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.
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.
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
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
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
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
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
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
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
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
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
And the said A. â— and E. his wife shal thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear gratis and after imparlance had shall make default and depart in contempt of the Court whereby one common Recovery shall or may be had or suffered against them the said A. B. and E. his wife of and for the said Mannor according to the usual course of common Recoveries for assurance of Lands and Tenements in such Cases used aâ—d accustomed c. 19. This Indenture c. Between A. B. and An other by Tenents for life he in revertion in London E. his wife and C. D. on the one part and E. F. on the other part Whereas the said A. B. and E. his wife in right of the said E. do now hold and are lawfully 〈◊〉 to hold and enjoy for aâ—d during the natural life of the said E one Messuage c. The Revertion of which said Messuage with the Appurtenances from and after the decease of the said E. doth lawfully belong unto the said C. D. and the Heiâ—s of his Body Now Witnesseth these presents That it is covenanted granted concluded and agreed by and between the said Parties for themselves and their Heirs that the said A. B. and E. his wife and the said C. D. shall before the Feast of c. now next coming permit and suffer the said E. F. in and by a Writ of Right Patent according to the Custom of the said City of London in due form of Law with single or double Voucher or Vouchers to Recover against them the said A. B. and E. his wife and the said C. D. the said Messuage or Tenement aâ—d all other the Premisses with the Appurtenances in such manner and form as by the Council learned in the Law of the said E. F. shall be reasonably devised or advised c. 20. This Indenture made c. Between A. Another in London with double Voucher B. of London Gentleman on the first part and C. D. and E. F. Citizens and Grocers of London on the second part and G. H. and I. K. of c. on the third part Witnesseth That it is covenanted granted concluded and agreed by and between all the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said G. H. and I. K. and either of them their and either of their Heirs Executors and Administrators by these presents That he the said A. B. shall and will within one month next ensuing the Date of these presents make and execute or cause to be made and executed unto the said C. D. and E. F. a good perfect and absolute Estate in the Law in Feesimple of and in all those Messuages c. lying and being in the Parish of c. London and also of and in the Revertion and Revertions of all and singular the Premises to the end intent and purpose that the said C. D. and E. F. and their Heirs may stand and be seised of the said Premisses and become perfect Tenents of the Freehold thereof so that within two months next after the making and execution of the said Estate to them the said C. D. and E. F. as aforesaid the said G. H. and I. K. or the Survivor of them shall and may bring and pursue the Kings Majesties Writ of Right Patent out of his Highness Court of Chancery against the said C. D. and E. F. or the Survivor of them to be directed to the Major and Sheriffs of the City of London By which Writ of Right Patent the said G. H. and I. K. or the Survivor of them in the Guild Hall of the said City before the said Major and Sheriffs in the Court of Hustings according to the custom of the said City shall demand against the said C. D. and E. F. or the Survivor of them The said Messuages or Tenements and all and singular other the Premises with the Appurtenances by such names or quantities as shall be reasonably devised or advised by the Council of the said G. H. and I. K. or the Survivor of them Unto which said Writ the said C. D. and E. F. ot the Survivor of them shall appear gratis and after declaration and defence made thereupon shall vouch to warranty the said A. B who shall appear gratis and enter into the warranties and vouch over to warranty the common Vouchee who shall appear gratis and imparle and after make default in contempt of the Court whereby Judgment shall be given in the said Writ for the said G. H. and I. K against the said C. D. and E. F. and for the said C D. and E. F. to recover in value against the said A. B. and for the said A. B. to recover over in value against the said common Vouchee and Execution thereof shall be had and sued in such sort that a perfect Recovery with double Vouchers shall be had and duly executed of all and singular the Prâ—mises c. 21. This Indenture c. Between A. B. of To suffer a Recovery of Lands in Antient demeasne with double Vouchers the Tenent to the precipe being made by Fine the first part C. D. of the second part vide sect 6. of this Chapter and make such recital as is there and add the Covenant there to levy a Fine from A. B. to C. D. and then add as followeth Which said Fine so or in any other manner to be levied and acknowledged of the Premises between the said Parties shall be and shall be construed and taken to be to and for the use of the said C. D. and his Heirs to the only intent and purpose that the said C. D. may stand and be full and perfect Tenent of the said Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be levied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the Messuages Lands and Premises against the said C. D. and his Heirs according to â—he true intent and meaning of these presents and of the Parties thereunto And it is covenanted granted concluded and agreed by and between all the Parties to these presents That he the said E. F. at his own proper cost and charge shall and will before the Feast of c. now next ensuing the Date hereof purchase or cause to be purchased one or more Writ or Writs of Right Close directed to the Judges Bailiffs or others that have Power to hold Plea in suits Real arising within the said Liberty and shall prosecute the said Writ or Writs in the nature of his Majesties Writ or Writs of entry sur disseisin en le post at the common Law after the manner and course of common Recoveries there used and accustomed against the said C. D. and shall thereby demand against the said C. D. the said Messuages Lands Hereditaments and
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
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
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
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
B. and M. his Wife to the use and behoof of the said A. B. for and during the term of his natural life And from and after his decease to the use of c. 13. Provided always and the true intent Power to make Leases for Portions for Daughters and meaning of these presents is That it shall and may be lawful to and for the said C. B. at any time or times after the decease of the said M. B. in case he shall happen to survive her during his natural life by his Deed or Deeds Indented by him duly executed in the presence of two or more credible Witnesses to make one or more Lease or Leases for one two or three lives or one and twenty years or under of the said Mannor of D. or any part thereof under such Rent Rents Reservations and Covenants as he shall think fit to any Person or Persons whatsoever upon Trust for the raising of the several Portions herein after mentioned for such Daughter or Daughters as the said C. B. shall happen to have and not otherwise provided for that is to say If one Daughter then for the raising of Five hundred pounds for that Daughter and if more Daughters then for the raising of Three hundred pounds a piece for each and every one of the said Daughters to be payed them at their several and respective Ages of one and twenty years or Days of Marriage which shall first happen And that all and every such Lease or Leases Demise or Demises Grant or Grants to be made as aforesaid shall stand and be good and effectual in Law to all The Recovery to be to the use of the â—essees intents and purposes And the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered shall be and inure and the Recoveror or Recoverors therein named or to be named his and their Heirs shall stand and be seized of and in such and so much of the said Mannor of D. as shall be so Demised or Leased to the use of such Person and Persons his and their Executors Administrators and Assigns to whom such Demise or Demises Lease or Leases Grant or Grants shall be made as aforesaid CHAP. XV. The forms of several Covenants used upon Settlements of Estates to Vses 1. ANd it is Covenanted granted concluded To stand seized of such Lands whereof deficiency shall be in the Conveyance to the uses before This may be good where there is consideration of bloud and agreed by and between all and every the said Parties to these presents for the Consideration aforesaid That in case any of the said Mannors c. intended to be comprised in the said Fine or Fines Recovery or Recoveries shall be omitted or left out and not be comprised in the Fine or Fines Recovery or Recoveries or in case there shall happen to be any defect in the assurance of the Premisses or any part thereof according to the intent and true meaning of these presents That then they the said A. B. and C. B. their Heirs and Assigns and all and every other Person and Persons which now are or hereafter shall be seized of and in such the said Mannors c. as shall be so omitted or left out and not comprised as aforesaid or whereof such Fine or Fines Recovery or Recoveries shall not be levyed and had or whereof the assurance hereby intended to be made shall be any way defective shall stand and be seized thereof and of every part and parcel thereof with their and every of their Appurtenances and of the Reversions thereof to the uses and for the several and respective Estate and Estates thereof hereby and herein before severally and respectively limited unto the Person or Persons before named and every of them under the several Provisoes herein before mentioned and to none other uses intents or purposes whatsoever 2. And it is Covenanted granted and agreed Another by and between all and every the said Parties to these presents for them and every of them their and every of their Heirs That the said A. B. his Heirs and Assigns and all and every other Person and Persons and their Heirs which from and after the said Feast of c. next coming shall stand and be seized of all or any the said Mannors c. and other the Premisses before mentioned with Th' appurtenances or any part or parcel thereof and which before the said Feast of c. next coming after the Date hereof shall be not well and sufficiently by Fine Recovery or otherwise conveyed and assured to the several uses purposes and intents before in these presents mentioned or whereof no such Fine or Fines Recovery or Recoveries as is aforesaid shall be before the said Feast Day of c. as aforesaid had levyed knowledged and suffered of and in every part and parcel thereof according to the intent and true meaning of these presents shall at all time and times from and after the said Feast of c. for the consideration herein before expressed stand and be seized of and in the same and every part thereof to the several uses purposes and intents before in and by these presents expressed limited and appointed and in such sort manner form quality degree nature and Condition and of and for such Estate and Estates and under and upon such Provisoes Limitations and Authorities according to the true intent and meaning of these present Indentures in such ample large and beneficial manner and form to all intents constructions and purposes as the same should or ought to have grown been raised or taken any effect in case the said several Fine and Fines Recovery and Recoveries so before in and by these presents Covenanted mentioned intended or agreed to be had levyed knowledged or suffered had been perfectly had and executed according as is before in these presents expressed 3. And the said A. B. for himself his That he is Owner and hath Power to convey to the Uses c. Heirs Executors and Administrators doth Covenant and grant to and with c. That he the said A. B now is and at the time of making and executing of the said Conveyances and Assurances shall be the true and perfect owner of the said Messuages Lands Tenements and Hereditaments with Th' appurtenances and shall be then thereof lawfully seized in Possession of an absolute Estate in Fee-simple and shall then have full power Right Title and Authority to pass convey and assure the Premisses with Th' appurtenances to the uses and according to the effect aforesaid 4. And the said A. B. for himself his Heirs Executors and Administrators doth Another Covenant and grant to and with the said C. D. and E. F. their Heirs and Assigns and to and with every of them by these presents That for and notwithstanding any act or thing whatsoever done or to be done or suffered by the said A. B. to the contrary he
appointed or declared shall or lawfully may quietly and peaceably have hold occupy and enjoy the said Premisses with the Appurtenances and every part and parcel thereof according to the true meaning of the Uses before declared and the Assurances hereafter to be made and passed in that behalf without any let suit vexation hinderance expulsion eviction interruption or trouble of the said A. B. his Heirs or Assigns or any other person or persons whatsoever lawfully claiming from by or under him or them or by his or their means assent command or procurement 11. And that he the said A. B. shall not at Not to do any act to impeach the Settlement any time or times hereafter make do assent unto acknowledge execute or willingly suffer any manner of Estate Conveyance Assurance Act Thing Matter or Devise whatsoever whereby or by reason whereof the uses and Estates before declared or any of them for touching or concerning the said Mannor Messuages Lands and Tenements or any part or parcel thereof shall or may be discontinued cut off debarred overthrown or made void or whereby the said E. B. or any of the said Sons or any Heir of any of their Bodies lawfully begotten or the Heirs of the Body of the said C. B. upon the Body of the said M. B. lawfully begotten or to be begotten shall or may by any means be defeated defrauded excluded or disinherited of the Premisses or any part or parcel thereof or of any Use or Estate hereby to him them or any of them appointed limited or intended or to be contained or mentioned in any of the said Conveyances or Assurances contrary to the true meaning of these presents or whereby or by reason whereof the said A. B. shall or may in any sort or degree be disabled perfectly sufficiently and surely to make pass convey and assure the said Mannor Messuages Lands and Tenements or any part or parcel thereof according to the Uses and Limitations in these presents expressed or declared and according to the purport intent and true meaning hereof 12. And the said A. B. for himself his For further Assurance Heirs Executors and Administrators doth Covenant promise and grant to and with the said C. D. and E. F. their Heirs and Assigns by these presents That he the said A. B. and his Heirs and all and every other Person and Persons lawfully claiming or to claim by from or under him except such as shall or may claim by or under the Leases before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the Costs and Charges in the Law of the said C. D. and E. F. or either of them their or either of their Heirs or Assigns make do acknowledge suffer and execute All such further Act and Acts Thing and Things Assurance and Assurances in the Law whatsoever for the further and better assuring of the said Premisses and every part thereof to the uses intents and purposes aforesaid as by them the said C. D. and E. F. or either of them their or either of their Heirs or Assigns or their or either or any of their Counsel learned in the Law shall be in that behalf reasonably devised or advised and required And that all Fines and other Assurances at any time hereafter to be had levyed suffered or executed of the Premisses or any part thereof by or between the said Parties or any of them shall be and shall be adjudged deemed and taken to be to the uses intents and purposes in these presents mentioned limited and declared and to no other use intent or purpose whatsoever 13. And the said A. B. for himself his c. Another doth Covenant and grant to and with c. That he the said A. B. his Heirs and Assigns shall and will from time to time and at all times hereafter within the space of seven years next ensuing the Date of these presents at and upon every reasonable request and at the only cost and charges in the Law of the said c. and either of them their and either of their Heirs or Assigns further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered All and every such further and reasonable Act and Acts Thing and Things Devise and Devises Assurance and Assurances in the Law whatsoever for the further better and more perfect assuring surety and sure making setling and conveying of the said Mannor c. and of every part and parcel thereof with Th' appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof and of every part and parcel thereof in and by these presents limited expressed appointed and declared and under the Conditions Provisoes and Limitations before mentioned and declared Be it by Fine or Fines Recovery or Recoveries with single or double Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled or by any other ways or means whatsoever as by the said C. D. and E. F. or either of them their or either of their Heirs or Assigns or their or either or any of their Counsel learned in the Law shall be reasonably devised advised or required so as the said A. B. his Heirs or Assigns or any person or persons whatsoever that ought to do or suffer such Act or Acts be not compelled to travel from the place of his or their abode 14. And the said A. B. for himself c. doth For settlement of Land to be purchased Covenant c. that in case the said A. B. or any other to his use shall at any time hereafter happen to purchase any Lands Tenements or Hereditaments of any Person or Persons whatsoever during the life of the said C. B. the Son That then the said A. B. shall cause and procure all such Lands Tenements and Hereditaments which shall be so purchased as aforesaid to be sufficiently conveyed and assured to the use of the said A. B. and C. B. for and during the Term of their natural lives and the life of the longest liver and Survivor of them and after their decease to the use and behoof of the Heirs of the Body of the said C. B. on the Body of the said M. B. lawfully to be begotten and for default of such Issue to the use and behoof of the said A. B. his Heirs and Assigns for ever and to none other use intent or purpose whatsoever 15. And also that he the said A. B. shall To permit 〈…〉 Lands to descend and will permit and suffer all and singular those his Messuages c. in the County of M. which D. B. his Uncle deceased did in his life time give grant convey and assure to him the said A. B. lawfully to descend come and remain immediately after the Decease of the said A. B. to the said C. B. and his Heirs And that
make account to the Mother the said C. D. and E. F. and the Survivor of them shall from time to time when he or they shall be thereunto required by the said E. yeild and make unto the said E. a just true and perfect account of the said increase or profit arising or growing from or by the said Childrens Portions or sums of Mony In witness c. 13. This Indenture made c. Between A. B. and E. his wife on the one part and C. Joyntures after Marriage had D. and E. F. on the other part witnesseth That for and in consideration of a Marriage lately had and solemnized between the said A. B. and the said E. Daughter of the said C. D. and in performance and accomplishment of such Articles and Agreements that passed and were made upon Consideration the Conclusion of the said Marriage And for the making and assuring of a competent Joynture to and for the said E. in case she shall happen to over-live the said A. B. He the said A. B. for himself his Heirs Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his Wife c. To levy a Fine to C. D. and E. F. sur Cognizance Covenant to levy a Fine de droit come ceo c. of Messuages Lands c. 14. And it is the true intent and meaning of all the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That the said Fine so to The uses be had and levyed as aforesaid of the said Messuages Lands c. shall be and inure and the said C. D. and E. F. and the Survivor of them his and their Heirs shall stand and be seized thereof and of every part and parcel thereof to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life and from and after his decease to the use and behoof of the said E. for and during the term of her natural life for her Joynture and in full For a Joynture and in satisfaction of Dower satisfaction of all such Dower as she the said E. may hereafter have or claim of or out of any Lands Tenements or Hereditaments whereof the said A. B. now is or shall be at any time seized of any Estate of Inheritance during the Coverture between the said A. B. and the said E. And from and after the decease of the said A. B. and E. and the Survivor of them To the use and behoof of the Heirs Males of the Body of the said A. B. on the Body of the said E. lawfully to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever with usual Covenant Then add this Covenant And it is further Covenant to alter the use to the Wife upon her suit for Dower Covenanted granted concluded and agreed by and between the said Parties to these presents That if the said E. after the death of the said A. B. in case she shall happen to over-live him shall disagree to and refuse to accept of the said Messuages and Lands hereby setled on her as aforesaid for and in name of her Joynture and shall commence or sue any Action at Law or Suit for any Lands Tenements or Hereditaments which were the Inheritance of the said A. B. during the Coverture between them for her Dower or upon her Title of Dower That then and from thenceforth from and after the commencement of such Action or Actions Suit or Suits the Uses or Estates herein before limited shall cease determine and be utterly void and then and from thenceforth the said C. D. and E. F. shall stand and be seized of all and every the Premisses aforesaid to the use and behoof of the said A. B. his Heirs and Assigns for ever This Indenture or any thing herein before contained to the contrary thereof in any wise notwithstanding 14. This Indenture c. Between A. B. Another after Marriage by way of Feoffment to uses Consideration of the one part and C. D. E. F. and G. H. of the other part Witnesseth that the said A. B. for and in consideration of a Marriage heretofore had and solemnized by and between the said A. B. and E. his now wife and for the setling of a competent Joynture on the said E. if she shall happen to survive and overlive the said A. B. and for the setling assuring and conveying of all and singular the Mannors Lands Tenements and Hereditaments hereafter mentioned with their and every of their Appurtenances in the Name and Bloud of the said A. B. for so long time as it shall please Almighty God and to the several uses intents and purposes and in such manner and form as hereafter in and by these presents is expressed mentioned and declared and according to and in pursuance of a certain Agreement between the said A. B. and G. H. I. K. c. before the said intermarriage had and made and also for divers good Causes and Considerations him hereunto especially moving Hath granted aliened released enfeoffed and confirmed and by The Feoffment these presents doth grant alien enfeoff release and confirm unto the said C. D. E. F. and G. H. All those his Mannors of A. and B. c. and the Reversion and Reversions Remander and Remainders thereof and of every part and parcel thereof To have and to hold the said Mannors c. and all and singular other the Premisses hereby conveyed and assured or mentioned or intended to be conveyed and assured with their and every of their Rights Members and Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof unto the said C. D. E. F. and G. H. their Heirs and Assigns for ever 15. To the several uses intents and purposes and upon the Trust and confidence and The uses of the Mannor of A. under the several Provisions Conditions and Limitations hereafter in and by these presents expressed limited and declared and to none other use intent or purpose whatsoever that is to say As to for and concerning the said Mannor of A. c. To the use and behoof of the said A. B. for and during the term of his natural life without To A. B. for life after to his Wife for life for a Joynture To 1. 2. 3 c. Sons in Tail impeachment of or for any manner of Waste And from and after his decease to the use and behoof of the said E. his Wife and her Assigns for
and during the term of her natural life for her Joynture and in lieu and recompence of her Dower and Title of Dower And from and after the several deceases of them the said A. B. and E. his wife Then to the use and behoof of the first a If they have any Sons time of the limitation they are to be named Son of the Body of the said A. B. on the Body of the said E. lawfully begotten or to be begotten and of the Heirs Males of the Body of such first Son lawfully to be begotten And for default of such Issue to the use and behoof of the second Son of the Body of the said A. B. on the Body of the said E. lawfully begotten or to be begotten and of the Heirs Males of the Body of such second Son lawfully to be begotten c. and so even to the Tenth Son And for default of such Issue to the use and behoof of every other Son and Sons of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten and of the Heirs Males of the Body of every such Son and Sons lawfully to be begotten according to their seigniority of Age and priority of Birth the elder Son and the Heirs Males of his Body being always preferr'd before the younger Son and the Heirs Males of his Body And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever And as to for and concerning the said Mannor of B. c. and all other the Messuages Lands Tenements The uses of the Mannor of B Hereditaments and Premisses with their and every of their Appurtenances whereof no Use or Uses is or are before herein limited To the use and behoof of the said A. B. for and during the term of his natural life without impeachment of or for any manner of Waste and from and after his decease to the use and behoof To A. for life after to the Feoffees for years in trust of the said C. D. E. F. and G. H. their Executors and Assigns for and during the term of one and twenty years to commence immediately from and after the decease of the said A. B. and from thence next ensuing and fully to be compleat and ended upon trust and confidence and to the uses intents and purposes hereafter in and by these presents expressed limited and declared And The use limited after the term from and after the end expiration or other determination of the said term of one and twenty years To the use of such Person and Persons for such Estate and Estates and in such manner and form as the said A. B. by his Deed or Deeds in writing sealed and executed in the presence of three or more credible Witnesses shall in his life time declare limit or appoint And in default of such Declaration Limitation or Appointment Then to the use and behoof of the right Heirs of the said A. B. 16. And the true intent and meaning of The Declaration of the Trust these presents is and the special Trust and confidence in them the said C. D. E. F. and G. H. their Executors and Administrators hereby reposed as to the said Estate for years to them limited as aforesaid is That in case the said A. B. shall depart this life having at the time of his decease one two or more Daughter or To pay Daughters Portions Daughters of his Body on the Body of the said E. lawfully begotten then living and unprefer'd in Marriage or leaving the said E. with Child of one or more Daughter or Daughters who after shall be born alive That then the said C. D. E. F. and G. H. the Survivors and Survivor of them and the Executors or Administrators of the Survivor of them shall and will out of the Rents Issues and Profits of the said Mannor of B. and other the Premisses so to them limited as aforesaid for years raise and levy so soon as conveniently may be for the Portion or Portions of such Daughter or Daughters which he the said A. B. shall leave at his decease unpreferred as aforesaid and with which he shall leave with Child the said E. as aforesaid viz. If there be but one the sum of Two thousand pounds of good and lawful Mony of England to be paid unto her at her Age of eighteen years or Day of Marriage which shall first happen or so soon as the said sum of Two thousand pounds can be raised and if there be two Daughters the sum of One thousand pounds a piece or if there be three or more Daughters the sum of Three thousand pounds in the whole to be equally divided between the said Daughters share and share like All and every the said sums to be payed unto the said Daughters severally and respectively at their several and respective Ages of Eighteen years or their several and respective Marriages which of them shall first happen or so soon as the same can be conveniently called as aforesaid in which respect the elder Sister is to be prefer'd in payment before the younger unmarryed And in case any of the said In case any of the Daughters die her part to go to the Survivors Sisters shall happen to die before her or their Marriage or Age of Eighteen years That then such part or proportion of the said Sister or Sisters so dying shall accrue and come unto the surviving Sister if but one and if more then one survive then unto the Sisters so surviving to be equally divided between them share and share like And upon this further trust and confidence that if it shall happen the said A. B. to die leaving onely one Daughter or two or more Daughters of his Body on the Body of the said E. begotten then living or afterwards to be born as aforesaid And that such Daughter or Daughters shall all happen to die before she or How the sums shall be disposed if all the Daughters die they shall be Marryed or accomplish the several and respective Ages of Eighteen years as aforesaid That then and in such case the said several sum and sums of Mony intended for the Portion or Portions Advancement or Advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or â—evyed out of the Rents Issues and Profits of all or any of the Premisses all charges and expences bring defrayed wherein a full and liberal allowance shall be made and given shall be satisfied and payed unto such Person or Persons as the said A. B. by any writing under his Hand and Seal subscribed and sealed in the presence of two or more credible Witnesses shall limit and appoint and in default of such Limitation and Appointment to the Executors or Administrators of the said A. B. And
upon this further Maintenance allowed to the Daughters until Portions paid trust and confidence 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 Administrators shall out of the Rents Issues and Profits of the said Mannor of B. c. and Premisses so to them limited for raising of Portions no aforesaid with their and every of their Appurtenances levy and pay or cause to be levyed and payed to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Fifty pounds per annum and if there be two or more Daughters the sum of Thirty pounds per annum a piece until such Daughter or Daughters respectively shall attain to her or their Age or Ages of Eighteen years or shall be Marryed and her or their Portions payed as aforesaid 17. Provided always and it is the true intent and meaning of these presents and of all If A B. die without Daughters the limitation for years to cease the Parties hereunto 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 born alive That then the Estate so limited as aforesaid to the said C. D. E. F. and G. H. for one and twenty years shall cease determine and be utterly void Provided also That from and immediately after such After the Portions raised the Estate limited for years to cease time or times as the aforesaid C. D. E. F. and G. H. their Executors or Assigns shall or might have levyed and raised the said several sums for Portions and present maintenance of such Daughter and Daughters as aforesaid that then the said Estate for years limited to them in trust as aforesaid shall cease determine and be utterly void And the said Mannor of B. and all and singular other the Premisses so to the said C. D. E. F. and G. H. limited for years in trust as aforesaid shall immediately go and be to such Person and Persons to whom the Reversion or Remainder of the Premisses shall belong and appertain 18. Provided always and upon this further The limitation to Wife as to a 5th part to be altered upon her second Marriage Condition and to the further use intent and purpose That if the said A. B. happen to depart this life leaving one Son or more of his Body on the the Body of the said E. lawfully begotten And the said E. do him survive and do afterwards intermarry or take another Husband That then from and immediately after such Marriage as aforesaid As for and concerning one fifth part of the said Mannor of A. c. the whole in five parts being divided before in and by these presents limited and appointed or mentioned to be limited and appointed to and for the Ioynture of the said E. the use and Estate thereof limited and appointed as aforesaid to the said E. shall cease determine and be utterly void and that then and from thenceforth the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Heirs and Assigns shall stand and be seized of the said fifth part of the said Mannor of A. c. immediately from and after the said intermarriage to the use and behoof of the said Son or of the eldest Son in case there be more for and during the term of the natural life of the said E. Any thing herein before contained to the contrary thereof in any wise notwithstanding Here may be added a Covenant to alter the use to the Wife in case of Usual Covenants her suit for Dower vide Sect. 13. in this Chapter and also Covenants that A. B. is seized in Free and hath authority to assure the Premisses to the uses before and to make further assurance vide Chap. 14. and also a Power to A B. to revoke all the uses except what is limited to his Wife vide Cap. 11. 19. This Indenture c. Between A. B. on A Rent setled on the intended Wife for satisfaction of Dower Consideration the one part and C. D. and E. F. on the other part Whereas a Marriage is by the grace of God to be shortly had and solemnized between the said A. B. and E. D. Daughter of the said C. D. Now witnesseth this present Indenture that for the absolute and perfect Ioynture of her the said E. D. in case the said Marriage take effect and for and in recompence barr and full satisfaction and discharge of all and singular the Dower or Title of Dower which the said E. D. shall or may have or lawfully claim of in or to the Lands Tenements or Hereditaments of the said A. B. he the said A. B. hath given granted enfeoffed and confirmed and doth by these presents give grant enfeoff and confirm unto the said C. D. and E. F. their Heirs and The Feoffment Assigns for ever All that c. To have and to hold the said Messuage Lands Tenements and Premisses and every part and parcel thereof with their and every of their Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever To the uses intents and purposes hereafter mentioned that is to say To The uses to charge the same with a Rent the use end and intent that the said E. D. in case the said Marriage take effect may immediately from and after the decease of the said A. B. if she happen to survive him have perceive and take out of the said Messuage Lands Tenements and Premisses for term of her natural life One annual Rent or yearly sum of One hundred pounds per annum of good and lawful Mony of England at two days or Feasts in the year that is to say At the Feast of Thâ—â—nnunciation of St. Mary the blessed Virgin and the Feast of St. Michael Thâ—archangel by even and equal portions the first payment thereof to begin at such of the said Feasts as shall next and immediately happen from and after the decease of the said A. B. To have perceive and enjoy the said Annuity or yearly Rent of One hundred pound per annum from and after the decease of the said A. B. unto the said E. and her Assigns for and during the term of her natural life the first payment thereof to begin as aforesaid 20. And further to this use intent and purpose That if it shall happen the said Annuity Clause of Distress or yearly Rent of One hundred pounds per annum or any part thereof to be behind or unpayed after either of the said Feast Days whereon the same ought to be paid as aforesaid That then and from thenceforth it shall and may be lawful to and for the said E.
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.
before such Will or Testament made by the said E. Then of so much of the Goods and Chattels of the said A. B. as shall amount to or not exceed the said sum of Two hundred pounds without any let disturbance or contradiction of the said A. B. and in as large and ample a manner as if the said E. were then a Feme sole and unmarryed 7. And further that she the said E. shall Another to the same purpose or may at any time during the Coverture between her and the said A. B. without any lett or disturbance of the said A. B. or of any other by his means make and declare her Will and Testament and thereby or by any other Writing by her to be subscribed in the presence of two or more credible Witnesses give bequeath assign or appoint to any person or persons whatsoever any sum or sums of money so as the same exceed not in the whole the sum of Two Hundred pounds of lawful moneys of England And that if he the said A. B. do over-live the said E. That then and not otherwise he the said A. B. his Executors or Administrators shall and will within Six Moneths after the decease of the said E. and after request to him or them to be made in that behalf execute and perform or cause to be executed and performed the same her Will and Testament Gift Bequest Assignment or Appointment to any value not exceeding in the whole the said sum of Two Hundred pounds according to the intent and true meaning of the said Will or Writing That if the Lands setled in Joynture fail of the value the Fxecutors of the Husband to make it up 8. And the said A. B. for himself his Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Executors and Administrators by these presents That in case the said E. shall survive the said A. B. and shall be minded to lett the Premisses before limited and appointed to her for her Ioynture to Farm for a yearly Rent and shall make offer so to do to the Executors or Administrators of the said A. B. or any of them and that they shall upon such offer made refuse to take the same to Farm at the yearly Rent of Thirty pounds per annum of lawful money of England That then and in such case the said Premisses shall be rated and valued by Four substantial men of the same Parish where the said Messuage and Lands are scituâ—te and do lye whereof the said Executors or Administrators are to choose Two and the said E. the other Two at a certain yearly value according as other Lands of like quality and goodness are lett within the said Parish And in case the said rate and value made and put upon the said Premisses as aforesaid shall not amount unto the said sum of Thirty pounds per annum the said Executors or Administrators shall and will well and truly pay or cause to be paid unto the said E. so much lawful money of England yearly and every year on the Feast Day of St. Michael the Archangel as shall make up the said yearly value or Rate of Thirty pounds per annum until such time as they can procure a good and sufficient Tenant to take the same at the said Rate of Thirty pounds per annum under such Covenants and Agreements as other Lands are usually letten within the same Parish and for the term of One and Twenty years or more determinable upon the death of the said E. 9. And further for and upon the Consideration To make up what shall be evicted of the Lands setled in Joynture aforesaid he the said A. B. doth for him the said A. B. his Executors and Administrators Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Executors and Administrators That if the said E. his now Wife shall happen to survive and over-live him the said A. B. and shall at any time after the decease of the said A. B. be lawfully evicted or put out of or from the said Messuage and other the Premisses limited to her as aforesaid for her Ioynture or any part or parcel thereof That then the Executors or Administrators of the said A. B. shall well and truly pay or cause to be paid unto the said E. so much lawful money of England for the said Premisses or part thereof being so evicted from the said E. as aforesaid as the same shall amount unto at the Rate of Six years purchase for and according to the yearly value of the same within Three moneths after such eviction 10. And the said A. B. for himself his Executors To pay back part of the Portion if the Wife die c. and Administrators doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That in case the said E. shall happen to depart this life within Three years after the said Marriage had and solemnized as aforesaid without having any Issue of her Body lawfully begotten by the said A. B. then living That then and in such case the said A. B. his Executors or Administrators shall and will for and in respect of the said sum of Five Hundred pounds of lawful moneys of England by him received as aforesaid as the Marriage-Portion of the said E. repay and satisfie or cause to be repayed and satisfied unto the said C. D. the sum of Three Hundred pounds of lawful moneys of England at one entire payment within Six moneths next after the decease of the said E. CHAP. XVIII Containing the General words commonly used for the passing of Mannors Messuages Lands c. 1. ALL that the Mannor of L. with A Mannor Th' appurtenances in the County of M. And also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasowes Pastures â—eedings Waies Wastes Waste-grounds Commons Commodities Moors Marishes Wood-grounds Woods Vnder-woods Waters Water-courses Ponds Pools Liberties Fishings Rents Reversions Services Fines Amerciaments Court-leets Courts-baron Views of Frank-pledge and profits of Courts and all that to Courts and Leets belongeth Waifs Estrays Goods and Chattels of Felons and Fugitives Customs Rights Iurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with Th' appurtenances of whatsoever kind nature or quality or by whatsoever Name or Names they are called or known by scituate lying and being coming renewing arising or growing in L. aforesaid or elsewhere in the said County of M. to the said Mannors Messuages Lands Tenements Meadows Pastures Feedings and other the Premisses or to every or any of them in any wise belonging or appertaining or incident thereunto or as part parcel or member thereof or at any time heretofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof 2. All that the Mannor or Lordship
give or leave a sum by Will to them S. 4. To do further Acts to ratifie Covenants S. 5. To permit the Wife to make a Will S. 3 6 7. If the Lands setled in Joynture fail of the value then the Husbands Executors to make it up S. 8. To make satisfaction for what shall be evicted S. 9. To repay part of the Portion if the Wife die within three years without Issue S. 10. Chap. 18. Containing general words commonly used for passing Mannors Lands c. For a Mannor S. 1. A Mannor and Advowson S. 2. A Messuage and Lands S. 3. A Messuage in London S. 4. An Inn S. 5. A Brew-house S. 6. A Water-grist Miln S. 7 8. A Prebend S. 9. A Rectory S. 10. An Alphabetical TABLE of the Matters contained in this Book ATtornment A Covenant that Tenants shall Attorn Ch. 3. Sect. 24. The form of indorsing Attornments Ch. 6. Sect. 5 6 7. Of Livery and Attornment Sect. 9. An Attornment by a Collateral Deed Chap. 6. S. 8. Annuities and Rents Secured by way of use Chap. 9. Sect. 1 2 3. vide after in this Table Title Rents Bargain and Sale of Lands To make one Tenant to a Precipe for suffering of a Recovery Ch. 3. Sect. 13. Baron Feme Covenant by them to levy a Fine C. 3. Sect. 1 2. 7 8 9. To suffer a Recovery Ch. 3. S. 10 11. 18 19 20. The form of Covenants by Baron Feme Chap. 3. Sect. 30. Power given to Baron Feme to revoke Vses and limit New Ch. 12. S. 6 7. Charitable Uses An Annuity setled for the use of Poor people Chap. 9. Sect. 1. Condition vide Title Proviso in this Table Consideration of a Settlement or Conveyance Mony in part paid and in part secured Chap. 2. Sect. 1. Barring of an Estate Tayl c. Ch. 2. Sect. 2. Natural love raising Portions for Children Ch. 2. S. 3 4. To settle on Collateral Heirs Ch. 2. S. 5. Marriage and for a Joynture Ch. 2. S. 7. Performance of Agreement Sect. 8. Payment of Debts S. 9. Setling in Name and Bloud Chap. 2. Sect. 7. Ch. 14. S. 1. Covenants The form of Joynt and Several Covenants Ch. 3. S. 20. To levy a Fine sur Cognizance de droit c. by Husband and Wife Ch. 3. S. 1 2. By several peâ—sons severally interessed Ch. 3. S. 3. in the County of Lancaster Sect. 4. of Chester and Lancaster Sect. 5. in Auncient demesne Court Sect. 6. To levy a Fine with a Render of an Estate for years Ch. 3. S. 7. Of a Rent S. 8. A Fine sur Concessit Ch. 3. S. 9. To sue forth a Recovery with double Voucher Ch. 3. S. 10 11 12 13 14. Ch. 14. S. 8. Of Lands in several Counties Ch. 3. S. 15. in London S. 15. 20. in Auncient demesne Court Ch. 3. S. 21. in Court Baron S. 22. To sue forth a Recovery with single Voucher Ch. 3. S. 16 17 18 19. To make assurance of Lands Ch. 3. S. 23. For settlement of Lands to be purchased Ch. 15. S. 13. To permit Lands to descend Ch. 15. S. 15. That Tenants shall Attorn Ch. 3. S. 24. To produce Writings in defence of the Title S. 25. To pay back purchase Mony upon eviction Chap. 3. S. 26. upon dislike of the Purchase but if he like to pay more S. 27. Not to claim Dower Ch. 3. S. 28. To stand seized to Vses Ch. 5. S. 21. To permit the Wife to make a Will Ch. 16. S. 11. C. 17. S. 6 7. To alter the Vse limited to a Wife upon her claim of Dower Ch. 16. S. 14. That he is Owner and hath power to convey Ch. 15. S. 3 4 5. That the thing is free from Incumbrances Ch. 15. S. 6 7 8. To enjoy S. 9 10. Not to do any act to impeach a Settlement Ch. 15. S. 11. for further assurance Ch. 15. S. 12 13. To pay a Marriage Portion Ch. 17. S. 1. To pay a sum upon refusal to Marry Ch. 17. S. 2. To maintain the Young pair S. 3. To give or leave a sum to them by Will Ch. 17. S. 4. That if a Joynture fail of the value it shall be made up S. 8. To make satisfaction for what shall be evicted Ch. 17. S. 9. To pay back part of the Portion if the Wife die within three years without Issue S. 10. Debts A Vse limited for years to pay Debts Chap. 10. Sect. 1. Ch. 14. S. 6. Vse limited in Fee after Cognizors death to make sale for payment of Debts c. Ch. 10. S. 2 3. Ch. 14. S. 10. A limitation to such as shall be Executors to pay Debts Ch. 10. S. 4 5. Dower A Vse limited to the Wife in recompence of Dower Ch. 14. S. 6. Ch. 7. S. 2. c. Fcoffment Vses declared upon a Feoffment Ch. 5. S. 20 24. Ch. 16. S. 14 15 16. Fine Covenants to levy a Fine see before in this Table Title Covenants The forms of introducing Vses upon a Fine Ch. 5. S. 1 2 3 4. General Words Vsed for passing of Mannors Messuages Lands c. viz. a Mannor Ch. 18. S. 1. A Mannor and Advowson S. 2. A Messuage and Lands S. 3. A Messuage in London S. 4. An Inn S. 5. A Brew-house Ch. 18. S. 6. A Water-grist Miln S. 7 8. A Prebend S. 9. A Rectory S. 10. Joyntures Joyntures setled before and after Marriage vide the other Table in Ch. 16. Covenants used in Joyntures vide the other Table in Ch. 17. vide also in this Table Title Powers Livery and Seisin The forms of indorsement of Livery and Seisin Ch. 6. S. 1 2 3 4 5. Livery and Attornment together S. 9. Portions for Children A Vse limited for years in case of failer of Issue-male for raising Portions for Daughters Ch. 7. S. 15. Limitation for years to the Cognizees of a Fine to pay Daughters Portions Ch. 9. S. 11 12. Moneys to be paid yearly for Daughters maintenance until their Portions paid Ch. 9. S. 13. A Vse limited to the Cognizees until Daughters Portions paid or secured and after to them in remainder c. Ch. 9. S. 18 19 20. A Vse limited to Daughters to be void upon payment of their Portions or Security given for them by the Heirs males in remainder Ch. 9. S. 16 17. Power given to cestuy que Use for life to make Leases to raise Portions for Daughters Ch. 9. S. 10. To grant a Rent-Charge for raising of Portions Ch. 9. S. 21. A Portion to a younger Son secured by limitation of the Vse in the Land to him in case it be not paid Ch. 11. S. 13. Powers given to cestuy que Use for life To make a Joynture to a future Wife Ch. 8. S. 1 2 3 4 5 6 7 8. Ch. 14. S. 3. To settle a Rent for a Joynture Ch. 8. S. 5 6. To make Leases for lives or years with or without reservation of Rent Ch. 8. S. 10. That he and his Issue-male may make
Members though the greatest part of them consent thereto without the general consent of the whole Corporation may Levy a Fine for that shall not be good Corporations Spiritual as Bishops Deans and Chapters Heads and Fellows of Colleges and the like are forbidden and restrained by divers Acts of Parliament from levying any Fine of their lands belonging to them at this day but of the lands such persons have in their own Right they may levy Fines as other persons may do A Fine levyed by one Ioyntenant Tenant in Common or Partner of Lands so held by him to a Stranger another Ioyntenant Tenant in Common or Partner will be good And lastly take this general Caution concerning Cognizors in Fines That they must be such and have such an Estate in the Lands intended to be granted by Fine as they are not prohibited by any Law to levy the Fine otherwise the Fine will be void And hence it is That Bishops Deans and Chapters Prebends Parsons Vicars and the like may not levy a Fine of any Ecclesiastical Lands in which they have any Estate of Freehold in right of their Churches Houses c. for if they do it will be void after their lives Coke 11. 78. Plowd 575. 538. 375. 21 Edw. 4. 13. And hence it is that he that hath an Estate Tayl of the Kings gift of provision may not levy a good Fine of it to bind the King or the Issue in Tayl by 32 H. 8. Cap. 28. And that a Fine levyed by the heir that is an Intruder upon the Kings possession is void 1 H. 7. 5. 24 Edw. 3. 65. And hence it is that he that hath an Estate in Fee-simple of lands in the Right of his wife may not levy a Fine thereof without her and if he do she or her heirs or other person to whom the right may come may avoid it after her death 32 H. 8. Cap. 28. 12 Edw. 4. 14. Coke 6. 55. Brooke Fines 121. Concerning Cognizees in Fines you are to Wâ—o may be Cognizees in Fines know That any person that is capable of being a good Grantee in a Deed may be a good Cognizee in a Fine and may thereby have and take the thing granted by it And so any man or woman Sole or Covert of full age or under age any mad or Lunatick person Ideot or man de non sane memorie any person in or out of prison or beyond Sea any person attainted of Felony or Treason or outlawed in a personal Action a Bastard a Clerk convict an Alien any one of these may be a Cognizee and take by a Fine as well as by a Deed. And a Fine levyed to any such person is good 50 Edw. 3. 9. 3 H. 6. 42. 24 Edw. 3. 62. So Corporations Spiritual and Temporal Civil or Corporal may be Cognizees in Fines and Fines levyed to them will be good But before the Ingrossing of such a Fine there goeth alwaies a Writ to the Iustices of Common Pleas Quod permittunt Finem illum levari Note that a Fine sur Cognizance de droit come ceo c. may not be levyed to any person but one that is party to the writ of Covenant Except the Cognizee be a Demandant in a writ of Entry And so a Fine levyed by the Demandant to the Vouchee who is supposed by the Law to be Tenant to the land or from the Vouchee to the Demandant is good and yet they are not Parties to the Writ But a Fine levyed by the Vouchee to a Stranger is void Coke 3. 29. 7 Edw. 4. 13. Care must be taken in Fines that Cognizors and By what names Cognizors and Cognizees may give and take in a Fine Cognizees must be named in Fines by their right names of Baptism and Surname except they be Kings Princes Dukes Marquesses Earls Viscounts or Barons which are admitted without any surname as Jacobus Rex Angliae Carolus Princeps Walliae Johannes Dux Lancastr c. But for Knights Esquires and Gentlemen which be names of Worship and Honour their Christian name and Sur-name are alwaies expressed together with their Additions And as for the Additions of Bishop Dean Parson c. they are admitted in Fines rather out of Courtesie then necessity for the Fine may be good without them Brownlow 1. part 30. 7 H. 4. 22. 1. Ass pl. 11. 14 H. 6. 15. 21 Edw. 4. 8. 1. Ass pl. 11. But if there be two of one name it is best to distinguish them by Seniori Juniori or the like Brownlow 1. part 30. So if it be a Corporation or Fraternity to be named in the Fine care must be had that it be done by the very true name of the Corporation as it is named in the Charter and Foundation of it 11 H. 4 44. 14 H. 4. 20. 7 H. 6. 27. 37 H. 6. 29. CAP. V. Of what things Fines may be levyed and â— by what Names and how the Parcels are to be placed therein A Fine may be levyed of all things whereof a Of what things Fines may be levyed Precipe quod reddat lyeth or of which a writ of Entry may be brought It will be good of all things Ecclesiastical or Temporal that are inheritable and in Esse at the time of the levying of the Fine So a Fine may be levyed of an Honour Mannor Island Barony Castle Messuage Cottage Mill Toft Curtilage Dovâ—house Garden Land Meadow Pasture Wood Vnder-wood Chappel River Parsonage Rectory Advowson Vicaridge Tythes impropriate â—stovers Foldage Corrody Office Fishing Warren Fair Mine View of Frank-pledge Waif Stray Felons goods Deodand Hospital Furzes Heath Moor Rent Common Hundred Way Ferry Franchise Seignory Toll Tallage Picage Pontage Services Portion of Tythes Oblations and the like But a Fine levyed of Antient Demesne Lands will not be good Stat. 32 H. 8. Cap. 7. Coke 8. 145. West Symb. 2. part Anciently in levying a Fine of a Mannor it was By what Names things may be levyed in Fines Manerium usual to add to it or explain it by the words Demesns Rents Seigniories Courts Pleas c. And such Generals whereof it consisted but this way is altered and now it passeth by the name of Manerium cum pertinentiis 3. Inst 513. That things passed in Fines must be set down by their Nature and quality as Land Meadow Pasture c. and by the place where they lye there must be apt words used to express the thing named to pass by the Fine For a Fine levyed de tenemento or de hereditamento or de duobus tenementis for the uncertainty of the thing and unaptness of the words is void or voidable at least for Error Crooke 1. 196. Leon. Rep. 188. for the proper word to express a Tenement or Hereditament in a Fine Messuagium is Mesuagium and a Fine levyed de uno mesuagio or duobus mesuagiis is good That one Mannor may be parcel of another Mannor and pass by the name of that Mannor 20 Ass