the Indenture and it was judged that notwithstanding this absolute Feoffment and to an express use yet it being made upon no new agreement it shall be guided by the Covenant so that the bargainees Estate continues conditional Crook lib. 1. fol. 300. pag. 14. Clever vers Giles Acts done for further assurance upon covenants precedent conteined in the original agreement shall have such construction as may fortify and not destroy the first agreement As if â— man bargain and sell Lands rendring rent with condition of reentrie c. and covenants to make further assurances and after he levies a Fine or makes a Feoffment none of these are construed to extinguish the rent or condition but to fortify only the Estate of the purchaser according to the first agreement Moores Reports fol. 385. 7. It seems a conveyance of record shall be â—nv eyanâ—e of record and enpays how taken taken strictly and not by intendment as a conveyance in pais shall Therefore a Mannor in reputation which is not a Mannor in truth will not pass by the name of a Mannor in a Fine or common Recovery otherwise in a conveyance Crook part 1. 524. p. 53. yet a remainder may pass in a Fine by the name of a Reversion ibid. 594. p. 37. 8. Where an Indenture of bargain and sale is Several conveyances how the Party shall be in made and after a Fine is levied of the same land to the bargainee and after the deed is inrolled the bargainee is in by the Fine and not by the inrollment and where a Reversion is bargained and sold by Indenture and before inrolment a Fine is levyed by the Bargainor to the Bargainee and after the deed is inrolled yet the Bargainee must have an Attornment because he is in by the Fine and not by the Bargain and sale Crook part 1. 917. p. 8. 9. Where it is possible for a grant to take effect Grant to take effect as by possibility it may according to the Letter there the Law makes such a construction as by possibility it may take effect as if Lands are given to two men and the Heirs of their two Bodies the Law makes them joynt-joynt-tenants for life and gives them several Inheritances in Tail Cook upon Litt. 183. b. Stamford justice Three grounds for construction of deeds arguendo taketh three grounds for the construction of deeds First that it shall be taken most beneficially for the Party that taketh by them Secondly that the deed shall not be void where the words may be taken to any intent Thirdly that the words shall be construed according to the mind of the parties and not otherwise Plowden Antient deeds how construed fol. 160. Throgmortons case Antient deeds shall be construed as they were antiently taken although the Law be since altered vide Crook part 1. 633. p. 29. 10. Some words are large and have a general extent Exposition des parolâ— and some have a proper and particular application the former sort may contain the latter as dedi or concessi may amount to a Grant a Feoffment a Gift a Lease a Release a Confirmation or Surrender c. and it is in the Election of the Party to use them to which of these purposes he willâ— but a Release Confirmation or Surrender c. cannot amount to a Grant c. nor a Surrender â— a Confirmation or to a Release c. because they are proper and peculiar manner of conveyances and are destined to a special end Cook sur Litt. 301. b. CHAP. II. The several formes of setting forth the grounds or considerations of a Conveyance or sâ—ttlement of an Estate 1. Witnesseth that the said A. B. as well for Money iâ— parâ— paâ—d and in parâ— secured and in consideration of the summe of 500 l. of lawful moneyes of England to him in hand paid before the ensealing and delivery hereof by the said C. D. the receipt whereof lie the said A. B. doth hereby acknowledg and thereof and of every part and parcel thereof doth acquit and discharge the said C. D. his Heirs Executors and Administrators by these presents As also for and in consideration of the summ of 500 l. more of like moneyes by the said C. D. secured to be paid unto the said A. B. his Executors and Administrators in manner and form following viz. on the 20 day of January now next ensuing the summ of 300 l. thereof and on the first day of March then following the summ of 200 l. the residue of the said summ of 500 l. 2 Whereas the said A. B. at the ensealing and The barring oâ— an Estate â—â—il and enabling him to make a settlement or assurance delivery of these presents is and standeth seiled of an Estate â—ail to him and the Heirs Males of his Body with divers remainders over of and in the Mannors Messuages Lands and Tenements hereafter in these presents mentioned Now witnesseth this present Indenture that for and in consideration of the barring of the said Estate tail and all the Remainders thereupon dâ—pending and for the setling of an absolute Estate in Fee-simple of inheritance in the said A. B. whereby he may be enabled to make a good and perfect assurance to such Person or Persons and their Heirs as have agreed or hereafter shall agree with him the said A. B. to purchase the said Mannors c. A. B. covenants to suffer a Recovery Or thus That for the setling of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and forme as hereafter are in these presents limited and expressed and for the enabling of the said A. B. to make and grant Leases and Estates of and in the sold Mannors Lands and Premises in such manner and sort and according to the power and authority to him hereafter in and by these Presents reserved and for other good causes and considerations c. 3. Witnesseth that the said A. B. in consideration Natural love c. preferment of children of the natural love and affection which he beareth unto C. B. his Son and Heir apparent and for his advancement and present maintenance and to the end that the Daughters of the said A. B. may have convenient Portions to maintain and prefer them in Marriage and for the establishing of the Mannors Lands Tenements and Hereditaments hereafter mentioned to such uses intents and purposes as are hereafter limited and appointed and for other good causes and considerations c. Or Settlement in the stock and blood c. thus In consideration of the great love and natural affection which he the said A. B. beareth unto C. B. the natural sonne and heir apparent of the said A. B. and to the heires males of the body of the said C. B. and to the end intent and purpose that the Mannors Lands Tenements and Hereditaments hereafter mentioned shall and may continue in the stock blood and
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
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
B. and M. his Wife to the use and behoof of the said A. B. for and during the term of his natural life And from and after his decease to the use of c. 13. Provided always and the true intent Power to make Leases for Portions for Daughters and meaning of these presents is That it shall and may be lawful to and for the said C. B. at any time or times after the decease of the said M. B. in case he shall happen to survive her during his natural life by his Deed or Deeds Indented by him duly executed in the presence of two or more credible Witnesses to make one or more Lease or Leases for one two or three lives or one and twenty years or under of the said Mannor of D. or any part thereof under such Rent Rents Reservations and Covenants as he shall think fit to any Person or Persons whatsoever upon Trust for the raising of the several Portions herein after mentioned for such Daughter or Daughters as the said C. B. shall happen to have and not otherwise provided for that is to say If one Daughter then for the raising of Five hundred pounds for that Daughter and if more Daughters then for the raising of Three hundred pounds a piece for each and every one of the said Daughters to be payed them at their several and respective Ages of one and twenty years or Days of Marriage which shall first happen And that all and every such Lease or Leases Demise or Demises Grant or Grants to be made as aforesaid shall stand and be good and effectual in Law to all The Recovery to be to the use of the â—essees intents and purposes And the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered shall be and inure and the Recoveror or Recoverors therein named or to be named his and their Heirs shall stand and be seized of and in such and so much of the said Mannor of D. as shall be so Demised or Leased to the use of such Person and Persons his and their Executors Administrators and Assigns to whom such Demise or Demises Lease or Leases Grant or Grants shall be made as aforesaid CHAP. XV. The forms of several Covenants used upon Settlements of Estates to Vses 1. ANd it is Covenanted granted concluded To stand seized of such Lands whereof deficiency shall be in the Conveyance to the uses before This may be good where there is consideration of bloud and agreed by and between all and every the said Parties to these presents for the Consideration aforesaid That in case any of the said Mannors c. intended to be comprised in the said Fine or Fines Recovery or Recoveries shall be omitted or left out and not be comprised in the Fine or Fines Recovery or Recoveries or in case there shall happen to be any defect in the assurance of the Premisses or any part thereof according to the intent and true meaning of these presents That then they the said A. B. and C. B. their Heirs and Assigns and all and every other Person and Persons which now are or hereafter shall be seized of and in such the said Mannors c. as shall be so omitted or left out and not comprised as aforesaid or whereof such Fine or Fines Recovery or Recoveries shall not be levyed and had or whereof the assurance hereby intended to be made shall be any way defective shall stand and be seized thereof and of every part and parcel thereof with their and every of their Appurtenances and of the Reversions thereof to the uses and for the several and respective Estate and Estates thereof hereby and herein before severally and respectively limited unto the Person or Persons before named and every of them under the several Provisoes herein before mentioned and to none other uses intents or purposes whatsoever 2. And it is Covenanted granted and agreed Another by and between all and every the said Parties to these presents for them and every of them their and every of their Heirs That the said A. B. his Heirs and Assigns and all and every other Person and Persons and their Heirs which from and after the said Feast of c. next coming shall stand and be seized of all or any the said Mannors c. and other the Premisses before mentioned with Th' appurtenances or any part or parcel thereof and which before the said Feast of c. next coming after the Date hereof shall be not well and sufficiently by Fine Recovery or otherwise conveyed and assured to the several uses purposes and intents before in these presents mentioned or whereof no such Fine or Fines Recovery or Recoveries as is aforesaid shall be before the said Feast Day of c. as aforesaid had levyed knowledged and suffered of and in every part and parcel thereof according to the intent and true meaning of these presents shall at all time and times from and after the said Feast of c. for the consideration herein before expressed stand and be seized of and in the same and every part thereof to the several uses purposes and intents before in and by these presents expressed limited and appointed and in such sort manner form quality degree nature and Condition and of and for such Estate and Estates and under and upon such Provisoes Limitations and Authorities according to the true intent and meaning of these present Indentures in such ample large and beneficial manner and form to all intents constructions and purposes as the same should or ought to have grown been raised or taken any effect in case the said several Fine and Fines Recovery and Recoveries so before in and by these presents Covenanted mentioned intended or agreed to be had levyed knowledged or suffered had been perfectly had and executed according as is before in these presents expressed 3. And the said A. B. for himself his That he is Owner and hath Power to convey to the Uses c. Heirs Executors and Administrators doth Covenant and grant to and with c. That he the said A. B now is and at the time of making and executing of the said Conveyances and Assurances shall be the true and perfect owner of the said Messuages Lands Tenements and Hereditaments with Th' appurtenances and shall be then thereof lawfully seized in Possession of an absolute Estate in Fee-simple and shall then have full power Right Title and Authority to pass convey and assure the Premisses with Th' appurtenances to the uses and according to the effect aforesaid 4. And the said A. B. for himself his Heirs Executors and Administrators doth Another Covenant and grant to and with the said C. D. and E. F. their Heirs and Assigns and to and with every of them by these presents That for and notwithstanding any act or thing whatsoever done or to be done or suffered by the said A. B. to the contrary he
cum pertin prefat Edwardo Roberto hered ipsius Edwardi contra omnes homines imperpetuum Et pro hac Recogn Remissione quier clam Fine Concordia iidem Edwardus Robertus concesserunt predicte Marie quandam Annuitatem sive annualem redditum duodecim librarum exeun de predict Manerio tenementis cum pertin Habend tenend annuatim percipiend predictum annualem redditum duodecim librarum prefate Marie Assign suis ad Festa Sancti Michaelis Archangeli vel Annunciationis beate Marie Virginis prox immediate sequen post mortem predicti Willielmi pro durante vira naturali ejusdem Marie ad duos Anni terminos viz. Sancti Michaelis Archangeli Annunciationis beate Marie Virginis per equales portiones Annuatim solvend in plena Recompensatione totius talis Juncture sive dotis que iidem Marie contingere debeat de aliquibus terris tenementis predicti Willielmi Palmer Et si contingat predictum Annualem redditum duodecim librarum vel aliquam inde parcellam aretro fore post aliquod Festum festorum predictorum in quo sive quibus ut prefertur solvi deberet per prefat Willielm insolut quod tunc toties bene licebit eidem Marie Assign suis in predicta Maneria tenementa cum pertin sive in aliquam parcellam inde intrare distringere districtionesque sic ibid. capt licite abducere effugare penes se retinere quousque de predicto annuali redditu duodecim librarum ac de qualibet inde parcella una cum arreragiis ejusdem si que fuerint plenarie satisfact fuerint persolut Et ulterius iidem Edwardus Robertus concesserunt predicto Willielmo Maneria tenementa predicta cum pertin illa ei reddiderunt in eadem Curia Habend Tenend predictum Manerium tenementa cum pertin prefato Willielmo â—eredibus suis imperpetuum Tenend de Capital dominis feodi illius per servicia que ad predictum Manerium tenementa pertinent imperpetuum Sect. XIII A Fine sur done Grant with render of the Premises to one of the Cognizors for 21 years to Commence after the death of Tenant for life the Reversion to the other Cognizees and their Heirs Essex ss PRecipe Willielmo King Katharine uxori ejus Simoni Smith quod juste c. teneant Johanni Smith Thome Hill Conventionem de tertia parte unius Mesuagii unius Horrei unius Gardini quadraginta acrarum Terre duarum acrarum Prati trium acrarum Pasture cum pertin in H. M. Et nisi c. ET est Concordia talis scilicet quod predict Willielmus King Katharina Simâ— recogn tertiam partem predict cum pertin esse jus ipsius Johannis ut illa que iidem Johannes Thomas habent de dono c. Release and Warranty ut supra Et pro hac c. iidem Johannes Thomas concesserunt predicto Simoni tertiam partem predictam cum pertin ill ei reddiderunt in eadem Curia Habend tenend eidem Simoni à Festo Sancti Michaelis Archangeli vel à festo Annunciationis beate Marie Virginis quod prius prox contigerit vel erit post mortem cujusdam Elizabethe modo uxoris Willielmi T. nuper uxoris Richardi S. defunct usque ad finem terminum viginti unius Annorum extunc prox sequen plenarie complend finiend reddendo inde annuatim predictis Thome Johanni heredibus ipsius Johannis duodecim denarios ad festa Annunciationis beate Marie Virginis Sancti Michaelis Archangeli per equales portiones solvend Et si contingat predictam Annuitatem sive Annualem redditum 12d in parte vel in toto post aliquod Festum festorum predictorum recite the clause of Distress ut supra usque satisfact persolut Et â—lterius concesserunt predicti Johannes Thomas Hill predictis Willielmo King Katharine Reversionem tertie partis predicte cum pertin redditum predictum superius reservat Et illa eis reddiderunt in eadem Curia Habeâ—d tenend eisdem Willielmo King Katherine heredibus ipsius Katharine imperpetuum Tenend de Capitalibus dominis feodi illius per servicia que adinde pertinent imperpetuum Sect. XIV A Fine sur Concessit by Baron and Feme she being Tenant for life where the Lands are granted during the life of the Woman to the Cognizee Lincoln ss PRecipe Richardo Smith generoso Katherine uxori ejus quod juste c. teneant Thome Herd Conventionem c. de uno Mesuagio quaâ—â—or acris Terre tribus acris Prati sex acris Pasture cum pertin in E. Et nisi c. ET est Concordia talis scilicet quod cum predicti Richardus Katherina habent renent ut in jure ipsius Katherine pro termino vite ejusdem Katherine tenementa predicta cum pertin revertione inde post decessum dicte Katherine Marie Royden heredibus suis spectan â—idem Richardus Katherina concesserunt predicto Thome Herd tenementa predicta cum pertin Et totum quicquid in predictis tenementis cum pertin habent in eadem Curia reddiderunt Habend â—enend eidem Thome assign suis durante tota viâ—a dicte Katherine tenend de Capitalibus dominis feodi illius per servicia que adinde pertinent imperpetuum Et predicti Richardus Katherina warant predicto Thome Assignatis suis renementa predict cum pertin sicut predictum est contra omnes homines imperpetuum Et pro hac c. Sect. XV. A Fine sur Cognizance de droit of Lands which the Cognizee hath part in Possession and are granted to him in Fee for ever the residue being in Lease for life the Cognizor grants to him the Reversion after the death of Tenant for life Lincoln ss PRecipe Henrico Headlam quod juste c. teneat Arthuro Calverly Conventionem c. de uno Mesuagio quatuor Cottagiis quatuor Toftis uno Collumbar tribus Gardinis Centum quatuor acris Terre quadraginta acris Prati viginti acris Pasture duabus acris Bosci viginti acris Jampnorum Bruere viginti acris Marisci cum pertin in Scawby c. ac de libera Piscar in aqua de Antolne Et nisi c. ET est Concordia talis scilicet quod predictus Henricus recogn tenementa predicta cum pertin esse jus ipsius Arthuri de quibus idem Arthurus habet unum Mesuagium duo Cottagia duo Tosta unum Gardinum octoginta acras Terre viginti quatuor acras Prati viginti acras Pasture duas acras Bosci viginti acras Jampnorum Bruere viginti acras Marisci parcell tenementorum predictorum cum pertin de dono predicti Henrici Et illa remisit quiet clam de se heredibus suis prefato A. heredibus suis imperpetuum Et concessit pro se heredibus suis quod duo Cottagia duo Tofta
Arcana Clericalia or The Misteries of Clerkshipp As to the Sure Settlements of Estates by Deeds Fines Recoveries â—â— With the Formes of all manner of Charterparties in Maritime Citties Townes and Corporations by George Billinghurst of Grayes Inn Esq Printed for H. Twyford in Vine Court in the Middle Temple Arcana Clericalia Or THE MYSTERIES OF Clarkship BEING A sure way of Setling Estates By DEEDS FINES and RECOVERIES With the Forms of all manner of Charter-Parties in Maritime Cities Towns and Corporations WITH A TABLE of all the Principal matters therein contained By George Billinghurst of Grayes-Inne Esq LONDON Printed for Henry Twyford in Vine-Court Middle-Temple 1674. TO THE Practitioners and Students OF THE Common LAW OF ENGLAND Especially such as would be throughly Acquainted with Conveyancing WIthout the least Flattery to the Memory of our deceased Author I may boldly say His indefatigable Labours need not be usher'd into the World with studied Eulogyes And I doubt not but you will concur with me in the same Opinion when you have perus'd this Book and confess his own Labours to be his greatest Commendation Touching the Subject matter it contains the several Forms of Settlements of Estates to Uses with power for Cestuy que use for Life and in Tayl to make Joyntures Leases and Grants of Rents Likewise the Forms of Limitation of Uses for Years for payment of Debts discharge of Sureties and raising of Portions for Younger Children It also treats of Limitation of Uses in Fee for the Lands to be sold to pay Debts c. With several forms of Revocation of Uses and limitingVses de novo and of Covenants with other Incidents to the like Conveyances Besides these there are other most useful Presidents relating to Merchants and Traders Affairs fit for all Maritime Cities Towns and places of Trade The whole Work is so Methodically digested by the Author that any Person who is not a meer stranger to the Law may make great use and advantage thereof and speedily and readily find any particular matter therein contained As to the Author I shall only say thus much in general of him viz. That Hâ—spent a considerable time in the study of the Law at Grays-Inne and being unwearied in searching after all opportunities to improve his knowledge He at length was call'd to the Barr and gain'd in a little time the Vogue of being a profound and judicious Counsellor His Apprehension was alwaies quick his Judgment deliberate solid and not wavering of a clear discerning faculty his Memory sound and his Patience the truest index of a Wise man alwaies commanded his Passions in short He was a Person of exquisite natural and acquired Parts and that which much contributed to the latter was his great Moderation and Temperance whereby his study and business glided in their delighted Channels uninterrupted Being at length wearied with Business he retir'd into the Country where having finish'd this Elaborate Work he dyed Since whose death his Manuscript being left to the Guardianship of a Friend and committed into my hands in order to be made Publick for the further advantage of such as would be perfect in the setling of Estates I have hereunto added the Learning touching Fines and Recoveries hoping the Ingenious will be moderate in their Censures And if I have in this done any thing to your Advantage it will answer the pains of him that is Your Servant W. B. An ANALYSIS of the whole Art of Conveyancing Deeds are either Indented of two parts three parts or more or Poll in 1st Person or 3d Person And consists of Grants which are Constitutive or Creating what was not before as The first Grant of A Way A Rent Estate Tayl for life for years Warranty c. And are Absolute or Conditional or Conveying whereby Estates already made are conveyed to others or Discharges and are Remissory or Liberatory which releaseth or dischargeth something in being as Releases Defeazances Acquittances Ordinary Deeds by which Lands usually pass are Feoffment Bargain and Sale Gift or Grant Lease Assignment Exchange Surrender Confirmation Release Indenture to lead uses of Fines or Recoveries Covenant to stand seized to uses Revocation and new Declaration All or most of which have formal and orderly parts viz. 1. The Premisses unto the Habendum including 1. Grantor 2. Grantee 3. Thing granted By apt and proper Names and descriptions Which are certain in themselves or Which by reference may be reduced to a certainty 4. Exception by the words Excepted Excepting Besides Saving Save only c. Which must be 1. A Particular out of a General 2. Part of what is granted not all 3. That which may be severed from the thing granted and not an inseparable incident thereto 5. Recital of something antecedent 2. The Habendum whose office is to set down 1. The Grantee and 2. Certainty of Thing Estate and Life granted and to what use 3. The Reddendum which reserves some new thing to the Grantor c. And is usually made by the words Yielding Paying Doing Reserving Finding c. And reserves what was not before or Abridges the Tenure of what was before 4. Warranty 5. The Covenants containing the terms of Granting and Holding being either Real or Personal And Inherent or Collateral And must contain things to be done Lawful and Possible 6. The Conditions which are Precedent or Subsequent To the Estate and are Affirmative Negative Collateral Inherent Restrictive Compulsory Single Copulative Disjunctive And make the Estate whereto they are annexed Void without or Voidable by Entry or Claim Or tend to make and enlarge or destroy or Clogg Estates 7. The Conclusion To the making of a good Deed are required 1. Legible and formal Writing in Paper or Parchment before Sealing and Delivery 2. Capable Persons not disabled by Law as Donors that are Persons attainted of Treason Felony Premunire Infants Madmen Idiots Femes Covert Aliens Deaf blind and dumb from Nativity Except in several special cases and things Donees as Monks Fryers c. 3. A thing to be granted and passed 4. By proper and sufficient Names and descriptions of 1. Grantor 2. Grantee 3. Thing Granted Which must be grantable In its own Nature and And by him that grants it And is either ☞ Corporeal and Immovable as Houses Lands Woods c. And are grantable in Fee Tayl for Life Years c. And assignable from man to man Or Incorporeal as Rents Services Advowsons Presentations Reversions Remainders Offices Licenses Franchises Commons c. Whereof some are 1. Grantable at their first Creation but not assignable after as Great Offices of Trust Judicial Offices Licenses Authorities c. 2. Assignable always 3. Intirely but not in part 4. Intirely or in part 5. To any Body 6. But to special Persons 7. Something 's incident to others not grantable without the things to which they are incident Or Chattels either Real as Leases for years present or to come Extent c. or Personal as Oxen Horses Plate
c. 5. True Reading or declaring to a blind or illiterate Person if required 6. Sealing and Delivery by the maker or his Authority Absolutely and positively to or to the use of the Party or Conditional and as an Escrow to another 7. To an honest end and not by unlawful Contract or made by Force or Fraud 8. Due Ceremony as Attornment Livery of Seisin Intolment A Deed when well made read sealed and delivered may be void or voidable when got by Force Fraud Corrupt agreement Or may be mar'd by Rasure Interlining Addition Breaking the Seal Defacing Judgment of Court c. Arcana Clericalia OR The Mysteries of Clerkship Containing the Forms of Settlement of Estates to uses with power to make Joyntures Leases Grants c. The First Part. CHAP. I. Some Observations taken out of our late Reports and Books touching the Law of Conveyances in general 1. A Bargains and sells to B. a Mannor Fine joyned with other assurances extinguisheth not a condition c. and Covenants to suffer a Recovery and levie a Fine for better assurance of the Mannor and that all Estates assurances and conveyances after to be made of the said Mannor should be to the uses in the said Indenture c. And in the said Indenture there is a Proviso that B. the Bargainee shall do such an Act c. And it was resolved that this Proviso amounts to a condition in Law to defeat the whole Estate and although A. and B. after levied a Fine to a third Person in reference to the Covenant aforesaid yet it was resolved that the Fine did not extinguish the said condition for it was as an assurance and was to be guided by the Indenture Cook lib. 2. 72 73. Lord Cromwels case vide Dyer 157. pag. 28 29 30. 2. Also it was resolved in the said Cromwells case Several conveyances c. do make but one assurance in Law fo 75. a. that the said bargain and sale and Recoverie and Fine although made suffered and levied at several times do make but one assurance in Law of the Mannor according to the same original bargain and contract and every of them tend to perfect the said Bargain and Sale and none of them to destroy any part of it or to subvert the true intent of the Parties As if a man makes a Lease for life of Lands in several Counties and first makes livery in one County and divers daies after maketh livery in another County yet the Rent reserved upon the Lease shall issue out of the Lands in both Counties although the livery by which the estate passed was made at several times And therefore it might be objected that presently upon the first livery the Rent should issue out of it but the Law shall not judge by parcels in subverting of the intent and agreement of the Parties but after all the Acts are done in performance of the original contract and agreement of the Parties the Law shall adjudge upon all as executed at the same time So if one make a deed of Feoffment with warranty and deliver the deed to the Feoffee and after at another time maketh livery secundum formam Charta yet the warranty is good although when the deed was delivered no estate passed to which the warranty might be annexed yet notwithstanding praxis juris pâ—â—storum is to be observed Et qui rationem in omnibus quarunt raâ—ionem subvertunt Cook l. 2. 75. a. Conveyances to be so construed that they may take effect 3. A Conveyance shall have such construction that it may take effect ut res magis valeat quà m pereat If Tenant for life and he in Remainder or Reversion joyn in a Feoffment by deed each one of them passeth his estate viz. the Lessee for life his estate by the livery and the Fee-simple moveth or passeth from him in Remainder or Reversion but if the Feoffment had been by Paroll then it should have been the Feoffment of him in Remainder or Reversion and a surrender of the Lessee for life for otherwise nothing should pass by Paroll Cook lib. 2. Fine works to corroborate a former estates and makes no discontinuance fol. 15. 4. Tenent in Tail by deed inrolled bargains and sells an house to another and his heirs and after the Tenant in Tail levies a Fine with Proclamations to the Bargainee of the same house Resolved 1. That by the Indenture of bargain and sale inrolled the Bargainee had an Estate descendible to his heirs but it was determinable by the death of the Tenant in Tail 2. Resolved that the Fine here levied to the Bargainee doth not make a Discontinuance of the Remainder in Tail nor doth any Estate of Free-hold pass by the Fine but only the Fine with the Proclamations doth corroborate the Estate of the Bargainee and the Stat. of 4 H. 7 chap. 24. and 32 H. 8. cap. 36. makes his Estate more perdurable being after the Fine determinable only upon the death of Tenant in Tail without issue but if the Fine had been levied before the bargain and sale inrolled it had been a discontinuance but in the case before it was not because it operated only upon the Estate which passed precedent Cook lib. 10. fol. 96. Edward Seymors case 5. Nota a diversity when a man hath two wayes Two waies to pass an Estate hoâ— taken to pass Lands and both of them by the Common-law and intends to pass them by one of those wayes yet ut res magiâ— valcat it shall pass by the other As if a man be seized of two Acres of Land in Fee and lettath one of them for Years and makes a Charter of Feoffment of both and maketh livery only of the Acre in possession in the name of both only the. Acre in possession passeth but if the lessee for years after doth attorne then both shall pass because he is by the common Law in the Per as to both but when a man may pass Lands either by the common Law or by raising of a use and setling of it by the Statute there in many cases it is otherwise As if the Father makes a Charter of Feoffment to the Son and a letâ—er of Attorney to make livery if no livery be made no use shall arise unto the Son because then he should be in by the Statute in another degree viz. in the Post and the intention of the Parties is much in the raising of uses Cook upon Lit. 49. a. 6. One sells unto another certain Lands by Acts done for further assurance referre to the Original agreement deed indented upon condition of Reentry upon non-payment of 20 l. and that all assurances shall then be to him and his heirs and Covenants to make other assurances and that they shall be to the use in the Indenture afterwards he makes a Feoffment to the same bargainee to the use of him and his heirs and afterwards levies a Fine to him which was to the uses in
kindred of the said A. B. c. Or thus A well for the advancement and preferment of the Heirs Males of the Body of the said A. B. lawfully to be begotten and for the better advancement and preferment of C. B. D. B. c. the natural Brothers of the said A. B. and to the end that the Mannors c. hereafter mentioned may continue in the name blood and kindred of the said A. B. so long as it shall please God as for divers other good causes and considerations c. 4. Whereas the said A. Lord B. is and standeth Another form more large seizâ—d in possession reversion and remainder of some Estate of inheritance of and in divers and sundry Honors Castles Mannors Lordships Messuages Parks Chases Lands Tenements Advowsons Liberties Franchises and Hereditaments all which or the most part thereof have for a long time remained and continued in the Name and Blood of the said Lord B. and in regard the said Lord B. is desirous and intendeth to establish and settle all the said Honours Mannors c. to such intents and purposes as that the same may remain in the Name Blood and Kindred of the said Lord B. according to the uses hereafter thereof expressed and declared for the better advancement of the House Honour and Blood of the said Lord B. so long as it shall please God to permit the same and our of the Fatherly love and affection which he beareth unto Sr. T. B. Knight his Son and Heir apparent and for the preferment advancement and maintenance of the Lady E. B. now the Wife of Joynture the said Lord B. and for her joynture in case she shall happen to overlive the said Lord B. and for Settlement on collateral Heirs divers other good causes and considerations c. 5. Witnesseth that for divers good causes and considerations him the said A. B. hereunto moveing and especially for that the said A. B. and C. B. his Wife have been married these many years and have had no issue of their Bodies and to the end that in case the said A. B. should die without issue of his Body lawfully begotten the Capital Messuage Lands and Tenements hereafter mentioned shall and may so loâ—g as it shall please God remain and continue in the Blood and Kindred of the said A. B. and for the natural love which he beareth unto c. naming his Brothers oâ— Sisters and for divers other good causes and considerations c. 6. Whereas theâ—e is a marrirge by the grace of A marriage to be had and settlement of a joynture God to be shortly had and solemnized between the said C. B. Son and Hâ—ir apparent of the said A. B. and A. D. the Daughter of the said C. D. witnesseth that the said A. B. in consideration of the said Marriage and of the Summ of 800 l. of good and lawful money of England to him in hand paid as the Mâ—rriage Portion of the said A. D. by the said C. D. her Father and for the Natural love and affection which the said A. B. beareth unto the said C. B. and to the end intent and purpose that a competent joynture may be had and made unto the said A. D. for the better maintenance livelyhood and advancement of the said A. D. in case she shall happen to survive and overlive the said C. B. and in full recompence and satisfaction of all the Dower and Title of Dower which she the said A. D. by or after the death of the said C. B. shall or may have to any the Mannors Lands Tenements or Hereditaments whereof the said C. B. shall during the coverture between him and the said A. D. be seized of any Estate of Inheritance and for the advancement of the Name and Blood of the said C. B. and for and towards a provision of Maintenance to be had and made unto and for the said C. B. and A. D. during the natural lives of the said A. B. and A marriage already had and for a joynture c. E. his wife c. 7. Witnesseth that for and in consideration of the natural love and affection which the said A. B. beareth unto the said C. B. his eldest Son and Heir apparent and other his Sons hereafter named and for the advancement of the Name and Blood of the said A B. and also in consideration of a Marriage heretofore had and solemnized between the said C. B. and D. B. now Wife of the said C. B. and of the Sum of 1000 l. to the said A. B. by W. D. Father of the said D. B. well and truly contented and paid as the marriage portion of the said D. B. and to the end and intent that a competent and convenient joynture and estate may be had made and provided for the said D. B. for term of her life in case she shall happen to survive the said C. B. in recompence and satisfaction of all the Dower and Title of Dower which the said D. B. by or after the death of the said C. B. hath or shall or may have in or to any of the Mannors Messuages Lands Tenements or Hereditaments whereof the said C. B. is or during the Coverture between him and the said D. B. shall be seized of any Estate of Inheritance and for other good causes and considerations c. 8. Witnesseth that in consideration of a Marriage An other in relation to former agreements heretofore had between the said A. B. and F. B. his now Wife and of the good will and affection which the said A. B. beareth unto the said F. B. and for the true performance of such promises and agreements had and made by the said A. B. upon the marriage between the said A. B. and the said F. B. had as aforesaid and for a joynture c. and to the end and intent and purpose that the Lands Tenements and Hereditaments of the said A. B. hereafter mentioned may come and continue to and in the issue of the said A. B. and F. in such sort Manner and Forme as hereafter is in these presents expressed mentioned and declared and for other good causes c. 9. Whereas the said A. B. is now lawfully seized Payment of debts in his demesne as of Fee of and in a Messuage Tenement and Lands with the Appurtenances scituate lying and being c. of the yearly value of 250 l. per annum of lawful moneys of England And whereas the said A. B. is indebted and doth owe unto divers Persons several Summes of Money amounting in the whole to 1000 l. of like moneys being particularly mentioned in a Schedule hereunto annexed which summes the said A. B. is not at present able to pay and yet minding and intending to make payment thereof with such speed as it may be in consideration whereof and for asmuch as the said C. D. hath undertaken out of the Rents issues and prossits arising out and from the said
parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant grant and agree to and with the said C. D. and E. F and either of them their or either of their Heirs Executors and Administrators by these presents that he the said A. B. shall and will at the next Assizes or general great Sessions for Pleas to be holden at Lancaster before the Justice or Justices of our Soveraign Lord the King there for the time being levie and acknowledg one Fine Sur cognizance de droit come ceo c. with Proclamations thereupon to be had in due form of Law unto the said C. D. and E. F. and their Heirs of and in all and singular those Several Mossuages or Tenements c. by the name of three Messuages two Gardens two Acres of Land twenty Acres of Meadow and fourty Acres of Pasture with the Appurtenances in B. in the County of Lancaster aforesaid c. 5. This Indenture made c. Between A. B. on To levie Fines in the Counties of Chester and Lancaster the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving hath covenanted granted and agreed and by these presents doth for him his Heirs Executors and Administrators covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presents That he the said A. B. shall and will before the Feast of c. next ensuing the Date of these presents in due form of Law acknowledg and levie two or more Fines sur cognizance de droit come ceo c. with proclamations within the Counties Palatine of Chester and Lancaster before the Kings Majesties Justices of Assize or before some other Person or Persons in that behalf lawfully and sufficiently authorized unto him the said C. D. and his Heirs of all that c. The one part being in the County of Chester the other in the County of Lancaster by such Name or Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel Learned in the Law shall be reasonably advised or required c. 6. This Indenture c. Between A. B. of the To levle a Fine in a Court of Ancient Demesne one part and C. D. of the other part Whereas the said A. B. is the Day of the Date of these presents lawfully seized of an Estate of Inheritance to him and the Heirs Males of his body of and in divers Messuages Lands Tenements and Hereditaments within the Liberty of H. at B. in the County of E. hereafter in these presents particularly mentioned Now witnesseth these presents that the said A. B. for divers good Causes and Considerations him hereunto especially moving and for the settling c. doth for himself and his Heirs covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presentâ— That he the said A. B. at his own proper Cost and Charges shall and will in due form of Law before the Feast of c. next ensuing the Date of these presents acknowledg and levie one Fine in the Court of Ancient Demesne within the said Liberty of H. at B. according to the course and common usage for levying of Fines for Lands and Hereditaments within the said Liberty unto the said C. D. of all those Messuages Lands c. by the Name of three Messuages three Gardens fourty Acres of Land c. in H. at B. aforesaid or by such other Name or Names as shall be thought meet c. 7. This Indenture c. Between A. B. and E. To levie a Fine with a Render of an Estate for Years his wife on the one part and C. D. on the other part Witnesseth That for divers gâ—od causes and considerations it is covenanted granted concluded and agreed by and between the said Parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next ensuing at the Cost and Charges of the said C. D. his Executors and Administrators one Fine with Proclamations in due from of Law shall be levied and acknowledged between the said Parties to these presents in manner and form following of one Messuage with the Appurtenances in the Parish of c. and two other Messuages c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances for which Remise Release and Quitclame the said A. B. and E. his wife shall by the said Fine Render the said The Render Messuages and Premises with the Appurtenances unto the said C. D. his Executors Administrators and Assigns to have and to hold the same unto the said C. D. his Executors Administrators and Assignes from the Feast of the Nativity of St. John the Baptist next ensuing the Date hereof for during and until the full end and term of One and Twenty years from thence next ensuing and fully to be compleate and ended Yielding and paying therefore yearly and every year unto the said A. B. and E. his wife their Heirs Executors and Assigns respectively during the said term the yearly Rent or Sum of Five pounds of lawful Moneys of England at Four the most usual Feasts in the year that is to say c. or within thirty Days after either of the said Feasts with Several Covenants to be added as is usual in I eases 8. This Indenture c. Between A. B. and E. Another with a Render of a Rent his wife on the one part and C. D. on the other part Witnesseth That for divers good Gauses and Considerations it is covenanted granted concluded and agreed by and between the said parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next coming at the Cost and Charges of the said C. D. hiâ— Executors and Administrators One Fine with Proclamations in due form of Law shall be levied of certain Messuages c. levied and acknowledged by and between the said parties to these presents by the Names of c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances For which Remise Release and Quitclaim the said The Render A. B. and E. his wife shall by the said Fine grant and render unto the said C. D. his Executors Administrators and Assigns one Annuity or yearly Rent
of Twenty pounds per annum of good and lawful Moneys of England to be issuing and going out of the aforesaid Messuages and Premises with the Appurtenances to have hold receive and enjoy the said Annuity of Twenty pounds per annum and every part and parcel thereof unto the said C. D. his Executors Administrators and Assigns from the Feast of c. next ensuing the Date hereof unto the full end and term of One and thirty years from thence next ensuing and fully to be compleat and ended at the Feast of St. Michael the Archangel and the Annunciation of St. Mary the blessed Virgin by even and equal portions yearly to be paid during the term aforesaid And if it shall happen the said Clause of Distress yearly Rent of Twenty pounds or any part thereof to be behind or unpaid in part or in all by the space of twenty Dayes after either of the said Feasts or Dayes of payment being lawfully demanded that then and from thenceforth it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns into the said Messuages and Premises and every part and parcel thereof to enter and distrain and the Distress and Distresses there to be found and taken lawfully to lead bear drive and carry away and the same to detain and keep until he the said C. D. his Executors Administrators and Assigns shall be fully paid and satisfied the said Annuity or yearly Rent and all and every the Areres thereof c. 9. This Indenture c. Between A. B. and E. To leavie a Fine Sur concessit his Wife on the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators and for the said E. his wife covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. and E. his wife shall and will before the end of this present Term of St. Hillary leavy one Fine Sur concessit with Proclamations in due form of Law before his Majesties Justices of the Common Pleas Court at Westminstor in the County of Midds unto the said C. D. of all the Mannors c. and the Revertion and Revertions Remainder and Remainders of all and singler the premises and of every part and parcel thereof And all Rent and Rents and yearly services and other profits whatsoever reserved and payable upon every demise and demises Leases Grants and Conveyancies whatsoever made and granted of the premises or any part or parcell thereof by such name and names quantities and qualities as shall be thought meet and â— 10. This Indenture c. Between A. B. and E. To sue fortha Recovery with double voucher his wife of the first part C. D. and E. F. of the second part and G. H. on the third Part Witnesseth these presents that it is mutually and respectively covenanted and concluded by and between the said Parties to these presents And the said A. B. doth for himself his Heirs Executors and Administrators and for the said E. his wife covenant and agree to and with the said G. H. his Heirs Executors and Administrators by these presents That he the said A. H. and E. his wife shall and will on this side and before the Feast of c. Tenent to the precipe made by Fine now next ensuing leavy and acknowledg oâ—e Fine sur cognizance de droit come â—co quc ils ont de lour done c. in due form of Law with Proclamations to be had and made according to the common course of Fines in such cases used and the Statuâ—e in that behalf made and provided before the Justices of our Sovereign Lord the King of his Majesties Court of Common Pleas at Westminster or before some other competent person or persons thereunto lawfully and sufficiently authorized to the said C. D. and E. F. and their Heirs of all that the Mannor of S. in the County of B. and of all Messuages Lands Tenements and Hereditameâ—ts whatsoever which are or are reputed part or parcol of the said Mannor or belonging or appertaining thereunto by such name or names quantities qualities contents and numbers of Acres and in such manner and form as by the said G. H. his Heirs of Assigns or his or their Council learned in the Law shall be reasonably devised advised or required which said Fine so or in any other manner to be levied and acknowledged between the said Parties shall be and shall be construed reputed and taked to be to and for the use of the said C. D. and E. F. and their Heirs to the only end intent and purpose that the said C. D. and E. F. shall and may stand and be full and perfect Tenents of the Freehold of the said Mannor Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be leavied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the said Mannor Messuages Lands and Premises against the said C. D. and E. F. and their Heirs according to the true intent and meaning of these presents and the Parties thereunto 11. And it is further covenanted concluded To suffer a Recovery upon a writ of entry en le post and agreed by and between all the said Parties to these presents and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. before the Feast of c. next ensuing the Date hereof by Writ or Writs of entry Sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our said Sovereign Lord the King of the Court of Common Pleas at Westminster in the name of the said G. H. demandant against the said C. D. and E. F. being Tenents to recover to them and their Heirs in due form of Law according to the usual form of common Recoveries for assuring of Lands Tenements and Hereditaments against the said C. D. and E. F. and the surviver of them then Tenent or Tenents of the premises All and every the said Mannor Lands and Premises withal and singular their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained or thus by such name of names and under such number and contents of Acres aâ—d in such manner and form as shall be advised by the Council of the said G. H. unto which said Writ of entry Sur disseisin en le post so to be brought as aforesaid the said C. D. and E. F. shall appear gratis And then and immediately after appearance and defence made shall and will in the said action vouch to warranty the said A. B. and E. his
And the said A. â— and E. his wife shal thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear gratis and after imparlance had shall make default and depart in contempt of the Court whereby one common Recovery shall or may be had or suffered against them the said A. B. and E. his wife of and for the said Mannor according to the usual course of common Recoveries for assurance of Lands and Tenements in such Cases used aâ—d accustomed c. 19. This Indenture c. Between A. B. and An other by Tenents for life he in revertion in London E. his wife and C. D. on the one part and E. F. on the other part Whereas the said A. B. and E. his wife in right of the said E. do now hold and are lawfully 〈◊〉 to hold and enjoy for aâ—d during the natural life of the said E one Messuage c. The Revertion of which said Messuage with the Appurtenances from and after the decease of the said E. doth lawfully belong unto the said C. D. and the Heiâ—s of his Body Now Witnesseth these presents That it is covenanted granted concluded and agreed by and between the said Parties for themselves and their Heirs that the said A. B. and E. his wife and the said C. D. shall before the Feast of c. now next coming permit and suffer the said E. F. in and by a Writ of Right Patent according to the Custom of the said City of London in due form of Law with single or double Voucher or Vouchers to Recover against them the said A. B. and E. his wife and the said C. D. the said Messuage or Tenement aâ—d all other the Premisses with the Appurtenances in such manner and form as by the Council learned in the Law of the said E. F. shall be reasonably devised or advised c. 20. This Indenture made c. Between A. Another in London with double Voucher B. of London Gentleman on the first part and C. D. and E. F. Citizens and Grocers of London on the second part and G. H. and I. K. of c. on the third part Witnesseth That it is covenanted granted concluded and agreed by and between all the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said G. H. and I. K. and either of them their and either of their Heirs Executors and Administrators by these presents That he the said A. B. shall and will within one month next ensuing the Date of these presents make and execute or cause to be made and executed unto the said C. D. and E. F. a good perfect and absolute Estate in the Law in Feesimple of and in all those Messuages c. lying and being in the Parish of c. London and also of and in the Revertion and Revertions of all and singular the Premises to the end intent and purpose that the said C. D. and E. F. and their Heirs may stand and be seised of the said Premisses and become perfect Tenents of the Freehold thereof so that within two months next after the making and execution of the said Estate to them the said C. D. and E. F. as aforesaid the said G. H. and I. K. or the Survivor of them shall and may bring and pursue the Kings Majesties Writ of Right Patent out of his Highness Court of Chancery against the said C. D. and E. F. or the Survivor of them to be directed to the Major and Sheriffs of the City of London By which Writ of Right Patent the said G. H. and I. K. or the Survivor of them in the Guild Hall of the said City before the said Major and Sheriffs in the Court of Hustings according to the custom of the said City shall demand against the said C. D. and E. F. or the Survivor of them The said Messuages or Tenements and all and singular other the Premises with the Appurtenances by such names or quantities as shall be reasonably devised or advised by the Council of the said G. H. and I. K. or the Survivor of them Unto which said Writ the said C. D. and E. F. ot the Survivor of them shall appear gratis and after declaration and defence made thereupon shall vouch to warranty the said A. B who shall appear gratis and enter into the warranties and vouch over to warranty the common Vouchee who shall appear gratis and imparle and after make default in contempt of the Court whereby Judgment shall be given in the said Writ for the said G. H. and I. K against the said C. D. and E. F. and for the said C D. and E. F. to recover in value against the said A. B. and for the said A. B. to recover over in value against the said common Vouchee and Execution thereof shall be had and sued in such sort that a perfect Recovery with double Vouchers shall be had and duly executed of all and singular the Prâ—mises c. 21. This Indenture c. Between A. B. of To suffer a Recovery of Lands in Antient demeasne with double Vouchers the Tenent to the precipe being made by Fine the first part C. D. of the second part vide sect 6. of this Chapter and make such recital as is there and add the Covenant there to levy a Fine from A. B. to C. D. and then add as followeth Which said Fine so or in any other manner to be levied and acknowledged of the Premises between the said Parties shall be and shall be construed and taken to be to and for the use of the said C. D. and his Heirs to the only intent and purpose that the said C. D. may stand and be full and perfect Tenent of the said Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be levied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the Messuages Lands and Premises against the said C. D. and his Heirs according to â—he true intent and meaning of these presents and of the Parties thereunto And it is covenanted granted concluded and agreed by and between all the Parties to these presents That he the said E. F. at his own proper cost and charge shall and will before the Feast of c. now next ensuing the Date hereof purchase or cause to be purchased one or more Writ or Writs of Right Close directed to the Judges Bailiffs or others that have Power to hold Plea in suits Real arising within the said Liberty and shall prosecute the said Writ or Writs in the nature of his Majesties Writ or Writs of entry sur disseisin en le post at the common Law after the manner and course of common Recoveries there used and accustomed against the said C. D. and shall thereby demand against the said C. D. the said Messuages Lands Hereditaments and
according to the course of common Recoveries of the Mannor c. and all and every other the Premisses with the Appurtenances 6. Which Recovery so as aforesaid or in any The Uses other form to be had suffered and executed and all other Recoveries to be had suffered and executed by and between the said Parties or any of them of the said Mannor and Premises before the said Feast of c. and the Recoverors in and to the said Recovery and Recoveries shall immediately from and after the suffering and executing thereof stand and be seized of the said Mannor and Premises to the uses intents and purposes hereafter specified expressed and declared and to none other use intent or purpose whatsover That is to say to the use of c. Or thus And it is covenanted granted concluded and agreed by and between all the said Parties to these presents that the said Recovery so to be had and executed as aforesaid and every common Recovery with Vouchers before the said Feast of c. to be suffered by the said C. D. and E. F. or the survivor of them of the said Mannor and Premises and of every or any part thereof by what names or additions soever the same shall fortune to be had or suffered immediately from and after the Execution thereof shall be and the Person or Persons who shall thereby Recover the Premises or any part thereof and his or their Heirs after such Execution shall stand and be seized of the said Mannor and Premises or such part thereof as shall be recovered as aforesaid to the use of c. Or thus And it is covenanted granted and concluded by and between all the said Parties to these presents And either of the said Parties doth by these presents covenant grant conclude and agree to and with the other in maner and form following That the said G H. and K. immediately from and after the said Recovery had and Executed as aforesaid shall stand and be seized of and in the said Mannor c. and other the Premises with the Appurtenances And that the said Recovery and the force effect and execution of the Premises or any part thereof by and between the said Parties before the Feast of c. shall be and shall be adjudged deemed reputed and taken to be to the uses intents and purposes in these presents mentioned and declared viz. To the use of c 7. This Indenture made c. Between A. Upon a Recovery already had with double Voucher B. on the first part C. D. and E F. on the second part and G. H. and I. K. on the third part Whereas the said A. B. by one Indenture of bargain and sale bearing Date c. vide Sect. 5. and recite it as there And whereas afterwards That is to say in the Term of St. Hillary then next following the said G. H. and I. K. did pursue out of the said Court of Chancery one Writ of entry sur disseisin en le post against the said C. D. and E. F. returnable before the Justices of his Majesties Court of Common Pleas at Westminster whereby the said G H. and I. K did demand against the said C. D. and E. F. the said Mannor c. as in the Recoverie to which Writ the said C. D. and E. F. did appear in proper Person and after defence made did vouch to warranty the said A. B. who did likewise appear in Person and entred into the warranty and vouched over the common Vouchee who did likewise appear in person and entred into the warranty and after make default whereby several Judgments were had according to the course of common Recoveries used in the said Court of Common Pleas. 8 Now witnesseth this present Indenture And The uses it is hereby declared and expressed that the true intent and meaning of all the said Parties to these presents before and at the Time of suffering the said Recovery was and ever since hath been and yet is that the said Recovery and the whole execution thereof should and for ever hereafter shall be and inure And the said Recoverors and their Heirs shall for ever hereafter stand and be seized of and in the said Mannor c. and all and every the Premises before mentioned with the Appurtenances To the use of c 9. And the said A B. C. D. and E. F. for Release of Errors sometimes used them and every of them their and every of their Heirs do and for every of them doth by these presents remise and for ever quit claim unto G. H. and I. K. and their Heirs and all and every Person and Persons whatsoever that shall or lawfully may have any Estate Title Interest or demand of into or out of the Premises or any part or parcel thereof by force or Vertue of the said Recovery and the execution thereof and of these presents or any limitation matter or thing herein contained All and every Error and Errors Writ and Writs of Error misprisions misentries and other cause and causes of Writ or Writs of Error which they the said A. B. C. D. and E. F. or any of them their or any of their Heirs have or hereafter may or ought to have for or by reason of any Error or Errors misprision misentry or other defect whatsoever in or about or any way touching or concerning the said Recovery or any proceeding or prosecution thereof 10. This Indenture made Between A. B. and Another upon Recovery with double Voucher already had E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. on the third part Whereas the said A. B. and E. his wife did in Michaelmas Term last levy and acknowledg one Fine sur cognizance de droit come câ—o c. in the Court of Common Pleas at Westminster unto the said C. D. and E. F. of all that Messuage and Lands c. to the intent and purpose that the said C. D. and E. F. might be Tenents of the Frehold of the said Messuage Lands and Premisses and that a Writ of entry sur disseisin en le post might be brought and prâ—secuted against them to the end that a common Recovery might be had of all and singular the said Messuage Lands and Premisses according to the form of common Recoveries had used and accustomed And whereas a common Recovery hath been sithence had in and by a writ of entry sur disseisin en le post of the Premisses against the said C. D. and E. F. by the said G. H. and I. K. Wherein the said C. D. and E. F. did vouch to waâ—ranty the said A. B. who thereupon entred into the warranty and over to warranty the common Vouchee who likewise appeared and entred into the warranty and after made default whereby several Judgments were had according to the use of common Recoveries with double Vouchers for assurance of Lands and Tenements which Recovery hath been
Remainders thereof To have and to hold the said Messuage Lands and Premisses and every part thereof with the Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever which said bargain and sale was had and made to them the said C. D. and E. F. as aforesaid to and for the only end intent and purpose that the said C. D. and E. F. might be the Tenent thereof to a Precipe against whom the Recovery hereafter mentioned in manner and form following might be had Now this Iudenture further witnesseth that it is covenanted concluded and fully agreed by and between all the said Parties to these presents for them and every of them their and every of their Heirs that before the end of Trinity Term now next ensuing there shall be one Recovery in the nature of a common Recovery for Lands Tenements and Hereditaments in such cases used and accustomed and executed in his Majesties said Court of Common Pleas by or in the name of the said G. H. and I K. demandant against the said C. D. and E. F. Tenents of the said Messuage and Lands with the Appurtenances who shall vouch to warranty the said A. B. who being vouched shall appear gratis and enter into the warranty and vouch over the common Vouchee and the said common Vouchee shall thereupon appear also and enter into the warranty and afterwards make default to the end that one perfect common Recovery shall and may be of the said Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries in such cases used 16. And it is covenanted concluded and fully The Uses agreed by and between all the said Parties to these presents respectively for them and every of them their and every of their Heirs that the said Fine and Recovery so to be had levied suffered and executed as aforesaid as touching and concerning all and every the said Mannor or Lordship of M. and the said Messuage or Tenement in B. and the several Lands Tenements and Hereditaments before mentioned whereof the said Fine and Recovery were severally and respectively had levied and suffered as aforesaid And all and every other Fine and Fines Recovery and Recoveries to be had of the said Mannor and other the Premisses thereunto belonging and of the said Messuage and Lands and other the Premisses before mentioned to belong thereunto by and between the said Parties or any of them before the end of the said Term of the Holy Trinity shall be and inure and as well the said Cognizees as the said Recoverors and their several and respective Heirs shall severally and respectively stand and be seized of all and every the Premisses to the uses intents and purposes and under the Provisoes conditions and limitations herein after mentioned and expressed and to no other use Another upon a Fine and Recovery of several things already had intent or purpose whatsoever 17. This Indenture c. Between A. B. and E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Whereas in the Term of c. last past a Fine â—ur cognizancr de droit come cco c. with Proclamations according to the Statute in such case made and provided was levied between the said C. D. and E. F. plaintiffs and the said A. B. and E. his wife deforciants of the Mannor of c. by the name of c. And whereas the said G. H. and I. K. did in the said Term by Writ of entry sur disseisin en le post recover against the said C. D. and E. F. one Messuage in B. c. by the name of c. in which Recovery the said C. D. and E. F. did vouch to warranty the said A. B. who thereupon entred into the warranty and vouched over the common Vouchee proceeding in all things therein according to the form and order of common Recoveries for assurance of Lands Tenements and Hereditaments used and accustomed as in and by the several Records of the said Fine and Recovery remaining in his Majesties Court of Common Pleas reference being thereunto had more fully and at large it doth and may appear Now witnesseth this present Indenture that the true intent and meaning of the said A. B. and E. his wife and of the Cognizees and Parties to the said Fine and also of the said Recoverors and Parties to the said Recovery and of all and every Parties to these presents before and at the several and respective Time and Times of the acknowledging and levying of the said Fine and of the suffering of the said Recovery for and concerning the said Mannor Lordship Messuage Lands Tenements Hereditaments and Premisses whereof the said Fine and Recovery were severally and respectively levyed suffered and had as aforesaid alwaies was and yet is that as well the said Fine as Recovery and all and every Fine and Fines Recovery and Recoveries of the said Mannor of M. c. and Messuage and Lands in B. and all other the Premisses with the Apurtenances respectively at any Time formerly had levied suffered or executed whereunto the said A. B. and E. his wife or the said A. B. singly was and is in any wise Party and all and every the executions of the same should and shall be and inure to the uses intents and purposes and under the provisions conditions and limitations hereafter in these presents expressed limitted and declared And that the said Recoverors and either of them and all the Parties to the said Recovery and their Heirs and all other Person and Persons and his and their Heirs who then were and now are or hereafter shall be seized of the said Messuage Lands Hereditaments and Premisses contained in the said Recovery should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the uses purposes and intents hereafter expressed And that the Cognizees of the said Fine and either of them and all the Parties to the said Fine and the Heirs of them and every of them and all and every other Person or Persons and his and their Heirs who at the Time of levying of the said Fine were or now are or herafter shall be seized of the said Mannor c. Lands Tenements Hereditaments and Premisses comprized in the said Fine and every of them should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the uses intents and purposes hereafter in these presents expressed and to no other use intent or purpose whatsoever That is to say To the use and behoof of c. 18. This Indenture c. Between A. B. of Upon a Fine Recovery and other conveiances to be bad the one part and C. D. and E. F. of the other part Winesseth That the said A. B. in consideration c. set down the grounds
or parcel thereof together with all Rents and services reserved upon all or any lease or leases of the Premises or any part or parcel thereof To have or to hold the said Messuage or Tenement c. and all and singuler other the Premisses herein before mentioned and intended to be hereby granted bargained and sold with their and every of their Appurtenances unto the said C. D. and E. F. their Executors Administrators and Assigns from the Day of the Date hereof for and during the full end and term of 6 Months from thence next ensuing and fully to be compleat and ended To the end that by vertue of thesâ— presents and of the Statute of transferring uses into possession the said C. D. and E. F. may be in the actual possession of the Premisses and be inabled to take and accept of a grant and release of the same to them the said C. D. and E. F. their Heirs and Assigns for ever Or thus To the end that the said C. D. and E. F. may by vertue hereof and of the Statute of transferring uses into possession be in the actual possession of the said Messuage Lands and Premisses and be inabled to take and except of a grant and release of a Revertion and inheritance thereof to them and their Heirs In Witness c. 23. This Indenture made c. Between A. B. The release and grant of the Revertion of the one part and C. D. and E. F. of the other part Whereas the said A. B. by Indenture bearing Date the c. Day of this instant January it must bear Date a Day or two after the Lease for the consideration therein mentioned did grant bargain and sell unto the said C. D. and E. F. All that Messuage c. And the Revertion and Revertions Remainder and Remainders of the same and of every part or parcel thereof and all Rents and Services reserved upon any Lease or Leases made of the Premises and every part or parcel thereof To have and to hold the said Messuage or Tenements Lands and Premisses and every part or parcel thereof with the Appurtenances unto the said C. D. and E. F. their Executors Administrators and Assigns from the Date of the said recited Indenture for and during the Term of six Months from thence next ensuing and fully to be compleat and ended By Vertue whereof and of the Statute of transferring uses into Possession the said C. D. and E. F. were and yet are in the actual Possession of the Premisses as by the said recited Indenture Relation being thereunto had more fully and at large it doth and may appear Now Witnesseth this present Indenture That the said A. B. for and in consideration c. †vide cap. 2. and for divers good causes and considerations him hereunto moving Hath granted released and confirmed and doth by these presents grant release and confirm unto the said C. D. and E. F. their Heirs and Assigns all that the aâ—oresaid Messuage or Tenement Lands Hereditaments and Premisses with the Appurtenances and every part and parcel thereof and all the Estate Right Title Interest claim and demand whatsoever of him the said A. B. of in and to the Premisses and every part and parcel thereof And the Revertion and Revertions Remainder and Remainders thereof and of every part and parcel thereof And all Rent and Rents and other services reserved or payable upon any demise or demises Lease or Leases of the Premises or any part or parcel thereof To have Uses and to hold the said Messuage or Tenement Lands and Hereditaments and Premises and every part thereof with the Appurtenances mentioned or intended to be hereby granted released and confirmed unto the said C. D. and E. F. their Heirs and Assigns for ever To the several uses intents and purposes hereafter in these presents mentioned and declared and to no other use intent or purpose whatsoever That is to say To the use and behoof of â— 24. This Indenture c. Between A. B. of Upon a Feoffment past and unexecuted the one part and C. D. and E. F. of the other part Whereas the said A. B. did by his Indenture of Feoffment bearing Date the c. made between the said A. B. of the one part and the said C. D. and E. F. of the other part give grant alien enfeoste and confirm unto the said C. D. and E. F. and their Heirs All that Messuage or Tenement and Lands c. and the Revertion and Revertions Remainder and Remainders thereof and of every part and parcel thereof And all the Estate Right Title Interest Possession Property Claim and Demand whatsoever of him the said A. B. of in and to the same and of in and to every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Hereditaments and all and every other the Premisses with their and every of their Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever Now witnesseth this present Indenture And it is hereby declared that the true intent and meaning of the said A. B. and of all the Parties to the said recited Indenture or deed of Feoffment and to these presents was and yet is that the said Deed of Feoffment and the full force effect and execution thereof should and shall be and inure of for touching and concerning all and every the said Messuage Lands Tenements and Hereditaments with their and every of their Appurtenances to the uses intents and purposes and under the provisoes conditions and limitations hereafter mentioned and expressed And the said Feoffees their Heirs and Assigns should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the same uses intents and purposes and to no other use intent or purpose whatsoever That is to say To the use of c. CHAP. VI. The several Forms of indorsing of Livery made and of Attornements 1. Memorandum That this fifteenth Day of Livery by Feoffor to Feoffee January Anno Domini 1665. Peaceable and quiet possession and seisin of the said Messuage Lands and other the Premisses in this Deed conteyned was delivered by the within named A. B. to the within named C. D. according to the form and effect of this Deed in the presence of those whose names are hereunto subscribed 2. Memorandum That the fifth Day of c. Livery made by Attorney Anno Domini 1665. Peaceable and quiet possession and seisin of the Mannor Messuages Lands Tenements and Hereditaments within specified was taken had and delivered by E. F. and G. H. the Attorneys within named to the within named C. D. according to the Tenor and true meaning of this present Indenture in the presence of those whose names are hereunto subscribed 3. Memorandum That the Day and Year Another within written full and peaceable possession of all and singuler the Lands Tenements and Hereditaments within granted or
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
the end or determination of the said Estate or Interest before limitted to the said C. B. then to the use of c. If the use be lymitted of part of the Lands before limited to A. B. then say thus To the use of the said A. B. for Term of his natural Life and from and after his decease as to such and such Lands setting forth the certainty of them being parcel of the premisses before limited to the said A. B. for Term of his Life to the use and behoof of the said C. B. one of the younger Sons of the said A. B. for the Term of 60. Years to commence immediately from and after the decease of the said A. B. if he the said C. B. shall and do so long live and from and after the end and determination of the said Estate or Interest before limited to the said C. B. then to the use of c. And as for touching and concerning the remainder of the premisses before limited to the said A. B. for Term of his Life being c. set down the particulers of it to the use and behoof of D. B. one other of the Sons of the said A. B. for the Term of 21. Term of Years Years to commence immediately from and after the decease of the said A. B. and from and after the end and determination of the said Estate or Interest limited to the said D. B. To the use of c. 6. And from and after the decease of the said Limitations of uses in Talc to 1. 2. 3. 4. c. Sons A. B. and E. his Wife then to the use and behoof of the Heirs of the Body of the said A. B. lawfully begotten on the Body of the said E. B. Or thus And as touching and concerning the immediate remainder of the said Capital Messuage Lands c. before particularly limited or mentioned or meant to be limited to the use of the said E. B. for her Joynture as aforesaid im-immediately from and after the decease of the said A. B. and E. B. and of the longer liver of them and the immediate Remainder of the said Lands c. whereof no use is before limited to the said E. B. from and after the decease of the said A. B. to the only use and behoâ—f of the first Sonne of the Body of the said A. B. on the Body of the said E. B. lawfully begotten or to be begotten and of the Heirs Males of the Body of such first Son lawfully to be begotten And for default of such Issue then to the use and behoof of the second Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten or to be begotten and of the Heirs Males of the Body of such second Son lawfully begotten And for default of such Issue to the use and behoof of the second Son of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten and of the Heirs Males of the Body of the said third Sonne lawfully to be begotten And for default of such Issue to the use and behoof of the fourth Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten or to be begotten and of the Heirs Males of the Body of such fourth Son lawfully begotten And for default of such Issue then to the use and behoof of the fifth Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten or to be begotten and of the Heirs Males of the Body of such a fifth Son lawfully begotten c. even to the ninth or tenth Sons And for default of such Issue to the use and behoof of all and every other Son and Sons of the said A. B. on the Body of the said E. B. lawfully to be begotten and of the Heirs Males of the Body of every such Son and Sons the elder Son and the Heirs Males of his Body being always preferred before the younger Son and the Heirs Males of his Body according to the Seniority and Priority of Birth and Age And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 7 To the use and behoof of the said A. B. for Another to Sons already born and during the term of his natural Life and from and after the decease of the said A. B. to the use and behoof of the said E. B. for and during the term of her natural Life for her Joynture c. vide before Sect. 20. And from and after the decease of the said A. B. and E. B and of the longer liver of them to the use and behoof of C. B. the eldest Son and Heir apparent of the said A. B. and of the Heirs Males of the Body of the said C. B. lawfully begotten and to be begotten And for default of such Issue to the use and behoof of D. B. second Son of the said A. B. and of the Heirs Males of the Body of the said D. B. lawfully begotten or to be begotten And for default of such Issue to the use and behoof of E. B. third Son of the said A. B. and of the Heirs Males of the Body of the said E. B. lawfully begotten or to be begotten And for default of such Issue to the use and behoof of the †In case there be no more Sons born time of the limitation fourth Son of the said A. B. on the Body of the said E. B. his Wife lawfully to be begotten and of the Heirs Males of the Body of such fourth Son lawfully to be begotten And for default of such Issue to the use and behoof of the fifth Son of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten and of the Heirs Males of the Body of such fifth Son lawfully to be begotten And for default of such Issue then to the use and behoof of all and every other Son and Sons of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten successively one after the other and in order as they shall succeed and be in seigniority of age and priority of birth and of the Heirs Males of the several and respective Bodies of all and every such other Son and Sons lawfully to be begotten And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. lawfully begotten or to be begotten And for default of such Issue to the only use and behoof of the right Heirs of the said A. B. for ever Limitation to the Father for life after to the Son and his Wife remainder to 1 2 3. c. Sons of him in Tail remainder to the Fathers other Sons
said A. B. to die having one only Daughter of his Body on the Body of the said E. begotten then living or afterwards to be born as aforesaid and that the said onely Daughter shall happen to depart this life before that she shall accomplish the Age of Eighteen years or be marryed or if there happen to be two or more Daughters of the Body of the said A. B. on the Body of the said E. begotten then living Then if both or all of the said Daughters shall happen to die or depart this life before either or any of them accomplish their several Ages of Eighteen years or be marryed as aforesaid That then the several sum and sums of Mony intended for the Portions and Advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levyed out of the Rents Issues and profits of all or any the Premisses all Charges and Expences defrayed wherein a full and liberal allowance shall be made and given shall be satisfied and paid to such person or persons as the said A. B. by any writing under his Hand and Seal subscribed by two or more credible Witnesses or by his last Will and Testament to be subscribed as aforesaid shall limit or appoint And in default of any such Limitation or Appointment to the Executors or Administrators of the said A. B. 13. And upon further trust and confidence Moneys to be paid yearly for maintenance of the Daughters and to the end intent and purpose that the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors and Assigns shall out of the Rents Issues and Profits of the said Messuages Lands Tenements Hereditaments and Premisses so to them limited for raising of Portions as aforesaid with their and every of their Appâ—rtenances levy and pay or cause to be levyed and paid to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Thirty pounds per Annum and if there be two or more Daughters the sum of Twenty pounds per Annum a piece until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years or shall be marryed and her or their Portions paid as aforesaid 14. Provided always and it is the true If the Feoffor c. die without Daughters the Estate limited to be void intent and meaning of all and every the parties to these presents That if the said A. B. shall happen to depart this life without any Issue female of his body upon the body of the said E. begotten or without leaving the said E. with child of one or more Daughter or Daughters that shall be after born alive That then the Estate and Estates so limited as aforesaid to the said C. D. E. F. and G. H. for years as aforesaid shall cease determine and be utterly void 15. Provided also that from and immediately After Portions paid the Estate limited to be void after such time as the said C. D. E. F. and G. H. and the Executors or Administrators of the survivor of them shall or might have limited and raised the said several Portions and present maintenance for such Daughter or Daughters as aforesaid That then the said Estate for years limited in trust as aforesaid to them the said C. D. E. F. and G. H. shall cease dètermine and be utterly void And the said Messuages Lands Tenements and Premisses so to them limited in trust as aforesaid shall immediately go and be to such person and persons to whom the Reversion or remainder of the said Messuages Lands and Premisses shall belong and appertain 16. This Indenture c. Between A. B. An Estate limited to Daughters to cease upon payment of their Portions by the Heir male The Uses of the first part C. D. E. F. and G. H. on the second part and C. B. Son and Heir apparent of the said A. B. and D. B. Wife of the said C. B. on the third part Let there be a Fine Covenanted to be acknowledged or other Conveyance whereupon a use may be raised Covenanted to be made to C. D. E. F. and G. H. To the use of the said C. B. for and during the Term of his natural life and from and after his decease to the use of E. B. his Wife for and during the Term of her natural life for her Ioynture c. And from and after the decease of the said C. B. and E. his Wife to the use and behoof of the Heirs males of the body of the said C. B. on the body of the said E. lawfully begotten and to be begotten and in default of such Issue to the use and behoof of the Heirs females of the body of the said C. B. on the body of the said E. lawfully begotten and to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 17. Provided alwayes That in case the The Proviso said C. B. shall happen to depart this life without Issue male of his body lawfully begotten on the body of the said E. B. If then the said A. B. or any Heir male of his body shall pay or cause to be paid unto the Daughter or Daughters of the said C. B. on the body of the said E. begotten these several sums following that is to say unto such Daughter of the said C. B. in case he shall have but one the full sum of One thousand two hundred pounds of good and lawful money of England and in case he shall have more Daughters then one by the said E. then living the sum of Two thousand pounds of like lawful moneys among and between them equally to be divided the said payment and payments to be made at their respective Ages of eighteen years or Marriage which of them shall fiâ—st happen at or in c. Or if the said A. B. or any Heir male of his body shall at any time or times by such Security as the said C. D. E. F. and G. H. or the survivors or survivor of them shall direct in writing under their hands or the hand or hands of the survivors or survivor of them sufficiently secure the payment of the said sums in manner aforesaid That then and from thenceforth the Estate The Cessar of the Use to the Daughters Vse and Limitation of the Premisses to the Heirs females of the said C B. on the body of the said E. begotten and to be begotten shall cease and determine and the said Fine and Fines shall be and enure And the said Cognizees and their Heirs shall stand and be seised of all and singular the Premisses from and after the decease of the said C. B. and E. B. and payment made or Security given as aforesaid to the use and behoof of the Heirs males of the body of the said A. B. and for
Assigns for ever upon Trust and confidence nevertheless and to the 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 at his and their free will and pleasure sell convey and assure the said Mannors Messuages Lands and Premisses in the said County of M. and every part and parcel thereof for the best benefit profit and advantage which shall or may be bona fide had or gotten for the same And that the Mony to be raised by every or any such Sale and as every such Sale shall be made shall be forthwith paid Mony raised by Sale to pay Debts mentioned in a Schedule and disposed of as followeth that is to say for and towards the payment of the Debts of the said A. B. and sums of mony mentioned in a Schedule hereunto annexed And in case any Surplusage shall remain over and above such sum and sums of mony as shall be expended in the payment and satisfaction of the said Dâ—bâ—s That then the said Surplusage or Overplus shall be paid by the said C. D. E. F. and G. H. or the Survivors or Survivor of them or the Executors Disposition of the Overplus or Administrators of the Survivor of theâ—â— unto the said A. B. or to such other Person or Persons as the said A. B. shall by his last Will or Testament in writing testified by two or more credible Witnesses or by any other Writing testified as aforesaid under his hand and seal direct and appoint and for want of such direction or appointment to the Executors or Administrators Disposal of the Profits before Sale of the said A. B. And upon further Trust and confidence that the said A. B. his Executors Administrators and Assigns shall and may until such Sale made have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannors Messuages Lands and Premisses hereby limited and intended to be sold as aforesaid 4. To the use of the said A. B. for Term of A limitation for years to Executors to pay Debts his natural life without impeachment of or for any manner of Waste and from and after his decease to the use and behoof of such Person or Persons as shall be Executor or Executors of the last Will and Testament of the said A. B. for and during the end and Term of ten years upon Trust and to the end intent and purpose That the said Executor or Executors may dispose of all the Rents Issues Profits and Revenues of the Premisses and of every part and parcel thereof for and towards the payment of the Debts of the said A. B. and such Legacies as shall be by the said Will given and devised the reasonable Cost and charges of the said Executors in reparation of the Premisses or any part thereof and in execution of the said Trust being deducted And from and after the end expiration or other determination of the said Vse and Estate â—imited to the said Executors To the use of c. 5. To the use of M. B. Widow Mother of To the use of Executors for performance of a Will the said A. B. for and during the Term of her natural life And from and after the decease of the said M. to the use of the said A. B. for and during the Term of his natural life and from and after the decease of the said M. B. and A. B. To the use and behoof of the Executors and Administrators of the said A. B. for and towards the performance of the last Will and Testament of the said A. B. for the term of 〈◊〉 years and from and after the end expiration or determination of the said Term of six years to the use and behoof of c. 6. After a limitation to A. B. for life Then Another for performance of a Will follows And from and after the decease of the said A. B. to the use of such Person or Persons as the said A. B. by his last Will and Testament in writing or by any other Writing to be by him sealed and subscribed in the presence of two or more credible Witnesses shall nominate and appoint for such Term and until such time as the same Person or Persons so to be nominated shall or may levy take or receive out of the yearly Rents Issues and Profits of the Premisses such sum or sums of Mony nor exceeding the sum of Two hundred pounds in the whole to be disposed of distributed or paid to such Person or Persons and in such manner and form and to such ends intents and purposes as the said A. B. shall in and by his last Will and Testament or other Writing as is aforesaid limit and appoint And in default of such limitation or appointment to the Executors or Administrators of the said A. B. And after the end or determination of the said Vse or Estate last before-mentioned Then to the use and behoof of C. B. Son and Heir of the said A. B. and the Heirs of the said C. B. lawfully begotten or to be begotten And for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever CHAP. XI Forms of Alteration of Vses upon Acts done c. 1. TO the use and behoof of the said These were the uses of a Fine c. intended to be acknowledged If other Lands be conveyed in lieâ— of the Lands limited then the use in those Lands to be to another c. C. B. who is Feoffors Son for and during the Term of his natural life and from and after his decease to the use and behoof of E. B. wife of the said C. B. for and during the Term of her natural life and from and after the decease of the said C. B. and E. B. and of the Survivor of them to the use and behoof of c. 2. Provided alwaies and it is Covenanted granted concluded 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 the said Parties hereunto That if the said A. B. or the said C. B. or either of them shall at any time hereafter during the natural life of the said E. B. convey and settle or cause or procure to be conveyed and setled a good perfect and indefeasible Estate in the Law in and to the said E. B. or to her use and behoof of in or to any other Mannor or Mannors Lands or Tenements within the Kingdom of England of the clear yearly value of Two hundred pounds per annum of lawful Mony of England or more over and above all Charges and Reprises for Term of the natural life of the said E. B. and to and for her only use and behoof to begin and take effect in possession immediately upon the decease of
the said C. B. in lieu and recompence of such Lands Tenements and Hereditaments in D. aforesaid as are before in and by these presents intended or agreed to be conveyed and assured unto the said E. B. for and during the Term of her natural life in such manner and form as is aforesaid That then the said Estate The alteration of the use for life hereby limited and appointed to or for the said E. B. of in and to the said Lands Tenements and Hereditaments and all and singular other the Premisses in D. aforesaid shall cease determine and be utterly void frustrate and of none effect And that then and from thenceforth the said Recovery and Recoveries c. shall be and shall be adjudged deemed and taken to be and the said Recoverors c. and every of them their and every of their Heirs shall and will stand and be seized and be adjudged deemed and taken to stand and be seized from and after the decease of the said C. B. of and in such and so much of the said Lands and Tenements and other the Premisses in D. aforesaid as is limited and appointed before in and by these presents to or for the use of the said E. B. for term of her life as aforesaid to the only use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said C. B. on the Body of the said E. B. lawfully begotten and to be begotten and for default of such Issue then to such further use and uses behoofs intents and purposes as be thereof before in or by these presents expressed and declared and to none other use or uses intents or purposes whatsoever Any thing before in these presents contained to the contrary thereof in any wise notwithstanding 3. This Indenture c. Between A. B. To alter the Use upon non-payment of an Annuity or Rent vide Chap. 9. of the first part C. D. and E. F. of the second part and G. H. of the third part Let there be first a Covenant from A. B. to leâ—y a Fine sur cognizance de droit come ceo c. of all that Mannor c. to C. D. and E. F. Then add And it is Covenanted agreed condescended unto and declared by and between all the said parties to these presents That the said Fine so to be acknowledged and levied as aforesaid shall be and inâ—re and the said C. D. and E. F. their Heirs and Assigns and the survivor of them and his Heirs and Assigns shall stand and be seised of the said Mannor c. and all other the Premisses to the uses intents and purposes hereafter mentioned that is to say to the end intent and purpose That the said G. H. and his Assigns shall and may yearly during his natural life lawfully and peaceably have perceive and take out of the said Mannor c. and all other the Premisses one yearly Rent of Two hundred pounds per annum of lawful moneys of England at two usual dayes or Feasts in the year that is to say the Feasts of c. with a Clause of Distress c. vide Chap. 8. Sect. 5. 4. And further That if it shall happen Upon non-payment to enter the said yearly Rent of Two hundred pounds or any part thereof to be behind or unpaid by the space of Thirty days next after either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid being lawfully demanded That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns into the said Mannor c. and Premisses and every part and parcel thereof to enter and the same to have hold and enjoy for and during the term of his natural life And that immediately from and after such Entry made the said C. D. and E. F. the Feoffees or Cognizees their Heirs and Assigns and all other person and persons whatsoever Cognizees after Entry to stand seised to Grantees use Another which now are or at the time of such default made shall be seised of and in the said Mannor c. shall stand and be seised thereof and of every part and parcel thereof to the use and behoof of the said G. H. and his Assigns for and during the term of his natural life c. with remainders over c. 5. And that if it shall happen the said yearly Rent of c. to be behind or unpaid in part or in all by the space of Thirty days next after either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid being lawfully demanded That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns into the said Mannor c. and every part and parcel thereof to enter and the same to have holâ— and enjoy until he shall out of the Rents issues and profits thereof have levied and received the said Annuity of c. and all and every the arrears The party to have the Land until satisfied of the Rent and Arrearâ— thereof together with such reasonable costs charges and expences as the said G. H. or his Assigns shall be at in the levying and receiving of the same And that then and from thenceforth after such default and Entry made as aforesaid the said C. D. and E. F. the Cognizees and their Heirs shall stand and be seised of the said Premisses and of every part and parcel thereof to the use and behoof of the said G. H. and his Assigns for during and until such time as the said G. H. or hâ—s Assigns shall and may lawfully hold and enjoy the Premisses according to the intent and true meaning of these presents c. 6. Provided alwayes That if the said Another to make void and alter a Use upon Marrâ—age without Fathers consent C. B. or any of the Sons of the said A. B. lawfully begotten or to be begotten which shall fortune to be Heir apparent of the said A. B. shall in the life-time of the said A. B. marry or take to Wife any Woman or contract Marriage with any Woman without the consent of the said A. B. first had and obtained in Writing thereunto That then the Estate Vse remainder and possession of every such person and persons so marrying or contracting shall cease determine and be void And that yet nevertheless all other the several Vses Estates and Remainders by these presents limited and expressed of and for the said Mannors c. shall stand remain and continue in full force and effect And the said Fine so to be had and levied as aforesaid shall be und inâ—re and the said Cognizees therein to be named and the survivor of them and his Heirs shall stand and be seised of the said Mannor c. in the said Fine to be contained to the use and behoof of such other person
or persons as should or ought to have had the same by the true intent and meaning of these presents next after the determination of the Estate of the same person or persons so marrying or contracting in such manner and form and of such Estate and Estates as is herein before limited any thing herein before contained to the contrary hereof in A Rent to cease upon a Daughters Marriage without Fathers license or his payment to her a Portion any wise notwithstanding 7. And it is Covenanted concluded and agreed by and between all the said parties to these presents for them and every of them their and every of their Heirs and Assigns And it is the true intent and meaning of the said Feoffment Fine and other assurance of the said Premisses so made as aforesaid That they the said C. D. E. F. and G. H. shall stand and be seâ—sed of the said Mannor and of all and singular other the Premisses to the uses intents and purpose following that is to say to the use intent 〈◊〉 purpose that the said C. B. the Son of the Feoffor A. B. and his Assigns shall and may receive yearly c. And also to the use intent and purpose That K. B. one of the Daughters of the said A. B. shall and may yearly during the term of her natural life have and perceive out of the said Premisses one yearly Rent of Forty pounds per annum of good and lawful money of England to be paid at the Four usual Feasts of the year that is to say at the Feasts of the Annunciation of St Mary the Blessed Virgin St. Ioâ—n the Baptist St. Michael the Archangel and the Nativity of our Lord and Saviour Iesus Christ by even and equal portions And if it shall happen the said yearly Rent of Forty pounds or any part thereof to be behind or unpaid at any of the said Feasts or days of payment whereon the same ought to be paid as aforesaid That then the said K. B. and her Assigns during the life of the said K. shall and lawfully may enter and distrain in and upon the said Premisses or any part thereof for the same so being behind as for a Rent-charge to all intents and purposes 8. Provided alwayes That if the said The Proviso K. B. shall during the life-time of the said A. B. happen to marry without the consent of the said A. B. to such Marriage first had and obtained Or if the said A. B. shall or do at any time during his natural life bestow upon the said K. in Marriage or otherwise the sum of Five hundred pounds of lawful moneys of England That then and from thenceforth the said Annual sum of Forty pounds per annum shall cease and be determined to all intents and purposes whatsoever 9. To the use and behoof of the said A. B. To alter an Use limited to the Wife upon her claim of Dower for and during the term of his natural life without impeachment of or for any manner of waste and from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the term of her natural life and from and after the decease of the said A. B. and E. B. and of the survivor of them to the use and behoof of the right Heirs of the said A. B. for ever Provided always and it is the true intent The Proviso to alter the Use and meaning of these presents That if the said E. B. shall or do at any time or times after the decease of the said A. B. in case she shall fortune to survive him commence or cause to be commenced any Action or Suit for any Dower out of or in all or any of the Mannors Land Tenements or Hereditaments of the said A. B. or whereof he was seised of any Estate of Inheritance during the coverture between her and the said A. B. and shall not hold her self satisfied with the Lands and Tenements aforesaid limited meant and intended to and for her Ioynture and in satisfaction of her Dower That then and immediately from thenceforth the said Vse and Estate herein before limited to the said E. B. shall cease determine and be void to all intents and purposes and that then and from thenceforth the said Cognizees shall stand and be seised of the Premisses and of every part thereof to the use and behoof of the right Heirs of the said A. B. according to the Limitation aforesaid 10. To the use and behoof of the said A. B. Another for and during the term of his natural life and from and after his decease to the use and behoof of E. B. now wife of the said A. B. for and during the Term of her natural life or until such time as she the said E. B. or any other by her allowance or appointment shall by any publick act by her him or them to be done or permitted to be done seek endeavour or put in practice to obtain any Dower of in or to any the Lands Tenements or Hereditaments of the said A. B. or whereof he was seized of any Estate of Inheritance during the Coverture between him and the said E. B. and immediately from and after such publick act as aforesaid or after the decease of the said E. B. and A. B. to the use and behoof of the right Heirs of the said A. B. for ever 11. Let there be a Covenant from A. B. to To alter a Use upon Non-payment of a sum in gross levy a Fine to C. D. and then add as followeth which said Fine so to be had and executed as aforesaid of all and every the said Messuages Lands Tenements Hereditaments and Premisses shall be and inure and shall be deemed construed and taken to be and inure to the onely use and behoof of the said C. D. his Heirs and Assigns for ever 12. Provided alwaies nevertheless That The Proviso if the said C. D. his Heirs Executors Administrators or Assigns shall not well and truly content and pay or cause to be well and truly contented and payed unto the said A. B. his Heirs Executors Administrators or Assigns in or upon the c. next ensuing the Date hereof hereof at or in the now dwelling house of the said A. B. scituate in H. aforesaid the sum of One thousand pounds of lawful Moneys of Englands but in payment thereof or of any part thereof shall make default contrary to the true intent and meaning of these presents That then and from thenceforth the use before limited to the said C. D. of for and concerning all and every the said Messuages Lands Tenements Hereditaments â—â—d Premisses and of for and concerning every part and parcel thereof shall cease and determine â—nd that then and from thenceforth the said Fine to be had and executed as aforesaid and the Execution thereof shall be and inure and the said C. D.
his Heirs and Assigns and all and every other Person and Persons that shall stand and be seized of the said Messuages Lands Hereditaments and Premisses or of any part or parcel thereof shall stand and be seized thereof from and after such default of payment made as aforesaid to the use and behoof of the said A. B. his Heirs and Assigns for ever and not to any other use or uses intents or purposes whatsoever 13. Provided always and it is Covenanted Another being a provision for a youngeâ— Son granted condescended concluded and fully agreed by and between all the said Parties to these presents and the true intent and meaning of them and every of them and of these presents is That if the said C. D. the Elder Brother or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannor of D. in the said County of M. and the Lands Tenements and Hereditaments thereunto belonging or any of them their or some or one of their Heirs or Assigns or some or any of them shall not within two years next after the decease of the said A. B. well and truly pay or cause to be paid unto E. B. one of the Sons of the said A. B. if he the said E. B shall be then living the suâ— of Two thousand pounds of lawful Moneys of England That then and immediately after such default of payment all and every the Vse and Vses herein before limited and declared as for and concerning all the said Mannâ—r of D. and the Lands Tenements and Herâ—ditaments thereunto belonging shall cease and be vaid And then and from thenceforth the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered shall be and inure and the Recoveror and Recoverors therein named his and their Heirs shall stand and be seized of and in the said Mannor and Premisses in the said County of M. to the use and behoof of the said E. B. his Heirs and Assigns for ever 14. Make an Indenture Tripartite between Another â—o alter a use upon payment of a sum in gross A. B. and E. his wife of the first part C. D. and E. F. of the second part and G H. of the third part and let A. B. for himself and E. B. his wife Covenant to levy a Fine to C. D. and E. F. of all those Mannors c. Then add And it is Covenanted granted concluded and agreed by and between all and every the said Parties to these presents for them and every of them their and every of their Heirs and Assigns That the said Fine so to be acknowledged and levyed as aforesaid of the said Mannoâ—s Lands Tenements Hereditaments and Premisses and the Execution thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and of the Heirs of such of them to whom the Inheritance of and in the Premisses shall be limited in and by the said intended Fine shall be and for ever shall be adjudged and taken to be And also that they the said C. D. and E. F. and the Heirs of such of them to whom the Inheritance of the said Premisses shall be limited in and by the said inten 〈…〉 ine shall stand and be seized of and in all anâ— singular the said Mannors Lands Tenements Hereditaments and Premisses and of every part thereof with Th' appurtenances to and for the uses intents and purposes hereafter in these presents mentioned that is to say To the use and behoof of the said G. H. his Heirs and Assigns for The use of the Fine ever under the Proviso Condition and Agreement hereafter in these presents mentioned and contained 15. Provided always and upon Condition Proviso to make void the use upon payment of Money That if the said A. B. his Heirs Executors or Administrators or any of them shall and do well and truly satisfie and pay or cause to be well and truly satisfied and payed unto the said G. H. his Heirs Executors Administrators or Assigns the full sum of One thousand pounds of lawful Moneys of England at or in the Middle-Temple-Hall London in manner and form following viz The sum of Five hundred pounds thereof on the c. That then and from thenceforth the said Vse and Estate of the said G. H. and of his Heirs and Assigns of and in all and every the said Mannors c. shall forthwith cease and be utterly frustrate and void And also that immediately from and after the said sum of One thousand The new use limited after payment pounds shall be fully satisfied and paid as aforesaid the said Fine so intended to be had and levyed as aforesaid and the Estate thereby in any wise to be had or made shall be and for ever shall be taken to be of and in all and every the said Mannors Lands Tenements Hereditaments â—nd Premisses to the use and behoof of the said A. B. and E. his wife for and during their natural lives and for and during the natural life of the longer liver of them and from and after their deceases then to the use and behoof of the Heirs Males of the Body of the said A. B. upon the 〈◊〉 of the said E. B. lawfully begotten and 〈◊〉 default of such Issue to the use To alter an Use upon a Portion given in Marriage paid back if the Marriage take not effect c. 16. To the use of G. H. and his Heirs until the said sum of Five hundred pounds paid by the said G. H. unto the said A. B. as the Marriage Portion of the said E. H. in case the said intended Marriage between the said C. B. the Son of A. B. and the said E. H. shall not take effect before the Feast of c. next ensuing the Date hereof be repayed by the said A. B his Heirs Exâ—â—â—tors or Administrators unto the said G. H. his Executors or Administrators But in case the said Marriage shall take effect Then from and after the said intermarriage had and solemnized the said Fine so to be had and levyed as aforesaid shall be and enure and shall be deemed construed and taken to be and enure to the use and behoof of the said C. B. for and during the term of his natural life and from and after the decease of the said C. B. to the use and behoof of the said E. for and during the term of her natural life And from and after the decease of the said C. B. and E. F. and the Survivor of them To the use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said E. lawfully to be begotten c. And in case the said Marriage shall not take effect before the said Feast of c. That then immediately from and after the said repayment of the said Marriage Portion to be made as aforesaid
the said Fine to be had and levyed as aforesaid shall be and enure and shall be deemed construed reputed and taken to be and enure to the use and behoof of the said A. B. his Heirs and Assigns for evermore CHAP. XII Power given to Revoke Vses and to limit New 1. PRovided always that if the said A. B. Power to revoke by Deed attested by two or more Witnesses shall at any Time during his natural life intend or be minded to alter change repeal revoke or make void all the said Estates Vses Remainders and Limitations before in these presents mentioned or any of them of and in the Premisses or any part or parcel thereof And shall by any Deed or Deeds in writing under his Hand and Seal to be attested by two or more credible Witnesses subscribing their Names thereunto signifie and declare that his mind and intent is to alter change repeal revoke or make void the said Estates Vses Remainders and Limitations or any of them That then and at all times from and after such Deed or Deeds shall be so signed sealed and attested as aforesaid All and every the said Vses Estates Remainders and Limitations before in these presents specified and declared or such or so many of them as shall be mentioned in the said Writing oâ— Writings of Revocation to be repealed revoked or made void of or in the said Premisses or any part thereof shall from thenceforth cease determine and be repealed revoked and utterly void for ever And that Cognizees c. to stand seized to other uses then and from thenceforth the said C. D. E. F. c. and the Survivors and Survivor of them his and their Heirs and all and every other Person and Persons whatsoever which shall be then seized of the said Premisses with Th' appurtenances or of any part or parcel thereof shall stand and be seized thereof or of so much thereof as shall be mentioned and contained in the said Writing or Writings of Revocation to be therein and thereby revoked repealed and made void as aforesaid to the onely use and behoof of him the said A. B. his Heirs and Assigns for ever or to such other use or uses intents and purposes as in and by the said Deed or Deeds Writing or Writings of Revocation shall be limited declared and appointed and to none other use intent or purpose whatsoever any thing before specified to the contrary thereof in any wise notwithstanding 2. Provided always and it is fully agreed by and between all the said Parties to these presents To revoke and limit new Uses by Deed or last Will. That it shall and may be lawful to and for the said A. B. at any time or times hereafter during his life at his free will and pleasure by his Deed or last Will and Testament in writing by him to be Sealed and Published in the presence of three credible Witnesses at the least to alter change determine revoke or make void all or any the Vse or Vses Estate or Estates in these presents before declared mentioned or limited of the Premisses or any part thereof And that at all times from and after such time as the said A. B. shall by any such his Deed or last Will in Writing so express and declare his pleasure and mind to be to alter change determine revoke or make void all or any the Vse or Vses Estate or Estates in these presents before declared mentioned or limited of the said Premissâ—s or any part thereof That then and from thenceforth all or such of the said Estate and Estates Vse and Vses herein before declared as shall be so declared and mentioned by such Deed or last Will of the said A. B. to be altered changed determined or made void shâ—lâ— cease determine and be void And that then and from thenceforth the said Fine or â—ines and the said Cognizees therein to 〈◊〉 named and all other Person and Persons which shall then happen to be seized of New Uses the Premisses or any part or parcel thereof of which the Vse or Vses shall be so altered changed revoked determined or made void shall thereof stand and be seized to the use of such Person and Persons and of such Estate and Estates and in such manner and form as in and by such Deed or last Will of the said A. B. Sealed Published and Attested as aforesaid shall be declared and expressed and for want of such declaration to the use and behoof of the said A. B. his Heirs and Assigns for ever 3. Provided always nevertheless and it is Another where the Uses were raised by a Covenant to stand seized Covenanted concluded and fully agreed by and between all the said Parties to these presents That if the said A. B. shall be mindful at any Time hereafter to alter or revoke the said Vses or any of them and the Estate or Estates that shall or may be vested or setled by vertue force or reason of these presents and of the Statute of transferring Vses into possession It shall and may be lawful to and for the said A. B. at all times at his own will and pleasure during his natural life in or by his Deed in writing to be testified by two or more credible Witnesses or by the last Will and Testament of him the said A. B. to be testified as aforesaid to revoke alter change determine annul make void and frustrate all or any of the said Vses or Estates in these presents before mentioned of all or any part or parcel of the said Mannor c. And also by his said Deed in writing or by his last Will in writing to be testified as aforesaid to limit declare and appoint the Vses of the said Mannor Lands and Premisses or of any of them or of any part or parts of them to any of the Persons before-named or to any other Person or Persons whatsoever And that upon such new Declaration Limitation and Appointment of any new or other Vse or Vses Estate or Estates of or in the Premisses or any part or parcel thereof as aforesaid The Vse and Vses Estate and Estates of such or so much of the Premisses whereof any such new Declaration Limitation and appointment shall be so had and made shall be and the said A. B. his Heirs and Assigns and all and every other person and persons and his and their Heirs and Assigns which at any time hereafter shall stand and be seised of such and so much of the Premisses whereof any such new Declaration Limitation and appointment shall be so had and made shall stand and be seised thereof to the use of such person and persons and of such Estate and Estates as shall be mentioned and expressed in the said Deed or last Will any thing in these presents contained to the contrary hereof in any wise notwithstanding 4. Provided always and the true intent Another and meaning of these presents and of all the parties
hereunto is That it shall and may be lawful to and for the said A. B. and the said A. B. shall have full power at all times hereafter and from time to time during his life at his free will and pleasure by any his Deed or Deeds Writing or Writings or by his last Will and Testament in writing by him to be seal'd and subscribed in the presence of Two or more credible Witnesses to alter change diminish enlarge revoke determine or make void all and every or any the Vse and Vses Estate and Estates before in and by these presents limited expressed mentioned declared or appointed to any person or persons of or in the said Premisses or any part or parcel thereof and to declare create limit or appoint any other Vse or Vses Estate or Estates to any of the person or persons aforesaid or to any other person or persons whatsoever in such sort manner and form and for such Estate or Estates term terms as the said A. B. shall think meet and convenient And that at all times and from time to â—â—me immediately from and after such alteration change diminution inlargement revocation or determination of the said Vse or Vses Estate or Estates and Creation Declaration Limitation or Appointment of any other Vse or Vses Estate or Estates The said Fine or Fines and Recovery or Recoveries and all and every other Conveyance and Conveyances Assurance and Assurances in the Law whatsoever heretofore had or made or at any time hereafter to be had or made of the said Mannor c. or of any part thereof according to the intent and true meaning of these presents shall be and enure and shall be construed deemed adjudged and taken to be and enure And the said Cognizee or Cognizees of the said Fine or Fines and Recoveror or Recoverors in the said Recovery or Recoveries and the Survivors and Survivor of them their and every of their Heirs and the Heirs of the Survivor of them shall immediately from thenceforth stand and be seized of and in the Premisses or of or in such part thereof whereof any such Declaration Creation Limitation or Appointment of other Vse or Vses Estate or Estates Term or Terms shall be made as is aforesaid to and for such Vse and Vses Estate and Estates intents and purposes and of such Person and Persons and in sucâ—â—ort manner and form as the said A. B. in or bâ— such Deed or Deeds Writing or Writings or bâ— his last Will and Testament in writing by him Sealed and subscribed and testified as aforesaid shall from time to time Create declare limit express or appoint and to none other use intent or purpose whatsoever These presents or any thing therein contained to the contrary thereof in any wise notwithstanding 5. Provided alwayes and it is further Another giving power to revoke Uses with exception of Leases c. hereby Covenanted granted condescended agreed published and declared by and between all and every of the aforesaid parties That the true intent and meaning as well of the aforesaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents was and is that it should and might be and shall and may be lawful to and for the said A. B. from time to time and at all times during his life by his Writing or Writings by him to be signed or sealed in the presence of Three Witnesses of credit or more to signifie or declare that his will and pleasure is That all or any of the Vse or Vses Estate or Estates in possession Reversion or remainder limited appointed raised created or implied in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and Premisses or any of them or for touching or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said Vse and Vses Estate and Estates in possession Reversion or remainder so signified or declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the intent and true meaning of the said A. B. so as aforesaid to be signified and declared other then such Lease or Exception vide Apres Sect. 9. Leases Estate or Estates or Charges which he the said A. B. shall make lay or charge of or upon any of the Premisses for satisfying of Debts or for valuable consideration in money or otherwise by force of the aforesaid Proviso in these presents before expressed And also that Raising new Uses then and from thence forth at all time and times after such signification or significations Declaration or Declarations so to be made it shall and may be lawful to and for the said A. B. at any time or times during his life so often as he shall think good by any other his Writing by him to be signed sealed and testified as aforesaid to limit create appoint and declare of for and concerning the said Mannors Lands Tenements Hereditaments and Premisses or any of them any new or other Vse or Vses to the person or persons aforesaid or to any other person or persons whatsoever and that then and from and after such new Limitation the said Recovery and Fine respectively shall be and inure And New Uses the said Recoverors in the said Recovery and Cognizees of the said Fine and their Heirs and all and every person and persons who then shall be and stand seised of and in the Premisses or any part thereof whereof such new Vse or Vses shall be declared created raised limited or appointed and his and their Heirs shall respectively stand and be seised of the same Premisses or such part thereof whereof such new Vse or Vses shall be declared limited or appointed to such use and uses of such person and persons to whom such other or new Estate or Estates Vse or Vses shall be newly declared created raised limited or appointed and for such Estate and Estates and in such manner and form and by and under such Limitations Conditions and Provisoes as shall be so newly appointed expressed or declared And for want of such Declaration or new Limitation so to be made after any such Revocation Then the said Recovery and Fine touching such of the Premisses whereof no such Declaration Limitation or appointment of Vse shall be made shall be and inure to the only use and behoof of the said A. B. his Heirs and Assigns for ever any thing herein before contained to the contrary thereof notwithstanding But it is and always was the intent of all the parties to these presents That no Revocation or new Limitation should or shall any way frustrate or make void any Lease Estate Rent or Charge made granted or charged or No Revocation or new Limitation to prejudice Leases
c. to be made granted or charged of or upon the Premisses or any part or parcel thereof by the said A. B. for valuable consideration or otherwise by vertue or force of any former Proviso in these presents expressed but that the same and every of them shall stand good according to the purport and true meaning of them and every of them notwithstanding any such Revocation or new Limitation hereafter to be made 6. Provided always and it is hereby explained Power of Revocâ—tion of uses as to particular persons and limiting new and declared to be the true intent and meaning of these presents and of all the parties to the same That it shall and may be lawful to and for the said A. B. and E. his Wife at any time during the Coverture between them by any Writing or Writings Indented to be by them signed and sealed in the presence of Three or more credible Witnesses who shall thereunto subsscribe or indorse their Names or Marks testifying the same to alter change Revoke determine diminish or enlarge all or any the Vse or Vses herein before limited touching or concerning the said Messuage Lands and Premisses herein before limited to the said A. B. and E. his Wife for their lives or any part or parcel thereof And by the same Writing or Writings or by any other Writing or Writings Indented so signed sealed and testified as aforesaid to limit or appoint any other Vse or Vses of the same last mentioned Messuage Lands and Premisses or any part or parcel thereof to the said person or persons or to any other person or persons and of such Estate and Estates as to them shall â—eem meet And in case any such new Limitation or appointment of Vses shall be made That then the said Fine so to be levied shall be and inure and shall be deemed adjudged construed and expounded to be and inure as touching the said Messuage Lands and Premisses last before mentioned and every or any part thereof whereof such new Vse or Vses shall be limited or declared as aforesaid to and for such new Vse and Vses as in and by such Writing or Writings so to be signed sealed and testified as aforesaid shall be expressed limited and declared 7. Provided alwayes and it is the true Another as to particular persons intent and meaning of these presents and of all the parties hereunto That if the said A. B. shall at any time hereafter during his natural life be minded or willing to revoke and make frustrate and void the Vse and Vses limited as aforesaid to the said C. B. and D. B. and their Heirs respectively or to limit raise or appoint any other Vse or Vses for or concerning the Premisses to them herein before limited or any part or parcel thereof And the same his will and meaning shall declare in writing under his Hand and Seal in the presence of Two or more credible Witnesses That then and immediately after such Declaration had and made the said Vse and Vses hereby limited to the said C. B. and D. B. and their Heirs of for and concerning the said Premisses or so much thereof whereof the said A. B. shall make such Declaration shall cease determine and be utterly void And that then and at all times after the said Fine shall be and inure and the said C. D. E. F. and G. H. the Cognizees and their Heirs and Assigns shall stand and be seised of the same Premisses whereof such Declaration shall be made to such other Vse and Vses as the said A. B. either by the same or by any other Writing under his Hand and Seal to be testified as aforesaid at any time during his life shall nominate and appoint 8. Provided alwayes c. That it shall Another whereby power is given to revoke and limit new Uses with consent of Cognizees Fâ— offâ—â—s c. and may be lawful to and for the said A. B. at any time or times during his natural life by his Deed or Deeds Indented to be by him seal'd and delivered in the presence of c. by and with the consent and approbation of the said C. D. E. F. and G. H. or of the survivors or survivor of them his or their Heirs and Assigns testified in writing under his and their Hands and Seals to alter change determine or make void all or any the Estate or Estates Vse or Vses before by these presents limited and appointed except only the Vses hereby before limited and appointed to or for the Ioynture of the said E. B. as aforesaid And that from and after such alteration change Revocation determination or making void thereof or of any part thereof these presents and all other Assurances of the Premisses whatsoever shall be and enure and shall be adjudged deemed construed and taken to be and enure And the said C. D. E. F. and G. H. and their Heirs and Assigns and the Heirs and Assigns of the survivor and survivors of them shall stand and be seised of all and singular the Premisses except before excepted Exception or so much thereof whereof such alteration change Revocation determination or making void shall be had and made as aforesaid to such other use and uses and to the use of such person and persons and for such Estate and Estates and in such sort manner and form as the said A. B. by any such Deed or Deeds Indented seal'd and executed in the presence of c. by and with such consent and approbation as is aforesaid shall declare limit and appoint And from and after such Revocation in default of such Declaration limitation and appointment then to the use and behoof of the said A. B. his Heirs and Assigns for ever 9. Provided always c. That the said A. B. Another with a Clause to preserve Leases shall and lawfully may at any time during his natural life with the licence and assent of the said c. or his Heirs under his or their Hand or Seal or Hands and Seals first had and obtained in writing by the Deed or Deeds of him the said A. B. duly executed in the presence of c. to alter change repeal or revoke the Vses or Limitations before-mentioned or any of them and by the same or afterwards by any other Deed or Deeds to be testified as aforesaid to limit or appoint such part of the said Mannors c. whereof such licence shall be had and procured to be to such Vse or Vses for such Estate or Estates and for such Person or Persons and his or their Heirs as the said A. B. shall by such Deed or Deeds declare limit or appoint And it is agreed by and between the said Parties to these presents That the said Conveyances herein before Covenanted to be had or made as aforesaid shall be and inure and the said Feoffeâ—s and their Heirs after such Licence had and obtained as aforesaid and such Declaration Limitation and Appointment had and
made shall stand and be seized of the Premisses or such part thereof whereof such Declaration Limitation and Appointment shall be made to such uses and intents of such Estate and Estates for such Pâ—rson and Persons and in such manner and form as by the said A. B. shall be declared limited and appointed in manner and form aforesaid Provided nevertheless that the said signification or declaration Proviso to presâ—ve Leases or any thing herein before expressed touching or concerning the altering changing repealing or revoking of the said Vses or any of them shall not extend to any Demise or Demises according to the intent and true meaning of these presents to be made of the Premisses whereof such signification or declaration shall be made as aforesaid or any part or parcel thereof but that notwithstanding any such declaration or signification all and every the said Demise and Demises Lease and Leases in manner and form aforesaid to be made shall stand remain and continue in full force and effect according to the intent and true meaning of such Lease or Leases Demise or Demises any thing herein before contained to the contrary hereof in any wise notwithstanding 10. Provided always and it is concluded Another as to one particular Messuage and agreed by and between the said Parties and the true intent and meaning of them and every of them and of these presents is That it shall and may be lawfâ—l to and for the said A. B. from time to time and at all times hereafter during the term of his natural life by any his Deed or Deeds Writing or Writings to be by him the said A. B. signed sealed or delivered in the presence of two or more credible Witnesses to revoke frustrate and make void all or any of the Vse or Vses Estate or Estates or Limitations herein before limited declared or appointed of for or concerning one Messuage or Tenement before mentioned and the Lands thereunto belonging lying in Y. aforesaid in the occupation of the said c. or any part or parcel thereof other then the Vse herein before limited to the said E. B. for term of her life as aforesaid And that then and from thenceforth the Vse and Vses Estate and Estates and Limitations herein before declared limited or appointed of for and concerning the said Messuage or Tenement and Lands or such part thereof for or concerning which any such revocation shall be so had or made other then the said Vse herein before limited to the said E. B. shall cease determine and be utterly revoked frustrate and made void And that then it shall and may be lawful to and for the said A. B. by the same Deed or Deeds or by any other Deed or Deeds to be signed and sealed by the said A. B. and testified as aforesaid to declare limit or appoint any other new Vse or Uses Estate or Estates whatsoever of the said Messunge and Premisses of for or concerning which any such Revocation shall be so made or any part or parcel thereof unto any Person or Persons whatsoever subject nevertheless to the said Use herein before limited to the said E. B. in manner and form aforesaid any thing herein before contained to the contrary thereof in any wise notwithstanding And that then and from thenceforth the said Recovery and Recoveries as to the said Messuage and Lands or such part thereof concerning which any such Revocation and new Declaration shall be made shall be and inure and the said Recoverors and their Heirs shall thereof stand and be seized to such Use and Uses intents and purposes as the said A. B. by any such Deed or Deeds Writing or Writings as aforesaid shall declare limit or appoint CHAP. XIII The forms of Deeds of Revocation and Limitation of New Vses 1. TO all Christian people to whom this A short Deed of Revocation present Writing shall come A. B. of c. sendeth greeting in our Lord God everlasting Know ye that I the said A. B. do by this my present Writing sealed with my seal and subscribed with my Name in the presence of I. K. L M. N. O. three credible Witnesses whose Names are hereunto subscribed revoke determine and make void and frustrate all and every the Uses and Estates mentioned raised created limited and made in and by one Indenture of Feoffment bearing date c. made between me the said A. B. of the one part and C. D. E. F. and G. H. on the other part of and for the Messuage or Tenement and Lands Hereditaments and Premisses with Th' appurtenances in the said Indenture mentioned and of and for every part and parcel thereof And I do by these presents New Use appointed to the Party revoking and his Heirs absolutely limit determine and appoint that all and singular the Feoffees Parties and Persons in the said Indenture mentioned and their Heirs and Assigns shall immediately and from henceforth stand and be seized of the said Messuage Lands Tenements and Hereditaments in the said Indenture mentioned and of and in every part and parcel thereof to the onely use and behoof of me the said A. B. mine Heirs and Assigns for ever in a pure and absolute Estate of Fee-simple In witness whereof I the said A. B. have to this my present Writing put my Hand and Seal and subscribed my Name in the presence of the said I. K. L. M. and N. O. three credible Witnesses whose Names are hereunto subscribed this twentieth Day of May in the twentieth year of the Reign of our Soveraign Lord c. 2. To all Christian People to whom this present Writing shall come I A. B. of c. do Another with recital of the former Deed of uses and power of Revocation send greeting in our Lord God everlasting Whereas by one Indenture bearing Date c. made by me the said A. B. by the name of A. B. of c. Gent. on the one part and C. D. E. F. and G. H. on the other part for the consideration in the said recited Indenture mentioned and set forth I did Covenant promise and grant c. recite the Covenant to levy a Fine which said Fine so to be acknowledged and levyed as aforesaid of all and singular the Mannors Messuages Lands Tenements and Hereditaments before mentioned was in and by the said recited Indenture Covenanted granted concluded and declared to be to such several uses and behoofs and of such Estate and Estates as are particularly in the said Indenture mentioned and set-forth And whereas in the said recited Indenture there is a Proviso contained as followeth that is to say Provided always and it is the true intent and meaning of this present Recital of the Proviso Indenture and of all the Parties hereunto That it shall and may be lawful to and for the said A. B at any time during his life by any Deed or Deeds Writing or Writings or by his last Will and Testament in writing by
him sealed and subscribed in the presence of two or more credible Witnesses to alter change inlarge revoke frustrate and make void all every or any of the Use or Uses Estate and Estates herein before expressed limited mentioned declared or appointed to any Person or Persons of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses or in any of them or in any part or parcel of them or any of them and thereof or of any part thereof to create declare limit or appoint any other Use or Uses Estate or Estates to any Person or Persons herein before named or to any other Person or Persons whatsoever in such sort manner and form as the said A. B. shall think meet and convenient and that at all times and from time to time immediately from and after such alteration change enlargement revocation or making void of all or any the said Use or Uses Estate or Estates and Declaration Limitation or Appointment of any other Use or Uses Estate or Estates all and every those Use and Uses Estate and Estates of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses or of or in any part or parcel thereof or such of them which shall be so revoked and declared to be made void as aforesaid shall cease determine and be utterly void and frustrate And that then and from thenceforth the said Fine and all and every other Conveyance and Conveyances Assurance and Assurances whatsoever had or at any time hereafter to be had or made between the said Parties or any of them of the said Mannors and Premisses or of such part thereof whereof such other Use or Uses Estate or Estates shall be so limited or declared as aforesaid shall be adjudged deemed construed and taken to be and inure and the said Cognizees of the said Fine and the Survivors and Survivor of them and the Heirs of the Survivor of them shall immediately from thenceforth stand and be seized thereof and of every part thereof to and for such Use and Uses Estate and Estates intents and purposes and of such Person and Persons and in such sort manner and form as the said A. B. in or by such Deed or Deeds in writing or last Will and Testament in writing to be sealed subscribed and testified as is aforesaid should create declare limit express or appoint and to no other use intent or purpose whatsoever And whereas afterwards Recital del Fine in performance of the Covenants Grants and Agreements in the said recited Indenture mentioned One Fine sur Cognizance de droit come ceo c. was had levyed acknowledged and executed of and for the said Mannors Lands Tenements and Hereditaments and Premisses in the Court of Common-Pleas at Westminster before his Majesties Justices of the said Court by me the said A. B. unto the said C. D. E. F. and G. H. which said Fine was had levyed and acknowledged to the Uses intents and purposes and with and under the several Provisoes Conditions and Limitations in the said recited Indenture mentioned Now know ye that I the said A. 〈◊〉 for divers good The Revocation Causes and Considerations me moving and by vertue of the said Proviso before mentioned and liberty power and authority thereby to me given and reserved Have altered changed revoked determined and made void And by this present Writing being by me signed and sealed in the presence of the Persons under-named do alter change revoke determine and make void all and every the said Use and Uses Estate and Estates Created raised declared limited and appointed by the said recited Indenture and Fine and either of them and by force of the Statute of transferring Uses into Possession of and in the said Mannors Lands Tenements Hereditaments and Premisses and of or in any part or parcel thereof And I the said A. B. The limitation of New uses out of the Fatherly love and affection that I do bear unto R. G. my onely Daughter and Heir apparent now wife to N. G. of c. Esq and to the Heirs of her Body lawfully begotten do by these presents by vertue of the said Proviso in the said recited Indenture contained and the liberty power and authority therein and thereby to me given and reserved as aforesaid Create declare limit and appoint That the said Fine so had levyed and acknowledged as aforesaid of the said Mannors and Premisses herein before mentioned as aforesaid shall be and inure and that the said Cognizees and their Heirs shall stand and be seized of and in the said Mannors and Premisses and of and in every part and parcel thereof to the use and behoof of me the said A. B. for and during the term of my natural life without impeachment of or for any manner of Waste And immediately from and after my decease to the use and behoof of the said R. G. and N. G. her Husband and of the Heirs of the Body of the said R. G. and in default of such Issue to the use and behoof of the right Heirs of me the said A. B. for ever Here may be a Proviso for Revocation of these Uses 3. To all Christian People c. A. B. of c. Another with a more brief recital sendeth greeting in our Lord God Everlasting Whereas in and by one Indenture bearing Date the c. made between me the said A. B. of the one part and I. S. of c. Gent. on the other part There is amongst other things one Proviso contained in these or the like words in effect hereafter following that is to say Provided always c. and to set forth the Proviso word for word As in and by the said recited Indenture more plainly and at large it doth and may appear Now know ye That I the said A. B. pursuant to the said Proviso and the power and authority to me thereby given do by this my present Deed or Writing sealed and subscribed by me the said A. B. in the presence of three credible Witnesses whose Names are hereunto subscribed declare and publish my mind intent and meaning to be to revoke alter make void and frustrate And I do by these presents revoke alter make void and frustrate all and every the Use and Uses Estate and Estates Trust and Trusts in and by the said recited Indenture declared limited and appointed of for and concerning all and every the Mannors Messuages Lands Tenements and other Hereditaments mentioned contained and specified in the said Indenture with their and every of their Appurtenances and of for and concerning every part and parcel thereof And I do hereby further declare limit and appoint That the said Mannors Messuages Lands Tenements and other Hereditaments with Th' appurtenances shall remain and be and that the said I. S. and his Heirs and all and every other Person and Persons standing and being or which at any time hereafter shall stand and be seized of and in the same shall stand and be
seized thereof and of every part and parcel thereof to the use and behoof of me the said A. B. my Heirs and Assigns for ever 4. This Indenture made c. Between Another with a Feoffment added A. B. of the one part and F. G. of the other part Whereas the said A. B. did heretofore by his Indenture bearing Date the c. made between him the said A. B. on the one part and C. D. E. F. and G. H. on the other part Covenant grant and agree to and with the said C. D. E. F. and G. H. their Heirs Executors and Administrators That he the said A. B. and his Heirs in such manner and form as in and by the said recited or mentioned Indenture is Covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the said C. D. E. F. and G. H. and their Heirs and to the Survivor of them and his Heirs All and singular the Mannor of c. with general words to the several uses intents and purposes and under the several Provisoes and Conditions in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose whatsoever The particulars of which said Uses doth more plainly appear in and by the said recited Indenture relation being thereunto had or made In which said recited Indenture there is nevertheless contained and comprised one Proviso or Clause to the tenor or effect hereafter following Provided nevertheless c. reciting the Proviso and power of Revocation word for word Now witnesseth this present Indenture And the said A. B. according to the tenor power or liberty of the said Proviso being fully minded determined and resolved to alter and determine the Estate and Estates limited in Use in or by the said recited or mentioned Indenture unto I. S. of B. Esq and the Heirs Males of his Body and also the Estate and Estates limited in use in or by the said recited Indenture unto I. S. for term of his life without impeachment of Waste and after his decease then to B. S. son of the said I. S. and the Heirs Males of his Body lawfully begotten doth by these presents and by force of and according to the said Proviso and the power The Uses in particular revoked and liberty thereby given revoke repeal and determine all and every the said Estate and Estates in any wise limited in use in or by the said recited or mentioned Indenture unto the said I. S. and the Heirs Males of his Body lawfully begotten and also all and every the Estate and Estates in or by the said recited Indenture limited in use unto the said I. S. for term of his life and all and every the Estate and Estates in or by the said recited Indenture limited in use unto the said B. S. Son of the said I. and the Heirs Males of his Body lawfully begotten of in for and concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their Appurtenances in any wise comprised in or by the said recited or mentioned Indenture And likewise the said A. B. doth hereby declare that the said several and respective Estates limited as aforesaid severally and respectively unto the said T. S. I. S. and B. S. and every of them shall cease determine be frustrate void and of no further effect or continuance in Law And that New Use all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their Appurtenances and the onely use thereof shall from henceforth remain continue and be unto the said A. B. his Heirs and Assigns Now this Indenture further witnesseth that the said A. B. for and in consideration The Feoffment of One thousand pounds of lawful Moneys of England to him in hand payed before the sealing and delivery hereof by the said F. G. the receipt whereof c. Hath given granted enfeoffed and confirmed unto the said T. G. his Heirs and Assigns All that c. with usual general words as in a Feoffment To have and to hold the said c. unto the said F. G. his Heirs and Assigns for ever To the onely proper and absolute use and behoof of the said F. G. his Heirs and Assigns for evermore 5. To all Christian People to whom this present Writing shall come A. B. of c. doth Another of Uses setled upon a Covenant to stand seized send greeting in our Lord God Everlasting Whereas the said A. B. hath by his Indenture bearing Date c. for the consideration therein mentioned Covenanted granted concluded and fully agreed to and with C. D. of c. that the said A. B. and his Heirs and all and every other person and persons and their Heirs which then stood or were seized of all and singular the Mannor of c. should from thenceforth stand and be seized thereof and of every part and parcel thereof to the several uses and behoofs in the said recited Indenture limited and set forth And whereas in and by the said recited Indenture it is also Provided in these words following Provided always c. reciting the Proviso word for word Now know ye that the said A. B. being minded to revoke all and every the said Uses in the said recited Indenture mentioned and expressed in pursuance of the said power and authority to him given by the said Proviso doth by this present writing sealed and subscribed with his proper Hand and Seal declare his will and pleasure to be to adnul determine make void and frustrate And doth by these presents clearly and absolutely adnul make void and frustrate all and singular the said Uses in the said recited Indenture limited and all and every the Estate and Estates thereupon executed or to be executed of in or to the said Mannor c. and Premisses and of in and to every part and parcel thereof in such sort manner and form as if the said Uses or any of them had never been limited or appointed Any thing to the contrary c. 6. To all Christian People c. A. B. of c. Another made upon having Issue Male pursuant to the power given sendeth greeting c. Whereas by certain Indentures bearing Date the c. made between me the said A. B. of the one part and C. D. and E. F. of the other part It was for the Causes and Considerations in the said recited Indenture specified Covenanted granted and concluded between the said Parties to the said Indentures and every of them amongst other things in manner and form following that is to say First I the said A. B. did by the same Indenture for me mine Heirs Executors Administrators and Assigns and every of them Covenant Recital of a Covenant to Enfeoff to Uses grant conclude and agree c. recite here the Covenant to Enfeoff the said C. D. and E. F. To such Uses intents and purposes as
Premisses whereof the said Recovery and Fine were severally and respectively suffered levied and had as aforesaid always was and yet is that as well the said Recovery as the said Fine and all and every Fine and Fines Recovery and Recoveries and other Acts and Assurances of and concerning the said Mannors Messuages Lands Tenements Hereditaments and Premisses with the Appurtenances or of any of them at any time formerly suffered levied executed or had wherein or whereunto the said A. B. was or is any way a party and all and every the Executions of the same and every of them should and shall be and inure and be construed adjudged deemed and taken to be and inure and are hereby Covenanted granted agreed and declared to be and inure to the uses purposes and intents and under the Provisoes conditions and limitations hereafter in these presents expressed limited and declared And that the said Recoverors and either of them and all the parties to the said Recovery and takers thereby and their Heirs and all other person and persons and his and their Heirs who then were now are or hereafter shall be seised of the said Mannors Lands Tenements Hereditaments and Premisses with their and every of their Appurtenances comprised in the said Recovery should and shall stand and be seised of the said Mannors c. comprised in the said Recovery and of every part and parcel thereof with the Appurtenances to the uses purposes and intents hereafter expressed And that the said Cognizees of the said Fine and either of them and all the parties to the said Fine and the takers thereby and the Heirs of them and every of them and all and every other person and persons and his and their Heirs who at the time of the levying of the said Fine were or now are or hereafter shall be seised of the aforesaid Mannors c. comprised in the said Fine and every of them should and shall stand and be seised of the same Mannors c. Hereditaments and Premisses comprised in the said Fine and every part and parcel thereof with the Appurtenances likewise to the uses purposes and intents hereafter in these presents expressed and declared that is to say for touching and concerning To the use of A. for life after to E. his Wife for life the said Mannor of A. with the rights members Appurtenances Lands Tenements and Hereditaments thereunto belonging parcel of the said Mannors Lands Tenements and Hereditaments comprised in the said Recovery to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste And from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the natural life of the said E. B. for her Joynture and in lieu and full recompence of her Dower out of all the Mannors Lands Tenements and Hereditaments whereof the said A. B. now is or at any time was or shall be seised of any Estate of Inheritance during the coverture between him and the said E. B. And for touching and concerning all and every the other Mannors Lands Tenements and Hereditaments mentioned to be comprized in the said Recovery and Fine to the use and behoof of the said A. B. for and during the term of his natural life without impeachment of or for any manner of waste And for touching and concerning the immediate remainder of the said Mannor of A. with all the Lands Tenements and Hereditaments thereunto belonging before mentioned or meant to be limited to the said E. B. for her Joynture as aforesaid immediately from and after the decease of the said A. B. and E. B. his Wife and of the survivor of them and the immediate remainder of all and every the said other Mannors Lands Tenements and Hereditaments and every of them comprised within the said Recovery and Fine whereof there is no Use before limited or declared to the said E. B. for her Joynture to such uses purposes and intents immediately from and after the decease of the said A. B. and under such Provisoes conditions and limitations as hereafter in these presents are specified expressed limited and declared and to no other To the use of E. F G H. c for years to pay Debts c. Legacies use intent or purpose whatsoever that is to say to the use of the said E. F. and G. H. their Executors Administrators and Assigns for and during the terms and spaces of years hereafter mentioned to commence and begin as hereafter followeth viz. for touching and concerning the said Mannor of A. c. before limited to the use of the said E. B. for her Joynture for the term or space of Ten years to begin immediately from and after the Decease of the longest liver of them the said A. B. and E. his wife And for touching and concerning all the rest and residue of the said Mannors Lands Tenements and Hereditaments comprised in the said Recovery and Fine for and during the like Term and space of ten years to commence immediately from and after the Decease of the said A. B. upon Trust and confidence and for and unto the end intent and purpose That they the said E. F. and G. H. their Executors Administrators and Assigns shall and may receive perceive dispose and imploy the Rents Revenues Issues and Profits of all and every the said Mannors Lands Tenements and Premisses respectively for and during the said several terms of ten years for and towards the payment Payment of Debts and satisfaction of all such Debts and sums of Mony which the said A. B. doth now owe or hereafter shall borrow or owe or for which any Person or Persons now doth or do or hereafter shall stand ingaged for or with the said A. B. and for his proper Debt and for and towards the payment of such Legacy or Legacies and sums which the said A. B. shall by Payment of Legacies his last Will and Testament in writing to be by him signed sealed and published before three sufficient Witnesses at the least give limit ordain and appoint And from and after the end expiration surrender or other determination of the said Term or Terms of ten years and as they shall severally end and determine To the use and behoof of such Person and Persons and for such Estate and Estates as the said A. B. shall by his last Will and Testament in writing in the presence of three credible Witnesses or more limit appoint or declare and in default of such Limitation Appointment or Declaration to the use and behoof of c. Provided always c. Here may follow a Power given to A. B. to make Leases c. reserving the accustomed Rent c. 7. This Indenture Tripartie made c. Another the Uses of a Recovery as to several Mannors severally limited Between A. B. of
c. Esq and C. B. of c. Son and Heir apparent of the said A. B. and of E. B. deceased late the Wife of the said A. B. and sole Daughter and Heir of E. H. of c. deceased of the first part C. D. and E. F. of the second part And G. H. and I. K. of the third part Whereas the said A. B. is seized in his Demesue as of Fee of some part of the Mannors Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the Courtesse of England of other the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion whereof in Fee-simple being descended by and after the decease of the said E. B. unto the said C. B. Now to the end intent and purpose That the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned and expressed may be established vested and setled in and unto the said A. B. during the Term of his natural life and after his decease upon the said C. B. and upon his Name Stock and Posterity and to such other Uses as are hereby appointed 8. It is Covenanted granted condescended Covenant to levy a Fine concluded and fully agreed by and between the said Parties to these presents And the said A. B. and C. B. do for themselves their Heirs Executors and Administrators Covenant promise grant and agree to and with the said C. D. and E. F. their Heirs Executors and Administrators and to and with every of them by these presents That they the said A. B. and C. B. shall and will on this side and before the end of Michaelmass Term now next ensuing in due form of Law c. Let it be a Covenant to acknowledge a Fine Come ceo c. a Vide before Chap. 3. The use of the Fine to make Cognizees Tenants to a Precipe to G. H. and I. K. of the Mannors of A. B. C. and D. which said Fine or Fines so as aforesaid or in any other sort to be levyed and acknowledged shall be and inure and shall be deemed adjudged esteemed reputed and taken to be and inure to the use of the said G. H. and I. K. and their Heirs to the end intent and purpose that they the said G. H. and I. K. may become perfect Tenants of the Freehold of the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their appurtenances whereby one or more perfect common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following For which intent and purpose it is Covenanted and agreed by and between the said Parties to these presents That it shall and may be lawful to and for the said C. D. and E. F. to bring pursue and prosecute against them the said G. H. and I. K. one or more Writ or Writs of Entry sur disseisin en le post of and for the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their and every of their appurtenances c. b Vide before Chap. 3. as in a Covenant to suffer a Recovery The which said Common Recovery or Recoveries so as aforesaid or in any other manner to be had and suffered And all other Common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the decease of the said E. B. had made levyed suffered acknowledged or executed or to be had made levyed suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereunto they or any of them shall be Parties of for and concerning the said Mannors Messuages Lands Tenements Hereditaments and Premisses or any of them or any part or parcel of them or any of them shall be and inure and shall be adjudged deemed esteemed reputed and taken to be and inure to the uses behoofs intents and purposes and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed 9. That is to say for and concerning the The uses of the Recovery being for life with remainders over in Tail said Mannors of A. and B. c. with general words to the use of the said C. B. for and during the Term of his natural life without impeachment of or for any manner of Waste and with full power to do or commit Waste and from and after the decease of the said C. B. to the use and behoof of the said A. B. for and during the Term of his natural life and from and after the decease of the said C. B. and A. B. to the use and behoof of D. B. eldest Son of the said C. B. and of the Heirs Males of his Body lawfully to be begotten and for default of such Issue to the Remainders in Tail to 1 2 3 c. Sons use and behoof of F. B. second Son of the said C. B. and of the Heirs Males of the Body of the said F. B. lawfully to be begotten And for default of such Issue to the use and behoof of G. B. third Son of the said A. B. and of the Heirs Males of the Body of the said G. B. lawfully begotten And for default of such Issue to the use and behoof of the fourth Son of the Body of the said C. B. on the Body of M. B. his wife begotten or to be begotten and of the Heirs Males of the Body of such fourth Son lawfully to be begotten c. and so to the tenth Son And for default of such Issue to the use and behoof of all and every other Son and Sons of the Body of the said C. B. to be lawfully begotten successively one after the other and of the Heirs Males of the Bodies of every such Son and Sons severally and respectively to be begotten as they and every of them shall be in Seigniority of Age and Priority of Birth the eldest of the said Sons and the Heirs Males of his Body being ever preferr'd before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of I. B. second Son of the said A. B. and of the Heirs males of the body of the said I. B. lawfully to be begotten and for default of such Issue to the use and behoof of the Heirs of the body of the said A. B. lawfully begotten and to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said C. B. for ever 10. And as for and concerning the said Use of the Mannor in C. in trust to be sold Mannor of C. to the use and behoof of the said C. D. and E. F. and of their Heirs and Assigns for ever Upon trust and confidence nevertheless and to the end intent and purpose That they the said C. D. and E. F. and the survivor of them and his Heirs shall and
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
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
or touching the rebuilding of the City of London and of and from all such Actions Suits Charges troubles and damages which he the said A. B. his Executors Administrators or Assigns may happen to incur or be put unto or sustain for or by reason thereof 28. In consideration of which said Work Payment for the Building Materials and Buildings to be done and performed in manner and form aforesaid the said A. B. for himself his Executors Administrators and Assigns doth Covenant and promise to pay and satisfie unto the said C. D. and E. F. their Executors Administrators and Assigns after the rate and price of sixty four pound the square for every square of the said Building the said money after the rate aforesaid to be paid as followeth that is to say When the Floor over the said Cellar is laid fifty pound thereof when the next Floors up one pair of Stairs are laid fifty pound more thereof when the next Floors over that up two pair of Stairs are laid fifty pound more thereof c. as to the rest and when all the said Work and Building shall be wholly done and finished in all things according to the true meaning of these presents all the remaining money that shall be due for the same at the rate of sixty four pound the square as aforesaid In witness FINIS A Table of the several Chapters and Sections contained in this Book CHAP. 1. Observations touching Conveyances in general Sect. 1 2 3 4 5 6 7 8 9. Chap. 2. The forms of setting forth the Grounds and Considerations of a Conveyance or Settlement c. Money in part paid and in part secured Sect. 1. Barring an Estate Tayl Sect. 2. Natural life Preferment of Children Sect. 3 4. Settlement on collateral Heirs Sect. 5. A Marriage to be had and settlement of a Joynture Sect. 6 7. Performance of an Agreement Sect. 8. Payment of Debts Sect. 9. Chap. 3. Containing several Covenants To levy a Fine by Husband and Wife Sect. 1 2. By several Persons severally interessed Sect. 3. In the County of Lancaster Sect. 4. Of Chester and Lancaster Sect. 5. In ancient Demesn Court Sect. 6. With a Render for years Sect. 7. With Render of a Rent Sect. 8. A Fine sur concessit Sect. 9. To sue forth a Recovery with double Voucher Tenant of the Precipe being made by Fine Sect. 10. By Bargain and Sale Sect. 12 13 14. A Recovery of Lands in several Counties Sect. 15. A Recovery in London Sect. 20. In ancient Demesn Court Sect. 21. A Recovery with single Voucher Sect. 16 17. By a Man and his Wife Sect. 18. By Tenant for life and be in Reversion Sect. 19. To make Assurance of Lands Sect. 23. That Tenants shall Attorn Sect. 24. To produce Writings in defence of the Title Sect. 25. To pay back Purchase-money upon Eviction Sect. 26. To pay back the Purchase-money paid in case the Purchaser dislike c. and if he like then to pay more Sect. 27. Not to claim Dower with a Release of Dower Sect. 28. The form of Covenants joyntly and severally Sect. 29. By Baron and Feme Sect. 30. Chap. 4. Provisoes to make void Estates Vpon Non-payment of Purchase-money Sect. 1. Vpon discharge of a Surety Sect. 2 3. To make void a Rent-Charge upon payment of money Sect. 4. To abate part of an Annuity upon money paid Sect. 5. Chap. 5. The forms of introducing Vses upon Fines Recoveries and other Conveyances Vpon a Fine to be levied Sect. 1 2 3. Vpon a Fine already levied Sect. 4. Vpon a Recovery to be had Sect. 5 6 12. Vpon a Recovery already had Sect. 7 8 10 11 12 13 14. A Release of Errors in the Recovery Sect. 9. Vpon a Fine and Recovery to be had the Fine being of one thing the Recovery of another Sect. 15 16. The like upon Fine and Recovery already had Sect. 17. Vpon a Fine Recovery and other Conveyances to be had Sect. 18. Vpon a Feoffment past and executed Sect. 20 24. Vpon a Covenant to stand seised Sect. 21. Vpon a Bargain and Sale and Grant of the Reversion Sect. 22. Chap. 6. The several forms of indorsing Livery and Attornment Sect. 1 2 3 4 5 6 7. Form of Attornment by Deed Sect. 8. Chap. 7. The several forms of limitation of Vses For Life For Lives of Husband and Wife and longer liver Sect. 1. To Husband for life after to Wife for life for a Joynture Sect. 2. With Proviso to make the limitation to her void upon her claim of other Lands Sect. 3. Vpon parting with her Estate Sect. 4. For years Vse for years determinable upon life Sect. 5. Vse for years to pay Daughters Portions Sect. 15. In Tayl to 1 2 3 c. Sons in remainder after an Estate for life remainder to all other Sons in Tayl according to seigniority c. Sect. 6. Another to Sons already born by name in Tayl with like remainder Sect. 7. To the Father for life remainder to Son for life remainder to Sons Wife for life in satisfaction of Dower the remainder to their 1 2 3 c. Sons in Tayl remainder to the several Sons of the Grandfather in Tayl remainder to the Heirs of the Body of the Grandfather remainder to Grandfathers right Heirs with a Proviso to preserve Estates in Tayl to Children en ventre sa mere Sect. 8 9. To the use of A. B. and Heirs Males of his Body remainder to C. B. his Brother and Heirs Males of his Body with like remainders to his other Brothers remainder to the right Heirs of A. B. Sect. 10. Other limitations in Tayl with remainder to the Heirs Males of the Body of Feoffors Father remainder to the Heirs Males of the Body of Feoffors Grandfather remainder to the right Heirs of the Feoffor Sect. 11. An Vse to the Heirs of the Body of the Wife by the Husband begotten with remainder over to the Husband Sect. 13. In Fee determinable upon a Marriage had Sect. 12. An Vse limited to one until the Heir in Tail come to full age in case the Father die while he is within age and after to the Heir Sect. 13. Another with direction for disposing the Profits in the mean time Sect. 14. The form of a limitation to preserve contingent Vses in case the particular Estate determine before they come in Esse Sect. 15. Contingent Vses Sect. 16. Chap. 8. Power given to cestuy que Use for life to make Joyntures Leases c. To make Joyntures to future Wives Sect. 1 2 3 4 5 6. To settle Lands in certain upon a future Wife for life reserving a Rent Sect. 7. The like of a third part without Reservation Sect. 8. Provision made for future Wives by way of limitation of Vse Sect. 9. To make Leases for lives or years determinable upon lives or for 21 years with or without reservation of Rent Sect. 10. To make Leases for such Terms and under such Rent as Lessor pleaseth Sect.
give or leave a sum by Will to them S. 4. To do further Acts to ratifie Covenants S. 5. To permit the Wife to make a Will S. 3 6 7. If the Lands setled in Joynture fail of the value then the Husbands Executors to make it up S. 8. To make satisfaction for what shall be evicted S. 9. To repay part of the Portion if the Wife die within three years without Issue S. 10. Chap. 18. Containing general words commonly used for passing Mannors Lands c. For a Mannor S. 1. A Mannor and Advowson S. 2. A Messuage and Lands S. 3. A Messuage in London S. 4. An Inn S. 5. A Brew-house S. 6. A Water-grist Miln S. 7 8. A Prebend S. 9. A Rectory S. 10. An Alphabetical TABLE of the Matters contained in this Book ATtornment A Covenant that Tenants shall Attorn Ch. 3. Sect. 24. The form of indorsing Attornments Ch. 6. Sect. 5 6 7. Of Livery and Attornment Sect. 9. An Attornment by a Collateral Deed Chap. 6. S. 8. Annuities and Rents Secured by way of use Chap. 9. Sect. 1 2 3. vide after in this Table Title Rents Bargain and Sale of Lands To make one Tenant to a Precipe for suffering of a Recovery Ch. 3. Sect. 13. Baron Feme Covenant by them to levy a Fine C. 3. Sect. 1 2. 7 8 9. To suffer a Recovery Ch. 3. S. 10 11. 18 19 20. The form of Covenants by Baron Feme Chap. 3. Sect. 30. Power given to Baron Feme to revoke Vses and limit New Ch. 12. S. 6 7. Charitable Uses An Annuity setled for the use of Poor people Chap. 9. Sect. 1. Condition vide Title Proviso in this Table Consideration of a Settlement or Conveyance Mony in part paid and in part secured Chap. 2. Sect. 1. Barring of an Estate Tayl c. Ch. 2. Sect. 2. Natural love raising Portions for Children Ch. 2. S. 3 4. To settle on Collateral Heirs Ch. 2. S. 5. Marriage and for a Joynture Ch. 2. S. 7. Performance of Agreement Sect. 8. Payment of Debts S. 9. Setling in Name and Bloud Chap. 2. Sect. 7. Ch. 14. S. 1. Covenants The form of Joynt and Several Covenants Ch. 3. S. 20. To levy a Fine sur Cognizance de droit c. by Husband and Wife Ch. 3. S. 1 2. By several peâ—sons severally interessed Ch. 3. S. 3. in the County of Lancaster Sect. 4. of Chester and Lancaster Sect. 5. in Auncient demesne Court Sect. 6. To levy a Fine with a Render of an Estate for years Ch. 3. S. 7. Of a Rent S. 8. A Fine sur Concessit Ch. 3. S. 9. To sue forth a Recovery with double Voucher Ch. 3. S. 10 11 12 13 14. Ch. 14. S. 8. Of Lands in several Counties Ch. 3. S. 15. in London S. 15. 20. in Auncient demesne Court Ch. 3. S. 21. in Court Baron S. 22. To sue forth a Recovery with single Voucher Ch. 3. S. 16 17 18 19. To make assurance of Lands Ch. 3. S. 23. For settlement of Lands to be purchased Ch. 15. S. 13. To permit Lands to descend Ch. 15. S. 15. That Tenants shall Attorn Ch. 3. S. 24. To produce Writings in defence of the Title S. 25. To pay back purchase Mony upon eviction Chap. 3. S. 26. upon dislike of the Purchase but if he like to pay more S. 27. Not to claim Dower Ch. 3. S. 28. To stand seized to Vses Ch. 5. S. 21. To permit the Wife to make a Will Ch. 16. S. 11. C. 17. S. 6 7. To alter the Vse limited to a Wife upon her claim of Dower Ch. 16. S. 14. That he is Owner and hath power to convey Ch. 15. S. 3 4 5. That the thing is free from Incumbrances Ch. 15. S. 6 7 8. To enjoy S. 9 10. Not to do any act to impeach a Settlement Ch. 15. S. 11. for further assurance Ch. 15. S. 12 13. To pay a Marriage Portion Ch. 17. S. 1. To pay a sum upon refusal to Marry Ch. 17. S. 2. To maintain the Young pair S. 3. To give or leave a sum to them by Will Ch. 17. S. 4. That if a Joynture fail of the value it shall be made up S. 8. To make satisfaction for what shall be evicted Ch. 17. S. 9. To pay back part of the Portion if the Wife die within three years without Issue S. 10. Debts A Vse limited for years to pay Debts Chap. 10. Sect. 1. Ch. 14. S. 6. Vse limited in Fee after Cognizors death to make sale for payment of Debts c. Ch. 10. S. 2 3. Ch. 14. S. 10. A limitation to such as shall be Executors to pay Debts Ch. 10. S. 4 5. Dower A Vse limited to the Wife in recompence of Dower Ch. 14. S. 6. Ch. 7. S. 2. c. Fcoffment Vses declared upon a Feoffment Ch. 5. S. 20 24. Ch. 16. S. 14 15 16. Fine Covenants to levy a Fine see before in this Table Title Covenants The forms of introducing Vses upon a Fine Ch. 5. S. 1 2 3 4. General Words Vsed for passing of Mannors Messuages Lands c. viz. a Mannor Ch. 18. S. 1. A Mannor and Advowson S. 2. A Messuage and Lands S. 3. A Messuage in London S. 4. An Inn S. 5. A Brew-house Ch. 18. S. 6. A Water-grist Miln S. 7 8. A Prebend S. 9. A Rectory S. 10. Joyntures Joyntures setled before and after Marriage vide the other Table in Ch. 16. Covenants used in Joyntures vide the other Table in Ch. 17. vide also in this Table Title Powers Livery and Seisin The forms of indorsement of Livery and Seisin Ch. 6. S. 1 2 3 4 5. Livery and Attornment together S. 9. Portions for Children A Vse limited for years in case of failer of Issue-male for raising Portions for Daughters Ch. 7. S. 15. Limitation for years to the Cognizees of a Fine to pay Daughters Portions Ch. 9. S. 11 12. Moneys to be paid yearly for Daughters maintenance until their Portions paid Ch. 9. S. 13. A Vse limited to the Cognizees until Daughters Portions paid or secured and after to them in remainder c. Ch. 9. S. 18 19 20. A Vse limited to Daughters to be void upon payment of their Portions or Security given for them by the Heirs males in remainder Ch. 9. S. 16 17. Power given to cestuy que Use for life to make Leases to raise Portions for Daughters Ch. 9. S. 10. To grant a Rent-Charge for raising of Portions Ch. 9. S. 21. A Portion to a younger Son secured by limitation of the Vse in the Land to him in case it be not paid Ch. 11. S. 13. Powers given to cestuy que Use for life To make a Joynture to a future Wife Ch. 8. S. 1 2 3 4 5 6 7 8. Ch. 14. S. 3. To settle a Rent for a Joynture Ch. 8. S. 5 6. To make Leases for lives or years with or without reservation of Rent Ch. 8. S. 10. That he and his Issue-male may make
contained therein doth grant and render back to the Cognizor the lands c. or some part thereof and many times limitting thereby Remainders to persons that are Strangers and not named in the writ of Covenant This fine is partly executed partly executory and hath Proclamations and is quoad partem priorem absolutely of the same Nature with a Fine sur Cognizance de droit come ceo c. but as to the second part containing a Grant and render as aforesaid it is taken in law to be rather a private Conveyance or Charter then to have the force of a Fine which as we have before expressed is declared to be a Feoffment upon Record With this agrees the Lord Cooks exposition in 5. Rep. fo 38. where speaking of a Fine with Render he hath these words The Cognizance of a Fine and a Grant and render therein shall be expounded and taken as a Charter or other Conveyance between party and party and not as a Writ or Iudgment upon Record A Fine sur Cognizance de droit tantum ove Fine sur done grant what grant which is also called a Fine sur done grant is levyed without Proclamations executory and much of the Nature of a Fine sur Concessit and is used commonly by Tenant for life to make a surrender of the Lands contained in it to him or them that have the Reversion or Remainder thereof and so you will find it used Chap. 10. Sect. 1. and 5. of this Treatise And sometimes it is expressed by such Fine that the particular Estate is in another and that the Cognizor willeth that the other shall have the Reversion or that the land shall remain to the other after the particular Estate spent West Symb. part 2. Dyer 216. Plowd 265. Coke 3. 86. and 7. 12. Crooke 1. last published fo 693. A Fine sur Concessit is where the Cognizor is Fine sur Concessit what seised of the Lands contained therein and the Cognizee hath no Freehold therein but it passeth by the Fine it is without proclamations and executory for the Cognizee or Cognizees therein must enter and have a writ of habere facias seisinam according to their several cases for the obtaining of the possession if the parties at the time of levying such Fine sur Concessit be not in possession of the thing granted but if they be in possession at such time there needs not any such Writ or any Execution of the said Fine to put them into possession for then the Fine will enure by way of Extinguishment of Right and doth not alter the Estate or right of the Cognizee however perchance it may better it CAP. III. Of the parts of a Fine THe parts of a Fine are five viz. The writ of Covenant 2. The Composition or the Kings licence to alienate 3. The Concord 4. The Note of the Fine 5. The foot of the Fine And if it be a Fine sur Cognizance de droit come ceo c. it is requisite that a sixth be added viz. Proclamations as a necessary adjunct thereunto 1 The writ of Covenant is the original writ Writ of Covenant taken out by the Cognizee or Cognizees against the Cognizor or Cognizors to the Fine for without â—his a Fine cannot be levyed And a Fine may be levyed upon any writ of Right or other writ whereby Land is demanded or may be recovered 2 The Composition or Kings Licence to alienate Composition for which the 〈◊〉 hath a Fine or sum of mony which is called the Kings Silver and is paid in when the Land reposeth 3 The Concord or Agreement between the Concord parties that intend the levying of the Fine wherein is declared how and in what manner the things contained in the writ shall pass and as the writ of Covenant is the foundation so this is the substance of the Fine For if the Kings Fine be entered and indorsed upon the writ of Covenant by the Clerk of the Kings Silver although the Cognizor dye before the Fine comes to the Chirographer yet is the Fine good for the Note and foot of the Fine are but Abstracts taken out of this by the Chirographer 4 The Note of the Fine which is an Abstract Note of the Fine taken out of the writ of Covenant and Concord by the Chirographer before it be ingrossed and begins thus ss Inter A. B. quer C. D. deforcientem 5 The foot of the Fine includeth the whole Foot of the Fine Fine the parties to the same the thing granted the day year and place and before whom the Concord was made and this is called the foot because it is the last part of the Fine And when this is done the Fine is ingrossed of Record and the Indentures made by the Chirographer and delivered to the party to whom the Cognizance is made and then the Fine is said to be ingrossed The Proclamations made upon a Fine which although they be not the essential parts of a Fine yet as is said before are requisite to a Fine sur Cognizance de droit come ceo c. for they do make a Bar according to what doth pass CAP. IV. Who may be Cognizors and Cognizees in Fines and by what names they may give and take in a Fine SVch persons Male or Female or bodies sole or Who may be Cognizors in Fines Corporate that are capable of granting by deed may be Cognizors in Fines And so an Infant Feme covert an Ideot mad or Lunatick person one non sane memorie or that hath a Lethargy or a doting old person that wants discretion a man that is drunk or one born blind deaf and dumb a Bastard an out-lawed person or one Attainted of Treason or Felony or persons that are compelled thereto by threats and Menaces to lose their lives or members or to suffer Imprisonment and a Fine levyed by them may be good But the Iudges or Commissioners before whom Fines are to be levyed by such persons ought not to admit such unfit persons to acknowledge Fines as Madmen Lunaticks Ideots doting persons men that have the Lethargy or are drunk Infants Feâ—e Coverts and such as are forced to it by threats or Imprisonment neither ought such as are born blind deaf and dumb persons attainted of Treason or Felony and such like to be received to levy Fines But if any of these be admitted Cognizor in a Fine and such Fine be thereupon levyed in due form of law The Fine in most cases will be good and unavoidable Coke 12. 124. Lit. Sect. 731. fieri non debet sed factum valet A Fine may also be levyed by a Mayor and Commonalty and such other Corporations Civil and bodies Politick as have an absolute Estate in their possessions belonging to their Corporations if it be done together and by the joynt consent of the body Corporate For no one of the Corporation no not the head of the Corporation by himself nor any of the
duo Gardina sexaginta acras Terre sex acras Prati tenementorum predictorum resid cum pertin que Elizabetha B. uxor Thome B. tenet ad terminum vite sue de hereditate predicti Henrici die quo hec Concordia facta fuit Et que post decessum ipsius Elizabethe ad prefatum Henricum heredes suos debuerunt reverti post decessum ipsius Elizabethe integre reman prefat Arthuro heredibus suis Tenend simul cum tenementis Piscar predictis de Capitalibus dominis feodi illius per servicia que ad eadem pertinent imperpetuum Et predict Henr. heredes sui warant praefato Arthuro heredibus suis tenementa Piscar predict cum pertin sicut predictum est Contra omnes homines imperpetuum c. Sect. XVI A Fine sur Cognizance de droit tantum levyed by way of Release to confirm the Cognizees Estate in certain Lands whereof he is possessed and whereunto the Cognizor hath but a bare Right CArolus Dei gratia Anglie Scotie Francie Hibernie Rex fidei defensor c. Omnibus ad quos presentes litere nostre pervenerint Salutem Sciatis quod inter Recorda ac pedes Finium cum Proclamationibus inde factis secundum formam statuti in hujusmodi Casu nuper edit provisi coram Justiciariis nostris de Banco apud Westm De Termino Pasche Anno regni nostri Octavo Continetur sic Bed ss Hec est finalis Concordia facta in Curia domini Regis apud Westm à die Pasche in quindecim dies Anno Regnorum Caroli Dei gratia Anglie Scotie Francie Hibernie Regis sidei defensoris c. A Conquestu Octavo Coram Roberto Heath Richardo Hutton Francisco Harvie Justiâ— aliis domini Regis fidelibus tunc ibi presentibus Inter Radolphum Snagge Armigerum Annâ—m uxorem ejus deforcientes de Maneriis de Kempston alias Kempston Dawbney St. Johns cum pertin Ac de decem Mesuagiis viginti Cottagiis decem Toftis uno Columbar triginta Gardinis viginti Pomariis 300 acris Terre 20 acris Prati 300 acris Pasture 250 acris Bosci 400 acris Jampnorum Bruere cum pertin in K. M. M. W. parochia Sancti P. in Villa Bedford Unde placitum Conventionis sum suit inde inter eos in eadem Curia scilicet quod predicti Thomas Anna recogn predicta Maneria tenementa cum pertin esse jus ipsius Radolphi Et illa remiserunt quiet clam de ipsis Thoma Anna heredibus suis predicto Radolph heredibus suis imperpetuum Et preterea iidem Thomas Anna concesserunt pro se heredibus ipsius Thome quod ipsi warant predicto Radolpho hered suis predicta Maneria tenementa cum pertin contra predictos Thomam Annam heredes ipsius Thome imperpetuum Et pro hac Recogn Remissione quiet clam Warantia fine Concordia idem Radolphus dedit predictis Thome Anne Octingentas Libras Sterlingorum In cujus rei Testimonium Sigillum nostrum ad brevia in Banco predicto sigilland deputat presentibus apponi secimus Teste R. Heath apud Westm decimo octavo die Aprilis Anno regni nostri supradicto Blake Sect. XVII Lands granted in Tayle with divers Remainders over by Fines sur Concessit HEc est finalis Concordia facta in Curia domini Regis apud Westm a die sc Michaelis in tres septimanas Anno c. coram c. Inter Thomam Holley Isabellam uxorem ejus querentes Richard Kent Johannam uxorem ejus desorc de tribus Mesuagiis quadraginta duabus acris terre cum pertin in W. unde placitum Conventionis sum fuit inde inter eos in eadem Curia scilicet quod predicti Richardus Johanna uxor ejus Concesserunt predictis Thome Isabelle uxori ejus tenementa predicta cum pertin Et illa eis reddiderunt in eadem Curia Habend tenend eisdem Thome Isabelle heredibus de Corporibus ipsorum Thome Isabelle exeunt de Capitalibus dominis feodi illius per servioia que ad predicta tenementa cum pertin pertinent imperpetuum Et si contingat eosdem Thomam Isabellam uxorem ejus obire sine heredibus de Corporibus suis exeunt tunc post decessum ipsorum Thome Isabelle predicta tenementa cum pertin integre reman heredibus ipsius Thome de corpore suo procreat Tenend de Capitalibus dominis c. ut supra imperpetuum Et si nullus heres de corpore ipsius Thome fuerit procreat tunc predicta tenementa cum pertin integre reman heredibus ipsius Isabelle uxoris predicti Thome de corpore suo procreat Tenend c. Et si nullus heres de corpore predicte Isabelle uxoris predicti Thome fuerit procreat tunc predicta tenementa cum pertin reman Johanne Agneti Matilde Margerie Elizabethe Sororibus ipsius Isabelle uxoris predicti Thome heredibus de corporibus ipsarum Johanne Agnetis Matilde Margerie Elizabethe exeun Tenend c. Et si contingat quod eedem Johanna Agnes Matilda Margeria Elizabetha obierint sine heredibus de corporibus suis exeunt tunc post decessus ipsarum Johanne Agnetis Matilde Margerie Elizabethe predicta tenementa cum pertin integre reman rectis heredibus predicti Thome Tenend c. Et pred Richardus Johanna uxor ejus heredes ipâ—ius Johanne warant predictis Thome Isabelle uxori ejus heredibus suis predictis heredibus ipsiâ—s Thome predictis si iidem Thomas Isabella uxor ejus obierint sine heredibus de corporibus suis exeunt heredibus ipsius Isabelle uxor is ipsius Thome predictis si nullus heres de corpore ipsius Thome sit procreat predictis Johanne Agneti Matilde Margerie Elizabethe heredibus suis predictis si nullus heres de corpore ipsius Isabelle uxor is predict Thome fuer it procreat etiam rectis heredibus predict Thome si eedem Johanna Agnes Matilda Margeria Elizabetha obierint sine heredibus de corporibus suis exeunt predicta tenementa cum pertin contra omnes homines imperpetuum Et pro hac Concessione redditione warantia fine Concordia iidem Thmas Isabella uxor ejus dederunt predict Richardo Johanne uxori ejus viginti Marcas Argenti c. ET est Concordia talis scilicet quod predictus Franciscus recogn Maneria tenementa reddit predict cum pertin esse jus ipsius Willielmi c. Release Waranty contra omnes homines imperpetuum Et pro hac Recogn c. idem Willielmus concessit prefato F. Maneria tenementa reddit predict cum pertin Et illa ei redâ—iderunt in eadem Curia habend tenend eidem F. hered quos idem F. procreavit de corpore M. nunc uxoris ejus de Capitalibus dominis feodi illius per servicia que ad predict
suggests the Cognizor is dead and pray's a Scire facias against his heir ET super hoc iidem Richardus Jana dicunt quod pred Johannes Law in fine pred nominat mortuus est quodque Elizabetha Law est filia heres predict Johannis Law cui stat in feodo simplici de in Manerio Tenementis predictis cum pertin per finem pred concessus fuit Quodque eadem Elizabetha est modo uxor Alex. Page Et pet brev domini Regis ad premuniend predictos Alex. Eliz. essendi coram domino Rege auditur Record processum predict ei conceditur c. Ideo precept est Vic. Essex quod per probos c. scire fac pred Alex. Eliz. quod sint coram domino Rege apud Westm A die Pasche in quindecim dies ubicunque c. auditur Recordum processum pred si c. Et ulterius c. Idem dies dat est prefat Richardo Jane ibidem c. Ad quem diem coram domino Rege apud Westm ven pred Richardus Jana per Attorn suos pred Et Vic. videlicet A. B. modo mand quod ipse virtute brevis predict sibi inde direct scire fecit prefat Alex. Elizabethe essendi coram dict domino Rege apud Westm. ad diem locum predict prout sibi per brev pred precept fuit per M. R. J. D. probos c. qui quidem Alex. Elizabeth sic premuniti quarto die placiti solempnit exact per J. B. Attorn suum similiter ven super quo pred Richardus Jana ut prius dicunt quod in Recordo processu pred acetiam in levatione finis predict manifeste est Errat allegando Errores predict per ipsos in forma pred allegat Et pet quod finis pred ob errores illos alios in Recordo processu predict compertos revocetur adnulletur penitus pro nullo habeatur Et quod ipsi ad omnia que ipsi occasione finis pred amiser restituantur c. H. 26 Eliz. Rot. 93. in Banco Regis CAP. XI The Charges of a Fine acknowledged either before the Lord Chief Justice at the Bar or before a Judge of Assize or Commissioners in the Countrey by Dedimus Potestatem Sect. I. The Charges of a Fine acknowledged before the Lord Chief Justice are as follow   s. d. DRawing the Precipe and Concord 0 3 4 Acknowledging thereof before the Chief Iustice 0 11 8 Writ of Covenant 0 3 0 Imposition upon the Writ of Covenant 0 0 6 For the Kings Fine according to the value of the Land Imposition thereupon accordingly  The several Fees at the Alienation Office 0 2 4 Warant of Attorney making and filing 0 0 4 Paid at the Inrollment Office 0 2 0 To the Custos Breviâ—m 0 3 8 To the Kings Silver-Office in Term time 0 0 10 If out of the Term 4d more if taken before the Chief Iustice but if by Dedimus you pay 0 1 8 To the Chirographer in Term time and 6d more after 0 5 8 For the Indentures to the Chirographers Clerks for the first warranty 0 3 6 For every Warranty afterwards 0 0 6 Attorneys Fee 0 6 8 Sect. II. The Charges of a Fine acknowledged at the Bar.  l. s. d. TO a Sergeant at Bar 0 3 4 To the second Prothonotary or his Clerk in Court for Recording the Fine 0 1 4 Fees paid in Court to the Box and Officers 0 0 6 In all things else the Fees are the same of a Fine acknowledged at Bar as if it had been taken before the Lord Chief Justice Sect. III. The Charges of a Fine acknowledged before Commissioners in the Country by special Dedimus potestatem TO the Cursitor for the Dedimus with Imposition 1 4 8 To a Iudge for his hand or Allocatur in case a Knight be not present at the Caption 0 4 0 But when a Knight is present you need not a Iudges hand    The rest of the Fees are the same in this Case as when acknowledged before the Lord Chief Justice Sect. IV. The Charges of a Fine taken before a Judge of Assize   s. d. IN this case the Charges are the same as when acknowledged before the Lord Chief Iustice the Fee for the Caption being also 0 11 8 Onely you pay to the Cursitor for a Dedimus potestatem 0 9 6 The rest of the Fees are as Sect. the first ARCANA CLERICALIA OR A Treatise OF Common Recoveries UPON WRITS of ENTRY IN le Post WITH Notes and Observations thereupon AND A TABLE of Fees Printed Anno Dom. 1673. Arcana Clericalia OR A Treatise OF Common Recoveries UPON Writs of Entry In le Post A Common Recovery defined A Common Recovery is onely fictio Juris or a Conveyance by consent used for the better assuring of Lands and Tenements upon any man wherein the Recovery in value the supposed Recompence for him which loseth his land is but a fiction in Law And this Recovery by assent is now by custome become a Common Assurance and Conveyance upon which Vses may be limitted and raised Coke 1 part Sir William Pelhams Case 14. But there is a great difference between a Recovery by assent and a Recovery without assent of the Parties Vide 14. El. Cap. 8. The former definition explained IF any person have a desire to render himself capable of disposing of Lands or Tenements which are intayled upon him and would be enabled to sell give or bequeath them as he pleaseth the course is to procure some friend to bring a Writ against him for this Land or in case where he doth sell the Land perhaps he that buyeth it or is to have it setled upon him shall bring the Writ against him that is to make the Assurance of the Land if it be with a single Voucher And in this case the Demandant being Plaintiff in this Action doth suppose that the Tenant or he against whom the Writ is brought hath no right to the Land but that he onely viz. the Demandant hath right thereunto and that the Tenant came to the Land wrongfully by means of one Hugh Hunt a stranger therein named And to this Writ the Tenant doth appear either by Attorney or in person and then doth enter into defence of the Land but in Pleading doth vouch to warant such a man from whom or his Ancestors the Lands in question are supposed to come to him or his Ancestors the Ancestor of which third person obliging himself and his heirs by Conveyance to warant and make good the Title to him or them to whom it was Conveyed and thereupon he prayeth that this Vouchee or third person may be called into Court to defend this Title whereupon being called he doth appear and seem to defend the Title denying that the Tenant came to the land wrongfully by means of the aforesaid Hugh Hunt upon which he takes Issue
or put himself upon the Country whereupon the Demandant prayeth a further day to imparle or confer about the matter which being granted unto him by the Court at the day appointed the Vouchee or third person aforesaid by Agreement and consent of the Parties comes no more into Court but makes default whereby judgment is given and awarded by the Court to the Demandant that he shall recover against the Tenant the Lands in question and that the Tenant shall recover over so much Land of the third person as is sufficient to recompence him for the Land recovered from him which the said third person or Common Vouchee ought to have waranted and defended but suffered to be lost And this is a Recovery in value or pro Rata But if the Recovery be with a double Voucher or treble Voucher then the third person upon his appearance is to call or vouch to warant a fourth person who must be the Common Vouchee and to alleadge in the same manner as the Tenant doth and pray that such fourth person may come in who thereupon must appear and make default in such manner as before is mentioned of the third person in the Recovery with single Voucher And so if there be more Vouchers And then there must be several Recoveries over in value against every one of them But he that is last vouched or called to waranty is alwaies Common Vouchee who is usually Bag-bearer to the Custos Brevium of the Court of Common Pleas and hath not any Land to render in value upon the supposed warranty And by this means grounded upon the strict Principles of Law the first Tenant doth willingly let go the land for the assurance of the Purchasor and yet in truth hath no recompence over because the Vouchee hath no Land to render in value Of what a Writ of Entry may be had and by what Names A Precipe quod Reddat lyeth de Castro Manerio Mesuagio Tofto Molendino Columbari Gardino de Terra Prato Pastura de Bosco de Jampnis Bruera de Mora de Juncariis de Marisco salso frisco de libera Piscaria in Aqua de E. de redditu de communia Pasture pro omnibus averiis de communia Estoveriorum de Pannagio pro Porcis de Visu Francii Plegii de Rectoria de L. cum pertin de quibusdam portionibus decimarum provenien crescen seu renovan in K. de Advocatione Ecclesie de W. de Advocatione Vicarie Ecclesie de S. It lyeth also de Terra Aqua cooperta de passagio ultra Aquam de Balliva de Officio de quarta parte decimarum de omnibus omnimodis decimis Majoribus mixtis minutis infra Villam sive Hamlett de B. infra Parochiam de A. quoquomodo crescen contingen ac annuatim renovan c. de Tofto situ Molendini de Hundredo de C. de Ballivato de B. de Pastura ad sex Boves de roda Terre de medietate unius rode Terre de Shopa de Wharfa de Keia Of what things a Writ of Entry lyeth not IT is said in the Practical Counsellor fo 196. that a Writ of Entry may not be de Piscaria Estoveriis de Gardino and in the Compleat Sollicitor printed this present year 1672 fo 62. that a Precipe quod Reddat lyeth not de Piscaria de Estoveriis nec de communia Pasture nor of a Garden And so it is said in the Attorneys Guide fo 129 All which you will find to be otherwise by the Precedents of Recoveries in this Treatise And certainly it is a very great mistake for any person that treats publickly of Recoveries to say that a Writ of Entry lyeth not of a Garden the opinion being so directly contrary to the Rule of the Register by which it evidently appears that the word Gardinum is alwaies used in real Actions as Writs of Entry in le per cui post de placito Terre either for a Garden or Orchard as you will find by the ensuing Precedent Et predictus M. per A. L. Attorn suum ven petir indicium de brevi predicto Qua dicit quod breve illud viciosum est in se non impetrat versus eundem M. secundum cursum Registri seu secundum formam naturam brevis domine Regine de ingressu super disseisinam in le per seu alicujus al. brevis domine Regine de placito Terre quia in eodem brevi apparet quod predictus J. inter alia petit versus ipsum M. unum Pomarium modo forma sequen videlicet Precipe M. T. Ar. quod juste c. reddat J. D. unum Mesuagium unum Gardinum unum Pomarium c. cum pertin inter alia in G c. ubi secundum cursum formam Registri hoc verbum Pomarium in aliquo brevi de placito Terre secundum naturam ejusdem brevis nunquam ponitur quia hoc verbum Gardinum secundum cursum formam Registri semper comprehendit in se Pomarium undo ex quo c. New Book of Entries intituled Formule bene placitandi Title Abatement A Writ of Entry therefore cannot be brought de Pomario for the Reasons above nec de Fossato Stagno nec de Advocatione decimarum unius Curucat Terre nec de Homagio fidelitat nec de serviciis faciendis nec de bovat Marisci nec de Selione terre for the incertainty because a Selion which is a land containeth sometimes an acre sometime half an acre sometimes more and sometimes less it cannot be had of a Croft nor of a yard land virgata Terre nec de Fodina de Minera nec de Mercatu for they lye not in demesne but gain nec de superiori camera 3 H. 6. fo 1. A Writ of Entry ought not to contain the same thing twice as a Mesuage and an House parcel of the same Mesuage 3 Ed. 4. fo 28. 46 Ed. 3. fo 26. nor to name a Town and a Hamlet within the same Town 22 Ed. 3. fo 11. 41 Ed. 3. fo 22. but the Practice is otherwise at this day Of Common Recoveries upon Writs of Entry in le Post Their Forms c. ss Midd. ss PRecipe Roberto Bellingham generoso A Precipe to be entred upon the Remembrance Single Voucher Cornelio Bellingham generoso quod jâ—ste c. reddant Alexandro Houghton generoso decem Mesuagia decem Tofta unum Columbare decem Gardina Centum acras Terre quadraginta acras Prati septuaginta acras Pasture cum pertin in A. C. L. N. B. que clam c. Write thus in the Margin ss Tenentes in propriis personis voc ad War Edmundum Clent ss Kanc. ss PRecipe Jacobo Hart generoso quod The like Double Voucher juste c. reddat Isaaco Burdet generoso unum Mesuagium tres acras Terre tres acras Prati viginti acras Pasture cum pertin in Deptford alias Detford alias West Greenwich que clam
c. ss Tenens in propria persona vocat ad War Humfridum Mumford generosum qui presens vocat Edmundum Clent Ad. Barram ss North't ss PRecipe Obadie Kentiso Juniori generoso The like Treble Voucher Whereby you may understand how to place the parcels according to the Method used in the Register Michaeli Aldridge generoso quod juste c. reddant Josepho Allen Armigero Manerio de S. K. E. D. cum pertin ac quadraginta Mesuagia viginti quatuor Tofta sexdecim Molendina viginti Columbaria quadraginta Gardina duas Mille acras Terre tres Mille acras Prati quatuor Mille acras Pasture tres Mille acras Bosci decem Mille acras Jampnorum Bruere quinque Mille acras More duas Mille acras Marisci salsi Mille acras Marisci frisci quatuor librat reddit ac reddit duarum librarum dimid unius libre Piperis unius grani Piperis cum pertinentiis in R. L. G. S. G. J. H. E. Necnon Advocationem Ecclesie de K. que clam c. ss Tenentes in propriis personis vocant ad War Johannem Grantham Sen. generosum qui presens in propria persona vocat ad War Galfridum Weston generosum qui similiter presens in propria persona vocat Edmundum Clent ss Mes â—â—gium Toft nm Mol. endinum Col. nmbare Gar. dinum Terr â— Nota. If you place your parcels in Precipes according to these Verses you will never erre The Exemplification of a Recovery with double Voucher where the Parties appear in person at Bar. Pra. tum Pas tura Bos cus Brue ra Mora. Junca riâ— Maris cus Alne tum Pis caria Red. ditus Sectare priora ss CArolus Dei gratia Anglie Seotie Francâ—e Hibernie Rex fidei defensor c. Omnibus ad quos presentes litere nostre pervenerint salutem Sciatis quod inter Placita terre irrotulata apud Westm coram Thoma Richardson Milite Sociis suis Justicâ— postris de Banco de Termino S. Michaelis Anno Regni nostri tertio Rotulo vicesâ—mo continetur Sic Hertf. ss C. R. gen J. R. gen in propriis personis suis petunt versus G. C. gen unum Mesuagium c. And so set forth the whole Recovery verbatim according to the Precedent next following of a Recovery with single Voucher unto the end of these words Prout per breve illud sibi preceptum fuit c. And then conclude it thus Que omnia singula ad requisitionem predict A. tenore presentium duximus exemplificand In cajus rei Testimonium Sigillum nostrum ad Brevia in Banco predicto sigilland Deputat prefentibus apponi fecimus Teste Thoma Richardson apud Westm vicesimo octavo die Novembris Anno Regni nostri tertio You must Teste your Exemplification after the Nota. return of the Writ of Seisin But if there be not fifteen daies between the return of the Writ of Entry or the Writ of Summons and the End of the Term Then must the Writ of Seisin be returnable Indilate And the Exemplification must bear Teste the last day of the Term in which the Writ of Entry or Summons came in Observanda In every Recovery four things are principally to be regarded viz. First The Demandant who is Plaintiff in the Writ of Entry and may be called the Recoverer Secondly The Tenant of the Land who is Defendant to the Writ of Entry and in regard the Land is recovered against him he may not improperly be termed the Rocoveree Thirdly The Vouchee being that person who is vouched by the Tenant or he whom the Tenant calleth to warranty for the Lands demanded in the Count. Lastly The Land it self which is to be recovered being the subject matter of a Recovery which you must be very careful and exact to place Regularly according to the course used by the Cursâ—tors and the directions above given In a Recovery with double Voucher you must either by a Fine sur Cognizance de droit come ceo c. or by a Deed of Feoffment or Bargain and Sale inrolled or Lease and Release make him you intend to be Tenant at the time of the Writ of Entry brought For every Writ of Entry must alwaies be brought against him that must be a perfect Tenant of the Freehold of the Land demanded at the return of the Writ Because the Estate of the Tenant in Tayl which is the Vouchee is barred in respect of the Asseâ—z onely which are or may be recovered in value and of Execution sued by the Tenant against him If Tenant to a Recovery have but an Estate for life or be Tenant in Dower or by the Courtesse of England it is requisite for the strengthning of his Recovery that he make a Conditional * The form of which Surrender see at the end of this Treatise Surrender of his Estate to him in the Reversion or Remainder to the end he may be a present Tenant of the Inheritance and then to bring the Writ of Entry against him and after that the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his term notwithstanding such Surrender ss Hertf. ss C. R. generosus J. R. generosus in A Recovery with single Voucher propriis personis suis petunt versus G. C. generosum unum Mesuagium unum Toftum unum Molendinum unum Gardinum triginta acras Terre viginti acras Prati â—uadraginta acras Pasture Centum acras Bosci cum â—ertin in H. ut jus hereditatem suam in que idâ—â— Galfridus non habet ingressum nisi post disseisiâ—â—m quam Hugo Hunt inde injuste sine judicio fecit â—esatis Carolo Johanni infra triginta Annos c. Et unde dicunt quod ipsimet fuerunt seisiti de teâ—mentis predictis cum pertin in dominico suo uâ— de feodo jure tempore pacis tempore domini Regis nunc capiend inde exples ad valentiam c. Et in que c. Et inde producunt sectam c. Et predictus Galfrid in propria persona sua venit defendit jus suum quando c. Et vocaâ— inde ad warantizand Edmundum Clâ—nt qui presens est hic in Curia in propria persona sua Et gratis tenementa predicta cum pertin ei War c. Et super hoc predicti Carolus Johannes petunt versus ipsum Edmundum tenentem per warant suam tenementa predicta cum pertin in forma predicta c. Et unde dicunt quod ipsimet fuerunt seisiti in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiend inde explesias ad valentiam c. Et in que c. Et inde producunt sectam c. Et predictus Edmundus tenens per Warantiam suam defend it jus suum quando c. Et dicit quod predictus Hugo non disseisivit prefatum Carolum
Johannem de tenementis predictis cum pertin prout iidem Carolus Johannes per breve narrationem sua predicta superius supponunt Et de hoc ponunt se super Patriam c. Et predicti Carolus Johannes petunt licentiam inde interloquendi Et habent c. Et postea iidem Carolus Johannes reven hic in Curia isto eodem Termino in propriis personis suis Et predictus Edmundus licet solempniter exactus non reven set in contemptum Curie recessit defaltum â—ecit Ideo consideratum est quod predicti Carolus Johannes recuperent seisinam suam versus prefatum G. de tenementis predictis cum pertinentiis Et quod idem G. habeat de terr predicti Edmundi ad valentiam c. Et ideâ— Edmundus in misericordia c. Et super hoc iâ—â—em Carolus Johannes petunt breve domini â—egis Vic. Com. predicti dirigend de habere fâ—â—end eis plenariam seisinam de Tenementis redictis cum pertin Et eis conceditur retorn â—ile hic à die Sancti Michaelis in unum Menseâ— c. Ad quem diem hic ven predict C. J. in â—ropriis personis suis Et Vic. videlicet G. H. Bar modo mand quod ipse virtute brevis predict sibi direct 26. die Nov. Ult. preterit habere fec prefat C. J. plenar seisinam de tenementis predictis cum pertin prout per breve illud sibi preceptum fuit c. Observanda Although this is called a Recovery with single What a Recovery with single Voucher is Voucher yet you will find two Recoveries included therein The first by the Demandant against the Tenant which in the form next above is thus Ideo consideratum est quod predicti Carolus Johannes which are the Demandants recuperent seisinam suam versus prefatum Galfridum the Tenant de tenementis predictis cum pertin And the second Recovery is by the Tenant against the Common Vouchee in these words in the precedent next above Et quod idem Galfridus habeat de terra predicti Edmundi the Common Vouchee ad valentiam c. The intent of a Common Recovery with single What is intended by a Recovery with single Voucher Voucher is to bar the Tenant and his Heirs of such onely Estate-tayl which then is in him to destroy the Estates which others have of any Reversion expectant or Remainder dependant upon the same and of all Leases and Incumbrances derived out of such Reversions or Remainders ss Hanc ss ISaacus Burdet generosus in propria A Recovery with double Voucher persona sua petit versus Jacobum Hart generosum unum Mesoagium tres acras Terre tres acras Prati viginti acras Pasture cum pertinentiis in Deptford alias Detford alias West Greenwich ut jus hereditatem suam Et in que idem Jacobus non habet ingressum nisi post disseisinam quam Hugo Hunt inde injuste sine Judicio fecit prefato Isaaco infra triginta Annos c. Et unde dicit quod ipsemet fuit seisitus de tenementis predict cum pertin in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiend inde exples ad valentiam c. Et in que c. Et inde producit sectam c. Et predict Jacobus tenens per War suam defendit jus suum quando c. Et vocat inde ad war Humfridum Mumford qui presens esthic in Curia in propria persona sua Et gratis tenementa predicta cum pertin ei war c. Et super hoc predictus Isaacus petit versus ipsum Humfridum Tenen per war suam tenementa predicta cum pertinentiis in forma predicta c. Et unde dicit quod ipsemet fuit seisitus de tenementis predictis com pertin in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiendo inde exples ad valentiam c. Et in que c. Et inde producit sectam c. Et predictus Humfridus tenens per warantiam suam defendit jus suum quando c. Et ulterius vocat inde ad warantizand Edmundum Clent qui similiter presens est hic in Curia in propr persona sua gratis tenementa predicta cum pertin ei war c. Et super hoc predictus Isiacus petit versus ipsum Edmundum tenentem per warantiam suam tenementa predicta cum pertinentiis in forma predicta c. Et unde dicit quod ipsemet fuit seisitus de tenementis predict is cum pertinentiis in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiendo inde exples ad valentiam c. Et in que c. Et inde producit sectam c. Et predictus Edmundus tenens per warantiam suam defendit jus suum quando c. Et dicit quod predictus Hugo non disseisivit prefatum Isaacum de tenementis predictis cum pertinentiis prout idem Isaacus per breve narrationem sua predicta superius supponit Et de hoc ponit se super patriam c. Et predictus Isaacus petit licentiam inde interloquendi Et habet c. Et postea idem Isaacus revenit hic in Curia isto eodem Termino in pro pria persona sua Et predict Edmundus licet solempniter exactus non revenit set in contemptum Curie recessit defaltum facit Ideo consideratum est quod predictus Isaacus recupeâ—et seisinam suam versus prefatum Jacobum de tenementis predictis cum pertinentiis Et quod idem Jacobus habeat de terra predicti Humfridi ad valentiam c. Et quod idem Humfridus ulterius habeat de terra predicti Edmundi ad valentiam c. Et idem Edm. in misericordia c. Et super hoc predictus Isaacus petit breve domini Regis Vic. Com. pred dirigend de habere faciend ei plenariam seisinam de tenementis predictis cum pertinentiis ei conceditur retornabile hic a die Sancti Martini in quindecim dies c. Ad quem diem hic venit predictus Isaacus in propria persona sua Et vicecomes videlicet A. S. Armiger modo mandat quod ipse virtute brevis illius sibi directi vicesimo quarto die Novembris ultimo preterito habere fecit prefato Isaaco plenariam seisinam de tenementis pre dictis cum pertinentiis prout per breve illud sibi preceptum fuit c. Observanda In a double Voucher three Recoveries are mentioned What is meant by a Recovery with double Voucher that is to say one where the Demandant hath judgment to recover the land against the Tenant another where the Tenant hath likewise Iudgment to recover in value against the Voucher and lastly where the first Voucher hath also the like Iudgment to
illius sibi directi nono die Februarii ult preterito habere fecit prefato Josepho plenariam seisinam de tenementis predictis cum pertinentiis prout per breve illud sibi preceptum fuit c. The Writ of Seisin must be retornable at the least fifteen daies after the retorn of the Writ of Entry but if the Writ of Entry be retornable towards the latter end of the Term so that there be not fifteen daies between the retorn of the Writ of Entry and the end of the Term then the Writ of Seisin must be retornable Indilate as in the Entry next before And the Writ of Seisin must alwaies bear Teste of the retorne of the Writ of Entry And so it is also if the Recovery come in by Summons the Writ of Seisin must haâ—e the like proceedings after the Writ of Summons Observanda In a Recovery with treble Voucher are included What a Recovery with treble Voucher is Four Recoveries The first by the Demandant against the Tenant The second by the Tenant against the first Vouchee The third by the first Vouchee against the second Vouchee And the fourth by the second Vouchee against the Common Vouchee The scope of a Common Recovery with treble The scope and intent of a Recovery with treble Voucher Voucher is to make a perpetual Bar of the Estates of the Tenant and of every such Estate of Inheritance as at any time had been in the first or second Vouchee or any of them or either of their Ancestors whose Heirs he or they are of such Estate and as well of every Reversion thereupon dependant as also of all Leases Estates Charges and Incumbrances derived out of any such Reversion or remainder ss CArolus secundus c. Rex Vicecomiti S. salutem A Writ of Summons to Warranty Sum. per bonos Sum. W. L. quod sit coram Justic nostris apud Westm à die Sancti Michaelis in tres Septimanas ad war E. G. tria Mesuagia cum pertin in Villa S. que J. J. in Curia nostra coram Justic nostris apud Westm clam ut jus suum versus presat E. per breve nostrum de Ingressu super disseisinam in le Post Et unde idem E. in eadem Curia nostra voc predictum W. sum in Comtuo ad War versus eum Et habeas ibi sum hoc breve Teste Jehanne Vaughan apud Westm decimo die Junii Anno regni nostri vicesimo terâ—io Observanda The Writ of Summons must be retornable â—ive Retorns inclusive after the retorn of the Writ of Entry as for Example If the Writ of Entry be 17 Ca. 1. cap. 6. before which Statute there ought to have been nine Reterns between the Teste and return of every Writ retornable Quindena Pasche then the Writ of Summons must be retornable Cras Ascensionis being the fifth retorn inclusive from Quindena Pasche And you are to observe that Crastin Ascensionis domini was no retorn which could be used as to Recoveries or any other real Action until by the said Statute 17 Ca. 1. 6. it was made a good and perfect Retorn So if the Writ of Entry be retornable Crastino How the Writ of Summons must bear Teste Martini the Writ of Summons must bear Teste from that retorn of Crastino Martini and be retornable five Retorns after Inclusivè that is to say accounting Crastino Martini for one of the five Retorns and Quinden Hillarii which is the fifth Retorn after Crastin Martini for another And the How the Writ of Seisin must be retornable and bear Teste Teste of the Writ of Seisin must be the Teste day of that fifth Retorn and be retornable Indilate because there are not fifteen daies within Hillary Term after Then the Writ of * How to return the Writ of Seisin Seisin may be retorned that Seisin was delivered by virtue thereof to the Demandant by the Sheriff of the County where the Lands lye upon any day not being Sunday between the Teste and the end of the Term from which day and the end of the Term by possibility the Sheriff might come from the land to Westminster before the rising of the Court. If a Recovery be with single Voucher the Precipe Notanda Vpon a Recovery with single Voucher must be brought against the Tenant in Tayl in possession and he to Vouch the Common Vouches If with †Vpon a Recovery with double Voucher Entry of a Wrâ—â— of Summons to Warranty double Voucher a Writ of Covenant must be brought against the Tenant and a Writ of Entry against the Cognizee of the Fine who must Vouch the Tenant in Tayl then the Writ of Covenant must be Teste and retornable before the Writ of Entry and this is called a double Voucher ss J. J. in propria persona sua petit versus E. G. Armigerum tria Mesuagia tria Gardina quadraginta acras Terre quinquaginta acras Prati sexaginta acras Pasture quadraginta acras Bosci Centum acras Jampnorum Bruere cum pertin in R. vt jâ—s hereditatem suam Et in que idem E. non habet ingressum nisi post disseisinâ—m quam Hugo Hunt inde injuste fine judicio fecit prefato J. infra triginta Annos c. Et unde dicit quod ipsemet fuit seisitus de tenementis predictis cum pertinentiis in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiendo inde explesias ad valentiam c. Et in que c. Et inde producit sectam c. Et predictus E. per C. D. Attornatum suum venie defendit jus suum quando c. Et vocat inde ad warantizandum W. L. sum in Comitatu predicto habeat eum hic a die Sancti Michaelis in tres septimanas per Auxilium Curiae c. idem dies datus est partibus predictis hic c. Salop. ss J. J. in propria persona sua Pet. versus Entry of a Recovery with double Voucher by Summons E. G. Armigerum tria Mesuagia tria Gardina c. cum pertin in R. ut jus hereditatem suam Et in que idem Edwardus non habet ingressum nisi post disseisinam quam Hugo Hunt inde injuste fine judicio fecit prefato Johanni infra triginta Annos c. Et predictus Edwardus per C. B. Attorn suum venit Et alias vocat inde ad War W. L. qui modo per sum ei in Comitatu predicto factam per C. G. Attorn suum fimiliter venit Et gratis Tenementa predicta cum pertin ei War c. Et super hoc predictus Johannes pet versus ipsum W. tenen per War suam tenementa predicta cum pertin in forma predicta c. Et unde dic quod ipsemet fuit seisitus de tenementis predictis cum pertin in dominico