Messuage Lands and Premises to pay and satisfie the debts owing by the said A. B. rateably to his Creditors according to their several debts as the same shall be yearly raised out of the said yearly Rents Issues and Proffits Now Witnesseth c. CHAP. III. Containing several Covenants 1. This Indenture c. between A. B. and E. To levie a Fine Sur cogniz de droit come ceo Per. Baron feme his Wife on the one part and C. D. and G. H. of the other part witnesseth that it is Covenanted Granted Concluded and Agreed by and between the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife dâ—th covenant grant and agree to and with the said C. D. and G. H. their Heirs Executors and Administrators by these presents That they the said A. B. and E. his wife shall and will before the end of the Terme of St. Michael the Archangel next ensuing the Date hereof by one Fine with Proclamations in due form of Law to be levied before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster †Or before any other Person or Persons sufficiently and lawfully authorized in that behalfe which is sometimes added Between the said C. D. and G. H. Plaintiffs and the said A. B. and E. his wife Deforciants Recognize and acknowledg All that tho Mannor of c. and all other the Lands Tenements and Hereditaments lying and being in the Parish of B. in the County of C. in which the said A. B. and the said E. his wife or either of them have or heretofore had any Estate or Inheritance in Possession Reversion or Remainder with all and singular the Appurtenances thereof by some Name or Names and Contents and Numbers of Acres in the said Fine to be contained to be the Right of the said C. D. as those which the said C. D. and G. H. have of the Gift of the said A. B. and E. his wife and the same shall thereby remise and quit-claime from them the said A. B. and E. his wife â—nd their Heirs to the said C. D. and G. H. and the Heirs of the said C. D. for ever And moreover shall by the said Fine warrant the said Mannor and Premises with the Appurtenances unto the said C. D. and G. H. and the Heirs of the said C. D. against them the said A. B. and E. his wife and the Heirs of the said A. B. Another more brief for ever 2. This Indenture c. Between A. B. and E. his wife on the one part and C. D. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife doth covenant and grant to and with the said C. D. his Heirs Executors and Administrators that he the said A. B. and E. his wife shall Will on this side and before the Feast of c. next ensuing the Date of these presents or before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster acknowledg and levie one Fine sur cognizance de droit come ceo que il ad de lour done c. with Proclamations according to the forme of the Statute in such Case had and provided to the said C. D of all that Messuage or Tenement and Lands c. by such Name and Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel learned in the Law shall be reasonably devised advised or required 2. This Indenture made c. Between A. B. of Another by several persons severally interessed c. on the first part C. D. of c. on the second part E. F. of c. on the third part and G. H. of c. on the fourth part Whereas the said A. B. is seized in his Demesne as of Fee of and in one parcel of Pasture ground called or known by the Name of D. lying and being in the Parish of F. in the County aforesaid containing by Estimation twenty Acres or thereabouts which he lately purchased of one J. R. of c. And whereas the said C. D. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances and a certain parcel of Meadow grounds lying neer thereunto containing by Estimation six Acres or thereabouts lying and being in F. aforesaid which he lately purchased of one L. M. of c. And whereas the said E. F. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances lying and being in F. aforesaid and a certain Close or parcel of Pasture ground thereunto belonging and adjoyning containing by Estimation Ten Acres or thereabouts which he the said E. F. lately purchased of one R. S. of c. And they the said A. B. C. D. and E. F being of the said Premises so severally seized as aforesaid Now witnesseth these presents that it is covenanted concluded and agreed by and between all the said Parties to these presents That they the said A. B. C. D. and E. F. shall on this side and before the Feast of c. next ensuing the Date hereof in due form of Law levie and acknowledg one Fine sur cognizance de droit come ceo c. with Proclamations according to the Statute in that Case made and provided before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster to the said G. H. and his Heirs of all and singular the Premises with the Appurtenances The Uses by the Name or Names of c. And that the said Fine so to be levied shall be and envre and shall be deemed construed and taken to be and envre and the said G. H. and his Heirs shall by vertue thereof stand and be seized of and in all and singular the said Premises with their and every of their Appurtenances to the several uses hereafter mentioned and declared and in manner and form following That is to say of and in the said parcel of Pasture Land called or known by the Name of D with the Appurtenances thereof to the only use and behoofe of the said A. B. and his Heirs and of in and to the said Messuage or Tenement with the Appurtenances and parcel of Medow grounds to the only use and behoofe of the said C. D. and his Heirs c. and so for the rest 4. This Indenture made c. Between A. B. To levie a Fine in the County of Lancaster of the one part and C. D. and E. F. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between all and every the
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
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
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
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
him sealed and subscribed in the presence of two or more credible Witnesses to alter change inlarge revoke frustrate and make void all every or any of the Use or Uses Estate and Estates herein before expressed limited mentioned declared or appointed to any Person or Persons of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses or in any of them or in any part or parcel of them or any of them and thereof or of any part thereof to create declare limit or appoint any other Use or Uses Estate or Estates to any Person or Persons herein before named or to any other Person or Persons whatsoever in such sort manner and form as the said A. B. shall think meet and convenient and that at all times and from time to time immediately from and after such alteration change enlargement revocation or making void of all or any the said Use or Uses Estate or Estates and Declaration Limitation or Appointment of any other Use or Uses Estate or Estates all and every those Use and Uses Estate and Estates of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses or of or in any part or parcel thereof or such of them which shall be so revoked and declared to be made void as aforesaid shall cease determine and be utterly void and frustrate And that then and from thenceforth the said Fine and all and every other Conveyance and Conveyances Assurance and Assurances whatsoever had or at any time hereafter to be had or made between the said Parties or any of them of the said Mannors and Premisses or of such part thereof whereof such other Use or Uses Estate or Estates shall be so limited or declared as aforesaid shall be adjudged deemed construed and taken to be and inure and the said Cognizees of the said Fine and the Survivors and Survivor of them and the Heirs of the Survivor of them shall immediately from thenceforth stand and be seized thereof and of every part thereof to and for such Use and Uses Estate and Estates intents and purposes and of such Person and Persons and in such sort manner and form as the said A. B. in or by such Deed or Deeds in writing or last Will and Testament in writing to be sealed subscribed and testified as is aforesaid should create declare limit express or appoint and to no other use intent or purpose whatsoever And whereas afterwards Recital del Fine in performance of the Covenants Grants and Agreements in the said recited Indenture mentioned One Fine sur Cognizance de droit come ceo c. was had levyed acknowledged and executed of and for the said Mannors Lands Tenements and Hereditaments and Premisses in the Court of Common-Pleas at Westminster before his Majesties Justices of the said Court by me the said A. B. unto the said C. D. E. F. and G. H. which said Fine was had levyed and acknowledged to the Uses intents and purposes and with and under the several Provisoes Conditions and Limitations in the said recited Indenture mentioned Now know ye that I the said A. 〈◊〉 for divers good The Revocation Causes and Considerations me moving and by vertue of the said Proviso before mentioned and liberty power and authority thereby to me given and reserved Have altered changed revoked determined and made void And by this present Writing being by me signed and sealed in the presence of the Persons under-named do alter change revoke determine and make void all and every the said Use and Uses Estate and Estates Created raised declared limited and appointed by the said recited Indenture and Fine and either of them and by force of the Statute of transferring Uses into Possession of and in the said Mannors Lands Tenements Hereditaments and Premisses and of or in any part or parcel thereof And I the said A. B. The limitation of New uses out of the Fatherly love and affection that I do bear unto R. G. my onely Daughter and Heir apparent now wife to N. G. of c. Esq and to the Heirs of her Body lawfully begotten do by these presents by vertue of the said Proviso in the said recited Indenture contained and the liberty power and authority therein and thereby to me given and reserved as aforesaid Create declare limit and appoint That the said Fine so had levyed and acknowledged as aforesaid of the said Mannors and Premisses herein before mentioned as aforesaid shall be and inure and that the said Cognizees and their Heirs shall stand and be seized of and in the said Mannors and Premisses and of and in every part and parcel thereof to the use and behoof of me the said A. B. for and during the term of my natural life without impeachment of or for any manner of Waste And immediately from and after my decease to the use and behoof of the said R. G. and N. G. her Husband and of the Heirs of the Body of the said R. G. and in default of such Issue to the use and behoof of the right Heirs of me the said A. B. for ever Here may be a Proviso for Revocation of these Uses 3. To all Christian People c. A. B. of c. Another with a more brief recital sendeth greeting in our Lord God Everlasting Whereas in and by one Indenture bearing Date the c. made between me the said A. B. of the one part and I. S. of c. Gent. on the other part There is amongst other things one Proviso contained in these or the like words in effect hereafter following that is to say Provided always c. and to set forth the Proviso word for word As in and by the said recited Indenture more plainly and at large it doth and may appear Now know ye That I the said A. B. pursuant to the said Proviso and the power and authority to me thereby given do by this my present Deed or Writing sealed and subscribed by me the said A. B. in the presence of three credible Witnesses whose Names are hereunto subscribed declare and publish my mind intent and meaning to be to revoke alter make void and frustrate And I do by these presents revoke alter make void and frustrate all and every the Use and Uses Estate and Estates Trust and Trusts in and by the said recited Indenture declared limited and appointed of for and concerning all and every the Mannors Messuages Lands Tenements and other Hereditaments mentioned contained and specified in the said Indenture with their and every of their Appurtenances and of for and concerning every part and parcel thereof And I do hereby further declare limit and appoint That the said Mannors Messuages Lands Tenements and other Hereditaments with Th' appurtenances shall remain and be and that the said I. S. and his Heirs and all and every other Person and Persons standing and being or which at any time hereafter shall stand and be seized of and in the same shall stand and be
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
the said A. B. shall not at any time hereafter make do attempt practice knowledge suffer procure or execute any Act or Acts Thing or Things Conveyance or Assurance whatsoever whereby the said Lands Tenements and Hereditaments of the Gift and Grant of the said D. B. his late Uncle deceased or any part or parcel thereof shall or may in any wise be discontinued bargained sold aliened transferred given granted devised or otherwise passed or conveyed away unto any other Person or Persons whatsoever unless it be to the use and behoof of the said C. B. and his Heirs for ever Nota. There are several Covenants set down before which are not ordinarily used yet there may be sometimes occasion for them CHAP. XVI Containing the several Forms of Joyntures before and after Marriage 1. THis Indenture made the c. Between Upon a Marriage to be had A. B. of the one part and C. D. and E. D. his Daughter of the other part Witnesseth That the said A. B. doth by these presents Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. shall and This Covenant is sometimes used will before the Feast of c. next ensuing the Date hereof marry and take to wife the said E. D. Daughter of the said C. D. if the Laws of the Church will permit the same and the said E. D. shall thereunto consent and agree And the said C. D. for him his Executors and Administrators doth Covenant and grant to and with the said A. B. that the said E. D. shal likewise before the said Feast of c. marry and take to Husband the said A. B. if the Laws of the Church will permit the same and the said A. B. Covenant to stand seized after the Marriage had shall thereunto consent and agree 2. And the said A. B. doth for him his Heirs Executors and Administrators by these presents in consideration of the said Marriage so to be had and solemnized and for the full and entire Joynture of the said E. D. in case she shall happen to over-live the said A. B. And in full For Joynture and in satisfaction of Dower recompence and satisfaction of all the Dower and Title of Dower which she the said E. D. by or after the death of the said A. B. shall or may have to any the Mannors Lands Tenements and Hereditaments whereof the said A. B. shall during the Coverture between him and the said E. D. be seised of any Estate of Inheritance and for the advancement of the said E. D. and of the Heirs Males of the Body of the said A. B. upon the Body of the said E. D. to be lawfully begotten And for divers other good causes and considerations him the said A. B. thereunto moving Doth for him and his Heirs Covenant and grant to and with the said C. D. his Heirs Executors and Administrators in manner and form following That he the said A. B. and his Heirs and all and every person and persons and his and their Heirs which now stand and be seised of and in all that Messuage c. mention here the several Messuages and Lands and of and in every part and parcel thereof shall from and after the said inter-Marriage stand and be seised of all and singular the said Messuages Lands Tenements Hereditaments and other the Premisses with the Appurtenances to the only uses and intents hereafter in and by these presents expressed limited and declared and to no other use intent or purpose whatsoever that is to say to the only use and behoof of the said A. B. and E. for and during the term of the natural lives of them the said A. B. and E. and of the longer liver of them and from and after the decease of the longer liver of the said A. B. and E. to the use and behoof of the Heirs Males of the Body of the said A. B. upon the Body of the said E. lawfully to be begotten and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever Vide Chap. 14. for Covenants 3. This Indenture c. Between A. B. of Another before Marriage the first part C. D. and E. F. of the second part and C. B. Son and Heir apparent of the said A. B. and G. D. one of the Daughters of the said C. D. on the third part Whereas a Marriage is intended to be shortly if God permit had and solemnized between the said C. B. and G. D. Now witnesseth this present Indenture That Consideration in consideration of the said Marriage and of a competent sum of Mony by the said C. D. in hand paid before then sealing hereof to the said A. B. as the marriage Portion of the said G. D. and of the natural love and affection which the said A. B. beareth unto the said C. B. and for provision of maintenance for the said C. B. and G. D. in case the said Marriage take effect And for a competent Joynture for the said G. 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 c. a Vide Sect. 2. He the said A. B. doth Covenant c. to levy a Fine come ceo c. vide Chap. 3. Sect. 1. 2. of such Mannors Messuages c. unto the said C. D. and E. F. 4. And it is Covenanted granted concluded The Uses declared and fully agreed by and between all and every the Parties to these presents That the said Fine to be had and levyed as aforesaid shall be and inure and the said Cognizees therein to be named and the Survivor of them his and their Heirs shall stand and be seized of and in the said Mannors c. to the uses intents and purposes hereafter following that is to say to the end The Son and his Wife to have an Annuity during Fathers life intent and purpose that the said C. B. and G. D. shall and may from and after the said Marriage for and during the Term of their natural lives and the natural life of the longer liver of them if the said A. B. shall and do so long live lawfully and peacably have and receive out of the said Mannors of c. and all other the Premisses one Annual Rent or sum of Two hundred pounds of lawful Moneys of England at two days or Feasts of the year that is to say It the Feast of Th' annunciation of St. Mary the blessed Virgin and of St. Michael Th'archangel by even and equal portions the said Rent to be payed at or in the now dwelling House of the said A. B. scituate and being in c. aforesaid and the first payment thereof to begin at such of the said Feasts as shall next and immediately happen after the said intermarriage had and solemnized
wife who shall likewise appear gratis and vouch to warranty the common Vouchee who shall also appear imparle and make default whereby a perfect Judgment may be had and given against the said C. D. and E. F. and for the said C. D. and E. F. to recover aganst the said A. B. and E. his wife and for the said A. B. and E. his wife to recover in value against the common Vouchee So that a good and perfect Recovery may be had with double Voucher and execution be had and made thereof c. 12. This Indenture c. Between A. B. of the An other with double Voucher the Tenent of the precipe being before made by Deed c. vide Sect. 13. first part C. D. of the second part and G. H. of of the third part Witnesseth that for divers good causes and consideration c. It is covenanted granted and agreed by and between the said Parties to these presents in manner and form following That the said G. H. shall on this side and before the Feast of c. next ensuing the Date of these presents purchase and sue forth out of the High Court of Chancery one original Writ of entry sur disseisin en le post against the said C. D. returnable before the Justices of his Majesties Court of Common Pleas at Westminster at a Time certain in the said Writ to be mentioned And by the said Writ shall demand against the said C. D. all that the Messuage and Lands c. Setting forth the particulars and where they lye By such names qualities and numbers of Acres as by the said G. H. and his Council Learned in the Law shall be devised advised or required Unto which said Writ the said C. D. shall appear gratis and take upon him the Tenancy of all and every the said Messuage Lands and other the Premises with the Appurtenances and shall vouch to warranty the said A. B. who shall appear gratis and vouch to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and after imparle and make default in contempt of the Court so that Judgment shall be given that the said G. H. shall recover the said Messuages Lands and Premises in the said Writ to be contained against the said C. D. and that the said C. D. shall recover over in value against the said common Vouchee And that execution of the said Recovery so to be had shall be made according to the form of common Recoveries in such cases used and accustomed And that the said G. H. C. D. and A. B. and the said common Vouchee and every of them shall and will do execute perform and suffer all and every such Act and Acts thing and things whatsoever as as shall be necessary and expedient for the prosecution of the said Recovery and the execution thereof according to the form and Order of common Recoveries with double Vouchers in such cases used c. 13. This Indenture c. Between A. B. of To make a Tenent to a Precipe by barg sale the one part and C. D. of the other part Witnesseth That the said A. B. for and in consideration of 5s of lawful Money of England to him in hand paid before the sealing and delivery hereof by the said C. D. the receipt whereof the said A B. doth acknowledg And to the end and purpose that the said C. D. may be made a perfect Tenent to a Precipe against whom a common Recovery may be had of the Mannor and Lands hereafter mentioned Hath granted bargained and sold and by these presents doth for him and his Heirs grant bargain and sell unto the said C. D. and his Heirs all that the said Mannor c. To have and to hold the said Mannor Lands and Premises and every part or parcel thereof unto him the said C. D. his Heirs and Assigns for ever to the only use and behoof of the said C. D. his Heirs and Assigns for evermore 14. This Indenture c. Between A. B. of To suffer a Recovery with the recital of the said former deed with double Voucher the first part C. D. of the second part and E. F. on the third part Whereas the said A. B. hath by his Indenture of bargain and sale bearing Date the c. last past before the Date hereof for the consideration therein exprest granted bargained and sold unto the said C. D. and his Heirs all that the Mannor c. to the end of the Habendum which said bargain and sale was made to him the said C. D. and his Heirs to and for the only use intent and purpose that the said C. D. should be sole Tenent of the Premises to a Precipe against whom the Recovery hereafter mentioned might be had in manner and form following Now Witnesseth this present Indenture And it is covenanted concluded and ageed by and between all the said Parties to these presents for the â—selves respectively and their Heirs That before the end of the Term of the Holy Trinity next enâ—uing the Date hereof there shall be at the only cost and chaâ—gâ—s of the said E. F. more brief one Recovery in the nature of a common Recovery for Lands Tenements and Hereditaments in such caâ—es used and accustomed had and executed of the said Mannor c. in his Majesties Court of Common Pleas usually held at Westminster by and in the name of the said E. F. demaâ—dant against the said C. D. Tenent of the said Mannor c. with the appurtenantes who shall vouch to warranty the said A. B. who being vouched shall appear gratiâ— and vouch to warranty the common Vouchee who shall appear gratis and shall enter into the warranty and afterwards make default to the end that a perfect common Recovery shall and may be of the said Mannor Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries for assurance of Lands Tenements and Hereditaments in such cases used and accustomed 15. This Indenture c. Between A. B. of To suffer a Recovery of Lands in sevâ—ral Coâ—nties bâ— several Writs with double Voucher the first part C. D. of the second part and E. F. of the third part Witnesseth That it is covenanted granted and concluded by and between the said Parties to these presents in manner and form following That is to say that the said C. D. †Note he is made Tenent to the Precipe by a former Deed. shall before the Feast of c. now next ensuing the Date hereof suffer the said E. F. to pursue three of the Kings Majesties Writs of entry sur disseisin en le post against the said C. D. before his Majesties Justices of the Common Pleas at Westminster By one of which said Writs of entry the said E. F. shall demand against the said C. D. all that Mannor c. in the County of M. And by
one other of the said Writs the said E. F. shall demand against the said C. D. one Messuage or Tenement with the Appurtenances lying and being in C. in the County of S. and by the third Writ of entry the said E. F. shall demand against the said C. D. All that Capital Messuage c. scituate lying and being in B. in the County of H. By which three several Writs the said Mannor and several Messuages and Lands aforesaid in them respectively to be contained shall be demanded as aforesaid by such name and names quantities qualities and numbers of Acres as by the said E. F. or his Council Learned in the Law shall be thought fit Unto which said several Writs the said C. D. shall appear gratis and after such appearance and defence by him made thereto shall vouch to warranty the said A. B. who shall likewise appear gratis and vouch over to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and after imparle and make default whereupon the said E F. shall have Judgment to Recover the said several Mannor Messuages Lands and Tenements before mentioned against the said C. D. and that the said C. D. shall recover over in value against the said A. B. and that the said A. B. shall have Judgment to recover over in value against the common Vouchee And it is likewise An other Writ for London by Writ of Right Patent concluded and fully agreed by and between the said Parties to these presents that the said C. D. shall likewise suffer the said E. F. to pursue the Kings Majesties Writ of Right Patent against the said C. D. to be returnable and returned before the Major and Sheriffs of the City of London in the Court of the Hustings of the said City by which Writ of Right the said E. F. shall demand against the said C. D All those several Messuages lying and being in c. within the said City by the name of three Messuages and two Gardens with the Appurtenances of them and every of them in the Parish of St. H. within the said City And that at the day of the return of the said Writ the said C. D. shall appear thereunto and after defence made shall vouch to warrant the said A. B. who shall likewise appear and enter into the warranty and shall vouch to waranty the common Vouchee who shall likewise appear imparse and make default and depart in despight whereby the said E. F. shall have Judgment according to the Laws and Customs of the said City to recover the said three Messuages and two Gardens against the said C. D. and for the said C. D. tâ— recover in value against the said A. B. and for the said A. B. to recover in value against the said common Vouchee 16. This Indenture c. Between A. B. of To suffer a Recovery with single Voucher the one part and C. D. of the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said Parties to these presents that the said C. D. shall before the Feast of c. purchase and sue forth against him the said A. B. at the proper cost and charges of the said C. D. one original Writ of entry sur disseisin en le post returnable before his Majesties Justices of the Court of Common Pleas at Westminster and shall thereby demand against the said A. B. all that the Messuage Lands c. by such name or names quantities and numbers of Acres as the said C. D. or his Council shall advise or require Unto which said Writ to be purchased the said A. B. shall appear gratis and shall vouch to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and Imparle and make default that thereupon Judgment may be given that the said C. D. shall recover the said Messuage Lands and Premisses with the Appurtenances against the said A. B. and that the said A. B. shall recover in value against the common Vouchee so that a perfect Recovery may be thereupon had And that the said Parties to these presents and the said common Vouchee shall at the cost and charges in the Law of the said C. D. make do suffer and execute all and every matter and thing matters and things whatsoever meet necessary and expedient for the prosecution of the said Recovery according to the Course of Common Recoveries with single Voucher c. 17. This Indenture c. Between A. B. on An other with single Voucher more brief the one part and C. D. of the other part Witnesseth that it is covenanted concluded and agreed by and between the said Parties o these presents for them and their Heirs that before the end of the Term of the Holy Trinity next ensuing the Date hereof there shall be at the only cost and charges of the said C. D. one Recovery with single Voucher in the nature of common Recoveries for Lands Tenements and Hereditaments in such Cases used and accustomed had and executed in his Majesties Court of Common Pleas usually holden at Westminster of all that Mannor c. against the said A. B. Tenent of the said Mannor and Premises with the Appurtenances who therein shall vouch to warranty the common Vouchee who thereupon shall appear gratis and enter into the warranty and afterwards make default to the end that one perfect Recovery shall and may be of the said Mannor Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries for assurance of Lands Tenements and Hereditaments in such Cases used and accustomed c. 14. This Indenture c. Between A. B. and An other with single Voucher by a man and his Wife E. his wife of the one part and C. D. of the other part Witnesseth that the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators covenant and grant to and with the said C. D. his Heirs and assigns by these presents That he the said A. B. and E. his wife shall and will permit and suffer the said C. D. to prosecute one Writ of entry sur disseisin en le post against them the said A. B. and E. his wife of and for all that Mannor c. with their and every of their Appurtenances by such name or names quantities and numbers of crâ—s and in such sort manner and form as by the said C. D. or his Council learned in the Law shall be reasonably devised advised or required The which said Writ of entry so as aforesaid or in any other manner to be brought shall be returnable in such Court or Courts and before such Judges or Justices as the said C. D. or his Council learned in the Law shall advise or direct befâ—re the end of Michaelmas Term now next coming after the Date of these presents
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
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
will sell convey and assure the said Mannor of C. with the rights members and Appurtenances Lands and Tenements thereunto belonging and every part thereof late the Inheritance of the said E. B. deceased for the best benefit profit and advantage which shall or may be bon â fide had or gotten for the same And that the money to be raised by every such sale and as Disposal of the moneys raised by sale every such sale shall be made shall be forthwith paid and disposed of by the said C. D. and E. F. and the survivor of them and his Heirs as followeth That is to say so much money thereof to the said A. B. his Executors or Administrators as according to the true yearly value of the said Mannor and Lands shall come to Five years and a halfs purchase And the residue of the moneys to be raised by such sale as aforesaid shall be disposed of for and towards the payment of the Debts of the said C. B. and sums of money mentioned in the Schedule hereunto annexed And for and towards the payment of such Legacies as the said C. B. shall by his last Will and Testament Devise and bequeath if any overplus remain after that the said Debts are fully satisfied and paid And in default of such Devise or bequest to the Executors or Administrators of the said C. B. and upon further trust and confidence that the To have the Profits until Sale said A. B. his Executors Administrators or Assigns shall or may have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannor Lands and Premisses hereby limited and intended to be sold until such sale shall be made thereof as aforesaid 11. Provided always and it is the true Uses as to part to be void upon non-payment of a sum to the younger Son of A. B. intent and meaning of these presents That if the said D. B. or such other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannors of A. and B. his their or some of their Heirs or Assigns shall not within Two years next after the decease of the said A. B. and C. B. or the survivor of them well and truly pay or cause to be paid unto the said I. B. second Son of the said A. B. if he the said I. B. shall and do so long live the sum of Two Thousand pounds of good and lawful money of England That then and immediately after such default of payment all and every the Use and Uses herein before declared and limited as for and concerning the said Mannors of A. and B. shall cease and be void And then also and from thenceforth the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered and the Recoveror New Use to the younger Son until he hath raised the sum appointed to him and Recoverors therein named his and their Heirs shall stand and be seised of and in all and singular the said Mannors of A. and B. to the use and behoof of the said I. B. his Heirs and Assigns until he or they shall or may out of the Rents Issues and Profits thereof have fully levied and received the said sum of Two Thousand pounds together with consideration after the rate of Six pounds per Centum per annum for the forbearance thereof from the end of the said Two years next ensuing the deaths of the said A. B. and E. B. or the survivor of them and all damages costs and charges which he the said I. B. his Heirs Executors or Administrators shall sustain or be put unto in or about the Recovering of the said Premisses or the said sum of Two Thousand pounds or any part thereof or in or about any Suit concerning the same And from and after such time as the said I. B. his Heirs or Assigns shall or without fraud or covin might have received the said Two thousand pounds together with consideration for the forbearance thereof as aforesaid and all Charges Expences and Damages as aforesaid touching or in any wise concerning the same out of the Rents Issues and Profits of the said Mannors of A. and B. That then and from thenceforth the said Recovery and Recoveries After the sum satisfied the Uses to be as before shall be and inure as to the said Mannors of A. and B. And the Recoveror and Recoverors therein to be named his and their Heirs and Assigns shall stand and be seised thereof and of every part and parcel thereof to the use of such person and persons and of such Estate and Estates to whom the said Mannors ought to have come and remained by the true intent and meaning of these presents in case the said last mentioned Proviso for touching or concerning the said I. B. or any matter or thing whatsoever therein contained had never been 12. And it is further Covenanted granted The Uses of the Mannor of D. concluded declared and fully agreed by and between all the said Parties to these present Indentures for them and their Heirs respectively and the true intent and meaning of these presents and of all the Parties thereunto is That as to for touching and concerning the said Mannor of D. late part of the Inheritance of the said E. B. with the Rights Members Appurtenances Lands Tenements and Hereditaments thereunto belonging The said Recovery and Recoveries so as aforesaid or in any other manner to be had and suffered And all other Recoveries Conveyances Fines Feoffments and Assurances in the Law whatsoever since the Death of the said E. B. late the Wife of the said A. B. had made levyed suffered acknowledged or executed or to be had made levyed suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereto they or any of them shall be Parties of for or concerning the said Mannor of D. or any part or parcel thereof either solely or together with other the said Mannors Lands Tenements and Hereditaments or any of them shall be and inure and shall be adjudged deemed esteemed reputed and taken to be and inure to the uses behoofs intents and purposes as to the said Mannor of D. with the Rights Members and Appurtenances thereof and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed that is to say To the use and behoof To C. B. for life and after to his wife for life of the said C. 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 his decease to the use and behoof of M. B. his Wife for and during the term of her natural life And from and after the decease of the Survivor of them the said C.
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
Arcana Clericalia or The Misteries of Clerkshipp As to the Sure Settlements of Estates by Deeds Fines Recoveries â—â— With the Formes of all manner of Charterparties in Maritime Citties Townes and Corporations by George Billinghurst of Grayes Inn Esq Printed for H. Twyford in Vine Court in the Middle Temple Arcana Clericalia Or THE MYSTERIES OF Clarkship BEING A sure way of Setling Estates By DEEDS FINES and RECOVERIES With the Forms of all manner of Charter-Parties in Maritime Cities Towns and Corporations WITH A TABLE of all the Principal matters therein contained By George Billinghurst of Grayes-Inne Esq LONDON Printed for Henry Twyford in Vine-Court Middle-Temple 1674. TO THE Practitioners and Students OF THE Common LAW OF ENGLAND Especially such as would be throughly Acquainted with Conveyancing WIthout the least Flattery to the Memory of our deceased Author I may boldly say His indefatigable Labours need not be usher'd into the World with studied Eulogyes And I doubt not but you will concur with me in the same Opinion when you have perus'd this Book and confess his own Labours to be his greatest Commendation Touching the Subject matter it contains the several Forms of Settlements of Estates to Uses with power for Cestuy que use for Life and in Tayl to make Joyntures Leases and Grants of Rents Likewise the Forms of Limitation of Uses for Years for payment of Debts discharge of Sureties and raising of Portions for Younger Children It also treats of Limitation of Uses in Fee for the Lands to be sold to pay Debts c. With several forms of Revocation of Uses and limitingVses de novo and of Covenants with other Incidents to the like Conveyances Besides these there are other most useful Presidents relating to Merchants and Traders Affairs fit for all Maritime Cities Towns and places of Trade The whole Work is so Methodically digested by the Author that any Person who is not a meer stranger to the Law may make great use and advantage thereof and speedily and readily find any particular matter therein contained As to the Author I shall only say thus much in general of him viz. That Hâ—spent a considerable time in the study of the Law at Grays-Inne and being unwearied in searching after all opportunities to improve his knowledge He at length was call'd to the Barr and gain'd in a little time the Vogue of being a profound and judicious Counsellor His Apprehension was alwaies quick his Judgment deliberate solid and not wavering of a clear discerning faculty his Memory sound and his Patience the truest index of a Wise man alwaies commanded his Passions in short He was a Person of exquisite natural and acquired Parts and that which much contributed to the latter was his great Moderation and Temperance whereby his study and business glided in their delighted Channels uninterrupted Being at length wearied with Business he retir'd into the Country where having finish'd this Elaborate Work he dyed Since whose death his Manuscript being left to the Guardianship of a Friend and committed into my hands in order to be made Publick for the further advantage of such as would be perfect in the setling of Estates I have hereunto added the Learning touching Fines and Recoveries hoping the Ingenious will be moderate in their Censures And if I have in this done any thing to your Advantage it will answer the pains of him that is Your Servant W. B. An ANALYSIS of the whole Art of Conveyancing Deeds are either Indented of two parts three parts or more or Poll in 1st Person or 3d Person And consists of Grants which are Constitutive or Creating what was not before as The first Grant of A Way A Rent Estate Tayl for life for years Warranty c. And are Absolute or Conditional or Conveying whereby Estates already made are conveyed to others or Discharges and are Remissory or Liberatory which releaseth or dischargeth something in being as Releases Defeazances Acquittances Ordinary Deeds by which Lands usually pass are Feoffment Bargain and Sale Gift or Grant Lease Assignment Exchange Surrender Confirmation Release Indenture to lead uses of Fines or Recoveries Covenant to stand seized to uses Revocation and new Declaration All or most of which have formal and orderly parts viz. 1. The Premisses unto the Habendum including 1. Grantor 2. Grantee 3. Thing granted By apt and proper Names and descriptions Which are certain in themselves or Which by reference may be reduced to a certainty 4. Exception by the words Excepted Excepting Besides Saving Save only c. Which must be 1. A Particular out of a General 2. Part of what is granted not all 3. That which may be severed from the thing granted and not an inseparable incident thereto 5. Recital of something antecedent 2. The Habendum whose office is to set down 1. The Grantee and 2. Certainty of Thing Estate and Life granted and to what use 3. The Reddendum which reserves some new thing to the Grantor c. And is usually made by the words Yielding Paying Doing Reserving Finding c. And reserves what was not before or Abridges the Tenure of what was before 4. Warranty 5. The Covenants containing the terms of Granting and Holding being either Real or Personal And Inherent or Collateral And must contain things to be done Lawful and Possible 6. The Conditions which are Precedent or Subsequent To the Estate and are Affirmative Negative Collateral Inherent Restrictive Compulsory Single Copulative Disjunctive And make the Estate whereto they are annexed Void without or Voidable by Entry or Claim Or tend to make and enlarge or destroy or Clogg Estates 7. The Conclusion To the making of a good Deed are required 1. Legible and formal Writing in Paper or Parchment before Sealing and Delivery 2. Capable Persons not disabled by Law as Donors that are Persons attainted of Treason Felony Premunire Infants Madmen Idiots Femes Covert Aliens Deaf blind and dumb from Nativity Except in several special cases and things Donees as Monks Fryers c. 3. A thing to be granted and passed 4. By proper and sufficient Names and descriptions of 1. Grantor 2. Grantee 3. Thing Granted Which must be grantable In its own Nature and And by him that grants it And is either ☞ Corporeal and Immovable as Houses Lands Woods c. And are grantable in Fee Tayl for Life Years c. And assignable from man to man Or Incorporeal as Rents Services Advowsons Presentations Reversions Remainders Offices Licenses Franchises Commons c. Whereof some are 1. Grantable at their first Creation but not assignable after as Great Offices of Trust Judicial Offices Licenses Authorities c. 2. Assignable always 3. Intirely but not in part 4. Intirely or in part 5. To any Body 6. But to special Persons 7. Something 's incident to others not grantable without the things to which they are incident Or Chattels either Real as Leases for years present or to come Extent c. or Personal as Oxen Horses Plate
c. 5. True Reading or declaring to a blind or illiterate Person if required 6. Sealing and Delivery by the maker or his Authority Absolutely and positively to or to the use of the Party or Conditional and as an Escrow to another 7. To an honest end and not by unlawful Contract or made by Force or Fraud 8. Due Ceremony as Attornment Livery of Seisin Intolment A Deed when well made read sealed and delivered may be void or voidable when got by Force Fraud Corrupt agreement Or may be mar'd by Rasure Interlining Addition Breaking the Seal Defacing Judgment of Court c. Arcana Clericalia OR The Mysteries of Clerkship Containing the Forms of Settlement of Estates to uses with power to make Joyntures Leases Grants c. The First Part. CHAP. I. Some Observations taken out of our late Reports and Books touching the Law of Conveyances in general 1. A Bargains and sells to B. a Mannor Fine joyned with other assurances extinguisheth not a condition c. and Covenants to suffer a Recovery and levie a Fine for better assurance of the Mannor and that all Estates assurances and conveyances after to be made of the said Mannor should be to the uses in the said Indenture c. And in the said Indenture there is a Proviso that B. the Bargainee shall do such an Act c. And it was resolved that this Proviso amounts to a condition in Law to defeat the whole Estate and although A. and B. after levied a Fine to a third Person in reference to the Covenant aforesaid yet it was resolved that the Fine did not extinguish the said condition for it was as an assurance and was to be guided by the Indenture Cook lib. 2. 72 73. Lord Cromwels case vide Dyer 157. pag. 28 29 30. 2. Also it was resolved in the said Cromwells case Several conveyances c. do make but one assurance in Law fo 75. a. that the said bargain and sale and Recoverie and Fine although made suffered and levied at several times do make but one assurance in Law of the Mannor according to the same original bargain and contract and every of them tend to perfect the said Bargain and Sale and none of them to destroy any part of it or to subvert the true intent of the Parties As if a man makes a Lease for life of Lands in several Counties and first makes livery in one County and divers daies after maketh livery in another County yet the Rent reserved upon the Lease shall issue out of the Lands in both Counties although the livery by which the estate passed was made at several times And therefore it might be objected that presently upon the first livery the Rent should issue out of it but the Law shall not judge by parcels in subverting of the intent and agreement of the Parties but after all the Acts are done in performance of the original contract and agreement of the Parties the Law shall adjudge upon all as executed at the same time So if one make a deed of Feoffment with warranty and deliver the deed to the Feoffee and after at another time maketh livery secundum formam Charta yet the warranty is good although when the deed was delivered no estate passed to which the warranty might be annexed yet notwithstanding praxis juris pâ—â—storum is to be observed Et qui rationem in omnibus quarunt raâ—ionem subvertunt Cook l. 2. 75. a. Conveyances to be so construed that they may take effect 3. A Conveyance shall have such construction that it may take effect ut res magis valeat quà m pereat If Tenant for life and he in Remainder or Reversion joyn in a Feoffment by deed each one of them passeth his estate viz. the Lessee for life his estate by the livery and the Fee-simple moveth or passeth from him in Remainder or Reversion but if the Feoffment had been by Paroll then it should have been the Feoffment of him in Remainder or Reversion and a surrender of the Lessee for life for otherwise nothing should pass by Paroll Cook lib. 2. Fine works to corroborate a former estates and makes no discontinuance fol. 15. 4. Tenent in Tail by deed inrolled bargains and sells an house to another and his heirs and after the Tenant in Tail levies a Fine with Proclamations to the Bargainee of the same house Resolved 1. That by the Indenture of bargain and sale inrolled the Bargainee had an Estate descendible to his heirs but it was determinable by the death of the Tenant in Tail 2. Resolved that the Fine here levied to the Bargainee doth not make a Discontinuance of the Remainder in Tail nor doth any Estate of Free-hold pass by the Fine but only the Fine with the Proclamations doth corroborate the Estate of the Bargainee and the Stat. of 4 H. 7 chap. 24. and 32 H. 8. cap. 36. makes his Estate more perdurable being after the Fine determinable only upon the death of Tenant in Tail without issue but if the Fine had been levied before the bargain and sale inrolled it had been a discontinuance but in the case before it was not because it operated only upon the Estate which passed precedent Cook lib. 10. fol. 96. Edward Seymors case 5. Nota a diversity when a man hath two wayes Two waies to pass an Estate hoâ— taken to pass Lands and both of them by the Common-law and intends to pass them by one of those wayes yet ut res magiâ— valcat it shall pass by the other As if a man be seized of two Acres of Land in Fee and lettath one of them for Years and makes a Charter of Feoffment of both and maketh livery only of the Acre in possession in the name of both only the. Acre in possession passeth but if the lessee for years after doth attorne then both shall pass because he is by the common Law in the Per as to both but when a man may pass Lands either by the common Law or by raising of a use and setling of it by the Statute there in many cases it is otherwise As if the Father makes a Charter of Feoffment to the Son and a letâ—er of Attorney to make livery if no livery be made no use shall arise unto the Son because then he should be in by the Statute in another degree viz. in the Post and the intention of the Parties is much in the raising of uses Cook upon Lit. 49. a. 6. One sells unto another certain Lands by Acts done for further assurance referre to the Original agreement deed indented upon condition of Reentry upon non-payment of 20 l. and that all assurances shall then be to him and his heirs and Covenants to make other assurances and that they shall be to the use in the Indenture afterwards he makes a Feoffment to the same bargainee to the use of him and his heirs and afterwards levies a Fine to him which was to the uses in
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
and become Tenants unto the said C. D. his Heirs or Assigns of and for their several and respective Tenements whereof or wherein they or any of them have or hath any particular Estate or Estates in being and which are parcel of the Premises before mentioned to be granted 25. And the said A. B. for himself his Heirs Covenant to produce Writings c. for defence of the Title of the thing sold Executors and Administrators doth covenant grant and agree to and with the said C. D. his Heirs and Assigns by these presents That if the said C. D. his Heirs or Assigns shall at any Time or Times hereafter have need or occasion to plead shew forth or give in evidence any Letters Patents Deedâ— Evidences or Writings whereof the said A. B. hath covenanted to deliver Copies as aforesaid and which are not hereby bargained or sold of him the said A. B. touching or concerâ—ing the Premisses or any part thereof for the maintenance or defence of the Title of the said C. D. of in and to the Premisses or any part thereof or for any other just or reasonable occasion in any wise touching or concerning the Premises or any part thereof That then and so often the said A. B. his Heirs and Assigns upon request in that behalf to be made by the said C. D. his Heirs and Assigns and at the cost and charges of the said C. D. his Heirs and Assigns shall and will produce and shew forth or cause to be produced and shewed forth all and singular the said Letters Patents Deeds Evidences and Writings or so many of them as shall be thought needful by the said C. D. his Heirs or Assigns in any Court or Courts of Record or elsewhere for the maintenance or defence of the Title of the said C. D. of in â—r to the said bargained Premisses or any part or parcel thereof of for any just or reasonable cause as aforesaid and shall and will permit and suffer the same there to remain so long as the said C. D. his Heirs or Assigns shall have occasion for the necessary use thereof 26. And it is covenanâ—ed granted concluded Covenant to pay back purchase money upon Eviction of the thing and fully agreed by and between all the said Parties to these presents And the said A. B for him his Heirs Executors and Administrators and for every of them doth covenant grant and agree to and with said C. D. his Heirs and Assigns by these presents That if it shall happen at any Time or Times hereafter within the space of Ten years to be computed from the Day of the Date hereof the said Messuage or Tenement and other the Premises herein before mentioned to be bargained and sold or any part or parcel thereof upon any prior or former Title to be by any person or persons whatsoever recovered or otherwise lawfully evicted from the said C. D. his Heirs or Assigns by due Course of Law or that any decree in or upon any Bill of Complaint in Court of Equity shall pass or be made or that any Judgment in any suit or Action real or personal shall be given against him the said C. D. his Heirs or Assigns whereby his and their Title of in and unto the said Premises or any part or parcel thereof may be in any wise avoided adnulled or defeated That then and in such Case he the said A. B. his Executors or Administrators next after such Recovery Eviction Decree or Judgment so to be had given or passed as aforesaid shall within six Months notice thereof to be given and reasonable request in that behalf to be made unto him the said A. B. his Executors or Administrators pay or cause to be paid unto the said C D. his Heirs or Assigns so much lawful money of England as the said Premises or any part thereof so happening to be Evicted or Recovered or whereunto the Title of the said C. D. his Heirs or Assigns so shall be in any wise avoided annulled or defeated as aforesaid shall amount unto after the Rate of 18 Years purchase for the yearly value thereof according to the Rate that the same was valued at upon the purchase To pay back part of the purchase money which was paid in case the Purchaser dislike after two Years thereof by him the said C. D. as aforesaid 27. And the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said C. D. his Heirs and Assigns by these presents That if the said C. D shall at any Time within the space of two Years next ensuing the Date hereof dislike of the purchase of the said Messuage Lands and Premises and thereof within the Time aforesaid shall give notice in Writing unto the said A. B. his Heirs Executors or Administrators That then he the said A. B. his Heirs Executors or Administrators and shall will within three Montths after such notice given and after a Reconveyance made thereof by the said C. D. his Heirs or Assigns unto the said A. B. his Heirs or Assigns free from all Estates Charges and Incumbrances whatsoever had made or suffered by the said C. D. his Heirs or Assigns at the cost and charges of the said A. B. his Heirs or Assigns in such manner and form as the said A. B. his Heirs or Assigns or his or their Counsel shall reasonably advise well and truly pay or cause to be paid unto the said C. D. his Heirs or Assigns for their purchase of the Premises the Sum of c of lawful Money of England at the now dwelling House of the said C. D. scituate in G. aforesaid Provided alwaies that if the said C. D. his Heirs or To pay a further sum if the Purchaser like the Premises Assigns shall not within the space of two Years signifie as aforesaid his dislike of the said purchase That then he the said C. D. his Heirs oâ— Assigns shall and will pay or cause to be paid unto the said A. B. his Heirs or Assigns the further sum of c. of lawful Money of England over and above thr moneys by him already paid for the clear and absolute purchase of the said Messuage Lands and Premises within one Month after the end or determination of the said two Years 28. To all c Know ye that the said A. Covenant not to claim dower with a Release B. for and in consideration of the Sum of 500 l. of lawful Money of England to her in hand paid before the sealing and delivery hereof by C. D. of c. who lately purchased of E. B. since deceased late Husband of the said A. B. A Messuage and Lands lying and being c. whereof he the said E. B. was seized of some Estate of Inheritance during the Coverture between him the said E. B. and the said A. B. The Receipt whereof the said A. B. doth hereby acknowledg Hath covenanted granted concluded and agreed
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
be utterly void and of none effect 16. To the use and behoof of the said Other contingent uses A. B. for 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 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. his wife Then to the use and behoof of such of the Children between them the said A. B. and E. his wife to be begotten and for such Estates as the said E. by her last Will and Testament or by any other Writing To such persons as the Wife by her Will shall appoint to be seald and subscribed by the said E. B. in her life time in the presence of two or more credible Persons shall limit nominate and appoint And if no such limitation nomination or appointment shall be made by the said E. B. in her life time then to the use of the Heirs of the Bodies of the said A. B. and E. ◠between them lawfully to be begotten And for want of such Issue to the use of the right Heirs of the said A. B. for ever To the use and behoof of such Person and Persons and for such Estate To such as the Husband appoints by Will and Estates and for such part and parcel of the Premisses as the said A. B. shall by his last Will and Testament in Writing in the presence of two or more credible Persons appoint limit or declare and for default or want of such Declaration Limitation or Appointment or for such Part of the Premisses whereof no such Declaration Limitation or Appointment shall be to the use and behoof of c. CHAP. VIII Power given to Cestuy que use for life to make Joyntures Leases c. 1. PRovided always and it is concluded To settle a Joynture upon future Wife or Wives and agreed by and between the said Parties to these presents for them and their Heirs That if the said A. B. being a person to whom an Estate was limited for life with remainders over shall fortune to over-live the said E. B. his now wife and do after intend to marry again That then and from thenceforth it shall and may be lawful to and for the said A. B. at all times during his natural life to assign limit or appoint such and so much of the said Mannor of C. with Thappurtenances and of the said Lands Tenements Rents Reversions Services and Premisses in C. aforesaid as he the said A. B. shall think fit so that the same exceed not the clea◠yearly value of One hundred pounds by the year over and above all Charges and Reprises to and for the use of any Woman who shall fortune to be his lawful Wife at the 〈◊〉 of his decease for and during the Term of the natural life of such wife for and in the name of her Ioynture And that from and after such use limitation or appointment so to be made to or for any such Wife All and every the said Assurances and Conveyances of the Premisses in C. aforesaid so to be had made and executed as is aforesaid concerning such and so much thereof only whereof any such appointment or limitation by virtue of this Proviso shall be so had or made shall be and inure and the said C. D. and E. F. who are Cognizees or Feoffee◠c. and their Heirs and the Survivors and Survivor of them and his and their Heirs shall stand and be seized thereof to the use of such wife for and during the term of her natural life according to the true intent and meaning of such limitation or appointment any thing in these presents contained to the contrary thereof in any wise notwithstanding And after such use or Estate ended or determined then to the use of every such person and persons and in such manner and form and with such Remainders Over-uses and Limitations and under all and every such Conditions and Provisoes as the same should have been if no such limitation or appointment by virtue of this Proviso had been made limited or appointed Or thus And after the end or determination of Estate to the use of such Person and Persons to whom the same ought to remain by the true intent and meaning of these presents 2. To the use of the said A. B. being the Another Feoffor for and during the term of his natural life and from and after his decease to the use and behoof of the said C. B. son and heir apparent of the said A. B. for and during the term of his natural life with remainders over in Tail Provided alwaies and it is hereby declared and agreed by and between all and every the Parties to these presents and the true intent and meaning of them and of these presents is That for the better advancement and preferment in Marriage of the said C. B. it shall and may be lawful to and for the said C. B. at any time or times during the term of his natural life by Indenture or by any Deed or Deeds Writing or Writings to be by him the said C. B. sealed and subscribed in the presence of two or more credible witnesses to declare limit and appoint all or any the said Mannors Messuages Lands Tenements Rents Hereditaments and Premisses with their appurtenances to or for the Ioynture of any Wife or Wives with whom the said C. B. shall hereafter intermarry for the life or lives of such Wife or Wives or for any number or term of years determinable upon her or their life or lives the same to take effect from and after the death of the said C. B. And that then and so often and from thenceforth the said Recovery or Recoveries shall be and inure and the Recoveror and Recoverors therein named his and their Heirs of and in the said Mannors Messuages Lands Tenements and Hereditaments or of or in so much or such part thereof of for or concerning which such Indenture Deed or Deeds Writing or Writings shall be made by the said C. B. as aforesaid for the Ioynture of such wife or wives shall stand and 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 true intent and meaning of the same Indenture Deed or Deeds and Writing or Writings and according to the intent and true meaning of these presents And after the end or determination of such Estate to the use c. vide Sect. j. of this Chapter 3. Provided alwaies and it is Covenanted Another to settle by Deed or last Will for a Joynture and agreed by and between the said Parties to these presents that it shall and may be lawful to and for the said A. B. the Father at any time or times hereafter during his life by his last Will and Testament in
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
part or parcel thereof in or by his or their or any of their Deed or Deeds Indented by him or them to be seal'd subscribed and duly executed in the presence of two or more lawful and credible Witnesses at the least or by his their or any of their last Will and Testament in writing by him or them to be seal'd and subscribed and pronounced or affirmed to be his or their last Will or Wills in the presence of two or more credible Witnesses to appoint limit give or devise any part of such and so much of the said Mannors Messuages Lands Tenements Hereditaments and Premisses with the Appurtenances as he or they shall then so stand and be seised of as is To settle a Joynture not exceeding 200 l. per ann aforesaid not exceeding in ancient yearly value or Rent the sum of two hundred pounds by the year to or for any Woman or Women which they or any of them shall at any Time or Times hereafter lawfully espouse marry or take to his their or any of their Wife or Wives for her or their Ioynture or in satisfaction of Dower during the natural life or lives onely of such Woman or Women so as the said Gift Devise Limitation or Appointment for Ioynture or Ioyntures be not made without impeachment of Wast by any special Covenant clause or matter for that purpose to be contained in any such Deed or Deeds or last Will. And it is further graâ—ted condescended and fully agreed unto by and between The Cognizees c. to stand seized to the use of Lessees c. all and every the Parties to these presents for them and their Heirs that the several Fines and Recoveries before in and by these presents Covenanted mentioned meant intended or specified to be had made acknowledged â—â—vyed or suffered of the Premisses and of every or any part or parcel thereof shall be judged construed deemed and taken to be And also that they the said C. D. E. F. c. and their Heirs and the Survivor and Survivors of them his and their and every of their Heirs shall stand and be seized Of for and concerning such and so much of the said Mannors Lands Tenements and other the Premisses as shall be so Demised Letten or Devised for any Term of years as aforesaid and according to the true intent and meaning of these presents To the use and behoof of all such and so many of the Person or Persons and of their Executors Administrators and Assigns to whom such Demise or Demises Lease or Leases Devise or Devises for any such term or terms of years shall be made according to the intent and true meaning of every such Demise Lease or Devise so thereof to be made and in such sort as shall be limited expressed or intended in or by such Demise Lease or Devise To have hold and enjoy the things to him or them so to be Demised Leased or Devised for and during only such and so long time or term or terms for the which such Demise or Demises Lease or Leases Devise or Devises shall be so made as aforesaid so as every such Person or Persons to whom such Demise or Demises Lease or Leases Devise or Devises shall be made as aforesaid and his and their Executors Administrators and Assigns having sufficient notice and knowledge to whom the same by the true intent and meaning of these presents shall So as they pay their Rents of right belong and appertain shall well and truly pay or cause to be paid to such Person or Persons for the time being to whom the next and immediate Reversion or Remainder of the thing or things to him or them so to be Demised Letten or Devisâ—d shall during such term or terms appertain the yearly Rent or Rents in or by such Demise Lease or Devise to be reserved or mentioned to be reserved at the day or days and according to the clause of Reservation therein to be contained limited and appointed or within one and twenty days at the furthest next after lawful demand made of and for the said Rent or Rents at the time or times when the same shall be due and payable according to the purport and true meaning of such Demise or Demises Lease or Leases Devise or Devises And that of for Cognizees to stand seized to the use of Wife or Wives c. and concerning such of the Premisses aforesaid as shall be by the said C. B. or any Issue Male of his body or the Issue Male of such Issue according to the purport effect and true meaning of these presents limited appointed given disposed or devised to or for the Ioynture or Ioyntures of any such Woman or Women which they or any of them shall lawfully marry as aforesaid To the use and behoof of every such wife or wives for and during the term of the natural After the Leases c. determined then to the former uses life or lives of such wife or wives And as the said several Vses Provisions and Limitations herein before expressed by the true meaning and intent of these present Indentures shall severally end and determine Then to the use of such Person and Persons as by the true intent and meaning of any the Limitations aforesaid should or ought to have had the same if no such Limitation Guift Lease Devise or Appointment had been done or made and for such Estate and Estates and in such order form course quality and degree and with such Remainder and Remainders thereof over and by upon and under such Provisoes and Limitations as are hereni before setforth and declared 13. Provided alwaies and it is further Another to Lease I and setled in Joynture at the Rents agreed upon in a Schâ—dule Covenanted granted concluded and fully agreed by and between all and every the said Parties to these presents and it is the true intent and meaning of these presents and of the Parties to the same that it shall and may be lawful to and for the said A. B. at all and every time or times hereafter when and as often as it shall please him by any Writing or Writings to be sealed and subscribed by and with the Hand and Seal of the said A. B. and by and with the Hand and Seal of the said E. his wife and whereunto the said E. shall be Party in the presence of three or more sufficient Witnesses and not otherwise And also that it shall and may be lawful to and for the said A. B. at any time after the decease of the said E. by any Writing or Writings by him to be sealed and subscribed in the presence of three or more sufficient Witnesses and not otherwise to make any Lease or Leases Demise or Demises of so much of the said Mannor of D. and other the Premisses in D. aforesaid as is limited or appointed to or for the Ioynture of the said E. or of any part or parcel thereof to any
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
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
c. Esq and C. B. of c. Son and Heir apparent of the said A. B. and of E. B. deceased late the Wife of the said A. B. and sole Daughter and Heir of E. H. of c. deceased of 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. is seized in his Demesue as of Fee of some part of the Mannors Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the Courtesse of England of other the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion whereof in Fee-simple being descended by and after the decease of the said E. B. unto the said C. B. Now to the end intent and purpose That the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned and expressed may be established vested and setled in and unto the said A. B. during the Term of his natural life and after his decease upon the said C. B. and upon his Name Stock and Posterity and to such other Uses as are hereby appointed 8. It is Covenanted granted condescended Covenant to levy a Fine concluded and fully agreed by and between the said Parties to these presents And the said A. B. and C. B. do for themselves their Heirs Executors and Administrators Covenant promise grant and agree to and with the said C. D. and E. F. their Heirs Executors and Administrators and to and with every of them by these presents That they the said A. B. and C. B. shall and will on this side and before the end of Michaelmass Term now next ensuing in due form of Law c. Let it be a Covenant to acknowledge a Fine Come ceo c. a Vide before Chap. 3. The use of the Fine to make Cognizees Tenants to a Precipe to G. H. and I. K. of the Mannors of A. B. C. and D. which said Fine or Fines so as aforesaid or in any other sort to be levyed and acknowledged shall be and inure and shall be deemed adjudged esteemed reputed and taken to be and inure to the use of the said G. H. and I. K. and their Heirs to the end intent and purpose that they the said G. H. and I. K. may become perfect Tenants of the Freehold of the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their appurtenances whereby one or more perfect common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following For which intent and purpose it is Covenanted and agreed by and between the said Parties to these presents That it shall and may be lawful to and for the said C. D. and E. F. to bring pursue and prosecute against them the said G. H. and I. K. one or more Writ or Writs of Entry sur disseisin en le post of and for the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their and every of their appurtenances c. b Vide before Chap. 3. as in a Covenant to suffer a Recovery The which said Common Recovery or Recoveries so as aforesaid or in any other manner to be had and suffered And all other Common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the decease of the said E. B. had made levyed suffered acknowledged or executed or to be had made levyed suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereunto they or any of them shall be Parties of for and concerning the said Mannors Messuages Lands Tenements Hereditaments and Premisses or any of them or any part or parcel of them or any of them shall be and inure and shall be adjudged deemed esteemed reputed and taken to be and inure to the uses behoofs intents and purposes and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed 9. That is to say for and concerning the The uses of the Recovery being for life with remainders over in Tail said Mannors of A. and B. c. with general words 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 with full power to do or commit Waste and from and after the decease of the said C. B. to the use and behoof of the said A. B. for and during the Term of his natural life and from and after the decease of the said C. B. and A. B. to the use and behoof of D. B. eldest Son of the said C. B. and of the Heirs Males of his Body lawfully to be begotten and for default of such Issue to the Remainders in Tail to 1 2 3 c. Sons use and behoof of F. B. second Son of the said C. B. and of the Heirs Males of the Body of the said F. B. lawfully to be begotten And for default of such Issue to the use and behoof of G. B. third Son of the said A. B. and of the Heirs Males of the Body of the said G. B. lawfully begotten And for default of such Issue to the use and behoof of the fourth Son of the Body of the said C. B. on the Body of M. B. his wife begotten or to be begotten and of the Heirs Males of the Body of such fourth Son lawfully to be begotten c. and so to the tenth Son And for default of such Issue to the use and behoof of all and every other Son and Sons of the Body of the said C. B. to be lawfully begotten successively one after the other and of the Heirs Males of the Bodies of every such Son and Sons severally and respectively to be begotten as they and every of them shall be in Seigniority of Age and Priority of Birth the eldest of the said Sons and the Heirs Males of his Body being ever preferr'd before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of I. B. second Son of the said A. B. and of the Heirs males of the body of the said I. B. 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 and to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said C. B. for ever 10. And as for and concerning the said Use of the Mannor in C. in trust to be sold Mannor of C. to the use and behoof of the said C. D. and E. F. and of their Heirs and Assigns for ever Upon trust and confidence nevertheless and to the end intent and purpose That they the said C. D. and E. F. and the survivor of them and his Heirs shall and
B. and M. his Wife to the use and behoof of the said A. B. for and during the term of his natural life And from and after his decease to the use of c. 13. Provided always and the true intent Power to make Leases for Portions for Daughters and meaning of these presents is That it shall and may be lawful to and for the said C. B. at any time or times after the decease of the said M. B. in case he shall happen to survive her during his natural life by his Deed or Deeds Indented by him duly executed in the presence of two or more credible Witnesses to make one or more Lease or Leases for one two or three lives or one and twenty years or under of the said Mannor of D. or any part thereof under such Rent Rents Reservations and Covenants as he shall think fit to any Person or Persons whatsoever upon Trust for the raising of the several Portions herein after mentioned for such Daughter or Daughters as the said C. B. shall happen to have and not otherwise provided for that is to say If one Daughter then for the raising of Five hundred pounds for that Daughter and if more Daughters then for the raising of Three hundred pounds a piece for each and every one of the said Daughters to be payed them at their several and respective Ages of one and twenty years or Days of Marriage which shall first happen And that all and every such Lease or Leases Demise or Demises Grant or Grants to be made as aforesaid shall stand and be good and effectual in Law to all The Recovery to be to the use of the 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
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
15. For cestuy que Use for life or his Issue-male to make Leases so as they be not without impeachment of waste and that the present Rent be reserved Sect. 11. Like power for them to make Joyntures Sect. 12. To Lease the Lands setled on the Wife for a Joynture at a Rent mentioned in the Schedule the Wife being made party Sect. 13. Another to make Leases so as Wife be party Sect. 14 16. To make Leases at the ancient Rents chargable nevertheless with the Rents before in the Deed limited Sect. 17. Power to two cestuy que Uses for life to make Leases successively Sect. 19. A Vse limited briefly to such persons to whom cestuy que Use for life shall make Leases Sect. 20 21. Chap. 9. Rents Annuities and Portions assured out of the limitation of Vses An Annuity for charitable Vses Sect. 1 2. Another of a Rent for life with Clause of Distress and a limitation of the Land unto the Party upon failer of payment of the Rent Sect. 3 4 5 6 7. A limitation of the Land to several Vses chargable with the Rents after mentioned and after the Rents are appointed with power to distrain Sect. 8 9. Portions for Daughters to be raised out of Leases made by cestuy que Use for life according to power given him Sect. 10. A Vse for years limited to Cognizees to pay Portions with directions over if Daughters die Sect. 11 12 19. Money yearly to be allowed to the Daughters until Portions paid Sect. 13. A limitation for years to be void if Feoffor die without Daughters or after Portions paid Sect. 14 15. A limitation to Daughters for want of Issue-male to be void upon Portions paid or secured by him in the next remainder Sect. 16 17. Daughters Portions to be raised out of a Rent-Charge with cestuy que Use for life hath power given him to grant Sect. 18 19 20 21. Chap. 10. Provision taken for payment of Debts Legacies c. in the limitation of Vses A limitation for years to the Cognizees for payment of Cognizors Debts discharge of Sureties payment of Annuities to Servants and then to surrender the Estate Sect. 1. A limitation to Cognizees and their Heirs for payment of Cognizors Debts by sale and discharge of Sureties and to restore the overplus c. but if next Heir pay the Debts c. within a year then the Cognizees to convey to him Sect. â— To make sale and pay Debts mentioned in a Schedule with direction for the overplus and Cognizor to enjoy until sale Sect. 3. A limitation after Cognizors death to Cognizors Executors for years to pay Debts c. Sect. 4. For performance of Cognizors Will Sect. 5. A Vse limited to such persons as Cognizor shall appoint to pay a sum in certain Sect. 6. Chap. 11. The form of alteration of Vses upon Acts done Vpon setling other Lands on Cognizors Wife the Vse limited to her to cease with a limitation over S. 2. A Vse altered and limited to a person to whom a Rent is appointed upon default of payment S. 3 4 5. A Vse made void and a limitation over if cestuy que Use marry without Fathers consent S. 6 7 8. A limitation to the Wife to cease and a limitation over upon her claiming of Dower S. 9 10. A Vse altered upon Non-payment of a sum in gross S. 11 12 13 14 15. To alter a Vse upon payment back of a Marriage-Portion in case the Marriage take none effect S. 16. Chap. 12. Power given to Revoke Vses and limit new S. 1 2 3 4. To Revoke Vses with exception of Leases to be made by force of a power given in the same Deed S. 5 9. To Revoke old Vses and limit new as to particular persons S. 6 7. Another as to one particular Mannor S. 10. To Revoke old Vses and limit new with consent of Cognizees S. 8. Chap. 13. The forms of Deeds of Revocation and limitation of new Vses A short form S. 1. Another with recital of the power of Revocation S. 2 3. Another with a Feoffment added S. 4. Another of a Vse setled by Covenant to stand seised S. 5. Another pursuant to power given upon having of Issue S. 6. Chap. 14. The several forms of settlements of Estates By Covenant to levy a Fine and declaration of Vses with power to make Joyntures grant Rents and make Leases S. 1 2 3 4 5. Another by Vses declared upon a Fine and Recovery with provision for payment of Debts S. 6. Another by declaration of Vses of a Recovery as to several Mannors severally S. 7 8. The Vse of a Recovery for life with remainders over in Tail S. 9. Vse of a Mannor in Trust to be sold and Appointment for the disposition of the money S. 10. Proviso to make void a particular Vse upon payment of money and a limitation over S. 11. Another to give power to make Leases of a particular Mannor to pay Portions S. 13. Chap. 15. The forms of several Covenants used upon settlements of Estates to Vses To stand seised to the Vses before-mentioned in case the Conveyance prove deficient S. 1 2. That he is owner and hath power to settle S. 3 4 5. That the thing is free from incumbrances S. 6 7 8. To enjoy S. 9 10. Not to do any Act to impeach the settlement S. 11. For further Assurance S. 12 13. For settlement of Lands to be purchased S. 14. To permit Lands to descend S. 15. Chap. 16. The several forms of Joyntures before and after Marriage Before Marriage mutual Covenants that each party shall marry the other S. 1. A Joynture by way of Covenant to stand seised to Vses S. 2. Another by Covenant to levy a Fine to Vses S. 3. Vses upon a Fine to the end that the young pair shall receive a Rent during Fathers life S. 4. And a limitation of a Vse after as to the Mannors Lands c. S. 5. With a Proviso to cease a limitation to Daughters upon Portions paid S. 6. Another upon Marriage with a Widow with several Covenants relating to the Widows Children and power given to her to make a Will S. 7 8. 9 10 11 12. A Rent limited to the intended Wife in satisfaction of Dower with a limitation over of the use of the Lands S. 19 20. After Marriage by Covenant to levy a Fine to the use of Husband for life after of the Wife for life in satisfaction of Dower with remainders in Tail and a Covenant to alter the Vse upon her claim of Dower S. 13 14. Another by way of Feoffment to Vses as to several Mannors severally with a limitation for raising of Portions S. 15 16 17. A Proviso to cease the limitation to the Wife as to part if she marry again S. 18. Chap. 17. Containing several Covenants used upon Marriages and Joyntures made To pay the Marriage-Portion S. 1. To pay a sum upon refusal of the Marriage S. 2. To maintain the young pair S. 3. To
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
suam quando c. Et totum c. Et quicquid c. Et maxime de Advocatione predicta ut de feodo jure c. Et pon se in magnam Assisam domini Regis nunc Et petit Recognitionem inde fieri utrum ipse majus Jus habeat tenendi Advocationem predictam sibi hered suis ut tenens inde per war suam an predictus G. habend Advocationem predictam ut illam superius pet c. ss Et predictus G. petit licentiam inde interloquendi habet c. Et postea idem G. reven hic in Cur. isto eodem Termino in propria persona sua Et predictus E. licet solempniter exact non reven set in contempt Cur. recessit defalt fac Ideo cons est quod predictus G. recuperet seisinam suam versus prefat C. de Advocatione predict tenend eidem G. hered suis quiet de predicto C. hered suis acetiam de predicto E. hered suis imperpetuum Et quod predictus C. habeat de terra predict E. ad valentiam c. Et idem E. in misericordia Et super hoc predictus G. pet breve Misericordia domini Regis Vic. Com. predict dirigend de habere faciend ei plenariam seisinam de Advocatione predict ei conceditur retornabile hic indilate c. Postea scilicet vicesimo secundo die Junii islo codem Termino ven hic in Cur. predictus G. in propria persona sua Et Vic. videlicet T. G. Ar. modo mand quod ipse virtule brevis illius sibi directi 18. die Junii ult preterit habere fec prefat G. plenar seisinam de Advocatione predict prout per breve illud sibi preceptum fuit c. ss Trin. 22. Car. 2. rot 137. Devon ss Similis Recuperatio super brevi de Recto de Advocatione Nota. de Medietate Advocationis portionis de Pitt in Ecclesia de Tiverton ss If the Vrit of Entry be retornable so late in Recovery indorsed upon the Label the Term that the Writ of Seisin cannot come in retornable the same Term but that it must be retornable the next Term Then observe after the retorn of the Writ of Seisin in the Exemplification to break off and conclude with Quae omnia singula c. And indorse upon the Label Ad quem diem hic ven predictus petens in propria persona sua Et Vic. videlicet A. B. Miles modo mand quod ipse virtute brevis illius sibi direct primo die Junii ult preterit habere secit prefat petenti plenariam seisinam de tenementis predictis cum pertin prout per breve illud sibi preceptum fuit c. But in the Roll there is not any such distinction A Writ of Summons and Retorn CArolus Secundus Dei gratia Anglie Scotie Francie Hibernie Rex fidei defensor c. Vic. Eborum salutem Sum. per bonos Summonitores Willielm Cotterel Johannem Cotterel Vouchees quod sint coram Justic nostris apud Westm à die S. Trinitatis in quindecim dies ad War Willielmo Payler Richardâ— Payler les Tenants Manerium de A. c. recitando omnes parcellas nominatas in brevi de Ingressu que Willielmus Satherwaite Willielmus Burrowes les Demandants in Curia nostra coram Justic nostris apud Westm clam ut jus suum versus prefatos Williel Payler Rich. Payler per breve nostrum de Ingressu super disseisinam in le Post Et unde iidem Willielmus Richardus in eadem Curia nostra voc predictos Williel Cotterel Johannem sum in Coâ—a tuo ad War versus eos les Demandants Et habeas ibi sum hoc Breve Teste c. Retorn inde Sum. Johannes Den Johan Ramsden Miles Vic. Richard Fen Note That the Writ of Summons must bear the Teste of the Return of the Writ of Entry A Writ of Seizen CArolus Secundus c. Vic. H. salutem Scias quod J. P. in Cur. nostra coram Justic nostris apud Westm recuperavit seisinam suam versus A. B. de uno Mesuagio c. per breve nostrum de Ingressu super disseisinam in le Post Ideo tibi precipimus quod prefat J plenariam seisinam de tenementis predictis cum pertin sine dilatione habere fac Et qualiter hoc preceptum nostrum fuer is execut constare fac Justic nostris apud Westm indilatâ— vel in Crastino Trin. Et habeas ibi hoc breve Teste c. Retorn inde Virtute isi ius brevis mihi directi 16 die Maii Anno infrascripto habere feci infra nominato J. plenar seisinam de tenementis infra spâ—c cum pertin prâ—ut interius mihi precipitur R. F. Ar. Vic. The Form of a Surrender or Lease to make a Tenant to the Precipe THis Indenture made c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth that whereas the said A. B. doth hold for the term of his life One Mesuage c. in D. in the County of E. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his Heirs or to the Heirs of his body lawfully begotten for ever Now the said A. B. for the perfecting of some Assurance shortly to be made of the same Mesuage c. by way of Common Recovery hath granted and surrendred and by these presents doth grant and surrender unto the said C. D. and his Heirs upon the Condition herein after-mentioned All that the said Mesuage c. And all the Estate Right Title and Interest of him the said A. B. therein To have and to hold to him the said C. D. and his Heirs upon Condition That if the said C. D. do not pay or cause to be paid unto the said A. B. the sum of One Thousand pounds of lawful mony of England upon the first day of c. next ensuing the Date hereof That then and from thenceforth this present Grant and Surrender shall be utterly void and of none effect and that then also it shall and may be lawful to and for the said A. B. into the said Mesuage c. to re-enter and the same to have again re-possess and enjoy as in his former Estate and Right any thing in these presents contained to the contrary in any wise notwithstanding In Witness c. The Form of Drawing a Recovery at the Bar by the Sergeants at Law ONe of the Sergeants retained for this purpose must speak to the Chief Iustice upon the Bench and say demaundes and shew the Tenant After leave given by the Court the Sergeant counts by the Prothonotaries Remembrance according as the Writ is there entred in this manner by the first Sergeant viz. Ceo vous monstre Jean at Oakes que Jean at 1 Sergeant Style a tort luy desorce de l'Mannor de Sale ovesque les appurtenances
en le Countie de M. and so recite all the Lands as they are expressed in the Prothonotaries Remembrance delivered unto him Et pur ceo a Tort entanâ— que est son droit son inheritance d'ount il mesm ' fuit seisie en son demesne come de Fee droit en temps la peace en temps la Raigne nostre Seigniour le Roy que ore est les esplees on t prist Come en faucher de blees amountant al value de demie Mark plus en quel le dit Jean at Style n'ad pas entre si non puis disseisin quel Hugh Hunt de ceo torciousment sans judgment ad fait al dit J. O. deins 30 ans darrein passe Et si le dit J. S. ceo voile dedire vous aves cy le dit J. O. que ont ad port son Suit bon Then the Sergeant of the Tenant must say chus Vous aves cy le dit J. S. que defend le tort 2 Sergeant force vouch a garanty A. B. Et prie que il soit s 〈…〉 on deins le Countie avant dit per le aid de cest Court. Then the Sergeant of the Vouchee must desire 3. Sergeant the Iudges to Record the appearance of the Vouchee if it be with a double Voucher and so of every Vouchee unless it be the Common Vouchee which done he must say Vous aves cy le dit A. B. que cy est prist d'entre en la Garantie prie que le demandant counteroit envers luy Then the first Sergeant must say Autiel Count 1 Sergeant mutatis mutandis Then the Sergeant of the Vouchee being the 3. Sergeant third Sergeant must say thus Autiel defence mutatis mutandis vous avez cy le dit A. B. que vouch a Garanty Edmund Clent Et prie que il soit summon en la Countie avant dit per le aid de cest Court. Then the fourth Sergeant must say Vous avez 4. Sergeant cy le dit Edmund Clent que cy est prist d'entre en la Garanty Et prie que lei demandant Counteroit envers luy Autiel Count mutatis mutandis 1 Seâ—g Autiel defence mutatis mutandis vous avez cy 4 Sergeant le dit Edmund Clent que le dit Hugh Hunt ne disseise pas le dit J. O. si come le demandant per son briefe Count suppose Et sur ceo luy mitta sur la pais Ove vostre conge nous voilumus imparle 1 Sergeant NB. The Demandant useth not to come to the Bar but onely he that is Tenant to the Precipe quod reddat and the Vouchees in person unless by Warrant of Attorney as before There must be one Sergeant for the Demandant one for the Tenant and a several Sergeant for every several Vouchee DIRECTIONS For Sueing out RECOVERIES Together with the Usual FEES Incident thereunto DRaw your PRECIPE in Papeâ— in the same manner as you are directed in the beginning of this Treatise which being drawn you must carry it to the Cursitor of that County wherein the Lands lye who will thereby make you a Writ of Entry sur disseisin in le Post When your Writ of Entry is made you must carry it to the Alienation Office now in the Inner Temple and their compound it with one of the Commissioners then pay the Fine to the Receiver who there attends to take it and then you must get the Writ of Entry entred into the Commissioners Book and there Indorsed with Mr. Crew 's the Doctors hand with the hands of two of the Commissioners unto it Then carry it back to the Cursitor to be Sealed from whence you must carry it to the Kings Attorney General for his hand Then in case the Tenant in your Writ of Entry does appear in person so that your Recovery may be taken at the Bar you must ingross your Precipe in a large hand in that Prothonotaries Office in which you enter according to this form Midd. ss PR Willielmo Herne quod juste c. reddat Johanni Adams gen unum Mesuagium decem acras Pasture Tenens in propria persona vocat Edm. Clent cum pertin in Enfield que clam c. In this manner you are to enter a Precipe for a single Voucher upon the Remembrance but if it be for a double or treble Voucher it must be still the same except in the Margin of the Precipe If it be for a double Voucher you must say Tenens in propr persona vocat Henr. Howse qui presens vocat Edmundum Clent And if it be with a treble Voucher say thus Tenens in propria persona voc Henr. Howse qui presens voc Thomam Greene qui presens vocat Edmundum Clent Then when you are ready to have your Recovery taken at the Bar having your Tenant and Vouchees ready the Court being at leisure deliver the Remembrance on which your Precipe is entred to one of the Sergeants at the Bar who with two more of his brethren if it be a single Voucher three more if it be a double Voucher or four Sergeants more if it be with a treble Voucher will soon dispatch you which being done carry back the Remembrance to the Prothonotary sitting in Court who will mark it Ad Barram in the Margent of the Precipe and pay the Fees in Court. All which being done then draw your Recovery enter it upon a Plea Roll which the Prothonotary will give you for that purpose Then make an Exemplification thereof for your Clyent then make your Writ of Seisin and return the same together with your Writ of Entry according to your Precedents in such cases Then examine your Recovery with the Prothonotary having first perfected the Precipe in the Remembrance according to the Teste and Retorn of your Writ of Entry then docket your Recovery which done the Prothonotary will sign your Exemplification and Writ of Seisin both which you must get Sealed Then carry your Writs of Entry and Seizin to the Inrollment Office in the Temple to be Inrolled and lastly file your Writs of Entry and Seizin with the Custos brevium of the Common Pleas who also keeps his Office in the Temple Note You may pass your Recovery at the Bar before you sue out your Writ of Entry for the better dispatch of your Clyent and so is the Common use Note If your Clyent be a Nobleman you must place him in the middle of the Bar between the Kings Sergeants or the two other eldest Sergeants in their absence Note The Demandant in any Recovery need not appear at the Bar. But if your Recovery be with a single Voucher and the Tenant to the Precipe do not appear at the Bar in such case you may sue out a Dedimus Potestatem from the Cursitor directed to Commissioners to take the Caption having ready Iugrossed your Precipe quod reddat and Warrant of