your Orator and having to that end drawn him into the Bonds aforesaid and being combined and confederated to lay upon him the whole burthen and penalty thereof have the better to effect the same so plotted as that the said G. B. who was and is privy to the whole passage of the business before mentioned and whom the said H. used as his Instrument to draw your Orator into the said Bonds hath lately since the money mentioned in the Conditions thereof become thereby due absented himself with the privity and by the procurement of the said H. and liveth now in remote and obscure places unknown to your Orator but well known to the said J.H. who while the said B. was here present never demanded of your Orator any money at all nor any way questioned him upon the said Bonds or either of them but now the said G.B. who could detect his dealing in the premisses being absent and kept out of the way be the said J.H. upon advantage therein and in pursuance of their plot aforesaid doth now pretend and give out in speeches that the said Bonds were real Securities and entred into for just debts and that your Orator and the said B.B. and I.I. or some one of them had of the said H. Money or Commodities of the value of Money mentioned in the Conditions of the said Bonds which money he pretendeth to be still unsatisfied and the said Bonds thereby forfeited and thereupon he the said I.H. hath of late arrested your Orator and commenceth or threatneth to commence and prosecute several Sutes against him at the Common Law upon the said several Bonds and spareing the said G.B. whom he hath purposely absented bendeth all his force against your Orator and albeit he the said I.I. hath received satisfaction of and from the said B.B. and I. I and of and from some others in their use or in their behalf of and for all the money and Commodities if any other were lent and delivered by him upon the said Bond and knoweth well that your Orator had never any part of such money or Commodity or any consideration at all for or in respect of his entring into the said Bonds but was meerly drawn thereunto upon the promises aforesaid which were never performed unto him yet he the said I.H. continueth still his sute and threatnings of sute against your Orator at the Common Law upon the said Bonds with intent to recover of him the whole penalties thereof and the said B. B. giveth way and furtherance thereunto and will take no course to free and discharge your Orator thereof nor will the said I.H. seek for satisfaction as he ought if any be due unto him at the hand of the said B.B. nor discover where the said B.B. is but both of them by a joynt confederacy between them intend to lay upon your Orator the whole burden and penalties of both the said Bonds and then to share and divide the same between them contrary to all rites and rules of Equity and to your said Orators apparent wrong and supportable hindrance unless he may find redress for the same before your Lordships in the justice and equity of this honourable Court. In tender consideration whereof and of all the aforesaid premisses and for that your Orator is void of all remedy by the course of the Common Laws of this Land to relieve himself in the said premisses and cannot there plead the matter of Equity before alledged nor any other sufficient Plea in Bar or be discharged of the said Bonds and of the Suits there commenced and threatned against him thereupon nor can thereby compel the said B.B. to take any course for your Orators discharge of the said Bonds and there enforce him and the said I.H. to perform and make good unto your Orator their promisses aforesaid for that your Orator hath no such precise proof of the said premisses by witnesses now living extant as the Common Law in such cases requireth but your said Orator is for all those matters before your Lordships in course of Equity properly to be relieved where he hopeth the said I H. and B. B. will upon their Oaths if they may be thereunto called confess their said promisses and the premisses to be true in such sort as aforesaid or if they shall deny the same that yet your Orator shall be able to make such proof thereof by circumstances as may in Equity move your Lordships to relieve him therein Therefore and to the end the said I.H. and B B. may upon their Oaths declare and set down what and how much money or commodities and what sorts and value the said I.H. disbursed lent or delivered upon the security of the Bonds aforesaid and when and to whom and whether he had the same or any part and what part thereof back again and what other satisfaction he the said I.H. hath received for or towards the said Bonds or the money mentioned in the Conditions thereof and for whom and to the end that the said I. H. and G.B. may be ordered to discharge your Orator of and from the said Bonds and that all Sutes at the Common Law thereupon against your Orator may be stayed that the matters concerning the same may be here determined in and by this Honourable Court according to Equity May it please your good Lordship the premisses considered as well to grant unto your said Orator Process of Injunction to be directed to the said I.H. commanding and enjoyning him his Counsellers Attorney or Agents and Solicitors thereby to surcease and stay all Sutes and further proceedings at the Common Law against your Crator upon the Bonds aforesaid or either of them untill the matters of Equity concerning the same be heard and determined in and by this Honourable Court As also to grant unto your Orator his Majesties most gratious writ of Subpoena c. A Bill of Revivor HUmbly complaining c. R. W. of c. brother and heir of W.W. late of W. c. That whereas the said W. W. in his life-time viz. in Easter Term in the Fourth year c. exhibited his Bill of Complaint in this High and Honourable Court of Chancery before your Lordship the tenor whereof followeth in these words To the Right Honourable c. recite the whole Bill verbatim And the said W.C. being accordingly served with Process of Subpoena issuing out of this Court appeared in the said Term c. and upon his Corporal Oath then and there made his answer to the said Bill of Complaint which answer remaineth upon Record in the Honourable Court whereunto your Orator concerning the particular matters and circumstances therein contained prayeth that he may refer himself for more certainty and then in brief shew all the further proceedings in particular since which time may it please your good Lordship that the said W.W. dyed whereby the said Bill Process and whole proceedings thereupon are abated and yet nevertheless the whole right title and
other use intent or purpose whatsoever any thing in these presents contained to the contrary thereof in any wise notwithstanding In witness c. An Indenture of Covenants for passing of a Recovery in the Common-Pleas to cut off an Intail THis Indenture made c. between E. C. of c. of the one part and W. O. and J. H. of c. 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 E. C. doth covenant and grant to and with the said W. O. and J. H. that he the said E. C. shall and will permit and suffer the said W. O. and J. H. to purchase and sue forth out of the High-Court of Chancery one or more Writ or Writs of Entry sur discesin en le post returnable before the Justices of the Common-Pleas at Westminster at some certain day of Return in Easter-Term next coming by which Writ or Writs the said W. O. and J. H. shall demand against the said E. C. all that Messuage Tenement or Farm with the appurtenances scituate c. which late were in the possession of c. and also all that Close of Pasture-ground commonly called c. containing c. and all that Close of Pasture c. and also all and singular Lands Tenements Rents Reversions Services Commons Profits Commodities Emoluments and Hereditaments whatsoever with all and singular the Appurtenances to the Premises or any part or parcel thereof belonging or in any wise appertaining by such name and names and in such manner and form and by such number and quantity of Acres as the said W. O and J. H. or the survivor of them or the Council learned of them shall be devised or advised to which Writ the said E. C. shall appear personally or by Attorney in the said Court of Common-Pleas enter into the said warranty and imparl and vouch the warranty the Common vouchee who shall after depart in contempt of the Court so as a good perfect recovery shall and may be had in due form and order of Law of the said Messuages Lands c. and all other the premises with the appurtenances according to the usual course of common Recoveries for assurance of Lands and Tenements in the said Court of Common-Pleas and that a Writ of Habere fac ' seisinam shall be thereupon awarded executed and returned accordingly And it is further condescended unto and agreed by and between all the said Parties to these presents That as well the said Recovery so to be had and executed as aforesaid as also all and every other Recovery or Recoveries Conveyances and Assurances whatsoever which before the Feast of c. shall be had and executed by and between the said Parties to these presents or any of them of the said Messuages Lands Tenements and Hereditaments and all and every other the premises with the appurtenances or of any part or parcel thereof by what name or names soever the same shall be so had and executed and the full force and execution of them and every of them shall be and enure and shall be construed adjudged and taken to be and enure to the onely use and behoof of the said W. O. his c. for ever And the said W. O. and J. H. and the survivor of them and the heirs of the survivor of them shall ever from thenceforth stand and be seized thereof and of every part thereof to the only use and behoof of the said W. O. his heirs and assigns for ever and to no other use intent or purpose whatsoever In witness c. An Assignment of a Lease THis Indenture made c. between P. S. of c. and M. his Wife and Executrix of the last Will and Testament of I. C. late of c. deceased on the one part and W. W. of c. Yeoman on the other part witnesseth That whereas T. M. of c. in and by one Indenture of Lease bearing date c. for the consideration therein mentioned did demise grant and to farm-let unto the said I. C. reciting the Grant as in and by the said recited Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now this Indenture witnesseth That the said P. S. and M. his wife as well for and in consideration of the sum of c. to them in hand paid before the ensealing and delivery of these presents by the said W. W. whereof they do acknowledge the Receipt and thereof and of every part and parcel thereof do acquit exonerate and for ever discharge the said W. W. his c. by these presents hath given granted bargained sold assigned and set over and by these presents do give grant c. unto the said W. W. his c. all that parcel of Ground or Garden-Plat with the appurtenances before mentioned and all Houses Edifices Buildings c. and all the Estate Right Title Interest Possession Term of Years to come Claim and Demand whatsoever which they the said P. S. and M. his wife or either of them now have or hath may might should or in any wise ought to have or claim of in or to the said parcel of Ground and Garden-plat and other the premises with the appurtenances and every or any part or parcel thereof by force and vertue of the said Indenture of Lease To have and to hold Habend the said parcels of Ground or Garden-plat and all Houses Edifices and Buildings thereupon or upon any part or parcel thereof now standing or being And also all the said recited Indenture of Lease and all the Estate Right Title Interest Term of Years and all and singular other the premises with the appurtenances in and before by these presents bargained sold assigned and set over or mentioned or intended to be hereby given granted bargained sold assigned and set over and every part and parcel thereof unto the said W. W. his Executors Administrators and Assigns to his and their own proper use and behoof during the residue of the said term in and by the said Indenture of Lease granted and therein now to come and unexpired in as large ample and beneficial manner to all intents constructions and purposes as they the said P. S. and M. his wife or either of them now have or hath may might should or in any wise ought to have and enjoy the same by force and vertue of the said recited Indenture of Lease or otherwise howsoever and the said P. S. and M. his wife for themselves their Executors c. and for either of them and either of their c. doth convenant c. that the said recited Indenture of Lease c. at the time of the ensealing and delivery of these presents is a good sure perfect and indefeizable Lease in the Law of and for the said parcel of Ground or Garden-plat and premises hereby
convenient for such a Ship with an able Master eleven Men and a Boy which shall be ready at all times convenient with the Boat of the same Ship to serve the said H. S. his Factors and Assigns to and from Land during this present Voyage afore-mentioned And to the observing of all and singular the Covenants Grants Articles Deliveries Receipts and Agreements and all other things above rehearsed which on the part and behalf of the said Owners are to be observed and kept in form aforesaid the said Owners bind them and either of them their Executors Goods and especially the same Ship with his Freight Tackle and Apparel to the said H. S. his c. in the penalty of c. well and truly by these presents to be paid And likewise to the observing of all and singular the Covenants Grants Articles Deliveries Receipts Payments and Agreements and all other things above rehearsed which on the part and behalf of the said H. S. are to be observed and kept in form aforesaid the said H. S. bindeth himself his Executors and Goods whatsoever they be and wheresoever they may be found to the said Owners and their Executors in the penalty of c. well and truly to be paid by these presents In witness c. A Transport of Goods in a Ship TO all c. I A. P. of c. send greeting c. Whereas I the said A. P. in the Moneth of c. last past did lade in the Port of London of my own proper Goods and for my own proper use and accompt into and aboard the good Ship called c. wherein one T. C. was then Master for and during her then intended Voyage so much c. to the intent and purpose that all the aforesaid Kersies and Cloth should be transported for and in trade of Merchandize in and with the said Ship amongst other her lading in her Voyage then intended to be made to Constantinople and other places beyond the Seas and within the Streights of Gibralter and to return again into the Port of London Now know ye That I the said A. P. for and in consideration of the sum of c. by F. L. of c. to me paid whereof I acknowledge the receipt by these presents Have given granted aliened bargained sold transferred assigned and set over and by these presents do absolutely give grant alien bargain sell transfer assign and set over unto the said F. L. as well all and every the said Kersies and Cloths aforesaid which are laden into the said Ship for the use accompt or behoof of me the said A. P. as afore is mentioned As also all and every such adventure and adventures sum and sums of Money Goods Wares Merchandize and encrease whatsoever which is or shall be returned had gained or gotten by reason or in respect of the said Kersies and Cloths so laden outward as aforesaid or for or in respect of any part or parcel thereof in any manner of wise to have hold take receive and enjoy all the Payments afore-mentioned to be hereby given granted aliened bargained sold transferred assigned and set over and every part and parcel thereof to the said c. to his and to their own proper use and uses to his and their own proper Goods from henceforth freely for ever and to the intent and purpose that the said F. L. his c. may the better have receive and enjoy all the Goods Merchandizes and Premises afore hereby granted bargained sold assigned and set over and every part thereof according to the true meaning and purport of these presents I the said A. P. do hereby make authorize and appoint him the said c. my true and lawful Attorney irrevocable in my name and stead but to his own use to do execute c. all and every act matter and thing whatsoever touching or concerning the premises or any part thereof in as ample manner c. giving and by these presents granting c. and I do hereby covenant c. to ratifie all and whatsoever c. Covenants for quiet enjoying without any let reclaim c. and to do any further act c. but the said F. L. to abide the bazard at Sea In witness c. A Deed of Gift in consideration of the discharging of Debts TO all c. I J. W. of c. send greeting Whereas I am indebted and do owe unto divers persons divers sums of Money which I cannot satisfie or make payment of as my said Creditors do desire by reason many Debts are owing unto me And whereas my loving Friends c. have undertaken to give satisfaction to my said Creditors for my said Debts owing as aforesaid Know ye That I the said J. W. for and towards the indempnity and saving harmless them the said c. for and concerning the payment of the said Debts have given and granted and by these presents do c. unto the said c. all and every such sum and sums of Money Goods Chattels and Debts as I now have and am possessed of and which are due owing or payable unto me in the Hands or Custody of any person or persons whatsoever mentioned in a Schedule or Inventory to these presents annexed To have hold receive take and enjoy the said Goods Chattels Credits Sum and Sums of Money unto the said c. their Executors and Administrators to their and every of their use and uses and as their and every of their own proper Goods for ever absolutely without any reclaim challenge or contradiction of any person or persons whatsoever And I have set and put the said c. in full and peaceable possession of all and every the premises by the delivery unto them of a piece of Money called Six pence fixed in the Seal hereof And for the better recovery of the said Debts I the said J. W. have made ordained and authorized and by these presents constitute and appoint the said c. and every of them to be my true and lawful Attorney irrevocable in the name of me my c. but to and for c. to ask sue for levy recover and receive all and every such Goods Chattels Credits Debts Sum and Sums of Money as are in these presents and in the said Schedule specified And all and every the Debtor and Debtors Detainer and Detainers thereof or of any part thereof to sue implead and prosecute by due course of Law in any Court of Record or Equity Giving and by these presents granting c. my full power strength c. as in a Letter of Art A Covenant for allowing and justifying all Actions c. without any non-suit retraxit or other act or thing or without any account c. and to make further Letters of Art and assurance for the recovery of the premises to the true performance whereof I bind me my c. in the said his c. in the sum of c. firmly by these presents In
and prosecuted against the said T. M. before Sir John Vaughan Knight c. the Kings Majesties Justices of the Court of Common Pleas at Westminstor according to the usual order and form of Recoveries heretofore used the Mannor of L. with the appurtenances and divers other Lands c. lying in the Parishes c. in the County c. at the time of the said Recovery had being the inheritance of the said T. M. other than such Messuages and Lands as the said T. lately purchased of one P.S. by the names of c. Now this Indenture witnesseth That it is covenanred condescended to concluded and agreed between the said parties to these presents in manner and form following That the intent and true meaning of all the said parties now is and at the time of the said Recovery so had and suffered was that the said Recovery should and shall be and enure and construed to be and enure And that the said A. T. and his heirs immediately from and after the said Recovery so had and executed should and shall stand and be seised of the said Mannor and all other the Lands Tenements and Hereditaments with the appurtenances in the said Recovery meant and intended to be comprised to the only uses and intents hereafter by these presents set forth and declared and to none other uses intents or purposes whatsoever That is to say to the use of the said T.M. for the term of his natural life and after his decease then to the use and behoof of the eldest Son of the said T.M. begotten or to be begotten on the Body of M. the intended Wife of the said T. M. and the heirs males of the Body of the said eldest Son and for default of such Issue to the right Heirs of the said T.M. for ever A Proviso for Revocation of uses PRovided alwayes That if the said T. M. party to these presents shall at any time during his natural life intend or be willing to alter change revoke or make void the said Estates Remainders Uses and Limitations before in these presents mentioned or any of them c. and shall by any writing or writings under his hand and seal in the presence of two credible witnesses at the least signifie and declare That his mind and intent is to alter change revoke or make void the Uses c. That then and at all times after such writing and writings shall be so signed and sealed all the said Estates Uses c. before in these presents specified and declared and in the said writing or writings mentioned shall from thenceforth cease determine be revoked and utterly for ever void And that then and at all times after he the said A. T. his Heirs and Assigns and all and every other person and persons whatsoever which shall be then seifed of the said Premisses with their Appurtenances or any part or parcell thereof shall stand and be seised thereof or of so much thereof as shall be mentioned and contained in the said Writing or Writings of Revocation to the onely use and behoof of the said T. M. his Heirs and Assigns for ever or to such other uses intents or purposes as in the said Writing or Writings of Revocation shall be limited appointed and declared and to none other use intent or purpose whatsoever any thing before specified to the contrary in any wise notwithstanding In witness whereof c. An Indenture to lead the uses of a Fine and Recovery had and suffered THis Indenture made c. Between A. M. of c. and J. B G. B. of c. of the one part and R. C. of c. on the other part Whereas the said A. M. being seifed in his Demesne as of Fee of and in certain Messuages Lands Tenements and Hereditaments with the appurtenances scituate lying and being in W. in the County of C. and it having been agreed between the said A. M. and the said R. C. that for a valuable Consideration of money to the said A. to be paid by the said R. the said A. should convey the same to the said R. and his Heirs in such manner as the Councel Learned of the said R. should advise or reqâ—â—â— And whereas by advice of the said Councel Learned of the said â— he in Easter-Term last past before the date hereof in the Court of Common Pleas at Westminster did commence prosecute and bring one Writ of Entry Sur Disseisin in le Post against the said R. C. demanding thereby one Messuage two Gardens c. with the appurtenances in W. aforesaid unto which the said R. did appear and did vouch to Warranty the said A. M. who being then present in Court the said Vouchee in proper person vouched over one L. M. whereby a good and perfect Common Recovery of the said Premisses with double Voucher according to the form of Common Recoveries in such cases used was due in form of Law suffered and executed And whereas the said R. in Easter-Term aforesaid by advice of the Councel of the said R C. did levy and knowledg in due form of Law before his Majesties Justices of his Highnesse said Court of Common Pleas unto the said R. C. and his Heirs one Fine Sur Conusance de droit come ceo c. with Proclamation thereupon had according to the Form of the Statute in that behalf made and Provided as in and by the said Fine and Recovery relation being thereunto had more sully and at large may appear Now This Indenture Witnesseth That the said J. B. G. B. and A. M. and every of them for themselves their Heirs Executors Administrators and Assigns and for every of them do covenant grant declare and agree to and with the said R. C. his Heirs and Assigns and to and with every of them by these presents That the said recited Fine and Recovery and the Recoveror and Recoverors therein named and their Heirs and Assigns and the Heirs of the Survivor of them and all other person and persons which now are or shall be seised of the said recited Premisses and every part and parcell thereof shall thereof stand and be seised to and for the onely use and behoof of the said R. C. his Heirs and Assigns for ever and to and for no other use intent or purpose whatsoever In witness whereof c. Revocations of Uses in former Indentures mentioned according to the power thereby given THis Indenture made c. Between E.S. of S. in the County of M. Esq of the one part and R.H. T.T. J.B. and H.H. of the other part Witnesseth That whereas the said E.S. did heretofore by his Indenture bearing date c. made between him the said E.S. of the one part and J.O. of P. in the said County of L. Esq on the other part Covenant grant and agree to and with the said J.O. his Executors and Administrators That he the said E. and his Heirs in such manner and form as by the said recited Indenture
not extend to Lands sold bona fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts But to return to Execution wherein we are to consider That the Writs whereby this Execution is made are some of them against the person some of them against the goods some of them against the Lands and some of them against the Body Lands and Goods together Co. 6.87 8.141 For the doing of Execution in a Suit for debt or damages the Writs are the Levari facias the Fieri facias and the Capias ad Satisfaciendum and sometimes the Exigent the Capias Utlagatum and the Capias pro fine The Levari facias is a Judicial Writ directed to the Sheriff for the levying of a summe of money upon the Lands and Tenements of him against whom the Judgment is Reg. Orig. fol. 298. The Fieri facias is a Judicial Writ lying for him that hath recovered in an Action on Debt or Damage directed to the Sheriff commanding him to levy the same of the Defendants goods Old Nat. Bre. 152. The Capias ad Satisfaciendum is a Judicial Writ grounded upon a Statute lying where a man hath recovered in an Action personal any debt or damages in the Kings Court directed to the Sheriff to command him to take the body of him against whom the debt is recovered and to put him in prison till Satisfaction be made to him that recovered And all these three last named Writs are to be sued out within a year and day after the Judgment obtained and not after without Scire facias And if they be sued out within the year they may be continued after the year till Execution Co. on Litt. 290. The Exigent is a Writ that lyeth where the Defendant in an Action personal cannot be found nor any thing within the County to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlawry And if he be Outlawed then all his Goods and Chattels are forfeited And this mostly goeth forth before Judgment and in some cases after Judgment If it be before Judgment there must go before it three Writs of Capias ad Respondendum with a Non est inventus upon each of them returned But if it be after Judgment as it may on a Capias ad Computandum or Capias ad Satisfaciendum there it may issue out after the first Capias Termes del Ley. The Capias Utlagatum is a Writ of Execution or after Judgment which lyeth against him that is Outlawed upon any Suit directed to the Sheriff commanding him upon receit thereof to apprehend the party Outlawed for his contempt in not appearing upon the Exigent and to keep him in safe custody until c. and to bring him into the Court at the day of the return of the Writ where he is to remain without bail or mainprise Co. 12.103 There is also a special Writ in this case called a Capias Utlagatum inquiras de bonis et Catallis which is a Writ in a manner the same with the former but that it gives a farther power to the Sheriff over and besides the apprehension of his body to inquire of and seize upon his Goods and Chattels to the Kings use Old N. B. 154. The Capias pro fine is where a Judgment is given in a Case for a Plaintiff and it is in such a case where the Defendant is also to pay a Fine to the King the which being not paid to command the Sheriff to take and imprison him till he pay his Fine to the King Co. 3.1 2 3. The Extendi facias is that which is called the Writ of Extent whereby the value of Lands c. is commanded to be made and levied For to extend doth signifie in Law to value the Lands or Tenements of one bound by Statute c. who hath forfeited his Bond to such an indifferent rate as by the yearly Rent the Obligor may in time be paid his debt F.N.B. 131. And Extent doth sometimes signifie a Writ to the Sheriff for the valuing of Lands or Tenements and sometimes the Act of the Sheriff upon this Writ And if the Sheriff delay to execute the Writ of Extendi facias in the delivery of Lands Goods and Chattels of the Conusor to the Conusee that are apprised and taken into his hands upon the Extent he may be be forced to it by a Writ called a Liberate The Elegit is a Judicial Writ grounded upon the Statute and lyeth for him that hath recovered debt or damages in the Kings Court against one not able in his Goods to satisfie directed to the Sheriff to command him to make delivery of half the parties Lands and Tenements and all his Goods Oxen and Beasts for the Plough excepted Old Nat. Bre. 152. Reg. Orig. 129 299. The Scire Facias is a Judicial Writ most commonly to call a man to shew cause to the Court whence it is sent why Execution of a Judgment passed should not be made And this commonly is not granted before a year and a day be passed after the Judgment given In which cases for the most part Execution is not grantable until this Writ and the return thereof be had and past Vet. N. B. 151. And where a man shall be put to this To have Execution or not see 21 E. 3.22 Execution 53 55 69 89 97 143. Scire Facias 126. Execution 102 164 243. And here observe That Executions may be arrested and stayed by the Court wherein the Judgment is given By the Common Law for a debt for which a man had Judgement he could have had neither Body nor Lands in Execution in case of a common person but the Goods and Chattels and Profits of the Lands except in case of an heir chargeable by the deed of his Ancestor but the Law is now otherwise for at this day upon a Judgment given for debt or damages in the Courts of Record at Westminster generally the moyety of all the Land that the Defendant hath tempore redditionis judicii or at any time after and all the Goods and Chattels he hath tempore Executionis or the day of the Writ awarded shall be subject and lyable to the Executionâ— and all these may be taken in Execution by the Sheriff into whose hands soever they be come Dyer 306.34 Co. 3.12 34 H. 6.45 The Ca. sa did not lye at the Common Law against any man for debt but in case of the King until 25 E. 3.17 Vide Co. 3. in Sir William Herberts Case How the Sheriff and his Officers are to perform their Office in doing execution the following Observations will shew 1. If the Sheriff have a Writ of Execution delivered to him and a Writ of discharge or Supersedeas come to the Sheriff but he hath not notice of it In this case he may serve
and to hold the said Annuity or yearly Rent of c. aforesaid unto the said S. L. and her Assigns in as large and ample manner and form as I the said J. W. may or ought to have and enjoy the same by force of the said Deed indented or any thing therein contained together with the said Deed indented In witness c. A Release for one used in trust TO all Christian people c. R. M. of c. sendeth greeting in our Lord God everlasting Whereas C. G. and T. T. for and in consideration of a certain sum of money to them paid by J. L. of c. by their Indenture of Bargain and Sale bearing date c. did grant bargain and sell unto the said I. L. and R. M. their Heirs and Assigns for ever all that their third part in three parts equally to be divided of all that their Messuage or Tenement called c. with the appurtenances scituate c. late in the Tenure of c. And also all that their third part in three parts equally to be divided of all that their Mine of Coals opened or to be opened or to be gotten or digged within the Grounds or Lands to the said Messuage or Tenement called c. belonging or appertaining or in any part or parcel thereof as by the same Indenture among divers other Covenants and Agreements more at large it doth and may appear All which premises in the Indenture specified so sold and granted to the said I. L. and R. M. as aforesaid was before and at the ensealing of the said Indenture intended and meant to be to the only use and behoof of the said I. L. and his Heirs and to no other use or purpose whatsoever Now know ye That I the said R. M. for and in regard of the trust and confidence in me reposed by the said I. L. have remised released and for ever quit-claimed and for me and my Heirs do by these presents remise release and for ever quit-claim unto the said I. L. and his Heirs All my Right Interest Estate Title and Demand which heretofore I have had or now have of and in the said premises in the said Indenture specified or in any part or parcel thereof In witness c. A Surrender of a Lease for Lives for the obtaining of a new Lease TO all c. I A. S. c. send greeting c. Whereas I the said A. now am and stand lawfully seized and possessed of a Lease for term of my life to be made and granted by c. bearing date c. of and in c. all which premises are scituate c. and are of the yearly value of c. as by the said Indenture of Lease Relation c. Now know ye That I the said A. have granted and surrendred and by these presents do fully and absolutely grant and surrender unto the said c. his Heirs and Assigns the said Messuage c. demised by the said c. to me the said A. by the said recited Indenture of Lease as aforesaid And all the Estate Right Title Interest term of Life and Demand whatsoever of me the said A. of in and to the said Messuage and other the premises with the appurtenances and of in and to every of them and every part and parcel thereof by force and vertue of the said recited Indenture of Lease or otherwise howsoever Together also with the said Indenture of Lease To the intent nevertheless and upon condition that the said c. may by his Indenture of Lease make a new demise and grant of the premises to J. H. and C. his wife and N. their Son for term of their natural Lives and the life of the longest Liver of them successively or otherwise as shall be thought convenient and for and under the yearly Rent and under such Provisoes Covenants and Articles as shall be thought fit therein to be comprized In witness c. A Revocation of a Suit TO all c. I A. B. send greeting c. Whereas an Action hath been brought at the Common Law in my name against P. F. upon a Bond wherein the said P. F. and one W. D. became bound unto me in the sum of c. on the c. as by the same Obligation c. Now know ye That I the said A. B. do by these presents revoke and withdraw the said Action and Suit brought against the said P. F. upon the said Obligation and all proceedings thereupon had in my Name and do also countermand all Letters of Attorney and other Authorities whatsoever by me heretofore made or given to any person or persons for the prosecution of any Action or Suit upon the said Bond and do also signifie and declare that my will and pleasure is that no action or suit shall at any time hereafter be brought and commenced against the said P. F. and W. D. nor either of them nor their nor either of their Heirs c. upon the said Obligation In Witness c. A Release for waste done TO all c. W. S. of c. sendeth greeting in our Lord God God everlasting Whereas J. S. of c. being possessed of a Lease for divers years yet to come of and in one parcel of Wood-ground commonly called c. situate c. containing c. being parcel of the possession of W. S. c. aforesaid and whereas the said J. S. for the better advantage to himself and for the increase of his own yearly profit to be made of the same Wood-ground and for the better and more profitable manuring of the said ground hath for that purpose cut down and grubbed up divers Trees in and upon the said parcel of Wood-ground and hath converted the same Ground into Tillage whereby a far greater annual profit is and yearly advantage will be made thereof than if the same should continue Wood-ground which in time to come will turn to the better benefit and advantage of the said W. S. and his Heirs after the end and determination of the said Lease made to the said J. S. yet notwithstanding the said J. S. is subject and liable to be questioned and troubled by action to be commenced against him both for the waste he hath committed by cutting down Trees and for not preserving of the said Woods according to the Covenants comprised in the said Lease Now know ye That the said W. S. c. for and in consideration of c. and for divers good causes c. hath for himself his Heirs Executors c. remised released and quit-claimed and by these presents doth clearly and absolutely remise release and quit-claim unto the said J. S. c. all and all manner of Actions of waste and all manner of Suits for any Wastes or Spoils done or committed by him the said R. S. in the said Wood and Wood-ground called c. aforesaid until the date of these presents And all and all manner of actions
or any of them their or either or any of their Heirs or Assigns or by any other person or persons whatsoever by their or any either of their means assent consent or procurement one estate thereof heretofore made by the said T. L. and Hellen his late wife by Fine and other assurances to the use of the said T. L. and Hellen and the Heirs of the said T. L. and one Lease made by the said Hellen and J. T. and El. his wife to R. by Indenture bearing date April 25. in the Twelfth year c. and all arrerages of rents now accrued or to accrue by reason of the same and one other Lease made by the said J. T. and El. to the said Hellen for One hundred years for better security of payment of six pounds per annum to the said Hellen and her Assigns during her life only excepted and fore-prized and the said J. T. for himself his Executors and Administrators doth covenant and grant to and with the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. by these presents that they the said J. T. and El. his wife and either of them and their and either of their Heirs and all and every other person and persons now having or lawfully claiming to have or which at any time hereafter shall or may lawfully claim to have any estate right title or interest of in or to the said premises and every or any of them by from or under the said J. T. and El. his wife and T. L. or by from or under either or any of them other than the said Hellen and such as may claim under her for her Estate as aforesaid and other than such which may claim under the said excepted Leases or either of them shall and will from time to time and at all times after the date of these presents at and upon the reasonable request and only cost and charges in the Law of the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. or any of them do make knowledge execute and suffer or cause to be done made knowledged executed and suffered all and every such further lawful and reasonable act and acts thing and things device and devices assurances and conveyances in the Law whatsoever which shall be or may be for the more better and perfect assurance sure-making and conveying of all and singular the said bargained premises and every part and â—arcel thereof with the appurtenances unto the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. to the only proper use and behoof of the said R. H. and El. his wife and of the Heirs and Assigns of the said R. H. for ever according to the true intent and meaning of these presents be it by Fine Feossment recovery with single double or more Voucher or Vouchers over Deed or Deeds inrolled or not inrolled the inrolment of these presents release or confirmation with warranty or without warranty or by all every or as many of the said wayes and means as by the said R. H. and El. his wife his Heirs or Assigns or his or their or any of their Council learned in the Law shall be reasonably devised advised and required so as for the making doing knowledging executing suffering or performing such further acts things devices assurances and conveyances or any of them the person or persons that are to make such further assurance by force of this Covenant or any of them be not compelled to travel above the space of twenty Miles nor by such acts things devices assurances or conveyances or any of them be compelled or compellable to warrant acquit or defend the premises or any of them more largely or more generally than only against acts charges titles troubles and incumbrances had made or done or wittingly or willingly suffered by them or by any of their means assent consent privity or procurement but not in any ways to warrant against the said Leases and Estates before excepted or either or any of them And moreover it is covenanted granted concluded and agreed upon by and between all and every the said Parties to these presents that all and every Fines Feoffments Recoveries Acts Things Assurances and Conveyances in the Law whatsoever hereafter to be had made levied suffered executed or performed of the said premises or any part thereof and whereunto the said J. T. and E. his wife or either of them or their or either of their Heirs shall in any wise be Party or Parties Vouchee or Vouchees shall be and enure and shall be deemed construed reputed adjudged and taken to be and enure to the only proper use and behoof of the said R. H. and E. his wife and of his Heirs and Assigns for ever and to none other use or uses intents or purposes whatsoever And this Indenture further witnesseth That the said J. T. for the consideration aforesaid hath granted bargained sold and confirmed and by c. unto the said R. H. his Executors Administrators and Assigns all such Goods Implements Housholdstuff Utensils and things which are mentioned in a Schedule indented hereunto annexed and doth hereby also covenant and grant to with the said R. H. his executors adminâ— strators and Assigns that he hath full power and sufficient and good right and property to grant the same accordingly and the said J. J. for himself c. doth covenant to with the said R. H. his heirs assigns that he his heirs and assigns shall and will at all times hereafter upon the request and at the charges of the said R. H. his heirs and assigns shew or cause to be shewn forth in any Court of Law or Equity or other place necessary all Evidences which he or they shall have in their hands or may lawfully come by without sâ—â—t of Law concerning the said bargained â—â—remises or any part thereof for maintenance of his Estate hereby mentioned to be assured unto him and his heirs and shall and will permit and suffer the same to remain in such Court or place so long as shall be necessary in such behalf In witness whereof c. Robert Farr being seized of a Tenement in Fee with remainders wherein Eliz. Farr hath an Estate for her life having levied a Fine now suffereth a recovery and setleth and assureth the same to Robert Bleck and his heirs in Fee-simple by the subsequent Deed. THis Indenture Quadripartite c. between Robert Farr Son and Heir of c. G. G. and E. Ar. of c. of the first part Robert Bleck of c. of the second part W. H. and T. H. of c. of the third part and I. P. and H. Bl. of the fourth part witnesseth That for and in consideration of the sum of 200 l. of c. to the said R. F. before the ensealing and delivery hereof well and truly satisfied and paid by the said R. Bl. whereof the
said R. F. doth by these presents acknowledge the receipt and whereof c. He the said R. F. and the said G. G. and E. Ar. at his request and nomination have and every of them hath by and with the consent and direction of the said R. B. granted bargained sold aliened and confirmed and by c. unto the said W. F. and T. Y. all that great Messuage c. together with all Houses Buildings c. and the Rents Services Reversions and Remainders thereof and also all the estate right title interest challenge claim and demand whatsoever of them the said R. E. G. G. and E. Ar. and every or any of them of in and to the laid granted Tenement c. and also all Deeds Evidences Charters Writings Escripts and Minuments whatsoever which do touch or concern the said granted premises or any part thereof To have and to hold the said Messuage or Tenement Garden and Premises before hereby granted or conveyed or mentioned or intended to be hereby granted and conveyed and every part and parcel thereof with the appurtenances unto the said W. F. and T. Y. their Heirs and Assigns to the only uses intents and purposes hereafter in these presents limited expressed and declared that is to say to the use of them the said W. F. and T. Y. and of their heirs until a good and perfect common recovery shall be in due form of Law at the costs and charges of the said R. B. or his heirs had and executed of and for the said hereby granted or intended to be granted Messuage Tenement and Premises against them the said W. F. and T. Y. before the Justices of the Court of Common-Pleas at Westminister according to the usual course of common Recoveries in the same Court used for assurance of Lands and Tenements in which recovery the said I. P. and H. B. shall be demandants and recoverers and the said R. F. shall be vouched to warrant so as such recovery so to be had be had and executed before the end of the term of St. Hillary next ensuing the date hereof and from and after the full execution of the said recovery in case the same shall be had and executed before the end of the same term of St. Hillary the said recoveries intended shall stand seized or in case the said recovery intended to be had shall not be had and executed by the time aforesaid then from and after the end of the same Term of St. Hillary to the use of the said R. B. and of his Heirs and Assigns for evermore and to and for none other use intent or purpose to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the rents and services therefore due and of right accustomed and the said R. F. for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said R. B. his Heirs and Assigns by these presents that for and notwithstanding any act matter or thing had made or done to the contrary by him and the said E. F. his Father deceased or either of them except as herein after is excepted the said R. F. G. G. and E. A. or some of them are or one of them is at the ensealing and delivery hereof the true and lawful Owners or Owner of the said granted or intended to be granted premises and every part and parcel thereof and of and in the same and every part and parcel thereof lawfully and rightfully seized of a good sure sufficient and absolute Estate of Inheritance in Fee-simple in his or their own right and to the only use of them or some or one of them his or theirs by good assurance right or title in the Law indefeazible without any reversion remainder or further interest in the Common-wealth or any other person or persons whatsoever and also that notwithstanding as aforesaid except as herein after is excepted the said R. F. G. G. and E. A. or some or one of them have or hath at the time of the ensealing and delivery hereof full power good right and lawful authority to grant convey and assure the said granted or intended to be granted premises and every part and parcel thereof in manner and form aforesaid and according to the true intent and meaning thereof and further also that the said granted Messuage Tenement and Premises and every part thereof with their appurtenances now be and are and so from time to time and at all times hereafter shall or may be remain and continue to the uses intents and purposes aforesaid in manner and form aforesaid and according to the true intent and meaning of these presents clearly acquitted freed and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Intails Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed omitted or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said R. F. and the said E. F. his Father or either of them except an Estate assured to and upon E. H. widow late wife of the said E. F. by him the said E. for the term of the life of the said E. of the premises hereby conveyed or intended to be conveyed which is intended to be surrendred for the better execution of the said intended recovery and also except a Bargain and Sale lately made by the said R. F. G. G. and E. A. to the said W. F. and T. Y. of the same premises to hold from December 20. last past for the term of one whole year which Bargain and Sale was intended and made for the better execution of these presents and the said R. F. for himself his Heirs Executors and Administrators doth further covenant promise and grant to and with the said R. B. his Heirs and Assigns by these presents that he the said R. B. his Heirs and Assigns shall or lawfully may from time to time and at all times hereafter for ever according to the true intent and meaning of these presents peaceably and quietly enter into have hold and enjoy the said granted Messuage Tenement Garden and Premises and every part and parcel thereof with the appurtenances without any let interruption challenge claim disturbance eviction ejection molestation hinderance or denial of or by the said R. F. or of or by any other person or persons whatsoever having or claiming or pretending to have any lawful estate right title or interest in or to the premises or any part thereof from by or under him or his said Father deceased except the said El. F. and such as shall or may claim for by from or under and only for by from or under the
Lord Herbert and Richard Herbert or either of them whereof they the said E. Lord R. and H. or either of them are or do stand seized of any Estate or Inheritance within the Kingdome of Ireland by such name or names quantities qualities contents and numbers of acres of things in such manner and form as by the said E. L. H. and R. H. or either of them shall be reasonably devised or advised and required in and by which Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged the said E. L. H. and R. H. shall acknowledge the said Mannors Lordships Messuages Lands Tenements Hereditaments and all and singular other the premises with their and every of their appurtenances to be comprised in every such Fine to be the right of the said M. L. as those which the said M. L. and G. H. have of the gift of the said E. L. H. and R. H. the which said Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged shall be and enure and shall be deemed adjudged esteemed reputed and taken to be and enure to the use and behoof of the said M. L. L. and G. H. and their Heirs to the intent and purpose that they the said M. L. L. and H. G. may become perfect Tenants of the Free-hold of the said Mannors Messuages Lands Tenements Hereditaments and Premises with their appurtenances whereby one or more perfect common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following for which intent and purpose it is hereby further covenanted and agreed by and between the said parties to these presents that it shall and may be lawful to and for the said J. E. of B. and E. H. to bring pursue and prosecute against them the said M. L. L. and H. G. one or more Writs of every sur disseism en le post of and for the said Mannors Lordships Messuages Lands Tenements Rents Hereditaments and all and singular other the premises with their and every of their appurtenances by such name or names quantities qualities contents and numbers of acres and things in such sort manner and form as by the said E. L. H. and R. H. or their or either of their Council learned in the Law shall be reasonably devised advised and required the which said writ or writs of Entry sur disseisin en le post so as aforesaid or in any other sort to be had or brought shall be returnable in such Courts and before such Judges or Justices as the said E. L. H. and R. H. or the Survivor of them his or their Council learned in the Law shall advise or think fit before the end of Michaelmas Term next ensuing after the date of these presents and the said M. K. K. and H. G. shall thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear and after imparlance had shall make default and depart in contempt of the said Court whereby one or more perfect common recovery or recoveries shall or may he had or suffered against them the said M. L. L. and H. G. of and for the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises with their appurtenances according to the usual course of common recoveries in such cases used and accustomed for assuring of Lands and Tenements the which said common recovery or recoveries so as aforesaid or in any other manner to be had and suffered and all other common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the death of the said Lady Mary Herbert wife to the said Edward Lord Herbert had made levyed suffered acknowledged or executed or at any time hereafter to be made levied suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereunto they or any of them shall be parties of or concerning the said Mannors Messuages Lands Tenements Hereditaments or Premises or any of them or any part or parcel of them or any of them shall be and enure and shall be adjudged deemed esteemed reputed and taken to be and enure to the uses behoofs intents and purposes and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed that is to say as for and concerning all and singular the said Messuages Farms Lands Tenements and Hereditaments in Tanterne in the said County of Monmouth c. to the use and behoof of the said Richard Herbert his Heirs and Assigns for ever and as for and concerning all and every other the Mannors Messuages Lands Tenements Meadows Leasowes Pastures Feedings Commons Woods Under-woods Rents Services and Hereditaments whatsoever to them the said Ed. L. H. and R. H. or either of them with their and every of their appurtenances in the said County of Monmouth to the use and behoof of the said Richard Herbert for and during the term of his natural life without impeachment of or for any manner of waste and with full power to do or commit waste and after the decease of him the said R.H. to the use and behoof of the said E.L. H. for and during the term of his natural life and after the decease of the said E. L. H. to the use and behoof of Edward Herbert eldest Son of the said Richard Herbert and of the Heits males of his body lawfully to be begotten and for default of such Issue to the use and behoof of John Herbert second Son of the said Richard and of the Heirs males of his body lawfully to be begotten and for default of such Issue to the use and behoof of Richard Herbert third Son of the said R. H. party to these presents and of the Heirs males of the body of Richard Herbert Son of the said R.H. party to these presents lawfully to be begotten and for default of such Issue to the use and behoof of the fourth Son of the body of the said Richard Herbert party to these presents on the body of the Lady Mary Herbert his wife Daughter of the said Jo. E. of B. begotten or to be begotten and of the Heirs males of the body of such fourth Son lawfully to be begotten and for default of such Issue to the use and behoof of the fifth Son of the body of the said Richard Herbert party to these presents on the body of the said Lady Mary Herbert his wife begotten or to be begotten and of the Heirs males of the body of such fifth Son lawfully to be begotten and so the sixth seventh eighth ninth and tenth and for default of such Issue to the use and behoof of all and every other Son and Sons of the body of the said Richard Herbert party to these presents to be begotten successively one after another as they and every of them shall be in seniority of age and priority of Birth the eldest
And further and all and every such other act and acts thing and things assurance and assurances conveyance and conveyances in the Law whatsoever for the better more perfect sure and absolute conveying and assuring of all and singular the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all other the premisses with the appurtenances by the said recited Indenture mentioned or intended to be granted bargained and sold unto the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of Condition Mortgage or Redemption be it by fine or fines feoffment Recovery or Recoveries with single or double voucher or vouchers deed or deeds enrolled or not enrolled the enrollment of these presents release confirmation or by all or any of them or otherwise by any other lawful and reasonable act and devise with wartanty of him the said R. M. and his Heirs against all men or otherwise without warranty if it be so required as shall be reasonably devised or advised by the learned Council of the said R. L. and G. L. their heirs or assigns or some or one of them And it is covenanted granted concluded and agreed by and between all the said Parties to these presents That T. and W. P. by Writ of Entry For passing of a Recovery Sur disseism en le post to be by them sued forth at the costs and charges of the said R. L. and G. L. out of the High-Court of Chancery and to be returned into the Court of Common-Pleas at Westminster before the Justices there against them the said R. L. and G. L. then in possession of the said Premisses shall recover the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and other the Premisses mentioned meant or intended in or by the said recited Indenture to be bargained and sold with their rights members and appurtenances in due form of Law against the said R. L. and G. L. then being Tenants of the said Premisses with the appurtenances by some name and names in the said Writ and Recovery to be contained and upon the said Writ and proceeding thereupon the said R L. and G. L. after appearance shall vouch over to warrant the said R. M. and that the said R. M. shall thereunto appear and vouch over to warrant the Common vouchee and that each of them the said R. L. and G. L. and the said R. M. shall do and suffer all and whatsoever to them and either of them in that behalf shall belong and appertain for the suffering a good and perfect Recovery of all the said Mannors Lordships Lands Tenements and other the Premisses mentioned in the said Indenture to be thereby given granted bargained and sold unto the said R. L. and G. L. according to the course of Common Recoveries and Assurances of Lands in such Cases used and that the said Recovery shall in due form of law be executed by the Writ of Habere facias seisin accordingly And it is by these presents likewise fully concluded agreed and declared by and between all the Parties unto these presents To lead the use of the Recovery That the said Recovery and all other Recoveries whatsoever had made knowledged levied executed or suffered or to be had made knowledged executed or suffered of the Premisses or of any parcel thereof by or betwixt the said Parties or any of them and the full force and execution of the same and every of them shall be and enure and shall be had taken confirued esteemed and adjudged to be and to enure to the only uses provisoes conditions and limitations before herein mentioned according to the true intent and meaning of the said Indenture and of these presents and to no other use behoof intent or purpose whatsoever And it is further covenanted conditioned concluded and fully agreed by and between the said Parties to these presents For payment of a further sum of money for the absolute purchase of the land mortgaged and the true intent and meaning of the said Parties to these presents is and the said R. L. and G. L. do covenant c. That if the said R. M his Heirs Executors Administrators or Assigns or any of them do not pay or cause to be paid unto the said R. L. and G. L. their Executors Administrators or Assigns nor to any of them the said Sum of 800 l. c. at the day and places of payment thereof above mentioned but shall make default of payment thereof or of any part or parcel thereof according to the true meaning of the said Proviso or condition whereby or by reason whereof the premisses and every parcel thereof shall become absolute to the said R. L. and G. L. their heirs and assigns according to the true intent and plain meaning of these presents that then they the said R. L. and G. L. their Heirs Executors Administrators or Assigns or some of them shall and will pay or cause to be paid unto the said R. M. his Heirs Executors Administrators or Assigns at or c. the full sum of c. in manner and form following that is to say on the c. day of c. the sum of 120 l. and within one whole year next ensuing the day of the death of the said R. M. the Father the sum of 100 l. at the end of one other whole year then next following one other 100 l. and at the end of one other whole year also then next ensuing one other 100 l. in full satisfaction of and for the clear and absolute purchase of the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and of all and singular other the premisses in the said Indenture mentioned to be thereby given granted bargained and sold and of every part and parcel thereof with the appurtenances In witness c. Covenants for surrendring of Copy-hold Lands And the said D. S. for the consideration before in these presents expressed doth further covenant promise and grant for her self For making a Surrender her Heirs Executors and Administrators and for every of them to and with the said J. P. his Heirs and Assigns by these presents That she the said Dame S. S. or her Heirs shall and will on this side and before the Feast of c. at the charges in the Law of the said J. P. his Heirs or Assigns make and suffer or cause to be made and suffered a good and sufficient Surrender in Law to the use of the said J. P. his heirs and assigns for ever according to the custome of the Mannor of C. of one Field or Close of Pasture c. And so recite the Land verbatim for every part and parcel thereof with the appurtenances being parcels of the said Mannor of C. and which late were the Copy-hold inheritance of T. C. deceased according to the custome of the said Mannor And the said Dame S. doth covenant c. That the said
E. C. and D. his wife and the heirs and assigns of the said D. or by their or any of their Councel learned in the Law and at their or any of their costs and charges in the Law for their said part portion and purpart of the Premisses and by the said P. H. c. and by the said R.P. c. and by the said W. C. c. and by the said T. L. c. shall be reasonably advised devised and required be it by Fine Feoffment Recovery with Voucher or Vouchers Deed or Deeds inrolled the inrollment of these presents release confirmation and by all these wayes and means or by any of them or otherwise with warranty or warranties against the said W. C. his Heirs and Assigns onely or without warranty at the election and pleasure of such as shall require the same as is aforesaid And that the said W. C. his heirs and assigns shall at all times hereafter from time to time exonerate acquit discharge or otherwise save harmless as well the said E. C. and D. his wife and the heirs and assigns of the said D. The said P.H. c. the said R.P. c. the said W.C. c. and the said J.L. c. as also their said parts portions and purparts of the premisses of and from all and all manner of former bargains sales joyntures dowers uses wills statutes Merchant and of the staple recognizances judgements executions issues fines amerciaments intrusions alienations without license rents charges rents seck arrerages of rents and of and from all other charges incumbrances and demands whatsoever they be had made or done by the said W. C. the like several Covenants for all the rest one after another Mutat mutand And the said W. C. and E. his wife P. H. and D. his wife T. L. and F. his wife covenant and grant for them their Heirs Executors Administrators and Assigns by these presents to and with the said W. L. C. his heirs and assigns That if the said Mannor of W. M. shall happen at any time hereafter to be charged chargeable or extendable by reason of any Statute Recognizance or otherwise for any summe or summes of money before the said seventh day of c. last past due or payable by any act done or acknowledged by any other than the said W. L. C. That then the said E. L. C. and D. his wife c. P. H. c. R. P. and c. W. C. and c. T. L. and c. their Heirs Executors and Administrators shall equally at their indifferent charges bear and pay five parts in six parts to be divided of such summe and summes of money for which the said Mannor of W. M. shall be so charged chargeable or extendable In witness c. An Indenture to avoid the title of Survivorship where Lands are granted to two by Lease THis Indenture made c. between c. Whereas the said A. B. and C. D. in and by one Indenture of Lease made c. do stand and are joyntly interessed and possessed of and in all that the Mannor Lands c. for and during c. as by the said Indenture at large appeareth And for as much as both the said parties are willing and desirous that the Survivor or 〈◊〉 of them shall not at any time hereafter take any commodity or advantage of the Premisses or any parcel of them by way of survivor or overliver according to the course and order of the Common Laws of this Kingdom by reason of the joynt title estate and interest which they have in and to the Premisses by vertue of the Indenture of Lease aforesaid Therefore it is fully covenanted concluded condescended and agreed upon between the said parties in manner and form following viz. first the said A. B. doth c. to and with c. that if it do fortune or happen the said A. B. to survive and overlive the said C. D. for avoiding the said title of survivor in and to the Premisses That he the said A. his Executors Administrators and Assigns shall and will peaceably and quietly permit and suffer the Executors Administrators and Assigns of the said C. D. being then deceased to have occupy and enjoy to their own proper use and uses and to the proper use of any of them in common or in severalty immediately after the death of the said C. at his or their will and pleasure all that the moiety part and purpart of the said C. in and to the premisses and every of them into two equal parts to be divided during the residue and remainder of years of the term of years above mentioned which then at the death of the said C. shall be to come and unexpired without the let or disturbance of the said A. his Executors or Assigns the title of Survivor of and in the Premisses in any wise notwithstanding And also the said C. D. doth covenant c. to and with A. B. c. for avoiding of the said title of Survivor in the Premisses That if it do fortune or happen the said C. to survive and over-live the said A. B. that he the said C. D. ut supra mutat mutand And the said A. B. doth covenant c. to and with c. in manner and form following viz. That he the said A. his Executors Administrators or Assigns or one of them shall pay the moiety and one half of the said yearly Rent of c. unto the said T. B. his Heirs and Assigns in the Indenture of Lease fore-mentioned and also shall bear and discharge half of all the covenants reparations and charges therein contained which on the part of the said A.B. and C. D. are to be observed and done in the said Indenture of Lease comprised And further That the said A. B. his Executors or Assigns shall well truly and safely keep the said Indenture of Lease unsurrendred uncancelled undefaced and whole to the defence saving and preservation as well of the interest title and term of the said C. B. as also of the title interest and term of the said C. D. in and to the Premisses during the term aforesaid the like Covenant for C. D. mutat mutand An Indenture where two have a joynt Estate upon Covenant That either of them may have an equal part in the Land or money lent taking no benefit by Survivorship THis Indenture made c. between A. B. on the one part and C. D. on the other part witnesseth That whereas E. F. by a certain Indenture dated c. for the consideration therein expressed did fully and clearly bargain fell give and grant unto the said A.B. and C. D. their heirs and assigns for ever All that Mannor c. as it is recited in the Sale unto the Habendum then say with divers other covenants grants and articles therein contained amongst which there is a certain Proviso contained and by the same proviso it is provided and agreed That if the said E F.
recite the Proviso as by the same Indenture it doth and may appear And for as much as by the order of the Common Laws of this Nation if either of the said A.B. or C.D. should fortune to decease before payment of the said Summe or if default be made in payment of the said Summe of c. Then as well the said summe of c. should wholly remain to the Survivor c. and for default of payment thereof the Survivor and his Heirs should wholly possesse the said Mannor c. according to the tenure of the faid Indenture to the onely use of the said Survivor and his Heirs contrary to the true meaning of the said parties for avoiding of which inconveniences and to the intent that either of the said parties his Heirs Executors and Administrators shall be duly answered of the premisses accordingly it is therefore covenanted and agreed between the said parties to these presents and the said A.B. doth covenant and grant for him his Heirs Executors and Administrators by these presents to and with the said C. D. his Heirs Executors and Administrators in form following that is to say That if the said E. F. his Executors Administrators or Assigns do pay or cause to be paid to the said A.B. or his heirs the said Sum of 200 l. at the day and place limited for payment thereof in the said Indenture That then the said A.B. his Executors or Assigns shall not only pay or cause to be paid to the said C. D. his Heirs Executors or Assigns within one month next after the day of payment of the said Summe the summe of one hundred pound being the moiety of the said two hundred pound but also shall deliver or cause to be delivered unto the said E. F. his heirs or assigns all such evidences as he or his assigns shall have received by force of the said former Indenture and thereof shall acquit and discharge the said C. D. his Heirs Executors or Assigns And further That the same A. B. his Executors or Assigns shall not at any time hereafter do knowledge cause procure or suffer to be done any act or acts deed or thing whatsoever which shall or may in any wise debarre avoid delay or hinder the tenour strength form or effect of the same Indenture or any covenant grant or article contained in the said Indenture or of any assurance estate or conveyance to be made of the Premisses or any parcel thereof to the said A.B. and C.D. or either of them their heirs or assigns or of any Bond made or to be made for the performance of any of them without the consent and agreement of the faid C. his heirs or assigns first obtained in writing for the same And further the said A. B. covenanteth and granteth c. That if the default be made in payment of the said Sum of two hundred pound by the same E. F. his Executors and Assigns in part or in all contrary to the form aforesaid That then the said A. B. and C. D. and their heirs shall stand and be seized of and in the moiety and one half of the Premisses to the use of the said C. D. and of his Heirs and Assigns for ever and that he the same A. B. and his heirs and all other claiming by him at all times after shall do and suffer to be done all such act and acts thing and things in the Law as shall be advised devised and required by the said C. D. his heirs or assigns or the learned Council c. for the better assurance of the same c. to the said C. D. c. with warranty against A. B. and his heirs discharged of incumbrances done by him or any claiming by him c. And the said C. D. doth covenant and grant ut supra mutat mutand tunc In witness c. An Indenture of Partition THis Indenture made c. between c. Witnesseth That whereas the said R. B. and T. B. hold joyntly for term of certain years yet during the Parsonage of F. in the County of Y. and all houses stables c. Take the words of the Lease thereto in any wise belonging or appertaining of the Demise and grant of one W. C. c. yielding therefore yearly unto R. W. c. or his assigns fifty five pound of c. at two Terms of the year equally during the said Tenure as by the Indenture thereof beareth date c. more plainly may appear Now the said parties by the advice of honest Friends and with their full and whole consent and agreement have made devision and partition between them of the said Parsonage Tithes and other the Premisses in manner and form following viz. That the said R.P. shall have the one equal moiety or half part of all the said Parsonage house Glebe-lands Tithes and other the Premisses in full recompence of his due part and portion of and in the same And that the said T. B. shall likewise have the other moiety or half part of the said Parsonage and of all and singular the premisses in full recompence of his due part and portion of and in the same To have and to hold to either of the said parties their Executors and Assigns severally as is above said from the day of the date hereof unto the end of the said term of years yet to come And also it is agreed covenanted and granted between the said parties That the said yearly Rent of fifty five pound to be due to the said R. W. or his assigns and other charges shall be equally paid and born between the said R.P. and T.B. their Executors or Assigns Tenants of the said Parsonage and other the Premisses from time to time during the said term viz. either of them their part and portion allotted as is aforesaid And for the true meaning performance and keeping of all and singular the said portions covenants conditions payments agreements and articles either party bindeth himself his Heirs Executors and Administrators to the other in these presents in the Sum of 20 l. of c. In witnesse c. An Indenture where three have purchased Land joyntly that upon sale thereof all summes of money shall be equally divided between them THis Indenture made c. between T. B. of the first part and A.K. of London on the second part and E.D. of London Gent. on the third part Whereas the said parties before the date hereof joyntly together at their equal costs and charges have paid disbursed and laid out divers Sums of money for the full clear and absolute purchase of c. Recite the Land the estate whereof remaineth in the said E. and one M. D. Gent. at the day of the date hereof to be assured to such person or persons as the said c. shall name or appoint Now this Indenture witnesseth That it is fully covenanted granted condescended and agreed between the said c. and every of them covenanteth and granteth for
A.B. of C. in the County of D. Gent. send Greeting Know ye That I the said A.B. the undoubted Patron of the Parish Church of E. in the County of F. for good considerations me thereunto moving have given and granted and by these presents do give and grant unto C. F. of J. in the County of K. Gent. the first and next Advowsonâ— Nomination Donation Collation Presentation and free Disposition of the aforesaid Rectory of E. in the said County of F. with 〈◊〉 â—is rights members and appurtenances whatsoever when it 〈…〉 void either by death resignation or otherwise In witness whereof c. THE Fourth Part OF THE CLERKS GUIDE BEING An Addition of FINES and RECOVERIES with the manner how to levy or suffer them to limit the Uses thereof And how they shall operate AS ALSO Of Mortgages Judgments and the like how to extend them With Forms of every matter therein of Use By Tho. Manley of the Middle Temple London Esq LONDON Printed by John Streater H. Twyford and E. Flesher Assigns of Richard Atkyns and Edward Atkyns Esquires M.DC.LXXII Cum Gratia Privilegio Regiae Majestatis The Premonition THe former Three Parts have it's true been heretofore Printed but not in the Method they are now presented being purged from many Errors and needless Repetitions however we will not take from the Authors their deserved praise but upon this Review finding somewhat wanting this Fourth Part intends to supply that defect for there is scarce any thing therein set forth which is not the ordinary practice of a well skilled Plebeian but in this we shall give you the particulars of Deeds and Assurances of Record not only the Forms and Presidents but the nature and manner how to proceed therein which is not common but to well practised Clerks And although it may not be absolutely perfect upon the first Essay yet it may answer beyond expectation there never having been any promise of Additions PART IV. Of a Fine A Fine being of all kinds of Settlements of the greatest Force and Antiquity is sometimes called Compositio amicabilis but more usually finalis Concordia and is so termed as the Lord Coke holds Quia finem litibus imponit And so indeed it did antiently for after some contention had been about a thing by Suit the Parties agreeing who should have it a Fine was levied and so there was an end of the matter but is now of more common use because a man thereby may convey his Lands to another in Fee-simple Fee-tail for life or years and that with a Reservation of Rent also Co. Inst 2. Part 511 514. And any person that hath a Capacity to take by the Grant of a Deed and may be a good Grantee in a Deed such person may be a good Conusee in a Fine and may thereby have and take the thing granted And may be levied of all things whereof either a Praecipe quod Reddat a Praecipe quod faciat a Praecipe quod Permittat or a Praecipe quod Teneat lyeth And the order of proceeding in suing it out is thus First an Original is sued forth which may be either a Quid juris clamat Per quae Servitia De Rationabilibus divisis Writ of Right Patent or Close Warrantia Chartae De Consuetudinibus or any Writ of Right But the usual Writ at this day is a Writ of Covenant And although by the common course they use to take out a Dedimus Potestatem and to have the Conusance of a Fine before any Original sued forth yet the Original is alwayes supposed iâ— Law to precede the Dedimus and therefore doth and must bear Teste before it or it will be erronious Then there is a Praecipe drawn and the Concord and Agreement of the Parties both which are to be fairly written in Parchment After this the Conusor or Conusors of the Fine are to come in person before the Judge or Judges authorized to take the Conusance of Fines who are to take notice of the persons that there be no Infants Ideots or Madmen among them nor any Feme Covert for if there be such a Woman the Judges or Commissioners are to examine her privately and apart Whether she be free and willing to do it without any constraint of her Husband Then she with the rest of the Conusors declare publikely their consent and to subscribe their Names or Marks to the Concord And if it be by Dedimus Potestatem it must be returned and certified under the hands and seals of the Commissioners into the Common Pleas that it may there be recorded and finished Which done the Conusee must compound with the King for his License and the money paid thereupon is called the Kings Silver and of this an Entry must be made on the back of the Writ of Covenant Then it must be enrolled by the Custos Brevium and upon that Roll the Proclamations are to be indorsed And thence carried to the Chirographers who make a Note thereof commonly called The Note of the Fine And then enter it upon Record ingross it and make and deliver the Indentures thereof to the Conusee And if it be a Fine with Proclamations it must be proclaimed openly in the Common-Pleas once every fourth Term then next following And the next Term after the engrossing the contents thereof are to be recorded in a Table made for that purpose to be set up in the Court of Common-Pleas at Westminster in an open place all the Term time and so at every Assises The Fine also if the Parties please may be enrolled and exemplified Presidents of Concords And first of the Praecipe Surr. ss Praec A. B. Mil. Quod juste c. ten C. D. Conven c. de Manerio de S. cum pertin in H. J. K. et nisi c. ac de viginti Messitagits duabus Salinis sex cottagiis here mention the true particular of the Parcells according to their severall Natures and Qualities with the numbers of Acres c. And thus you must vary them according to your best Judgments The Concords themselves are either Single or Double some Presidents of single Concords follow ETâ—est Concordia talis sc quod praedict A. recognovit tenementa praedicta cum pertin esse jus ipsius B. ut illa quae idem B. habet de dono praedict A. et illa remisit et quiet clam de se et haeredibus suis praedicâ— B. et haeredibus suis in perpetuum Et praeterea idem A. concessit pro se et haeredibus suis quod ipse warrant praedict B. et haeredibus suis praedicta tenementa cum pertin contra praedict A. et haeredes suos in perpetuum Et pro hac c. Of a Reversion after the death of Tenant for life ET est Concordia talis sc quod praed R. recognovit tenementa praedict cum pertin esse jus ipsius F. et concessit pro se et haeredibus suis quod praedicta tenementa quae F. M. et
this That a Deed to lead the use of a fine may be either by an Instrument Poll or Indented and the Indented may be either single of two parts of three parts called Tripartite or four parts called Quadripartite or of more parts as the case is thus This Indenture c. between A. of the one part and B. of the second part Or Tripartite as This Indenture c. between A. of the first part B. of the second and D. of the third part Or Quadripartite between A. of the first part C. of the second part E. of the third part and G. of the fourth part and so to name all the persons except the common Vouchee that bear any part in the Deed Fine or Recovery And so in all other matters as the case is the Indentures are to be drawn up In the last place I will cite Six or Seven Cases in this Point and so go on to the next head 1. In 31 H. 8. Nota That a Fine being enrolled in London doth bind as a Fine at Common Law but not as a fine with Proclamations and there needs no Livery of Seisin upon the Deed and this is a Discontinuance without Livery for that by the custome there this bindeth as a fine and the Customes are confirmed by divers Acts of Parliament Litt. Broo. Case 155. 2. In Pasche 2 Jac. B. R. in the Case of the Countess of Rutland against the Earl of Rutland It was held upon Evidence to a Jury and to them delivered by the Court for Law That if there be an Indenture for levying of a Fine to such persons before such a time to such uses and the fine be levied to the same persons within the same time it shall be to the same uses And no Averment can be to the contrary unless it be by other matter in writing But if a fine be levied to other persons or at another time it may be well averred by Paroll to be to other uses For in the first case the Indenture is directory to the fine and in the other case it is but Evidence Cro. 2.29 3. If a Woman who is an inheritrix covenants by Indenture without the knowledg or consent of the husband to levy a Fine to certain Conusees and Uses in the Indenture mentioned and afterwards the Husband covenants by another Indenture without the knowledg and consent of his wife to levy a fine to other Conusees and Uses in that Indenture mentioned and afterwards the husband and wife joyn in a fine to the Conusees in the Indenture of the wife mentioned In this case the Limitations and Declarations of both the Uses in both the Indentures are void and the Fine shall be by construction of Law to the use of the woman and her heirs as if no use had been declared for the wife alone though she be Owner of the Land yet being sub Potestate Viri cannot limit the use on the one side And the husband who hath not any thing in his own right cannot without the good liking of the wise limit the use of the Wives Land So the one is not sui Juris and hath an Estate The other is sui Juris and hath not the Estate and therefore when they differ in the limitation of the Uses all which they do must be void 4. Tenant for life by Fine granted totum statum to A. and his heirs the Grantee dyes the heir being impleaded in a Praecipe prayed ayd and could not have it because it is but an Occupance Co. 10.95 Dyer 321. 5. In the Case of Iseham and Morris Pasch 4 Car. 1. It was Resolved among other things That where one is Lessee for years and assigns over his Lease in trust for himself and afterwards purchases the Inheritance and occupies the Land and then levies a a Fine with Proclamations and the Lessee doth not claim the Lease within the five years this Fine and Non-claim shall barre the interest of the Lessee though he who levied the Fine hath the possession by reason of the Trust But this Trust is included in the fine and the Trustee not making claim his Interest is barred thereby Cro. 1.78 6. Nota. It was agreed by all the Justices and by the Prothonotaries That if the Disseisor levy a Fine and the Disseisee in the preservation of his right against the said fine enter his Claim in the Record of the foot of the fine that the same is not any such claim as shall avoid the Stat. of 4 H. 7. See for this the Lord Zouches Case in Plowd Com. Mich. 29 Eliz. in C. B. 7. In Hill 45 Eliz. B. R. Fitz-Williams Case in Ejectione Firmâ— it was found That Fitzwilliams did suffer a Recovery to the use of himself and his wife with a Remainder to John Fitz-Williams and with a Proviso in these words Provided That it shall be lawful for him and his wife by their Joynt Deed sealed before three Credible witnesses to alter change revoke determine and make void any use or uses Estate or Estates limited in the said Deed and to limit new uses and that from thenceforth the Recovery shall be to the new uses And it was found moreover that Fitz Williams made a Deed and by it declared That it was their intent to alter change determine revoke or avoid all the former uses to J. F. and thereupon without more words limit new Uses In this Case it was doubted If the old Uses were well revoked and the new uses in being And after many Arguments it was adjudged a good Revocation of the old Uses and a good limitation of new uses Moors Rep. 683. And it seems the like Law is of the Uses of a Fine 8. A Fine was levied to A. to the use of A. for life the Remainder to E. in tail the Remainder in fee to B Provided That if B. pay 100 l. that he shall have Tail in fee expectant In this case upon the payment the use shall arise accordingly Dyer 314. 9. If there be Tenant for life the Remainder in see to an Infant and they both levy a Fine and after the fine is reversed as to the Infant yet the Conusee shall have the Land for the life of the Tenant for life because that each of them gave that which he might lawfully give Englishes Case Co. 1. Part 76. in Bredons Case I will in the last place give you the Statutes concerning Fines The first of which is 27 H. 1. Stat. 1. cap. 1. De finibus levatis Exception against a Fine that the Plaintiffs or Defendants or their Ancestors were alwayes seised of the Lands contained in the fine shall not from henceforth be admitted in the Parties to the fine or their heirs The Fines shall two dayes in the Week be publikely and solemnly read and all Pleas cease in the mean time 34 Ed. 3. cap. 18. The Plea of Non-claym of Fines from henceforth to be levied shall not be any barre Marlb 1. cap. 7. All Fines
whereupon Proclamations be not or shall not be duly made by reason of the adjournment of any term by Writ shall be as good as if any Term had been holden from the beginning to the end and Proclamations therein made according to the Statute 5 H. 4. cap. 14. All Writs of Covenant and other whereupon Fines be levied the Dedimus Potestatem and all Conusances and Notes of the same before that they be drawn out of the Common Bench by the Chirographer shall be enrolled in a Roll to be of Record for ever out of the which execution shall be had if the notes or fines shall be imbezelled 34 H. 7. cap. 24. Every Fine after the engrossing shall be proclaimed in the Court the same Term and the three next four several dayes in every Term all Pleas ceasing the whilest which Proclamations so made the fine shall conclude all Privies and Strangers except women covert persons within 21 years of age in prison out of the Realm or of nonsane memory being no parties to the fine so they or their heirs take their action or lawful entry within five years after those imperfections removed Saving to all persons and their heirs other than parties the right claim and interest which they have at the time of the fine so that they pursue it by Action or lawful Entry within five years next after the Proclamations And saving to all other persons such right title claym and interest as first shall grow remain or come to them after the Proclamations by force of any matter before the fine so they take their right according to the Law within five years after it growes c. And those that be Covert Baron c. at the time when it groweth c. that they or their heirs take their actions or lawfull entry within five years after those imperfections removed Saving also to all not parties nor privies the exception that none of the parties nor any to their use had any thing in the Lands at the time of the fine 31 H. 8. cap. 36. All Fines levied by any person of 21 years of age of Lands entailed before the same fine to himself or his Ancestors in Possession Reversion Remainder or Use shall immediately after Proclamation made be a sufficient Barre against him and his heirs clayming only by such entayle and against all other clayming onely to his use or the use of any Heir of his Body 23 Eliz. cap. 3. Every Writ of Covenant or other Writ whereupon any Fine is levied the Return thereof the Dedimus Potestatem and return thereof the Concord Note and Foot of the Fine the Proclamations and Queens silver Also every Writ of Entry in the Post or other Writ whereupon any Common Recovery is suffered the Writs or Summons ad Warrantizandum and the returns of all these Writs and every Warrant of Atturney may at any mans request be enrolled which enrollment shall be of as great force to all purposes in Law as the things themselves if they were extant No Fine Proclamation or Common Recovery shall be reversed by Writ of Error by reason of false Latine rasure interlining mis-entring the Warrant of Atturney or of any Proclamation mis-entring or non-return of the Sheriff or by reason of any other defect of Form in words and not in matter of substance 31 Eliz. cap. 2. Proclamations of Fines shall be onely four times viz. once in the Term wherein the fine is engrossed and once every of the three Terms next after Of a Recovery A Common Recovery is onely Fiâ—lio Juris being a certain form used for the better assuring of Lands or Tenements upon any man And this Recovery by assent is now by common usage a kind of conveyance upon which a use may be limited and averred And there is a great difference between a Recovery by assent and a Recovery without assent though without title Co. 1. Sir William Pelhams Case 14. In the formalities whereof three things or parties are required viz. a Demandant a Tenant and a Vouchee as efficient causes thereof and the Land demanded as the matter thereof 1. The Demandant is he that brings the Writ of Entry and may be termed properly enough the Recoveror 2. The Tenant is he against whom the Writ is brought and may be stiled the Recoverce 3. The Vouchee is he whom the Tenant voucheth or calleth to warranty for the Land in demand And it is either with a single Voucher which is where the Writ is brought against him that is to pass the Land immediately and he doth vouch over the common Vouchee And sometimes with a double Voucher which is when the writ is brought against another to whom he that is to pass the Land hath aliened it and he doth vouch him that is to make the assurance and he doth vouch over the common Vouchee and this is the surest and safest kind of Recovery And this may be also with a treble Vouchee And here observe That a Common Recovery is much of the nature of a Fine and hath much favour from the Law at this day and is in some respects better than a Fine for a fine will barre the Heir in tail but not him in Remainder or Reversion but a Recovery bars them all Co. 1.22.62 The method of suffering a Recovery and the manner and order of proceeding therein is as followeth First There must be a Writ of Entry and therein a Demandant a Tenant and a Vouchee for if either of these be wanting it is not a compleat Recovery and such persons and by such names may be Demandants Tenants and Vouchees in Recoveries as may be Cognisors and Cognisees in Fines Co. upon Litt. 372. But the persons and parties must be competent and capable and there must be a lawful Tenant to the Praecipe 2. In the Writ of Entry there must be Land contained or some other thing demanded and that such as is demandable and therefore we are to take notice That of such things and by such names as a Writ of Covenant for the levying of a fine may be had a Writ of Entry for suffering a Recovery may be had See Doctor and Student 52. Mores Rep. 953. 3. It must not contain the same thing twice as to name a Messuage and a House parcel of the same Messuage nor a Town and a Hamlet within the same Town 4. If the Writ of Entry be returnable Crastino Martini the Writ of Summons ad Warrant thereupon must bear Teste from the return of Crast Mart. and be returnable nine returns after the return of the Writ of Entry inclusivè that is accounting Crast Mart. for one of the nine returns and Tres Paschae which is the ninth return after Crast Mart. for another And the Teste of the Writ of Seisin must be the day of that ninth return and be returnable fifteen days after If a single Recovery and a Fine be against the Tenant the Writ of Entry must bear date and Teste before the Writ of
of Joane a new right or title in the tayl descendeth to the said Richard and after his death to the said Thomas his Brother the Demandant Benloes Rep. 30 31. 2. In 29 H. 8. A Recovery was had against Tenant in taile and he dyed before execution And by the better Opinion the Issue is not remitted neither shall he falsifie because of the Recovery in value upon the Voucher Dyer 35. 3. In the Case of Hunt and Gateley Pasch 23 Eliz. in C.B. the case was That he in Remainder granted a Rent out of the Land after the Tenant in tail suffered a Common Recovery and dyed without Issue And it was Resolved by all the Judges of England That Leases for years Conusance of a Statute Grant of a Rent and all other Incumbrances by him in remainder are avoided by the common Recovery that the Tenant in tail shall suffer of the Land Moores Rep. Case 298. Capell's Case 23 Eliz. Co. 1. fo 62. 4. In Trin. 12 Eliz. 290. A Recovery was suffered by Husband and Wife of Tenements in London which by the Custome of London binds as a Fine at Common Law which was to the use of the Recoverors c. untill they made a Lease for 40 years and then to the use of the husband and wife and the heirs of the wife The Lease was made and then the husband dyed In this case the Court held that the wife should be concluded and should not avoid this Lease but shall hold under the Recovery so as the Lease precedes her Estate But Quaere what remady she shall have for the Rent which was reserved before her Estate by the use was created Dyer 290. See Co. 2. Part 57. Beckwiths Case 5. Replevin for the taking of three Cowes apud Rowdham the Defendant justifies for damage Feasant as in Freehold the Pâ—aintiff traverses the Freehold and thereupon being at Issue a specia Verdict was found Where the Case appeared to be One William Brown Father to the Defendant being seised of this Land in Fee having Issue the Defendant his Son and Heir Thomas Brown his second son and Richard a third by his Will in writing devised this Land to Thomas his son and his Heirs for ever paying to his brother Richard 20 l. at his age of 21 years And if Thomas dyed without Issue living William his Brother That then William his Brother should have those Lands to him and his heirs and assigns for ever paying the said Summe as Thomas should have paid Thomas enters and suffers a common Recovery with a single voucher to the use of himself and his heirs and afterwards deviseth it to the wise of Edward Pells the Plaintiff and her heirs and dyes with out Issue living the said William Brown who entred upon Edw. Pells and took the Distress Et si c. This Case was twice argued at the Barre and afterwards at the Bench and the matter was divided into three Points 1. Whether Thomas had an Estate in Fee or in Fee tayl only 2. Admitting he had a Fee Whether this limitation of the Fee to William be good to limit a Fee upon a Fee 3. If Thomas hath a Fee and William only a possibility to have a Fee Whether this Recovery shall barr William or that it be such an Estate as cannot be extirpated by Recovery or otherwise To the third Point Dodderidge held That this Recovery should barr William for he had but a possibility to have a Fee and as it were a contingent Estate which is destroyed by this Recovery before it came in esse for otherwise it would be a mischievous kind of Perpetuity which could not by any means be destroyed And although it was Objected That a Recovery shall not barre but where a Recovery in value extends thereto as appears Co. lib. 1. Capell's Case That a Rent-charge granted by him in remainder was bound Yet he held That this Recovery destroying the immediate estate all Contingencies and dependencies thereupon are bound and a Recovery shall bind every one who cannot falsifie it And he who hath this possibility cannot falsifie it therefore he shall be bound thereby But all the other Justices were herein against him That this Recovery shall not bind for he who suffered the Recovery had a Fee and William Brown had but a Possibility if he survived Thomas and Thomas dying without issue in his life no Recovery in value shall extend in value thereto unless he had been party by way of Vouchee And then it should for by entring into the Warranty he gave all his possibility Therefore they agreed to the case which Davenport at the Barre cited to be adjudged 34 Eliz. where a Mortgagee suffers a Recovery that shall no bind the Mortgagor but if he had been party by way of Voucher it had been otherwise and here is not any Estate depending upon the Estate of Thomas Bray but a Collaterall and meer Possibility which shall not be toucht by a Recovery And if such a Recovery should be allow'd then if a man should devise that his Heir should make such a payment to his younger sons or to his Executors otherwise the Land should be unto them if the Heir by Recovery might avoid it it would be very mischievous and might frustrate all devices and there is no such mischief that it should maintain Perpetuities for it is but in a Particular case and upon a mere contingency which perchance never may happen and be avoided by joyning him in the Recovery who hath such a contingency And on the other part it would be far more and a greater mischief that all Executors devises should by such means be destroy'd And Hutton in his Argument put this Case If a man gives or devises Land to one and his heirs as long as J. S. hath Issue of his body he by Recovery shall not bind him who made this Gift without making him a party by way of Vouchee for a Recovery against Tenant in Fee-simple never shall bind a collateral interest title or possibility as a Condition or Covenant or the like Wherefore they all besides Dodderidge held that this Recovery was no barr But it was adjudged for the Defendant Pells and Brown Hill 17 Jac. B.R. Cro. 2 Part 590. 6. In Pasch 24 Eliz. C. B. A Feme Sole was seised of a Mannor to which were three Copyholds one of the Copyholders did intermarry with the woman and afterwards he and his wife did suffer a Common Recovery of the Mannor to the use of themselves for their lives and afterwards to the use of the Heirs of the wife In this case it was agreed by the whole Court That the Copyhold was extinct And said by the Court That if a Copyholder will joyn with the Lord in a Feoffment of the Mannor thereby the Copyhold is extinct and so if he accept a Lease of his Copyhold Godb 11. Mich. 29 Eliz. C.B. Godb. 101. accord 7. Husband and wife are Joynt-Tenants for life the remainder to
at the common Law falfifie 26 H. 8.2 for having but a Chattel derived out of a freehold there is no reason he should falfifie a Recovery which draweth the Fees simple out of the Lessor Also the present Estate upon which the Lease depends being destroyed the Lease must needs be extinct Of Bargaine and Sale by Deed. A Bargain and Sale is a real contract upon valuable considerations for the passing of Lands Tenements or Hereditaments by Deed indented and inrolled within six moneths after the date of it without Livery of seisin or Atturnment of Tenants so as be by Deed indented sealed and inrolled either in the County where the Land lyes or within one of the Kings Courts of Record at Westm within six moneths after the date as we said before Plowd 307. Co. 2 part Inst 672. Concerning which I will give only a few Generals 1. That if one for money grant a Rent without any word of Bargaine and Sale and the Deed be inrolled the Rent will pass without atturnment Cro. 3. part 166. 2. That Lands in London bargained and sold by Tenant in tayle and the Deed delivered after the same year he made Livery to him the Lands pass by the bargain and Sale Yelverton 123 124. 3. That as the very words Bargaine and Sale are not needful to make some Land pass by way of Bargain and Sale where there is an inrolment So inrolment is not necessary in all cases As where a reversion is granted for years only there neither inrolment not atturnment are necessary Cook 8.93 Foxes Case 4. That the makers of the Act 27 H. 8. chap. 10. did not expect that any Land after that Act should pass by way of Limitation of use save only uses upon Bargain and Sale which they did in the same Parliament allow after inrolment And they did presume that little Land would pass that way for that the Bargaine being in the Post might not vouch by force of any warranty annexed to the Estate of the Land Co. 1.120 in Chudleighs Case 5. That to make a good Estate for years by way of Bargain and Sale for Land to pass this may be without inrolment of the Deed But to make a good Estate of the Freehold or Inheritance of Land by way of Bargain and Sale it must have the Requisites of a Deed. viz. 6. It must be by Writing and not by Print or Stamp in Parchment not in Paper nor upon Lead Wood or the like Co. 5.20 2 part Inst 672. 7. That by the Common Law Land might have passed by word for the use only past but now it must be by Deed save only in some Cities Villages and ancient Burroughs where it passeth by Custome Dyer 229. 8. That if a Father in consideration of 10 l. paid to him by his Son doth covenant to stand seised to his use no use will arise without Inrollment Coo. 7.40 9. That the Inrollment upon such a Deed so as to make the Estate to pass must be in Parchment Co. 2. Part Inst 673. 10. The inrolled Deed must be indented for if it be by Deed-Poll the Estate will not pass Dyer 229. The Six moneths given for Inrollment are to be accounted 1. From the date and not from the time of the delivery of the Deed and from the date and from the day of the date is all one 2. After the account of 28 dayes to the moneth and no more 3. The day of the date to be taken exclusive Moors Rep. 40. Case 128. and yet if it be inrolled the same day it bears date it is good If it chance which is very seldome that it have no date then the day of the delivery shall be taken for the date and the six moneths to be cast from thence Mich. 37 38 Eliz. Franklin and Garter's Gase Co. 2. part Inst 674. And if the Deed be not thus inrolled it is of no force at all Co. 5.1 Dyer 218. Co. 11.48 Moors Rep. 41. Case 148. This kind of assurance by Bargain and Sale thus perfected by Inrollment will as effectually transfer the Land as any other Conveyance and therefore the Bargainee of a Reversion albeit he may not have benefit of a Condition upon demands of Rent without giving notice of the bargain and sale to the Lessee and albeit that A. the Conusee by a Fine of a Reversion before Attornment of the Tenant bargain and sell the Reversion to B and that in this case B. cannot distrain for his Rent until he can get Attornment of the Tenant yet the Bargainee shall have benefit of a Condition of an Assignee within 32. H. 8. And it seems he may vouch by force of a warranty annexed to the estate of the Land for he is in partly in the Per and partly in the Post Co. 8.94 3.62 5.113 I will Illustrate this Point only with three or four Cases and then give you Presidents Case 1. Winchcombe having Issue two Sons conveyed a Mannor unto his eldest son and to the daughter of Dunce for life for the Joynture of the wife the Remainder to the son in Fee the son having no Issue his Father in Law Dunce procured him by Deed indented to Bargain and sell to him the Mannor the Bargainor being sick who dyed before Inrollment of the Deed within the six moneths the Deed not being acknowledged and afterwards the Deed coming to be inrolled the Clerk who inrolled it procured a Warrant from the Master of the Rolls who writ upon the Deed Let the Deed be inrolled upon Affidavit made of the delivery of the Deed by one of the witnesses to the same and afterwards 〈…〉 was inrolled within the six moneths And the Opinion of the Court was That the Conveyance was a good Conveyance in Law And therefore the younger Brother exhibited his Bill in Chancery pretending the Conveyance to be made by practice without any consideration Winchcombe and Dunce Hill 13 Jac. in Canc ' Godb. Case 376. 2. Popham's Case 5 Eliz. If a man bargain and sell to one and after to another the first Deed is inrolled and after the second and that the last day of the six moneths accounting the day of the date for none yet it was held by the Court That the first Bargainee should have it sic vide from the Date which are the words of the Statute are of the same sense as from the day of the date and that twenty eight dayes make a moneth Dyer 218. Moores Rep. 40. Case 128. 3. Chibbornes Case Lands in London may be bargained and sold by words without Indenture or Inrollment Dyer 228. 4. In Trin. 41 Eliz. Fisher against Smith it was held by the Court. That a bargain and sale of Lands by Deed indented and inrolled for divers good considerations is not good to pass the Land without proof of money paid which must be averred But if the Deed say for a competent sum of money neither party may urge there was none paid albeit it be uncertain Moor. Rep.
the Execution and justifie it Cro. 1.440 2. After half the Land of a man is taken in Execution upon one Judgment then if there come another Judgment against the same person a moyety of the moyety only left and not of the whole is to be extended Cro. 1.482 483. 3. The Sheriff upon a Fieri facias may not deliver the Defendants Goods to the Plaintiff in satisfaction of his debt Cro. 1. part 504. 4. If the Sheriff open or break any House to do Execution at the Suit of a common person the Execution is good but the party whose House is broken may have an Action of Trespass against him for the breaking of the House Co. 5.93 Co. 4.91 Semaines Case Co. 11.82 5. If the Sheriff have a Fieri facias or a Ca. sa against a man and before Execution executed he pay him the money in this case the Sheriff cannot do execution after if he do an Action of Trespass or False Imprisonment lyeth against per Justice Jones and Justice Berkley B.R. Pasch 12 Car. 6. If Execution be by Fi. Fa. and the Sheriff seise Goods and before the sale the Record is removed by Error and a Supersedeas awarded and a seizure returned in this case a Venditioni Exponas may be awarded upon the return of the Fieri facias which is filed Cro. 1.597 598. 7. If Execution be for the Plaintiff if the Defendant be taken by Capias Utlagatum and if Judgment be affirmed in Error a Capias or other Execution lyes without Scire facias although in another Court Cro. 1.706 851. 8. The ancient Sheriff being out of his Office cannot sell the Goods he took upon a Fieri facias Yelverton 44. How Execution is to be done in the Cinque-Ports see Bendloes 15. Observe here further That if the Defendant dye his body being in Execution the Plaintiff may have a new Execution against the Lands or Goods of the Defendant as he pleaseth but the Plaintiff while he hath the body of the Defendant in Execution can have no other Execution against his Lands or Goods Co. 5.65 66.86 87. A new Execution may be sued against any man who by Priviledg of Parliament shall be set at liberty Stat. 5 Jac. cap. 13. If the Sheriff hath a man in his custody by process of Law and after this a Writ of Capias ad Satisfaciendum is delivered to him in this case in Judgment of Law he shall be in Execution presently upon that Writ though he never make any actual arrest thereupon Co. 5.89 I will now cite some few Cases to illustrate this Point 1. If two be in Execution for one debt and one of them dye under Execution this will not discharge the other But death under Execution in case where there is but one Defendant is in satisfaction Cro. 1.851 F.N.B. 146. Cro. 2.136 143. But this by the Common Law For now by the Stat. of 21 Jac. cap. 24. If a man be in Execution for a debt and dye in Execution for it the debt unpaid the Plaintiff shall now have as much remedy against his Lands and Goods as if he had never been or dyed in Execution Co. 5.86 Cro. 2.136 142. 33 H. 6.47 3 H. 6.7 N.B. 246. 2. If the Defendant pay the money by this he shall be discharged of the Execution So a Release of all Executions will barr in this case although it be in the Kings case But a Release of all Suits will not discharge from Execution in the case of the King or Subject Co. 8.153 But a Release of the Judgment and of all debts and duties will discharge the Body out of Execution Co. 1. part Inst 291. But if he make any Depheasance Release or other such like act to the Defendant being in Execution amounting to a discharge of the Execution this will not be in it self ipso facto a discharge of the Execution but this will make way for his discharge by Audita Querela or some other means And therefore in case where the Plaintiff consented that the Defendant his Prisoner in the Kings Bench should come to him out of Prison to the Horse-shooe Tavern which was out of the Rules without a Keeper or any Order of the Court thinking to have some agreement with him and he doth come to him and was taken again upon the same Execution and put into the Kings-Bench he was relieved and discharged by Audita Querela And a discharge by word in this case is good enough For if I say to the Sheriff and bid him discharge such a one he hath in Execution at my Suit or suffer him to go at large this is a good discharge both to the Sheriff and to the party Popham 206 207. Trin. 24 Car. B.R. Walker and Alder. 3. If A. and B. Joynt-Tenants for life the Remainder in Fee and Judgment is given against A. in debt and afterwards before Execution he release to his Companion this shall not avoid the Execution upon the Land But if A. had dyed before Execution the Survivor would have held the Land discharged Co. 6.79 Abergavenyes Case 4. If a Judgment be against one Obligor in the Common-Pleas and another Judgment in the Kings-Bench against the other Obligor and a Capias ad Satisfaciendum in the Kings-Bench against that Defendant and then the Body and Lands of the other is taken in the Common-Pleas and he is delivered by Audita Querela as he may be although the Land taken in Execution be evicted yet his body shall never be re-taken in Execution Hob. Rep. 2. 5. If a Sheriff Gaoler or other Officer that hath a man in Execution at my Suit for debt or damages do after suffer him wilfully or negligently to escape and do not re-take him before I commence my Action against him In this case I may in an Action of Debt or Action of the Case which I will recover against him by whose means this is done but not against his Executors or Administrators so much as I am damnified thereby Plowd 45. Co. 3.52 Dyer 278. Cro. 3.767 F.N.B. 93. 6. If the Sheriff take one in Execution at my Suit be the process by which he is taken erronious or not if the Sheriff suffer him to escape he shall be charged with this escape Cro. 3.188 576. Cro. 2.1 7. If the Chief Justice of the Court by which the Prisoner is committed the Sheriff and the Plaintiff in the Suit all of them agree together to let a prisoner in Execution out for a time this will be no escape especially there where the Prisoner doth return at his time Dyer 275. 8. If the King or any great Man out of the ordinary way of Law shall command or require the Sheriff or other Officer that hath the keeping of such a prisoner to set him at liberty altogether or foâ— time and he doth so although he return to prison again yet this will be an escape in the Sheriff to make him liable to action Dyer 278 279. 9. If a
and Jury upon this Writ is called an Extent And if the Sheriff or Apprisors upon the Extendi facias over-value the Lands or Goods in favour to the debtor the Conusee hath no remedy but by motion in that Court where the Writ is returnable at the Return day or at least the same Term to desire that the Apprisors may take the Lands or Goods at the rate they have valued them in the same manner as the Corusee is to have them And a Sale made of Goods in this case by the Sheriff is as strong as if it were in Market-overt And when the Conusee is in possession of Lands by such an Extent as before then is he Tenant by Statute And after the Conusee is once setled in peace in the Lands extended he shall hold them till he be satisfied his debt and his reasonable costs and damages for travel suit delay and expence See for this Dyer 299. Co. 5.87 F.N.B. 130. Co. on Litt. 290. Co. 2. Part Inst 395 396. The proceedings upon the other kinds of Recognisances are after another manner For upon Recognizances at the Common Law if the money be not paid at the day the Conusee his Executor or Administrator is to bring a Scire facias against the Conusor or if he be dead against his heir when he is of full age or if the Lands the Conusor had at the time of entring into the Recognisance be sold against the Purchasors of them which the Conusor had at any time after the Recognisance entred into to warn them to come into the Court whence the Scire facias issued to shew cause why Execution should not be made upon the said Recognisance and if the party or parties cannot be sound to be warned or being warned do not appear at the time or appearing do not shew cause why the debt should not be levied In this case the Conusee shall have Execution of his moiety by Elegit or if the Conusor be living of all his Goods by Levari or Fieri facias at his Election but he may not have Execution of his Body unless he bring an Action of Debt upon the Recognisance as in this case he may do or it be by the course of the Court as it is in the Kings Bench on a Bayl wherein a Capias doth lye Dyer 315 360 366. The proceedings against the Sureties upon Statutes are to be in the same manner as the proceeding against the Principal And yet where the Principal hath moveables to satisfie the debt the Surety as it seems is not to be charged I will Illustrate this matter in the next place with some few Cases And first 1. Tenant by Elegit upon Judgments and Recognisances is to hold the Land until he be answered his debt without his costs and Mises c. But Tenant by Statute Merchant Statute-Staple or by Recognisance in nature of a Statute-Staple is to hold the Land c. untill he be paid his debt together with his Mises and Costs Co. 2. part Inst 678. 2. In case where Extenders upon Elegit or other Writ of Execution or upon a Recognisance in Court do extend the Land too high they shall not be forced to take it at the rate as the Extenders of Land for Execution upon a Statute-Merchant Staple or Recognisance in nature of a Statute-Staple shall be Bendloes Rep. 15. Co. on Litt. 290. Yelverton 55. 3. If one seised of White-acre Black-acre and Green-acre enter into a Statute or Judgment against him and then he enfeoffeth A. of White-acre and B. of Black-acre and keep Green-acre to himself in this case the Conusee or Plaintiff may have his Execution upon the moiety of Green-acre and not meddle with the other two Acres if he please but he may not in such case extend a moiety only in the hands of both the purchasors but he must extend a moiety in the hands of both the purchasors and of all the rest of the Land subject to the Execution for if he leave out any 〈◊〉 it the party grieved thereby will have his remedy and avoid the Execution by Audita Querela for where the Books say each purchaser shall have contribution in that case it is intended that such extent shall be avoided of that part and all the Land shall be extended and equally charged And so it is in this case where Green-acre shall descend to an heir there the Conusee may extend onely the moiety of this Acre in the hand of the heir and not meddle with the two Acres in the hands of the purchasors if he please But where there be two or more Conusors in a Statute c. there the Lands of them all and not of one of them are to be extended Co. 2. part Inst 396. 4. If two persons recover against one in debt severally and he that hath the first Judgment sues an Elegit and hath the moyety of the Land in Execution and then the other sues an Elegit In this case he that last sueth shall have but a moyety of the moyety that is left Cro. 3.482 5. If the Conusee on a Statute or Recognisance in nature of a Statute receive his whole debt by the Land yet may not the Counsor enter but where upon an Elegit he is satisfied there the Conusor may enter on his Land Co. 2. Part. Inst 600. In the last place I will give you the Statutes concerning this matter Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled a Writ of Execution shall be within the year so as the parties shall not need to plead c. Stat. de Acton Burnell 11 E. 1. A Debt acknowledged to a Merchant before the Mayor of London York or Bristol or before a Mayor or Clerk appointed by the King thereunto shall be enrolled And if the Debtor fail of his payment at the day the Debtee or his Executors may call for Execution and upon notice thereof to the Mayor and Clerk they shall cause his Chattels and Moveables to be sold as far as the debt doth amount by Apprisement of honest men and the money without delay shall be paid to the Creditor and in case they cannot sell them they shall cause so much of the moveables to be delivered to him as amounts to the debt and the Kings Seale shall be put to the sale and deliverance and if the Debtor have no moveables within the Mayors Jurisdiction then shall the Mayor send the Recognisance unto the Chancellor under the Kings Seal and the Chancellor shall thereupon direct a Writ to the Sheriff in whose Bayliffwick the Moveables of the Debtor be who shall proceed therein as the Mayor might have done if the Moveables had been in his power If the Apprizors set too high a value on the things that are to be sold they shall be compellable to take them at the same prices and shall
Defendant avowing for damage Feasant the Plaintiff justifieth by reason of Common of Pasture Stat. Marlb cap. 21. The Sheriff may replevin Beasts not onely without but within a Liberty also if the Bayliff of the Liberty will not Stat. Westm 2. cap. 2. The Sheriff or Bayliff shall take Pledges of the Plaintiff not onely de prosequendo before they make deliverance of the Beasts but of returning the Beasts if a return be adjudged he that taketh pledge otherwise shall answer the price of the Beasts Upon a Return awarded to the Defendant the Writ de Returno habendo shall have this Clause That the Sheriff shall not deliver them without Writ wherein mention shall be made of the Judgement And thereupon the Plaintiff if he will may have a judicial Writ to the Sheriff to deliver him the Beasts Upon a Return awarded after which if a Return another time be awarded there shall be no more Replevins And if upon his default a second time or otherwise the Defendant be adjudged to have a New Return the Distress shall remain irreplegiable Stat. 1 2 Phil. Ma. cap. 12. Every Sheriff of a Shire being no City shall at his first County day or within two moneths after the receit of his Patent proclaim in the Shire Town four Deputies at the least dwelling not past Twelve miles one from another which in his name shall make Replevins as the Sheriff might do himself This is all thought fit at the present to be Added to make this Book Compleat wherein you not onely find the Choycest Presidents in their kinds but the Nature and Use of them according to the Common Law or as bounded by Statutes And withall given a short Touch upon Distresses and Replevins with the Statutes relating thereto FINIS The Table A INdenture of Annuity 1 118 159 450 571 Assignment of a Lease in trust 10 138 176 Atturney Letter of Atturney 33 144 147.199 200 Another 34 146 148 149 201 203 204 319 341 Award the form thereof 34 172 584 587 Assignment of two several Obligations 52 Assignment of two Apprentices c. 53 Assignment of a Lease of Partition c. 57 Assignment of a wharf-stocke c. with a general Release c. 61 Assignment of a Lease c. with an Execution 62 67 134 491 Assignment with a Proviso 96 Assignment of Lands taken upon extent 98 Apprentiship Indenture thereof 119 Assignment of a moyety of a house goods c. 136 Assignment of an Annuity 140 175 Apprentice discharge of him 144 Arbitrement condition of a bond thereof 153 160 Apprentice covenant for his truth 153 Annuity released 330. Atturney Letters of Atturney several kindes thereof 342 343 344 345 346 347 369 386 Assignment letter of Atturney of several bonds 381 Answer in Chancery beginning end thereof 425 Title of a Second answer c. 427 Affidavit that a Defendant cannot answer without sight of writings 429 Administrators account the form thereof 430 Answer in Chancery to a bill there-exhibit 431 Articles of agreement form thereof 439 454 561 Acquittance for purchase money 501 Attornment of tenants indorsing thereof ibid. Assignments of several Leases with good Covenants 536 Articles for buildings 557 Articles to Surrender Copyhold lands c. 565 Assignment of a bond for collaterall Security 570 Articles to hold Coyhold lands from year to years c. 574 Allotment of several parcels of Land an Indenture to that purpose 632 Atturney Letter of atturney Irrevocable with covenant c. 650 Another of another kind 651 Of a mans Estate in generall 652 Of severall Sums of money 653 Assignment of certain debts 654 B BIll of Sale 17 170 Bond assignment thereof 41 Bargayne and Sale of a Mannor with necessary Covenants 102 120 Bargayn and Sale of a house in London 130 Bill of Debt 163 489 654 Bill obligatory 164 Bargaine and Sale of houshold-stuffe and others 170 171 Bargaine and Sale of trees 208 Bargaine and Sale absolute of a house Land 214 607 609 Brewers Clarke a condition for him 225 Bargaine and Sale of woods 320 618 619 Burgess to serve in Parl. Indenture 357 Bills in Chancery Several formes thereof 420 433 Bill of Revivor 424 Bargaine and Sale deed to revoke it 442 Bargaine and Sale for collaterall Security 483 Bargaine and Sale upon Surrender of a Lease 511 Bargaine and Sale in trust 523 A plain Bargaine and Sale to be enrolled 556 Bargaine and Sale from the mortgages and mortgager to another before time of redemption 593 Bargaine and Sale conditionall to Feoffees in trust 599 Bargaine Sale of Swan and Swan-mark 617 C Condition to pay a Summe of Money at two payments c. 32 179 Condition to make Free an Apprentice 33 Condition to pay Money in 14 dayes c. 56 160 Condition to yay Money to Children at their several Ages according to a Will c. 59 60 Condition to pay Rent quarterly c. 87 158 188 192 332 549 Covenant to deliver possession or a deed 95 185 300 Contract of matrimony revoked 97 Charter-party for a ships voyage 100 395 Conveyance in Fee of a house and land c. 125 Copyhold Covenant to Surrender it 151 156 199 332 Covenant for further assurance 151 154 158 Covenant that he is lawfully seized c. 152 Covenant not to cut down or Sell trees c. 152 Condition of a Bond of Arbitrement 153 160 Condition to find one dyet by the year 155 Condition to save a tenant harmless for payment of rent the title being in controversy 155 547 Condition to discharge Churchwardens of a child c. 156 Condition for quiet enjoyment c. 157 187 188 327 Condition to Save harmless c. 161 183 190 193 196 197 198 Condition to pay money upon a nonsuit 162 Condition to perform Covenants 162 180 298 Condition to deliver Hay or Oats at a day 179 Condition to stand to an Award c. 180 Condition not to demise or alien without consent 181 Condition to justifie actions c. 182 Condition to pay money yearly c. 183 185 Condition to seal an Indenture by a day 184 Condition to assign a Lease c. by a day 186 302 Condition not to do any act to prejudice the estate of the Obligee in a Lease c. 187 Condition from a husband to secure childrens estates 189 Condition for an hired Servants truth 191 Condition to pay money at the end of an Apprentiship 194 Condition to repay money upon dislike c. 195 Condition to build a house or Farm ibid. 299 Conveyance of Land upon marriage 218 Condition that Land is free from incumbrances 224 Condition for a Brewers Clerk 225 Covenant to seal a new Lease and the Lessee in the interim to enjoy 236 Covenant to pay the Sheriff for an Arrest 238 Covenants between Partners at the dissolution of their Partnership 238 Conveyance from tenant in tayle to Baron and Feme and the heirs of the Baron for ever