time to â—â—me immediately from and after such alteration change diminution inlargement revocation or determination of the said Vse or Vses Estate or Estates and Creation Declaration Limitation or Appointment of any other Vse or Vses Estate or Estates The said Fine or Fines and Recovery or Recoveries and all and every other Conveyance and Conveyances Assurance and Assurances in the Law whatsoever heretofore had or made or at any time hereafter to be had or made of the said Mannor c. or of any part thereof according to the intent and true meaning of these presents shall be and enure and shall be construed deemed adjudged and taken to be and enure And the said Cognizee or Cognizees of the said Fine or Fines and Recoveror or Recoverors in the said Recovery or Recoveries and the Survivors and Survivor of them their and every of their Heirs and the Heirs of the Survivor of them shall immediately from thenceforth stand and be seized of and in the Premisses or of or in such part thereof whereof any such Declaration Creation Limitation or Appointment of other Vse or Vses Estate or Estates Term or Terms shall be made as is aforesaid to and for such Vse and Vses Estate and Estates intents and purposes and of such Person and Persons and in sucâ—â—ort manner and form as the said A. B. in or bâ— such Deed or Deeds Writing or Writings or bâ— his last Will and Testament in writing by him Sealed and subscribed and testified as aforesaid shall from time to time Create declare limit express or appoint and to none other use intent or purpose whatsoever These presents or any thing therein contained to the contrary thereof in any wise notwithstanding 5. Provided alwayes and it is further Another giving power to revoke Uses with exception of Leases c. hereby Covenanted granted condescended agreed published and declared by and between all and every of the aforesaid parties That the true intent and meaning as well of the aforesaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents was and is that it should and might be and shall and may be lawful to and for the said A. B. from time to time and at all times during his life by his Writing or Writings by him to be signed or sealed in the presence of Three Witnesses of credit or more to signifie or declare that his will and pleasure is That all or any of the Vse or Vses Estate or Estates in possession Reversion or remainder limited appointed raised created or implied in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and Premisses or any of them or for touching or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said Vse and Vses Estate and Estates in possession Reversion or remainder so signified or declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the intent and true meaning of the said A. B. so as aforesaid to be signified and declared other then such Lease or Exception vide Apres Sect. 9. Leases Estate or Estates or Charges which he the said A. B. shall make lay or charge of or upon any of the Premisses for satisfying of Debts or for valuable consideration in money or otherwise by force of the aforesaid Proviso in these presents before expressed And also that Raising new Uses then and from thence forth at all time and times after such signification or significations Declaration or Declarations so to be made it shall and may be lawful to and for the said A. B. at any time or times during his life so often as he shall think good by any other his Writing by him to be signed sealed and testified as aforesaid to limit create appoint and declare of for and concerning the said Mannors Lands Tenements Hereditaments and Premisses or any of them any new or other Vse or Vses to the person or persons aforesaid or to any other person or persons whatsoever and that then and from and after such new Limitation the said Recovery and Fine respectively shall be and inure And New Uses the said Recoverors in the said Recovery and Cognizees of the said Fine and their Heirs and all and every person and persons who then shall be and stand seised of and in the Premisses or any part thereof whereof such new Vse or Vses shall be declared created raised limited or appointed and his and their Heirs shall respectively stand and be seised of the same Premisses or such part thereof whereof such new Vse or Vses shall be declared limited or appointed to such use and uses of such person and persons to whom such other or new Estate or Estates Vse or Vses shall be newly declared created raised limited or appointed and for such Estate and Estates and in such manner and form and by and under such Limitations Conditions and Provisoes as shall be so newly appointed expressed or declared And for want of such Declaration or new Limitation so to be made after any such Revocation Then the said Recovery and Fine touching such of the Premisses whereof no such Declaration Limitation or appointment of Vse shall be made shall be and inure to the only use and behoof of the said A. B. his Heirs and Assigns for ever any thing herein before contained to the contrary thereof notwithstanding But it is and always was the intent of all the parties to these presents That no Revocation or new Limitation should or shall any way frustrate or make void any Lease Estate Rent or Charge made granted or charged or No Revocation or new Limitation to prejudice Leases
c. to be made granted or charged of or upon the Premisses or any part or parcel thereof by the said A. B. for valuable consideration or otherwise by vertue or force of any former Proviso in these presents expressed but that the same and every of them shall stand good according to the purport and true meaning of them and every of them notwithstanding any such Revocation or new Limitation hereafter to be made 6. Provided always and it is hereby explained Power of Revocâ—tion of uses as to particular persons and limiting new and declared to be the true intent and meaning of these presents and of all the parties to the same That it shall and may be lawful to and for the said A. B. and E. his Wife at any time during the Coverture between them by any Writing or Writings Indented to be by them signed and sealed in the presence of Three or more credible Witnesses who shall thereunto subsscribe or indorse their Names or Marks testifying the same to alter change Revoke determine diminish or enlarge all or any the Vse or Vses herein before limited touching or concerning the said Messuage Lands and Premisses herein before limited to the said A. B. and E. his Wife for their lives or any part or parcel thereof And by the same Writing or Writings or by any other Writing or Writings Indented so signed sealed and testified as aforesaid to limit or appoint any other Vse or Vses of the same last mentioned Messuage Lands and Premisses or any part or parcel thereof to the said person or persons or to any other person or persons and of such Estate and Estates as to them shall â—eem meet And in case any such new Limitation or appointment of Vses shall be made That then the said Fine so to be levied shall be and inure and shall be deemed adjudged construed and expounded to be and inure as touching the said Messuage Lands and Premisses last before mentioned and every or any part thereof whereof such new Vse or Vses shall be limited or declared as aforesaid to and for such new Vse and Vses as in and by such Writing or Writings so to be signed sealed and testified as aforesaid shall be expressed limited and declared 7. Provided alwayes and it is the true Another as to particular persons intent and meaning of these presents and of all the parties hereunto That if the said A. B. shall at any time hereafter during his natural life be minded or willing to revoke and make frustrate and void the Vse and Vses limited as aforesaid to the said C. B. and D. B. and their Heirs respectively or to limit raise or appoint any other Vse or Vses for or concerning the Premisses to them herein before limited or any part or parcel thereof And the same his will and meaning shall declare in writing under his Hand and Seal in the presence of Two or more credible Witnesses That then and immediately after such Declaration had and made the said Vse and Vses hereby limited to the said C. B. and D. B. and their Heirs of for and concerning the said Premisses or so much thereof whereof the said A. B. shall make such Declaration shall cease determine and be utterly void And that then and at all times after the said Fine shall be and inure and the said C. D. E. F. and G. H. the Cognizees and their Heirs and Assigns shall stand and be seised of the same Premisses whereof such Declaration shall be made to such other Vse and Vses as the said A. B. either by the same or by any other Writing under his Hand and Seal to be testified as aforesaid at any time during his life shall nominate and appoint 8. Provided alwayes c. That it shall Another whereby power is given to revoke and limit new Uses with consent of Cognizees Fâ— offâ—â—s c. and may be lawful to and for the said A. B. at any time or times during his natural life by his Deed or Deeds Indented to be by him seal'd and delivered in the presence of c. by and with the consent and approbation of the said C. D. E. F. and G. H. or of the survivors or survivor of them his or their Heirs and Assigns testified in writing under his and their Hands and Seals to alter change determine or make void all or any the Estate or Estates Vse or Vses before by these presents limited and appointed except only the Vses hereby before limited and appointed to or for the Ioynture of the said E. B. as aforesaid And that from and after such alteration change Revocation determination or making void thereof or of any part thereof these presents and all other Assurances of the Premisses whatsoever shall be and enure and shall be adjudged deemed construed and taken to be and enure And the said C. D. E. F. and G. H. and their Heirs and Assigns and the Heirs and Assigns of the survivor and survivors of them shall stand and be seised of all and singular the Premisses except before excepted Exception or so much thereof whereof such alteration change Revocation determination or making void shall be had and made as aforesaid to such other use and uses and to the use of such person and persons and for such Estate and Estates and in such sort manner and form as the said A. B. by any such Deed or Deeds Indented seal'd and executed in the presence of c. by and with such consent and approbation as is aforesaid shall declare limit and appoint And from and after such Revocation in default of such Declaration limitation and appointment then to the use and behoof of the said A. B. his Heirs and Assigns for ever 9. Provided always c. That the said A. B. Another with a Clause to preserve Leases shall and lawfully may at any time during his natural life with the licence and assent of the said c. or his Heirs under his or their Hand or Seal or Hands and Seals first had and obtained in writing by the Deed or Deeds of him the said A. B. duly executed in the presence of c. to alter change repeal or revoke the Vses or Limitations before-mentioned or any of them and by the same or afterwards by any other Deed or Deeds to be testified as aforesaid to limit or appoint such part of the said Mannors c. whereof such licence shall be had and procured to be to such Vse or Vses for such Estate or Estates and for such Person or Persons and his or their Heirs as the said A. B. shall by such Deed or Deeds declare limit or appoint And it is agreed by and between the said Parties to these presents That the said Conveyances herein before Covenanted to be had or made as aforesaid shall be and inure and the said Feoffeâ—s and their Heirs after such Licence had and obtained as aforesaid and such Declaration Limitation and Appointment had and
made shall stand and be seized of the Premisses or such part thereof whereof such Declaration Limitation and Appointment shall be made to such uses and intents of such Estate and Estates for such Pâ—rson and Persons and in such manner and form as by the said A. B. shall be declared limited and appointed in manner and form aforesaid Provided nevertheless that the said signification or declaration Proviso to presâ—ve Leases or any thing herein before expressed touching or concerning the altering changing repealing or revoking of the said Vses or any of them shall not extend to any Demise or Demises according to the intent and true meaning of these presents to be made of the Premisses whereof such signification or declaration shall be made as aforesaid or any part or parcel thereof but that notwithstanding any such declaration or signification all and every the said Demise and Demises Lease and Leases in manner and form aforesaid to be made shall stand remain and continue in full force and effect according to the intent and true meaning of such Lease or Leases Demise or Demises any thing herein before contained to the contrary hereof in any wise notwithstanding 10. Provided always and it is concluded Another as to one particular Messuage and agreed by and between the said Parties and the true intent and meaning of them and every of them and of these presents is That it shall and may be lawfâ—l to and for the said A. B. from time to time and at all times hereafter during the term of his natural life by any his Deed or Deeds Writing or Writings to be by him the said A. B. signed sealed or delivered in the presence of two or more credible Witnesses to revoke frustrate and make void all or any of the Vse or Vses Estate or Estates or Limitations herein before limited declared or appointed of for or concerning one Messuage or Tenement before mentioned and the Lands thereunto belonging lying in Y. aforesaid in the occupation of the said c. or any part or parcel thereof other then the Vse herein before limited to the said E. B. for term of her life as aforesaid And that then and from thenceforth the Vse and Vses Estate and Estates and Limitations herein before declared limited or appointed of for and concerning the said Messuage or Tenement and Lands or such part thereof for or concerning which any such revocation shall be so had or made other then the said Vse herein before limited to the said E. B. shall cease determine and be utterly revoked frustrate and made void And that then it shall and may be lawful to and for the said A. B. by the same Deed or Deeds or by any other Deed or Deeds to be signed and sealed by the said A. B. and testified as aforesaid to declare limit or appoint any other new Vse or Uses Estate or Estates whatsoever of the said Messunge and Premisses of for or concerning which any such Revocation shall be so made or any part or parcel thereof unto any Person or Persons whatsoever subject nevertheless to the said Use herein before limited to the said E. B. in manner and form aforesaid any thing herein before contained to the contrary thereof in any wise notwithstanding And that then and from thenceforth the said Recovery and Recoveries as to the said Messuage and Lands or such part thereof concerning which any such Revocation and new Declaration shall be made shall be and inure and the said Recoverors and their Heirs shall thereof stand and be seized to such Use and Uses intents and purposes as the said A. B. by any such Deed or Deeds Writing or Writings as aforesaid shall declare limit or appoint CHAP. XIII The forms of Deeds of Revocation and Limitation of New Vses 1. TO all Christian people to whom this A short Deed of Revocation present Writing shall come A. B. of c. sendeth greeting in our Lord God everlasting Know ye that I the said A. B. do by this my present Writing sealed with my seal and subscribed with my Name in the presence of I. K. L M. N. O. three credible Witnesses whose Names are hereunto subscribed revoke determine and make void and frustrate all and every the Uses and Estates mentioned raised created limited and made in and by one Indenture of Feoffment bearing date c. made between me the said A. B. of the one part and C. D. E. F. and G. H. on the other part of and for the Messuage or Tenement and Lands Hereditaments and Premisses with Th' appurtenances in the said Indenture mentioned and of and for every part and parcel thereof And I do by these presents New Use appointed to the Party revoking and his Heirs absolutely limit determine and appoint that all and singular the Feoffees Parties and Persons in the said Indenture mentioned and their Heirs and Assigns shall immediately and from henceforth stand and be seized of the said Messuage Lands Tenements and Hereditaments in the said Indenture mentioned and of and in every part and parcel thereof to the onely use and behoof of me the said A. B. mine Heirs and Assigns for ever in a pure and absolute Estate of Fee-simple In witness whereof I the said A. B. have to this my present Writing put my Hand and Seal and subscribed my Name in the presence of the said I. K. L. M. and N. O. three credible Witnesses whose Names are hereunto subscribed this twentieth Day of May in the twentieth year of the Reign of our Soveraign Lord c. 2. To all Christian People to whom this present Writing shall come I A. B. of c. do Another with recital of the former Deed of uses and power of Revocation send greeting in our Lord God everlasting Whereas by one Indenture bearing Date c. made by me the said A. B. by the name of A. B. of c. Gent. on the one part and C. D. E. F. and G. H. on the other part for the consideration in the said recited Indenture mentioned and set forth I did Covenant promise and grant c. recite the Covenant to levy a Fine which said Fine so to be acknowledged and levyed as aforesaid of all and singular the Mannors Messuages Lands Tenements and Hereditaments before mentioned was in and by the said recited Indenture Covenanted granted concluded and declared to be to such several uses and behoofs and of such Estate and Estates as are particularly in the said Indenture mentioned and set-forth And whereas in the said recited Indenture there is a Proviso contained as followeth that is to say Provided always and it is the true intent and meaning of this present Recital of the Proviso Indenture and of all the Parties hereunto That it shall and may be lawful to and for the said A. B at any time during his life by any Deed or Deeds Writing or Writings or by his last Will and Testament in writing by
seized thereof and of every part and parcel thereof to the use and behoof of me the said A. B. my Heirs and Assigns for ever 4. This Indenture made c. Between Another with a Feoffment added A. B. of the one part and F. G. of the other part Whereas the said A. B. did heretofore by his Indenture bearing Date the c. made between him the said A. B. on the one part and C. D. E. F. and G. H. on the other part Covenant grant and agree to and with the said C. D. E. F. and G. H. their Heirs Executors and Administrators That he the said A. B. and his Heirs in such manner and form as in and by the said recited or mentioned Indenture is Covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the said C. D. E. F. and G. H. and their Heirs and to the Survivor of them and his Heirs All and singular the Mannor of c. with general words to the several uses intents and purposes and under the several Provisoes and Conditions in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose whatsoever The particulars of which said Uses doth more plainly appear in and by the said recited Indenture relation being thereunto had or made In which said recited Indenture there is nevertheless contained and comprised one Proviso or Clause to the tenor or effect hereafter following Provided nevertheless c. reciting the Proviso and power of Revocation word for word Now witnesseth this present Indenture And the said A. B. according to the tenor power or liberty of the said Proviso being fully minded determined and resolved to alter and determine the Estate and Estates limited in Use in or by the said recited or mentioned Indenture unto I. S. of B. Esq and the Heirs Males of his Body and also the Estate and Estates limited in use in or by the said recited Indenture unto I. S. for term of his life without impeachment of Waste and after his decease then to B. S. son of the said I. S. and the Heirs Males of his Body lawfully begotten doth by these presents and by force of and according to the said Proviso and the power The Uses in particular revoked and liberty thereby given revoke repeal and determine all and every the said Estate and Estates in any wise limited in use in or by the said recited or mentioned Indenture unto the said I. S. and the Heirs Males of his Body lawfully begotten and also all and every the Estate and Estates in or by the said recited Indenture limited in use unto the said I. S. for term of his life and all and every the Estate and Estates in or by the said recited Indenture limited in use unto the said B. S. Son of the said I. and the Heirs Males of his Body lawfully begotten of in for and concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their Appurtenances in any wise comprised in or by the said recited or mentioned Indenture And likewise the said A. B. doth hereby declare that the said several and respective Estates limited as aforesaid severally and respectively unto the said T. S. I. S. and B. S. and every of them shall cease determine be frustrate void and of no further effect or continuance in Law And that New Use all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their Appurtenances and the onely use thereof shall from henceforth remain continue and be unto the said A. B. his Heirs and Assigns Now this Indenture further witnesseth that the said A. B. for and in consideration The Feoffment of One thousand pounds of lawful Moneys of England to him in hand payed before the sealing and delivery hereof by the said F. G. the receipt whereof c. Hath given granted enfeoffed and confirmed unto the said T. G. his Heirs and Assigns All that c. with usual general words as in a Feoffment To have and to hold the said c. unto the said F. G. his Heirs and Assigns for ever To the onely proper and absolute use and behoof of the said F. G. his Heirs and Assigns for evermore 5. To all Christian People to whom this present Writing shall come A. B. of c. doth Another of Uses setled upon a Covenant to stand seized send greeting in our Lord God Everlasting Whereas the said A. B. hath by his Indenture bearing Date c. for the consideration therein mentioned Covenanted granted concluded and fully agreed to and with C. D. of c. that the said A. B. and his Heirs and all and every other person and persons and their Heirs which then stood or were seized of all and singular the Mannor of c. should from thenceforth stand and be seized thereof and of every part and parcel thereof to the several uses and behoofs in the said recited Indenture limited and set forth And whereas in and by the said recited Indenture it is also Provided in these words following Provided always c. reciting the Proviso word for word Now know ye that the said A. B. being minded to revoke all and every the said Uses in the said recited Indenture mentioned and expressed in pursuance of the said power and authority to him given by the said Proviso doth by this present writing sealed and subscribed with his proper Hand and Seal declare his will and pleasure to be to adnul determine make void and frustrate And doth by these presents clearly and absolutely adnul make void and frustrate all and singular the said Uses in the said recited Indenture limited and all and every the Estate and Estates thereupon executed or to be executed of in or to the said Mannor c. and Premisses and of in and to every part and parcel thereof in such sort manner and form as if the said Uses or any of them had never been limited or appointed Any thing to the contrary c. 6. To all Christian People c. A. B. of c. Another made upon having Issue Male pursuant to the power given sendeth greeting c. Whereas by certain Indentures bearing Date the c. made between me the said A. B. of the one part and C. D. and E. F. of the other part It was for the Causes and Considerations in the said recited Indenture specified Covenanted granted and concluded between the said Parties to the said Indentures and every of them amongst other things in manner and form following that is to say First I the said A. B. did by the same Indenture for me mine Heirs Executors Administrators and Assigns and every of them Covenant Recital of a Covenant to Enfeoff to Uses grant conclude and agree c. recite here the Covenant to Enfeoff the said C. D. and E. F. To such Uses intents and purposes as
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
Premisses whereof the said Recovery and Fine were severally and respectively suffered levied and had as aforesaid always was and yet is that as well the said Recovery as the said Fine and all and every Fine and Fines Recovery and Recoveries and other Acts and Assurances of and concerning the said Mannors Messuages Lands Tenements Hereditaments and Premisses with the Appurtenances or of any of them at any time formerly suffered levied executed or had wherein or whereunto the said A. B. was or is any way a party and all and every the Executions of the same and every of them should and shall be and inure and be construed adjudged deemed and taken to be and inure and are hereby Covenanted granted agreed and declared to be and inure to the uses purposes and intents and under the Provisoes conditions and limitations hereafter in these presents expressed limited and declared And that the said Recoverors and either of them and all the parties to the said Recovery and takers thereby and their Heirs and all other person and persons and his and their Heirs who then were now are or hereafter shall be seised of the said Mannors Lands Tenements Hereditaments and Premisses with their and every of their Appurtenances comprised in the said Recovery should and shall stand and be seised of the said Mannors c. comprised in the said Recovery and of every part and parcel thereof with the Appurtenances to the uses purposes and intents hereafter expressed And that the said Cognizees of the said Fine and either of them and all the parties to the said Fine and the takers thereby and the Heirs of them and every of them and all and every other person and persons and his and their Heirs who at the time of the levying of the said Fine were or now are or hereafter shall be seised of the aforesaid Mannors c. comprised in the said Fine and every of them should and shall stand and be seised of the same Mannors c. Hereditaments and Premisses comprised in the said Fine and every part and parcel thereof with the Appurtenances likewise to the uses purposes and intents hereafter in these presents expressed and declared that is to say for touching and concerning To the use of A. for life after to E. his Wife for life the said Mannor of A. with the rights members Appurtenances Lands Tenements and Hereditaments thereunto belonging parcel of the said Mannors Lands Tenements and Hereditaments comprised in the said Recovery to the use and behoof of 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 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 natural life of the said E. B. for her Joynture and in lieu and full recompence of her Dower out of all the Mannors Lands Tenements and Hereditaments whereof the said A. B. now is or at any time was or shall be seised of any Estate of Inheritance during the coverture between him and the said E. B. And for touching and concerning all and every the other Mannors Lands Tenements and Hereditaments mentioned to be comprized in the said Recovery and Fine 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 for touching and concerning the immediate remainder of the said Mannor of A. with all the Lands Tenements and Hereditaments thereunto belonging before mentioned or meant to be limited to the said E. B. for her Joynture as aforesaid immediately from and after the decease of the said A. B. and E. B. his Wife and of the survivor of them and the immediate remainder of all and every the said other Mannors Lands Tenements and Hereditaments and every of them comprised within the said Recovery and Fine whereof there is no Use before limited or declared to the said E. B. for her Joynture to such uses purposes and intents immediately from and after the decease of the said A. B. and under such Provisoes conditions and limitations as hereafter in these presents are specified expressed limited and declared and to no other To the use of E. F G H. c for years to pay Debts c. Legacies use intent or purpose whatsoever that is to say to the use of the said E. F. and G. H. their Executors Administrators and Assigns for and during the terms and spaces of years hereafter mentioned to commence and begin as hereafter followeth viz. for touching and concerning the said Mannor of A. c. before limited to the use of the said E. B. for her Joynture for the term or space of Ten years to begin immediately from and after the Decease of the longest liver of them the said A. B. and E. his wife And for touching and concerning all the rest and residue of the said Mannors Lands Tenements and Hereditaments comprised in the said Recovery and Fine for and during the like Term and space of ten years to commence immediately from and after the Decease of the said A. B. upon Trust and confidence and for and unto the end intent and purpose That they the said E. F. and G. H. their Executors Administrators and Assigns shall and may receive perceive dispose and imploy the Rents Revenues Issues and Profits of all and every the said Mannors Lands Tenements and Premisses respectively for and during the said several terms of ten years for and towards the payment Payment of Debts and satisfaction of all such Debts and sums of Mony which the said A. B. doth now owe or hereafter shall borrow or owe or for which any Person or Persons now doth or do or hereafter shall stand ingaged for or with the said A. B. and for his proper Debt and for and towards the payment of such Legacy or Legacies and sums which the said A. B. shall by Payment of Legacies his last Will and Testament in writing to be by him signed sealed and published before three sufficient Witnesses at the least give limit ordain and appoint And from and after the end expiration surrender or other determination of the said Term or Terms of ten years and as they shall severally end and determine To the use and behoof of such Person and Persons and for such Estate and Estates as the said A. B. shall by his last Will and Testament in writing in the presence of three credible Witnesses or more limit appoint or declare and in default of such Limitation Appointment or Declaration to the use and behoof of c. Provided always c. Here may follow a Power given to A. B. to make Leases c. reserving the accustomed Rent c. 7. This Indenture Tripartie made c. Another the Uses of a Recovery as to several Mannors severally limited Between A. B. of
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 â—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
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
from time to time write down and enter or cause to be written down and entred the true Particulars of all such Goods Wares and Merchandizes that shall be bought or sold brought in or delivered out in or touching the said joynt Trade and of all Sum or Sums of Money that shall be received or payed together with the names of all Persons unto or from whom any such Goods Wares or Moneys shall be received or payed and all other circumstances of Time and Place any wayes conducing to the manifestation of the State and Proceeding of the said Trade And that each of them the said Parties shall and may from time to time during the said Copartnership have free Access and Recourse unto the said Books of Account to read peruse examine and copy out the same at his Will and Pleasure 82. And further That they the said Parties Every year to perfect the accompt shall yearly and every year during the said Copartnership in the Month of September joyn in Accompt together at the said shop and then and there to make cast up and fully finish a true just plain and perfect Accompt and Reckoning in writing of for and concerning the said joynt Trade and of and for all Moneys Wares Goods Debts and other Estate whatsoever which shall be then in Copartnership between the said Parties or joyntly owing or belonging to them and upon the finishing of every such yearly Accompt they the said Parties shall write and enter or cause to be written down and entred into two several Books of Account the true Particulars of every such Accompt and shall subscribe their Names in the said Books at the foot of every such Account entred therein and upon the subscription of their Names as aforesaid each of the said Parties shall and may have and take to his own use one of the said Books subscribed as aforesaid 83. And furthermore that at the end of the The final account said Term of three years if they the said Parties shall be both then living they the said Parties shall joyn in Accompt together at the Shop aforesaid and shall then and there make cast up and fully finish between them a true plain perfect and final Accompt and Reckoning in â—riting of for and concerning the said joynt Trade and of and for all Moneys Wares Goods Debts and other Estate whatsoever which shall be then in Copartnership between the said Parties or joyntly owing or belonging to them by reason or means of the said joynt Trade And of all Debts and Duties which they the said Parties shall then owe to any Person or Persons 84. And upon finishing of the said account To pay Debts and divide the remainder they the said Parties shall forthwith satisfie or take order for the speedy satisfying of all and every the said Debts and Duties so by them owing and shall also thereupon make a just and equal partition allotment assignment and division between them the said Parties of all the then residue and remainder of their said partible or joynt Stock and Estate and increase thereof That is to say One moiety or half part thereof unto the said A. B. to his own proper use and the other moiety or half part thereof unto the said C. D. to his own proper use Neither to release a Debt assigned to the other c. Each to authorize the other to sue c If either die during the three years the Survivor to take all paying for a moiety to the Executors of the other 85. And after such partition division assignment and allotment so made neither of the said Parties his Executors or Administrators shall without the consent of the other of them receive release compound or discharge any debt or duty which is or shall be assigned or allotted to the other of them respectively but that each of them the said Parties his Executors and Administrators shall from time to time sufficiently authorize the other of them the said Parties his Executors or Administrators upon his or their request to sue for recover receive and take to his and their own proper use all and every the debts and duties which shall be allotted to him or them the said Parties his Executors or Administrators respectively making such request 86. And further that if either of the said Parties shall happen to decease before the end of the said three years and after any yearly account shall be made between them the said Parties touching the said joynt Trade That then the Survivor of them the said Parties shall have and take to his own proper use all the Moneys Goods and Wares which shall be belonging to the said joynt Trade and Copartnership at the same rate and price the same Goods and Wares did cost and also all Debts and Duties which shall be then dâ—e and owing to the said joynt Trade except such of them as were trusted by the said deceased Party without the consent of the said Survivor And in consideration thereof the said Survivor his Executors or Administrators shall pay or cause to be payed to the Executors or Administrators of the Person so first dying at the Shop aforesaid so much lawful Mony of England as the part and share of the Party deceasing of and in all the said Debts that shall be then owing to the said jont Trade that were accounted good and spirate Debts and of and in all the Moneys Goods and Wares of the said joynt Trade did or shall clearly come and amount unto by and upon the said yearly Account made between the said Parties next before such decease the Debts owing by the said joynt Stock being allowed for and defalked out of the said whole Estate The same Moneys to be payed to the Executors or Administrators of the said Party deceased as followeth That is to say One third part thereof at the end of four Months next after such decease one other third part thereof at the end of eight Months nert after such decease and the remaining third part thereof at the end of twelve Months next after such decease 87. And that the said Survivor his Executors How the Moneys shall be secured or Administrators shall within twenty Days next after such decease of the other of them the said Parties become bound in a penal Bond sufficient in the Law of double the Principal and with sufficient Sureties to the Executors or Administrators of the person so first dying as well for the true payment of the said three several sums in manner and form aforesaid as also for the saving harmless and keeping indempnified of the Executors and Administrators Lands Tenements Goods and Chattels of the said first Security against joynt Debts deâ—easing Party of and from all and every the Debts and Duties which were joyntly owing by them the said Parties at the time of such decease of for and concerning the said joynt trade and of and from all Accounts Suits Iudgments Executions and Demands
Members though the greatest part of them consent thereto without the general consent of the whole Corporation may Levy a Fine for that shall not be good Corporations Spiritual as Bishops Deans and Chapters Heads and Fellows of Colleges and the like are forbidden and restrained by divers Acts of Parliament from levying any Fine of their lands belonging to them at this day but of the lands such persons have in their own Right they may levy Fines as other persons may do A Fine levyed by one Ioyntenant Tenant in Common or Partner of Lands so held by him to a Stranger another Ioyntenant Tenant in Common or Partner will be good And lastly take this general Caution concerning Cognizors in Fines That they must be such and have such an Estate in the Lands intended to be granted by Fine as they are not prohibited by any Law to levy the Fine otherwise the Fine will be void And hence it is That Bishops Deans and Chapters Prebends Parsons Vicars and the like may not levy a Fine of any Ecclesiastical Lands in which they have any Estate of Freehold in right of their Churches Houses c. for if they do it will be void after their lives Coke 11. 78. Plowd 575. 538. 375. 21 Edw. 4. 13. And hence it is that he that hath an Estate Tayl of the Kings gift of provision may not levy a good Fine of it to bind the King or the Issue in Tayl by 32 H. 8. Cap. 28. And that a Fine levyed by the heir that is an Intruder upon the Kings possession is void 1 H. 7. 5. 24 Edw. 3. 65. And hence it is that he that hath an Estate in Fee-simple of lands in the Right of his wife may not levy a Fine thereof without her and if he do she or her heirs or other person to whom the right may come may avoid it after her death 32 H. 8. Cap. 28. 12 Edw. 4. 14. Coke 6. 55. Brooke Fines 121. Concerning Cognizees in Fines you are to Wâ—o may be Cognizees in Fines know That any person that is capable of being a good Grantee in a Deed may be a good Cognizee in a Fine and may thereby have and take the thing granted by it And so any man or woman Sole or Covert of full age or under age any mad or Lunatick person Ideot or man de non sane memorie any person in or out of prison or beyond Sea any person attainted of Felony or Treason or outlawed in a personal Action a Bastard a Clerk convict an Alien any one of these may be a Cognizee and take by a Fine as well as by a Deed. And a Fine levyed to any such person is good 50 Edw. 3. 9. 3 H. 6. 42. 24 Edw. 3. 62. So Corporations Spiritual and Temporal Civil or Corporal may be Cognizees in Fines and Fines levyed to them will be good But before the Ingrossing of such a Fine there goeth alwaies a Writ to the Iustices of Common Pleas Quod permittunt Finem illum levari Note that a Fine sur Cognizance de droit come ceo c. may not be levyed to any person but one that is party to the writ of Covenant Except the Cognizee be a Demandant in a writ of Entry And so a Fine levyed by the Demandant to the Vouchee who is supposed by the Law to be Tenant to the land or from the Vouchee to the Demandant is good and yet they are not Parties to the Writ But a Fine levyed by the Vouchee to a Stranger is void Coke 3. 29. 7 Edw. 4. 13. Care must be taken in Fines that Cognizors and By what names Cognizors and Cognizees may give and take in a Fine Cognizees must be named in Fines by their right names of Baptism and Surname except they be Kings Princes Dukes Marquesses Earls Viscounts or Barons which are admitted without any surname as Jacobus Rex Angliae Carolus Princeps Walliae Johannes Dux Lancastr c. But for Knights Esquires and Gentlemen which be names of Worship and Honour their Christian name and Sur-name are alwaies expressed together with their Additions And as for the Additions of Bishop Dean Parson c. they are admitted in Fines rather out of Courtesie then necessity for the Fine may be good without them Brownlow 1. part 30. 7 H. 4. 22. 1. Ass pl. 11. 14 H. 6. 15. 21 Edw. 4. 8. 1. Ass pl. 11. But if there be two of one name it is best to distinguish them by Seniori Juniori or the like Brownlow 1. part 30. So if it be a Corporation or Fraternity to be named in the Fine care must be had that it be done by the very true name of the Corporation as it is named in the Charter and Foundation of it 11 H. 4 44. 14 H. 4. 20. 7 H. 6. 27. 37 H. 6. 29. CAP. V. Of what things Fines may be levyed and â— by what Names and how the Parcels are to be placed therein A Fine may be levyed of all things whereof a Of what things Fines may be levyed Precipe quod reddat lyeth or of which a writ of Entry may be brought It will be good of all things Ecclesiastical or Temporal that are inheritable and in Esse at the time of the levying of the Fine So a Fine may be levyed of an Honour Mannor Island Barony Castle Messuage Cottage Mill Toft Curtilage Dovâ—house Garden Land Meadow Pasture Wood Vnder-wood Chappel River Parsonage Rectory Advowson Vicaridge Tythes impropriate â—stovers Foldage Corrody Office Fishing Warren Fair Mine View of Frank-pledge Waif Stray Felons goods Deodand Hospital Furzes Heath Moor Rent Common Hundred Way Ferry Franchise Seignory Toll Tallage Picage Pontage Services Portion of Tythes Oblations and the like But a Fine levyed of Antient Demesne Lands will not be good Stat. 32 H. 8. Cap. 7. Coke 8. 145. West Symb. 2. part Anciently in levying a Fine of a Mannor it was By what Names things may be levyed in Fines Manerium usual to add to it or explain it by the words Demesns Rents Seigniories Courts Pleas c. And such Generals whereof it consisted but this way is altered and now it passeth by the name of Manerium cum pertinentiis 3. Inst 513. That things passed in Fines must be set down by their Nature and quality as Land Meadow Pasture c. and by the place where they lye there must be apt words used to express the thing named to pass by the Fine For a Fine levyed de tenemento or de hereditamento or de duobus tenementis for the uncertainty of the thing and unaptness of the words is void or voidable at least for Error Crooke 1. 196. Leon. Rep. 188. for the proper word to express a Tenement or Hereditament in a Fine Messuagium is Mesuagium and a Fine levyed de uno mesuagio or duobus mesuagiis is good That one Mannor may be parcel of another Mannor and pass by the name of that Mannor 20 Ass
Lini porcellorum ancarum Agnellorum c. Et aliis Emolumentis quibuscunque spectan pertinen crescen sive existen cum pertin in H. Or de Communia pasture pro omnibus omnimodis Averiis or de pastura pro trescentis ovibus cum pertin in parochia de Dale or de Communia pro omnibus Animalibus or pro omnibus omnimodis Animalibus or pro decem ovibus decem equis vaccis porcis spadonibus c. or de Communia pasturae quam praedictus A. habet habere solebat pro omnibus Averiis suis in Centum acris pasturae ipsius A. in S. Or de libera Warrena sua in D. or de una Wharfa or de seperal Piscaria in Aqua de S. or de liberis Piscariis in Aquis de B. C. D. or de Piscaria or de libertate unius Faldagii cursu ovium or de libertate Faldagii or de libertate Faldagii pro viginti ovibus or de libero Faldagio ovium or de libera Falda or de Gurgite or de Cursu aquae currentis à loco vocat H. intra per terras vocat M. Or de Nundinis de B. singulis Annis ad Festa de N. B. ibidem tenend or de Mercat de B. or de quieto libero passagio ultra aquam de S. or de Chimino Or de viginti libraâ— viginti solidat decem deâ—r uno Obulo quadrant Reddit or de decem â—arcat reddit or decem Marcis reddit or de â—eddit unius libre piperis unius Clavi Gariophilâ— or unius Rose rubre or unius quarter ' hordei â— de reddit Centum Gallinarum or de duobus â—â—ch Caponum or de reddit unius par Cheirodecarum unius libre Cere unius libre Cumini â— de reddit Centum Gallorum or de viginti soâ—dis annualis redditus exeun de Manerio de D. Or if it be of parts of things whereof the Fine is â—â— be levyed they must be thus named de Medieate Manerii de D. cum pertin de tertia parte duâ—um mesuagiorum or de duabus partibus in tres â—rtes dividend octo acrarum terrae or de tertia parte tenementorum in C. in tribus partibus diviâ—â— or de Medietate decem Mesuagiorum or de â—â—rcia parte Rectoriae Ecclesiae de K. cum pertinâ—â— de Medietate omnium decimarum granorum bladorum garbarum feni de terra vocat F. cum pertin in L. or de tercia parte Vic' Franc ' pleg ' cum pertin bonorum catallorum waiviat felon fugitivorum utlagat in exigendo posit felon de se Deodand Thesaur invent cum pertin in D. or de tercia parte quinque librarum cum pertin exeun de Manerio de H. And lastly for your better instruction of placing the parcels in a Fine observe these following Rules â—s 1. That the worthy things must be put first so a Mesuage must be named before Land a Mannor before a Mesuage a Castle before a Mannor Arrable before Meadow c. Plowd 168. 7 H. 6. 39. 2. Things general before special things as land being the genus therefore is to be placed before Meadow Pasture Wood Heath Marish c. and Boscus must precede Alnetum Salicetum c. as wood is the genus to Wood-ground 3. Intire things are to be set down before parts of things de Manerio de A. de Medietate Manerii de B. c. 4. Parts of the things excepted must follow the things themselves out of which they are excepted And if there be divers parcels in the Writ that thing out of which the exception is made must be put last of all thus after all the rest de Manerio de B. cum pertin in C. except uno Mesuagio duabus acris terrae Advocatione Ecclesiae de B. c. Regist Orig. so 6. 5. The thing excepted must be certainly named and in this there needs not the Addition of the words cum pertin as are used after the things granted 6. The Exception must alwaies be of such a thing as will lye in a Writ and of such a thing as is comprehended in the writ as Precipe A. quod juste c. ten B. Conventionem c. de uno Mesuagio duabus acris terre decem acris prati Centum acris pasture cum pertin except una acra prati in L. Et est Concordia talis scilicet quod praedict A. recogn tenementa praedicta cum pertin except preexcept esse jus c. 7. Where the Original writ is of many things if of eight things as a Mannor House Rectory c. they are thus expressed first De uno Manerio secondly Ac de Rectoria thirdly Necnon de Mesuagio c. and for the fourth thing Aceciam for the fifth Praeterea for the sixth Ac ulterius for the seventh Aceciam and for the eight Ac insuper And if there be more then to begin again CAP. VI. Observations in Drawing the forms of Concords TWo things are chiefly to be considered in the drawing of Concords of Fines As first the Precipe which is the Recital of the contents of the writ of Covenant and is called the Title or head of the Concord or Agreement The form whereof is thus Midd. ss Precipe A. B. quod juste c. teneat C. D. Conventionem c. de decem Mesuagiis Centum acris terrae sexaginta acris Pasturae in Isllington Et nisi c. This Praecipe is to express the things in particular whereof the Fine is to be levyed in the same order and words as they are mentioned in the Original writ in which also the names of the parties with their Additions must be inserted as Precipe F. Comiti B. quod juste c. ten H. F. Armigero c. That therein the parcels must be named according to the directions before set down in the fifth Chapter which must alwaies be according to the Rule in the Register comprehended in the ensuing verses Mes â—gium Tost um Mol. endinum Col. nmbare Gar. dinum Terr a Pra. tum Pas tuâ—a Bos cus Brue ra Mora. Junca ria Maris cus Alne tum Pis caria Red. ditus Sectare priora Secondly The Concord it self as to which we are to observe that the particulars or parcels ought not to be recited as fully in the Concord as when they were first named in the writ of Covenant or other original writ pertinent to a Fine or as they are expressed in the Precipe but instead of naming of every particular over again it will be sufficient to say thus Et est Concordia talis scilicer quod praedictus A. recogn tenementa praedicta cum pertin esse jus ipsius H. c. where note that by the word tenementa any number or quantity of distinct things or parcels will be well enough and aptly expressed except the Precipe be of entire things by themselves as Precipe c. quod ten Conventionem c. de
acris Pasture in M. Et nisi c. which done ingross it fairly in Parchment with the Concord according to the Instructions and Presidents in this Treatise And then go with the Cognizor or Cognizors to the Lord Chief Iustice of the Common Pleas at his Chamber and deliver your Parchment if it requires hast to the Clerk of the Fines who will cause the Caption to be writ underneath the Concord on the left hand if it be not done before you come thither thus Capt. cognit primo die Maii Anno regni domini nosâ—ti Caroli secundi nunc Regis Anglie c. vicesimo coram me and also see that the Cognizors subscribe their names to the Concord on the right hand and inquire of him that comes with the parties to the acknowledgment of the Fine if he knows them and see that he subscribes the Fine accordingly at the bottom thus A B. cogn paries which done he will get the Lord Chief Iustice his hand to the Caption of the Concord ingrossed in Parchment And also to a Coppy thereof fairly written in paper which is to remain with the Cleck of the Fines But the Concord in Parchment you are to carry to the Cursitor of the County where the lands lye and there get your writ of Covenant made which you are to carry before it be Sealed to the Alienation Office in the Temple and there compound it and get it entred and indorsed which done you are to carry it back to the Cursitor who will get it Sealed and that being done you are to make your Warant of Attorney for the Fine in this manner Bed ss R. S. Armiger Po. lo. sâ—o W. B. Attorn suum ad prosequend breve de Con. versus T. S. A. uxorem ejus de Maneriis terris tenementis in M. c. When you have made this Warrant of Attorny you are to file it with the Clerk of the Warrants who will sign the Writ of Covenant with a Stamp for that purpose Then file the writ of Covenant and the Precipe and Concord together and carry them to Mr. Jones his Office in the Middle-Temple who returns the Writ of Covenant and Signs the same with his Stamp After this the Custos Brevium is to have it to make his entry thereof upon the Roll and indorse upon the Writ when the Proclamations are to be made from whom you must carry it to the Clerk of the Kings Silver who will perform what belongs unto it there And being once dispatched that Office it is then a Fine in force of Law Afterwards carry it to the Chirographer whose Office is in the Middle-Temple and there the Clerk that deals for that County where the lands in your Fine do lye will make the Indentures of the Fine and then it is finished A Fine is acknowledged at the Bar after this manner First an Attorney must deliver the Writ of Covenant Sealed with the Precipe and Concord ingrossed in Parchment as above to one of the Serjeants at Bar where the Cognizors are to be presâ—nt Then the Serjeant must desire the Chief Iustice to record the appearance of the Cognizors which being granted by him The Serjeant saith denâ—ers le Roy. Then answereth the second Prothonotary or his Clerk que donera Then the Sergeant shall answer thus Cestuy que avera Then the second Prothonotary or his Clerk shall answer again thus trahes la paix Then the Sergeant must say Ove vostre conge la paix est tiâ—l scilicet c. reciting in French the Concord so delivered unto him as aforesaid by the Attorney with relation to the particulars of the lands contained in the Precipe And that being done the Sergeant must if any one of the Cognizors be a Feme-covert tell her that she must go up to the Puisne Iudge to the Bench to be examined of her consent which Iudge taketh the Concord so written in Parchment as aforesaid and examineth her apart privately and then delivereth it to the Prothonotary to be recorded Then take the Precipe and Concord when the Court hath recorded it and file it to the writ of Covenant and paying the Fees of Court pass it through the several Offices as you are before directed in the acknowledgment before the Lord Chief Iustice The manner of acknowledging and levying a Fine before Commissioners Any Iudge of the Common Pleas Kings Bench or Baron of the Exchequer as is before declared may take the Caption of a Fine before the Dedimus potestatem be sued out which you may sue out afterwards and carry it under Seal to him that took the Cognizance of the Fine and he will return the same A Fine may also be taken by special Commission in the Country to do which you must deliver to the Cursitor the Commissioners names one whereof must be a Knight by which with the Concord the Cursitor will make the Dedimus potestatem and get it sealed for you Then deliver the Dedimus potestatem to the Commissioners with the Precipe and Concord ingrossed in Parchment with wax and seals unto it and when the Cognizance is taken by them they must return the Dedimus potestatem in this manner Executio istius Commissionis patet in quadam Schedula huic Commissioni annex And then file the Concord to the back of the Dedimus potestatem and let the Commissioners set their seals to the Concord and their hands to the return of the Dedimus The Caption of the Concord must be thus Capt. cognit apud Villam B. in Com. B. decimo octavo die Augusti Anno Regni Domini nostri Caroli Secundi nunc Regis Anglie c. vicesimo secundo coram nobis A. B. C. D. E. F. Then when you have returned up your Dedimus potestatem carry it to the Cursitor who will make you the writ of Covenant And then pass the Fine as before is directed onely in this case if one of the Commissioners that takes the Caption be not a Knight you must draw up a Certificate upon the back of the Concord and carry it to a Iudge of the Common Pleas for his Allocatur The form of the Certificate is thus A B. gent. one of the Commissioners in the Writ of Dedimus named maketh Oath that this Fine was duly executed the Cognizees of full Age and the Feme Covert being secretly and apart examined willingly consented A. B. CAP. VIII Of Fines sur Cognizance de droit come ceo que il ad de son done their Forms c. Sect. I. A Fine levyed by One to Two Joynt Purchasors Midd. ss PRecipe A. B. quod juste c. teneant C. D. E. F. Conventionem c. de uno Mesuagio uno Cottagio decem acris Pasture cum pertinentiis in B. Et nisi c. ET est Concordia talis scilicet quod predictus A. recogn predicta tenementa cum pertinentiis esse jus ipsorum C. E. ut illa que iidem C. E. habent de
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 jâ—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
suis Et Vic. videlicet A. R. Miles modo Mand. quod ipse virtute brevis illius sibi directi tricesimo primo die Maii ultimo preterito habere fecit prefat R. W. plenariam seisinam de Castro Maneriis Tenementis predictis cum pertin Ac de Advocatione predicta prout per breve illud sibi preceptum fuit c. Glouc. ss S. S. Generosus in propria persona sua Entry of a Recovery of a Mannor Mesuages Mils Dove-houses Gardens land Meadow Pasture Wood Rent Common of Pasture of a Rectory Tythes and of an Advâ—wson of a Vicaridge pet versus R. N. Armigerum W. S. Armigerum Manerium de Stonehouse cum pertin Ac viginti Mesuagia decem quinque Molendina tria Columbaria viginti Gardina 300 acras Terre Centum acras Prati 300 acras Pasture 330 acras Bosci sexaginta solidat Reddit Communiam Pasture pro omnibus Averiis cum pertin in Stonehouse c. Necnon Rectoriam de Leonard cum pertin Ac etiam quasdam portiones Decimarum annuatim provenien Crescen seu renovan in K. Ac Advocationem Vicarie Ecclesie de S. ut jus hereditatem suam c. Et unde dic quod ipsemet fuit seisit de Manerio Tenementis Reddit Communia Pasture Rectoria predictis Ac de portionibus Decimarum predictarum in Dominico suo ut de feodo jure Ac de Advocatione predicta ut de feodo jure tempore pacis tempore domini Regis nunc Capiend inde exples c. Et inde produc sectam c. Et predicti R. W. in propriis personis suis ven defend jus suum quando c. Et voc inde ad War E. S. Generosum qui presens est hic in Cur in propria persona sua Et gratis Manerium Tenementa Reddit Communiam pasture Rectoriam predicta cum pertin Porciones Decimarum Et Advocationem predictas eis War c. Et super hoc predictus S. pet versus ipsum E. Tenen per War suam Manerium Tenementa Reddit Communiam Pasture Rectoriam predictam cum pertin porciones Decimarum ac Advocationem predictam in forma predicta c. Et unde dicit quod ipsemet c. ut supra c. Alias prout patet c. usque quando c. in linea Entry of Summons in a Recovery with treble Voucher by Alias prout patet with three Adjornments before the Statute of 16 17 Caroli primi cap. 6. Whereby the Retorns of Octab. Mich. quinden Mich. are taken away Continuat Et voc inde ad War S. H. Gen. Sum. in Com. pred habeat eum hic in Octabis S. Mich. Et Sum. in Com. predicto per auxilium Curie c. idem dies dat est partibus predictis c. Ad quem diem loquela predicta Adjornata fuit per brev Domini Regis de Communi Adjornamento hic scilicet apud Westm in Com. Midd. usque a die S. Michaelis in unum Mensem tunc proxime sequen Ad quem diem loquela predicta ulterius Adjornata fuit per aliud brev dict Domini Regis de Communi Adjornamento a Westm usque Villam dict Domini Regis de Reading in Com. Berks in Crastino Animarum tunc proxime sequen Et modo hic scil apud predictam Villam dict Domini Regis de Reading ad hunc diem scil predictum Crastinum Animarum ven tam predictus H. in propria persona sua quam predictus G. per Attorn suum predictum Et predictus S. modo Sum. c. per. R. Attorn suum similiter ven gratis Tenementa predicta cum pertin eis War c. Et super hoc predictus H. pet versus ipsum S. Tenen per War suam Tenementa predicta cum pertin in forma predicta c. Et unde dicit quod ipsemet fuit seisitus c. Et inde produc sectam c. Et predictus S. Tenens per War suam defend jus suum quando c. Et ulterius voc inde ad War P. D. habeat eum hic à die Pasche in quindecim dies Et Sum. in Com. predicto per Auxilium Curie c. Idem dies dat est tam prefat J. v. quam prefat S. hic c. Ante quem diem loquela predicta ulterius Adjornata fuit per aliud breve dicti domini Regis de Communi Adjornamento à predicta Villa dict dom Regis de Reading in Com. Berks usque ad Westm in Com. Midd. usque ad eandem Quinden Pasch c. Michaelis xijâ— Caroli Secundi rotulo 182. Westmerl ss JOhannes Lowther Miles Baronettus Entry of a Recovery of a Mannor Tenements Tythes Free-â—isâ—ing and the Advowson of a Vicaridge Thomas Darcey Miles in propriis personis suis pet versus Robertum Newman Generosum Thomam Lee Armigerum Manerium de Warcopp cum pertin ac septuaginta sex Mesuagia quatuor Molendina sexaginta Gardina quadraginta acras Terre Centum acras Prati Trescent quadraginta acras Pasture viginti acras Bosci Sexcentas acras Jampnorum Bruere Sexcentas acras Morae cum pertin in Warâ—opp Buttingill Sandforth Flesholme Blaytorne Winder Wath Cliburne Ac decimas Garbarum granorum annuatim provenien crescen seu renovan in Warcopp Buttergill Blaytorne Necnon liberam Piscariam in Aqua de Eden Ac etiam Advocationem Vicarie Ecclesie de Warcopp ut jus hereditatem suam Et in que iidem R. T. non habent ingressum nisi post disseisinam quam Hugo Hunt injuste sine judicio fec prefat Joh. Thome Darcy infra triginta Annos c. Et unde dic quod ipsimet fuer seisiti de Manerio tenementis decimis Piscaria predictis cum pertin in dominico suo ut de feodo jure Ac de Advocatione predicta ut de feodo jure tempore pacis tempore domini Regis nunc Capiend inde exples ad valentiam c. Et in que c. Et inde producit sectam c. Et predicti Robertus Thomas Lee in propriis personis suis ven defend jus suum quando c. Et voc inde ad War Rich. Brathwaite Armigerum qui presens est hic in Cur. in propria persona sua Et gratis Manerium Tenementa decimas Piscariam predicta cum pertin Ac Advocationem predictam eis War c. Et super hoc predicti Johannes Thomas Darcey pet versus ipsum Richard Tenen per War suam Manerium Tenementa decimas Piscariam predictam cum pertin Ac Advocationem predictam in forma predicta c. Et unde dic quod ipsimet fuerunt seisiti de Manerio tenementis decimis Piscaria predictis cum pertin in dominico suo ut de feodo jure Ac de Advocatione predicta ut de feodo jure tempore pacis tempore domini Regis
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 Thâ—â—nnunciation of St. Mary the blessed Virgin and the Feast of St. Michael Thâ—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.
c. to enter and distrain as in a grant of a Rent And as for touching and concerning all and every the said The use of the Lands charged Messuage Lands Tenements and Premisses herein before mentioned to be granted enfeoffed and confirmed unto the said C. D. and E. F. and their Heirs It is the true intent and meaning of all the Parties to these presents That the said C. D. and E. F. and their Heirs shall stand and be seized thereof and of every part and parcel thereof to the onely use and behoof of the said A. B. his Heirs and Assigns for ever and to no other use intent or purpose whatsoever nevertheless the said Premisses to be charged and chargable with the said Annuity or yearly Rent as aforesaid CHAP. XVII Containing several Covenants used upon Vide Chap. 4. Covenants upon Settlements Marriages and in Joyntures made 1. THis Indenture made c. Between A. B. of 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 in consideration of a Marriage to be had and solemnized between C. B. Son of the said A. B. and E. D. Daughter of the said C. D. in manner and form following Covenant to pay the Portion after Marriage And first the said C. D. doth for him his Executors and Administrators Covenant and grant to and with the said A. B. his Executors and Administrators by these presents That in case the said Marriage take effect he the said C. D. his Executors or Administrators shall and will within one Month after the said Marriage had and solemnized pay or cause to be paid unto the said A. B. his Executors or Administrators as the marriage Portion of the said E. the sum of Five hundred pounds of lawful moneys of England at or in the now dwelling House of the said A. B. scituate in c. 2. And the said A. B. doth for himself his To pay a sum if he refuse the Marriage Executors and Administrators Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That in case it shall fortune that the said C. B. his Son shall refuse or disagree to the said Marriage or that the said Marriage shall not take effect and be had and solemnized within three Months next ensuing the Date hereof through the default mislike means or procurement of the said A. B. and C. B. or either of them That then the said A. B. his Executors or Administrators shall and will well and truly pay or cause to be paid unto the said C. D. his Executors or Administrators within six Months next ensuing the Date hereof the sum of One hundred pounds of lawful Moneys of England at one intire payment to and for the use of the said E. D. in case she the said E. shall so long live and for her advancement and preferment in Marriage and as an augmentation of her Portion and livelyhood 3. And the said A. B. for himself his Executors and Administrators doth Covenant and To maintain the young pair grant to and with the said C. D. his Executors and Administrators by these presents That in case the said Marriage shall take effect according to the true meaning of these presents That then he the said A. B. his Executors or Administrators shall and will well and sufficiently maintain provide for find keep and sustain the said C. B. and E. his Wife and all the Issue of their two Bodies begotten from time to time and at all times immediately from and after the said Marriage between the said C. B. and E. so had and solemnized as aforesaid during the natural life of him the said A. B. with sufficient and convement Meat Drink Lodging and House-room according to their quality and degree 4. And further that he the said A. B. shall To give or leave by Will 1000 l. and will either in the life time of the said A. B. or by his last Will and Testament leave give devise assure or pay or cause to be well and truly contented and payed unto the said C. B. or to the said E. in case she shall survive the said C. B. and the said C. B. shall happen to die during the life of the said A. B. or to the Child or Children between them to be begotten in case the said C. B. and E. shall both happen to die in the life time of the said A. B. to be equally divided between them the sum of One thousand pounds of lawful Mony of England to be payed within two years after the decease of the said A. B. at the farthest in case the same shall not be payed or satisfied in his life time 5. And that he the said A. B. shall and will To do further acts to ratifie these Covenants at any time or times during the space of two years next ensuing the Date hereof upon reasonable request and at the cost and charges in the Law of the said C. D. his Executors or Administrators make do seal deliver and duly execute all and every such further Act and Acts Thing and Things Deed or Deeds Assurance or Assurances whatsoever as shall be reasonably devised or required by the said C. D. his Executors or Administrators or his or their Counsel learned in the Law for the ratifying perfecting and sure making of the Covenants Grants Payments and Agreements before in these presents expressed and declared which on the part and behalf of the said A. B. his Executors or Administrators are to be kept performed and accomplished according to the intent and true meaning of these presents So that such Act or Acts Thing or Things Deed or Deeds Assurance or Assurances extend no farther thâ—â— to the said A. B. his Executors or Administrators or the Goods and Chattels of the said A. B. In Witness 6. And the said A. B. for himself his Executors A Covenant for to permit the Wife to make a Will and Administrators doth Covenant and grant to and with the said C. D. and E. F. the Trustees on the Womans behalf that if it fortune the said E. the intended Wife after the said Marriage had and solemnized to die and decease in the life time of the said A. B. That it then shall and may be lawful to and for the said E. at her free will and pleasure to make publish and declare one Will and Testament in Writing under her Hand and Seal and thereby to dispose will give and bequeath to any her Children Servants or Friends for their preferment or advancement any sum or sums whatsoever not exceeding in the whole the sum of Two hundred pounds of the Goods and Chattels which the said E. shall be possest of at the time of the said intended Marriage and if it fortune the said Goods or Chattels after Marriage had to be sold or otherwise disposed of by the said A. B.