and every or any part of parcel thereof as well in possession as in Reversion or in Possession or in Reversion unto any Person or Persons for one two or three lives or for any number of years The time for how long he may demise determinable upon one two or three lives or for the term of twenty one years under such Rents Reservations Covenants Conditions Limitations and Agreements as to him shall sâ—em meet or without any Rent Reservation or Condition at his will and pleasure and that when and so often as any such Demise Grant or Lease shall be made by the said A. B. of the Premisses or any part or parts thereof the said C. D. E. F. The Cognizees or Feofsees to stand seized to the use of the Lessees G. H. c. and every of them and the Survivors and Survivor of them and every of them and his and their Heirs and Assigns shall stand and be seized of such part parts and parcels of the said Messuages Lands Tenements Hereditaments and Premisses as shall be so Demised Leased or Granted immediately from and after such Demise or Demises Lease or Leases Grant or Grants made to the use and behoof of every such person and persons to whom any such Demise or Demises Lease or Leases Grant or Grants shall be so made and of their Executors Administrators and Assigns respectively onely for and during the continuance of the Estate and Estates Term and Terms Interest and Interests to be expressed in such Lease Demise or Grant Leases Demises or Grants and under such Rent or Rents Reservation or Reservations Condition or Conditions Limitation or Limitations as in or by such Lease or Leases Demises or Grants shall be limited expressed or contained respectively according to the intent purport and true meaning of every such Reseâ—vation Condition or Limitation And of the Reversion and Reversions Rents and Services reserved and depending upon the said Leases and Grants and also after the end and expiration of every such Demise Lease and Grant to be made and as the same shall respectively end and determine Then of all and every such part and parts of the Premisses as shall be so Demised Leased or Granted as aforesaid to the use of such person or persons and in such manner and form and of such Estate and Estates with such Remainder and Remainders over as are before herein and hereby limited and declared and to none other use intent or purpose whatsoever 11. Provided alwaies and it is fully concluded Power given to cestuy quâ— use for life and his issue to make Leases and Joynture condescended unto granted and agreed by and between all and every the said Parties to these presents for them and every of them and for their and every of their Heirs and the true intent and meaning of these presents is notwithstanding any limitation of the Vse or Vses aforesaid that it shall and may be lawful to and for the said A. B. and also to and for the said C. B. his Son and to and for all and every the Issue Males or Females of the Body of the said C. B. being seized of the Premisses or any part thereof in his her or their Demesâ—e as of Freehold or Fâ—e Tail by force of any the Vses or Limitations herein before expressed by his her their or any of their Deed or Deeds Indented By Deed or by last Will. to be sealed and executed in the presence of two or three credible Witnesses or by his her their or any of their last Will and Testament in writing to be sealed and subscribed with his her their or any of their Hand or Hands and pronounced and affirmed in the presence of three or more lawful Witnesses to be his her or their last Will to make any Demise or Demises Lease or Leases Devise or Devises of such of the said premisses or of such part thereof as whereof the said A. B. and C. B. or any issue male or female of the body of the said C. B. shall be then seâ—sâ—d of in actual and real possession the chief House Exception called C. and the Deâ—esnes of the said Mannor of C. c. before in and by these presents limited expressed and appointed for the Ioynture of the said E. B. only excepted to any Person or Persons whatsoever To have and to hold the same from and after the Time of the making of such Deed or Deeds Lease or Leases Devise or Devises or any of them to any Person or Persons for and during the Term of eighty years or any lesser Term of years so as the same Lease or Leases Devise or Devises be So as the Leases c. be not without impeachment of waste not made without impeachment of waste by any special Covenant clause or matter for that purpose to be contained within any such Deed or Deeds or last Will and Testament and so as the same be made in such sort as that the same do or shall end determine or expire by or upon the death or deaths of any one Person or of two Persons or of three Persons at the most or otherwise from and after the Time of the making of such Deed or Deeds or last Will and Testament for and during the Term or Terms of one and twenty years at the most or for any lesser Term of years from the Time of the making of such Deed or Deeds or last Will and Testament So as upon such Leases the now Rent be reserved to the next in reversion And so that in or upon every such Demise or Demises Lease or Leases Devise or Devises to be made for twenty years or under or for the Term of eighty years or under determinable upon the death or deaths of one two or three Persons as is aforesaid there be reserved and limited to be paid yearly during such Term or Terms to such Person or Persons for the Time being to whom the immediate freehold of the things so to be demised letten or devised by the intent and true meaning of these presents shall from Time to Time during the continuance of such Term or Terms appertain such yearly Rent or Rents and other Services Boons Customs and Averages or more as are at this present yearly answered paid or done for the said premisses by the now Tenants Farmers or occupiers of the samâ— 12. And further also That it shall and To make a Joynture may be lawful to and for the said C. B. and for every or any Son or Sons heirs male or issue male of the body of the said C. B. and for every Son and Sons and issue male of the several bodies of the said Sons and issue male being then seised in their or any of their Demesne as of Freehold or in Tail by force of any the Vses or Limitations herein before expressed of or in any of the said Mannors Messuages Lands Tenements and Hereditaments herein before expressed or of any
writing or otherwise by his Deed in his life time lawfully executed to assure appoint limit and convey to any lawful wife or wives which the said A. B. shall hereafter fortune to marry for term of the life onely of such wife or wives or to any other person or persons to the use of any such wife or wives for term of the life only of such wife or wives for or in the name of a Ioynture or Ioyntures a full third part of less or so much as shall amount unto a full third part or less of all that his said Mannor of c. And that then and from thenceforth the said Fine or Fines shall be and inure and the said Cognizâ—es therein to be named their and every of their Heirs of and in such part and proportion of the said Mannor for or concerning which such assurance shall be made for the Ioynture of such wife or wives according to the intent and true meaning of these presents shall stand to be seized to the use of such wife or wives for and during the life or lives of such wife or wives according to the intent and true meaning of such assurance be the same by Deed executed in the life time of the said A. B. or by his last Will and Testament as aforesaid c. vide Sect. j. of this Chapter 4. The uses being supposed to be limited Another whereby power is given to the Father to settle Land upon future Wives and to Son to settle a Rent for a Joynture to the Father for life and after to the Son for life with Remainders over in Tail Then add Provided alwaies and it is fully concluded and agreed by and between all every the said Parties to these presents for themselves their Heirs and Assigns respectively by these presents and also the true intent and meaning of these presents and of the said Parties hereunto and of the said Fine Recovery and other the Covenanted or intended Conveyances and assurances is and so for ever shall be adjudged and taken to be And also the said C. D. E. F. c. and the Survivors and Survivor of them his and their Heirs and all and every other person or persons his and their Heirs which now are or stand seized or hereafter shall stand and be seized of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses and of and in every or any part thereof by force of these presents and of the said Fine Recovery and intended Conveyances and Assurances before mentioned and every or any of them and their and every of their Heirs shall stand and be seized thereof and of every part thereof with Thappurtenances to and for such use intent and purpose notwithstanding any of the former use or uses in or by these presents before limitted daclared or appointed As well that it shall and may be lawful to and for the said A. B. at any time or times during the term of his natural life The power given to the Father by any his Deed or Deeds in writing or by his last Will and Testament in writing to grant convey assure bequeâ—th limit or appoint such and so much of the said Hereditaments and Premisses not exceeding in the whole one third part thereof as to himself shall seem meet or convenient unto or for the use of any lawful wife or wives of the said A. B. whom he shall hereafter fortune tâ— marry for and during the term of the natural life or lives of such wife or wives for or in the name of her or their Ioynture or in satisfaction of her or their Dower of and in the said Hereditaments and Premisses 5. And also that it shall and may be lawful Power to the Son to settle an Annual Rent on his Wives to anâ— for the said C. B. from and after the decease of the said A. B. at any time or times thenceforth during his natural life by any his Deed or Deeds in writing or by his last Will and Testament in writing respectively to grant convey assure bequeath limit or appoint one Annual or yearly Rent of One hundred and fifty pounds of good and lawful Mony of England with or without clause of Distress to be issuing and going out all or any the said Hereditaments and Premisses or out of any part or parcel thereof as tâ— himself shall seem meet and convenient unto oâ— for the use of M. his now wife or to or for the use of any other wife or wives of the said C. B. whom he shall hereafter fortune to marry for and during the term of the natural life or lives of the said M. or of such other wife or wives for or towards her or their Ioynture or Ioyntures and in satisfaction of her or their Dower or Dowers such of the said Premisses as shall be hereafter conveyed assured or limited to or for the use or uses of any wife or wives of the said A. B. pursuant to the true intent and meaning of these presents for and during the life or lives of such wife or wives onely excepted and foreprized 6. Provided always and it is the true intent Another to settle a Rent for a Joynture and meaning of these presents and of all and every the Parties hereunto That it shall and may be lawful to and for the said A. B. by any Writing or Writings sealed with his Seal and subscribed by him and duly executed in the presence of three Witnesses at the least to give grant limit or appoint to or to the use of every or any Woman that is 〈…〉 r shall be hereafter his lawful Wife one Annual or yearly Rent not exceeding the yearly sum of One hundred pound to be issuing and growing out of the said Mannors c. or any part of them or either of them so to be conveyed and assured as aforesaid To have and to hold the said Annual or yearly Rent to any or every such Woman for Term of her natural life for and in the name of her Ioynture the same to be paid at the Feasts of c. yearly by even and equal portions and the first Payment thereof to begin at such of the said Feasts as shall next happen after the decease of the said A. B. And that then and from thenceforth the said Fine or Fines shall be and enure and the said C. D. and E. F. and their heirs shall stand and be seised of and in the said Mannors c. so to be charged as aforesaid to the use intent and purpose Distress aforesaid and that every such Wife or Wives to whom or to whose use any such Grant or Limitation shall be made and her Assigns shall and may from time to time for non-payment of the said Rent enter into and upon the said Lands and Tenements so to be charged for the same Rent and Arrearages thereof as in case of a Rent-Charge and the Distress and Distresses so had and
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.
Arcana Clericalia or The Misteries of Clerkshipp As to the Sure Settlements of Estates by Deeds Fines Recoveries â—â— With the Formes of all manner of Charterparties in Maritime Citties Townes and Corporations by George Billinghurst of Grayes Inn Esq Printed for H. Twyford in Vine Court in the Middle Temple Arcana Clericalia Or THE MYSTERIES OF Clarkship BEING A sure way of Setling Estates By DEEDS FINES and RECOVERIES With the Forms of all manner of Charter-Parties in Maritime Cities Towns and Corporations WITH A TABLE of all the Principal matters therein contained By George Billinghurst of Grayes-Inne Esq LONDON Printed for Henry Twyford in Vine-Court Middle-Temple 1674. TO THE Practitioners and Students OF THE Common LAW OF ENGLAND Especially such as would be throughly Acquainted with Conveyancing WIthout the least Flattery to the Memory of our deceased Author I may boldly say His indefatigable Labours need not be usher'd into the World with studied Eulogyes And I doubt not but you will concur with me in the same Opinion when you have perus'd this Book and confess his own Labours to be his greatest Commendation Touching the Subject matter it contains the several Forms of Settlements of Estates to Uses with power for Cestuy que use for Life and in Tayl to make Joyntures Leases and Grants of Rents Likewise the Forms of Limitation of Uses for Years for payment of Debts discharge of Sureties and raising of Portions for Younger Children It also treats of Limitation of Uses in Fee for the Lands to be sold to pay Debts c. With several forms of Revocation of Uses and limitingVses de novo and of Covenants with other Incidents to the like Conveyances Besides these there are other most useful Presidents relating to Merchants and Traders Affairs fit for all Maritime Cities Towns and places of Trade The whole Work is so Methodically digested by the Author that any Person who is not a meer stranger to the Law may make great use and advantage thereof and speedily and readily find any particular matter therein contained As to the Author I shall only say thus much in general of him viz. That Hâ—spent a considerable time in the study of the Law at Grays-Inne and being unwearied in searching after all opportunities to improve his knowledge He at length was call'd to the Barr and gain'd in a little time the Vogue of being a profound and judicious Counsellor His Apprehension was alwaies quick his Judgment deliberate solid and not wavering of a clear discerning faculty his Memory sound and his Patience the truest index of a Wise man alwaies commanded his Passions in short He was a Person of exquisite natural and acquired Parts and that which much contributed to the latter was his great Moderation and Temperance whereby his study and business glided in their delighted Channels uninterrupted Being at length wearied with Business he retir'd into the Country where having finish'd this Elaborate Work he dyed Since whose death his Manuscript being left to the Guardianship of a Friend and committed into my hands in order to be made Publick for the further advantage of such as would be perfect in the setling of Estates I have hereunto added the Learning touching Fines and Recoveries hoping the Ingenious will be moderate in their Censures And if I have in this done any thing to your Advantage it will answer the pains of him that is Your Servant W. B. An ANALYSIS of the whole Art of Conveyancing Deeds are either Indented of two parts three parts or more or Poll in 1st Person or 3d Person And consists of Grants which are Constitutive or Creating what was not before as The first Grant of A Way A Rent Estate Tayl for life for years Warranty c. And are Absolute or Conditional or Conveying whereby Estates already made are conveyed to others or Discharges and are Remissory or Liberatory which releaseth or dischargeth something in being as Releases Defeazances Acquittances Ordinary Deeds by which Lands usually pass are Feoffment Bargain and Sale Gift or Grant Lease Assignment Exchange Surrender Confirmation Release Indenture to lead uses of Fines or Recoveries Covenant to stand seized to uses Revocation and new Declaration All or most of which have formal and orderly parts viz. 1. The Premisses unto the Habendum including 1. Grantor 2. Grantee 3. Thing granted By apt and proper Names and descriptions Which are certain in themselves or Which by reference may be reduced to a certainty 4. Exception by the words Excepted Excepting Besides Saving Save only c. Which must be 1. A Particular out of a General 2. Part of what is granted not all 3. That which may be severed from the thing granted and not an inseparable incident thereto 5. Recital of something antecedent 2. The Habendum whose office is to set down 1. The Grantee and 2. Certainty of Thing Estate and Life granted and to what use 3. The Reddendum which reserves some new thing to the Grantor c. And is usually made by the words Yielding Paying Doing Reserving Finding c. And reserves what was not before or Abridges the Tenure of what was before 4. Warranty 5. The Covenants containing the terms of Granting and Holding being either Real or Personal And Inherent or Collateral And must contain things to be done Lawful and Possible 6. The Conditions which are Precedent or Subsequent To the Estate and are Affirmative Negative Collateral Inherent Restrictive Compulsory Single Copulative Disjunctive And make the Estate whereto they are annexed Void without or Voidable by Entry or Claim Or tend to make and enlarge or destroy or Clogg Estates 7. The Conclusion To the making of a good Deed are required 1. Legible and formal Writing in Paper or Parchment before Sealing and Delivery 2. Capable Persons not disabled by Law as Donors that are Persons attainted of Treason Felony Premunire Infants Madmen Idiots Femes Covert Aliens Deaf blind and dumb from Nativity Except in several special cases and things Donees as Monks Fryers c. 3. A thing to be granted and passed 4. By proper and sufficient Names and descriptions of 1. Grantor 2. Grantee 3. Thing Granted Which must be grantable In its own Nature and And by him that grants it And is either ☞ Corporeal and Immovable as Houses Lands Woods c. And are grantable in Fee Tayl for Life Years c. And assignable from man to man Or Incorporeal as Rents Services Advowsons Presentations Reversions Remainders Offices Licenses Franchises Commons c. Whereof some are 1. Grantable at their first Creation but not assignable after as Great Offices of Trust Judicial Offices Licenses Authorities c. 2. Assignable always 3. Intirely but not in part 4. Intirely or in part 5. To any Body 6. But to special Persons 7. Something 's incident to others not grantable without the things to which they are incident Or Chattels either Real as Leases for years present or to come Extent c. or Personal as Oxen Horses Plate
the Indenture and it was judged that notwithstanding this absolute Feoffment and to an express use yet it being made upon no new agreement it shall be guided by the Covenant so that the bargainees Estate continues conditional Crook lib. 1. fol. 300. pag. 14. Clever vers Giles Acts done for further assurance upon covenants precedent conteined in the original agreement shall have such construction as may fortify and not destroy the first agreement As if â— man bargain and sell Lands rendring rent with condition of reentrie c. and covenants to make further assurances and after he levies a Fine or makes a Feoffment none of these are construed to extinguish the rent or condition but to fortify only the Estate of the purchaser according to the first agreement Moores Reports fol. 385. 7. It seems a conveyance of record shall be â—nv eyanâ—e of record and enpays how taken taken strictly and not by intendment as a conveyance in pais shall Therefore a Mannor in reputation which is not a Mannor in truth will not pass by the name of a Mannor in a Fine or common Recovery otherwise in a conveyance Crook part 1. 524. p. 53. yet a remainder may pass in a Fine by the name of a Reversion ibid. 594. p. 37. 8. Where an Indenture of bargain and sale is Several conveyances how the Party shall be in made and after a Fine is levied of the same land to the bargainee and after the deed is inrolled the bargainee is in by the Fine and not by the inrollment and where a Reversion is bargained and sold by Indenture and before inrolment a Fine is levyed by the Bargainor to the Bargainee and after the deed is inrolled yet the Bargainee must have an Attornment because he is in by the Fine and not by the Bargain and sale Crook part 1. 917. p. 8. 9. Where it is possible for a grant to take effect Grant to take effect as by possibility it may according to the Letter there the Law makes such a construction as by possibility it may take effect as if Lands are given to two men and the Heirs of their two Bodies the Law makes them joynt-tenants for life and gives them several Inheritances in Tail Cook upon Litt. 183. b. Stamford justice Three grounds for construction of deeds arguendo taketh three grounds for the construction of deeds First that it shall be taken most beneficially for the Party that taketh by them Secondly that the deed shall not be void where the words may be taken to any intent Thirdly that the words shall be construed according to the mind of the parties and not otherwise Plowden Antient deeds how construed fol. 160. Throgmortons case Antient deeds shall be construed as they were antiently taken although the Law be since altered vide Crook part 1. 633. p. 29. 10. Some words are large and have a general extent Exposition des parolâ— and some have a proper and particular application the former sort may contain the latter as dedi or concessi may amount to a Grant a Feoffment a Gift a Lease a Release a Confirmation or Surrender c. and it is in the Election of the Party to use them to which of these purposes he willâ— but a Release Confirmation or Surrender c. cannot amount to a Grant c. nor a Surrender â— a Confirmation or to a Release c. because they are proper and peculiar manner of conveyances and are destined to a special end Cook sur Litt. 301. b. CHAP. II. The several formes of setting forth the grounds or considerations of a Conveyance or sâ—ttlement of an Estate 1. Witnesseth that the said A. B. as well for Money iâ— parâ— paâ—d and in parâ— secured and in consideration of the summe of 500 l. of lawful moneyes of England to him in hand paid before the ensealing and delivery hereof by the said C. D. the receipt whereof lie the said A. B. doth hereby acknowledg and thereof and of every part and parcel thereof doth acquit and discharge the said C. D. his Heirs Executors and Administrators by these presents As also for and in consideration of the summ of 500 l. more of like moneyes by the said C. D. secured to be paid unto the said A. B. his Executors and Administrators in manner and form following viz. on the 20 day of January now next ensuing the summ of 300 l. thereof and on the first day of March then following the summ of 200 l. the residue of the said summ of 500 l. 2 Whereas the said A. B. at the ensealing and The barring oâ— an Estate â—â—il and enabling him to make a settlement or assurance delivery of these presents is and standeth seiled of an Estate â—ail to him and the Heirs Males of his Body with divers remainders over of and in the Mannors Messuages Lands and Tenements hereafter in these presents mentioned Now witnesseth this present Indenture that for and in consideration of the barring of the said Estate tail and all the Remainders thereupon dâ—pending and for the setling of an absolute Estate in Fee-simple of inheritance in the said A. B. whereby he may be enabled to make a good and perfect assurance to such Person or Persons and their Heirs as have agreed or hereafter shall agree with him the said A. B. to purchase the said Mannors c. A. B. covenants to suffer a Recovery Or thus That for the setling of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and forme as hereafter are in these presents limited and expressed and for the enabling of the said A. B. to make and grant Leases and Estates of and in the sold Mannors Lands and Premises in such manner and sort and according to the power and authority to him hereafter in and by these Presents reserved and for other good causes and considerations c. 3. Witnesseth that the said A. B. in consideration Natural love c. preferment of children of the natural love and affection which he beareth unto C. B. his Son and Heir apparent and for his advancement and present maintenance and to the end that the Daughters of the said A. B. may have convenient Portions to maintain and prefer them in Marriage and for the establishing of the Mannors Lands Tenements and Hereditaments hereafter mentioned to such uses intents and purposes as are hereafter limited and appointed and for other good causes and considerations c. Or Settlement in the stock and blood c. thus In consideration of the great love and natural affection which he the said A. B. beareth unto C. B. the natural sonne and heir apparent of the said A. B. and to the heires males of the body of the said C. B. and to the end intent and purpose that the Mannors Lands Tenements and Hereditaments hereafter mentioned shall and may continue in the stock blood and
kindred of the said A. B. c. Or thus A well for the advancement and preferment of the Heirs Males of the Body of the said A. B. lawfully to be begotten and for the better advancement and preferment of C. B. D. B. c. the natural Brothers of the said A. B. and to the end that the Mannors c. hereafter mentioned may continue in the name blood and kindred of the said A. B. so long as it shall please God as for divers other good causes and considerations c. 4. Whereas the said A. Lord B. is and standeth Another form more large seizâ—d in possession reversion and remainder of some Estate of inheritance of and in divers and sundry Honors Castles Mannors Lordships Messuages Parks Chases Lands Tenements Advowsons Liberties Franchises and Hereditaments all which or the most part thereof have for a long time remained and continued in the Name and Blood of the said Lord B. and in regard the said Lord B. is desirous and intendeth to establish and settle all the said Honours Mannors c. to such intents and purposes as that the same may remain in the Name Blood and Kindred of the said Lord B. according to the uses hereafter thereof expressed and declared for the better advancement of the House Honour and Blood of the said Lord B. so long as it shall please God to permit the same and our of the Fatherly love and affection which he beareth unto Sr. T. B. Knight his Son and Heir apparent and for the preferment advancement and maintenance of the Lady E. B. now the Wife of Joynture the said Lord B. and for her joynture in case she shall happen to overlive the said Lord B. and for Settlement on collateral Heirs divers other good causes and considerations c. 5. Witnesseth that for divers good causes and considerations him the said A. B. hereunto moveing and especially for that the said A. B. and C. B. his Wife have been married these many years and have had no issue of their Bodies and to the end that in case the said A. B. should die without issue of his Body lawfully begotten the Capital Messuage Lands and Tenements hereafter mentioned shall and may so loâ—g as it shall please God remain and continue in the Blood and Kindred of the said A. B. and for the natural love which he beareth unto c. naming his Brothers oâ— Sisters and for divers other good causes and considerations c. 6. Whereas theâ—e is a marrirge by the grace of A marriage to be had and settlement of a joynture God to be shortly had and solemnized between the said C. B. Son and Hâ—ir apparent of the said A. B. and A. D. the Daughter of the said C. D. witnesseth that the said A. B. in consideration of the said Marriage and of the Summ of 800 l. of good and lawful money of England to him in hand paid as the Mâ—rriage Portion of the said A. D. by the said C. D. her Father and for the Natural love and affection which the said A. B. beareth unto the said C. B. and to the end intent and purpose that a competent joynture may be had and made unto the said A. D. for the better maintenance livelyhood and advancement of the said A. D. in case she shall happen to survive and overlive the said C. B. and in full recompence and satisfaction of all the Dower and Title of Dower which she the said A. D. by or after the death of the said C. B. shall or may have to any the Mannors Lands Tenements or Hereditaments whereof the said C. B. shall during the coverture between him and the said A. D. be seized of any Estate of Inheritance and for the advancement of the Name and Blood of the said C. B. and for and towards a provision of Maintenance to be had and made unto and for the said C. B. and A. D. during the natural lives of the said A. B. and A marriage already had and for a joynture c. E. his wife c. 7. Witnesseth that for and in consideration of the natural love and affection which the said A. B. beareth unto the said C. B. his eldest Son and Heir apparent and other his Sons hereafter named and for the advancement of the Name and Blood of the said A B. and also in consideration of a Marriage heretofore had and solemnized between the said C. B. and D. B. now Wife of the said C. B. and of the Sum of 1000 l. to the said A. B. by W. D. Father of the said D. B. well and truly contented and paid as the marriage portion of the said D. B. and to the end and intent that a competent and convenient joynture and estate may be had made and provided for the said D. B. for term of her life in case she shall happen to survive the said C. B. in recompence and satisfaction of all the Dower and Title of Dower which the said D. B. by or after the death of the said C. B. hath or shall or may have in or to any of the Mannors Messuages Lands Tenements or Hereditaments whereof the said C. B. is or during the Coverture between him and the said D. B. shall be seized of any Estate of Inheritance and for other good causes and considerations c. 8. Witnesseth that in consideration of a Marriage An other in relation to former agreements heretofore had between the said A. B. and F. B. his now Wife and of the good will and affection which the said A. B. beareth unto the said F. B. and for the true performance of such promises and agreements had and made by the said A. B. upon the marriage between the said A. B. and the said F. B. had as aforesaid and for a joynture c. and to the end and intent and purpose that the Lands Tenements and Hereditaments of the said A. B. hereafter mentioned may come and continue to and in the issue of the said A. B. and F. in such sort Manner and Forme as hereafter is in these presents expressed mentioned and declared and for other good causes c. 9. Whereas the said A. B. is now lawfully seized Payment of debts in his demesne as of Fee of and in a Messuage Tenement and Lands with the Appurtenances scituate lying and being c. of the yearly value of 250 l. per annum of lawful moneys of England And whereas the said A. B. is indebted and doth owe unto divers Persons several Summes of Money amounting in the whole to 1000 l. of like moneys being particularly mentioned in a Schedule hereunto annexed which summes the said A. B. is not at present able to pay and yet minding and intending to make payment thereof with such speed as it may be in consideration whereof and for asmuch as the said C. D. hath undertaken out of the Rents issues and prossits arising out and from the said
singular the Premisses with the Appurtenances to the only uses and intents hereafter mentioned and expressed that is to say to the use of the said Until an intended Marriage had A. B. and his Heirs until the said intended Mariage shall be had and solemnized between him and the said F. S. And from and after the Marriage had and solemnized between him and the said E. S. then to the use of the said A. and E. for and during the Term of their natural Lives and the natural Life of the longer Liver of them and after their decease to the use of the Heirs of the Bodies of the said A. and E. between them two Special Tail lawfully begotten and for lack of such Issue to the use of the right Heirs of the said A. B. for ever 13. To the use and behoof of the said C. D. Another and E. F. the Cognizees or Recoverors and of their Heirs until the solemnization of the said Marriage intended between the said A. B. and E. S. And from and after the said Marriage had and solemnized to the use and behoof of the said C. D. and E. F. and of their Heirs for and during the natural Life of the said E. S. and from and after her decease to the use and behoof of the said A. B. for and during the Term of his natural The Estate Tail vested in the Wife Life and after the decease of the said E. S. and A. B. to the use and behoof of the Heirs of the Body of the said E. S. by the said A. B. begotten and to be begotten And for default of such Issue to the use and behoof of the said A. B. and of the Heirs of his Body lawfully begotten and for want of such Issue to the use and behoof of the right Heirs of the said F. B. the father of A. B. for ever 14. Provided nevertheless and it is the true Use limited until the Heir in Tail come to age I suppose it was to prevent Wardship intent and meaning of all the Parties to these presents that if the said A. B. shall happen to die living the said E. S. leaving any Issue Male of his Body begotten on the Body of the said E. S. being his Son and Heir apparent within the Age of 23 Years That then and immediately in every such case after the death of the said A. B. the said Fine and Fines c. shall be adjudged deemed and taken to be and the said Cognizees and their Heirs shall stand and be seized of the said Messuages or Tenements and Premises to the use and behoof of the said E. S. until every such Issue as aforesaid shall accomplish his full Age of 21 Years if the said E. S. shall and do so loâ—g Live and from and after the decease of the said E. S. to the use of such Person or Persons as the said A. B. shall by his last Will and Testament or other Writing under his Hand and Seal limit and appoint the same for and during the said Minority And after the said full Age accomplished then to the use and behoof of the said Issue Male and of the Heirs Males of his Body lawfully to be begotten c. with Remainders over 15. To the use and behoof of the said A. B. Another form of limitation during the Heirs minority with direction for disposal of the profits until then for and during the Term of his natural Life without impeachment of or for any manner of wast and from and after the decease of the said A. B. and during the time that the said C. B. Son and now Heir apparent of the said A. B. or any other being Heir of the said A. B. shall be under the Age of 21 Years and until some Heir of the said A. B. shall accomplish the Age of 21 Years to the use of the said C. D. and E. F. the Cognizees or Feoffors and the Survivor of them and of the Heirs of the Survivor of them to the intent and purpose that the said C. D. and E. F. and the Survivor of them and the Heirs of the Survivor of them shall take perceive leavy possess and enjoy the Rents Issues Profits Revenues Commodities and Emoluments of all and singular the said Messuages Lands Tenements and other the Premisses with the Appurtenances and the same to imploy during such minority or minorities as aforesaid for and towards the performance payment and satisfaction of all the Payment of Legacies Bequests and Legacies to be mentioned in the last Will and Testament of the said A. B. according to the tenâ—r purport and true meaning of the said A. B. in and by his said last Will and Testament to be declared and to the end intent and purpose that the said C. D. and E. F. and the Survivor of them and the Heirs of the Survivor of them shall likewise with the said Rents Profits Revenues Commodities Issues and Emoluments Coming growing and arising of and out of all and singular the said Messuages or Tenements Lands and Premisses bestow and disburse from time to time the competent and necessary charges in the Law and otherwise for the Defending of the Title defence and maintainance of the Title and possession of all and singular the Premisses and of every or any part thereof and for the reparation and preservation of the Edifices and Buildings in Reparation of the Buildings and upon all and every the Premisses or any part thereof necessary meet and fit to be disbursed and expended until some Heir of the said A. B. shall have accomplished the Age of 21 Years And for the surplusage that shall remain of the said Rents Issues Profits Revenues and Commodities over and above the said Legacies and Bequests to be devised as aforesaid and over and above the said disbursements and expences that the same shall and may remain and come to The Surplusage to remain to the Heir the use profit and benefit of the said C. B. or other Heir of the said A. B. that shall accomplish the full Age of 21 Years and after the said C. B. or other Heir of the said A. B. shall have accomplished the said Age of 21 Years That then the said C. D. and E. F. and their Heirs shall stand and be seized of and in all and singuler the said Messuage c. to the use of the said C. B. or such other heir of the said A. B. as shall so accomplish the said age and of the heirs males of the body of the said C. B. or such other heir and for want of such Issue to the use and behoof of the right heirs of the said A. B. for ever 15. Make an Indenture tripartite between Away to presâ—rve contingent uses in case the particular Estate determine before they come in Esse A. B. of the first Part C. D. and E. F. of the second Part and G. H. and I. K. of the third
Deed or Deeds in writing under his Hand and Seal duly executed or otherwise by his last Will and Testament in writing to grant assure limit devise or appoint to every or any the younger Sons of the said A. B. of his body lawfully begotten or to be begotten for term of life only of every such younger Son or Sons such yearly Rent charge or Rents charge to be issuing out of the said Mannors c. with a clause of Distress in or upon the said Mannors or any part thereof for every such Rent or Rents as unto the said A. B. shall be thought meet So that the said Rent or Rents to be granted assured or devised in the whole exceed not the yearly sum or yearly payment of One hundred pound And that in Cognizees to stand seized to assure Grants made of Rents every such case the said C. D. E. F. and G. H. their Heirs and Assigns shall stand and be seized of the Premisses to the further use purpose and intent that such younger Son or Sons to whom such Rent or Rents shall be granted or devised as aforesaid shall and may have perceive and enjoy the said yearly Rent or Rents according to the purport and effect of such Grant and Grants Devise or Devises and shall and may Distrain for the said yearly Rent and Rents and for the Arrearages thereof so often as the same shall happen to be behind or unpayed in and upon the said Mannors c. out of which the same shall be limited and appointed and which shall be made chargable therewith by such Deed or Deeds or last Will as aforesaid 10. Provided alwaies and it is granted Power to make Leases for raising of Portions for Daughters Covenanted concluded condescended and agreed by and between all the said Parties to these presents and it is the true intent and meaning of these presents and of all the said Parties thereunto that it shall and may be lawful to and for the said A. B. being the Feoffor to whom an Estate for life is limited with Remainders over c. during the Term of his natural life by Deed or Deeds Indented to be by him sealed and duly executed in the presence of two or more credible Witnesses to make any Lease or Leases Demise or Demises of all or any part of the said Mannors Lands Tenements and Premisses with Th' appurtenances for the term of One and twenty years or under with reservation of Rent or without reservation of Rent at his will and pleasure unto any person or persons whatsoever The Trust to raise portions upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said A. B. shall happen to have and not otherwise provided for that is to say If one Daughter onely then for the raising of Fifteen hundred pounds for that Daughter and if more than one Daughter then for the raising of Seven hundred pound a piece for each and every one of the said Daughters and that all and every such Lease and Leases Demise and Demises so to be made as aforesaid shall be good and effectual in the Law to all intents and purposes and that the said Fine or Fines so as aforesaid or in any other sort to be levyed shall be and inure and the Cognizee and Cognizees therein named his and their Heirs shall stand and be seized of and in such part and so much of the said Mannors Messuages Lands and Premisses as shall be so demised or leased as aforesaid and of every part and parcel thereof to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be Demised or Granted as aforesaid And after the end and determination of the Estate and Estates in such Demise or Demises Lease or Leases to be contained and as the same shall severally end and determine to the use of such person and persons to whom the same ought to remain and come by the true intent and meaning of these presents 11. After a Limitation to A. the Cognizor A Limitation of part to the Cognizees to pay Portions for life and with Remainder in Tail to his Sons as to part of the Mannors c. in the Fine contained and as to the other part after a Limitation to E. B. Wife of A. B. for life if she survive her Husband for her Ioynture Then add And as for and concerning all and singular the Premisses before limited to and for the Ioynture and Livelyhood of the said E. B. with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof from and after the decease of the said A. B. and E. B. his Wife to the use and behoof of the said C. D. E. F. and G. H. their Executors Administrators and Assigns for and during the term of One and twenty years from thence next ensuing and fully to be compleat and ended upon Trust and confidence and to the uses intents and purposes hereafter mentioned limited and declared in and by these presents viz. That in case the said A. B. shall at the time of his decease have living one two or more Daughters of his Body on the Body of the said E. B. lawfully begotten or to be begotten that shall not be then prefer'd in Marriage or if the said A. B. shall at the time of his decease leave the said E. B. with Child with one or more Daughter or Daughters who shall after be born alive that then the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors Administrators and Assigns out of the Rents Issues and profits of the said Messuages Lands Tenements and Hereditaments with Th' appurtenances so to them limited and appointed for The Portions to be paid years as aforesaid shall raise and levy so soon as conveniently may be for the portion of such Daughter if there be but one the sum of One thousand pounds of lawful Moneys of England to be payed to such onely Daughter at her age of Eighteen years or day of Marriage which shall first happen or so soon after as the said sum of One thousand pounds can be raised as aforesaid And if there shall be two Daughters The sum of Five hundred pounds a piece or if there be three or more Daughters the sum of Three hundred pounds a piece to be payed to them respectively and severally at their several and respective Ages of Eighteâ—â— years or days of Marriage which shall first happen or so soon after as the same can conveniently be raised as aforesaid 12. And upon this further trust and confidence If Daughters die before Portions paid how to dispose the Moneys And to the intent and purpose that if it shall happen the
said A. B. to die having one only Daughter of his Body on the Body of the said E. begotten then living or afterwards to be born as aforesaid and that the said onely Daughter shall happen to depart this life before that she shall accomplish the Age of Eighteen years or be marryed or if there happen to be two or more Daughters of the Body of the said A. B. on the Body of the said E. begotten then living Then if both or all of the said Daughters shall happen to die or depart this life before either or any of them accomplish their several Ages of Eighteen years or be marryed as aforesaid That then the several sum and sums of Mony intended for the Portions and Advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levyed out of the Rents Issues and profits of all or any the Premisses all Charges and Expences defrayed wherein a full and liberal allowance shall be made and given shall be satisfied and paid to such person or persons as the said A. B. by any writing under his Hand and Seal subscribed by two or more credible Witnesses or by his last Will and Testament to be subscribed as aforesaid shall limit or appoint And in default of any such Limitation or Appointment to the Executors or Administrators of the said A. B. 13. And upon further trust and confidence Moneys to be paid yearly for maintenance of the Daughters and to the end intent and purpose that the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors and Assigns shall out of the Rents Issues and Profits of the said Messuages Lands Tenements Hereditaments and Premisses so to them limited for raising of Portions as aforesaid with their and every of their Appâ—rtenances levy and pay or cause to be levyed and paid to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Thirty pounds per Annum and if there be two or more Daughters the sum of Twenty pounds per Annum a piece until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years or shall be marryed and her or their Portions paid as aforesaid 14. Provided always and it is the true If the Feoffor c. die without Daughters the Estate limited to be void intent and meaning of all and every the parties to these presents That if the said A. B. shall happen to depart this life without any Issue female of his body upon the body of the said E. begotten or without leaving the said E. with child of one or more Daughter or Daughters that shall be after born alive That then the Estate and Estates so limited as aforesaid to the said C. D. E. F. and G. H. for years as aforesaid shall cease determine and be utterly void 15. Provided also that from and immediately After Portions paid the Estate limited to be void after such time as the said C. D. E. F. and G. H. and the Executors or Administrators of the survivor of them shall or might have limited and raised the said several Portions and present maintenance for such Daughter or Daughters as aforesaid That then the said Estate for years limited in trust as aforesaid to them the said C. D. E. F. and G. H. shall cease dètermine and be utterly void And the said Messuages Lands Tenements and Premisses so to them limited in trust as aforesaid shall immediately go and be to such person and persons to whom the Reversion or remainder of the said Messuages Lands and Premisses shall belong and appertain 16. This Indenture c. Between A. B. An Estate limited to Daughters to cease upon payment of their Portions by the Heir male The Uses of the first part C. D. E. F. and G. H. on the second part and C. B. Son and Heir apparent of the said A. B. and D. B. Wife of the said C. B. on the third part Let there be a Fine Covenanted to be acknowledged or other Conveyance whereupon a use may be raised Covenanted to be made to C. D. E. F. and G. H. To the use of the said C. B. for and during the Term of his natural life and from and after his decease to the use of E. B. his Wife for and during the Term of her natural life for her Ioynture c. And from and after the decease of the said C. B. and E. his Wife to the use and behoof of the Heirs males of the body of the said C. B. on the body of the said E. lawfully begotten and to be begotten and in default of such Issue to the use and behoof of the Heirs females of the body of the said C. B. on the body of the said E. lawfully begotten and to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 17. Provided alwayes That in case the The Proviso said C. B. shall happen to depart this life without Issue male of his body lawfully begotten on the body of the said E. B. If then the said A. B. or any Heir male of his body shall pay or cause to be paid unto the Daughter or Daughters of the said C. B. on the body of the said E. begotten these several sums following that is to say unto such Daughter of the said C. B. in case he shall have but one the full sum of One thousand two hundred pounds of good and lawful money of England and in case he shall have more Daughters then one by the said E. then living the sum of Two thousand pounds of like lawful moneys among and between them equally to be divided the said payment and payments to be made at their respective Ages of eighteen years or Marriage which of them shall fiâ—st happen at or in c. Or if the said A. B. or any Heir male of his body shall at any time or times by such Security as the said C. D. E. F. and G. H. or the survivors or survivor of them shall direct in writing under their hands or the hand or hands of the survivors or survivor of them sufficiently secure the payment of the said sums in manner aforesaid That then and from thenceforth the Estate The Cessar of the Use to the Daughters Vse and Limitation of the Premisses to the Heirs females of the said C B. on the body of the said E. begotten and to be begotten shall cease and determine and the said Fine and Fines shall be and enure And the said Cognizees and their Heirs shall stand and be seised of all and singular the Premisses from and after the decease of the said C. B. and E. B. and payment made or Security given as aforesaid to the use and behoof of the Heirs males of the body of the said A. B. and for
said sum and sums after the Rate of Six pounds per Centum for every year that the same shall be unpaid to be accounted from the end of the four years before-mentioned for payment thereof for the forbearance of the said sum and sums or such part thereof as shall be unpaid as aforesaid And it is likewise meant intended and agreed that after the said sum and sums of Mony with Interest for the forbearance thereof shall be truly paid to the said younger Sons and Daughters they the said C. D. E. F. and G. H. their Executors Administrators and Assigns shall yeild and After the Portions paid to yeild up their interest c. deliver up the Premisses and all their Estate and Interest therein to such Person and Persons to whom the same next and immediately after the expiration of the said Term by the true intent and meaning of these presents shall appertain pursuant to the Trust in them and every of them herein and hereby reposed 21. Provided always and it is concluded Another to pay Portions by power given to grant Annuity or Rent-Charge and agreed by and between all the said parties to these presents That it shall and may be lawful to and for the said A. B. at any time during the term of his natural life by his Deed in Writing under his Hand and Seal duly executed to give grant limit and appoint unto such person or persons as shall to him seem meet and his and their Heirs one Annuity or yearly Rent of Four hundred pounds per annum to be issuing and going out of all and every the Mannor Messuages Lands and Tenements before mentioned with a Clause of Distress for the same or any part thereof when and so often as the same shall be unpaid upon all or any the said Mannor Messuages and Lands in such Writing or Deed to be contained Habendum the said Annuity or yearly Rent-Charge of Four hundred pounds unto the said person or persons and his and their heirs until such time as the sum and sums of money hereafter mentioned shall or may therewith be paid and fully satisfied under and upon such limitations trusts and confidences as hereafter in these presents are contained and expressed the same yearly Rent to be paid at the Feasts of the Annunciation of St. Mary the Blessed Virgin and of St. Michael the Archangel by even and equal Portions and the first Payment thereof to begin at such of the said Feasts as shall happen next after the The trust decease of the said A. B. upon special trust and confidence nevertheless That the said person or persons to whom the said yearly Rent shall be granted as aforesaid and his and their Heirs shall out of and with such sum and sums of money as shall and may be received and had thereof content and pay or cause to be contented and paid as well to the Daughter and Daughters of the said A. B. upon the body of the said E. his Wife lawfully begotten or to be begotten which shall be living at the To pay to the Daughters 300 l. a piece time of the decease of the said A. B. and not then married the full sum of Three hundred pounds a piece for and towards their advancement and preferment in Marriage or otherwise As also to such of the said Daughters of the said A. B. as shall be married in his life-time and whose Marriage-money not exceeding the sum of Three hundred pounds agreed upon by him in his life-time shall be unpaid in part or in the whole at the time of his decease such sum and sums of money as together with such part of the said Marriage-money which shall be paid in the life-time of the said A. B. if any be shall extend to be for every such Daughter Three hundred pounds a piece in the whole the same to be first paid and discharged according to such Covenants Bonds and Agreements as shall be made or entred into by the said A. B. in that behalf And then the other sums aforesaid How to be paid to be levied and paid to every other of the said Daughters successively according to the order and priority of their age and birth And it is further concluded and agreed by and between the said Parties to these presents That The parties to stand seised to the end thâ— Grantee may have or distrain for the Rent the said Conveyances and Assurances to be made and executed as aforesaid shall be and inure And the said C. D. E. F. and G. H. and their Heirs shall stand and be seised of all and every the Mannor Messuages Lands and Premisses before mentioned so to be charged to the end intent and purpose That every such person and persons to whom any such Rent shall be granted limited and appointed according to the true intent and meaning of these presents his and their Heirs and Assigns shall and may from time to time have perceive and enjoy the said Rent according to the purport and effect of such Grant limitation or appointment and may from time to time for non-payment of the said Rent or any part thereof enter into and upon the said Mannor Lands and Tenements so to be charged and distrain for the same and the Arrerages thereof as in case of a Rent-Charge and according to the effect and intent of such Grant Limitation or Appointment CHAP. X. Provision taken for Payment of Debts Legacies c. in the limitation of Vses 1. AS for touching and concerning the said Payment of Debts Legacies c. Messuages Lands Hereditaments and Premisses not herein before limited to the use of the said E. B. wife of A. B. for her Ioynture being parcel of the said Messuages Lands and Tenements comprised in the said Fine to the use and behoof of the said C. D. E. F. and G. H. the Cognizees for and during the Term of one and forty years to commence immediately from and after the decease of the said A. B. upon trust and confidence and to the end intent and purpose that the said C. D. E. F. and Term of 41 years limited upon Trust G. H. their Executors Administrators and Assigns shall and may receive perceive dispose and imploy the Rents Revenues Issues and Profits of the said Messuages Lands Tenements and Premisses respectively for and during the said Term of one and forty years for and towards the satisfaction and payment of all such Debts and sums of Mony which the said A. B. To pay Debts and discharge Sureties Payment of Annuities given to Servants shall happen to owe at the time of his Death or for which any Person or Persons shall at the time of the death of the said A. B. stand ingaged for or with the said A. B. and for his proper Debt and for the payment of such Annuity or Annuities as the said A. B. hath granted or shall hereafter grant or limit to be issuing or going out of
Assigns for ever upon Trust and confidence nevertheless and to the end intent and purpose that they the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Heirs shall and may at his and their free will and pleasure sell convey and assure the said Mannors Messuages Lands and Premisses in the said County of M. and every part and parcel thereof for the best benefit profit and advantage which shall or may be bona fide had or gotten for the same And that the Mony to be raised by every or any such Sale and as every such Sale shall be made shall be forthwith paid Mony raised by Sale to pay Debts mentioned in a Schedule and disposed of as followeth that is to say for and towards the payment of the Debts of the said A. B. and sums of mony mentioned in a Schedule hereunto annexed And in case any Surplusage shall remain over and above such sum and sums of mony as shall be expended in the payment and satisfaction of the said Dâ—bâ—s That then the said Surplusage or Overplus shall be paid by the said C. D. E. F. and G. H. or the Survivors or Survivor of them or the Executors Disposition of the Overplus or Administrators of the Survivor of theâ—â— unto the said A. B. or to such other Person or Persons as the said A. B. shall by his last Will or Testament in writing testified by two or more credible Witnesses or by any other Writing testified as aforesaid under his hand and seal direct and appoint and for want of such direction or appointment to the Executors or Administrators Disposal of the Profits before Sale of the said A. B. And upon further Trust and confidence that the said A. B. his Executors Administrators and Assigns shall and may until such Sale made have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannors Messuages Lands and Premisses hereby limited and intended to be sold as aforesaid 4. To the use of the said A. B. for Term of A limitation for years to Executors to pay Debts his natural life without impeachment of or for any manner of Waste and from and after his decease to the use and behoof of such Person or Persons as shall be Executor or Executors of the last Will and Testament of the said A. B. for and during the end and Term of ten years upon Trust and to the end intent and purpose That the said Executor or Executors may dispose of all the Rents Issues Profits and Revenues of the Premisses and of every part and parcel thereof for and towards the payment of the Debts of the said A. B. and such Legacies as shall be by the said Will given and devised the reasonable Cost and charges of the said Executors in reparation of the Premisses or any part thereof and in execution of the said Trust being deducted And from and after the end expiration or other determination of the said Vse and Estate â—imited to the said Executors To the use of c. 5. To the use of M. B. Widow Mother of To the use of Executors for performance of a Will the said A. B. for and during the Term of her natural life And from and after the decease of the said M. to the use of the said A. B. for and during the Term of his natural life and from and after the decease of the said M. B. and A. B. To the use and behoof of the Executors and Administrators of the said A. B. for and towards the performance of the last Will and Testament of the said A. B. for the term of 〈◊〉 years and from and after the end expiration or determination of the said Term of six years to the use and behoof of c. 6. After a limitation to A. B. for life Then Another for performance of a Will follows And from and after the decease of the said A. B. to the use of such Person or Persons as the said A. B. by his last Will and Testament in writing or by any other Writing to be by him sealed and subscribed in the presence of two or more credible Witnesses shall nominate and appoint for such Term and until such time as the same Person or Persons so to be nominated shall or may levy take or receive out of the yearly Rents Issues and Profits of the Premisses such sum or sums of Mony nor exceeding the sum of Two hundred pounds in the whole to be disposed of distributed or paid to such Person or Persons and in such manner and form and to such ends intents and purposes as the said A. B. shall in and by his last Will and Testament or other Writing as is aforesaid limit and appoint And in default of such limitation or appointment to the Executors or Administrators of the said A. B. And after the end or determination of the said Vse or Estate last before-mentioned Then to the use and behoof of C. B. Son and Heir of the said A. B. and the Heirs of the said C. B. lawfully begotten or to be begotten And for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever CHAP. XI Forms of Alteration of Vses upon Acts done c. 1. TO the use and behoof of the said These were the uses of a Fine c. intended to be acknowledged If other Lands be conveyed in lieâ— of the Lands limited then the use in those Lands to be to another c. C. B. who is Feoffors Son for and during the Term of his natural life and from and after his decease to the use and behoof of E. B. wife of the said C. B. for and during the Term of her natural life and from and after the decease of the said C. B. and E. B. and of the Survivor of them to the use and behoof of c. 2. Provided alwaies and it is Covenanted granted concluded and agreed by and between all the said Parties to these presents and it is the true intent and meaning of these presents and of the said Parties hereunto That if the said A. B. or the said C. B. or either of them shall at any time hereafter during the natural life of the said E. B. convey and settle or cause or procure to be conveyed and setled a good perfect and indefeasible Estate in the Law in and to the said E. B. or to her use and behoof of in or to any other Mannor or Mannors Lands or Tenements within the Kingdom of England of the clear yearly value of Two hundred pounds per annum of lawful Mony of England or more over and above all Charges and Reprises for Term of the natural life of the said E. B. and to and for her only use and behoof to begin and take effect in possession immediately upon the decease of
the said C. B. in lieu and recompence of such Lands Tenements and Hereditaments in D. aforesaid as are before in and by these presents intended or agreed to be conveyed and assured unto the said E. B. for and during the Term of her natural life in such manner and form as is aforesaid That then the said Estate The alteration of the use for life hereby limited and appointed to or for the said E. B. of in and to the said Lands Tenements and Hereditaments and all and singular other the Premisses in D. aforesaid shall cease determine and be utterly void frustrate and of none effect And that then and from thenceforth the said Recovery and Recoveries c. shall be and shall be adjudged deemed and taken to be and the said Recoverors c. and every of them their and every of their Heirs shall and will stand and be seized and be adjudged deemed and taken to stand and be seized from and after the decease of the said C. B. of and in such and so much of the said Lands and Tenements and other the Premisses in D. aforesaid as is limited and appointed before in and by these presents to or for the use of the said E. B. for term of her life as aforesaid to the only use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said C. B. on the Body of the said E. B. lawfully begotten and to be begotten and for default of such Issue then to such further use and uses behoofs intents and purposes as be thereof before in or by these presents expressed and declared and to none other use or uses intents or purposes whatsoever Any thing before in these presents contained to the contrary thereof in any wise notwithstanding 3. This Indenture c. Between A. B. To alter the Use upon non-payment of an Annuity or Rent vide Chap. 9. of the first part C. D. and E. F. of the second part and G. H. of the third part Let there be first a Covenant from A. B. to leâ—y a Fine sur cognizance de droit come ceo c. of all that Mannor c. to C. D. and E. F. Then add And it is Covenanted agreed condescended unto and declared by and between all the said parties to these presents That the said Fine so to be acknowledged and levied as aforesaid shall be and inâ—re and the said C. D. and E. F. their Heirs and Assigns and the survivor of them and his Heirs and Assigns shall stand and be seised of the said Mannor c. and all other the Premisses to the uses intents and purposes hereafter mentioned that is to say to the end intent and purpose That the said G. H. and his Assigns shall and may yearly during his natural life lawfully and peaceably have perceive and take out of the said Mannor c. and all other the Premisses one yearly Rent of Two hundred pounds per annum of lawful moneys of England at two usual dayes or Feasts in the year that is to say the Feasts of c. with a Clause of Distress c. vide Chap. 8. Sect. 5. 4. And further That if it shall happen Upon non-payment to enter the said yearly Rent of Two hundred pounds or any part thereof to be behind or unpaid by the space of Thirty days next after either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid being lawfully demanded That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns into the said Mannor c. and Premisses and every part and parcel thereof to enter and the same to have hold and enjoy for and during the term of his natural life And that immediately from and after such Entry made the said C. D. and E. F. the Feoffees or Cognizees their Heirs and Assigns and all other person and persons whatsoever Cognizees after Entry to stand seised to Grantees use Another which now are or at the time of such default made shall be seised of and in the said Mannor c. shall stand and be seised thereof and of every part and parcel thereof to the use and behoof of the said G. H. and his Assigns for and during the term of his natural life c. with remainders over c. 5. And that if it shall happen the said yearly Rent of c. to be behind or unpaid in part or in all by the space of Thirty days next after either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid being lawfully demanded That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns into the said Mannor c. and every part and parcel thereof to enter and the same to have holâ— and enjoy until he shall out of the Rents issues and profits thereof have levied and received the said Annuity of c. and all and every the arrears The party to have the Land until satisfied of the Rent and Arrearâ— thereof together with such reasonable costs charges and expences as the said G. H. or his Assigns shall be at in the levying and receiving of the same And that then and from thenceforth after such default and Entry made as aforesaid the said C. D. and E. F. the Cognizees and their Heirs shall stand and be seised of the said Premisses and of every part and parcel thereof to the use and behoof of the said G. H. and his Assigns for during and until such time as the said G. H. or hâ—s Assigns shall and may lawfully hold and enjoy the Premisses according to the intent and true meaning of these presents c. 6. Provided alwayes That if the said Another to make void and alter a Use upon Marrâ—age without Fathers consent C. B. or any of the Sons of the said A. B. lawfully begotten or to be begotten which shall fortune to be Heir apparent of the said A. B. shall in the life-time of the said A. B. marry or take to Wife any Woman or contract Marriage with any Woman without the consent of the said A. B. first had and obtained in Writing thereunto That then the Estate Vse remainder and possession of every such person and persons so marrying or contracting shall cease determine and be void And that yet nevertheless all other the several Vses Estates and Remainders by these presents limited and expressed of and for the said Mannors c. shall stand remain and continue in full force and effect And the said Fine so to be had and levied as aforesaid shall be und inâ—re and the said Cognizees therein to be named and the survivor of them and his Heirs shall stand and be seised of the said Mannor c. in the said Fine to be contained to the use and behoof of such other person
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
will sell convey and assure the said Mannor of C. with the rights members and Appurtenances Lands and Tenements thereunto belonging and every part thereof late the Inheritance of the said E. B. deceased for the best benefit profit and advantage which shall or may be bon â fide had or gotten for the same And that the money to be raised by every such sale and as Disposal of the moneys raised by sale every such sale shall be made shall be forthwith paid and disposed of by the said C. D. and E. F. and the survivor of them and his Heirs as followeth That is to say so much money thereof to the said A. B. his Executors or Administrators as according to the true yearly value of the said Mannor and Lands shall come to Five years and a halfs purchase And the residue of the moneys to be raised by such sale as aforesaid shall be disposed of for and towards the payment of the Debts of the said C. B. and sums of money mentioned in the Schedule hereunto annexed And for and towards the payment of such Legacies as the said C. B. shall by his last Will and Testament Devise and bequeath if any overplus remain after that the said Debts are fully satisfied and paid And in default of such Devise or bequest to the Executors or Administrators of the said C. B. and upon further trust and confidence that the To have the Profits until Sale said A. B. his Executors Administrators or Assigns shall or may have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannor Lands and Premisses hereby limited and intended to be sold until such sale shall be made thereof as aforesaid 11. Provided always and it is the true Uses as to part to be void upon non-payment of a sum to the younger Son of A. B. intent and meaning of these presents That if the said D. B. or such other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannors of A. and B. his their or some of their Heirs or Assigns shall not within Two years next after the decease of the said A. B. and C. B. or the survivor of them well and truly pay or cause to be paid unto the said I. B. second Son of the said A. B. if he the said I. B. shall and do so long live the sum of Two Thousand pounds of good and lawful money of England That then and immediately after such default of payment all and every the Use and Uses herein before declared and limited as for and concerning the said Mannors of A. and B. shall cease and be void And then also and from thenceforth the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered and the Recoveror New Use to the younger Son until he hath raised the sum appointed to him and Recoverors therein named his and their Heirs shall stand and be seised of and in all and singular the said Mannors of A. and B. to the use and behoof of the said I. B. his Heirs and Assigns until he or they shall or may out of the Rents Issues and Profits thereof have fully levied and received the said sum of Two Thousand pounds together with consideration after the rate of Six pounds per Centum per annum for the forbearance thereof from the end of the said Two years next ensuing the deaths of the said A. B. and E. B. or the survivor of them and all damages costs and charges which he the said I. B. his Heirs Executors or Administrators shall sustain or be put unto in or about the Recovering of the said Premisses or the said sum of Two Thousand pounds or any part thereof or in or about any Suit concerning the same And from and after such time as the said I. B. his Heirs or Assigns shall or without fraud or covin might have received the said Two thousand pounds together with consideration for the forbearance thereof as aforesaid and all Charges Expences and Damages as aforesaid touching or in any wise concerning the same out of the Rents Issues and Profits of the said Mannors of A. and B. That then and from thenceforth the said Recovery and Recoveries After the sum satisfied the Uses to be as before shall be and inure as to the said Mannors of A. and B. And the Recoveror and Recoverors therein to be named his and their Heirs and Assigns shall stand and be seised thereof and of every part and parcel thereof to the use of such person and persons and of such Estate and Estates to whom the said Mannors ought to have come and remained by the true intent and meaning of these presents in case the said last mentioned Proviso for touching or concerning the said I. B. or any matter or thing whatsoever therein contained had never been 12. And it is further Covenanted granted The Uses of the Mannor of D. concluded declared and fully agreed by and between all the said Parties to these present Indentures for them and their Heirs respectively and the true intent and meaning of these presents and of all the Parties thereunto is That as to for touching and concerning the said Mannor of D. late part of the Inheritance of the said E. B. with the Rights Members Appurtenances Lands Tenements and Hereditaments thereunto belonging The said Recovery and Recoveries so as aforesaid or in any other manner to be had and suffered And all other Recoveries Conveyances Fines Feoffments and Assurances in the Law whatsoever since the Death of the said E. B. late the Wife of the said A. 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 whereto they or any of them shall be Parties of for or concerning the said Mannor of D. or any part or parcel thereof either solely or together with other the said Mannors Lands Tenements and Hereditaments 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 as to the said Mannor of D. with the Rights Members and Appurtenances thereof and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed that is to say To the use and behoof To C. B. for life and after to his wife for life of the said C. 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 his decease to the use and behoof of M. B. his Wife for and during the term of her natural life And from and after the decease of the Survivor of them the said C.
appointed or declared shall or lawfully may quietly and peaceably have hold occupy and enjoy the said Premisses with the Appurtenances and every part and parcel thereof according to the true meaning of the Uses before declared and the Assurances hereafter to be made and passed in that behalf without any let suit vexation hinderance expulsion eviction interruption or trouble of the said A. B. his Heirs or Assigns or any other person or persons whatsoever lawfully claiming from by or under him or them or by his or their means assent command or procurement 11. And that he the said A. B. shall not at Not to do any act to impeach the Settlement any time or times hereafter make do assent unto acknowledge execute or willingly suffer any manner of Estate Conveyance Assurance Act Thing Matter or Devise whatsoever whereby or by reason whereof the uses and Estates before declared or any of them for touching or concerning the said Mannor Messuages Lands and Tenements or any part or parcel thereof shall or may be discontinued cut off debarred overthrown or made void or whereby the said E. B. or any of the said Sons or any Heir of any of their Bodies lawfully begotten or the Heirs of the Body of the said C. B. upon the Body of the said M. B. lawfully begotten or to be begotten shall or may by any means be defeated defrauded excluded or disinherited of the Premisses or any part or parcel thereof or of any Use or Estate hereby to him them or any of them appointed limited or intended or to be contained or mentioned in any of the said Conveyances or Assurances contrary to the true meaning of these presents or whereby or by reason whereof the said A. B. shall or may in any sort or degree be disabled perfectly sufficiently and surely to make pass convey and assure the said Mannor Messuages Lands and Tenements or any part or parcel thereof according to the Uses and Limitations in these presents expressed or declared and according to the purport intent and true meaning hereof 12. And the said A. B. for himself his For further Assurance Heirs Executors and Administrators doth Covenant promise and grant to and with the said C. D. and E. F. their Heirs and Assigns by these presents That he the said A. B. and his Heirs and all and every other Person and Persons lawfully claiming or to claim by from or under him except such as shall or may claim by or under the Leases before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the Costs and Charges in the Law of the said C. D. and E. F. or either of them their or either of their Heirs or Assigns make do acknowledge suffer and execute All such further Act and Acts Thing and Things Assurance and Assurances in the Law whatsoever for the further and better assuring of the said Premisses and every part thereof to the uses intents and purposes aforesaid as by them the said C. D. and E. F. or either of them their or either of their Heirs or Assigns or their or either or any of their Counsel learned in the Law shall be in that behalf reasonably devised or advised and required And that all Fines and other Assurances at any time hereafter to be had levyed suffered or executed of the Premisses or any part thereof by or between the said Parties or any of them shall be and shall be adjudged deemed and taken to be to the uses intents and purposes in these presents mentioned limited and declared and to no other use intent or purpose whatsoever 13. And the said A. B. for himself his c. Another doth Covenant and grant to and with c. That he the said A. B. his Heirs and Assigns shall and will from time to time and at all times hereafter within the space of seven years next ensuing the Date of these presents at and upon every reasonable request and at the only cost and charges in the Law of the said c. and either of them their and either of their Heirs or Assigns further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered All and every such further and reasonable Act and Acts Thing and Things Devise and Devises Assurance and Assurances in the Law whatsoever for the further better and more perfect assuring surety and sure making setling and conveying of the said Mannor c. and of every part and parcel thereof with Th' appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof and of every part and parcel thereof in and by these presents limited expressed appointed and declared and under the Conditions Provisoes and Limitations before mentioned and declared Be it by Fine or Fines Recovery or Recoveries with single or double Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled or by any other ways or means whatsoever as by the said C. D. and E. F. or either of them their or either of their Heirs or Assigns or their or either or any of their Counsel learned in the Law shall be reasonably devised advised or required so as the said A. B. his Heirs or Assigns or any person or persons whatsoever that ought to do or suffer such Act or Acts be not compelled to travel from the place of his or their abode 14. And the said A. B. for himself c. doth For settlement of Land to be purchased Covenant c. that in case the said A. B. or any other to his use shall at any time hereafter happen to purchase any Lands Tenements or Hereditaments of any Person or Persons whatsoever during the life of the said C. B. the Son That then the said A. B. shall cause and procure all such Lands Tenements and Hereditaments which shall be so purchased as aforesaid to be sufficiently conveyed and assured to the use of the said A. B. and C. B. for and during the Term of their natural lives and the life of the longest liver and Survivor of them and after their decease to the use and behoof of the Heirs of the Body of the said C. B. on the Body of the said M. B. lawfully to be begotten and for default of such Issue to the use and behoof of the said A. B. his Heirs and Assigns for ever and to none other use intent or purpose whatsoever 15. And also that he the said A. B. shall To permit 〈…〉 Lands to descend and will permit and suffer all and singular those his Messuages c. in the County of M. which D. B. his Uncle deceased did in his life time give grant convey and assure to him the said A. B. lawfully to descend come and remain immediately after the Decease of the said A. B. to the said C. B. and his Heirs And that
and during the term of her natural life for her Joynture and in lieu and recompence of her Dower and Title of Dower And from and after the several deceases of them the said A. B. and E. his wife Then to the use and behoof of the first a If they have any Sons time of the limitation they are to be named Son of the Body of the said A. B. on the Body of the said E. lawfully begotten or to be begotten and of the Heirs Males of the Body of such first Son lawfully to be begotten And for default of such Issue to the use and behoof of the second Son of the Body of the said A. B. on the Body of the said E. lawfully begotten or to be begotten and of the Heirs Males of the Body of such second Son lawfully to be begotten c. and so even to the Tenth Son And for default of such Issue to the use and behoof of every other Son and Sons of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten and of the Heirs Males of the Body of every such Son and Sons lawfully to be begotten according to their seigniority of Age and priority of Birth the elder Son and the Heirs Males of his Body being always preferr'd before the younger Son and the Heirs Males of his Body And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever And as to for and concerning the said Mannor of B. c. and all other the Messuages Lands Tenements The uses of the Mannor of B Hereditaments and Premisses with their and every of their Appurtenances whereof no Use or Uses is or are before herein limited 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 his decease to the use and behoof To A. for life after to the Feoffees for years in trust of the said C. D. E. F. and G. H. their Executors and Assigns for and during the term of one and twenty years to commence immediately from and after the decease of the said A. B. and from thence next ensuing and fully to be compleat and ended upon trust and confidence and to the uses intents and purposes hereafter in and by these presents expressed limited and declared And The use limited after the term from and after the end expiration or other determination of the said term of one and twenty years To the use of such Person and Persons for such Estate and Estates and in such manner and form as the said A. B. by his Deed or Deeds in writing sealed and executed in the presence of three or more credible Witnesses shall in his life time declare limit or appoint And in default of such Declaration Limitation or Appointment Then to the use and behoof of the right Heirs of the said A. B. 16. And the true intent and meaning of The Declaration of the Trust these presents is and the special Trust and confidence in them the said C. D. E. F. and G. H. their Executors and Administrators hereby reposed as to the said Estate for years to them limited as aforesaid is That in case the said A. B. shall depart this life having at the time of his decease one two or more Daughter or To pay Daughters Portions Daughters of his Body on the Body of the said E. lawfully begotten then living and unprefer'd in Marriage or leaving the said E. with Child of one or more Daughter or Daughters who after shall be born alive That then the said C. D. E. F. and G. H. the Survivors and Survivor of them and the Executors or Administrators of the Survivor of them shall and will out of the Rents Issues and Profits of the said Mannor of B. and other the Premisses so to them limited as aforesaid for years raise and levy so soon as conveniently may be for the Portion or Portions of such Daughter or Daughters which he the said A. B. shall leave at his decease unpreferred as aforesaid and with which he shall leave with Child the said E. as aforesaid viz. If there be but one the sum of Two thousand pounds of good and lawful Mony of England to be paid unto her at her Age of eighteen years or Day of Marriage which shall first happen or so soon as the said sum of Two thousand pounds can be raised and if there be two Daughters the sum of One thousand pounds a piece or if there be three or more Daughters the sum of Three thousand pounds in the whole to be equally divided between the said Daughters share and share like All and every the said sums to be payed unto the said Daughters severally and respectively at their several and respective Ages of Eighteen years or their several and respective Marriages which of them shall first happen or so soon as the same can be conveniently called as aforesaid in which respect the elder Sister is to be prefer'd in payment before the younger unmarryed And in case any of the said In case any of the Daughters die her part to go to the Survivors Sisters shall happen to die before her or their Marriage or Age of Eighteen years That then such part or proportion of the said Sister or Sisters so dying shall accrue and come unto the surviving Sister if but one and if more then one survive then unto the Sisters so surviving to be equally divided between them share and share like And upon this further trust and confidence that if it shall happen the said A. B. to die leaving onely one Daughter or two or more Daughters of his Body on the Body of the said E. begotten then living or afterwards to be born as aforesaid And that such Daughter or Daughters shall all happen to die before she or How the sums shall be disposed if all the Daughters die they shall be Marryed or accomplish the several and respective Ages of Eighteen years as aforesaid That then and in such case the said several sum and sums of Mony intended for the Portion or Portions Advancement or Advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or â—evyed out of the Rents Issues and Profits of all or any of the Premisses all charges and expences bring defrayed wherein a full and liberal allowance shall be made and given shall be satisfied and payed unto such Person or Persons as the said A. B. by any writing under his Hand and Seal subscribed and sealed in the presence of two or more credible Witnesses shall limit and appoint and in default of such Limitation and Appointment to the Executors or Administrators of the said A. B. And
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
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
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
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
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
Messuage Lands and Premises to pay and satisfie the debts owing by the said A. B. rateably to his Creditors according to their several debts as the same shall be yearly raised out of the said yearly Rents Issues and Proffits Now Witnesseth c. CHAP. III. Containing several Covenants 1. This Indenture c. between A. B. and E. To levie a Fine Sur cogniz de droit come ceo Per. Baron feme his Wife on the one part and C. D. and G. H. of the other part witnesseth that it is Covenanted Granted Concluded and Agreed by and between the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife dâ—th covenant grant and agree to and with the said C. D. and G. H. their Heirs Executors and Administrators by these presents That they the said A. B. and E. his wife shall and will before the end of the Terme of St. Michael the Archangel next ensuing the Date hereof by one Fine with Proclamations in due form of Law to be levied before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster †Or before any other Person or Persons sufficiently and lawfully authorized in that behalfe which is sometimes added Between the said C. D. and G. H. Plaintiffs and the said A. B. and E. his wife Deforciants Recognize and acknowledg All that tho Mannor of c. and all other the Lands Tenements and Hereditaments lying and being in the Parish of B. in the County of C. in which the said A. B. and the said E. his wife or either of them have or heretofore had any Estate or Inheritance in Possession Reversion or Remainder with all and singular the Appurtenances thereof by some Name or Names and Contents and Numbers of Acres in the said Fine to be contained to be the Right of the said C. D. as those which the said C. D. and G. H. have of the Gift of the said A. B. and E. his wife and the same shall thereby remise and quit-claime from them the said A. B. and E. his wife â—nd their Heirs to the said C. D. and G. H. and the Heirs of the said C. D. for ever And moreover shall by the said Fine warrant the said Mannor and Premises with the Appurtenances unto the said C. D. and G. H. and the Heirs of the said C. D. against them the said A. B. and E. his wife and the Heirs of the said A. B. Another more brief for ever 2. This Indenture c. Between A. B. and E. his wife on the one part and C. D. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife doth covenant and grant to and with the said C. D. his Heirs Executors and Administrators that he the said A. B. and E. his wife shall Will on this side and before the Feast of c. next ensuing the Date of these presents or before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster acknowledg and levie one Fine sur cognizance de droit come ceo que il ad de lour done c. with Proclamations according to the forme of the Statute in such Case had and provided to the said C. D of all that Messuage or Tenement and Lands c. by such Name and Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel learned in the Law shall be reasonably devised advised or required 2. This Indenture made c. Between A. B. of Another by several persons severally interessed c. on the first part C. D. of c. on the second part E. F. of c. on the third part and G. H. of c. on the fourth part Whereas the said A. B. is seized in his Demesne as of Fee of and in one parcel of Pasture ground called or known by the Name of D. lying and being in the Parish of F. in the County aforesaid containing by Estimation twenty Acres or thereabouts which he lately purchased of one J. R. of c. And whereas the said C. D. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances and a certain parcel of Meadow grounds lying neer thereunto containing by Estimation six Acres or thereabouts lying and being in F. aforesaid which he lately purchased of one L. M. of c. And whereas the said E. F. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances lying and being in F. aforesaid and a certain Close or parcel of Pasture ground thereunto belonging and adjoyning containing by Estimation Ten Acres or thereabouts which he the said E. F. lately purchased of one R. S. of c. And they the said A. B. C. D. and E. F being of the said Premises so severally seized as aforesaid Now witnesseth these presents that it is covenanted concluded and agreed by and between all the said Parties to these presents That they the said A. B. C. D. and E. F. shall on this side and before the Feast of c. next ensuing the Date hereof in due form of Law levie and acknowledg one Fine sur cognizance de droit come ceo c. with Proclamations according to the Statute in that Case made and provided before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster to the said G. H. and his Heirs of all and singular the Premises with the Appurtenances The Uses by the Name or Names of c. And that the said Fine so to be levied shall be and envre and shall be deemed construed and taken to be and envre and the said G. H. and his Heirs shall by vertue thereof stand and be seized of and in all and singular the said Premises with their and every of their Appurtenances to the several uses hereafter mentioned and declared and in manner and form following That is to say of and in the said parcel of Pasture Land called or known by the Name of D with the Appurtenances thereof to the only use and behoofe of the said A. B. and his Heirs and of in and to the said Messuage or Tenement with the Appurtenances and parcel of Medow grounds to the only use and behoofe of the said C. D. and his Heirs c. and so for the rest 4. This Indenture made c. Between A. B. To levie a Fine in the County of Lancaster of the one part and C. D. and E. F. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between all and every the