Arcana Clericalia or The Misteries of Clerkshipp As to the Sure Settlements of Estates by Deeds Fines Recoveries â—â— With the Formes of all manner of Charterparties in Maritime Citties Townes and Corporations by George Billinghurst of Grayes Inn Esq Printed for H. Twyford in Vine Court in the Middle Temple Arcana Clericalia Or THE MYSTERIES OF Clarkship BEING A sure way of Setling Estates By DEEDS FINES and RECOVERIES With the Forms of all manner of Charter-Parties in Maritime Cities Towns and Corporations WITH A TABLE of all the Principal matters therein contained By George Billinghurst of Grayes-Inne Esq LONDON Printed for Henry Twyford in Vine-Court Middle-Temple 1674. TO THE Practitioners and Students OF THE Common LAW OF ENGLAND Especially such as would be throughly Acquainted with Conveyancing WIthout the least Flattery to the Memory of our deceased Author I may boldly say His indefatigable Labours need not be usher'd into the World with studied Eulogyes And I doubt not but you will concur with me in the same Opinion when you have perus'd this Book and confess his own Labours to be his greatest Commendation Touching the Subject matter it contains the several Forms of Settlements of Estates to Uses with power for Cestuy que use for Life and in Tayl to make Joyntures Leases and Grants of Rents Likewise the Forms of Limitation of Uses for Years for payment of Debts discharge of Sureties and raising of Portions for Younger Children It also treats of Limitation of Uses in Fee for the Lands to be sold to pay Debts c. With several forms of Revocation of Uses and limitingVses de novo and of Covenants with other Incidents to the like Conveyances Besides these there are other most useful Presidents relating to Merchants and Traders Affairs fit for all Maritime Cities Towns and places of Trade The whole Work is so Methodically digested by the Author that any Person who is not a meer stranger to the Law may make great use and advantage thereof and speedily and readily find any particular matter therein contained As to the Author I shall only say thus much in general of him viz. That Hâ—spent a considerable time in the study of the Law at Grays-Inne and being unwearied in searching after all opportunities to improve his knowledge He at length was call'd to the Barr and gain'd in a little time the Vogue of being a profound and judicious Counsellor His Apprehension was alwaies quick his Judgment deliberate solid and not wavering of a clear discerning faculty his Memory sound and his Patience the truest index of a Wise man alwaies commanded his Passions in short He was a Person of exquisite natural and acquired Parts and that which much contributed to the latter was his great Moderation and Temperance whereby his study and business glided in their delighted Channels uninterrupted Being at length wearied with Business he retir'd into the Country where having finish'd this Elaborate Work he dyed Since whose death his Manuscript being left to the Guardianship of a Friend and committed into my hands in order to be made Publick for the further advantage of such as would be perfect in the setling of Estates I have hereunto added the Learning touching Fines and Recoveries hoping the Ingenious will be moderate in their Censures And if I have in this done any thing to your Advantage it will answer the pains of him that is Your Servant W. B. An ANALYSIS of the whole Art of Conveyancing Deeds are either Indented of two parts three parts or more or Poll in 1st Person or 3d Person And consists of Grants which are Constitutive or Creating what was not before as The first Grant of A Way A Rent Estate Tayl for life for years Warranty c. And are Absolute or Conditional or Conveying whereby Estates already made are conveyed to others or Discharges and are Remissory or Liberatory which releaseth or dischargeth something in being as Releases Defeazances Acquittances Ordinary Deeds by which Lands usually pass are Feoffment Bargain and Sale Gift or Grant Lease Assignment Exchange Surrender Confirmation Release Indenture to lead uses of Fines or Recoveries Covenant to stand seized to uses Revocation and new Declaration All or most of which have formal and orderly parts viz. 1. The Premisses unto the Habendum including 1. Grantor 2. Grantee 3. Thing granted By apt and proper Names and descriptions Which are certain in themselves or Which by reference may be reduced to a certainty 4. Exception by the words Excepted Excepting Besides Saving Save only c. Which must be 1. A Particular out of a General 2. Part of what is granted not all 3. That which may be severed from the thing granted and not an inseparable incident thereto 5. Recital of something antecedent 2. The Habendum whose office is to set down 1. The Grantee and 2. Certainty of Thing Estate and Life granted and to what use 3. The Reddendum which reserves some new thing to the Grantor c. And is usually made by the words Yielding Paying Doing Reserving Finding c. And reserves what was not before or Abridges the Tenure of what was before 4. Warranty 5. The Covenants containing the terms of Granting and Holding being either Real or Personal And Inherent or Collateral And must contain things to be done Lawful and Possible 6. The Conditions which are Precedent or Subsequent To the Estate and are Affirmative Negative Collateral Inherent Restrictive Compulsory Single Copulative Disjunctive And make the Estate whereto they are annexed Void without or Voidable by Entry or Claim Or tend to make and enlarge or destroy or Clogg Estates 7. The Conclusion To the making of a good Deed are required 1. Legible and formal Writing in Paper or Parchment before Sealing and Delivery 2. Capable Persons not disabled by Law as Donors that are Persons attainted of Treason Felony Premunire Infants Madmen Idiots Femes Covert Aliens Deaf blind and dumb from Nativity Except in several special cases and things Donees as Monks Fryers c. 3. A thing to be granted and passed 4. By proper and sufficient Names and descriptions of 1. Grantor 2. Grantee 3. Thing Granted Which must be grantable In its own Nature and And by him that grants it And is either ☞ Corporeal and Immovable as Houses Lands Woods c. And are grantable in Fee Tayl for Life Years c. And assignable from man to man Or Incorporeal as Rents Services Advowsons Presentations Reversions Remainders Offices Licenses Franchises Commons c. Whereof some are 1. Grantable at their first Creation but not assignable after as Great Offices of Trust Judicial Offices Licenses Authorities c. 2. Assignable always 3. Intirely but not in part 4. Intirely or in part 5. To any Body 6. But to special Persons 7. Something 's incident to others not grantable without the things to which they are incident Or Chattels either Real as Leases for years present or to come Extent c. or Personal as Oxen Horses Plate
taken to lead drive bear carry away detain and keep until she or they shall be of the said Rent and Arrears thereof if any shall be fully satisfied contented and paid 7. Provided always and it is likewise further Another to settle Lands in certain with reservation of a Rent to be paid by the Wife Covenanted granted and fully agreed by and between the said Parties to these present Indentures for them and their heirs by these presents That it shall and may be lawful to and for the said A. B. by any Writing Indented by him seal'd and duly executed to assign limit and appoint the said capital Messuage or Mansâ—on House of B. aforesaid and the Lands thereunto belonging with the Appurtenances to the use of the said E. B. his now Wife for Term of her natural life reserving and appointing by the said Indented Writing the yearly Rent of Ten pounds of lawful moneys of England to be paid for the same from and after the death of the said A. B. yearly during the life of the said E. B. at Two usual Feasts or Terms of the year by equal portions at the said Capital Messuage of B. aforesaid to the said C. B. the Son of A. B. and the heirs males of the body of the said C. B. lawfully begotten or to be begotten and after to such person and persons as by the limitation herein before set forth shall have the said House and Lands the first Payment thereof to begin at such of the said Feasts as shall first happen after the decease of the said A. B. And that from and after such limitation or appointment so had or made the said Assurances and Conveyances shall be and the said C. D. E. F. c. and their heirs and the survivors and survivor of them and his and their heirs shall stand and be thereof seised to the only use and behoof of the said E. B. and her Assigns according to such limitation as shall be so had or appointed so that the said E. B. and her Assigns do pay or cause to be paid yearly during Use limited after the particular Estate ended her life the said sum of Ten pounds in manner and form before mentioned expressed and appointed and from and after the death of the said E. B or of the determination of her Estate or use therein by any ways then to the use of the said C. B. and of the heirs males of his body lawfully begotten or to be begotten and after to the use of such Person and Persons and in such â—anner and form and with all such Remainders Over-Vses and Limitations and under all and every such Conditions and Provisoes as the same should have been if no such Assignment Appointment or Limitation by force of this Proviso had been thereof made or appointed 8. Provided always That it shall and may Another more brief be lawful to and for the said A. B. from time to time during his natural life by his sufficient Deed or Deeds in writing or by his last Will and Testament in writing to give grant devise lease limit dispose or appoint to and for the use and benefit of any Wife or Wives whom the said A. B. shall happen to marry for the Term of her natural life for a Ioynture such and so much of the said Mannors Lands Tenements and Hereditaments as to him shall seem meet not exceeding one third part in value of the whole and that in every such case the said C. D. and E. F. and the survivor of them his and their Heirs and Assigns shall stand and be seised of such of the said Mannors Lands Tenâ—ments and Hereditaments as shall be so given granted devised leased limited or appointed to the use of such Wife or Wives for and during the natural life of such Wife and Wives and for and during such Estate and Estates as shall be so given granted devised leased limited or appointed in manner and form aforesaid and under such Covenants Conditions and Provisoes as in such Writing or last Will shall be contained and expressed and after the end or determination of such Estate or Estates to the use of such Person or Person to whom the same ought to be and remain by the true intent and meaning of these presents 9. As to for and concerning the said Mannor Another Proviso for future Wives by way of limitation of Use or Farm of B. to the use of the said C. B. for and during the Term of his natural life without impeachment of or for any manner of waste and from and after his decease to the use and behoof of the said E. B. his Wife for and during her natural life for her Ioynture c. and from and after the decease of the said C. B. and E. B. for and concerning the said Mannor or Farm or so much of the same as the said C. B. shall at any Time or Times during his life by one or more Writing or Writings under his Hand and Seal seal'd and executed in the presence of three credible Witnesses limit and declare for a Ioynture for such other Wife as he shall have at the time of his decease to the use of such Wife for and during her natural life for her Ioynture And for and concerning the residue of the said Mannor or Farm not so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife And for and concerning so much of the said Mannor or Farm as shall be so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife and from and after the decease of such other wife as the said C. B. shall have at the time of his decease to the use and behoof of the first Son of the body of the said C. B. lawfully to be begotten and of the heirs Males of the body of such first Son lawfully to be begotten c. to the tenth Son and the Heirs of the body of such tenth Son lawfully to be begotten And for want of such Issue to the use and behoof of all the Daughters Use to Daughters of the body of the said C. B. lawfully begotten and to be begotten and of the several and respective Heirs of the bodies of such Daughters lawfully begotten or to be begotten c. 10. Provided alwaies and it is fully Covenanted Pâ—wer givâ—n to cestuy que use for life to make Leases concluded and agreed by and between all the said Parties to these presents for them their Heirs and Assigns That it shall and may be lawful to and for the said A. B. And that the said A. B. shall have power and authority from time to time and at all times hereafter at his will and pleasure during the term of his natural life by his Deed or Deeds in writing to demise grant and to farm let all or any the said Messuages Lands Tenements and Hereditaments
aforesaid And for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 3. Provided always That it shall and may Power for Tenant for life to make a Joynture be lawful to and for the said A. B. at any time or times hereafter during his natural life by his Deed or Deeds in his life time lawfully executed to assure appoint limit and convey to any lawful Wife or Wives which the said A. B. shall hereafter fortune to Marry in case he survive the said E. F. for term of the life onely of such Wife or Wives for or in the Name of the Joynture or Joyntures of such Wife or Wives one full third part or less or so much as shall amount to a full third part of all the said Messuages Lands and Premisses And also that it shall and may be lawful to and for the said A. B. To convey Rents to younger Sons during the term of his natural life by any Deed or Deeds in writing under his Hand and Seal or otherwise by his last Will and Testament in writing to grant assure limit devise and convey to every or any the younger Sons of the said A. B. of his Body lawfully begotten or to be begotten for term of the life or lives of such younger Son or Sons such yearly Rent charge or Rents charge with a Clause of Distress for every such Rent as unto the said A. B. shall be thought meet and convenient to be yearly issuing and going out of all and every the said Messuages Lands c. or any part of them from and after the decease of the Survivor of them the said A. B. and E. his wife so that the said Rent or Rents so to be granted limited or devised as aforesaid do not exceed the sum of sixty pounds per annum in the whole 4. And further that it shall and may be To make Leases to younger Sons lawful to and for the said A. B. at any Time or Times during his natural life to make any Lease or Leases unto every or any of his younger Son or Sons for the Term of one and twenty years or under in Possession or Reversion of all or any the said Messuages Lands c. whereof the said Fine or Fines before mentioned is Covenanted to be levyed by the said A. B. or any part or parcel thereof the said Lease or Leases to commence immediately from and after the decease of the Survivor of them the said A. B. and E. his wife charged and chargable nevertheless with such Rent and Rents sum and sums of Mony or payments as before or after in these presents are appointed declared or limited to be had levyed or issuing out of the Premisses or any part thereof in such sort as in these presents is mentioned and declared so that the same Lands Tenements and Hereditaments so to be Demised or Leased to any of the said younger Sons do not exceed in the whole the yearly value of c. per annum over and above the Rent or Rents reserved upon such Lease or Leases and so as upon every such Lease and Leases so to be had and made as aforesaid the old and accustomed yearly Rents Customs and Services be reserved to be yearly payable and done during the continuance of every such Lease and Leases at the Days and Times formerly used And so that the same Lease and Leases or any of them to be made as aforesaid be not without impeachment of Waste Here may be another Proviso to impower him to grant Rents to Servants c. 5. * The Fines to be and inure for payment of the Rents and advantage of the Lessees And it is Covenanted granted concluded and agreed by and between the said Parties to these presents That the said Fine and Fines so to be levyed and had as aforesaid shall be and inure and that the said C. D. and E. F. and their Heirs and the Survivor of them and his Heirs shall stand and be seized of all such Lands Tenements and Hereditaments parcel of the said Premisses which shall by vertue of these presents be limited or appointed to be charged with any Rent or Rents sum or sums of Mony or payments to any Person or Persons or which shall hereafter be Granted Leased Demised or Charged according to the intent and true meaning of these presents and according to the power liberty and authority hereby given permitted and allowed as well to the use of such Person or Persons to whom any parcel of the Premisses in these presents mentioned shall be hereafter so limited appointed demised leased granted or conveyed of such Estate and Estates and for such Term and Time as the same shall be pursuant to the said authority hereby given to be limited appointed eased granted or conveyed and under the Covenants Charges Conditions and Agreements in such Lease or Leases Deed or Deeds to be contained As also to the use and intent that every Person and Persons to whom any Rent yearly sum or payment shall be hereafter granted limited appointed or devised according to the true intent and meaning of these presents and according to the power liberty and authority allowed or given in and by these presents shall and may have receive levy and take the same and likewise distrain for such Rent and Rents sum and sums of Mony as shall fortune to be behind and not paid according to the intent and true meaning of these presents and of the several Grant or Grants Limitation or Limitations Devise or Devises Appointment or Appointments of for or concerning the same to be had or made pursuant to the power and authority hereby given as aforesaid c. 6. This Indenture tripartie c. Between The Uses declared upon a Recovery and Fine already had and levied A. B. on the first part C. D. on the second part and E. F. and G. H. on the third part Whereas the said E. F. and G. H. in the Term of Easter last past did by Writ of Entry sur disseisin en le post recover against the said C. D. all those the Mannors of A. B. C. c. and Thirty Messuages Twenty Gardens one Thousand Acres of Land c. prout en le Recovery as in and by the said Recovery remaining of Record in his Majesties Court of Common Pleas at Westminster relation being thereunto had more fully and at large it doth and may appear And whereas c. recite also the Fine if any be Now witnesseth this present Indenture That the true intent and meaning of the said A. B. and of the said Recoverors and parties to the said Recovery and also of the Cognizees of the said Fine and parties to the said Fine before and at the several and respective time and times of the suffering of the said Recovery and acknowledging and levying of the said Fine for touching and concerning the said Mannors Lands Tenements Hereditaments and
upon this further Maintenance allowed to the Daughters until Portions paid trust and confidence and to the end intent and purpose that the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors and Administrators shall out of the Rents Issues and Profits of the said Mannor of B. c. and Premisses so to them limited for raising of Portions no aforesaid with their and every of their Appurtenances levy and pay or cause to be levyed and payed to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Fifty pounds per annum and if there be two or more Daughters the sum of Thirty pounds per annum a piece until such Daughter or Daughters respectively shall attain to her or their Age or Ages of Eighteen years or shall be Marryed and her or their Portions payed as aforesaid 17. Provided always and it is the true intent and meaning of these presents and of all If A B. die without Daughters the limitation for years to cease the Parties hereunto That if the said A. B. shall happen to depart this life without any Issue Female of his Body upon the Body of the said E. begotten or without leaving the said E. with Child of one or more Daughter or Daughters that shall be born alive That then the Estate so limited as aforesaid to the said C. D. E. F. and G. H. for one and twenty years shall cease determine and be utterly void Provided also That from and immediately after such After the Portions raised the Estate limited for years to cease time or times as the aforesaid C. D. E. F. and G. H. their Executors or Assigns shall or might have levyed and raised the said several sums for Portions and present maintenance of such Daughter and Daughters as aforesaid that then the said Estate for years limited to them in trust as aforesaid shall cease determine and be utterly void And the said Mannor of B. and all and singular other the Premisses so to the said C. D. E. F. and G. H. limited for years in trust as aforesaid shall immediately go and be to such Person and Persons to whom the Reversion or Remainder of the Premisses shall belong and appertain 18. Provided always and upon this further The limitation to Wife as to a 5th part to be altered upon her second Marriage Condition and to the further use intent and purpose That if the said A. B. happen to depart this life leaving one Son or more of his Body on the the Body of the said E. lawfully begotten And the said E. do him survive and do afterwards intermarry or take another Husband That then from and immediately after such Marriage as aforesaid As for and concerning one fifth part of the said Mannor of A. c. the whole in five parts being divided before in and by these presents limited and appointed or mentioned to be limited and appointed to and for the Ioynture of the said E. the use and Estate thereof limited and appointed as aforesaid to the said E. shall cease determine and be utterly void and that then and from thenceforth the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Heirs and Assigns shall stand and be seized of the said fifth part of the said Mannor of A. c. immediately from and after the said intermarriage to the use and behoof of the said Son or of the eldest Son in case there be more for and during the term of the natural life of the said E. Any thing herein before contained to the contrary thereof in any wise notwithstanding Here may be added a Covenant to alter the use to the Wife in case of Usual Covenants her suit for Dower vide Sect. 13. in this Chapter and also Covenants that A. B. is seized in Free and hath authority to assure the Premisses to the uses before and to make further assurance vide Chap. 14. and also a Power to A B. to revoke all the uses except what is limited to his Wife vide Cap. 11. 19. This Indenture c. Between A. B. on A Rent setled on the intended Wife for satisfaction of Dower Consideration the one part and C. D. and E. F. on the other part Whereas a Marriage is by the grace of God to be shortly had and solemnized between the said A. B. and E. D. Daughter of the said C. D. Now witnesseth this present Indenture that for the absolute and perfect Ioynture of her the said E. D. in case the said Marriage take effect and for and in recompence barr and full satisfaction and discharge of all and singular the Dower or Title of Dower which the said E. D. shall or may have or lawfully claim of in or to the Lands Tenements or Hereditaments of the said A. B. he the said A. B. hath given granted enfeoffed and confirmed and doth by these presents give grant enfeoff and confirm unto the said C. D. and E. F. their Heirs and The Feoffment Assigns for ever All that c. To have and to hold the said Messuage Lands Tenements and Premisses and every part and parcel thereof with their and every of their Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever To the uses intents and purposes hereafter mentioned that is to say To The uses to charge the same with a Rent the use end and intent that the said E. D. in case the said Marriage take effect may immediately from and after the decease of the said A. B. if she happen to survive him have perceive and take out of the said Messuage Lands Tenements and Premisses for term of her natural life One annual Rent or yearly sum of One hundred pounds per annum of good and lawful Mony of England at two days or Feasts in the year that is to say At the Feast of Thâ—â—nnunciation of St. Mary the blessed Virgin and the Feast of St. Michael Thâ—archangel by even and equal portions the first payment thereof to begin at such of the said Feasts as shall next and immediately happen from and after the decease of the said A. B. To have perceive and enjoy the said Annuity or yearly Rent of One hundred pound per annum from and after the decease of the said A. B. unto the said E. and her Assigns for and during the term of her natural life the first payment thereof to begin as aforesaid 20. And further to this use intent and purpose That if it shall happen the said Annuity Clause of Distress or yearly Rent of One hundred pounds per annum or any part thereof to be behind or unpayed after either of the said Feast Days whereon the same ought to be paid as aforesaid That then and from thenceforth it shall and may be lawful to and for the said E.
or touching the rebuilding of the City of London and of and from all such Actions Suits Charges troubles and damages which he the said A. B. his Executors Administrators or Assigns may happen to incur or be put unto or sustain for or by reason thereof 28. In consideration of which said Work Payment for the Building Materials and Buildings to be done and performed in manner and form aforesaid the said A. B. for himself his Executors Administrators and Assigns doth Covenant and promise to pay and satisfie unto the said C. D. and E. F. their Executors Administrators and Assigns after the rate and price of sixty four pound the square for every square of the said Building the said money after the rate aforesaid to be paid as followeth that is to say When the Floor over the said Cellar is laid fifty pound thereof when the next Floors up one pair of Stairs are laid fifty pound more thereof when the next Floors over that up two pair of Stairs are laid fifty pound more thereof c. as to the rest and when all the said Work and Building shall be wholly done and finished in all things according to the true meaning of these presents all the remaining money that shall be due for the same at the rate of sixty four pound the square as aforesaid In witness FINIS A Table of the several Chapters and Sections contained in this Book CHAP. 1. Observations touching Conveyances in general Sect. 1 2 3 4 5 6 7 8 9. Chap. 2. The forms of setting forth the Grounds and Considerations of a Conveyance or Settlement c. Money in part paid and in part secured Sect. 1. Barring an Estate Tayl Sect. 2. Natural life Preferment of Children Sect. 3 4. Settlement on collateral Heirs Sect. 5. A Marriage to be had and settlement of a Joynture Sect. 6 7. Performance of an Agreement Sect. 8. Payment of Debts Sect. 9. Chap. 3. Containing several Covenants To levy a Fine by Husband and Wife Sect. 1 2. By several Persons severally interessed Sect. 3. In the County of Lancaster Sect. 4. Of Chester and Lancaster Sect. 5. In ancient Demesn Court Sect. 6. With a Render for years Sect. 7. With Render of a Rent Sect. 8. A Fine sur concessit Sect. 9. To sue forth a Recovery with double Voucher Tenant of the Precipe being made by Fine Sect. 10. By Bargain and Sale Sect. 12 13 14. A Recovery of Lands in several Counties Sect. 15. A Recovery in London Sect. 20. In ancient Demesn Court Sect. 21. A Recovery with single Voucher Sect. 16 17. By a Man and his Wife Sect. 18. By Tenant for life and be in Reversion Sect. 19. To make Assurance of Lands Sect. 23. That Tenants shall Attorn Sect. 24. To produce Writings in defence of the Title Sect. 25. To pay back Purchase-money upon Eviction Sect. 26. To pay back the Purchase-money paid in case the Purchaser dislike c. and if he like then to pay more Sect. 27. Not to claim Dower with a Release of Dower Sect. 28. The form of Covenants joyntly and severally Sect. 29. By Baron and Feme Sect. 30. Chap. 4. Provisoes to make void Estates Vpon Non-payment of Purchase-money Sect. 1. Vpon discharge of a Surety Sect. 2 3. To make void a Rent-Charge upon payment of money Sect. 4. To abate part of an Annuity upon money paid Sect. 5. Chap. 5. The forms of introducing Vses upon Fines Recoveries and other Conveyances Vpon a Fine to be levied Sect. 1 2 3. Vpon a Fine already levied Sect. 4. Vpon a Recovery to be had Sect. 5 6 12. Vpon a Recovery already had Sect. 7 8 10 11 12 13 14. A Release of Errors in the Recovery Sect. 9. Vpon a Fine and Recovery to be had the Fine being of one thing the Recovery of another Sect. 15 16. The like upon Fine and Recovery already had Sect. 17. Vpon a Fine Recovery and other Conveyances to be had Sect. 18. Vpon a Feoffment past and executed Sect. 20 24. Vpon a Covenant to stand seised Sect. 21. Vpon a Bargain and Sale and Grant of the Reversion Sect. 22. Chap. 6. The several forms of indorsing Livery and Attornment Sect. 1 2 3 4 5 6 7. Form of Attornment by Deed Sect. 8. Chap. 7. The several forms of limitation of Vses For Life For Lives of Husband and Wife and longer liver Sect. 1. To Husband for life after to Wife for life for a Joynture Sect. 2. With Proviso to make the limitation to her void upon her claim of other Lands Sect. 3. Vpon parting with her Estate Sect. 4. For years Vse for years determinable upon life Sect. 5. Vse for years to pay Daughters Portions Sect. 15. In Tayl to 1 2 3 c. Sons in remainder after an Estate for life remainder to all other Sons in Tayl according to seigniority c. Sect. 6. Another to Sons already born by name in Tayl with like remainder Sect. 7. To the Father for life remainder to Son for life remainder to Sons Wife for life in satisfaction of Dower the remainder to their 1 2 3 c. Sons in Tayl remainder to the several Sons of the Grandfather in Tayl remainder to the Heirs of the Body of the Grandfather remainder to Grandfathers right Heirs with a Proviso to preserve Estates in Tayl to Children en ventre sa mere Sect. 8 9. To the use of A. B. and Heirs Males of his Body remainder to C. B. his Brother and Heirs Males of his Body with like remainders to his other Brothers remainder to the right Heirs of A. B. Sect. 10. Other limitations in Tayl with remainder to the Heirs Males of the Body of Feoffors Father remainder to the Heirs Males of the Body of Feoffors Grandfather remainder to the right Heirs of the Feoffor Sect. 11. An Vse to the Heirs of the Body of the Wife by the Husband begotten with remainder over to the Husband Sect. 13. In Fee determinable upon a Marriage had Sect. 12. An Vse limited to one until the Heir in Tail come to full age in case the Father die while he is within age and after to the Heir Sect. 13. Another with direction for disposing the Profits in the mean time Sect. 14. The form of a limitation to preserve contingent Vses in case the particular Estate determine before they come in Esse Sect. 15. Contingent Vses Sect. 16. Chap. 8. Power given to cestuy que Use for life to make Joyntures Leases c. To make Joyntures to future Wives Sect. 1 2 3 4 5 6. To settle Lands in certain upon a future Wife for life reserving a Rent Sect. 7. The like of a third part without Reservation Sect. 8. Provision made for future Wives by way of limitation of Vse Sect. 9. To make Leases for lives or years determinable upon lives or for 21 years with or without reservation of Rent Sect. 10. To make Leases for such Terms and under such Rent as Lessor pleaseth Sect.
c. 5. True Reading or declaring to a blind or illiterate Person if required 6. Sealing and Delivery by the maker or his Authority Absolutely and positively to or to the use of the Party or Conditional and as an Escrow to another 7. To an honest end and not by unlawful Contract or made by Force or Fraud 8. Due Ceremony as Attornment Livery of Seisin Intolment A Deed when well made read sealed and delivered may be void or voidable when got by Force Fraud Corrupt agreement Or may be mar'd by Rasure Interlining Addition Breaking the Seal Defacing Judgment of Court c. Arcana Clericalia OR The Mysteries of Clerkship Containing the Forms of Settlement of Estates to uses with power to make Joyntures Leases Grants c. The First Part. CHAP. I. Some Observations taken out of our late Reports and Books touching the Law of Conveyances in general 1. A Bargains and sells to B. a Mannor Fine joyned with other assurances extinguisheth not a condition c. and Covenants to suffer a Recovery and levie a Fine for better assurance of the Mannor and that all Estates assurances and conveyances after to be made of the said Mannor should be to the uses in the said Indenture c. And in the said Indenture there is a Proviso that B. the Bargainee shall do such an Act c. And it was resolved that this Proviso amounts to a condition in Law to defeat the whole Estate and although A. and B. after levied a Fine to a third Person in reference to the Covenant aforesaid yet it was resolved that the Fine did not extinguish the said condition for it was as an assurance and was to be guided by the Indenture Cook lib. 2. 72 73. Lord Cromwels case vide Dyer 157. pag. 28 29 30. 2. Also it was resolved in the said Cromwells case Several conveyances c. do make but one assurance in Law fo 75. a. that the said bargain and sale and Recoverie and Fine although made suffered and levied at several times do make but one assurance in Law of the Mannor according to the same original bargain and contract and every of them tend to perfect the said Bargain and Sale and none of them to destroy any part of it or to subvert the true intent of the Parties As if a man makes a Lease for life of Lands in several Counties and first makes livery in one County and divers daies after maketh livery in another County yet the Rent reserved upon the Lease shall issue out of the Lands in both Counties although the livery by which the estate passed was made at several times And therefore it might be objected that presently upon the first livery the Rent should issue out of it but the Law shall not judge by parcels in subverting of the intent and agreement of the Parties but after all the Acts are done in performance of the original contract and agreement of the Parties the Law shall adjudge upon all as executed at the same time So if one make a deed of Feoffment with warranty and deliver the deed to the Feoffee and after at another time maketh livery secundum formam Charta yet the warranty is good although when the deed was delivered no estate passed to which the warranty might be annexed yet notwithstanding praxis juris pâ—â—storum is to be observed Et qui rationem in omnibus quarunt raâ—ionem subvertunt Cook l. 2. 75. a. Conveyances to be so construed that they may take effect 3. A Conveyance shall have such construction that it may take effect ut res magis valeat quà m pereat If Tenant for life and he in Remainder or Reversion joyn in a Feoffment by deed each one of them passeth his estate viz. the Lessee for life his estate by the livery and the Fee-simple moveth or passeth from him in Remainder or Reversion but if the Feoffment had been by Paroll then it should have been the Feoffment of him in Remainder or Reversion and a surrender of the Lessee for life for otherwise nothing should pass by Paroll Cook lib. 2. Fine works to corroborate a former estates and makes no discontinuance fol. 15. 4. Tenent in Tail by deed inrolled bargains and sells an house to another and his heirs and after the Tenant in Tail levies a Fine with Proclamations to the Bargainee of the same house Resolved 1. That by the Indenture of bargain and sale inrolled the Bargainee had an Estate descendible to his heirs but it was determinable by the death of the Tenant in Tail 2. Resolved that the Fine here levied to the Bargainee doth not make a Discontinuance of the Remainder in Tail nor doth any Estate of Free-hold pass by the Fine but only the Fine with the Proclamations doth corroborate the Estate of the Bargainee and the Stat. of 4 H. 7 chap. 24. and 32 H. 8. cap. 36. makes his Estate more perdurable being after the Fine determinable only upon the death of Tenant in Tail without issue but if the Fine had been levied before the bargain and sale inrolled it had been a discontinuance but in the case before it was not because it operated only upon the Estate which passed precedent Cook lib. 10. fol. 96. Edward Seymors case 5. Nota a diversity when a man hath two wayes Two waies to pass an Estate hoâ— taken to pass Lands and both of them by the Common-law and intends to pass them by one of those wayes yet ut res magiâ— valcat it shall pass by the other As if a man be seized of two Acres of Land in Fee and lettath one of them for Years and makes a Charter of Feoffment of both and maketh livery only of the Acre in possession in the name of both only the. Acre in possession passeth but if the lessee for years after doth attorne then both shall pass because he is by the common Law in the Per as to both but when a man may pass Lands either by the common Law or by raising of a use and setling of it by the Statute there in many cases it is otherwise As if the Father makes a Charter of Feoffment to the Son and a letâ—er of Attorney to make livery if no livery be made no use shall arise unto the Son because then he should be in by the Statute in another degree viz. in the Post and the intention of the Parties is much in the raising of uses Cook upon Lit. 49. a. 6. One sells unto another certain Lands by Acts done for further assurance referre to the Original agreement deed indented upon condition of Reentry upon non-payment of 20 l. and that all assurances shall then be to him and his heirs and Covenants to make other assurances and that they shall be to the use in the Indenture afterwards he makes a Feoffment to the same bargainee to the use of him and his heirs and afterwards levies a Fine to him which was to the uses in
Messuage Lands and Premises to pay and satisfie the debts owing by the said A. B. rateably to his Creditors according to their several debts as the same shall be yearly raised out of the said yearly Rents Issues and Proffits Now Witnesseth c. CHAP. III. Containing several Covenants 1. This Indenture c. between A. B. and E. To levie a Fine Sur cogniz de droit come ceo Per. Baron feme his Wife on the one part and C. D. and G. H. of the other part witnesseth that it is Covenanted Granted Concluded and Agreed by and between the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife dâ—th covenant grant and agree to and with the said C. D. and G. H. their Heirs Executors and Administrators by these presents That they the said A. B. and E. his wife shall and will before the end of the Terme of St. Michael the Archangel next ensuing the Date hereof by one Fine with Proclamations in due form of Law to be levied before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster †Or before any other Person or Persons sufficiently and lawfully authorized in that behalfe which is sometimes added Between the said C. D. and G. H. Plaintiffs and the said A. B. and E. his wife Deforciants Recognize and acknowledg All that tho Mannor of c. and all other the Lands Tenements and Hereditaments lying and being in the Parish of B. in the County of C. in which the said A. B. and the said E. his wife or either of them have or heretofore had any Estate or Inheritance in Possession Reversion or Remainder with all and singular the Appurtenances thereof by some Name or Names and Contents and Numbers of Acres in the said Fine to be contained to be the Right of the said C. D. as those which the said C. D. and G. H. have of the Gift of the said A. B. and E. his wife and the same shall thereby remise and quit-claime from them the said A. B. and E. his wife â—nd their Heirs to the said C. D. and G. H. and the Heirs of the said C. D. for ever And moreover shall by the said Fine warrant the said Mannor and Premises with the Appurtenances unto the said C. D. and G. H. and the Heirs of the said C. D. against them the said A. B. and E. his wife and the Heirs of the said A. B. Another more brief for ever 2. This Indenture c. Between A. B. and E. his wife on the one part and C. D. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife doth covenant and grant to and with the said C. D. his Heirs Executors and Administrators that he the said A. B. and E. his wife shall Will on this side and before the Feast of c. next ensuing the Date of these presents or before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster acknowledg and levie one Fine sur cognizance de droit come ceo que il ad de lour done c. with Proclamations according to the forme of the Statute in such Case had and provided to the said C. D of all that Messuage or Tenement and Lands c. by such Name and Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel learned in the Law shall be reasonably devised advised or required 2. This Indenture made c. Between A. B. of Another by several persons severally interessed c. on the first part C. D. of c. on the second part E. F. of c. on the third part and G. H. of c. on the fourth part Whereas the said A. B. is seized in his Demesne as of Fee of and in one parcel of Pasture ground called or known by the Name of D. lying and being in the Parish of F. in the County aforesaid containing by Estimation twenty Acres or thereabouts which he lately purchased of one J. R. of c. And whereas the said C. D. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances and a certain parcel of Meadow grounds lying neer thereunto containing by Estimation six Acres or thereabouts lying and being in F. aforesaid which he lately purchased of one L. M. of c. And whereas the said E. F. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances lying and being in F. aforesaid and a certain Close or parcel of Pasture ground thereunto belonging and adjoyning containing by Estimation Ten Acres or thereabouts which he the said E. F. lately purchased of one R. S. of c. And they the said A. B. C. D. and E. F being of the said Premises so severally seized as aforesaid Now witnesseth these presents that it is covenanted concluded and agreed by and between all the said Parties to these presents That they the said A. B. C. D. and E. F. shall on this side and before the Feast of c. next ensuing the Date hereof in due form of Law levie and acknowledg one Fine sur cognizance de droit come ceo c. with Proclamations according to the Statute in that Case made and provided before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster to the said G. H. and his Heirs of all and singular the Premises with the Appurtenances The Uses by the Name or Names of c. And that the said Fine so to be levied shall be and envre and shall be deemed construed and taken to be and envre and the said G. H. and his Heirs shall by vertue thereof stand and be seized of and in all and singular the said Premises with their and every of their Appurtenances to the several uses hereafter mentioned and declared and in manner and form following That is to say of and in the said parcel of Pasture Land called or known by the Name of D with the Appurtenances thereof to the only use and behoofe of the said A. B. and his Heirs and of in and to the said Messuage or Tenement with the Appurtenances and parcel of Medow grounds to the only use and behoofe of the said C. D. and his Heirs c. and so for the rest 4. This Indenture made c. Between A. B. To levie a Fine in the County of Lancaster of the one part and C. D. and E. F. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between all and every the
be utterly void and of none effect 16. To the use and behoof of the said Other contingent uses A. B. for and during the Term of his natural life and from and after the decease of the said A. B. to the use and behoof of E. B. now wife of the said A. B. for and during the Term of her natural life And from and after the decease of the said A. B. and E. his wife Then to the use and behoof of such of the Children between them the said A. B. and E. his wife to be begotten and for such Estates as the said E. by her last Will and Testament or by any other Writing To such persons as the Wife by her Will shall appoint to be seald and subscribed by the said E. B. in her life time in the presence of two or more credible Persons shall limit nominate and appoint And if no such limitation nomination or appointment shall be made by the said E. B. in her life time then to the use of the Heirs of the Bodies of the said A. B. and E. ◠between them lawfully to be begotten And for want of such Issue to the use of the right Heirs of the said A. B. for ever To the use and behoof of such Person and Persons and for such Estate To such as the Husband appoints by Will and Estates and for such part and parcel of the Premisses as the said A. B. shall by his last Will and Testament in Writing in the presence of two or more credible Persons appoint limit or declare and for default or want of such Declaration Limitation or Appointment or for such Part of the Premisses whereof no such Declaration Limitation or Appointment shall be to the use and behoof of c. CHAP. VIII Power given to Cestuy que use for life to make Joyntures Leases c. 1. PRovided always and it is concluded To settle a Joynture upon future Wife or Wives and agreed by and between the said Parties to these presents for them and their Heirs That if the said A. B. being a person to whom an Estate was limited for life with remainders over shall fortune to over-live the said E. B. his now wife and do after intend to marry again That then and from thenceforth it shall and may be lawful to and for the said A. B. at all times during his natural life to assign limit or appoint such and so much of the said Mannor of C. with Thappurtenances and of the said Lands Tenements Rents Reversions Services and Premisses in C. aforesaid as he the said A. B. shall think fit so that the same exceed not the clea◠yearly value of One hundred pounds by the year over and above all Charges and Reprises to and for the use of any Woman who shall fortune to be his lawful Wife at the 〈◊〉 of his decease for and during the Term of the natural life of such wife for and in the name of her Ioynture And that from and after such use limitation or appointment so to be made to or for any such Wife All and every the said Assurances and Conveyances of the Premisses in C. aforesaid so to be had made and executed as is aforesaid concerning such and so much thereof only whereof any such appointment or limitation by virtue of this Proviso shall be so had or made shall be and inure and the said C. D. and E. F. who are Cognizees or Feoffee◠c. and their Heirs and the Survivors and Survivor of them and his and their Heirs shall stand and be seized thereof to the use of such wife for and during the term of her natural life according to the true intent and meaning of such limitation or appointment any thing in these presents contained to the contrary thereof in any wise notwithstanding And after such use or Estate ended or determined then to the use of every such person and persons and in such manner and form and with such Remainders Over-uses and Limitations and under all and every such Conditions and Provisoes as the same should have been if no such limitation or appointment by virtue of this Proviso had been made limited or appointed Or thus And after the end or determination of Estate to the use of such Person and Persons to whom the same ought to remain by the true intent and meaning of these presents 2. To the use of the said A. B. being the Another Feoffor for and during the term of his natural life and from and after his decease to the use and behoof of the said C. B. son and heir apparent of the said A. B. for and during the term of his natural life with remainders over in Tail Provided alwaies and it is hereby declared and agreed by and between all and every the Parties to these presents and the true intent and meaning of them and of these presents is That for the better advancement and preferment in Marriage of the said C. B. it shall and may be lawful to and for the said C. B. at any time or times during the term of his natural life by Indenture or by any Deed or Deeds Writing or Writings to be by him the said C. B. sealed and subscribed in the presence of two or more credible witnesses to declare limit and appoint all or any the said Mannors Messuages Lands Tenements Rents Hereditaments and Premisses with their appurtenances to or for the Ioynture of any Wife or Wives with whom the said C. B. shall hereafter intermarry for the life or lives of such Wife or Wives or for any number or term of years determinable upon her or their life or lives the same to take effect from and after the death of the said C. B. And that then and so often and from thenceforth the said Recovery or Recoveries shall be and inure and the Recoveror and Recoverors therein named his and their Heirs of and in the said Mannors Messuages Lands Tenements and Hereditaments or of or in so much or such part thereof of for or concerning which such Indenture Deed or Deeds Writing or Writings shall be made by the said C. B. as aforesaid for the Ioynture of such wife or wives shall stand and be seized to the use of such wife or wives for and during the life or lives of such wife or wives according to the true intent and meaning of the same Indenture Deed or Deeds and Writing or Writings and according to the intent and true meaning of these presents And after the end or determination of such Estate to the use c. vide Sect. j. of this Chapter 3. Provided alwaies and it is Covenanted Another to settle by Deed or last Will for a Joynture and agreed by and between the said Parties to these presents that it shall and may be lawful to and for the said A. B. the Father at any time or times hereafter during his life by his last Will and Testament in
writing or otherwise by his Deed in his life time lawfully executed to assure appoint limit and convey to any lawful wife or wives which the said A. B. shall hereafter fortune to marry for term of the life onely of such wife or wives or to any other person or persons to the use of any such wife or wives for term of the life only of such wife or wives for or in the name of a Ioynture or Ioyntures a full third part of less or so much as shall amount unto a full third part or less of all that his said Mannor of c. And that then and from thenceforth the said Fine or Fines shall be and inure and the said Cognizâ—es therein to be named their and every of their Heirs of and in such part and proportion of the said Mannor for or concerning which such assurance shall be made for the Ioynture of such wife or wives according to the intent and true meaning of these presents shall stand to be seized to the use of such wife or wives for and during the life or lives of such wife or wives according to the intent and true meaning of such assurance be the same by Deed executed in the life time of the said A. B. or by his last Will and Testament as aforesaid c. vide Sect. j. of this Chapter 4. The uses being supposed to be limited Another whereby power is given to the Father to settle Land upon future Wives and to Son to settle a Rent for a Joynture to the Father for life and after to the Son for life with Remainders over in Tail Then add Provided alwaies and it is fully concluded and agreed by and between all every the said Parties to these presents for themselves their Heirs and Assigns respectively by these presents and also the true intent and meaning of these presents and of the said Parties hereunto and of the said Fine Recovery and other the Covenanted or intended Conveyances and assurances is and so for ever shall be adjudged and taken to be And also the said C. D. E. F. c. and the Survivors and Survivor of them his and their Heirs and all and every other person or persons his and their Heirs which now are or stand seized or hereafter shall stand and be seized of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses and of and in every or any part thereof by force of these presents and of the said Fine Recovery and intended Conveyances and Assurances before mentioned and every or any of them and their and every of their Heirs shall stand and be seized thereof and of every part thereof with Thappurtenances to and for such use intent and purpose notwithstanding any of the former use or uses in or by these presents before limitted daclared or appointed As well that it shall and may be lawful to and for the said A. B. at any time or times during the term of his natural life The power given to the Father by any his Deed or Deeds in writing or by his last Will and Testament in writing to grant convey assure bequeâ—th limit or appoint such and so much of the said Hereditaments and Premisses not exceeding in the whole one third part thereof as to himself shall seem meet or convenient unto or for the use of any lawful wife or wives of the said A. B. whom he shall hereafter fortune tâ— marry for and during the term of the natural life or lives of such wife or wives for or in the name of her or their Ioynture or in satisfaction of her or their Dower of and in the said Hereditaments and Premisses 5. And also that it shall and may be lawful Power to the Son to settle an Annual Rent on his Wives to anâ— for the said C. B. from and after the decease of the said A. B. at any time or times thenceforth during his natural life by any his Deed or Deeds in writing or by his last Will and Testament in writing respectively to grant convey assure bequeath limit or appoint one Annual or yearly Rent of One hundred and fifty pounds of good and lawful Mony of England with or without clause of Distress to be issuing and going out all or any the said Hereditaments and Premisses or out of any part or parcel thereof as tâ— himself shall seem meet and convenient unto oâ— for the use of M. his now wife or to or for the use of any other wife or wives of the said C. B. whom he shall hereafter fortune to marry for and during the term of the natural life or lives of the said M. or of such other wife or wives for or towards her or their Ioynture or Ioyntures and in satisfaction of her or their Dower or Dowers such of the said Premisses as shall be hereafter conveyed assured or limited to or for the use or uses of any wife or wives of the said A. B. pursuant to the true intent and meaning of these presents for and during the life or lives of such wife or wives onely excepted and foreprized 6. Provided always and it is the true intent Another to settle a Rent for a Joynture and meaning of these presents and of all and every the Parties hereunto That it shall and may be lawful to and for the said A. B. by any Writing or Writings sealed with his Seal and subscribed by him and duly executed in the presence of three Witnesses at the least to give grant limit or appoint to or to the use of every or any Woman that is 〈…〉 r shall be hereafter his lawful Wife one Annual or yearly Rent not exceeding the yearly sum of One hundred pound to be issuing and growing out of the said Mannors c. or any part of them or either of them so to be conveyed and assured as aforesaid To have and to hold the said Annual or yearly Rent to any or every such Woman for Term of her natural life for and in the name of her Ioynture the same to be paid at the Feasts of c. yearly by even and equal portions and the first Payment thereof to begin at such of the said Feasts as shall next happen after the decease of the said A. B. And that then and from thenceforth the said Fine or Fines shall be and enure and the said C. D. and E. F. and their heirs shall stand and be seised of and in the said Mannors c. so to be charged as aforesaid to the use intent and purpose Distress aforesaid and that every such Wife or Wives to whom or to whose use any such Grant or Limitation shall be made and her Assigns shall and may from time to time for non-payment of the said Rent enter into and upon the said Lands and Tenements so to be charged for the same Rent and Arrearages thereof as in case of a Rent-Charge and the Distress and Distresses so had and
person or persons or for any term or terms of years not exceeding the term of one and twenty years to take effect immediately from the making of such Lease or Leases Demise or Demises so as upon every such Lease or Leases so as aforesaid to be made such and so much yearly Rent or Rents or more shall be reserved for every parcel or parcels of the Premisses so to be Demised as is mentioned and expressed in a Writing Indented bearing Date with these presents to one part whereof the said A. B. hath set his Hand and Seal and to the other part whereof the said c. hath set his Hand and Seal by which said Writing the said Premisses so meant or intended to be Demised are rated and valued at to be yearly worth And that at all Râ—coveries c. to be to the use of the Lessees times from and after the said Lease and Leases Demise and Demises so to be had and made as aforesaid the said Recovery and Recoveries before mentioned shall be and shall be adjudged deemed and taken to be and the said Recoverors and their Heirs and all and every other Person and Persons and their Heirs then standing and being seized or which at any time from thenceforth shall stand or be seized of or in so much of the said Mannor and Premisses as shall so happen from time to time to be Leased or Demised in manner and form aforesaid and according to the true meaning of these presents shall from thenceforth stand and be seized thereof and of every part and parcel thereof to the use and uses of all and every such Person and Persons to whom any such Lease or Leases Demise or Demises shall be made as aforesaid their Executors Administrators and Assigns for and during the continuance of all and every the said Lease and Leases Demise and Demises so long as the said Lessee and Lessees his and their Executors The Lessees paying their Rents Administrators and Assigns shall and do well and truly satisfie and pay the Rents reserved in and by the said Lease and Leases Demise or Demises And from and after the expiration of all and every the said Lease and Leases Demise and Demises to be had and made as aforesaid and as they shall severally end and determine Then and from thenceforth to such further use and uses purposes and intents as be thereof before in these presents expressed and declared and as by the true intent and meaning of these presents they should or ought to have done if no such Lease or Leases Demise or Demises had been thereof at any time had or made any matter or thing herein before contained to the contrary thereof in any wise notwithstanding c. In witness c. 14. Provided also and it is Covenanted Another to make Leases at such Rents as Lessor pleaseth granted concluded agreed and declared by and between all the said Parties to these presents That it shall and may be lawful to and for the said A. B. from time to time and at all or any time or times during his natural life by any Indenture or Indentures to make any Demise or Demises Grant or Grants of the said Premisses or of any part or parcel thereof alone or amongst other things as well in Possession as in Reversion for the term of One and twenty years or For 21 years or 3 lives under or for one two or three life or lives or for any term or number of years determinable upon one two or three life or lives at for and under such Rents Covenants and Conditions as to him the said A. B. shall seem meet so as the said E. B. wife of the said A. B. be made Party to So as the wife be Party every such Indenture whereby any such Demise or Grant shall be made during the life of the said E. B. And that the said E. B. do seal and deliver every such Indenture And that at all times from and after the making of such Indenture or Indentures of Demise or Demises Grant or Grants the said Fine so to be levyed as aforesaid and the Cognizees to stand seized to the use of the Lessees Cognizees of the said Fine and their Heirs and the Heirs of the Survivor of them shall stand and be seized of and in such part or parts as shall be so Demised or Granted to the use and behoof of every such Lessee or Lessees Grantee or Grantees their Executors Administrators and Assigns to whom any such Demise or Demises Grant or Grants shall be so made and according to the true intent and meaning of every the same several and respective Demise or Demises Grant or Grants so as the same Lessee or Lessees Grantee or Grantees their Executors and Assigns shall and do pay the Rents and perform the Covenants and Conditions in such Indentures of Demise or Grant to be specified and contained according to the intent and true meaning of the said Indentures And after the end or determination of such Estate or Estates then to the use of such Peâ—son and Persons to whom the same ought to remain by the true intent and meaning of these presents 15. Provided always and it is the true Another form to give power to make Leases for such Term and under such Rent as Lessor pleaseth intent and meaning of these presents That if the said A. B. shall at any time hereafter â—uring his life-time demise grant or lease the said Messuages Lands Tenements Hereditaments and other the Premisses before by these presents granted or assured or any part or parcel of them by his Deed Indented under his Hand and Seal for the term of any year or years life or lives and under such Rents and Covenants as he shall think fit that then and immediately from and after every such Demise Lease or Grant so to be made by the said A. B. the said C. D. E. F. c. and their heirs shall stand and be seised of such leased Premisses to the use and behoof of the said Lessee and Lessees Grantee and Grantees and every of them and of their several Executors Administrators and Assigns during the term and space mentioned in the said several Leases Grants and Demises respectively so that the yearly Rent or Renâ—s mentioned or reserved So that the Rent be paid to Lessor and those in Remainder by the said A. B. in such Lease or Leases Demise or Demises Grant or Grants be yearly paid to the said A. B. during his natural life and after his decease to such person or persons as by the purport and true meaning of these presents ought to have the Reversion or Remainder Reversions or Remainders of the Messuages Lands Tenements and Hereditaments so to be leased or granted at the several days in every such Lease or Grant to be expressed or set down for payment thereof or within twenty days after every such day or days and request made for
appointed or declared shall or lawfully may quietly and peaceably have hold occupy and enjoy the said Premisses with the Appurtenances and every part and parcel thereof according to the true meaning of the Uses before declared and the Assurances hereafter to be made and passed in that behalf without any let suit vexation hinderance expulsion eviction interruption or trouble of the said A. B. his Heirs or Assigns or any other person or persons whatsoever lawfully claiming from by or under him or them or by his or their means assent command or procurement 11. And that he the said A. B. shall not at Not to do any act to impeach the Settlement any time or times hereafter make do assent unto acknowledge execute or willingly suffer any manner of Estate Conveyance Assurance Act Thing Matter or Devise whatsoever whereby or by reason whereof the uses and Estates before declared or any of them for touching or concerning the said Mannor Messuages Lands and Tenements or any part or parcel thereof shall or may be discontinued cut off debarred overthrown or made void or whereby the said E. B. or any of the said Sons or any Heir of any of their Bodies lawfully begotten or the Heirs of the Body of the said C. B. upon the Body of the said M. B. lawfully begotten or to be begotten shall or may by any means be defeated defrauded excluded or disinherited of the Premisses or any part or parcel thereof or of any Use or Estate hereby to him them or any of them appointed limited or intended or to be contained or mentioned in any of the said Conveyances or Assurances contrary to the true meaning of these presents or whereby or by reason whereof the said A. B. shall or may in any sort or degree be disabled perfectly sufficiently and surely to make pass convey and assure the said Mannor Messuages Lands and Tenements or any part or parcel thereof according to the Uses and Limitations in these presents expressed or declared and according to the purport intent and true meaning hereof 12. And the said A. B. for himself his For further Assurance Heirs Executors and Administrators doth Covenant promise and grant to and with the said C. D. and E. F. their Heirs and Assigns by these presents That he the said A. B. and his Heirs and all and every other Person and Persons lawfully claiming or to claim by from or under him except such as shall or may claim by or under the Leases before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the Costs and Charges in the Law of the said C. D. and E. F. or either of them their or either of their Heirs or Assigns make do acknowledge suffer and execute All such further Act and Acts Thing and Things Assurance and Assurances in the Law whatsoever for the further and better assuring of the said Premisses and every part thereof to the uses intents and purposes aforesaid as by them the said C. D. and E. F. or either of them their or either of their Heirs or Assigns or their or either or any of their Counsel learned in the Law shall be in that behalf reasonably devised or advised and required And that all Fines and other Assurances at any time hereafter to be had levyed suffered or executed of the Premisses or any part thereof by or between the said Parties or any of them shall be and shall be adjudged deemed and taken to be to the uses intents and purposes in these presents mentioned limited and declared and to no other use intent or purpose whatsoever 13. And the said A. B. for himself his c. Another doth Covenant and grant to and with c. That he the said A. B. his Heirs and Assigns 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 cost and charges in the Law of the said c. and either of them their and either of their Heirs or Assigns 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 Devise and Devises 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 Mannor c. and of every part and parcel thereof with Th' appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof and of every part and parcel thereof in and by these presents limited expressed appointed and declared and under the Conditions Provisoes and Limitations before mentioned and declared Be it by Fine or Fines Recovery or Recoveries with single or double Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled or by any other ways or means whatsoever as by the said C. D. and E. F. or either of them their or either of their Heirs or Assigns or their or either or any of their Counsel learned in the Law shall be reasonably devised advised or required so as the said A. B. his Heirs or Assigns or any person or persons whatsoever that ought to do or suffer such Act or Acts be not compelled to travel from the place of his or their abode 14. And the said A. B. for himself c. doth For settlement of Land to be purchased Covenant c. that in case the said A. B. or any other to his use shall at any time hereafter happen to purchase any Lands Tenements or Hereditaments of any Person or Persons whatsoever during the life of the said C. B. the Son That then the said A. B. shall cause and procure all such Lands Tenements and Hereditaments which shall be so purchased as aforesaid to be sufficiently conveyed and assured to the use of the said A. B. and C. B. for and during the Term of their natural lives and the life of the longest liver and Survivor of them and after their decease to the use and behoof of the Heirs of the Body of the said C. B. on the Body of the said M. B. lawfully to be begotten and for default of such Issue to the use and behoof of the said A. B. his Heirs and Assigns for ever and to none other use intent or purpose whatsoever 15. And also that he the said A. B. shall To permit 〈…〉 Lands to descend and will permit and suffer all and singular those his Messuages c. in the County of M. which D. B. his Uncle deceased did in his life time give grant convey and assure to him the said A. B. lawfully to descend come and remain immediately after the Decease of the said A. B. to the said C. B. and his Heirs And that
before such Will or Testament made by the said E. Then of so much of the Goods and Chattels of the said A. B. as shall amount to or not exceed the said sum of Two hundred pounds without any let disturbance or contradiction of the said A. B. and in as large and ample a manner as if the said E. were then a Feme sole and unmarryed 7. And further that she the said E. shall Another to the same purpose or may at any time during the Coverture between her and the said A. B. without any lett or disturbance of the said A. B. or of any other by his means make and declare her Will and Testament and thereby or by any other Writing by her to be subscribed in the presence of two or more credible Witnesses give bequeath assign or appoint to any person or persons whatsoever any sum or sums of money so as the same exceed not in the whole the sum of Two Hundred pounds of lawful moneys of England And that if he the said A. B. do over-live the said E. That then and not otherwise he the said A. B. his Executors or Administrators shall and will within Six Moneths after the decease of the said E. and after request to him or them to be made in that behalf execute and perform or cause to be executed and performed the same her Will and Testament Gift Bequest Assignment or Appointment to any value not exceeding in the whole the said sum of Two Hundred pounds according to the intent and true meaning of the said Will or Writing That if the Lands setled in Joynture fail of the value the Fxecutors of the Husband to make it up 8. And the said A. B. for himself his Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Executors and Administrators by these presents That in case the said E. shall survive the said A. B. and shall be minded to lett the Premisses before limited and appointed to her for her Ioynture to Farm for a yearly Rent and shall make offer so to do to the Executors or Administrators of the said A. B. or any of them and that they shall upon such offer made refuse to take the same to Farm at the yearly Rent of Thirty pounds per annum of lawful money of England That then and in such case the said Premisses shall be rated and valued by Four substantial men of the same Parish where the said Messuage and Lands are scituâ—te and do lye whereof the said Executors or Administrators are to choose Two and the said E. the other Two at a certain yearly value according as other Lands of like quality and goodness are lett within the said Parish And in case the said rate and value made and put upon the said Premisses as aforesaid shall not amount unto the said sum of Thirty pounds per annum the said Executors or Administrators shall and will well and truly pay or cause to be paid unto the said E. so much lawful money of England yearly and every year on the Feast Day of St. Michael the Archangel as shall make up the said yearly value or Rate of Thirty pounds per annum until such time as they can procure a good and sufficient Tenant to take the same at the said Rate of Thirty pounds per annum under such Covenants and Agreements as other Lands are usually letten within the same Parish and for the term of One and Twenty years or more determinable upon the death of the said E. 9. And further for and upon the Consideration To make up what shall be evicted of the Lands setled in Joynture aforesaid he the said A. B. doth for him the said A. B. his Executors and Administrators Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Executors and Administrators That if the said E. his now Wife shall happen to survive and over-live him the said A. B. and shall at any time after the decease of the said A. B. be lawfully evicted or put out of or from the said Messuage and other the Premisses limited to her as aforesaid for her Ioynture or any part or parcel thereof That then the Executors or Administrators of the said A. B. shall well and truly pay or cause to be paid unto the said E. so much lawful money of England for the said Premisses or part thereof being so evicted from the said E. as aforesaid as the same shall amount unto at the Rate of Six years purchase for and according to the yearly value of the same within Three moneths after such eviction 10. And the said A. B. for himself his Executors To pay back part of the Portion if the Wife die c. and Administrators doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That in case the said E. shall happen to depart this life within Three years after the said Marriage had and solemnized as aforesaid without having any Issue of her Body lawfully begotten by the said A. B. then living That then and in such case the said A. B. his Executors or Administrators shall and will for and in respect of the said sum of Five Hundred pounds of lawful moneys of England by him received as aforesaid as the Marriage-Portion of the said E. repay and satisfie or cause to be repayed and satisfied unto the said C. D. the sum of Three Hundred pounds of lawful moneys of England at one entire payment within Six moneths next after the decease of the said E. CHAP. XVIII Containing the General words commonly used for the passing of Mannors Messuages Lands c. 1. ALL that the Mannor of L. with A Mannor Th' appurtenances in the County of M. And also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasowes Pastures â—eedings Waies Wastes Waste-grounds Commons Commodities Moors Marishes Wood-grounds Woods Vnder-woods Waters Water-courses Ponds Pools Liberties Fishings Rents Reversions Services Fines Amerciaments Court-leets Courts-baron Views of Frank-pledge and profits of Courts and all that to Courts and Leets belongeth Waifs Estrays Goods and Chattels of Felons and Fugitives Customs Rights Iurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with Th' appurtenances of whatsoever kind nature or quality or by whatsoever Name or Names they are called or known by scituate lying and being coming renewing arising or growing in L. aforesaid or elsewhere in the said County of M. to the said Mannors Messuages Lands Tenements Meadows Pastures Feedings and other the Premisses or to every or any of them in any wise belonging or appertaining or incident thereunto or as part parcel or member thereof or at any time heretofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof 2. All that the Mannor or Lordship
of F. Another for a Mannor lying and being in the Parish of F. with the rights members and appurtenances thereof or thereunto belonging in F. aforesaid in the County of M. And all and singular Rents Reversions Services Courts and perquisites of Courts views of Franck-pledge Priviledges Franchises Iurisdictions Royalties Liberties Profits and Commodities and Hereditaments whatsoever to the said Mannor and other the Premisses belonging or in any wise appertaining scituate and being growing arising and renewing within the Parish of F. aforesaid in the County of M. And all that An Advowson Advowson Donation Nomination Presentation free disposition and right of Patronage of the Parish Church of F. aforesaid 3. All that Messuage or Tenement with A Messuage Lands Th' appurtenances commonly called or known by the Name of B. and all Out-houses Barns Stables Buildings Yards Backsides Orchards Gardens Curtilages and Appurtenances whatsoever thereunto belonging scituate and being in the Parish of C. in the County of M. And also all and singular those several Closes or parcels of Land Meadow Pasture and Arable hereafter particularly mentioned that is to say One Close or parcel of Pasture Ground called or known by the Name of D. Close containing by estimation twenty Acres or thereabouts be the same more or less c. and s 〈…〉 e other Closes with their Names and conâ—ents of Actes and also put down the abutments of them in case they be dispersed or intermingled with other Lands All which said Closes or parcels of Land do lie together neer unto the said Messuage or Tenement and are belonging to or have been usually letten or occupyed together with the same and are scituate lying and being in the Parish of C. aforesaid and now are or late were in the tenure or occupation of G. H. his Assigns or under-Tenants And all and singular Waies Easements Water-courses Fishings Ponds Commons Common of Pasture Heath Turbary Woods Vnderwoods Profits and Commodities whatsoever with their and every of their Appurtenances to the said Messuage or Tenement and Premisses belonging or appertaining or reputed to belong thereunto or used or letten together with the same 4. All that Messuage or Tenement with A Messuage in London Th' appurtenances scituate and being in or near Fleetstreet in the Parish of St. Dunstans in the West London commonly called or known by the sign of the Mirmaid now in the tenure or occupation of G. H. his Assigns or under-Tenants Together with all and singular Shops Cellars Sollers Chambers Rooms Entries Waies Passages Yards Backsides Edifices Buildings Gutters Water-courses Easements Profits Commodities and Appuâ—teaances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining or therewith used occupyed or enjoyed or accepted reputed or taken as part parcel or member thereof 5. All that great Messuage or Inne commonly An Innâ— called or known by the Name or Sign of the George scituate and being in a Street called B. Street in the Parish of C. London together with all Cellars Sollers Rooms Chambers Stables Haylofts Waies Passages Courts Yards Lights Windows Water-courses Racks Planks Mangers and all other Apurtenances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining or therewith used occupyed or enjoyed or reputed or taken as part parcel or member thereof which said Messuage or Inne is now in the tenure or occupation of A. B. Inne-holder his Assigns or Vnder-Tenants 6. All that his Messuage or Tenement A Brew-house and Brewhouse scituate and being in a Street called B. Street in the Parish of c. London with all the Stables Edifices Buildings Waies Passages Lights Water-courses Profits Commodities and Appurtenances whatsoever thereunto belonging or therewithall now used occupyed or enjoyed And also All and singular those Vessels Furnaces Coppers and other Vtensâ—â—s whatsoever to the said Brewhouse belonging and now used together with the same being in a Schedule hereunto annexed particularly mentioned 7. All that his Water-grist Miln and A Water-grist Miln Milns being two grist Milns under one Roof commonly called or known by the name of B. Miln or Milns with the Appurtenances scituate and being in the Parish of c. sometimes in the tenure or occupation of one A. B. and now or late in the tenure or occupation of C. D. or his Assigns or Vnder Tenants and all that parcel of ground on part whereof the said Milns now stand containing by estimation one Acre or thereabouts be the same more or less And also all that the The Suit to the Milns Suit of and to the said Milns as well customary as conventionary of all the Tenants of the Mannor of S. in the said County and all the Toll and Custom for grinding of all the Corn and Grain of the said Tenants and also all and singular Head-Wares and Miln-Ponds and the soyl thereof to the said Miln or Milns belonging or appertaining And all and singular Miln-Pools Miln-Dams Stanks Banks Ponds Streams waters Water-courses Rivers Fishings Fishing places wayes Paths Passages Easements Profits Commodities Advantages Emoluments and Appurtenances to the said Miln or Milns and other the Premisses or any of them or any part or parcel thereof belonging or appertaining or with the same now or at any time heretofore used occupied or enjoyed 8. All that his Water-grist Miln commonly Another called or known by the name of B. Miln scituate and being in the Parish of C. in the County of D. And all that parcel of ground on part whereof the said Miln now standeth And also all and singular Miln-Ponds Miln-Dams Banks Streams Water-courses Wayes Easements Profits Advantages Commodities and Appurtenances whatsoever to the said Miln and Premisses belonging or appertaining now in the tenure or occupation of A. B. his Assigns or Vnder Tenants 9. All that the Prebend of B. in the A. Prebend County of C. with all and singular the Rights Members and Appurtenances thereof And also the Advowson Gift Presentation Collation and right of Patronage of the said Prebend which said Prebend one A. B. formerly had to him and his Heirs for ever of the Gift and Grant of the late King James and by mean Conveyances is since come unto the said C. B. And all and singular Messuages Houses Buildings Lands Tenements Rents Reversions Services Woods Vnderwoods Parsonages Chappels Advowsons Gleab-Lands Tithes Oblations Obventions Pensions Portions Fruits Profits Commodities Emoluments and Hereditaments whatsoever with their Appurtenances as well spiritual as temporal of what nature or kind soever the same be or by whatsoever name or names they be called or known set lying and being coming growing or renewing in the Towns Fields Parishes or Hamblets of J. and S. in the said County of C. 10. All that the Rectory or Parsonage of C. A Rectory aforesaid and all and singular Houses Edifices Buildings Barns Stables Lands Tenements Wayes Passages Wastes Commons Tithes of Corn Grain Hay Wool Flax Hemp and all other Tithes whatsoever as well
15. For cestuy que Use for life or his Issue-male to make Leases so as they be not without impeachment of waste and that the present Rent be reserved Sect. 11. Like power for them to make Joyntures Sect. 12. To Lease the Lands setled on the Wife for a Joynture at a Rent mentioned in the Schedule the Wife being made party Sect. 13. Another to make Leases so as Wife be party Sect. 14 16. To make Leases at the ancient Rents chargable nevertheless with the Rents before in the Deed limited Sect. 17. Power to two cestuy que Uses for life to make Leases successively Sect. 19. A Vse limited briefly to such persons to whom cestuy que Use for life shall make Leases Sect. 20 21. Chap. 9. Rents Annuities and Portions assured out of the limitation of Vses An Annuity for charitable Vses Sect. 1 2. Another of a Rent for life with Clause of Distress and a limitation of the Land unto the Party upon failer of payment of the Rent Sect. 3 4 5 6 7. A limitation of the Land to several Vses chargable with the Rents after mentioned and after the Rents are appointed with power to distrain Sect. 8 9. Portions for Daughters to be raised out of Leases made by cestuy que Use for life according to power given him Sect. 10. A Vse for years limited to Cognizees to pay Portions with directions over if Daughters die Sect. 11 12 19. Money yearly to be allowed to the Daughters until Portions paid Sect. 13. A limitation for years to be void if Feoffor die without Daughters or after Portions paid Sect. 14 15. A limitation to Daughters for want of Issue-male to be void upon Portions paid or secured by him in the next remainder Sect. 16 17. Daughters Portions to be raised out of a Rent-Charge with cestuy que Use for life hath power given him to grant Sect. 18 19 20 21. Chap. 10. Provision taken for payment of Debts Legacies c. in the limitation of Vses A limitation for years to the Cognizees for payment of Cognizors Debts discharge of Sureties payment of Annuities to Servants and then to surrender the Estate Sect. 1. A limitation to Cognizees and their Heirs for payment of Cognizors Debts by sale and discharge of Sureties and to restore the overplus c. but if next Heir pay the Debts c. within a year then the Cognizees to convey to him Sect. â— To make sale and pay Debts mentioned in a Schedule with direction for the overplus and Cognizor to enjoy until sale Sect. 3. A limitation after Cognizors death to Cognizors Executors for years to pay Debts c. Sect. 4. For performance of Cognizors Will Sect. 5. A Vse limited to such persons as Cognizor shall appoint to pay a sum in certain Sect. 6. Chap. 11. The form of alteration of Vses upon Acts done Vpon setling other Lands on Cognizors Wife the Vse limited to her to cease with a limitation over S. 2. A Vse altered and limited to a person to whom a Rent is appointed upon default of payment S. 3 4 5. A Vse made void and a limitation over if cestuy que Use marry without Fathers consent S. 6 7 8. A limitation to the Wife to cease and a limitation over upon her claiming of Dower S. 9 10. A Vse altered upon Non-payment of a sum in gross S. 11 12 13 14 15. To alter a Vse upon payment back of a Marriage-Portion in case the Marriage take none effect S. 16. Chap. 12. Power given to Revoke Vses and limit new S. 1 2 3 4. To Revoke Vses with exception of Leases to be made by force of a power given in the same Deed S. 5 9. To Revoke old Vses and limit new as to particular persons S. 6 7. Another as to one particular Mannor S. 10. To Revoke old Vses and limit new with consent of Cognizees S. 8. Chap. 13. The forms of Deeds of Revocation and limitation of new Vses A short form S. 1. Another with recital of the power of Revocation S. 2 3. Another with a Feoffment added S. 4. Another of a Vse setled by Covenant to stand seised S. 5. Another pursuant to power given upon having of Issue S. 6. Chap. 14. The several forms of settlements of Estates By Covenant to levy a Fine and declaration of Vses with power to make Joyntures grant Rents and make Leases S. 1 2 3 4 5. Another by Vses declared upon a Fine and Recovery with provision for payment of Debts S. 6. Another by declaration of Vses of a Recovery as to several Mannors severally S. 7 8. The Vse of a Recovery for life with remainders over in Tail S. 9. Vse of a Mannor in Trust to be sold and Appointment for the disposition of the money S. 10. Proviso to make void a particular Vse upon payment of money and a limitation over S. 11. Another to give power to make Leases of a particular Mannor to pay Portions S. 13. Chap. 15. The forms of several Covenants used upon settlements of Estates to Vses To stand seised to the Vses before-mentioned in case the Conveyance prove deficient S. 1 2. That he is owner and hath power to settle S. 3 4 5. That the thing is free from incumbrances S. 6 7 8. To enjoy S. 9 10. Not to do any Act to impeach the settlement S. 11. For further Assurance S. 12 13. For settlement of Lands to be purchased S. 14. To permit Lands to descend S. 15. Chap. 16. The several forms of Joyntures before and after Marriage Before Marriage mutual Covenants that each party shall marry the other S. 1. A Joynture by way of Covenant to stand seised to Vses S. 2. Another by Covenant to levy a Fine to Vses S. 3. Vses upon a Fine to the end that the young pair shall receive a Rent during Fathers life S. 4. And a limitation of a Vse after as to the Mannors Lands c. S. 5. With a Proviso to cease a limitation to Daughters upon Portions paid S. 6. Another upon Marriage with a Widow with several Covenants relating to the Widows Children and power given to her to make a Will S. 7 8. 9 10 11 12. A Rent limited to the intended Wife in satisfaction of Dower with a limitation over of the use of the Lands S. 19 20. After Marriage by Covenant to levy a Fine to the use of Husband for life after of the Wife for life in satisfaction of Dower with remainders in Tail and a Covenant to alter the Vse upon her claim of Dower S. 13 14. Another by way of Feoffment to Vses as to several Mannors severally with a limitation for raising of Portions S. 15 16 17. A Proviso to cease the limitation to the Wife as to part if she marry again S. 18. Chap. 17. Containing several Covenants used upon Marriages and Joyntures made To pay the Marriage-Portion S. 1. To pay a sum upon refusal of the Marriage S. 2. To maintain the young pair S. 3. To
the Indenture and it was judged that notwithstanding this absolute Feoffment and to an express use yet it being made upon no new agreement it shall be guided by the Covenant so that the bargainees Estate continues conditional Crook lib. 1. fol. 300. pag. 14. Clever vers Giles Acts done for further assurance upon covenants precedent conteined in the original agreement shall have such construction as may fortify and not destroy the first agreement As if â— man bargain and sell Lands rendring rent with condition of reentrie c. and covenants to make further assurances and after he levies a Fine or makes a Feoffment none of these are construed to extinguish the rent or condition but to fortify only the Estate of the purchaser according to the first agreement Moores Reports fol. 385. 7. It seems a conveyance of record shall be â—nv eyanâ—e of record and enpays how taken taken strictly and not by intendment as a conveyance in pais shall Therefore a Mannor in reputation which is not a Mannor in truth will not pass by the name of a Mannor in a Fine or common Recovery otherwise in a conveyance Crook part 1. 524. p. 53. yet a remainder may pass in a Fine by the name of a Reversion ibid. 594. p. 37. 8. Where an Indenture of bargain and sale is Several conveyances how the Party shall be in made and after a Fine is levied of the same land to the bargainee and after the deed is inrolled the bargainee is in by the Fine and not by the inrollment and where a Reversion is bargained and sold by Indenture and before inrolment a Fine is levyed by the Bargainor to the Bargainee and after the deed is inrolled yet the Bargainee must have an Attornment because he is in by the Fine and not by the Bargain and sale Crook part 1. 917. p. 8. 9. Where it is possible for a grant to take effect Grant to take effect as by possibility it may according to the Letter there the Law makes such a construction as by possibility it may take effect as if Lands are given to two men and the Heirs of their two Bodies the Law makes them joynt-tenants for life and gives them several Inheritances in Tail Cook upon Litt. 183. b. Stamford justice Three grounds for construction of deeds arguendo taketh three grounds for the construction of deeds First that it shall be taken most beneficially for the Party that taketh by them Secondly that the deed shall not be void where the words may be taken to any intent Thirdly that the words shall be construed according to the mind of the parties and not otherwise Plowden Antient deeds how construed fol. 160. Throgmortons case Antient deeds shall be construed as they were antiently taken although the Law be since altered vide Crook part 1. 633. p. 29. 10. Some words are large and have a general extent Exposition des parolâ— and some have a proper and particular application the former sort may contain the latter as dedi or concessi may amount to a Grant a Feoffment a Gift a Lease a Release a Confirmation or Surrender c. and it is in the Election of the Party to use them to which of these purposes he willâ— but a Release Confirmation or Surrender c. cannot amount to a Grant c. nor a Surrender â— a Confirmation or to a Release c. because they are proper and peculiar manner of conveyances and are destined to a special end Cook sur Litt. 301. b. CHAP. II. The several formes of setting forth the grounds or considerations of a Conveyance or sâ—ttlement of an Estate 1. Witnesseth that the said A. B. as well for Money iâ— parâ— paâ—d and in parâ— secured and in consideration of the summe of 500 l. of lawful moneyes of England to him in hand paid before the ensealing and delivery hereof by the said C. D. the receipt whereof lie the said A. B. doth hereby acknowledg and thereof and of every part and parcel thereof doth acquit and discharge the said C. D. his Heirs Executors and Administrators by these presents As also for and in consideration of the summ of 500 l. more of like moneyes by the said C. D. secured to be paid unto the said A. B. his Executors and Administrators in manner and form following viz. on the 20 day of January now next ensuing the summ of 300 l. thereof and on the first day of March then following the summ of 200 l. the residue of the said summ of 500 l. 2 Whereas the said A. B. at the ensealing and The barring oâ— an Estate â—â—il and enabling him to make a settlement or assurance delivery of these presents is and standeth seiled of an Estate â—ail to him and the Heirs Males of his Body with divers remainders over of and in the Mannors Messuages Lands and Tenements hereafter in these presents mentioned Now witnesseth this present Indenture that for and in consideration of the barring of the said Estate tail and all the Remainders thereupon dâ—pending and for the setling of an absolute Estate in Fee-simple of inheritance in the said A. B. whereby he may be enabled to make a good and perfect assurance to such Person or Persons and their Heirs as have agreed or hereafter shall agree with him the said A. B. to purchase the said Mannors c. A. B. covenants to suffer a Recovery Or thus That for the setling of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and forme as hereafter are in these presents limited and expressed and for the enabling of the said A. B. to make and grant Leases and Estates of and in the sold Mannors Lands and Premises in such manner and sort and according to the power and authority to him hereafter in and by these Presents reserved and for other good causes and considerations c. 3. Witnesseth that the said A. B. in consideration Natural love c. preferment of children of the natural love and affection which he beareth unto C. B. his Son and Heir apparent and for his advancement and present maintenance and to the end that the Daughters of the said A. B. may have convenient Portions to maintain and prefer them in Marriage and for the establishing of the Mannors Lands Tenements and Hereditaments hereafter mentioned to such uses intents and purposes as are hereafter limited and appointed and for other good causes and considerations c. Or Settlement in the stock and blood c. thus In consideration of the great love and natural affection which he the said A. B. beareth unto C. B. the natural sonne and heir apparent of the said A. B. and to the heires males of the body of the said C. B. and to the end intent and purpose that the Mannors Lands Tenements and Hereditaments hereafter mentioned shall and may continue in the stock blood and
kindred of the said A. B. c. Or thus A well for the advancement and preferment of the Heirs Males of the Body of the said A. B. lawfully to be begotten and for the better advancement and preferment of C. B. D. B. c. the natural Brothers of the said A. B. and to the end that the Mannors c. hereafter mentioned may continue in the name blood and kindred of the said A. B. so long as it shall please God as for divers other good causes and considerations c. 4. Whereas the said A. Lord B. is and standeth Another form more large seizâ—d in possession reversion and remainder of some Estate of inheritance of and in divers and sundry Honors Castles Mannors Lordships Messuages Parks Chases Lands Tenements Advowsons Liberties Franchises and Hereditaments all which or the most part thereof have for a long time remained and continued in the Name and Blood of the said Lord B. and in regard the said Lord B. is desirous and intendeth to establish and settle all the said Honours Mannors c. to such intents and purposes as that the same may remain in the Name Blood and Kindred of the said Lord B. according to the uses hereafter thereof expressed and declared for the better advancement of the House Honour and Blood of the said Lord B. so long as it shall please God to permit the same and our of the Fatherly love and affection which he beareth unto Sr. T. B. Knight his Son and Heir apparent and for the preferment advancement and maintenance of the Lady E. B. now the Wife of Joynture the said Lord B. and for her joynture in case she shall happen to overlive the said Lord B. and for Settlement on collateral Heirs divers other good causes and considerations c. 5. Witnesseth that for divers good causes and considerations him the said A. B. hereunto moveing and especially for that the said A. B. and C. B. his Wife have been married these many years and have had no issue of their Bodies and to the end that in case the said A. B. should die without issue of his Body lawfully begotten the Capital Messuage Lands and Tenements hereafter mentioned shall and may so loâ—g as it shall please God remain and continue in the Blood and Kindred of the said A. B. and for the natural love which he beareth unto c. naming his Brothers oâ— Sisters and for divers other good causes and considerations c. 6. Whereas theâ—e is a marrirge by the grace of A marriage to be had and settlement of a joynture God to be shortly had and solemnized between the said C. B. Son and Hâ—ir apparent of the said A. B. and A. D. the Daughter of the said C. D. witnesseth that the said A. B. in consideration of the said Marriage and of the Summ of 800 l. of good and lawful money of England to him in hand paid as the Mâ—rriage Portion of the said A. D. by the said C. D. her Father and for the Natural love and affection which the said A. B. beareth unto the said C. B. and to the end intent and purpose that a competent joynture may be had and made unto the said A. D. for the better maintenance livelyhood and advancement of the said A. D. in case she shall happen to survive and overlive the said C. B. and in full recompence and satisfaction of all the Dower and Title of Dower which she the said A. D. by or after the death of the said C. B. shall or may have to any the Mannors Lands Tenements or Hereditaments whereof the said C. B. shall during the coverture between him and the said A. D. be seized of any Estate of Inheritance and for the advancement of the Name and Blood of the said C. B. and for and towards a provision of Maintenance to be had and made unto and for the said C. B. and A. D. during the natural lives of the said A. B. and A marriage already had and for a joynture c. E. his wife c. 7. Witnesseth that for and in consideration of the natural love and affection which the said A. B. beareth unto the said C. B. his eldest Son and Heir apparent and other his Sons hereafter named and for the advancement of the Name and Blood of the said A B. and also in consideration of a Marriage heretofore had and solemnized between the said C. B. and D. B. now Wife of the said C. B. and of the Sum of 1000 l. to the said A. B. by W. D. Father of the said D. B. well and truly contented and paid as the marriage portion of the said D. B. and to the end and intent that a competent and convenient joynture and estate may be had made and provided for the said D. B. for term of her life in case she shall happen to survive the said C. B. in recompence and satisfaction of all the Dower and Title of Dower which the said D. B. by or after the death of the said C. B. hath or shall or may have in or to any of the Mannors Messuages Lands Tenements or Hereditaments whereof the said C. B. is or during the Coverture between him and the said D. B. shall be seized of any Estate of Inheritance and for other good causes and considerations c. 8. Witnesseth that in consideration of a Marriage An other in relation to former agreements heretofore had between the said A. B. and F. B. his now Wife and of the good will and affection which the said A. B. beareth unto the said F. B. and for the true performance of such promises and agreements had and made by the said A. B. upon the marriage between the said A. B. and the said F. B. had as aforesaid and for a joynture c. and to the end and intent and purpose that the Lands Tenements and Hereditaments of the said A. B. hereafter mentioned may come and continue to and in the issue of the said A. B. and F. in such sort Manner and Forme as hereafter is in these presents expressed mentioned and declared and for other good causes c. 9. Whereas the said A. B. is now lawfully seized Payment of debts in his demesne as of Fee of and in a Messuage Tenement and Lands with the Appurtenances scituate lying and being c. of the yearly value of 250 l. per annum of lawful moneys of England And whereas the said A. B. is indebted and doth owe unto divers Persons several Summes of Money amounting in the whole to 1000 l. of like moneys being particularly mentioned in a Schedule hereunto annexed which summes the said A. B. is not at present able to pay and yet minding and intending to make payment thereof with such speed as it may be in consideration whereof and for asmuch as the said C. D. hath undertaken out of the Rents issues and prossits arising out and from the said
wife who shall likewise appear gratis and vouch to warranty the common Vouchee who shall also appear imparle and make default whereby a perfect Judgment may be had and given against the said C. D. and E. F. and for the said C. D. and E. F. to recover aganst the said A. B. and E. his wife and for the said A. B. and E. his wife to recover in value against the common Vouchee So that a good and perfect Recovery may be had with double Voucher and execution be had and made thereof c. 12. This Indenture c. Between A. B. of the An other with double Voucher the Tenent of the precipe being before made by Deed c. vide Sect. 13. first part C. D. of the second part and G. H. of of the third part Witnesseth that for divers good causes and consideration c. It is covenanted granted and agreed by and between the said Parties to these presents in manner and form following That the said G. H. shall on this side and before the Feast of c. next ensuing the Date of these presents purchase and sue forth out of the High Court of Chancery one original Writ of entry sur disseisin en le post against the said C. D. returnable before the Justices of his Majesties Court of Common Pleas at Westminster at a Time certain in the said Writ to be mentioned And by the said Writ shall demand against the said C. D. all that the Messuage and Lands c. Setting forth the particulars and where they lye By such names qualities and numbers of Acres as by the said G. H. and his Council Learned in the Law shall be devised advised or required Unto which said Writ the said C. D. shall appear gratis and take upon him the Tenancy of all and every the said Messuage Lands and other the Premises with the Appurtenances and shall vouch to warranty the said A. B. who shall appear gratis and vouch to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and after imparle and make default in contempt of the Court so that Judgment shall be given that the said G. H. shall recover the said Messuages Lands and Premises in the said Writ to be contained against the said C. D. and that the said C. D. shall recover over in value against the said common Vouchee And that execution of the said Recovery so to be had shall be made according to the form of common Recoveries in such cases used and accustomed And that the said G. H. C. D. and A. B. and the said common Vouchee and every of them shall and will do execute perform and suffer all and every such Act and Acts thing and things whatsoever as as shall be necessary and expedient for the prosecution of the said Recovery and the execution thereof according to the form and Order of common Recoveries with double Vouchers in such cases used c. 13. This Indenture c. Between A. B. of To make a Tenent to a Precipe by barg sale the one part and C. D. of the other part Witnesseth That the said A. B. for and in consideration of 5s of lawful Money of England to him in hand paid before the sealing and delivery hereof by the said C. D. the receipt whereof the said A B. doth acknowledg And to the end and purpose that the said C. D. may be made a perfect Tenent to a Precipe against whom a common Recovery may be had of the Mannor and Lands hereafter mentioned Hath granted bargained and sold and by these presents doth for him and his Heirs grant bargain and sell unto the said C. D. and his Heirs all that the said Mannor c. To have and to hold the said Mannor Lands and Premises and every part or parcel thereof unto him the said C. D. his Heirs and Assigns for ever to the only use and behoof of the said C. D. his Heirs and Assigns for evermore 14. This Indenture c. Between A. B. of To suffer a Recovery with the recital of the said former deed with double Voucher the first part C. D. of the second part and E. F. on the third part Whereas the said A. B. hath by his Indenture of bargain and sale bearing Date the c. last past before the Date hereof for the consideration therein exprest granted bargained and sold unto the said C. D. and his Heirs all that the Mannor c. to the end of the Habendum which said bargain and sale was made to him the said C. D. and his Heirs to and for the only use intent and purpose that the said C. D. should be sole Tenent of the Premises to a Precipe against whom the Recovery hereafter mentioned might be had in manner and form following Now Witnesseth this present Indenture And it is covenanted concluded and ageed by and between all the said Parties to these presents for the â—selves respectively and their Heirs That before the end of the Term of the Holy Trinity next enâ—uing the Date hereof there shall be at the only cost and chaâ—gâ—s of the said E. F. more brief one Recovery in the nature of a common Recovery for Lands Tenements and Hereditaments in such caâ—es used and accustomed had and executed of the said Mannor c. in his Majesties Court of Common Pleas usually held at Westminster by and in the name of the said E. F. demaâ—dant against the said C. D. Tenent of the said Mannor c. with the appurtenantes who shall vouch to warranty the said A. B. who being vouched shall appear gratiâ— and vouch to warranty the common Vouchee who shall appear gratis and shall enter into the warranty and afterwards make default to the end that a perfect common Recovery shall and may be of the said Mannor Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries for assurance of Lands Tenements and Hereditaments in such cases used and accustomed 15. This Indenture c. Between A. B. of To suffer a Recovery of Lands in sevâ—ral Coâ—nties bâ— several Writs with double Voucher the first part C. D. of the second part and E. F. of the third part Witnesseth That it is covenanted granted and concluded by and between the said Parties to these presents in manner and form following That is to say that the said C. D. †Note he is made Tenent to the Precipe by a former Deed. shall before the Feast of c. now next ensuing the Date hereof suffer the said E. F. to pursue three of the Kings Majesties Writs of entry sur disseisin en le post against the said C. D. before his Majesties Justices of the Common Pleas at Westminster By one of which said Writs of entry the said E. F. shall demand against the said C. D. all that Mannor c. in the County of M. And by
their former Estate Any thing herein before contained to the contrary thereof in any wise notwithstanding 3. This Indenâ—ure c. Between A. B. of the one An other to secure from suertiship part and C. D. of the other part Whereas the said C. D. at the request and for the only and proper Debt of the said A. B. is and standeth bound together with and for the said A. B. in and by several Bonds and other Writings obligatory in a Schedule hereunto annexed particularly mentioned for several Sums of Money to several Persons in the said Schedule likewise mentioned Now witnesseth these presâ—nts That the said A. B. for the better security of and saving harmless and indempnified the said C. D. his Heirs Executors and Administrators and his and their Lands Goods and Chattels of and from the said several Engagements and for their good Causes and Considerationâ— hath c. let there be a Feoffment Bargaine and Sale c. Provided always and upon condition That if the Proviso said A. B. his Heirs Executors or Administrators shall and do well and truly satisfie and pay or cause to be well and ttuly satisfied and payed all and every the said Sum and Sums of Money for the payment whereof he the said C. D. is and standeth bounden with and for the said A. B. as aforesaid in the said Schedule mentioned according to the several effâ—cts and purports of the said Writings obligatory and deliver or cause to be delivered up unto the said C. D. hiâ— Executors or Administrators all and every the seveâ—al Bonds and Writings obligatory to be cancelled or else sufficient Releases and Discharges touching or concerning the same and that within one Month after the several and respective Sums of Money therein mentioned shall severally and respectively become due and payable That then and from thenceforth c. as in the former precedent Sect. 2. 4. Provided always and it is the true intent Proviso to make void a Rent charge granted in Fee upon payment of money and meaning of the said parties to these presents That in case the said A. B. his Heiâ—s or Assigns or any of them shall be minded or determined to purchase out redeem or discharge his said Lands and Tenements of and from the said Rent charge and shall by the space of six Months before any Feast of St. Michael the Archangel give knowledg and notice of such his mind and determination unto the Person or Persons of the said C. D. his Heirs or Assigns or any of them or shall by the said space openly leave to or for the said C. D. his Heirs or Assigns at the now dwelling House of the said C. D. any Writing or Note signifying such his determination and purpose And also shall and do at the Feast of the Annunciation next following after such Notice given or left as aforesaid pay or cause to be paid unto the said C. D. his Heirs or Assigns the full Sum of c. of lawful Moneys of England together with all the Arerages of the said Annuity or Rent-charge if any shall be that shall be behind or unpaid on the said Feast of Annunciation at one entire payment that then and immediately from and after the payment of the said Sum of c. and Arrerages aforesaid if any shall be the said Annuity or Annual Rent-charge of c. by the year and these presents and every Covenant Article and thiâ—g therein contained shall cease determine and be utterly void Any thing in these presents contained to the contrary thereof in any wise notwithstanding 5. Provided always And it is covenanted concluded a part upon money paid Another to abate in and agreed by and between the said Parties to these presents That if the said A. B. his Heirs Executors Administrators or Assigns upon six Months warning thereof in writing under his or their hands before hand to be given by the said A. B. his Heirs Executors Administrators or Assigns unto the said C. D his Heirs Executors Administrators or Assigns shall and will at or upon any first Day of May or Feast of All Satnts at or in the place aforesaid pay or cause to be payed unto the said C. D. his Heirs Executors Administrators or Assigns the Sum of 100 l. of lawful Moneys of England over and besides the said Rent-charge or Annual Sum of c. and the Arrears thereof if any then shall be That then and from thenceforth from and after the said payment or payments so made as aforesaid of every of the said Sum or Sums of 100 l. with Arrears of the said Rent if any shall be to be Endorsed upon both parts of these Iâ—dentures and subscribed by the said C. D. his Heirs Executors or Administrators for every Hundred Pounds that shall be paid as aforesaid over and besides the said Arrears if any shall be the full and entire Sum of 100 l of the said 500 l. yearly Rent â—r Annunity hereby granted as aforesaid shall cease and be determined Any thing herein before contained to the contrary hereof in any wise notwithstanding CHAP. V. vid. chap. 7 the forms of limitations of uses Containing the Several Ways and Forms of Introducing Uses upon Fines Recoveries and other Conveyances 1. THâ—s Indenture c. Between A. B. and Upon a Fine to be levied E. his wife on the one part and C. D. and E. F. on the other part Witnesseth That for the Conveying Assuring and sure making of all and singuler the Messuages Lands Tenements and Hereditaments hereafter in these presents mentioned to the uses inâ—ents and purposes hereafter in and by these presents expressed limitted and declared It is agreed and concluded by and between the said parties to these presents And the said A. B. for himself his Heirs Executâ—rs and Administrators doth covenant grant and â—gree to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his wife shall and will at the proper costs and charges of the said A. B. before the Feast of c. next ensuing the Date hereof in due forme of Law acknowledg and levy before the Justices of his Majesties Court of Common Pleas at Westminster one Fine Sur cognizance de droit come ceo c. with Proclamations unto the said C. D. and E. F. of all the Messuage or Tenement c. and here set down particularly the Messuages and Lands to pass by certain Name or Names and quantities of Acres in the said Fine to be contained And that the said Fine so to be had and levied as aforesaid Several forms to begin the limitation of uses or in what manner or forme soever the same shall be had shall be and inure and the said C. D. and E. F. shall by force thereof stand and be seized of the said Messuage and Lands and all other the Premises with the Appurtenances to the
Remainders thereof To have and to hold the said Messuage Lands and Premisses and every part thereof with the Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever which said bargain and sale was had and made to them the said C. D. and E. F. as aforesaid to and for the only end intent and purpose that the said C. D. and E. F. might be the Tenent thereof to a Precipe against whom the Recovery hereafter mentioned in manner and form following might be had Now this Iudenture further witnesseth that it is covenanted concluded and fully agreed by and between all the said Parties to these presents for them and every of them their and every of their Heirs that before the end of Trinity Term now next ensuing there shall be one Recovery in the nature of a common Recovery for Lands Tenements and Hereditaments in such cases used and accustomed and executed in his Majesties said Court of Common Pleas by or in the name of the said G. H. and I K. demandant against the said C. D. and E. F. Tenents of the said Messuage and Lands with the Appurtenances who shall vouch to warranty the said A. B. who being vouched shall appear gratis and enter into the warranty and vouch over the common Vouchee and the said common Vouchee shall thereupon appear also and enter into the warranty and afterwards make default to the end that one perfect common Recovery shall and may be of the said Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries in such cases used 16. And it is covenanted concluded and fully The Uses agreed by and between all the said Parties to these presents respectively for them and every of them their and every of their Heirs that the said Fine and Recovery so to be had levied suffered and executed as aforesaid as touching and concerning all and every the said Mannor or Lordship of M. and the said Messuage or Tenement in B. and the several Lands Tenements and Hereditaments before mentioned whereof the said Fine and Recovery were severally and respectively had levied and suffered as aforesaid And all and every other Fine and Fines Recovery and Recoveries to be had of the said Mannor and other the Premisses thereunto belonging and of the said Messuage and Lands and other the Premisses before mentioned to belong thereunto by and between the said Parties or any of them before the end of the said Term of the Holy Trinity shall be and inure and as well the said Cognizees as the said Recoverors and their several and respective Heirs shall severally and respectively stand and be seized of all and every the Premisses to the uses intents and purposes and under the Provisoes conditions and limitations herein after mentioned and expressed and to no other use Another upon a Fine and Recovery of several things already had intent or purpose whatsoever 17. This Indenture c. Between A. B. and E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Whereas in the Term of c. last past a Fine â—ur cognizancr de droit come cco c. with Proclamations according to the Statute in such case made and provided was levied between the said C. D. and E. F. plaintiffs and the said A. B. and E. his wife deforciants of the Mannor of c. by the name of c. And whereas the said G. H. and I. K. did in the said Term by Writ of entry sur disseisin en le post recover against the said C. D. and E. F. one Messuage in B. c. by the name of c. in which Recovery the said C. D. and E. F. did vouch to warranty the said A. B. who thereupon entred into the warranty and vouched over the common Vouchee proceeding in all things therein according to the form and order of common Recoveries for assurance of Lands Tenements and Hereditaments used and accustomed as in and by the several Records of the said Fine and Recovery remaining in his Majesties Court of Common Pleas reference being thereunto had more fully and at large it doth and may appear Now witnesseth this present Indenture that the true intent and meaning of the said A. B. and E. his wife and of the Cognizees and Parties to the said Fine and also of the said Recoverors and Parties to the said Recovery and of all and every Parties to these presents before and at the several and respective Time and Times of the acknowledging and levying of the said Fine and of the suffering of the said Recovery for and concerning the said Mannor Lordship Messuage Lands Tenements Hereditaments and Premisses whereof the said Fine and Recovery were severally and respectively levyed suffered and had as aforesaid alwaies was and yet is that as well the said Fine as Recovery and all and every Fine and Fines Recovery and Recoveries of the said Mannor of M. c. and Messuage and Lands in B. and all other the Premisses with the Apurtenances respectively at any Time formerly had levied suffered or executed whereunto the said A. B. and E. his wife or the said A. B. singly was and is in any wise Party and all and every the executions of the same should and shall be and inure to the uses intents and purposes and under the provisions conditions and limitations hereafter in these presents expressed limitted and declared And that the said Recoverors and either of them and all the Parties to the said Recovery and their Heirs and all other Person and Persons and his and their Heirs who then were and now are or hereafter shall be seized of the said Messuage Lands Hereditaments and Premisses contained in the said Recovery should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the uses purposes and intents hereafter expressed And that the Cognizees of the said Fine and either of them and all the Parties to the said Fine and the Heirs of them and every of them and all and every other Person or Persons and his and their Heirs who at the Time of levying of the said Fine were or now are or herafter shall be seized of the said Mannor c. Lands Tenements Hereditaments and Premisses comprized in the said Fine and every of them should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the uses intents and purposes hereafter in these presents expressed and to no other use intent or purpose whatsoever That is to say To the use and behoof of c. 18. This Indenture c. Between A. B. of Upon a Fine Recovery and other conveiances to be bad the one part and C. D. and E. F. of the other part Winesseth That the said A. B. in consideration c. set down the grounds
mentioned to be grantel was taken and had by the within named E. F. for and in the name of A. B. within mentioned and afterwards was for and in the name of the said A. B. delivered by the said E. F. unto the within named C. D. according to the authority within given To hold to him the said C. D. his Heirs and Assigns according to the form and effect of this present Deed in the presence of those whose names are hereunder written 4. In case the liberty be made by force of a Another Letter of Attorney not mentioned in the Deed Then the indorsement may be thus Memorandum That full quiet and peaceable possession of all and every the Messuage and Lands within mentioned to be granted was taken and had by I. H. the Attorney of the within named A. B. by force and vertue of a Letter of Attorney to the said I. H. in that behalf made by the said A. B. bearing Date the c. for and in the name of the said A B. and was afterwards by the same authority for and in the name of the said A. B delivered by the said I. H. unto one G. H. the Attorney of the within named C. D. thereunto lawfully authorized by force and vertue of one Letter of Attorney made by the said C. D. unto the said G. H. in that behalf bearing Date the c. according to the form and effect of this present Deed the 20th Day of March Anno Domini 1665. in the presence of those Persons whose names are hereunto subscribed 5. Memorandum That the within named E. F. Attornement lessee of all and every the Messuage and Lands within mentioned having heard this present Indenture read and taken perfect notice and knowledg thereof and of all the contents thereof doth consent and agree thereunto and doth Attorn Tenent to the within named C. D. for the said Messuage Lands and Premisses the 20th Day of c. Anno Domini 1666. in the presence of those whose names are hereunto subscribed 6. Memorandum That the within named E. F. Another lessee of all and every the Messuage and Lands within mentioned after the sealing and delivery of these presents and perfect notice thereof taken by him and of the contents thereof did the Day of c. in the Year within mentioned Attorn unto the within named C. D. upon the said grant according to the form and effect thereof by the payment of two Pence of lawful Money of England in the name of Attornement in the presence of c. 7. Memorandum That R. C. of c. Gentleman Another and the rest of the Tenents and Farmers of the within mentioned Premisses by virtue of several Leases made unto them by the within named A. B. having all of them had perfect notice of this present grant did severally Attorne and become Tenents of and for their several and respective interests in the Premisses to the within named C. D. this present Tenth Day of c. in the Year within written and the said Tenents have every of them given unto the said C. D. one Penny in the name of Attornement in the presence of c. 8. This Indenture made the c. Between An Attornement by a Collateral Deed. A. B. of the one part and C. D. of the other part Whereas the said A. B is seized in his demesne as of freehold for and during the the Term of his natural Life of and in c. by Vertue of a Lease to him thereof made by I. K. of c. Esquire by his Indenture bearing Date the c. And whereas the said I. K by his Deed indented bearing Date the c. Hath granted the said Messuage Lands and Premisses with the Appurtenances and the Revertion thereof to the said C. D. as in and by the said Indentures more at large appeareth Now this Indenture witnesseth that the said A B. for divers good reasonable causes and considerations him hereunto moving Hath consented agreed attorned and become Tenent and by these presents doth consent agree attorne and become Tenent to the said C. D. and to the said grant to him made of the said Messuage Landâ— and Premisses and the Revertion thereof and in the name of Attornment and seisin of the Rent reserved upon the said Lease thereof hath at and before the making of these presents paid to the said C. D. one half years Rent due for the said Messuage Lands and Premisses at our Lady-Day last Which the said C. D. hath accepted of and from the said A. B. as from his Tenent and in name of seisin thereof and Attornement to the said grant to him thereof made as aforesaid accordingly In witness whereof the Parties above named c. Livery and Attornement together 9. Memorandum that the 4th Day of May in the Year of our Lord 1665. Peaceable and quiet possession and seisin of the Mannor Messuages Lands Tenements and Hereditaments within specified was taken had and delivered by the Attorneys within named to the within named C. D. according to the tenor and true meaning of this present Indenture and likewise the Day and Year abovesaid E. F. G. H. and I. K. c. being Tenents of the Premisses by several Leases to them made of their respective Tenercies did severally attorn Tenents to the said C. D. according to this present grant whereof they and every of them had full and perfect notice at the Time of their said respective Attornements All which was done in presence of the persons whose names are hereunto subscribed CHAP. VII The Forms of limitations of Uses vide before Chapter the 5th the several Forms of introducing Uses upon Fines Recoveries and Conveiances Now follows the limitations of the Uses 1. ANd it is covenanted granted concluded Limitations for Life condiscended and fully agreed by and and between all the said Parties to these presents for themselves and their Heirs respectively That the said Fine or Fines Recovery or Recoveries conveiances and assurances to be had made and executed according to the purport and true meaning of these presents of and in the said Mannors Lands Tenements Hereditaments and Premisses and every of them and the execution thereof shall be and for ever shall be adjudged deemed and taken to be And also that the said C. D. and E. F. and their Heirs and the Survivor of them and his Heirs shall stand and be seized of and in all and singular the said Mannors Lands Tenements Hereditaments and Premisses and of and in every part and parcel thereof with the Appurtenances to and for the several and only uses behoofs intents and purposes and upon and under the limitations Provisoes conditions liberties and agreements hereafter mentioned That is to say of in and to all that Capital Messuage or Tenement with the Appurtenances being parcel of the Premisses commonly called or known by the name of c. scituate and being in F. aforesaid in the said
County of D. now or late in the tenure or occupation of c. and of in and to all and singular the Houses Edifices Buildings Lands Meadows Pastures Feedings and Hereditaments whatsoever with the Appurtenances to the said Capital Messuage or Tenement belonging or appertaining or therewithall now or heretofore usually occupied or enjoyed or accepted reputed or taken as part parcel or member thereof or appurtenant thereunto and the Revertion and Revertions Remainder and Remainders thereof to the Uses of the said C. B. Son and Heir apparent of the said A. B. and of D. B. Wife of the said C. B. for and during the Term of their natural Lives and of the Life of the longer Liver of them without impeachment of wast during the natural Life of the said C. B. 2. To the use of the said A. B. for and during To the Husband for Life and after to the Wife for a Joynture the Term of his natural Life without impeachment of or for any manner of wast and with full power to do or commit wast Or thus Without impeachment of wast only in and for Woods under Woods and Timber Trees standing growing or being or which at any Time hereafter shall stand grow or be in or upon the Premisses before mentioned or any part or parcel thereof And from and after the decease of the said A B. then to the use and behoof of the said E. his wife for and during the Term of her natural Life in the name of her Joynture and in full recompence and satisfaction of her Dower which she the said E. shall or may have out of or to the Lands Tenements or Hereditaments of the said A. B. in case she shall happen to survive the said A. B. Or thus In full Recompenre of her Dower and Title of Dower to or out of all the Mannor Lands Tenements and Hereditaments whereof the said A. B. had now hath or hereafter shall have during the coverâ—ure between him and the said A. B. any Estate of Inheritance 3. Provided alwaies and it is intended and Proviso to make void a Jointure upon claim of other Lands for Dower agreed by and between all the said Parties to these presents that if the said E. B. shall or do at any time or time hereafter from and after the decease of the said A. B. her Husband if she shall survive and over Live the said A. B. commence and prosecute or cause to be commenced and prosecuted any action or suit whatsoever for any Dower of out of or in any the Mannors Lands Tenements or Hereditaments whereof or wherein the said A. B. her Husband had any Estate of Inheritance during the coverture between him and the said E. and shall not hold her self satiâ—fied with the said Capital Messuage Lands Tenements and Hereditaments in or by these presents limited meant or intended to and for her Jointure and Dower that then and from thenceforth the use before limited to the said E. B. of in and unto the said Capital Messuage Lands and Tenements shall cease and be void And the said Recoveâ—ors and Cognizees and their Heirâ— or the Survivor or Survivors of them his and their Heirs shall stand and be seized of Proviso to make void a use limited to the Wife in case she go about to depart with her Estate and to limit over the said uses the said Capital Messuage Lands Tenements and Hereditaments with the Appurtenanees whereof such use was as aforesaid limited unto the said E. and of every part and parcel thereof to the use and behoof of the right Heirs of the said A. B. for ever 4. Provided alwaies nevertheless and it is agreed by and between the said Parties to these presents that if it shall fortune that the said E. B. shall at any time hereafter during the Life of the said A. B. be fully resolved and determined jointly with the said A. B. or otherwise by any ways or means directly or indirectly to levy any Fine or suffer any Recovery or do or assent to do any act or thing by matter of Record or otherwise whereby the Estate before limited of and in the Premisses to her the said E. B. for Term of her Life or any lesser Estate derived out of her said Estate of and in the said Capital Messuage Lands and Premisses or any part or parcel thereof shall or may pass or be altered taken away charged incumbred or devested out of or from the said E. B. and shall attempt or go about to put inure any such full and perfect resolution and determination that then and immediately after such attempt or going about the said use and Estate for Life of and in the Premisses before limited and appointed to the said E. B. as touching all the same Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made shall cease and be void as touching and concerning the said E. B. and that then and from thencefotth the said Fine and Recovery conveiance and conveiances to be had and made to the said C. D. and E. F. and to their Heirs or the Heirs of one of them after the said Estate for Life before limited and appointed to the said A. B. ended and determined shall be and the said C. D. and E. F. and their Heirs and the Heirs of either of them shall stand and be seized of and in all the said Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made to the use and behoof of C. B. Son and Heir apparent of the said A. B. and of D. B. second Son of the said A. B. and their Heirs for and during the Life of the said E. B. to the end intent and purpose that they the said C. B. and D. B. and the Survivor of them or the Heirs of the Survivor of them after the decease of the said A. B. in case the said E. shall happen to overlive the said A. B shall or may grant over their Estate to the said E. B. in the Premisses within 6 Weeks after the decease of the said A. B. And that after the decease of the said A. B. and the said E. B. then the said Fine and Recovery and other Assurances shall be and remain as to the said Capital Messuage Lands and Tenements to the uses and behoofs before in and by these presents lymitted and appointed to begin and take place after the decease of the said A. B. and E. his Wife 5. To the use of the said A. B. for the Term For Years determinable upon a Life of his natural Life and from and after his decease to the use and behoof of the said C. B. one of the younger Sons of the said A. B. for the Term of 60. Years to commence immediately from and after the decease of the said A. B. if he the said C. B. shall and do so long live and from and after
Provided Alwayes and it is fully concluded Proviso to preserve Estates to Children en ventre samere c. vide Sect. 15. condescended unto granted and agreed by and between all the said Parties to these presents for them and every of them and for their and every of their Heirs and the true intent and meaning of these presents is notwithstanding any limitation of the use and uses aforesaid That if it shall hereafter happen the said A. B. or the said C. B. F. B. G. B. and H. B. Sons of the said A. B. or any of them or any of the Issue Male of the several Bodies of them or any of them inheritable or which shall be inheritable of or to the Premisses before mentioned by Force of these presents and of the uses before limited and expressed or of or to any part or parcel thereof to die and depart this World The Wife or Wives of them or any of them being with Child or concerned with Child at or before the Time of his or their Death of or with any such Son or Sons or Issue Male as by the true intent and meaning of these presents or of any the limitations or declarations of the use or uses aforesaid should or ought after the decease of his or their Father to have had any Estate or use of or in the Premisses or any Part thereof if such Son or Sons or Issue Male had been born in the Life-Time of his or their Father that then and from and after the Birth of every such Son or Sons or Issue Male the said several Fines and Recoveries c. Covenanted or mentioned to be had levied knowledged or suffered of the said Premisses as aforesaid shall be and shall be adjudged construed and taken to be and also that they the said C. D. E. F. here name the Recoverors Cognizees or Feoffees and their Heirs and the Survivor of them and his Heirs shall stand continue and be seized of all and singular the Mannors Messuages Lands Tenements Rents Reversions and Hereditaments and every part and parcel thereof or of or in so much of the said Mannors Messuages c. Whereof or wherein every or any such Son or Sons or Issue Male so to be born should or ought by the true intent and meaning of the Limitations or Declarations of the use and uses aforesaid or any of 〈◊〉 after the Death of his or their Father to have had any Estate or use in the same If such Son or Sons or Issue Male had been born in the Life-time of his or their said Father to and for the use of every such Son and Sons or Issue Male so to be born as is aforesaid and that of and under every such Estate Degree Order Course Quality Condition and Limitation in all and every respects and to an intents and purposes as if every such Son or Sons or Issue Male had been born in the Life-time or Lives of his or their said Father and with such Remainders and Limitations over in use as is before in or by these presents expressed 15. To the use and behoof of the said A. B. Other Limitations in Taile to the brothers of the Feoffor c. and of the Hoirs Males of his Body lawfully begotten and to be begotten and for default of such Issue then to the use and behoof of C. B. Brother of the said A. B. and of the Heirs Males of his Body lawfully begotten and to be begotten and for default of such Issue then to the use and behoof of D. B. one other of the Brothers of the said A. B. lawfully begotten and to be begotten And for default of such Issue to the use and behoof of A. B. one other of the Brothers of the said A. B. and of the Heirs Males of the Body of the said F. B. lawfully begotten and to be begotten And for default of such Issue then to the use and behoof of the right Heirs of the said A. B. for ever 11. To the use and behoof of the faid A. B. the Feoffor c. for and during the Term of his natural Life and from and after his decease to the use and behoof of the said C. B. Son and Heir apparent of the said A. B. for and during the Term of his natural Life without impeachment of or for any manner of wast and with full power to commit wast and from and after the decease of the said C. B. and of the said A. B. to the use and behoof of E. B. eldest Son of the said C. B. and of the Heirs Males of his Body lawfully begotten and to be begotten and for default of such Issue to the use and behoof of the third Son of the Body of the said C. B. on the Body of I. B. his now Wife begotten or to be begotten and of the Heirs Males of the Body such third Son lawfully to be begotten c. So to the 4. 5. 6. 7. c. Sons and for default of such Issue to the use and behoof of all and every other Son and Sons of the Body of the said C. B. on the Body of the said I. B. to be begotten successively as they shall be in priority of Birth and seigniority of Age and of the Heirs Males of their several and respective Bodies lawfully to be begotten and for default of such Issue to the use and behoof of F. B. second Son of the said A. B. and of the Heirs Males of the Body of the said F. B. lawfully to be begotten c. so to other the Sons of A. B. And for default of such Issue to the use and behoof of the Heirs Males of the Body of G. B. deceased late Father of the said A. B. lawfully begotten and for default of such Issue to the use and behoof of the Heirs Males of the Body of M. B. deceased Grand-father of the said A. B. and for default of such Issue to the use and behoof of the right Heirs of the said C. B. for ever 12. And it is covenanted condiscended and Use en Fee determinable agreed by and between the said Parties to these presents that the said Recoverie so to be had and executed as aforesaid and the execution thereof shall be and that all other Recovery and Recoveries Fine and Fines to be had suffered levied or executed of the Premisses or any part and parcel thereof within one Year after the making and executing of the said Estate of the Premisses to the said C. D. and E. F. and their Heirs as aforesaid shall be and that the said C. D. and E. F. and their Heirs and all and every other Person or Persons and his or their Heirs which at any time hereafter shall be seized of the said Messuages or Tenements and other the Premisses with the Appurtenances and of every or any part thereof by vertue of any Recovery or Recoveries Fine or Fines as aforesaid shall stand and be seized of all and
payment thereof by the said A. B. or by the said person or persons in Reversion or Remainder And so that the said Lessees and And so that the Lessee perform the Conditions in such Lease mentioned Cognizees to stand seised of the Reversion and of the thing as it falls into possession Grantees their respective Executors Administrators and Assigns do well and truly perform the Conditions to be comprised in the Indenture or Indentures of their said several Leases Demises or Grants according to the effect intent and true meaning of the same Indenture or Indentures And that the said C. D. and E. F. c. and their heirs shall stand and be seised of the Reversion and Remainder Reversions and Remainders of the said Messuages Lands Tenements and Hereditaments so to be leased or granted as aforesaid and after the end or determination of such Lease or Leases then of the said Messuages Lands Tenements and Hereditaments so to be leased or granted to such uses and intents as the said C. D. E. F. c. should have stood or been thereof seised by the purport intent and true meaning of these presents if no such Lease or Grant had been thereof made and that of and for such Estate and Estates in such order and degree with the same Remainder and Remainders and in such manner and form to all intents and purposes as they should have stood and been thereof seised by the purport and true meaning of these presents if no such Lease or Grant had been thereof had or made 16. After uses limited as followeth viz. Another for such Term and under-Rent or no Rent as Lessor pleaseth to the use of the said A. B. for and during the term of his natural life without impeachment of waste c. with Remainders over Provided always and it is agreed by and between all the parties to these presents and by them and every of them hereby declared to be their true intent and meaning that it shall and may be lawful to and for the said A B. at any time or times during his natural life to make any Demise Lease or Grant Demises Leases or Grants by Indenture or Indentures to be by all the parties thereunto duly executed of all or any part of the said Messuages Lands or Premisses either in possession or reversion or otherwise to any person or persons whatsoever for any term or terms of years or for the life or lives of any one or more person or persons or for any term or terms of years determinable upon the death or deaths of any one or more person or persons or for any other term or terms of years whatsoever as by the said A. B. shall be thought fit or convenient And that from and immediately after the making Cognizees c. to stand seised to the use of Lessees and executing of such Demise Lèase or Grant Demises Leases or Grants the said C. D. E. F. c. and the survivors and survivor of them and his and their heirs shall stand and be seised of all or such part and so much of the said Messuages Lands Tenements and Premisses as shall be at any time or times hereafter leased or demised as aforesaid to the use of such person or persons â—espectively to whom any such Demise Lease or Grant shall be so made for such Estate term and interest and in such manner and form as the same shall happen to be so leased demised or granted according to the true intent and meaning of these presents and of every such Demise Lease or Grant So as such Lessee or Lessees Grantee or Grantees during his or their several Lease or Leases Grant or Grants So as Lessees pay their Rents or Interests respectively do pay or cause to be paid the Rent or Rents or sum or sums of money reserved or appointed to be paid in and by the Indenture or Indentures of his and their Lease and Leases Grant and Grants respectively to such person or persons to whom the same from time to time shall by the purport and true meaning of these presents belong or appertain according to the purport and true meaning of such Lease and Leases and that the said C. D. and E. F. c. shall stand and be seised of the Reversion vide Sect. 15. c. 17. Provided always that it shall and may Another for 21 years or 3 lives under the ancient Rents and chargable with Rents c. before charged c. be lawful to and for the said A. B. being Cestuy que use for life from time to time and at all times hereafter during the term of his natural life by his Deed or Deeds lawfully executed or otherwise by his last Will and Testament in writing to Lease Grant or Demise give dispose limit or appoint to any Person or Persons whatsoever All every or any the said Mannors Messuages Lands Tenements Hereditaments and Premisses with Th' appurtenances the chief House called B. and the Demesnes of the said Mannor of B. before in and by these presents limited expressed and declared for the Ioynture of the said M. onely excepted for and during the term of One and twenty years or for some shorter or lesser Term of years or for the term of one two or three lives or for any number of years determinable upon one two or three lives charged Charged with Rents and Payments c. nevertheless or chargable with such Rents sums of Mony and Payments as before or after in these presents are appointed limited or declared to be payed levyed or issuing out of the same or any part thereof as in these presents is mentioned and declared so that all and every such Lease and Leases Devise and Devises or any of them be not made to be without impeachment of Waste Not to be made without impeachment of Waste by any special Clause Proviso or Covenant therein to be contained and that every such Lease Grant Demise or Devise so to be made be made of Lands or Tenements in Possession usually letten to farm by the space of Twenty years last past and not of any Lands in Reversion And so that upon every such Grant lease devise or demise the old and accustoâ—ed Rent and Rents Boons Arrearages Customes and Old Rent or more to be reserved Services or more be reserved to be due and payable during the continuance of every such Demise Lease Grant or Devise at the days and times and in such manner and form as the same have been accustomed Or thus So as upon every such Grant Lease Demise or Devise for life or lives or years to be made the old and accustomed Rents Duties and Services or more be yearly reserved and payable during the said Terms unto such to whom the immediate Reversion or Remainder of the Mannors Messuages and Lands so leased or devised shall be and who ought to have and receive the said Rents Duties and Services by the intent and true
Feoffor until default of payment and after to the use of him that should have had the Rent Another Form First By limiting the Lands to Uses chargeable with the Rents and after the Rent it self c. vide Sect. 5. And as touching and concerning the said Messuage and Lands Charges with the said Rent as aforesaid saving and reserving the said yearly Rent of Fifty pounds unto the said C. B. and his Assigns according to the Estate to him thereof and therein before limited and saving and preserving liberty for him the said C. B. to enter and distrain on the Premisses or any part thereof for non-payment of the said Rent as aforesaid to the use and behoof of the said A. B. his Heirs and Assigns until default of payment of the said yearly Rent or any part thereof by the space of one Moneth next following after either or any of the said Feasts or days of payment And from and after such default of payment to be made as aforesaid to the use of the said C. B. and his Assigns for and during the term of his natural life And from and after his decease then to the use of the said A. B. his Heirs and Assigns forever 8. This Indenture c. Between A. B. of the first part C. D. E. F. and G. H. of the second part and C. B. Son and Heir apparent of the said A. B. and M. the now Wife of the said C. B. of the third part Whereby A. B. is to Covenant to levy a Fine or make a Feoffment c to C. D. E. F. and G. H. Then add And it is hereby declared and agreed by and between all the said parties to these presents That the said Fine c. so to be levied as aforesaid shall be and enure c. and then set down the Vses of part of the Mannors Messuages and Lands contained in the Fine or other Conveyance Then proceed thus And of for and concerning all and singular the rest and residue of the said Mannors Messuages Lands Tenements Hereditaments and Premisses whereof the said Fine or Fines before by these presents is Covenanted to be levi'd by the said A. B. as aforesaid other then such only whereof the several Estates and Vses are severally expressed limited and declared before by these presents To the Uses chargeable with the Rent use and behoof of him the said A. B. and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste nevertheless to be charged and chargeable with such yearly Rents or sums of money and Distresses for the same as shall be hereafter in these presents limited and expressed according to the true intent and meaning of these presents and after the decease of the said A. B. then to the use and behoof of the said C. B. and M. his Wife and the Heirs of their bodies lawfully begotten and to be begotten charged and chargeable as aforesaid And for default of such Issue then to the use and behoof of D. B. second Son of the â—â—id A. B. and of the Heirs males of the body of the said D. B. lawfully to be begotten to be charged nevertheless and chargeable with the yearly Rents Payments and Distresses hereafter mentioned and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever to be charged likewise and chargeable as aforesaid 9. Provided nevertheless and it is the Câ—gnizees to stand seised for the assurance of Rents true intent and meaning of all and every the said Parties and of these presents That the said Fine and Fines to be levied of the said Mannors c. shall be and enure and the said C. D. E. F. and G. H. and their Heirs and the survivors and survivor of them and his and their Heirs shall stand and be seised of and in the said Mannors or Lordships of c. being of the clear yearly value of Three hundred pounds as well to and for the assurance of such Rents and Payments as hereafter in these presents are expressed as also to and for the use intent and purpose That the several person or persons to And the parties upon default may distrain whom the said Rents and yearly Payments are hereafter limited and appointed or that shall or may hereafter be intitled to have and receive such Rent or Rents by force of any the Limitations and Appointments herein after contained or any Power or Authority hereafter given and expressed may upon default of payment of the said Rent or Rents or yearly Payments enter and distrain on the said Mannors c. as hereafter is set down and expressed and according to the true intent and meaning of these presents that is to say to the end intent and purpose That if the said A. B. during the term of his natural life or his Assigns shall not or do not yearly well and truly content satisfie and pay unto the said C. B. and M. his Wife and the survivor of them during the natural life of the said A. B. the yearly Rent or sum of Fifty pounds of good and lawful money of England at two Feasts or days in the year that is to say at the Feast of the Annunciation of St Mary the Blessed Virgin and St. Michael the Archangel by even and equal portions That then and so often as the said yearly Rent or Payment of Fifty pounds or any part or parcel thereof shall so fortune to be bâ—hâ—nd and unpaid it shall and may be lawful to and for the said C. B and M. his Wâ—fe or either of them their or either of their Assign or Assigns Deputy or Deputies at all times during the life of the said A. B. into all and singular the said Mannors c. with the Appurtenances and into every or any part or parcel thereof to enter and distrain as well for the said yearly Rent or payment of Fifty pounds or any part thereof so to be behind or unpaid as aforesaid As also for the Arrearages of the same and of every or any part thereof if any shall fortune to be behind or unpaid as aforesaid and the Distress and Distresses so there to be taken to lead drive take carry away impound and with them or either or any of them to detain and keep until such time as the said yearly Rent or payment of Fifty pounds and every part and parcel thereof so to be behind or unpaid as aforesaid and the Arrearages thereof if any shall happen to be behind or unpaid be unto them or some or one of them fully contented satisfied and paid 10. Provided also and it is also Covenanted Proviso to give Tenant for life power to grant Rents granted concluded and agreed by and between all the said Parties to the presents That it shall and may be lawful to and for the said A. B. at any time or times during his natural life by any
Deed or Deeds in writing under his Hand and Seal duly executed or otherwise by his last Will and Testament in writing to grant assure limit devise or appoint to every or any the younger Sons of the said A. B. of his body lawfully begotten or to be begotten for term of life only of every such younger Son or Sons such yearly Rent charge or Rents charge to be issuing out of the said Mannors c. with a clause of Distress in or upon the said Mannors or any part thereof for every such Rent or Rents as unto the said A. B. shall be thought meet So that the said Rent or Rents to be granted assured or devised in the whole exceed not the yearly sum or yearly payment of One hundred pound And that in Cognizees to stand seized to assure Grants made of Rents every such case the said C. D. E. F. and G. H. their Heirs and Assigns shall stand and be seized of the Premisses to the further use purpose and intent that such younger Son or Sons to whom such Rent or Rents shall be granted or devised as aforesaid shall and may have perceive and enjoy the said yearly Rent or Rents according to the purport and effect of such Grant and Grants Devise or Devises and shall and may Distrain for the said yearly Rent and Rents and for the Arrearages thereof so often as the same shall happen to be behind or unpayed in and upon the said Mannors c. out of which the same shall be limited and appointed and which shall be made chargable therewith by such Deed or Deeds or last Will as aforesaid 10. Provided alwaies and it is granted Power to make Leases for raising of Portions for Daughters Covenanted concluded condescended and agreed by and between all the said Parties to these presents and it is the true intent and meaning of these presents and of all the said Parties thereunto that it shall and may be lawful to and for the said A. B. being the Feoffor to whom an Estate for life is limited with Remainders over c. during the Term of his natural life by Deed or Deeds Indented to be by him sealed and duly executed in the presence of two or more credible Witnesses to make any Lease or Leases Demise or Demises of all or any part of the said Mannors Lands Tenements and Premisses with Th' appurtenances for the term of One and twenty years or under with reservation of Rent or without reservation of Rent at his will and pleasure unto any person or persons whatsoever The Trust to raise portions upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said A. B. shall happen to have and not otherwise provided for that is to say If one Daughter onely then for the raising of Fifteen hundred pounds for that Daughter and if more than one Daughter then for the raising of Seven hundred pound a piece for each and every one of the said Daughters and that all and every such Lease and Leases Demise and Demises so to be made as aforesaid shall be good and effectual in the Law to all intents and purposes and that the said Fine or Fines so as aforesaid or in any other sort to be levyed shall be and inure and the Cognizee and Cognizees therein named his and their Heirs shall stand and be seized of and in such part and so much of the said Mannors Messuages Lands and Premisses as shall be so demised or leased as aforesaid and of every part and parcel thereof to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be Demised or Granted as aforesaid And after the end and determination of the Estate and Estates in such Demise or Demises Lease or Leases to be contained and as the same shall severally end and determine to the use of such person and persons to whom the same ought to remain and come by the true intent and meaning of these presents 11. After a Limitation to A. the Cognizor A Limitation of part to the Cognizees to pay Portions for life and with Remainder in Tail to his Sons as to part of the Mannors c. in the Fine contained and as to the other part after a Limitation to E. B. Wife of A. B. for life if she survive her Husband for her Ioynture Then add And as for and concerning all and singular the Premisses before limited to and for the Ioynture and Livelyhood of the said E. B. with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof from and after the decease of the said A. B. and E. B. his Wife to the use and behoof of the said C. D. E. F. and G. H. their Executors Administrators and Assigns for and during the term of One and twenty years from thence next ensuing and fully to be compleat and ended upon Trust and confidence and to the uses intents and purposes hereafter mentioned limited and declared in and by these presents viz. That in case the said A. B. shall at the time of his decease have living one two or more Daughters of his Body on the Body of the said E. B. lawfully begotten or to be begotten that shall not be then prefer'd in Marriage or if the said A. B. shall at the time of his decease leave the said E. B. with Child with one or more Daughter or Daughters who shall after be born alive that then the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors Administrators and Assigns out of the Rents Issues and profits of the said Messuages Lands Tenements and Hereditaments with Th' appurtenances so to them limited and appointed for The Portions to be paid years as aforesaid shall raise and levy so soon as conveniently may be for the portion of such Daughter if there be but one the sum of One thousand pounds of lawful Moneys of England to be payed to such onely Daughter at her age of Eighteen years or day of Marriage which shall first happen or so soon after as the said sum of One thousand pounds can be raised as aforesaid And if there shall be two Daughters The sum of Five hundred pounds a piece or if there be three or more Daughters the sum of Three hundred pounds a piece to be payed to them respectively and severally at their several and respective Ages of Eighteâ—â— years or days of Marriage which shall first happen or so soon after as the same can conveniently be raised as aforesaid 12. And upon this further trust and confidence If Daughters die before Portions paid how to dispose the Moneys And to the intent and purpose that if it shall happen the
said sum and sums after the Rate of Six pounds per Centum for every year that the same shall be unpaid to be accounted from the end of the four years before-mentioned for payment thereof for the forbearance of the said sum and sums or such part thereof as shall be unpaid as aforesaid And it is likewise meant intended and agreed that after the said sum and sums of Mony with Interest for the forbearance thereof shall be truly paid to the said younger Sons and Daughters they the said C. D. E. F. and G. H. their Executors Administrators and Assigns shall yeild and After the Portions paid to yeild up their interest c. deliver up the Premisses and all their Estate and Interest therein to such Person and Persons to whom the same next and immediately after the expiration of the said Term by the true intent and meaning of these presents shall appertain pursuant to the Trust in them and every of them herein and hereby reposed 21. Provided always and it is concluded Another to pay Portions by power given to grant Annuity or Rent-Charge and agreed by and between all the said parties to these presents That it shall and may be lawful to and for the said A. B. at any time during the term of his natural life by his Deed in Writing under his Hand and Seal duly executed to give grant limit and appoint unto such person or persons as shall to him seem meet and his and their Heirs one Annuity or yearly Rent of Four hundred pounds per annum to be issuing and going out of all and every the Mannor Messuages Lands and Tenements before mentioned with a Clause of Distress for the same or any part thereof when and so often as the same shall be unpaid upon all or any the said Mannor Messuages and Lands in such Writing or Deed to be contained Habendum the said Annuity or yearly Rent-Charge of Four hundred pounds unto the said person or persons and his and their heirs until such time as the sum and sums of money hereafter mentioned shall or may therewith be paid and fully satisfied under and upon such limitations trusts and confidences as hereafter in these presents are contained and expressed the same yearly Rent to be paid at the Feasts of the Annunciation of St. Mary the Blessed Virgin and of St. Michael the Archangel by even and equal Portions and the first Payment thereof to begin at such of the said Feasts as shall happen next after the The trust decease of the said A. B. upon special trust and confidence nevertheless That the said person or persons to whom the said yearly Rent shall be granted as aforesaid and his and their Heirs shall out of and with such sum and sums of money as shall and may be received and had thereof content and pay or cause to be contented and paid as well to the Daughter and Daughters of the said A. B. upon the body of the said E. his Wife lawfully begotten or to be begotten which shall be living at the To pay to the Daughters 300 l. a piece time of the decease of the said A. B. and not then married the full sum of Three hundred pounds a piece for and towards their advancement and preferment in Marriage or otherwise As also to such of the said Daughters of the said A. B. as shall be married in his life-time and whose Marriage-money not exceeding the sum of Three hundred pounds agreed upon by him in his life-time shall be unpaid in part or in the whole at the time of his decease such sum and sums of money as together with such part of the said Marriage-money which shall be paid in the life-time of the said A. B. if any be shall extend to be for every such Daughter Three hundred pounds a piece in the whole the same to be first paid and discharged according to such Covenants Bonds and Agreements as shall be made or entred into by the said A. B. in that behalf And then the other sums aforesaid How to be paid to be levied and paid to every other of the said Daughters successively according to the order and priority of their age and birth And it is further concluded and agreed by and between the said Parties to these presents That The parties to stand seised to the end thâ— Grantee may have or distrain for the Rent the said Conveyances and Assurances to be made and executed as aforesaid shall be and inure And the said C. D. E. F. and G. H. and their Heirs shall stand and be seised of all and every the Mannor Messuages Lands and Premisses before mentioned so to be charged to the end intent and purpose That every such person and persons to whom any such Rent shall be granted limited and appointed according to the true intent and meaning of these presents his and their Heirs and Assigns shall and may from time to time have perceive and enjoy the said Rent according to the purport and effect of such Grant limitation or appointment and may from time to time for non-payment of the said Rent or any part thereof enter into and upon the said Mannor Lands and Tenements so to be charged and distrain for the same and the Arrerages thereof as in case of a Rent-Charge and according to the effect and intent of such Grant Limitation or Appointment CHAP. X. Provision taken for Payment of Debts Legacies c. in the limitation of Vses 1. AS for touching and concerning the said Payment of Debts Legacies c. Messuages Lands Hereditaments and Premisses not herein before limited to the use of the said E. B. wife of A. B. for her Ioynture being parcel of the said Messuages Lands and Tenements comprised in the said Fine to the use and behoof of the said C. D. E. F. and G. H. the Cognizees for and during the Term of one and forty years to commence immediately from and after the decease of the said A. B. upon trust and confidence and to the end intent and purpose that the said C. D. E. F. and Term of 41 years limited upon Trust G. H. their Executors Administrators and Assigns shall and may receive perceive dispose and imploy the Rents Revenues Issues and Profits of the said Messuages Lands Tenements and Premisses respectively for and during the said Term of one and forty years for and towards the satisfaction and payment of all such Debts and sums of Mony which the said A. B. To pay Debts and discharge Sureties Payment of Annuities given to Servants shall happen to owe at the time of his Death or for which any Person or Persons shall at the time of the death of the said A. B. stand ingaged for or with the said A. B. and for his proper Debt and for the payment of such Annuity or Annuities as the said A. B. hath granted or shall hereafter grant or limit to be issuing or going out of
the said Messuages Lands Tenements and Hereditaments or any of them after that all and every the said Debts shall be fully satisfied â—o any Person or Persons which is are have been or hereafter shall be the Servant or Servants of the said A. B. for and in respect of their Service or Services done or to be done to the said A. B. And also for and towards the payment of such Legacy and Legacies and sums of Mony which the said A. B. shall by his last Will and Testament in writing to be signed sealed and published before three or more sufficient Witnesses give limit ordain and appoint And upon further Trust and confidence After Debts c. paid to surrender the Estate that they the said C. D. E. F. and G. H. their Executors Administrators and Assigns after all and every the said Debts Ingagements Annuities and Legacies shall be payed and satisfied according to the intent and true meaning of thâ—se presents shall and will surrender and yeild up their said Estate and Interest of and in the Premisses so to them limited as aforesaid and of and in every part and parcel thereof to such Person or Persons to whom the Freehold or Inhâ—ritance of the said Premisses shall next and immediately appertain by the purport and true meaning of these presents And from and after the end expâ—ration surrender or other After expiration or surrender to the use of such as by last Will shall be appointed determination of the said Lease of One and forty years The said Fine shall be and inure and the said Cognizees shall stand and be seized of and in the said last mentioned Premisses to the use and behoof of such Person and Persons and for such Estate and Estates and for such part and parcel as the said A. B. shall by his last Wâ—â—l and Testament in writing in the presence of three or more credible Witnesses â—imit appoint and declare c. 2. To the Vse of the said A. B. and his Another by a use limited to make Sale Vide also Sect. 3 hereafter following which gives direction for disposal of the mean profits until Sale Assigns for and during the term of his natural life without impeachment of or for any manner of Waste and from and after the decease of the said A. B. then to the use of the said C. D. E. F. and G. H. the Cognizees their Heirs and Assigns for ever In trust and for and to this end intent and purpose that they the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Heirs shall and may bargain sell convey or otherwise dispose of the same for and towards the payment a For payment of debts satisfaction and discharge of such Debts and sums of Mony as the said A. B. now or shall at the time of his death owe to any Person or Persons whatsoever And for the discharging b Discharge of Sureties of such Person and Persons as do now stand or which at the time of the death of the said A. B. shall stand bound or ingaged for or with the said A. B. for the said Debts or sums of Mony or any of them And also for the satisfaction c Discharge of Moneys borrowed upon Security of Annuities granted payment and discharge of all such sum and sums of Mony which the said A. B. hath or hereafter shall take up borrow or receive and for or in consideration whereof he hath heretofore granted or hereafter shall grant any Annuity or Annuities or Rent or Rents charge issuing or to be issuing or payable out of the said Mannors Lands Tenements Hereditaments and Premisses or any of them whereby the said Rent or Rents shall or may be determined And also for and towards the payment and d Discharge of Legacies discharge of the Legacies and Bequests which the said A. B. by his last Will and Testament in writing to be sealed subscribed and published by him before three sufficient Witnesses shall give or bâ—queath to any Person or Persons or to any Vse or Vses or so much of such sum and sums Debts and Legacies as the value of the said Mannors Lands and Tenements to be sold as aforesaid shall amount unto And if that any overplus shall be of Moneys made or raised by To pay back the Overplus sale of the said Mannors Lands and Tenements and Hereditaments more then shall be or will be sufficient to satisfie and discharge all the said Debts sums of Mony Legacies and Bequests That then the said C. D. E F. and G. H. their Heirs Executors or Administrators shall and will pay and deliver the same overplus which shall remain of the Sale or Value of the said Mannors Lands Tenements and Hereditaments unto the Executors or Administrators of the said A. B. And further upon this Trust and confidence That if such Person or Persons that If next Heir discharge or give Security to pay the Debts Legacies c. the Trustees are to convey back to him shall be next Heir at Law unto the said A. B. shall within one year next after the death of the said A. B. well and truly satisfie pay and discharge all the aforesaid Debts sums of Mony and Legacies and Bequests which by the true intent and meaning of these presents are limited intended or expressed to be paid for out of or in respect of the said Mannors Lands Tenements Hereditaments and Premisses or shall give or make to the said C. D. E. F. and G. H. or the Survivors or Survivor of them good and sufficient Security for the payment of all and every the said Debts sum and sums of Mony Legacies and Bequests which by the true intent and meaning of these presents are before expreâ—t to be paid That then the said C. D. E. F. and G. H. and their Heirs and the Survivors and Survivor of them his and their Heirs and Assigns shall and will at the Cost and charges in the Law of such Person or Persons as shall be next Heir at Law unto the said A. B. convey and assure the said Mannors Messuages Lands Tenements Hereditaments and Premisses to the said Person or Persons his and their Heirs or Assigns by such good and sufficient Conveyance and Assurance in the Law with several respective Warranties onely bâ— every of them the said C. D. E. F. and G. H. severally and respectively against themselves and their several and respective Heirs as by such Person or Persons his or their Heirs or Assigns or his or their Councel learned in the Law shall be reasonably devised advised and required 3. And as for touching and concerning the Another to make Sale c. said Mannors Lordships Messuages Lands Tenements and Hereditaments with their and every of their Appurtenances in the said County of M. to the use and behoof of the said C. D. E. F. and G. H. the Cognizees c. and of their Heirs and
the said C. B. in lieu and recompence of such Lands Tenements and Hereditaments in D. aforesaid as are before in and by these presents intended or agreed to be conveyed and assured unto the said E. B. for and during the Term of her natural life in such manner and form as is aforesaid That then the said Estate The alteration of the use for life hereby limited and appointed to or for the said E. B. of in and to the said Lands Tenements and Hereditaments and all and singular other the Premisses in D. aforesaid shall cease determine and be utterly void frustrate and of none effect And that then and from thenceforth the said Recovery and Recoveries c. shall be and shall be adjudged deemed and taken to be and the said Recoverors c. and every of them their and every of their Heirs shall and will stand and be seized and be adjudged deemed and taken to stand and be seized from and after the decease of the said C. B. of and in such and so much of the said Lands and Tenements and other the Premisses in D. aforesaid as is limited and appointed before in and by these presents to or for the use of the said E. B. for term of her life as aforesaid to the only use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said C. B. on the Body of the said E. B. lawfully begotten and to be begotten and for default of such Issue then to such further use and uses behoofs intents and purposes as be thereof before in or by these presents expressed and declared and to none other use or uses intents or purposes whatsoever Any thing before in these presents contained to the contrary thereof in any wise notwithstanding 3. This Indenture c. Between A. B. To alter the Use upon non-payment of an Annuity or Rent vide Chap. 9. of the first part C. D. and E. F. of the second part and G. H. of the third part Let there be first a Covenant from A. B. to leâ—y a Fine sur cognizance de droit come ceo c. of all that Mannor c. to C. D. and E. F. Then add And it is Covenanted agreed condescended unto and declared by and between all the said parties to these presents That the said Fine so to be acknowledged and levied as aforesaid shall be and inâ—re and the said C. D. and E. F. their Heirs and Assigns and the survivor of them and his Heirs and Assigns shall stand and be seised of the said Mannor c. and all other the Premisses to the uses intents and purposes hereafter mentioned that is to say to the end intent and purpose That the said G. H. and his Assigns shall and may yearly during his natural life lawfully and peaceably have perceive and take out of the said Mannor c. and all other the Premisses one yearly Rent of Two hundred pounds per annum of lawful moneys of England at two usual dayes or Feasts in the year that is to say the Feasts of c. with a Clause of Distress c. vide Chap. 8. Sect. 5. 4. And further That if it shall happen Upon non-payment to enter the said yearly Rent of Two hundred pounds or any part thereof to be behind or unpaid by the space of Thirty days next after either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid being lawfully demanded That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns into the said Mannor c. and Premisses and every part and parcel thereof to enter and the same to have hold and enjoy for and during the term of his natural life And that immediately from and after such Entry made the said C. D. and E. F. the Feoffees or Cognizees their Heirs and Assigns and all other person and persons whatsoever Cognizees after Entry to stand seised to Grantees use Another which now are or at the time of such default made shall be seised of and in the said Mannor c. shall stand and be seised thereof and of every part and parcel thereof to the use and behoof of the said G. H. and his Assigns for and during the term of his natural life c. with remainders over c. 5. And that if it shall happen the said yearly Rent of c. to be behind or unpaid in part or in all by the space of Thirty days next after either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid being lawfully demanded That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns into the said Mannor c. and every part and parcel thereof to enter and the same to have holâ— and enjoy until he shall out of the Rents issues and profits thereof have levied and received the said Annuity of c. and all and every the arrears The party to have the Land until satisfied of the Rent and Arrearâ— thereof together with such reasonable costs charges and expences as the said G. H. or his Assigns shall be at in the levying and receiving of the same And that then and from thenceforth after such default and Entry made as aforesaid the said C. D. and E. F. the Cognizees and their Heirs shall stand and be seised of the said Premisses and of every part and parcel thereof to the use and behoof of the said G. H. and his Assigns for during and until such time as the said G. H. or hâ—s Assigns shall and may lawfully hold and enjoy the Premisses according to the intent and true meaning of these presents c. 6. Provided alwayes That if the said Another to make void and alter a Use upon Marrâ—age without Fathers consent C. B. or any of the Sons of the said A. B. lawfully begotten or to be begotten which shall fortune to be Heir apparent of the said A. B. shall in the life-time of the said A. B. marry or take to Wife any Woman or contract Marriage with any Woman without the consent of the said A. B. first had and obtained in Writing thereunto That then the Estate Vse remainder and possession of every such person and persons so marrying or contracting shall cease determine and be void And that yet nevertheless all other the several Vses Estates and Remainders by these presents limited and expressed of and for the said Mannors c. shall stand remain and continue in full force and effect And the said Fine so to be had and levied as aforesaid shall be und inâ—re and the said Cognizees therein to be named and the survivor of them and his Heirs shall stand and be seised of the said Mannor c. in the said Fine to be contained to the use and behoof of such other person
or persons as should or ought to have had the same by the true intent and meaning of these presents next after the determination of the Estate of the same person or persons so marrying or contracting in such manner and form and of such Estate and Estates as is herein before limited any thing herein before contained to the contrary hereof in A Rent to cease upon a Daughters Marriage without Fathers license or his payment to her a Portion any wise notwithstanding 7. And it is Covenanted concluded and agreed by and between all the said parties to these presents for them and every of them their and every of their Heirs and Assigns And it is the true intent and meaning of the said Feoffment Fine and other assurance of the said Premisses so made as aforesaid That they the said C. D. E. F. and G. H. shall stand and be seâ—sed of the said Mannor and of all and singular other the Premisses to the uses intents and purpose following that is to say to the use intent 〈◊〉 purpose that the said C. B. the Son of the Feoffor A. B. and his Assigns shall and may receive yearly c. And also to the use intent and purpose That K. B. one of the Daughters of the said A. B. shall and may yearly during the term of her natural life have and perceive out of the said Premisses one yearly Rent of Forty pounds per annum of good and lawful money of England to be paid at the Four usual Feasts of the year that is to say at the Feasts of the Annunciation of St Mary the Blessed Virgin St. Ioâ—n the Baptist St. Michael the Archangel and the Nativity of our Lord and Saviour Iesus Christ by even and equal portions And if it shall happen the said yearly Rent of Forty pounds or any part thereof to be behind or unpaid at any of the said Feasts or days of payment whereon the same ought to be paid as aforesaid That then the said K. B. and her Assigns during the life of the said K. shall and lawfully may enter and distrain in and upon the said Premisses or any part thereof for the same so being behind as for a Rent-charge to all intents and purposes 8. Provided alwayes That if the said The Proviso K. B. shall during the life-time of the said A. B. happen to marry without the consent of the said A. B. to such Marriage first had and obtained Or if the said A. B. shall or do at any time during his natural life bestow upon the said K. in Marriage or otherwise the sum of Five hundred pounds of lawful moneys of England That then and from thenceforth the said Annual sum of Forty pounds per annum shall cease and be determined to all intents and purposes whatsoever 9. To the use and behoof of the said A. B. To alter an Use limited to the Wife upon her claim of Dower for and during the term of his natural life without impeachment of or for any manner of waste and from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the term of her natural life and from and after the decease of the said A. B. and E. B. and of the survivor of them to the use and behoof of the right Heirs of the said A. B. for ever Provided always and it is the true intent The Proviso to alter the Use and meaning of these presents That if the said E. B. shall or do at any time or times after the decease of the said A. B. in case she shall fortune to survive him commence or cause to be commenced any Action or Suit for any Dower out of or in all or any of the Mannors Land Tenements or Hereditaments of the said A. B. or whereof he was seised of any Estate of Inheritance during the coverture between her and the said A. B. and shall not hold her self satisfied with the Lands and Tenements aforesaid limited meant and intended to and for her Ioynture and in satisfaction of her Dower That then and immediately from thenceforth the said Vse and Estate herein before limited to the said E. B. shall cease determine and be void to all intents and purposes and that then and from thenceforth the said Cognizees shall stand and be seised of the Premisses and of every part thereof to the use and behoof of the right Heirs of the said A. B. according to the Limitation aforesaid 10. To the use and behoof of the said A. B. Another for and during the term of his natural life and from and after his decease to the use and behoof of E. B. now wife of the said A. B. for and during the Term of her natural life or until such time as she the said E. B. or any other by her allowance or appointment shall by any publick act by her him or them to be done or permitted to be done seek endeavour or put in practice to obtain any Dower of in or to any the Lands Tenements or Hereditaments of the said A. B. or whereof he was seized of any Estate of Inheritance during the Coverture between him and the said E. B. and immediately from and after such publick act as aforesaid or after the decease of the said E. B. and A. B. to the use and behoof of the right Heirs of the said A. B. for ever 11. Let there be a Covenant from A. B. to To alter a Use upon Non-payment of a sum in gross levy a Fine to C. D. and then add as followeth which said Fine so to be had and executed as aforesaid of all and every the said Messuages Lands Tenements Hereditaments and Premisses shall be and inure and shall be deemed construed and taken to be and inure to the onely use and behoof of the said C. D. his Heirs and Assigns for ever 12. Provided alwaies nevertheless That The Proviso if the said C. D. his Heirs Executors Administrators or Assigns shall not well and truly content and pay or cause to be well and truly contented and payed unto the said A. B. his Heirs Executors Administrators or Assigns in or upon the c. next ensuing the Date hereof hereof at or in the now dwelling house of the said A. B. scituate in H. aforesaid the sum of One thousand pounds of lawful Moneys of Englands but in payment thereof or of any part thereof shall make default contrary to the true intent and meaning of these presents That then and from thenceforth the use before limited to the said C. D. of for and concerning all and every the said Messuages Lands Tenements Hereditaments â—â—d Premisses and of for and concerning every part and parcel thereof shall cease and determine â—nd that then and from thenceforth the said Fine to be had and executed as aforesaid and the Execution thereof shall be and inure and the said C. D.
c. to be made granted or charged of or upon the Premisses or any part or parcel thereof by the said A. B. for valuable consideration or otherwise by vertue or force of any former Proviso in these presents expressed but that the same and every of them shall stand good according to the purport and true meaning of them and every of them notwithstanding any such Revocation or new Limitation hereafter to be made 6. Provided always and it is hereby explained Power of Revocâ—tion of uses as to particular persons and limiting new and declared to be the true intent and meaning of these presents and of all the parties to the same That it shall and may be lawful to and for the said A. B. and E. his Wife at any time during the Coverture between them by any Writing or Writings Indented to be by them signed and sealed in the presence of Three or more credible Witnesses who shall thereunto subsscribe or indorse their Names or Marks testifying the same to alter change Revoke determine diminish or enlarge all or any the Vse or Vses herein before limited touching or concerning the said Messuage Lands and Premisses herein before limited to the said A. B. and E. his Wife for their lives or any part or parcel thereof And by the same Writing or Writings or by any other Writing or Writings Indented so signed sealed and testified as aforesaid to limit or appoint any other Vse or Vses of the same last mentioned Messuage Lands and Premisses or any part or parcel thereof to the said person or persons or to any other person or persons and of such Estate and Estates as to them shall â—eem meet And in case any such new Limitation or appointment of Vses shall be made That then the said Fine so to be levied shall be and inure and shall be deemed adjudged construed and expounded to be and inure as touching the said Messuage Lands and Premisses last before mentioned and every or any part thereof whereof such new Vse or Vses shall be limited or declared as aforesaid to and for such new Vse and Vses as in and by such Writing or Writings so to be signed sealed and testified as aforesaid shall be expressed limited and declared 7. Provided alwayes and it is the true Another as to particular persons intent and meaning of these presents and of all the parties hereunto That if the said A. B. shall at any time hereafter during his natural life be minded or willing to revoke and make frustrate and void the Vse and Vses limited as aforesaid to the said C. B. and D. B. and their Heirs respectively or to limit raise or appoint any other Vse or Vses for or concerning the Premisses to them herein before limited or any part or parcel thereof And the same his will and meaning shall declare in writing under his Hand and Seal in the presence of Two or more credible Witnesses That then and immediately after such Declaration had and made the said Vse and Vses hereby limited to the said C. B. and D. B. and their Heirs of for and concerning the said Premisses or so much thereof whereof the said A. B. shall make such Declaration shall cease determine and be utterly void And that then and at all times after the said Fine shall be and inure and the said C. D. E. F. and G. H. the Cognizees and their Heirs and Assigns shall stand and be seised of the same Premisses whereof such Declaration shall be made to such other Vse and Vses as the said A. B. either by the same or by any other Writing under his Hand and Seal to be testified as aforesaid at any time during his life shall nominate and appoint 8. Provided alwayes c. That it shall Another whereby power is given to revoke and limit new Uses with consent of Cognizees Fâ— offâ—â—s c. and may be lawful to and for the said A. B. at any time or times during his natural life by his Deed or Deeds Indented to be by him seal'd and delivered in the presence of c. by and with the consent and approbation of the said C. D. E. F. and G. H. or of the survivors or survivor of them his or their Heirs and Assigns testified in writing under his and their Hands and Seals to alter change determine or make void all or any the Estate or Estates Vse or Vses before by these presents limited and appointed except only the Vses hereby before limited and appointed to or for the Ioynture of the said E. B. as aforesaid And that from and after such alteration change Revocation determination or making void thereof or of any part thereof these presents and all other Assurances of the Premisses whatsoever shall be and enure and shall be adjudged deemed construed and taken to be and enure And the said C. D. E. F. and G. H. and their Heirs and Assigns and the Heirs and Assigns of the survivor and survivors of them shall stand and be seised of all and singular the Premisses except before excepted Exception or so much thereof whereof such alteration change Revocation determination or making void shall be had and made as aforesaid to such other use and uses and to the use of such person and persons and for such Estate and Estates and in such sort manner and form as the said A. B. by any such Deed or Deeds Indented seal'd and executed in the presence of c. by and with such consent and approbation as is aforesaid shall declare limit and appoint And from and after such Revocation in default of such Declaration limitation and appointment then to the use and behoof of the said A. B. his Heirs and Assigns for ever 9. Provided always c. That the said A. B. Another with a Clause to preserve Leases shall and lawfully may at any time during his natural life with the licence and assent of the said c. or his Heirs under his or their Hand or Seal or Hands and Seals first had and obtained in writing by the Deed or Deeds of him the said A. B. duly executed in the presence of c. to alter change repeal or revoke the Vses or Limitations before-mentioned or any of them and by the same or afterwards by any other Deed or Deeds to be testified as aforesaid to limit or appoint such part of the said Mannors c. whereof such licence shall be had and procured to be to such Vse or Vses for such Estate or Estates and for such Person or Persons and his or their Heirs as the said A. B. shall by such Deed or Deeds declare limit or appoint And it is agreed by and between the said Parties to these presents That the said Conveyances herein before Covenanted to be had or made as aforesaid shall be and inure and the said Feoffeâ—s and their Heirs after such Licence had and obtained as aforesaid and such Declaration Limitation and Appointment had and
the said A. B. now is and so at the time when the first Estate of and in the said Mannor c. and every part and parcel thereof shall be conveyed and assured to the said C. D. and E. F. their Heirs and Assigns to the uses aforesaid shall stand and be seized thereof and of every part and parcel thereof of a good perfect absolute and indefeasible Estate of Inheritance in Fee-simple or Fee-Tail without any Reversion or Remainder in the Crown or without any Covenant or Use to alter change or determine the same And also that he the said A. B. for and notwithstanding any act or thing done or suffered or to be done or suffered by him to the contrary as aforesaid hath and so at the time of the execution of the said first Estate of and in the said Mannor c. and every part and parcel thereof with their and every of their Appurtenances to the said C. D. and E. F. their Heirs and Assigns shall have full power good right and lawful authority to grant convey and assure the said Mannor c. with their and every of their Appurtenances to the said C. D. and E. F. their Heirs and Assigns to the uses intents and purposes aforesaid 5. And the said A. B. for himself c. doth Another briefly added to a Covenant to stand seised to Uses Covenant c. That he the said A. B. at the time of the sealing and delivery of these presents is and standeth seised of a good perfect and indefeasible Estate in Fee simple of and in the said Mannor Messuages Lands c. and of and in every part and parcel thereof and that he hath full power good right and lawful authority in his own right by these presents to raise limit and appoint the aforesaid several Uses and Estates in manner and form aforesaid 6. And the said A. B. for himself his That the thing setled is free from incumbrances Heirs Executors and Administrators and for every of them doth by these presents Covenant promise and grant to and with the said C. D. and E. F. their Heirs and Assigns and every of them That the said Mannor Messuages c. and all and singular other the Premisses with the Appurtenances now are and be and so at all times hereafter and from time to time shall be remain and continue unto the uses intents and purposes before in and by these presents limited expressed or declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise upon every reasonable request in that behalf to be made well and sufficiently saved defended and kept harmless of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Uses Wills Intails Fines Feoffments Recoveries Statutes Merchant and of the Staple Recognizances Judgments Executions and of and from all other Charges Titles Troubles and Incumbrances whatsoever had made committed or done or to be had made committed or done by the said A. B. or by any other person or persons whatsoever by his means consent or procurement all such Leases particular Estates and Interests as he the said A. B. hath heretofore made to any person or persons whatsoever of or upon the said Mannor Messuages Lands Tenements Hereditaments and other the Premisses or of or upon any part or parcel of them upon which Leases and Estates there is reserved the old and accustomed yearly Rent or Rents or more which shall continue yearly due and payable during the several Terms Estates and Interests aforesaid only excepted and fore-prised 7. After the Covenant that he is owner Another and hath power to settle c. then add And that he the said A. B. shall and will from time to time and at all times hereafter acquit discharge or otherwise from time to time upon reasonable notice and request sufficiently save harmless as well the said Mannor Messuages c. as also all such person and persons to whom any Use or Estate is before by these presents limited or appointed of from touching and concerning all and all manner of former and other Bargains Sales Gifts Grants Fines Feoffments Estates Intails Recoveries Executions Limitations of Use and Uses c. as in the former Covenant 8. And that the said Mannor Messuages Another with Exceptions c. and Premisses and every part and parcel thereof with the Appurtenances now be and are and so from time to time and at all times hereafter for ever shall or may remain or continue unto the uses and intents aforesaid and according to the true intent and meaning of these presents clearly acquitted and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Statutes Recognizances Judgments Extents and Executions and of and from all other Titles Charges Troubles and Incumbrances whatsoever had made suffered or done by him the said A. B. or by any other person or persons whatsoever lawfully claiming by from or under him except one Indenture of Lease bearing date c. made and granted by G. B. late Father of the said A. B. deceased to c. for the term of c. under the yearly Rent of c. if there be more Leases bring them in here And without the let interruption challenge claim disturbance or incumbrance of or by him the said G. B. or any person or persons whatsoever claiming or to claim by or under him or his Estate Right Title or Interest except such person or persons as shall or may claim by or under the Leases before excepted Or thus except such person or persons as shall or may lawfully claim by or under the Leases before excepted or either of them and for the several and respective Terms thereby demised or granted only 9. And the said A. B. for himself his To enjoy Heirs Executors and Administrators doth Covenant and grant c. That he the said A. B. his Heirs and Assigns shall and will permit and suffer the said C. B. and all and every other person and persons to whom the said Mannor Messuages c. and other the Premisses or any part or parcel thereof shall happen to come or of right ought to come by these presents peaceably and quietly to have hold occupy possess and enjoy all and singular the said Mannor Messuages Lands Tenements and Hereditaments before in and by these presents mentioned and expressed without any manner of leâ—t trouble eviction disturbance suit vexation or expulsion of the said A. B. his Heirs or Assigns or any other person or persons whatsoever lawfully having claiming or pretending to have any Estate or Title from by or under the said A. B. his Heirs or Assigns according to the intent form and true meaning of these presents 10. And that he the said C. B. and all and Another to enjoy every other person or persons to whom any Use is before by these presents mentioned intended limited
make account to the Mother the said C. D. and E. F. and the Survivor of them shall from time to time when he or they shall be thereunto required by the said E. yeild and make unto the said E. a just true and perfect account of the said increase or profit arising or growing from or by the said Childrens Portions or sums of Mony In witness c. 13. This Indenture made c. Between A. B. and E. his wife on the one part and C. Joyntures after Marriage had D. and E. F. on the other part witnesseth That for and in consideration of a Marriage lately had and solemnized between the said A. B. and the said E. Daughter of the said C. D. and in performance and accomplishment of such Articles and Agreements that passed and were made upon Consideration the Conclusion of the said Marriage And for the making and assuring of a competent Joynture to and for the said E. in case she shall happen to over-live the said A. B. He the said A. B. for himself his Heirs Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his Wife c. To levy a Fine to C. D. and E. F. sur Cognizance Covenant to levy a Fine de droit come ceo c. of Messuages Lands c. 14. And it is the true intent and meaning of all the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That the said Fine so to The uses be had and levyed as aforesaid of the said Messuages Lands c. shall be and inure and the said C. D. and E. F. and the Survivor of them his and their Heirs shall stand and be seized thereof and of every part and parcel thereof to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life and from and after his decease to the use and behoof of the said E. for and during the term of her natural life for her Joynture and in full For a Joynture and in satisfaction of Dower satisfaction of all such Dower as she the said E. may hereafter have or claim of or out of any Lands Tenements or Hereditaments whereof the said A. B. now is or shall be at any time seized of any Estate of Inheritance during the Coverture between the said A. B. and the said E. And from and after the decease of the said A. B. and E. and the Survivor of them To the use and behoof of the Heirs Males of the Body of the said A. B. on the Body of the said E. lawfully to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever with usual Covenant Then add this Covenant And it is further Covenant to alter the use to the Wife upon her suit for Dower Covenanted granted concluded and agreed by and between the said Parties to these presents That if the said E. after the death of the said A. B. in case she shall happen to over-live him shall disagree to and refuse to accept of the said Messuages and Lands hereby setled on her as aforesaid for and in name of her Joynture and shall commence or sue any Action at Law or Suit for any Lands Tenements or Hereditaments which were the Inheritance of the said A. B. during the Coverture between them for her Dower or upon her Title of Dower That then and from thenceforth from and after the commencement of such Action or Actions Suit or Suits the Uses or Estates herein before limited shall cease determine and be utterly void and then and from thenceforth the said C. D. and E. F. shall stand and be seized of all and every the Premisses aforesaid to the use and behoof of the said A. B. his Heirs and Assigns for ever This Indenture or any thing herein before contained to the contrary thereof in any wise notwithstanding 14. This Indenture c. Between A. B. Another after Marriage by way of Feoffment to uses Consideration of the one part and C. D. E. F. and G. H. of the other part Witnesseth that the said A. B. for and in consideration of a Marriage heretofore had and solemnized by and between the said A. B. and E. his now wife and for the setling of a competent Joynture on the said E. if she shall happen to survive and overlive the said A. B. and for the setling assuring and conveying of all and singular the Mannors Lands Tenements and Hereditaments hereafter mentioned with their and every of their Appurtenances in the Name and Bloud of the said A. B. for so long time as it shall please Almighty God and to the several uses intents and purposes and in such manner and form as hereafter in and by these presents is expressed mentioned and declared and according to and in pursuance of a certain Agreement between the said A. B. and G. H. I. K. c. before the said intermarriage had and made and also for divers good Causes and Considerations him hereunto especially moving Hath granted aliened released enfeoffed and confirmed and by The Feoffment these presents doth grant alien enfeoff release and confirm unto the said C. D. E. F. and G. H. All those his Mannors of A. and B. c. and the Reversion and Reversions Remander and Remainders thereof and of every part and parcel thereof To have and to hold the said Mannors c. and all and singular other the Premisses hereby conveyed and assured or mentioned or intended to be conveyed and assured with their and every of their Rights Members and Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof unto the said C. D. E. F. and G. H. their Heirs and Assigns for ever 15. To the several uses intents and purposes and upon the Trust and confidence and The uses of the Mannor of A. under the several Provisions Conditions and Limitations hereafter in and by these presents expressed limited and declared and to none other use intent or purpose whatsoever that is to say As to for and concerning the said Mannor of A. c. To the use and behoof of the said A. B. for and during the term of his natural life without To A. B. for life after to his Wife for life for a Joynture To 1. 2. 3 c. Sons in Tail impeachment of or for any manner of Waste And from and after his decease to the use and behoof of the said E. his Wife and her Assigns for
Leases under the present Rent Ch. 8. S. 11. For two to make Leases successively under the ancient Rent Ch. 8. S. 19. To grant Rents and make Leases to younger Sons Ch. 14. S. 3. To grant a Rent-Charge to raise and make up Portions Ch. 9. S. 21. Power given to revoke Vses and limit new vide in this Table Title Revocation Provisoes to make void an Estate upon Non-payment of the Purchase-money Ch. 4. S. 1. Vpon discharge of a Surety S. 2 3. To make void a Vse limited for a Joynture upon her claim of Dower Ch. 7. S. 2 3. Ch. 11. S. 9 10. To make void a Vse limited to her in Land in case she go about to depart with it Ch. 7. S. 4. To make void a limitation for years to pay Daughters Portions if the Feoffor die without Daughters or after Portions paid Ch. 9. S. 14 15. Another upon payment of the Daughters or Security given for the payment of them by him in the remainder Chap. 9. Sect. 17 18. To make void a Limitation of a Vse to a Daughter upon her Marriage without the Fathers consent and a Limitation over Ch. 11. Sect. 6. To make void a Vse limited to the elder Brother if he pay not a sum to the younger and a Limitation over to the younger Ch 11. S. 13. To make void a particular Vse limited as to a particular Mannor upon payment of a sum to Cestuy que use and a limitation over Ch 14. Sect. 11 To make void a Rent Charge upon payment of Mony Ch. 4. S. 4. To abate part of a Rent Charge upon payment of Mony C 4. S. 5. To transfer a Vse limited in Tayl to the Heir until be arrive to full Age if the Ancestor die while he is within Age and after the Heir comes to Age then to him Ch. 7. S. 13. To alter a Vse upon Non-payment of Mony Ch. 9. S. 12 13. To alter a Vse upon a Portion given in Marriage paid back if the Marriage take not effect Ch. 11. S 10. vide after in this Table Tit. Uses Proviso that Cestuy que use for life shall have power to make a Joynture to future Wâ—ves Ch. 8. S. 1 2 3 4 5 6 7 8 9. To make Leases Ch 8 S. 10 for him and his Issue Male to make Leases Sect. 11. To grant a Rent Charge Chap 8. Sect. 10. vide before in this Table Title Powers Recoveries Covenant to sue forth a Recovery with double Voucher Ch. 3. S. 10 11. Ch. 14. S 8. Ch 3. sect 12 13 14. vide before in this Table Tit. Covenants For the form of introducing Vses upon a Recovery and other Conveyances vide the former Table in chap. 5. Releases A Release of Errors in a Common Recovery c 5. sect 9. Release of Dower chap 3 sect 28. Rents A power given to Cestuy que use for life to settle a Rent on future Wife or Wives for a Joynture chap. 8 sect 5 6. To grant a Rent to raise Portions and making up of Portions unpaid chap. 9 sect 21. A use limited to the end a Rent may be paid and in default the Vse is limited to the Party that should have the Rent chap. 9 sect 3 4 5 6. A use of Lands first limited chargable with Rents after mentioned and then the Rents are mentioned and power given to distrain chap 9. sect 8 9. c. 14. s 2 3 4. That a Rent setled on a Daugâ—ter is cease upon her Marriage without Fathers consent ch 11. s 2. 8. Reservation of Rent to one and his Heirs Males and after to others in Remainder chap. 13 sect 1. Revocation Power given to revoke Vses and limit new ch 12. sect 1. by Deed or last Will sect 2. To revoke Vses raised by Covenant to stand seized Chap. 12. Sect. 3 4. Another with exception of Leases and Charges to be made pursuant to a power in the same Deed given chap. 12. sect 5. 9. To Revoke Vses with exception of some of the Vses by consent of Cognizeeâ— sect 8. Another as to one Mannor sect 10. Another as to particular Vses ch 12. s 6. 7 The form of a short Deed of Revocation ch 13. s 1 Another with recital of the Power of Revocation ch 13. s 2 3. Another with a Feoffment added sect 4 Another of Vses setled by Covenant to stand seized ch 13. s 5. Another made upon having Issue pursuant to power given s 6. vide the former Table in chap 12 13. Settlement of Estates vide the former Table in chap. 14. The form of several Covenants used in the settlement of Estater See the former Table in chap. 15. Tenant to the Precipe in a Recovery made by Fine ch 3 s 10 11. by Deed of Bargain and Sale sect 12 the form of the same Deed sect 13. Tayl Vses limited in Tayl vide the former Table chap. 7. 14 Trusts To pay Daughter Portions and allow maintenance until paid chap. 9 sect 10 11. To raise Portions ch 14. s 13. That he shall permit him in remainder to enjoy the Land until Portions paid to Sons and Daughters by him in Remainder but after default to enter and raise the Portions and then to surrender his Estate ch 9. s 19 20. A limitation for years to Executors in Trust to pay Debts and Legacies ch 10. s 4. To perform a Will sect 5 6. A limitation for payment of Debts and Legacies ch 14. s 6. 10. ch 10 s 1 To sell the Lands to pay Debts and restore the surplus but if the Heir pay the Debts within a year of Fathers death Then the Trustees to convey to him ch 10. s 2. To sell and dispose the Mony as it 's appointed ch 14. sect 10. Uses The forms of introducing Vses upon Fines Recoveries c. vide the other Table in chap 5. The several forms of limitation of Vses See the other Table in chap. 7. That Feoffees and Cognizees shall stand seized to the use of such Persons in whom an Estate for life shall be setled by Cestuy que use for life according to power to him given and after to other uses chap. 8. sect 1 2 3 4 5. A Vse limited after a determination of a particular Estate made according to Power given by the Deed to others therein named ch 8. sect 7 8 9 10 12 13 14 15 16. 18. 19. 22. As to several Mannors several Vses ch 14 sect 6. A Vse limited to such Persons to whom Leases shall be made according to power given by the Deed Ch. 8. Sect 20 21. Ch. 9. S. 10. Ch. 14. Sect. 5 A Vse limited to the end a Rent may be paid with clause of Distress and a Limitation over of the Vse of the Land chargable with the Rent Ch. 9. S. 3 4 5 6. Vse of the Land to several persons chargable notwithstanding with the Rents after mentioned C 9 S. 8 9. Ch. 14. S. 2 5. A Vse changed upon non payment of an Annuity Ch. 9. S 2 3. A Vse
limited to Daughters in default of Heirs Males to cease upon payment of their Portions by him in remainder and the Vse then is limited to him Ch. 9. S. 16 17. A Vse li 〈…〉 ed to the Cognizors Wife to cease upon settlement of other Lands on her with a Limitation over Ch. 11. 8. 1. A Vse limited to persons to whom a Rent is appointed upon default of payment Ch 11. S. 4 5. A Vse to cease if Cestuy que use marry without Fathers consent and a Limitation over Ch. 11. S. 6. A Vse limited to a Wife altered upon her claim of Dower Ch. 11. S. 9. Vse altered upon non payment of money Ch. 11. S. 12. Uses limited to pay Portions to Children A Use to Cognizees to pay Portions and allow maintenance until paid C. 9. S. 11 12 13. If Feoffor c. die without Daughters or after the Portions paid the Limitation to be void with remainder over Ch. 9. S. 14 15 18 19 20. Ch 14. S. 13. For payment of a Rent to raise Portions Ch 9. S. 21. Uses limited to pay Debts A Use limited for years to pay the Cognizors Debts and Annuities by him granted Ch. 10. S. 1. Use limited that the Land shall be sold to pay Debts Ch. 20. S. 2 3. A Limitation for years to Cognizors Executors to pay Debts S. 4. And Legacies ibid. To perform the Cognizors Wâ—ll S. 5. Ch. 14. S. 6. A Use of a Mannor to be sold c. Ch. 14. S. 2. A Use limited to such persons as the Cognizor shall appoint by Will until a sum raised c. with a Limitation over Ch 10. S. 6. Power given to revoke Uses and appoint new See the former Table in Ch. 12. The forms of Deeds of Revocation See the former Table in Ch. 13. See also before in this Table Title Revocation Writings and Evidences A Covenant to produce them in defâ—nce of the Title Ch. 3. S. 25. Waste A Limitation for life without impeachment of waste and power to commit waste Ch. 7. S. 7 8. Without impeachment of waste as to Woods c. S. 2. c. Arcana Clericalia Or THE MYSTERIES OF CLERKSHIP CAP. I. What a FINE is A FINE is that which is accounted of all kind of Assurances the highest and most forcible and although it be but fictio Juris yet it is called a Fine quia finem litibus imponit and is also said to be exceptio peremptoria and therefore not onely esteemed A micabâ—lis compositio but finalis concordia the latter of which it is deservedly said to be quia finem ponit negotio adeo ut neutra pars litigantium ab eo de cetero possit recedere It is an Instrument or Assurance containing a final Agreement commonly made by the consent of persons sometimes by force of a Suite in Law upon some Covenant for the levying thereof concerning Lands Tenements Hereditaments Rent or other things wherein the Kings Licence must be duly had and obtained It must be acknowledged by the Cognizor Deforceant or he that parts with his right in the â—ands contained in the Fine upon a writ of Covenant most commonly but sometimes upon a Quid juris clamat per quae servicia de rationabilibus divisis de Recto patens de Recto clausum warantia Chaâ—tae c. as the case requires before the Iustices of the Common Pleas or such other persons thereunto authorized by Commission out of Chancery and lastly it must be ingrossed upon Record in the same Court there to remain for ever for the ending and composing of all differences and controversies as well between the parties and privies to the same as all strangers not claiming in due time Although a Fine is now become a formal Assurance of common use from the result of a feigned difference yet anciently it was the composure of a real controversie and the end of a Suite indeed For after the parties had contended by suite in law about the thing in question by agreement a fine was levyed of it and so the difference was ended This of all other is esteemed the best Assurance and is much of the nature of a Feoffment with Livery and Seisin executed thereupon but of greater efficacy and therefore called a Feoffment upon Record By this Lands may be conveyed in Fee-simple Fee-tayl for life or for years and rent thereby also reserved And lastly to sum up all in the words of the Sages of the Law There neither is nor can be provided by the Laws of the Land any greater or more noble Security by which any person may make his Estate more secure or produce a Testimony of the highest Nature for confirmation of his Estate then a Fine levyed in the Kings Court upon Record which is therefore called a Fine because it ought to be the Complement and end of all proceedings and differences CAP. II. Of the several kinds of a Fine OF Fines there be four kinds The first whereof is called a Fine sur Cognizance de droit come ceo que il ad de son done which is single and called also a Fine sur Release The second is a Fine sur Cognizance de droit come ceo que il ad de son done which is double and properly called a Fine sur done grant render The third is called a Fine sur Cognizance de droit tantum which is sometimes single sometimes with Grant and then it is called a Fine sur done grant And the fourth a Fine sur concessit A Fine sur Cognizance de droit come ceo que A Fine sur Cognizance de droit come ceo c. what it is il ad de son done is the best most principal and surest of all kind of Fines by which an Estate passeth absolutely to the Cognizee without rendring any thing back again to the Cognizor and therefore is said to be single It is levyed with Proclamations according to the form of the Statute 4 H. 7. Cap. 24. It is said to be executed viz. such a Fine whereby the possession in Law of the lands contained therein is immediately transferred to and vâ—sted in the Cognizee without the help of a writ of habere facias seisinam so that he may enter for that the Estate is thereby in law in the Cognizee that is to say to such uses as are declared in the deed leading the use of the Fine for take this for a maxime That unless it be declared by deed or otherwise to what use the Fine was levyed the Fine shall be and inure to the use of the Cognizor that levyed the Fine A Fine sur done grant render is that which is A Fine sur done grant render what called a double Fine being in a manner two Fines that is to say A Fine sur Cognizance de droit come ceo c. and a Fine sur Concessit form'd into one whereby the Cognizee after Release and warranty made to him by the Cognizor of the lands
Members though the greatest part of them consent thereto without the general consent of the whole Corporation may Levy a Fine for that shall not be good Corporations Spiritual as Bishops Deans and Chapters Heads and Fellows of Colleges and the like are forbidden and restrained by divers Acts of Parliament from levying any Fine of their lands belonging to them at this day but of the lands such persons have in their own Right they may levy Fines as other persons may do A Fine levyed by one Ioyntenant Tenant in Common or Partner of Lands so held by him to a Stranger another Ioyntenant Tenant in Common or Partner will be good And lastly take this general Caution concerning Cognizors in Fines That they must be such and have such an Estate in the Lands intended to be granted by Fine as they are not prohibited by any Law to levy the Fine otherwise the Fine will be void And hence it is That Bishops Deans and Chapters Prebends Parsons Vicars and the like may not levy a Fine of any Ecclesiastical Lands in which they have any Estate of Freehold in right of their Churches Houses c. for if they do it will be void after their lives Coke 11. 78. Plowd 575. 538. 375. 21 Edw. 4. 13. And hence it is that he that hath an Estate Tayl of the Kings gift of provision may not levy a good Fine of it to bind the King or the Issue in Tayl by 32 H. 8. Cap. 28. And that a Fine levyed by the heir that is an Intruder upon the Kings possession is void 1 H. 7. 5. 24 Edw. 3. 65. And hence it is that he that hath an Estate in Fee-simple of lands in the Right of his wife may not levy a Fine thereof without her and if he do she or her heirs or other person to whom the right may come may avoid it after her death 32 H. 8. Cap. 28. 12 Edw. 4. 14. Coke 6. 55. Brooke Fines 121. Concerning Cognizees in Fines you are to Wâ—o may be Cognizees in Fines know That any person that is capable of being a good Grantee in a Deed may be a good Cognizee in a Fine and may thereby have and take the thing granted by it And so any man or woman Sole or Covert of full age or under age any mad or Lunatick person Ideot or man de non sane memorie any person in or out of prison or beyond Sea any person attainted of Felony or Treason or outlawed in a personal Action a Bastard a Clerk convict an Alien any one of these may be a Cognizee and take by a Fine as well as by a Deed. And a Fine levyed to any such person is good 50 Edw. 3. 9. 3 H. 6. 42. 24 Edw. 3. 62. So Corporations Spiritual and Temporal Civil or Corporal may be Cognizees in Fines and Fines levyed to them will be good But before the Ingrossing of such a Fine there goeth alwaies a Writ to the Iustices of Common Pleas Quod permittunt Finem illum levari Note that a Fine sur Cognizance de droit come ceo c. may not be levyed to any person but one that is party to the writ of Covenant Except the Cognizee be a Demandant in a writ of Entry And so a Fine levyed by the Demandant to the Vouchee who is supposed by the Law to be Tenant to the land or from the Vouchee to the Demandant is good and yet they are not Parties to the Writ But a Fine levyed by the Vouchee to a Stranger is void Coke 3. 29. 7 Edw. 4. 13. Care must be taken in Fines that Cognizors and By what names Cognizors and Cognizees may give and take in a Fine Cognizees must be named in Fines by their right names of Baptism and Surname except they be Kings Princes Dukes Marquesses Earls Viscounts or Barons which are admitted without any surname as Jacobus Rex Angliae Carolus Princeps Walliae Johannes Dux Lancastr c. But for Knights Esquires and Gentlemen which be names of Worship and Honour their Christian name and Sur-name are alwaies expressed together with their Additions And as for the Additions of Bishop Dean Parson c. they are admitted in Fines rather out of Courtesie then necessity for the Fine may be good without them Brownlow 1. part 30. 7 H. 4. 22. 1. Ass pl. 11. 14 H. 6. 15. 21 Edw. 4. 8. 1. Ass pl. 11. But if there be two of one name it is best to distinguish them by Seniori Juniori or the like Brownlow 1. part 30. So if it be a Corporation or Fraternity to be named in the Fine care must be had that it be done by the very true name of the Corporation as it is named in the Charter and Foundation of it 11 H. 4 44. 14 H. 4. 20. 7 H. 6. 27. 37 H. 6. 29. CAP. V. Of what things Fines may be levyed and â— by what Names and how the Parcels are to be placed therein A Fine may be levyed of all things whereof a Of what things Fines may be levyed Precipe quod reddat lyeth or of which a writ of Entry may be brought It will be good of all things Ecclesiastical or Temporal that are inheritable and in Esse at the time of the levying of the Fine So a Fine may be levyed of an Honour Mannor Island Barony Castle Messuage Cottage Mill Toft Curtilage Dovâ—house Garden Land Meadow Pasture Wood Vnder-wood Chappel River Parsonage Rectory Advowson Vicaridge Tythes impropriate â—stovers Foldage Corrody Office Fishing Warren Fair Mine View of Frank-pledge Waif Stray Felons goods Deodand Hospital Furzes Heath Moor Rent Common Hundred Way Ferry Franchise Seignory Toll Tallage Picage Pontage Services Portion of Tythes Oblations and the like But a Fine levyed of Antient Demesne Lands will not be good Stat. 32 H. 8. Cap. 7. Coke 8. 145. West Symb. 2. part Anciently in levying a Fine of a Mannor it was By what Names things may be levyed in Fines Manerium usual to add to it or explain it by the words Demesns Rents Seigniories Courts Pleas c. And such Generals whereof it consisted but this way is altered and now it passeth by the name of Manerium cum pertinentiis 3. Inst 513. That things passed in Fines must be set down by their Nature and quality as Land Meadow Pasture c. and by the place where they lye there must be apt words used to express the thing named to pass by the Fine For a Fine levyed de tenemento or de hereditamento or de duobus tenementis for the uncertainty of the thing and unaptness of the words is void or voidable at least for Error Crooke 1. 196. Leon. Rep. 188. for the proper word to express a Tenement or Hereditament in a Fine Messuagium is Mesuagium and a Fine levyed de uno mesuagio or duobus mesuagiis is good That one Mannor may be parcel of another Mannor and pass by the name of that Mannor 20 Ass
pl. 54. That a Castle Honour or Hundred may be parcel Castellumâ— Honor-Hundredum of a Mannor and pass by the name of the Mannor whereof it is parcel Or it may pass by its own proper name as de Castello de S. cum pertin or de Hundredo de S. cum pertin or de Honore de S. 20 Ass pl. 54. 2 Edw. 3. 36. 1 Edw. 3. 4. That the County City Town Parish Hamlet and Endship wherein the things lye that are to pass by the Fine ought to be certainly named And therefore if there be two Towns Walton and Street in the parish of Street and a Fine is levyed of such Lands in Street in this case Lands in Walton will not pass by this Fine Walton being a distinct Town or Ville by it self and although Street the Parish comprehend both yet in the Fine the lands in Walton shall not be said to be comprized unless Walton had been an Hamlet of Street and that the Fine had been levyed of lands in the Parish of Street then all would have passed well enough Crooke 2. 120. Stock and Foxes Case So if a Mannor extend it self into divers Towns as into A. B. C. it is safe and best to express all the Towns or none of them at all For haply the Fine may be good if the Mannor be onely named and be not said in what Town it doth lye As de Manerio de S. cum pertin but otherwise it must be de Manerio de S. cum pertin in A. B. C. for if any one of the Towns be omitted none of the Mannor in that Town so omitted will pass 9 Edw. 4. 6. That where divers Mannors be of one name with distinction of North and South to it as South S. North S. and the like There it is safe to express in the Original writ and all the proceedings of the Fine which of the Mannors is intended to be passed by the Fine And yet perhaps the Fine may be good to pass the Mannor intended to be passed without this distinction Crooke 1. 196. 200. 9 Edw. 4. 6. Brooke Fines 44. 91. 12 H. 7. 6. That when a Fine is but for the Presentation Presentation Parsonage Vicaridg Rectories c. to a Church onely it must be de Advocatione Ecclesiae de S. and not cum pertin And a Vicaridge endowed must be de Advocatione Vicariae Ecclesiae de S. and not cum pertin And where the Vicaridge is not endowed it must go under these words de Advocatione Ecclesiae de S. And Parsonages Rectories Advowsons Vicaridges and Tythes impropriate pass not by the words de Advocatione Ecclesiae but de Rectoria Ecclesiae de S. cum pertin West Symb. 2 part Title Fines and Concords A Fine was levyed de Advocatione Ecclesiae de Advowson and Rent reserved * Rectory and Rent reserved Wood. House-boot c. Chappel or Hospital Mesuage C. ac de quatâ—or Librat reddiâ— cum pertin in S. C. B. Coke 3. 45. A Fine was levyed of a Rectory out of which a Rent of 30 l. per Annum was rendred Coke Lillingtons Case High-wood and Vnder-wood pass under the general denomination of Wood. Houseboot Hayboot and Plowboot by the name of Estovers A Chappel or Hospital will pass by the name of a Mesuage 13 Ass pl. 2. So by the name of a Mesuage with the Appurtenances may pass an House with a Shop Curtilage Garden Orchard and as some say a Dove-house and Mill as parcel thereof That by the name of a Cottage a Toft Chamber Cottage and Celler will pass That part of an intire thing may pass by the Part of intire things words de medietate de tertia parte de quarta parte c. as the Case requires or de duabus partibus in tres partes dividend or de medietate omnium decimarum granorum feni ac terrae vocat le Blacklandâ— cum pertin in H. But if an intire thing as a Mannor or Mesuage be parted as if the Mannor of S. be divided into two parts and the division be so made as that the Mannor for that part be not extinct and a Fine is â— be levyed of a part of it it must pass by the name â—f the whole As de Manerio de S. So if a Mesuage and 23 acres of land be parted the part divided may pass by the name of one Mesuage and ten â—ctes of land and not de medietate â—nius Mesuagii viginti trium acrarum terrae And Note that it is usual in Fines to comprehend more number of acres then are intended to pass yet in such Case no more shall pass then what is intended and agreed upon between the Parties Popham Rep. 105. â—ed ss PRaecipe Thomae Snagge Armigero Radò Precipe quod teneat or Abstract of the writ of Covenant Order of placing the parcels Snagge generoso quod juste c. teneant Roberto Yarway generoso Manerium de Kempston Dawbney alias Kempston S. Johns cum pertin in Kempston Et nisi c. AC de duobus Mesuagiis or de uno Capitali Mesuagio duobus Salinis vocat Witch-houses alias Salt-houses duobus Shopis duabus Cameris â—â—o Stabulo sex Cottagiis uno Curtilagio duobus Toft is quatuor horreis uno Molendino aquatico or uno Molendino aquatico granatico uno Molendino ventritico or uno Molendino Fullonico uno Columbar decem Gardinis decem Pomaâ—iis Centum acris terrae or terrae aqua coopertae riginti acris Prati decem acris Pasture sexdecim acris Bosci or Subbosci or de quatuor virgat Bosci viginti acris Saliceti viginti acris Jampâ—orum Bruere viginti acris More duabus acris Turbariae octo acris Mosset sex acris Juncar decem acris Marisci frisci or Marisci salsi duabus acris Alneti quadraginta acris Arundin decem acris Ruscar or de Rectoria Ecclesiae parochialis de C. ac de decimis Garbarum granorum feni eidem Rectoriae spectan or de decimis Garbarum ad Ecclesiam de C. qualiter cunque spect or de Rectoria impropriat de R. cum pertin or de Rectoria de K. Or de Advocatione Ecclesiae de K. cum pertin or de Advocatione Ecclesiae de K. or de Advocatione Presentatione Donatione Libera dispositione Jure Patronatus Ecclesiae de K. Or de Rectoria de K. Ac de Advocatione Vicariae de K. or de Advocatione Ecclesiae de K. alternis vicibus cum acciderit Or de proficuis granorum feni Lane Agnorum Ac de omnimodis aliis decimis cum pertin in K. Or de quadam portione decimarum aut pensione in S. or de decimis garbarum granorum feni cum pertin in A. B. Necnon de decimis Lane Agnorum Oblationum Obventionum Emolumentorum Ac de omnibus aliis decimis quibuscunque provenien crescen seu renovan in W. or de omnibus omnimodis Oblation decimis garbarum granorum feni Lane
suggests the Cognizor is dead and pray's a Scire facias against his heir ET super hoc iidem Richardus Jana dicunt quod pred Johannes Law in fine pred nominat mortuus est quodque Elizabetha Law est filia heres predict Johannis Law cui stat in feodo simplici de in Manerio Tenementis predictis cum pertin per finem pred concessus fuit Quodque eadem Elizabetha est modo uxor Alex. Page Et pet brev domini Regis ad premuniend predictos Alex. Eliz. essendi coram domino Rege auditur Record processum predict ei conceditur c. Ideo precept est Vic. Essex quod per probos c. scire fac pred Alex. Eliz. quod sint coram domino Rege apud Westm A die Pasche in quindecim dies ubicunque c. auditur Recordum processum pred si c. Et ulterius c. Idem dies dat est prefat Richardo Jane ibidem c. Ad quem diem coram domino Rege apud Westm ven pred Richardus Jana per Attorn suos pred Et Vic. videlicet A. B. modo mand quod ipse virtute brevis predict sibi inde direct scire fecit prefat Alex. Elizabethe essendi coram dict domino Rege apud Westm. ad diem locum predict prout sibi per brev pred precept fuit per M. R. J. D. probos c. qui quidem Alex. Elizabeth sic premuniti quarto die placiti solempnit exact per J. B. Attorn suum similiter ven super quo pred Richardus Jana ut prius dicunt quod in Recordo processu pred acetiam in levatione finis predict manifeste est Errat allegando Errores predict per ipsos in forma pred allegat Et pet quod finis pred ob errores illos alios in Recordo processu predict compertos revocetur adnulletur penitus pro nullo habeatur Et quod ipsi ad omnia que ipsi occasione finis pred amiser restituantur c. H. 26 Eliz. Rot. 93. in Banco Regis CAP. XI The Charges of a Fine acknowledged either before the Lord Chief Justice at the Bar or before a Judge of Assize or Commissioners in the Countrey by Dedimus Potestatem Sect. I. The Charges of a Fine acknowledged before the Lord Chief Justice are as follow   s. d. DRawing the Precipe and Concord 0 3 4 Acknowledging thereof before the Chief Iustice 0 11 8 Writ of Covenant 0 3 0 Imposition upon the Writ of Covenant 0 0 6 For the Kings Fine according to the value of the Land Imposition thereupon accordingly  The several Fees at the Alienation Office 0 2 4 Warant of Attorney making and filing 0 0 4 Paid at the Inrollment Office 0 2 0 To the Custos Breviâ—m 0 3 8 To the Kings Silver-Office in Term time 0 0 10 If out of the Term 4d more if taken before the Chief Iustice but if by Dedimus you pay 0 1 8 To the Chirographer in Term time and 6d more after 0 5 8 For the Indentures to the Chirographers Clerks for the first warranty 0 3 6 For every Warranty afterwards 0 0 6 Attorneys Fee 0 6 8 Sect. II. The Charges of a Fine acknowledged at the Bar.  l. s. d. TO a Sergeant at Bar 0 3 4 To the second Prothonotary or his Clerk in Court for Recording the Fine 0 1 4 Fees paid in Court to the Box and Officers 0 0 6 In all things else the Fees are the same of a Fine acknowledged at Bar as if it had been taken before the Lord Chief Justice Sect. III. The Charges of a Fine acknowledged before Commissioners in the Country by special Dedimus potestatem TO the Cursitor for the Dedimus with Imposition 1 4 8 To a Iudge for his hand or Allocatur in case a Knight be not present at the Caption 0 4 0 But when a Knight is present you need not a Iudges hand    The rest of the Fees are the same in this Case as when acknowledged before the Lord Chief Justice Sect. IV. The Charges of a Fine taken before a Judge of Assize   s. d. IN this case the Charges are the same as when acknowledged before the Lord Chief Iustice the Fee for the Caption being also 0 11 8 Onely you pay to the Cursitor for a Dedimus potestatem 0 9 6 The rest of the Fees are as Sect. the first ARCANA CLERICALIA OR A Treatise OF Common Recoveries UPON WRITS of ENTRY IN le Post WITH Notes and Observations thereupon AND A TABLE of Fees Printed Anno Dom. 1673. Arcana Clericalia OR A Treatise OF Common Recoveries UPON Writs of Entry In le Post A Common Recovery defined A Common Recovery is onely fictio Juris or a Conveyance by consent used for the better assuring of Lands and Tenements upon any man wherein the Recovery in value the supposed Recompence for him which loseth his land is but a fiction in Law And this Recovery by assent is now by custome become a Common Assurance and Conveyance upon which Vses may be limitted and raised Coke 1 part Sir William Pelhams Case 14. But there is a great difference between a Recovery by assent and a Recovery without assent of the Parties Vide 14. El. Cap. 8. The former definition explained IF any person have a desire to render himself capable of disposing of Lands or Tenements which are intayled upon him and would be enabled to sell give or bequeath them as he pleaseth the course is to procure some friend to bring a Writ against him for this Land or in case where he doth sell the Land perhaps he that buyeth it or is to have it setled upon him shall bring the Writ against him that is to make the Assurance of the Land if it be with a single Voucher And in this case the Demandant being Plaintiff in this Action doth suppose that the Tenant or he against whom the Writ is brought hath no right to the Land but that he onely viz. the Demandant hath right thereunto and that the Tenant came to the Land wrongfully by means of one Hugh Hunt a stranger therein named And to this Writ the Tenant doth appear either by Attorney or in person and then doth enter into defence of the Land but in Pleading doth vouch to warant such a man from whom or his Ancestors the Lands in question are supposed to come to him or his Ancestors the Ancestor of which third person obliging himself and his heirs by Conveyance to warant and make good the Title to him or them to whom it was Conveyed and thereupon he prayeth that this Vouchee or third person may be called into Court to defend this Title whereupon being called he doth appear and seem to defend the Title denying that the Tenant came to the land wrongfully by means of the aforesaid Hugh Hunt upon which he takes Issue
suis Et Vic. videlicet A. R. Miles modo Mand. quod ipse virtute brevis illius sibi directi tricesimo primo die Maii ultimo preterito habere fecit prefat R. W. plenariam seisinam de Castro Maneriis Tenementis predictis cum pertin Ac de Advocatione predicta prout per breve illud sibi preceptum fuit c. Glouc. ss S. S. Generosus in propria persona sua Entry of a Recovery of a Mannor Mesuages Mils Dove-houses Gardens land Meadow Pasture Wood Rent Common of Pasture of a Rectory Tythes and of an Advâ—wson of a Vicaridge pet versus R. N. Armigerum W. S. Armigerum Manerium de Stonehouse cum pertin Ac viginti Mesuagia decem quinque Molendina tria Columbaria viginti Gardina 300 acras Terre Centum acras Prati 300 acras Pasture 330 acras Bosci sexaginta solidat Reddit Communiam Pasture pro omnibus Averiis cum pertin in Stonehouse c. Necnon Rectoriam de Leonard cum pertin Ac etiam quasdam portiones Decimarum annuatim provenien Crescen seu renovan in K. Ac Advocationem Vicarie Ecclesie de S. ut jus hereditatem suam c. Et unde dic quod ipsemet fuit seisit de Manerio Tenementis Reddit Communia Pasture Rectoria predictis Ac de portionibus Decimarum predictarum in Dominico suo ut de feodo jure Ac de Advocatione predicta ut de feodo jure tempore pacis tempore domini Regis nunc Capiend inde exples c. Et inde produc sectam c. Et predicti R. W. in propriis personis suis ven defend jus suum quando c. Et voc inde ad War E. S. Generosum qui presens est hic in Cur in propria persona sua Et gratis Manerium Tenementa Reddit Communiam pasture Rectoriam predicta cum pertin Porciones Decimarum Et Advocationem predictas eis War c. Et super hoc predictus S. pet versus ipsum E. Tenen per War suam Manerium Tenementa Reddit Communiam Pasture Rectoriam predictam cum pertin porciones Decimarum ac Advocationem predictam in forma predicta c. Et unde dicit quod ipsemet c. ut supra c. Alias prout patet c. usque quando c. in linea Entry of Summons in a Recovery with treble Voucher by Alias prout patet with three Adjornments before the Statute of 16 17 Caroli primi cap. 6. Whereby the Retorns of Octab. Mich. quinden Mich. are taken away Continuat Et voc inde ad War S. H. Gen. Sum. in Com. pred habeat eum hic in Octabis S. Mich. Et Sum. in Com. predicto per auxilium Curie c. idem dies dat est partibus predictis c. Ad quem diem loquela predicta Adjornata fuit per brev Domini Regis de Communi Adjornamento hic scilicet apud Westm in Com. Midd. usque a die S. Michaelis in unum Mensem tunc proxime sequen Ad quem diem loquela predicta ulterius Adjornata fuit per aliud brev dict Domini Regis de Communi Adjornamento a Westm usque Villam dict Domini Regis de Reading in Com. Berks in Crastino Animarum tunc proxime sequen Et modo hic scil apud predictam Villam dict Domini Regis de Reading ad hunc diem scil predictum Crastinum Animarum ven tam predictus H. in propria persona sua quam predictus G. per Attorn suum predictum Et predictus S. modo Sum. c. per. R. Attorn suum similiter ven gratis Tenementa predicta cum pertin eis War c. Et super hoc predictus H. pet versus ipsum S. Tenen per War suam Tenementa predicta cum pertin in forma predicta c. Et unde dicit quod ipsemet fuit seisitus c. Et inde produc sectam c. Et predictus S. Tenens per War suam defend jus suum quando c. Et ulterius voc inde ad War P. D. habeat eum hic à die Pasche in quindecim dies Et Sum. in Com. predicto per Auxilium Curie c. Idem dies dat est tam prefat J. v. quam prefat S. hic c. Ante quem diem loquela predicta ulterius Adjornata fuit per aliud breve dicti domini Regis de Communi Adjornamento à predicta Villa dict dom Regis de Reading in Com. Berks usque ad Westm in Com. Midd. usque ad eandem Quinden Pasch c. Michaelis xijâ— Caroli Secundi rotulo 182. Westmerl ss JOhannes Lowther Miles Baronettus Entry of a Recovery of a Mannor Tenements Tythes Free-â—isâ—ing and the Advowson of a Vicaridge Thomas Darcey Miles in propriis personis suis pet versus Robertum Newman Generosum Thomam Lee Armigerum Manerium de Warcopp cum pertin ac septuaginta sex Mesuagia quatuor Molendina sexaginta Gardina quadraginta acras Terre Centum acras Prati Trescent quadraginta acras Pasture viginti acras Bosci Sexcentas acras Jampnorum Bruere Sexcentas acras Morae cum pertin in Warâ—opp Buttingill Sandforth Flesholme Blaytorne Winder Wath Cliburne Ac decimas Garbarum granorum annuatim provenien crescen seu renovan in Warcopp Buttergill Blaytorne Necnon liberam Piscariam in Aqua de Eden Ac etiam Advocationem Vicarie Ecclesie de Warcopp ut jus hereditatem suam Et in que iidem R. T. non habent ingressum nisi post disseisinam quam Hugo Hunt injuste sine judicio fec prefat Joh. Thome Darcy infra triginta Annos c. Et unde dic quod ipsimet fuer seisiti de Manerio tenementis decimis Piscaria predictis cum pertin in dominico suo ut de feodo jure Ac de Advocatione predicta ut de feodo jure tempore pacis tempore domini Regis nunc Capiend inde exples ad valentiam c. Et in que c. Et inde producit sectam c. Et predicti Robertus Thomas Lee in propriis personis suis ven defend jus suum quando c. Et voc inde ad War Rich. Brathwaite Armigerum qui presens est hic in Cur. in propria persona sua Et gratis Manerium Tenementa decimas Piscariam predicta cum pertin Ac Advocationem predictam eis War c. Et super hoc predicti Johannes Thomas Darcey pet versus ipsum Richard Tenen per War suam Manerium Tenementa decimas Piscariam predictam cum pertin Ac Advocationem predictam in forma predicta c. Et unde dic quod ipsimet fuerunt seisiti de Manerio tenementis decimis Piscaria predictis cum pertin in dominico suo ut de feodo jure Ac de Advocatione predicta ut de feodo jure tempore pacis tempore domini Regis
H. and his Assigns into the Premisses to enter and the same to have hold and enjoy for and during the Term of his natural life And to and for that purpose it is agreed by and between all and every the Parties to these presents for them their Heirs and Assigns that after such default of payment and Enâ—ry made The Fine to inure accordingly the said Fine shall be and shall be deemed and taken to be to the use of the said G. H. and his Assigns for and during the term of his natural life And further it is also agreed by and between the said Parties to these presents for them their Heirs and Assigns that the said Fine as to the said Lordship and Mannor and all other the Premisses before-mentioned to be The use of the Fine to A. B and his heirs subject to the Rent c. Another for a Rent for 2 lives with clause of Distress and also to change the use upon Non-payment thereby conveyed and assured to the said C. D. and E. F. their Heirs and Assigns shall be and inure to the use of the said A. B. his Heirs and Assigns for ever under upon and subject unto the said Rent Condition râ—entry limitation intent and purpose herein before mentioned and expressed and according to the intent and true meaning of these presents 4. Let an Indenture be made between A. B. of the first part C. D. and E. F. of the second part and C. B. younger Son of the said A. B. and M. his wife of the third part whereby A. B. is to Covenant by Fine or other Assurance to convey the Mannor of c. and several Messuages and Lands to C. D. and E. F. Then add Now further witnesseth this present Indenture And it is hereby Covenanted declared and agreed by and between the said Parties to these presents That of for and concerning all that Messuage or Tenement and four Closes c. being parcel of the Hereditaments and Premisses so to be conveyed as aforesaid and being of the clear yearly value of Forty pound per Annum over and above all Charges and Reprises the said Conveyance and Conveyances so to be had and executed as aforesaid shall be and shall be deemed and taken to be and inure and the said C. D. and E. F. and the Survivor of them and his Heirs shall stand and be seized thereof and of every part and parcel thereof to the use intent end and purpose That the said C. B. and M. his wife and their Assigns and the Survivor of them his or her Assigns shall and may yearly from and after the making hereof for and during the natural life and lives of them and of the Survivor of them perceive receive take and enjoy one yearly Rent or sum of Thirty pounds per Annum of lawful Moneys of England to be issuing going and payable out of the said last mentioned Messuage or Tenement and Closes at two several Feast Days in the year that is to say Thâ— Feast of Th' annunciation of Saint Mary the blessed Virgin and the Feast of Saint Michael Th'archangel by even and equal portions The said Rent to be paid as aforesaid by the said A. B. his Heirs and Assigns 5. And that in default of Payment thereof Clause of Distress or of any part thereof at any of the Feasts or Days of payment aforesaid contrary to the tenor and true meaning of these presents That then and so often it shall and may be lawful to and for the said C. B. and M. his wife and the Survivor of them and their and either of their Assigns into the said Messuage or Tenement and Closes to enter and distrain for the said yearly Rent of Thirty pound per Annum or any part thereof and for the arrearages thereof if any shall be and the Distress and Distresses there taken and had to lead drive take and carry away impound detain and keep until they and every of them of the said yearly Rent or sum of Thirty pound and of the arrearages thereof if any such shall be be fully satisfied and paid 6. And if it shall happen the said yearly To change the Use to the persons that should have the Rent upon non-payment Rent or sum of Thirty pounds or any part thereof to be behind or unpaid by the space of twenty days next ensuing after any of the Feast days aforesaid the said Conveyance and Conveyances so Covenanted and intended to be had and executed as aforesaid of all and every the Hereditaments and Premisses aforesaid and the execution thereof shall be and enure and shall be adjudged deemed and taken to be and enure as to the said Messuage and four Closes only and the said C. D. and E. F. and the survivor of them and his Heirs shall stand and be seised of and in the said Messuage and four Closes and of and in every part and parcel thereof with the Appurtenances to the use and behoof of the said C. D. and M. his Wife and of their Assigns for and during the term of their natural lives and of the longer liver of them And also to such The Use of the Land further use and purpose that the said C. D. and E. F. their and either of their Heirs shall likewise stand and be seised of the said Messuage and four Closes charged and chargeable nevertheless with the said Rent of Thirty pounds per annum and Distress and Limitation for and in respect of the same made as aforesaid and of and in all and every the rest and residue of the said Mannors Messuages Lands Tenements and Hereditaments and every part thereof with the Appurtenances whereof no Vse is formerly limited or appointed to the use and behoof of the said A. B. his Heirs and Assigns for ever 7. To the Vses following that is to Another say to the Vse intent and purpose That the said C. B. who is the Son of the Feoffor or Cognizor and his Assigns shall and may have perceive and take from time to time during his life only yearly Rent of Fifty pounds of lawful moneys of England to be issuing and going out of all and singular the said Messuage Lands and Premisses and to be paid at four several Feasts or days in the year that is to say The Feast of St. Michael the Archangel the Nativity of our Lord and Saviour Jesus Christ the Annunciation of St. Mary the Blessed Virgin and the Feast of St. John the Baptist by even and equal portions the first payment to begin at c. And if it shall happen the said yearly Rent to be Distress behind or unpaid in part or in all after either or any of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then and so often it shall and may be lawful to and for the said C. c. to enter and distrain The Use as to the Lands viz. to