the end or determination of the said Estate or Interest before limitted to the said C. B. then to the use of c. If the use be lymitted of part of the Lands before limited to A. B. then say thus To the use of the said A. B. for Term of his natural Life and from and after his decease as to such and such Lands setting forth the certainty of them being parcel of the premisses before limited to the said A. B. for Term of his Life to the use and behoof of the said C. B. one of the younger Sons of the said A. B. for the Term of 60. Years to commence immediately from and after the decease of the said A. B. if he the said C. B. shall and do so long live and from and after the end and determination of the said Estate or Interest before limited to the said C. B. then to the use of c. And as for touching and concerning the remainder of the premisses before limited to the said A. B. for Term of his Life being c. set down the particulers of it to the use and behoof of D. B. one other of the Sons of the said A. B. for the Term of 21. Term of Years Years to commence immediately from and after the decease of the said A. B. and from and after the end and determination of the said Estate or Interest limited to the said D. B. To the use of c. 6. And from and after the decease of the said Limitations of uses in Talc to 1. 2. 3. 4. c. Sons A. B. and E. his Wife then to the use and behoof of the Heirs of the Body of the said A. B. lawfully begotten on the Body of the said E. B. Or thus And as touching and concerning the immediate remainder of the said Capital Messuage Lands c. before particularly limited or mentioned or meant to be limited to the use of the said E. B. for her Joynture as aforesaid im-immediately from and after the decease of the said A. B. and E. B. and of the longer liver of them and the immediate Remainder of the said Lands c. whereof no use is before limited to the said E. B. from and after the decease of the said A. B. to the only use and behoâ—f of the first Sonne of the Body of the said A. B. on the Body of the said E. B. lawfully begotten or to be begotten and of the Heirs Males of the Body of such first Son lawfully to be begotten And for default of such Issue then to the use and behoof of the second Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten or to be begotten and of the Heirs Males of the Body of such second Son lawfully begotten And for default of such Issue to the use and behoof of the second Son of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten and of the Heirs Males of the Body of the said third Sonne lawfully to be begotten And for default of such Issue to the use and behoof of the fourth Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten or to be begotten and of the Heirs Males of the Body of such fourth Son lawfully begotten And for default of such Issue then to the use and behoof of the fifth Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten or to be begotten and of the Heirs Males of the Body of such a fifth Son lawfully begotten c. even to the ninth or tenth Sons And for default of such Issue to the use and behoof of all and every other Son and Sons of the said A. B. on the Body of the said E. B. lawfully to be begotten and of the Heirs Males of the Body of every such Son and Sons the elder Son and the Heirs Males of his Body being always preferred before the younger Son and the Heirs Males of his Body according to the Seniority and Priority of Birth and Age And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 7 To the use and behoof of the said A. B. for Another to Sons already born and during the term of his natural Life and from and after the decease of the said A. B. to the use and behoof of the said E. B. for and during the term of her natural Life for her Joynture c. vide before Sect. 20. And from and after the decease of the said A. B. and E. B and of the longer liver of them to the use and behoof of C. B. the eldest Son and Heir apparent of the said A. B. and of the Heirs Males of the Body of the said C. B. lawfully begotten and to be begotten And for default of such Issue to the use and behoof of D. B. second Son of the said A. B. and of the Heirs Males of the Body of the said D. B. lawfully begotten or to be begotten And for default of such Issue to the use and behoof of E. B. third Son of the said A. B. and of the Heirs Males of the Body of the said E. B. lawfully begotten or to be begotten And for default of such Issue to the use and behoof of the †In case there be no more Sons born time of the limitation fourth Son of the said A. B. on the Body of the said E. B. his Wife lawfully to be begotten and of the Heirs Males of the Body of such fourth Son lawfully to be begotten And for default of such Issue to the use and behoof of the fifth Son of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten and of the Heirs Males of the Body of such fifth Son lawfully to be begotten And for default of such Issue then to the use and behoof of all and every other Son and Sons of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten successively one after the other and in order as they shall succeed and be in seigniority of age and priority of birth and of the Heirs Males of the several and respective Bodies of all and every such other Son and Sons lawfully to be begotten And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. lawfully begotten or to be begotten And for default of such Issue to the only use and behoof of the right Heirs of the said A. B. for ever Limitation to the Father for life after to the Son and his Wife remainder to 1 2 3. c. Sons of him in Tail remainder to the Fathers other Sons
in tail c 8. To the use and behoof of the said A. B. for and during the term of his natural Life without impeachment of wast and with full power to commit wast And from and after the decease of the said A. B. to the use and behoof of C. B. Son and Heir apparent of the said A. B. and his Assigns for and during the Term of his natural Life and from and after the decease of the said C. B. to the use and behoof of E. B Wife of the said C. B. and her Assigns for and during the Term of her natural Life in recompence and satisfaction of her dower c. vide sect 2. and immediately from and after the deaths of the said C. B. and F. B. and of the Survivor of them to the only use and behoof of the first †This form is to be used in case they have no Sons at the time of the limitation if they have then they are to be named c. as before To Sons for life remainder in Tail Son of the Body of the said C. B. on the Body of the said E. B. lawfully to be begotten and of the Heirs Males of the Body of such first Son lawfully to be begotten And for default of such Issue to the use and behoof of the second Son of the Body of the said C. B. on the Body of the said E. B. lawfully to be begotten and of the Heirs Males of the Body of such second Son lawfully to be begotten c. and so to 3. 4. 5. 6. 7. 8. 9. and 10. Sons And for default of such Issue to the use of all and every other Son and Sons of the Body of the said C. B. on the Body of the said ◠B. lawfully to be begotten successively one after the other as they shall be Born and shall be in Seigniority of Age and the Heirs Males of their several Bodies lawfully to be begotten And for default of such Issue to the use and behoof of F. B. second Son of the said A. B. for and during the Term of his natural Life without impeachment of or for any manner of wast And from and after his decease to the use of the first Son of the Body of the said F. B. lawfully to be begotten and of the Heirs Males of the Body of such first Son lawfully to be begotten And for default of such Issue to the use and behoof of the second Son of the said ◠B. lawfully to be begotten and of the Heirs Males of the Body of such second Son lawfully to be begotten And for default of such Issue to the use and behoof of the third Son of the Body of the said F. B. lawfully to be begotten and of the Heirs Males of the Body of such third Son lawfully to be begotten And so to 4. 5. 6. 7. c. And for default of such Issue to the use and behoof of all and every other Son and Sons of the said F. B. lawfully to be begotten successively as they shall be in Priority of Birth and Seigniority of Age and of the Heirs Males of their several Bodies lawfully to be begotten And for default of such Issue to the use and behoof of G. B. and his Assigns third Son of the said A. B. for and during the Term of his natural Life without impeachment of or for any manner of wast and from and after the decease of the said G. B. to the use and behoof of the first Son of the Body of the said G. B. lawfully to be begotten and of the Heirs Males of the Body of such first Son lawfully to be begotten And for default of such Issue to the use and behoof of the second Son of the Body of the said G. B. lawfully to be begotten and of the Heirs Males of the Body of such second Son lawfully to be begotten And for default of such Issue to the use and behoof of the third Son of the Body of the said G. B. lawfully to be begotten and of the Heirs Males of the Body of such third Son lawfully to be begotten And so to the 4. 5. 6. 7 c. Sons And for default of such Issue to the use and behoof of all and every other Son and Sons of the said G. B. successively as they shall be in Priority of Birth and Seniority of Age and of the Heirs Males of their several Bodies lawfully to be begotten And for default of such Issue to the use and behoof of H. B. fourth Son of the said A. B. for and during the natural Life of the said H. B. without impeachment of or for any manner of wast and from and after the decease of the said H. B. to the use and behoof of the first Son of the Body of the said H. B. Lawfully to be begotten and of the Heirs Males of the Body of such first Son lawfully to be begotten And for default of such Issue to the use and behoof of the second Son of the Body of the said H. B. lawfully to be begotten and of the Heirs Males of the Body of such second Son lawfully to be begotten And for default of such Issue to the use and behoof of the third Son of the Body of the said H. B. lawfully to be begotten and of the Heirs Males of the Body of such third Son lawfully to be begotten And so to 4. 5. 6. 7 c. Sons And for default of such Issue to the use and behoof of all and every other Son and Sons of the said H. B. successively as they shall be in Priority of Birth and Seniority of Age and of the Heirs Males of their several Bodies †In case A. B. hath no more Sons born at the time of the limitation lawfully to be begotten And for default of such Issue to the use and behoof of the fifth Son of the Body of the said A. B. lawfully to be begotten on the Body of M. B. now Wife of the said A. B. and of the Heirs Males of the Body of the said fifth Son lawfully to be begotten And for default of such Issue to the use and behoof of the sixth Son of the Body of the said A. B. on the Body of the said M. B. lawfully to be begotten and of the Heirs Males of the Body of the said sixth Son lawfully to be begotten And for default of such Issue to the use and behoof of all and every the Son and Sons of the Body of the said A. B. on the Body of the said M. B. lawfully to be begotten successively as they shall be in Priority of Birth and Seigniority of Age and of the Heirs Males of their several Bodies lawfully to be begotten And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. lawfully to be begotten And for default of such Issue to the use and Behoof of the right Heirs of the said A. E. for ever 9.
Provided Alwayes and it is fully concluded Proviso to preserve Estates to Children en ventre samere c. vide Sect. 15. condescended unto granted and agreed by and between all the said Parties to these presents for them and every of them and for their and every of their Heirs and the true intent and meaning of these presents is notwithstanding any limitation of the use and uses aforesaid That if it shall hereafter happen the said A. B. or the said C. B. F. B. G. B. and H. B. Sons of the said A. B. or any of them or any of the Issue Male of the several Bodies of them or any of them inheritable or which shall be inheritable of or to the Premisses before mentioned by Force of these presents and of the uses before limited and expressed or of or to any part or parcel thereof to die and depart this World The Wife or Wives of them or any of them being with Child or concerned with Child at or before the Time of his or their Death of or with any such Son or Sons or Issue Male as by the true intent and meaning of these presents or of any the limitations or declarations of the use or uses aforesaid should or ought after the decease of his or their Father to have had any Estate or use of or in the Premisses or any Part thereof if such Son or Sons or Issue Male had been born in the Life-Time of his or their Father that then and from and after the Birth of every such Son or Sons or Issue Male the said several Fines and Recoveries c. Covenanted or mentioned to be had levied knowledged or suffered of the said Premisses as aforesaid shall be and shall be adjudged construed and taken to be and also that they the said C. D. E. F. here name the Recoverors Cognizees or Feoffees and their Heirs and the Survivor of them and his Heirs shall stand continue and be seized of all and singular the Mannors Messuages Lands Tenements Rents Reversions and Hereditaments and every part and parcel thereof or of or in so much of the said Mannors Messuages c. Whereof or wherein every or any such Son or Sons or Issue Male so to be born should or ought by the true intent and meaning of the Limitations or Declarations of the use and uses aforesaid or any of 〈◊〉 after the Death of his or their Father to have had any Estate or use in the same If such Son or Sons or Issue Male had been born in the Life-time of his or their said Father to and for the use of every such Son and Sons or Issue Male so to be born as is aforesaid and that of and under every such Estate Degree Order Course Quality Condition and Limitation in all and every respects and to an intents and purposes as if every such Son or Sons or Issue Male had been born in the Life-time or Lives of his or their said Father and with such Remainders and Limitations over in use as is before in or by these presents expressed 15. To the use and behoof of the said A. B. Other Limitations in Taile to the brothers of the Feoffor c. and of the Hoirs Males of his Body lawfully begotten and to be begotten and for default of such Issue then to the use and behoof of C. B. Brother of the said A. B. and of the Heirs Males of his Body lawfully begotten and to be begotten and for default of such Issue then to the use and behoof of D. B. one other of the Brothers of the said A. B. lawfully begotten and to be begotten And for default of such Issue to the use and behoof of A. B. one other of the Brothers of the said A. B. and of the Heirs Males of the Body of the said F. B. lawfully begotten and to be begotten And for default of such Issue then to the use and behoof of the right Heirs of the said A. B. for ever 11. To the use and behoof of the faid A. B. the Feoffor c. for and during the Term of his natural Life and from and after his decease to the use and behoof of the said C. B. Son and Heir apparent of the said A. B. for and during the Term of his natural Life without impeachment of or for any manner of wast and with full power to commit wast and from and after the decease of the said C. B. and of the said A. B. to the use and behoof of E. B. eldest Son of the said C. B. and of the Heirs Males of his Body lawfully begotten and to be begotten and for default of such Issue to the use and behoof of the third Son of the Body of the said C. B. on the Body of I. B. his now Wife begotten or to be begotten and of the Heirs Males of the Body such third Son lawfully to be begotten c. So to the 4. 5. 6. 7. c. Sons and for default of such Issue to the use and behoof of all and every other Son and Sons of the Body of the said C. B. on the Body of the said I. B. to be begotten successively as they shall be in priority of Birth and seigniority of Age and of the Heirs Males of their several and respective Bodies lawfully to be begotten and for default of such Issue to the use and behoof of F. B. second Son of the said A. B. and of the Heirs Males of the Body of the said F. B. lawfully to be begotten c. so to other the Sons of A. B. And for default of such Issue to the use and behoof of the Heirs Males of the Body of G. B. deceased late Father of the said A. B. lawfully begotten and for default of such Issue to the use and behoof of the Heirs Males of the Body of M. B. deceased Grand-father of the said A. B. and for default of such Issue to the use and behoof of the right Heirs of the said C. B. for ever 12. And it is covenanted condiscended and Use en Fee determinable agreed by and between the said Parties to these presents that the said Recoverie so to be had and executed as aforesaid and the execution thereof shall be and that all other Recovery and Recoveries Fine and Fines to be had suffered levied or executed of the Premisses or any part and parcel thereof within one Year after the making and executing of the said Estate of the Premisses to the said C. D. and E. F. and their Heirs as aforesaid shall be and that the said C. D. and E. F. and their Heirs and all and every other Person or Persons and his or their Heirs which at any time hereafter shall be seized of the said Messuages or Tenements and other the Premisses with the Appurtenances and of every or any part thereof by vertue of any Recovery or Recoveries Fine or Fines as aforesaid shall stand and be seized of all and
singular the Premisses with the Appurtenances to the only uses and intents hereafter mentioned and expressed that is to say to the use of the said Until an intended Marriage had A. B. and his Heirs until the said intended Mariage shall be had and solemnized between him and the said F. S. And from and after the Marriage had and solemnized between him and the said E. S. then to the use of the said A. and E. for and during the Term of their natural Lives and the natural Life of the longer Liver of them and after their decease to the use of the Heirs of the Bodies of the said A. and E. between them two Special Tail lawfully begotten and for lack of such Issue to the use of the right Heirs of the said A. B. for ever 13. To the use and behoof of the said C. D. Another and E. F. the Cognizees or Recoverors and of their Heirs until the solemnization of the said Marriage intended between the said A. B. and E. S. And from and after the said Marriage had and solemnized to the use and behoof of the said C. D. and E. F. and of their Heirs for and during the natural Life of the said E. S. and from and after her decease to the use and behoof of the said A. B. for and during the Term of his natural The Estate Tail vested in the Wife Life and after the decease of the said E. S. and A. B. to the use and behoof of the Heirs of the Body of the said E. S. by the said A. B. begotten and to be begotten And for default of such Issue to the use and behoof of the said A. B. and of the Heirs of his Body lawfully begotten and for want of such Issue to the use and behoof of the right Heirs of the said F. B. the father of A. B. for ever 14. Provided nevertheless and it is the true Use limited until the Heir in Tail come to age I suppose it was to prevent Wardship intent and meaning of all the Parties to these presents that if the said A. B. shall happen to die living the said E. S. leaving any Issue Male of his Body begotten on the Body of the said E. S. being his Son and Heir apparent within the Age of 23 Years That then and immediately in every such case after the death of the said A. B. the said Fine and Fines c. shall be adjudged deemed and taken to be and the said Cognizees and their Heirs shall stand and be seized of the said Messuages or Tenements and Premises to the use and behoof of the said E. S. until every such Issue as aforesaid shall accomplish his full Age of 21 Years if the said E. S. shall and do so loâ—g Live and from and after the decease of the said E. S. to the use of such Person or Persons as the said A. B. shall by his last Will and Testament or other Writing under his Hand and Seal limit and appoint the same for and during the said Minority And after the said full Age accomplished then to the use and behoof of the said Issue Male and of the Heirs Males of his Body lawfully to be begotten c. with Remainders over 15. To the use and behoof of the said A. B. Another form of limitation during the Heirs minority with direction for disposal of the profits until then for and during the Term of his natural Life without impeachment of or for any manner of wast and from and after the decease of the said A. B. and during the time that the said C. B. Son and now Heir apparent of the said A. B. or any other being Heir of the said A. B. shall be under the Age of 21 Years and until some Heir of the said A. B. shall accomplish the Age of 21 Years to the use of the said C. D. and E. F. the Cognizees or Feoffors and the Survivor of them and of the Heirs of the Survivor of them to the intent and purpose that the said C. D. and E. F. and the Survivor of them and the Heirs of the Survivor of them shall take perceive leavy possess and enjoy the Rents Issues Profits Revenues Commodities and Emoluments of all and singular the said Messuages Lands Tenements and other the Premisses with the Appurtenances and the same to imploy during such minority or minorities as aforesaid for and towards the performance payment and satisfaction of all the Payment of Legacies Bequests and Legacies to be mentioned in the last Will and Testament of the said A. B. according to the tenâ—r purport and true meaning of the said A. B. in and by his said last Will and Testament to be declared and to the end intent and purpose that the said C. D. and E. F. and the Survivor of them and the Heirs of the Survivor of them shall likewise with the said Rents Profits Revenues Commodities Issues and Emoluments Coming growing and arising of and out of all and singular the said Messuages or Tenements Lands and Premisses bestow and disburse from time to time the competent and necessary charges in the Law and otherwise for the Defending of the Title defence and maintainance of the Title and possession of all and singular the Premisses and of every or any part thereof and for the reparation and preservation of the Edifices and Buildings in Reparation of the Buildings and upon all and every the Premisses or any part thereof necessary meet and fit to be disbursed and expended until some Heir of the said A. B. shall have accomplished the Age of 21 Years And for the surplusage that shall remain of the said Rents Issues Profits Revenues and Commodities over and above the said Legacies and Bequests to be devised as aforesaid and over and above the said disbursements and expences that the same shall and may remain and come to The Surplusage to remain to the Heir the use profit and benefit of the said C. B. or other Heir of the said A. B. that shall accomplish the full Age of 21 Years and after the said C. B. or other Heir of the said A. B. shall have accomplished the said Age of 21 Years That then the said C. D. and E. F. and their Heirs shall stand and be seized of and in all and singuler the said Messuage c. to the use of the said C. B. or such other heir of the said A. B. as shall so accomplish the said age and of the heirs males of the body of the said C. B. or such other heir and for want of such Issue to the use and behoof of the right heirs of the said A. B. for ever 15. Make an Indenture tripartite between Away to presâ—rve contingent uses in case the particular Estate determine before they come in Esse A. B. of the first Part C. D. and E. F. of the second Part and G. H. and I. K. of the third
or touching the rebuilding of the City of London and of and from all such Actions Suits Charges troubles and damages which he the said A. B. his Executors Administrators or Assigns may happen to incur or be put unto or sustain for or by reason thereof 28. In consideration of which said Work Payment for the Building Materials and Buildings to be done and performed in manner and form aforesaid the said A. B. for himself his Executors Administrators and Assigns doth Covenant and promise to pay and satisfie unto the said C. D. and E. F. their Executors Administrators and Assigns after the rate and price of sixty four pound the square for every square of the said Building the said money after the rate aforesaid to be paid as followeth that is to say When the Floor over the said Cellar is laid fifty pound thereof when the next Floors up one pair of Stairs are laid fifty pound more thereof when the next Floors over that up two pair of Stairs are laid fifty pound more thereof c. as to the rest and when all the said Work and Building shall be wholly done and finished in all things according to the true meaning of these presents all the remaining money that shall be due for the same at the rate of sixty four pound the square as aforesaid In witness FINIS A Table of the several Chapters and Sections contained in this Book CHAP. 1. Observations touching Conveyances in general Sect. 1 2 3 4 5 6 7 8 9. Chap. 2. The forms of setting forth the Grounds and Considerations of a Conveyance or Settlement c. Money in part paid and in part secured Sect. 1. Barring an Estate Tayl Sect. 2. Natural life Preferment of Children Sect. 3 4. Settlement on collateral Heirs Sect. 5. A Marriage to be had and settlement of a Joynture Sect. 6 7. Performance of an Agreement Sect. 8. Payment of Debts Sect. 9. Chap. 3. Containing several Covenants To levy a Fine by Husband and Wife Sect. 1 2. By several Persons severally interessed Sect. 3. In the County of Lancaster Sect. 4. Of Chester and Lancaster Sect. 5. In ancient Demesn Court Sect. 6. With a Render for years Sect. 7. With Render of a Rent Sect. 8. A Fine sur concessit Sect. 9. To sue forth a Recovery with double Voucher Tenant of the Precipe being made by Fine Sect. 10. By Bargain and Sale Sect. 12 13 14. A Recovery of Lands in several Counties Sect. 15. A Recovery in London Sect. 20. In ancient Demesn Court Sect. 21. A Recovery with single Voucher Sect. 16 17. By a Man and his Wife Sect. 18. By Tenant for life and be in Reversion Sect. 19. To make Assurance of Lands Sect. 23. That Tenants shall Attorn Sect. 24. To produce Writings in defence of the Title Sect. 25. To pay back Purchase-money upon Eviction Sect. 26. To pay back the Purchase-money paid in case the Purchaser dislike c. and if he like then to pay more Sect. 27. Not to claim Dower with a Release of Dower Sect. 28. The form of Covenants joyntly and severally Sect. 29. By Baron and Feme Sect. 30. Chap. 4. Provisoes to make void Estates Vpon Non-payment of Purchase-money Sect. 1. Vpon discharge of a Surety Sect. 2 3. To make void a Rent-Charge upon payment of money Sect. 4. To abate part of an Annuity upon money paid Sect. 5. Chap. 5. The forms of introducing Vses upon Fines Recoveries and other Conveyances Vpon a Fine to be levied Sect. 1 2 3. Vpon a Fine already levied Sect. 4. Vpon a Recovery to be had Sect. 5 6 12. Vpon a Recovery already had Sect. 7 8 10 11 12 13 14. A Release of Errors in the Recovery Sect. 9. Vpon a Fine and Recovery to be had the Fine being of one thing the Recovery of another Sect. 15 16. The like upon Fine and Recovery already had Sect. 17. Vpon a Fine Recovery and other Conveyances to be had Sect. 18. Vpon a Feoffment past and executed Sect. 20 24. Vpon a Covenant to stand seised Sect. 21. Vpon a Bargain and Sale and Grant of the Reversion Sect. 22. Chap. 6. The several forms of indorsing Livery and Attornment Sect. 1 2 3 4 5 6 7. Form of Attornment by Deed Sect. 8. Chap. 7. The several forms of limitation of Vses For Life For Lives of Husband and Wife and longer liver Sect. 1. To Husband for life after to Wife for life for a Joynture Sect. 2. With Proviso to make the limitation to her void upon her claim of other Lands Sect. 3. Vpon parting with her Estate Sect. 4. For years Vse for years determinable upon life Sect. 5. Vse for years to pay Daughters Portions Sect. 15. In Tayl to 1 2 3 c. Sons in remainder after an Estate for life remainder to all other Sons in Tayl according to seigniority c. Sect. 6. Another to Sons already born by name in Tayl with like remainder Sect. 7. To the Father for life remainder to Son for life remainder to Sons Wife for life in satisfaction of Dower the remainder to their 1 2 3 c. Sons in Tayl remainder to the several Sons of the Grandfather in Tayl remainder to the Heirs of the Body of the Grandfather remainder to Grandfathers right Heirs with a Proviso to preserve Estates in Tayl to Children en ventre sa mere Sect. 8 9. To the use of A. B. and Heirs Males of his Body remainder to C. B. his Brother and Heirs Males of his Body with like remainders to his other Brothers remainder to the right Heirs of A. B. Sect. 10. Other limitations in Tayl with remainder to the Heirs Males of the Body of Feoffors Father remainder to the Heirs Males of the Body of Feoffors Grandfather remainder to the right Heirs of the Feoffor Sect. 11. An Vse to the Heirs of the Body of the Wife by the Husband begotten with remainder over to the Husband Sect. 13. In Fee determinable upon a Marriage had Sect. 12. An Vse limited to one until the Heir in Tail come to full age in case the Father die while he is within age and after to the Heir Sect. 13. Another with direction for disposing the Profits in the mean time Sect. 14. The form of a limitation to preserve contingent Vses in case the particular Estate determine before they come in Esse Sect. 15. Contingent Vses Sect. 16. Chap. 8. Power given to cestuy que Use for life to make Joyntures Leases c. To make Joyntures to future Wives Sect. 1 2 3 4 5 6. To settle Lands in certain upon a future Wife for life reserving a Rent Sect. 7. The like of a third part without Reservation Sect. 8. Provision made for future Wives by way of limitation of Vse Sect. 9. To make Leases for lives or years determinable upon lives or for 21 years with or without reservation of Rent Sect. 10. To make Leases for such Terms and under such Rent as Lessor pleaseth Sect.
suam quando c. Et totum c. Et quicquid c. Et maxime de Advocatione predicta ut de feodo jure c. Et pon se in magnam Assisam domini Regis nunc Et petit Recognitionem inde fieri utrum ipse majus Jus habeat tenendi Advocationem predictam sibi hered suis ut tenens inde per war suam an predictus G. habend Advocationem predictam ut illam superius pet c. ss Et predictus G. petit licentiam inde interloquendi habet c. Et postea idem G. reven hic in Cur. isto eodem Termino in propria persona sua Et predictus E. licet solempniter exact non reven set in contempt Cur. recessit defalt fac Ideo cons est quod predictus G. recuperet seisinam suam versus prefat C. de Advocatione predict tenend eidem G. hered suis quiet de predicto C. hered suis acetiam de predicto E. hered suis imperpetuum Et quod predictus C. habeat de terra predict E. ad valentiam c. Et idem E. in misericordia Et super hoc predictus G. pet breve Misericordia domini Regis Vic. Com. predict dirigend de habere faciend ei plenariam seisinam de Advocatione predict ei conceditur retornabile hic indilate c. Postea scilicet vicesimo secundo die Junii islo codem Termino ven hic in Cur. predictus G. in propria persona sua Et Vic. videlicet T. G. Ar. modo mand quod ipse virtule brevis illius sibi directi 18. die Junii ult preterit habere fec prefat G. plenar seisinam de Advocatione predict prout per breve illud sibi preceptum fuit c. ss Trin. 22. Car. 2. rot 137. Devon ss Similis Recuperatio super brevi de Recto de Advocatione Nota. de Medietate Advocationis portionis de Pitt in Ecclesia de Tiverton ss If the Vrit of Entry be retornable so late in Recovery indorsed upon the Label the Term that the Writ of Seisin cannot come in retornable the same Term but that it must be retornable the next Term Then observe after the retorn of the Writ of Seisin in the Exemplification to break off and conclude with Quae omnia singula c. And indorse upon the Label Ad quem diem hic ven predictus petens in propria persona sua Et Vic. videlicet A. B. Miles modo mand quod ipse virtute brevis illius sibi direct primo die Junii ult preterit habere secit prefat petenti plenariam seisinam de tenementis predictis cum pertin prout per breve illud sibi preceptum fuit c. But in the Roll there is not any such distinction A Writ of Summons and Retorn CArolus Secundus Dei gratia Anglie Scotie Francie Hibernie Rex fidei defensor c. Vic. Eborum salutem Sum. per bonos Summonitores Willielm Cotterel Johannem Cotterel Vouchees quod sint coram Justic nostris apud Westm à die S. Trinitatis in quindecim dies ad War Willielmo Payler Richardâ— Payler les Tenants Manerium de A. c. recitando omnes parcellas nominatas in brevi de Ingressu que Willielmus Satherwaite Willielmus Burrowes les Demandants in Curia nostra coram Justic nostris apud Westm clam ut jus suum versus prefatos Williel Payler Rich. Payler per breve nostrum de Ingressu super disseisinam in le Post Et unde iidem Willielmus Richardus in eadem Curia nostra voc predictos Williel Cotterel Johannem sum in Coâ—a tuo ad War versus eos les Demandants Et habeas ibi sum hoc Breve Teste c. Retorn inde Sum. Johannes Den Johan Ramsden Miles Vic. Richard Fen Note That the Writ of Summons must bear the Teste of the Return of the Writ of Entry A Writ of Seizen CArolus Secundus c. Vic. H. salutem Scias quod J. P. in Cur. nostra coram Justic nostris apud Westm recuperavit seisinam suam versus A. B. de uno Mesuagio c. per breve nostrum de Ingressu super disseisinam in le Post Ideo tibi precipimus quod prefat J plenariam seisinam de tenementis predictis cum pertin sine dilatione habere fac Et qualiter hoc preceptum nostrum fuer is execut constare fac Justic nostris apud Westm indilatâ— vel in Crastino Trin. Et habeas ibi hoc breve Teste c. Retorn inde Virtute isi ius brevis mihi directi 16 die Maii Anno infrascripto habere feci infra nominato J. plenar seisinam de tenementis infra spâ—c cum pertin prâ—ut interius mihi precipitur R. F. Ar. Vic. The Form of a Surrender or Lease to make a Tenant to the Precipe THis Indenture made c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth that whereas the said A. B. doth hold for the term of his life One Mesuage c. in D. in the County of E. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his Heirs or to the Heirs of his body lawfully begotten for ever Now the said A. B. for the perfecting of some Assurance shortly to be made of the same Mesuage c. by way of Common Recovery hath granted and surrendred and by these presents doth grant and surrender unto the said C. D. and his Heirs upon the Condition herein after-mentioned All that the said Mesuage c. And all the Estate Right Title and Interest of him the said A. B. therein To have and to hold to him the said C. D. and his Heirs upon Condition That if the said C. D. do not pay or cause to be paid unto the said A. B. the sum of One Thousand pounds of lawful mony of England upon the first day of c. next ensuing the Date hereof That then and from thenceforth this present Grant and Surrender shall be utterly void and of none effect and that then also it shall and may be lawful to and for the said A. B. into the said Mesuage c. to re-enter and the same to have again re-possess and enjoy as in his former Estate and Right any thing in these presents contained to the contrary in any wise notwithstanding In Witness c. The Form of Drawing a Recovery at the Bar by the Sergeants at Law ONe of the Sergeants retained for this purpose must speak to the Chief Iustice upon the Bench and say demaundes and shew the Tenant After leave given by the Court the Sergeant counts by the Prothonotaries Remembrance according as the Writ is there entred in this manner by the first Sergeant viz. Ceo vous monstre Jean at Oakes que Jean at 1 Sergeant Style a tort luy desorce de l'Mannor de Sale ovesque les appurtenances
the Indenture and it was judged that notwithstanding this absolute Feoffment and to an express use yet it being made upon no new agreement it shall be guided by the Covenant so that the bargainees Estate continues conditional Crook lib. 1. fol. 300. pag. 14. Clever vers Giles Acts done for further assurance upon covenants precedent conteined in the original agreement shall have such construction as may fortify and not destroy the first agreement As if â— man bargain and sell Lands rendring rent with condition of reentrie c. and covenants to make further assurances and after he levies a Fine or makes a Feoffment none of these are construed to extinguish the rent or condition but to fortify only the Estate of the purchaser according to the first agreement Moores Reports fol. 385. 7. It seems a conveyance of record shall be â—nv eyanâ—e of record and enpays how taken taken strictly and not by intendment as a conveyance in pais shall Therefore a Mannor in reputation which is not a Mannor in truth will not pass by the name of a Mannor in a Fine or common Recovery otherwise in a conveyance Crook part 1. 524. p. 53. yet a remainder may pass in a Fine by the name of a Reversion ibid. 594. p. 37. 8. Where an Indenture of bargain and sale is Several conveyances how the Party shall be in made and after a Fine is levied of the same land to the bargainee and after the deed is inrolled the bargainee is in by the Fine and not by the inrollment and where a Reversion is bargained and sold by Indenture and before inrolment a Fine is levyed by the Bargainor to the Bargainee and after the deed is inrolled yet the Bargainee must have an Attornment because he is in by the Fine and not by the Bargain and sale Crook part 1. 917. p. 8. 9. Where it is possible for a grant to take effect Grant to take effect as by possibility it may according to the Letter there the Law makes such a construction as by possibility it may take effect as if Lands are given to two men and the Heirs of their two Bodies the Law makes them joynt-tenants for life and gives them several Inheritances in Tail Cook upon Litt. 183. b. Stamford justice Three grounds for construction of deeds arguendo taketh three grounds for the construction of deeds First that it shall be taken most beneficially for the Party that taketh by them Secondly that the deed shall not be void where the words may be taken to any intent Thirdly that the words shall be construed according to the mind of the parties and not otherwise Plowden Antient deeds how construed fol. 160. Throgmortons case Antient deeds shall be construed as they were antiently taken although the Law be since altered vide Crook part 1. 633. p. 29. 10. Some words are large and have a general extent Exposition des parolâ— and some have a proper and particular application the former sort may contain the latter as dedi or concessi may amount to a Grant a Feoffment a Gift a Lease a Release a Confirmation or Surrender c. and it is in the Election of the Party to use them to which of these purposes he willâ— but a Release Confirmation or Surrender c. cannot amount to a Grant c. nor a Surrender â— a Confirmation or to a Release c. because they are proper and peculiar manner of conveyances and are destined to a special end Cook sur Litt. 301. b. CHAP. II. The several formes of setting forth the grounds or considerations of a Conveyance or sâ—ttlement of an Estate 1. Witnesseth that the said A. B. as well for Money iâ— parâ— paâ—d and in parâ— secured and in consideration of the summe of 500 l. of lawful moneyes of England to him in hand paid before the ensealing and delivery hereof by the said C. D. the receipt whereof lie the said A. B. doth hereby acknowledg and thereof and of every part and parcel thereof doth acquit and discharge the said C. D. his Heirs Executors and Administrators by these presents As also for and in consideration of the summ of 500 l. more of like moneyes by the said C. D. secured to be paid unto the said A. B. his Executors and Administrators in manner and form following viz. on the 20 day of January now next ensuing the summ of 300 l. thereof and on the first day of March then following the summ of 200 l. the residue of the said summ of 500 l. 2 Whereas the said A. B. at the ensealing and The barring oâ— an Estate â—â—il and enabling him to make a settlement or assurance delivery of these presents is and standeth seiled of an Estate â—ail to him and the Heirs Males of his Body with divers remainders over of and in the Mannors Messuages Lands and Tenements hereafter in these presents mentioned Now witnesseth this present Indenture that for and in consideration of the barring of the said Estate tail and all the Remainders thereupon dâ—pending and for the setling of an absolute Estate in Fee-simple of inheritance in the said A. B. whereby he may be enabled to make a good and perfect assurance to such Person or Persons and their Heirs as have agreed or hereafter shall agree with him the said A. B. to purchase the said Mannors c. A. B. covenants to suffer a Recovery Or thus That for the setling of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and forme as hereafter are in these presents limited and expressed and for the enabling of the said A. B. to make and grant Leases and Estates of and in the sold Mannors Lands and Premises in such manner and sort and according to the power and authority to him hereafter in and by these Presents reserved and for other good causes and considerations c. 3. Witnesseth that the said A. B. in consideration Natural love c. preferment of children of the natural love and affection which he beareth unto C. B. his Son and Heir apparent and for his advancement and present maintenance and to the end that the Daughters of the said A. B. may have convenient Portions to maintain and prefer them in Marriage and for the establishing of the Mannors Lands Tenements and Hereditaments hereafter mentioned to such uses intents and purposes as are hereafter limited and appointed and for other good causes and considerations c. Or Settlement in the stock and blood c. thus In consideration of the great love and natural affection which he the said A. B. beareth unto C. B. the natural sonne and heir apparent of the said A. B. and to the heires males of the body of the said C. B. and to the end intent and purpose that the Mannors Lands Tenements and Hereditaments hereafter mentioned shall and may continue in the stock blood and
be utterly void and of none effect 16. To the use and behoof of the said Other contingent uses A. B. for and during the Term of his natural life and from and after the decease of the said A. B. to the use and behoof of E. B. now wife of the said A. B. for and during the Term of her natural life And from and after the decease of the said A. B. and E. his wife Then to the use and behoof of such of the Children between them the said A. B. and E. his wife to be begotten and for such Estates as the said E. by her last Will and Testament or by any other Writing To such persons as the Wife by her Will shall appoint to be seald and subscribed by the said E. B. in her life time in the presence of two or more credible Persons shall limit nominate and appoint And if no such limitation nomination or appointment shall be made by the said E. B. in her life time then to the use of the Heirs of the Bodies of the said A. B. and E. ◠between them lawfully to be begotten And for want of such Issue to the use of the right Heirs of the said A. B. for ever To the use and behoof of such Person and Persons and for such Estate To such as the Husband appoints by Will and Estates and for such part and parcel of the Premisses as the said A. B. shall by his last Will and Testament in Writing in the presence of two or more credible Persons appoint limit or declare and for default or want of such Declaration Limitation or Appointment or for such Part of the Premisses whereof no such Declaration Limitation or Appointment shall be to the use and behoof of c. CHAP. VIII Power given to Cestuy que use for life to make Joyntures Leases c. 1. PRovided always and it is concluded To settle a Joynture upon future Wife or Wives and agreed by and between the said Parties to these presents for them and their Heirs That if the said A. B. being a person to whom an Estate was limited for life with remainders over shall fortune to over-live the said E. B. his now wife and do after intend to marry again That then and from thenceforth it shall and may be lawful to and for the said A. B. at all times during his natural life to assign limit or appoint such and so much of the said Mannor of C. with Thappurtenances and of the said Lands Tenements Rents Reversions Services and Premisses in C. aforesaid as he the said A. B. shall think fit so that the same exceed not the clea◠yearly value of One hundred pounds by the year over and above all Charges and Reprises to and for the use of any Woman who shall fortune to be his lawful Wife at the 〈◊〉 of his decease for and during the Term of the natural life of such wife for and in the name of her Ioynture And that from and after such use limitation or appointment so to be made to or for any such Wife All and every the said Assurances and Conveyances of the Premisses in C. aforesaid so to be had made and executed as is aforesaid concerning such and so much thereof only whereof any such appointment or limitation by virtue of this Proviso shall be so had or made shall be and inure and the said C. D. and E. F. who are Cognizees or Feoffee◠c. and their Heirs and the Survivors and Survivor of them and his and their Heirs shall stand and be seized thereof to the use of such wife for and during the term of her natural life according to the true intent and meaning of such limitation or appointment any thing in these presents contained to the contrary thereof in any wise notwithstanding And after such use or Estate ended or determined then to the use of every such person and persons and in such manner and form and with such Remainders Over-uses and Limitations and under all and every such Conditions and Provisoes as the same should have been if no such limitation or appointment by virtue of this Proviso had been made limited or appointed Or thus And after the end or determination of Estate to the use of such Person and Persons to whom the same ought to remain by the true intent and meaning of these presents 2. To the use of the said A. B. being the Another Feoffor for and during the term of his natural life and from and after his decease to the use and behoof of the said C. B. son and heir apparent of the said A. B. for and during the term of his natural life with remainders over in Tail Provided alwaies and it is hereby declared and agreed by and between all and every the Parties to these presents and the true intent and meaning of them and of these presents is That for the better advancement and preferment in Marriage of the said C. B. it shall and may be lawful to and for the said C. B. at any time or times during the term of his natural life by Indenture or by any Deed or Deeds Writing or Writings to be by him the said C. B. sealed and subscribed in the presence of two or more credible witnesses to declare limit and appoint all or any the said Mannors Messuages Lands Tenements Rents Hereditaments and Premisses with their appurtenances to or for the Ioynture of any Wife or Wives with whom the said C. B. shall hereafter intermarry for the life or lives of such Wife or Wives or for any number or term of years determinable upon her or their life or lives the same to take effect from and after the death of the said C. B. And that then and so often and from thenceforth the said Recovery or Recoveries shall be and inure and the Recoveror and Recoverors therein named his and their Heirs of and in the said Mannors Messuages Lands Tenements and Hereditaments or of or in so much or such part thereof of for or concerning which such Indenture Deed or Deeds Writing or Writings shall be made by the said C. B. as aforesaid for the Ioynture of such wife or wives shall stand and be seized to the use of such wife or wives for and during the life or lives of such wife or wives according to the true intent and meaning of the same Indenture Deed or Deeds and Writing or Writings and according to the intent and true meaning of these presents And after the end or determination of such Estate to the use c. vide Sect. j. of this Chapter 3. Provided alwaies and it is Covenanted Another to settle by Deed or last Will for a Joynture and agreed by and between the said Parties to these presents that it shall and may be lawful to and for the said A. B. the Father at any time or times hereafter during his life by his last Will and Testament in
writing or otherwise by his Deed in his life time lawfully executed to assure appoint limit and convey to any lawful wife or wives which the said A. B. shall hereafter fortune to marry for term of the life onely of such wife or wives or to any other person or persons to the use of any such wife or wives for term of the life only of such wife or wives for or in the name of a Ioynture or Ioyntures a full third part of less or so much as shall amount unto a full third part or less of all that his said Mannor of c. And that then and from thenceforth the said Fine or Fines shall be and inure and the said Cognizâ—es therein to be named their and every of their Heirs of and in such part and proportion of the said Mannor for or concerning which such assurance shall be made for the Ioynture of such wife or wives according to the intent and true meaning of these presents shall stand to be seized to the use of such wife or wives for and during the life or lives of such wife or wives according to the intent and true meaning of such assurance be the same by Deed executed in the life time of the said A. B. or by his last Will and Testament as aforesaid c. vide Sect. j. of this Chapter 4. The uses being supposed to be limited Another whereby power is given to the Father to settle Land upon future Wives and to Son to settle a Rent for a Joynture to the Father for life and after to the Son for life with Remainders over in Tail Then add Provided alwaies and it is fully concluded and agreed by and between all every the said Parties to these presents for themselves their Heirs and Assigns respectively by these presents and also the true intent and meaning of these presents and of the said Parties hereunto and of the said Fine Recovery and other the Covenanted or intended Conveyances and assurances is and so for ever shall be adjudged and taken to be And also the said C. D. E. F. c. and the Survivors and Survivor of them his and their Heirs and all and every other person or persons his and their Heirs which now are or stand seized or hereafter shall stand and be seized of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses and of and in every or any part thereof by force of these presents and of the said Fine Recovery and intended Conveyances and Assurances before mentioned and every or any of them and their and every of their Heirs shall stand and be seized thereof and of every part thereof with Thappurtenances to and for such use intent and purpose notwithstanding any of the former use or uses in or by these presents before limitted daclared or appointed As well that it shall and may be lawful to and for the said A. B. at any time or times during the term of his natural life The power given to the Father by any his Deed or Deeds in writing or by his last Will and Testament in writing to grant convey assure bequeâ—th limit or appoint such and so much of the said Hereditaments and Premisses not exceeding in the whole one third part thereof as to himself shall seem meet or convenient unto or for the use of any lawful wife or wives of the said A. B. whom he shall hereafter fortune tâ— marry for and during the term of the natural life or lives of such wife or wives for or in the name of her or their Ioynture or in satisfaction of her or their Dower of and in the said Hereditaments and Premisses 5. And also that it shall and may be lawful Power to the Son to settle an Annual Rent on his Wives to anâ— for the said C. B. from and after the decease of the said A. B. at any time or times thenceforth during his natural life by any his Deed or Deeds in writing or by his last Will and Testament in writing respectively to grant convey assure bequeath limit or appoint one Annual or yearly Rent of One hundred and fifty pounds of good and lawful Mony of England with or without clause of Distress to be issuing and going out all or any the said Hereditaments and Premisses or out of any part or parcel thereof as tâ— himself shall seem meet and convenient unto oâ— for the use of M. his now wife or to or for the use of any other wife or wives of the said C. B. whom he shall hereafter fortune to marry for and during the term of the natural life or lives of the said M. or of such other wife or wives for or towards her or their Ioynture or Ioyntures and in satisfaction of her or their Dower or Dowers such of the said Premisses as shall be hereafter conveyed assured or limited to or for the use or uses of any wife or wives of the said A. B. pursuant to the true intent and meaning of these presents for and during the life or lives of such wife or wives onely excepted and foreprized 6. Provided always and it is the true intent Another to settle a Rent for a Joynture and meaning of these presents and of all and every the Parties hereunto That it shall and may be lawful to and for the said A. B. by any Writing or Writings sealed with his Seal and subscribed by him and duly executed in the presence of three Witnesses at the least to give grant limit or appoint to or to the use of every or any Woman that is 〈…〉 r shall be hereafter his lawful Wife one Annual or yearly Rent not exceeding the yearly sum of One hundred pound to be issuing and growing out of the said Mannors c. or any part of them or either of them so to be conveyed and assured as aforesaid To have and to hold the said Annual or yearly Rent to any or every such Woman for Term of her natural life for and in the name of her Ioynture the same to be paid at the Feasts of c. yearly by even and equal portions and the first Payment thereof to begin at such of the said Feasts as shall next happen after the decease of the said A. B. And that then and from thenceforth the said Fine or Fines shall be and enure and the said C. D. and E. F. and their heirs shall stand and be seised of and in the said Mannors c. so to be charged as aforesaid to the use intent and purpose Distress aforesaid and that every such Wife or Wives to whom or to whose use any such Grant or Limitation shall be made and her Assigns shall and may from time to time for non-payment of the said Rent enter into and upon the said Lands and Tenements so to be charged for the same Rent and Arrearages thereof as in case of a Rent-Charge and the Distress and Distresses so had and
taken to lead drive bear carry away detain and keep until she or they shall be of the said Rent and Arrears thereof if any shall be fully satisfied contented and paid 7. Provided always and it is likewise further Another to settle Lands in certain with reservation of a Rent to be paid by the Wife Covenanted granted and fully agreed by and between the said Parties to these present Indentures for them and their heirs by these presents That it shall and may be lawful to and for the said A. B. by any Writing Indented by him seal'd and duly executed to assign limit and appoint the said capital Messuage or Mansâ—on House of B. aforesaid and the Lands thereunto belonging with the Appurtenances to the use of the said E. B. his now Wife for Term of her natural life reserving and appointing by the said Indented Writing the yearly Rent of Ten pounds of lawful moneys of England to be paid for the same from and after the death of the said A. B. yearly during the life of the said E. B. at Two usual Feasts or Terms of the year by equal portions at the said Capital Messuage of B. aforesaid to the said C. B. the Son of A. B. and the heirs males of the body of the said C. B. lawfully begotten or to be begotten and after to such person and persons as by the limitation herein before set forth shall have the said House and Lands the first Payment thereof to begin at such of the said Feasts as shall first happen after the decease of the said A. B. And that from and after such limitation or appointment so had or made the said Assurances and Conveyances shall be and the said C. D. E. F. c. and their heirs and the survivors and survivor of them and his and their heirs shall stand and be thereof seised to the only use and behoof of the said E. B. and her Assigns according to such limitation as shall be so had or appointed so that the said E. B. and her Assigns do pay or cause to be paid yearly during Use limited after the particular Estate ended her life the said sum of Ten pounds in manner and form before mentioned expressed and appointed and from and after the death of the said E. B or of the determination of her Estate or use therein by any ways then to the use of the said C. B. and of the heirs males of his body lawfully begotten or to be begotten and after to the use of such Person and Persons and in such â—anner and form and with all such Remainders Over-Vses and Limitations and under all and every such Conditions and Provisoes as the same should have been if no such Assignment Appointment or Limitation by force of this Proviso had been thereof made or appointed 8. Provided always That it shall and may Another more brief be lawful to and for the said A. B. from time to time during his natural life by his sufficient Deed or Deeds in writing or by his last Will and Testament in writing to give grant devise lease limit dispose or appoint to and for the use and benefit of any Wife or Wives whom the said A. B. shall happen to marry for the Term of her natural life for a Ioynture such and so much of the said Mannors Lands Tenements and Hereditaments as to him shall seem meet not exceeding one third part in value of the whole and that in every such case the said C. D. and E. F. and the survivor of them his and their Heirs and Assigns shall stand and be seised of such of the said Mannors Lands Tenâ—ments and Hereditaments as shall be so given granted devised leased limited or appointed to the use of such Wife or Wives for and during the natural life of such Wife and Wives and for and during such Estate and Estates as shall be so given granted devised leased limited or appointed in manner and form aforesaid and under such Covenants Conditions and Provisoes as in such Writing or last Will shall be contained and expressed and after the end or determination of such Estate or Estates to the use of such Person or Person to whom the same ought to be and remain by the true intent and meaning of these presents 9. As to for and concerning the said Mannor Another Proviso for future Wives by way of limitation of Use or Farm of B. to the use of the said C. B. for and during the Term of his natural life without impeachment of or for any manner of waste and from and after his decease to the use and behoof of the said E. B. his Wife for and during her natural life for her Ioynture c. and from and after the decease of the said C. B. and E. B. for and concerning the said Mannor or Farm or so much of the same as the said C. B. shall at any Time or Times during his life by one or more Writing or Writings under his Hand and Seal seal'd and executed in the presence of three credible Witnesses limit and declare for a Ioynture for such other Wife as he shall have at the time of his decease to the use of such Wife for and during her natural life for her Ioynture And for and concerning the residue of the said Mannor or Farm not so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife And for and concerning so much of the said Mannor or Farm as shall be so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife and from and after the decease of such other wife as the said C. B. shall have at the time of his decease to the use and behoof of the first Son of the body of the said C. B. lawfully to be begotten and of the heirs Males of the body of such first Son lawfully to be begotten c. to the tenth Son and the Heirs of the body of such tenth Son lawfully to be begotten And for want of such Issue to the use and behoof of all the Daughters Use to Daughters of the body of the said C. B. lawfully begotten and to be begotten and of the several and respective Heirs of the bodies of such Daughters lawfully begotten or to be begotten c. 10. Provided alwaies and it is fully Covenanted Pâ—wer givâ—n to cestuy que use for life to make Leases concluded and agreed by and between all the said Parties to these presents for them their Heirs and Assigns That it shall and may be lawful to and for the said A. B. And that the said A. B. shall have power and authority from time to time and at all times hereafter at his will and pleasure during the term of his natural life by his Deed or Deeds in writing to demise grant and to farm let all or any the said Messuages Lands Tenements and Hereditaments
to the use and behoof of the Heirs of the Body of the said A. B. and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever And as to such part of the Premisses as shall not be so demised or leased by the said A. B. at the time of his death to the use and behoof of the Heirs of the Body of the said A. B. and for want of such Issue to the use and behoof of the right heirs of the said A. B. for ever CHAP. IX Rents Annuities and Portions assured out of the limitation of Vses 1. TO the use of the said A. B. for and during An Annuity for a Charitable use the Term of his natural life And from and after the decease of the said A. B. to the use and behoof of the said C. B. his Heirs and Assigns for ever Provided always that he the said C. B. his Heirs and Assigns shall and do yearly and every year from and after the decease of the said A. B. for and towards the relief maintenance and sustenance of the poor aged and impotent People within the Parishes of B. and R. in the County of M. content and pay or cause to be contented and payed unto the Vicar of the said Parish of B. for the time being and unto his Successors for ever at or in the Church Porch of the Parish of B. aforesaid the sum of Ten pound per annum of lawful Moneys of Ten pound per Ann. to the Poor payable to the Vicars of the Parishes England And also unto the Vicar of the Parish Church of R. aforesaid and his Successors for ever at or in the Porch of the said Parish Church of R. the like sum of Ten pound per annum of like Moneys The said several sums or yearly payments to be made on the Feast Days of Thannunciation of Saint Mary the blessed Virgin and of Saint Michael Tharchangel by even and equal portions and the first payment of the said several sums to begin and be made at and upon such of the said Feasts which shall first and next happen from and after the decease of the said A. B. To the end intent and purpose that the several and respective Vicars together with the several and respective Church wardens for the time being of the said several Parishes of B. and R. and their respective Successors or any two of them for ever within their several Parishes shall yearly at and upon the Feasts of c. distribute or cause Distribution of the Mony given to be distributed the said several sums unto the poor and impotent people inhabiting within the said several Parishes And if the said A. B. his Heirs and Assigns do not content and pay or cause to be contented and paid the said several sums of c. according to the true intent and meaning of this Proviso Then he the said C. B. his Heirs and Assigns shall forfeit unto the Vicars of every of the said Parishes of B. and R. and their Successors for the time being severally and respectively where any such default shall happen to be the sum of Ten shillings Nomine poeâ—ae Nomine poenae for every such default and so often as the same shall happen and shall not incur any other penalty or forfeiture by implyed Condition or Limitation or any other thing in these presents contained 2. And it is Covenanted concluded and To stand seized to the use of the â—icars unâ—il payment fully agreed by and between the Parties to these presents and every of them and for their and every of their Heirs and Assigns And the true intent and meaning of all and every Feoffment and other Conveyances and Assurances of the before-mentioned Premisses made shall be deemed esteemed and taken to be that the said C. D. the Feoffees E. F. c. and the Survivors and Survivor of them their Heirs and Assigns shall upon default of Payment made by the said C. B. his Heirs and Assigns of the said several sums of c. contrary to the true intent purport and meaning of this Proviso stand and be seized of the before-mentioned Premisses unto the use Alteration of the use upon Nonpayment and behoof of the said Vicars of every of the said Parishes and their Successors severally and respectively where any such default shall happen to be for during and until they the said Vicars and their Successors of every of the said Parishes of B. and R. for the time being for the several defaults unto every of them made shall have severally had levyed and received as well the said several sums of c. before by these presents appointed to them to be paid with all and every the arrearages thereof as also the said several penalties of c. Nomine poenae for every default of the said C. B. his Heirs and Assigns made 3. This Indenture c. Betâ—een A. B. of Another for a Rent during life with clause of â—ntry and to hold the Land for life in case it be arrear the first part C. D. and E. F. of the second part and G. H. of the third part first let there be a Covenant from A. B. to levy a Fine sur Cognizance de droit come ceo c. of all that Mannor of c. to C. D. and E. F. Then add Now witnesseth this present Indenture and it is declared and agreed by and between all the said Parties to these presents that the said Fine so to be had and levyed or in what manner or form soever the same shall be had and levyed shall be and inure and the said C. D. and E. F. and their Heirs and Assigns shall by force thereof stand and be seized of the said Lordship and all other the Premisses to the uses intents and purposes hereafter mentioned That is to say To the end intent and purpose that the said G. H. and his Assigns shall and may yearly during his natural life lawfully and peacably have perceive and take out of the said Lordship and Mannor and all other the Premisses One Annual Rent of One hundred pounds of lawful Moneys of England at two Days or â—easts in the year that is to say At the Feast of Th' annunciation of Saint Mary the blessed Virgin and of Saint Michael Th'archangel by even and equal portions the same to be yearly payed unto him at the said Feasts by the said A. B. his Heirs and To enter and hold for life upon Non-payment Assigns during the natural life of the said G. H. at or in the Middle Temple-Hall London And further to the end intent and purpose That if it shall happen the said â—early Rent or any part thereof to be behind or unpayed at the place of payment aforesaid by the space of twenty days next after either of the said Days of payment That then it shall and may be lawful to and for the said G.
Deed or Deeds in writing under his Hand and Seal duly executed or otherwise by his last Will and Testament in writing to grant assure limit devise or appoint to every or any the younger Sons of the said A. B. of his body lawfully begotten or to be begotten for term of life only of every such younger Son or Sons such yearly Rent charge or Rents charge to be issuing out of the said Mannors c. with a clause of Distress in or upon the said Mannors or any part thereof for every such Rent or Rents as unto the said A. B. shall be thought meet So that the said Rent or Rents to be granted assured or devised in the whole exceed not the yearly sum or yearly payment of One hundred pound And that in Cognizees to stand seized to assure Grants made of Rents every such case the said C. D. E. F. and G. H. their Heirs and Assigns shall stand and be seized of the Premisses to the further use purpose and intent that such younger Son or Sons to whom such Rent or Rents shall be granted or devised as aforesaid shall and may have perceive and enjoy the said yearly Rent or Rents according to the purport and effect of such Grant and Grants Devise or Devises and shall and may Distrain for the said yearly Rent and Rents and for the Arrearages thereof so often as the same shall happen to be behind or unpayed in and upon the said Mannors c. out of which the same shall be limited and appointed and which shall be made chargable therewith by such Deed or Deeds or last Will as aforesaid 10. Provided alwaies and it is granted Power to make Leases for raising of Portions for Daughters Covenanted concluded condescended and agreed by and between all the said Parties to these presents and it is the true intent and meaning of these presents and of all the said Parties thereunto that it shall and may be lawful to and for the said A. B. being the Feoffor to whom an Estate for life is limited with Remainders over c. during the Term of his natural life by Deed or Deeds Indented to be by him sealed and duly executed in the presence of two or more credible Witnesses to make any Lease or Leases Demise or Demises of all or any part of the said Mannors Lands Tenements and Premisses with Th' appurtenances for the term of One and twenty years or under with reservation of Rent or without reservation of Rent at his will and pleasure unto any person or persons whatsoever The Trust to raise portions upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said A. B. shall happen to have and not otherwise provided for that is to say If one Daughter onely then for the raising of Fifteen hundred pounds for that Daughter and if more than one Daughter then for the raising of Seven hundred pound a piece for each and every one of the said Daughters and that all and every such Lease and Leases Demise and Demises so to be made as aforesaid shall be good and effectual in the Law to all intents and purposes and that the said Fine or Fines so as aforesaid or in any other sort to be levyed shall be and inure and the Cognizee and Cognizees therein named his and their Heirs shall stand and be seized of and in such part and so much of the said Mannors Messuages Lands and Premisses as shall be so demised or leased as aforesaid and of every part and parcel thereof to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be Demised or Granted as aforesaid And after the end and determination of the Estate and Estates in such Demise or Demises Lease or Leases to be contained and as the same shall severally end and determine to the use of such person and persons to whom the same ought to remain and come by the true intent and meaning of these presents 11. After a Limitation to A. the Cognizor A Limitation of part to the Cognizees to pay Portions for life and with Remainder in Tail to his Sons as to part of the Mannors c. in the Fine contained and as to the other part after a Limitation to E. B. Wife of A. B. for life if she survive her Husband for her Ioynture Then add And as for and concerning all and singular the Premisses before limited to and for the Ioynture and Livelyhood of the said E. B. with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof from and after the decease of the said A. B. and E. B. his Wife to the use and behoof of the said C. D. E. F. and G. H. their Executors Administrators and Assigns for and during the term of One and twenty years from thence next ensuing and fully to be compleat and ended upon Trust and confidence and to the uses intents and purposes hereafter mentioned limited and declared in and by these presents viz. That in case the said A. B. shall at the time of his decease have living one two or more Daughters of his Body on the Body of the said E. B. lawfully begotten or to be begotten that shall not be then prefer'd in Marriage or if the said A. B. shall at the time of his decease leave the said E. B. with Child with one or more Daughter or Daughters who shall after be born alive that then the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors Administrators and Assigns out of the Rents Issues and profits of the said Messuages Lands Tenements and Hereditaments with Th' appurtenances so to them limited and appointed for The Portions to be paid years as aforesaid shall raise and levy so soon as conveniently may be for the portion of such Daughter if there be but one the sum of One thousand pounds of lawful Moneys of England to be payed to such onely Daughter at her age of Eighteen years or day of Marriage which shall first happen or so soon after as the said sum of One thousand pounds can be raised as aforesaid And if there shall be two Daughters The sum of Five hundred pounds a piece or if there be three or more Daughters the sum of Three hundred pounds a piece to be payed to them respectively and severally at their several and respective Ages of Eighteâ—â— years or days of Marriage which shall first happen or so soon after as the same can conveniently be raised as aforesaid 12. And upon this further trust and confidence If Daughters die before Portions paid how to dispose the Moneys And to the intent and purpose that if it shall happen the
said A. B. to die having one only Daughter of his Body on the Body of the said E. begotten then living or afterwards to be born as aforesaid and that the said onely Daughter shall happen to depart this life before that she shall accomplish the Age of Eighteen years or be marryed or if there happen to be two or more Daughters of the Body of the said A. B. on the Body of the said E. begotten then living Then if both or all of the said Daughters shall happen to die or depart this life before either or any of them accomplish their several Ages of Eighteen years or be marryed as aforesaid That then the several sum and sums of Mony intended for the Portions and Advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levyed out of the Rents Issues and profits of all or any the Premisses all Charges and Expences defrayed wherein a full and liberal allowance shall be made and given shall be satisfied and paid to such person or persons as the said A. B. by any writing under his Hand and Seal subscribed by two or more credible Witnesses or by his last Will and Testament to be subscribed as aforesaid shall limit or appoint And in default of any such Limitation or Appointment to the Executors or Administrators of the said A. B. 13. And upon further trust and confidence Moneys to be paid yearly for maintenance of the Daughters and to the end intent and purpose that the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors and Assigns shall out of the Rents Issues and Profits of the said Messuages Lands Tenements Hereditaments and Premisses so to them limited for raising of Portions as aforesaid with their and every of their Appâ—rtenances levy and pay or cause to be levyed and paid to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Thirty pounds per Annum and if there be two or more Daughters the sum of Twenty pounds per Annum a piece until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years or shall be marryed and her or their Portions paid as aforesaid 14. Provided always and it is the true If the Feoffor c. die without Daughters the Estate limited to be void intent and meaning of all and every the parties to these presents That if the said A. B. shall happen to depart this life without any Issue female of his body upon the body of the said E. begotten or without leaving the said E. with child of one or more Daughter or Daughters that shall be after born alive That then the Estate and Estates so limited as aforesaid to the said C. D. E. F. and G. H. for years as aforesaid shall cease determine and be utterly void 15. Provided also that from and immediately After Portions paid the Estate limited to be void after such time as the said C. D. E. F. and G. H. and the Executors or Administrators of the survivor of them shall or might have limited and raised the said several Portions and present maintenance for such Daughter or Daughters as aforesaid That then the said Estate for years limited in trust as aforesaid to them the said C. D. E. F. and G. H. shall cease dètermine and be utterly void And the said Messuages Lands Tenements and Premisses so to them limited in trust as aforesaid shall immediately go and be to such person and persons to whom the Reversion or remainder of the said Messuages Lands and Premisses shall belong and appertain 16. This Indenture c. Between A. B. An Estate limited to Daughters to cease upon payment of their Portions by the Heir male The Uses of the first part C. D. E. F. and G. H. on the second part and C. B. Son and Heir apparent of the said A. B. and D. B. Wife of the said C. B. on the third part Let there be a Fine Covenanted to be acknowledged or other Conveyance whereupon a use may be raised Covenanted to be made to C. D. E. F. and G. H. To the use of the said C. B. for and during the Term of his natural life and from and after his decease to the use of E. B. his Wife for and during the Term of her natural life for her Ioynture c. And from and after the decease of the said C. B. and E. his Wife to the use and behoof of the Heirs males of the body of the said C. B. on the body of the said E. lawfully begotten and to be begotten and in default of such Issue to the use and behoof of the Heirs females of the body of the said C. B. on the body of the said E. lawfully begotten and to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 17. Provided alwayes That in case the The Proviso said C. B. shall happen to depart this life without Issue male of his body lawfully begotten on the body of the said E. B. If then the said A. B. or any Heir male of his body shall pay or cause to be paid unto the Daughter or Daughters of the said C. B. on the body of the said E. begotten these several sums following that is to say unto such Daughter of the said C. B. in case he shall have but one the full sum of One thousand two hundred pounds of good and lawful money of England and in case he shall have more Daughters then one by the said E. then living the sum of Two thousand pounds of like lawful moneys among and between them equally to be divided the said payment and payments to be made at their respective Ages of eighteen years or Marriage which of them shall fiâ—st happen at or in c. Or if the said A. B. or any Heir male of his body shall at any time or times by such Security as the said C. D. E. F. and G. H. or the survivors or survivor of them shall direct in writing under their hands or the hand or hands of the survivors or survivor of them sufficiently secure the payment of the said sums in manner aforesaid That then and from thenceforth the Estate The Cessar of the Use to the Daughters Vse and Limitation of the Premisses to the Heirs females of the said C B. on the body of the said E. begotten and to be begotten shall cease and determine and the said Fine and Fines shall be and enure And the said Cognizees and their Heirs shall stand and be seised of all and singular the Premisses from and after the decease of the said C. B. and E. B. and payment made or Security given as aforesaid to the use and behoof of the Heirs males of the body of the said A. B. and for
seized thereof and of every part and parcel thereof to the use and behoof of me the said A. B. my Heirs and Assigns for ever 4. This Indenture made c. Between Another with a Feoffment added A. B. of the one part and F. G. of the other part Whereas the said A. B. did heretofore by his Indenture bearing Date the c. made between him the said A. B. on the one part and C. D. E. F. and G. H. on the other part Covenant grant and agree to and with the said C. D. E. F. and G. H. their Heirs Executors and Administrators That he the said A. B. and his Heirs in such manner and form as in and by the said recited or mentioned Indenture is Covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the said C. D. E. F. and G. H. and their Heirs and to the Survivor of them and his Heirs All and singular the Mannor of c. with general words to the several uses intents and purposes and under the several Provisoes and Conditions in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose whatsoever The particulars of which said Uses doth more plainly appear in and by the said recited Indenture relation being thereunto had or made In which said recited Indenture there is nevertheless contained and comprised one Proviso or Clause to the tenor or effect hereafter following Provided nevertheless c. reciting the Proviso and power of Revocation word for word Now witnesseth this present Indenture And the said A. B. according to the tenor power or liberty of the said Proviso being fully minded determined and resolved to alter and determine the Estate and Estates limited in Use in or by the said recited or mentioned Indenture unto I. S. of B. Esq and the Heirs Males of his Body and also the Estate and Estates limited in use in or by the said recited Indenture unto I. S. for term of his life without impeachment of Waste and after his decease then to B. S. son of the said I. S. and the Heirs Males of his Body lawfully begotten doth by these presents and by force of and according to the said Proviso and the power The Uses in particular revoked and liberty thereby given revoke repeal and determine all and every the said Estate and Estates in any wise limited in use in or by the said recited or mentioned Indenture unto the said I. S. and the Heirs Males of his Body lawfully begotten and also all and every the Estate and Estates in or by the said recited Indenture limited in use unto the said I. S. for term of his life and all and every the Estate and Estates in or by the said recited Indenture limited in use unto the said B. S. Son of the said I. and the Heirs Males of his Body lawfully begotten of in for and concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their Appurtenances in any wise comprised in or by the said recited or mentioned Indenture And likewise the said A. B. doth hereby declare that the said several and respective Estates limited as aforesaid severally and respectively unto the said T. S. I. S. and B. S. and every of them shall cease determine be frustrate void and of no further effect or continuance in Law And that New Use all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their Appurtenances and the onely use thereof shall from henceforth remain continue and be unto the said A. B. his Heirs and Assigns Now this Indenture further witnesseth that the said A. B. for and in consideration The Feoffment of One thousand pounds of lawful Moneys of England to him in hand payed before the sealing and delivery hereof by the said F. G. the receipt whereof c. Hath given granted enfeoffed and confirmed unto the said T. G. his Heirs and Assigns All that c. with usual general words as in a Feoffment To have and to hold the said c. unto the said F. G. his Heirs and Assigns for ever To the onely proper and absolute use and behoof of the said F. G. his Heirs and Assigns for evermore 5. To all Christian People to whom this present Writing shall come A. B. of c. doth Another of Uses setled upon a Covenant to stand seized send greeting in our Lord God Everlasting Whereas the said A. B. hath by his Indenture bearing Date c. for the consideration therein mentioned Covenanted granted concluded and fully agreed to and with C. D. of c. that the said A. B. and his Heirs and all and every other person and persons and their Heirs which then stood or were seized of all and singular the Mannor of c. should from thenceforth stand and be seized thereof and of every part and parcel thereof to the several uses and behoofs in the said recited Indenture limited and set forth And whereas in and by the said recited Indenture it is also Provided in these words following Provided always c. reciting the Proviso word for word Now know ye that the said A. B. being minded to revoke all and every the said Uses in the said recited Indenture mentioned and expressed in pursuance of the said power and authority to him given by the said Proviso doth by this present writing sealed and subscribed with his proper Hand and Seal declare his will and pleasure to be to adnul determine make void and frustrate And doth by these presents clearly and absolutely adnul make void and frustrate all and singular the said Uses in the said recited Indenture limited and all and every the Estate and Estates thereupon executed or to be executed of in or to the said Mannor c. and Premisses and of in and to every part and parcel thereof in such sort manner and form as if the said Uses or any of them had never been limited or appointed Any thing to the contrary c. 6. To all Christian People c. A. B. of c. Another made upon having Issue Male pursuant to the power given sendeth greeting c. Whereas by certain Indentures bearing Date the c. made between me the said A. B. of the one part and C. D. and E. F. of the other part It was for the Causes and Considerations in the said recited Indenture specified Covenanted granted and concluded between the said Parties to the said Indentures and every of them amongst other things in manner and form following that is to say First I the said A. B. did by the same Indenture for me mine Heirs Executors Administrators and Assigns and every of them Covenant Recital of a Covenant to Enfeoff to Uses grant conclude and agree c. recite here the Covenant to Enfeoff the said C. D. and E. F. To such Uses intents and purposes as
Arcana Clericalia or The Misteries of Clerkshipp As to the Sure Settlements of Estates by Deeds Fines Recoveries â—â— With the Formes of all manner of Charterparties in Maritime Citties Townes and Corporations by George Billinghurst of Grayes Inn Esq Printed for H. Twyford in Vine Court in the Middle Temple Arcana Clericalia Or THE MYSTERIES OF Clarkship BEING A sure way of Setling Estates By DEEDS FINES and RECOVERIES With the Forms of all manner of Charter-Parties in Maritime Cities Towns and Corporations WITH A TABLE of all the Principal matters therein contained By George Billinghurst of Grayes-Inne Esq LONDON Printed for Henry Twyford in Vine-Court Middle-Temple 1674. TO THE Practitioners and Students OF THE Common LAW OF ENGLAND Especially such as would be throughly Acquainted with Conveyancing WIthout the least Flattery to the Memory of our deceased Author I may boldly say His indefatigable Labours need not be usher'd into the World with studied Eulogyes And I doubt not but you will concur with me in the same Opinion when you have perus'd this Book and confess his own Labours to be his greatest Commendation Touching the Subject matter it contains the several Forms of Settlements of Estates to Uses with power for Cestuy que use for Life and in Tayl to make Joyntures Leases and Grants of Rents Likewise the Forms of Limitation of Uses for Years for payment of Debts discharge of Sureties and raising of Portions for Younger Children It also treats of Limitation of Uses in Fee for the Lands to be sold to pay Debts c. With several forms of Revocation of Uses and limitingVses de novo and of Covenants with other Incidents to the like Conveyances Besides these there are other most useful Presidents relating to Merchants and Traders Affairs fit for all Maritime Cities Towns and places of Trade The whole Work is so Methodically digested by the Author that any Person who is not a meer stranger to the Law may make great use and advantage thereof and speedily and readily find any particular matter therein contained As to the Author I shall only say thus much in general of him viz. That Hâ—spent a considerable time in the study of the Law at Grays-Inne and being unwearied in searching after all opportunities to improve his knowledge He at length was call'd to the Barr and gain'd in a little time the Vogue of being a profound and judicious Counsellor His Apprehension was alwaies quick his Judgment deliberate solid and not wavering of a clear discerning faculty his Memory sound and his Patience the truest index of a Wise man alwaies commanded his Passions in short He was a Person of exquisite natural and acquired Parts and that which much contributed to the latter was his great Moderation and Temperance whereby his study and business glided in their delighted Channels uninterrupted Being at length wearied with Business he retir'd into the Country where having finish'd this Elaborate Work he dyed Since whose death his Manuscript being left to the Guardianship of a Friend and committed into my hands in order to be made Publick for the further advantage of such as would be perfect in the setling of Estates I have hereunto added the Learning touching Fines and Recoveries hoping the Ingenious will be moderate in their Censures And if I have in this done any thing to your Advantage it will answer the pains of him that is Your Servant W. B. An ANALYSIS of the whole Art of Conveyancing Deeds are either Indented of two parts three parts or more or Poll in 1st Person or 3d Person And consists of Grants which are Constitutive or Creating what was not before as The first Grant of A Way A Rent Estate Tayl for life for years Warranty c. And are Absolute or Conditional or Conveying whereby Estates already made are conveyed to others or Discharges and are Remissory or Liberatory which releaseth or dischargeth something in being as Releases Defeazances Acquittances Ordinary Deeds by which Lands usually pass are Feoffment Bargain and Sale Gift or Grant Lease Assignment Exchange Surrender Confirmation Release Indenture to lead uses of Fines or Recoveries Covenant to stand seized to uses Revocation and new Declaration All or most of which have formal and orderly parts viz. 1. The Premisses unto the Habendum including 1. Grantor 2. Grantee 3. Thing granted By apt and proper Names and descriptions Which are certain in themselves or Which by reference may be reduced to a certainty 4. Exception by the words Excepted Excepting Besides Saving Save only c. Which must be 1. A Particular out of a General 2. Part of what is granted not all 3. That which may be severed from the thing granted and not an inseparable incident thereto 5. Recital of something antecedent 2. The Habendum whose office is to set down 1. The Grantee and 2. Certainty of Thing Estate and Life granted and to what use 3. The Reddendum which reserves some new thing to the Grantor c. And is usually made by the words Yielding Paying Doing Reserving Finding c. And reserves what was not before or Abridges the Tenure of what was before 4. Warranty 5. The Covenants containing the terms of Granting and Holding being either Real or Personal And Inherent or Collateral And must contain things to be done Lawful and Possible 6. The Conditions which are Precedent or Subsequent To the Estate and are Affirmative Negative Collateral Inherent Restrictive Compulsory Single Copulative Disjunctive And make the Estate whereto they are annexed Void without or Voidable by Entry or Claim Or tend to make and enlarge or destroy or Clogg Estates 7. The Conclusion To the making of a good Deed are required 1. Legible and formal Writing in Paper or Parchment before Sealing and Delivery 2. Capable Persons not disabled by Law as Donors that are Persons attainted of Treason Felony Premunire Infants Madmen Idiots Femes Covert Aliens Deaf blind and dumb from Nativity Except in several special cases and things Donees as Monks Fryers c. 3. A thing to be granted and passed 4. By proper and sufficient Names and descriptions of 1. Grantor 2. Grantee 3. Thing Granted Which must be grantable In its own Nature and And by him that grants it And is either ☞ Corporeal and Immovable as Houses Lands Woods c. And are grantable in Fee Tayl for Life Years c. And assignable from man to man Or Incorporeal as Rents Services Advowsons Presentations Reversions Remainders Offices Licenses Franchises Commons c. Whereof some are 1. Grantable at their first Creation but not assignable after as Great Offices of Trust Judicial Offices Licenses Authorities c. 2. Assignable always 3. Intirely but not in part 4. Intirely or in part 5. To any Body 6. But to special Persons 7. Something 's incident to others not grantable without the things to which they are incident Or Chattels either Real as Leases for years present or to come Extent c. or Personal as Oxen Horses Plate
c. 5. True Reading or declaring to a blind or illiterate Person if required 6. Sealing and Delivery by the maker or his Authority Absolutely and positively to or to the use of the Party or Conditional and as an Escrow to another 7. To an honest end and not by unlawful Contract or made by Force or Fraud 8. Due Ceremony as Attornment Livery of Seisin Intolment A Deed when well made read sealed and delivered may be void or voidable when got by Force Fraud Corrupt agreement Or may be mar'd by Rasure Interlining Addition Breaking the Seal Defacing Judgment of Court c. Arcana Clericalia OR The Mysteries of Clerkship Containing the Forms of Settlement of Estates to uses with power to make Joyntures Leases Grants c. The First Part. CHAP. I. Some Observations taken out of our late Reports and Books touching the Law of Conveyances in general 1. A Bargains and sells to B. a Mannor Fine joyned with other assurances extinguisheth not a condition c. and Covenants to suffer a Recovery and levie a Fine for better assurance of the Mannor and that all Estates assurances and conveyances after to be made of the said Mannor should be to the uses in the said Indenture c. And in the said Indenture there is a Proviso that B. the Bargainee shall do such an Act c. And it was resolved that this Proviso amounts to a condition in Law to defeat the whole Estate and although A. and B. after levied a Fine to a third Person in reference to the Covenant aforesaid yet it was resolved that the Fine did not extinguish the said condition for it was as an assurance and was to be guided by the Indenture Cook lib. 2. 72 73. Lord Cromwels case vide Dyer 157. pag. 28 29 30. 2. Also it was resolved in the said Cromwells case Several conveyances c. do make but one assurance in Law fo 75. a. that the said bargain and sale and Recoverie and Fine although made suffered and levied at several times do make but one assurance in Law of the Mannor according to the same original bargain and contract and every of them tend to perfect the said Bargain and Sale and none of them to destroy any part of it or to subvert the true intent of the Parties As if a man makes a Lease for life of Lands in several Counties and first makes livery in one County and divers daies after maketh livery in another County yet the Rent reserved upon the Lease shall issue out of the Lands in both Counties although the livery by which the estate passed was made at several times And therefore it might be objected that presently upon the first livery the Rent should issue out of it but the Law shall not judge by parcels in subverting of the intent and agreement of the Parties but after all the Acts are done in performance of the original contract and agreement of the Parties the Law shall adjudge upon all as executed at the same time So if one make a deed of Feoffment with warranty and deliver the deed to the Feoffee and after at another time maketh livery secundum formam Charta yet the warranty is good although when the deed was delivered no estate passed to which the warranty might be annexed yet notwithstanding praxis juris pâ—â—storum is to be observed Et qui rationem in omnibus quarunt raâ—ionem subvertunt Cook l. 2. 75. a. Conveyances to be so construed that they may take effect 3. A Conveyance shall have such construction that it may take effect ut res magis valeat quà m pereat If Tenant for life and he in Remainder or Reversion joyn in a Feoffment by deed each one of them passeth his estate viz. the Lessee for life his estate by the livery and the Fee-simple moveth or passeth from him in Remainder or Reversion but if the Feoffment had been by Paroll then it should have been the Feoffment of him in Remainder or Reversion and a surrender of the Lessee for life for otherwise nothing should pass by Paroll Cook lib. 2. Fine works to corroborate a former estates and makes no discontinuance fol. 15. 4. Tenent in Tail by deed inrolled bargains and sells an house to another and his heirs and after the Tenant in Tail levies a Fine with Proclamations to the Bargainee of the same house Resolved 1. That by the Indenture of bargain and sale inrolled the Bargainee had an Estate descendible to his heirs but it was determinable by the death of the Tenant in Tail 2. Resolved that the Fine here levied to the Bargainee doth not make a Discontinuance of the Remainder in Tail nor doth any Estate of Free-hold pass by the Fine but only the Fine with the Proclamations doth corroborate the Estate of the Bargainee and the Stat. of 4 H. 7 chap. 24. and 32 H. 8. cap. 36. makes his Estate more perdurable being after the Fine determinable only upon the death of Tenant in Tail without issue but if the Fine had been levied before the bargain and sale inrolled it had been a discontinuance but in the case before it was not because it operated only upon the Estate which passed precedent Cook lib. 10. fol. 96. Edward Seymors case 5. Nota a diversity when a man hath two wayes Two waies to pass an Estate hoâ— taken to pass Lands and both of them by the Common-law and intends to pass them by one of those wayes yet ut res magiâ— valcat it shall pass by the other As if a man be seized of two Acres of Land in Fee and lettath one of them for Years and makes a Charter of Feoffment of both and maketh livery only of the Acre in possession in the name of both only the. Acre in possession passeth but if the lessee for years after doth attorne then both shall pass because he is by the common Law in the Per as to both but when a man may pass Lands either by the common Law or by raising of a use and setling of it by the Statute there in many cases it is otherwise As if the Father makes a Charter of Feoffment to the Son and a letâ—er of Attorney to make livery if no livery be made no use shall arise unto the Son because then he should be in by the Statute in another degree viz. in the Post and the intention of the Parties is much in the raising of uses Cook upon Lit. 49. a. 6. One sells unto another certain Lands by Acts done for further assurance referre to the Original agreement deed indented upon condition of Reentry upon non-payment of 20 l. and that all assurances shall then be to him and his heirs and Covenants to make other assurances and that they shall be to the use in the Indenture afterwards he makes a Feoffment to the same bargainee to the use of him and his heirs and afterwards levies a Fine to him which was to the uses in
paâ—t and let thereby A. B. covenant to levy a Fine to G. H. and I. K. of the Mannor of L. c. And then add And it is covenanted granted condescended agreed and declared by and between all the said Parties to these presents That the said Fine or Fines and all other Fine or Fines hereafter to be had and levyed by and between the said Parties to these Presents or any of them of the said Mannor and Premises or any Part thereof are meant and intended to be and immediately from and after the acknowledging and levying of the said Fine or Fines shall be taken judged and construed to be and inure to the several uses trusts and purposes hereafter mentioned That is to say to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life And from and after the determination Nota. of the Estate of the said A B. to the use and behoof of the said C. D. and E. F. and their heirs for and during the natural life of the said A. B. to the end intent and purpose and in trust only to preserve the contingent remainders hereafter mentioned And from and after the decease of the said A. B. to the use and behoof of the first Son of the body of the said A. B. lawfully to be begotten on the body of E. B his now wife and of the heirs Males of the body of such first Son lawfully to be begotten And for default of such Issue to the use and behoof of the second Son of the body of the said A. B. on the body of the said E. B. to be begotten and of the heirs males of such second Son and in like manner to 3 4 5 6 c. Sons and for want of such Issue to the use and behoof of all and every other Son and Sons of the body of the said A. B. to be begotten on the body of the said E. B. successively one after the other as they shall be in Seniority of Age and Priority of Birth and the several and respective heirs males of their bodies the elder and his heir male of his body to be alwaies preferred before the younger of them and the heir male of his Limitation for issue en ventre sa mere body And for default of such Issue in case the said E. shall be enseint at the time of the death of the said A. B. then to the use and behoof of the said E. until she shall be delivered of such Child or die which of them shall first happen in trust only for the preservation of the contingent remainder unto her Son if she shall be Nota. enseint of a Son and if such Child shall be a Son then to the use and behoof of such after-born Son and the heirs males of the body of such after born-Son lawfully to be gotten And Limitation of five hundred years for payment of daughters portions if no heir male be for want of such Issue to the use and behoof of the said C. D. and E. F. and their Executors Administrators and Assigns for and during the term of five hundred years And from and immediately after the end of the said Estate or Term of five hundred years to the use and behoof of the said A. B. and the heirs males of his body and for want of such Issue to the use and behoof of the right heirs of the said A. B. for ever And as for touching and concerning the said Estate of five hundred years herein before limited to the said C. D. and E. F. It is hereby declared that The Declaration of the trust as to the Estate of five hundred years the said Estate is so limited to them as aforesaid in trust that they the said C. D. and E. F. or the Survivor of them and the Executors Administrators and Assigns of the Survivor of them shall and may out of the yearly and accidental Rents Issues and Profits of the said Mannor Farm c. herein before limited to them for the said Term of five hundred years for default of Issue male as aforesaid levy raise and pay the several Sums hereafter mentioned as well for the Maintenance and Education aâ— for the Portion or Portions of the daughter or daughters of the said A. B. of the body of the said E. â— to be begotten in case there shall be a Failer of Issue male of the body of the said A. B. on the body of the said E. to be begotten in such mâ—nner and form as is hereafter expressed and declarede That is to say The Sum of One thousand Pound One thousand Pound to one daughter One thousand a piece if more daughters of good and lawful Money of England in case they shall have but one daughter between them two for the Marriage Portion of such daughter if such daughter shall not be preferred in marriage by the said A. B. in his life time And in case there shall be more than one daughter between them begotten the Sum of One thousand pound a piece of lawful Money of England a piece for every such daughter that shall not be preferred in Marriage in the life time of the said A. B. the said portion and portions to be payed to them respectively at their several ages of one and twenty years or respective dayes of Marriage which of them shall first happen And in the meantime for the raising and paying to or Maintenance before Portions payed for such daughter or daughters until their several portions shall become due and payable as aforesaid necessary and convenient maintenance at the discretion of the said Trustees or the survivor of them or the Executors or Administrators of the survivor of them And it is concluded and agreed by and between Vpon payment of the Portions the Estate for five hundred Years to be void all the said Parties to these presents and it is the true intent and meaning hereof that when the several portions and Sums of Money aforesaid shall be payed and satisfied to the said daughter or daughters as aforesaid according to the true intent and meaning of these presents or if he or they to whom the Remainder or Reversion of the said Mannor Farm Lands Tenements Hereditaments and Premises shall be remain or come by vertue of these presents after the end or exspiration of the said Estate of Five hundred years shall well and truly satisfie or pay or cause to be satisfied or payed or otherwise secure to be satisfied or payed unto such Daughter and Daughters the said several sums as aforesaid That then immediately from and after such payment made or security given for payment of the said sum or sums to such Daughter or Daughters as aforesaid according to the true intent and meaning of these presents the said Estate or Term of five hundred years herein before limited to the said C. D. and E. F. as aforesaid shall cease determine and
person or persons or for any term or terms of years not exceeding the term of one and twenty years to take effect immediately from the making of such Lease or Leases Demise or Demises so as upon every such Lease or Leases so as aforesaid to be made such and so much yearly Rent or Rents or more shall be reserved for every parcel or parcels of the Premisses so to be Demised as is mentioned and expressed in a Writing Indented bearing Date with these presents to one part whereof the said A. B. hath set his Hand and Seal and to the other part whereof the said c. hath set his Hand and Seal by which said Writing the said Premisses so meant or intended to be Demised are rated and valued at to be yearly worth And that at all Râ—coveries c. to be to the use of the Lessees times from and after the said Lease and Leases Demise and Demises so to be had and made as aforesaid the said Recovery and Recoveries before mentioned shall be and shall be adjudged deemed and taken to be and the said Recoverors and their Heirs and all and every other Person and Persons and their Heirs then standing and being seized or which at any time from thenceforth shall stand or be seized of or in so much of the said Mannor and Premisses as shall so happen from time to time to be Leased or Demised in manner and form aforesaid and according to the true meaning of these presents shall from thenceforth stand and be seized thereof and of every part and parcel thereof to the use and uses of all and every such Person and Persons to whom any such Lease or Leases Demise or Demises shall be made as aforesaid their Executors Administrators and Assigns for and during the continuance of all and every the said Lease and Leases Demise and Demises so long as the said Lessee and Lessees his and their Executors The Lessees paying their Rents Administrators and Assigns shall and do well and truly satisfie and pay the Rents reserved in and by the said Lease and Leases Demise or Demises And from and after the expiration of all and every the said Lease and Leases Demise and Demises to be had and made as aforesaid and as they shall severally end and determine Then and from thenceforth to such further use and uses purposes and intents as be thereof before in these presents expressed and declared and as by the true intent and meaning of these presents they should or ought to have done if no such Lease or Leases Demise or Demises had been thereof at any time had or made any matter or thing herein before contained to the contrary thereof in any wise notwithstanding c. In witness c. 14. Provided also and it is Covenanted Another to make Leases at such Rents as Lessor pleaseth granted concluded agreed and declared by and between all the said Parties to these presents That it shall and may be lawful to and for the said A. B. from time to time and at all or any time or times during his natural life by any Indenture or Indentures to make any Demise or Demises Grant or Grants of the said Premisses or of any part or parcel thereof alone or amongst other things as well in Possession as in Reversion for the term of One and twenty years or For 21 years or 3 lives under or for one two or three life or lives or for any term or number of years determinable upon one two or three life or lives at for and under such Rents Covenants and Conditions as to him the said A. B. shall seem meet so as the said E. B. wife of the said A. B. be made Party to So as the wife be Party every such Indenture whereby any such Demise or Grant shall be made during the life of the said E. B. And that the said E. B. do seal and deliver every such Indenture And that at all times from and after the making of such Indenture or Indentures of Demise or Demises Grant or Grants the said Fine so to be levyed as aforesaid and the Cognizees to stand seized to the use of the Lessees Cognizees of the said Fine and their Heirs and the Heirs of the Survivor of them shall stand and be seized of and in such part or parts as shall be so Demised or Granted to the use and behoof of every such Lessee or Lessees Grantee or Grantees their Executors Administrators and Assigns to whom any such Demise or Demises Grant or Grants shall be so made and according to the true intent and meaning of every the same several and respective Demise or Demises Grant or Grants so as the same Lessee or Lessees Grantee or Grantees their Executors and Assigns shall and do pay the Rents and perform the Covenants and Conditions in such Indentures of Demise or Grant to be specified and contained according to the intent and true meaning of the said Indentures And after the end or determination of such Estate or Estates then to the use of such Peâ—son and Persons to whom the same ought to remain by the true intent and meaning of these presents 15. Provided always and it is the true Another form to give power to make Leases for such Term and under such Rent as Lessor pleaseth intent and meaning of these presents That if the said A. B. shall at any time hereafter â—uring his life-time demise grant or lease the said Messuages Lands Tenements Hereditaments and other the Premisses before by these presents granted or assured or any part or parcel of them by his Deed Indented under his Hand and Seal for the term of any year or years life or lives and under such Rents and Covenants as he shall think fit that then and immediately from and after every such Demise Lease or Grant so to be made by the said A. B. the said C. D. E. F. c. and their heirs shall stand and be seised of such leased Premisses to the use and behoof of the said Lessee and Lessees Grantee and Grantees and every of them and of their several Executors Administrators and Assigns during the term and space mentioned in the said several Leases Grants and Demises respectively so that the yearly Rent or Renâ—s mentioned or reserved So that the Rent be paid to Lessor and those in Remainder by the said A. B. in such Lease or Leases Demise or Demises Grant or Grants be yearly paid to the said A. B. during his natural life and after his decease to such person or persons as by the purport and true meaning of these presents ought to have the Reversion or Remainder Reversions or Remainders of the Messuages Lands Tenements and Hereditaments so to be leased or granted at the several days in every such Lease or Grant to be expressed or set down for payment thereof or within twenty days after every such day or days and request made for
payment thereof by the said A. B. or by the said person or persons in Reversion or Remainder And so that the said Lessees and And so that the Lessee perform the Conditions in such Lease mentioned Cognizees to stand seised of the Reversion and of the thing as it falls into possession Grantees their respective Executors Administrators and Assigns do well and truly perform the Conditions to be comprised in the Indenture or Indentures of their said several Leases Demises or Grants according to the effect intent and true meaning of the same Indenture or Indentures And that the said C. D. and E. F. c. and their heirs shall stand and be seised of the Reversion and Remainder Reversions and Remainders of the said Messuages Lands Tenements and Hereditaments so to be leased or granted as aforesaid and after the end or determination of such Lease or Leases then of the said Messuages Lands Tenements and Hereditaments so to be leased or granted to such uses and intents as the said C. D. E. F. c. should have stood or been thereof seised by the purport intent and true meaning of these presents if no such Lease or Grant had been thereof made and that of and for such Estate and Estates in such order and degree with the same Remainder and Remainders and in such manner and form to all intents and purposes as they should have stood and been thereof seised by the purport and true meaning of these presents if no such Lease or Grant had been thereof had or made 16. After uses limited as followeth viz. Another for such Term and under-Rent or no Rent as Lessor pleaseth to the use of the said A. B. for and during the term of his natural life without impeachment of waste c. with Remainders over Provided always and it is agreed by and between all the parties to these presents and by them and every of them hereby declared to be their true intent and meaning that it shall and may be lawful to and for the said A B. at any time or times during his natural life to make any Demise Lease or Grant Demises Leases or Grants by Indenture or Indentures to be by all the parties thereunto duly executed of all or any part of the said Messuages Lands or Premisses either in possession or reversion or otherwise to any person or persons whatsoever for any term or terms of years or for the life or lives of any one or more person or persons or for any term or terms of years determinable upon the death or deaths of any one or more person or persons or for any other term or terms of years whatsoever as by the said A. B. shall be thought fit or convenient And that from and immediately after the making Cognizees c. to stand seised to the use of Lessees and executing of such Demise Lèase or Grant Demises Leases or Grants the said C. D. E. F. c. and the survivors and survivor of them and his and their heirs shall stand and be seised of all or such part and so much of the said Messuages Lands Tenements and Premisses as shall be at any time or times hereafter leased or demised as aforesaid to the use of such person or persons â—espectively to whom any such Demise Lease or Grant shall be so made for such Estate term and interest and in such manner and form as the same shall happen to be so leased demised or granted according to the true intent and meaning of these presents and of every such Demise Lease or Grant So as such Lessee or Lessees Grantee or Grantees during his or their several Lease or Leases Grant or Grants So as Lessees pay their Rents or Interests respectively do pay or cause to be paid the Rent or Rents or sum or sums of money reserved or appointed to be paid in and by the Indenture or Indentures of his and their Lease and Leases Grant and Grants respectively to such person or persons to whom the same from time to time shall by the purport and true meaning of these presents belong or appertain according to the purport and true meaning of such Lease and Leases and that the said C. D. and E. F. c. shall stand and be seised of the Reversion vide Sect. 15. c. 17. Provided always that it shall and may Another for 21 years or 3 lives under the ancient Rents and chargable with Rents c. before charged c. be lawful to and for the said A. B. being Cestuy que use for life from time to time and at all times hereafter during the term of his natural life by his Deed or Deeds lawfully executed or otherwise by his last Will and Testament in writing to Lease Grant or Demise give dispose limit or appoint to any Person or Persons whatsoever All every or any the said Mannors Messuages Lands Tenements Hereditaments and Premisses with Th' appurtenances the chief House called B. and the Demesnes of the said Mannor of B. before in and by these presents limited expressed and declared for the Ioynture of the said M. onely excepted for and during the term of One and twenty years or for some shorter or lesser Term of years or for the term of one two or three lives or for any number of years determinable upon one two or three lives charged Charged with Rents and Payments c. nevertheless or chargable with such Rents sums of Mony and Payments as before or after in these presents are appointed limited or declared to be payed levyed or issuing out of the same or any part thereof as in these presents is mentioned and declared so that all and every such Lease and Leases Devise and Devises or any of them be not made to be without impeachment of Waste Not to be made without impeachment of Waste by any special Clause Proviso or Covenant therein to be contained and that every such Lease Grant Demise or Devise so to be made be made of Lands or Tenements in Possession usually letten to farm by the space of Twenty years last past and not of any Lands in Reversion And so that upon every such Grant lease devise or demise the old and accustoâ—ed Rent and Rents Boons Arrearages Customes and Old Rent or more to be reserved Services or more be reserved to be due and payable during the continuance of every such Demise Lease Grant or Devise at the days and times and in such manner and form as the same have been accustomed Or thus So as upon every such Grant Lease Demise or Devise for life or lives or years to be made the old and accustomed Rents Duties and Services or more be yearly reserved and payable during the said Terms unto such to whom the immediate Reversion or Remainder of the Mannors Messuages and Lands so leased or devised shall be and who ought to have and receive the said Rents Duties and Services by the intent and true
want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 18. Provided always and it is Covenanted Another to stand seized to the use of the Daughters until their Portions paid granted concluded and agreed by and between the said Parties to these presents That if the said A. B. shall happen to die or depart this life without Issue Male of his Body lawfully begotten on the Body of the said E. B. having Issue by the said E. B. one or more Daughter or Daughters unmarryed at the time of his decease That then and from thenceforth the said C. D. E. F. and G. H. and the Survivors and Survivor of them and the Heirs of the Survivor of them immediately from and after the death of the said A. B. without Issue Male as aforesaid shall stand and be seized of all and singular the Premisses whereof no use is before limited to the said E. B. to the use and behoof of such Daughter or Daughters until the said Daughter and Daughters shall and may have and receive out of the Rents Issues and Profits thereof the several sums hereafter mentioned or shall have received good Mony or Security and sufficient Security of and from such person and persons to whom the Reversion or Remainder of the Premisses from and after the death of the said A. B. without Heir Male of his body as aforesaid shall appertain by the true intent and meaning of these presents for the payment of the said sum or sums as is hereafter mentioned that is to say The sum of Fifteen hundred pounds of lawful Moneys of England to such Daughter of the said A. B. if there shall be but one within six Months after she shall have accomplished the Age of One and twenty years or be marryed which of them shall first happen and if there be more then one Daughter Then the sum of Three thousand pounds of good and lawful Mony of England to be paid between all such Daughters of the said A. B. equally part and part like for her and their Marriage Portions at their several and respective Ages of One and twenty years or Marriages which shall first happen respectively and after satisfaction or security of the said sum and sums of Mony given in form aforesaid then to the use and behoof of the said Person and Persons in Reversion and Remainder to whom the said Premisses should have come unto by the intent and true meaning of these presents if the said A. B. had died without Issue Male of his Body by the said E. B. c. 19. To the use and behoof of the said Another form for Portions for younger Sons and Daughters A. B. for and during the term of his natural life without impeachment of or for any manner of Waste and from and after the decease of the said A. B. then to the use and behoof of the said C. D. E. F. and G. H. being the Feoffees or Cognizees their Executors Administrators and Assigns for and during the Term of sixteen years to commence immediately from and after the decease of the said A. B. upon the trust and considence hereafter mentioned And from and after the death of the said A. B. and determination of the said Term or Interest to the use and behoof of C. B. eldest Son and Heir apparent of the said A. B. and of the Heirs of the body of the said C. B. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 20. And it is further by these presents Covenanted The provision for Sons and Daughters concluded and declared by and between all the said Parties to these presents And the true intent and meaning of these presents and of the said Parties hereunto is That all and every the younger Sons and all and every the Daughters of the said A. B. which he shall have at the time of his decease and shall leave unadvanced and unpreferr'd by the said A. B. shall have and receive every of them Two hundred pounds a piece of lawful Monyes of England 200 l. a piece to Sons and Daughters unpâ—eferd or 800 l. amongst all so that it exceed not Eight hundred pounds in the whole and if the same exceed the said sum of Eight hundred pounds in the whole then every of the said Sons and Daughters to have a proportionable part of the said sum of Eight hundred pounds which is to be paid and share and share like to be equally divided between them And that the said several sums of Two hundred pounds a piece or sum of Eight hundred pounds which of them shall become payable by the intent and true meaning of these presents shall be all paid to the said Sons and Daughters respectively within four years next after the decease of the said A. B. by such person or persons which for the time being shall have the next and immediate inheritance of the Premisses depending and expectant upon the determination of the said Term of sixteen years limited to the said C. D. E. F. and G. H. and that until default shall be made of any the said payments which by the To suffer the Persons next in Remainder to enjoy until failer of payment intent and true meaning of these presents are or ought to be made as aforesaid to all and every the said Children they the said C. D. E. F. and G. H. their Executors Administrators and Assigns according to the trust aforesaid in them and every of them reposed shall permit and suffer the said person and persons which for the time being shall have the next and immediate Inheritance of the Premisses from and after the determination of the said Term of sixteen years as aforesaid quietly and peacably from and after the decease of the said A. B. to have and keep the possession of all and every the before-mentioned Premisses and to receive and take the Rents Issues and Profits thereof And that in default of payment of the said sum or sums or any part thereof it is meant and intended by all and every the Parties to these presents that the said C. D. E. F. and G. H. and the Survivors and In default of payment the Trustees to enter and hold until payment Survivor of them his and their Executors Administrators and Assigns shall enter and take the possession of the Premisses and of every part and parcel thereof according to the Limitation herein before expressed And the Rents Issues and Profits thereof shall imploy and convert wholly for and towards the payment of the said several sums of two hundred pounds 〈◊〉 piece to the said younger Sons and Daughters or sum of Eight hundred pounds to be equally divided between them which of them shall become payable according to the true intent and meaning of these presents together with Interest of all and every the
the said C. B. in lieu and recompence of such Lands Tenements and Hereditaments in D. aforesaid as are before in and by these presents intended or agreed to be conveyed and assured unto the said E. B. for and during the Term of her natural life in such manner and form as is aforesaid That then the said Estate The alteration of the use for life hereby limited and appointed to or for the said E. B. of in and to the said Lands Tenements and Hereditaments and all and singular other the Premisses in D. aforesaid shall cease determine and be utterly void frustrate and of none effect And that then and from thenceforth the said Recovery and Recoveries c. shall be and shall be adjudged deemed and taken to be and the said Recoverors c. and every of them their and every of their Heirs shall and will stand and be seized and be adjudged deemed and taken to stand and be seized from and after the decease of the said C. B. of and in such and so much of the said Lands and Tenements and other the Premisses in D. aforesaid as is limited and appointed before in and by these presents to or for the use of the said E. B. for term of her life as aforesaid to the only use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said C. B. on the Body of the said E. B. lawfully begotten and to be begotten and for default of such Issue then to such further use and uses behoofs intents and purposes as be thereof before in or by these presents expressed and declared and to none other use or uses intents or purposes whatsoever Any thing before in these presents contained to the contrary thereof in any wise notwithstanding 3. This Indenture c. Between A. B. To alter the Use upon non-payment of an Annuity or Rent vide Chap. 9. of the first part C. D. and E. F. of the second part and G. H. of the third part Let there be first a Covenant from A. B. to leâ—y a Fine sur cognizance de droit come ceo c. of all that Mannor c. to C. D. and E. F. Then add And it is Covenanted agreed condescended unto and declared by and between all the said parties to these presents That the said Fine so to be acknowledged and levied as aforesaid shall be and inâ—re and the said C. D. and E. F. their Heirs and Assigns and the survivor of them and his Heirs and Assigns shall stand and be seised of the said Mannor c. and all other the Premisses to the uses intents and purposes hereafter mentioned that is to say to the end intent and purpose That the said G. H. and his Assigns shall and may yearly during his natural life lawfully and peaceably have perceive and take out of the said Mannor c. and all other the Premisses one yearly Rent of Two hundred pounds per annum of lawful moneys of England at two usual dayes or Feasts in the year that is to say the Feasts of c. with a Clause of Distress c. vide Chap. 8. Sect. 5. 4. And further That if it shall happen Upon non-payment to enter the said yearly Rent of Two hundred pounds or any part thereof to be behind or unpaid by the space of Thirty days next after either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid being lawfully demanded That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns into the said Mannor c. and Premisses and every part and parcel thereof to enter and the same to have hold and enjoy for and during the term of his natural life And that immediately from and after such Entry made the said C. D. and E. F. the Feoffees or Cognizees their Heirs and Assigns and all other person and persons whatsoever Cognizees after Entry to stand seised to Grantees use Another which now are or at the time of such default made shall be seised of and in the said Mannor c. shall stand and be seised thereof and of every part and parcel thereof to the use and behoof of the said G. H. and his Assigns for and during the term of his natural life c. with remainders over c. 5. And that if it shall happen the said yearly Rent of c. to be behind or unpaid in part or in all by the space of Thirty days next after either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid being lawfully demanded That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns into the said Mannor c. and every part and parcel thereof to enter and the same to have holâ— and enjoy until he shall out of the Rents issues and profits thereof have levied and received the said Annuity of c. and all and every the arrears The party to have the Land until satisfied of the Rent and Arrearâ— thereof together with such reasonable costs charges and expences as the said G. H. or his Assigns shall be at in the levying and receiving of the same And that then and from thenceforth after such default and Entry made as aforesaid the said C. D. and E. F. the Cognizees and their Heirs shall stand and be seised of the said Premisses and of every part and parcel thereof to the use and behoof of the said G. H. and his Assigns for during and until such time as the said G. H. or hâ—s Assigns shall and may lawfully hold and enjoy the Premisses according to the intent and true meaning of these presents c. 6. Provided alwayes That if the said Another to make void and alter a Use upon Marrâ—age without Fathers consent C. B. or any of the Sons of the said A. B. lawfully begotten or to be begotten which shall fortune to be Heir apparent of the said A. B. shall in the life-time of the said A. B. marry or take to Wife any Woman or contract Marriage with any Woman without the consent of the said A. B. first had and obtained in Writing thereunto That then the Estate Vse remainder and possession of every such person and persons so marrying or contracting shall cease determine and be void And that yet nevertheless all other the several Vses Estates and Remainders by these presents limited and expressed of and for the said Mannors c. shall stand remain and continue in full force and effect And the said Fine so to be had and levied as aforesaid shall be und inâ—re and the said Cognizees therein to be named and the survivor of them and his Heirs shall stand and be seised of the said Mannor c. in the said Fine to be contained to the use and behoof of such other person
the said Fine to be had and levyed as aforesaid shall be and enure and shall be deemed construed reputed and taken to be and enure to the use and behoof of the said A. B. his Heirs and Assigns for evermore CHAP. XII Power given to Revoke Vses and to limit New 1. PRovided always that if the said A. B. Power to revoke by Deed attested by two or more Witnesses shall at any Time during his natural life intend or be minded to alter change repeal revoke or make void all the said Estates Vses Remainders and Limitations before in these presents mentioned or any of them of and in the Premisses or any part or parcel thereof And shall by any Deed or Deeds in writing under his Hand and Seal to be attested by two or more credible Witnesses subscribing their Names thereunto signifie and declare that his mind and intent is to alter change repeal revoke or make void the said Estates Vses Remainders and Limitations or any of them That then and at all times from and after such Deed or Deeds shall be so signed sealed and attested as aforesaid All and every the said Vses Estates Remainders and Limitations before in these presents specified and declared or such or so many of them as shall be mentioned in the said Writing oâ— Writings of Revocation to be repealed revoked or made void of or in the said Premisses or any part thereof shall from thenceforth cease determine and be repealed revoked and utterly void for ever And that Cognizees c. to stand seized to other uses then and from thenceforth the said C. D. E. F. c. and the Survivors and Survivor of them his and their Heirs and all and every other Person and Persons whatsoever which shall be then seized of the said Premisses with Th' appurtenances or of any part or parcel thereof shall stand and be seized thereof or of so much thereof as shall be mentioned and contained in the said Writing or Writings of Revocation to be therein and thereby revoked repealed and made void as aforesaid to the onely use and behoof of him the said A. B. his Heirs and Assigns for ever or to such other use or uses intents and purposes as in and by the said Deed or Deeds Writing or Writings of Revocation shall be limited declared and appointed and to none other use intent or purpose whatsoever any thing before specified to the contrary thereof in any wise notwithstanding 2. Provided always and it is fully agreed by and between all the said Parties to these presents To revoke and limit new Uses by Deed or last Will. That it shall and may be lawful to and for the said A. B. at any time or times hereafter during his life at his free will and pleasure by his Deed or last Will and Testament in writing by him to be Sealed and Published in the presence of three credible Witnesses at the least to alter change determine revoke or make void all or any the Vse or Vses Estate or Estates in these presents before declared mentioned or limited of the Premisses or any part thereof And that at all times from and after such time as the said A. B. shall by any such his Deed or last Will in Writing so express and declare his pleasure and mind to be to alter change determine revoke or make void all or any the Vse or Vses Estate or Estates in these presents before declared mentioned or limited of the said Premissâ—s or any part thereof That then and from thenceforth all or such of the said Estate and Estates Vse and Vses herein before declared as shall be so declared and mentioned by such Deed or last Will of the said A. B. to be altered changed determined or made void shâ—lâ— cease determine and be void And that then and from thenceforth the said Fine or â—ines and the said Cognizees therein to 〈◊〉 named and all other Person and Persons which shall then happen to be seized of New Uses the Premisses or any part or parcel thereof of which the Vse or Vses shall be so altered changed revoked determined or made void shall thereof stand and be seized to the use of such Person and Persons and of such Estate and Estates and in such manner and form as in and by such Deed or last Will of the said A. B. Sealed Published and Attested as aforesaid shall be declared and expressed and for want of such declaration to the use and behoof of the said A. B. his Heirs and Assigns for ever 3. Provided always nevertheless and it is Another where the Uses were raised by a Covenant to stand seized Covenanted concluded and fully agreed by and between all the said Parties to these presents That if the said A. B. shall be mindful at any Time hereafter to alter or revoke the said Vses or any of them and the Estate or Estates that shall or may be vested or setled by vertue force or reason of these presents and of the Statute of transferring Vses into possession It shall and may be lawful to and for the said A. B. at all times at his own will and pleasure during his natural life in or by his Deed in writing to be testified by two or more credible Witnesses or by the last Will and Testament of him the said A. B. to be testified as aforesaid to revoke alter change determine annul make void and frustrate all or any of the said Vses or Estates in these presents before mentioned of all or any part or parcel of the said Mannor c. And also by his said Deed in writing or by his last Will in writing to be testified as aforesaid to limit declare and appoint the Vses of the said Mannor Lands and Premisses or of any of them or of any part or parts of them to any of the Persons before-named or to any other Person or Persons whatsoever And that upon such new Declaration Limitation and Appointment of any new or other Vse or Vses Estate or Estates of or in the Premisses or any part or parcel thereof as aforesaid The Vse and Vses Estate and Estates of such or so much of the Premisses whereof any such new Declaration Limitation and appointment shall be so had and made shall be and the said A. B. his Heirs and Assigns and all and every other person and persons and his and their Heirs and Assigns which at any time hereafter shall stand and be seised of such and so much of the Premisses whereof any such new Declaration Limitation and appointment shall be so had and made shall stand and be seised thereof to the use of such person and persons and of such Estate and Estates as shall be mentioned and expressed in the said Deed or last Will any thing in these presents contained to the contrary hereof in any wise notwithstanding 4. Provided always and the true intent Another and meaning of these presents and of all the parties
hereunto is That it shall and may be lawful to and for the said A. B. and the said A. B. shall have full power at all times hereafter and from time to time during his life at his free will and pleasure by any his Deed or Deeds Writing or Writings or by his last Will and Testament in writing by him to be seal'd and subscribed in the presence of Two or more credible Witnesses to alter change diminish enlarge revoke determine or make void all and every or any the Vse and Vses Estate and Estates before in and by these presents limited expressed mentioned declared or appointed to any person or persons of or in the said Premisses or any part or parcel thereof and to declare create limit or appoint any other Vse or Vses Estate or Estates to any of the person or persons aforesaid or to any other person or persons whatsoever in such sort manner and form and for such Estate or Estates term terms as the said A. B. shall think meet and convenient And that at all times and from time to â—â—me immediately from and after such alteration change diminution inlargement revocation or determination of the said Vse or Vses Estate or Estates and Creation Declaration Limitation or Appointment of any other Vse or Vses Estate or Estates The said Fine or Fines and Recovery or Recoveries and all and every other Conveyance and Conveyances Assurance and Assurances in the Law whatsoever heretofore had or made or at any time hereafter to be had or made of the said Mannor c. or of any part thereof according to the intent and true meaning of these presents shall be and enure and shall be construed deemed adjudged and taken to be and enure And the said Cognizee or Cognizees of the said Fine or Fines and Recoveror or Recoverors in the said Recovery or Recoveries and the Survivors and Survivor of them their and every of their Heirs and the Heirs of the Survivor of them shall immediately from thenceforth stand and be seized of and in the Premisses or of or in such part thereof whereof any such Declaration Creation Limitation or Appointment of other Vse or Vses Estate or Estates Term or Terms shall be made as is aforesaid to and for such Vse and Vses Estate and Estates intents and purposes and of such Person and Persons and in sucâ—â—ort manner and form as the said A. B. in or bâ— such Deed or Deeds Writing or Writings or bâ— his last Will and Testament in writing by him Sealed and subscribed and testified as aforesaid shall from time to time Create declare limit express or appoint and to none other use intent or purpose whatsoever These presents or any thing therein contained to the contrary thereof in any wise notwithstanding 5. Provided alwayes and it is further Another giving power to revoke Uses with exception of Leases c. hereby Covenanted granted condescended agreed published and declared by and between all and every of the aforesaid parties That the true intent and meaning as well of the aforesaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents was and is that it should and might be and shall and may be lawful to and for the said A. B. from time to time and at all times during his life by his Writing or Writings by him to be signed or sealed in the presence of Three Witnesses of credit or more to signifie or declare that his will and pleasure is That all or any of the Vse or Vses Estate or Estates in possession Reversion or remainder limited appointed raised created or implied in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and Premisses or any of them or for touching or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said Vse and Vses Estate and Estates in possession Reversion or remainder so signified or declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the intent and true meaning of the said A. B. so as aforesaid to be signified and declared other then such Lease or Exception vide Apres Sect. 9. Leases Estate or Estates or Charges which he the said A. B. shall make lay or charge of or upon any of the Premisses for satisfying of Debts or for valuable consideration in money or otherwise by force of the aforesaid Proviso in these presents before expressed And also that Raising new Uses then and from thence forth at all time and times after such signification or significations Declaration or Declarations so to be made it shall and may be lawful to and for the said A. B. at any time or times during his life so often as he shall think good by any other his Writing by him to be signed sealed and testified as aforesaid to limit create appoint and declare of for and concerning the said Mannors Lands Tenements Hereditaments and Premisses or any of them any new or other Vse or Vses to the person or persons aforesaid or to any other person or persons whatsoever and that then and from and after such new Limitation the said Recovery and Fine respectively shall be and inure And New Uses the said Recoverors in the said Recovery and Cognizees of the said Fine and their Heirs and all and every person and persons who then shall be and stand seised of and in the Premisses or any part thereof whereof such new Vse or Vses shall be declared created raised limited or appointed and his and their Heirs shall respectively stand and be seised of the same Premisses or such part thereof whereof such new Vse or Vses shall be declared limited or appointed to such use and uses of such person and persons to whom such other or new Estate or Estates Vse or Vses shall be newly declared created raised limited or appointed and for such Estate and Estates and in such manner and form and by and under such Limitations Conditions and Provisoes as shall be so newly appointed expressed or declared And for want of such Declaration or new Limitation so to be made after any such Revocation Then the said Recovery and Fine touching such of the Premisses whereof no such Declaration Limitation or appointment of Vse shall be made shall be and inure to the only use and behoof of the said A. B. his Heirs and Assigns for ever any thing herein before contained to the contrary thereof notwithstanding But it is and always was the intent of all the parties to these presents That no Revocation or new Limitation should or shall any way frustrate or make void any Lease Estate Rent or Charge made granted or charged or No Revocation or new Limitation to prejudice Leases
are in the said recited Indenture contained and set forth In which said recited Indenture there was also one Proviso contained and specified as followeth Provided always c. recite here the Proviso word for word being a power given to A. B. to revoke in case he should after have Issue Male of his Body And whereas also for the accomplishment and performance of the Covenants Grants and Agreements in the said Recital of the Feoffment recited Indenture contained the said Premisses in the aforesaid recited Indenture specified were by one Deed Indented purporting a Feoffment bearing Date c. conveyed and assured by me the said A. B. unto the said C. D. and E. F. and their Heirs unto the said intents and purposes in the said first recited Indenture mentioned and expressed and according to the true intent and meaning of the said first recited Indenture As in and by the said several recited Indentures more fully and at large it doth and may appear Now know ye That forasmuch He doth now having Issue Male revoke as I the said A. B. hath since the said settlement had Issue Male of my Body lawfully begotten being now alive at the time of then sealing and execution of these presents I have according to the power and authority to me the said A. B. by the said recited Indenture and Proviso therein specified and contained given by this my present Deed in writing under my Hand and Seal and delivered according to the purport of the said recited Proviso in the presence of two sufficient Witnesses altered changed and revoked and do by these presents alter change and revoke absolutely and in the whole all and every the Use and Uses in and by the said first recited Indenture limited and appointed of all and singular the Premisses with Th' appurtenances in the said recited Indenture specified and of every part and parcel thereof And I the said A. B. do further by these presents in such and as ample manner and form as by any Proviso or power of alteration determination or revocation of Use or Uses I may or can absolutely disanull determine and revoke all and singular forms Use and Uses by me limited or declared in or by any former Conveyance and Conveyances Assurance and Assurances whatsoever heretofore of the Premisses or any part thereof by me made and executed in such ample manner and form as if the said Use Uses or Limitations had never been had made or declared And furthermore know ye That I the said A. B. for divers good Causes and Considerations me thereunto especially moving do by these presents according to the power to me given as aforesaid limit and appoint The new Uses that the said C. D. and E. F. their Heirs and Assigns and all and every other Person or Persons which now stand or be seized of the said Premisses or any part thereof with Th' appurtenances shall from henceforth stand and be seized of the same And that all and singular Feoffments and other former Assurance and Assurances whatsoever by me made and executed thereof and of every part and parcel thereof shall be and inure and are by these presents declared to be meant and intended to be and inure to the use and behoof of me the said A. B. mine Heirs and Assigns for ever Any thing herein before contained c. CHAP. XIV The several forms of Settlements 1. THis Indenture Tripartie made c. A Covenant to levy a Fine with declaration of Uses The Consideration Between A. B. and E. his wife of the first part C. D. and E. F. of the second part and C. B. Son and Heir apparent of the said A. B. on the third part Witnesseth that the said A. B. for and in consideration of the natural love and affection which he beareth unto the said C. B. and for the better setling of the Messuages Lands and Tenements hereafter mentioned to such uses intents and purposes as are hereafter specified and the continuance of the said Premisses in the Name and Bloud of the said A. B. Doth for himself his Heirs Executors and Administrators Covenant grant and agree to and with the said C. B. his Heirs Executors and Administrators by these presents That he To levy a Fine the said A. B. and E. his wife on this side and before the Feast of c. next ensuing the Date hereof shall and will at his proper Cost and Charges by such Fine or Fines with Proclamations to be had and levyed in due form of Law as shall be devised or advised by the said C. B. or his Counsel learned in the Law convey and assure unto the said C. D. and E. F. and to the Heirs of one of them All and singular those his Messuages Lands c. 2. And it is Covenanted condescended The Uses unto concluded declared and agreed by and between the said Parties to these presents That the said Fine or Fines so to be levyed and had of the said Messuages Lands c. and other the Premisses with Th' appurtenances before in these presents mentioned and of every or any part or parcel thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and their Heirs and either of them and his Heirs of in and to the said Premisses and every part thereof thereby to be had shall be and the said C. D. and E. F. and their Heirs and the Survivor of him and his Heirs and all and every other Person and Persons his and their Heirs that shall stand or be seized thereof or of any part thereof shall stand and be seized of the same and of every part or parcel thereof to the several uses intents agreements limitations and payments and under the Provisoes and Conditions hereafter in and by these presents expressed mentioned and declared and to none other use or uses intents or purposes whatsoever that is to say To the onely use To A B. and E. B. for life remainder in Tail and behoof of the said A. B. for and during the term of his natural life without impeachment of or for any manner of Waste and from and after his Decease to the use and behoof of the said E. B. his wife for and during the term of her natural life and from and after the Deceases of the said A. B. and E. B. to the use and behoof of the said C. B. and of the Heirs Males of his Body lawfully begotten or to be begotten to be charged nevertheless and chargable with such yearly Rent or Rents and distresses for the same as shall be hereafter in these presents limited or expressed And for want of such Issue to the use and behoof of D. B. second Son of the said A. B. and of the Heirs Males of the Body of the said D. B. lawfully begotten or to be begotten and so to the other Sons of A. B. if he hath any charged nevertheless and chargable as
aforesaid And for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 3. Provided always That it shall and may Power for Tenant for life to make a Joynture be lawful to and for the said A. B. at any time or times hereafter during his natural life by his Deed or Deeds in his life time lawfully executed to assure appoint limit and convey to any lawful Wife or Wives which the said A. B. shall hereafter fortune to Marry in case he survive the said E. F. for term of the life onely of such Wife or Wives for or in the Name of the Joynture or Joyntures of such Wife or Wives one full third part or less or so much as shall amount to a full third part of all the said Messuages Lands and Premisses And also that it shall and may be lawful to and for the said A. B. To convey Rents to younger Sons during the term of his natural life by any Deed or Deeds in writing under his Hand and Seal or otherwise by his last Will and Testament in writing to grant assure limit devise and convey to every or any the younger Sons of the said A. B. of his Body lawfully begotten or to be begotten for term of the life or lives of such younger Son or Sons such yearly Rent charge or Rents charge with a Clause of Distress for every such Rent as unto the said A. B. shall be thought meet and convenient to be yearly issuing and going out of all and every the said Messuages Lands c. or any part of them from and after the decease of the Survivor of them the said A. B. and E. his wife so that the said Rent or Rents so to be granted limited or devised as aforesaid do not exceed the sum of sixty pounds per annum in the whole 4. And further that it shall and may be To make Leases to younger Sons lawful to and for the said A. B. at any Time or Times during his natural life to make any Lease or Leases unto every or any of his younger Son or Sons for the Term of one and twenty years or under in Possession or Reversion of all or any the said Messuages Lands c. whereof the said Fine or Fines before mentioned is Covenanted to be levyed by the said A. B. or any part or parcel thereof the said Lease or Leases to commence immediately from and after the decease of the Survivor of them the said A. B. and E. his wife charged and chargable nevertheless with such Rent and Rents sum and sums of Mony or payments as before or after in these presents are appointed declared or limited to be had levyed or issuing out of the Premisses or any part thereof in such sort as in these presents is mentioned and declared so that the same Lands Tenements and Hereditaments so to be Demised or Leased to any of the said younger Sons do not exceed in the whole the yearly value of c. per annum over and above the Rent or Rents reserved upon such Lease or Leases and so as upon every such Lease and Leases so to be had and made as aforesaid the old and accustomed yearly Rents Customs and Services be reserved to be yearly payable and done during the continuance of every such Lease and Leases at the Days and Times formerly used And so that the same Lease and Leases or any of them to be made as aforesaid be not without impeachment of Waste Here may be another Proviso to impower him to grant Rents to Servants c. 5. * The Fines to be and inure for payment of the Rents and advantage of the Lessees And it is Covenanted granted concluded and agreed by and between the said Parties to these presents That the said Fine and Fines so to be levyed and had as aforesaid shall be and inure and that the said C. D. and E. F. and their Heirs and the Survivor of them and his Heirs shall stand and be seized of all such Lands Tenements and Hereditaments parcel of the said Premisses which shall by vertue of these presents be limited or appointed to be charged with any Rent or Rents sum or sums of Mony or payments to any Person or Persons or which shall hereafter be Granted Leased Demised or Charged according to the intent and true meaning of these presents and according to the power liberty and authority hereby given permitted and allowed as well to the use of such Person or Persons to whom any parcel of the Premisses in these presents mentioned shall be hereafter so limited appointed demised leased granted or conveyed of such Estate and Estates and for such Term and Time as the same shall be pursuant to the said authority hereby given to be limited appointed eased granted or conveyed and under the Covenants Charges Conditions and Agreements in such Lease or Leases Deed or Deeds to be contained As also to the use and intent that every Person and Persons to whom any Rent yearly sum or payment shall be hereafter granted limited appointed or devised according to the true intent and meaning of these presents and according to the power liberty and authority allowed or given in and by these presents shall and may have receive levy and take the same and likewise distrain for such Rent and Rents sum and sums of Mony as shall fortune to be behind and not paid according to the intent and true meaning of these presents and of the several Grant or Grants Limitation or Limitations Devise or Devises Appointment or Appointments of for or concerning the same to be had or made pursuant to the power and authority hereby given as aforesaid c. 6. This Indenture tripartie c. Between The Uses declared upon a Recovery and Fine already had and levied A. B. on the first part C. D. on the second part and E. F. and G. H. on the third part Whereas the said E. F. and G. H. in the Term of Easter last past did by Writ of Entry sur disseisin en le post recover against the said C. D. all those the Mannors of A. B. C. c. and Thirty Messuages Twenty Gardens one Thousand Acres of Land c. prout en le Recovery as in and by the said Recovery remaining of Record in his Majesties Court of Common Pleas at Westminster relation being thereunto had more fully and at large it doth and may appear And whereas c. recite also the Fine if any be Now witnesseth this present Indenture That the true intent and meaning of the said A. B. and of the said Recoverors and parties to the said Recovery and also of the Cognizees of the said Fine and parties to the said Fine before and at the several and respective time and times of the suffering of the said Recovery and acknowledging and levying of the said Fine for touching and concerning the said Mannors Lands Tenements Hereditaments and
Premisses whereof the said Recovery and Fine were severally and respectively suffered levied and had as aforesaid always was and yet is that as well the said Recovery as the said Fine and all and every Fine and Fines Recovery and Recoveries and other Acts and Assurances of and concerning the said Mannors Messuages Lands Tenements Hereditaments and Premisses with the Appurtenances or of any of them at any time formerly suffered levied executed or had wherein or whereunto the said A. B. was or is any way a party and all and every the Executions of the same and every of them should and shall be and inure and be construed adjudged deemed and taken to be and inure and are hereby Covenanted granted agreed and declared to be and inure to the uses purposes and intents and under the Provisoes conditions and limitations hereafter in these presents expressed limited and declared And that the said Recoverors and either of them and all the parties to the said Recovery and takers thereby and their Heirs and all other person and persons and his and their Heirs who then were now are or hereafter shall be seised of the said Mannors Lands Tenements Hereditaments and Premisses with their and every of their Appurtenances comprised in the said Recovery should and shall stand and be seised of the said Mannors c. comprised in the said Recovery and of every part and parcel thereof with the Appurtenances to the uses purposes and intents hereafter expressed And that the said Cognizees of the said Fine and either of them and all the parties to the said Fine and the takers thereby and the Heirs of them and every of them and all and every other person and persons and his and their Heirs who at the time of the levying of the said Fine were or now are or hereafter shall be seised of the aforesaid Mannors c. comprised in the said Fine and every of them should and shall stand and be seised of the same Mannors c. Hereditaments and Premisses comprised in the said Fine and every part and parcel thereof with the Appurtenances likewise to the uses purposes and intents hereafter in these presents expressed and declared that is to say for touching and concerning To the use of A. for life after to E. his Wife for life the said Mannor of A. with the rights members Appurtenances Lands Tenements and Hereditaments thereunto belonging parcel of the said Mannors Lands Tenements and Hereditaments comprised in the said Recovery to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste And from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the natural life of the said E. B. for her Joynture and in lieu and full recompence of her Dower out of all the Mannors Lands Tenements and Hereditaments whereof the said A. B. now is or at any time was or shall be seised of any Estate of Inheritance during the coverture between him and the said E. B. And for touching and concerning all and every the other Mannors Lands Tenements and Hereditaments mentioned to be comprized in the said Recovery and Fine to the use and behoof of the said A. B. for and during the term of his natural life without impeachment of or for any manner of waste And for touching and concerning the immediate remainder of the said Mannor of A. with all the Lands Tenements and Hereditaments thereunto belonging before mentioned or meant to be limited to the said E. B. for her Joynture as aforesaid immediately from and after the decease of the said A. B. and E. B. his Wife and of the survivor of them and the immediate remainder of all and every the said other Mannors Lands Tenements and Hereditaments and every of them comprised within the said Recovery and Fine whereof there is no Use before limited or declared to the said E. B. for her Joynture to such uses purposes and intents immediately from and after the decease of the said A. B. and under such Provisoes conditions and limitations as hereafter in these presents are specified expressed limited and declared and to no other To the use of E. F G H. c for years to pay Debts c. Legacies use intent or purpose whatsoever that is to say to the use of the said E. F. and G. H. their Executors Administrators and Assigns for and during the terms and spaces of years hereafter mentioned to commence and begin as hereafter followeth viz. for touching and concerning the said Mannor of A. c. before limited to the use of the said E. B. for her Joynture for the term or space of Ten years to begin immediately from and after the Decease of the longest liver of them the said A. B. and E. his wife And for touching and concerning all the rest and residue of the said Mannors Lands Tenements and Hereditaments comprised in the said Recovery and Fine for and during the like Term and space of ten years to commence immediately from and after the Decease of the said A. B. upon Trust and confidence and for and unto the end intent and purpose That they the said E. F. and G. H. their Executors Administrators and Assigns shall and may receive perceive dispose and imploy the Rents Revenues Issues and Profits of all and every the said Mannors Lands Tenements and Premisses respectively for and during the said several terms of ten years for and towards the payment Payment of Debts and satisfaction of all such Debts and sums of Mony which the said A. B. doth now owe or hereafter shall borrow or owe or for which any Person or Persons now doth or do or hereafter shall stand ingaged for or with the said A. B. and for his proper Debt and for and towards the payment of such Legacy or Legacies and sums which the said A. B. shall by Payment of Legacies his last Will and Testament in writing to be by him signed sealed and published before three sufficient Witnesses at the least give limit ordain and appoint And from and after the end expiration surrender or other determination of the said Term or Terms of ten years and as they shall severally end and determine To the use and behoof of such Person and Persons and for such Estate and Estates as the said A. B. shall by his last Will and Testament in writing in the presence of three credible Witnesses or more limit appoint or declare and in default of such Limitation Appointment or Declaration to the use and behoof of c. Provided always c. Here may follow a Power given to A. B. to make Leases c. reserving the accustomed Rent c. 7. This Indenture Tripartie made c. Another the Uses of a Recovery as to several Mannors severally limited Between A. B. of
c. Esq and C. B. of c. Son and Heir apparent of the said A. B. and of E. B. deceased late the Wife of the said A. B. and sole Daughter and Heir of E. H. of c. deceased of the first part C. D. and E. F. of the second part And G. H. and I. K. of the third part Whereas the said A. B. is seized in his Demesue as of Fee of some part of the Mannors Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the Courtesse of England of other the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion whereof in Fee-simple being descended by and after the decease of the said E. B. unto the said C. B. Now to the end intent and purpose That the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned and expressed may be established vested and setled in and unto the said A. B. during the Term of his natural life and after his decease upon the said C. B. and upon his Name Stock and Posterity and to such other Uses as are hereby appointed 8. It is Covenanted granted condescended Covenant to levy a Fine concluded and fully agreed by and between the said Parties to these presents And the said A. B. and C. B. do for themselves their Heirs Executors and Administrators Covenant promise grant and agree to and with the said C. D. and E. F. their Heirs Executors and Administrators and to and with every of them by these presents That they the said A. B. and C. B. shall and will on this side and before the end of Michaelmass Term now next ensuing in due form of Law c. Let it be a Covenant to acknowledge a Fine Come ceo c. a Vide before Chap. 3. The use of the Fine to make Cognizees Tenants to a Precipe to G. H. and I. K. of the Mannors of A. B. C. and D. which said Fine or Fines so as aforesaid or in any other sort to be levyed and acknowledged shall be and inure and shall be deemed adjudged esteemed reputed and taken to be and inure to the use of the said G. H. and I. K. and their Heirs to the end intent and purpose that they the said G. H. and I. K. may become perfect Tenants of the Freehold of the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their appurtenances whereby one or more perfect common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following For which intent and purpose it is Covenanted and agreed by and between the said Parties to these presents That it shall and may be lawful to and for the said C. D. and E. F. to bring pursue and prosecute against them the said G. H. and I. K. one or more Writ or Writs of Entry sur disseisin en le post of and for the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their and every of their appurtenances c. b Vide before Chap. 3. as in a Covenant to suffer a Recovery The which said Common Recovery or Recoveries so as aforesaid or in any other manner to be had and suffered And all other Common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the decease of the said E. B. had made levyed suffered acknowledged or executed or to be had made levyed suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereunto they or any of them shall be Parties of for and concerning the said Mannors Messuages Lands Tenements Hereditaments and Premisses or any of them or any part or parcel of them or any of them shall be and inure and shall be adjudged deemed esteemed reputed and taken to be and inure to the uses behoofs intents and purposes and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed 9. That is to say for and concerning the The uses of the Recovery being for life with remainders over in Tail said Mannors of A. and B. c. with general words to the use of the said C. B. for and during the Term of his natural life without impeachment of or for any manner of Waste and with full power to do or commit Waste and from and after the decease of the said C. B. to the use and behoof of the said A. B. for and during the Term of his natural life and from and after the decease of the said C. B. and A. B. to the use and behoof of D. B. eldest Son of the said C. B. and of the Heirs Males of his Body lawfully to be begotten and for default of such Issue to the Remainders in Tail to 1 2 3 c. Sons use and behoof of F. B. second Son of the said C. B. and of the Heirs Males of the Body of the said F. B. lawfully to be begotten And for default of such Issue to the use and behoof of G. B. third Son of the said A. B. and of the Heirs Males of the Body of the said G. B. lawfully begotten And for default of such Issue to the use and behoof of the fourth Son of the Body of the said C. B. on the Body of M. B. his wife begotten or to be begotten and of the Heirs Males of the Body of such fourth Son lawfully to be begotten c. and so to the tenth Son And for default of such Issue to the use and behoof of all and every other Son and Sons of the Body of the said C. B. to be lawfully begotten successively one after the other and of the Heirs Males of the Bodies of every such Son and Sons severally and respectively to be begotten as they and every of them shall be in Seigniority of Age and Priority of Birth the eldest of the said Sons and the Heirs Males of his Body being ever preferr'd before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of I. B. second Son of the said A. B. and of the Heirs males of the body of the said I. B. lawfully to be begotten and for default of such Issue to the use and behoof of the Heirs of the body of the said A. B. lawfully begotten and to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said C. B. for ever 10. And as for and concerning the said Use of the Mannor in C. in trust to be sold Mannor of C. to the use and behoof of the said C. D. and E. F. and of their Heirs and Assigns for ever Upon trust and confidence nevertheless and to the end intent and purpose That they the said C. D. and E. F. and the survivor of them and his Heirs shall and
c. to enter and distrain as in a grant of a Rent And as for touching and concerning all and every the said The use of the Lands charged Messuage Lands Tenements and Premisses herein before mentioned to be granted enfeoffed and confirmed unto the said C. D. and E. F. and their Heirs It is the true intent and meaning of all the Parties to these presents That the said C. D. and E. F. and their Heirs shall stand and be seized thereof and of every part and parcel thereof to the onely use and behoof of the said A. B. his Heirs and Assigns for ever and to no other use intent or purpose whatsoever nevertheless the said Premisses to be charged and chargable with the said Annuity or yearly Rent as aforesaid CHAP. XVII Containing several Covenants used upon Vide Chap. 4. Covenants upon Settlements Marriages and in Joyntures made 1. THis Indenture made c. Between A. B. of the one part and C. D. of the other part Witnesseth That it is Covenanted granted concluded and agreed by and between the said Parties in consideration of a Marriage to be had and solemnized between C. B. Son of the said A. B. and E. D. Daughter of the said C. D. in manner and form following Covenant to pay the Portion after Marriage And first the said C. D. doth for him his Executors and Administrators Covenant and grant to and with the said A. B. his Executors and Administrators by these presents That in case the said Marriage take effect he the said C. D. his Executors or Administrators shall and will within one Month after the said Marriage had and solemnized pay or cause to be paid unto the said A. B. his Executors or Administrators as the marriage Portion of the said E. the sum of Five hundred pounds of lawful moneys of England at or in the now dwelling House of the said A. B. scituate in c. 2. And the said A. B. doth for himself his To pay a sum if he refuse the Marriage Executors and Administrators Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That in case it shall fortune that the said C. B. his Son shall refuse or disagree to the said Marriage or that the said Marriage shall not take effect and be had and solemnized within three Months next ensuing the Date hereof through the default mislike means or procurement of the said A. B. and C. B. or either of them That then the said A. B. his Executors or Administrators shall and will well and truly pay or cause to be paid unto the said C. D. his Executors or Administrators within six Months next ensuing the Date hereof the sum of One hundred pounds of lawful Moneys of England at one intire payment to and for the use of the said E. D. in case she the said E. shall so long live and for her advancement and preferment in Marriage and as an augmentation of her Portion and livelyhood 3. And the said A. B. for himself his Executors and Administrators doth Covenant and To maintain the young pair grant to and with the said C. D. his Executors and Administrators by these presents That in case the said Marriage shall take effect according to the true meaning of these presents That then he the said A. B. his Executors or Administrators shall and will well and sufficiently maintain provide for find keep and sustain the said C. B. and E. his Wife and all the Issue of their two Bodies begotten from time to time and at all times immediately from and after the said Marriage between the said C. B. and E. so had and solemnized as aforesaid during the natural life of him the said A. B. with sufficient and convement Meat Drink Lodging and House-room according to their quality and degree 4. And further that he the said A. B. shall To give or leave by Will 1000 l. and will either in the life time of the said A. B. or by his last Will and Testament leave give devise assure or pay or cause to be well and truly contented and payed unto the said C. B. or to the said E. in case she shall survive the said C. B. and the said C. B. shall happen to die during the life of the said A. B. or to the Child or Children between them to be begotten in case the said C. B. and E. shall both happen to die in the life time of the said A. B. to be equally divided between them the sum of One thousand pounds of lawful Mony of England to be payed within two years after the decease of the said A. B. at the farthest in case the same shall not be payed or satisfied in his life time 5. And that he the said A. B. shall and will To do further acts to ratifie these Covenants at any time or times during the space of two years next ensuing the Date hereof upon reasonable request and at the cost and charges in the Law of the said C. D. his Executors or Administrators make do seal deliver and duly execute all and every such further Act and Acts Thing and Things Deed or Deeds Assurance or Assurances whatsoever as shall be reasonably devised or required by the said C. D. his Executors or Administrators or his or their Counsel learned in the Law for the ratifying perfecting and sure making of the Covenants Grants Payments and Agreements before in these presents expressed and declared which on the part and behalf of the said A. B. his Executors or Administrators are to be kept performed and accomplished according to the intent and true meaning of these presents So that such Act or Acts Thing or Things Deed or Deeds Assurance or Assurances extend no farther thâ—â— to the said A. B. his Executors or Administrators or the Goods and Chattels of the said A. B. In Witness 6. And the said A. B. for himself his Executors A Covenant for to permit the Wife to make a Will and Administrators doth Covenant and grant to and with the said C. D. and E. F. the Trustees on the Womans behalf that if it fortune the said E. the intended Wife after the said Marriage had and solemnized to die and decease in the life time of the said A. B. That it then shall and may be lawful to and for the said E. at her free will and pleasure to make publish and declare one Will and Testament in Writing under her Hand and Seal and thereby to dispose will give and bequeath to any her Children Servants or Friends for their preferment or advancement any sum or sums whatsoever not exceeding in the whole the sum of Two hundred pounds of the Goods and Chattels which the said E. shall be possest of at the time of the said intended Marriage and if it fortune the said Goods or Chattels after Marriage had to be sold or otherwise disposed of by the said A. B.
15. For cestuy que Use for life or his Issue-male to make Leases so as they be not without impeachment of waste and that the present Rent be reserved Sect. 11. Like power for them to make Joyntures Sect. 12. To Lease the Lands setled on the Wife for a Joynture at a Rent mentioned in the Schedule the Wife being made party Sect. 13. Another to make Leases so as Wife be party Sect. 14 16. To make Leases at the ancient Rents chargable nevertheless with the Rents before in the Deed limited Sect. 17. Power to two cestuy que Uses for life to make Leases successively Sect. 19. A Vse limited briefly to such persons to whom cestuy que Use for life shall make Leases Sect. 20 21. Chap. 9. Rents Annuities and Portions assured out of the limitation of Vses An Annuity for charitable Vses Sect. 1 2. Another of a Rent for life with Clause of Distress and a limitation of the Land unto the Party upon failer of payment of the Rent Sect. 3 4 5 6 7. A limitation of the Land to several Vses chargable with the Rents after mentioned and after the Rents are appointed with power to distrain Sect. 8 9. Portions for Daughters to be raised out of Leases made by cestuy que Use for life according to power given him Sect. 10. A Vse for years limited to Cognizees to pay Portions with directions over if Daughters die Sect. 11 12 19. Money yearly to be allowed to the Daughters until Portions paid Sect. 13. A limitation for years to be void if Feoffor die without Daughters or after Portions paid Sect. 14 15. A limitation to Daughters for want of Issue-male to be void upon Portions paid or secured by him in the next remainder Sect. 16 17. Daughters Portions to be raised out of a Rent-Charge with cestuy que Use for life hath power given him to grant Sect. 18 19 20 21. Chap. 10. Provision taken for payment of Debts Legacies c. in the limitation of Vses A limitation for years to the Cognizees for payment of Cognizors Debts discharge of Sureties payment of Annuities to Servants and then to surrender the Estate Sect. 1. A limitation to Cognizees and their Heirs for payment of Cognizors Debts by sale and discharge of Sureties and to restore the overplus c. but if next Heir pay the Debts c. within a year then the Cognizees to convey to him Sect. â— To make sale and pay Debts mentioned in a Schedule with direction for the overplus and Cognizor to enjoy until sale Sect. 3. A limitation after Cognizors death to Cognizors Executors for years to pay Debts c. Sect. 4. For performance of Cognizors Will Sect. 5. A Vse limited to such persons as Cognizor shall appoint to pay a sum in certain Sect. 6. Chap. 11. The form of alteration of Vses upon Acts done Vpon setling other Lands on Cognizors Wife the Vse limited to her to cease with a limitation over S. 2. A Vse altered and limited to a person to whom a Rent is appointed upon default of payment S. 3 4 5. A Vse made void and a limitation over if cestuy que Use marry without Fathers consent S. 6 7 8. A limitation to the Wife to cease and a limitation over upon her claiming of Dower S. 9 10. A Vse altered upon Non-payment of a sum in gross S. 11 12 13 14 15. To alter a Vse upon payment back of a Marriage-Portion in case the Marriage take none effect S. 16. Chap. 12. Power given to Revoke Vses and limit new S. 1 2 3 4. To Revoke Vses with exception of Leases to be made by force of a power given in the same Deed S. 5 9. To Revoke old Vses and limit new as to particular persons S. 6 7. Another as to one particular Mannor S. 10. To Revoke old Vses and limit new with consent of Cognizees S. 8. Chap. 13. The forms of Deeds of Revocation and limitation of new Vses A short form S. 1. Another with recital of the power of Revocation S. 2 3. Another with a Feoffment added S. 4. Another of a Vse setled by Covenant to stand seised S. 5. Another pursuant to power given upon having of Issue S. 6. Chap. 14. The several forms of settlements of Estates By Covenant to levy a Fine and declaration of Vses with power to make Joyntures grant Rents and make Leases S. 1 2 3 4 5. Another by Vses declared upon a Fine and Recovery with provision for payment of Debts S. 6. Another by declaration of Vses of a Recovery as to several Mannors severally S. 7 8. The Vse of a Recovery for life with remainders over in Tail S. 9. Vse of a Mannor in Trust to be sold and Appointment for the disposition of the money S. 10. Proviso to make void a particular Vse upon payment of money and a limitation over S. 11. Another to give power to make Leases of a particular Mannor to pay Portions S. 13. Chap. 15. The forms of several Covenants used upon settlements of Estates to Vses To stand seised to the Vses before-mentioned in case the Conveyance prove deficient S. 1 2. That he is owner and hath power to settle S. 3 4 5. That the thing is free from incumbrances S. 6 7 8. To enjoy S. 9 10. Not to do any Act to impeach the settlement S. 11. For further Assurance S. 12 13. For settlement of Lands to be purchased S. 14. To permit Lands to descend S. 15. Chap. 16. The several forms of Joyntures before and after Marriage Before Marriage mutual Covenants that each party shall marry the other S. 1. A Joynture by way of Covenant to stand seised to Vses S. 2. Another by Covenant to levy a Fine to Vses S. 3. Vses upon a Fine to the end that the young pair shall receive a Rent during Fathers life S. 4. And a limitation of a Vse after as to the Mannors Lands c. S. 5. With a Proviso to cease a limitation to Daughters upon Portions paid S. 6. Another upon Marriage with a Widow with several Covenants relating to the Widows Children and power given to her to make a Will S. 7 8. 9 10 11 12. A Rent limited to the intended Wife in satisfaction of Dower with a limitation over of the use of the Lands S. 19 20. After Marriage by Covenant to levy a Fine to the use of Husband for life after of the Wife for life in satisfaction of Dower with remainders in Tail and a Covenant to alter the Vse upon her claim of Dower S. 13 14. Another by way of Feoffment to Vses as to several Mannors severally with a limitation for raising of Portions S. 15 16 17. A Proviso to cease the limitation to the Wife as to part if she marry again S. 18. Chap. 17. Containing several Covenants used upon Marriages and Joyntures made To pay the Marriage-Portion S. 1. To pay a sum upon refusal of the Marriage S. 2. To maintain the young pair S. 3. To
contained therein doth grant and render back to the Cognizor the lands c. or some part thereof and many times limitting thereby Remainders to persons that are Strangers and not named in the writ of Covenant This fine is partly executed partly executory and hath Proclamations and is quoad partem priorem absolutely of the same Nature with a Fine sur Cognizance de droit come ceo c. but as to the second part containing a Grant and render as aforesaid it is taken in law to be rather a private Conveyance or Charter then to have the force of a Fine which as we have before expressed is declared to be a Feoffment upon Record With this agrees the Lord Cooks exposition in 5. Rep. fo 38. where speaking of a Fine with Render he hath these words The Cognizance of a Fine and a Grant and render therein shall be expounded and taken as a Charter or other Conveyance between party and party and not as a Writ or Iudgment upon Record A Fine sur Cognizance de droit tantum ove Fine sur done grant what grant which is also called a Fine sur done grant is levyed without Proclamations executory and much of the Nature of a Fine sur Concessit and is used commonly by Tenant for life to make a surrender of the Lands contained in it to him or them that have the Reversion or Remainder thereof and so you will find it used Chap. 10. Sect. 1. and 5. of this Treatise And sometimes it is expressed by such Fine that the particular Estate is in another and that the Cognizor willeth that the other shall have the Reversion or that the land shall remain to the other after the particular Estate spent West Symb. part 2. Dyer 216. Plowd 265. Coke 3. 86. and 7. 12. Crooke 1. last published fo 693. A Fine sur Concessit is where the Cognizor is Fine sur Concessit what seised of the Lands contained therein and the Cognizee hath no Freehold therein but it passeth by the Fine it is without proclamations and executory for the Cognizee or Cognizees therein must enter and have a writ of habere facias seisinam according to their several cases for the obtaining of the possession if the parties at the time of levying such Fine sur Concessit be not in possession of the thing granted but if they be in possession at such time there needs not any such Writ or any Execution of the said Fine to put them into possession for then the Fine will enure by way of Extinguishment of Right and doth not alter the Estate or right of the Cognizee however perchance it may better it CAP. III. Of the parts of a Fine THe parts of a Fine are five viz. The writ of Covenant 2. The Composition or the Kings licence to alienate 3. The Concord 4. The Note of the Fine 5. The foot of the Fine And if it be a Fine sur Cognizance de droit come ceo c. it is requisite that a sixth be added viz. Proclamations as a necessary adjunct thereunto 1 The writ of Covenant is the original writ Writ of Covenant taken out by the Cognizee or Cognizees against the Cognizor or Cognizors to the Fine for without â—his a Fine cannot be levyed And a Fine may be levyed upon any writ of Right or other writ whereby Land is demanded or may be recovered 2 The Composition or Kings Licence to alienate Composition for which the 〈◊〉 hath a Fine or sum of mony which is called the Kings Silver and is paid in when the Land reposeth 3 The Concord or Agreement between the Concord parties that intend the levying of the Fine wherein is declared how and in what manner the things contained in the writ shall pass and as the writ of Covenant is the foundation so this is the substance of the Fine For if the Kings Fine be entered and indorsed upon the writ of Covenant by the Clerk of the Kings Silver although the Cognizor dye before the Fine comes to the Chirographer yet is the Fine good for the Note and foot of the Fine are but Abstracts taken out of this by the Chirographer 4 The Note of the Fine which is an Abstract Note of the Fine taken out of the writ of Covenant and Concord by the Chirographer before it be ingrossed and begins thus ss Inter A. B. quer C. D. deforcientem 5 The foot of the Fine includeth the whole Foot of the Fine Fine the parties to the same the thing granted the day year and place and before whom the Concord was made and this is called the foot because it is the last part of the Fine And when this is done the Fine is ingrossed of Record and the Indentures made by the Chirographer and delivered to the party to whom the Cognizance is made and then the Fine is said to be ingrossed The Proclamations made upon a Fine which although they be not the essential parts of a Fine yet as is said before are requisite to a Fine sur Cognizance de droit come ceo c. for they do make a Bar according to what doth pass CAP. IV. Who may be Cognizors and Cognizees in Fines and by what names they may give and take in a Fine SVch persons Male or Female or bodies sole or Who may be Cognizors in Fines Corporate that are capable of granting by deed may be Cognizors in Fines And so an Infant Feme covert an Ideot mad or Lunatick person one non sane memorie or that hath a Lethargy or a doting old person that wants discretion a man that is drunk or one born blind deaf and dumb a Bastard an out-lawed person or one Attainted of Treason or Felony or persons that are compelled thereto by threats and Menaces to lose their lives or members or to suffer Imprisonment and a Fine levyed by them may be good But the Iudges or Commissioners before whom Fines are to be levyed by such persons ought not to admit such unfit persons to acknowledge Fines as Madmen Lunaticks Ideots doting persons men that have the Lethargy or are drunk Infants Feâ—e Coverts and such as are forced to it by threats or Imprisonment neither ought such as are born blind deaf and dumb persons attainted of Treason or Felony and such like to be received to levy Fines But if any of these be admitted Cognizor in a Fine and such Fine be thereupon levyed in due form of law The Fine in most cases will be good and unavoidable Coke 12. 124. Lit. Sect. 731. fieri non debet sed factum valet A Fine may also be levyed by a Mayor and Commonalty and such other Corporations Civil and bodies Politick as have an absolute Estate in their possessions belonging to their Corporations if it be done together and by the joynt consent of the body Corporate For no one of the Corporation no not the head of the Corporation by himself nor any of the
ejus quod juste c. teneant T. Y. Conventionem c. de Manerio de L. L. alias L. D. cum pertinentiis ac de octo Mesuagiis uno Columbar quadringentis acris Terre sexaginta acris Prati quinquaginta acris Pasture Centum acris Bosci Centum acris Jampnorum Bruere quadraginta solidat reddit cum pertin in L. L. necnon de Rectoria de L. L. cum pertin Aceciam de omnibus omnimodis decimis quibuscunque provenien crescen seu renovan in L. L. nisi c. ET est Concordia talis scilicet quod predicti S. K. concesserunt predicto T. Manerium tenementa Rectoriam decimas predictas cum pertin Habend tenend prefato Thome Executoribus Assign suis à Festo Sancti Michaelis Archangeli ult preter it usque ad plenum terminum Nonaginta novem Annorum extunc prox sequen plenarie complend finiend si predicti S. K. aut eorum alter tam diu vixerit vel vixerint reddend proinde predictis S. K. eorum superviventi unum granum Piperis annuatim solvend ad Festum Annunciationis beate Marie Virginis durante toto termino predicto si petitum sit Et preterea iidem S. K. warant predicto T. Executoribos Assign suis predicta Manerium tenementa Rectoriam decimas predictas cum pertinentiis sicut predictum est contra predictos S. K. Heredes Assign suos duran vâ—t is ipsorum S. K. vita eorum diutius vivâ—n Et pro hac c. Sect. IX A Fine sur Done Grant with render to one of the Cognizors part of the Premises for a Month remainder to J. and R. Strangers for their lives remainder to the Son of J for life reserving Rent with Clause of Distress for non-payment with grant of the Reversion to two other of the Cognizors Somers ss PRecipe Johanni Farmer Millti Matilde â—xori ejus Roberto Hoskins quod juste c. teneant Thome Parke Johanni Kent Conventionem c. de duobus Mesuagiis uno Gardino uno Pomario viginti duobus acris Terte sex acris Prati quinquaginta octo acris Pasture cum pertinentiis in Mudford Et nisi c. ET â—st Concordia talis scilicet quod predicti Johannes Matilda Robertus recogn tenementa predicta cum pertin esse jus ipsius Thome â—t illa que iidem Thomas Johannes Kent habent de dono predictorum Johannis Farmer Militis Matilde Roberti illa remiserunt quiete clamaverunt de ipsis Johanne Farmer Milite Matilda Roberto heredibus suis prefat is Thome Johanni Kent heredibus ipsius Thome imperpetuum Et preterea iidem Johannes Farmer Matilda Roâ—ertus concesserunt pro se heredibus ipsius Johannis Farmer quod ipsi warant tenementa predicta cum pertin prefat Thome Johanni Kent heredibus ipsius Thome contra omnes homines imperpetuum Et pro hac Recogn c. iidem Thomas Johannes Kent concesserunt predicto Roberto sex acras Terre tres acr acras Prati quadraginta sex acras Pasture de tenementis predictis cum pertin illa ei reddiderunt in eadem Curia habend tenend eidem Roberto pro termino unius Mensis jam prox fâ—tur post terminum illum fiâ—itâ—m eadem sex acre Terre tres acre Prati quadraginta sex acre Pasture cum pertin integre reman cuidam Johanne modo uxori cujusdam Rogeri Newman cuidam Richardo Newman filio eor undem Rogeri Johanne Habend tenend prefat Johanne Richardo tota vita eorundem Johanne Richardi eorum alterius diutius viven Et post decessus eorundem Johanne Richardi Newman eadem sex acre Terre tres acre Prati quadraginta sex acre Pasture cum pertin integre reman Johanni Newman filio predictorum Rogeri Johanne uxoris ejus Habend tenend eidem Johanni filio tota vita ejusdem Johannis filii Reddendinde annuatim pâ—edi is Thome Johanni Kent heredibus suis Centum octo solidoâ— decem denarios ad Festa Annunciationis beate Marie Virginis Sancti Michaelis Archangeli per equales portiones annuatim solved Et si conâ—ingat annualem redditum Centum octo solidorum decem denariorum vel aliquam inde parcellam aretro fore in parte vel in toto post aliquod Festorum predictorum in quo sive quibus ut prefertur solvi debeat non solut quod tunc bene licebit prefatis Thome Johanni Kent heredibus Assign suis tam in tota vita naturali predictorum Johanne Richardi Newman modo uxoris predicti Rogeri eorum alterius diâ—tius viven quà m tota vita predicti Johannis filii in predictas sex acras Terre tres acrâ—s Prati quadraginta sex acras Pasture cum pertin in quamlibet partem parcellam inde intrare distringere districtionesque sic ibidem capt licite abinde abducere essugare asportare penes se retinere quousque de predicto annuali redditu Centum octo solidorum decem denariorum de qualibet inde parcella una cum arreragiis ejusdem si que fuerint eis plenarie fuerint satisfact persolut Et ulterius iidem Thomas Johannes Kent concesserunt predicto Roberto Hoskins duo Mesuag unum Gardinum unum Pomarium sexdecim acras Terre tres acras Prati duodecim acras Pasture resid tenementorum predictorum Et ill ei reddiderunt in eadem Curia Habend tenend eidem Roberto pro termino unius Mensis post terminum illud finit eadem duo Mesuagia unum Gardinum unum Pomarium sexdecim acras Terre tres acras Prati duodecim acras Pasture resid integre reman cuidam Richardo Newman patri predicti Rogeri Newman ac predictis Rogero Newman Johanne uxori ejus Habend tenend elsdem Richardo Rogero Johanne rota vita ipsorum Richardi Rogeri Johanne eorum alterius diutius viven Reddend inde annuatim predictis Thowe Johanni Kent heredibus suis tresdecim solidos legalis monete Anglie ad predicta Festa Annunciationis beate Marie Virginis Sancti Michaelis Archangeli per equales portiones annuatim solvend Et si contingat redditum predictum annualem tresdecim solidorum aut aliquam inde parcellam aretro fore in parte vel in toto post aliquod Festum festorum predictorum in quo uâ—prefertur solvi debeat non solut quod tunc bene licebit prefat Thome Johanni Kent in predicta duo Mesuagia unum Gardinum unum Pomarium sexdecim acras Terre tres acras Prati duodecim acras Pasture resid cum pertinentiis Et in quamlibet inde parcellam intrare distrinâ—â—â—e districtionesque sic ibidem capt abinde abdâ—cere effugare asportaâ—e penes se retinere â—uousque de predict annuali redditu tresdecim soâ—â—dorum unacum
c. ss Tenens in propria persona vocat ad War Humfridum Mumford generosum qui presens vocat Edmundum Clent Ad. Barram ss North't ss PRecipe Obadie Kentiso Juniori generoso The like Treble Voucher Whereby you may understand how to place the parcels according to the Method used in the Register Michaeli Aldridge generoso quod juste c. reddant Josepho Allen Armigero Manerio de S. K. E. D. cum pertin ac quadraginta Mesuagia viginti quatuor Tofta sexdecim Molendina viginti Columbaria quadraginta Gardina duas Mille acras Terre tres Mille acras Prati quatuor Mille acras Pasture tres Mille acras Bosci decem Mille acras Jampnorum Bruere quinque Mille acras More duas Mille acras Marisci salsi Mille acras Marisci frisci quatuor librat reddit ac reddit duarum librarum dimid unius libre Piperis unius grani Piperis cum pertinentiis in R. L. G. S. G. J. H. E. Necnon Advocationem Ecclesie de K. que clam c. ss Tenentes in propriis personis vocant ad War Johannem Grantham Sen. generosum qui presens in propria persona vocat ad War Galfridum Weston generosum qui similiter presens in propria persona vocat Edmundum Clent ss Mes â—â—gium Toft nm Mol. endinum Col. nmbare Gar. dinum Terr â— Nota. If you place your parcels in Precipes according to these Verses you will never erre The Exemplification of a Recovery with double Voucher where the Parties appear in person at Bar. Pra. tum Pas tura Bos cus Brue ra Mora. Junca riâ— Maris cus Alne tum Pis caria Red. ditus Sectare priora ss CArolus Dei gratia Anglie Seotie Francâ—e Hibernie Rex fidei defensor c. Omnibus ad quos presentes litere nostre pervenerint salutem Sciatis quod inter Placita terre irrotulata apud Westm coram Thoma Richardson Milite Sociis suis Justicâ— postris de Banco de Termino S. Michaelis Anno Regni nostri tertio Rotulo vicesâ—mo continetur Sic Hertf. ss C. R. gen J. R. gen in propriis personis suis petunt versus G. C. gen unum Mesuagium c. And so set forth the whole Recovery verbatim according to the Precedent next following of a Recovery with single Voucher unto the end of these words Prout per breve illud sibi preceptum fuit c. And then conclude it thus Que omnia singula ad requisitionem predict A. tenore presentium duximus exemplificand In cajus rei Testimonium Sigillum nostrum ad Brevia in Banco predicto sigilland Deputat prefentibus apponi fecimus Teste Thoma Richardson apud Westm vicesimo octavo die Novembris Anno Regni nostri tertio You must Teste your Exemplification after the Nota. return of the Writ of Seisin But if there be not fifteen daies between the return of the Writ of Entry or the Writ of Summons and the End of the Term Then must the Writ of Seisin be returnable Indilate And the Exemplification must bear Teste the last day of the Term in which the Writ of Entry or Summons came in Observanda In every Recovery four things are principally to be regarded viz. First The Demandant who is Plaintiff in the Writ of Entry and may be called the Recoverer Secondly The Tenant of the Land who is Defendant to the Writ of Entry and in regard the Land is recovered against him he may not improperly be termed the Rocoveree Thirdly The Vouchee being that person who is vouched by the Tenant or he whom the Tenant calleth to warranty for the Lands demanded in the Count. Lastly The Land it self which is to be recovered being the subject matter of a Recovery which you must be very careful and exact to place Regularly according to the course used by the Cursâ—tors and the directions above given In a Recovery with double Voucher you must either by a Fine sur Cognizance de droit come ceo c. or by a Deed of Feoffment or Bargain and Sale inrolled or Lease and Release make him you intend to be Tenant at the time of the Writ of Entry brought For every Writ of Entry must alwaies be brought against him that must be a perfect Tenant of the Freehold of the Land demanded at the return of the Writ Because the Estate of the Tenant in Tayl which is the Vouchee is barred in respect of the Asseâ—z onely which are or may be recovered in value and of Execution sued by the Tenant against him If Tenant to a Recovery have but an Estate for life or be Tenant in Dower or by the Courtesse of England it is requisite for the strengthning of his Recovery that he make a Conditional * The form of which Surrender see at the end of this Treatise Surrender of his Estate to him in the Reversion or Remainder to the end he may be a present Tenant of the Inheritance and then to bring the Writ of Entry against him and after that the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his term notwithstanding such Surrender ss Hertf. ss C. R. generosus J. R. generosus in A Recovery with single Voucher propriis personis suis petunt versus G. C. generosum unum Mesuagium unum Toftum unum Molendinum unum Gardinum triginta acras Terre viginti acras Prati â—uadraginta acras Pasture Centum acras Bosci cum â—ertin in H. ut jus hereditatem suam in que idâ—â— Galfridus non habet ingressum nisi post disseisiâ—â—m quam Hugo Hunt inde injuste sine judicio fecit â—esatis Carolo Johanni infra triginta Annos c. Et unde dicunt quod ipsimet fuerunt seisiti de teâ—mentis predictis cum pertin in dominico suo uâ— de feodo jure tempore pacis tempore domini Regis nunc capiend inde exples ad valentiam c. Et in que c. Et inde producunt sectam c. Et predictus Galfrid in propria persona sua venit defendit jus suum quando c. Et vocaâ— inde ad warantizand Edmundum Clâ—nt qui presens est hic in Curia in propria persona sua Et gratis tenementa predicta cum pertin ei War c. Et super hoc predicti Carolus Johannes petunt versus ipsum Edmundum tenentem per warant suam tenementa predicta cum pertin in forma predicta c. Et unde dicunt quod ipsimet fuerunt seisiti in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiend inde explesias ad valentiam c. Et in que c. Et inde producunt sectam c. Et predictus Edmundus tenens per Warantiam suam defend it jus suum quando c. Et dicit quod predictus Hugo non disseisivit prefatum Carolum