is covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the Right Honourable H. Earl of D. since deceased and to the said R. H. T. T. J. B. and H. H. and their heirs and to the Survivor of them and his heirs all and singular the Mannors of S. B. and S. in the said County of L. and also all and singular Suits Seigniories Services Franchises Priviledges Court-Leets Perquisites of Courts and Leets View of Frank-pledge and all appurtenances Emoluments and Hereditaments whatsoever unto the said Mannors and Lordships or unto any of them belonging and appertaining and also all and singular his Mannors Messuages Lands Tenements and Hereditaments whatsoever within the several Towns Townships Fields Hamlets Precincts and Territories of S. H. A. and O. and elsewhere in the County of L. to the several uses intents and purposes in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose in any wise The particulars of which said Uses do more plainly appear in and by the said recited Indenture relation being thereunto had In which said recited Indenture of the 35 year of her Highness Reign there is nevertheless contained one Proviso or Clause to the tenor or effect hereafter following that is to say Provided nevertheless c. here recite the Proviso of Revocation verbatim Now therefore it is agreed by and between the parties to these presents and the said E. S. according to the tenor power or liberty of the said Proviso being fully minded and determined to alter the Estate and Estates limited in use in or by the said mentioned Indenture of the 35 year of her Highness Reign unto T. S. of B. and the Heirs males of his body and also the Estate and Estates limited in use in or by the said recired Indentures unto J.S. for term of his life without impeachment of wast and after his decease then to E. S. son of the said J. and the heirs males of his body lawfully begotten doth by these presents and by force and according to the said Proviso or the power or liberty thereof revoke repeal and derermine all and every the said estate and estates in any wise limited in use in or by the said recited Indentures unto the said T. S. of B. and the Heirs males of his body lwfully begotten and also all and every the estate and estates in or by the said Indentures limited in use unto the said J.S. for term of his life and all and every the estate or estates in or by the said Indentures limited in use unto the said E. S. son of the said J. and the heirs males of his body lawfully begotten of in for or concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their appurtenances in any wise comprised or specified in or by the said Indentures And likewise the said E.S. doth hereby limit publish and declare according to the tenor of the said recited Proviso that all and every the Estates in any wise manner or form limited in use in or by the said recited Indenture unto the said T. S. and the Heirs males of his body lawfully begotten as also all and every the estate and estates in any manner or form limited in use in or by the said Indenture unto the said J. S. for term of his life without impeachment of wast and all and every the estate and estates in any wise manner or form limited in use in or by the said Indenture unto the said E. S. son of the said J. and the Heirs males of his body lawfully begotten shall from thenceforth of in for and concerning all and every the Mannor Lands Tenements and Hereditaments with their appurtenances in any wise comprised in the said recited Indenture shall cease determine be frustrate void and of no farther effect or continuance in Law any the limitations of use or uses in the said mentioned Indenture or any other matter or thing whatsoever to the contrary hereof in any wise notwithstanding And that all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their appurtenances and the only use thereof shall from henceforth remain continue and be unto the said E.S. party to these presents and his Heirs for ever and not in any sort manner or form unto the said T. S. and the heirs males of his body nor to the said J.S. for term of his life nor to the said E.S. Son of the said J. and the Heirs males of his body lawfully begotten nor to their or any of their Assign or Assigns In witness whereof c. A Declaration of Uses upon the Revocation above-written TO all to whom these presents shall come E.S. of S. in the County of L. Esq sendeth greeting Know ye That I the said E. S. having before the making hereof revoked reduced and revested the Estate of Inheritance of all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with the appurtenances scituate c. in and to me the said E.S. and my heirs for divers causes and considerations me thereunto moving Have Given Granted and Confirmed and by these presents do Give Grant and Confirm unto A. B. of c. and R.L. of c. all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with their appurtenances To have and to hold the said Mannors c. unto the said A. B. and R. L. their heirs and assigns to the several uses behoofs intents and purposes hereafter in these presents specified and to no other use intent or purpose whatsoever that is to say to the onely sole and proper use of me the said E.S. and my heirs and assigns for ever In witnesse c. We will now Illustrate the matter with some few Cases And first 1. In Trin. 25 H. 8. Barloe and those who were seised in Fee of the Land gave it to Jo Aprice and Joan his wife and the heirs of their two bodies engendered and after Jo. Aprice did discontinue the tayl to the use of Richard his Son and Anne his Wife and to the heirs of the body of the said Richard and after the said John dyed and Joan survived him And after Richard enfeoffed one Thomas a Bastard son in Fee After Anne dyes and one Robert Pattershall and others recover the same Lands against the said Thomas in a Writ of Entry in le Post wherein Thomas vouched the said Richard which voucheth over the common Vouchee and thereupon Judgment and Execution was had After this Joan dyed after whose death Richard dyed without lawfull Issue of his Body and after one Thomas Aprice younger Brother to the said Richard and Son of the said John and Joan brought a Formedon in Descender against Thomas the Bastard son and recovered the Land for that Joane was living at the time of the Recovery had and therefore the first entail was not bound and by the death
of Joane a new right or title in the tayl descendeth to the said Richard and after his death to the said Thomas his Brother the Demandant Benloes Rep. 30 31. 2. In 29 H. 8. A Recovery was had against Tenant in taile and he dyed before execution And by the better Opinion the Issue is not remitted neither shall he falsifie because of the Recovery in value upon the Voucher Dyer 35. 3. In the Case of Hunt and Gateley Pasch 23 Eliz. in C.B. the case was That he in Remainder granted a Rent out of the Land after the Tenant in tail suffered a Common Recovery and dyed without Issue And it was Resolved by all the Judges of England That Leases for years Conusance of a Statute Grant of a Rent and all other Incumbrances by him in remainder are avoided by the common Recovery that the Tenant in tail shall suffer of the Land Moores Rep. Case 298. Capell's Case 23 Eliz. Co. 1. fo 62. 4. In Trin. 12 Eliz. 290. A Recovery was suffered by Husband and Wife of Tenements in London which by the Custome of London binds as a Fine at Common Law which was to the use of the Recoverors c. untill they made a Lease for 40 years and then to the use of the husband and wife and the heirs of the wife The Lease was made and then the husband dyed In this case the Court held that the wife should be concluded and should not avoid this Lease but shall hold under the Recovery so as the Lease precedes her Estate But Quaere what remady she shall have for the Rent which was reserved before her Estate by the use was created Dyer 290. See Co. 2. Part 57. Beckwiths Case 5. Replevin for the taking of three Cowes apud Rowdham the Defendant justifies for damage Feasant as in Freehold the Pâ—aintiff traverses the Freehold and thereupon being at Issue a specia Verdict was found Where the Case appeared to be One William Brown Father to the Defendant being seised of this Land in Fee having Issue the Defendant his Son and Heir Thomas Brown his second son and Richard a third by his Will in writing devised this Land to Thomas his son and his Heirs for ever paying to his brother Richard 20 l. at his age of 21 years And if Thomas dyed without Issue living William his Brother That then William his Brother should have those Lands to him and his heirs and assigns for ever paying the said Summe as Thomas should have paid Thomas enters and suffers a common Recovery with a single voucher to the use of himself and his heirs and afterwards deviseth it to the wise of Edward Pells the Plaintiff and her heirs and dyes with out Issue living the said William Brown who entred upon Edw. Pells and took the Distress Et si c. This Case was twice argued at the Barre and afterwards at the Bench and the matter was divided into three Points 1. Whether Thomas had an Estate in Fee or in Fee tayl only 2. Admitting he had a Fee Whether this limitation of the Fee to William be good to limit a Fee upon a Fee 3. If Thomas hath a Fee and William only a possibility to have a Fee Whether this Recovery shall barr William or that it be such an Estate as cannot be extirpated by Recovery or otherwise To the third Point Dodderidge held That this Recovery should barr William for he had but a possibility to have a Fee and as it were a contingent Estate which is destroyed by this Recovery before it came in esse for otherwise it would be a mischievous kind of Perpetuity which could not by any means be destroyed And although it was Objected That a Recovery shall not barre but where a Recovery in value extends thereto as appears Co. lib. 1. Capell's Case That a Rent-charge granted by him in remainder was bound Yet he held That this Recovery destroying the immediate estate all Contingencies and dependencies thereupon are bound and a Recovery shall bind every one who cannot falsifie it And he who hath this possibility cannot falsifie it therefore he shall be bound thereby But all the other Justices were herein against him That this Recovery shall not bind for he who suffered the Recovery had a Fee and William Brown had but a Possibility if he survived Thomas and Thomas dying without issue in his life no Recovery in value shall extend in value thereto unless he had been party by way of Vouchee And then it should for by entring into the Warranty he gave all his possibility Therefore they agreed to the case which Davenport at the Barre cited to be adjudged 34 Eliz. where a Mortgagee suffers a Recovery that shall no bind the Mortgagor but if he had been party by way of Voucher it had been otherwise and here is not any Estate depending upon the Estate of Thomas Bray but a Collaterall and meer Possibility which shall not be toucht by a Recovery And if such a Recovery should be allow'd then if a man should devise that his Heir should make such a payment to his younger sons or to his Executors otherwise the Land should be unto them if the Heir by Recovery might avoid it it would be very mischievous and might frustrate all devices and there is no such mischief that it should maintain Perpetuities for it is but in a Particular case and upon a mere contingency which perchance never may happen and be avoided by joyning him in the Recovery who hath such a contingency And on the other part it would be far more and a greater mischief that all Executors devises should by such means be destroy'd And Hutton in his Argument put this Case If a man gives or devises Land to one and his heirs as long as J. S. hath Issue of his body he by Recovery shall not bind him who made this Gift without making him a party by way of Vouchee for a Recovery against Tenant in Fee-simple never shall bind a collateral interest title or possibility as a Condition or Covenant or the like Wherefore they all besides Dodderidge held that this Recovery was no barr But it was adjudged for the Defendant Pells and Brown Hill 17 Jac. B.R. Cro. 2 Part 590. 6. In Pasch 24 Eliz. C. B. A Feme Sole was seised of a Mannor to which were three Copyholds one of the Copyholders did intermarry with the woman and afterwards he and his wife did suffer a Common Recovery of the Mannor to the use of themselves for their lives and afterwards to the use of the Heirs of the wife In this case it was agreed by the whole Court That the Copyhold was extinct And said by the Court That if a Copyholder will joyn with the Lord in a Feoffment of the Mannor thereby the Copyhold is extinct and so if he accept a Lease of his Copyhold Godb 11. Mich. 29 Eliz. C.B. Godb. 101. accord 7. Husband and wife are Joynt-Tenants for life the remainder to
at the common Law falfifie 26 H. 8.2 for having but a Chattel derived out of a freehold there is no reason he should falfifie a Recovery which draweth the Fees simple out of the Lessor Also the present Estate upon which the Lease depends being destroyed the Lease must needs be extinct Of Bargaine and Sale by Deed. A Bargain and Sale is a real contract upon valuable considerations for the passing of Lands Tenements or Hereditaments by Deed indented and inrolled within six moneths after the date of it without Livery of seisin or Atturnment of Tenants so as be by Deed indented sealed and inrolled either in the County where the Land lyes or within one of the Kings Courts of Record at Westm within six moneths after the date as we said before Plowd 307. Co. 2 part Inst 672. Concerning which I will give only a few Generals 1. That if one for money grant a Rent without any word of Bargaine and Sale and the Deed be inrolled the Rent will pass without atturnment Cro. 3. part 166. 2. That Lands in London bargained and sold by Tenant in tayle and the Deed delivered after the same year he made Livery to him the Lands pass by the bargain and Sale Yelverton 123 124. 3. That as the very words Bargaine and Sale are not needful to make some Land pass by way of Bargain and Sale where there is an inrolment So inrolment is not necessary in all cases As where a reversion is granted for years only there neither inrolment not atturnment are necessary Cook 8.93 Foxes Case 4. That the makers of the Act 27 H. 8. chap. 10. did not expect that any Land after that Act should pass by way of Limitation of use save only uses upon Bargain and Sale which they did in the same Parliament allow after inrolment And they did presume that little Land would pass that way for that the Bargaine being in the Post might not vouch by force of any warranty annexed to the Estate of the Land Co. 1.120 in Chudleighs Case 5. That to make a good Estate for years by way of Bargain and Sale for Land to pass this may be without inrolment of the Deed But to make a good Estate of the Freehold or Inheritance of Land by way of Bargain and Sale it must have the Requisites of a Deed. viz. 6. It must be by Writing and not by Print or Stamp in Parchment not in Paper nor upon Lead Wood or the like Co. 5.20 2 part Inst 672. 7. That by the Common Law Land might have passed by word for the use only past but now it must be by Deed save only in some Cities Villages and ancient Burroughs where it passeth by Custome Dyer 229. 8. That if a Father in consideration of 10 l. paid to him by his Son doth covenant to stand seised to his use no use will arise without Inrollment Coo. 7.40 9. That the Inrollment upon such a Deed so as to make the Estate to pass must be in Parchment Co. 2. Part Inst 673. 10. The inrolled Deed must be indented for if it be by Deed-Poll the Estate will not pass Dyer 229. The Six moneths given for Inrollment are to be accounted 1. From the date and not from the time of the delivery of the Deed and from the date and from the day of the date is all one 2. After the account of 28 dayes to the moneth and no more 3. The day of the date to be taken exclusive Moors Rep. 40. Case 128. and yet if it be inrolled the same day it bears date it is good If it chance which is very seldome that it have no date then the day of the delivery shall be taken for the date and the six moneths to be cast from thence Mich. 37 38 Eliz. Franklin and Garter's Gase Co. 2. part Inst 674. And if the Deed be not thus inrolled it is of no force at all Co. 5.1 Dyer 218. Co. 11.48 Moors Rep. 41. Case 148. This kind of assurance by Bargain and Sale thus perfected by Inrollment will as effectually transfer the Land as any other Conveyance and therefore the Bargainee of a Reversion albeit he may not have benefit of a Condition upon demands of Rent without giving notice of the bargain and sale to the Lessee and albeit that A. the Conusee by a Fine of a Reversion before Attornment of the Tenant bargain and sell the Reversion to B and that in this case B. cannot distrain for his Rent until he can get Attornment of the Tenant yet the Bargainee shall have benefit of a Condition of an Assignee within 32. H. 8. And it seems he may vouch by force of a warranty annexed to the estate of the Land for he is in partly in the Per and partly in the Post Co. 8.94 3.62 5.113 I will Illustrate this Point only with three or four Cases and then give you Presidents Case 1. Winchcombe having Issue two Sons conveyed a Mannor unto his eldest son and to the daughter of Dunce for life for the Joynture of the wife the Remainder to the son in Fee the son having no Issue his Father in Law Dunce procured him by Deed indented to Bargain and sell to him the Mannor the Bargainor being sick who dyed before Inrollment of the Deed within the six moneths the Deed not being acknowledged and afterwards the Deed coming to be inrolled the Clerk who inrolled it procured a Warrant from the Master of the Rolls who writ upon the Deed Let the Deed be inrolled upon Affidavit made of the delivery of the Deed by one of the witnesses to the same and afterwards 〈…〉 was inrolled within the six moneths And the Opinion of the Court was That the Conveyance was a good Conveyance in Law And therefore the younger Brother exhibited his Bill in Chancery pretending the Conveyance to be made by practice without any consideration Winchcombe and Dunce Hill 13 Jac. in Canc ' Godb. Case 376. 2. Popham's Case 5 Eliz. If a man bargain and sell to one and after to another the first Deed is inrolled and after the second and that the last day of the six moneths accounting the day of the date for none yet it was held by the Court That the first Bargainee should have it sic vide from the Date which are the words of the Statute are of the same sense as from the day of the date and that twenty eight dayes make a moneth Dyer 218. Moores Rep. 40. Case 128. 3. Chibbornes Case Lands in London may be bargained and sold by words without Indenture or Inrollment Dyer 228. 4. In Trin. 41 Eliz. Fisher against Smith it was held by the Court. That a bargain and sale of Lands by Deed indented and inrolled for divers good considerations is not good to pass the Land without proof of money paid which must be averred But if the Deed say for a competent sum of money neither party may urge there was none paid albeit it be uncertain Moor. Rep.
Defendant avowing for damage Feasant the Plaintiff justifieth by reason of Common of Pasture Stat. Marlb cap. 21. The Sheriff may replevin Beasts not onely without but within a Liberty also if the Bayliff of the Liberty will not Stat. Westm 2. cap. 2. The Sheriff or Bayliff shall take Pledges of the Plaintiff not onely de prosequendo before they make deliverance of the Beasts but of returning the Beasts if a return be adjudged he that taketh pledge otherwise shall answer the price of the Beasts Upon a Return awarded to the Defendant the Writ de Returno habendo shall have this Clause That the Sheriff shall not deliver them without Writ wherein mention shall be made of the Judgement And thereupon the Plaintiff if he will may have a judicial Writ to the Sheriff to deliver him the Beasts Upon a Return awarded after which if a Return another time be awarded there shall be no more Replevins And if upon his default a second time or otherwise the Defendant be adjudged to have a New Return the Distress shall remain irreplegiable Stat. 1 2 Phil. Ma. cap. 12. Every Sheriff of a Shire being no City shall at his first County day or within two moneths after the receit of his Patent proclaim in the Shire Town four Deputies at the least dwelling not past Twelve miles one from another which in his name shall make Replevins as the Sheriff might do himself This is all thought fit at the present to be Added to make this Book Compleat wherein you not onely find the Choycest Presidents in their kinds but the Nature and Use of them according to the Common Law or as bounded by Statutes And withall given a short Touch upon Distresses and Replevins with the Statutes relating thereto FINIS The Table A INdenture of Annuity 1 118 159 450 571 Assignment of a Lease in trust 10 138 176 Atturney Letter of Atturney 33 144 147.199 200 Another 34 146 148 149 201 203 204 319 341 Award the form thereof 34 172 584 587 Assignment of two several Obligations 52 Assignment of two Apprentices c. 53 Assignment of a Lease of Partition c. 57 Assignment of a wharf-stocke c. with a general Release c. 61 Assignment of a Lease c. with an Execution 62 67 134 491 Assignment with a Proviso 96 Assignment of Lands taken upon extent 98 Apprentiship Indenture thereof 119 Assignment of a moyety of a house goods c. 136 Assignment of an Annuity 140 175 Apprentice discharge of him 144 Arbitrement condition of a bond thereof 153 160 Apprentice covenant for his truth 153 Annuity released 330. Atturney Letters of Atturney several kindes thereof 342 343 344 345 346 347 369 386 Assignment letter of Atturney of several bonds 381 Answer in Chancery beginning end thereof 425 Title of a Second answer c. 427 Affidavit that a Defendant cannot answer without sight of writings 429 Administrators account the form thereof 430 Answer in Chancery to a bill there-exhibit 431 Articles of agreement form thereof 439 454 561 Acquittance for purchase money 501 Attornment of tenants indorsing thereof ibid. Assignments of several Leases with good Covenants 536 Articles for buildings 557 Articles to Surrender Copyhold lands c. 565 Assignment of a bond for collaterall Security 570 Articles to hold Coyhold lands from year to years c. 574 Allotment of several parcels of Land an Indenture to that purpose 632 Atturney Letter of atturney Irrevocable with covenant c. 650 Another of another kind 651 Of a mans Estate in generall 652 Of severall Sums of money 653 Assignment of certain debts 654 B BIll of Sale 17 170 Bond assignment thereof 41 Bargayne and Sale of a Mannor with necessary Covenants 102 120 Bargayn and Sale of a house in London 130 Bill of Debt 163 489 654 Bill obligatory 164 Bargaine and Sale of houshold-stuffe and others 170 171 Bargaine and Sale of trees 208 Bargaine and Sale absolute of a house Land 214 607 609 Brewers Clarke a condition for him 225 Bargaine and Sale of woods 320 618 619 Burgess to serve in Parl. Indenture 357 Bills in Chancery Several formes thereof 420 433 Bill of Revivor 424 Bargaine and Sale deed to revoke it 442 Bargaine and Sale for collaterall Security 483 Bargaine and Sale upon Surrender of a Lease 511 Bargaine and Sale in trust 523 A plain Bargaine and Sale to be enrolled 556 Bargaine and Sale from the mortgages and mortgager to another before time of redemption 593 Bargaine and Sale conditionall to Feoffees in trust 599 Bargaine Sale of Swan and Swan-mark 617 C Condition to pay a Summe of Money at two payments c. 32 179 Condition to make Free an Apprentice 33 Condition to pay Money in 14 dayes c. 56 160 Condition to yay Money to Children at their several Ages according to a Will c. 59 60 Condition to pay Rent quarterly c. 87 158 188 192 332 549 Covenant to deliver possession or a deed 95 185 300 Contract of matrimony revoked 97 Charter-party for a ships voyage 100 395 Conveyance in Fee of a house and land c. 125 Copyhold Covenant to Surrender it 151 156 199 332 Covenant for further assurance 151 154 158 Covenant that he is lawfully seized c. 152 Covenant not to cut down or Sell trees c. 152 Condition of a Bond of Arbitrement 153 160 Condition to find one dyet by the year 155 Condition to save a tenant harmless for payment of rent the title being in controversy 155 547 Condition to discharge Churchwardens of a child c. 156 Condition for quiet enjoyment c. 157 187 188 327 Condition to Save harmless c. 161 183 190 193 196 197 198 Condition to pay money upon a nonsuit 162 Condition to perform Covenants 162 180 298 Condition to deliver Hay or Oats at a day 179 Condition to stand to an Award c. 180 Condition not to demise or alien without consent 181 Condition to justifie actions c. 182 Condition to pay money yearly c. 183 185 Condition to seal an Indenture by a day 184 Condition to assign a Lease c. by a day 186 302 Condition not to do any act to prejudice the estate of the Obligee in a Lease c. 187 Condition from a husband to secure childrens estates 189 Condition for an hired Servants truth 191 Condition to pay money at the end of an Apprentiship 194 Condition to repay money upon dislike c. 195 Condition to build a house or Farm ibid. 299 Conveyance of Land upon marriage 218 Condition that Land is free from incumbrances 224 Condition for a Brewers Clerk 225 Covenant to seal a new Lease and the Lessee in the interim to enjoy 236 Covenant to pay the Sheriff for an Arrest 238 Covenants between Partners at the dissolution of their Partnership 238 Conveyance from tenant in tayle to Baron and Feme and the heirs of the Baron for ever
245 Condition to pay money weekly 297 Condition to pay money in 3 years 298 Condition collaterall 299 Condition to pay money at ones returne from Sea 301 Condition to deliver wooll 302 Condition to renew a Lease when the Lessor comes to full age 303 Condition to gather Rents and give account thereof 304 305 Condition to bring an Inventory into the Prerogative Court by a day 307 Condition to assure mortgaged lands upon defect of redemption 308 Condition to acknowledg a Statute by a day 309 Condition not to meddle with an Executorship c. 310 Condition to procure a release and save harmless 311 312 337 Condition to release Dower 313 Condition that a man will suffer his wife to make a Will 313 385 Condition to marry one by a day c. 314 Condition to be a true Prisoner ibid. Condition to save harmless c. 315 333 338 502 Condition of a Factor to serve his Merchant c. ibid. Condition to pay use for Orphanage or Legacy-money 316 Condition for executing a Gaolership 317 339 Condition to reassure lands 318 Condition to find an Apprentice clothes 323 Condition not to be bound for any one 324 Condition to surrender land or pay money 325 Condition to keep the Peace ibid. Condition to pay money c. 326 327 Condition to recover a debt c. ibid. Condition to enjoy lands for non-payment of money 329 Condition upon an Attachment 331 Condition about payment of purchase-money 334 Copyhold lands demise thereof 358 Conditions of several kinds 383 384 647 648 649 Constables Articles to be observed by them 391 Condition to Replevy goods 438 Conveyance of land by 3. Co-heirs and their husbands 507 Covenant to deliver Evidences by such a time 525 Covenant to settle lands for natural affection 534 Condition of a Counter-bond 535 Condition to save harmless 581 582 D. DEed to justifie Actions upon setting over a Statute 30 Dower release thereof 45 Demise of divers lands c. paying a pepper corn yearly 108 Defeasance upon a Bond sued to Judgment 115 167 Defeasance to make void Statutes c. 123 Debt bill thereof 163 Defeasance upon a Statute 167 416 550 Defeasance upon a Mortgage 168 Deed of Settlement to several uses and in default c. as by Will or other writing shall be appointed 293 Debts assignment thereof c. 370 Declaration by a wife of the disposal of a sum of money according to a power reserved c. 375 Discharge to the Sheriff 388 Debts Conveyance for payment of debts 410 Demurrer and Plea form thereof 425 Deputation to a Bayliff or Receiver 644 Disease condition to cure it or repay the money 646 E. EXtent a grant thereof 40 Executor discharged from an Orphans portion in London c. 190 Executors covenant to discharge them from payment of Legacies to Nonage 192 Executors bound to diligence in executing a Will and to account 194 Extent assignment thereof 322 Executors Covenants between them 503 Executor condition to save him harmless 548 F. FIne Covenant to levy it 150 162 185 276 Fine uses thereof declared by Deed 269 Forma Pauperis certificate affidavit and Petition or the same 426 427 Feoffment with a Letter of Atturney 462 Fine uses thereof well declared 526 G. GRant of the reversion of certain Lands 22 Gift Deed of Gift 44 234 235 Goods in a Ship transport thereof 232 Observations upon a Deed of Gift 236 Grant of Lands in Fee in consideration of money and other Lands in exchange 551 Grant of the next Donation of a Benefice 655 H. DEed to save Harmless 6 I. JUdgment assignment thereof with a Letter of Atturney therein 12 139 173 Joynture an assurance thereof to a wife with remainder in tail 47 A Joynture with divers limitations and a Proviso for Revocation 76 Indenture to lead the use of a Fine 107 Indenture of redemise c. with Proviso c. 110 Joynture to the wife before marriage 128 220 Judgment condition to acknowledg satisfaction thereon 154 Joynture a deed thereof with uses 227 Inheritance conveyed by Deed c. 265 Indenture for equal division of goods c. 414 640 Indenture in lieu of Joynture 505 Indenture of Settlement well penn'd 541 L. LEase with extraordinary Covenants 4 Lease of a house and lands made in consideration of a sum the Fee-simple being in the Lessor 8 Letter of Atturney to receive one single debt 33 144 Lease in consideration of the surrender of a former with good Covenants 35 Lease of Tythes 43 Lease of a Fee-Farm c. with necessary Covenants 49 Letter of Atturney to enter upon lands and deliver a lease 55 56 145 202 Lease of divers lands c. with covenant to pay Heriots c. 71 Lease of lands by way of mortgage 92 Lease of a house in London 112 Lease to try a Title 129 387 Lease of a house and lands in the Country 209 Lease of a Warren of Conies 354 Licence to Hawk Hunt and Fish ibid. Lease of Cole-Mines 355 Letters of Licence 356 371 373 458 Lease of goods levied by the Sheriff 360 Lease of lands in Barbadoes 361 Lease from a Company 363 Lease from a Parson and Church-wardens with a Covenant for building c. 364 Lease from a Town or Corporation 365 Lease for 3. lives with Letter of Atturney c. 367 519 Livery of Seisin Memorandum thereof 413 490 Lease of a Mill 434 Lease for a year 452 Lease of a side of a Shop c. 459 Lease in trust 493 495 Lease of Lands with Exception of Woods 514 Lease forfeited upon a Mortgage assignment thereof 517 Lease to be void on payment of c. 583 Lease of a Ferry 588 Lease to three whereby every one is to pay bear and receive equally 641 M. MOrtgage assignment thereof 14 Mortgage for indempnity of Sureties 15 Maâ—â—mony pretended contract thereof revoked 97 Mortgage of Lands upon money c. 101 Marriage condition concerning it 163 Mortgage confirmation thereof 469 Marriage Lands setled to uses thereon and a fine levied to those uses 471 473 Mortgage deed thereof 476 Mannor Conveyance thereof 479 Marriage Indenture to stand seised to uses in consideration thereof 567 N NOnsuit condition to pay money thereon 162 O OBligations Assignment of two Severall ones 52 Obligation covenant to deliver it 185 Covenant to discharge it by a day 328 Obligation single from one to one 437 From two to one ibid. From three to one 438 Obligation and Condition from a bayliff and his Suretyes to a High-Sheriff 578 P PRoviso to make a demise void and a Covenant to grant a a new Lease 54 Partition Indentures thereof 116 389 639 Protection in Parliament time 172 Protection revoked 208 Partition of debts between partners 24â— Partnership deed thereof between four Merchants 398 Plea and Demurrer 425 Forma pauperis Certificate and affidavit thereof 426 Presentation of a Minister to a Living 446 Parsonage a Lease thereof 447 461 462 Park Keepership thereof granted 643 R
Administrators or Assigns for the repairing and amending thereof And further that the said N. D. his Executors Administrators or Assigns or some of them shall and will within one moneth next ensuing every such admonition or warning left or given as aforesaid well and sufficiently repair and amend the same and shall also discharge and pay all Church-duties Scavengers-wages Watchings Wardings and all other Taxes Impositions Duties and Charges which shall or may at any time or times hereafter during the said term be charged or imposed upon him the said N. D. his Executors Administrators or Assigns for or by reason of the premises hereby demised or any part thereof And lastly the said R. R. for himself his Executors c. that he the said N. D. his Executors Administrators and Assigns and every of them for by and under the payment of the yearly Rent aforesaid above in and by these presents reserved and under the Covenants Grants Articles and Agreements in these presents contained shall and may for and during all the said term of c. by these presents granted lawfully peaceably and quietly have hold use occupy possess and enjoy the said Messuage or Tenement and all and singular other the premises with the appurtenances by these presents demised or mentioned to be demised and every part and parcel thereof without any manner of lawful let suit trouble disturbance or eviction of the said R. R. his Heirs or Assigns or of any other person or persons whatsoever by or through his means assent consent right title or procurement In witness whereof c. A Defeizance upon a Bond sued to a Judgment THis Indenture made the c. between W. R. of c. on the one part and J. P. and G. A. of c. on the other part Witnesseth That whereas the said J. and G. together with one E. A. of c. by one Obligation bearing date c. became joyntly and severally bounden unto the said W. R. in the sum of c. with condition thereupon made for the payment of c. as by the same Obligation and Condition thereof at large appeareth which said sum of c. or any part thereof or any thing in lieu of the same was not paid unto the said W. R. in the said Obligation named nor at any time before or sithence By means whereof the said Obligation became forfeited and whereas the said W. R. hath brought several Actions of Debt in the Kings Majesties Court of Common-Pleas at Westminster upon the said Obligation against the said J. P. and G. A. upon which said Actions several Judgments are had and obtained in the said Court yet nevertheless the said W. R. is contented and pleased and doth covenant that neither he the said W. R. his Executors Administrators or Assigns or any of them shall at any time before Not to take out execution until c. c. take out any Execution or Executions upon the said Judgments or either of them And further the said W. R. doth c. that if the said J. P. and A. G. or either of them c. do pay c. That then he the said W. R. his Executors or Administrators shall upon request made To acknowledge satisfaction on paâ—ment of the c. and at the Charges of the said J. P. and G. A. c. acknowledge satisfaction upon Record of and for the said several Judgments And shall also deliver unto them the said c. the said Obligation to be cancelled And the said J. P. and G. A. to be thereof and of the said several Judgments discharged In witness c. An Indenture of Partition where one had a greater share than the other for which a sum was paid c. THis Indenture made c. between J. H. c. on the one part and J. M. c. on the other part Witnesseth That the said J. H. and J. M. are and do now stand seized in their Demeasn as of Fee in Common and undivided of and in one Messuage or Tenement and one yard-Yard-land thereunto belonging now or late in the Tenure of c. scituate c. It is now to the end a perpetual portion and division shall be had and made between the said Parties of and in the said c. and other the premises aforesaid covenanted concluded and agreed by and between the said Parties to these presents in manner and form following And first the said J. H. for himself c. that he the said J. M. his Heirs and Assigns shall from henceforth have hold and peaceably enjoy in severalty to him and to his Heirs for ever to his and their own proper use and behoof the one moyety or half-part of the said Messuage or Tenement and one Yard-land with the appurtenances that is to say c. And that he the said J. H. nor his Heirs shall from henceforth claim or demand any Right Title Use or Possession in or to the same or any part thereof but that the said J. H. and his Heirs and Assigns shall at all time and times hereafter from all Actions Rights Title and Demand thereof or thereunto be utterly excluded and for ever debarred by these presents And the said J. M. for himself c. that he the said J. H. his Heirs and Assigns shall from thenceforth have hold and peaceably enjoy in severalty to him the said J. H. his Heirs and Assigns for ever to his and their own proper use and behoof the other moyety or half-part of the said Messuage c. and that he the said J. M. nor his Heirs shall not from henceforth claim c. ut supra and in consideration of the said portions and forasmuch as the part and portion by these presents allotted and assigned to the said J. H. and his Heirs were at the ensealing hereof of more and greater value than the said part or portion before allotted and assigned to the said J. M. and his Heirs he the said J. H. hath at the ensealing and delivery of these presents well and truly paid to the said J. M. the sum of c. the receipt whereof the said J M. doth hereby acknowledge and thereof and of every part thereof doth acquit exonerate and for ever discharge the said J. H. c. by these presents In witness whereof c. A Grant of Rent reserved by Lease THis Indenture made the c. between W. B. of c. and A. P. of c. Witnesseth That whereas the said W. B. by his Indenture of Lease bearing date the c. reciting the Lease as in and by the same recited Indenture of Lease c. Now this Inderture further witnesseth That the said W. B. for and in consideration of a certain competent sum of c. Hath demised granted bargained and to farm-letten and by these presents doth demise grant and to farm-let unto the said A. B. the reversion and râ—mainder of the said Shop Ware-house Chambers and other the premises by
and every of them doth covenant promise and grant to and with the said A. B. and J. G. and either of them and the Executors c. of them and either of them by these presents that he the said R. L. his Heirs and Assigns shall and will from and after the Feast of Saint Bartholomew the Apostle and from and after the said Marriage so had and solemnized stand and be seized of and in all that the Site or Seat of the Rectory or Parsonage of East-Church and of and in all Houses and Buildings thereupon built standing or being And of and in one Field or Close of Pasture with the appurtenances thereunto adjoyning containing together with the said Scite of the said Rectory by estimation forty acres be it more or less And of and in a parcel of Ground called Harleys Spring containing by estimation one acre c. And of and in one Meadow containing by estimation forty acres be it more or less And of and in one piece of Ground called Reeds Meadow containing by estimation nine and twenty acres be it more or less And of and in one Field called Frogs-Field containing by estimation two and fifty acres be it more or less And of and in one parcel of Land called Parsonage Hill-field containing by estimation 37 acres be it more or less And of and in all those Lands Closes Meadows Feedings and Pastures called or known by the name or names of Stone-pit and Stone-pike containing in the whole by estimation four hundred acres be they more or less And of and in one other piece of Land called Bercon-field containing by estimation twenty nine acres be it more or less And of and in one Cottage with one Rood of Land thereunto belonging or occupied with the same in which Cottage or House one R. D. did lately dwell All which premises are scituate lying and being in E. aforesaid and now are in the occupation of c. and of and in all other the Lands Tenements Rents Reversions Services and Hereditaments of the said R. L. in the said Parish of E. in the said County of K. to the onely use and behoof of the said R. L. and the said A. and of the Heirs and Assigns of the said R. L. for ever for the Joynture of the said A. if the said A. shall happen to survive and over-live the said R. L. And the said R. L. doth covenant and grant for himself his Heirs Executors Administrators and Assigns by these presents to and with the said A. B. and J. G. and either of them and the Heirs Executors and Administrators of them and either of them in manner and form following That is to say That he the said R. L. his Heirs Executors Administrators or Assigns shall and will at all time and times hereafter and from time to time sufficiently save and keep harmless and indempnified the said Site Lands Tenements and Hereditaments and all other the premises and every part and parcel thereof of and from all former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances c. and of and from all other Charges Troubles and Incumbrances whatsoever had made committed or done by the said R. L. or by any other person or persons whatsoever by his means title consent or procurement the Rents and Services from thenceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises only excepted and fore-prized and that the said Site Lands Tenements and other the premises now be of the clear yearly value of 200 l. over and above all charges and reprizes And further that the said R. L. and all and every other person and persons and his and their Heirs lawfully having claiming or rightfully pretending to have any Estate Right Title or Interest of in or to the said Scite Lands Tenements and all other the premises or any part or parcel thereof by or from the said R. L. shall and will from time to time and at all times hereafter during the space of two years next ensuing the date hereof further do make acknowledge and execute all and every such other reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever as by the said A. B. and J. G. or either of them or the Executors or Assigns of either of them or their or any of their Council learned in the Law shall be reasonably devised or advised and at the costs and charges of the said R. L. his Heirs Executors or Administrators for the better and more perfect assuring and making sure of all and singular the premises to the said A. for term of her life only in form aforesaid so that there be not any other or further warranty therein comprised than only against the said R. L. and his Heirs And further it is covenanted granted and agreed by and between the said Parties to these presents and the said R. L. doth covenant c. to and with c. that all Feoffments Fines Conveyances and Assurances to be had made knowledged done suffered or executed by the said R. L. during the life of the said A. H. shall be to the uses intents and purposes aforesaid and to none other c. And further that she the said A. from and after the decease of the said R. L. during her natural life shall or may have hold and quietly enjoy the said Lands Tenements Rents Reversions Services and all other the premises without any lawful let suit trouble eviction interruption or disturbance of the Heirs and Assigns of the said R. L. or of any other person or persons whatsoever lawfully claiming by from or under the said R. L. his c. And further it is covenanted c. by and between the c. and the said R. L. doth covenant c. in manner c. that he the said R. L. his Heirs Executors or Administrators shall not at any time or times hereafter inter-meddle with have receive or take the portion or portions legacy or legacies sum or sums of money pertaining or belonging given and bequeathed due or to be due to W. H. T. H. and J. H. the Children of the said c or any of them or with the increase and profits thereof or by reason of the same arising coming or growing or that shall hereafter arise come or grow of the same or any part or parcel of the same increase other than such parcel thereof as by covenant hereafter in these presents expressed is yearly to be paid unto the said R. L. or his Assigns for and towards the charges of bringing up the said Children but shall permit and suffer the said J. G. to have the ordering and disposing of the said increase and profits coming of the portions aforesaid for the benefit of the said Children by the appointment of the said A. and that he the said R. L. shall upon reasonable request deliver or cause to be delivered
and Premises with the appurtenances of a good lawful and sufficient Estate of Inheritance in Fee-tail expectant upon the death of the said Mary Vaughan and at the time of the ensealing and delivery hereof hath and until as aforesaid shall have full power good right and lawful authority to convey settle and assure the premises to and upon the said T. S. his Heirs and Assigns for ever in form aforesaid according to the true intent and meaning of these presents and also that all and singular the said Capital Messuage or Mansion-house and other the premises before herein mentioned or intended to be conveyed setled or assured as aforesaid 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 be remain and continue unto the said T. S. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by him the said T. M. party to these presents his Heirs Executors or Administrators well and sufficiently saved and kept harmless of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Estates Joyntures Dowers Wills Covenants Entails Statute-Merchant and of the Staple Recognizances Judgments Executions Extents Debts to the Common-wealth Debts of Record and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed or suffered to be done by them the said T. M. and the said E. M. his Father and T. M. his Grandfather or any of them or by any other person or persons whatsoever the said Leases therein before mentioned to be excepted and either of them and the said Estate for life of the said M. V. and the Fee-farm rent of 16 sh issuing or yearly due and payable out of or for the said premises to the Mayor and Commonalty of the said City of B. only excepted and fore-prized and the said T. M. for himself his Heirs Executors and Administrators doth further covenant and grant to and with the said T. S. his Heirs and Assigns by these presents that he the said T. S. his Heirs and Assigns and his and their Farmers and Tenants shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold use occupy possess and enjoy all and singular the said Capital Messuage Mansion-house and Premises before mentioned or intended to be conveyed setled or assured and every part and parcel hereof with the appurtenances and take receive and enjoy the Rents Issues and Profits thereof to his and their own use without any let interruption disturbance or incumbrance of or by him the said T. M. or his Heirs or of or by any other person or persons whatsoever claiming or to claim or having or pretending to have any lawful Estate Right Title interest or thing of in to or out of the premises or any part thereof except such as shall or may claim for by or under the Leases Estates and Rents before herein excepted or any of them And further that he the said T. M. and his Heirs and all and every other person and persons that shall or may claim from by or under him 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 T. S. his Heirs or Assigns make do suffer execute and acknowledge or cause to be made done suffered executed and acknowledged all and every such further and other reasonable and lawful acts things and assurances in the Law whatsoever for the further and better assuring sure-making setling and conveying to the said T. S. his Heirs and Assigns of all and singular the said Capital Messuage or Mansion-house and Premises before hereby mentioned or intended to be hereby setled conveyed or assured and every part and parcel thereof by such wayes and means in the Law as by him the said T. S. his Heirs or Assigns or by his or their Council learned in the Law shall be in that behalf reasonably devised or advised and required so as for the doing thereof the said T. M. and such others as are or ought to make such further assurance by force of these Covenants be not compelled or compellable to travel above Fifty Miles from the place of his or their respective dwelling or abode at the time of such request to be made and it is declared to be the true intent and meaning of these presents and of all the Parties to the same that all Fines Feoffments Recoveries Conveyances and Assurances at any time hereafter to be had levied suffered executed or acknowledged by or between the said Parties hereunto or any of them or any other person or persons whatsoever of the said Capital Messuage or Mansion-house and Premises before mentioned or any part thereof either alone by it self or together with any other Lands Tenements or Hereditaments shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said T. S. and of his Heirs and Assigns for ever and to none other use intent or purpose and the said J. V. and Mary his wife and J. M. party to these presents for the considerations aforesaid have granted bargained and sold and by these presents do grant bargain and sell to the said T. S. and his Heirs all and every the Deeds Charters Evidences Writings Counterparts of Leases Escripts and Minuments which do touch or concern the said Messuage and Tenement or any part or parts thereof all which or as many of them as now are or be in the hands or possession of the said J. V. and M. his wife or either of them or any other person or persons to his her or their own use or by his or her delivery or in the hands or possession of the said T. M. party to these presents or of any other person or persons to his or by his delivery the said J. V. for himself his Executors and Administrators respectively and the said T. M. for him his Heirs Executors and Administrators do severally and respectively covenant and agree to deliver or cause to be delivered uncancelled and undefaced or in as good condition and plight as now the same are unto the said T. S. his Heirs or Assigns before the Feast-day of the Birth of our Lord God next ensuing the date hereof In witness whereof all the said Parties to every part of this Indenture Quadripartite have put their Hands and Seals c. William King being seized of Lands and c. in fee-Fee-tail with remainders dieth having Issue three Daughters who as Co-heirs enter Now S. N. and Hest his Wife one of the Co-heirs for the better
presents remise release and quit-claim all Errors Writ and Writs of Error cause and causes of Error Misprisions and Mis-entries and Demands which they the said S. H. or either of them their or either of their heirs have or hereafter may or ought to have for or by reason of any Errors Imprision Mis-entry Erroneous obtaining or prosecution of the said Writ of Entry and Judgments aforesaid or any of them or other matter or thing whatsoever in or about or any way touching or concerning the said recovery or any the proceeding or prosecution thereof And the said S. N. for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said J. F. his Heirs and Assigns and to and with every of them by these presents that he the said S. N. and H. his Wife at the time of the ensealing and delivery of the said recited Deed made to the said T. Y. and before mentioned to be enrolled as aforesaid were lawfully and rightfully seized in the right of the said H. of and in one full third part the whole in three equal parts to be divided of all and singular the Tenement Lands and Premises before herein mentioned in Fee-simple or fee-Fee-tail and at the time of the ensealing the said Deed as aforesaid had full power good right and lawful authority to grant convey settle and assure the said third part in manner and form aforesaid according to the true intent and meaning of these presents and also that the said third part of the said Tenement Land and Premises before herein mentioned or intended to be conveyed setled or assured to the said J. F. as aforesaid now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the said J. F. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by them the said S. N. and Hester their Executors or Administrators well and sufficiently saved and kept harmless of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Estates Joyntures Dowers Wills Covenants Entails Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Debts to the Common-wealth Sequestrations Debts of Record Fines Issues Amerciaments and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed or suffered to be done by the said S. N. and Hester William King the younger and William King the elder Father and Grand-father of the said H. K. or any of them or by any other person or persons whatsoever claiming or to claim from by or under them or any of them and the said S. N. for himself his Heirs Executors and Administrators and every of them doth further covenant promise and grant to and with the said I. F. his Heirs and Assigns and every of them by these presents that he said I. F. his Heirs and Assigns and his and their Farmers and Tenants shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold use occupy possess and enjoy one whole third part of all and singular the Tenements Lands and Premises before mentioned and take receive and enjoy the Rents Issues and Profits thereof to his and their own use without any let interruption challenge claim disturbance or incumbrance of or by them the said S. N. and Hester or either of them their or either of their Heirs c. or of or by any other person or persons whatsoever lawfully claiming or having or pretending to have any lawful estate right title interest or thing of in to or out of the said granted third part from by or under the said Hester and he the said Father and Grand-father or any of them And further that the said S. For better assurance N. and Hester his Wise and the Heirs of the said Hester 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 I. F. his Heirs and Assigns make do suffer execute and acknowledge or cause to be made done suffered executed and acknowledged all and every such reasonable and lawful acts thing and assurances in the Law whatsoever for the further and better setling assuring sure-making and conveying to the said J. F. his Heirs and Assigns for ever according to the true intent and meaning of these presents the said third part before hereby mentioned or intended to be conveyed and assured of and in the Tenements Lands and Premises aforesaid by such wayes and means in the Law as by him the said J. F. his Heirs or Assigns or by his or their Council learned in the Law shall be in that behalf reasonably devised or advised and required for the making whereof the said S. N. or Hester shall not be compelled to travel above twenty miles from the place of his her or their dwelling or abode at the time of such request to be made nor to enter into any further or more general warranty or acquital than is herein comprized and the said S. N. and H. his wife for the considerations aforesaid have granted bargained and sold and by c. to the said J. F. his Heirs and Assigns all Deeds Charters Writings and Evidences which do touch or concern the premises aforesaid or any part thereof and all the Right Title and Demand of them the said S. and H. of in and to all and every or any the same Deeds Evidences and Writings In witness whereof all the said Parties have to each part of this Indenture Tripartite c. W. B. being possessed of Lands c. for a term of years the Inheritance of which Lands in Fee-simple were conveyed to R. R. and W. B. in trust to be disposed of as W. B. and his wife shall appoint contracts with W. for sale the assurance advised thus That for keeping on foot the term and preventing Incumbrances the term should be granted to W. D. himself and the Inheritance to W. D. his Son the Inheritance is conveyed to the Son as followeth THis Indenture c. between W. B. of c. R. R. and W.K. of c. of the one part and W. D. and W. D. of c. witnesseth That for and in consideration of the sum of c. to the said W. B. by the said W. D. the elder before the ensealing hereof paid as well for certain terms and interests by the said W. B. to him the said W. D. already made and granted of the parcels of Land herein after granted as for the Inheritance thereof hereby intended to be granted and conveyed the said R. R. and W. K. at the
manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Statutes Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of Rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said J. B. or by the said W. B. or by any other person or persons whatsoever except the Estate of the said E. M. for her life and except the Rents and Services from henceforth to be due payable to the Chief Lord or Lords of the Fee or Fees of the premises and also the said I. B. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said B. M. his Heirs or Assigns shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly have hold and enjoy the said premises and every part thereof without any let interruption challenge claim disturbance or incumbrance of or by him the said I. B. or his Heirs and without any lawful let interruption challenge claim disturbance or incumbrance of or by any other person or persons except such as shall or may claim by or under the right or title of the said E. M. or for the Rents and Services aforesaid And further that he the said I. B. and his Heirs and every other person or persons lawfully claiming or to claim any manner of lawful estate right title or interest in or to the premises except 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 B. M. his Heirs or Assigns make do and execute all and every such further acts and things for the further and better assuring of the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever as by him the said B. M. his Heirs or Assigns or by his or their Council c. so as for the doing thereof c. a Bargain and Sale of Deeds c. In witness c. Note B. M. demised the Lands to A. and B. Habend forty years if the Coverture between him and E. his wife so long continue on trust to suffer him to enjoy and make such Grants as he shall appoint Nota. B. M. surrendereth to I. B. the premises Habend to him and his Heirs provided if I. B. or his Assigns pay not 200 l. before Midsummer next c. to be void B. M. to enjoy the premises in the mean time P. H. purchaseth Lands of W. H. Uxor other Lands he holds in Right of I. his wife to whom the same were devised by R. I. her Brother in Fee-simple the Brother and Heir of the Devisor intendeth to settle other Lands which came to him by Descent on the said P. and I. in tail Now for the setling as well the Lands purchased of H. as all the rest a Fine is levied by W. H. Uxor I. I. Heir to the Devisor Uxor and the said P. Uxor and T. P. and I. C. The uses whereof are declared by the Deed following THis Indenture Tripartite c. between W. H. of c. and M. his Wife T. I. of c. Brother and Heir of R. I. late of c. deceased who was Son and Heir of I. I. late of c. deceased begotten on the Body of I. his Wife Daughter of T. P. of c. deceased and A. the Wife of the said T. I. of the first part P. H. and I. his Wife of the second part and T. P. and I. C. of c. of the third part witnesseth That whereas the said W. H. by his Deed indented bearing date April 18. in the sixteenth year of c. for the consideration therein expressed did grant bargain sell and convey to the said P. H. his Heirs and Assigns for ever two several Messuages or Tenements with the Garden and appurtenances thereunto belonging scituate and being c. and then and yet in the several holding of c. and also three several holdings of c. and also three several Messuages or Tenements with a Garden or Out-ground on the back part thereof and to the same three Tenements or some of them belonging or appertaining scituate and being c. and then and yet in the several Tenures or Occupation of c. as in and by the same Deed indented more at large appeareth and whereas also the said R. I. being in his life-time lawfully seized in Fee-tail of and in all the Messuages Lands Tenements and Hereditaments hereafter mentioned that is to say all that great Messuage or Tenement wherein c. scituate and being c. and also two other Messuages or Tenements c. and also three Gardens c. and in his life-time viz. in the Term of Easter in the sixteenth year of c. acknowledge and levy to the said P. H. and T. P. one Fine sur conuzance de droit come ceo c. which was sued out with Proclamation according to the form of the Statute in that case made and provided before the then Justices of the Court of Common-Pleas at Westminster of all the said Messuage Lands Tenements and Premises by the names of nine Messuages and four Gardens with the appurtenances in c. as by the said Fine remaining of Record in the said Court more at large may appear Which said Fine was levyed to the intent and purpose to make the said R. I. Tenant of all the said premises in Fee-simple as by Indentures to that purpose made bearing date April 20. in the said sixteenth year of c. made between the said R. I. of the one part and the said T. P. and P. H. of the other part more at large it doth and may appear and whereas the said R. I. after the levying of the said Fine that is to say April 25. in the seventeenth year c. by the last Will and Testament in writing bearing date the day and year last mentioned did give and devise in these words viz. I give and bequeath all that Tenement c. unto Joan H. my Sister Wife of Peter H. and to her Heirs and Assigns for ever and also in another place of the said Will gave and devised in these words viz. Item I give to my Sister J. H. and to her Heirs and Assigns for ever my House Lodge and Orchard with the appurtenances lying and being c. as by the said Will and Testament may appear and whereas the said Richard Joanes afterwards died leaving all the residue of the said Messuages Lands Tenements and Premises to descend and come to the said T. I. as Brother and Heir of the said R. I. witnesseth now
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
with all the rights members and appurtenances whatsoever thereunto belonging And that you fully accomplish and fulfill all other the several acts and things which your office obligeth you to perform herein Witness my hand and seal the c. A deed of feoffment with a Letter of Attorney to give livery and seisin TO all to whom these presents shall come S. W of c. sendeth greeting Know ye that the said S.W. for and in consideration of the sum of 5 s. of lawful money of England to them in hand paid by S.M. and C.D. of c. whereof the said S.W. doth hereby acknowledge the receipt and of the sum of 5000 l. of lawful money paid and secured to be paid unto and for the use of the said S.W. his Executors or Assigns have granted enfeoffed and confirmed and do by these presents grant enfeoff confirm unto the said S.M. C D. their Heirs and Assigns all those Lands Tenements and Hereditaments with their and every of their appurtenances commonly called or known by the names of R. and G. containing by estimation 600 acres be the same more or less scituate lying and being in the Towns Parishes Villages and Hamlets of T. and M. in the said County of K. or one of them together with all other lands tenements and hereditaments heretofore of S. W. deceased and late of S. W. Dr. in Divinity thaâ— are scituate lying and being in the Towns Villages and Hamlets of T. and M. aforesaid or either of them and also the reversion and reversions remainder and remainders of the said lands tenements and premisses and every part thereof and also all the estate right title interest clame and demand whatsoever of the said S. W. of in and to the same and every part thereof to have and to hold the said Lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the only use and behoof of them the said S.M. and C.D. their Heirs and Assigns for ever and the said S.W. doth by these presents make Constitute Ordain Authorize and Appoint F. L. of c. in the said County of c. and G.M. of c. in the said County of c. their true and lawful Atturneys for them and in their names and stead joyntly or severally to enter into the said lands tenements and premisses or into some part thereof in the name of the whole and possession thereof for them and in their names and stead to take and after such possession so thereof had and taken for them and in their names and stead to deliver full and peaceable possession and seisin of the said lands tenements and premisses with the appurtenances or of some part thereof in the name of the whole to the said S.M. and C.D. or one of them or to their lawful Attorney according to the form of these presents ratifying confirming and allowing all and whatsoever their said Attorneys or either of them shall do in the premisses by vertue of these presents In Witness whereof the said S.W. to these presents his hand and seal hath set the c. day of c. in the year c. An Indenture to bar an Estate-tail THis Indenture made the seventh day of October in the 11th year of the Reign of our Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Between T.B. of W. in the County of B. Yeoman on the one part and T.M. of H. in the said County Yeoman and H.H. of H. aforesaid in the said County Yeoman on the other part Whereas T.B. deceased Grandfather of the said T.B. party to these presents Recital of a Will by his last Will and Testament in writing amongst other things therein contained did give and devise unto J B. also deceased father of the said T.B. party to these presents and to the Heirs male of his body with remainders over all that his Messuage or Tenement with the appurtenances scituate and being in W. in the said County of B. and all that his Close adjoyning to the said messuage or tenement and all that acre of Meadow-ground called the long Hale lying in W. Meade and three yards of Meadow called the Elboes in the said Parish of W. and half his arable Lands Leyes and Meadow-ground lying and being in the Parish and Fields of W. aforesaid and R. or one of them with their and every of their appurtenances in the said County of B. as by the said last Will it doth and may appear and which premisses do contain a Messuage with the appurtenances and one Yard-land by estimation be it more or less And whereas the said T. B. the Grand-father shortly after making the said Will dyed the said J. B. his Son him surviving after which time the said J.B. having issue the said T.B. party to these presents his eldest Son and Heir male and the said J. B. being since also dead by and after whose decease the said T.B. party to these presents now is in actual possession of the said Messuage or Tenement Closes Lands Meadowes and Premisses with the Remainders over as aforesaid Now this Indenture witnesseth That the said T. B. party to these presents To cut off the estate taile intending as well to cut off the said estate tail and to barre the Remainders thereon depending and to settle the said Messuage or Tenement Close Lands Meadowes and Premisses to him the said T.P. party to these presents and his heirs as also to barre all pretences of right that futurely may or can be made unto all and every or any the said Messuages Lands Meadowes and Premisses so given to the said J.B. his Father and since come unto him the said T. B. party to these presents for that purpose Covenant to levy a Fine Doth hereby Covenant and Grant for himself his Heirs Executors and Administrators and for every of them to and with the said T.M. his Heirs and Assigns by these presents That he the said T. B. shall and will on and before the Feast of St. Andrew the Apostle now next ensuing the date hereof in due form of Law acknowledge and levy one or more Fine or Fines Sur cognizance de droit come ceo c. before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster unto the said T.M. of and for the said Messuage or Tenement Close and all and every the said Meadows Lands and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six Acres of Meadow six Acres of Pasture and Common of Pasture for all Cattel with the Appurtenances in W. and R. or one of them in the said County of B. or by such other name or names quantity or number of Acres as to the said T. M. or his Council Learned shall seem meet and expedient To the intent that he the said T. M. shall
present Indenture and the Estate hereby granted shall cease determine and be utterly void to all intents and purposes any thing herein contained to the contrary thereof in any wise notwithstanding In witnesse whereof c. A Lease in trust THis Indenture made c. between Sir R. D. of c. on the one part W.D. of c. R. H. and T. S. c. on the other part Witnesseth That the said Sir R. D. for c. setting down the Demise ut supra though of other Lands with the Habendum and Reddendum ut supra Nevertheless upon this special trust and confidence that they the said W.D. R.H. and T.S. their c. shall permit and suffer him the said Sir R.D. and his assigns during his life to hold and enjoy the said Mannor and Premisses and to receive and take the rents issues and profits thereof to his and their own use And also upon this further special trust and confidence that they the said W. D. R. H. and T. S. their c. from and after the decease of the said Sir R. D. shall imploy yearly out of the profits of the said M. and premisses the sum of 50 l. of c. for the Education and bringing up of M. D. Gentleman second Son of the said Sir R.D. for and untill he the said M. shall attain unto the age of nineteen years And also that they the said W.D. R.H. and T. S. their c. from and after the said M. D. shall attain his said age of nineteen years during the residue of the said term shall raise out of the profits of the premisses the sum of 80 l. per annum for and towards the maintenance and for the portion of him the said M.D. And also at the end of the term hereby demised shall and will yield and deliver the rest and residue of all the profits of the premisses by them received or raised unto him the said M.D. or to his issue if any issue of his body be then living And if the said M.D. before his said age shall die without issue that then they the said W.D. R.H. T.S. their c. from and after the decease of the said M.D. without issue as aforesaid shall yield and deliver unto J.D. Esquire eldest son and heir apparent of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be living at such time as the said J.D. shall have accomplished his said age of nineteen years if he had lived all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said Mannor or Premisses and every or any of them And if the said J.D. before the said age of nineteen years shall die without issue that then they the said W.D.R. H. and T.S. their c. from and after the decease of the said J. D. as aforesaid shall yield pay and deliver unto R. D. Gent. youngest son of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be then living all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said M. and premisses and every or any of them Cum eadem potentia revocat pro ut ultim specificat In witness c. A Declaration of Trust with a Declaration of uses by the Truster THis Indenture made c. between A. Lady D. of c. Widow on the one part and Sir I. D Sir I.C. Sir R.L. I.C. I.C. T.L. T.I. W.M. and W.G. of c. seperatim on the other part Whereas the said Sir I.D. I.C. and I C. do stand joyntly seized in Fee with the said A. Lady D. of and in all that the Mannor of L. in the County of L. with the rights members and appurtenances thereof and of all that the Capital Messuage or Mansion-house of L. aforesaid and of all and singular Messuages Lands Tenements Tofts Cottages Mills Meadows Closes Pastures Leasows Commons Waste-grounds Furze Heaths Woods Under-woods Waters Moors Wayes Fishings Court-Leets Views of Frank-pledge Waifs Estrayes Royalties Franchises Rents Reversions Services Profits Commodities Liberties Priviledges and Hereditaments whatsoever to the said Mannor or any part thereof belonging or appertaining or reputed deemed occupied or taken as part parcel or member of the said Mannor of L. aforesaid and of all that Messuage with the appurtenances in L. aforesaid in the possession of W. C. or his assigns as by the conveyance thereof to them made by G. A. Esq it doth and may more fully appear And whereas the said T.L. T.I. and W.G. do also stand joyntly seized to them and their heirs of and in all and all manner of Tithes of what nature condition or quality whatsoever and of all Demises Pensions Portions Oblations Emoluments and Profits whatsoever coming growing renewing arising encreasing issuing or going out of any the Lands Meadows Pastures or Woods in L. in the said County of L. or being parcel of the Demeasnes of the Mannor of L. with their and every of their rights members and appurtenances and of all and singular Glebe-Lands Tenements Profits Commodities Emoluments and Hereditaments whatsoever to the Rectory and Parsonage of L. aforesaid belonging or appertaining lying or being amongst the Demesne-Lands of L. aforesaid and also of all and all manner of Tithes coming growing renewing or increasing in or upon the said Glebe-Lands Tenements and Hereditaments or any of them and of all other the Tithes coming renewing or increasing in L. aforesaid as by the conveyance thereof to them made by W. C. and G. A. it doth and may appear And whereas the said Sir I. C. Sir R. L. and W. M. do stand possessed and interessed for divers years yet enduring of and in all that Pasture-ground containing by estimation one hundred and twenty Acres be it more or less lying in L. in the Parish of S. in the said County of B. called or known by the name of the Nether ground with the Tenement and all other the Edifices and Buildings thereupon standing as by the Lease thereof to them the said Sir I. C. Sir R.L. and W.M. by I.I. and A. his wife dated the nineteenth day of c. it doth and may appear Now these presents witness and it is hereby declared testified and expressed by all the said parties to these presents that all and every the several parties to these presents do stand so seized and interessed of all and every the premisses respectively only in trust for the said A. Lady D. and to her use and that they the said Sir J. D. Sir I. C. Sir R.L. I.B. I.L. T.L. T.I. W.M. and W.G. and every of them and the Heirs and Executors of the Survivor and Survivors of them shall at the requests and costs of the said A. Lady D convey and dispose the premisses and every of them respectively to such person and persons as
and upon the said several Writs of Entry Sur disseisin en le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and Premisses before mentioned and of every part and parcel thereof with the Appurtenances And that full Execution and Seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the execution of the said Recoveries stand and be seized and be adjudged deemed and esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their Appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such Issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth further Covenant promise and grant to and with the Right Honourable E. Lord G. and I.S. their Heirs and Assigns and to and with every of them by these presents in manner and Form following that is to say That he the said C. Lord. S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and Premisses and of every part and parcel thereof with the Appurtenances of a good sure perfect lawful and indefeasible Estate in Fee-simple or in fee-Fee-tail to himself and the heirs of his body without any Reversion or Remainder of the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat determine or make void the same And that he the said Lord S. hath full power good right and lawful and absolute authority in his own proper right by these presents to raise limit and appoint all and every the foresaid several Uses and Estates before mentioned and that all and singular the Premisses and every part and parcel thereof with their and every of their Rights Members and Appurtenances now are and be and so from time to time and at all times for ever hereafter shall and may continue stand remain and be to all and every the several uses intents and purposes before in and by these presents limited expressed appointed and declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended and kept harmlesse of and from all and all manner of former and other Gifts Grants Bargains Sales Leases Estates Joyntures Dowers and Titles of Dowers and of and from all Rents and Arrerages of Rent-Annuities and Arrerages of Annuities Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Fines Forfeitures Issues Amerciaments Intentions Principal Seizins Liveries Wills Entails Limitations of use or uses and of and from all other Titles Troubles Arrerages Charges Claims Demands and Incumbrances And the said C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth likewise further Covenant promise and grant to and with the said E. Lord G. c. their Heirs and Assigns and to and with every of them by these presents That he the said Lord S. and his Heirs shall and will from time to time and at all times hereafter within the space of seven years next ensuing the date of these presents at and upon every reasonable request and at the only proper costs and charges in the Law of the said Lord S. and his heirs further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered all and every such further and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assuring surety and sure-making setling and conveying of the said Mannors c. premisses and of every part and parcel thereof with the appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof in and by these presents limited expressed appointed and declared be it by Fine or Fines Recovery or Recoveries with single double or more Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrollment of these presents or by any other wayes or means whatsoever as by the said E. Lord G. and I. S. their Heirs and Assigns or by any of them or by their or either or any of their Council learned in the Law shall be reasonably advised devised or required And finally The said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God to be had and solemnized between him the said C. Lord S. and the said D.L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself his heirs and assigns and for every of them Covenant promise grant and agree to and with the said E. Lord G. and I. S. their Heirs and Assigns and to and with every of them by these presents That he the said C. Lord S. and his Heirs and all and every other person or persons that now be or which hereafter shall stand or be seized of any Estate of Inheritance of the said Mannors Lands Tenements and Premisses or any part thereof shall and will stand and be
as aforesaid And of and from all Actions Sutes Costs Charges Damages Expences and Demands whatsoever which he the said J. S. his Executors Administrators or Assigns shall hereafter happen to incur sustain or be put unto for or by reason of the payment of the said Sums of five shillings a piece for the use of the said M. and A. to the said T. their Father as aforesaid That then this Obligation shall be void or else it shall stand in full force and vertue A Condition to pay the Rent reserved in a Lease according to the Covenant therein exprest THe Condition of this Obligation is such That whereas the within named I. C. by his Indenture of Lease of the date within written did Demise grant and to farm-let unto the within bound H. B. all that Messuage or Inne called the Signe of the White Horse with all Cellers Sollers Chambers Rooms Yards Stables and Appurtenances thereunto belonging as it is now in the Tenure or occupation of the said I. C. set and being in S. in the Parish of St. O. in S. in the County of S. except as in the same Lease is excepted To have and to hold the same from the Feast of the Nativity of St. John Baptist next coming after the date of the same Lease unto the end and term of Ten years and one quarter of a year from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during ten years of the said term of ten years and one quarter of a year to the said I. his Executors or Assigns Twenty and four pounds of lawfull money of England at Four Terms of the year that is to say at the Feast of St. Michael the Arch-Angel the Birth of our Lord God the Annuntiation of our Lady and the Nativity of St. John Baptist or within fifteen dayes next after every of the said Feast Dayes by even portions And for the last quarter of a year six pounds at the Feast of St. Michael the Arch-Angel next ensuing the said term of ten years or within fifteen dayes then next following as by the same Lease more at large appeareth If therefore the said H. B. his Executors or Assigns do yearly and every year during the said Term of Ten years well and truly yield and pay or cause to be yielded or paid to the said I. C. his Executors or Assigns the said yearly Rent of Twenty and four pounds at the said Four Feasts or Terms of the year mentioned in the said Lease or within Fifty dayes next after every of the said Feast-dayes by even portions and the said Summe of Six pounds at the said Feast of St. Michael the Arch-Angel next after the end of the said Ten years or within fifteen dayes then next following according to the tenure and true meaning of the same Lease That then this Obligation to be void and of none effect Or else to be in full force and vertue A Defeazance on a Recognizance or Statute-Staple THis Indenture made the one and twentieth day of August Anno Dom. 1634. and in the Tenth year of the Reign of our Soveraign Lord Charles by the grace of God King of England Scotland France and Ireland Defender of the Faith c. Between J.B. Citizen and Salter of London of the one part and G. B. Citizen also and Salter of L. of the other part Witnesseth That whereas the said G. B. by a certain Recognizance of the nature of a Statute of the Staple made and provided for the Recovery of debts taken Recognized and sealed before Sir J. C. Knight Mayor of the Staple of W. and E. L. Esq Recorder of the City of L. bearing date with these presents standeth and is bound unto the said I. B. in the summe of Four hundred pounds of lawful money of England payable as by the same Recognizance more at large appeareth Nevertheless the said I. B. is contented and agreed and doth covenant promise and grant for himself his Heirs Executors and Administrators to and with the foresaid G. B. his Heirs Executors and Administrators and to and with every of them by these presents That if the said G. B. his Heirs Ezecutors Administrator or Assigns or any of them do pay or cause to be paid unto the said I. B. his Executors Administrators or Assigns or any of them at or in the now dwelling house of the said I. B. scituate in the Parish of St. A. H. London the Summe of Two hundred and eight pounds of lawfull money of E. on the Three and twentieth day of F. next coming after the date of these presents without fraud or coven That then the foresaid Recognizance shall be utterly void and of none effect or else to remain in full force strength and vertue In witnesse whereof the parties first above named to the present Indentures interchangeably have set their hands and seals dated the day and year first above written A Grant of Lands in Fee in consideration of money and in further consideration of exchange of other Lands THis Indenture made c. between c. Witnesseth That the said L. G. and also for and in consideration of a certain competent Summe of lawful money of England to him in hand before the ensealing and delivery of these presents by the said I. B. well and truly paid and for and in consideration of other Lands Tenements and Hereditaments by the said I. B. conveyed and assured to the said L. G. and his heirs in exchange Whereof and wherewith the said L. G. acknowledgeth himself fully satisfied and contented and thereof and of every part and parcel thereof clearly acquitteth and dischargeth the said I. B. his heirs and assigns by these presents hath bargained sold aliened enseoffed and confirmed and by these presents doth fully and clearly bargain sell alien enseoffe and confirm in exchange unto the said I. B. and his heirs All that Scite and Capital Messuage or Tenement with the appurtenances scituate c. now being in the tenure or occupation of the said L.G. or his assigns and all and every the Barns Stables Out-houses Orchards Gardens and other appurtenances to the said Messuage or Tenement belonging or in any wise appertaining and all and every other the Lands Meadows Pastures and Closes therewith occupied by the said L. G. and being in E. aforesaid And all that Messuage or Tenement with the appurtenances scituate and being in E. aforesaid and 30 Acres of Land Meadow and Pasture thereunto belonging now or late in the Tenure c. And all that Messuage c. and all that Cottage c. and all and every the Commons Wastes Grounds Leys and other appurtenances to the premisses or any of them belonging or in any wise appertaining And all and every other the Lands Tenements and Hereditaments scituate lying and being in E. aforesaid with all and singular the appurtenances whereof E. G. Esq Father of the said L. died seized of an Estate of Inheritance and the Reversion
A.B. of C. in the County of D. Gent. send Greeting Know ye That I the said A.B. the undoubted Patron of the Parish Church of E. in the County of F. for good considerations me thereunto moving have given and granted and by these presents do give and grant unto C. F. of J. in the County of K. Gent. the first and next Advowsonâ— Nomination Donation Collation Presentation and free Disposition of the aforesaid Rectory of E. in the said County of F. with 〈◊〉 â—is rights members and appurtenances whatsoever when it 〈…〉 void either by death resignation or otherwise In witness whereof c. THE Fourth Part OF THE CLERKS GUIDE BEING An Addition of FINES and RECOVERIES with the manner how to levy or suffer them to limit the Uses thereof And how they shall operate AS ALSO Of Mortgages Judgments and the like how to extend them With Forms of every matter therein of Use By Tho. Manley of the Middle Temple London Esq LONDON Printed by John Streater H. Twyford and E. Flesher Assigns of Richard Atkyns and Edward Atkyns Esquires M.DC.LXXII Cum Gratia Privilegio Regiae Majestatis The Premonition THe former Three Parts have it's true been heretofore Printed but not in the Method they are now presented being purged from many Errors and needless Repetitions however we will not take from the Authors their deserved praise but upon this Review finding somewhat wanting this Fourth Part intends to supply that defect for there is scarce any thing therein set forth which is not the ordinary practice of a well skilled Plebeian but in this we shall give you the particulars of Deeds and Assurances of Record not only the Forms and Presidents but the nature and manner how to proceed therein which is not common but to well practised Clerks And although it may not be absolutely perfect upon the first Essay yet it may answer beyond expectation there never having been any promise of Additions PART IV. Of a Fine A Fine being of all kinds of Settlements of the greatest Force and Antiquity is sometimes called Compositio amicabilis but more usually finalis Concordia and is so termed as the Lord Coke holds Quia finem litibus imponit And so indeed it did antiently for after some contention had been about a thing by Suit the Parties agreeing who should have it a Fine was levied and so there was an end of the matter but is now of more common use because a man thereby may convey his Lands to another in Fee-simple fee-Fee-tail for life or years and that with a Reservation of Rent also Co. Inst 2. Part 511 514. And any person that hath a Capacity to take by the Grant of a Deed and may be a good Grantee in a Deed such person may be a good Conusee in a Fine and may thereby have and take the thing granted And may be levied of all things whereof either a Praecipe quod Reddat a Praecipe quod faciat a Praecipe quod Permittat or a Praecipe quod Teneat lyeth And the order of proceeding in suing it out is thus First an Original is sued forth which may be either a Quid juris clamat Per quae Servitia De Rationabilibus divisis Writ of Right Patent or Close Warrantia Chartae De Consuetudinibus or any Writ of Right But the usual Writ at this day is a Writ of Covenant And although by the common course they use to take out a Dedimus Potestatem and to have the Conusance of a Fine before any Original sued forth yet the Original is alwayes supposed iâ— Law to precede the Dedimus and therefore doth and must bear Teste before it or it will be erronious Then there is a Praecipe drawn and the Concord and Agreement of the Parties both which are to be fairly written in Parchment After this the Conusor or Conusors of the Fine are to come in person before the Judge or Judges authorized to take the Conusance of Fines who are to take notice of the persons that there be no Infants Ideots or Madmen among them nor any Feme Covert for if there be such a Woman the Judges or Commissioners are to examine her privately and apart Whether she be free and willing to do it without any constraint of her Husband Then she with the rest of the Conusors declare publikely their consent and to subscribe their Names or Marks to the Concord And if it be by Dedimus Potestatem it must be returned and certified under the hands and seals of the Commissioners into the Common Pleas that it may there be recorded and finished Which done the Conusee must compound with the King for his License and the money paid thereupon is called the Kings Silver and of this an Entry must be made on the back of the Writ of Covenant Then it must be enrolled by the Custos Brevium and upon that Roll the Proclamations are to be indorsed And thence carried to the Chirographers who make a Note thereof commonly called The Note of the Fine And then enter it upon Record ingross it and make and deliver the Indentures thereof to the Conusee And if it be a Fine with Proclamations it must be proclaimed openly in the Common-Pleas once every fourth Term then next following And the next Term after the engrossing the contents thereof are to be recorded in a Table made for that purpose to be set up in the Court of Common-Pleas at Westminster in an open place all the Term time and so at every Assises The Fine also if the Parties please may be enrolled and exemplified Presidents of Concords And first of the Praecipe Surr. ss Praec A. B. Mil. Quod juste c. ten C. D. Conven c. de Manerio de S. cum pertin in H. J. K. et nisi c. ac de viginti Messitagits duabus Salinis sex cottagiis here mention the true particular of the Parcells according to their severall Natures and Qualities with the numbers of Acres c. And thus you must vary them according to your best Judgments The Concords themselves are either Single or Double some Presidents of single Concords follow ETâ—est Concordia talis sc quod praedict A. recognovit tenementa praedicta cum pertin esse jus ipsius B. ut illa quae idem B. habet de dono praedict A. et illa remisit et quiet clam de se et haeredibus suis praedicâ— B. et haeredibus suis in perpetuum Et praeterea idem A. concessit pro se et haeredibus suis quod ipse warrant praedict B. et haeredibus suis praedicta tenementa cum pertin contra praedict A. et haeredes suos in perpetuum Et pro hac c. Of a Reversion after the death of Tenant for life ET est Concordia talis sc quod praed R. recognovit tenementa praedict cum pertin esse jus ipsius F. et concessit pro se et haeredibus suis quod praedicta tenementa quae F. M. et
Covenant and be returned before it 5. If a Writ of Covenant be brought against the Tenant and a Writ of Entry against the Demandant then the Writ of Covenant must bear date and be returned before the Writ of Entry and this is called the double Voucher 6. That all Writs of Entry must be signed by the Kings Attorney before they be sealed and Fines to the King are to be paid upon them as upon Writs of Covenant The Warrant of Attorney by the Clerk of the Warrants and the Writ of Entry Summons and Seisin are to be returned and filed with the Custos Brevium and the Judgment to be entred by the Prothonorary 7. That in a Recovery with a double Voucher the fine must be sued first to make him Tenant to the Writ of Entry brought either by right or wrong for every Writ of Entry must be brought alwayes against him that is Tenant of the Freehold of the Land demanded at the time of the Writ brought he must be at least Tenant for life or a Disseisor of the Land whereof the Recovery is had for the Estate of the Tenant in tail which is vouched is barted in respect of the Assets onely which are or may be recovered in value end of execution sued by the Tenant against him Plow 11. Dyer 252. And if the Tenant have but an Estate for life or in Dower or by Curtesie in these cases to have a good Recovery such Tenant is â—o make a conditional Surrender of his Estate to him in Reversion or â—â—mainder that he may be a perfect Tenant to the Inheritance and then to bring a Writ of Entry against him and after the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his Estate notwithstanding such Surrender A President for a Lease to make a Tenant to the Praecipe THis Indenture made c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That whereas the said A. B. doth hold one Messuage c. in D. in the County of M. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his heirs or to the heirs of his body lawfully begotten for ever Now the said A. B. for the making and perfecting of some assurance shortly to be made of the same Messuage c. by way of common Recovery Hath Granted and Surrendred and by these presents Doth Grant and Surrender unto the said C. D. and his heirs upon the condition herein after mentioned all that the said Messuage c. and all the estate right title and interest of the said A. B. therein To have and to hold to the said C.D. and his heirs upon condition That if the said C.D. do not pay or cause to be paid to the said A. B. the Sum of 1000 l. of lawful English money upon the first day of December next comeing after the date hereof That then and from thenceforth this Grant and Surrender shall be utterly void and it shall be lawfull for the said A. B. into the same Messuage c. to re-enter and the same to repossess and enjoy as in his former Estate In witness c. As to the Warrant of Attorney and Dedimus Poâ—estatem take this First That in the suffering of Recoveries the Tenants and Vouchees do most commonly appear in person But if they cannot or will not then they may make an Atturney And in that case there must be a Conusance for a Warrant of Atturney taken to authorize the Atturneys and a Dedimus Potestatem to some to take it in this manner Lond. ss Praec A. B. et C. uxor ejus quod juste c. redd D. E. Manerium de M. cum pertin c. quae clamâ—ee â—us et haered suam et in quae tidem A. B. non habent ingress nisi post disseâ—â—nam quam H. H. injuste et sine judicio secit praefat D infra 30 annâ—s jam ultim clapsos c. â—t dic c. Lond. ss A. B. et C. po lo. suo W. W. et R. R. Attornat suos conjunctim divisim versus D.E. de placito terrae Lond. ss M. M. Gen. quem A.B. et C. vocant ad warrant po lo. suo I. I. et L. L. Attornat suos conjunctim et divisim versus D. E. de placito terrae Lond. ss G. W. Gen. Quem M. M. voc inde ad warrant po lo. suo R. G. R. S. Attornat suos conjunctim divisim versus D. E. de placieo terrae Secondly That in these cases there must be two Atturneys at the least and to give them an authority joyntly and severally that if one of them dye before the Recovery be suffered the other may have power to do it And in the Counties Palatine it is usuall to put one Atturney and one of the Justices Clerks Thirdly When this is done the Recoveries may be suffered by the Atturneys without the personal appearance of the parties and such Recovery is good only it will require a longer time to perfect it for in this case there must go forth a Summoneas ad warran which must have Nine Returns ere it can be perfected Fourthly The Recovery thus suffered by the parties in person or by their Attorneys the same must be entred by one of the Clerks of the Court of Common Pleas upon the Rolls of the same Court there to remain upon Record The Forms of Recoveries suffered in the Common Pleas Court or elsewhere are well known to Clerks there Practising However I will give you one excellent President of a Recovery suffered in the Court of the Hustings at London and likewise the forms of Indentures to limit and declare the Uses of Recoveries A President of a Recovery suffered in the Hustings Court London with double Voucher PLacita terrae tent in Hustingo in Guyhald ' Lond ' die Lunae proxime post festum sancti Johannis ante Portam Latinam Anno Regni nostri Jacobi dei gratia Angl ' Scot ' Franc ' Hibern ' Regis Pidei Defensor c. viz. Angl ' Franc ' Hibern ' 18. et Scotiae 53. Ad hunc Hustingum ven hic in propria persona sua D.W. et protulit hic in Cur. brev dicti domini Regis nunc de Recto Paten Majori Vicecomiti London directâ— in haec verba scilicet Jacobus Dei gratia Angl ' Scot ' Franc ' et Hibern ' Rex Fidei Defensor c. Majori et Vice-Com Lond. salutem Praecipimus vobis quod sine dilatione plenum rectum teneatis D. W. de 12 Mess 2 Gardinis et 5 Curtilagiis cum pertin in London quae clamat tenere de Nobis per liberum servitium unius denarii per annum pro omni servitio Quae R. V. ei deforc ne amplius inde clam audiamus pro defeâ—n Recti Teste Meipso apud Westm 4 die Maii Anno regni nostri Angl '
and prosecuted against the said T. M. before Sir John Vaughan Knight c. the Kings Majesties Justices of the Court of Common Pleas at Westminstor according to the usual order and form of Recoveries heretofore used the Mannor of L. with the appurtenances and divers other Lands c. lying in the Parishes c. in the County c. at the time of the said Recovery had being the inheritance of the said T. M. other than such Messuages and Lands as the said T. lately purchased of one P.S. by the names of c. Now this Indenture witnesseth That it is covenanred condescended to concluded and agreed between the said parties to these presents in manner and form following That the intent and true meaning of all the said parties now is and at the time of the said Recovery so had and suffered was that the said Recovery should and shall be and enure and construed to be and enure And that the said A. T. and his heirs immediately from and after the said Recovery so had and executed should and shall stand and be seised of the said Mannor and all other the Lands Tenements and Hereditaments with the appurtenances in the said Recovery meant and intended to be comprised to the only uses and intents hereafter by these presents set forth and declared and to none other uses intents or purposes whatsoever That is to say to the use of the said T.M. for the term of his natural life and after his decease then to the use and behoof of the eldest Son of the said T.M. begotten or to be begotten on the Body of M. the intended Wife of the said T. M. and the heirs males of the Body of the said eldest Son and for default of such Issue to the right Heirs of the said T.M. for ever A Proviso for Revocation of uses PRovided alwayes That if the said T. M. party to these presents shall at any time during his natural life intend or be willing to alter change revoke or make void the said Estates Remainders Uses and Limitations before in these presents mentioned or any of them c. and shall by any writing or writings under his hand and seal in the presence of two credible witnesses at the least signifie and declare That his mind and intent is to alter change revoke or make void the Uses c. That then and at all times after such writing and writings shall be so signed and sealed all the said Estates Uses c. before in these presents specified and declared and in the said writing or writings mentioned shall from thenceforth cease determine be revoked and utterly for ever void And that then and at all times after he the said A. T. his Heirs and Assigns and all and every other person and persons whatsoever which shall be then seifed of the said Premisses with their Appurtenances or any part or parcell thereof shall stand and be seised thereof or of so much thereof as shall be mentioned and contained in the said Writing or Writings of Revocation to the onely use and behoof of the said T. M. his Heirs and Assigns for ever or to such other uses intents or purposes as in the said Writing or Writings of Revocation shall be limited appointed and declared and to none other use intent or purpose whatsoever any thing before specified to the contrary in any wise notwithstanding In witness whereof c. An Indenture to lead the uses of a Fine and Recovery had and suffered THis Indenture made c. Between A. M. of c. and J. B G. B. of c. of the one part and R. C. of c. on the other part Whereas the said A. M. being seifed in his Demesne as of Fee of and in certain Messuages Lands Tenements and Hereditaments with the appurtenances scituate lying and being in W. in the County of C. and it having been agreed between the said A. M. and the said R. C. that for a valuable Consideration of money to the said A. to be paid by the said R. the said A. should convey the same to the said R. and his Heirs in such manner as the Councel Learned of the said R. should advise or reqâ—â—â— And whereas by advice of the said Councel Learned of the said â— he in Easter-Term last past before the date hereof in the Court of Common Pleas at Westminster did commence prosecute and bring one Writ of Entry Sur Disseisin in le Post against the said R. C. demanding thereby one Messuage two Gardens c. with the appurtenances in W. aforesaid unto which the said R. did appear and did vouch to Warranty the said A. M. who being then present in Court the said Vouchee in proper person vouched over one L. M. whereby a good and perfect Common Recovery of the said Premisses with double Voucher according to the form of Common Recoveries in such cases used was due in form of Law suffered and executed And whereas the said R. in Easter-Term aforesaid by advice of the Councel of the said R C. did levy and knowledg in due form of Law before his Majesties Justices of his Highnesse said Court of Common Pleas unto the said R. C. and his Heirs one Fine Sur Conusance de droit come ceo c. with Proclamation thereupon had according to the Form of the Statute in that behalf made and Provided as in and by the said Fine and Recovery relation being thereunto had more sully and at large may appear Now This Indenture Witnesseth That the said J. B. G. B. and A. M. and every of them for themselves their Heirs Executors Administrators and Assigns and for every of them do covenant grant declare and agree to and with the said R. C. his Heirs and Assigns and to and with every of them by these presents That the said recited Fine and Recovery and the Recoveror and Recoverors therein named and their Heirs and Assigns and the Heirs of the Survivor of them and all other person and persons which now are or shall be seised of the said recited Premisses and every part and parcell thereof shall thereof stand and be seised to and for the onely use and behoof of the said R. C. his Heirs and Assigns for ever and to and for no other use intent or purpose whatsoever In witness whereof c. Revocations of Uses in former Indentures mentioned according to the power thereby given THis Indenture made c. Between E.S. of S. in the County of M. Esq of the one part and R.H. T.T. J.B. and H.H. of the other part Witnesseth That whereas the said E.S. did heretofore by his Indenture bearing date c. made between him the said E.S. of the one part and J.O. of P. in the said County of L. Esq on the other part Covenant grant and agree to and with the said J.O. his Executors and Administrators That he the said E. and his Heirs in such manner and form as by the said recited Indenture
the husband in tail Remainder to another in Fee and the husband doth suffer a Common Recovery In this case it was held That this was no barre to the Issue in tail for any part for there are no moieties between them And there where the husband alone suffers the Recovery there is no lawful Tenant to the Praecipe and so the Recovery is no barr Co. 3.5 Marquess of Winchester's Case 8. In 25 H. 8. it was held That if my Tenant for life vouch a stranger who doth enter into the Warranty and cannot barre the Demandant and the Demandant doth recover and the Tenant over in value That the Land recovered in Value shall not go to me in Reversion after the death of Tenant for life nor shall the Reversion of the Land recovered in Value be in me in the life of the Tenant for life Broo. Cases Sect. 70. 9. In 30 H. 8. it was held That where there was Tenant for life a remainder in taile or for life and the Tenant for life is impleaded and doth vouch him in remainder who doth vouch one that hath a title of Formedon so the Recovery pass by Voucher then the issue of him that hath a title of Formedon may bring his Formedon and recover against the Tenant for life for the recompence shall not go to the Tenant for life and therefore he may recover for his Ancestor war ranted the remainder only and not the Estate of the Tenant for life and therefore the Tenant for life may not bind him by the Recovery for he did not warrant to him and therefore in this case the sure way is to make the Tenant for life to pray in ayd of him in remainder and they to joyn and vouch him that hath the title of Formedon and so to pass the Recovery for the recompence shall go to them both Broo. Case 143. In the last place we come to the Statutes concerning this Point an abstract whereof followes Stat. 7 H. 8. chap. 4. That Recoverors of Lands Tenements and Advowsons their Heirs and Assigns may distrain for Rents Services and Customs due and unpaid and make avowry and justifie the same and have like remedy for recovering them as the Recoverors might have done or had albeit the Recoverors were never seised thereof and shall have also a Quare Impedit for an Advowson if upon avoidance any disturbance be made by a stranger as the Recoverors might have had albeit the Recoverors were never seised thereof by Presentation And here Avery Avowant or Bayliff in any Replegiari or Second Deliverance if their Avowry Conusance or Justification be found for them or the Plaintiff be otherwise barred shall recover his damages and costs Stat. 21 H. 8. chap. 15. That a Termor for years may falsifie a feigned Recovery had against him in the Reversion and shall retain and enjoy his term against the Recoveror his heirs and assigns according to his Lease Also that the Recoveror shall have like remedy against the Termor his Executors or Assigns by Avowry or Action of Debt for the Rents and Services reserved upon such Lease and due after such Recovery and also like Action for wast done after such Recovery as the Lessor might have had if such Recovery had never been and no Stature-Merchant Staple or Execution by Elegit shall be avoided by such feigned Recovery but such Tenant shall also have like remedy to falsifie such Recoveries as is here Provided for the Lessee for years Stat. 34 35 H. 8. chap. 20. That no feigned Recovery hereafter to be had by assent of parties against any Tenant or Tenants in tayl of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such Recovery had shall be in the King shall bind or conclude the Heires in tayle whether any condition or Voucher be had in any such fained recovery or not but that after the death of every such Tenant in tayle against whom such recovery shall be bad the Heirs in tayle may enter hold and enjoy the Lands Tenements and Hereditaments so recovered according to the forme of the gift in tayle the said recovery notwithstanding And here the Heirs of every such Tenant in tayle against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his Heirs But this Act shall not extend to prejudice the Lessee or Lessces of any such Tenant in tayle made in writing indented of any Mannors Lands c. for 21 years or 3 lives or under whereupon the accustomed Rent or Rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall enjoy his or their Terme or Termes according to the Stat. of 32 H. 8. chap. 28. This Act nowtithstanding Stat. 14 Eliz. chap. 4. That all Recoveries had or prosecuted by agreement of the Parties or by Covin against Tenants by the courtesy Tenants in tayle after possibility of issue extinct Tenant for Life or Lives or of estates determinable upon Life or Lives or of any Lands Tenements or Hereditaments whereof such particular Tenant is so seised or against any other with Voucher over of any such particular Tenant or of any having right or title to any such particular Estate shall from henceforth as against the revertioners of them in Remainder and against their Heirs and Successors be clearly voide But this Act is not to prejudice any persons that shall by good title recover any Lands c. without fraud by reason of any former right or title Also every such Recovery had by the assent and agreement of the person in revertion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting But this assent must appear upon the same record either upon a Voucher ayd prier receit or the like and not by any extrajudicial entry or memorandum Co. upon Lit. 362. Stat. 14 Eliz. chap. 8. Every fraudulent Recovery against any Tenant for Life or whereupon any Tenant for life or be that hath right to Estate for life is vouched shall be void against him in the revertion or in the remainder unless it be by his own assent appearing by record Recoveries in a writ of right bind all strangers not clayming within the years as being suffered by a Disseisor it bindeth the Disseisor by his own Non-claym 5 E. 3.50 Tenant for Life suffering a wrongful Recovery it shall prejudice his right that hath the inheritance though he prayed in ayde and make default 34 H. 6.2 For no ayde prayer is there necessary in as much as the other being Tenant of the Freehold a Recovery is good against him 4 H. 7.3 But that after the death of Tenant for Life he may falsifie it by action of ad terminum qui praeteriit or writ of Right which we call falsifying of Recoveries 24 H. 8. Br. fan rec 41. But he cannot enter neither can Lessee for years
the Execution and justifie it Cro. 1.440 2. After half the Land of a man is taken in Execution upon one Judgment then if there come another Judgment against the same person a moyety of the moyety only left and not of the whole is to be extended Cro. 1.482 483. 3. The Sheriff upon a Fieri facias may not deliver the Defendants Goods to the Plaintiff in satisfaction of his debt Cro. 1. part 504. 4. If the Sheriff open or break any House to do Execution at the Suit of a common person the Execution is good but the party whose House is broken may have an Action of Trespass against him for the breaking of the House Co. 5.93 Co. 4.91 Semaines Case Co. 11.82 5. If the Sheriff have a Fieri facias or a Ca. sa against a man and before Execution executed he pay him the money in this case the Sheriff cannot do execution after if he do an Action of Trespass or False Imprisonment lyeth against per Justice Jones and Justice Berkley B.R. Pasch 12 Car. 6. If Execution be by Fi. Fa. and the Sheriff seise Goods and before the sale the Record is removed by Error and a Supersedeas awarded and a seizure returned in this case a Venditioni Exponas may be awarded upon the return of the Fieri facias which is filed Cro. 1.597 598. 7. If Execution be for the Plaintiff if the Defendant be taken by Capias Utlagatum and if Judgment be affirmed in Error a Capias or other Execution lyes without Scire facias although in another Court Cro. 1.706 851. 8. The ancient Sheriff being out of his Office cannot sell the Goods he took upon a Fieri facias Yelverton 44. How Execution is to be done in the Cinque-Ports see Bendloes 15. Observe here further That if the Defendant dye his body being in Execution the Plaintiff may have a new Execution against the Lands or Goods of the Defendant as he pleaseth but the Plaintiff while he hath the body of the Defendant in Execution can have no other Execution against his Lands or Goods Co. 5.65 66.86 87. A new Execution may be sued against any man who by Priviledg of Parliament shall be set at liberty Stat. 5 Jac. cap. 13. If the Sheriff hath a man in his custody by process of Law and after this a Writ of Capias ad Satisfaciendum is delivered to him in this case in Judgment of Law he shall be in Execution presently upon that Writ though he never make any actual arrest thereupon Co. 5.89 I will now cite some few Cases to illustrate this Point 1. If two be in Execution for one debt and one of them dye under Execution this will not discharge the other But death under Execution in case where there is but one Defendant is in satisfaction Cro. 1.851 F.N.B. 146. Cro. 2.136 143. But this by the Common Law For now by the Stat. of 21 Jac. cap. 24. If a man be in Execution for a debt and dye in Execution for it the debt unpaid the Plaintiff shall now have as much remedy against his Lands and Goods as if he had never been or dyed in Execution Co. 5.86 Cro. 2.136 142. 33 H. 6.47 3 H. 6.7 N.B. 246. 2. If the Defendant pay the money by this he shall be discharged of the Execution So a Release of all Executions will barr in this case although it be in the Kings case But a Release of all Suits will not discharge from Execution in the case of the King or Subject Co. 8.153 But a Release of the Judgment and of all debts and duties will discharge the Body out of Execution Co. 1. part Inst 291. But if he make any Depheasance Release or other such like act to the Defendant being in Execution amounting to a discharge of the Execution this will not be in it self ipso facto a discharge of the Execution but this will make way for his discharge by Audita Querela or some other means And therefore in case where the Plaintiff consented that the Defendant his Prisoner in the Kings Bench should come to him out of Prison to the Horse-shooe Tavern which was out of the Rules without a Keeper or any Order of the Court thinking to have some agreement with him and he doth come to him and was taken again upon the same Execution and put into the Kings-Bench he was relieved and discharged by Audita Querela And a discharge by word in this case is good enough For if I say to the Sheriff and bid him discharge such a one he hath in Execution at my Suit or suffer him to go at large this is a good discharge both to the Sheriff and to the party Popham 206 207. Trin. 24 Car. B.R. Walker and Alder. 3. If A. and B. Joynt-Tenants for life the Remainder in Fee and Judgment is given against A. in debt and afterwards before Execution he release to his Companion this shall not avoid the Execution upon the Land But if A. had dyed before Execution the Survivor would have held the Land discharged Co. 6.79 Abergavenyes Case 4. If a Judgment be against one Obligor in the Common-Pleas and another Judgment in the Kings-Bench against the other Obligor and a Capias ad Satisfaciendum in the Kings-Bench against that Defendant and then the Body and Lands of the other is taken in the Common-Pleas and he is delivered by Audita Querela as he may be although the Land taken in Execution be evicted yet his body shall never be re-taken in Execution Hob. Rep. 2. 5. If a Sheriff Gaoler or other Officer that hath a man in Execution at my Suit for debt or damages do after suffer him wilfully or negligently to escape and do not re-take him before I commence my Action against him In this case I may in an Action of Debt or Action of the Case which I will recover against him by whose means this is done but not against his Executors or Administrators so much as I am damnified thereby Plowd 45. Co. 3.52 Dyer 278. Cro. 3.767 F.N.B. 93. 6. If the Sheriff take one in Execution at my Suit be the process by which he is taken erronious or not if the Sheriff suffer him to escape he shall be charged with this escape Cro. 3.188 576. Cro. 2.1 7. If the Chief Justice of the Court by which the Prisoner is committed the Sheriff and the Plaintiff in the Suit all of them agree together to let a prisoner in Execution out for a time this will be no escape especially there where the Prisoner doth return at his time Dyer 275. 8. If the King or any great Man out of the ordinary way of Law shall command or require the Sheriff or other Officer that hath the keeping of such a prisoner to set him at liberty altogether or foâ— time and he doth so although he return to prison again yet this will be an escape in the Sheriff to make him liable to action Dyer 278 279. 9. If a
RElease of Lands mortgaged 18 Revocation Deed to revoke uses 30. 166 Recognizance assignment thereof 24 Release general 27 143 164 457 489 Release from one that hath lost a deed 27 46 Release of fines and Forfeitures to the King 28 Release or resignation of a trust 29 Release of an annuity 42 628 Release of Dower 45 Revocation of a pretended contract of matrimony 97 Rent reserved grant thereof 117 Release of Lands upon performance of Articles 124 165 502 Recovery Covenants to pass a Recovery c. 133 207 266 Release by one used in trust 141 Revocation of a Suit 142 Release of Errors 144 Release upon receit of a legacy 164 351 Recovery deeds of Settlement thereupon 250 254 260 Release of a Proviso 319 320 321 Release of a Recognisance 340 Release of an extent Bond c. 350 Release between Purchasors 359 Rejoynder the form thereof 428 Replication the form thereof 429 Release to a purchaser 445 Release confirmation 453 Release from an Executor 456 Redemise of Lands mortgaged 466 Release of Land in exchange 589 Release where 3 have Estate of inheritance 622 Release of a conditionall assignment 623 Release of a Mannor 624 Release of rent reserved 626 Release of a condition c. 627 629 S SAle A bill of Sale 17 Scavenger and Raker Indenture between them for cleansing the streets 31 Sale of the moiety of a Rent reserved by Lease 88 Surrender of a Lease for lives c. 142 Suit revocation thereof 142 503 Surrender of Copyhold lands by way of Mortgage 173 Settlement by fine and Recovery of lands to raise money to pay debts and childrens portions 280 Sale of goods by the Sheriff bayliff 359 Sheriff discharge to him 388 Statute assignment thereof 418 Sub-poena affidavit of Serving thereof 428 Stewardship of a Mannor grant thereof 458 644 Surrender acknowledgment of what estate was granted and how 492 Settlement Indenture thereof well penned 541 Swans and Swan-marke Bargain and Sâ—le of it 617 Survivorship Indenture to avoid it 636 637 T TYthes a Lease thereof 43 Transport of Goods in a ship 232 Tripartite deed of Lands c. in trust till a joynture made 273 Testimonial of a house and good burnt 358 Trust declaration thereof 375 444 461 496 500 Tenant poynts of law between Lord and tenant c. 393 Trust acknowledgment thereof 408 409 Tayle estate tayl barred by Indenture 463 V USe deed to lead the use of a fine 107 Uses declared by deed with good covenants 278 378 487 Uses revoked by deeds c. 397 W WIll the form thereof 46 The preamble of the same 179 Warrant of Atturney to confess a judgement 206 349 Warrants to acknowledg Satisfaction 206 352 Warrants of Atturney in general 349 352 Warrant of a Master in Chancery upon a Reference 428 Warrant to keep a Court 503 Warrant for a Buck and Doe 646 The Table to the Fourth Part. A. Audita Querela the Nature of it where it lyes and for what 723 724 725 Where returnable 725 B. BArgain and Sale definition thereof 694 Rules concerning the same 695 Time for Inrollment 696 Presidents thereof 698 C. COncords of Fines Presidents thereof 662 663 Cases concerning Fines 670 Cases concerning Recoveries 688 Cases concerning Bargain and Sale 696 Cases concerning Execution in its several kinds c. 705 Cases concerning Statutes and Recognisances 718 D. DEpheasance the Nature of it 722 Rules concerning the same ibid. Distresses and Replevin what they are where they lye for whom and what 726 727 E. EXemplification of a Fine 664 665 Executions the several sorts thereof 703 What is lyable thereto et è contra 714 Escape what shall be so judged 726 F. FIne definition thereof 661 Proceedings therein 661 662 Foot of a Fine 667 I. INdenture of Covenant for a Recovery to be suffered 682 Another declaring the Uses of a Recovery already suffered 683 Judgment and the Execution thereof 700 How a Judgment shall be executed 701 P. PResident of a Lease to make a Tenant to the Praecipe 677 Proviso for Revocation of Uses 684 Presidents of Bargain and Sale 698 R. REcovery definition thereof with the Formalities and Efficient causes 675 Proceedings therein ibid. President thereof in the Hustings London with double Voucher 678 Revocations of Uses according to former Indentures c. 686 Replevin the nature of it and for what it lyes 728 Statutes concerning it 728 729 S. STatutes relating to Fines c. 673 Statutes relating to Recoveries c. 692 Statutes concerning Judgments and their execution 702 Sheriff his Duty in doing Execution 705 Statutes concerning the same 709 Statute or Recognisance the nature thereof 710 711 Forms thereof ibid. et 712 Where a person shall be contributory thereto 726 Rules concerning the same 713 Proceedings thereon 715 Sureties how to be proceeded against 718 Statutes relating to Recognisances c. 719 720 Statutes concerning Distresses and Replevins 727 V. USe of a Fine Indenture to â—ead it in several Forms and Cases 668 684 Uses how they may be declared and when and by whom 669 670 Uses declared upon Revocation 688 W. WArrant of Atturney and Ded. Pot. the form thereof 677 678 What requisite thereto 678 FINIS
Escripts and Monuments before by these presents bargained and sold as also all the true Copies of all such other Deeds and Writings as do touch and concern the before bargained premises or any part thereof Together with any other Lands Tenements or Hereditaments not before mentioned The said Copies to be written at the Cost of the said D. his Heirs and Assigns An Assignment with a Proviso to have the Lease again upon payment of a sum of money THis Indenture made c. between G. B of c. of the one part and W. H. of c. of the other part Whereas one R. G. and his Wife by their Deed indented bearing date c. for the consideration in the said Deed indented expressed did demise grant and to farm-let unto the said G. B. all that the moyety and half-deal of the Mannor of D. with the appurtenances set lying and being in c. and the moyety and half-deal of all their Messuages Dove-houses Edifices Buildings Lands Tenements Rents Reversions Services Mills Meadows Leasows Pastures Woods Under-woods Commons Heaths Profits Commodities and Hereditaments to the said Mannor of c. belonging set lying and being within the Town Fields Parishes and Hamlets of C. N. D. within the said County of G. or accepted reputed or taken c. To have and to hold c. with divers Covenants Articles Agreements and Reservations in the said Indenture contained as by the said Indenture c. Now this Indenture witnesseth That the said G. B. for divers and sundry c. hath given granted alienated assigned and set over and by these presents doth c. as well the said moyety c. as also all the Estate Right Title Use Interest Possession Claim and Demand whatsoever of the said G. B. had and made as is aforesaid To have and to hold the said moyety and half-deal of the said Mannor of D. with the appurtenances and all the Estate Right Title Use Interest Clatm Possession and Demand whatsoever of the said G. B. c. Provided nevertheless and it is agreed between the said Parties to these presents That if the said G. B. his Heirs Executors or Assigns or any of them do at any time hereafter pay and deliver or cause to be paid and delivered unto the said W. H. his Executors or Assigns or any of them the sum of c. of lawful money of England at one entire payment at or in the Church-Porch of the Parish-Church of C. aforesaid within the said County of G. at or in the place where the said Parish-Church now standeth that then and from thenceforth as well this present Grant and Assignment and every Clause Article and Sentence herein contained to be utterly void frustrate and of one effect as also that then and from thenceforth the said moyety of the said Mannor of D. and al other the premises whatsoever with their appurtenances and every part and parcel thereof by these presents assigned and set over unto the said W. H. shall come and be to the said G. B. his Executors and Assigns for and during all the number of years that shall at the time of the payment to be had and made in manner and form aforesaid be then to come and unexpired of the said term of c. years granted unto the said G. B. Executors and Assigns as is aforesaid as though this present Indenture of assignment of the premises had not been had or made In witness c. A revoking of a pretended Contract of Matrimony LEt all Men know and take notice by these presents That we F. D. of S. and J. H. of c. being desirous to have matters cleared between us concerning such proceedings as have been about treaty of Marriage between us and that we both notwithstanding any pretence of Contract between us may hereby declare and manifest to all people that there was no absolute Contract or Engagement between us at any time for Marriage of each other but that we are free one from the other in that kind and may each of us freely marry with others We do therefore freely and without any compulsion declare manifest and make known unto all people that we the said F. D. and J. H. were never absolutely contracted together in any Contract of Matrimony neither did we nor any of us profess or declare that we would marry each other unless c. our Friends c. we do therefore hold our selves no wayes to be tyed or obliged each to other in any manner of Contract of Matrimony or for Marriage each of other and therefore we do hereby freely and absolutely release and discharge each other of and from all manner of Contracts of or for marriage heretofore had or pretended to be had or made between us and we do hereby freely and fully release acquit and discharge each other of us and of and from all manner of Actions Suits or Claims prosecuted or which may be begun or prosecuted in any Court Ecclesiastical or Civil concerning the premises And in testimony of our free and full consent herein we the said F. D. and J. H. have hereunto subscribed our Names the day of c. An Assignment of Lands taken upon an Extent THis Indenture made the c. between T. H. of c. and W. W. of c. of the one Party and J. B. of c. of the other Party Whereas the said T. H. lately recovered by Judgment in His Majesties Court of Kings Bench the sum of c. against T. C. of B. c. and thereupon the said T. H. in Michaelmas Term last did take and sue forth Execution by Writ of Elegit directed to the then Sheriff of the said County of W. Whereupon by Inquisition and by the Jurors then and there sworn taken by the said Sheriff at the City of c. The day of c. Amongst other things it was found That the said T. C. at the time of the said Inquisition was possessed for and during the term of c. years then to come of and in one Messuage or Tenement and divers parcels of Land Meadow and Pasture to the said Messuage or Tenement belonging or appertaining in C. in the said Parish of c. as his proper Goods Which said term and interest of the said T. C. of or in the said Messuage or Tenement the Jury at the time of the said Inquisition did apprize and value at c. pounds which said term of years the said Sheriff the day of the same Inquisition did deliver to the said T. H. at the price and apprizance aforesaid To hold unto the said T. H. and his Assigns as his proper Goods and Chattels according to the form of the Statute in that behalf made and as parcel of the same debt and damages of the said T. H. recorded as aforesaid And the said Jurors also found That the said T. C was at the time of the said Inquisition seized in his Demeasn as of Fee of and in
one Messuage and divers parcels of Land Meadow and Pasture to the said Tenement belonging or appertaining lying and being in B. c. found by particular names and quantities and then valued by the said Jurors to be worth c. yearly the moyety of which said Messuages and Premises in B. by particular names and quantities the said Sheriff did then also deliver unto the said T. H. at the rate and apprizement aforesaid To hold to the said T.H. and his Assigns as his Free-hold according to the form of the Statute made on that behalf until the residue of the said Debt of c. should be thereby fully levied as by the said Inquisition more particularly and at large it doth and may appear Which said debt so recovered by the said T.H. and the said Execution thereupon was nevertheless in trust 〈◊〉 the said W. W. party to these presents and was the proper money of the said W. W. assigned to him the said T. H. as part of the Marriage-portion of c. Now witnesseth these presents That the said W. W. and T. H. as well for and in consideration of the sum of c. paid unto the said W. W. as also for divers good Causes and Considerations them thereunto moving have granted assigned and set over and by these presents do grant assign and set over unto the said J. B. all that the said Messuage or Tenement Lands and Premises in C. aforesaid and all the Estate Interest Title and Term of Years yet to come which the said VV. and T. H. hath or either of them hath or have or might have of in or unto the said Messuage Tenement Lands and Premises and every or any part thereof by the said Extent or Inquisition aforesaid or otherwise And also all that the moyety or half-deal or part of the said Messuage or Tenement Lands and Premises in B. aforesaid and all the Estate and Interest which he the said W. W. and T. or either of them have hath or might claim of in or unto the said Messuage Lands and Premises in B. or any part or parcel thereof in as large ample and beneficial manner to all intents and purposes as the said W. W. or T. H. or either of them have hath or might hold claim or enjoy the same c. And the said W. W. and T. H. do severally and not joyntly each one for himself his Executors and Administrators covenant promise and agree to and with the said I. B. his Executors c. that he the said I. B. his c. shall and may from henceforth quietly hold occupy and enjoy all and singular the premises and every part thereof free from any former Grants Charges Assignment and Incumbrances of the premises or any part thereof made by the said W. c. or any claiming from c. And the said I. B. doth likewise by these presents for himself his Executors c. covenant promise and agree to and with the said VV. c. That he the said I. B. his Executors c. shall and will save defend and keep harmless the said VV. VV. and T. H. their Executors c. of and from all manner of Suits Troubles Charges Expences and Sums of Money which the said VV. c. shall be from henceforth at put unto sustain disburse or undergo for or by reason of the said extent or any matter or thing therein contained or that might come to happen to the said VV. c. for or by reason of the Estate which they or either of them had by extent aforesaid or any the premises hereby assigned or by any occasion or reason rising or growing therefrom or by occasion thereof In witness c. A Charter party for a Ships Voyage THis Charter party indented made the c. in the c. between L. K. Master of a Ship or Bark called The Flower-de-luce of P. in the County of D. of the Burthen of one hundred Tuns or thereabouts of the one part and C. W. and B. S. Merchants of c. Witnesseth That the said Master hath demised granted and to fraight-letten and by these presents doth demise grant and to fraight-let unto the said Merchants their Factors and Assigns all that the said Ship or Bark with her Tackling appurtenances and her apparel thereunto belonging or appertaining for and during one whole Voyage with the same Ship to be done and made in manner and form following that is to say the said Master covenanteth granteth and agreeth to and with the said Merchants and every of them That the said Ship or Bark named The Flower-de luce now being pressed and ready within the Port of the said Town of S. shall with the first good Wind and apt Weather as God shall send next after the date hereof make Sail and Sails from thence directly towards and unto the Key of the City of Roan under the Dominion of the French King and there to tarry and abide by the space of c. dayes current during the which space the said Master covenanteth there to receive into the said Ship Ware and other Merchandize such as it shall then best please the said Merchants their Factors or Assigns there to load to a compleat and full loading of the said Ship And the said Merchants and every of them covenant to and with the said Master to load or cause to be loaden there within the said space Wares and such other Merchandizes as it shall then best please the said Merchants or their Factors for their most profit to the compleat and full loading of the Ship as is aforesaid And moreover the said Master covenanteth concordeth bargaineth and agreeth to and with the said Merchants and every of them that the said Ship with her said loading laden in her within the said place shall with the first good Wind and Weather as God shall send next after the said c. dayes be come and past make Sail and Sails from thence directly towards and unto the said Port of the said Town of S. where the said Ship shall with convenient speed after her there arrival be discharged of her said lading of Wares and other Merchandize laden in her as aforesaid and the same out of the said Ship there so discharged shall be delivered unto the said Merchants or the Owners thereof as safely and well-conditioned God sending the said Ship in safety And the said Merchants and every of them covenant to and with the said Master then and there to receive the said loading laden in her as aforesaid and at the right discharge thereof to pay or cause to be paid to the said Master or his Assigns the sum of c. and also to pay during the said Voyage Windage Groundage Pilotage and Loadmanage and all other Arrerages as in English Ships are accustomed And the said Master covenanteth that the said Ship is and during the said Voyage shall be stiffe strong and stanch well and sufficiently victualled rigged and apparelled with sufficient