the Indenture and it was judged that notwithstanding this absolute Feoffment and to an express use yet it being made upon no new agreement it shall be guided by the Covenant so that the bargainees Estate continues conditional Crook lib. 1. fol. 300. pag. 14. Clever vers Giles Acts done for further assurance upon covenants precedent conteined in the original agreement shall have such construction as may fortify and not destroy the first agreement As if â— man bargain and sell Lands rendring rent with condition of reentrie c. and covenants to make further assurances and after he levies a Fine or makes a Feoffment none of these are construed to extinguish the rent or condition but to fortify only the Estate of the purchaser according to the first agreement Moores Reports fol. 385. 7. It seems a conveyance of record shall be â—nv eyanâ—e of record and enpays how taken taken strictly and not by intendment as a conveyance in pais shall Therefore a Mannor in reputation which is not a Mannor in truth will not pass by the name of a Mannor in a Fine or common Recovery otherwise in a conveyance Crook part 1. 524. p. 53. yet a remainder may pass in a Fine by the name of a Reversion ibid. 594. p. 37. 8. Where an Indenture of bargain and sale is Several conveyances how the Party shall be in made and after a Fine is levied of the same land to the bargainee and after the deed is inrolled the bargainee is in by the Fine and not by the inrollment and where a Reversion is bargained and sold by Indenture and before inrolment a Fine is levyed by the Bargainor to the Bargainee and after the deed is inrolled yet the Bargainee must have an Attornment because he is in by the Fine and not by the Bargain and sale Crook part 1. 917. p. 8. 9. Where it is possible for a grant to take effect Grant to take effect as by possibility it may according to the Letter there the Law makes such a construction as by possibility it may take effect as if Lands are given to two men and the Heirs of their two Bodies the Law makes them joynt-joynt-tenants for life and gives them several Inheritances in Tail Cook upon Litt. 183. b. Stamford justice Three grounds for construction of deeds arguendo taketh three grounds for the construction of deeds First that it shall be taken most beneficially for the Party that taketh by them Secondly that the deed shall not be void where the words may be taken to any intent Thirdly that the words shall be construed according to the mind of the parties and not otherwise Plowden Antient deeds how construed fol. 160. Throgmortons case Antient deeds shall be construed as they were antiently taken although the Law be since altered vide Crook part 1. 633. p. 29. 10. Some words are large and have a general extent Exposition des parolâ— and some have a proper and particular application the former sort may contain the latter as dedi or concessi may amount to a Grant a Feoffment a Gift a Lease a Release a Confirmation or Surrender c. and it is in the Election of the Party to use them to which of these purposes he willâ— but a Release Confirmation or Surrender c. cannot amount to a Grant c. nor a Surrender â— a Confirmation or to a Release c. because they are proper and peculiar manner of conveyances and are destined to a special end Cook sur Litt. 301. b. CHAP. II. The several formes of setting forth the grounds or considerations of a Conveyance or sâ—ttlement of an Estate 1. Witnesseth that the said A. B. as well for Money iâ— parâ— paâ—d and in parâ— secured and in consideration of the summe of 500 l. of lawful moneyes of England to him in hand paid before the ensealing and delivery hereof by the said C. D. the receipt whereof lie the said A. B. doth hereby acknowledg and thereof and of every part and parcel thereof doth acquit and discharge the said C. D. his Heirs Executors and Administrators by these presents As also for and in consideration of the summ of 500 l. more of like moneyes by the said C. D. secured to be paid unto the said A. B. his Executors and Administrators in manner and form following viz. on the 20 day of January now next ensuing the summ of 300 l. thereof and on the first day of March then following the summ of 200 l. the residue of the said summ of 500 l. 2 Whereas the said A. B. at the ensealing and The barring oâ— an Estate â—â—il and enabling him to make a settlement or assurance delivery of these presents is and standeth seiled of an Estate â—ail to him and the Heirs Males of his Body with divers remainders over of and in the Mannors Messuages Lands and Tenements hereafter in these presents mentioned Now witnesseth this present Indenture that for and in consideration of the barring of the said Estate tail and all the Remainders thereupon dâ—pending and for the setling of an absolute Estate in Fee-simple of inheritance in the said A. B. whereby he may be enabled to make a good and perfect assurance to such Person or Persons and their Heirs as have agreed or hereafter shall agree with him the said A. B. to purchase the said Mannors c. A. B. covenants to suffer a Recovery Or thus That for the setling of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and forme as hereafter are in these presents limited and expressed and for the enabling of the said A. B. to make and grant Leases and Estates of and in the sold Mannors Lands and Premises in such manner and sort and according to the power and authority to him hereafter in and by these Presents reserved and for other good causes and considerations c. 3. Witnesseth that the said A. B. in consideration Natural love c. preferment of children of the natural love and affection which he beareth unto C. B. his Son and Heir apparent and for his advancement and present maintenance and to the end that the Daughters of the said A. B. may have convenient Portions to maintain and prefer them in Marriage and for the establishing of the Mannors Lands Tenements and Hereditaments hereafter mentioned to such uses intents and purposes as are hereafter limited and appointed and for other good causes and considerations c. Or Settlement in the stock and blood c. thus In consideration of the great love and natural affection which he the said A. B. beareth unto C. B. the natural sonne and heir apparent of the said A. B. and to the heires males of the body of the said C. B. and to the end intent and purpose that the Mannors Lands Tenements and Hereditaments hereafter mentioned shall and may continue in the stock blood and
c. ss Tenens in propria persona vocat ad War Humfridum Mumford generosum qui presens vocat Edmundum Clent Ad. Barram ss North't ss PRecipe Obadie Kentiso Juniori generoso The like Treble Voucher Whereby you may understand how to place the parcels according to the Method used in the Register Michaeli Aldridge generoso quod juste c. reddant Josepho Allen Armigero Manerio de S. K. E. D. cum pertin ac quadraginta Mesuagia viginti quatuor Tofta sexdecim Molendina viginti Columbaria quadraginta Gardina duas Mille acras Terre tres Mille acras Prati quatuor Mille acras Pasture tres Mille acras Bosci decem Mille acras Jampnorum Bruere quinque Mille acras More duas Mille acras Marisci salsi Mille acras Marisci frisci quatuor librat reddit ac reddit duarum librarum dimid unius libre Piperis unius grani Piperis cum pertinentiis in R. L. G. S. G. J. H. E. Necnon Advocationem Ecclesie de K. que clam c. ss Tenentes in propriis personis vocant ad War Johannem Grantham Sen. generosum qui presens in propria persona vocat ad War Galfridum Weston generosum qui similiter presens in propria persona vocat Edmundum Clent ss Mes â—â—gium Toft nm Mol. endinum Col. nmbare Gar. dinum Terr â— Nota. If you place your parcels in Precipes according to these Verses you will never erre The Exemplification of a Recovery with double Voucher where the Parties appear in person at Bar. Pra. tum Pas tura Bos cus Brue ra Mora. Junca riâ— Maris cus Alne tum Pis caria Red. ditus Sectare priora ss CArolus Dei gratia Anglie Seotie Francâ—e Hibernie Rex fidei defensor c. Omnibus ad quos presentes litere nostre pervenerint salutem Sciatis quod inter Placita terre irrotulata apud Westm coram Thoma Richardson Milite Sociis suis Justicâ— postris de Banco de Termino S. Michaelis Anno Regni nostri tertio Rotulo vicesâ—mo continetur Sic Hertf. ss C. R. gen J. R. gen in propriis personis suis petunt versus G. C. gen unum Mesuagium c. And so set forth the whole Recovery verbatim according to the Precedent next following of a Recovery with single Voucher unto the end of these words Prout per breve illud sibi preceptum fuit c. And then conclude it thus Que omnia singula ad requisitionem predict A. tenore presentium duximus exemplificand In cajus rei Testimonium Sigillum nostrum ad Brevia in Banco predicto sigilland Deputat prefentibus apponi fecimus Teste Thoma Richardson apud Westm vicesimo octavo die Novembris Anno Regni nostri tertio You must Teste your Exemplification after the Nota. return of the Writ of Seisin But if there be not fifteen daies between the return of the Writ of Entry or the Writ of Summons and the End of the Term Then must the Writ of Seisin be returnable Indilate And the Exemplification must bear Teste the last day of the Term in which the Writ of Entry or Summons came in Observanda In every Recovery four things are principally to be regarded viz. First The Demandant who is Plaintiff in the Writ of Entry and may be called the Recoverer Secondly The Tenant of the Land who is Defendant to the Writ of Entry and in regard the Land is recovered against him he may not improperly be termed the Rocoveree Thirdly The Vouchee being that person who is vouched by the Tenant or he whom the Tenant calleth to warranty for the Lands demanded in the Count. Lastly The Land it self which is to be recovered being the subject matter of a Recovery which you must be very careful and exact to place Regularly according to the course used by the Cursâ—tors and the directions above given In a Recovery with double Voucher you must either by a Fine sur Cognizance de droit come ceo c. or by a Deed of Feoffment or Bargain and Sale inrolled or Lease and Release make him you intend to be Tenant at the time of the Writ of Entry brought For every Writ of Entry must alwaies be brought against him that must be a perfect Tenant of the Freehold of the Land demanded at the return of the Writ Because the Estate of the Tenant in Tayl which is the Vouchee is barred in respect of the Asseâ—z onely which are or may be recovered in value and of Execution sued by the Tenant against him If Tenant to a Recovery have but an Estate for life or be Tenant in Dower or by the Courtesse of England it is requisite for the strengthning of his Recovery that he make a Conditional * The form of which Surrender see at the end of this Treatise Surrender of his Estate to him in the Reversion or Remainder to the end he may be a present Tenant of the Inheritance and then to bring the Writ of Entry against him and after that the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his term notwithstanding such Surrender ss Hertf. ss C. R. generosus J. R. generosus in A Recovery with single Voucher propriis personis suis petunt versus G. C. generosum unum Mesuagium unum Toftum unum Molendinum unum Gardinum triginta acras Terre viginti acras Prati â—uadraginta acras Pasture Centum acras Bosci cum â—ertin in H. ut jus hereditatem suam in que idâ—â— Galfridus non habet ingressum nisi post disseisiâ—â—m quam Hugo Hunt inde injuste sine judicio fecit â—esatis Carolo Johanni infra triginta Annos c. Et unde dicunt quod ipsimet fuerunt seisiti de teâ—mentis predictis cum pertin in dominico suo uâ— de feodo jure tempore pacis tempore domini Regis nunc capiend inde exples ad valentiam c. Et in que c. Et inde producunt sectam c. Et predictus Galfrid in propria persona sua venit defendit jus suum quando c. Et vocaâ— inde ad warantizand Edmundum Clâ—nt qui presens est hic in Curia in propria persona sua Et gratis tenementa predicta cum pertin ei War c. Et super hoc predicti Carolus Johannes petunt versus ipsum Edmundum tenentem per warant suam tenementa predicta cum pertin in forma predicta c. Et unde dicunt quod ipsimet fuerunt seisiti in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiend inde explesias ad valentiam c. Et in que c. Et inde producunt sectam c. Et predictus Edmundus tenens per Warantiam suam defend it jus suum quando c. Et dicit quod predictus Hugo non disseisivit prefatum Carolum
illius sibi directi nono die Februarii ult preterito habere fecit prefato Josepho plenariam seisinam de tenementis predictis cum pertinentiis prout per breve illud sibi preceptum fuit c. The Writ of Seisin must be retornable at the least fifteen daies after the retorn of the Writ of Entry but if the Writ of Entry be retornable towards the latter end of the Term so that there be not fifteen daies between the retorn of the Writ of Entry and the end of the Term then the Writ of Seisin must be retornable Indilate as in the Entry next before And the Writ of Seisin must alwaies bear Teste of the retorne of the Writ of Entry And so it is also if the Recovery come in by Summons the Writ of Seisin must haâ—e the like proceedings after the Writ of Summons Observanda In a Recovery with treble Voucher are included What a Recovery with treble Voucher is Four Recoveries The first by the Demandant against the Tenant The second by the Tenant against the first Vouchee The third by the first Vouchee against the second Vouchee And the fourth by the second Vouchee against the Common Vouchee The scope of a Common Recovery with treble The scope and intent of a Recovery with treble Voucher Voucher is to make a perpetual Bar of the Estates of the Tenant and of every such Estate of Inheritance as at any time had been in the first or second Vouchee or any of them or either of their Ancestors whose Heirs he or they are of such Estate and as well of every Reversion thereupon dependant as also of all Leases Estates Charges and Incumbrances derived out of any such Reversion or remainder ss CArolus secundus c. Rex Vicecomiti S. salutem A Writ of Summons to Warranty Sum. per bonos Sum. W. L. quod sit coram Justic nostris apud Westm à die Sancti Michaelis in tres Septimanas ad war E. G. tria Mesuagia cum pertin in Villa S. que J. J. in Curia nostra coram Justic nostris apud Westm clam ut jus suum versus presat E. per breve nostrum de Ingressu super disseisinam in le Post Et unde idem E. in eadem Curia nostra voc predictum W. sum in Comtuo ad War versus eum Et habeas ibi sum hoc breve Teste Jehanne Vaughan apud Westm decimo die Junii Anno regni nostri vicesimo terâ—io Observanda The Writ of Summons must be retornable â—ive Retorns inclusive after the retorn of the Writ of Entry as for Example If the Writ of Entry be 17 Ca. 1. cap. 6. before which Statute there ought to have been nine Reterns between the Teste and return of every Writ retornable Quindena Pasche then the Writ of Summons must be retornable Cras Ascensionis being the fifth retorn inclusive from Quindena Pasche And you are to observe that Crastin Ascensionis domini was no retorn which could be used as to Recoveries or any other real Action until by the said Statute 17 Ca. 1. 6. it was made a good and perfect Retorn So if the Writ of Entry be retornable Crastino How the Writ of Summons must bear Teste Martini the Writ of Summons must bear Teste from that retorn of Crastino Martini and be retornable five Retorns after Inclusivè that is to say accounting Crastino Martini for one of the five Retorns and Quinden Hillarii which is the fifth Retorn after Crastin Martini for another And the How the Writ of Seisin must be retornable and bear Teste Teste of the Writ of Seisin must be the Teste day of that fifth Retorn and be retornable Indilate because there are not fifteen daies within Hillary Term after Then the Writ of * How to return the Writ of Seisin Seisin may be retorned that Seisin was delivered by virtue thereof to the Demandant by the Sheriff of the County where the Lands lye upon any day not being Sunday between the Teste and the end of the Term from which day and the end of the Term by possibility the Sheriff might come from the land to Westminster before the rising of the Court. If a Recovery be with single Voucher the Precipe Notanda Vpon a Recovery with single Voucher must be brought against the Tenant in Tayl in possession and he to Vouch the Common Vouches If with †Vpon a Recovery with double Voucher Entry of a Wrâ—â— of Summons to Warranty double Voucher a Writ of Covenant must be brought against the Tenant and a Writ of Entry against the Cognizee of the Fine who must Vouch the Tenant in Tayl then the Writ of Covenant must be Teste and retornable before the Writ of Entry and this is called a double Voucher ss J. J. in propria persona sua petit versus E. G. Armigerum tria Mesuagia tria Gardina quadraginta acras Terre quinquaginta acras Prati sexaginta acras Pasture quadraginta acras Bosci Centum acras Jampnorum Bruere cum pertin in R. vt jâ—s hereditatem suam Et in que idem E. non habet ingressum nisi post disseisinâ—m quam Hugo Hunt inde injuste fine judicio fecit prefato J. infra triginta Annos c. Et unde dicit quod ipsemet fuit seisitus de tenementis predictis cum pertinentiis in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiendo inde explesias ad valentiam c. Et in que c. Et inde producit sectam c. Et predictus E. per C. D. Attornatum suum venie defendit jus suum quando c. Et vocat inde ad warantizandum W. L. sum in Comitatu predicto habeat eum hic a die Sancti Michaelis in tres septimanas per Auxilium Curiae c. idem dies datus est partibus predictis hic c. Salop. ss J. J. in propria persona sua Pet. versus Entry of a Recovery with double Voucher by Summons E. G. Armigerum tria Mesuagia tria Gardina c. cum pertin in R. ut jus hereditatem suam Et in que idem Edwardus non habet ingressum nisi post disseisinam quam Hugo Hunt inde injuste fine judicio fecit prefato Johanni infra triginta Annos c. Et predictus Edwardus per C. B. Attorn suum venit Et alias vocat inde ad War W. L. qui modo per sum ei in Comitatu predicto factam per C. G. Attorn suum fimiliter venit Et gratis Tenementa predicta cum pertin ei War c. Et super hoc predictus Johannes pet versus ipsum W. tenen per War suam tenementa predicta cum pertin in forma predicta c. Et unde dic quod ipsemet fuit seisitus de tenementis predictis cum pertin in dominico
of Twenty pounds per annum of good and lawful Moneys of England to be issuing and going out of the aforesaid Messuages and Premises with the Appurtenances to have hold receive and enjoy the said Annuity of Twenty pounds per annum and every part and parcel thereof unto the said C. D. his Executors Administrators and Assigns from the Feast of c. next ensuing the Date hereof unto the full end and term of One and thirty years from thence next ensuing and fully to be compleat and ended at the Feast of St. Michael the Archangel and the Annunciation of St. Mary the blessed Virgin by even and equal portions yearly to be paid during the term aforesaid And if it shall happen the said Clause of Distress yearly Rent of Twenty pounds or any part thereof to be behind or unpaid in part or in all by the space of twenty Dayes after either of the said Feasts or Dayes of payment being lawfully demanded that then and from thenceforth it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns into the said Messuages and Premises and every part and parcel thereof to enter and distrain and the Distress and Distresses there to be found and taken lawfully to lead bear drive and carry away and the same to detain and keep until he the said C. D. his Executors Administrators and Assigns shall be fully paid and satisfied the said Annuity or yearly Rent and all and every the Areres thereof c. 9. This Indenture c. Between A. B. and E. To leavie a Fine Sur concessit his Wife on the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators and for the said E. his wife covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. and E. his wife shall and will before the end of this present Term of St. Hillary leavy one Fine Sur concessit with Proclamations in due form of Law before his Majesties Justices of the Common Pleas Court at Westminstor in the County of Midds unto the said C. D. of all the Mannors c. and the Revertion and Revertions Remainder and Remainders of all and singler the premises and of every part and parcel thereof And all Rent and Rents and yearly services and other profits whatsoever reserved and payable upon every demise and demises Leases Grants and Conveyancies whatsoever made and granted of the premises or any part or parcell thereof by such name and names quantities and qualities as shall be thought meet and â— 10. This Indenture c. Between A. B. and E. To sue fortha Recovery with double voucher his wife of the first part C. D. and E. F. of the second part and G. H. on the third Part Witnesseth these presents that it is mutually and respectively covenanted and concluded by and between the said Parties to these presents And the said A. B. doth for himself his Heirs Executors and Administrators and for the said E. his wife covenant and agree to and with the said G. H. his Heirs Executors and Administrators by these presents That he the said A. H. and E. his wife shall and will on this side and before the Feast of c. Tenent to the precipe made by Fine now next ensuing leavy and acknowledg oâ—e Fine sur cognizance de droit come â—co quc ils ont de lour done c. in due form of Law with Proclamations to be had and made according to the common course of Fines in such cases used and the Statuâ—e in that behalf made and provided before the Justices of our Sovereign Lord the King of his Majesties Court of Common Pleas at Westminster or before some other competent person or persons thereunto lawfully and sufficiently authorized to the said C. D. and E. F. and their Heirs of all that the Mannor of S. in the County of B. and of all Messuages Lands Tenements and Hereditameâ—ts whatsoever which are or are reputed part or parcol of the said Mannor or belonging or appertaining thereunto by such name or names quantities qualities contents and numbers of Acres and in such manner and form as by the said G. H. his Heirs of Assigns or his or their Council learned in the Law shall be reasonably devised advised or required which said Fine so or in any other manner to be levied and acknowledged between the said Parties shall be and shall be construed reputed and taked to be to and for the use of the said C. D. and E. F. and their Heirs to the only end intent and purpose that the said C. D. and E. F. shall and may stand and be full and perfect Tenents of the Freehold of the said Mannor Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be leavied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the said Mannor Messuages Lands and Premises against the said C. D. and E. F. and their Heirs according to the true intent and meaning of these presents and the Parties thereunto 11. And it is further covenanted concluded To suffer a Recovery upon a writ of entry en le post and agreed by and between all the said Parties to these presents and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. before the Feast of c. next ensuing the Date hereof by Writ or Writs of entry Sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our said Sovereign Lord the King of the Court of Common Pleas at Westminster in the name of the said G. H. demandant against the said C. D. and E. F. being Tenents to recover to them and their Heirs in due form of Law according to the usual form of common Recoveries for assuring of Lands Tenements and Hereditaments against the said C. D. and E. F. and the surviver of them then Tenent or Tenents of the premises All and every the said Mannor Lands and Premises withal and singular their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained or thus by such name of names and under such number and contents of Acres aâ—d in such manner and form as shall be advised by the Council of the said G. H. unto which said Writ of entry Sur disseisin en le post so to be brought as aforesaid the said C. D. and E. F. shall appear gratis And then and immediately after appearance and defence made shall and will in the said action vouch to warranty the said A. B. and E. his
And the said A. â— and E. his wife shal thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear gratis and after imparlance had shall make default and depart in contempt of the Court whereby one common Recovery shall or may be had or suffered against them the said A. B. and E. his wife of and for the said Mannor according to the usual course of common Recoveries for assurance of Lands and Tenements in such Cases used aâ—d accustomed c. 19. This Indenture c. Between A. B. and An other by Tenents for life he in revertion in London E. his wife and C. D. on the one part and E. F. on the other part Whereas the said A. B. and E. his wife in right of the said E. do now hold and are lawfully 〈◊〉 to hold and enjoy for aâ—d during the natural life of the said E one Messuage c. The Revertion of which said Messuage with the Appurtenances from and after the decease of the said E. doth lawfully belong unto the said C. D. and the Heiâ—s of his Body Now Witnesseth these presents That it is covenanted granted concluded and agreed by and between the said Parties for themselves and their Heirs that the said A. B. and E. his wife and the said C. D. shall before the Feast of c. now next coming permit and suffer the said E. F. in and by a Writ of Right Patent according to the Custom of the said City of London in due form of Law with single or double Voucher or Vouchers to Recover against them the said A. B. and E. his wife and the said C. D. the said Messuage or Tenement aâ—d all other the Premisses with the Appurtenances in such manner and form as by the Council learned in the Law of the said E. F. shall be reasonably devised or advised c. 20. This Indenture made c. Between A. Another in London with double Voucher B. of London Gentleman on the first part and C. D. and E. F. Citizens and Grocers of London on the second part and G. H. and I. K. of c. on the third part Witnesseth That it is covenanted granted concluded and agreed by and between all the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said G. H. and I. K. and either of them their and either of their Heirs Executors and Administrators by these presents That he the said A. B. shall and will within one month next ensuing the Date of these presents make and execute or cause to be made and executed unto the said C. D. and E. F. a good perfect and absolute Estate in the Law in Feesimple of and in all those Messuages c. lying and being in the Parish of c. London and also of and in the Revertion and Revertions of all and singular the Premises to the end intent and purpose that the said C. D. and E. F. and their Heirs may stand and be seised of the said Premisses and become perfect Tenents of the Freehold thereof so that within two months next after the making and execution of the said Estate to them the said C. D. and E. F. as aforesaid the said G. H. and I. K. or the Survivor of them shall and may bring and pursue the Kings Majesties Writ of Right Patent out of his Highness Court of Chancery against the said C. D. and E. F. or the Survivor of them to be directed to the Major and Sheriffs of the City of London By which Writ of Right Patent the said G. H. and I. K. or the Survivor of them in the Guild Hall of the said City before the said Major and Sheriffs in the Court of Hustings according to the custom of the said City shall demand against the said C. D. and E. F. or the Survivor of them The said Messuages or Tenements and all and singular other the Premises with the Appurtenances by such names or quantities as shall be reasonably devised or advised by the Council of the said G. H. and I. K. or the Survivor of them Unto which said Writ the said C. D. and E. F. ot the Survivor of them shall appear gratis and after declaration and defence made thereupon shall vouch to warranty the said A. B who shall appear gratis and enter into the warranties and vouch over to warranty the common Vouchee who shall appear gratis and imparle and after make default in contempt of the Court whereby Judgment shall be given in the said Writ for the said G. H. and I. K against the said C. D. and E. F. and for the said C D. and E. F. to recover in value against the said A. B. and for the said A. B. to recover over in value against the said common Vouchee and Execution thereof shall be had and sued in such sort that a perfect Recovery with double Vouchers shall be had and duly executed of all and singular the Prâ—mises c. 21. This Indenture c. Between A. B. of To suffer a Recovery of Lands in Antient demeasne with double Vouchers the Tenent to the precipe being made by Fine the first part C. D. of the second part vide sect 6. of this Chapter and make such recital as is there and add the Covenant there to levy a Fine from A. B. to C. D. and then add as followeth Which said Fine so or in any other manner to be levied and acknowledged of the Premises between the said Parties shall be and shall be construed and taken to be to and for the use of the said C. D. and his Heirs to the only intent and purpose that the said C. D. may stand and be full and perfect Tenent of the said Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be levied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the Messuages Lands and Premises against the said C. D. and his Heirs according to â—he true intent and meaning of these presents and of the Parties thereunto And it is covenanted granted concluded and agreed by and between all the Parties to these presents That he the said E. F. at his own proper cost and charge shall and will before the Feast of c. now next ensuing the Date hereof purchase or cause to be purchased one or more Writ or Writs of Right Close directed to the Judges Bailiffs or others that have Power to hold Plea in suits Real arising within the said Liberty and shall prosecute the said Writ or Writs in the nature of his Majesties Writ or Writs of entry sur disseisin en le post at the common Law after the manner and course of common Recoveries there used and accustomed against the said C. D. and shall thereby demand against the said C. D. the said Messuages Lands Hereditaments and
according to the course of common Recoveries of the Mannor c. and all and every other the Premisses with the Appurtenances 6. Which Recovery so as aforesaid or in any The Uses other form to be had suffered and executed and all other Recoveries to be had suffered and executed by and between the said Parties or any of them of the said Mannor and Premises before the said Feast of c. and the Recoverors in and to the said Recovery and Recoveries shall immediately from and after the suffering and executing thereof stand and be seized of the said Mannor and Premises to the uses intents and purposes hereafter specified expressed and declared and to none other use intent or purpose whatsover That is to say to the use of c. Or thus And it is covenanted granted concluded and agreed by and between all the said Parties to these presents that the said Recovery so to be had and executed as aforesaid and every common Recovery with Vouchers before the said Feast of c. to be suffered by the said C. D. and E. F. or the survivor of them of the said Mannor and Premises and of every or any part thereof by what names or additions soever the same shall fortune to be had or suffered immediately from and after the Execution thereof shall be and the Person or Persons who shall thereby Recover the Premises or any part thereof and his or their Heirs after such Execution shall stand and be seized of the said Mannor and Premises or such part thereof as shall be recovered as aforesaid to the use of c. Or thus And it is covenanted granted and concluded by and between all the said Parties to these presents And either of the said Parties doth by these presents covenant grant conclude and agree to and with the other in maner and form following That the said G H. and K. immediately from and after the said Recovery had and Executed as aforesaid shall stand and be seized of and in the said Mannor c. and other the Premises with the Appurtenances And that the said Recovery and the force effect and execution of the Premises or any part thereof by and between the said Parties before the Feast of c. shall be and shall be adjudged deemed reputed and taken to be to the uses intents and purposes in these presents mentioned and declared viz. To the use of c 7. This Indenture made c. Between A. Upon a Recovery already had with double Voucher B. on the first part C. D. and E F. on the second part and G. H. and I. K. on the third part Whereas the said A. B. by one Indenture of bargain and sale bearing Date c. vide Sect. 5. and recite it as there And whereas afterwards That is to say in the Term of St. Hillary then next following the said G. H. and I. K. did pursue out of the said Court of Chancery one Writ of entry sur disseisin en le post against the said C. D. and E. F. returnable before the Justices of his Majesties Court of Common Pleas at Westminster whereby the said G H. and I. K did demand against the said C. D. and E. F. the said Mannor c. as in the Recoverie to which Writ the said C. D. and E. F. did appear in proper Person and after defence made did vouch to warranty the said A. B. who did likewise appear in Person and entred into the warranty and vouched over the common Vouchee who did likewise appear in person and entred into the warranty and after make default whereby several Judgments were had according to the course of common Recoveries used in the said Court of Common Pleas. 8 Now witnesseth this present Indenture And The uses it is hereby declared and expressed that the true intent and meaning of all the said Parties to these presents before and at the Time of suffering the said Recovery was and ever since hath been and yet is that the said Recovery and the whole execution thereof should and for ever hereafter shall be and inure And the said Recoverors and their Heirs shall for ever hereafter stand and be seized of and in the said Mannor c. and all and every the Premises before mentioned with the Appurtenances To the use of c 9. And the said A B. C. D. and E. F. for Release of Errors sometimes used them and every of them their and every of their Heirs do and for every of them doth by these presents remise and for ever quit claim unto G. H. and I. K. and their Heirs and all and every Person and Persons whatsoever that shall or lawfully may have any Estate Title Interest or demand of into or out of the Premises or any part or parcel thereof by force or Vertue of the said Recovery and the execution thereof and of these presents or any limitation matter or thing herein contained All and every Error and Errors Writ and Writs of Error misprisions misentries and other cause and causes of Writ or Writs of Error which they the said A. B. C. D. and E. F. or any of them their or any of their Heirs have or hereafter may or ought to have for or by reason of any Error or Errors misprision misentry or other defect whatsoever in or about or any way touching or concerning the said Recovery or any proceeding or prosecution thereof 10. This Indenture made Between A. B. and Another upon Recovery with double Voucher already had E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. on the third part Whereas the said A. B. and E. his wife did in Michaelmas Term last levy and acknowledg one Fine sur cognizance de droit come câ—o c. in the Court of Common Pleas at Westminster unto the said C. D. and E. F. of all that Messuage and Lands c. to the intent and purpose that the said C. D. and E. F. might be Tenents of the Frehold of the said Messuage Lands and Premisses and that a Writ of entry sur disseisin en le post might be brought and prâ—secuted against them to the end that a common Recovery might be had of all and singular the said Messuage Lands and Premisses according to the form of common Recoveries had used and accustomed And whereas a common Recovery hath been sithence had in and by a writ of entry sur disseisin en le post of the Premisses against the said C. D. and E. F. by the said G. H. and I. K. Wherein the said C. D. and E. F. did vouch to waâ—ranty the said A. B. who thereupon entred into the warranty and over to warranty the common Vouchee who likewise appeared and entred into the warranty and after made default whereby several Judgments were had according to the use of common Recoveries with double Vouchers for assurance of Lands and Tenements which Recovery hath been
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
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
or touching the rebuilding of the City of London and of and from all such Actions Suits Charges troubles and damages which he the said A. B. his Executors Administrators or Assigns may happen to incur or be put unto or sustain for or by reason thereof 28. In consideration of which said Work Payment for the Building Materials and Buildings to be done and performed in manner and form aforesaid the said A. B. for himself his Executors Administrators and Assigns doth Covenant and promise to pay and satisfie unto the said C. D. and E. F. their Executors Administrators and Assigns after the rate and price of sixty four pound the square for every square of the said Building the said money after the rate aforesaid to be paid as followeth that is to say When the Floor over the said Cellar is laid fifty pound thereof when the next Floors up one pair of Stairs are laid fifty pound more thereof when the next Floors over that up two pair of Stairs are laid fifty pound more thereof c. as to the rest and when all the said Work and Building shall be wholly done and finished in all things according to the true meaning of these presents all the remaining money that shall be due for the same at the rate of sixty four pound the square as aforesaid In witness FINIS A Table of the several Chapters and Sections contained in this Book CHAP. 1. Observations touching Conveyances in general Sect. 1 2 3 4 5 6 7 8 9. Chap. 2. The forms of setting forth the Grounds and Considerations of a Conveyance or Settlement c. Money in part paid and in part secured Sect. 1. Barring an Estate Tayl Sect. 2. Natural life Preferment of Children Sect. 3 4. Settlement on collateral Heirs Sect. 5. A Marriage to be had and settlement of a Joynture Sect. 6 7. Performance of an Agreement Sect. 8. Payment of Debts Sect. 9. Chap. 3. Containing several Covenants To levy a Fine by Husband and Wife Sect. 1 2. By several Persons severally interessed Sect. 3. In the County of Lancaster Sect. 4. Of Chester and Lancaster Sect. 5. In ancient Demesn Court Sect. 6. With a Render for years Sect. 7. With Render of a Rent Sect. 8. A Fine sur concessit Sect. 9. To sue forth a Recovery with double Voucher Tenant of the Precipe being made by Fine Sect. 10. By Bargain and Sale Sect. 12 13 14. A Recovery of Lands in several Counties Sect. 15. A Recovery in London Sect. 20. In ancient Demesn Court Sect. 21. A Recovery with single Voucher Sect. 16 17. By a Man and his Wife Sect. 18. By Tenant for life and be in Reversion Sect. 19. To make Assurance of Lands Sect. 23. That Tenants shall Attorn Sect. 24. To produce Writings in defence of the Title Sect. 25. To pay back Purchase-money upon Eviction Sect. 26. To pay back the Purchase-money paid in case the Purchaser dislike c. and if he like then to pay more Sect. 27. Not to claim Dower with a Release of Dower Sect. 28. The form of Covenants joyntly and severally Sect. 29. By Baron and Feme Sect. 30. Chap. 4. Provisoes to make void Estates Vpon Non-payment of Purchase-money Sect. 1. Vpon discharge of a Surety Sect. 2 3. To make void a Rent-Charge upon payment of money Sect. 4. To abate part of an Annuity upon money paid Sect. 5. Chap. 5. The forms of introducing Vses upon Fines Recoveries and other Conveyances Vpon a Fine to be levied Sect. 1 2 3. Vpon a Fine already levied Sect. 4. Vpon a Recovery to be had Sect. 5 6 12. Vpon a Recovery already had Sect. 7 8 10 11 12 13 14. A Release of Errors in the Recovery Sect. 9. Vpon a Fine and Recovery to be had the Fine being of one thing the Recovery of another Sect. 15 16. The like upon Fine and Recovery already had Sect. 17. Vpon a Fine Recovery and other Conveyances to be had Sect. 18. Vpon a Feoffment past and executed Sect. 20 24. Vpon a Covenant to stand seised Sect. 21. Vpon a Bargain and Sale and Grant of the Reversion Sect. 22. Chap. 6. The several forms of indorsing Livery and Attornment Sect. 1 2 3 4 5 6 7. Form of Attornment by Deed Sect. 8. Chap. 7. The several forms of limitation of Vses For Life For Lives of Husband and Wife and longer liver Sect. 1. To Husband for life after to Wife for life for a Joynture Sect. 2. With Proviso to make the limitation to her void upon her claim of other Lands Sect. 3. Vpon parting with her Estate Sect. 4. For years Vse for years determinable upon life Sect. 5. Vse for years to pay Daughters Portions Sect. 15. In Tayl to 1 2 3 c. Sons in remainder after an Estate for life remainder to all other Sons in Tayl according to seigniority c. Sect. 6. Another to Sons already born by name in Tayl with like remainder Sect. 7. To the Father for life remainder to Son for life remainder to Sons Wife for life in satisfaction of Dower the remainder to their 1 2 3 c. Sons in Tayl remainder to the several Sons of the Grandfather in Tayl remainder to the Heirs of the Body of the Grandfather remainder to Grandfathers right Heirs with a Proviso to preserve Estates in Tayl to Children en ventre sa mere Sect. 8 9. To the use of A. B. and Heirs Males of his Body remainder to C. B. his Brother and Heirs Males of his Body with like remainders to his other Brothers remainder to the right Heirs of A. B. Sect. 10. Other limitations in Tayl with remainder to the Heirs Males of the Body of Feoffors Father remainder to the Heirs Males of the Body of Feoffors Grandfather remainder to the right Heirs of the Feoffor Sect. 11. An Vse to the Heirs of the Body of the Wife by the Husband begotten with remainder over to the Husband Sect. 13. In Fee determinable upon a Marriage had Sect. 12. An Vse limited to one until the Heir in Tail come to full age in case the Father die while he is within age and after to the Heir Sect. 13. Another with direction for disposing the Profits in the mean time Sect. 14. The form of a limitation to preserve contingent Vses in case the particular Estate determine before they come in Esse Sect. 15. Contingent Vses Sect. 16. Chap. 8. Power given to cestuy que Use for life to make Joyntures Leases c. To make Joyntures to future Wives Sect. 1 2 3 4 5 6. To settle Lands in certain upon a future Wife for life reserving a Rent Sect. 7. The like of a third part without Reservation Sect. 8. Provision made for future Wives by way of limitation of Vse Sect. 9. To make Leases for lives or years determinable upon lives or for 21 years with or without reservation of Rent Sect. 10. To make Leases for such Terms and under such Rent as Lessor pleaseth Sect.
give or leave a sum by Will to them S. 4. To do further Acts to ratifie Covenants S. 5. To permit the Wife to make a Will S. 3 6 7. If the Lands setled in Joynture fail of the value then the Husbands Executors to make it up S. 8. To make satisfaction for what shall be evicted S. 9. To repay part of the Portion if the Wife die within three years without Issue S. 10. Chap. 18. Containing general words commonly used for passing Mannors Lands c. For a Mannor S. 1. A Mannor and Advowson S. 2. A Messuage and Lands S. 3. A Messuage in London S. 4. An Inn S. 5. A Brew-house S. 6. A Water-grist Miln S. 7 8. A Prebend S. 9. A Rectory S. 10. An Alphabetical TABLE of the Matters contained in this Book ATtornment A Covenant that Tenants shall Attorn Ch. 3. Sect. 24. The form of indorsing Attornments Ch. 6. Sect. 5 6 7. Of Livery and Attornment Sect. 9. An Attornment by a Collateral Deed Chap. 6. S. 8. Annuities and Rents Secured by way of use Chap. 9. Sect. 1 2 3. vide after in this Table Title Rents Bargain and Sale of Lands To make one Tenant to a Precipe for suffering of a Recovery Ch. 3. Sect. 13. Baron Feme Covenant by them to levy a Fine C. 3. Sect. 1 2. 7 8 9. To suffer a Recovery Ch. 3. S. 10 11. 18 19 20. The form of Covenants by Baron Feme Chap. 3. Sect. 30. Power given to Baron Feme to revoke Vses and limit New Ch. 12. S. 6 7. Charitable Uses An Annuity setled for the use of Poor people Chap. 9. Sect. 1. Condition vide Title Proviso in this Table Consideration of a Settlement or Conveyance Mony in part paid and in part secured Chap. 2. Sect. 1. Barring of an Estate Tayl c. Ch. 2. Sect. 2. Natural love raising Portions for Children Ch. 2. S. 3 4. To settle on Collateral Heirs Ch. 2. S. 5. Marriage and for a Joynture Ch. 2. S. 7. Performance of Agreement Sect. 8. Payment of Debts S. 9. Setling in Name and Bloud Chap. 2. Sect. 7. Ch. 14. S. 1. Covenants The form of Joynt and Several Covenants Ch. 3. S. 20. To levy a Fine sur Cognizance de droit c. by Husband and Wife Ch. 3. S. 1 2. By several peâ—sons severally interessed Ch. 3. S. 3. in the County of Lancaster Sect. 4. of Chester and Lancaster Sect. 5. in Auncient demesne Court Sect. 6. To levy a Fine with a Render of an Estate for years Ch. 3. S. 7. Of a Rent S. 8. A Fine sur Concessit Ch. 3. S. 9. To sue forth a Recovery with double Voucher Ch. 3. S. 10 11 12 13 14. Ch. 14. S. 8. Of Lands in several Counties Ch. 3. S. 15. in London S. 15. 20. in Auncient demesne Court Ch. 3. S. 21. in Court Baron S. 22. To sue forth a Recovery with single Voucher Ch. 3. S. 16 17 18 19. To make assurance of Lands Ch. 3. S. 23. For settlement of Lands to be purchased Ch. 15. S. 13. To permit Lands to descend Ch. 15. S. 15. That Tenants shall Attorn Ch. 3. S. 24. To produce Writings in defence of the Title S. 25. To pay back purchase Mony upon eviction Chap. 3. S. 26. upon dislike of the Purchase but if he like to pay more S. 27. Not to claim Dower Ch. 3. S. 28. To stand seized to Vses Ch. 5. S. 21. To permit the Wife to make a Will Ch. 16. S. 11. C. 17. S. 6 7. To alter the Vse limited to a Wife upon her claim of Dower Ch. 16. S. 14. That he is Owner and hath power to convey Ch. 15. S. 3 4 5. That the thing is free from Incumbrances Ch. 15. S. 6 7 8. To enjoy S. 9 10. Not to do any act to impeach a Settlement Ch. 15. S. 11. for further assurance Ch. 15. S. 12 13. To pay a Marriage Portion Ch. 17. S. 1. To pay a sum upon refusal to Marry Ch. 17. S. 2. To maintain the Young pair S. 3. To give or leave a sum to them by Will Ch. 17. S. 4. That if a Joynture fail of the value it shall be made up S. 8. To make satisfaction for what shall be evicted Ch. 17. S. 9. To pay back part of the Portion if the Wife die within three years without Issue S. 10. Debts A Vse limited for years to pay Debts Chap. 10. Sect. 1. Ch. 14. S. 6. Vse limited in Fee after Cognizors death to make sale for payment of Debts c. Ch. 10. S. 2 3. Ch. 14. S. 10. A limitation to such as shall be Executors to pay Debts Ch. 10. S. 4 5. Dower A Vse limited to the Wife in recompence of Dower Ch. 14. S. 6. Ch. 7. S. 2. c. Fcoffment Vses declared upon a Feoffment Ch. 5. S. 20 24. Ch. 16. S. 14 15 16. Fine Covenants to levy a Fine see before in this Table Title Covenants The forms of introducing Vses upon a Fine Ch. 5. S. 1 2 3 4. General Words Vsed for passing of Mannors Messuages Lands c. viz. a Mannor Ch. 18. S. 1. A Mannor and Advowson S. 2. A Messuage and Lands S. 3. A Messuage in London S. 4. An Inn S. 5. A Brew-house Ch. 18. S. 6. A Water-grist Miln S. 7 8. A Prebend S. 9. A Rectory S. 10. Joyntures Joyntures setled before and after Marriage vide the other Table in Ch. 16. Covenants used in Joyntures vide the other Table in Ch. 17. vide also in this Table Title Powers Livery and Seisin The forms of indorsement of Livery and Seisin Ch. 6. S. 1 2 3 4 5. Livery and Attornment together S. 9. Portions for Children A Vse limited for years in case of failer of Issue-male for raising Portions for Daughters Ch. 7. S. 15. Limitation for years to the Cognizees of a Fine to pay Daughters Portions Ch. 9. S. 11 12. Moneys to be paid yearly for Daughters maintenance until their Portions paid Ch. 9. S. 13. A Vse limited to the Cognizees until Daughters Portions paid or secured and after to them in remainder c. Ch. 9. S. 18 19 20. A Vse limited to Daughters to be void upon payment of their Portions or Security given for them by the Heirs males in remainder Ch. 9. S. 16 17. Power given to cestuy que Use for life to make Leases to raise Portions for Daughters Ch. 9. S. 10. To grant a Rent-Charge for raising of Portions Ch. 9. S. 21. A Portion to a younger Son secured by limitation of the Vse in the Land to him in case it be not paid Ch. 11. S. 13. Powers given to cestuy que Use for life To make a Joynture to a future Wife Ch. 8. S. 1 2 3 4 5 6 7 8. Ch. 14. S. 3. To settle a Rent for a Joynture Ch. 8. S. 5 6. To make Leases for lives or years with or without reservation of Rent Ch. 8. S. 10. That he and his Issue-male may make
Members though the greatest part of them consent thereto without the general consent of the whole Corporation may Levy a Fine for that shall not be good Corporations Spiritual as Bishops Deans and Chapters Heads and Fellows of Colleges and the like are forbidden and restrained by divers Acts of Parliament from levying any Fine of their lands belonging to them at this day but of the lands such persons have in their own Right they may levy Fines as other persons may do A Fine levyed by one Ioyntenant Tenant in Common or Partner of Lands so held by him to a Stranger another Ioyntenant Tenant in Common or Partner will be good And lastly take this general Caution concerning Cognizors in Fines That they must be such and have such an Estate in the Lands intended to be granted by Fine as they are not prohibited by any Law to levy the Fine otherwise the Fine will be void And hence it is That Bishops Deans and Chapters Prebends Parsons Vicars and the like may not levy a Fine of any Ecclesiastical Lands in which they have any Estate of Freehold in right of their Churches Houses c. for if they do it will be void after their lives Coke 11. 78. Plowd 575. 538. 375. 21 Edw. 4. 13. And hence it is that he that hath an Estate Tayl of the Kings gift of provision may not levy a good Fine of it to bind the King or the Issue in Tayl by 32 H. 8. Cap. 28. And that a Fine levyed by the heir that is an Intruder upon the Kings possession is void 1 H. 7. 5. 24 Edw. 3. 65. And hence it is that he that hath an Estate in Fee-simple of lands in the Right of his wife may not levy a Fine thereof without her and if he do she or her heirs or other person to whom the right may come may avoid it after her death 32 H. 8. Cap. 28. 12 Edw. 4. 14. Coke 6. 55. Brooke Fines 121. Concerning Cognizees in Fines you are to Wâ—o may be Cognizees in Fines know That any person that is capable of being a good Grantee in a Deed may be a good Cognizee in a Fine and may thereby have and take the thing granted by it And so any man or woman Sole or Covert of full age or under age any mad or Lunatick person Ideot or man de non sane memorie any person in or out of prison or beyond Sea any person attainted of Felony or Treason or outlawed in a personal Action a Bastard a Clerk convict an Alien any one of these may be a Cognizee and take by a Fine as well as by a Deed. And a Fine levyed to any such person is good 50 Edw. 3. 9. 3 H. 6. 42. 24 Edw. 3. 62. So Corporations Spiritual and Temporal Civil or Corporal may be Cognizees in Fines and Fines levyed to them will be good But before the Ingrossing of such a Fine there goeth alwaies a Writ to the Iustices of Common Pleas Quod permittunt Finem illum levari Note that a Fine sur Cognizance de droit come ceo c. may not be levyed to any person but one that is party to the writ of Covenant Except the Cognizee be a Demandant in a writ of Entry And so a Fine levyed by the Demandant to the Vouchee who is supposed by the Law to be Tenant to the land or from the Vouchee to the Demandant is good and yet they are not Parties to the Writ But a Fine levyed by the Vouchee to a Stranger is void Coke 3. 29. 7 Edw. 4. 13. Care must be taken in Fines that Cognizors and By what names Cognizors and Cognizees may give and take in a Fine Cognizees must be named in Fines by their right names of Baptism and Surname except they be Kings Princes Dukes Marquesses Earls Viscounts or Barons which are admitted without any surname as Jacobus Rex Angliae Carolus Princeps Walliae Johannes Dux Lancastr c. But for Knights Esquires and Gentlemen which be names of Worship and Honour their Christian name and Sur-name are alwaies expressed together with their Additions And as for the Additions of Bishop Dean Parson c. they are admitted in Fines rather out of Courtesie then necessity for the Fine may be good without them Brownlow 1. part 30. 7 H. 4. 22. 1. Ass pl. 11. 14 H. 6. 15. 21 Edw. 4. 8. 1. Ass pl. 11. But if there be two of one name it is best to distinguish them by Seniori Juniori or the like Brownlow 1. part 30. So if it be a Corporation or Fraternity to be named in the Fine care must be had that it be done by the very true name of the Corporation as it is named in the Charter and Foundation of it 11 H. 4 44. 14 H. 4. 20. 7 H. 6. 27. 37 H. 6. 29. CAP. V. Of what things Fines may be levyed and â— by what Names and how the Parcels are to be placed therein A Fine may be levyed of all things whereof a Of what things Fines may be levyed Precipe quod reddat lyeth or of which a writ of Entry may be brought It will be good of all things Ecclesiastical or Temporal that are inheritable and in Esse at the time of the levying of the Fine So a Fine may be levyed of an Honour Mannor Island Barony Castle Messuage Cottage Mill Toft Curtilage Dovâ—house Garden Land Meadow Pasture Wood Vnder-wood Chappel River Parsonage Rectory Advowson Vicaridge Tythes impropriate â—stovers Foldage Corrody Office Fishing Warren Fair Mine View of Frank-pledge Waif Stray Felons goods Deodand Hospital Furzes Heath Moor Rent Common Hundred Way Ferry Franchise Seignory Toll Tallage Picage Pontage Services Portion of Tythes Oblations and the like But a Fine levyed of Antient Demesne Lands will not be good Stat. 32 H. 8. Cap. 7. Coke 8. 145. West Symb. 2. part Anciently in levying a Fine of a Mannor it was By what Names things may be levyed in Fines Manerium usual to add to it or explain it by the words Demesns Rents Seigniories Courts Pleas c. And such Generals whereof it consisted but this way is altered and now it passeth by the name of Manerium cum pertinentiis 3. Inst 513. That things passed in Fines must be set down by their Nature and quality as Land Meadow Pasture c. and by the place where they lye there must be apt words used to express the thing named to pass by the Fine For a Fine levyed de tenemento or de hereditamento or de duobus tenementis for the uncertainty of the thing and unaptness of the words is void or voidable at least for Error Crooke 1. 196. Leon. Rep. 188. for the proper word to express a Tenement or Hereditament in a Fine Messuagium is Mesuagium and a Fine levyed de uno mesuagio or duobus mesuagiis is good That one Mannor may be parcel of another Mannor and pass by the name of that Mannor 20 Ass
cum pertin prefat Edwardo Roberto hered ipsius Edwardi contra omnes homines imperpetuum Et pro hac Recogn Remissione quier clam Fine Concordia iidem Edwardus Robertus concesserunt predicte Marie quandam Annuitatem sive annualem redditum duodecim librarum exeun de predict Manerio tenementis cum pertin Habend tenend annuatim percipiend predictum annualem redditum duodecim librarum prefate Marie Assign suis ad Festa Sancti Michaelis Archangeli vel Annunciationis beate Marie Virginis prox immediate sequen post mortem predicti Willielmi pro durante vira naturali ejusdem Marie ad duos Anni terminos viz. Sancti Michaelis Archangeli Annunciationis beate Marie Virginis per equales portiones Annuatim solvend in plena Recompensatione totius talis Juncture sive dotis que iidem Marie contingere debeat de aliquibus terris tenementis predicti Willielmi Palmer Et si contingat predictum Annualem redditum duodecim librarum vel aliquam inde parcellam aretro fore post aliquod Festum festorum predictorum in quo sive quibus ut prefertur solvi deberet per prefat Willielm insolut quod tunc toties bene licebit eidem Marie Assign suis in predicta Maneria tenementa cum pertin sive in aliquam parcellam inde intrare distringere districtionesque sic ibid. capt licite abducere effugare penes se retinere quousque de predicto annuali redditu duodecim librarum ac de qualibet inde parcella una cum arreragiis ejusdem si que fuerint plenarie satisfact fuerint persolut Et ulterius iidem Edwardus Robertus concesserunt predicto Willielmo Maneria tenementa predicta cum pertin illa ei reddiderunt in eadem Curia Habend Tenend predictum Manerium tenementa cum pertin prefato Willielmo â—eredibus suis imperpetuum Tenend de Capital dominis feodi illius per servicia que ad predictum Manerium tenementa pertinent imperpetuum Sect. XIII A Fine sur done Grant with render of the Premises to one of the Cognizors for 21 years to Commence after the death of Tenant for life the Reversion to the other Cognizees and their Heirs Essex ss PRecipe Willielmo King Katharine uxori ejus Simoni Smith quod juste c. teneant Johanni Smith Thome Hill Conventionem de tertia parte unius Mesuagii unius Horrei unius Gardini quadraginta acrarum Terre duarum acrarum Prati trium acrarum Pasture cum pertin in H. M. Et nisi c. ET est Concordia talis scilicet quod predict Willielmus King Katharina Simâ— recogn tertiam partem predict cum pertin esse jus ipsius Johannis ut illa que iidem Johannes Thomas habent de dono c. Release and Warranty ut supra Et pro hac c. iidem Johannes Thomas concesserunt predicto Simoni tertiam partem predictam cum pertin ill ei reddiderunt in eadem Curia Habend tenend eidem Simoni à Festo Sancti Michaelis Archangeli vel à festo Annunciationis beate Marie Virginis quod prius prox contigerit vel erit post mortem cujusdam Elizabethe modo uxoris Willielmi T. nuper uxoris Richardi S. defunct usque ad finem terminum viginti unius Annorum extunc prox sequen plenarie complend finiend reddendo inde annuatim predictis Thome Johanni heredibus ipsius Johannis duodecim denarios ad festa Annunciationis beate Marie Virginis Sancti Michaelis Archangeli per equales portiones solvend Et si contingat predictam Annuitatem sive Annualem redditum 12d in parte vel in toto post aliquod Festum festorum predictorum recite the clause of Distress ut supra usque satisfact persolut Et â—lterius concesserunt predicti Johannes Thomas Hill predictis Willielmo King Katharine Reversionem tertie partis predicte cum pertin redditum predictum superius reservat Et illa eis reddiderunt in eadem Curia Habeâ—d tenend eisdem Willielmo King Katherine heredibus ipsius Katharine imperpetuum Tenend de Capitalibus dominis feodi illius per servicia que adinde pertinent imperpetuum Sect. XIV A Fine sur Concessit by Baron and Feme she being Tenant for life where the Lands are granted during the life of the Woman to the Cognizee Lincoln ss PRecipe Richardo Smith generoso Katherine uxori ejus quod juste c. teneant Thome Herd Conventionem c. de uno Mesuagio quaâ—â—or acris Terre tribus acris Prati sex acris Pasture cum pertin in E. Et nisi c. ET est Concordia talis scilicet quod cum predicti Richardus Katherina habent renent ut in jure ipsius Katherine pro termino vite ejusdem Katherine tenementa predicta cum pertin revertione inde post decessum dicte Katherine Marie Royden heredibus suis spectan â—idem Richardus Katherina concesserunt predicto Thome Herd tenementa predicta cum pertin Et totum quicquid in predictis tenementis cum pertin habent in eadem Curia reddiderunt Habend â—enend eidem Thome assign suis durante tota viâ—a dicte Katherine tenend de Capitalibus dominis feodi illius per servicia que adinde pertinent imperpetuum Et predicti Richardus Katherina warant predicto Thome Assignatis suis renementa predict cum pertin sicut predictum est contra omnes homines imperpetuum Et pro hac c. Sect. XV. A Fine sur Cognizance de droit of Lands which the Cognizee hath part in Possession and are granted to him in Fee for ever the residue being in Lease for life the Cognizor grants to him the Reversion after the death of Tenant for life Lincoln ss PRecipe Henrico Headlam quod juste c. teneat Arthuro Calverly Conventionem c. de uno Mesuagio quatuor Cottagiis quatuor Toftis uno Collumbar tribus Gardinis Centum quatuor acris Terre quadraginta acris Prati viginti acris Pasture duabus acris Bosci viginti acris Jampnorum Bruere viginti acris Marisci cum pertin in Scawby c. ac de libera Piscar in aqua de Antolne Et nisi c. ET est Concordia talis scilicet quod predictus Henricus recogn tenementa predicta cum pertin esse jus ipsius Arthuri de quibus idem Arthurus habet unum Mesuagium duo Cottagia duo Tosta unum Gardinum octoginta acras Terre viginti quatuor acras Prati viginti acras Pasture duas acras Bosci viginti acras Jampnorum Bruere viginti acras Marisci parcell tenementorum predictorum cum pertin de dono predicti Henrici Et illa remisit quiet clam de se heredibus suis prefato A. heredibus suis imperpetuum Et concessit pro se heredibus suis quod duo Cottagia duo Tofta
suggests the Cognizor is dead and pray's a Scire facias against his heir ET super hoc iidem Richardus Jana dicunt quod pred Johannes Law in fine pred nominat mortuus est quodque Elizabetha Law est filia heres predict Johannis Law cui stat in feodo simplici de in Manerio Tenementis predictis cum pertin per finem pred concessus fuit Quodque eadem Elizabetha est modo uxor Alex. Page Et pet brev domini Regis ad premuniend predictos Alex. Eliz. essendi coram domino Rege auditur Record processum predict ei conceditur c. Ideo precept est Vic. Essex quod per probos c. scire fac pred Alex. Eliz. quod sint coram domino Rege apud Westm A die Pasche in quindecim dies ubicunque c. auditur Recordum processum pred si c. Et ulterius c. Idem dies dat est prefat Richardo Jane ibidem c. Ad quem diem coram domino Rege apud Westm ven pred Richardus Jana per Attorn suos pred Et Vic. videlicet A. B. modo mand quod ipse virtute brevis predict sibi inde direct scire fecit prefat Alex. Elizabethe essendi coram dict domino Rege apud Westm. ad diem locum predict prout sibi per brev pred precept fuit per M. R. J. D. probos c. qui quidem Alex. Elizabeth sic premuniti quarto die placiti solempnit exact per J. B. Attorn suum similiter ven super quo pred Richardus Jana ut prius dicunt quod in Recordo processu pred acetiam in levatione finis predict manifeste est Errat allegando Errores predict per ipsos in forma pred allegat Et pet quod finis pred ob errores illos alios in Recordo processu predict compertos revocetur adnulletur penitus pro nullo habeatur Et quod ipsi ad omnia que ipsi occasione finis pred amiser restituantur c. H. 26 Eliz. Rot. 93. in Banco Regis CAP. XI The Charges of a Fine acknowledged either before the Lord Chief Justice at the Bar or before a Judge of Assize or Commissioners in the Countrey by Dedimus Potestatem Sect. I. The Charges of a Fine acknowledged before the Lord Chief Justice are as follow   s. d. DRawing the Precipe and Concord 0 3 4 Acknowledging thereof before the Chief Iustice 0 11 8 Writ of Covenant 0 3 0 Imposition upon the Writ of Covenant 0 0 6 For the Kings Fine according to the value of the Land Imposition thereupon accordingly  The several Fees at the Alienation Office 0 2 4 Warant of Attorney making and filing 0 0 4 Paid at the Inrollment Office 0 2 0 To the Custos Breviâ—m 0 3 8 To the Kings Silver-Office in Term time 0 0 10 If out of the Term 4d more if taken before the Chief Iustice but if by Dedimus you pay 0 1 8 To the Chirographer in Term time and 6d more after 0 5 8 For the Indentures to the Chirographers Clerks for the first warranty 0 3 6 For every Warranty afterwards 0 0 6 Attorneys Fee 0 6 8 Sect. II. The Charges of a Fine acknowledged at the Bar.  l. s. d. TO a Sergeant at Bar 0 3 4 To the second Prothonotary or his Clerk in Court for Recording the Fine 0 1 4 Fees paid in Court to the Box and Officers 0 0 6 In all things else the Fees are the same of a Fine acknowledged at Bar as if it had been taken before the Lord Chief Justice Sect. III. The Charges of a Fine acknowledged before Commissioners in the Country by special Dedimus potestatem TO the Cursitor for the Dedimus with Imposition 1 4 8 To a Iudge for his hand or Allocatur in case a Knight be not present at the Caption 0 4 0 But when a Knight is present you need not a Iudges hand    The rest of the Fees are the same in this Case as when acknowledged before the Lord Chief Justice Sect. IV. The Charges of a Fine taken before a Judge of Assize   s. d. IN this case the Charges are the same as when acknowledged before the Lord Chief Iustice the Fee for the Caption being also 0 11 8 Onely you pay to the Cursitor for a Dedimus potestatem 0 9 6 The rest of the Fees are as Sect. the first ARCANA CLERICALIA OR A Treatise OF Common Recoveries UPON WRITS of ENTRY IN le Post WITH Notes and Observations thereupon AND A TABLE of Fees Printed Anno Dom. 1673. Arcana Clericalia OR A Treatise OF Common Recoveries UPON Writs of Entry In le Post A Common Recovery defined A Common Recovery is onely fictio Juris or a Conveyance by consent used for the better assuring of Lands and Tenements upon any man wherein the Recovery in value the supposed Recompence for him which loseth his land is but a fiction in Law And this Recovery by assent is now by custome become a Common Assurance and Conveyance upon which Vses may be limitted and raised Coke 1 part Sir William Pelhams Case 14. But there is a great difference between a Recovery by assent and a Recovery without assent of the Parties Vide 14. El. Cap. 8. The former definition explained IF any person have a desire to render himself capable of disposing of Lands or Tenements which are intayled upon him and would be enabled to sell give or bequeath them as he pleaseth the course is to procure some friend to bring a Writ against him for this Land or in case where he doth sell the Land perhaps he that buyeth it or is to have it setled upon him shall bring the Writ against him that is to make the Assurance of the Land if it be with a single Voucher And in this case the Demandant being Plaintiff in this Action doth suppose that the Tenant or he against whom the Writ is brought hath no right to the Land but that he onely viz. the Demandant hath right thereunto and that the Tenant came to the Land wrongfully by means of one Hugh Hunt a stranger therein named And to this Writ the Tenant doth appear either by Attorney or in person and then doth enter into defence of the Land but in Pleading doth vouch to warant such a man from whom or his Ancestors the Lands in question are supposed to come to him or his Ancestors the Ancestor of which third person obliging himself and his heirs by Conveyance to warant and make good the Title to him or them to whom it was Conveyed and thereupon he prayeth that this Vouchee or third person may be called into Court to defend this Title whereupon being called he doth appear and seem to defend the Title denying that the Tenant came to the land wrongfully by means of the aforesaid Hugh Hunt upon which he takes Issue
or put himself upon the Country whereupon the Demandant prayeth a further day to imparle or confer about the matter which being granted unto him by the Court at the day appointed the Vouchee or third person aforesaid by Agreement and consent of the Parties comes no more into Court but makes default whereby judgment is given and awarded by the Court to the Demandant that he shall recover against the Tenant the Lands in question and that the Tenant shall recover over so much Land of the third person as is sufficient to recompence him for the Land recovered from him which the said third person or Common Vouchee ought to have waranted and defended but suffered to be lost And this is a Recovery in value or pro Rata But if the Recovery be with a double Voucher or treble Voucher then the third person upon his appearance is to call or vouch to warant a fourth person who must be the Common Vouchee and to alleadge in the same manner as the Tenant doth and pray that such fourth person may come in who thereupon must appear and make default in such manner as before is mentioned of the third person in the Recovery with single Voucher And so if there be more Vouchers And then there must be several Recoveries over in value against every one of them But he that is last vouched or called to waranty is alwaies Common Vouchee who is usually Bag-bearer to the Custos Brevium of the Court of Common Pleas and hath not any Land to render in value upon the supposed warranty And by this means grounded upon the strict Principles of Law the first Tenant doth willingly let go the land for the assurance of the Purchasor and yet in truth hath no recompence over because the Vouchee hath no Land to render in value Of what a Writ of Entry may be had and by what Names A Precipe quod Reddat lyeth de Castro Manerio Mesuagio Tofto Molendino Columbari Gardino de Terra Prato Pastura de Bosco de Jampnis Bruera de Mora de Juncariis de Marisco salso frisco de libera Piscaria in Aqua de E. de redditu de communia Pasture pro omnibus averiis de communia Estoveriorum de Pannagio pro Porcis de Visu Francii Plegii de Rectoria de L. cum pertin de quibusdam portionibus decimarum provenien crescen seu renovan in K. de Advocatione Ecclesie de W. de Advocatione Vicarie Ecclesie de S. It lyeth also de Terra Aqua cooperta de passagio ultra Aquam de Balliva de Officio de quarta parte decimarum de omnibus omnimodis decimis Majoribus mixtis minutis infra Villam sive Hamlett de B. infra Parochiam de A. quoquomodo crescen contingen ac annuatim renovan c. de Tofto situ Molendini de Hundredo de C. de Ballivato de B. de Pastura ad sex Boves de roda Terre de medietate unius rode Terre de Shopa de Wharfa de Keia Of what things a Writ of Entry lyeth not IT is said in the Practical Counsellor fo 196. that a Writ of Entry may not be de Piscaria Estoveriis de Gardino and in the Compleat Sollicitor printed this present year 1672 fo 62. that a Precipe quod Reddat lyeth not de Piscaria de Estoveriis nec de communia Pasture nor of a Garden And so it is said in the Attorneys Guide fo 129 All which you will find to be otherwise by the Precedents of Recoveries in this Treatise And certainly it is a very great mistake for any person that treats publickly of Recoveries to say that a Writ of Entry lyeth not of a Garden the opinion being so directly contrary to the Rule of the Register by which it evidently appears that the word Gardinum is alwaies used in real Actions as Writs of Entry in le per cui post de placito Terre either for a Garden or Orchard as you will find by the ensuing Precedent Et predictus M. per A. L. Attorn suum ven petir indicium de brevi predicto Qua dicit quod breve illud viciosum est in se non impetrat versus eundem M. secundum cursum Registri seu secundum formam naturam brevis domine Regine de ingressu super disseisinam in le per seu alicujus al. brevis domine Regine de placito Terre quia in eodem brevi apparet quod predictus J. inter alia petit versus ipsum M. unum Pomarium modo forma sequen videlicet Precipe M. T. Ar. quod juste c. reddat J. D. unum Mesuagium unum Gardinum unum Pomarium c. cum pertin inter alia in G c. ubi secundum cursum formam Registri hoc verbum Pomarium in aliquo brevi de placito Terre secundum naturam ejusdem brevis nunquam ponitur quia hoc verbum Gardinum secundum cursum formam Registri semper comprehendit in se Pomarium undo ex quo c. New Book of Entries intituled Formule bene placitandi Title Abatement A Writ of Entry therefore cannot be brought de Pomario for the Reasons above nec de Fossato Stagno nec de Advocatione decimarum unius Curucat Terre nec de Homagio fidelitat nec de serviciis faciendis nec de bovat Marisci nec de Selione terre for the incertainty because a Selion which is a land containeth sometimes an acre sometime half an acre sometimes more and sometimes less it cannot be had of a Croft nor of a yard land virgata Terre nec de Fodina de Minera nec de Mercatu for they lye not in demesne but gain nec de superiori camera 3 H. 6. fo 1. A Writ of Entry ought not to contain the same thing twice as a Mesuage and an House parcel of the same Mesuage 3 Ed. 4. fo 28. 46 Ed. 3. fo 26. nor to name a Town and a Hamlet within the same Town 22 Ed. 3. fo 11. 41 Ed. 3. fo 22. but the Practice is otherwise at this day Of Common Recoveries upon Writs of Entry in le Post Their Forms c. ss Midd. ss PRecipe Roberto Bellingham generoso A Precipe to be entred upon the Remembrance Single Voucher Cornelio Bellingham generoso quod jâ—ste c. reddant Alexandro Houghton generoso decem Mesuagia decem Tofta unum Columbare decem Gardina Centum acras Terre quadraginta acras Prati septuaginta acras Pasture cum pertin in A. C. L. N. B. que clam c. Write thus in the Margin ss Tenentes in propriis personis voc ad War Edmundum Clent ss Kanc. ss PRecipe Jacobo Hart generoso quod The like Double Voucher juste c. reddat Isaaco Burdet generoso unum Mesuagium tres acras Terre tres acras Prati viginti acras Pasture cum pertin in Deptford alias Detford alias West Greenwich que clam
Johannem de tenementis predictis cum pertin prout iidem Carolus Johannes per breve narrationem sua predicta superius supponunt Et de hoc ponunt se super Patriam c. Et predicti Carolus Johannes petunt licentiam inde interloquendi Et habent c. Et postea iidem Carolus Johannes reven hic in Curia isto eodem Termino in propriis personis suis Et predictus Edmundus licet solempniter exactus non reven set in contemptum Curie recessit defaltum â—ecit Ideo consideratum est quod predicti Carolus Johannes recuperent seisinam suam versus prefatum G. de tenementis predictis cum pertinentiis Et quod idem G. habeat de terr predicti Edmundi ad valentiam c. Et ideâ— Edmundus in misericordia c. Et super hoc iâ—â—em Carolus Johannes petunt breve domini â—egis Vic. Com. predicti dirigend de habere fâ—â—end eis plenariam seisinam de Tenementis redictis cum pertin Et eis conceditur retorn â—ile hic à die Sancti Michaelis in unum Menseâ— c. Ad quem diem hic ven predict C. J. in â—ropriis personis suis Et Vic. videlicet G. H. Bar modo mand quod ipse virtute brevis predict sibi direct 26. die Nov. Ult. preterit habere fec prefat C. J. plenar seisinam de tenementis predictis cum pertin prout per breve illud sibi preceptum fuit c. Observanda Although this is called a Recovery with single What a Recovery with single Voucher is Voucher yet you will find two Recoveries included therein The first by the Demandant against the Tenant which in the form next above is thus Ideo consideratum est quod predicti Carolus Johannes which are the Demandants recuperent seisinam suam versus prefatum Galfridum the Tenant de tenementis predictis cum pertin And the second Recovery is by the Tenant against the Common Vouchee in these words in the precedent next above Et quod idem Galfridus habeat de terra predicti Edmundi the Common Vouchee ad valentiam c. The intent of a Common Recovery with single What is intended by a Recovery with single Voucher Voucher is to bar the Tenant and his Heirs of such onely Estate-tayl which then is in him to destroy the Estates which others have of any Reversion expectant or Remainder dependant upon the same and of all Leases and Incumbrances derived out of such Reversions or Remainders ss Hanc ss ISaacus Burdet generosus in propria A Recovery with double Voucher persona sua petit versus Jacobum Hart generosum unum Mesoagium tres acras Terre tres acras Prati viginti acras Pasture cum pertinentiis in Deptford alias Detford alias West Greenwich ut jus hereditatem suam Et in que idem Jacobus non habet ingressum nisi post disseisinam quam Hugo Hunt inde injuste sine Judicio fecit prefato Isaaco infra triginta Annos c. Et unde dicit quod ipsemet fuit seisitus de tenementis predict cum pertin 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 producit sectam c. Et predict Jacobus tenens per War suam defendit jus suum quando c. Et vocat inde ad war Humfridum Mumford qui presens esthic in Curia in propria persona sua Et gratis tenementa predicta cum pertin ei war c. Et super hoc predictus Isaacus petit versus ipsum Humfridum Tenen per war suam tenementa predicta cum pertinentiis in forma predicta c. Et unde dicit quod ipsemet fuit seisitus de tenementis predictis com pertin in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiendo inde exples ad valentiam c. Et in que c. Et inde producit sectam c. Et predictus Humfridus tenens per warantiam suam defendit jus suum quando c. Et ulterius vocat inde ad warantizand Edmundum Clent qui similiter presens est hic in Curia in propr persona sua gratis tenementa predicta cum pertin ei war c. Et super hoc predictus Isiacus petit versus ipsum Edmundum tenentem per warantiam suam tenementa predicta cum pertinentiis in forma predicta c. Et unde dicit quod ipsemet fuit seisitus de tenementis predict is cum pertinentiis in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiendo inde exples ad valentiam c. Et in que c. Et inde producit sectam c. Et predictus Edmundus tenens per warantiam suam defendit jus suum quando c. Et dicit quod predictus Hugo non disseisivit prefatum Isaacum de tenementis predictis cum pertinentiis prout idem Isaacus per breve narrationem sua predicta superius supponit Et de hoc ponit se super patriam c. Et predictus Isaacus petit licentiam inde interloquendi Et habet c. Et postea idem Isaacus revenit hic in Curia isto eodem Termino in pro pria persona sua Et predict Edmundus licet solempniter exactus non revenit set in contemptum Curie recessit defaltum facit Ideo consideratum est quod predictus Isaacus recupeâ—et seisinam suam versus prefatum Jacobum de tenementis predictis cum pertinentiis Et quod idem Jacobus habeat de terra predicti Humfridi ad valentiam c. Et quod idem Humfridus ulterius habeat de terra predicti Edmundi ad valentiam c. Et idem Edm. in misericordia c. Et super hoc predictus Isaacus petit breve domini Regis Vic. Com. pred dirigend de habere faciend ei plenariam seisinam de tenementis predictis cum pertinentiis ei conceditur retornabile hic a die Sancti Martini in quindecim dies c. Ad quem diem hic venit predictus Isaacus in propria persona sua Et vicecomes videlicet A. S. Armiger modo mandat quod ipse virtute brevis illius sibi directi vicesimo quarto die Novembris ultimo preterito habere fecit prefato Isaaco plenariam seisinam de tenementis pre dictis cum pertinentiis prout per breve illud sibi preceptum fuit c. Observanda In a double Voucher three Recoveries are mentioned What is meant by a Recovery with double Voucher that is to say one where the Demandant hath judgment to recover the land against the Tenant another where the Tenant hath likewise Iudgment to recover in value against the Voucher and lastly where the first Voucher hath also the like Iudgment to