whereupon Proclamations be not or shall not be duly made by reason of the adjournment of any term by Writ shall be as good as if any Term had been holden from the beginning to the end and Proclamations therein made according to the Statute 5 H. 4. cap. 14. All Writs of Covenant and other whereupon Fines be levied the Dedimus Potestatem and all Conusances and Notes of the same before that they be drawn out of the Common Bench by the Chirographer shall be enrolled in a Roll to be of Record for ever out of the which execution shall be had if the notes or fines shall be imbezelled 34 H. 7. cap. 24. Every Fine after the engrossing shall be proclaimed in the Court the same Term and the three next four several dayes in every Term all Pleas ceasing the whilest which Proclamations so made the fine shall conclude all Privies and Strangers except women covert persons within 21 years of age in prison out of the Realm or of nonsane memory being no parties to the fine so they or their heirs take their action or lawful entry within five years after those imperfections removed Saving to all persons and their heirs other than parties the right claim and interest which they have at the time of the fine so that they pursue it by Action or lawful Entry within five years next after the Proclamations And saving to all other persons such right title claym and interest as first shall grow remain or come to them after the Proclamations by force of any matter before the fine so they take their right according to the Law within five years after it growes c. And those that be Covert Baron c. at the time when it groweth c. that they or their heirs take their actions or lawfull entry within five years after those imperfections removed Saving also to all not parties nor privies the exception that none of the parties nor any to their use had any thing in the Lands at the time of the fine 31 H. 8. cap. 36. All Fines levied by any person of 21 years of age of Lands entailed before the same fine to himself or his Ancestors in Possession Reversion Remainder or Use shall immediately after Proclamation made be a sufficient Barre against him and his heirs clayming only by such entayle and against all other clayming onely to his use or the use of any Heir of his Body 23 Eliz. cap. 3. Every Writ of Covenant or other Writ whereupon any Fine is levied the Return thereof the Dedimus Potestatem and return thereof the Concord Note and Foot of the Fine the Proclamations and Queens silver Also every Writ of Entry in the Post or other Writ whereupon any Common Recovery is suffered the Writs or Summons ad Warrantizandum and the returns of all these Writs and every Warrant of Atturney may at any mans request be enrolled which enrollment shall be of as great force to all purposes in Law as the things themselves if they were extant No Fine Proclamation or Common Recovery shall be reversed by Writ of Error by reason of false Latine rasure interlining mis-entring the Warrant of Atturney or of any Proclamation mis-entring or non-return of the Sheriff or by reason of any other defect of Form in words and not in matter of substance 31 Eliz. cap. 2. Proclamations of Fines shall be onely four times viz. once in the Term wherein the fine is engrossed and once every of the three Terms next after Of a Recovery A Common Recovery is onely Fiâ—lio Juris being a certain form used for the better assuring of Lands or Tenements upon any man And this Recovery by assent is now by common usage a kind of conveyance upon which a use may be limited and averred And there is a great difference between a Recovery by assent and a Recovery without assent though without title Co. 1. Sir William Pelhams Case 14. In the formalities whereof three things or parties are required viz. a Demandant a Tenant and a Vouchee as efficient causes thereof and the Land demanded as the matter thereof 1. The Demandant is he that brings the Writ of Entry and may be termed properly enough the Recoveror 2. The Tenant is he against whom the Writ is brought and may be stiled the Recoverce 3. The Vouchee is he whom the Tenant voucheth or calleth to warranty for the Land in demand And it is either with a single Voucher which is where the Writ is brought against him that is to pass the Land immediately and he doth vouch over the common Vouchee And sometimes with a double Voucher which is when the writ is brought against another to whom he that is to pass the Land hath aliened it and he doth vouch him that is to make the assurance and he doth vouch over the common Vouchee and this is the surest and safest kind of Recovery And this may be also with a treble Vouchee And here observe That a Common Recovery is much of the nature of a Fine and hath much favour from the Law at this day and is in some respects better than a Fine for a fine will barre the Heir in tail but not him in Remainder or Reversion but a Recovery bars them all Co. 1.22.62 The method of suffering a Recovery and the manner and order of proceeding therein is as followeth First There must be a Writ of Entry and therein a Demandant a Tenant and a Vouchee for if either of these be wanting it is not a compleat Recovery and such persons and by such names may be Demandants Tenants and Vouchees in Recoveries as may be Cognisors and Cognisees in Fines Co. upon Litt. 372. But the persons and parties must be competent and capable and there must be a lawful Tenant to the Praecipe 2. In the Writ of Entry there must be Land contained or some other thing demanded and that such as is demandable and therefore we are to take notice That of such things and by such names as a Writ of Covenant for the levying of a fine may be had a Writ of Entry for suffering a Recovery may be had See Doctor and Student 52. Mores Rep. 953. 3. It must not contain the same thing twice as to name a Messuage and a House parcel of the same Messuage nor a Town and a Hamlet within the same Town 4. If the Writ of Entry be returnable Crastino Martini the Writ of Summons ad Warrant thereupon must bear Teste from the return of Crast Mart. and be returnable nine returns after the return of the Writ of Entry inclusivè that is accounting Crast Mart. for one of the nine returns and Tres Paschae which is the ninth return after Crast Mart. for another And the Teste of the Writ of Seisin must be the day of that ninth return and be returnable fifteen days after If a single Recovery and a Fine be against the Tenant the Writ of Entry must bear date and Teste before the Writ of
Covenant and be returned before it 5. If a Writ of Covenant be brought against the Tenant and a Writ of Entry against the Demandant then the Writ of Covenant must bear date and be returned before the Writ of Entry and this is called the double Voucher 6. That all Writs of Entry must be signed by the Kings Attorney before they be sealed and Fines to the King are to be paid upon them as upon Writs of Covenant The Warrant of Attorney by the Clerk of the Warrants and the Writ of Entry Summons and Seisin are to be returned and filed with the Custos Brevium and the Judgment to be entred by the Prothonorary 7. That in a Recovery with a double Voucher the fine must be sued first to make him Tenant to the Writ of Entry brought either by right or wrong for every Writ of Entry must be brought alwayes against him that is Tenant of the Freehold of the Land demanded at the time of the Writ brought he must be at least Tenant for life or a Disseisor of the Land whereof the Recovery is had for the Estate of the Tenant in tail which is vouched is barted in respect of the Assets onely which are or may be recovered in value end of execution sued by the Tenant against him Plow 11. Dyer 252. And if the Tenant have but an Estate for life or in Dower or by Curtesie in these cases to have a good Recovery such Tenant is â—o make a conditional Surrender of his Estate to him in Reversion or â—â—mainder that he may be a perfect Tenant to the Inheritance and then to bring a Writ of Entry against him and after the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his Estate notwithstanding such Surrender A President for a Lease to make a Tenant to the Praecipe THis Indenture made c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That whereas the said A. B. doth hold one Messuage c. in D. in the County of M. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his heirs or to the heirs of his body lawfully begotten for ever Now the said A. B. for the making and perfecting of some assurance shortly to be made of the same Messuage c. by way of common Recovery Hath Granted and Surrendred and by these presents Doth Grant and Surrender unto the said C. D. and his heirs upon the condition herein after mentioned all that the said Messuage c. and all the estate right title and interest of the said A. B. therein To have and to hold to the said C.D. and his heirs upon condition That if the said C.D. do not pay or cause to be paid to the said A. B. the Sum of 1000 l. of lawful English money upon the first day of December next comeing after the date hereof That then and from thenceforth this Grant and Surrender shall be utterly void and it shall be lawfull for the said A. B. into the same Messuage c. to re-enter and the same to repossess and enjoy as in his former Estate In witness c. As to the Warrant of Attorney and Dedimus Poâ—estatem take this First That in the suffering of Recoveries the Tenants and Vouchees do most commonly appear in person But if they cannot or will not then they may make an Atturney And in that case there must be a Conusance for a Warrant of Atturney taken to authorize the Atturneys and a Dedimus Potestatem to some to take it in this manner Lond. ss Praec A. B. et C. uxor ejus quod juste c. redd D. E. Manerium de M. cum pertin c. quae clamâ—ee â—us et haered suam et in quae tidem A. B. non habent ingress nisi post disseâ—â—nam quam H. H. injuste et sine judicio secit praefat D infra 30 annâ—s jam ultim clapsos c. â—t dic c. Lond. ss A. B. et C. po lo. suo W. W. et R. R. Attornat suos conjunctim divisim versus D.E. de placito terrae Lond. ss M. M. Gen. quem A.B. et C. vocant ad warrant po lo. suo I. I. et L. L. Attornat suos conjunctim et divisim versus D. E. de placito terrae Lond. ss G. W. Gen. Quem M. M. voc inde ad warrant po lo. suo R. G. R. S. Attornat suos conjunctim divisim versus D. E. de placieo terrae Secondly That in these cases there must be two Atturneys at the least and to give them an authority joyntly and severally that if one of them dye before the Recovery be suffered the other may have power to do it And in the Counties Palatine it is usuall to put one Atturney and one of the Justices Clerks Thirdly When this is done the Recoveries may be suffered by the Atturneys without the personal appearance of the parties and such Recovery is good only it will require a longer time to perfect it for in this case there must go forth a Summoneas ad warran which must have Nine Returns ere it can be perfected Fourthly The Recovery thus suffered by the parties in person or by their Attorneys the same must be entred by one of the Clerks of the Court of Common Pleas upon the Rolls of the same Court there to remain upon Record The Forms of Recoveries suffered in the Common Pleas Court or elsewhere are well known to Clerks there Practising However I will give you one excellent President of a Recovery suffered in the Court of the Hustings at London and likewise the forms of Indentures to limit and declare the Uses of Recoveries A President of a Recovery suffered in the Hustings Court London with double Voucher PLacita terrae tent in Hustingo in Guyhald ' Lond ' die Lunae proxime post festum sancti Johannis ante Portam Latinam Anno Regni nostri Jacobi dei gratia Angl ' Scot ' Franc ' Hibern ' Regis Pidei Defensor c. viz. Angl ' Franc ' Hibern ' 18. et Scotiae 53. Ad hunc Hustingum ven hic in propria persona sua D.W. et protulit hic in Cur. brev dicti domini Regis nunc de Recto Paten Majori Vicecomiti London directâ— in haec verba scilicet Jacobus Dei gratia Angl ' Scot ' Franc ' et Hibern ' Rex Fidei Defensor c. Majori et Vice-Com Lond. salutem Praecipimus vobis quod sine dilatione plenum rectum teneatis D. W. de 12 Mess 2 Gardinis et 5 Curtilagiis cum pertin in London quae clamat tenere de Nobis per liberum servitium unius denarii per annum pro omni servitio Quae R. V. ei deforc ne amplius inde clam audiamus pro defeâ—n Recti Teste Meipso apud Westm 4 die Maii Anno regni nostri Angl '
is covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the Right Honourable H. Earl of D. since deceased and to the said R. H. T. T. J. B. and H. H. and their heirs and to the Survivor of them and his heirs all and singular the Mannors of S. B. and S. in the said County of L. and also all and singular Suits Seigniories Services Franchises Priviledges Court-Leets Perquisites of Courts and Leets View of Frank-pledge and all appurtenances Emoluments and Hereditaments whatsoever unto the said Mannors and Lordships or unto any of them belonging and appertaining and also all and singular his Mannors Messuages Lands Tenements and Hereditaments whatsoever within the several Towns Townships Fields Hamlets Precincts and Territories of S. H. A. and O. and elsewhere in the County of L. to the several uses intents and purposes in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose in any wise The particulars of which said Uses do more plainly appear in and by the said recited Indenture relation being thereunto had In which said recited Indenture of the 35 year of her Highness Reign there is nevertheless contained one Proviso or Clause to the tenor or effect hereafter following that is to say Provided nevertheless c. here recite the Proviso of Revocation verbatim Now therefore it is agreed by and between the parties to these presents and the said E. S. according to the tenor power or liberty of the said Proviso being fully minded and determined to alter the Estate and Estates limited in use in or by the said mentioned Indenture of the 35 year of her Highness Reign unto T. S. of B. and the Heirs males of his body and also the Estate and Estates limited in use in or by the said recired Indentures unto J.S. for term of his life without impeachment of wast and after his decease then to E. S. son of the said J. and the heirs males of his body lawfully begotten doth by these presents and by force and according to the said Proviso or the power or liberty thereof revoke repeal and derermine all and every the said estate and estates in any wise limited in use in or by the said recited Indentures unto the said T. S. of B. and the Heirs males of his body lwfully begotten and also all and every the estate and estates in or by the said Indentures limited in use unto the said J.S. for term of his life and all and every the estate or estates in or by the said Indentures limited in use unto the said E. S. son of the said J. and the heirs males of his body lawfully begotten of in for or concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their appurtenances in any wise comprised or specified in or by the said Indentures And likewise the said E.S. doth hereby limit publish and declare according to the tenor of the said recited Proviso that all and every the Estates in any wise manner or form limited in use in or by the said recited Indenture unto the said T. S. and the Heirs males of his body lawfully begotten as also all and every the estate and estates in any manner or form limited in use in or by the said Indenture unto the said J. S. for term of his life without impeachment of wast and all and every the estate and estates in any wise manner or form limited in use in or by the said Indenture unto the said E. S. son of the said J. and the Heirs males of his body lawfully begotten shall from thenceforth of in for and concerning all and every the Mannor Lands Tenements and Hereditaments with their appurtenances in any wise comprised in the said recited Indenture shall cease determine be frustrate void and of no farther effect or continuance in Law any the limitations of use or uses in the said mentioned Indenture or any other matter or thing whatsoever to the contrary hereof in any wise notwithstanding And that all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their appurtenances and the only use thereof shall from henceforth remain continue and be unto the said E.S. party to these presents and his Heirs for ever and not in any sort manner or form unto the said T. S. and the heirs males of his body nor to the said J.S. for term of his life nor to the said E.S. Son of the said J. and the Heirs males of his body lawfully begotten nor to their or any of their Assign or Assigns In witness whereof c. A Declaration of Uses upon the Revocation above-written TO all to whom these presents shall come E.S. of S. in the County of L. Esq sendeth greeting Know ye That I the said E. S. having before the making hereof revoked reduced and revested the Estate of Inheritance of all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with the appurtenances scituate c. in and to me the said E.S. and my heirs for divers causes and considerations me thereunto moving Have Given Granted and Confirmed and by these presents do Give Grant and Confirm unto A. B. of c. and R.L. of c. all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with their appurtenances To have and to hold the said Mannors c. unto the said A. B. and R. L. their heirs and assigns to the several uses behoofs intents and purposes hereafter in these presents specified and to no other use intent or purpose whatsoever that is to say to the onely sole and proper use of me the said E.S. and my heirs and assigns for ever In witnesse c. We will now Illustrate the matter with some few Cases And first 1. In Trin. 25 H. 8. Barloe and those who were seised in Fee of the Land gave it to Jo Aprice and Joan his wife and the heirs of their two bodies engendered and after Jo. Aprice did discontinue the tayl to the use of Richard his Son and Anne his Wife and to the heirs of the body of the said Richard and after the said John dyed and Joan survived him And after Richard enfeoffed one Thomas a Bastard son in Fee After Anne dyes and one Robert Pattershall and others recover the same Lands against the said Thomas in a Writ of Entry in le Post wherein Thomas vouched the said Richard which voucheth over the common Vouchee and thereupon Judgment and Execution was had After this Joan dyed after whose death Richard dyed without lawfull Issue of his Body and after one Thomas Aprice younger Brother to the said Richard and Son of the said John and Joan brought a Formedon in Descender against Thomas the Bastard son and recovered the Land for that Joane was living at the time of the Recovery had and therefore the first entail was not bound and by the death
Prisoner be removed out of the Fleet that was there in Execution out of the Common-Pleas and he be removed by a Habeas Corpus cum causa and then sent to the Marshalsey for another debt and escape from thence In this case the Keeper of the Marshalsey and not the Warden of the Fleet shall be chargeable for both the first and the second debt Co. 4.98 Dyer 278. 10. If a Woman be Warden of the Fleet and she hath Prisoner one in Execution at my Suit and they marry together this shall be adjudged an escape in Law in the Woman for the prisoner is now by Law discharged So if a man have a Prison in Fee and his son and heir be his prisoner and he dye and the prison descend to his son this will be an escape in Law in the Guardian for which I may have an Action of Escape Plowd 37. The Statutes concerning this Point are Westm 2. cap. 18. He that recovereth debt or damages in the Kings Court may at his choyce have a Scire facias of the Lands and Chattels of the debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough Beasts and the moyety of his Land by a reasonable Extent till the debt be levied And if he be ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be Stat. 32 H. 8. cap. 5. Lands lawfully delivered in Execution upon a Judgment or Recognisance being evicted without any fraud or default in the Tenant before he have levied the whole debt and damages the Recoverer and the Recognisee shall have a Scire facias out of the same Court where Execution was awarded returnable there full Forty dayes after the date And thereupon a new Writ of Execution of the nature of the former to levy the rest of his debt and damages if the Defendant make default or shew no good matter in barre Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled A Writ of Execution shall be within the year so as the parties shall not need to plead After the year a Scire facias Of a Statute A Statute as it is taken for a legal assurance is an Obligation of Record and it is so called because it is made in pursuance of and according to the Form particularly provided for the same and is of three sorts viz. 1. A Statute Merchant 2. A Statute-Staple 3. A Recognisance 1. The Statute-Merchant is a Bond acknowledged before one of the Clerks of the Statutes Merchant and Mayor c. of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor of York c. chief Warden Master or Mayor of other Cities or Towns or before the Bayliffs of any Burrough or other sufficient men for that purpose appointed sealed with the Seal of the Debtor or Recognisor and of the King which is of two pieces the greater is kept by the Mayor c. and the lesser by the said Clerks This is upon 13 E. 1. Stat. 4. Acton Burnell 11 E. 1. Co. upon Lit. 289. And is after this Form NOverint universi per praesentes me A. B. de c. Teneri C. D. de c. in mille libris legalis monetae Angliae solvendis eidem C.D. ad Festum Sancti Michaelis Archangeli anno Regni Regis c. Et nisi fecero concedo quod currat super me et haeredes meos districtio et Poena provis in Statut. Domini Regis edit apud Westm Dat. apud Lond. die c. anno c. Or otherwise thus NOverint Universi per praesentes me R. D. de M. in Parochia de B. in Com. W. Gen. Teneri et per hoc praesens scriptum de Statut. Mercator firmiter Obligari H. M. de C. in Comitatu Civitatis L. Generos in quingentis libris bonae et legalis monetae Angliae solvend eid H. M. aut suo certo Attornato Executoribus et Assignatis suis in festo c. Et si non fecero volo et concedo quod currant super me haeredes Executores et Administratores meoâ— Districtiones et poenae praemissae in statut â—dit in Parliament Domini Edwardi primi quondam Regis Angliae apud Acton Burnell pro debitis mercatorum Recuperand ' Dat. In English thus MEmorandum That R. T. of H. in the County of K. Esq such a day and year came before our Lord the King in his Chancery at Westminster personally constituted and then and there acknowledged That he did owe c. to E. F. of C. in the County of L. Gent. and S. H. of D. in the said County of L. Gent. c. five hundred pounds of lawful money of England to be paid to the said E F. and S. H. or to their certain Attorney Executors or Assigns on the Feast of St. c. next coming after the date of these presents And if he shall fail in the payment of the aforesaid summe of Money at the Feast aforesaid that then the said R.T. for himself his Executors and Assigns willeth and granteth That the said summe of money shall be levied of his Lands and Tenements Goods and Chattels to the use of the said E.F. and S. H. their Executors and Assigns Witness our said Lord the King at Westminster the day and year above mentioned And these kinds of Statutes although at first ordained and used for Merchants onely yet at this day it is and may be used by any others and it is become one of the most frequent and usual assurances in the Kingdom 2. The Staple doth signifie this or that Town whither the Merchants by common order and command do carry their Commodities as Wooll and the like to vent and utter by the great or whole-sale The Statute-Staple is either properly or improperly so called That which is properly so called is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple and sealed with the Seal of the Staple and sometimes also with the Seal of the party which it seems is not absolutely necessary This was devised and used only for Merchants and Merchandizes of the same Staple and is founded upon 27 E. 3. Stat. 2. Co. super Litt. 289. But this now may be used by Merchants or any other for the payment of debts or assurance of Lands or other things and is of the same nature with the Statute-Merchant A Statute-Staple improperly so called is an Obligation of Record founded upon the Statute of 23 H. 8.6 and is in the nature of a Statute-staple and of the same force This is and may be acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple at Westminster and the Recorder
and Jury upon this Writ is called an Extent And if the Sheriff or Apprisors upon the Extendi facias over-value the Lands or Goods in favour to the debtor the Conusee hath no remedy but by motion in that Court where the Writ is returnable at the Return day or at least the same Term to desire that the Apprisors may take the Lands or Goods at the rate they have valued them in the same manner as the Corusee is to have them And a Sale made of Goods in this case by the Sheriff is as strong as if it were in Market-overt And when the Conusee is in possession of Lands by such an Extent as before then is he Tenant by Statute And after the Conusee is once setled in peace in the Lands extended he shall hold them till he be satisfied his debt and his reasonable costs and damages for travel suit delay and expence See for this Dyer 299. Co. 5.87 F.N.B. 130. Co. on Litt. 290. Co. 2. Part Inst 395 396. The proceedings upon the other kinds of Recognisances are after another manner For upon Recognizances at the Common Law if the money be not paid at the day the Conusee his Executor or Administrator is to bring a Scire facias against the Conusor or if he be dead against his heir when he is of full age or if the Lands the Conusor had at the time of entring into the Recognisance be sold against the Purchasors of them which the Conusor had at any time after the Recognisance entred into to warn them to come into the Court whence the Scire facias issued to shew cause why Execution should not be made upon the said Recognisance and if the party or parties cannot be sound to be warned or being warned do not appear at the time or appearing do not shew cause why the debt should not be levied In this case the Conusee shall have Execution of his moiety by Elegit or if the Conusor be living of all his Goods by Levari or Fieri facias at his Election but he may not have Execution of his Body unless he bring an Action of Debt upon the Recognisance as in this case he may do or it be by the course of the Court as it is in the Kings Bench on a Bayl wherein a Capias doth lye Dyer 315 360 366. The proceedings against the Sureties upon Statutes are to be in the same manner as the proceeding against the Principal And yet where the Principal hath moveables to satisfie the debt the Surety as it seems is not to be charged I will Illustrate this matter in the next place with some few Cases And first 1. Tenant by Elegit upon Judgments and Recognisances is to hold the Land until he be answered his debt without his costs and Mises c. But Tenant by Statute Merchant Statute-Staple or by Recognisance in nature of a Statute-Staple is to hold the Land c. untill he be paid his debt together with his Mises and Costs Co. 2. part Inst 678. 2. In case where Extenders upon Elegit or other Writ of Execution or upon a Recognisance in Court do extend the Land too high they shall not be forced to take it at the rate as the Extenders of Land for Execution upon a Statute-Merchant Staple or Recognisance in nature of a Statute-Staple shall be Bendloes Rep. 15. Co. on Litt. 290. Yelverton 55. 3. If one seised of White-acre Black-acre and Green-acre enter into a Statute or Judgment against him and then he enfeoffeth A. of White-acre and B. of Black-acre and keep Green-acre to himself in this case the Conusee or Plaintiff may have his Execution upon the moiety of Green-acre and not meddle with the other two Acres if he please but he may not in such case extend a moiety only in the hands of both the purchasors but he must extend a moiety in the hands of both the purchasors and of all the rest of the Land subject to the Execution for if he leave out any 〈◊〉 it the party grieved thereby will have his remedy and avoid the Execution by Audita Querela for where the Books say each purchaser shall have contribution in that case it is intended that such extent shall be avoided of that part and all the Land shall be extended and equally charged And so it is in this case where Green-acre shall descend to an heir there the Conusee may extend onely the moiety of this Acre in the hand of the heir and not meddle with the two Acres in the hands of the purchasors if he please But where there be two or more Conusors in a Statute c. there the Lands of them all and not of one of them are to be extended Co. 2. part Inst 396. 4. If two persons recover against one in debt severally and he that hath the first Judgment sues an Elegit and hath the moyety of the Land in Execution and then the other sues an Elegit In this case he that last sueth shall have but a moyety of the moyety that is left Cro. 3.482 5. If the Conusee on a Statute or Recognisance in nature of a Statute receive his whole debt by the Land yet may not the Counsor enter but where upon an Elegit he is satisfied there the Conusor may enter on his Land Co. 2. Part. Inst 600. In the last place I will give you the Statutes concerning this matter Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled a Writ of Execution shall be within the year so as the parties shall not need to plead c. Stat. de Acton Burnell 11 E. 1. A Debt acknowledged to a Merchant before the Mayor of London York or Bristol or before a Mayor or Clerk appointed by the King thereunto shall be enrolled And if the Debtor fail of his payment at the day the Debtee or his Executors may call for Execution and upon notice thereof to the Mayor and Clerk they shall cause his Chattels and Moveables to be sold as far as the debt doth amount by Apprisement of honest men and the money without delay shall be paid to the Creditor and in case they cannot sell them they shall cause so much of the moveables to be delivered to him as amounts to the debt and the Kings Seale shall be put to the sale and deliverance and if the Debtor have no moveables within the Mayors Jurisdiction then shall the Mayor send the Recognisance unto the Chancellor under the Kings Seal and the Chancellor shall thereupon direct a Writ to the Sheriff in whose Bayliffwick the Moveables of the Debtor be who shall proceed therein as the Mayor might have done if the Moveables had been in his power If the Apprizors set too high a value on the things that are to be sold they shall be compellable to take them at the same prices and shall
forthwith be answerable to the Creditor for his debt And albeit the moveable Goods are sold for less than they are worth yet is the Debtor without Remedy and it shall be imputed to his own folly that he would not sell them himself while he might And if the Debtor have no moveables whereon the debt may be levied he shall be imprisoned and there remain till he agree with his Creditor and if he be in want the Creditor shall find him bread and water which the prisoner shall also satisfie before he be inlarged And if it be a Merchant Stranger that is Creditor he shall be satisfied for his stay about the business And if the Debtor have Sureties they shall be proceeded against in like form as is before declared against the Debtor howbeit so long as the Debt may be levied of the goods moveable of the Debtor his Pledges or Mainpernors shall be without damage Stat. de Mercatoribus 13 E. 1. A Debt acknowledged to a Merchant before the Mayor of London or Chief Warden of a Town which the King shall appoint or other sufficient Men when they cannot attend and before a Clerk which the King shall assign shall be enrolled and if it be not paid at the day the Debtor â—f he be a Lay-man shall be imprisoned by the Mayor till c. if he be within their power else by Writ out of the Chancery upon Certificate of a Recognisance thither And if he agree with the Creditor within a quarter of a year after then all the Lands which were the Debtors the day of the Recognisance made and also his Goods shall be delivered to the Creditors upon a reasonable extent And of these Lands so delivered the Conusee being ousted shall have an Assise or Redisseisin The Writs out of the Chancery shall be returnable before the Justices of either Bench and upon a Non est inventus returned or that he is a Clerk Writs to all the Sheriffs where he hath Lands or Goods shall go forth to deliver the same upon reasonable extent and to what Sheriff he will to take his Body The like process shall be against the pledges if the money be not paid at the day If the debtor or pledges dye the creditor shall have Execution upon the Lands of the heir at his full age Magna Charta cap. 8. The King shall not take the Lands or Rents of the debtors if he have sufficient Chattels Magna Charta cap. 18. The goods of the Debtor may be attached after his death by the view of lawful men that nothing shall be medled with till the Kings debt be paid Stat. 27 E. 3. cap. 9. The Mayor of the Staple shall take Recognisance of debt before himself and the Constables of the Staple whereupon default of payment being made the debtors Body shall be imprisoned and his goods sold in satisfaction if they be within the Staple else upon a Certificate into the Chancery a Writ shall go out from thence to imprison their Bodies and seize their Lands and goods which shall be returned into the Chancery and Execution thereupon in all respects as in the Statute-Merchant 〈◊〉 save that the debtor shall have no advantage of the quarter of a year Stat. 5 H. 4. cap. 12. A Statute being once shewed in the Common-Pleas and the process afterwards discontinued yet Execution may be afterwards awarded without shewing it again 11 H. 6. cap. 10. He that is in prison upon a Recognisance shall not be delivered out of prison upon a Scire facias against the party and surety thereupon found to the King alone but shall find Sureties severally as well to the King as to the other party Stat. 23 H. 8. cap. 6. Either of the Chief Justices or in their absence out of the same Term the Mayor of the Staple of Westminster with the Recorder of London may take Recognisances And they shall be executed in all respects as a Statute-Staple Stat. 27 Eliz. cap. 4. Every Statute-staple or Merchant not brought to the Clerk of the Recognisances within four moneths next after the acknowledging to enter a true copy thereof shall be against all persons their heirs successors executors administrators and assigns onely which for good consideration shall after the acknowledging of the same statute purchase the Land or any part lyable thereunto or any Rent Lease or profit of it Stat. 33. H. 8. cap. 39. All Obligations to the King shall be of the force of a Statute-staple If the Owner of goods sell his goods after the Teste of the Extent and before the Inquisition taken yet the Sheriff may seise and extend them Mores Rep. Case 72. Of a Dephesance A Defeasance which doth infectum reddere quod factum est signifies in our Law nothing but a Condition annexed to an Act as to an Obligation Recognisance Statute or Judgment which being performed by him that is bound and chargeable by the Act the Act it self is disabled and made void as if it had never been made or done And this is more peculiarly and properly applied to such conditional Instruments as are made in avoidance of Statutes and Recognisances at or after the time of entring into the same It differs from a Condition in this That a Condition is alwayes made at the same time with the Deed and commonly either annexed to it or inserted in it But a Defeasance is alwayes made in a Deed by it self and for the most part after the Original Deed is made or Act done to which it hath relation Wherein observe That all such things as are executory being created may by consent of all the parties to the creation of it be defeated so amongst others Bargain and Sales Statutes Recognisances and Judgements For it is a rule That in all Executory things that are made or created by Deed or Record the same thing by the consent of all the parties may in the like way be defeated and avoided Nihil est tam conveniens naturali aequitati quam quod unumquodque dissolvatur eo ligamine quo ligatur Co. upon Lit. 236. Plow 193.237 Co. 1.112 113. To make a good Defeasance these things are necessarily required 1. That if it be eodem mode it must be avoided by some act or instrument in Writing as it was created and therefore a Parol agreement to avoid a Statute will not be good It must therefore be by Deed but whether it be indented or Poll is not material Co. 1.14 Broo. Defeasance 13. Plowd 393. 2. That if it recite the Judgment or Statute which is very fit though not absolutely necessary care must be taken to reciâ—â—â— very exactly for if a Defeasance be made of a Statute or Recognisance made 1. Maii and it be recited to be made 10. of Maii it will be void so if it recite a Judgment as of Hillary Term and in truth it was in Easter Term. Plowd 393. Co. 1.113 3. It must be made between the same persons that were partieâ— to the
which shall be thereupon sued or executed at any time hereafter by the said A. H. or his Assigns shall be in any manner of wise hurt hindred disabled debarred or extinguished without the consent of the said A. H. his Executors or Assigns thereunto first had and obtained in writing under his or their Hands and Seals And further that we said I. H. and O. B. our Executors Administrators and Assigns and every of us shall and will at all times hereafter and from time to time upon request made and at the cost and charges of the said A. H. and his Assigns maintain justifie allow and confirm all such lawful Actions Suits Process Extents Executions and Proceedings whatsoever as have been or hereafter shall be brought sued forth or prosecuted against the said E. S. and R. S. or either of them their Executors or Administrators or their or any of their Lands Tenements or Goods upon or by reason of the said Judgment of Four hundred pounds above mentioned And that the said A. H. his Executors and Administrators shall and may peaceably and quietly have and hold receive and enjoy to his and their own proper uses and behoofs all such benefit sum and sums of money Lands Tenements and other things as by vertue of the said Judgment or any Extents Execution Process or Proceedings thereupon brought or to be brought sued or prosecuted shall be recovered obtained or gotten without the let sute trouble eviction or disturbance of us the said I. H. and O. B. or either of us our executors oâ— administrators and without any account or other thing to us or any of us to be therefore made or given In witness c. An Assignment of a House and Lands from one who had the same in Mortgage and was forfeited to him THis Indenture made c. between W. B. of c. on the one part and G. H. of c. on the other part witnesseth That whereas B. C. of c. by his Indenture bearing date c. and so go forward with the recitals And whereas in the said recited Indenture of Assignment there is a proviso or condition contained for redemption of the premises upon payment of one hundred pounds of c. on the sixth day of c. which then should be and since hath been in the year of our Lord God c. at or in the c. as in and by the said Proviso or Condition whereunto relation being had more fully and at large it doth and may appear which said sum of 100 l. c. or any part thereof was not paid or tendred to be paid to or for the said W. B. at the day or place in the Proviso of Redemption limited for the payment thereof and yet remaineth unpaid by reason and means whereof the said Messuage and other the premises and the whole estate lease right title and interest of the said B. C. in and to the same became forfeited unto the said W. B. and he thereby was and now is and shall be lawfully interessed and possessed in the same premises and every part thereof during all the residue and term of years which then were and yet are to come and unexpired of the term granted to the said B. C. in and by the said Indenture of Demise above-mentioned Now this Indenture further witnesseth That the said W. B. for and in consideration of the sum of c. to him in hand paid by the said G. H. at and before the ensealing and delivery of these presents whereof and wherewith c. Hath given granted bargained sold and assigned over and by these presents doth fully clearly and absolutely give grant c. unto the said G. H. his executors administrators and assigns as well the said Messuage Tenement Yards Gardens Orchards and Closes to the same adjoyning and belonging Together also with all and every the arable Lands Meadows Pastures Feedings Profits Commodities and Hereditaments whatsoever to the said Messuage belonging or in any wise appertaining And all other the premises with appurtenances whatsoever in and by the said Indenture of Demise granted to the said W. B. as aforesaid As also all the Estate Right Title Interest Property Possession term of years claim and demand whatsoever which he the said W. B. his executors administrators or assigns now have hath may might should or in any wise ought to have or claim of in or to the said Messuage and other the premises with the appurtenances and every or any of them or any part or parcel thereof by force and vertue of the said Indenture of Mortgage or Assignment above recited or either of them or any thing in them or any of them mentioned oâ— contained or by any other wayes or means whatsoever together with the same Indenture of Demise and Mortgage aforesaid and all and every other Writings and Minuments concerning the same To have and to hold the said Messuage Yards Gardens Orchards Lands Meadows Pastures Feedings Indenture of Demise and Mortgage Writings and Minuments Estate Right Title Interest and term of Years and all and singular other the premises with the appurtenances before by these presents bargain'd sold assign'd and set over and every part and parcel thereof unto the said G. H. his executors administrators and assigns to his and their own proper uses and behoofs in as large ample and beneficial manner and form to all intents constructions and purposes as he the said W. B. now hath may might should or in any wise ought to have and enjoy the same by force and vertue of the said Indenture of Lease or Demise or the said Indenture of Mortgage aforesaid or either of them or any thing in them or any of them mentioned or expressed or otherwise howsoever a Covenant for discharge of Incumbrances in witness whereof c. A Mortgage of a Lease for indempnity of certain Sureties bound in aâ— Obligation made to another in trust for their use THis Indenture made the c. Between H. H. of c. Gentleman on the one part and R. N. of c. I. N. and R. D. of c. Gentleman on the other part witnesseth That whereas c. as in and by the said Indenture of Lease amongst other things more fully and at large appeareth And whereas the said I.N. and R. D. at the request and for the debt of the said H. H. together with him in and by one Obligation with Condition endorsed bearing Date with these presents are and stand joyntly and severally bounden unto R. S. of c. in the sum of c. for the true payment of c. on the c. at or in the c. as in and by the said recited Obligation and Condition thereof more at large it doth and may appear Now this Indenture further witnesseth That the said H. H. for the Indempnity and Discharge of R. and D. their Heirs Executors and Administrators and every of them of and from the said recited Obligation and all sum and
other use intent or purpose whatsoever any thing in these presents contained to the contrary thereof in any wise notwithstanding In witness c. An Indenture of Covenants for passing of a Recovery in the Common-Pleas to cut off an Intail THis Indenture made c. between E. C. of c. of the one part and W. O. and J. H. of c. of the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said Parties to these presents and the said E. C. doth covenant and grant to and with the said W. O. and J. H. that he the said E. C. shall and will permit and suffer the said W. O. and J. H. to purchase and sue forth out of the High-Court of Chancery one or more Writ or Writs of Entry sur discesin en le post returnable before the Justices of the Common-Pleas at Westminster at some certain day of Return in Easter-Term next coming by which Writ or Writs the said W. O. and J. H. shall demand against the said E. C. all that Messuage Tenement or Farm with the appurtenances scituate c. which late were in the possession of c. and also all that Close of Pasture-ground commonly called c. containing c. and all that Close of Pasture c. and also all and singular Lands Tenements Rents Reversions Services Commons Profits Commodities Emoluments and Hereditaments whatsoever with all and singular the Appurtenances to the Premises or any part or parcel thereof belonging or in any wise appertaining by such name and names and in such manner and form and by such number and quantity of Acres as the said W. O and J. H. or the survivor of them or the Council learned of them shall be devised or advised to which Writ the said E. C. shall appear personally or by Attorney in the said Court of Common-Pleas enter into the said warranty and imparl and vouch the warranty the Common vouchee who shall after depart in contempt of the Court so as a good perfect recovery shall and may be had in due form and order of Law of the said Messuages Lands c. and all other the premises with the appurtenances according to the usual course of common Recoveries for assurance of Lands and Tenements in the said Court of Common-Pleas and that a Writ of Habere fac ' seisinam shall be thereupon awarded executed and returned accordingly And it is further condescended unto and agreed by and between all the said Parties to these presents That as well the said Recovery so to be had and executed as aforesaid as also all and every other Recovery or Recoveries Conveyances and Assurances whatsoever which before the Feast of c. shall be had and executed by and between the said Parties to these presents or any of them of the said Messuages Lands Tenements and Hereditaments and all and every other the premises with the appurtenances or of any part or parcel thereof by what name or names soever the same shall be so had and executed and the full force and execution of them and every of them shall be and enure and shall be construed adjudged and taken to be and enure to the onely use and behoof of the said W. O. his c. for ever And the said W. O. and J. H. and the survivor of them and the heirs of the survivor of them shall ever from thenceforth stand and be seized thereof and of every part thereof to the only use and behoof of the said W. O. his heirs and assigns for ever and to no other use intent or purpose whatsoever In witness c. An Assignment of a Lease THis Indenture made c. between P. S. of c. and M. his Wife and Executrix of the last Will and Testament of I. C. late of c. deceased on the one part and W. W. of c. Yeoman on the other part witnesseth That whereas T. M. of c. in and by one Indenture of Lease bearing date c. for the consideration therein mentioned did demise grant and to farm-let unto the said I. C. reciting the Grant as in and by the said recited Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now this Indenture witnesseth That the said P. S. and M. his wife as well for and in consideration of the sum of c. to them in hand paid before the ensealing and delivery of these presents by the said W. W. whereof they do acknowledge the Receipt and thereof and of every part and parcel thereof do acquit exonerate and for ever discharge the said W. W. his c. by these presents hath given granted bargained sold assigned and set over and by these presents do give grant c. unto the said W. W. his c. all that parcel of Ground or Garden-Plat with the appurtenances before mentioned and all Houses Edifices Buildings c. and all the Estate Right Title Interest Possession Term of Years to come Claim and Demand whatsoever which they the said P. S. and M. his wife or either of them now have or hath may might should or in any wise ought to have or claim of in or to the said parcel of Ground and Garden-plat and other the premises with the appurtenances and every or any part or parcel thereof by force and vertue of the said Indenture of Lease To have and to hold Habend the said parcels of Ground or Garden-plat and all Houses Edifices and Buildings thereupon or upon any part or parcel thereof now standing or being And also all the said recited Indenture of Lease and all the Estate Right Title Interest Term of Years and all and singular other the premises with the appurtenances in and before by these presents bargained sold assigned and set over or mentioned or intended to be hereby given granted bargained sold assigned and set over and every part and parcel thereof unto the said W. W. his Executors Administrators and Assigns to his and their own proper use and behoof during the residue of the said term in and by the said Indenture of Lease granted and therein now to come and unexpired in as large ample and beneficial manner to all intents constructions and purposes as they the said P. S. and M. his wife or either of them now have or hath may might should or in any wise ought to have and enjoy the same by force and vertue of the said recited Indenture of Lease or otherwise howsoever and the said P. S. and M. his wife for themselves their Executors c. and for either of them and either of their c. doth convenant c. that the said recited Indenture of Lease c. at the time of the ensealing and delivery of these presents is a good sure perfect and indefeizable Lease in the Law of and for the said parcel of Ground or Garden-plat and premises hereby
to deliver and Pleas and Prosecutions against them and every of them to sustain and maintain according to the course of the Law and upon the receipt of the said sum of c. or any part thereof acquittance or other Discharges for him and in his name to make seal and deliver and one Attorney or more under him to substitute and at his pleasure to revoke and all and every other act and acts thing and things device and devices in the Law whatsoever needful or requisite to be done in or about these premises for him and in his name to do execute and perform as fully largely and amply in every respect as he himself might or could do if he were personally present ratifying allowing and holding firm and stable all or whatsoever his said Attorney or his Substitute lawfully authorized shall lawfully do or cause to be done in or about the execution of the premises by these presents And the said T. R. for himself c. that he the said T. R. his Heirs Executors and Administrators and every of them at all time and times hereafter upon the reasonable request or notice to him given and at the Costs and Charges in the Law of the said R. D. his Executors Administrators or Assigns or some of them shall and will maintain justifie and avow with effect all and every such Action or Actions Writ or Writs Pleas Process Judgments and Executions whatsoever which by the said R. D. his Executors Administrators or Assigns shall at any time hereafter be lawfully sued commenced had or brought in his name against the said H. E. his Heirs Executors Administrators or any of them upon or by reason of the Obligation above mentioned or of any sum or sums of money therein mentioned or contained And also that he the said T. R. hath not at any time heretofore neither he his Executors or Administrators or Assigns or any of them at any time hereafter shall or will remise release or otherwise discharge the said H. F. his Heirs Executors or Administrators or any of them of the said Obligation above-recited nor yet of any sum or sums of money therein contained without the special licence consent or agreement of the said R. D. his Executors Administrators or Assigns or some of them thereunto first had and obtained in writing under his or their Hands and Seals and that all the benefit and commodity that shall be recovered obtained or gotten by means of any such Action Suit Plaint Judgment or Execution shall redound come and be to the onely use and behoof of the said R. D. his c. without any account or other thing therefore to be yielded or done to the said Sir T. R. his c. or any of them In witness c. A Letter of Attorney-General to receive Debts and Rent KNow all men by these presents That I A. W. of c. have assigned ordained and made and in my stead place by these presents put and constitute my truly and well-beloved servant H. H. of c. to be my true and lawful Attorney for me and in my name and to my use to ask sue for levy require recover and receive all and every such Debts Rents and sums of Money as now are due unto me or which at any day or dayes time or times hereafter shall be due owing belonging or appertaining unto me by any manner of wayes or means whatsoever from any person or persons whatsoever giving and granting unto my said Attorney by these presents my full and whole power strength and authority in and about the premises and upon the receipt of any such Debts Rents and sums of Money aforesaid Acquittances or other Discharges for me and in my name to make seal and deliver and all and every other act and acts thing and things device and devices in the Law whatsoever needful and necessary to be done in or about the premises for the recovery of all or any such Debt Rents or sums of Money as aforesaid for me and in my name to do execute and perform as fully largely and amply to every respect to all intents constructions and purposes as I my self might or could do if I were personally present ratifying allowing and holding firm and stable all and every such act and acts In witness c. A Short Letter of Attorney for the setting over of a Bond forfeited KNow all men c. That I H. H. of c. have made ordained constituted and appointed and by these presents do make ordain constitute and appoint my trusty and well-beloved Friend W. M. of c. to be my true and lawful Attorney for me and in my stead and name and to his own use to ask levy recover demand and receive of T. M. and N. L. of c. Gentlemen and either of them their and either of their Executors and Administrators the sum of c. which they have forfeited and from me unjustly do detain and keep for non-payment of the sum of c. at a certain day past as by one Obligation with Condition thereupon endorsed bearing date c. more at large it doth and may appear Giving and by these presents granting unto my said Attorney my fall power and authority in all things touching this my present business and in my name to commence and prosecute any Action or Actions Suit or Suits for the recovering and getting of the said sum of c. and every or any part or parcel thereof and Attorney or Attorneys in that behalf to constitute and make and upon receipt thereof or of any part thereof acquittances or other lawful discharges in my stead and name to make seal and deliver ratifying and allowing by these presents all and whatsoever my said Attorney or his Assigns shall for obtaining and recovery of the said sum of c. or any part thereof do or cause to be done in my stead and name And also I the said H. H. do covenant and promise by these presents That I the said H. H. have not released nor will release the said T. M. and N. c. of the said Bond nor of the penalty therein contained nor countermand this present Letter of Attorney nor the authority thereby granted nor any suit act or proceeding at any time hereafter by vertue of these presents to be brought or done In witness c. A Letter of Attorney to take possession of Lands delivered by a Sheriff upon an Extent KNow all men by these presents That I A. B. c. Esq have made ordained constituted and by these presents put and appointed my well-beloved Friend C. D. to be my true and lawful Attorney for me and in my stead and name to enter into the Mannor of H. with the appurtenances in the County of L. and now in the Tenure or Occupation of c. of the yearly value of c. and full and peaceable possession and seizin thereof for me and in my stead and name and to my use
T. W. his Executors or Assigns do and shall find Diet and Victuals for the said I. B. c. for so long time after the end of the said terms as they shall have been absent as aforesaid according to the true meaning of these presents That then c. A Condition to repay all such Charges as the Tenant shall be at by reason of the payment of his Rent there being controversie concerning the Title of the House THe Condition c. That whereas there is a Controversie or question between the above-bound E. H. and others touching their several right or interest in the now dwelling House of the above-named T. T. scituated c. And whereas upon an agreement between the said E. H. and T. T. the said T. T. is câ—ontented to pay the Rent of the said House it being 50 l. per annum unto the said B. H. as the same shall grow due according to his Lease If therefore the said E. H. his c. do and shall well and truly pay or cause to be paid unto the said E. T. his Executors or Assigns all such Rent sum or sums of Money Charges and Damages whatsoever as shall by due proceeding in Law be adjudged or decreed against him the said T. T. his Executors c. and all other Costs and Damages whatsoever which he the said T. T. shall sustain or be at by reason of any Actions Suits or Forfeitures whatsoever which shall or may happen or be unto the said T. T. his Executors Administrators or Assigns by reason or means of the payment of the said Rent or any part thereof unto the said E. H. his Executors Administrators or Assigns That then c. A Condition to discharge the Church-Wardens and Parishioners of a Child born in the Parish THe Condition c. That whereas one M. H. hath of late been delivered of a Man-child within the Parish of c. within written to the which Child the within-bound E. G. by his own voluntary confession doth acknowledge himself to be the Father If therefore the said E. G. his Heirs Executors or Assigns or every or any of them do from time to time and at all times hereafter full and clearly acquit discharge and save harmless as well the within-named J. B. and H. T. Church-wardens of the Parish-Church of c. aforesaid and their Successors for the time being and every of them as also all the Inhabitants and Parishioners of the said Parish which now are or hereafter shall be for the time being and every of them of and from all and all manner of Costs Charges and Expences whatsoever which shall or may in any manner of wise at any time hereafter arise happen come grow or be imposed upon them or any of them for or by reason or means of the Birth Education nourishing and bringing up of the said Child And of and from all other Actions Suits Charges Troubles Impeachments and Demands whatsoever touching and concerning the same That then c. A Condition for the surrender of Copy-hold Lands and to cause him to be admitted Tenant THe Condition c. That if the within-bounden J. K. and his Heirs do and shall at the next Court to be holden for or within the Mannor of H. in the County of E. sufficiently and in due form of Law surrender and yield up unto or for the use and behoof of the within-named L. M. his Heirs and Assigns or of such other person or persons and their Heirs and Assigns as the said L. M. shall nominate and appoint All that his Copy-hold Messuage or Tenement and Lands thereunto belonging containing by estimation sixteen Acres be it more or less now or late in the Tenure or Occupation of N. O. or of his Assigns parcel of the Mannor of H. aforesaid with all and singular Out-houses Easements Commodities and Appurtenances to the same appertaining clearly acquitted and discharged of all Dowers and titles of Dower whatsoever and do then and there also procure and cause the said L. M. or such other person or persons by him to be nominated as aforesaid to be only and lawfully admitted Tenant of the same premises so to be surrendred according to the custom of the said Mannor That then this c. A Condition for quiet enjoying a Mannor according to an Assignment thereof THe Condition c. That if the within-named R. J. his c. and every of them shall or may lawfully peaceably and quietly have hold occupy and enjoy the Mannor of S. with the appurtenances in the County of O. with all Lands Tenements Profits Priviledges Rents Court-leet and Advowson Woods Under-woods and all other Hereditaments thereunto belonging or appertaining without the let trouble suit eviction disturbance or contradiction of the within-bounden W. G. L. G. and M. G. or any of them their or any of their Heirs Executors Administrators or Assigns or any of them or any other person or persons whatsoever having claiming or pretending to have any manner of Right Title Interest Property Claim or Demand of in or to the said Mannor and Premises aforesaid or of in and to any part or parcel thereof by from or under the said W. G. M. G. and L. G. or either or any of them according to the tenour purport effect and true meaning of one Indenture of assignment bearing date the c. made and sealed by the said W. G. unto the said R. J. of the premises aforesaid as by the said Indenture may appear That then c. A Condition for assurance of Lands THe Condition c. That if the within-bounden W. B. shall upon reasonable request to him to be made by the within-named T. H. his Heirs or Assigns on this side and before the Feast-day of c. next ensuing the date within-written convey and assure unto the said T. H. his Executors and Assigns for ever one Close of Pasture containing by estimation one Acre abutting upon F. towards c. one other Close c. all which premises are scituate lying and being in the Parishes Towns and Fields of W. and G. or in some or one of them in the County of B. by such Conveyances and Assurances in the Law as by the said T. H. his Heirs and Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required discharged of all Incumbrances whatsoever the chief Rents and Services thereof due and payable to the chief Lord or Lords of the Fee or Fees of the premises only excepted And also if the said W. B. his c. and every of them do and shall until the said conveyance and assurance shall be made and passed as aforesaid quietly permit and suffer the said T. H. his Heirs and Assigns to have receive perceive and take to his and their own proper uses and behoofs the Rents Issues and Profits of all and singular the premises and of every part and parcel thereof without any manner of let suit trouble
aforesaid and to his Successors Chamberlains of the same City in the sum of 350 l. of c. with condition amongst other articles in the said Recognizance specified for the true payment of 300 l. of like money unto the said Chamberlain or his Successor to the use of E. and J. Orphans of T. B. late Citizen and Grocer of London deceased at such time as they or either of them shall accomplish their several ages of twenty one years as by the said Recognizance and Condition thereof more at large may appear If therefore the said E. K. his Heirs Executors or Administrators do from time to time and at all times hereafter discharge exonerate acquit or otherwise well and sufficiently save and keep harmless the said J. C. J. L. and W. G. and every of them and the Heirs Executors and Administrators of them and every of them and all and singular the Lands Tenements and Hereditaments Goods and Chattels of them and every of them against the said Chamberlain and his Successors and against all and every other person or persons whatsoever of for and concerning the said Recognizance and all and singular sums of money penalties forfeitures and things whatsoever in the said Recognizance or condition thereof or either of them contained or specified and also of for and concerning all and singular Actions Suits Judgments Extents Executions Molestations Costs Charges Troubles Incumbrances and Demands whatsoever which shall or may arise grow happen or be by reason or means of the said Recognizance And also if it happen the said E. K. before the said sum of 300 l. be fully paid to the said Chamberlain or his Successors according to the tenour and purport of the said condition of the said Recognizance to decease or by any means to come to poverty and insufficiency of himself to his goods and chattels out of the liberties of the City aforesaid to absent withdraw or purloyn Then if the said E. K. his heirs executors or administrators within six moneths next after such decease coming to poverty and insufficiency or such withdrawing absenting or retaining himself or his Goods or Chattels out of the liberties of the City aforesaid or upon reasonable request do make true payment unto the said Chamberlain or Successors of the said sum of 300 l. to the use aforesaid and then also within the same six moneths or upon such request as aforesaid do cause and procure the said Recognizance and all Extents and Executions of the same to be clearly and lawfully discharged and made void That then c. A Condition from the under-Sheriff to a High-Sheriff for saving harmless THe Condition c. That whereas the above-named Sir M. G. Knight Sheriff of the County of B. hath assigned and deputed the above-named R. B. his Under-Sheriff If therefore the said B. N. the above-bound C. R. and G. D. their Heirs Executors and Administrators and every of them do at all time and times hereafter save and keep harmless and indempnified as well the said Sir M. G. his Heirs Executors Administrators and Assigns and every of them as also the said Lands Tenements Hereditaments Goods and Chattels of the said Sir M. G. of for touching or concerning the returns and executions 〈◊〉 all such Process Writs and Warrants of what nature soever they be as are or shall be hereafter directed to the Sheriff of the said County of B. and shall be brought and delivered or offered to be delivered to the said B. N. during the term that the said Sir M. G. shall be Sheriff of the said County And of and from all Issues Fines and Amerciaments which shall happen to be imposed or taxed upon the said Sir M. G. for or concerning the not executing wrongful executeing or detaining in his hands any Writs Process or Warrants and of for and concerning all Escapes of all and every person or persons that shall be arrested or apprehended by vertue of any such Process Writ or Warrant during the time that the said Sir M.G. shall continue Sheriff of the said County of B. And also if the said B. N. C. R. and G. D. their Heirs Executors and Administrators and every of them shall save harmless and indempnified the said Sir M. G. and his Heirs and Assigns and his and their Lands Goods and Chattels of for and concerning all such accompt and accompts as the said Sir M. G. is and shall be charged withall as Sheriff of the said County of B. to our Soveraign Lord the King his Heirs or Successors in any of His Majesties Courts and of all sums of money which shall be levied or received by the said B. N. as Under-Sheriff of the said Sir M. G. or any Bayliff or other person by the direction or assent of the said B. N. to the use of the Kings Majesty his Heirs or Successors That then c. A Condition to save harmless a Surety from a Bond of Arbitrement THe Condition c. That if the above-bound A. D. his Executors and Administrators or any of them do and shall from time to time and all times hereafter well and sufficiently save and keep harmless and indempnified the above-named G. M. his Heirs Executors and Administrators and his and their Lands Tenements Goods Chattels and Hereditaments of for from and concerning one Obligation bearing date the day of the date above-written wherein the said G. M. at the request of the said A. D. is and standeth bound unto R. M. Gentleman in the sum of 100 l. with Condition there-under written that the said A. D. abide the award of W. M. and T. B. Esquires Arbitrators and of and from all Actions Suits Arrests Costs Charges and Demands whatsoever concerning the premises without fraud or coven That then c. A Condition if money be not paid at the day then to surrender certain Copy-hold Lands c. THe Condition c. That if the within-bound B. L. do not or shall not well and truly pay or cause to be paid unto the within-named J. P. his Executors Administrators or Assigns the full sum of c. on the c. next ensuing the date within-written at c. according to a Proviso or Condition mentioned in a Deed or Surrender bearing date the day of c. Then if the said E. L. and A. his wife do and shall at the next Court to be holden for the Mannor of c lawfully and absolutely surrender into the hands of the Lord of the said Mannor to the only use and behoof the said J. P. his Heirs and Assigns for ever according to the custom of the said Mannor the said several parcels of Land with their and every of their appurtenances in the said Surrender mentioned And also if the said J. P. his Heirs or Assigns shall or may peaceably and quietly have hold and enjoy the said parcel of Land and every of them with their and every of their appurtenances so surrendred as aforesaid freely and clearly acquitted of and from
recovery or receiving of all or any the said Debts in the said Schedule mentioned And the said R. E. his c. doth by these presents covenant c. to and with the said R. S. his c. that the said R. E. hath not heretofore released or discharged nor that he his c. shall or will release or discharge all or any the Debts Duties sums of Money or Demands in the Schedule c. without the consent or agreement of the said R. S. his c. first had and obtained in writing under his or their Hand or voluntarily or willingly discontinue disavow or be non-suited in or make any retraxit or otherwise discharge to hinder or delay any such action suit or plaint which the said R. E. his c. shall at any time hereafter commence c. in the name of the said R. S. for recovery or obtaining of all or any the said c. in the said Schedule c. mentioned But that the said R. E. his c. shall and will from time to time and at all times hereafter justifie avow c. all and every such actions suits c. which he the said R. S. his c. shall at any time hereafter commence or prosecute at the costs and charges of the said R. S. his c. against any person or persons for recovery or obtaining of all or any the said Debts c. in the said Schedule annexed to this present Indenture called c. mentioned or expressed Ratifying c. all and every matter and thing whatsoever which the said R. S. his c. or any of them shall commence make do execute or prosecute for the receiving recovering levying c. the said Debts c. or any of them And the said R. S. for him his c. and every of them in consideration of the premises doth by these presents covenant and grant to and with the said R. E. his c. and every of them that he the said R. S. his c. shall and will from time to time and at all times hereafter sufficiently acquit discharge and save harmless the said R. E. his c. and every of them of and from all manner of Damages Troubles Suits Arrests Costs and Charges whatsoever which shall be taxed upon or happen to be had brought recovered or obtained against the said R. E. his c. Goods Chattels or Lands for or by reason of any Action Suit Plaint Process Judgment Arrest or Execution which the said R. S. his c. shall hereafter bring commence pursue or prosecute or cause to be c. against any person or persons in the said Schedule annexed to this present Indenture called the first Schedule named contained or mentioned there c. for the recovering or obtaining of any the said Debts Duties c. in the said Schedule mentioned And the said R. S. for him his c. doth further covenant grant assign set over remise and release unto the said R. E. all and every the Debts Obligations and Bills Obligatory and several sums of Money Duties and Demands in the said Schedule called c. annexed to this present Indenture allotted to the said R. S. contained and expressed and all Bills Bonds Obligatory Writings and Specialties whatsoever touching or concerning the same or any of them and all his part portion interest or demand therein or thereunto or of any part or parcel thereof together with all such benefit and commodity as the said R. S. his c. can or may lawfully have take or receive upon or by reason of any the said Debts Duties or Demands contained or expressed in the said Schedule c. And that all and every the several sums of money in the said Schedule c. annexed to these presents contained and expressed shall be and remain fully and wholly to the said R. S. his c. without let trouble or contradiction or without any accompt or other thing to be therefore rendred or yielded unto the said R S. his c. or any of them And the said R. S. doth by these presents further covenants promise and grant to and with the said R. E. his c. That neither the said W. S. in his life-time nor the said R. S. sithence the time of his decease nor either of them heretofore have not received released or discharged nor that the said R. S. his c. shall or will receive release or discharge all or any the said Debts Duties Summe or Sums of Money or Demands in the said Schedule c. contained and expressed and allotted to the said R. E. for his part of the premises as aforesaid without the consent of the said R. E. his c. therennto first had and obtained in writing under his or their hands Nor otherwise voluntarily or willingly discharge hinder or delay any Action Suit or Plaint whatsoever which the said R. E. his c. shall at any time hereafter commence c. for recovery or obtaining of all or any the said Debts c. in the said Schedule c. mentioned and whereas the Debt-Books and other Books Bills Bonds Obligations and Specialties wherein the Debts Duties and Demands before mentioned and wherein and whereby any Wares or Merchandizes were sold or delivered to the persons in the said Schedule named are contained or expressed are now in the hands and possession of the said R. S. therefore the said R. S. doth covenant for him his c. to deliver the same to the said R. E. his c. upon demand and shall and will likewise upon the like request at the place aforesaid produce and shew forth to the said R. E. the said Book called the Debt-Book and all other Books Scores and Writings which remain in the hands possession or custody of the said R. S. wherein the said Debts Duties or Demands or any of them contained in the said Schedule c. are mentioned or expressed or whereby or wherein any Wares or Merchandizes touching or concerning the same were sold or delivered to any the persons in the said Schedule c. whereby the said R. E. may have and take the view benefit and use thereof to be shewed or produced forth in any Court or Courts of Record or else-where for the declaring proving or recovering of all or any the said Debts in the said Schedule c. or other occasions whatsoever without any let c. In witness c. A Conveyance from J. T. and El. his Wife being Tenant in tayle to R. H. and El. his Wife and the Heirs and Assigns of R. H. for ever THis Indenture c. between J. T. of c. Gent. and Elinor his wife Cousin and next Heir of T. L. late of the City of c. Gent. deceased without Issue of his Body that is to say the only Daughter and Heir of W. L. Gent. elder Brother and Heir of the said T. L. of the one part and R. H. of c. and El. his
Lord Herbert and Richard Herbert or either of them whereof they the said E. Lord R. and H. or either of them are or do stand seized of any Estate or Inheritance within the Kingdome of Ireland by such name or names quantities qualities contents and numbers of acres of things in such manner and form as by the said E. L. H. and R. H. or either of them shall be reasonably devised or advised and required in and by which Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged the said E. L. H. and R. H. shall acknowledge the said Mannors Lordships Messuages Lands Tenements Hereditaments and all and singular other the premises with their and every of their appurtenances to be comprised in every such Fine to be the right of the said M. L. as those which the said M. L. and G. H. have of the gift of the said E. L. H. and R. H. the which said Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged shall be and enure and shall be deemed adjudged esteemed reputed and taken to be and enure to the use and behoof of the said M. L. L. and G. H. and their Heirs to the intent and purpose that they the said M. L. L. and H. G. may become perfect Tenants of the Free-hold of the said Mannors Messuages Lands Tenements Hereditaments and Premises 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 hereby further covenanted and agreed by and between the said parties to these presents that it shall and may be lawful to and for the said J. E. of B. and E. H. to bring pursue and prosecute against them the said M. L. L. and H. G. one or more Writs of every sur disseism en le post of and for the said Mannors Lordships Messuages Lands Tenements Rents Hereditaments and all and singular other the premises with their and every of their appurtenances by such name or names quantities qualities contents and numbers of acres and things in such sort manner and form as by the said E. L. H. and R. H. or their or either of their Council learned in the Law shall be reasonably devised advised and required the which said writ or writs of Entry sur disseisin en le post so as aforesaid or in any other sort to be had or brought shall be returnable in such Courts and before such Judges or Justices as the said E. L. H. and R. H. or the Survivor of them his or their Council learned in the Law shall advise or think fit before the end of Michaelmas Term next ensuing after the date of these presents and the said M. K. K. and H. G. shall thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear and after imparlance had shall make default and depart in contempt of the said Court whereby one or more perfect common recovery or recoveries shall or may he had or suffered against them the said M. L. L. and H. G. of and for the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises with their appurtenances according to the usual course of common recoveries in such cases used and accustomed for assuring of Lands and Tenements 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 death of the said Lady Mary Herbert wife to the said Edward Lord Herbert had made levyed suffered acknowledged or executed or at any time hereafter to be made levied 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 or concerning the said Mannors Messuages Lands Tenements Hereditaments or Premises or any of them or any part or parcel of them or any of them shall be and enure and shall be adjudged deemed esteemed reputed and taken to be and enure 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 that is to say as for and concerning all and singular the said Messuages Farms Lands Tenements and Hereditaments in Tanterne in the said County of Monmouth c. to the use and behoof of the said Richard Herbert his Heirs and Assigns for ever and as for and concerning all and every other the Mannors Messuages Lands Tenements Meadows Leasowes Pastures Feedings Commons Woods Under-woods Rents Services and Hereditaments whatsoever to them the said Ed. L. H. and R. H. or either of them with their and every of their appurtenances in the said County of Monmouth to the use and behoof of the said Richard Herbert 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 after the decease of him the said R.H. to the use and behoof of the said E.L. H. for and during the term of his natural life and after the decease of the said E. L. H. to the use and behoof of Edward Herbert eldest Son of the said Richard Herbert and of the Heits males of his body lawfully to be begotten and for default of such Issue to the use and behoof of John Herbert second Son of the said Richard and of the Heirs males of his body lawfully to be begotten and for default of such Issue to the use and behoof of Richard Herbert third Son of the said R. H. party to these presents and of the Heirs males of the body of Richard Herbert Son of the said R.H. party to these presents lawfully to be begotten and for default of such Issue to the use and behoof of the fourth Son of the body of the said Richard Herbert party to these presents on the body of the Lady Mary Herbert his wife Daughter of the said Jo. E. of B. begotten or to be begotten and of the Heirs males of the body of such fourth Son lawfully to be begotten and for default of such Issue to the use and behoof of the fifth Son of the body of the said Richard Herbert party to these presents on the body of the said Lady Mary Herbert his wife begotten or to be begotten and of the Heirs males of the body of such fifth Son lawfully to be begotten and so the sixth seventh eighth ninth and tenth 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 Richard Herbert party to these presents to be begotten successively one after another as they and every of them shall be in seniority of age and priority of Birth the eldest
the said Mannor to the onely use and behoof of the said A. L. her Heirs and Assigns for ever according to the custome of the said Mannor all that little Close or Land with the appurtenances lying and being in a place called G. in the County of E. being Copy-hold Land of the said Mannor the same premisses being at the time of the said Surrender to be made freely and clearly acquitted and discharged of and from all former surtenders grants and incumbrances whatsoever that then c. A Condition that the Sheriff executing a Writ may detain out of the Goods and Lands extended so much money c. THe Condition c. That whereas the within-bound R. W. the day of the date hereof hath delivered to the hands 〈◊〉 within-named G.M. and W.M. the Writ of Execution 〈◊〉 ing and extending the goods chattels and moyety of 〈…〉 Tenements and Hereditaments of one Sir W. M. of c 〈…〉 or the use of the said R. W. whereby the same R. may be 〈◊〉 of the sum of 200 l. mentioned in the said Writ 〈…〉 case the said G. M. and W. M. or either of them do lawfully execute or cause to be lawfully executed the said Writ according to the nature meaning and purport thereof by the impannelling of Twelve lawfull and indifferent men to be sworn of the Contents of the said Writ if then the said R.W. his Executors and Administrators do quietly permit and suffer the said Sheriff or Under-Sheriff to have take receive and detain to his and their own proper use and behoof out of such moneys goods or chattels as shall be had levied or received by vertue of the said Writ or the execution thereof as much in lawful money of England or other benefit as they or the said Sheriff or Under-Sheriff or one of them shall think reasonable or sufficient for their satisfaction of and for such travel pains or charges as they shall be at in and about the execution of the said Writ and Extent thereupon to be had or made otherwise within c. next after the said Writ shall be executed and return thereof made accordingly do pay or cause to be paid unto the said Sheriff or Under-Sheriff or their Deputy or Deputies so much lawful money of England as they shall for the causes aforesaid reasonably demand that then c. A Condition to save harmless from a Bond of Arbitrement THe Condition c. That if the above-bound A.D. his Executors and Administrators or any of them do and shall from time to time and at all times hereafter well and sufficiently save and keep harmless and indempnified the above-named G. M. his heirs executors and administrators and his and their lands tenements goods chattels and hereditaments of for from and concerning one Obligation bearing date the day of the date above-written wherein the said G. M. at the request of the said A. D. is and standeth bound unto R. M. Gent in the sum of 100 l. with condition there-under written that the said A. D. abide the award of W.N. and T.B. Esquires Arbitrators and of and from all actions sutes arrests costs charges and demands whatsoever concerning the premisses without fraud or coven that then c. A Condition where Purchase-money is to be paid at two payments if default be made in the first the whole with allowance to be paid at the second THe Condition c. That whereas in and by one pair of Indentures bearing date the day of the date within-written made between the within-named A. L. of the one party and the within-bound J. I. of the other party the said J. I. is to pay to the said A. L. the sum of 200 l. of c. on the c. at or in c. being the first payment of the summe of c. which the said J.I. is to pay unto the said A.L. for the Purchase of the Keepership Herbage and Pannage of B. Park of c. in the County of c. as by the said Indenture may more at large appear And if it shall happen the said J.I. his executors administrators and assigns to make default in payment of the said Sum of 200 l. unto the said A.L. his executors administrators and assigns on the said c. next coming contrary to the tenor of the same Indenture then if the said J. I. his executors administrators or assigns do well and truly pay or cause to be paid unto the said A.L. his executors administrators or assigns the full sum of c. on the c. at or in c. without fraud or coven that then c. A Condition where money is lent upon a Bond and a Letter of Atturney to receive the money due upon the Bond the Obligor in this Bond is to pay c. THe Condition c. That whereas A.B. of c. and C D. of c by their Obligation bearing date the c. in the c. are and stand joyntly and severally bound unto E. F. c. in the sum of c. for payment of c. on the c. at c. as by the said Obligation and Condition thereupon made more at large appeareth And whereas J.F. by his Letter of Atturney bearing date the c. in the c. did make ordain and constitute the within-bound P. V. his lawful Atturney irrevocable to ask levy recover and receive to his own proper use and behoof of the said A.B. and C D or either of them the said sum of c. on the c. according to the tenor of the said Obligation as by the said Letter of Atturney more at large likewise appeareth upon which said Obligation and Letter of Atturney the within-named H. B. hath lent unto the said P. V. the full sum of c. and hath assigned the said Condition over unto the said H B. with the said Letter of Atturney so made unto the said P. V. by the said E. F. as aforesaid If in case therefore the said sum of c. be not well and truly paid to the said H. B. his Executors or Assigns at or upon the said c. next ensuing the date hereof by the said A. B. and C. D. or one of them according to the true intent and meaning of the said recited Obligation and Condition hereof to the proper use and behoof of the said H.B. then if the said P. V. and the within-bound M.C. or either of them or the Heirs Executors or Assigns of them or either of them do and shall well and truly repay or cause to be repaid unto the said H. B. his Executors or Assigns the sum of c. on the c. at or in c. in lieu of the said c. so to be paid as aforesaid by the said A. B. and C. D. that then c. A Condition that the Obligor shall pay c. within three months next after default of payment made by another THe Condition c. That whereas Sir F.C.
by these presents do give grant assign and set over unto J.C. of c. his Executors Administrators and Assigns as well the said recited Obligation and sums of Money therein contained as all my right action and demand in and to the same giving and by these presents granting unto the said J. C. his Executors Administrators and Assigns full power and authority from time to time and at all and every time and time hereafter from and after breach made and non-performance of the Covenants Grants Articles payments or agreements which on the part and behalf of the said L. B. are or ought to be observed performed fulfilled paid and kept mentioned and contained in and by the said Indenture of Lease for me and in my name nevertheless to the onely use and behoof of the said J. C. his Executors Administrators and Assigns to sue arrest implead and imprison and at his and their will and pleasure out of prison again to deliver and release the said L. B. and M. A. and either of them their and either of their executors administrators and assigns for the breach or non-performance of any the Covenants and all and every Sum and Sums of Money recovered upon or by reason of the said recited Obligation to detain and keep to the onely proper use and behoof of the said J. C. his Executors Administrators and Assigns without any account therefore to be rendred or for any part thereof and I. c. shall and will ratifie allow and maintain all and whatsoever the said J. C. his executors or assigns shall do or cause to be done in or about the premisses and I the said J. K. for me my Executors and Administrators do covenant promise and grant to and with the said J. C. his Executors Administrators or Assignes by these presents That neither I the said J. K. my Executors or Administrators have released the said Obligation or any Summe of Money therein contained nor shall or will acquit release or otherwise discharge the same or any the Obligors therein mentioned their Executors Administrators or either of them without the special licence consent and agreement of the said J. C. his Executors or Assigns in that behalf first had and obtained In witnesse c. A Letter of Attorney to receive Rent when it shall grow due BE it known unto all men by these presents That I T. B. of c. for divers good causes and considerations me moving have made constituted and appointed and by these presents do make ordain constitute and appoint R. R. of c. my true sufficient and lawful Atturney and Assign for me and in my name neverthelesse to the onely use and behoof of the said R. R. to demand collect and receive of W. R. A. H. and J. D. all that sum of c. and of W. T. all that Summe of c. which said Sum of c. will be due and payable unto me the said T. B. for one half years Rent at c. next ensuing the date of these presents for Lands by them holden of me lying and being in M. aforesaid giving and by these presents granting unto my said Atturney full poweâ— and authority for me and in my name to take and receive the said Sums of c. due to me as aforesaid and the same so had and received to detain and keep to his own proper use without any accompt therefore to be rendred unto the said T. B. my Heirs or Assigns and also upon the receipt thereof to deliver unto them acquittance in my name testifying the receipt thereof and I shall and will ratifie allow and confirm all and whatsoever my said Atturney shall do or cause to be done in or about the premisses by these presents In witnesse whereof c. A Letter of Attorney to take possession of a Messuage c. from the Sheriff taken upon an Extent TO all c. I Sir T. B. of c. send greeting Know ye That I the said T. B. have made ordained constituted authorized and appointed and by these presents do make ordain constitute authorize and appoint T. W. and H. D. of c. or either of them my true and lawful Atturneys or Atturney joyntly or severally for me and in my name to take and receive of the now Sheriff of the County of Y. peaceable and quiet possession as well of and in one capital messuage c. as of and in c. all and singular which said lands and premisses were lately belonging unto I. B. Gent. and which the said now Sheriff hath intended by vertue of a Writ of Extent to him directed upon a Statute of 200 l. acknowledged and entred into by the said I. B. unto me the said T.B. giving â—â—d by these presents granting unto my said Atturneys or either of them full power and authority for me and in my name to do execute accomplish and finish all and whatsoever shall be needfull and necessary to be done in or about the premisses by these presents And I shall and will ratifie allow and confirm all and whatsoever my said Atturneys or either of them shall do or cause to be done in or about the premisses by these presents as if I my self were then and there personally present In witnesse c. A Letter of Attorney to receive a Legacy and the same to pay in discharge of a Bond. TO all c. I R. F. of c. send greeting Whereas R. B. and R. M. of c. together with me c. by one Obligation c. general words of the recital of the Bond Now know ye That I the said R.D. for the indempnity and saving harmlesse of the said R.B. and R.M. and either of them their and either of their executors administrators and assigns of and from the payment of the said sum of c. unto the said T. G. his Executors Administrators and Assigns on the said c. next coming and at the place of payment aforesaid have made ordained constituted authorized and appointed and by these presents do make ordain constitute authorize and appoint the said W.M. his Executors Administrators and Assigns my true and lawful Attorney for me and in my name or names of me the said R. B. my Executors Administrators and Assigns to demand ask levy recover and receive of M. B. of c. J.T. of c. and G.J. of c. or any of them their or any of their Executors Administrators or Assigns the full summe of c. parcel of such sum of money as is or shall be due and payable unto me as a Legacy given unto me in and by the last Will and Testament of W. B. my Father late of c. Esquire deceased and upon the receipt of the said sum of c. to give and to deliver unto them the said c. or some or one of them their executors or assigns one acquittance bearing date the day of the date thereof made sealed and delivered by me to
by force thereof stand and be seized of the Messuage or Tenement Close Lands Meadows and Premisses To suffer a Recovery untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Lands Meadowes and Premisses according to the course of common Recoveries for assurance of Lands and Tenements in such cases used And it is hereby fully declared and agreed by and between all the parties to these presents That after the said Fine or Fines so to be levied of the said Messuage Lands and Premisses as aforesaid he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T.M. one or more Writ or Writs of Entry sur Disseisin in le post returnable before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster by which he the said H.H. shall demand against him the said T.M. all and every the said Messuage Lands Meadows and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six acres of Meadow six acres of Pasture and Common of Pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names quantity or number of Acres as to the said H. H. shall seem meet To which Writ or Writs the said T. T. shall appear gratis and shall enter into the Warranty and shall vouch to warranty the said T.B. party to these presents who also shall appear and enter into the warranty and shall vouch over the Common Vouchee who also shall appear and enter into the warranty for the said Premisses and after make default so that a good and perfect Common Recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Close Lands Meadows and Premisses according to the course of Common Recoveries in such cases used And it is hereby further declared concluded The declaration of the use expressed and agreed by and between all the Parties to these presents And the true intent and meaning of all the parties to these presents and of these presents is That after the said Recovery suffered and executed of and for the said Premisses or any of them as well the said Recovery as also the said Fine and all Fines and Recoveries suffered and levied or to be suffered levied or acknowledged by or between the said parties to these presents or any of them of and for the premisses or any of them shall be and enure and hereby and by all the parties to these presents are and shall be adjudged deemed and taken to be and enure To the only proper use and behoof of the said T. B. party to these presents and of his heirs and assigns for ever And to none other use intent or purpose whatsoever In witness whereof the parties abovesaid c. A Re-demise of Lands Mortgaged THis Indenture made c. between T. L. of c. on the one part and J. M. of c. and G. M. of c. on the other part Whereas the said J.M. and G. M. by their Indenture of Lease Recital of the Mortgage bearing date c. for the considerations therein expressed did demise grant bargain set and to farm-let unto the said T. L. his Executors and assigns all that the Mannor of L.G. and P. with the appurtenances in the said County of M. and also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasows Pastures Feedings Wayes Wasts Wast-grounds Commons Commodities Moors Marshes Woods Wood-grounds Underwoods Waters Water-courses Ponds Pooles Liberties Fishings Advowson and Patronage of the Church of L.G. and P. aforesaid Rents Reversions Services Escheats Fines Amerciaments Court-Leets Views of Frankpledge and Profits of Courts and all that to Courts and Leets belongeth Chattels Wafes Estrayes Goods and Chattels of Felons and Fugitives Customes Rights Jurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with their appurtenances of whatsoever kind nature or quality soever or by whatsoever name or names they are called or known by scituate lying and being coming renewing arising or growing in L. G. and P. aforesaid H. Y. and Z. or within any of them or elsewhere in the said County of M. to the said M. Messuages Lands Tenements Meadows Feedings Pastures and other the Premisses or to every or any of them in any wise belonging or appertaining or incident or dependant thereunto or as part parcel or member thereof or at any time thentofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof with their and every of their Rights Members and Appurtenances To haâ—â— and to hold the said Mannors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Rights and Appurtenances unto the said T. L. his Executors and Assigns for the term of 99 years next ensuing the date of the said recited Indenture of Lease fully to be compleat and ended by and under the yearly rent of a Pepper-corn at the Annunciation of our Lady St. Mary the Virgin if it were lawfully demanded as by the said Indenture of Lease amongst other things therein contained it doth and may appear Now this Indenture witnesseth The re-demise That the said T. L. for divers good causes and considerations him moving hath demised set and to Farm-letten and by these presents doth demise set and to Farm-let unto the said J.M. and G. M their Executors and Assigns the said Manors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Appurtenances in the said recited Indenture of Lease mentioned To have and to hold the said Mannor The Habendum and all other the Premisses with their and every of their appurtenances unto the said J. M. and G. M. their Executors and Assigns for the Term of 98 years and 10 moneths next ensuing the date thereof Yielding and paying therefore yearly during the said term unto the said T. L. his Executors and Assigns one Pepper-corn at the Feast of Proviso to pay money c. if it be demanded Provided alwayes and upon Condition That if the said J. M. and G. M. their Heirs Executors Administrators and Assigns or some of them shall not well and truly pay or cause to be paid unto the said T. L. his Executors or Assigns the summe of xx pounds of currant money of England on and upon the Twenty fifth day of M. next ensuing the date hereof and also the sum of 500 pounds of currant money of England on and upon the twenty fifth day of M. which shall be in the year of our Lord God 1632. that then from and after default of payment of the said several Sums or either of
seized of so much and such part and parcel of the said Lordships Mannors and Premisses as either in respect of not making and naming the right Tenant of the Free-hold in the severall Writs of Entry aforesaid or in respect of any other legal defect shall not be by the severall and Recoveries aforesaid well and sufficiently assure and settle to the several uses before in and by these presents expressed to the severall and respective uses intents and purposes hereafter in and by these presents expressed appointed and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his assigns for and during the Term of his naturall life without impeachment of or for any manner of wast and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her Assigns for and during the term of his natural life and from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever In witnesse whereof to one part of these present Indentures remaining with the said E. Lord G. Dame I. his wife D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed and set their severall hands and seals and to one other part of these present Indenture remaining with the said W.N. and A. T. the said C. Lord S. E. L. G. Dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals and to one other part of these Indentures remaining with the said C. Lord S. the said W.N. A.T. E.L. G. Dame I. his wife D. L. and I.S. have interchangeably subscribed and set their several hands and seals the Day and Year first above-written Anno Dom. A Condition to save harmless where one Attorns Tenant with a Covenant to grant a Lease when the premisses are setled in the Obligee THe Condition of this Obligation is such That whereas the within named I. S. hath attorned Tenant and doth and is contented to pay his Rent being Eleven pounds ten shillings per annum unto the within bound T. S. his heirs or assigns for the Messuage or Tenement with the Appurtenances wherein the said J.S. now dwelleth scituate near W. London If therefore the said T.S. his Heirs Executors Administrators or Assigns do from time to time and at all times hereafter clearly acquit discharge or sufficiently save harmless and indemnified the said J. S. his Executors Administrators and Assigns goods and chattels as well against one R. N. of the Parish of Saint G. in the Fields in the County of M. gent. and K. his wife and against the Heirs and Assigns of the same K. also against all and every other person and persons whatsoever of for from touching and concerning all such and so much Rent as he the said J. S. his Executors or Assigns hath already paid or shall hereafter pay to the said T. S. his heirs or assigns for the Tenement aforesaid with the Appurtenances and also of and from all Actions Suits Charges Distresses Forfeitures Judgments Executions and all other Damages Troubles and Incumbrances whatsoever that shall or may arise or grow or be had commenced or prosecuted against the said J. S. his Executors Administrators or Assigns by reason of paying the said Rent or any part thereof unto the said T. S. his Heirs or Assigns or by reason of occupying of the said Tenement And further If in case the said T. S. his heirs or assigns do or shall quietly hold and enjoy the possession of the Tenement aforesaid with the appurtenances amongst other things as he the same T. now doth for and during the space of two years next coming after the date within written without any further new Suit Then if the said T. S. his heirs or assigns do within one month next after the end and expiration of the said term of two years or after such time as the estate of the premisses shall be perfectly setled in the said T. or his heirs at the reasonable request and at the costs and charges in the Law of the said J. S. his Executors or Administrators by good lawfull and sufficient Indenture of Lease in due form of Law to be had made and executed Demise grant and to Farm-let unto the said J. his Executors Administrators and Assigns all the said Messuage or Tenement with the appurtenances wherein the said J. now dwelleth as aforesaid for so many years as will make up the remainder of the term of years in his former Lease granted full Twenty and one years and under the yearly Rent of Eleven pounds ten shillings quarterly to be paid to the said T. his heirs or assigns or within one and twenty dayes next after every Quarter-day by even portions and with such other reasonable Covenants therein to be contained as are commonly used in such like Leases That then this present Obligation shall be void and of none effect or else it shall stand and remain in full force strength and vertue A Condition to save harmless an Executor for payment of several Legacies to Orphans with a Covenant to see the same Legacies disposed to the best advantage for the Legatees THe Condition of this Obligation is such That whereas M.D. late of St. J. street in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the Tenth day of M. in the Year of our Lord God One thousand six hundred and fourteen did amongst other Legacies and Bequests give and bequâ—ath unto M. T. and A. T. Daughters of the within-bound T. T. Five shillings a piece of lawfull money of E. as by the sâ—me Will more at large appeareth Which said Sums of five shillings a piece the within named I. S. Executor of the last Will and Testament of the said M. D. hath at the Request of the said T. T. at and before the ensealing and delivery hereof paid and disbursed to the said T.T. for the use and behoof of his said Daughters M. and A. If therefore the said T. T. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said I. S. his Executors and administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said M. and A. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment of the said Sums of five shillings a piece to the said T. T. their Father
And further and all and every such other act and acts thing and things assurance and assurances conveyance and conveyances in the Law whatsoever for the better more perfect sure and absolute conveying and assuring of all and singular the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all other the premisses with the appurtenances by the said recited Indenture mentioned or intended to be granted bargained and sold unto the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of Condition Mortgage or Redemption be it by fine or fines feoffment Recovery or Recoveries with single or double voucher or vouchers deed or deeds enrolled or not enrolled the enrollment of these presents release confirmation or by all or any of them or otherwise by any other lawful and reasonable act and devise with wartanty of him the said R. M. and his Heirs against all men or otherwise without warranty if it be so required as shall be reasonably devised or advised by the learned Council of the said R. L. and G. L. their heirs or assigns or some or one of them And it is covenanted granted concluded and agreed by and between all the said Parties to these presents That T. and W. P. by Writ of Entry For passing of a Recovery Sur disseism en le post to be by them sued forth at the costs and charges of the said R. L. and G. L. out of the High-Court of Chancery and to be returned into the Court of Common-Pleas at Westminster before the Justices there against them the said R. L. and G. L. then in possession of the said Premisses shall recover the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and other the Premisses mentioned meant or intended in or by the said recited Indenture to be bargained and sold with their rights members and appurtenances in due form of Law against the said R. L. and G. L. then being Tenants of the said Premisses with the appurtenances by some name and names in the said Writ and Recovery to be contained and upon the said Writ and proceeding thereupon the said R L. and G. L. after appearance shall vouch over to warrant the said R. M. and that the said R. M. shall thereunto appear and vouch over to warrant the Common vouchee and that each of them the said R. L. and G. L. and the said R. M. shall do and suffer all and whatsoever to them and either of them in that behalf shall belong and appertain for the suffering a good and perfect Recovery of all the said Mannors Lordships Lands Tenements and other the Premisses mentioned in the said Indenture to be thereby given granted bargained and sold unto the said R. L. and G. L. according to the course of Common Recoveries and Assurances of Lands in such Cases used and that the said Recovery shall in due form of law be executed by the Writ of Habere facias seisin accordingly And it is by these presents likewise fully concluded agreed and declared by and between all the Parties unto these presents To lead the use of the Recovery That the said Recovery and all other Recoveries whatsoever had made knowledged levied executed or suffered or to be had made knowledged executed or suffered of the Premisses or of any parcel thereof by or betwixt the said Parties or any of them and the full force and execution of the same and every of them shall be and enure and shall be had taken confirued esteemed and adjudged to be and to enure to the only uses provisoes conditions and limitations before herein mentioned according to the true intent and meaning of the said Indenture and of these presents and to no other use behoof intent or purpose whatsoever And it is further covenanted conditioned concluded and fully agreed by and between the said Parties to these presents For payment of a further sum of money for the absolute purchase of the land mortgaged and the true intent and meaning of the said Parties to these presents is and the said R. L. and G. L. do covenant c. That if the said R. M his Heirs Executors Administrators or Assigns or any of them do not pay or cause to be paid unto the said R. L. and G. L. their Executors Administrators or Assigns nor to any of them the said Sum of 800 l. c. at the day and places of payment thereof above mentioned but shall make default of payment thereof or of any part or parcel thereof according to the true meaning of the said Proviso or condition whereby or by reason whereof the premisses and every parcel thereof shall become absolute to the said R. L. and G. L. their heirs and assigns according to the true intent and plain meaning of these presents that then they the said R. L. and G. L. their Heirs Executors Administrators or Assigns or some of them shall and will pay or cause to be paid unto the said R. M. his Heirs Executors Administrators or Assigns at or c. the full sum of c. in manner and form following that is to say on the c. day of c. the sum of 120 l. and within one whole year next ensuing the day of the death of the said R. M. the Father the sum of 100 l. at the end of one other whole year then next following one other 100 l. and at the end of one other whole year also then next ensuing one other 100 l. in full satisfaction of and for the clear and absolute purchase of the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and of all and singular other the premisses in the said Indenture mentioned to be thereby given granted bargained and sold and of every part and parcel thereof with the appurtenances In witness c. Covenants for surrendring of Copy-hold Lands And the said D. S. for the consideration before in these presents expressed doth further covenant promise and grant for her self For making a Surrender her Heirs Executors and Administrators and for every of them to and with the said J. P. his Heirs and Assigns by these presents That she the said Dame S. S. or her Heirs shall and will on this side and before the Feast of c. at the charges in the Law of the said J. P. his Heirs or Assigns make and suffer or cause to be made and suffered a good and sufficient Surrender in Law to the use of the said J. P. his heirs and assigns for ever according to the custome of the Mannor of C. of one Field or Close of Pasture c. And so recite the Land verbatim for every part and parcel thereof with the appurtenances being parcels of the said Mannor of C. and which late were the Copy-hold inheritance of T. C. deceased according to the custome of the said Mannor And the said Dame S. doth covenant c. That the said
and Administrators all and all manner of other actions sutes and demands whatsoever which at any time heretofore he hath had or at any time hereafter shall or may have to or against the said D. N. his Executors or Administrators for or by reason of any other matter cause or thing whatsoever from the beginning of the World untill the c. day of c. In witnesse c. A Release of a Condition in an Indenture of Bargain and Sale with the Proviso recited TO all Christian People to whom c. T. C. and R W. c. greeting c. Whereas the said T. C. and R. W. by their Indenture of Bargain and Sale bearing date as well for and in consideration of the sum of 1000 l. c. then in hand paid to E.E. by M. P. as for 20 s. of c. paid unto the said T. C. and R. W. and for divers other good causes and considerations them thereunto especially moving did bargain sell enfeoffe and confirm unto the said M. B. his heirs and assigns for ever all that their Park of N. c. verbatim as in the Indenture of Bargain and Sale as by the same recited Indenture amongst divers other grants covenants provisoes clauses and agreements therein contained more plainly and at large it doth and may appear In and by which said Indenture before recited there is a condition or proviso contained in these words or to this effect following that is to say Provided alwayes That if the said M.B. c. reciting the Proviso or Covenant truly Now know ye That we the said T.C. and R. W. for divers good and reasonable causes and considerations us in this behalf specially moving have remised released and quit-claimed and by these presents do for us and our heirs remise release and do for ever quit-claim unto the â—aid M.B. being in his full and peaceable possession and seisin of the premisses and to his heirs and assigns to the only use and behoof of him the said M.B. his heirs and assigns for ever the said proviso and condition and all and every article matter and clause concerning the same and all the estate right title interest claim condition entry benefit and demand and every of them whatsoever which we the said T.C. and R.W. or either of us have or hath or may or ought to have or claim of in or to the said Park called N. Lodges lands tenements meadows feedings pastures woods under-woods waters fishes fishings waste-ground hereditaments and all and singular other liberties profits and commodities whatsoever mentioned or expressed or intended to be granted bargained or sold in or by the said recited Indenture dated c. and of in and to every part and parcel thereof with the appurtenances so that neither we c. as in other before with warranty as aforesaid A Release of an Annuity TO all Christian People to whom c. A.B. greeting c. whereas the said A. B. by his Deed c. reciting the grant of Annuity Now the said A. B. in consideration c. hath granted remised released and quit-claimed and by these presents doth grant remise release and for ever quit-claim unto the said R. O. being the true and lawful owner of the said Mannor of R. and in possession of the same at the ensealing and delivery hereof the said Annuity or yearly Rent of thirteen pounds c. and all the arrerages thereof if any be and all the estate right title interest benefit claim and demand whatsoever of him the said A. B. in and to the said Annuity or yearly Rent of 13 l. or any arrerages distresse or distresses entry or forfeiture had or taken or which may or can be had taken or claimed for concerning or by reason of the said Annuity or yearly Rent or Arrerages thereof if any be In witness c. A Release of the Condition and other Covenants in an Indenture of mortgage with a confirmation from the Mortgager to the Mortgagee THis Indenture made the c. between Sir H. H. c. of the one party and R. H. and G. L. of the other party Whereas the said Sir H. H. by one Indenture bearing date c. as well for and in consideration of the Summe of 400 l. then already paid unto the said H.H. before the ensealing and delivery of the said Indenture as also for and in consideration of the Summe of 1000 l. c. to be paid unto the said H. his Executors or Assigns at such a day time and place and in such manner and form as in the said recited Indenture dated c. were set down and expressed hath given granted bargained sold confirmed and delivered unto the said R.L. and G. L. their heirs and assigns forever all that the Mannor or Lordship of E. in the County of L. c. as in the Indenture And sithence the said Sir H.H. and R. his wife have â—â—vied a fine of the said Mannor or Lordship Messuages 〈…〉 Tenements and of other the Premisses or of the greatest part thereof unto the said R. L and G. L. and to the heirs of one 〈◊〉 them And sithence a Recovery in and by a Writ of Entry Sâ— disseisin en le post hath been had of the premisses or oâ— the most part thereof against the said R.L. and G. L. who vouched therein to warranty the said H.H. who thereupon entred into the warranty and vouched over to warranty the common voucher in and by all things according to the usual order and form of Common Recoveries with double voucher for assurance of Lands and Tenements which Recovery hath been executed by Writ of Habere facias seisin accordingly which said fine and recovery and all other fines and recoveries whatsoever sithence the date of the said Indenture had levied or suffered by or between any of the said parties to the same Indenture or any of them of the premisses or of any part or parcel thereof were had levied and suffered to the only use of the said R. L. and G. L. and their heirs upon the condition contained in the same Indenture and according to the intent and true meaning of the same Indenture dated the said first day of c. and to no other use intent or purpose In which said Indenture dated the said first of c. there is a Proviso or condition contained in these words or to this effect following that is to say Provided alwayes c. reciting the Proviso And in which said recited Indenture dated the said first day of c. there is a Covenant contained in these words or to this effect following that is to say And the said R. L. and G. L. do covenant and grant c. reciting the Covenant That the Mortgager may have and receive the issues of the Lands mortgaged till the day of payment c. And in which said recited Indenture dated the said first day of c. there is also contained a Covenant in these words or to
it stands in force or be reversed by attaint or Writ of Error is final and makes an end of the Suit And here observe 1. That all Judgments are either by Award by Confession by Default or by Tryal Cro. 2.468 2. That a Judgment cannot be depheasanced before it be obtained Cro 1.837 3. That Judgments are much favoured in Law for Judicia in Curia Regis reddita pro veritate accipiuntur et Judicia sunt cantum Juris dicta Judicia in Curia Regis reddita non adnihilentur sed stent in suo robore quousque per errorem aut attinctam adnullentur for Interest reipublicae res judicatas non rescindi et nihil est tam conveniens naturali aequitati quam unum quodque dissolvi eo ligamine quo ligatum est Co. Inst 2. part 360. 4. That if the Plaintiff upon a Judgment dye his Executors or Administrators may not proceed to take advantage thereof or have Execution thereupon till they have first sued out a Scire facias Co. Inst 2. part 288 394. The Method of proceeding in a Judgment is as followeth viz. The Judgment being past the Plaintiff may choose his Execution and to pursue it But he is first to take care that this Judgment be entred in due and legal form which you may see in the Book of Entries Then he must be careful in the choyce of his Execution As for Example If he make choyce of an Elegit it is to be directed to the Sheriff in the form by Law prescribed for which see F.N.B. and the Old N. B. Then the Sheriff having received the Writ must summon a Jury and this Jury is to inquire and return what Fee-simple Fee-tail or for life Lands Goods or Chattels the Defendant had at the time of the Judgment or at any time after And this must be very carefully done the finding must have certainty in it by the quality of the Land as the Mannor of H. a Messuage and 20 Acres of Land Meadow and Pasture in D. in the occupation of J. S. of the value of c. 5. pound Rent c. Then the Sheriff is either at the same time or some time afterward to deliver the one moyety thereof and this last he alone doth without the Jury And herein care must be had that they do it by meets and bounds and that he do certainly describe that which he doth so deliver and that he deliver what is divideable and therefore that he do not divide a Mannor and deliver the moyety thereof for by this means he may destroy the Mannor And if the Sheriff shall deliver too much the Court at the return of the Writ may quash it and order a new Inquiry When the Plaintiff is satisfied by incursion of time the Defendant may re-enter upon his Land without more ado but if he hath received satisfaction by some accidental improvement of the Land there he is to call the party into Court out of which the Writ issued and there to do it by Scire facias Co. 5.38 39. But all Executions are to be taken out within a year after the Judgment else no Execution can be made out without first suing forth a Scire facias Westm 2.45 13 Edw. 1. The Execution upon a Judgment shall relate to the day of the Writs date and the award of the Writ of Execution shall bind all the Goods of him against whom Judgment is which he had at the day of the Execution awarded The Entry of a Judgement may be stayed and arrested if the Court shall see cause That a Judgment may be for a part of the thing only in demand or for the whole That a Judgment may be erroneous and avoidable by a Writ of Error for many causes Cro. 2.303 That after Judgment no Issue shall be taken Cro. 2.126 That when a Judgment is reversed for Error the Party is restored to his first remedy Co. 8.141 The Forms and Presidents of these things vary according as the case requires and being only practicable by Attorneys who are or ought to be well versed therein we will trouble the Reader with them but in the next place shew the several Statutes that speak of the same Stat. Westm 2.18 13 E. 1 That he that recovereth debt or damage in the Kings Court may at his choyce have a Fieri facias of the Lands and Chattels of the Debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough-Beasts and the moyety of his Land by a reasonable extent till the debt be levied And if he be Ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be And this last Writ is called an Elegit which is given upon a Statute also Stat. 32 H. 8. cap. 5. That for all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things inrolled the Execution shall be within the year but after the year a Scire facias whereupon if satisfaction be not made or good cause shewed the Sheriff shall be commanded to Execution That if Lands delivered in Execution upon just cause be recovered without Fraud from the Tenant in Execution before he shall have levied and received his whole debt and damages he may have a Scire facias out of the Court from whence he had the Execution returnable in the same Court at a day Forty dayes at the least after the date of such Scire facias at which day if the Defendant being lawfully warned make default or do appear and do not plead a sufficient cause other than the former acceptance of the Lands to avoid the said Suit for the residue of the said debt and damages the said Court shall issue forth a new Writ of Execution for the levying thereof Stat. 1 Jac. cap. 13. If any taken in Execution be delivered by Priviledg of Parliament as soon as the Priviledg ceases the Plaintiff his Executors or Administrators may sue out a new Execution against him and the Sheriff or other Officer shall not be chargeable for the first Arrest Stat. 3 Jac. cap. 8. That no Execution is to be stayed upon any Writ of Error or Supersedeas upon it for reversing of a Judgment for debt or upon a Contract till the Plaintiff be bound in Recognizance with two Sureties in that Court in double the Summe of the Judgment to prosecute it with effect and pay the debt costs and damages if the Judgment be affirmed Stat. 21 Jac. cap. 24. That the party at whose Suit any one is in Execution for debt or damages recovered their Executors or Administrators may after the death of the person so charged and dying in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person so deceased in like manner as if the person so deceased had never been taken in Execution Howbeit this Act shall
not extend to Lands sold bona fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts But to return to Execution wherein we are to consider That the Writs whereby this Execution is made are some of them against the person some of them against the goods some of them against the Lands and some of them against the Body Lands and Goods together Co. 6.87 8.141 For the doing of Execution in a Suit for debt or damages the Writs are the Levari facias the Fieri facias and the Capias ad Satisfaciendum and sometimes the Exigent the Capias Utlagatum and the Capias pro fine The Levari facias is a Judicial Writ directed to the Sheriff for the levying of a summe of money upon the Lands and Tenements of him against whom the Judgment is Reg. Orig. fol. 298. The Fieri facias is a Judicial Writ lying for him that hath recovered in an Action on Debt or Damage directed to the Sheriff commanding him to levy the same of the Defendants goods Old Nat. Bre. 152. The Capias ad Satisfaciendum is a Judicial Writ grounded upon a Statute lying where a man hath recovered in an Action personal any debt or damages in the Kings Court directed to the Sheriff to command him to take the body of him against whom the debt is recovered and to put him in prison till Satisfaction be made to him that recovered And all these three last named Writs are to be sued out within a year and day after the Judgment obtained and not after without Scire facias And if they be sued out within the year they may be continued after the year till Execution Co. on Litt. 290. The Exigent is a Writ that lyeth where the Defendant in an Action personal cannot be found nor any thing within the County to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlawry And if he be Outlawed then all his Goods and Chattels are forfeited And this mostly goeth forth before Judgment and in some cases after Judgment If it be before Judgment there must go before it three Writs of Capias ad Respondendum with a Non est inventus upon each of them returned But if it be after Judgment as it may on a Capias ad Computandum or Capias ad Satisfaciendum there it may issue out after the first Capias Termes del Ley. The Capias Utlagatum is a Writ of Execution or after Judgment which lyeth against him that is Outlawed upon any Suit directed to the Sheriff commanding him upon receit thereof to apprehend the party Outlawed for his contempt in not appearing upon the Exigent and to keep him in safe custody until c. and to bring him into the Court at the day of the return of the Writ where he is to remain without bail or mainprise Co. 12.103 There is also a special Writ in this case called a Capias Utlagatum inquiras de bonis et Catallis which is a Writ in a manner the same with the former but that it gives a farther power to the Sheriff over and besides the apprehension of his body to inquire of and seize upon his Goods and Chattels to the Kings use Old N. B. 154. The Capias pro fine is where a Judgment is given in a Case for a Plaintiff and it is in such a case where the Defendant is also to pay a Fine to the King the which being not paid to command the Sheriff to take and imprison him till he pay his Fine to the King Co. 3.1 2 3. The Extendi facias is that which is called the Writ of Extent whereby the value of Lands c. is commanded to be made and levied For to extend doth signifie in Law to value the Lands or Tenements of one bound by Statute c. who hath forfeited his Bond to such an indifferent rate as by the yearly Rent the Obligor may in time be paid his debt F.N.B. 131. And Extent doth sometimes signifie a Writ to the Sheriff for the valuing of Lands or Tenements and sometimes the Act of the Sheriff upon this Writ And if the Sheriff delay to execute the Writ of Extendi facias in the delivery of Lands Goods and Chattels of the Conusor to the Conusee that are apprised and taken into his hands upon the Extent he may be be forced to it by a Writ called a Liberate The Elegit is a Judicial Writ grounded upon the Statute and lyeth for him that hath recovered debt or damages in the Kings Court against one not able in his Goods to satisfie directed to the Sheriff to command him to make delivery of half the parties Lands and Tenements and all his Goods Oxen and Beasts for the Plough excepted Old Nat. Bre. 152. Reg. Orig. 129 299. The Scire Facias is a Judicial Writ most commonly to call a man to shew cause to the Court whence it is sent why Execution of a Judgment passed should not be made And this commonly is not granted before a year and a day be passed after the Judgment given In which cases for the most part Execution is not grantable until this Writ and the return thereof be had and past Vet. N. B. 151. And where a man shall be put to this To have Execution or not see 21 E. 3.22 Execution 53 55 69 89 97 143. Scire Facias 126. Execution 102 164 243. And here observe That Executions may be arrested and stayed by the Court wherein the Judgment is given By the Common Law for a debt for which a man had Judgement he could have had neither Body nor Lands in Execution in case of a common person but the Goods and Chattels and Profits of the Lands except in case of an heir chargeable by the deed of his Ancestor but the Law is now otherwise for at this day upon a Judgment given for debt or damages in the Courts of Record at Westminster generally the moyety of all the Land that the Defendant hath tempore redditionis judicii or at any time after and all the Goods and Chattels he hath tempore Executionis or the day of the Writ awarded shall be subject and lyable to the Executionâ— and all these may be taken in Execution by the Sheriff into whose hands soever they be come Dyer 306.34 Co. 3.12 34 H. 6.45 The Ca. sa did not lye at the Common Law against any man for debt but in case of the King until 25 E. 3.17 Vide Co. 3. in Sir William Herberts Case How the Sheriff and his Officers are to perform their Office in doing execution the following Observations will shew 1. If the Sheriff have a Writ of Execution delivered to him and a Writ of discharge or Supersedeas come to the Sheriff but he hath not notice of it In this case he may serve
of London It is sealed with three Seals viz. the Seals of the Conusors the King and one of the Justices or else the Mayor and Recorder The Form of it is thus Noveritis c. me A.B. teneri C.D. in mille libris solvend eidem ad Festum sancti c. Et si defecero in solutione debitiÌ„ praedicti Volo Concedo quod tunc currat super me Haeredes et Executores meos meos Poena in Statuto Stapulae debit pro Mercandisis in eadem emptis recuperand ordinat et provis Dat. c. Or thus Noverint Universi per praesentes nos A.B. C.D. teneri et firmiter Obligari J.S. in mille libris sterlingor ' solvend eid J.S. aut suo certo Attornato hoc script ostend ' Haeredibus vel Executoribus suis in festo c. proxime futur post dat praesentium et si defecerimus in solutione debiti praedicti Volumus et concedimus quod tunc super nos et quemlibet nostrum Haeredes et Executores nostros poena in Statuto stapulae de debit ' pro Mercandisis in eâ—d emptis recuperand ordinat et provis Dat. c. Anno Regni c. Vide Stat. 23 H. 8.6 Cro. 1.326 Co. 2. Inst 678. There are divers other Recognizances taken and acknowledged before the Lord Chancellor Master of the Rolls and others as the Justices of the one and the other Bench Barons of the Exchequer Judges of the Circuits Justices of the Peace and Sheriffs some whereof are by the Common-Law and some by certain Statutes And amongst these some are without Seal and recorded onely and some are sealed and recorded also Some of them are in the nature of Bayl and some of them are given to the King and both these are of the nature of the former kind of Recognisances which we will not meddle with but onely those made to subjects and for the payment of money or the doing of some other thing by one subject to another wherein he that doth enter into the Statute or Recognisance is called the Conusor or Debtor and he to whom it is made is termed the Conusee For the better understanding of matters relating to those things we are to observe That the forementioned Statutes are much of the nature of a Judgment had upon a Suit in the Kings-Bench or Common-Pleas and therefore are called Pocket-Judgements 2. That if the Writing be not as good as a Statute it will not be good to any purpose for if void as a Statute it will be void as an Obligation Cro. 3.319.494 3. That a Statute first acknowledged shall be preferred before a Judgment after had So that if a man acknowledg a Statute and after confess a Judgment and the Land be extended on the Judgement the Conusee shall have a Scire facias to avoid the Extent upon the Judgment And yet a Judgment had in a Court of Record shall be preferred in case of an Executor before a Statute and the Executor is to satisfie the Judgment before the Statute And it is held per totam Curiam That be the Judgment first or last it must be first satisfied Co. 6.45 in Higgons Case Plowd 32. Pemberton and Bartons Case Co. 4. in Sadlers Case Dyer 80. 4. If one owe me a Debt upon a Statute and dye his Executor or Administrator must see me paid this debt before â—e pay any debt to a Subject upon a Bond or for Rent or upon a single or simple contract it must be paid next after Debts upon Judgement 5. All Statutes Merchant and of the Staple are to be brought to the Clerk of the Recognizances within four moneths and to be enrolled within six moneths otherwise they will be void as to purchasors 27 Eliz. cap. 4. 6. That a Statute or Recognisance if it be obtained upon an Usurious contract or of purpose to deceive men in the purchase of their Lands or for the obtaining of their just debts they will be void or voidable by this Cro. 2.67 425. 7. That if two do acknowledge a Recognisance or Statute of 1000 l. quilibet eorum in solido this will be joynt and several and the Conusee may have several Scire Facias's upon it And it is said that a special Recognisance may by express words bind the Lands of the Conusor in one County only Co. 2. part Inst 395. 8. If a Statute Staple be not sealed with the Seal of the party that doth acknowledg it yet it seems to be good enough for the Statute doth not require it But a Recognisance within the Stat. of 23 H. 8. cannot be good except the Seal of the party be to it for so are the words of the Statute by three Justices of the Common-Pleas Trin. 22 Jac. 9. If a Statute be made to two and one of them come with it he shall have Execution in both their names And it is the common course that any stranger that comes with a Statute may have Execution of it in the dame of the Recognisee And if after the death of the Recognisee a stranger come in his own name and shew the Statute he shall have Execution of it though as we said the Conusee himself come not in person 10. If the Conusor of a Statute Merchant or Staple c. be taken and he dye in Execution yet the Conusee shall have Execution of his Lands and Goods Or if the Conusor in Execution escape his Goods and Lands shall be taken and executed upon the Statute For the action given to the Conusee against the Sheriff for the Escape is not a satisfaction Co. 5.86 87. Fitz. 246. 11. A Writ of Extent was awarded in the time of Queen Mary returnable Quindena Martini the Writ executed by Inquisition in the life of the Queen but before the return the Queen dyed and yet it was returned and a Liberate granted in the time of the next Queen In this case it was doubted by the Court That the Extent was not well returned Dyer 205. 12. In a Scire facias upon a Recognisance Joynt-Tenancy is a good plea to abate the Writ and if it be upon a Judgment to have Execution it is a good barr that the Plaintiff hath assigned his damages to the King although the King have not levied So also it is a good barr to say that the Sheriff hath levied the money by Fieri facias albeit he hath not returned the Writ Moores Rep. 671 693. 13. If an Extent be sued by an Executrix upon a Statute made to her Testator and she dye before the Inquisition taken this Inquisition may as it seems be taken after her death and an Administrator de bonis non administratis of the Testator upon this Extent sued by the Executrix may have a Liberate and shall not need to begin again and have a new Certificate and a new Extent and Liberate Cro. 1.326 But this shall suffice as to those Particulars I will now shew you what is liable to
Execution upon a Statute or Recognisance and when and how Wherein take notice 1. That when a man doth enter into a Statute or Recognisance the Land of the Conusor is not the debtor but the Body And the Land is lyable onely in respect that it is in the hands of the Conuâ—or at the time of the acknowledging of the Statute or afterwards and the Land is not charged with the debt but chargeable onely at the election of the Conusee but the person is chargeable and the Land in respect of the person And therefore although the Conusor alien his Land to another yet he remains debtor still and his body and goods shall be taken in Execution Plow 72. 2. That the body of the Conusor himself but not the body of his Heir Executor or Administrator is lyable to Execution and may be taken although there be Lands Goods and Chattels to satisfie the debt 3. That all the Demesne Lands Tenements and Hereditaments corporeal and incorporeal of the Conusor that are grantable over as his Mannors Messuages Lands meadows Pastures Woods Rents Commons Tythes Advowsons and the like also his Goods and Chattels as Leases for years and all his Emblements Cattel Housholdstuff and the like and Wardships when they were in being are lyable to Execution upon a Statute But Annuities Offices in Trust Seigniories in Frank-almoigne Homage Fealty Right to Land things in action and such like are not liable to such Execution Co. 3.12 Plow 72. Co. 2.59 Litt. Sect. 318. Dyer 7.205 Co. on Litt. 174. Doct. Stud. 53. Co. 2. Part. Inst 397. 4. All the Lands Tenements and Hereditaments which the Conusor had at the time of the Recognisance entred into or at any time after in whose hands soever or by what means soever the same are come at the time of the Execution shall be subject and lyable to the Execution But the Lands which the Conusor had and did put away before the time of the Statute or Recognisance entred into are not lyable And all the Goods and Chattels the Conusor hath or are found in his hands at the time when the Execution is to be made by Extendi facias are lyable But the Goods and Chattels he had and did bona fide do away before the time of Execution done are not lyable to the Execution Co. 3.12 5. The Conusee upon other Recognizances shall have the same things in execution as a man shall have after a Judgment in a Suit in the Kings-Bench or Common Pleas by Fieri facias or Levari facias all his Goods and Chattels and by Elegit the moiety of his Lands and all his Chattels besides the Cattel of his Plow and Implements of Husbandry But in these cases he cannot take the body of the Conusor in Execution unless it be upon a new Suit or in case of Bayl in the Kings Bench. Plow 72. Co. 3.12 Dyer 306. In the next place I will shew you the Method how a Statute or Recognizance is to be executed and all the proceedings thereupon Wherein observe That Recognisances are of two sorts 1. Such as are usually taken in the Kings Courts of Record at Westminster 2. Such as are in the nature of a Statute staple by the Statute of 23 H. 8. The proceedings upon the Statute Staple and the Recognisance founded on the 23 H. 8. aforesaid in the execution thereof are in the same manner as the proceedings in the Statute Merchant which I mention hereafter but with these differences 1. Upon the execution of the Statute-Merchant there issues forth a Capias against the Body before any execution be made of the Lands or Goods and Chattels and the Lands and goods cannot be extended till a quarter of a year be past after the Body is taken or the Sheriff have teturned a Non est Inventus But upon the execution of the Statute-Staple and the Recognisance the Body goods and Lands may be taken altogether at once Then secondly Upon a Statute-Merchant one may have an Action of debt but otherwise it is of a Statute-staple And thirdly The Capias upon the Statute-Merchant may be returnable in the Kings-Bench or Common-Pleas but the Writ of Execution upon the other is to be returnable in Chancery F.N.B. 130 131. Co. on Litt 290. Fourthly That in a Statute-Staple presently after the Certificate into the Chancery the Conusee shall have a Writ to take his body and extend his Lands and Goods returnable in Chancery which is a Commission directed to the Sheriff of the County where the Goods and Lands lye for the valuing thereof whereby they shall be apprised at a reasonable rate by a Jury of sworn men impanelled by the Sheriff for that purpose which Inquisition returned by the Sheriff he may take and deliver the Lands and Goods to the Conusee To hold the same till he be satisfied of his debt and damages or if he refuse the Conusee may force him to it by a Liberate Dyer 180. Co. 4.67 The proceedings upon a Statute Merchant are That the Conusee may if he please bring his Statute to the Mayor Clerk or other Officer before whom it was acknowledged and there if they find the record of it and the day to be past for the payment of the money they are to apprehend and imprison the body of the Conusor if he be a Lay-person and can be found within their Jurisdiction And if he cannot be found then they are to certifie the Record into Chancery And this they may be compelled to by Certiorari if otherwise they refuse to do it And upon a Nihil returned upon a Testatum est he may have process into another County but otherwise it is of goods And if that Certificate be faulty or Execution be not done upon it by reason of the Conusees death or otherwise the Conusee or his Executor or Administrator may have another Certificate and thereupon he shall have a Writ of Capias out of the Chancery directed to the Sheriff of the County where the Conusor lives to apprehend and imprison him if he be not a Clergy-man and this to be returned into the Kings Bench or Common-Pleas And when the Conusor is taken he shall have time for a quarter of a year to make his agreement with the Conusee and to sell his Lands or Goods to satisfie him And to that purpose he himself may sell his Lands and Goods although he be in prison and the sale thereof will be good and lawful But if in that time he do not satisfie the Conusor or if upon the Capias the Sheriff return a Non est inventus then by another or divers Writs if the Lands and Goods lye in divers Counties called Extendi facias to all the Sheriffs of the Counties where he hath Lands whereby they shall be commanded to extend his Lands and goods and to deliver the goods to him and the Lands To hold to him and his heirs till the debt be levied or paid And this Act of the Sheriff
Original Deed. 14 H. 8.10 Broo. Estrange al fait 10. And yeâ— if a Statute be made to the Husband and Wife and the Husband alone joyn in making the Defeasance This shall be a good Defeasance Broo. Defeasance 3. 4. That it be made of a thing defeasible and so is a Judgment Statute or Recognisance and so it may be agreed to be upon payment of a less summe than that mentioned in the Statute or â—udgement or by the not disturbance of the execution of the Will of S or by the making of a good Estate in Land or the quiet enjoyment of Land bought or the like Fitz. bar 71.20 H. 7.24 21 H. 7.32 5. And it is best done before the execution of the Statute c. yet if the Defeasance of a Statute come after the Execution and be thus That if the Conusor pay so much money then the Statute shall be void It is best to adde these words in the Defeasance That then tho said Statute and the execution thereof shall be void Broo. Defeasance 7. And thus it seems a Defeasance may be after a Defeasance or one Defeasance after another and regularly in that case the last will stand Pasch 8 Jac. C. B. agreed Of an Audita Querela Audita Querela is a Writ lying where one is bound in a Statute Merchant Staple or Recognisance or where a Judgement is given only for debt or damages and the party in Execution for any debt or duty in any such case and he hath a release or some other sufficient discharge of all or part of the duty or some other matter to say in avoidance of the Statute or Judgment but hath no day in Court to plead it nor means to make use of it In this case he may have this Writ which is in the nature of a Commission to examine the equity of the case and give relief to the party in danger by the extremity like to befall him from the rigour of the Law in it Co. upon Lit. 290. Cro. 2.646 The proceedings herein are most properly in Chancery And there first by Venire facias with an Alias and as some say by Pluries upon a Nihil returned And if the Defendant do not then appear by a Distringas ad audiendum Judioium and upon default herein a Judgment is given And upon Bayl given to prosecute and stand to the Judgment he may have a Supersedeas to stay Execution But after Execution there goes a Scire facias and no Supersedeas may be had And this is not returned into the Chancery but where it is grounded upon a Record in Chancery as a Statute and the like And no man by this may get himself to be Bayled in case of a Habeas Corpus upon a bare surmise only but by proof of witnesses in writing Dyer 339. F. N. B. 104. Cro. 3. part 308. Broo. Aud. Quer. 41. Upon the Statute Staple the course is to have the Audita Querela to the Chancellor But upon the Statute Merchant it is to be directed to the Justices de Banco Dyer 332. In this Suit the Nonsuit or Default of any one of the Plaintiffs shall not hurt another Co. 6.25 This Writ will not lye upon a bare surmise onely Dyer 232. Cro. 2. 579 694. But it lyeth for the party himself against whom the Judgment is given and against whom the Statute is made or for his Heir Executor or Admioistrator or either of them upon whom the charge is come or coming If my Ancestor to whom I am heir hath entred into a Recognisance and the Sheriff after his death extend my Land or a Rent out of it I being within age by this Writ I may avoid the Extent so that by this the Infant may avoid not onely his own statute but also the extent of the Statute of his Ancestor Mores Rep. Case 121. If a Statute be taken by one that hath no power to take it and after the Conusor doth enfeoff a stranger of the Land and the Conusee sueth Execution on the Statute the Feoffee may have this Writ to avoid Execution Dyer 35. If an Obligee have a Judgment against the heir of the Obligor and his Land in extent and the Obligee assign away his Estate in it to a stranger and after the heir get a Release of this Judgment from the Obligee he may have this Writ against the Assignee Adjudged Pasch 7 Jac. B. R. Flowers Case Note An Audita Querela is not returnable in Chancery but in 〈…〉 it is grounded upon a Record in Chancery as a Statute c. And it seems none are to be baffled upon a Habeas corpus by Audita Querela upon a Surmise but it must be proved by writing In Trinity Term 14 Jac. B. R. One Pierce was brought in upon a Habeas Corpus and Surmise That Mosten had recovered in B. R. against Morris in debt upon a Bond had Judgment against Morris the principal and a Capias ad Satisfaciendum against him and after that another Capias against Peirce the Surety which came in upon Habeas corpus and brought an Audita Querela and surmised payment by the principal And Bayl was denyed him by the Chief Justice nullo contradicente This Remedy is given most properly where the Statute is not good as where it wants a Seal or the like for in cases where the Statute is good and the proceed in the execution of it is erronious onely there the relief is properly by Writ of Error Cro. 3.319 494. In all cases therefore where this remedy is given it is requisite that these three things be in the case 1. There must a charge or burthen come or coming upon him that is to have it 2. It must be such a charge or burthen as that whereof by Law he ought to be discharged and disburthened in all or in part 3. It must be in such a case as wherein he hath no other way to relieve himself And therefore it is used and had sometimes to avoid a Judgment and the execution thereof or to avoid a Statute or Recognisance As if a Judgment or Judgment and Execution be had against me and the Plaintiff in facto release me of the debt or I be released of it or of part of it by Law and yet he sueth Execution out against me for the whole I may have may relief by this way So if a Judgment be had against me and another for one debt and one of us is taken in Execution and after either of us get a discharge in fact or in Law of the debt both or either of us must have relief by this way Pasch 40 Eliz. C. B. Monke and Brown Co. 8.152 Plow 72. Dyer 50. If the Conusee of a later Statute extend Lands of the Conusor in one County having Lands in two Counties and after this the Conusee of a former Statute doth extend the moyety of the Lands in the other County onely the Conusee of the later Statute may have this action
245 Condition to pay money weekly 297 Condition to pay money in 3 years 298 Condition collaterall 299 Condition to pay money at ones returne from Sea 301 Condition to deliver wooll 302 Condition to renew a Lease when the Lessor comes to full age 303 Condition to gather Rents and give account thereof 304 305 Condition to bring an Inventory into the Prerogative Court by a day 307 Condition to assure mortgaged lands upon defect of redemption 308 Condition to acknowledg a Statute by a day 309 Condition not to meddle with an Executorship c. 310 Condition to procure a release and save harmless 311 312 337 Condition to release Dower 313 Condition that a man will suffer his wife to make a Will 313 385 Condition to marry one by a day c. 314 Condition to be a true Prisoner ibid. Condition to save harmless c. 315 333 338 502 Condition of a Factor to serve his Merchant c. ibid. Condition to pay use for Orphanage or Legacy-money 316 Condition for executing a Gaolership 317 339 Condition to reassure lands 318 Condition to find an Apprentice clothes 323 Condition not to be bound for any one 324 Condition to surrender land or pay money 325 Condition to keep the Peace ibid. Condition to pay money c. 326 327 Condition to recover a debt c. ibid. Condition to enjoy lands for non-payment of money 329 Condition upon an Attachment 331 Condition about payment of purchase-money 334 Copyhold lands demise thereof 358 Conditions of several kinds 383 384 647 648 649 Constables Articles to be observed by them 391 Condition to Replevy goods 438 Conveyance of land by 3. Co-heirs and their husbands 507 Covenant to deliver Evidences by such a time 525 Covenant to settle lands for natural affection 534 Condition of a Counter-bond 535 Condition to save harmless 581 582 D. DEed to justifie Actions upon setting over a Statute 30 Dower release thereof 45 Demise of divers lands c. paying a pepper corn yearly 108 Defeasance upon a Bond sued to Judgment 115 167 Defeasance to make void Statutes c. 123 Debt bill thereof 163 Defeasance upon a Statute 167 416 550 Defeasance upon a Mortgage 168 Deed of Settlement to several uses and in default c. as by Will or other writing shall be appointed 293 Debts assignment thereof c. 370 Declaration by a wife of the disposal of a sum of money according to a power reserved c. 375 Discharge to the Sheriff 388 Debts Conveyance for payment of debts 410 Demurrer and Plea form thereof 425 Deputation to a Bayliff or Receiver 644 Disease condition to cure it or repay the money 646 E. EXtent a grant thereof 40 Executor discharged from an Orphans portion in London c. 190 Executors covenant to discharge them from payment of Legacies to Nonage 192 Executors bound to diligence in executing a Will and to account 194 Extent assignment thereof 322 Executors Covenants between them 503 Executor condition to save him harmless 548 F. FIne Covenant to levy it 150 162 185 276 Fine uses thereof declared by Deed 269 Forma Pauperis certificate affidavit and Petition or the same 426 427 Feoffment with a Letter of Atturney 462 Fine uses thereof well declared 526 G. GRant of the reversion of certain Lands 22 Gift Deed of Gift 44 234 235 Goods in a Ship transport thereof 232 Observations upon a Deed of Gift 236 Grant of Lands in Fee in consideration of money and other Lands in exchange 551 Grant of the next Donation of a Benefice 655 H. DEed to save Harmless 6 I. JUdgment assignment thereof with a Letter of Atturney therein 12 139 173 Joynture an assurance thereof to a wife with remainder in tail 47 A Joynture with divers limitations and a Proviso for Revocation 76 Indenture to lead the use of a Fine 107 Indenture of redemise c. with Proviso c. 110 Joynture to the wife before marriage 128 220 Judgment condition to acknowledg satisfaction thereon 154 Joynture a deed thereof with uses 227 Inheritance conveyed by Deed c. 265 Indenture for equal division of goods c. 414 640 Indenture in lieu of Joynture 505 Indenture of Settlement well penn'd 541 L. LEase with extraordinary Covenants 4 Lease of a house and lands made in consideration of a sum the Fee-simple being in the Lessor 8 Letter of Atturney to receive one single debt 33 144 Lease in consideration of the surrender of a former with good Covenants 35 Lease of Tythes 43 Lease of a Fee-Farm c. with necessary Covenants 49 Letter of Atturney to enter upon lands and deliver a lease 55 56 145 202 Lease of divers lands c. with covenant to pay Heriots c. 71 Lease of lands by way of mortgage 92 Lease of a house in London 112 Lease to try a Title 129 387 Lease of a house and lands in the Country 209 Lease of a Warren of Conies 354 Licence to Hawk Hunt and Fish ibid. Lease of Cole-Mines 355 Letters of Licence 356 371 373 458 Lease of goods levied by the Sheriff 360 Lease of lands in Barbadoes 361 Lease from a Company 363 Lease from a Parson and Church-wardens with a Covenant for building c. 364 Lease from a Town or Corporation 365 Lease for 3. lives with Letter of Atturney c. 367 519 Livery of Seisin Memorandum thereof 413 490 Lease of a Mill 434 Lease for a year 452 Lease of a side of a Shop c. 459 Lease in trust 493 495 Lease of Lands with Exception of Woods 514 Lease forfeited upon a Mortgage assignment thereof 517 Lease to be void on payment of c. 583 Lease of a Ferry 588 Lease to three whereby every one is to pay bear and receive equally 641 M. MOrtgage assignment thereof 14 Mortgage for indempnity of Sureties 15 Maâ—â—mony pretended contract thereof revoked 97 Mortgage of Lands upon money c. 101 Marriage condition concerning it 163 Mortgage confirmation thereof 469 Marriage Lands setled to uses thereon and a fine levied to those uses 471 473 Mortgage deed thereof 476 Mannor Conveyance thereof 479 Marriage Indenture to stand seised to uses in consideration thereof 567 N NOnsuit condition to pay money thereon 162 O OBligations Assignment of two Severall ones 52 Obligation covenant to deliver it 185 Covenant to discharge it by a day 328 Obligation single from one to one 437 From two to one ibid. From three to one 438 Obligation and Condition from a bayliff and his Suretyes to a High-Sheriff 578 P PRoviso to make a demise void and a Covenant to grant a a new Lease 54 Partition Indentures thereof 116 389 639 Protection in Parliament time 172 Protection revoked 208 Partition of debts between partners 24â— Partnership deed thereof between four Merchants 398 Plea and Demurrer 425 Forma pauperis Certificate and affidavit thereof 426 Presentation of a Minister to a Living 446 Parsonage a Lease thereof 447 461 462 Park Keepership thereof granted 643 R
and upon the said several Writs of Entry Sur disseisin en le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and Premisses before mentioned and of every part and parcel thereof with the Appurtenances And that full Execution and Seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the execution of the said Recoveries stand and be seized and be adjudged deemed and esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their Appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such Issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth further Covenant promise and grant to and with the Right Honourable E. Lord G. and I.S. their Heirs and Assigns and to and with every of them by these presents in manner and Form following that is to say That he the said C. Lord. S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and Premisses and of every part and parcel thereof with the Appurtenances of a good sure perfect lawful and indefeasible Estate in Fee-simple or in Fee-tail to himself and the heirs of his body without any Reversion or Remainder of the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat determine or make void the same And that he the said Lord S. hath full power good right and lawful and absolute authority in his own proper right by these presents to raise limit and appoint all and every the foresaid several Uses and Estates before mentioned and that all and singular the Premisses and every part and parcel thereof with their and every of their Rights Members and Appurtenances now are and be and so from time to time and at all times for ever hereafter shall and may continue stand remain and be to all and every the several uses intents and purposes before in and by these presents limited expressed appointed and declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended and kept harmlesse of and from all and all manner of former and other Gifts Grants Bargains Sales Leases Estates Joyntures Dowers and Titles of Dowers and of and from all Rents and Arrerages of Rent-Annuities and Arrerages of Annuities Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Fines Forfeitures Issues Amerciaments Intentions Principal Seizins Liveries Wills Entails Limitations of use or uses and of and from all other Titles Troubles Arrerages Charges Claims Demands and Incumbrances And the said C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth likewise further Covenant promise and grant to and with the said E. Lord G. c. their Heirs and Assigns and to and with every of them by these presents That he the said Lord S. and his Heirs shall and will from time to time and at all times hereafter within the space of seven years next ensuing the date of these presents at and upon every reasonable request and at the only proper costs and charges in the Law of the said Lord S. and his heirs further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered all and every such further and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assuring surety and sure-making setling and conveying of the said Mannors c. premisses and of every part and parcel thereof with the appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof in and by these presents limited expressed appointed and declared be it by Fine or Fines Recovery or Recoveries with single double or more Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrollment of these presents or by any other wayes or means whatsoever as by the said E. Lord G. and I. S. their Heirs and Assigns or by any of them or by their or either or any of their Council learned in the Law shall be reasonably advised devised or required And finally The said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God to be had and solemnized between him the said C. Lord S. and the said D.L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself his heirs and assigns and for every of them Covenant promise grant and agree to and with the said E. Lord G. and I. S. their Heirs and Assigns and to and with every of them by these presents That he the said C. Lord S. and his Heirs and all and every other person or persons that now be or which hereafter shall stand or be seized of any Estate of Inheritance of the said Mannors Lands Tenements and Premisses or any part thereof shall and will stand and be