the Indenture and it was judged that notwithstanding this absolute Feoffment and to an express use yet it being made upon no new agreement it shall be guided by the Covenant so that the bargainees Estate continues conditional Crook lib. 1. fol. 300. pag. 14. Clever vers Giles Acts done for further assurance upon covenants precedent conteined in the original agreement shall have such construction as may fortify and not destroy the first agreement As if â— man bargain and sell Lands rendring rent with condition of reentrie c. and covenants to make further assurances and after he levies a Fine or makes a Feoffment none of these are construed to extinguish the rent or condition but to fortify only the Estate of the purchaser according to the first agreement Moores Reports fol. 385. 7. It seems a conveyance of record shall be â—nv eyanâ—e of record and enpays how taken taken strictly and not by intendment as a conveyance in pais shall Therefore a Mannor in reputation which is not a Mannor in truth will not pass by the name of a Mannor in a Fine or common Recovery otherwise in a conveyance Crook part 1. 524. p. 53. yet a remainder may pass in a Fine by the name of a Reversion ibid. 594. p. 37. 8. Where an Indenture of bargain and sale is Several conveyances how the Party shall be in made and after a Fine is levied of the same land to the bargainee and after the deed is inrolled the bargainee is in by the Fine and not by the inrollment and where a Reversion is bargained and sold by Indenture and before inrolment a Fine is levyed by the Bargainor to the Bargainee and after the deed is inrolled yet the Bargainee must have an Attornment because he is in by the Fine and not by the Bargain and sale Crook part 1. 917. p. 8. 9. Where it is possible for a grant to take effect Grant to take effect as by possibility it may according to the Letter there the Law makes such a construction as by possibility it may take effect as if Lands are given to two men and the Heirs of their two Bodies the Law makes them joynt-joynt-tenants for life and gives them several Inheritances in Tail Cook upon Litt. 183. b. Stamford justice Three grounds for construction of deeds arguendo taketh three grounds for the construction of deeds First that it shall be taken most beneficially for the Party that taketh by them Secondly that the deed shall not be void where the words may be taken to any intent Thirdly that the words shall be construed according to the mind of the parties and not otherwise Plowden Antient deeds how construed fol. 160. Throgmortons case Antient deeds shall be construed as they were antiently taken although the Law be since altered vide Crook part 1. 633. p. 29. 10. Some words are large and have a general extent Exposition des parolâ— and some have a proper and particular application the former sort may contain the latter as dedi or concessi may amount to a Grant a Feoffment a Gift a Lease a Release a Confirmation or Surrender c. and it is in the Election of the Party to use them to which of these purposes he willâ— but a Release Confirmation or Surrender c. cannot amount to a Grant c. nor a Surrender â— a Confirmation or to a Release c. because they are proper and peculiar manner of conveyances and are destined to a special end Cook sur Litt. 301. b. CHAP. II. The several formes of setting forth the grounds or considerations of a Conveyance or sâ—ttlement of an Estate 1. Witnesseth that the said A. B. as well for Money iâ— parâ— paâ—d and in parâ— secured and in consideration of the summe of 500 l. of lawful moneyes of England to him in hand paid before the ensealing and delivery hereof by the said C. D. the receipt whereof lie the said A. B. doth hereby acknowledg and thereof and of every part and parcel thereof doth acquit and discharge the said C. D. his Heirs Executors and Administrators by these presents As also for and in consideration of the summ of 500 l. more of like moneyes by the said C. D. secured to be paid unto the said A. B. his Executors and Administrators in manner and form following viz. on the 20 day of January now next ensuing the summ of 300 l. thereof and on the first day of March then following the summ of 200 l. the residue of the said summ of 500 l. 2 Whereas the said A. B. at the ensealing and The barring oâ— an Estate â—â—il and enabling him to make a settlement or assurance delivery of these presents is and standeth seiled of an Estate â—ail to him and the Heirs Males of his Body with divers remainders over of and in the Mannors Messuages Lands and Tenements hereafter in these presents mentioned Now witnesseth this present Indenture that for and in consideration of the barring of the said Estate tail and all the Remainders thereupon dâ—pending and for the setling of an absolute Estate in Fee-simple of inheritance in the said A. B. whereby he may be enabled to make a good and perfect assurance to such Person or Persons and their Heirs as have agreed or hereafter shall agree with him the said A. B. to purchase the said Mannors c. A. B. covenants to suffer a Recovery Or thus That for the setling of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and forme as hereafter are in these presents limited and expressed and for the enabling of the said A. B. to make and grant Leases and Estates of and in the sold Mannors Lands and Premises in such manner and sort and according to the power and authority to him hereafter in and by these Presents reserved and for other good causes and considerations c. 3. Witnesseth that the said A. B. in consideration Natural love c. preferment of children of the natural love and affection which he beareth unto C. B. his Son and Heir apparent and for his advancement and present maintenance and to the end that the Daughters of the said A. B. may have convenient Portions to maintain and prefer them in Marriage and for the establishing of the Mannors Lands Tenements and Hereditaments hereafter mentioned to such uses intents and purposes as are hereafter limited and appointed and for other good causes and considerations c. Or Settlement in the stock and blood c. thus In consideration of the great love and natural affection which he the said A. B. beareth unto C. B. the natural sonne and heir apparent of the said A. B. and to the heires males of the body of the said C. B. and to the end intent and purpose that the Mannors Lands Tenements and Hereditaments hereafter mentioned shall and may continue in the stock blood and
c. ss Tenens in propria persona vocat ad War Humfridum Mumford generosum qui presens vocat Edmundum Clent Ad. Barram ss North't ss PRecipe Obadie Kentiso Juniori generoso The like Treble Voucher Whereby you may understand how to place the parcels according to the Method used in the Register Michaeli Aldridge generoso quod juste c. reddant Josepho Allen Armigero Manerio de S. K. E. D. cum pertin ac quadraginta Mesuagia viginti quatuor Tofta sexdecim Molendina viginti Columbaria quadraginta Gardina duas Mille acras Terre tres Mille acras Prati quatuor Mille acras Pasture tres Mille acras Bosci decem Mille acras Jampnorum Bruere quinque Mille acras More duas Mille acras Marisci salsi Mille acras Marisci frisci quatuor librat reddit ac reddit duarum librarum dimid unius libre Piperis unius grani Piperis cum pertinentiis in R. L. G. S. G. J. H. E. Necnon Advocationem Ecclesie de K. que clam c. ss Tenentes in propriis personis vocant ad War Johannem Grantham Sen. generosum qui presens in propria persona vocat ad War Galfridum Weston generosum qui similiter presens in propria persona vocat Edmundum Clent ss Mes â—â—gium Toft nm Mol. endinum Col. nmbare Gar. dinum Terr â— Nota. If you place your parcels in Precipes according to these Verses you will never erre The Exemplification of a Recovery with double Voucher where the Parties appear in person at Bar. Pra. tum Pas tura Bos cus Brue ra Mora. Junca riâ— Maris cus Alne tum Pis caria Red. ditus Sectare priora ss CArolus Dei gratia Anglie Seotie Francâ—e Hibernie Rex fidei defensor c. Omnibus ad quos presentes litere nostre pervenerint salutem Sciatis quod inter Placita terre irrotulata apud Westm coram Thoma Richardson Milite Sociis suis Justicâ— postris de Banco de Termino S. Michaelis Anno Regni nostri tertio Rotulo vicesâ—mo continetur Sic Hertf. ss C. R. gen J. R. gen in propriis personis suis petunt versus G. C. gen unum Mesuagium c. And so set forth the whole Recovery verbatim according to the Precedent next following of a Recovery with single Voucher unto the end of these words Prout per breve illud sibi preceptum fuit c. And then conclude it thus Que omnia singula ad requisitionem predict A. tenore presentium duximus exemplificand In cajus rei Testimonium Sigillum nostrum ad Brevia in Banco predicto sigilland Deputat prefentibus apponi fecimus Teste Thoma Richardson apud Westm vicesimo octavo die Novembris Anno Regni nostri tertio You must Teste your Exemplification after the Nota. return of the Writ of Seisin But if there be not fifteen daies between the return of the Writ of Entry or the Writ of Summons and the End of the Term Then must the Writ of Seisin be returnable Indilate And the Exemplification must bear Teste the last day of the Term in which the Writ of Entry or Summons came in Observanda In every Recovery four things are principally to be regarded viz. First The Demandant who is Plaintiff in the Writ of Entry and may be called the Recoverer Secondly The Tenant of the Land who is Defendant to the Writ of Entry and in regard the Land is recovered against him he may not improperly be termed the Rocoveree Thirdly The Vouchee being that person who is vouched by the Tenant or he whom the Tenant calleth to warranty for the Lands demanded in the Count. Lastly The Land it self which is to be recovered being the subject matter of a Recovery which you must be very careful and exact to place Regularly according to the course used by the Cursâ—tors and the directions above given In a Recovery with double Voucher you must either by a Fine sur Cognizance de droit come ceo c. or by a Deed of Feoffment or Bargain and Sale inrolled or Lease and Release make him you intend to be Tenant at the time of the Writ of Entry brought For every Writ of Entry must alwaies be brought against him that must be a perfect Tenant of the Freehold of the Land demanded at the return of the Writ Because the Estate of the Tenant in Tayl which is the Vouchee is barred in respect of the Asseâ—z onely which are or may be recovered in value and of Execution sued by the Tenant against him If Tenant to a Recovery have but an Estate for life or be Tenant in Dower or by the Courtesse of England it is requisite for the strengthning of his Recovery that he make a Conditional * The form of which Surrender see at the end of this Treatise Surrender of his Estate to him in the Reversion or Remainder to the end he may be a present Tenant of the Inheritance and then to bring the Writ of Entry against him and after that the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his term notwithstanding such Surrender ss Hertf. ss C. R. generosus J. R. generosus in A Recovery with single Voucher propriis personis suis petunt versus G. C. generosum unum Mesuagium unum Toftum unum Molendinum unum Gardinum triginta acras Terre viginti acras Prati â—uadraginta acras Pasture Centum acras Bosci cum â—ertin in H. ut jus hereditatem suam in que idâ—â— Galfridus non habet ingressum nisi post disseisiâ—â—m quam Hugo Hunt inde injuste sine judicio fecit â—esatis Carolo Johanni infra triginta Annos c. Et unde dicunt quod ipsimet fuerunt seisiti de teâ—mentis predictis cum pertin in dominico suo uâ— de feodo jure tempore pacis tempore domini Regis nunc capiend inde exples ad valentiam c. Et in que c. Et inde producunt sectam c. Et predictus Galfrid in propria persona sua venit defendit jus suum quando c. Et vocaâ— inde ad warantizand Edmundum Clâ—nt qui presens est hic in Curia in propria persona sua Et gratis tenementa predicta cum pertin ei War c. Et super hoc predicti Carolus Johannes petunt versus ipsum Edmundum tenentem per warant suam tenementa predicta cum pertin in forma predicta c. Et unde dicunt quod ipsimet fuerunt seisiti in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiend inde explesias ad valentiam c. Et in que c. Et inde producunt sectam c. Et predictus Edmundus tenens per Warantiam suam defend it jus suum quando c. Et dicit quod predictus Hugo non disseisivit prefatum Carolum
of Twenty pounds per annum of good and lawful Moneys of England to be issuing and going out of the aforesaid Messuages and Premises with the Appurtenances to have hold receive and enjoy the said Annuity of Twenty pounds per annum and every part and parcel thereof unto the said C. D. his Executors Administrators and Assigns from the Feast of c. next ensuing the Date hereof unto the full end and term of One and thirty years from thence next ensuing and fully to be compleat and ended at the Feast of St. Michael the Archangel and the Annunciation of St. Mary the blessed Virgin by even and equal portions yearly to be paid during the term aforesaid And if it shall happen the said Clause of Distress yearly Rent of Twenty pounds or any part thereof to be behind or unpaid in part or in all by the space of twenty Dayes after either of the said Feasts or Dayes of payment being lawfully demanded that then and from thenceforth it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns into the said Messuages and Premises and every part and parcel thereof to enter and distrain and the Distress and Distresses there to be found and taken lawfully to lead bear drive and carry away and the same to detain and keep until he the said C. D. his Executors Administrators and Assigns shall be fully paid and satisfied the said Annuity or yearly Rent and all and every the Areres thereof c. 9. This Indenture c. Between A. B. and E. To leavie a Fine Sur concessit his Wife on the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators and for the said E. his wife covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. and E. his wife shall and will before the end of this present Term of St. Hillary leavy one Fine Sur concessit with Proclamations in due form of Law before his Majesties Justices of the Common Pleas Court at Westminstor in the County of Midds unto the said C. D. of all the Mannors c. and the Revertion and Revertions Remainder and Remainders of all and singler the premises and of every part and parcel thereof And all Rent and Rents and yearly services and other profits whatsoever reserved and payable upon every demise and demises Leases Grants and Conveyancies whatsoever made and granted of the premises or any part or parcell thereof by such name and names quantities and qualities as shall be thought meet and â— 10. This Indenture c. Between A. B. and E. To sue fortha Recovery with double voucher his wife of the first part C. D. and E. F. of the second part and G. H. on the third Part Witnesseth these presents that it is mutually and respectively covenanted and concluded by and between the said Parties to these presents And the said A. B. doth for himself his Heirs Executors and Administrators and for the said E. his wife covenant and agree to and with the said G. H. his Heirs Executors and Administrators by these presents That he the said A. H. and E. his wife shall and will on this side and before the Feast of c. Tenent to the precipe made by Fine now next ensuing leavy and acknowledg oâ—e Fine sur cognizance de droit come â—co quc ils ont de lour done c. in due form of Law with Proclamations to be had and made according to the common course of Fines in such cases used and the Statuâ—e in that behalf made and provided before the Justices of our Sovereign Lord the King of his Majesties Court of Common Pleas at Westminster or before some other competent person or persons thereunto lawfully and sufficiently authorized to the said C. D. and E. F. and their Heirs of all that the Mannor of S. in the County of B. and of all Messuages Lands Tenements and Hereditameâ—ts whatsoever which are or are reputed part or parcol of the said Mannor or belonging or appertaining thereunto by such name or names quantities qualities contents and numbers of Acres and in such manner and form as by the said G. H. his Heirs of Assigns or his or their Council learned in the Law shall be reasonably devised advised or required which said Fine so or in any other manner to be levied and acknowledged between the said Parties shall be and shall be construed reputed and taked to be to and for the use of the said C. D. and E. F. and their Heirs to the only end intent and purpose that the said C. D. and E. F. shall and may stand and be full and perfect Tenents of the Freehold of the said Mannor Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be leavied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the said Mannor Messuages Lands and Premises against the said C. D. and E. F. and their Heirs according to the true intent and meaning of these presents and the Parties thereunto 11. And it is further covenanted concluded To suffer a Recovery upon a writ of entry en le post and agreed by and between all the said Parties to these presents and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. before the Feast of c. next ensuing the Date hereof by Writ or Writs of entry Sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our said Sovereign Lord the King of the Court of Common Pleas at Westminster in the name of the said G. H. demandant against the said C. D. and E. F. being Tenents to recover to them and their Heirs in due form of Law according to the usual form of common Recoveries for assuring of Lands Tenements and Hereditaments against the said C. D. and E. F. and the surviver of them then Tenent or Tenents of the premises All and every the said Mannor Lands and Premises withal and singular their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained or thus by such name of names and under such number and contents of Acres aâ—d in such manner and form as shall be advised by the Council of the said G. H. unto which said Writ of entry Sur disseisin en le post so to be brought as aforesaid the said C. D. and E. F. shall appear gratis And then and immediately after appearance and defence made shall and will in the said action vouch to warranty the said A. B. and E. his
And the said A. â— and E. his wife shal thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear gratis and after imparlance had shall make default and depart in contempt of the Court whereby one common Recovery shall or may be had or suffered against them the said A. B. and E. his wife of and for the said Mannor according to the usual course of common Recoveries for assurance of Lands and Tenements in such Cases used aâ—d accustomed c. 19. This Indenture c. Between A. B. and An other by Tenents for life he in revertion in London E. his wife and C. D. on the one part and E. F. on the other part Whereas the said A. B. and E. his wife in right of the said E. do now hold and are lawfully 〈◊〉 to hold and enjoy for aâ—d during the natural life of the said E one Messuage c. The Revertion of which said Messuage with the Appurtenances from and after the decease of the said E. doth lawfully belong unto the said C. D. and the Heiâ—s of his Body Now Witnesseth these presents That it is covenanted granted concluded and agreed by and between the said Parties for themselves and their Heirs that the said A. B. and E. his wife and the said C. D. shall before the Feast of c. now next coming permit and suffer the said E. F. in and by a Writ of Right Patent according to the Custom of the said City of London in due form of Law with single or double Voucher or Vouchers to Recover against them the said A. B. and E. his wife and the said C. D. the said Messuage or Tenement aâ—d all other the Premisses with the Appurtenances in such manner and form as by the Council learned in the Law of the said E. F. shall be reasonably devised or advised c. 20. This Indenture made c. Between A. Another in London with double Voucher B. of London Gentleman on the first part and C. D. and E. F. Citizens and Grocers of London on the second part and G. H. and I. K. of c. on the third part Witnesseth That it is covenanted granted concluded and agreed by and between all the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said G. H. and I. K. and either of them their and either of their Heirs Executors and Administrators by these presents That he the said A. B. shall and will within one month next ensuing the Date of these presents make and execute or cause to be made and executed unto the said C. D. and E. F. a good perfect and absolute Estate in the Law in Feesimple of and in all those Messuages c. lying and being in the Parish of c. London and also of and in the Revertion and Revertions of all and singular the Premises to the end intent and purpose that the said C. D. and E. F. and their Heirs may stand and be seised of the said Premisses and become perfect Tenents of the Freehold thereof so that within two months next after the making and execution of the said Estate to them the said C. D. and E. F. as aforesaid the said G. H. and I. K. or the Survivor of them shall and may bring and pursue the Kings Majesties Writ of Right Patent out of his Highness Court of Chancery against the said C. D. and E. F. or the Survivor of them to be directed to the Major and Sheriffs of the City of London By which Writ of Right Patent the said G. H. and I. K. or the Survivor of them in the Guild Hall of the said City before the said Major and Sheriffs in the Court of Hustings according to the custom of the said City shall demand against the said C. D. and E. F. or the Survivor of them The said Messuages or Tenements and all and singular other the Premises with the Appurtenances by such names or quantities as shall be reasonably devised or advised by the Council of the said G. H. and I. K. or the Survivor of them Unto which said Writ the said C. D. and E. F. ot the Survivor of them shall appear gratis and after declaration and defence made thereupon shall vouch to warranty the said A. B who shall appear gratis and enter into the warranties and vouch over to warranty the common Vouchee who shall appear gratis and imparle and after make default in contempt of the Court whereby Judgment shall be given in the said Writ for the said G. H. and I. K against the said C. D. and E. F. and for the said C D. and E. F. to recover in value against the said A. B. and for the said A. B. to recover over in value against the said common Vouchee and Execution thereof shall be had and sued in such sort that a perfect Recovery with double Vouchers shall be had and duly executed of all and singular the Prâ—mises c. 21. This Indenture c. Between A. B. of To suffer a Recovery of Lands in Antient demeasne with double Vouchers the Tenent to the precipe being made by Fine the first part C. D. of the second part vide sect 6. of this Chapter and make such recital as is there and add the Covenant there to levy a Fine from A. B. to C. D. and then add as followeth Which said Fine so or in any other manner to be levied and acknowledged of the Premises between the said Parties shall be and shall be construed and taken to be to and for the use of the said C. D. and his Heirs to the only intent and purpose that the said C. D. may stand and be full and perfect Tenent of the said Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be levied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the Messuages Lands and Premises against the said C. D. and his Heirs according to â—he true intent and meaning of these presents and of the Parties thereunto And it is covenanted granted concluded and agreed by and between all the Parties to these presents That he the said E. F. at his own proper cost and charge shall and will before the Feast of c. now next ensuing the Date hereof purchase or cause to be purchased one or more Writ or Writs of Right Close directed to the Judges Bailiffs or others that have Power to hold Plea in suits Real arising within the said Liberty and shall prosecute the said Writ or Writs in the nature of his Majesties Writ or Writs of entry sur disseisin en le post at the common Law after the manner and course of common Recoveries there used and accustomed against the said C. D. and shall thereby demand against the said C. D. the said Messuages Lands Hereditaments and
according to the course of common Recoveries of the Mannor c. and all and every other the Premisses with the Appurtenances 6. Which Recovery so as aforesaid or in any The Uses other form to be had suffered and executed and all other Recoveries to be had suffered and executed by and between the said Parties or any of them of the said Mannor and Premises before the said Feast of c. and the Recoverors in and to the said Recovery and Recoveries shall immediately from and after the suffering and executing thereof stand and be seized of the said Mannor and Premises to the uses intents and purposes hereafter specified expressed and declared and to none other use intent or purpose whatsover That is to say to the use of c. Or thus And it is covenanted granted concluded and agreed by and between all the said Parties to these presents that the said Recovery so to be had and executed as aforesaid and every common Recovery with Vouchers before the said Feast of c. to be suffered by the said C. D. and E. F. or the survivor of them of the said Mannor and Premises and of every or any part thereof by what names or additions soever the same shall fortune to be had or suffered immediately from and after the Execution thereof shall be and the Person or Persons who shall thereby Recover the Premises or any part thereof and his or their Heirs after such Execution shall stand and be seized of the said Mannor and Premises or such part thereof as shall be recovered as aforesaid to the use of c. Or thus And it is covenanted granted and concluded by and between all the said Parties to these presents And either of the said Parties doth by these presents covenant grant conclude and agree to and with the other in maner and form following That the said G H. and K. immediately from and after the said Recovery had and Executed as aforesaid shall stand and be seized of and in the said Mannor c. and other the Premises with the Appurtenances And that the said Recovery and the force effect and execution of the Premises or any part thereof by and between the said Parties before the Feast of c. shall be and shall be adjudged deemed reputed and taken to be to the uses intents and purposes in these presents mentioned and declared viz. To the use of c 7. This Indenture made c. Between A. Upon a Recovery already had with double Voucher B. on the first part C. D. and E F. on the second part and G. H. and I. K. on the third part Whereas the said A. B. by one Indenture of bargain and sale bearing Date c. vide Sect. 5. and recite it as there And whereas afterwards That is to say in the Term of St. Hillary then next following the said G. H. and I. K. did pursue out of the said Court of Chancery one Writ of entry sur disseisin en le post against the said C. D. and E. F. returnable before the Justices of his Majesties Court of Common Pleas at Westminster whereby the said G H. and I. K did demand against the said C. D. and E. F. the said Mannor c. as in the Recoverie to which Writ the said C. D. and E. F. did appear in proper Person and after defence made did vouch to warranty the said A. B. who did likewise appear in Person and entred into the warranty and vouched over the common Vouchee who did likewise appear in person and entred into the warranty and after make default whereby several Judgments were had according to the course of common Recoveries used in the said Court of Common Pleas. 8 Now witnesseth this present Indenture And The uses it is hereby declared and expressed that the true intent and meaning of all the said Parties to these presents before and at the Time of suffering the said Recovery was and ever since hath been and yet is that the said Recovery and the whole execution thereof should and for ever hereafter shall be and inure And the said Recoverors and their Heirs shall for ever hereafter stand and be seized of and in the said Mannor c. and all and every the Premises before mentioned with the Appurtenances To the use of c 9. And the said A B. C. D. and E. F. for Release of Errors sometimes used them and every of them their and every of their Heirs do and for every of them doth by these presents remise and for ever quit claim unto G. H. and I. K. and their Heirs and all and every Person and Persons whatsoever that shall or lawfully may have any Estate Title Interest or demand of into or out of the Premises or any part or parcel thereof by force or Vertue of the said Recovery and the execution thereof and of these presents or any limitation matter or thing herein contained All and every Error and Errors Writ and Writs of Error misprisions misentries and other cause and causes of Writ or Writs of Error which they the said A. B. C. D. and E. F. or any of them their or any of their Heirs have or hereafter may or ought to have for or by reason of any Error or Errors misprision misentry or other defect whatsoever in or about or any way touching or concerning the said Recovery or any proceeding or prosecution thereof 10. This Indenture made Between A. B. and Another upon Recovery with double Voucher already had E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. on the third part Whereas the said A. B. and E. his wife did in Michaelmas Term last levy and acknowledg one Fine sur cognizance de droit come câ—o c. in the Court of Common Pleas at Westminster unto the said C. D. and E. F. of all that Messuage and Lands c. to the intent and purpose that the said C. D. and E. F. might be Tenents of the Frehold of the said Messuage Lands and Premisses and that a Writ of entry sur disseisin en le post might be brought and prâ—secuted against them to the end that a common Recovery might be had of all and singular the said Messuage Lands and Premisses according to the form of common Recoveries had used and accustomed And whereas a common Recovery hath been sithence had in and by a writ of entry sur disseisin en le post of the Premisses against the said C. D. and E. F. by the said G. H. and I. K. Wherein the said C. D. and E. F. did vouch to waâ—ranty the said A. B. who thereupon entred into the warranty and over to warranty the common Vouchee who likewise appeared and entred into the warranty and after made default whereby several Judgments were had according to the use of common Recoveries with double Vouchers for assurance of Lands and Tenements which Recovery hath been
Remainders thereof To have and to hold the said Messuage Lands and Premisses and every part thereof with the Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever which said bargain and sale was had and made to them the said C. D. and E. F. as aforesaid to and for the only end intent and purpose that the said C. D. and E. F. might be the Tenent thereof to a Precipe against whom the Recovery hereafter mentioned in manner and form following might be had Now this Iudenture further witnesseth that it is covenanted concluded and fully agreed by and between all the said Parties to these presents for them and every of them their and every of their Heirs that before the end of Trinity Term now next ensuing there shall be one Recovery in the nature of a common Recovery for Lands Tenements and Hereditaments in such cases used and accustomed and executed in his Majesties said Court of Common Pleas by or in the name of the said G. H. and I K. demandant against the said C. D. and E. F. Tenents of the said Messuage and Lands with the Appurtenances who shall vouch to warranty the said A. B. who being vouched shall appear gratis and enter into the warranty and vouch over the common Vouchee and the said common Vouchee shall thereupon appear also and enter into the warranty and afterwards make default to the end that one perfect common Recovery shall and may be of the said Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries in such cases used 16. And it is covenanted concluded and fully The Uses agreed by and between all the said Parties to these presents respectively for them and every of them their and every of their Heirs that the said Fine and Recovery so to be had levied suffered and executed as aforesaid as touching and concerning all and every the said Mannor or Lordship of M. and the said Messuage or Tenement in B. and the several Lands Tenements and Hereditaments before mentioned whereof the said Fine and Recovery were severally and respectively had levied and suffered as aforesaid And all and every other Fine and Fines Recovery and Recoveries to be had of the said Mannor and other the Premisses thereunto belonging and of the said Messuage and Lands and other the Premisses before mentioned to belong thereunto by and between the said Parties or any of them before the end of the said Term of the Holy Trinity shall be and inure and as well the said Cognizees as the said Recoverors and their several and respective Heirs shall severally and respectively stand and be seized of all and every the Premisses to the uses intents and purposes and under the Provisoes conditions and limitations herein after mentioned and expressed and to no other use Another upon a Fine and Recovery of several things already had intent or purpose whatsoever 17. This Indenture c. Between A. B. and E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Whereas in the Term of c. last past a Fine â—ur cognizancr de droit come cco c. with Proclamations according to the Statute in such case made and provided was levied between the said C. D. and E. F. plaintiffs and the said A. B. and E. his wife deforciants of the Mannor of c. by the name of c. And whereas the said G. H. and I. K. did in the said Term by Writ of entry sur disseisin en le post recover against the said C. D. and E. F. one Messuage in B. c. by the name of c. in which Recovery the said C. D. and E. F. did vouch to warranty the said A. B. who thereupon entred into the warranty and vouched over the common Vouchee proceeding in all things therein according to the form and order of common Recoveries for assurance of Lands Tenements and Hereditaments used and accustomed as in and by the several Records of the said Fine and Recovery remaining in his Majesties Court of Common Pleas reference being thereunto had more fully and at large it doth and may appear Now witnesseth this present Indenture that the true intent and meaning of the said A. B. and E. his wife and of the Cognizees and Parties to the said Fine and also of the said Recoverors and Parties to the said Recovery and of all and every Parties to these presents before and at the several and respective Time and Times of the acknowledging and levying of the said Fine and of the suffering of the said Recovery for and concerning the said Mannor Lordship Messuage Lands Tenements Hereditaments and Premisses whereof the said Fine and Recovery were severally and respectively levyed suffered and had as aforesaid alwaies was and yet is that as well the said Fine as Recovery and all and every Fine and Fines Recovery and Recoveries of the said Mannor of M. c. and Messuage and Lands in B. and all other the Premisses with the Apurtenances respectively at any Time formerly had levied suffered or executed whereunto the said A. B. and E. his wife or the said A. B. singly was and is in any wise Party and all and every the executions of the same should and shall be and inure to the uses intents and purposes and under the provisions conditions and limitations hereafter in these presents expressed limitted and declared And that the said Recoverors and either of them and all the Parties to the said Recovery and their Heirs and all other Person and Persons and his and their Heirs who then were and now are or hereafter shall be seized of the said Messuage Lands Hereditaments and Premisses contained in the said Recovery should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the uses purposes and intents hereafter expressed And that the Cognizees of the said Fine and either of them and all the Parties to the said Fine and the Heirs of them and every of them and all and every other Person or Persons and his and their Heirs who at the Time of levying of the said Fine were or now are or herafter shall be seized of the said Mannor c. Lands Tenements Hereditaments and Premisses comprized in the said Fine and every of them should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the uses intents and purposes hereafter in these presents expressed and to no other use intent or purpose whatsoever That is to say To the use and behoof of c. 18. This Indenture c. Between A. B. of Upon a Fine Recovery and other conveiances to be bad the one part and C. D. and E. F. of the other part Winesseth That the said A. B. in consideration c. set down the grounds
or touching the rebuilding of the City of London and of and from all such Actions Suits Charges troubles and damages which he the said A. B. his Executors Administrators or Assigns may happen to incur or be put unto or sustain for or by reason thereof 28. In consideration of which said Work Payment for the Building Materials and Buildings to be done and performed in manner and form aforesaid the said A. B. for himself his Executors Administrators and Assigns doth Covenant and promise to pay and satisfie unto the said C. D. and E. F. their Executors Administrators and Assigns after the rate and price of sixty four pound the square for every square of the said Building the said money after the rate aforesaid to be paid as followeth that is to say When the Floor over the said Cellar is laid fifty pound thereof when the next Floors up one pair of Stairs are laid fifty pound more thereof when the next Floors over that up two pair of Stairs are laid fifty pound more thereof c. as to the rest and when all the said Work and Building shall be wholly done and finished in all things according to the true meaning of these presents all the remaining money that shall be due for the same at the rate of sixty four pound the square as aforesaid In witness FINIS A Table of the several Chapters and Sections contained in this Book CHAP. 1. Observations touching Conveyances in general Sect. 1 2 3 4 5 6 7 8 9. Chap. 2. The forms of setting forth the Grounds and Considerations of a Conveyance or Settlement c. Money in part paid and in part secured Sect. 1. Barring an Estate Tayl Sect. 2. Natural life Preferment of Children Sect. 3 4. Settlement on collateral Heirs Sect. 5. A Marriage to be had and settlement of a Joynture Sect. 6 7. Performance of an Agreement Sect. 8. Payment of Debts Sect. 9. Chap. 3. Containing several Covenants To levy a Fine by Husband and Wife Sect. 1 2. By several Persons severally interessed Sect. 3. In the County of Lancaster Sect. 4. Of Chester and Lancaster Sect. 5. In ancient Demesn Court Sect. 6. With a Render for years Sect. 7. With Render of a Rent Sect. 8. A Fine sur concessit Sect. 9. To sue forth a Recovery with double Voucher Tenant of the Precipe being made by Fine Sect. 10. By Bargain and Sale Sect. 12 13 14. A Recovery of Lands in several Counties Sect. 15. A Recovery in London Sect. 20. In ancient Demesn Court Sect. 21. A Recovery with single Voucher Sect. 16 17. By a Man and his Wife Sect. 18. By Tenant for life and be in Reversion Sect. 19. To make Assurance of Lands Sect. 23. That Tenants shall Attorn Sect. 24. To produce Writings in defence of the Title Sect. 25. To pay back Purchase-money upon Eviction Sect. 26. To pay back the Purchase-money paid in case the Purchaser dislike c. and if he like then to pay more Sect. 27. Not to claim Dower with a Release of Dower Sect. 28. The form of Covenants joyntly and severally Sect. 29. By Baron and Feme Sect. 30. Chap. 4. Provisoes to make void Estates Vpon Non-payment of Purchase-money Sect. 1. Vpon discharge of a Surety Sect. 2 3. To make void a Rent-Charge upon payment of money Sect. 4. To abate part of an Annuity upon money paid Sect. 5. Chap. 5. The forms of introducing Vses upon Fines Recoveries and other Conveyances Vpon a Fine to be levied Sect. 1 2 3. Vpon a Fine already levied Sect. 4. Vpon a Recovery to be had Sect. 5 6 12. Vpon a Recovery already had Sect. 7 8 10 11 12 13 14. A Release of Errors in the Recovery Sect. 9. Vpon a Fine and Recovery to be had the Fine being of one thing the Recovery of another Sect. 15 16. The like upon Fine and Recovery already had Sect. 17. Vpon a Fine Recovery and other Conveyances to be had Sect. 18. Vpon a Feoffment past and executed Sect. 20 24. Vpon a Covenant to stand seised Sect. 21. Vpon a Bargain and Sale and Grant of the Reversion Sect. 22. Chap. 6. The several forms of indorsing Livery and Attornment Sect. 1 2 3 4 5 6 7. Form of Attornment by Deed Sect. 8. Chap. 7. The several forms of limitation of Vses For Life For Lives of Husband and Wife and longer liver Sect. 1. To Husband for life after to Wife for life for a Joynture Sect. 2. With Proviso to make the limitation to her void upon her claim of other Lands Sect. 3. Vpon parting with her Estate Sect. 4. For years Vse for years determinable upon life Sect. 5. Vse for years to pay Daughters Portions Sect. 15. In Tayl to 1 2 3 c. Sons in remainder after an Estate for life remainder to all other Sons in Tayl according to seigniority c. Sect. 6. Another to Sons already born by name in Tayl with like remainder Sect. 7. To the Father for life remainder to Son for life remainder to Sons Wife for life in satisfaction of Dower the remainder to their 1 2 3 c. Sons in Tayl remainder to the several Sons of the Grandfather in Tayl remainder to the Heirs of the Body of the Grandfather remainder to Grandfathers right Heirs with a Proviso to preserve Estates in Tayl to Children en ventre sa mere Sect. 8 9. To the use of A. B. and Heirs Males of his Body remainder to C. B. his Brother and Heirs Males of his Body with like remainders to his other Brothers remainder to the right Heirs of A. B. Sect. 10. Other limitations in Tayl with remainder to the Heirs Males of the Body of Feoffors Father remainder to the Heirs Males of the Body of Feoffors Grandfather remainder to the right Heirs of the Feoffor Sect. 11. An Vse to the Heirs of the Body of the Wife by the Husband begotten with remainder over to the Husband Sect. 13. In Fee determinable upon a Marriage had Sect. 12. An Vse limited to one until the Heir in Tail come to full age in case the Father die while he is within age and after to the Heir Sect. 13. Another with direction for disposing the Profits in the mean time Sect. 14. The form of a limitation to preserve contingent Vses in case the particular Estate determine before they come in Esse Sect. 15. Contingent Vses Sect. 16. Chap. 8. Power given to cestuy que Use for life to make Joyntures Leases c. To make Joyntures to future Wives Sect. 1 2 3 4 5 6. To settle Lands in certain upon a future Wife for life reserving a Rent Sect. 7. The like of a third part without Reservation Sect. 8. Provision made for future Wives by way of limitation of Vse Sect. 9. To make Leases for lives or years determinable upon lives or for 21 years with or without reservation of Rent Sect. 10. To make Leases for such Terms and under such Rent as Lessor pleaseth Sect.
give or leave a sum by Will to them S. 4. To do further Acts to ratifie Covenants S. 5. To permit the Wife to make a Will S. 3 6 7. If the Lands setled in Joynture fail of the value then the Husbands Executors to make it up S. 8. To make satisfaction for what shall be evicted S. 9. To repay part of the Portion if the Wife die within three years without Issue S. 10. Chap. 18. Containing general words commonly used for passing Mannors Lands c. For a Mannor S. 1. A Mannor and Advowson S. 2. A Messuage and Lands S. 3. A Messuage in London S. 4. An Inn S. 5. A Brew-house S. 6. A Water-grist Miln S. 7 8. A Prebend S. 9. A Rectory S. 10. An Alphabetical TABLE of the Matters contained in this Book ATtornment A Covenant that Tenants shall Attorn Ch. 3. Sect. 24. The form of indorsing Attornments Ch. 6. Sect. 5 6 7. Of Livery and Attornment Sect. 9. An Attornment by a Collateral Deed Chap. 6. S. 8. Annuities and Rents Secured by way of use Chap. 9. Sect. 1 2 3. vide after in this Table Title Rents Bargain and Sale of Lands To make one Tenant to a Precipe for suffering of a Recovery Ch. 3. Sect. 13. Baron Feme Covenant by them to levy a Fine C. 3. Sect. 1 2. 7 8 9. To suffer a Recovery Ch. 3. S. 10 11. 18 19 20. The form of Covenants by Baron Feme Chap. 3. Sect. 30. Power given to Baron Feme to revoke Vses and limit New Ch. 12. S. 6 7. Charitable Uses An Annuity setled for the use of Poor people Chap. 9. Sect. 1. Condition vide Title Proviso in this Table Consideration of a Settlement or Conveyance Mony in part paid and in part secured Chap. 2. Sect. 1. Barring of an Estate Tayl c. Ch. 2. Sect. 2. Natural love raising Portions for Children Ch. 2. S. 3 4. To settle on Collateral Heirs Ch. 2. S. 5. Marriage and for a Joynture Ch. 2. S. 7. Performance of Agreement Sect. 8. Payment of Debts S. 9. Setling in Name and Bloud Chap. 2. Sect. 7. Ch. 14. S. 1. Covenants The form of Joynt and Several Covenants Ch. 3. S. 20. To levy a Fine sur Cognizance de droit c. by Husband and Wife Ch. 3. S. 1 2. By several peâ—sons severally interessed Ch. 3. S. 3. in the County of Lancaster Sect. 4. of Chester and Lancaster Sect. 5. in Auncient demesne Court Sect. 6. To levy a Fine with a Render of an Estate for years Ch. 3. S. 7. Of a Rent S. 8. A Fine sur Concessit Ch. 3. S. 9. To sue forth a Recovery with double Voucher Ch. 3. S. 10 11 12 13 14. Ch. 14. S. 8. Of Lands in several Counties Ch. 3. S. 15. in London S. 15. 20. in Auncient demesne Court Ch. 3. S. 21. in Court Baron S. 22. To sue forth a Recovery with single Voucher Ch. 3. S. 16 17 18 19. To make assurance of Lands Ch. 3. S. 23. For settlement of Lands to be purchased Ch. 15. S. 13. To permit Lands to descend Ch. 15. S. 15. That Tenants shall Attorn Ch. 3. S. 24. To produce Writings in defence of the Title S. 25. To pay back purchase Mony upon eviction Chap. 3. S. 26. upon dislike of the Purchase but if he like to pay more S. 27. Not to claim Dower Ch. 3. S. 28. To stand seized to Vses Ch. 5. S. 21. To permit the Wife to make a Will Ch. 16. S. 11. C. 17. S. 6 7. To alter the Vse limited to a Wife upon her claim of Dower Ch. 16. S. 14. That he is Owner and hath power to convey Ch. 15. S. 3 4 5. That the thing is free from Incumbrances Ch. 15. S. 6 7 8. To enjoy S. 9 10. Not to do any act to impeach a Settlement Ch. 15. S. 11. for further assurance Ch. 15. S. 12 13. To pay a Marriage Portion Ch. 17. S. 1. To pay a sum upon refusal to Marry Ch. 17. S. 2. To maintain the Young pair S. 3. To give or leave a sum to them by Will Ch. 17. S. 4. That if a Joynture fail of the value it shall be made up S. 8. To make satisfaction for what shall be evicted Ch. 17. S. 9. To pay back part of the Portion if the Wife die within three years without Issue S. 10. Debts A Vse limited for years to pay Debts Chap. 10. Sect. 1. Ch. 14. S. 6. Vse limited in Fee after Cognizors death to make sale for payment of Debts c. Ch. 10. S. 2 3. Ch. 14. S. 10. A limitation to such as shall be Executors to pay Debts Ch. 10. S. 4 5. Dower A Vse limited to the Wife in recompence of Dower Ch. 14. S. 6. Ch. 7. S. 2. c. Fcoffment Vses declared upon a Feoffment Ch. 5. S. 20 24. Ch. 16. S. 14 15 16. Fine Covenants to levy a Fine see before in this Table Title Covenants The forms of introducing Vses upon a Fine Ch. 5. S. 1 2 3 4. General Words Vsed for passing of Mannors Messuages Lands c. viz. a Mannor Ch. 18. S. 1. A Mannor and Advowson S. 2. A Messuage and Lands S. 3. A Messuage in London S. 4. An Inn S. 5. A Brew-house Ch. 18. S. 6. A Water-grist Miln S. 7 8. A Prebend S. 9. A Rectory S. 10. Joyntures Joyntures setled before and after Marriage vide the other Table in Ch. 16. Covenants used in Joyntures vide the other Table in Ch. 17. vide also in this Table Title Powers Livery and Seisin The forms of indorsement of Livery and Seisin Ch. 6. S. 1 2 3 4 5. Livery and Attornment together S. 9. Portions for Children A Vse limited for years in case of failer of Issue-male for raising Portions for Daughters Ch. 7. S. 15. Limitation for years to the Cognizees of a Fine to pay Daughters Portions Ch. 9. S. 11 12. Moneys to be paid yearly for Daughters maintenance until their Portions paid Ch. 9. S. 13. A Vse limited to the Cognizees until Daughters Portions paid or secured and after to them in remainder c. Ch. 9. S. 18 19 20. A Vse limited to Daughters to be void upon payment of their Portions or Security given for them by the Heirs males in remainder Ch. 9. S. 16 17. Power given to cestuy que Use for life to make Leases to raise Portions for Daughters Ch. 9. S. 10. To grant a Rent-Charge for raising of Portions Ch. 9. S. 21. A Portion to a younger Son secured by limitation of the Vse in the Land to him in case it be not paid Ch. 11. S. 13. Powers given to cestuy que Use for life To make a Joynture to a future Wife Ch. 8. S. 1 2 3 4 5 6 7 8. Ch. 14. S. 3. To settle a Rent for a Joynture Ch. 8. S. 5 6. To make Leases for lives or years with or without reservation of Rent Ch. 8. S. 10. That he and his Issue-male may make
Members though the greatest part of them consent thereto without the general consent of the whole Corporation may Levy a Fine for that shall not be good Corporations Spiritual as Bishops Deans and Chapters Heads and Fellows of Colleges and the like are forbidden and restrained by divers Acts of Parliament from levying any Fine of their lands belonging to them at this day but of the lands such persons have in their own Right they may levy Fines as other persons may do A Fine levyed by one Ioyntenant Tenant in Common or Partner of Lands so held by him to a Stranger another Ioyntenant Tenant in Common or Partner will be good And lastly take this general Caution concerning Cognizors in Fines That they must be such and have such an Estate in the Lands intended to be granted by Fine as they are not prohibited by any Law to levy the Fine otherwise the Fine will be void And hence it is That Bishops Deans and Chapters Prebends Parsons Vicars and the like may not levy a Fine of any Ecclesiastical Lands in which they have any Estate of Freehold in right of their Churches Houses c. for if they do it will be void after their lives Coke 11. 78. Plowd 575. 538. 375. 21 Edw. 4. 13. And hence it is that he that hath an Estate Tayl of the Kings gift of provision may not levy a good Fine of it to bind the King or the Issue in Tayl by 32 H. 8. Cap. 28. And that a Fine levyed by the heir that is an Intruder upon the Kings possession is void 1 H. 7. 5. 24 Edw. 3. 65. And hence it is that he that hath an Estate in Fee-simple of lands in the Right of his wife may not levy a Fine thereof without her and if he do she or her heirs or other person to whom the right may come may avoid it after her death 32 H. 8. Cap. 28. 12 Edw. 4. 14. Coke 6. 55. Brooke Fines 121. Concerning Cognizees in Fines you are to Wâ—o may be Cognizees in Fines know That any person that is capable of being a good Grantee in a Deed may be a good Cognizee in a Fine and may thereby have and take the thing granted by it And so any man or woman Sole or Covert of full age or under age any mad or Lunatick person Ideot or man de non sane memorie any person in or out of prison or beyond Sea any person attainted of Felony or Treason or outlawed in a personal Action a Bastard a Clerk convict an Alien any one of these may be a Cognizee and take by a Fine as well as by a Deed. And a Fine levyed to any such person is good 50 Edw. 3. 9. 3 H. 6. 42. 24 Edw. 3. 62. So Corporations Spiritual and Temporal Civil or Corporal may be Cognizees in Fines and Fines levyed to them will be good But before the Ingrossing of such a Fine there goeth alwaies a Writ to the Iustices of Common Pleas Quod permittunt Finem illum levari Note that a Fine sur Cognizance de droit come ceo c. may not be levyed to any person but one that is party to the writ of Covenant Except the Cognizee be a Demandant in a writ of Entry And so a Fine levyed by the Demandant to the Vouchee who is supposed by the Law to be Tenant to the land or from the Vouchee to the Demandant is good and yet they are not Parties to the Writ But a Fine levyed by the Vouchee to a Stranger is void Coke 3. 29. 7 Edw. 4. 13. Care must be taken in Fines that Cognizors and By what names Cognizors and Cognizees may give and take in a Fine Cognizees must be named in Fines by their right names of Baptism and Surname except they be Kings Princes Dukes Marquesses Earls Viscounts or Barons which are admitted without any surname as Jacobus Rex Angliae Carolus Princeps Walliae Johannes Dux Lancastr c. But for Knights Esquires and Gentlemen which be names of Worship and Honour their Christian name and Sur-name are alwaies expressed together with their Additions And as for the Additions of Bishop Dean Parson c. they are admitted in Fines rather out of Courtesie then necessity for the Fine may be good without them Brownlow 1. part 30. 7 H. 4. 22. 1. Ass pl. 11. 14 H. 6. 15. 21 Edw. 4. 8. 1. Ass pl. 11. But if there be two of one name it is best to distinguish them by Seniori Juniori or the like Brownlow 1. part 30. So if it be a Corporation or Fraternity to be named in the Fine care must be had that it be done by the very true name of the Corporation as it is named in the Charter and Foundation of it 11 H. 4 44. 14 H. 4. 20. 7 H. 6. 27. 37 H. 6. 29. CAP. V. Of what things Fines may be levyed and â— by what Names and how the Parcels are to be placed therein A Fine may be levyed of all things whereof a Of what things Fines may be levyed Precipe quod reddat lyeth or of which a writ of Entry may be brought It will be good of all things Ecclesiastical or Temporal that are inheritable and in Esse at the time of the levying of the Fine So a Fine may be levyed of an Honour Mannor Island Barony Castle Messuage Cottage Mill Toft Curtilage Dovâ—house Garden Land Meadow Pasture Wood Vnder-wood Chappel River Parsonage Rectory Advowson Vicaridge Tythes impropriate â—stovers Foldage Corrody Office Fishing Warren Fair Mine View of Frank-pledge Waif Stray Felons goods Deodand Hospital Furzes Heath Moor Rent Common Hundred Way Ferry Franchise Seignory Toll Tallage Picage Pontage Services Portion of Tythes Oblations and the like But a Fine levyed of Antient Demesne Lands will not be good Stat. 32 H. 8. Cap. 7. Coke 8. 145. West Symb. 2. part Anciently in levying a Fine of a Mannor it was By what Names things may be levyed in Fines Manerium usual to add to it or explain it by the words Demesns Rents Seigniories Courts Pleas c. And such Generals whereof it consisted but this way is altered and now it passeth by the name of Manerium cum pertinentiis 3. Inst 513. That things passed in Fines must be set down by their Nature and quality as Land Meadow Pasture c. and by the place where they lye there must be apt words used to express the thing named to pass by the Fine For a Fine levyed de tenemento or de hereditamento or de duobus tenementis for the uncertainty of the thing and unaptness of the words is void or voidable at least for Error Crooke 1. 196. Leon. Rep. 188. for the proper word to express a Tenement or Hereditament in a Fine Messuagium is Mesuagium and a Fine levyed de uno mesuagio or duobus mesuagiis is good That one Mannor may be parcel of another Mannor and pass by the name of that Mannor 20 Ass
cum pertin prefat Edwardo Roberto hered ipsius Edwardi contra omnes homines imperpetuum Et pro hac Recogn Remissione quier clam Fine Concordia iidem Edwardus Robertus concesserunt predicte Marie quandam Annuitatem sive annualem redditum duodecim librarum exeun de predict Manerio tenementis cum pertin Habend tenend annuatim percipiend predictum annualem redditum duodecim librarum prefate Marie Assign suis ad Festa Sancti Michaelis Archangeli vel Annunciationis beate Marie Virginis prox immediate sequen post mortem predicti Willielmi pro durante vira naturali ejusdem Marie ad duos Anni terminos viz. Sancti Michaelis Archangeli Annunciationis beate Marie Virginis per equales portiones Annuatim solvend in plena Recompensatione totius talis Juncture sive dotis que iidem Marie contingere debeat de aliquibus terris tenementis predicti Willielmi Palmer Et si contingat predictum Annualem redditum duodecim librarum vel aliquam inde parcellam aretro fore post aliquod Festum festorum predictorum in quo sive quibus ut prefertur solvi deberet per prefat Willielm insolut quod tunc toties bene licebit eidem Marie Assign suis in predicta Maneria tenementa cum pertin sive in aliquam parcellam inde intrare distringere districtionesque sic ibid. capt licite abducere effugare penes se retinere quousque de predicto annuali redditu duodecim librarum ac de qualibet inde parcella una cum arreragiis ejusdem si que fuerint plenarie satisfact fuerint persolut Et ulterius iidem Edwardus Robertus concesserunt predicto Willielmo Maneria tenementa predicta cum pertin illa ei reddiderunt in eadem Curia Habend Tenend predictum Manerium tenementa cum pertin prefato Willielmo â—eredibus suis imperpetuum Tenend de Capital dominis feodi illius per servicia que ad predictum Manerium tenementa pertinent imperpetuum Sect. XIII A Fine sur done Grant with render of the Premises to one of the Cognizors for 21 years to Commence after the death of Tenant for life the Reversion to the other Cognizees and their Heirs Essex ss PRecipe Willielmo King Katharine uxori ejus Simoni Smith quod juste c. teneant Johanni Smith Thome Hill Conventionem de tertia parte unius Mesuagii unius Horrei unius Gardini quadraginta acrarum Terre duarum acrarum Prati trium acrarum Pasture cum pertin in H. M. Et nisi c. ET est Concordia talis scilicet quod predict Willielmus King Katharina Simâ— recogn tertiam partem predict cum pertin esse jus ipsius Johannis ut illa que iidem Johannes Thomas habent de dono c. Release and Warranty ut supra Et pro hac c. iidem Johannes Thomas concesserunt predicto Simoni tertiam partem predictam cum pertin ill ei reddiderunt in eadem Curia Habend tenend eidem Simoni à Festo Sancti Michaelis Archangeli vel à festo Annunciationis beate Marie Virginis quod prius prox contigerit vel erit post mortem cujusdam Elizabethe modo uxoris Willielmi T. nuper uxoris Richardi S. defunct usque ad finem terminum viginti unius Annorum extunc prox sequen plenarie complend finiend reddendo inde annuatim predictis Thome Johanni heredibus ipsius Johannis duodecim denarios ad festa Annunciationis beate Marie Virginis Sancti Michaelis Archangeli per equales portiones solvend Et si contingat predictam Annuitatem sive Annualem redditum 12d in parte vel in toto post aliquod Festum festorum predictorum recite the clause of Distress ut supra usque satisfact persolut Et â—lterius concesserunt predicti Johannes Thomas Hill predictis Willielmo King Katharine Reversionem tertie partis predicte cum pertin redditum predictum superius reservat Et illa eis reddiderunt in eadem Curia Habeâ—d tenend eisdem Willielmo King Katherine heredibus ipsius Katharine imperpetuum Tenend de Capitalibus dominis feodi illius per servicia que adinde pertinent imperpetuum Sect. XIV A Fine sur Concessit by Baron and Feme she being Tenant for life where the Lands are granted during the life of the Woman to the Cognizee Lincoln ss PRecipe Richardo Smith generoso Katherine uxori ejus quod juste c. teneant Thome Herd Conventionem c. de uno Mesuagio quaâ—â—or acris Terre tribus acris Prati sex acris Pasture cum pertin in E. Et nisi c. ET est Concordia talis scilicet quod cum predicti Richardus Katherina habent renent ut in jure ipsius Katherine pro termino vite ejusdem Katherine tenementa predicta cum pertin revertione inde post decessum dicte Katherine Marie Royden heredibus suis spectan â—idem Richardus Katherina concesserunt predicto Thome Herd tenementa predicta cum pertin Et totum quicquid in predictis tenementis cum pertin habent in eadem Curia reddiderunt Habend â—enend eidem Thome assign suis durante tota viâ—a dicte Katherine tenend de Capitalibus dominis feodi illius per servicia que adinde pertinent imperpetuum Et predicti Richardus Katherina warant predicto Thome Assignatis suis renementa predict cum pertin sicut predictum est contra omnes homines imperpetuum Et pro hac c. Sect. XV. A Fine sur Cognizance de droit of Lands which the Cognizee hath part in Possession and are granted to him in Fee for ever the residue being in Lease for life the Cognizor grants to him the Reversion after the death of Tenant for life Lincoln ss PRecipe Henrico Headlam quod juste c. teneat Arthuro Calverly Conventionem c. de uno Mesuagio quatuor Cottagiis quatuor Toftis uno Collumbar tribus Gardinis Centum quatuor acris Terre quadraginta acris Prati viginti acris Pasture duabus acris Bosci viginti acris Jampnorum Bruere viginti acris Marisci cum pertin in Scawby c. ac de libera Piscar in aqua de Antolne Et nisi c. ET est Concordia talis scilicet quod predictus Henricus recogn tenementa predicta cum pertin esse jus ipsius Arthuri de quibus idem Arthurus habet unum Mesuagium duo Cottagia duo Tosta unum Gardinum octoginta acras Terre viginti quatuor acras Prati viginti acras Pasture duas acras Bosci viginti acras Jampnorum Bruere viginti acras Marisci parcell tenementorum predictorum cum pertin de dono predicti Henrici Et illa remisit quiet clam de se heredibus suis prefato A. heredibus suis imperpetuum Et concessit pro se heredibus suis quod duo Cottagia duo Tofta
suggests the Cognizor is dead and pray's a Scire facias against his heir ET super hoc iidem Richardus Jana dicunt quod pred Johannes Law in fine pred nominat mortuus est quodque Elizabetha Law est filia heres predict Johannis Law cui stat in feodo simplici de in Manerio Tenementis predictis cum pertin per finem pred concessus fuit Quodque eadem Elizabetha est modo uxor Alex. Page Et pet brev domini Regis ad premuniend predictos Alex. Eliz. essendi coram domino Rege auditur Record processum predict ei conceditur c. Ideo precept est Vic. Essex quod per probos c. scire fac pred Alex. Eliz. quod sint coram domino Rege apud Westm A die Pasche in quindecim dies ubicunque c. auditur Recordum processum pred si c. Et ulterius c. Idem dies dat est prefat Richardo Jane ibidem c. Ad quem diem coram domino Rege apud Westm ven pred Richardus Jana per Attorn suos pred Et Vic. videlicet A. B. modo mand quod ipse virtute brevis predict sibi inde direct scire fecit prefat Alex. Elizabethe essendi coram dict domino Rege apud Westm. ad diem locum predict prout sibi per brev pred precept fuit per M. R. J. D. probos c. qui quidem Alex. Elizabeth sic premuniti quarto die placiti solempnit exact per J. B. Attorn suum similiter ven super quo pred Richardus Jana ut prius dicunt quod in Recordo processu pred acetiam in levatione finis predict manifeste est Errat allegando Errores predict per ipsos in forma pred allegat Et pet quod finis pred ob errores illos alios in Recordo processu predict compertos revocetur adnulletur penitus pro nullo habeatur Et quod ipsi ad omnia que ipsi occasione finis pred amiser restituantur c. H. 26 Eliz. Rot. 93. in Banco Regis CAP. XI The Charges of a Fine acknowledged either before the Lord Chief Justice at the Bar or before a Judge of Assize or Commissioners in the Countrey by Dedimus Potestatem Sect. I. The Charges of a Fine acknowledged before the Lord Chief Justice are as follow   s. d. DRawing the Precipe and Concord 0 3 4 Acknowledging thereof before the Chief Iustice 0 11 8 Writ of Covenant 0 3 0 Imposition upon the Writ of Covenant 0 0 6 For the Kings Fine according to the value of the Land Imposition thereupon accordingly  The several Fees at the Alienation Office 0 2 4 Warant of Attorney making and filing 0 0 4 Paid at the Inrollment Office 0 2 0 To the Custos Breviâ—m 0 3 8 To the Kings Silver-Office in Term time 0 0 10 If out of the Term 4d more if taken before the Chief Iustice but if by Dedimus you pay 0 1 8 To the Chirographer in Term time and 6d more after 0 5 8 For the Indentures to the Chirographers Clerks for the first warranty 0 3 6 For every Warranty afterwards 0 0 6 Attorneys Fee 0 6 8 Sect. II. The Charges of a Fine acknowledged at the Bar.  l. s. d. TO a Sergeant at Bar 0 3 4 To the second Prothonotary or his Clerk in Court for Recording the Fine 0 1 4 Fees paid in Court to the Box and Officers 0 0 6 In all things else the Fees are the same of a Fine acknowledged at Bar as if it had been taken before the Lord Chief Justice Sect. III. The Charges of a Fine acknowledged before Commissioners in the Country by special Dedimus potestatem TO the Cursitor for the Dedimus with Imposition 1 4 8 To a Iudge for his hand or Allocatur in case a Knight be not present at the Caption 0 4 0 But when a Knight is present you need not a Iudges hand    The rest of the Fees are the same in this Case as when acknowledged before the Lord Chief Justice Sect. IV. The Charges of a Fine taken before a Judge of Assize   s. d. IN this case the Charges are the same as when acknowledged before the Lord Chief Iustice the Fee for the Caption being also 0 11 8 Onely you pay to the Cursitor for a Dedimus potestatem 0 9 6 The rest of the Fees are as Sect. the first ARCANA CLERICALIA OR A Treatise OF Common Recoveries UPON WRITS of ENTRY IN le Post WITH Notes and Observations thereupon AND A TABLE of Fees Printed Anno Dom. 1673. Arcana Clericalia OR A Treatise OF Common Recoveries UPON Writs of Entry In le Post A Common Recovery defined A Common Recovery is onely fictio Juris or a Conveyance by consent used for the better assuring of Lands and Tenements upon any man wherein the Recovery in value the supposed Recompence for him which loseth his land is but a fiction in Law And this Recovery by assent is now by custome become a Common Assurance and Conveyance upon which Vses may be limitted and raised Coke 1 part Sir William Pelhams Case 14. But there is a great difference between a Recovery by assent and a Recovery without assent of the Parties Vide 14. El. Cap. 8. The former definition explained IF any person have a desire to render himself capable of disposing of Lands or Tenements which are intayled upon him and would be enabled to sell give or bequeath them as he pleaseth the course is to procure some friend to bring a Writ against him for this Land or in case where he doth sell the Land perhaps he that buyeth it or is to have it setled upon him shall bring the Writ against him that is to make the Assurance of the Land if it be with a single Voucher And in this case the Demandant being Plaintiff in this Action doth suppose that the Tenant or he against whom the Writ is brought hath no right to the Land but that he onely viz. the Demandant hath right thereunto and that the Tenant came to the Land wrongfully by means of one Hugh Hunt a stranger therein named And to this Writ the Tenant doth appear either by Attorney or in person and then doth enter into defence of the Land but in Pleading doth vouch to warant such a man from whom or his Ancestors the Lands in question are supposed to come to him or his Ancestors the Ancestor of which third person obliging himself and his heirs by Conveyance to warant and make good the Title to him or them to whom it was Conveyed and thereupon he prayeth that this Vouchee or third person may be called into Court to defend this Title whereupon being called he doth appear and seem to defend the Title denying that the Tenant came to the land wrongfully by means of the aforesaid Hugh Hunt upon which he takes Issue
illius sibi directi nono die Februarii ult preterito habere fecit prefato Josepho plenariam seisinam de tenementis predictis cum pertinentiis prout per breve illud sibi preceptum fuit c. The Writ of Seisin must be retornable at the least fifteen daies after the retorn of the Writ of Entry but if the Writ of Entry be retornable towards the latter end of the Term so that there be not fifteen daies between the retorn of the Writ of Entry and the end of the Term then the Writ of Seisin must be retornable Indilate as in the Entry next before And the Writ of Seisin must alwaies bear Teste of the retorne of the Writ of Entry And so it is also if the Recovery come in by Summons the Writ of Seisin must haâ—e the like proceedings after the Writ of Summons Observanda In a Recovery with treble Voucher are included What a Recovery with treble Voucher is Four Recoveries The first by the Demandant against the Tenant The second by the Tenant against the first Vouchee The third by the first Vouchee against the second Vouchee And the fourth by the second Vouchee against the Common Vouchee The scope of a Common Recovery with treble The scope and intent of a Recovery with treble Voucher Voucher is to make a perpetual Bar of the Estates of the Tenant and of every such Estate of Inheritance as at any time had been in the first or second Vouchee or any of them or either of their Ancestors whose Heirs he or they are of such Estate and as well of every Reversion thereupon dependant as also of all Leases Estates Charges and Incumbrances derived out of any such Reversion or remainder ss CArolus secundus c. Rex Vicecomiti S. salutem A Writ of Summons to Warranty Sum. per bonos Sum. W. L. quod sit coram Justic nostris apud Westm à die Sancti Michaelis in tres Septimanas ad war E. G. tria Mesuagia cum pertin in Villa S. que J. J. in Curia nostra coram Justic nostris apud Westm clam ut jus suum versus presat E. per breve nostrum de Ingressu super disseisinam in le Post Et unde idem E. in eadem Curia nostra voc predictum W. sum in Comtuo ad War versus eum Et habeas ibi sum hoc breve Teste Jehanne Vaughan apud Westm decimo die Junii Anno regni nostri vicesimo terâ—io Observanda The Writ of Summons must be retornable â—ive Retorns inclusive after the retorn of the Writ of Entry as for Example If the Writ of Entry be 17 Ca. 1. cap. 6. before which Statute there ought to have been nine Reterns between the Teste and return of every Writ retornable Quindena Pasche then the Writ of Summons must be retornable Cras Ascensionis being the fifth retorn inclusive from Quindena Pasche And you are to observe that Crastin Ascensionis domini was no retorn which could be used as to Recoveries or any other real Action until by the said Statute 17 Ca. 1. 6. it was made a good and perfect Retorn So if the Writ of Entry be retornable Crastino How the Writ of Summons must bear Teste Martini the Writ of Summons must bear Teste from that retorn of Crastino Martini and be retornable five Retorns after Inclusivè that is to say accounting Crastino Martini for one of the five Retorns and Quinden Hillarii which is the fifth Retorn after Crastin Martini for another And the How the Writ of Seisin must be retornable and bear Teste Teste of the Writ of Seisin must be the Teste day of that fifth Retorn and be retornable Indilate because there are not fifteen daies within Hillary Term after Then the Writ of * How to return the Writ of Seisin Seisin may be retorned that Seisin was delivered by virtue thereof to the Demandant by the Sheriff of the County where the Lands lye upon any day not being Sunday between the Teste and the end of the Term from which day and the end of the Term by possibility the Sheriff might come from the land to Westminster before the rising of the Court. If a Recovery be with single Voucher the Precipe Notanda Vpon a Recovery with single Voucher must be brought against the Tenant in Tayl in possession and he to Vouch the Common Vouches If with †Vpon a Recovery with double Voucher Entry of a Wrâ—â— of Summons to Warranty double Voucher a Writ of Covenant must be brought against the Tenant and a Writ of Entry against the Cognizee of the Fine who must Vouch the Tenant in Tayl then the Writ of Covenant must be Teste and retornable before the Writ of Entry and this is called a double Voucher ss J. J. in propria persona sua petit versus E. G. Armigerum tria Mesuagia tria Gardina quadraginta acras Terre quinquaginta acras Prati sexaginta acras Pasture quadraginta acras Bosci Centum acras Jampnorum Bruere cum pertin in R. vt jâ—s hereditatem suam Et in que idem E. non habet ingressum nisi post disseisinâ—m quam Hugo Hunt inde injuste fine judicio fecit prefato J. infra triginta Annos c. Et unde dicit quod ipsemet fuit seisitus de tenementis predictis cum pertinentiis in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiendo inde explesias ad valentiam c. Et in que c. Et inde producit sectam c. Et predictus E. per C. D. Attornatum suum venie defendit jus suum quando c. Et vocat inde ad warantizandum W. L. sum in Comitatu predicto habeat eum hic a die Sancti Michaelis in tres septimanas per Auxilium Curiae c. idem dies datus est partibus predictis hic c. Salop. ss J. J. in propria persona sua Pet. versus Entry of a Recovery with double Voucher by Summons E. G. Armigerum tria Mesuagia tria Gardina c. cum pertin in R. ut jus hereditatem suam Et in que idem Edwardus non habet ingressum nisi post disseisinam quam Hugo Hunt inde injuste fine judicio fecit prefato Johanni infra triginta Annos c. Et predictus Edwardus per C. B. Attorn suum venit Et alias vocat inde ad War W. L. qui modo per sum ei in Comitatu predicto factam per C. G. Attorn suum fimiliter venit Et gratis Tenementa predicta cum pertin ei War c. Et super hoc predictus Johannes pet versus ipsum W. tenen per War suam tenementa predicta cum pertin in forma predicta c. Et unde dic quod ipsemet fuit seisitus de tenementis predictis cum pertin in dominico
parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant grant and agree to and with the said C. D. and E. F and either of them their or either of their Heirs Executors and Administrators by these presents that he the said A. B. shall and will at the next Assizes or general great Sessions for Pleas to be holden at Lancaster before the Justice or Justices of our Soveraign Lord the King there for the time being levie and acknowledg one Fine Sur cognizance de droit come ceo c. with Proclamations thereupon to be had in due form of Law unto the said C. D. and E. F. and their Heirs of and in all and singular those Several Mossuages or Tenements c. by the name of three Messuages two Gardens two Acres of Land twenty Acres of Meadow and fourty Acres of Pasture with the Appurtenances in B. in the County of Lancaster aforesaid c. 5. This Indenture made c. Between A. B. on To levie Fines in the Counties of Chester and Lancaster the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving hath covenanted granted and agreed and by these presents doth for him his Heirs Executors and Administrators covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presents That he the said A. B. shall and will before the Feast of c. next ensuing the Date of these presents in due form of Law acknowledg and levie two or more Fines sur cognizance de droit come ceo c. with proclamations within the Counties Palatine of Chester and Lancaster before the Kings Majesties Justices of Assize or before some other Person or Persons in that behalf lawfully and sufficiently authorized unto him the said C. D. and his Heirs of all that c. The one part being in the County of Chester the other in the County of Lancaster by such Name or Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel Learned in the Law shall be reasonably advised or required c. 6. This Indenture c. Between A. B. of the To levle a Fine in a Court of Ancient Demesne one part and C. D. of the other part Whereas the said A. B. is the Day of the Date of these presents lawfully seized of an Estate of Inheritance to him and the Heirs Males of his body of and in divers Messuages Lands Tenements and Hereditaments within the Liberty of H. at B. in the County of E. hereafter in these presents particularly mentioned Now witnesseth these presents that the said A. B. for divers good Causes and Considerations him hereunto especially moving and for the settling c. doth for himself and his Heirs covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presentâ— That he the said A. B. at his own proper Cost and Charges shall and will in due form of Law before the Feast of c. next ensuing the Date of these presents acknowledg and levie one Fine in the Court of Ancient Demesne within the said Liberty of H. at B. according to the course and common usage for levying of Fines for Lands and Hereditaments within the said Liberty unto the said C. D. of all those Messuages Lands c. by the Name of three Messuages three Gardens fourty Acres of Land c. in H. at B. aforesaid or by such other Name or Names as shall be thought meet c. 7. This Indenture c. Between A. B. and E. To levie a Fine with a Render of an Estate for Years his wife on the one part and C. D. on the other part Witnesseth That for divers gâ—od causes and considerations it is covenanted granted concluded and agreed by and between the said Parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next ensuing at the Cost and Charges of the said C. D. his Executors and Administrators one Fine with Proclamations in due from of Law shall be levied and acknowledged between the said Parties to these presents in manner and form following of one Messuage with the Appurtenances in the Parish of c. and two other Messuages c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances for which Remise Release and Quitclame the said A. B. and E. his wife shall by the said Fine Render the said The Render Messuages and Premises with the Appurtenances unto the said C. D. his Executors Administrators and Assigns to have and to hold the same unto the said C. D. his Executors Administrators and Assignes from the Feast of the Nativity of St. John the Baptist next ensuing the Date hereof for during and until the full end and term of One and Twenty years from thence next ensuing and fully to be compleate and ended Yielding and paying therefore yearly and every year unto the said A. B. and E. his wife their Heirs Executors and Assigns respectively during the said term the yearly Rent or Sum of Five pounds of lawful Moneys of England at Four the most usual Feasts in the year that is to say c. or within thirty Days after either of the said Feasts with Several Covenants to be added as is usual in I eases 8. This Indenture c. Between A. B. and E. Another with a Render of a Rent his wife on the one part and C. D. on the other part Witnesseth That for divers good Gauses and Considerations it is covenanted granted concluded and agreed by and between the said parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next coming at the Cost and Charges of the said C. D. hiâ— Executors and Administrators One Fine with Proclamations in due form of Law shall be levied of certain Messuages c. levied and acknowledged by and between the said parties to these presents by the Names of c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances For which Remise Release and Quitclaim the said The Render A. B. and E. his wife shall by the said Fine grant and render unto the said C. D. his Executors Administrators and Assigns one Annuity or yearly Rent
their former Estate Any thing herein before contained to the contrary thereof in any wise notwithstanding 3. This Indenâ—ure c. Between A. B. of the one An other to secure from suertiship part and C. D. of the other part Whereas the said C. D. at the request and for the only and proper Debt of the said A. B. is and standeth bound together with and for the said A. B. in and by several Bonds and other Writings obligatory in a Schedule hereunto annexed particularly mentioned for several Sums of Money to several Persons in the said Schedule likewise mentioned Now witnesseth these presâ—nts That the said A. B. for the better security of and saving harmless and indempnified the said C. D. his Heirs Executors and Administrators and his and their Lands Goods and Chattels of and from the said several Engagements and for their good Causes and Considerationâ— hath c. let there be a Feoffment Bargaine and Sale c. Provided always and upon condition That if the Proviso said A. B. his Heirs Executors or Administrators shall and do well and truly satisfie and pay or cause to be well and ttuly satisfied and payed all and every the said Sum and Sums of Money for the payment whereof he the said C. D. is and standeth bounden with and for the said A. B. as aforesaid in the said Schedule mentioned according to the several effâ—cts and purports of the said Writings obligatory and deliver or cause to be delivered up unto the said C. D. hiâ— Executors or Administrators all and every the seveâ—al Bonds and Writings obligatory to be cancelled or else sufficient Releases and Discharges touching or concerning the same and that within one Month after the several and respective Sums of Money therein mentioned shall severally and respectively become due and payable That then and from thenceforth c. as in the former precedent Sect. 2. 4. Provided always and it is the true intent Proviso to make void a Rent charge granted in Fee upon payment of money and meaning of the said parties to these presents That in case the said A. B. his Heiâ—s or Assigns or any of them shall be minded or determined to purchase out redeem or discharge his said Lands and Tenements of and from the said Rent charge and shall by the space of six Months before any Feast of St. Michael the Archangel give knowledg and notice of such his mind and determination unto the Person or Persons of the said C. D. his Heirs or Assigns or any of them or shall by the said space openly leave to or for the said C. D. his Heirs or Assigns at the now dwelling House of the said C. D. any Writing or Note signifying such his determination and purpose And also shall and do at the Feast of the Annunciation next following after such Notice given or left as aforesaid pay or cause to be paid unto the said C. D. his Heirs or Assigns the full Sum of c. of lawful Moneys of England together with all the Arerages of the said Annuity or Rent-charge if any shall be that shall be behind or unpaid on the said Feast of Annunciation at one entire payment that then and immediately from and after the payment of the said Sum of c. and Arrerages aforesaid if any shall be the said Annuity or Annual Rent-charge of c. by the year and these presents and every Covenant Article and thiâ—g therein contained shall cease determine and be utterly void Any thing in these presents contained to the contrary thereof in any wise notwithstanding 5. Provided always And it is covenanted concluded a part upon money paid Another to abate in and agreed by and between the said Parties to these presents That if the said A. B. his Heirs Executors Administrators or Assigns upon six Months warning thereof in writing under his or their hands before hand to be given by the said A. B. his Heirs Executors Administrators or Assigns unto the said C. D his Heirs Executors Administrators or Assigns shall and will at or upon any first Day of May or Feast of All Satnts at or in the place aforesaid pay or cause to be payed unto the said C. D. his Heirs Executors Administrators or Assigns the Sum of 100 l. of lawful Moneys of England over and besides the said Rent-charge or Annual Sum of c. and the Arrears thereof if any then shall be That then and from thenceforth from and after the said payment or payments so made as aforesaid of every of the said Sum or Sums of 100 l. with Arrears of the said Rent if any shall be to be Endorsed upon both parts of these Iâ—dentures and subscribed by the said C. D. his Heirs Executors or Administrators for every Hundred Pounds that shall be paid as aforesaid over and besides the said Arrears if any shall be the full and entire Sum of 100 l of the said 500 l. yearly Rent â—r Annunity hereby granted as aforesaid shall cease and be determined Any thing herein before contained to the contrary hereof in any wise notwithstanding CHAP. V. vid. chap. 7 the forms of limitations of uses Containing the Several Ways and Forms of Introducing Uses upon Fines Recoveries and other Conveyances 1. THâ—s Indenture c. Between A. B. and Upon a Fine to be levied E. his wife on the one part and C. D. and E. F. on the other part Witnesseth That for the Conveying Assuring and sure making of all and singuler the Messuages Lands Tenements and Hereditaments hereafter in these presents mentioned to the uses inâ—ents and purposes hereafter in and by these presents expressed limitted and declared It is agreed and concluded by and between the said parties to these presents And the said A. B. for himself his Heirs Executâ—rs and Administrators doth covenant grant and â—gree to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his wife shall and will at the proper costs and charges of the said A. B. before the Feast of c. next ensuing the Date hereof in due forme of Law acknowledg and levy before the Justices of his Majesties Court of Common Pleas at Westminster one Fine Sur cognizance de droit come ceo c. with Proclamations unto the said C. D. and E. F. of all the Messuage or Tenement c. and here set down particularly the Messuages and Lands to pass by certain Name or Names and quantities of Acres in the said Fine to be contained And that the said Fine so to be had and levied as aforesaid Several forms to begin the limitation of uses or in what manner or forme soever the same shall be had shall be and inure and the said C. D. and E. F. shall by force thereof stand and be seized of the said Messuage and Lands and all other the Premises with the Appurtenances to the
uses inteâ—ts and purposes and upon the Conditions and Limitations hereafter in these presents limitted expressed and declared and to no other uâ—e intent or purpose whatsoever That is to say c. 2. And it is covenanted concluded and fully agreed Or thus by and between all the said Parties to these presents And they and every of them do hereby exâ—ress signifie and declare That the said Fine so to be levied as aforesaid and all and every other Fiâ—e and Fines hereafter to be had and levied of the Premises or any part thereof between the said Parties or any of them before the said Feast of c. shall be and inure and the said C. D. and E. F. and their and one of their Heits immediately from and after the said Fine as also any other Fine thereof to be levied as aforesaid shall stand and be seized of the Premises to the only uses intents and purposes hereafter mentioned viz. as to the said Messuage or Tenement and Lands with the Appurtenances now in the occupation of c. To the use and behoof of c. And as to the said Messuage or Tenement and Lands now in the occpation of c. To the use and behoof of c. 3. And it is covenanted granted concluded Or thus and agreed by and between all the said Parties to these presents for themselves their Heirs and Assigns That the said Fine to be acknowledged and levied as aforesaid of the Messuages Lands Tenements and Hereditaments aforesaid and the execution thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and of the Heirs of such of them to whom the inheritance of or in the Premises shall be limitted in and by the said intended Fine shall be and shall for ever be adjudged deemed and taken to be And the said C. D. and E. F. and the Heirs of such of them to whom the inheritance of the Premises shall be limitted in or by the said intended Fine and the surviver of them shall stand and be seized of and in all and singular the said Messuages Lands Tenements and Hereditaments and of every part and parcel thereof with the Appurtenances to the uses intents and purposes and under and upon the Provises limittations conditions and agreements hereafter in these presents mentioned and contained That is to say of for and concerning all that Messuage and Lands c. with the Appurtenances in M. aforesaid in the tenure or occupation of c. being parcel of the said Premises whereof the said Fine before by these presents is covenanted to be levied as aforesaid by the said A. B. and of the Revertion and Revertions Remainder and Remainders of the same To the use and behoof of c. And of for and concerning all and every the said other Messuages Lands c. with their and every of their Appurtenances whereof the said Fine is covenanted to be levied as aforesaid and the Revertion and Revertions Remainder and Remainders thereof to the use and behoof of c. 4. This Indenture c. Between A. B. and E. his wife of the one part and C. D. and E. F. Upon a Fine already levied of the other part Whereas the said A. B. and E. his wife have in the Term of St. Hillary last past before thâ— Date of these presents levied one Fine in due form of Law unto the said C. D. and E. F. of all that Mannor c. The which Fine was levied by such names number of Acres and other Particulers as are in the said Fine contained as by the said Fine reference being theteunto had more fully it doth and may appear Now Witnesseth these presents and it is hereby declared by and between all the Parties hereunto That the true intent and meaning of the levying of the said Fine at the time of the levying thereof was and is to be taken to be to the uses intents and purposes hereafter following That is to say to the use of c. 5. This Indenture c. Between A. B. of Upon a Recovery to be had with double Vouchâ—r the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Whereas the said A. B. by one Indenture of bargain and sale Dated the first day of this instant January and inrolled in his Majesties High Court of Chancery the twentieth Day of the same Month made between the said A. B. on the one part and the said C. D. and E. F. on the other part Hath granted bargained and sold to the said C. D. and E. F. and their Heirs all that Mannor c. and the Revertion and Revertions Remainder and Remainders thereof and of every part and parcel thereof To have and to hold the said Mannor c. and all and every the said Premisses with the Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever to the only proper and absolute use and behoof of the said C. D. and E. F. their Heirs and Assigns for ever To the end intent and purpose that the said C. D. and E. F. might thereby and by force of the Statute of transferring uses into possession become Tenents of the Freehold of all and every the Premisses that a good and perfect common Recovery with double Vouchâ—rs may be thereof had and executed Now Witnesseth this present Indenture And it is covenanted concluded and fully agreed by and between all the said Parties to these presents for them and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. and I. K. before the Feast of c. next ensuing the Date of these presents by Writ or Writs of entry sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our Sovereign Lord of the Court of Common-Pleas at Westminster in the Names of the said G. H. and I. K. demandants against the said C. D. and E. F. Tenents or the survivor of them to Recover to them the said G. H. and I. K. and their Heirs in due form of Law according to the usual form of common Recoveries for assurance of Lands Tenements and Hereditaments against the said C. D. and E. F. the said Mannor and Premises with their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained In and to which said Writ the said C. D. and E. F. shall gratis appear in their proper Persons and after defence made shall vouch to warranty the said A. B. who shall likewise thereupon appear and enter into the warranty and vouch over the common Vouchee who shall likewise appear and enter into the warranty and after make default to the end that a perfect common Recovery may be had and executed
mentioned to be grantel was taken and had by the within named E. F. for and in the name of A. B. within mentioned and afterwards was for and in the name of the said A. B. delivered by the said E. F. unto the within named C. D. according to the authority within given To hold to him the said C. D. his Heirs and Assigns according to the form and effect of this present Deed in the presence of those whose names are hereunder written 4. In case the liberty be made by force of a Another Letter of Attorney not mentioned in the Deed Then the indorsement may be thus Memorandum That full quiet and peaceable possession of all and every the Messuage and Lands within mentioned to be granted was taken and had by I. H. the Attorney of the within named A. B. by force and vertue of a Letter of Attorney to the said I. H. in that behalf made by the said A. B. bearing Date the c. for and in the name of the said A B. and was afterwards by the same authority for and in the name of the said A. B delivered by the said I. H. unto one G. H. the Attorney of the within named C. D. thereunto lawfully authorized by force and vertue of one Letter of Attorney made by the said C. D. unto the said G. H. in that behalf bearing Date the c. according to the form and effect of this present Deed the 20th Day of March Anno Domini 1665. in the presence of those Persons whose names are hereunto subscribed 5. Memorandum That the within named E. F. Attornement lessee of all and every the Messuage and Lands within mentioned having heard this present Indenture read and taken perfect notice and knowledg thereof and of all the contents thereof doth consent and agree thereunto and doth Attorn Tenent to the within named C. D. for the said Messuage Lands and Premisses the 20th Day of c. Anno Domini 1666. in the presence of those whose names are hereunto subscribed 6. Memorandum That the within named E. F. Another lessee of all and every the Messuage and Lands within mentioned after the sealing and delivery of these presents and perfect notice thereof taken by him and of the contents thereof did the Day of c. in the Year within mentioned Attorn unto the within named C. D. upon the said grant according to the form and effect thereof by the payment of two Pence of lawful Money of England in the name of Attornement in the presence of c. 7. Memorandum That R. C. of c. Gentleman Another and the rest of the Tenents and Farmers of the within mentioned Premisses by virtue of several Leases made unto them by the within named A. B. having all of them had perfect notice of this present grant did severally Attorne and become Tenents of and for their several and respective interests in the Premisses to the within named C. D. this present Tenth Day of c. in the Year within written and the said Tenents have every of them given unto the said C. D. one Penny in the name of Attornement in the presence of c. 8. This Indenture made the c. Between An Attornement by a Collateral Deed. A. B. of the one part and C. D. of the other part Whereas the said A. B is seized in his demesne as of freehold for and during the the Term of his natural Life of and in c. by Vertue of a Lease to him thereof made by I. K. of c. Esquire by his Indenture bearing Date the c. And whereas the said I. K by his Deed indented bearing Date the c. Hath granted the said Messuage Lands and Premisses with the Appurtenances and the Revertion thereof to the said C. D. as in and by the said Indentures more at large appeareth Now this Indenture witnesseth that the said A B. for divers good reasonable causes and considerations him hereunto moving Hath consented agreed attorned and become Tenent and by these presents doth consent agree attorne and become Tenent to the said C. D. and to the said grant to him made of the said Messuage Landâ— and Premisses and the Revertion thereof and in the name of Attornment and seisin of the Rent reserved upon the said Lease thereof hath at and before the making of these presents paid to the said C. D. one half years Rent due for the said Messuage Lands and Premisses at our Lady-Day last Which the said C. D. hath accepted of and from the said A. B. as from his Tenent and in name of seisin thereof and Attornement to the said grant to him thereof made as aforesaid accordingly In witness whereof the Parties above named c. Livery and Attornement together 9. Memorandum that the 4th Day of May in the Year of our Lord 1665. Peaceable and quiet possession and seisin of the Mannor Messuages Lands Tenements and Hereditaments within specified was taken had and delivered by the Attorneys within named to the within named C. D. according to the tenor and true meaning of this present Indenture and likewise the Day and Year abovesaid E. F. G. H. and I. K. c. being Tenents of the Premisses by several Leases to them made of their respective Tenercies did severally attorn Tenents to the said C. D. according to this present grant whereof they and every of them had full and perfect notice at the Time of their said respective Attornements All which was done in presence of the persons whose names are hereunto subscribed CHAP. VII The Forms of limitations of Uses vide before Chapter the 5th the several Forms of introducing Uses upon Fines Recoveries and Conveiances Now follows the limitations of the Uses 1. ANd it is covenanted granted concluded Limitations for Life condiscended and fully agreed by and and between all the said Parties to these presents for themselves and their Heirs respectively That the said Fine or Fines Recovery or Recoveries conveiances and assurances to be had made and executed according to the purport and true meaning of these presents of and in the said Mannors Lands Tenements Hereditaments and Premisses and every of them and the execution thereof shall be and for ever shall be adjudged deemed and taken to be And also that the said C. D. and E. F. and their Heirs and the Survivor of them and his Heirs shall stand and be seized of and in all and singular the said Mannors Lands Tenements Hereditaments and Premisses and of and in every part and parcel thereof with the Appurtenances to and for the several and only uses behoofs intents and purposes and upon and under the limitations Provisoes conditions liberties and agreements hereafter mentioned That is to say of in and to all that Capital Messuage or Tenement with the Appurtenances being parcel of the Premisses commonly called or known by the name of c. scituate and being in F. aforesaid in the said
County of D. now or late in the tenure or occupation of c. and of in and to all and singular the Houses Edifices Buildings Lands Meadows Pastures Feedings and Hereditaments whatsoever with the Appurtenances to the said Capital Messuage or Tenement belonging or appertaining or therewithall now or heretofore usually occupied or enjoyed or accepted reputed or taken as part parcel or member thereof or appurtenant thereunto and the Revertion and Revertions Remainder and Remainders thereof to the Uses of the said C. B. Son and Heir apparent of the said A. B. and of D. B. Wife of the said C. B. for and during the Term of their natural Lives and of the Life of the longer Liver of them without impeachment of wast during the natural Life of the said C. B. 2. To the use of the said A. B. for and during To the Husband for Life and after to the Wife for a Joynture the Term of his natural Life without impeachment of or for any manner of wast and with full power to do or commit wast Or thus Without impeachment of wast only in and for Woods under Woods and Timber Trees standing growing or being or which at any Time hereafter shall stand grow or be in or upon the Premisses before mentioned or any part or parcel thereof And from and after the decease of the said A B. then to the use and behoof of the said E. his wife for and during the Term of her natural Life in the name of her Joynture and in full recompence and satisfaction of her Dower which she the said E. shall or may have out of or to the Lands Tenements or Hereditaments of the said A. B. in case she shall happen to survive the said A. B. Or thus In full Recompenre of her Dower and Title of Dower to or out of all the Mannor Lands Tenements and Hereditaments whereof the said A. B. had now hath or hereafter shall have during the coverâ—ure between him and the said A. B. any Estate of Inheritance 3. Provided alwaies and it is intended and Proviso to make void a Jointure upon claim of other Lands for Dower agreed by and between all the said Parties to these presents that if the said E. B. shall or do at any time or time hereafter from and after the decease of the said A. B. her Husband if she shall survive and over Live the said A. B. commence and prosecute or cause to be commenced and prosecuted any action or suit whatsoever for any Dower of out of or in any the Mannors Lands Tenements or Hereditaments whereof or wherein the said A. B. her Husband had any Estate of Inheritance during the coverture between him and the said E. and shall not hold her self satiâ—fied with the said Capital Messuage Lands Tenements and Hereditaments in or by these presents limited meant or intended to and for her Jointure and Dower that then and from thenceforth the use before limited to the said E. B. of in and unto the said Capital Messuage Lands and Tenements shall cease and be void And the said Recoveâ—ors and Cognizees and their Heirâ— or the Survivor or Survivors of them his and their Heirs shall stand and be seized of Proviso to make void a use limited to the Wife in case she go about to depart with her Estate and to limit over the said uses the said Capital Messuage Lands Tenements and Hereditaments with the Appurtenanees whereof such use was as aforesaid limited unto the said E. and of every part and parcel thereof to the use and behoof of the right Heirs of the said A. B. for ever 4. Provided alwaies nevertheless and it is agreed by and between the said Parties to these presents that if it shall fortune that the said E. B. shall at any time hereafter during the Life of the said A. B. be fully resolved and determined jointly with the said A. B. or otherwise by any ways or means directly or indirectly to levy any Fine or suffer any Recovery or do or assent to do any act or thing by matter of Record or otherwise whereby the Estate before limited of and in the Premisses to her the said E. B. for Term of her Life or any lesser Estate derived out of her said Estate of and in the said Capital Messuage Lands and Premisses or any part or parcel thereof shall or may pass or be altered taken away charged incumbred or devested out of or from the said E. B. and shall attempt or go about to put inure any such full and perfect resolution and determination that then and immediately after such attempt or going about the said use and Estate for Life of and in the Premisses before limited and appointed to the said E. B. as touching all the same Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made shall cease and be void as touching and concerning the said E. B. and that then and from thencefotth the said Fine and Recovery conveiance and conveiances to be had and made to the said C. D. and E. F. and to their Heirs or the Heirs of one of them after the said Estate for Life before limited and appointed to the said A. B. ended and determined shall be and the said C. D. and E. F. and their Heirs and the Heirs of either of them shall stand and be seized of and in all the said Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made to the use and behoof of C. B. Son and Heir apparent of the said A. B. and of D. B. second Son of the said A. B. and their Heirs for and during the Life of the said E. B. to the end intent and purpose that they the said C. B. and D. B. and the Survivor of them or the Heirs of the Survivor of them after the decease of the said A. B. in case the said E. shall happen to overlive the said A. B shall or may grant over their Estate to the said E. B. in the Premisses within 6 Weeks after the decease of the said A. B. And that after the decease of the said A. B. and the said E. B. then the said Fine and Recovery and other Assurances shall be and remain as to the said Capital Messuage Lands and Tenements to the uses and behoofs before in and by these presents lymitted and appointed to begin and take place after the decease of the said A. B. and E. his Wife 5. To the use of the said A. B. for the Term For Years determinable upon a Life of his natural Life and from and after his decease to the use and behoof of the said C. B. one of the younger Sons of the said A. B. for the Term of 60. Years to commence immediately from and after the decease of the said A. B. if he the said C. B. shall and do so long live and from and after
H. and his Assigns into the Premisses to enter and the same to have hold and enjoy for and during the Term of his natural life And to and for that purpose it is agreed by and between all and every the Parties to these presents for them their Heirs and Assigns that after such default of payment and Enâ—ry made The Fine to inure accordingly the said Fine shall be and shall be deemed and taken to be to the use of the said G. H. and his Assigns for and during the term of his natural life And further it is also agreed by and between the said Parties to these presents for them their Heirs and Assigns that the said Fine as to the said Lordship and Mannor and all other the Premisses before-mentioned to be The use of the Fine to A. B and his heirs subject to the Rent c. Another for a Rent for 2 lives with clause of Distress and also to change the use upon Non-payment thereby conveyed and assured to the said C. D. and E. F. their Heirs and Assigns shall be and inure to the use of the said A. B. his Heirs and Assigns for ever under upon and subject unto the said Rent Condition râ—entry limitation intent and purpose herein before mentioned and expressed and according to the intent and true meaning of these presents 4. Let an Indenture be made between A. B. of the first part C. D. and E. F. of the second part and C. B. younger Son of the said A. B. and M. his wife of the third part whereby A. B. is to Covenant by Fine or other Assurance to convey the Mannor of c. and several Messuages and Lands to C. D. and E. F. Then add Now further witnesseth this present Indenture And it is hereby Covenanted declared and agreed by and between the said Parties to these presents That of for and concerning all that Messuage or Tenement and four Closes c. being parcel of the Hereditaments and Premisses so to be conveyed as aforesaid and being of the clear yearly value of Forty pound per Annum over and above all Charges and Reprises the said Conveyance and Conveyances so to be had and executed as aforesaid shall be and shall be deemed and taken to be and inure and the said C. D. and E. F. and the Survivor of them and his Heirs shall stand and be seized thereof and of every part and parcel thereof to the use intent end and purpose That the said C. B. and M. his wife and their Assigns and the Survivor of them his or her Assigns shall and may yearly from and after the making hereof for and during the natural life and lives of them and of the Survivor of them perceive receive take and enjoy one yearly Rent or sum of Thirty pounds per Annum of lawful Moneys of England to be issuing going and payable out of the said last mentioned Messuage or Tenement and Closes at two several Feast Days in the year that is to say Thâ— Feast of Th' annunciation of Saint Mary the blessed Virgin and the Feast of Saint Michael Th'archangel by even and equal portions The said Rent to be paid as aforesaid by the said A. B. his Heirs and Assigns 5. And that in default of Payment thereof Clause of Distress or of any part thereof at any of the Feasts or Days of payment aforesaid contrary to the tenor and true meaning of these presents That then and so often it shall and may be lawful to and for the said C. B. and M. his wife and the Survivor of them and their and either of their Assigns into the said Messuage or Tenement and Closes to enter and distrain for the said yearly Rent of Thirty pound per Annum or any part thereof and for the arrearages thereof if any shall be and the Distress and Distresses there taken and had to lead drive take and carry away impound detain and keep until they and every of them of the said yearly Rent or sum of Thirty pound and of the arrearages thereof if any such shall be be fully satisfied and paid 6. And if it shall happen the said yearly To change the Use to the persons that should have the Rent upon non-payment Rent or sum of Thirty pounds or any part thereof to be behind or unpaid by the space of twenty days next ensuing after any of the Feast days aforesaid the said Conveyance and Conveyances so Covenanted and intended to be had and executed as aforesaid of all and every the Hereditaments and Premisses aforesaid and the execution thereof shall be and enure and shall be adjudged deemed and taken to be and enure as to the said Messuage and four Closes only and the said C. D. and E. F. and the survivor of them and his Heirs shall stand and be seised of and in the said Messuage and four Closes and of and in every part and parcel thereof with the Appurtenances to the use and behoof of the said C. D. and M. his Wife and of their Assigns for and during the term of their natural lives and of the longer liver of them And also to such The Use of the Land further use and purpose that the said C. D. and E. F. their and either of their Heirs shall likewise stand and be seised of the said Messuage and four Closes charged and chargeable nevertheless with the said Rent of Thirty pounds per annum and Distress and Limitation for and in respect of the same made as aforesaid and of and in all and every the rest and residue of the said Mannors Messuages Lands Tenements and Hereditaments and every part thereof with the Appurtenances whereof no Vse is formerly limited or appointed to the use and behoof of the said A. B. his Heirs and Assigns for ever 7. To the Vses following that is to Another say to the Vse intent and purpose That the said C. B. who is the Son of the Feoffor or Cognizor and his Assigns shall and may have perceive and take from time to time during his life only yearly Rent of Fifty pounds of lawful moneys of England to be issuing and going out of all and singular the said Messuage Lands and Premisses and to be paid at four several Feasts or days in the year that is to say The Feast of St. Michael the Archangel the Nativity of our Lord and Saviour Jesus Christ the Annunciation of St. Mary the Blessed Virgin and the Feast of St. John the Baptist by even and equal portions the first payment to begin at c. And if it shall happen the said yearly Rent to be Distress behind or unpaid in part or in all after either or any of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then and so often it shall and may be lawful to and for the said C. c. to enter and distrain The Use as to the Lands viz. to
Feoffor until default of payment and after to the use of him that should have had the Rent Another Form First By limiting the Lands to Uses chargeable with the Rents and after the Rent it self c. vide Sect. 5. And as touching and concerning the said Messuage and Lands Charges with the said Rent as aforesaid saving and reserving the said yearly Rent of Fifty pounds unto the said C. B. and his Assigns according to the Estate to him thereof and therein before limited and saving and preserving liberty for him the said C. B. to enter and distrain on the Premisses or any part thereof for non-payment of the said Rent as aforesaid to the use and behoof of the said A. B. his Heirs and Assigns until default of payment of the said yearly Rent or any part thereof by the space of one Moneth next following after either or any of the said Feasts or days of payment And from and after such default of payment to be made as aforesaid to the use of the said C. B. and his Assigns for and during the term of his natural life And from and after his decease then to the use of the said A. B. his Heirs and Assigns forever 8. This Indenture c. Between A. B. of the first part C. D. E. F. and G. H. of the second part and C. B. Son and Heir apparent of the said A. B. and M. the now Wife of the said C. B. of the third part Whereby A. B. is to Covenant to levy a Fine or make a Feoffment c to C. D. E. F. and G. H. Then add And it is hereby declared and agreed by and between all the said parties to these presents That the said Fine c. so to be levied as aforesaid shall be and enure c. and then set down the Vses of part of the Mannors Messuages and Lands contained in the Fine or other Conveyance Then proceed thus And of for and concerning all and singular the rest and residue of the said Mannors Messuages Lands Tenements Hereditaments and Premisses whereof the said Fine or Fines before by these presents is Covenanted to be levi'd by the said A. B. as aforesaid other then such only whereof the several Estates and Vses are severally expressed limited and declared before by these presents To the Uses chargeable with the Rent use and behoof of him the said A. B. and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste nevertheless to be charged and chargeable with such yearly Rents or sums of money and Distresses for the same as shall be hereafter in these presents limited and expressed according to the true intent and meaning of these presents and after the decease of the said A. B. then to the use and behoof of the said C. B. and M. his Wife and the Heirs of their bodies lawfully begotten and to be begotten charged and chargeable as aforesaid And for default of such Issue then to the use and behoof of D. B. second Son of the â—â—id A. B. and of the Heirs males of the body of the said D. B. lawfully to be begotten to be charged nevertheless and chargeable with the yearly Rents Payments and Distresses hereafter mentioned and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever to be charged likewise and chargeable as aforesaid 9. Provided nevertheless and it is the Câ—gnizees to stand seised for the assurance of Rents true intent and meaning of all and every the said Parties and of these presents That the said Fine and Fines to be levied of the said Mannors c. shall be and enure and the said C. D. E. F. and G. H. and their Heirs and the survivors and survivor of them and his and their Heirs shall stand and be seised of and in the said Mannors or Lordships of c. being of the clear yearly value of Three hundred pounds as well to and for the assurance of such Rents and Payments as hereafter in these presents are expressed as also to and for the use intent and purpose That the several person or persons to And the parties upon default may distrain whom the said Rents and yearly Payments are hereafter limited and appointed or that shall or may hereafter be intitled to have and receive such Rent or Rents by force of any the Limitations and Appointments herein after contained or any Power or Authority hereafter given and expressed may upon default of payment of the said Rent or Rents or yearly Payments enter and distrain on the said Mannors c. as hereafter is set down and expressed and according to the true intent and meaning of these presents that is to say to the end intent and purpose That if the said A. B. during the term of his natural life or his Assigns shall not or do not yearly well and truly content satisfie and pay unto the said C. B. and M. his Wife and the survivor of them during the natural life of the said A. B. the yearly Rent or sum of Fifty pounds of good and lawful money of England at two Feasts or days in the year that is to say at the Feast of the Annunciation of St Mary the Blessed Virgin and St. Michael the Archangel by even and equal portions That then and so often as the said yearly Rent or Payment of Fifty pounds or any part or parcel thereof shall so fortune to be bâ—hâ—nd and unpaid it shall and may be lawful to and for the said C. B and M. his Wâ—fe or either of them their or either of their Assign or Assigns Deputy or Deputies at all times during the life of the said A. B. into all and singular the said Mannors c. with the Appurtenances and into every or any part or parcel thereof to enter and distrain as well for the said yearly Rent or payment of Fifty pounds or any part thereof so to be behind or unpaid as aforesaid As also for the Arrearages of the same and of every or any part thereof if any shall fortune to be behind or unpaid as aforesaid and the Distress and Distresses so there to be taken to lead drive take carry away impound and with them or either or any of them to detain and keep until such time as the said yearly Rent or payment of Fifty pounds and every part and parcel thereof so to be behind or unpaid as aforesaid and the Arrearages thereof if any shall happen to be behind or unpaid be unto them or some or one of them fully contented satisfied and paid 10. Provided also and it is also Covenanted Proviso to give Tenant for life power to grant Rents granted concluded and agreed by and between all the said Parties to the presents That it shall and may be lawful to and for the said A. B. at any time or times during his natural life by any
Deed or Deeds in writing under his Hand and Seal duly executed or otherwise by his last Will and Testament in writing to grant assure limit devise or appoint to every or any the younger Sons of the said A. B. of his body lawfully begotten or to be begotten for term of life only of every such younger Son or Sons such yearly Rent charge or Rents charge to be issuing out of the said Mannors c. with a clause of Distress in or upon the said Mannors or any part thereof for every such Rent or Rents as unto the said A. B. shall be thought meet So that the said Rent or Rents to be granted assured or devised in the whole exceed not the yearly sum or yearly payment of One hundred pound And that in Cognizees to stand seized to assure Grants made of Rents every such case the said C. D. E. F. and G. H. their Heirs and Assigns shall stand and be seized of the Premisses to the further use purpose and intent that such younger Son or Sons to whom such Rent or Rents shall be granted or devised as aforesaid shall and may have perceive and enjoy the said yearly Rent or Rents according to the purport and effect of such Grant and Grants Devise or Devises and shall and may Distrain for the said yearly Rent and Rents and for the Arrearages thereof so often as the same shall happen to be behind or unpayed in and upon the said Mannors c. out of which the same shall be limited and appointed and which shall be made chargable therewith by such Deed or Deeds or last Will as aforesaid 10. Provided alwaies and it is granted Power to make Leases for raising of Portions for Daughters Covenanted concluded condescended and agreed by and between all the said Parties to these presents and it is the true intent and meaning of these presents and of all the said Parties thereunto that it shall and may be lawful to and for the said A. B. being the Feoffor to whom an Estate for life is limited with Remainders over c. during the Term of his natural life by Deed or Deeds Indented to be by him sealed and duly executed in the presence of two or more credible Witnesses to make any Lease or Leases Demise or Demises of all or any part of the said Mannors Lands Tenements and Premisses with Th' appurtenances for the term of One and twenty years or under with reservation of Rent or without reservation of Rent at his will and pleasure unto any person or persons whatsoever The Trust to raise portions upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said A. B. shall happen to have and not otherwise provided for that is to say If one Daughter onely then for the raising of Fifteen hundred pounds for that Daughter and if more than one Daughter then for the raising of Seven hundred pound a piece for each and every one of the said Daughters and that all and every such Lease and Leases Demise and Demises so to be made as aforesaid shall be good and effectual in the Law to all intents and purposes and that the said Fine or Fines so as aforesaid or in any other sort to be levyed shall be and inure and the Cognizee and Cognizees therein named his and their Heirs shall stand and be seized of and in such part and so much of the said Mannors Messuages Lands and Premisses as shall be so demised or leased as aforesaid and of every part and parcel thereof to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be Demised or Granted as aforesaid And after the end and determination of the Estate and Estates in such Demise or Demises Lease or Leases to be contained and as the same shall severally end and determine to the use of such person and persons to whom the same ought to remain and come by the true intent and meaning of these presents 11. After a Limitation to A. the Cognizor A Limitation of part to the Cognizees to pay Portions for life and with Remainder in Tail to his Sons as to part of the Mannors c. in the Fine contained and as to the other part after a Limitation to E. B. Wife of A. B. for life if she survive her Husband for her Ioynture Then add And as for and concerning all and singular the Premisses before limited to and for the Ioynture and Livelyhood of the said E. B. with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof from and after the decease of the said A. B. and E. B. his Wife to the use and behoof of the said C. D. E. F. and G. H. their Executors Administrators and Assigns for and during the term of One and twenty years from thence next ensuing and fully to be compleat and ended upon Trust and confidence and to the uses intents and purposes hereafter mentioned limited and declared in and by these presents viz. That in case the said A. B. shall at the time of his decease have living one two or more Daughters of his Body on the Body of the said E. B. lawfully begotten or to be begotten that shall not be then prefer'd in Marriage or if the said A. B. shall at the time of his decease leave the said E. B. with Child with one or more Daughter or Daughters who shall after be born alive that then the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors Administrators and Assigns out of the Rents Issues and profits of the said Messuages Lands Tenements and Hereditaments with Th' appurtenances so to them limited and appointed for The Portions to be paid years as aforesaid shall raise and levy so soon as conveniently may be for the portion of such Daughter if there be but one the sum of One thousand pounds of lawful Moneys of England to be payed to such onely Daughter at her age of Eighteen years or day of Marriage which shall first happen or so soon after as the said sum of One thousand pounds can be raised as aforesaid And if there shall be two Daughters The sum of Five hundred pounds a piece or if there be three or more Daughters the sum of Three hundred pounds a piece to be payed to them respectively and severally at their several and respective Ages of Eighteâ—â— years or days of Marriage which shall first happen or so soon after as the same can conveniently be raised as aforesaid 12. And upon this further trust and confidence If Daughters die before Portions paid how to dispose the Moneys And to the intent and purpose that if it shall happen the
Assigns for ever upon Trust and confidence nevertheless and to the end intent and purpose that they the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Heirs shall and may at his and their free will and pleasure sell convey and assure the said Mannors Messuages Lands and Premisses in the said County of M. and every part and parcel thereof for the best benefit profit and advantage which shall or may be bona fide had or gotten for the same And that the Mony to be raised by every or any such Sale and as every such Sale shall be made shall be forthwith paid Mony raised by Sale to pay Debts mentioned in a Schedule and disposed of as followeth that is to say for and towards the payment of the Debts of the said A. B. and sums of mony mentioned in a Schedule hereunto annexed And in case any Surplusage shall remain over and above such sum and sums of mony as shall be expended in the payment and satisfaction of the said Dâ—bâ—s That then the said Surplusage or Overplus shall be paid by the said C. D. E. F. and G. H. or the Survivors or Survivor of them or the Executors Disposition of the Overplus or Administrators of the Survivor of theâ—â— unto the said A. B. or to such other Person or Persons as the said A. B. shall by his last Will or Testament in writing testified by two or more credible Witnesses or by any other Writing testified as aforesaid under his hand and seal direct and appoint and for want of such direction or appointment to the Executors or Administrators Disposal of the Profits before Sale of the said A. B. And upon further Trust and confidence that the said A. B. his Executors Administrators and Assigns shall and may until such Sale made have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannors Messuages Lands and Premisses hereby limited and intended to be sold as aforesaid 4. To the use of the said A. B. for Term of A limitation for years to Executors to pay Debts his natural life without impeachment of or for any manner of Waste and from and after his decease to the use and behoof of such Person or Persons as shall be Executor or Executors of the last Will and Testament of the said A. B. for and during the end and Term of ten years upon Trust and to the end intent and purpose That the said Executor or Executors may dispose of all the Rents Issues Profits and Revenues of the Premisses and of every part and parcel thereof for and towards the payment of the Debts of the said A. B. and such Legacies as shall be by the said Will given and devised the reasonable Cost and charges of the said Executors in reparation of the Premisses or any part thereof and in execution of the said Trust being deducted And from and after the end expiration or other determination of the said Vse and Estate â—imited to the said Executors To the use of c. 5. To the use of M. B. Widow Mother of To the use of Executors for performance of a Will the said A. B. for and during the Term of her natural life And from and after the decease of the said M. to the use of the said A. B. for and during the Term of his natural life and from and after the decease of the said M. B. and A. B. To the use and behoof of the Executors and Administrators of the said A. B. for and towards the performance of the last Will and Testament of the said A. B. for the term of 〈◊〉 years and from and after the end expiration or determination of the said Term of six years to the use and behoof of c. 6. After a limitation to A. B. for life Then Another for performance of a Will follows And from and after the decease of the said A. B. to the use of such Person or Persons as the said A. B. by his last Will and Testament in writing or by any other Writing to be by him sealed and subscribed in the presence of two or more credible Witnesses shall nominate and appoint for such Term and until such time as the same Person or Persons so to be nominated shall or may levy take or receive out of the yearly Rents Issues and Profits of the Premisses such sum or sums of Mony nor exceeding the sum of Two hundred pounds in the whole to be disposed of distributed or paid to such Person or Persons and in such manner and form and to such ends intents and purposes as the said A. B. shall in and by his last Will and Testament or other Writing as is aforesaid limit and appoint And in default of such limitation or appointment to the Executors or Administrators of the said A. B. And after the end or determination of the said Vse or Estate last before-mentioned Then to the use and behoof of C. B. Son and Heir of the said A. B. and the Heirs of the said C. B. lawfully begotten or to be begotten And for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever CHAP. XI Forms of Alteration of Vses upon Acts done c. 1. TO the use and behoof of the said These were the uses of a Fine c. intended to be acknowledged If other Lands be conveyed in lieâ— of the Lands limited then the use in those Lands to be to another c. C. B. who is Feoffors Son for and during the Term of his natural life and from and after his decease to the use and behoof of E. B. wife of the said C. B. for and during the Term of her natural life and from and after the decease of the said C. B. and E. B. and of the Survivor of them to the use and behoof of c. 2. Provided alwaies and it is Covenanted granted concluded and agreed by and between all the said Parties to these presents and it is the true intent and meaning of these presents and of the said Parties hereunto That if the said A. B. or the said C. B. or either of them shall at any time hereafter during the natural life of the said E. B. convey and settle or cause or procure to be conveyed and setled a good perfect and indefeasible Estate in the Law in and to the said E. B. or to her use and behoof of in or to any other Mannor or Mannors Lands or Tenements within the Kingdom of England of the clear yearly value of Two hundred pounds per annum of lawful Mony of England or more over and above all Charges and Reprises for Term of the natural life of the said E. B. and to and for her only use and behoof to begin and take effect in possession immediately upon the decease of
or persons as should or ought to have had the same by the true intent and meaning of these presents next after the determination of the Estate of the same person or persons so marrying or contracting in such manner and form and of such Estate and Estates as is herein before limited any thing herein before contained to the contrary hereof in A Rent to cease upon a Daughters Marriage without Fathers license or his payment to her a Portion any wise notwithstanding 7. And it is Covenanted concluded and agreed by and between all the said parties to these presents for them and every of them their and every of their Heirs and Assigns And it is the true intent and meaning of the said Feoffment Fine and other assurance of the said Premisses so made as aforesaid That they the said C. D. E. F. and G. H. shall stand and be seâ—sed of the said Mannor and of all and singular other the Premisses to the uses intents and purpose following that is to say to the use intent 〈◊〉 purpose that the said C. B. the Son of the Feoffor A. B. and his Assigns shall and may receive yearly c. And also to the use intent and purpose That K. B. one of the Daughters of the said A. B. shall and may yearly during the term of her natural life have and perceive out of the said Premisses one yearly Rent of Forty pounds per annum of good and lawful money of England to be paid at the Four usual Feasts of the year that is to say at the Feasts of the Annunciation of St Mary the Blessed Virgin St. Ioâ—n the Baptist St. Michael the Archangel and the Nativity of our Lord and Saviour Iesus Christ by even and equal portions And if it shall happen the said yearly Rent of Forty pounds or any part thereof to be behind or unpaid at any of the said Feasts or days of payment whereon the same ought to be paid as aforesaid That then the said K. B. and her Assigns during the life of the said K. shall and lawfully may enter and distrain in and upon the said Premisses or any part thereof for the same so being behind as for a Rent-charge to all intents and purposes 8. Provided alwayes That if the said The Proviso K. B. shall during the life-time of the said A. B. happen to marry without the consent of the said A. B. to such Marriage first had and obtained Or if the said A. B. shall or do at any time during his natural life bestow upon the said K. in Marriage or otherwise the sum of Five hundred pounds of lawful moneys of England That then and from thenceforth the said Annual sum of Forty pounds per annum shall cease and be determined to all intents and purposes whatsoever 9. To the use and behoof of the said A. B. To alter an Use limited to the Wife upon her claim of Dower for and during the term of his natural life without impeachment of or for any manner of waste and from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the term of her natural life and from and after the decease of the said A. B. and E. B. and of the survivor of them to the use and behoof of the right Heirs of the said A. B. for ever Provided always and it is the true intent The Proviso to alter the Use and meaning of these presents That if the said E. B. shall or do at any time or times after the decease of the said A. B. in case she shall fortune to survive him commence or cause to be commenced any Action or Suit for any Dower out of or in all or any of the Mannors Land Tenements or Hereditaments of the said A. B. or whereof he was seised of any Estate of Inheritance during the coverture between her and the said A. B. and shall not hold her self satisfied with the Lands and Tenements aforesaid limited meant and intended to and for her Ioynture and in satisfaction of her Dower That then and immediately from thenceforth the said Vse and Estate herein before limited to the said E. B. shall cease determine and be void to all intents and purposes and that then and from thenceforth the said Cognizees shall stand and be seised of the Premisses and of every part thereof to the use and behoof of the right Heirs of the said A. B. according to the Limitation aforesaid 10. To the use and behoof of the said A. B. Another for and during the term of his natural life and from and after his decease to the use and behoof of E. B. now wife of the said A. B. for and during the Term of her natural life or until such time as she the said E. B. or any other by her allowance or appointment shall by any publick act by her him or them to be done or permitted to be done seek endeavour or put in practice to obtain any Dower of in or to any the Lands Tenements or Hereditaments of the said A. B. or whereof he was seized of any Estate of Inheritance during the Coverture between him and the said E. B. and immediately from and after such publick act as aforesaid or after the decease of the said E. B. and A. B. to the use and behoof of the right Heirs of the said A. B. for ever 11. Let there be a Covenant from A. B. to To alter a Use upon Non-payment of a sum in gross levy a Fine to C. D. and then add as followeth which said Fine so to be had and executed as aforesaid of all and every the said Messuages Lands Tenements Hereditaments and Premisses shall be and inure and shall be deemed construed and taken to be and inure to the onely use and behoof of the said C. D. his Heirs and Assigns for ever 12. Provided alwaies nevertheless That The Proviso if the said C. D. his Heirs Executors Administrators or Assigns shall not well and truly content and pay or cause to be well and truly contented and payed unto the said A. B. his Heirs Executors Administrators or Assigns in or upon the c. next ensuing the Date hereof hereof at or in the now dwelling house of the said A. B. scituate in H. aforesaid the sum of One thousand pounds of lawful Moneys of Englands but in payment thereof or of any part thereof shall make default contrary to the true intent and meaning of these presents That then and from thenceforth the use before limited to the said C. D. of for and concerning all and every the said Messuages Lands Tenements Hereditaments â—â—d Premisses and of for and concerning every part and parcel thereof shall cease and determine â—nd that then and from thenceforth the said Fine to be had and executed as aforesaid and the Execution thereof shall be and inure and the said C. D.
his Heirs and Assigns and all and every other Person and Persons that shall stand and be seized of the said Messuages Lands Hereditaments and Premisses or of any part or parcel thereof shall stand and be seized thereof from and after such default of payment made as aforesaid to the use and behoof of the said A. B. his Heirs and Assigns for ever and not to any other use or uses intents or purposes whatsoever 13. Provided always and it is Covenanted Another being a provision for a youngeâ— Son granted condescended concluded and fully agreed by and between all the said Parties to these presents and the true intent and meaning of them and every of them and of these presents is That if the said C. D. the Elder Brother or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannor of D. in the said County of M. and the Lands Tenements and Hereditaments thereunto belonging or any of them their or some or one of their Heirs or Assigns or some or any of them shall not within two years next after the decease of the said A. B. well and truly pay or cause to be paid unto E. B. one of the Sons of the said A. B. if he the said E. B shall be then living the suâ— of Two thousand pounds of lawful Moneys of England That then and immediately after such default of payment all and every the Vse and Vses herein before limited and declared as for and concerning all the said Mannâ—r of D. and the Lands Tenements and Herâ—ditaments thereunto belonging shall cease and be vaid And then and from thenceforth the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered shall be and inure and the Recoveror and Recoverors therein named his and their Heirs shall stand and be seized of and in the said Mannor and Premisses in the said County of M. to the use and behoof of the said E. B. his Heirs and Assigns for ever 14. Make an Indenture Tripartite between Another â—o alter a use upon payment of a sum in gross A. B. and E. his wife of the first part C. D. and E. F. of the second part and G H. of the third part and let A. B. for himself and E. B. his wife Covenant to levy a Fine to C. D. and E. F. of all those Mannors c. Then add And it is Covenanted granted concluded and agreed by and between all and every the said Parties to these presents for them and every of them their and every of their Heirs and Assigns That the said Fine so to be acknowledged and levyed as aforesaid of the said Mannoâ—s Lands Tenements Hereditaments and Premisses and the Execution thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and of the Heirs of such of them to whom the Inheritance of and in the Premisses shall be limited in and by the said intended Fine shall be and for ever shall be adjudged and taken to be And also that they the said C. D. and E. F. and the Heirs of such of them to whom the Inheritance of the said Premisses shall be limited in and by the said inten 〈…〉 ine shall stand and be seized of and in all anâ— singular the said Mannors Lands Tenements Hereditaments and Premisses and of every part thereof with Th' appurtenances to and for the uses intents and purposes hereafter in these presents mentioned that is to say To the use and behoof of the said G. H. his Heirs and Assigns for The use of the Fine ever under the Proviso Condition and Agreement hereafter in these presents mentioned and contained 15. Provided always and upon Condition Proviso to make void the use upon payment of Money That if the said A. B. his Heirs Executors or Administrators or any of them shall and do well and truly satisfie and pay or cause to be well and truly satisfied and payed unto the said G. H. his Heirs Executors Administrators or Assigns the full sum of One thousand pounds of lawful Moneys of England at or in the Middle-Temple-Hall London in manner and form following viz The sum of Five hundred pounds thereof on the c. That then and from thenceforth the said Vse and Estate of the said G. H. and of his Heirs and Assigns of and in all and every the said Mannors c. shall forthwith cease and be utterly frustrate and void And also that immediately from and after the said sum of One thousand The new use limited after payment pounds shall be fully satisfied and paid as aforesaid the said Fine so intended to be had and levyed as aforesaid and the Estate thereby in any wise to be had or made shall be and for ever shall be taken to be of and in all and every the said Mannors Lands Tenements Hereditaments â—nd Premisses to the use and behoof of the said A. B. and E. his wife for and during their natural lives and for and during the natural life of the longer liver of them and from and after their deceases then to the use and behoof of the Heirs Males of the Body of the said A. B. upon the 〈◊〉 of the said E. B. lawfully begotten and 〈◊〉 default of such Issue to the use To alter an Use upon a Portion given in Marriage paid back if the Marriage take not effect c. 16. To the use of G. H. and his Heirs until the said sum of Five hundred pounds paid by the said G. H. unto the said A. B. as the Marriage Portion of the said E. H. in case the said intended Marriage between the said C. B. the Son of A. B. and the said E. H. shall not take effect before the Feast of c. next ensuing the Date hereof be repayed by the said A. B his Heirs Exâ—â—â—tors or Administrators unto the said G. H. his Executors or Administrators But in case the said Marriage shall take effect Then from and after the said intermarriage had and solemnized the said Fine so to be had and levyed as aforesaid shall be and enure and shall be deemed construed and taken to be and enure to the use and behoof of the said C. B. for and during the term of his natural life and from and after the decease of the said C. B. to the use and behoof of the said E. for and during the term of her natural life And from and after the decease of the said C. B. and E. F. and the Survivor of them To the use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said E. lawfully to be begotten c. And in case the said Marriage shall not take effect before the said Feast of c. That then immediately from and after the said repayment of the said Marriage Portion to be made as aforesaid
c. to be made granted or charged of or upon the Premisses or any part or parcel thereof by the said A. B. for valuable consideration or otherwise by vertue or force of any former Proviso in these presents expressed but that the same and every of them shall stand good according to the purport and true meaning of them and every of them notwithstanding any such Revocation or new Limitation hereafter to be made 6. Provided always and it is hereby explained Power of Revocâ—tion of uses as to particular persons and limiting new and declared to be the true intent and meaning of these presents and of all the parties to the same That it shall and may be lawful to and for the said A. B. and E. his Wife at any time during the Coverture between them by any Writing or Writings Indented to be by them signed and sealed in the presence of Three or more credible Witnesses who shall thereunto subsscribe or indorse their Names or Marks testifying the same to alter change Revoke determine diminish or enlarge all or any the Vse or Vses herein before limited touching or concerning the said Messuage Lands and Premisses herein before limited to the said A. B. and E. his Wife for their lives or any part or parcel thereof And by the same Writing or Writings or by any other Writing or Writings Indented so signed sealed and testified as aforesaid to limit or appoint any other Vse or Vses of the same last mentioned Messuage Lands and Premisses or any part or parcel thereof to the said person or persons or to any other person or persons and of such Estate and Estates as to them shall â—eem meet And in case any such new Limitation or appointment of Vses shall be made That then the said Fine so to be levied shall be and inure and shall be deemed adjudged construed and expounded to be and inure as touching the said Messuage Lands and Premisses last before mentioned and every or any part thereof whereof such new Vse or Vses shall be limited or declared as aforesaid to and for such new Vse and Vses as in and by such Writing or Writings so to be signed sealed and testified as aforesaid shall be expressed limited and declared 7. Provided alwayes and it is the true Another as to particular persons intent and meaning of these presents and of all the parties hereunto That if the said A. B. shall at any time hereafter during his natural life be minded or willing to revoke and make frustrate and void the Vse and Vses limited as aforesaid to the said C. B. and D. B. and their Heirs respectively or to limit raise or appoint any other Vse or Vses for or concerning the Premisses to them herein before limited or any part or parcel thereof And the same his will and meaning shall declare in writing under his Hand and Seal in the presence of Two or more credible Witnesses That then and immediately after such Declaration had and made the said Vse and Vses hereby limited to the said C. B. and D. B. and their Heirs of for and concerning the said Premisses or so much thereof whereof the said A. B. shall make such Declaration shall cease determine and be utterly void And that then and at all times after the said Fine shall be and inure and the said C. D. E. F. and G. H. the Cognizees and their Heirs and Assigns shall stand and be seised of the same Premisses whereof such Declaration shall be made to such other Vse and Vses as the said A. B. either by the same or by any other Writing under his Hand and Seal to be testified as aforesaid at any time during his life shall nominate and appoint 8. Provided alwayes c. That it shall Another whereby power is given to revoke and limit new Uses with consent of Cognizees Fâ— offâ—â—s c. and may be lawful to and for the said A. B. at any time or times during his natural life by his Deed or Deeds Indented to be by him seal'd and delivered in the presence of c. by and with the consent and approbation of the said C. D. E. F. and G. H. or of the survivors or survivor of them his or their Heirs and Assigns testified in writing under his and their Hands and Seals to alter change determine or make void all or any the Estate or Estates Vse or Vses before by these presents limited and appointed except only the Vses hereby before limited and appointed to or for the Ioynture of the said E. B. as aforesaid And that from and after such alteration change Revocation determination or making void thereof or of any part thereof these presents and all other Assurances of the Premisses whatsoever shall be and enure and shall be adjudged deemed construed and taken to be and enure And the said C. D. E. F. and G. H. and their Heirs and Assigns and the Heirs and Assigns of the survivor and survivors of them shall stand and be seised of all and singular the Premisses except before excepted Exception or so much thereof whereof such alteration change Revocation determination or making void shall be had and made as aforesaid to such other use and uses and to the use of such person and persons and for such Estate and Estates and in such sort manner and form as the said A. B. by any such Deed or Deeds Indented seal'd and executed in the presence of c. by and with such consent and approbation as is aforesaid shall declare limit and appoint And from and after such Revocation in default of such Declaration limitation and appointment then to the use and behoof of the said A. B. his Heirs and Assigns for ever 9. Provided always c. That the said A. B. Another with a Clause to preserve Leases shall and lawfully may at any time during his natural life with the licence and assent of the said c. or his Heirs under his or their Hand or Seal or Hands and Seals first had and obtained in writing by the Deed or Deeds of him the said A. B. duly executed in the presence of c. to alter change repeal or revoke the Vses or Limitations before-mentioned or any of them and by the same or afterwards by any other Deed or Deeds to be testified as aforesaid to limit or appoint such part of the said Mannors c. whereof such licence shall be had and procured to be to such Vse or Vses for such Estate or Estates and for such Person or Persons and his or their Heirs as the said A. B. shall by such Deed or Deeds declare limit or appoint And it is agreed by and between the said Parties to these presents That the said Conveyances herein before Covenanted to be had or made as aforesaid shall be and inure and the said Feoffeâ—s and their Heirs after such Licence had and obtained as aforesaid and such Declaration Limitation and Appointment had and
made shall stand and be seized of the Premisses or such part thereof whereof such Declaration Limitation and Appointment shall be made to such uses and intents of such Estate and Estates for such Pâ—rson and Persons and in such manner and form as by the said A. B. shall be declared limited and appointed in manner and form aforesaid Provided nevertheless that the said signification or declaration Proviso to presâ—ve Leases or any thing herein before expressed touching or concerning the altering changing repealing or revoking of the said Vses or any of them shall not extend to any Demise or Demises according to the intent and true meaning of these presents to be made of the Premisses whereof such signification or declaration shall be made as aforesaid or any part or parcel thereof but that notwithstanding any such declaration or signification all and every the said Demise and Demises Lease and Leases in manner and form aforesaid to be made shall stand remain and continue in full force and effect according to the intent and true meaning of such Lease or Leases Demise or Demises any thing herein before contained to the contrary hereof in any wise notwithstanding 10. Provided always and it is concluded Another as to one particular Messuage and agreed by and between the said Parties and the true intent and meaning of them and every of them and of these presents is That it shall and may be lawfâ—l to and for the said A. B. from time to time and at all times hereafter during the term of his natural life by any his Deed or Deeds Writing or Writings to be by him the said A. B. signed sealed or delivered in the presence of two or more credible Witnesses to revoke frustrate and make void all or any of the Vse or Vses Estate or Estates or Limitations herein before limited declared or appointed of for or concerning one Messuage or Tenement before mentioned and the Lands thereunto belonging lying in Y. aforesaid in the occupation of the said c. or any part or parcel thereof other then the Vse herein before limited to the said E. B. for term of her life as aforesaid And that then and from thenceforth the Vse and Vses Estate and Estates and Limitations herein before declared limited or appointed of for and concerning the said Messuage or Tenement and Lands or such part thereof for or concerning which any such revocation shall be so had or made other then the said Vse herein before limited to the said E. B. shall cease determine and be utterly revoked frustrate and made void And that then it shall and may be lawful to and for the said A. B. by the same Deed or Deeds or by any other Deed or Deeds to be signed and sealed by the said A. B. and testified as aforesaid to declare limit or appoint any other new Vse or Uses Estate or Estates whatsoever of the said Messunge and Premisses of for or concerning which any such Revocation shall be so made or any part or parcel thereof unto any Person or Persons whatsoever subject nevertheless to the said Use herein before limited to the said E. B. in manner and form aforesaid any thing herein before contained to the contrary thereof in any wise notwithstanding And that then and from thenceforth the said Recovery and Recoveries as to the said Messuage and Lands or such part thereof concerning which any such Revocation and new Declaration shall be made shall be and inure and the said Recoverors and their Heirs shall thereof stand and be seized to such Use and Uses intents and purposes as the said A. B. by any such Deed or Deeds Writing or Writings as aforesaid shall declare limit or appoint CHAP. XIII The forms of Deeds of Revocation and Limitation of New Vses 1. TO all Christian people to whom this A short Deed of Revocation present Writing shall come A. B. of c. sendeth greeting in our Lord God everlasting Know ye that I the said A. B. do by this my present Writing sealed with my seal and subscribed with my Name in the presence of I. K. L M. N. O. three credible Witnesses whose Names are hereunto subscribed revoke determine and make void and frustrate all and every the Uses and Estates mentioned raised created limited and made in and by one Indenture of Feoffment bearing date c. made between me the said A. B. of the one part and C. D. E. F. and G. H. on the other part of and for the Messuage or Tenement and Lands Hereditaments and Premisses with Th' appurtenances in the said Indenture mentioned and of and for every part and parcel thereof And I do by these presents New Use appointed to the Party revoking and his Heirs absolutely limit determine and appoint that all and singular the Feoffees Parties and Persons in the said Indenture mentioned and their Heirs and Assigns shall immediately and from henceforth stand and be seized of the said Messuage Lands Tenements and Hereditaments in the said Indenture mentioned and of and in every part and parcel thereof to the onely use and behoof of me the said A. B. mine Heirs and Assigns for ever in a pure and absolute Estate of Fee-simple In witness whereof I the said A. B. have to this my present Writing put my Hand and Seal and subscribed my Name in the presence of the said I. K. L. M. and N. O. three credible Witnesses whose Names are hereunto subscribed this twentieth Day of May in the twentieth year of the Reign of our Soveraign Lord c. 2. To all Christian People to whom this present Writing shall come I A. B. of c. do Another with recital of the former Deed of uses and power of Revocation send greeting in our Lord God everlasting Whereas by one Indenture bearing Date c. made by me the said A. B. by the name of A. B. of c. Gent. on the one part and C. D. E. F. and G. H. on the other part for the consideration in the said recited Indenture mentioned and set forth I did Covenant promise and grant c. recite the Covenant to levy a Fine which said Fine so to be acknowledged and levyed as aforesaid of all and singular the Mannors Messuages Lands Tenements and Hereditaments before mentioned was in and by the said recited Indenture Covenanted granted concluded and declared to be to such several uses and behoofs and of such Estate and Estates as are particularly in the said Indenture mentioned and set-forth And whereas in the said recited Indenture there is a Proviso contained as followeth that is to say Provided always and it is the true intent and meaning of this present Recital of the Proviso Indenture and of all the Parties hereunto That it shall and may be lawful to and for the said A. B at any time during his life by any Deed or Deeds Writing or Writings or by his last Will and Testament in writing by
him sealed and subscribed in the presence of two or more credible Witnesses to alter change inlarge revoke frustrate and make void all every or any of the Use or Uses Estate and Estates herein before expressed limited mentioned declared or appointed to any Person or Persons of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses or in any of them or in any part or parcel of them or any of them and thereof or of any part thereof to create declare limit or appoint any other Use or Uses Estate or Estates to any Person or Persons herein before named or to any other Person or Persons whatsoever in such sort manner and form as the said A. B. shall think meet and convenient and that at all times and from time to time immediately from and after such alteration change enlargement revocation or making void of all or any the said Use or Uses Estate or Estates and Declaration Limitation or Appointment of any other Use or Uses Estate or Estates all and every those Use and Uses Estate and Estates of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses or of or in any part or parcel thereof or such of them which shall be so revoked and declared to be made void as aforesaid shall cease determine and be utterly void and frustrate And that then and from thenceforth the said Fine and all and every other Conveyance and Conveyances Assurance and Assurances whatsoever had or at any time hereafter to be had or made between the said Parties or any of them of the said Mannors and Premisses or of such part thereof whereof such other Use or Uses Estate or Estates shall be so limited or declared as aforesaid shall be adjudged deemed construed and taken to be and inure and the said Cognizees of the said Fine and the Survivors and Survivor of them and the Heirs of the Survivor of them shall immediately from thenceforth stand and be seized thereof and of every part thereof to and for such Use and Uses Estate and Estates intents and purposes and of such Person and Persons and in such sort manner and form as the said A. B. in or by such Deed or Deeds in writing or last Will and Testament in writing to be sealed subscribed and testified as is aforesaid should create declare limit express or appoint and to no other use intent or purpose whatsoever And whereas afterwards Recital del Fine in performance of the Covenants Grants and Agreements in the said recited Indenture mentioned One Fine sur Cognizance de droit come ceo c. was had levyed acknowledged and executed of and for the said Mannors Lands Tenements and Hereditaments and Premisses in the Court of Common-Pleas at Westminster before his Majesties Justices of the said Court by me the said A. B. unto the said C. D. E. F. and G. H. which said Fine was had levyed and acknowledged to the Uses intents and purposes and with and under the several Provisoes Conditions and Limitations in the said recited Indenture mentioned Now know ye that I the said A. 〈◊〉 for divers good The Revocation Causes and Considerations me moving and by vertue of the said Proviso before mentioned and liberty power and authority thereby to me given and reserved Have altered changed revoked determined and made void And by this present Writing being by me signed and sealed in the presence of the Persons under-named do alter change revoke determine and make void all and every the said Use and Uses Estate and Estates Created raised declared limited and appointed by the said recited Indenture and Fine and either of them and by force of the Statute of transferring Uses into Possession of and in the said Mannors Lands Tenements Hereditaments and Premisses and of or in any part or parcel thereof And I the said A. B. The limitation of New uses out of the Fatherly love and affection that I do bear unto R. G. my onely Daughter and Heir apparent now wife to N. G. of c. Esq and to the Heirs of her Body lawfully begotten do by these presents by vertue of the said Proviso in the said recited Indenture contained and the liberty power and authority therein and thereby to me given and reserved as aforesaid Create declare limit and appoint That the said Fine so had levyed and acknowledged as aforesaid of the said Mannors and Premisses herein before mentioned as aforesaid shall be and inure and that the said Cognizees and their Heirs shall stand and be seized of and in the said Mannors and Premisses and of and in every part and parcel thereof to the use and behoof of me the said A. B. for and during the term of my natural life without impeachment of or for any manner of Waste And immediately from and after my decease to the use and behoof of the said R. G. and N. G. her Husband and of the Heirs of the Body of the said R. G. and in default of such Issue to the use and behoof of the right Heirs of me the said A. B. for ever Here may be a Proviso for Revocation of these Uses 3. To all Christian People c. A. B. of c. Another with a more brief recital sendeth greeting in our Lord God Everlasting Whereas in and by one Indenture bearing Date the c. made between me the said A. B. of the one part and I. S. of c. Gent. on the other part There is amongst other things one Proviso contained in these or the like words in effect hereafter following that is to say Provided always c. and to set forth the Proviso word for word As in and by the said recited Indenture more plainly and at large it doth and may appear Now know ye That I the said A. B. pursuant to the said Proviso and the power and authority to me thereby given do by this my present Deed or Writing sealed and subscribed by me the said A. B. in the presence of three credible Witnesses whose Names are hereunto subscribed declare and publish my mind intent and meaning to be to revoke alter make void and frustrate And I do by these presents revoke alter make void and frustrate all and every the Use and Uses Estate and Estates Trust and Trusts in and by the said recited Indenture declared limited and appointed of for and concerning all and every the Mannors Messuages Lands Tenements and other Hereditaments mentioned contained and specified in the said Indenture with their and every of their Appurtenances and of for and concerning every part and parcel thereof And I do hereby further declare limit and appoint That the said Mannors Messuages Lands Tenements and other Hereditaments with Th' appurtenances shall remain and be and that the said I. S. and his Heirs and all and every other Person and Persons standing and being or which at any time hereafter shall stand and be seized of and in the same shall stand and be
are in the said recited Indenture contained and set forth In which said recited Indenture there was also one Proviso contained and specified as followeth Provided always c. recite here the Proviso word for word being a power given to A. B. to revoke in case he should after have Issue Male of his Body And whereas also for the accomplishment and performance of the Covenants Grants and Agreements in the said Recital of the Feoffment recited Indenture contained the said Premisses in the aforesaid recited Indenture specified were by one Deed Indented purporting a Feoffment bearing Date c. conveyed and assured by me the said A. B. unto the said C. D. and E. F. and their Heirs unto the said intents and purposes in the said first recited Indenture mentioned and expressed and according to the true intent and meaning of the said first recited Indenture As in and by the said several recited Indentures more fully and at large it doth and may appear Now know ye That forasmuch He doth now having Issue Male revoke as I the said A. B. hath since the said settlement had Issue Male of my Body lawfully begotten being now alive at the time of then sealing and execution of these presents I have according to the power and authority to me the said A. B. by the said recited Indenture and Proviso therein specified and contained given by this my present Deed in writing under my Hand and Seal and delivered according to the purport of the said recited Proviso in the presence of two sufficient Witnesses altered changed and revoked and do by these presents alter change and revoke absolutely and in the whole all and every the Use and Uses in and by the said first recited Indenture limited and appointed of all and singular the Premisses with Th' appurtenances in the said recited Indenture specified and of every part and parcel thereof And I the said A. B. do further by these presents in such and as ample manner and form as by any Proviso or power of alteration determination or revocation of Use or Uses I may or can absolutely disanull determine and revoke all and singular forms Use and Uses by me limited or declared in or by any former Conveyance and Conveyances Assurance and Assurances whatsoever heretofore of the Premisses or any part thereof by me made and executed in such ample manner and form as if the said Use Uses or Limitations had never been had made or declared And furthermore know ye That I the said A. B. for divers good Causes and Considerations me thereunto especially moving do by these presents according to the power to me given as aforesaid limit and appoint The new Uses that the said C. D. and E. F. their Heirs and Assigns and all and every other Person or Persons which now stand or be seized of the said Premisses or any part thereof with Th' appurtenances shall from henceforth stand and be seized of the same And that all and singular Feoffments and other former Assurance and Assurances whatsoever by me made and executed thereof and of every part and parcel thereof shall be and inure and are by these presents declared to be meant and intended to be and inure to the use and behoof of me the said A. B. mine Heirs and Assigns for ever Any thing herein before contained c. CHAP. XIV The several forms of Settlements 1. THis Indenture Tripartie made c. A Covenant to levy a Fine with declaration of Uses The Consideration Between A. B. and E. his wife of the first part C. D. and E. F. of the second part and C. B. Son and Heir apparent of the said A. B. on the third part Witnesseth that the said A. B. for and in consideration of the natural love and affection which he beareth unto the said C. B. and for the better setling of the Messuages Lands and Tenements hereafter mentioned to such uses intents and purposes as are hereafter specified and the continuance of the said Premisses in the Name and Bloud of the said A. B. Doth for himself his Heirs Executors and Administrators Covenant grant and agree to and with the said C. B. his Heirs Executors and Administrators by these presents That he To levy a Fine the said A. B. and E. his wife on this side and before the Feast of c. next ensuing the Date hereof shall and will at his proper Cost and Charges by such Fine or Fines with Proclamations to be had and levyed in due form of Law as shall be devised or advised by the said C. B. or his Counsel learned in the Law convey and assure unto the said C. D. and E. F. and to the Heirs of one of them All and singular those his Messuages Lands c. 2. And it is Covenanted condescended The Uses unto concluded declared and agreed by and between the said Parties to these presents That the said Fine or Fines so to be levyed and had of the said Messuages Lands c. and other the Premisses with Th' appurtenances before in these presents mentioned and of every or any part or parcel thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and their Heirs and either of them and his Heirs of in and to the said Premisses and every part thereof thereby to be had shall be and the said C. D. and E. F. and their Heirs and the Survivor of him and his Heirs and all and every other Person and Persons his and their Heirs that shall stand or be seized thereof or of any part thereof shall stand and be seized of the same and of every part or parcel thereof to the several uses intents agreements limitations and payments and under the Provisoes and Conditions hereafter in and by these presents expressed mentioned and declared and to none other use or uses intents or purposes whatsoever that is to say To the onely use To A B. and E. B. for life remainder in Tail and behoof of the said A. B. for and during the term of his natural life without impeachment of or for any manner of Waste and from and after his Decease to the use and behoof of the said E. B. his wife for and during the term of her natural life and from and after the Deceases of the said A. B. and E. B. to the use and behoof of the said C. B. and of the Heirs Males of his Body lawfully begotten or to be begotten to be charged nevertheless and chargable with such yearly Rent or Rents and distresses for the same as shall be hereafter in these presents limited or expressed And for want of such Issue to the use and behoof of D. B. second Son of the said A. B. and of the Heirs Males of the Body of the said D. B. lawfully begotten or to be begotten and so to the other Sons of A. B. if he hath any charged nevertheless and chargable as
aforesaid And for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 3. Provided always That it shall and may Power for Tenant for life to make a Joynture be lawful to and for the said A. B. at any time or times hereafter during his natural life by his Deed or Deeds in his life time lawfully executed to assure appoint limit and convey to any lawful Wife or Wives which the said A. B. shall hereafter fortune to Marry in case he survive the said E. F. for term of the life onely of such Wife or Wives for or in the Name of the Joynture or Joyntures of such Wife or Wives one full third part or less or so much as shall amount to a full third part of all the said Messuages Lands and Premisses And also that it shall and may be lawful to and for the said A. B. To convey Rents to younger Sons during the term of his natural life by any Deed or Deeds in writing under his Hand and Seal or otherwise by his last Will and Testament in writing to grant assure limit devise and convey to every or any the younger Sons of the said A. B. of his Body lawfully begotten or to be begotten for term of the life or lives of such younger Son or Sons such yearly Rent charge or Rents charge with a Clause of Distress for every such Rent as unto the said A. B. shall be thought meet and convenient to be yearly issuing and going out of all and every the said Messuages Lands c. or any part of them from and after the decease of the Survivor of them the said A. B. and E. his wife so that the said Rent or Rents so to be granted limited or devised as aforesaid do not exceed the sum of sixty pounds per annum in the whole 4. And further that it shall and may be To make Leases to younger Sons lawful to and for the said A. B. at any Time or Times during his natural life to make any Lease or Leases unto every or any of his younger Son or Sons for the Term of one and twenty years or under in Possession or Reversion of all or any the said Messuages Lands c. whereof the said Fine or Fines before mentioned is Covenanted to be levyed by the said A. B. or any part or parcel thereof the said Lease or Leases to commence immediately from and after the decease of the Survivor of them the said A. B. and E. his wife charged and chargable nevertheless with such Rent and Rents sum and sums of Mony or payments as before or after in these presents are appointed declared or limited to be had levyed or issuing out of the Premisses or any part thereof in such sort as in these presents is mentioned and declared so that the same Lands Tenements and Hereditaments so to be Demised or Leased to any of the said younger Sons do not exceed in the whole the yearly value of c. per annum over and above the Rent or Rents reserved upon such Lease or Leases and so as upon every such Lease and Leases so to be had and made as aforesaid the old and accustomed yearly Rents Customs and Services be reserved to be yearly payable and done during the continuance of every such Lease and Leases at the Days and Times formerly used And so that the same Lease and Leases or any of them to be made as aforesaid be not without impeachment of Waste Here may be another Proviso to impower him to grant Rents to Servants c. 5. * The Fines to be and inure for payment of the Rents and advantage of the Lessees And it is Covenanted granted concluded and agreed by and between the said Parties to these presents That the said Fine and Fines so to be levyed and had as aforesaid shall be and inure and that the said C. D. and E. F. and their Heirs and the Survivor of them and his Heirs shall stand and be seized of all such Lands Tenements and Hereditaments parcel of the said Premisses which shall by vertue of these presents be limited or appointed to be charged with any Rent or Rents sum or sums of Mony or payments to any Person or Persons or which shall hereafter be Granted Leased Demised or Charged according to the intent and true meaning of these presents and according to the power liberty and authority hereby given permitted and allowed as well to the use of such Person or Persons to whom any parcel of the Premisses in these presents mentioned shall be hereafter so limited appointed demised leased granted or conveyed of such Estate and Estates and for such Term and Time as the same shall be pursuant to the said authority hereby given to be limited appointed eased granted or conveyed and under the Covenants Charges Conditions and Agreements in such Lease or Leases Deed or Deeds to be contained As also to the use and intent that every Person and Persons to whom any Rent yearly sum or payment shall be hereafter granted limited appointed or devised according to the true intent and meaning of these presents and according to the power liberty and authority allowed or given in and by these presents shall and may have receive levy and take the same and likewise distrain for such Rent and Rents sum and sums of Mony as shall fortune to be behind and not paid according to the intent and true meaning of these presents and of the several Grant or Grants Limitation or Limitations Devise or Devises Appointment or Appointments of for or concerning the same to be had or made pursuant to the power and authority hereby given as aforesaid c. 6. This Indenture tripartie c. Between The Uses declared upon a Recovery and Fine already had and levied A. B. on the first part C. D. on the second part and E. F. and G. H. on the third part Whereas the said E. F. and G. H. in the Term of Easter last past did by Writ of Entry sur disseisin en le post recover against the said C. D. all those the Mannors of A. B. C. c. and Thirty Messuages Twenty Gardens one Thousand Acres of Land c. prout en le Recovery as in and by the said Recovery remaining of Record in his Majesties Court of Common Pleas at Westminster relation being thereunto had more fully and at large it doth and may appear And whereas c. recite also the Fine if any be Now witnesseth this present Indenture That the true intent and meaning of the said A. B. and of the said Recoverors and parties to the said Recovery and also of the Cognizees of the said Fine and parties to the said Fine before and at the several and respective time and times of the suffering of the said Recovery and acknowledging and levying of the said Fine for touching and concerning the said Mannors Lands Tenements Hereditaments and
Premisses whereof the said Recovery and Fine were severally and respectively suffered levied and had as aforesaid always was and yet is that as well the said Recovery as the said Fine and all and every Fine and Fines Recovery and Recoveries and other Acts and Assurances of and concerning the said Mannors Messuages Lands Tenements Hereditaments and Premisses with the Appurtenances or of any of them at any time formerly suffered levied executed or had wherein or whereunto the said A. B. was or is any way a party and all and every the Executions of the same and every of them should and shall be and inure and be construed adjudged deemed and taken to be and inure and are hereby Covenanted granted agreed and declared to be and inure to the uses purposes and intents and under the Provisoes conditions and limitations hereafter in these presents expressed limited and declared And that the said Recoverors and either of them and all the parties to the said Recovery and takers thereby and their Heirs and all other person and persons and his and their Heirs who then were now are or hereafter shall be seised of the said Mannors Lands Tenements Hereditaments and Premisses with their and every of their Appurtenances comprised in the said Recovery should and shall stand and be seised of the said Mannors c. comprised in the said Recovery and of every part and parcel thereof with the Appurtenances to the uses purposes and intents hereafter expressed And that the said Cognizees of the said Fine and either of them and all the parties to the said Fine and the takers thereby and the Heirs of them and every of them and all and every other person and persons and his and their Heirs who at the time of the levying of the said Fine were or now are or hereafter shall be seised of the aforesaid Mannors c. comprised in the said Fine and every of them should and shall stand and be seised of the same Mannors c. Hereditaments and Premisses comprised in the said Fine and every part and parcel thereof with the Appurtenances likewise to the uses purposes and intents hereafter in these presents expressed and declared that is to say for touching and concerning To the use of A. for life after to E. his Wife for life the said Mannor of A. with the rights members Appurtenances Lands Tenements and Hereditaments thereunto belonging parcel of the said Mannors Lands Tenements and Hereditaments comprised in the said Recovery to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste And from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the natural life of the said E. B. for her Joynture and in lieu and full recompence of her Dower out of all the Mannors Lands Tenements and Hereditaments whereof the said A. B. now is or at any time was or shall be seised of any Estate of Inheritance during the coverture between him and the said E. B. And for touching and concerning all and every the other Mannors Lands Tenements and Hereditaments mentioned to be comprized in the said Recovery and Fine to the use and behoof of the said A. B. for and during the term of his natural life without impeachment of or for any manner of waste And for touching and concerning the immediate remainder of the said Mannor of A. with all the Lands Tenements and Hereditaments thereunto belonging before mentioned or meant to be limited to the said E. B. for her Joynture as aforesaid immediately from and after the decease of the said A. B. and E. B. his Wife and of the survivor of them and the immediate remainder of all and every the said other Mannors Lands Tenements and Hereditaments and every of them comprised within the said Recovery and Fine whereof there is no Use before limited or declared to the said E. B. for her Joynture to such uses purposes and intents immediately from and after the decease of the said A. B. and under such Provisoes conditions and limitations as hereafter in these presents are specified expressed limited and declared and to no other To the use of E. F G H. c for years to pay Debts c. Legacies use intent or purpose whatsoever that is to say to the use of the said E. F. and G. H. their Executors Administrators and Assigns for and during the terms and spaces of years hereafter mentioned to commence and begin as hereafter followeth viz. for touching and concerning the said Mannor of A. c. before limited to the use of the said E. B. for her Joynture for the term or space of Ten years to begin immediately from and after the Decease of the longest liver of them the said A. B. and E. his wife And for touching and concerning all the rest and residue of the said Mannors Lands Tenements and Hereditaments comprised in the said Recovery and Fine for and during the like Term and space of ten years to commence immediately from and after the Decease of the said A. B. upon Trust and confidence and for and unto the end intent and purpose That they the said E. F. and G. H. their Executors Administrators and Assigns shall and may receive perceive dispose and imploy the Rents Revenues Issues and Profits of all and every the said Mannors Lands Tenements and Premisses respectively for and during the said several terms of ten years for and towards the payment Payment of Debts and satisfaction of all such Debts and sums of Mony which the said A. B. doth now owe or hereafter shall borrow or owe or for which any Person or Persons now doth or do or hereafter shall stand ingaged for or with the said A. B. and for his proper Debt and for and towards the payment of such Legacy or Legacies and sums which the said A. B. shall by Payment of Legacies his last Will and Testament in writing to be by him signed sealed and published before three sufficient Witnesses at the least give limit ordain and appoint And from and after the end expiration surrender or other determination of the said Term or Terms of ten years and as they shall severally end and determine To the use and behoof of such Person and Persons and for such Estate and Estates as the said A. B. shall by his last Will and Testament in writing in the presence of three credible Witnesses or more limit appoint or declare and in default of such Limitation Appointment or Declaration to the use and behoof of c. Provided always c. Here may follow a Power given to A. B. to make Leases c. reserving the accustomed Rent c. 7. This Indenture Tripartie made c. Another the Uses of a Recovery as to several Mannors severally limited Between A. B. of
c. Esq and C. B. of c. Son and Heir apparent of the said A. B. and of E. B. deceased late the Wife of the said A. B. and sole Daughter and Heir of E. H. of c. deceased of the first part C. D. and E. F. of the second part And G. H. and I. K. of the third part Whereas the said A. B. is seized in his Demesue as of Fee of some part of the Mannors Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the Courtesse of England of other the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion whereof in Fee-simple being descended by and after the decease of the said E. B. unto the said C. B. Now to the end intent and purpose That the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned and expressed may be established vested and setled in and unto the said A. B. during the Term of his natural life and after his decease upon the said C. B. and upon his Name Stock and Posterity and to such other Uses as are hereby appointed 8. It is Covenanted granted condescended Covenant to levy a Fine concluded and fully agreed by and between the said Parties to these presents And the said A. B. and C. B. do for themselves their Heirs Executors and Administrators Covenant promise grant and agree to and with the said C. D. and E. F. their Heirs Executors and Administrators and to and with every of them by these presents That they the said A. B. and C. B. shall and will on this side and before the end of Michaelmass Term now next ensuing in due form of Law c. Let it be a Covenant to acknowledge a Fine Come ceo c. a Vide before Chap. 3. The use of the Fine to make Cognizees Tenants to a Precipe to G. H. and I. K. of the Mannors of A. B. C. and D. which said Fine or Fines so as aforesaid or in any other sort to be levyed and acknowledged shall be and inure and shall be deemed adjudged esteemed reputed and taken to be and inure to the use of the said G. H. and I. K. and their Heirs to the end intent and purpose that they the said G. H. and I. K. may become perfect Tenants of the Freehold of the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their appurtenances whereby one or more perfect common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following For which intent and purpose it is Covenanted and agreed by and between the said Parties to these presents That it shall and may be lawful to and for the said C. D. and E. F. to bring pursue and prosecute against them the said G. H. and I. K. one or more Writ or Writs of Entry sur disseisin en le post of and for the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their and every of their appurtenances c. b Vide before Chap. 3. as in a Covenant to suffer a Recovery The which said Common Recovery or Recoveries so as aforesaid or in any other manner to be had and suffered And all other Common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the decease of the said E. B. had made levyed suffered acknowledged or executed or to be had made levyed suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereunto they or any of them shall be Parties of for and concerning the said Mannors Messuages Lands Tenements Hereditaments and Premisses or any of them or any part or parcel of them or any of them shall be and inure and shall be adjudged deemed esteemed reputed and taken to be and inure to the uses behoofs intents and purposes and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed 9. That is to say for and concerning the The uses of the Recovery being for life with remainders over in Tail said Mannors of A. and B. c. with general words to the use of the said C. B. for and during the Term of his natural life without impeachment of or for any manner of Waste and with full power to do or commit Waste and from and after the decease of the said C. B. to the use and behoof of the said A. B. for and during the Term of his natural life and from and after the decease of the said C. B. and A. B. to the use and behoof of D. B. eldest Son of the said C. B. and of the Heirs Males of his Body lawfully to be begotten and for default of such Issue to the Remainders in Tail to 1 2 3 c. Sons use and behoof of F. B. second Son of the said C. B. and of the Heirs Males of the Body of the said F. B. lawfully to be begotten And for default of such Issue to the use and behoof of G. B. third Son of the said A. B. and of the Heirs Males of the Body of the said G. B. lawfully begotten And for default of such Issue to the use and behoof of the fourth Son of the Body of the said C. B. on the Body of M. B. his wife begotten or to be begotten and of the Heirs Males of the Body of such fourth Son lawfully to be begotten c. and so to the tenth Son And for default of such Issue to the use and behoof of all and every other Son and Sons of the Body of the said C. B. to be lawfully begotten successively one after the other and of the Heirs Males of the Bodies of every such Son and Sons severally and respectively to be begotten as they and every of them shall be in Seigniority of Age and Priority of Birth the eldest of the said Sons and the Heirs Males of his Body being ever preferr'd before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of I. B. second Son of the said A. B. and of the Heirs males of the body of the said I. B. lawfully to be begotten and for default of such Issue to the use and behoof of the Heirs of the body of the said A. B. lawfully begotten and to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said C. B. for ever 10. And as for and concerning the said Use of the Mannor in C. in trust to be sold Mannor of C. to the use and behoof of the said C. D. and E. F. and of their Heirs and Assigns for ever Upon trust and confidence nevertheless and to the end intent and purpose That they the said C. D. and E. F. and the survivor of them and his Heirs shall and
And that in Clause of Distress default of payment of the said yearly Rent or of any part thereof at either of the Feasts or Days of payment aforesaid contrary to the true intent and meaning of these presents Then and so often it shall and may be lawful to and for the said C. D. and G. and the Survivor of them and their and either of their Assigns into the said Mannors Messuages c. to enter and distrain for the said yearly Rent of Two hundred pounds per annum or any part thereof and for the Arrears thereof if any shall be and the Distress and Distresses there taken and had to lead drive take and carry away impound detain and keep until they and every of them shall of the said yearly Rent of Two hundred pounds per annum and of the Arrearages thereof if any shall be be fully satisfied and payed 5. And as to for and concerning the said Disposition of the Premisses after the Fathers death Mannors Messuages Lands Tenements and Hereditaments before mentioned and every part and parcel thereof It is further Covenanted concluded and agreed by and between the said Parties to these presents That the said Fine shall be and inure and the said Cognizees therein to be Named and the Survivor of them and his and their Heirs shall stand and be seized of the said Mannors Messuages Lands and Premisses To the use and behoof of the said A. B. for and during the Term of his natural life without impeachment of or for any manner of Waste and from and after the decease of the said A. B. to the use and behoof of the said C. B. for and during the term of his natural life without impeachment of or for any manner of Waste and from and after the decease of the said A. B. and C. B. to the use and behoof of the said G. for and during the term of her natural life in case the said Marriage take effect and she shall happen to survive the said C. B. in full satisfaction of Dower a 〈◊〉 whether this be good within the Stat. of 27 H. 8. because it may possibly take no effect immediately after Husbands death Vide Coke sur Lit. 36 b. Proviso to chang the use limited to Daughters upon Portions paid c. And after the deceases of the said A. B. C. B. and G. To the use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said G. lawfully to be begotten and in default of such Issue to the use and behoof of the Heirs Females of the Body of the said C. B. on the Body of the said G. lawfully to be begotten and for default of such Issue to the use and behoof of the Heirs Males of the Body of the said A. B. lawfully to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 6. Provided always That the said A. B. or any Heir Male of his Body in case the said C. B. shall happen to die having no Heir Male of the Body of the said C. B. on the Body of the said G. begotten then living shall pay or cause to be paid unto the Daughter and Daughters of the said C. B. on the Body of the said G. to be begotten These several sums following of lawful Moneys of England viz. unto the Daughter of the said C. B. in case he hath but one the full sum of One thousand and two hundred pounds and in case he shall have more Daughters then one by the said G. then to all the said Daughters of the said C. B. the sum of Two thousand pounds among and between them equally to be divided The said payments to be made at their respective Ages of Eighteen years or Days of Marriages which of them shall first happen Or if the said A. B. or any Heir Male of his Body shall at any time or times by such Security as the said C. D. and E. F. or the Survivor of them shall direct in writing under their Hands or the Hand of the Survivor of them sufficiently secure the payment of the said sum or sums in manner aforesaid That then and from thenceforth the Estate use and limitation of the Premisses to the Heirs Females of the said C. B. on the Body of the said G. to be begotten shall cease and determine And the said Fine and Fines shall be and inure and the said Cognizees and their Heirs shall stand and be seized of all and singular the Premisses from and after the death of the said C. B. and G. and payment made or Security given as aforesaid to the use and behoof of the Heirs Males of the Body of the said A. B. and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever With usual Covenants vide Chapter 14. 7. This Indenture c. Between A. B. of the one part and C. D. and E. F. of the other A Joynture made before Marriage with a Widow with several useful Covenants Vide Chap. 5. Sect 21. The Uses part Witnesseth that for and in consideration of a Marriage to be shortly had and solemnized between the said A. B. and E. G. of Widow late the Wife of H. G. deceased and for the future good and advancement of the said E. G. and in testimony of the singular good will and affection which he the said A. B. hath and beareth unto the said E. G. and for other good Causes and Considerations him the said A. B. thereunto moving He the said A. B. doth Covenant c. Here put a Covenant with C. D. and E. F. to stand seized from and after the said intermarriage of and in a Mannor a c. To the onely use and behoof of the said A. B. and of the said E. and of the Heirs and Assigns of the said A. B. for ever for the Joynture of the said E. in case she shall happen to survive and over-live the said A. B. and in full satisfaction of Dower c. vide before Sect. 2. in this Chapter 8. And the said A. B. for himself his Covenants against Incumbrances Heirs Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Executors and Administrators by these presents in manner and form following that is to say That he the said A. B. his Heirs Executors Administrators and Assigns shall and will from time to time and at all times hereafter well and sufficiently save defend and keep the said Mannor c. and all other the Premisses and every part and parcel thereof of and from all and all manner of former and other Bargains Sales c. as in a Covenant against Incumbrances And that the said Mannor Lands Tenements and other the Premisses now are and be of the
make account to the Mother the said C. D. and E. F. and the Survivor of them shall from time to time when he or they shall be thereunto required by the said E. yeild and make unto the said E. a just true and perfect account of the said increase or profit arising or growing from or by the said Childrens Portions or sums of Mony In witness c. 13. This Indenture made c. Between A. B. and E. his wife on the one part and C. Joyntures after Marriage had D. and E. F. on the other part witnesseth That for and in consideration of a Marriage lately had and solemnized between the said A. B. and the said E. Daughter of the said C. D. and in performance and accomplishment of such Articles and Agreements that passed and were made upon Consideration the Conclusion of the said Marriage And for the making and assuring of a competent Joynture to and for the said E. in case she shall happen to over-live the said A. B. He the said A. B. for himself his Heirs Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his Wife c. To levy a Fine to C. D. and E. F. sur Cognizance Covenant to levy a Fine de droit come ceo c. of Messuages Lands c. 14. And it is the true intent and meaning of all the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That the said Fine so to The uses be had and levyed as aforesaid of the said Messuages Lands c. shall be and inure and the said C. D. and E. F. and the Survivor of them his and their Heirs shall stand and be seized thereof and of every part and parcel thereof to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life and from and after his decease to the use and behoof of the said E. for and during the term of her natural life for her Joynture and in full For a Joynture and in satisfaction of Dower satisfaction of all such Dower as she the said E. may hereafter have or claim of or out of any Lands Tenements or Hereditaments whereof the said A. B. now is or shall be at any time seized of any Estate of Inheritance during the Coverture between the said A. B. and the said E. And from and after the decease of the said A. B. and E. and the Survivor of them To the use and behoof of the Heirs Males of the Body of the said A. B. on the Body of the said E. lawfully to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever with usual Covenant Then add this Covenant And it is further Covenant to alter the use to the Wife upon her suit for Dower Covenanted granted concluded and agreed by and between the said Parties to these presents That if the said E. after the death of the said A. B. in case she shall happen to over-live him shall disagree to and refuse to accept of the said Messuages and Lands hereby setled on her as aforesaid for and in name of her Joynture and shall commence or sue any Action at Law or Suit for any Lands Tenements or Hereditaments which were the Inheritance of the said A. B. during the Coverture between them for her Dower or upon her Title of Dower That then and from thenceforth from and after the commencement of such Action or Actions Suit or Suits the Uses or Estates herein before limited shall cease determine and be utterly void and then and from thenceforth the said C. D. and E. F. shall stand and be seized of all and every the Premisses aforesaid to the use and behoof of the said A. B. his Heirs and Assigns for ever This Indenture or any thing herein before contained to the contrary thereof in any wise notwithstanding 14. This Indenture c. Between A. B. Another after Marriage by way of Feoffment to uses Consideration of the one part and C. D. E. F. and G. H. of the other part Witnesseth that the said A. B. for and in consideration of a Marriage heretofore had and solemnized by and between the said A. B. and E. his now wife and for the setling of a competent Joynture on the said E. if she shall happen to survive and overlive the said A. B. and for the setling assuring and conveying of all and singular the Mannors Lands Tenements and Hereditaments hereafter mentioned with their and every of their Appurtenances in the Name and Bloud of the said A. B. for so long time as it shall please Almighty God and to the several uses intents and purposes and in such manner and form as hereafter in and by these presents is expressed mentioned and declared and according to and in pursuance of a certain Agreement between the said A. B. and G. H. I. K. c. before the said intermarriage had and made and also for divers good Causes and Considerations him hereunto especially moving Hath granted aliened released enfeoffed and confirmed and by The Feoffment these presents doth grant alien enfeoff release and confirm unto the said C. D. E. F. and G. H. All those his Mannors of A. and B. c. and the Reversion and Reversions Remander and Remainders thereof and of every part and parcel thereof To have and to hold the said Mannors c. and all and singular other the Premisses hereby conveyed and assured or mentioned or intended to be conveyed and assured with their and every of their Rights Members and Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof unto the said C. D. E. F. and G. H. their Heirs and Assigns for ever 15. To the several uses intents and purposes and upon the Trust and confidence and The uses of the Mannor of A. under the several Provisions Conditions and Limitations hereafter in and by these presents expressed limited and declared and to none other use intent or purpose whatsoever that is to say As to for and concerning the said Mannor of A. c. To the use and behoof of the said A. B. for and during the term of his natural life without To A. B. for life after to his Wife for life for a Joynture To 1. 2. 3 c. Sons in Tail impeachment of or for any manner of Waste And from and after his decease to the use and behoof of the said E. his Wife and her Assigns for
15. For cestuy que Use for life or his Issue-male to make Leases so as they be not without impeachment of waste and that the present Rent be reserved Sect. 11. Like power for them to make Joyntures Sect. 12. To Lease the Lands setled on the Wife for a Joynture at a Rent mentioned in the Schedule the Wife being made party Sect. 13. Another to make Leases so as Wife be party Sect. 14 16. To make Leases at the ancient Rents chargable nevertheless with the Rents before in the Deed limited Sect. 17. Power to two cestuy que Uses for life to make Leases successively Sect. 19. A Vse limited briefly to such persons to whom cestuy que Use for life shall make Leases Sect. 20 21. Chap. 9. Rents Annuities and Portions assured out of the limitation of Vses An Annuity for charitable Vses Sect. 1 2. Another of a Rent for life with Clause of Distress and a limitation of the Land unto the Party upon failer of payment of the Rent Sect. 3 4 5 6 7. A limitation of the Land to several Vses chargable with the Rents after mentioned and after the Rents are appointed with power to distrain Sect. 8 9. Portions for Daughters to be raised out of Leases made by cestuy que Use for life according to power given him Sect. 10. A Vse for years limited to Cognizees to pay Portions with directions over if Daughters die Sect. 11 12 19. Money yearly to be allowed to the Daughters until Portions paid Sect. 13. A limitation for years to be void if Feoffor die without Daughters or after Portions paid Sect. 14 15. A limitation to Daughters for want of Issue-male to be void upon Portions paid or secured by him in the next remainder Sect. 16 17. Daughters Portions to be raised out of a Rent-Charge with cestuy que Use for life hath power given him to grant Sect. 18 19 20 21. Chap. 10. Provision taken for payment of Debts Legacies c. in the limitation of Vses A limitation for years to the Cognizees for payment of Cognizors Debts discharge of Sureties payment of Annuities to Servants and then to surrender the Estate Sect. 1. A limitation to Cognizees and their Heirs for payment of Cognizors Debts by sale and discharge of Sureties and to restore the overplus c. but if next Heir pay the Debts c. within a year then the Cognizees to convey to him Sect. â— To make sale and pay Debts mentioned in a Schedule with direction for the overplus and Cognizor to enjoy until sale Sect. 3. A limitation after Cognizors death to Cognizors Executors for years to pay Debts c. Sect. 4. For performance of Cognizors Will Sect. 5. A Vse limited to such persons as Cognizor shall appoint to pay a sum in certain Sect. 6. Chap. 11. The form of alteration of Vses upon Acts done Vpon setling other Lands on Cognizors Wife the Vse limited to her to cease with a limitation over S. 2. A Vse altered and limited to a person to whom a Rent is appointed upon default of payment S. 3 4 5. A Vse made void and a limitation over if cestuy que Use marry without Fathers consent S. 6 7 8. A limitation to the Wife to cease and a limitation over upon her claiming of Dower S. 9 10. A Vse altered upon Non-payment of a sum in gross S. 11 12 13 14 15. To alter a Vse upon payment back of a Marriage-Portion in case the Marriage take none effect S. 16. Chap. 12. Power given to Revoke Vses and limit new S. 1 2 3 4. To Revoke Vses with exception of Leases to be made by force of a power given in the same Deed S. 5 9. To Revoke old Vses and limit new as to particular persons S. 6 7. Another as to one particular Mannor S. 10. To Revoke old Vses and limit new with consent of Cognizees S. 8. Chap. 13. The forms of Deeds of Revocation and limitation of new Vses A short form S. 1. Another with recital of the power of Revocation S. 2 3. Another with a Feoffment added S. 4. Another of a Vse setled by Covenant to stand seised S. 5. Another pursuant to power given upon having of Issue S. 6. Chap. 14. The several forms of settlements of Estates By Covenant to levy a Fine and declaration of Vses with power to make Joyntures grant Rents and make Leases S. 1 2 3 4 5. Another by Vses declared upon a Fine and Recovery with provision for payment of Debts S. 6. Another by declaration of Vses of a Recovery as to several Mannors severally S. 7 8. The Vse of a Recovery for life with remainders over in Tail S. 9. Vse of a Mannor in Trust to be sold and Appointment for the disposition of the money S. 10. Proviso to make void a particular Vse upon payment of money and a limitation over S. 11. Another to give power to make Leases of a particular Mannor to pay Portions S. 13. Chap. 15. The forms of several Covenants used upon settlements of Estates to Vses To stand seised to the Vses before-mentioned in case the Conveyance prove deficient S. 1 2. That he is owner and hath power to settle S. 3 4 5. That the thing is free from incumbrances S. 6 7 8. To enjoy S. 9 10. Not to do any Act to impeach the settlement S. 11. For further Assurance S. 12 13. For settlement of Lands to be purchased S. 14. To permit Lands to descend S. 15. Chap. 16. The several forms of Joyntures before and after Marriage Before Marriage mutual Covenants that each party shall marry the other S. 1. A Joynture by way of Covenant to stand seised to Vses S. 2. Another by Covenant to levy a Fine to Vses S. 3. Vses upon a Fine to the end that the young pair shall receive a Rent during Fathers life S. 4. And a limitation of a Vse after as to the Mannors Lands c. S. 5. With a Proviso to cease a limitation to Daughters upon Portions paid S. 6. Another upon Marriage with a Widow with several Covenants relating to the Widows Children and power given to her to make a Will S. 7 8. 9 10 11 12. A Rent limited to the intended Wife in satisfaction of Dower with a limitation over of the use of the Lands S. 19 20. After Marriage by Covenant to levy a Fine to the use of Husband for life after of the Wife for life in satisfaction of Dower with remainders in Tail and a Covenant to alter the Vse upon her claim of Dower S. 13 14. Another by way of Feoffment to Vses as to several Mannors severally with a limitation for raising of Portions S. 15 16 17. A Proviso to cease the limitation to the Wife as to part if she marry again S. 18. Chap. 17. Containing several Covenants used upon Marriages and Joyntures made To pay the Marriage-Portion S. 1. To pay a sum upon refusal of the Marriage S. 2. To maintain the young pair S. 3. To
limited to Daughters in default of Heirs Males to cease upon payment of their Portions by him in remainder and the Vse then is limited to him Ch. 9. S. 16 17. A Vse li 〈…〉 ed to the Cognizors Wife to cease upon settlement of other Lands on her with a Limitation over Ch. 11. 8. 1. A Vse limited to persons to whom a Rent is appointed upon default of payment Ch 11. S. 4 5. A Vse to cease if Cestuy que use marry without Fathers consent and a Limitation over Ch. 11. S. 6. A Vse limited to a Wife altered upon her claim of Dower Ch. 11. S. 9. Vse altered upon non payment of money Ch. 11. S. 12. Uses limited to pay Portions to Children A Use to Cognizees to pay Portions and allow maintenance until paid C. 9. S. 11 12 13. If Feoffor c. die without Daughters or after the Portions paid the Limitation to be void with remainder over Ch. 9. S. 14 15 18 19 20. Ch 14. S. 13. For payment of a Rent to raise Portions Ch 9. S. 21. Uses limited to pay Debts A Use limited for years to pay the Cognizors Debts and Annuities by him granted Ch. 10. S. 1. Use limited that the Land shall be sold to pay Debts Ch. 20. S. 2 3. A Limitation for years to Cognizors Executors to pay Debts S. 4. And Legacies ibid. To perform the Cognizors Wâ—ll S. 5. Ch. 14. S. 6. A Use of a Mannor to be sold c. Ch. 14. S. 2. A Use limited to such persons as the Cognizor shall appoint by Will until a sum raised c. with a Limitation over Ch 10. S. 6. Power given to revoke Uses and appoint new See the former Table in Ch. 12. The forms of Deeds of Revocation See the former Table in Ch. 13. See also before in this Table Title Revocation Writings and Evidences A Covenant to produce them in defâ—nce of the Title Ch. 3. S. 25. Waste A Limitation for life without impeachment of waste and power to commit waste Ch. 7. S. 7 8. Without impeachment of waste as to Woods c. S. 2. c. Arcana Clericalia Or THE MYSTERIES OF CLERKSHIP CAP. I. What a FINE is A FINE is that which is accounted of all kind of Assurances the highest and most forcible and although it be but fictio Juris yet it is called a Fine quia finem litibus imponit and is also said to be exceptio peremptoria and therefore not onely esteemed A micabâ—lis compositio but finalis concordia the latter of which it is deservedly said to be quia finem ponit negotio adeo ut neutra pars litigantium ab eo de cetero possit recedere It is an Instrument or Assurance containing a final Agreement commonly made by the consent of persons sometimes by force of a Suite in Law upon some Covenant for the levying thereof concerning Lands Tenements Hereditaments Rent or other things wherein the Kings Licence must be duly had and obtained It must be acknowledged by the Cognizor Deforceant or he that parts with his right in the â—ands contained in the Fine upon a writ of Covenant most commonly but sometimes upon a Quid juris clamat per quae servicia de rationabilibus divisis de Recto patens de Recto clausum warantia Chaâ—tae c. as the case requires before the Iustices of the Common Pleas or such other persons thereunto authorized by Commission out of Chancery and lastly it must be ingrossed upon Record in the same Court there to remain for ever for the ending and composing of all differences and controversies as well between the parties and privies to the same as all strangers not claiming in due time Although a Fine is now become a formal Assurance of common use from the result of a feigned difference yet anciently it was the composure of a real controversie and the end of a Suite indeed For after the parties had contended by suite in law about the thing in question by agreement a fine was levyed of it and so the difference was ended This of all other is esteemed the best Assurance and is much of the nature of a Feoffment with Livery and Seisin executed thereupon but of greater efficacy and therefore called a Feoffment upon Record By this Lands may be conveyed in Fee-simple Fee-tayl for life or for years and rent thereby also reserved And lastly to sum up all in the words of the Sages of the Law There neither is nor can be provided by the Laws of the Land any greater or more noble Security by which any person may make his Estate more secure or produce a Testimony of the highest Nature for confirmation of his Estate then a Fine levyed in the Kings Court upon Record which is therefore called a Fine because it ought to be the Complement and end of all proceedings and differences CAP. II. Of the several kinds of a Fine OF Fines there be four kinds The first whereof is called a Fine sur Cognizance de droit come ceo que il ad de son done which is single and called also a Fine sur Release The second is a Fine sur Cognizance de droit come ceo que il ad de son done which is double and properly called a Fine sur done grant render The third is called a Fine sur Cognizance de droit tantum which is sometimes single sometimes with Grant and then it is called a Fine sur done grant And the fourth a Fine sur concessit A Fine sur Cognizance de droit come ceo que A Fine sur Cognizance de droit come ceo c. what it is il ad de son done is the best most principal and surest of all kind of Fines by which an Estate passeth absolutely to the Cognizee without rendring any thing back again to the Cognizor and therefore is said to be single It is levyed with Proclamations according to the form of the Statute 4 H. 7. Cap. 24. It is said to be executed viz. such a Fine whereby the possession in Law of the lands contained therein is immediately transferred to and vâ—sted in the Cognizee without the help of a writ of habere facias seisinam so that he may enter for that the Estate is thereby in law in the Cognizee that is to say to such uses as are declared in the deed leading the use of the Fine for take this for a maxime That unless it be declared by deed or otherwise to what use the Fine was levyed the Fine shall be and inure to the use of the Cognizor that levyed the Fine A Fine sur done grant render is that which is A Fine sur done grant render what called a double Fine being in a manner two Fines that is to say A Fine sur Cognizance de droit come ceo c. and a Fine sur Concessit form'd into one whereby the Cognizee after Release and warranty made to him by the Cognizor of the lands
contained therein doth grant and render back to the Cognizor the lands c. or some part thereof and many times limitting thereby Remainders to persons that are Strangers and not named in the writ of Covenant This fine is partly executed partly executory and hath Proclamations and is quoad partem priorem absolutely of the same Nature with a Fine sur Cognizance de droit come ceo c. but as to the second part containing a Grant and render as aforesaid it is taken in law to be rather a private Conveyance or Charter then to have the force of a Fine which as we have before expressed is declared to be a Feoffment upon Record With this agrees the Lord Cooks exposition in 5. Rep. fo 38. where speaking of a Fine with Render he hath these words The Cognizance of a Fine and a Grant and render therein shall be expounded and taken as a Charter or other Conveyance between party and party and not as a Writ or Iudgment upon Record A Fine sur Cognizance de droit tantum ove Fine sur done grant what grant which is also called a Fine sur done grant is levyed without Proclamations executory and much of the Nature of a Fine sur Concessit and is used commonly by Tenant for life to make a surrender of the Lands contained in it to him or them that have the Reversion or Remainder thereof and so you will find it used Chap. 10. Sect. 1. and 5. of this Treatise And sometimes it is expressed by such Fine that the particular Estate is in another and that the Cognizor willeth that the other shall have the Reversion or that the land shall remain to the other after the particular Estate spent West Symb. part 2. Dyer 216. Plowd 265. Coke 3. 86. and 7. 12. Crooke 1. last published fo 693. A Fine sur Concessit is where the Cognizor is Fine sur Concessit what seised of the Lands contained therein and the Cognizee hath no Freehold therein but it passeth by the Fine it is without proclamations and executory for the Cognizee or Cognizees therein must enter and have a writ of habere facias seisinam according to their several cases for the obtaining of the possession if the parties at the time of levying such Fine sur Concessit be not in possession of the thing granted but if they be in possession at such time there needs not any such Writ or any Execution of the said Fine to put them into possession for then the Fine will enure by way of Extinguishment of Right and doth not alter the Estate or right of the Cognizee however perchance it may better it CAP. III. Of the parts of a Fine THe parts of a Fine are five viz. The writ of Covenant 2. The Composition or the Kings licence to alienate 3. The Concord 4. The Note of the Fine 5. The foot of the Fine And if it be a Fine sur Cognizance de droit come ceo c. it is requisite that a sixth be added viz. Proclamations as a necessary adjunct thereunto 1 The writ of Covenant is the original writ Writ of Covenant taken out by the Cognizee or Cognizees against the Cognizor or Cognizors to the Fine for without â—his a Fine cannot be levyed And a Fine may be levyed upon any writ of Right or other writ whereby Land is demanded or may be recovered 2 The Composition or Kings Licence to alienate Composition for which the 〈◊〉 hath a Fine or sum of mony which is called the Kings Silver and is paid in when the Land reposeth 3 The Concord or Agreement between the Concord parties that intend the levying of the Fine wherein is declared how and in what manner the things contained in the writ shall pass and as the writ of Covenant is the foundation so this is the substance of the Fine For if the Kings Fine be entered and indorsed upon the writ of Covenant by the Clerk of the Kings Silver although the Cognizor dye before the Fine comes to the Chirographer yet is the Fine good for the Note and foot of the Fine are but Abstracts taken out of this by the Chirographer 4 The Note of the Fine which is an Abstract Note of the Fine taken out of the writ of Covenant and Concord by the Chirographer before it be ingrossed and begins thus ss Inter A. B. quer C. D. deforcientem 5 The foot of the Fine includeth the whole Foot of the Fine Fine the parties to the same the thing granted the day year and place and before whom the Concord was made and this is called the foot because it is the last part of the Fine And when this is done the Fine is ingrossed of Record and the Indentures made by the Chirographer and delivered to the party to whom the Cognizance is made and then the Fine is said to be ingrossed The Proclamations made upon a Fine which although they be not the essential parts of a Fine yet as is said before are requisite to a Fine sur Cognizance de droit come ceo c. for they do make a Bar according to what doth pass CAP. IV. Who may be Cognizors and Cognizees in Fines and by what names they may give and take in a Fine SVch persons Male or Female or bodies sole or Who may be Cognizors in Fines Corporate that are capable of granting by deed may be Cognizors in Fines And so an Infant Feme covert an Ideot mad or Lunatick person one non sane memorie or that hath a Lethargy or a doting old person that wants discretion a man that is drunk or one born blind deaf and dumb a Bastard an out-lawed person or one Attainted of Treason or Felony or persons that are compelled thereto by threats and Menaces to lose their lives or members or to suffer Imprisonment and a Fine levyed by them may be good But the Iudges or Commissioners before whom Fines are to be levyed by such persons ought not to admit such unfit persons to acknowledge Fines as Madmen Lunaticks Ideots doting persons men that have the Lethargy or are drunk Infants Feâ—e Coverts and such as are forced to it by threats or Imprisonment neither ought such as are born blind deaf and dumb persons attainted of Treason or Felony and such like to be received to levy Fines But if any of these be admitted Cognizor in a Fine and such Fine be thereupon levyed in due form of law The Fine in most cases will be good and unavoidable Coke 12. 124. Lit. Sect. 731. fieri non debet sed factum valet A Fine may also be levyed by a Mayor and Commonalty and such other Corporations Civil and bodies Politick as have an absolute Estate in their possessions belonging to their Corporations if it be done together and by the joynt consent of the body Corporate For no one of the Corporation no not the head of the Corporation by himself nor any of the
pl. 54. That a Castle Honour or Hundred may be parcel Castellumâ— Honor-Hundredum of a Mannor and pass by the name of the Mannor whereof it is parcel Or it may pass by its own proper name as de Castello de S. cum pertin or de Hundredo de S. cum pertin or de Honore de S. 20 Ass pl. 54. 2 Edw. 3. 36. 1 Edw. 3. 4. That the County City Town Parish Hamlet and Endship wherein the things lye that are to pass by the Fine ought to be certainly named And therefore if there be two Towns Walton and Street in the parish of Street and a Fine is levyed of such Lands in Street in this case Lands in Walton will not pass by this Fine Walton being a distinct Town or Ville by it self and although Street the Parish comprehend both yet in the Fine the lands in Walton shall not be said to be comprized unless Walton had been an Hamlet of Street and that the Fine had been levyed of lands in the Parish of Street then all would have passed well enough Crooke 2. 120. Stock and Foxes Case So if a Mannor extend it self into divers Towns as into A. B. C. it is safe and best to express all the Towns or none of them at all For haply the Fine may be good if the Mannor be onely named and be not said in what Town it doth lye As de Manerio de S. cum pertin but otherwise it must be de Manerio de S. cum pertin in A. B. C. for if any one of the Towns be omitted none of the Mannor in that Town so omitted will pass 9 Edw. 4. 6. That where divers Mannors be of one name with distinction of North and South to it as South S. North S. and the like There it is safe to express in the Original writ and all the proceedings of the Fine which of the Mannors is intended to be passed by the Fine And yet perhaps the Fine may be good to pass the Mannor intended to be passed without this distinction Crooke 1. 196. 200. 9 Edw. 4. 6. Brooke Fines 44. 91. 12 H. 7. 6. That when a Fine is but for the Presentation Presentation Parsonage Vicaridg Rectories c. to a Church onely it must be de Advocatione Ecclesiae de S. and not cum pertin And a Vicaridge endowed must be de Advocatione Vicariae Ecclesiae de S. and not cum pertin And where the Vicaridge is not endowed it must go under these words de Advocatione Ecclesiae de S. And Parsonages Rectories Advowsons Vicaridges and Tythes impropriate pass not by the words de Advocatione Ecclesiae but de Rectoria Ecclesiae de S. cum pertin West Symb. 2 part Title Fines and Concords A Fine was levyed de Advocatione Ecclesiae de Advowson and Rent reserved * Rectory and Rent reserved Wood. House-boot c. Chappel or Hospital Mesuage C. ac de quatâ—or Librat reddiâ— cum pertin in S. C. B. Coke 3. 45. A Fine was levyed of a Rectory out of which a Rent of 30 l. per Annum was rendred Coke Lillingtons Case High-wood and Vnder-wood pass under the general denomination of Wood. Houseboot Hayboot and Plowboot by the name of Estovers A Chappel or Hospital will pass by the name of a Mesuage 13 Ass pl. 2. So by the name of a Mesuage with the Appurtenances may pass an House with a Shop Curtilage Garden Orchard and as some say a Dove-house and Mill as parcel thereof That by the name of a Cottage a Toft Chamber Cottage and Celler will pass That part of an intire thing may pass by the Part of intire things words de medietate de tertia parte de quarta parte c. as the Case requires or de duabus partibus in tres partes dividend or de medietate omnium decimarum granorum feni ac terrae vocat le Blacklandâ— cum pertin in H. But if an intire thing as a Mannor or Mesuage be parted as if the Mannor of S. be divided into two parts and the division be so made as that the Mannor for that part be not extinct and a Fine is â— be levyed of a part of it it must pass by the name â—f the whole As de Manerio de S. So if a Mesuage and 23 acres of land be parted the part divided may pass by the name of one Mesuage and ten â—ctes of land and not de medietate â—nius Mesuagii viginti trium acrarum terrae And Note that it is usual in Fines to comprehend more number of acres then are intended to pass yet in such Case no more shall pass then what is intended and agreed upon between the Parties Popham Rep. 105. â—ed ss PRaecipe Thomae Snagge Armigero Radò Precipe quod teneat or Abstract of the writ of Covenant Order of placing the parcels Snagge generoso quod juste c. teneant Roberto Yarway generoso Manerium de Kempston Dawbney alias Kempston S. Johns cum pertin in Kempston Et nisi c. AC de duobus Mesuagiis or de uno Capitali Mesuagio duobus Salinis vocat Witch-houses alias Salt-houses duobus Shopis duabus Cameris â—â—o Stabulo sex Cottagiis uno Curtilagio duobus Toft is quatuor horreis uno Molendino aquatico or uno Molendino aquatico granatico uno Molendino ventritico or uno Molendino Fullonico uno Columbar decem Gardinis decem Pomaâ—iis Centum acris terrae or terrae aqua coopertae riginti acris Prati decem acris Pasture sexdecim acris Bosci or Subbosci or de quatuor virgat Bosci viginti acris Saliceti viginti acris Jampâ—orum Bruere viginti acris More duabus acris Turbariae octo acris Mosset sex acris Juncar decem acris Marisci frisci or Marisci salsi duabus acris Alneti quadraginta acris Arundin decem acris Ruscar or de Rectoria Ecclesiae parochialis de C. ac de decimis Garbarum granorum feni eidem Rectoriae spectan or de decimis Garbarum ad Ecclesiam de C. qualiter cunque spect or de Rectoria impropriat de R. cum pertin or de Rectoria de K. Or de Advocatione Ecclesiae de K. cum pertin or de Advocatione Ecclesiae de K. or de Advocatione Presentatione Donatione Libera dispositione Jure Patronatus Ecclesiae de K. Or de Rectoria de K. Ac de Advocatione Vicariae de K. or de Advocatione Ecclesiae de K. alternis vicibus cum acciderit Or de proficuis granorum feni Lane Agnorum Ac de omnimodis aliis decimis cum pertin in K. Or de quadam portione decimarum aut pensione in S. or de decimis garbarum granorum feni cum pertin in A. B. Necnon de decimis Lane Agnorum Oblationum Obventionum Emolumentorum Ac de omnibus aliis decimis quibuscunque provenien crescen seu renovan in W. or de omnibus omnimodis Oblation decimis garbarum granorum feni Lane
Lini porcellorum ancarum Agnellorum c. Et aliis Emolumentis quibuscunque spectan pertinen crescen sive existen cum pertin in H. Or de Communia pasture pro omnibus omnimodis Averiis or de pastura pro trescentis ovibus cum pertin in parochia de Dale or de Communia pro omnibus Animalibus or pro omnibus omnimodis Animalibus or pro decem ovibus decem equis vaccis porcis spadonibus c. or de Communia pasturae quam praedictus A. habet habere solebat pro omnibus Averiis suis in Centum acris pasturae ipsius A. in S. Or de libera Warrena sua in D. or de una Wharfa or de seperal Piscaria in Aqua de S. or de liberis Piscariis in Aquis de B. C. D. or de Piscaria or de libertate unius Faldagii cursu ovium or de libertate Faldagii or de libertate Faldagii pro viginti ovibus or de libero Faldagio ovium or de libera Falda or de Gurgite or de Cursu aquae currentis à loco vocat H. intra per terras vocat M. Or de Nundinis de B. singulis Annis ad Festa de N. B. ibidem tenend or de Mercat de B. or de quieto libero passagio ultra aquam de S. or de Chimino Or de viginti libraâ— viginti solidat decem deâ—r uno Obulo quadrant Reddit or de decem â—arcat reddit or decem Marcis reddit or de â—eddit unius libre piperis unius Clavi Gariophilâ— or unius Rose rubre or unius quarter ' hordei â— de reddit Centum Gallinarum or de duobus â—â—ch Caponum or de reddit unius par Cheirodecarum unius libre Cere unius libre Cumini â— de reddit Centum Gallorum or de viginti soâ—dis annualis redditus exeun de Manerio de D. Or if it be of parts of things whereof the Fine is â—â— be levyed they must be thus named de Medieate Manerii de D. cum pertin de tertia parte duâ—um mesuagiorum or de duabus partibus in tres â—rtes dividend octo acrarum terrae or de tertia parte tenementorum in C. in tribus partibus diviâ—â— or de Medietate decem Mesuagiorum or de â—â—rcia parte Rectoriae Ecclesiae de K. cum pertinâ—â— de Medietate omnium decimarum granorum bladorum garbarum feni de terra vocat F. cum pertin in L. or de tercia parte Vic' Franc ' pleg ' cum pertin bonorum catallorum waiviat felon fugitivorum utlagat in exigendo posit felon de se Deodand Thesaur invent cum pertin in D. or de tercia parte quinque librarum cum pertin exeun de Manerio de H. And lastly for your better instruction of placing the parcels in a Fine observe these following Rules â—s 1. That the worthy things must be put first so a Mesuage must be named before Land a Mannor before a Mesuage a Castle before a Mannor Arrable before Meadow c. Plowd 168. 7 H. 6. 39. 2. Things general before special things as land being the genus therefore is to be placed before Meadow Pasture Wood Heath Marish c. and Boscus must precede Alnetum Salicetum c. as wood is the genus to Wood-ground 3. Intire things are to be set down before parts of things de Manerio de A. de Medietate Manerii de B. c. 4. Parts of the things excepted must follow the things themselves out of which they are excepted And if there be divers parcels in the Writ that thing out of which the exception is made must be put last of all thus after all the rest de Manerio de B. cum pertin in C. except uno Mesuagio duabus acris terrae Advocatione Ecclesiae de B. c. Regist Orig. so 6. 5. The thing excepted must be certainly named and in this there needs not the Addition of the words cum pertin as are used after the things granted 6. The Exception must alwaies be of such a thing as will lye in a Writ and of such a thing as is comprehended in the writ as Precipe A. quod juste c. ten B. Conventionem c. de uno Mesuagio duabus acris terre decem acris prati Centum acris pasture cum pertin except una acra prati in L. Et est Concordia talis scilicet quod praedict A. recogn tenementa praedicta cum pertin except preexcept esse jus c. 7. Where the Original writ is of many things if of eight things as a Mannor House Rectory c. they are thus expressed first De uno Manerio secondly Ac de Rectoria thirdly Necnon de Mesuagio c. and for the fourth thing Aceciam for the fifth Praeterea for the sixth Ac ulterius for the seventh Aceciam and for the eight Ac insuper And if there be more then to begin again CAP. VI. Observations in Drawing the forms of Concords TWo things are chiefly to be considered in the drawing of Concords of Fines As first the Precipe which is the Recital of the contents of the writ of Covenant and is called the Title or head of the Concord or Agreement The form whereof is thus Midd. ss Precipe A. B. quod juste c. teneat C. D. Conventionem c. de decem Mesuagiis Centum acris terrae sexaginta acris Pasturae in Isllington Et nisi c. This Praecipe is to express the things in particular whereof the Fine is to be levyed in the same order and words as they are mentioned in the Original writ in which also the names of the parties with their Additions must be inserted as Precipe F. Comiti B. quod juste c. ten H. F. Armigero c. That therein the parcels must be named according to the directions before set down in the fifth Chapter which must alwaies be according to the Rule in the Register comprehended in the ensuing verses Mes â—gium Tost um Mol. endinum Col. nmbare Gar. dinum Terr a Pra. tum Pas tuâ—a Bos cus Brue ra Mora. Junca ria Maris cus Alne tum Pis caria Red. ditus Sectare priora Secondly The Concord it self as to which we are to observe that the particulars or parcels ought not to be recited as fully in the Concord as when they were first named in the writ of Covenant or other original writ pertinent to a Fine or as they are expressed in the Precipe but instead of naming of every particular over again it will be sufficient to say thus Et est Concordia talis scilicer quod praedictus A. recogn tenementa praedicta cum pertin esse jus ipsius H. c. where note that by the word tenementa any number or quantity of distinct things or parcels will be well enough and aptly expressed except the Precipe be of entire things by themselves as Precipe c. quod ten Conventionem c. de
acris Pasture in M. Et nisi c. which done ingross it fairly in Parchment with the Concord according to the Instructions and Presidents in this Treatise And then go with the Cognizor or Cognizors to the Lord Chief Iustice of the Common Pleas at his Chamber and deliver your Parchment if it requires hast to the Clerk of the Fines who will cause the Caption to be writ underneath the Concord on the left hand if it be not done before you come thither thus Capt. cognit primo die Maii Anno regni domini nosâ—ti Caroli secundi nunc Regis Anglie c. vicesimo coram me and also see that the Cognizors subscribe their names to the Concord on the right hand and inquire of him that comes with the parties to the acknowledgment of the Fine if he knows them and see that he subscribes the Fine accordingly at the bottom thus A B. cogn paries which done he will get the Lord Chief Iustice his hand to the Caption of the Concord ingrossed in Parchment And also to a Coppy thereof fairly written in paper which is to remain with the Cleck of the Fines But the Concord in Parchment you are to carry to the Cursitor of the County where the lands lye and there get your writ of Covenant made which you are to carry before it be Sealed to the Alienation Office in the Temple and there compound it and get it entred and indorsed which done you are to carry it back to the Cursitor who will get it Sealed and that being done you are to make your Warant of Attorney for the Fine in this manner Bed ss R. S. Armiger Po. lo. sâ—o W. B. Attorn suum ad prosequend breve de Con. versus T. S. A. uxorem ejus de Maneriis terris tenementis in M. c. When you have made this Warrant of Attorny you are to file it with the Clerk of the Warrants who will sign the Writ of Covenant with a Stamp for that purpose Then file the writ of Covenant and the Precipe and Concord together and carry them to Mr. Jones his Office in the Middle-Temple who returns the Writ of Covenant and Signs the same with his Stamp After this the Custos Brevium is to have it to make his entry thereof upon the Roll and indorse upon the Writ when the Proclamations are to be made from whom you must carry it to the Clerk of the Kings Silver who will perform what belongs unto it there And being once dispatched that Office it is then a Fine in force of Law Afterwards carry it to the Chirographer whose Office is in the Middle-Temple and there the Clerk that deals for that County where the lands in your Fine do lye will make the Indentures of the Fine and then it is finished A Fine is acknowledged at the Bar after this manner First an Attorney must deliver the Writ of Covenant Sealed with the Precipe and Concord ingrossed in Parchment as above to one of the Serjeants at Bar where the Cognizors are to be presâ—nt Then the Serjeant must desire the Chief Iustice to record the appearance of the Cognizors which being granted by him The Serjeant saith denâ—ers le Roy. Then answereth the second Prothonotary or his Clerk que donera Then the Sergeant shall answer thus Cestuy que avera Then the second Prothonotary or his Clerk shall answer again thus trahes la paix Then the Sergeant must say Ove vostre conge la paix est tiâ—l scilicet c. reciting in French the Concord so delivered unto him as aforesaid by the Attorney with relation to the particulars of the lands contained in the Precipe And that being done the Sergeant must if any one of the Cognizors be a Feme-covert tell her that she must go up to the Puisne Iudge to the Bench to be examined of her consent which Iudge taketh the Concord so written in Parchment as aforesaid and examineth her apart privately and then delivereth it to the Prothonotary to be recorded Then take the Precipe and Concord when the Court hath recorded it and file it to the writ of Covenant and paying the Fees of Court pass it through the several Offices as you are before directed in the acknowledgment before the Lord Chief Iustice The manner of acknowledging and levying a Fine before Commissioners Any Iudge of the Common Pleas Kings Bench or Baron of the Exchequer as is before declared may take the Caption of a Fine before the Dedimus potestatem be sued out which you may sue out afterwards and carry it under Seal to him that took the Cognizance of the Fine and he will return the same A Fine may also be taken by special Commission in the Country to do which you must deliver to the Cursitor the Commissioners names one whereof must be a Knight by which with the Concord the Cursitor will make the Dedimus potestatem and get it sealed for you Then deliver the Dedimus potestatem to the Commissioners with the Precipe and Concord ingrossed in Parchment with wax and seals unto it and when the Cognizance is taken by them they must return the Dedimus potestatem in this manner Executio istius Commissionis patet in quadam Schedula huic Commissioni annex And then file the Concord to the back of the Dedimus potestatem and let the Commissioners set their seals to the Concord and their hands to the return of the Dedimus The Caption of the Concord must be thus Capt. cognit apud Villam B. in Com. B. decimo octavo die Augusti Anno Regni Domini nostri Caroli Secundi nunc Regis Anglie c. vicesimo secundo coram nobis A. B. C. D. E. F. Then when you have returned up your Dedimus potestatem carry it to the Cursitor who will make you the writ of Covenant And then pass the Fine as before is directed onely in this case if one of the Commissioners that takes the Caption be not a Knight you must draw up a Certificate upon the back of the Concord and carry it to a Iudge of the Common Pleas for his Allocatur The form of the Certificate is thus A B. gent. one of the Commissioners in the Writ of Dedimus named maketh Oath that this Fine was duly executed the Cognizees of full Age and the Feme Covert being secretly and apart examined willingly consented A. B. CAP. VIII Of Fines sur Cognizance de droit come ceo que il ad de son done their Forms c. Sect. I. A Fine levyed by One to Two Joynt Purchasors Midd. ss PRecipe A. B. quod juste c. teneant C. D. E. F. Conventionem c. de uno Mesuagio uno Cottagio decem acris Pasture cum pertinentiis in B. Et nisi c. ET est Concordia talis scilicet quod predictus A. recogn predicta tenementa cum pertinentiis esse jus ipsorum C. E. ut illa que iidem C. E. habent de
duo Gardina sexaginta acras Terre sex acras Prati tenementorum predictorum resid cum pertin que Elizabetha B. uxor Thome B. tenet ad terminum vite sue de hereditate predicti Henrici die quo hec Concordia facta fuit Et que post decessum ipsius Elizabethe ad prefatum Henricum heredes suos debuerunt reverti post decessum ipsius Elizabethe integre reman prefat Arthuro heredibus suis Tenend simul cum tenementis Piscar predictis de Capitalibus dominis feodi illius per servicia que ad eadem pertinent imperpetuum Et predict Henr. heredes sui warant praefato Arthuro heredibus suis tenementa Piscar predict cum pertin sicut predictum est Contra omnes homines imperpetuum c. Sect. XVI A Fine sur Cognizance de droit tantum levyed by way of Release to confirm the Cognizees Estate in certain Lands whereof he is possessed and whereunto the Cognizor hath but a bare Right CArolus Dei gratia Anglie Scotie Francie Hibernie Rex fidei defensor c. Omnibus ad quos presentes litere nostre pervenerint Salutem Sciatis quod inter Recorda ac pedes Finium cum Proclamationibus inde factis secundum formam statuti in hujusmodi Casu nuper edit provisi coram Justiciariis nostris de Banco apud Westm De Termino Pasche Anno regni nostri Octavo Continetur sic Bed ss Hec est finalis Concordia facta in Curia domini Regis apud Westm à die Pasche in quindecim dies Anno Regnorum Caroli Dei gratia Anglie Scotie Francie Hibernie Regis sidei defensoris c. A Conquestu Octavo Coram Roberto Heath Richardo Hutton Francisco Harvie Justiâ— aliis domini Regis fidelibus tunc ibi presentibus Inter Radolphum Snagge Armigerum Annâ—m uxorem ejus deforcientes de Maneriis de Kempston alias Kempston Dawbney St. Johns cum pertin Ac de decem Mesuagiis viginti Cottagiis decem Toftis uno Columbar triginta Gardinis viginti Pomariis 300 acris Terre 20 acris Prati 300 acris Pasture 250 acris Bosci 400 acris Jampnorum Bruere cum pertin in K. M. M. W. parochia Sancti P. in Villa Bedford Unde placitum Conventionis sum suit inde inter eos in eadem Curia scilicet quod predicti Thomas Anna recogn predicta Maneria tenementa cum pertin esse jus ipsius Radolphi Et illa remiserunt quiet clam de ipsis Thoma Anna heredibus suis predicto Radolph heredibus suis imperpetuum Et preterea iidem Thomas Anna concesserunt pro se heredibus ipsius Thome quod ipsi warant predicto Radolpho hered suis predicta Maneria tenementa cum pertin contra predictos Thomam Annam heredes ipsius Thome imperpetuum Et pro hac Recogn Remissione quiet clam Warantia fine Concordia idem Radolphus dedit predictis Thome Anne Octingentas Libras Sterlingorum In cujus rei Testimonium Sigillum nostrum ad brevia in Banco predicto sigilland deputat presentibus apponi secimus Teste R. Heath apud Westm decimo octavo die Aprilis Anno regni nostri supradicto Blake Sect. XVII Lands granted in Tayle with divers Remainders over by Fines sur Concessit HEc est finalis Concordia facta in Curia domini Regis apud Westm a die sc Michaelis in tres septimanas Anno c. coram c. Inter Thomam Holley Isabellam uxorem ejus querentes Richard Kent Johannam uxorem ejus desorc de tribus Mesuagiis quadraginta duabus acris terre cum pertin in W. unde placitum Conventionis sum fuit inde inter eos in eadem Curia scilicet quod predicti Richardus Johanna uxor ejus Concesserunt predictis Thome Isabelle uxori ejus tenementa predicta cum pertin Et illa eis reddiderunt in eadem Curia Habend tenend eisdem Thome Isabelle heredibus de Corporibus ipsorum Thome Isabelle exeunt de Capitalibus dominis feodi illius per servioia que ad predicta tenementa cum pertin pertinent imperpetuum Et si contingat eosdem Thomam Isabellam uxorem ejus obire sine heredibus de Corporibus suis exeunt tunc post decessum ipsorum Thome Isabelle predicta tenementa cum pertin integre reman heredibus ipsius Thome de corpore suo procreat Tenend de Capitalibus dominis c. ut supra imperpetuum Et si nullus heres de corpore ipsius Thome fuerit procreat tunc predicta tenementa cum pertin integre reman heredibus ipsius Isabelle uxoris predicti Thome de corpore suo procreat Tenend c. Et si nullus heres de corpore predicte Isabelle uxoris predicti Thome fuerit procreat tunc predicta tenementa cum pertin reman Johanne Agneti Matilde Margerie Elizabethe Sororibus ipsius Isabelle uxoris predicti Thome heredibus de corporibus ipsarum Johanne Agnetis Matilde Margerie Elizabethe exeun Tenend c. Et si contingat quod eedem Johanna Agnes Matilda Margeria Elizabetha obierint sine heredibus de corporibus suis exeunt tunc post decessus ipsarum Johanne Agnetis Matilde Margerie Elizabethe predicta tenementa cum pertin integre reman rectis heredibus predicti Thome Tenend c. Et pred Richardus Johanna uxor ejus heredes ipâ—ius Johanne warant predictis Thome Isabelle uxori ejus heredibus suis predictis heredibus ipsiâ—s Thome predictis si iidem Thomas Isabella uxor ejus obierint sine heredibus de corporibus suis exeunt heredibus ipsius Isabelle uxor is ipsius Thome predictis si nullus heres de corpore ipsius Thome sit procreat predictis Johanne Agneti Matilde Margerie Elizabethe heredibus suis predictis si nullus heres de corpore ipsius Isabelle uxor is predict Thome fuer it procreat etiam rectis heredibus predict Thome si eedem Johanna Agnes Matilda Margeria Elizabetha obierint sine heredibus de corporibus suis exeunt predicta tenementa cum pertin contra omnes homines imperpetuum Et pro hac Concessione redditione warantia fine Concordia iidem Thmas Isabella uxor ejus dederunt predict Richardo Johanne uxori ejus viginti Marcas Argenti c. ET est Concordia talis scilicet quod predictus Franciscus recogn Maneria tenementa reddit predict cum pertin esse jus ipsius Willielmi c. Release Waranty contra omnes homines imperpetuum Et pro hac Recogn c. idem Willielmus concessit prefato F. Maneria tenementa reddit predict cum pertin Et illa ei redâ—iderunt in eadem Curia habend tenend eidem F. hered quos idem F. procreavit de corpore M. nunc uxoris ejus de Capitalibus dominis feodi illius per servicia que ad predict
or put himself upon the Country whereupon the Demandant prayeth a further day to imparle or confer about the matter which being granted unto him by the Court at the day appointed the Vouchee or third person aforesaid by Agreement and consent of the Parties comes no more into Court but makes default whereby judgment is given and awarded by the Court to the Demandant that he shall recover against the Tenant the Lands in question and that the Tenant shall recover over so much Land of the third person as is sufficient to recompence him for the Land recovered from him which the said third person or Common Vouchee ought to have waranted and defended but suffered to be lost And this is a Recovery in value or pro Rata But if the Recovery be with a double Voucher or treble Voucher then the third person upon his appearance is to call or vouch to warant a fourth person who must be the Common Vouchee and to alleadge in the same manner as the Tenant doth and pray that such fourth person may come in who thereupon must appear and make default in such manner as before is mentioned of the third person in the Recovery with single Voucher And so if there be more Vouchers And then there must be several Recoveries over in value against every one of them But he that is last vouched or called to waranty is alwaies Common Vouchee who is usually Bag-bearer to the Custos Brevium of the Court of Common Pleas and hath not any Land to render in value upon the supposed warranty And by this means grounded upon the strict Principles of Law the first Tenant doth willingly let go the land for the assurance of the Purchasor and yet in truth hath no recompence over because the Vouchee hath no Land to render in value Of what a Writ of Entry may be had and by what Names A Precipe quod Reddat lyeth de Castro Manerio Mesuagio Tofto Molendino Columbari Gardino de Terra Prato Pastura de Bosco de Jampnis Bruera de Mora de Juncariis de Marisco salso frisco de libera Piscaria in Aqua de E. de redditu de communia Pasture pro omnibus averiis de communia Estoveriorum de Pannagio pro Porcis de Visu Francii Plegii de Rectoria de L. cum pertin de quibusdam portionibus decimarum provenien crescen seu renovan in K. de Advocatione Ecclesie de W. de Advocatione Vicarie Ecclesie de S. It lyeth also de Terra Aqua cooperta de passagio ultra Aquam de Balliva de Officio de quarta parte decimarum de omnibus omnimodis decimis Majoribus mixtis minutis infra Villam sive Hamlett de B. infra Parochiam de A. quoquomodo crescen contingen ac annuatim renovan c. de Tofto situ Molendini de Hundredo de C. de Ballivato de B. de Pastura ad sex Boves de roda Terre de medietate unius rode Terre de Shopa de Wharfa de Keia Of what things a Writ of Entry lyeth not IT is said in the Practical Counsellor fo 196. that a Writ of Entry may not be de Piscaria Estoveriis de Gardino and in the Compleat Sollicitor printed this present year 1672 fo 62. that a Precipe quod Reddat lyeth not de Piscaria de Estoveriis nec de communia Pasture nor of a Garden And so it is said in the Attorneys Guide fo 129 All which you will find to be otherwise by the Precedents of Recoveries in this Treatise And certainly it is a very great mistake for any person that treats publickly of Recoveries to say that a Writ of Entry lyeth not of a Garden the opinion being so directly contrary to the Rule of the Register by which it evidently appears that the word Gardinum is alwaies used in real Actions as Writs of Entry in le per cui post de placito Terre either for a Garden or Orchard as you will find by the ensuing Precedent Et predictus M. per A. L. Attorn suum ven petir indicium de brevi predicto Qua dicit quod breve illud viciosum est in se non impetrat versus eundem M. secundum cursum Registri seu secundum formam naturam brevis domine Regine de ingressu super disseisinam in le per seu alicujus al. brevis domine Regine de placito Terre quia in eodem brevi apparet quod predictus J. inter alia petit versus ipsum M. unum Pomarium modo forma sequen videlicet Precipe M. T. Ar. quod juste c. reddat J. D. unum Mesuagium unum Gardinum unum Pomarium c. cum pertin inter alia in G c. ubi secundum cursum formam Registri hoc verbum Pomarium in aliquo brevi de placito Terre secundum naturam ejusdem brevis nunquam ponitur quia hoc verbum Gardinum secundum cursum formam Registri semper comprehendit in se Pomarium undo ex quo c. New Book of Entries intituled Formule bene placitandi Title Abatement A Writ of Entry therefore cannot be brought de Pomario for the Reasons above nec de Fossato Stagno nec de Advocatione decimarum unius Curucat Terre nec de Homagio fidelitat nec de serviciis faciendis nec de bovat Marisci nec de Selione terre for the incertainty because a Selion which is a land containeth sometimes an acre sometime half an acre sometimes more and sometimes less it cannot be had of a Croft nor of a yard land virgata Terre nec de Fodina de Minera nec de Mercatu for they lye not in demesne but gain nec de superiori camera 3 H. 6. fo 1. A Writ of Entry ought not to contain the same thing twice as a Mesuage and an House parcel of the same Mesuage 3 Ed. 4. fo 28. 46 Ed. 3. fo 26. nor to name a Town and a Hamlet within the same Town 22 Ed. 3. fo 11. 41 Ed. 3. fo 22. but the Practice is otherwise at this day Of Common Recoveries upon Writs of Entry in le Post Their Forms c. ss Midd. ss PRecipe Roberto Bellingham generoso A Precipe to be entred upon the Remembrance Single Voucher Cornelio Bellingham generoso quod jâ—ste c. reddant Alexandro Houghton generoso decem Mesuagia decem Tofta unum Columbare decem Gardina Centum acras Terre quadraginta acras Prati septuaginta acras Pasture cum pertin in A. C. L. N. B. que clam c. Write thus in the Margin ss Tenentes in propriis personis voc ad War Edmundum Clent ss Kanc. ss PRecipe Jacobo Hart generoso quod The like Double Voucher juste c. reddat Isaaco Burdet generoso unum Mesuagium tres acras Terre tres acras Prati viginti acras Pasture cum pertin in Deptford alias Detford alias West Greenwich que clam
Johannem de tenementis predictis cum pertin prout iidem Carolus Johannes per breve narrationem sua predicta superius supponunt Et de hoc ponunt se super Patriam c. Et predicti Carolus Johannes petunt licentiam inde interloquendi Et habent c. Et postea iidem Carolus Johannes reven hic in Curia isto eodem Termino in propriis personis suis Et predictus Edmundus licet solempniter exactus non reven set in contemptum Curie recessit defaltum â—ecit Ideo consideratum est quod predicti Carolus Johannes recuperent seisinam suam versus prefatum G. de tenementis predictis cum pertinentiis Et quod idem G. habeat de terr predicti Edmundi ad valentiam c. Et ideâ— Edmundus in misericordia c. Et super hoc iâ—â—em Carolus Johannes petunt breve domini â—egis Vic. Com. predicti dirigend de habere fâ—â—end eis plenariam seisinam de Tenementis redictis cum pertin Et eis conceditur retorn â—ile hic à die Sancti Michaelis in unum Menseâ— c. Ad quem diem hic ven predict C. J. in â—ropriis personis suis Et Vic. videlicet G. H. Bar modo mand quod ipse virtute brevis predict sibi direct 26. die Nov. Ult. preterit habere fec prefat C. J. plenar seisinam de tenementis predictis cum pertin prout per breve illud sibi preceptum fuit c. Observanda Although this is called a Recovery with single What a Recovery with single Voucher is Voucher yet you will find two Recoveries included therein The first by the Demandant against the Tenant which in the form next above is thus Ideo consideratum est quod predicti Carolus Johannes which are the Demandants recuperent seisinam suam versus prefatum Galfridum the Tenant de tenementis predictis cum pertin And the second Recovery is by the Tenant against the Common Vouchee in these words in the precedent next above Et quod idem Galfridus habeat de terra predicti Edmundi the Common Vouchee ad valentiam c. The intent of a Common Recovery with single What is intended by a Recovery with single Voucher Voucher is to bar the Tenant and his Heirs of such onely Estate-tayl which then is in him to destroy the Estates which others have of any Reversion expectant or Remainder dependant upon the same and of all Leases and Incumbrances derived out of such Reversions or Remainders ss Hanc ss ISaacus Burdet generosus in propria A Recovery with double Voucher persona sua petit versus Jacobum Hart generosum unum Mesoagium tres acras Terre tres acras Prati viginti acras Pasture cum pertinentiis in Deptford alias Detford alias West Greenwich ut jus hereditatem suam Et in que idem Jacobus non habet ingressum nisi post disseisinam quam Hugo Hunt inde injuste sine Judicio fecit prefato Isaaco infra triginta Annos c. Et unde dicit quod ipsemet fuit seisitus de tenementis predict cum pertin in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiend inde exples ad valentiam c. Et in que c. Et inde producit sectam c. Et predict Jacobus tenens per War suam defendit jus suum quando c. Et vocat inde ad war Humfridum Mumford qui presens esthic in Curia in propria persona sua Et gratis tenementa predicta cum pertin ei war c. Et super hoc predictus Isaacus petit versus ipsum Humfridum Tenen per war suam tenementa predicta cum pertinentiis in forma predicta c. Et unde dicit quod ipsemet fuit seisitus de tenementis predictis com pertin in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiendo inde exples ad valentiam c. Et in que c. Et inde producit sectam c. Et predictus Humfridus tenens per warantiam suam defendit jus suum quando c. Et ulterius vocat inde ad warantizand Edmundum Clent qui similiter presens est hic in Curia in propr persona sua gratis tenementa predicta cum pertin ei war c. Et super hoc predictus Isiacus petit versus ipsum Edmundum tenentem per warantiam suam tenementa predicta cum pertinentiis in forma predicta c. Et unde dicit quod ipsemet fuit seisitus de tenementis predict is cum pertinentiis in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiendo inde exples ad valentiam c. Et in que c. Et inde producit sectam c. Et predictus Edmundus tenens per warantiam suam defendit jus suum quando c. Et dicit quod predictus Hugo non disseisivit prefatum Isaacum de tenementis predictis cum pertinentiis prout idem Isaacus per breve narrationem sua predicta superius supponit Et de hoc ponit se super patriam c. Et predictus Isaacus petit licentiam inde interloquendi Et habet c. Et postea idem Isaacus revenit hic in Curia isto eodem Termino in pro pria persona sua Et predict Edmundus licet solempniter exactus non revenit set in contemptum Curie recessit defaltum facit Ideo consideratum est quod predictus Isaacus recupeâ—et seisinam suam versus prefatum Jacobum de tenementis predictis cum pertinentiis Et quod idem Jacobus habeat de terra predicti Humfridi ad valentiam c. Et quod idem Humfridus ulterius habeat de terra predicti Edmundi ad valentiam c. Et idem Edm. in misericordia c. Et super hoc predictus Isaacus petit breve domini Regis Vic. Com. pred dirigend de habere faciend ei plenariam seisinam de tenementis predictis cum pertinentiis ei conceditur retornabile hic a die Sancti Martini in quindecim dies c. Ad quem diem hic venit predictus Isaacus in propria persona sua Et vicecomes videlicet A. S. Armiger modo mandat quod ipse virtute brevis illius sibi directi vicesimo quarto die Novembris ultimo preterito habere fecit prefato Isaaco plenariam seisinam de tenementis pre dictis cum pertinentiis prout per breve illud sibi preceptum fuit c. Observanda In a double Voucher three Recoveries are mentioned What is meant by a Recovery with double Voucher that is to say one where the Demandant hath judgment to recover the land against the Tenant another where the Tenant hath likewise Iudgment to recover in value against the Voucher and lastly where the first Voucher hath also the like Iudgment to
Attorney as your Precedent directs then having your Dedimus Potestatem executed and returned from the Commissioners carry the Caption back again to the Cursitor who will make you a Mittimus and Transcript of all your proceedings which you must enter in a small hand upon a Plea-Roll taken from the Prothonotary beginning with the Mittimus which is the least of the two Writs and filed backwards which having Recorded verbatim and litteratim then in one continued Line begin and go on with the annexed Writ of Dedimus and do the like to the end and then about a thumbs breadth distance begin underneath and make an entry of your Recovery in great hand on the same Roll. But if your Recovery be with a double Voucher which is most usual and the Tenant to the Precipe do not appear at the Bar then your proceedings are as followeth You must sue out a Writ of Summons against the Tenant together with a Dedimus Potestatem as before directed and at the fifth Return inclusive from the Writ of Entry accounting that of the Writ of Entry for one the Writ of Summons returned together with a Transcript of the Entry of the Summons being fairly Ingrossed and a Transcript of the Caption being as before made by the Cursitor being all fixed together you may so pass it at the Bar. And in case the Vouchee do not appear at the Bar at the Return of the Summons then you are to make out another Writ of Summons against the Vouchee and to proceed as before and having all your Writs and Transcripts fixed together you are to deliver it to a Sergeant to be past at Bar. But if your Tenant do appear at Bar then you must have a Writ of Summons against the Vouchee and so against every Vouchee if it be with more Vouchers and proceed therein as before directed Note You must make due Entries upon Record of all your proceedings as they go on Note That Captions may be taken before a Iudge of Assize and Certified without a Dedimus Note You having Ingrossed your Summons in Parchment may examine it by the Roll with the Prothonotary In like manner you may pass it at Bar by the return of the Caption before you have a Transcript thereof from the Cursitor as well as afterwards Note You must carefully file all your Warrants of Attorney with the Clerk of the Warrants and all your Writs whatsoever with the Custos brevium Note If your Clyent will be at the Charge you By the Stat. 23. El. Cap. 3. an Office was erected for the Inrollment of Writs of Entry and Seisin and Writs of Covenant and it is thereby Enacted that the Exemplifications of such Writs shall have the same force and power as the Writs themselves may have both the Writs of Entry and Seizin exemplified with their Returns for fear of any miscarriage in filing them which Exemplifications are usually had at the Inrollment Office now kept by Mr. Sergeant in Brick-Court in the Middle Temple Note The most proper way to find out a Recovery formerly past is to search with the Clark of the Warrants who useth to take Notes out of all the Plea Rolls of all the Prothonotaries Offices and enters them all distinctly and fairly into a Register-book every Office by it self and also the number Roll. The Charge of a Recovery with single Voucher where the Tenant appears at Bar.  l. s. d. FOr drawing the Precipe 0 2 6 For taking it into the Remembrance 0 1 0 To the Cursitor for the Writ of Entry 0 2 6 New Imposition for the Seal 0 0 6 The Kings Fine rated by the Commissioners According to the value of the Land New Imposition According to the Rate To the Receiver 0 0 6 For Mr. Crews hand Entring and Indorsing in Term time 0 1 2 For drawing it at Bar to three Sergeants 0 10 0 To the Box 0 0 6 Common Vouchee 0 0 4 To the Attorney General for signing the Writ of Entry 0 10 0 The Secondary in Court receives 0 2 6 Return of the Writ of Entry 0 2 0 For drawing the Count and Iudgment 0 2 6 For Exemplifying it and Parchment 0 7 6 To the Prothonotary for the Entry thereof 0 10 6 For Sealing thereof 0 2 2 Imposition 0 7 6 For the Writ of Seizin and Retorn 0 4 0 For the Seal thereof and Imposition 0 1 1 For filing the Writs of Entry and Seizen with the Custos Brevium and Common Vouchee 0 2 4 Attorneys Fee 0 6 8 But if your Recovery be with double Voucher the Prothonotary will have of you for the Entry thereof 0 14 6 And for every treble Voucher 0 18 6 And to the Clerk for every Voucher more 0 2 0 The Charge of a Recovery by Summons Warrant of Attorney and Dedimus  l. s. d. FOr drawing the Precipe and Warrant of Attorney 0 3 4 Dedimus Potestatem 1 4 2 Cursitor for the Transcription of the Return and Imposition 0 11 0 For making the Writ of Summons 0 2 0 Sealing thereof with the Imposition 0 1 1 Entry of the Summons to the Prothonotary 0 4 6 If with a Warrant of Attorney then 0 6 6 To the Clerk for drawing and ingrossing the Summons 0 2 6 To the Clerk for entring the Summons with Mittimus and Dedimus on the Roll 0 5 4 For making and filing every Warrant of Attorney 0 1 4 For Return of the Writ of Summons 0 2 0 For filing thereof 0 1 0 Charges Extraordinary if the Recover under the Great Seal of England  l. s. d. For the Certiorari 0 13 4 For the allowance thereof 1 9 6 For the Clark for his pains 0 6 8 For the Exemplification every Skin 1 6 8 And to the King for the first Skin for Imposition 2 0 0 And for every other Skin Imposition 1 0 0 For the Seal 1 0 6 FINIS