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.
cum pertin prefat Edwardo Roberto hered ipsius Edwardi contra omnes homines imperpetuum Et pro hac Recogn Remissione quier clam Fine Concordia iidem Edwardus Robertus concesserunt predicte Marie quandam Annuitatem sive annualem redditum duodecim librarum exeun de predict Manerio tenementis cum pertin Habend tenend annuatim percipiend predictum annualem redditum duodecim librarum prefate Marie Assign suis ad Festa Sancti Michaelis Archangeli vel Annunciationis beate Marie Virginis prox immediate sequen post mortem predicti Willielmi pro durante vira naturali ejusdem Marie ad duos Anni terminos viz. Sancti Michaelis Archangeli Annunciationis beate Marie Virginis per equales portiones Annuatim solvend in plena Recompensatione totius talis Juncture sive dotis que iidem Marie contingere debeat de aliquibus terris tenementis predicti Willielmi Palmer Et si contingat predictum Annualem redditum duodecim librarum vel aliquam inde parcellam aretro fore post aliquod Festum festorum predictorum in quo sive quibus ut prefertur solvi deberet per prefat Willielm insolut quod tunc toties bene licebit eidem Marie Assign suis in predicta Maneria tenementa cum pertin sive in aliquam parcellam inde intrare distringere districtionesque sic ibid. capt licite abducere effugare penes se retinere quousque de predicto annuali redditu duodecim librarum ac de qualibet inde parcella una cum arreragiis ejusdem si que fuerint plenarie satisfact fuerint persolut Et ulterius iidem Edwardus Robertus concesserunt predicto Willielmo Maneria tenementa predicta cum pertin illa ei reddiderunt in eadem Curia Habend Tenend predictum Manerium tenementa cum pertin prefato Willielmo â—eredibus suis imperpetuum Tenend de Capital dominis feodi illius per servicia que ad predictum Manerium tenementa pertinent imperpetuum Sect. XIII A Fine sur done Grant with render of the Premises to one of the Cognizors for 21 years to Commence after the death of Tenant for life the Reversion to the other Cognizees and their Heirs Essex ss PRecipe Willielmo King Katharine uxori ejus Simoni Smith quod juste c. teneant Johanni Smith Thome Hill Conventionem de tertia parte unius Mesuagii unius Horrei unius Gardini quadraginta acrarum Terre duarum acrarum Prati trium acrarum Pasture cum pertin in H. M. Et nisi c. ET est Concordia talis scilicet quod predict Willielmus King Katharina Simâ— recogn tertiam partem predict cum pertin esse jus ipsius Johannis ut illa que iidem Johannes Thomas habent de dono c. Release and Warranty ut supra Et pro hac c. iidem Johannes Thomas concesserunt predicto Simoni tertiam partem predictam cum pertin ill ei reddiderunt in eadem Curia Habend tenend eidem Simoni à Festo Sancti Michaelis Archangeli vel à festo Annunciationis beate Marie Virginis quod prius prox contigerit vel erit post mortem cujusdam Elizabethe modo uxoris Willielmi T. nuper uxoris Richardi S. defunct usque ad finem terminum viginti unius Annorum extunc prox sequen plenarie complend finiend reddendo inde annuatim predictis Thome Johanni heredibus ipsius Johannis duodecim denarios ad festa Annunciationis beate Marie Virginis Sancti Michaelis Archangeli per equales portiones solvend Et si contingat predictam Annuitatem sive Annualem redditum 12d in parte vel in toto post aliquod Festum festorum predictorum recite the clause of Distress ut supra usque satisfact persolut Et â—lterius concesserunt predicti Johannes Thomas Hill predictis Willielmo King Katharine Reversionem tertie partis predicte cum pertin redditum predictum superius reservat Et illa eis reddiderunt in eadem Curia Habeâ—d tenend eisdem Willielmo King Katherine heredibus ipsius Katharine imperpetuum Tenend de Capitalibus dominis feodi illius per servicia que adinde pertinent imperpetuum Sect. XIV A Fine sur Concessit by Baron and Feme she being Tenant for life where the Lands are granted during the life of the Woman to the Cognizee Lincoln ss PRecipe Richardo Smith generoso Katherine uxori ejus quod juste c. teneant Thome Herd Conventionem c. de uno Mesuagio quaâ—â—or acris Terre tribus acris Prati sex acris Pasture cum pertin in E. Et nisi c. ET est Concordia talis scilicet quod cum predicti Richardus Katherina habent renent ut in jure ipsius Katherine pro termino vite ejusdem Katherine tenementa predicta cum pertin revertione inde post decessum dicte Katherine Marie Royden heredibus suis spectan â—idem Richardus Katherina concesserunt predicto Thome Herd tenementa predicta cum pertin Et totum quicquid in predictis tenementis cum pertin habent in eadem Curia reddiderunt Habend â—enend eidem Thome assign suis durante tota viâ—a dicte Katherine tenend de Capitalibus dominis feodi illius per servicia que adinde pertinent imperpetuum Et predicti Richardus Katherina warant predicto Thome Assignatis suis renementa predict cum pertin sicut predictum est contra omnes homines imperpetuum Et pro hac c. Sect. XV. A Fine sur Cognizance de droit of Lands which the Cognizee hath part in Possession and are granted to him in Fee for ever the residue being in Lease for life the Cognizor grants to him the Reversion after the death of Tenant for life Lincoln ss PRecipe Henrico Headlam quod juste c. teneat Arthuro Calverly Conventionem c. de uno Mesuagio quatuor Cottagiis quatuor Toftis uno Collumbar tribus Gardinis Centum quatuor acris Terre quadraginta acris Prati viginti acris Pasture duabus acris Bosci viginti acris Jampnorum Bruere viginti acris Marisci cum pertin in Scawby c. ac de libera Piscar in aqua de Antolne Et nisi c. ET est Concordia talis scilicet quod predictus Henricus recogn tenementa predicta cum pertin esse jus ipsius Arthuri de quibus idem Arthurus habet unum Mesuagium duo Cottagia duo Tosta unum Gardinum octoginta acras Terre viginti quatuor acras Prati viginti acras Pasture duas acras Bosci viginti acras Jampnorum Bruere viginti acras Marisci parcell tenementorum predictorum cum pertin de dono predicti Henrici Et illa remisit quiet clam de se heredibus suis prefato A. heredibus suis imperpetuum Et concessit pro se heredibus suis quod duo Cottagia duo Tofta
person or persons or for any term or terms of years not exceeding the term of one and twenty years to take effect immediately from the making of such Lease or Leases Demise or Demises so as upon every such Lease or Leases so as aforesaid to be made such and so much yearly Rent or Rents or more shall be reserved for every parcel or parcels of the Premisses so to be Demised as is mentioned and expressed in a Writing Indented bearing Date with these presents to one part whereof the said A. B. hath set his Hand and Seal and to the other part whereof the said c. hath set his Hand and Seal by which said Writing the said Premisses so meant or intended to be Demised are rated and valued at to be yearly worth And that at all Râ—coveries c. to be to the use of the Lessees times from and after the said Lease and Leases Demise and Demises so to be had and made as aforesaid the said Recovery and Recoveries before mentioned shall be and shall be adjudged deemed and taken to be and the said Recoverors and their Heirs and all and every other Person and Persons and their Heirs then standing and being seized or which at any time from thenceforth shall stand or be seized of or in so much of the said Mannor and Premisses as shall so happen from time to time to be Leased or Demised in manner and form aforesaid and according to the true meaning of these presents shall from thenceforth stand and be seized thereof and of every part and parcel thereof to the use and uses of all and every such Person and Persons to whom any such Lease or Leases Demise or Demises shall be made as aforesaid their Executors Administrators and Assigns for and during the continuance of all and every the said Lease and Leases Demise and Demises so long as the said Lessee and Lessees his and their Executors The Lessees paying their Rents Administrators and Assigns shall and do well and truly satisfie and pay the Rents reserved in and by the said Lease and Leases Demise or Demises And from and after the expiration of all and every the said Lease and Leases Demise and Demises to be had and made as aforesaid and as they shall severally end and determine Then and from thenceforth to such further use and uses purposes and intents as be thereof before in these presents expressed and declared and as by the true intent and meaning of these presents they should or ought to have done if no such Lease or Leases Demise or Demises had been thereof at any time had or made any matter or thing herein before contained to the contrary thereof in any wise notwithstanding c. In witness c. 14. Provided also and it is Covenanted Another to make Leases at such Rents as Lessor pleaseth granted concluded agreed and declared by and between all the said Parties to these presents That it shall and may be lawful to and for the said A. B. from time to time and at all or any time or times during his natural life by any Indenture or Indentures to make any Demise or Demises Grant or Grants of the said Premisses or of any part or parcel thereof alone or amongst other things as well in Possession as in Reversion for the term of One and twenty years or For 21 years or 3 lives under or for one two or three life or lives or for any term or number of years determinable upon one two or three life or lives at for and under such Rents Covenants and Conditions as to him the said A. B. shall seem meet so as the said E. B. wife of the said A. B. be made Party to So as the wife be Party every such Indenture whereby any such Demise or Grant shall be made during the life of the said E. B. And that the said E. B. do seal and deliver every such Indenture And that at all times from and after the making of such Indenture or Indentures of Demise or Demises Grant or Grants the said Fine so to be levyed as aforesaid and the Cognizees to stand seized to the use of the Lessees Cognizees of the said Fine and their Heirs and the Heirs of the Survivor of them shall stand and be seized of and in such part or parts as shall be so Demised or Granted to the use and behoof of every such Lessee or Lessees Grantee or Grantees their Executors Administrators and Assigns to whom any such Demise or Demises Grant or Grants shall be so made and according to the true intent and meaning of every the same several and respective Demise or Demises Grant or Grants so as the same Lessee or Lessees Grantee or Grantees their Executors and Assigns shall and do pay the Rents and perform the Covenants and Conditions in such Indentures of Demise or Grant to be specified and contained according to the intent and true meaning of the said Indentures And after the end or determination of such Estate or Estates then to the use of such Peâ—son and Persons to whom the same ought to remain by the true intent and meaning of these presents 15. Provided always and it is the true Another form to give power to make Leases for such Term and under such Rent as Lessor pleaseth intent and meaning of these presents That if the said A. B. shall at any time hereafter â—uring his life-time demise grant or lease the said Messuages Lands Tenements Hereditaments and other the Premisses before by these presents granted or assured or any part or parcel of them by his Deed Indented under his Hand and Seal for the term of any year or years life or lives and under such Rents and Covenants as he shall think fit that then and immediately from and after every such Demise Lease or Grant so to be made by the said A. B. the said C. D. E. F. c. and their heirs shall stand and be seised of such leased Premisses to the use and behoof of the said Lessee and Lessees Grantee and Grantees and every of them and of their several Executors Administrators and Assigns during the term and space mentioned in the said several Leases Grants and Demises respectively so that the yearly Rent or Renâ—s mentioned or reserved So that the Rent be paid to Lessor and those in Remainder by the said A. B. in such Lease or Leases Demise or Demises Grant or Grants be yearly paid to the said A. B. during his natural life and after his decease to such person or persons as by the purport and true meaning of these presents ought to have the Reversion or Remainder Reversions or Remainders of the Messuages Lands Tenements and Hereditaments so to be leased or granted at the several days in every such Lease or Grant to be expressed or set down for payment thereof or within twenty days after every such day or days and request made for
payment thereof by the said A. B. or by the said person or persons in Reversion or Remainder And so that the said Lessees and And so that the Lessee perform the Conditions in such Lease mentioned Cognizees to stand seised of the Reversion and of the thing as it falls into possession Grantees their respective Executors Administrators and Assigns do well and truly perform the Conditions to be comprised in the Indenture or Indentures of their said several Leases Demises or Grants according to the effect intent and true meaning of the same Indenture or Indentures And that the said C. D. and E. F. c. and their heirs shall stand and be seised of the Reversion and Remainder Reversions and Remainders of the said Messuages Lands Tenements and Hereditaments so to be leased or granted as aforesaid and after the end or determination of such Lease or Leases then of the said Messuages Lands Tenements and Hereditaments so to be leased or granted to such uses and intents as the said C. D. E. F. c. should have stood or been thereof seised by the purport intent and true meaning of these presents if no such Lease or Grant had been thereof made and that of and for such Estate and Estates in such order and degree with the same Remainder and Remainders and in such manner and form to all intents and purposes as they should have stood and been thereof seised by the purport and true meaning of these presents if no such Lease or Grant had been thereof had or made 16. After uses limited as followeth viz. Another for such Term and under-Rent or no Rent as Lessor pleaseth to the use of the said A. B. for and during the term of his natural life without impeachment of waste c. with Remainders over Provided always and it is agreed by and between all the parties to these presents and by them and every of them hereby declared to be their true intent and meaning that it shall and may be lawful to and for the said A B. at any time or times during his natural life to make any Demise Lease or Grant Demises Leases or Grants by Indenture or Indentures to be by all the parties thereunto duly executed of all or any part of the said Messuages Lands or Premisses either in possession or reversion or otherwise to any person or persons whatsoever for any term or terms of years or for the life or lives of any one or more person or persons or for any term or terms of years determinable upon the death or deaths of any one or more person or persons or for any other term or terms of years whatsoever as by the said A. B. shall be thought fit or convenient And that from and immediately after the making Cognizees c. to stand seised to the use of Lessees and executing of such Demise Lèase or Grant Demises Leases or Grants the said C. D. E. F. c. and the survivors and survivor of them and his and their heirs shall stand and be seised of all or such part and so much of the said Messuages Lands Tenements and Premisses as shall be at any time or times hereafter leased or demised as aforesaid to the use of such person or persons â—espectively to whom any such Demise Lease or Grant shall be so made for such Estate term and interest and in such manner and form as the same shall happen to be so leased demised or granted according to the true intent and meaning of these presents and of every such Demise Lease or Grant So as such Lessee or Lessees Grantee or Grantees during his or their several Lease or Leases Grant or Grants So as Lessees pay their Rents or Interests respectively do pay or cause to be paid the Rent or Rents or sum or sums of money reserved or appointed to be paid in and by the Indenture or Indentures of his and their Lease and Leases Grant and Grants respectively to such person or persons to whom the same from time to time shall by the purport and true meaning of these presents belong or appertain according to the purport and true meaning of such Lease and Leases and that the said C. D. and E. F. c. shall stand and be seised of the Reversion vide Sect. 15. c. 17. Provided always that it shall and may Another for 21 years or 3 lives under the ancient Rents and chargable with Rents c. before charged c. be lawful to and for the said A. B. being Cestuy que use for life from time to time and at all times hereafter during the term of his natural life by his Deed or Deeds lawfully executed or otherwise by his last Will and Testament in writing to Lease Grant or Demise give dispose limit or appoint to any Person or Persons whatsoever All every or any the said Mannors Messuages Lands Tenements Hereditaments and Premisses with Th' appurtenances the chief House called B. and the Demesnes of the said Mannor of B. before in and by these presents limited expressed and declared for the Ioynture of the said M. onely excepted for and during the term of One and twenty years or for some shorter or lesser Term of years or for the term of one two or three lives or for any number of years determinable upon one two or three lives charged Charged with Rents and Payments c. nevertheless or chargable with such Rents sums of Mony and Payments as before or after in these presents are appointed limited or declared to be payed levyed or issuing out of the same or any part thereof as in these presents is mentioned and declared so that all and every such Lease and Leases Devise and Devises or any of them be not made to be without impeachment of Waste Not to be made without impeachment of Waste by any special Clause Proviso or Covenant therein to be contained and that every such Lease Grant Demise or Devise so to be made be made of Lands or Tenements in Possession usually letten to farm by the space of Twenty years last past and not of any Lands in Reversion And so that upon every such Grant lease devise or demise the old and accustoâ—ed Rent and Rents Boons Arrearages Customes and Old Rent or more to be reserved Services or more be reserved to be due and payable during the continuance of every such Demise Lease Grant or Devise at the days and times and in such manner and form as the same have been accustomed Or thus So as upon every such Grant Lease Demise or Devise for life or lives or years to be made the old and accustomed Rents Duties and Services or more be yearly reserved and payable during the said Terms unto such to whom the immediate Reversion or Remainder of the Mannors Messuages and Lands so leased or devised shall be and who ought to have and receive the said Rents Duties and Services by the intent and true
c. Esq and C. B. of c. Son and Heir apparent of the said A. B. and of E. B. deceased late the Wife of the said A. B. and sole Daughter and Heir of E. H. of c. deceased of the first part C. D. and E. F. of the second part And G. H. and I. K. of the third part Whereas the said A. B. is seized in his Demesue as of Fee of some part of the Mannors Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the Courtesse of England of other the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion whereof in Fee-simple being descended by and after the decease of the said E. B. unto the said C. B. Now to the end intent and purpose That the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned and expressed may be established vested and setled in and unto the said A. B. during the Term of his natural life and after his decease upon the said C. B. and upon his Name Stock and Posterity and to such other Uses as are hereby appointed 8. It is Covenanted granted condescended Covenant to levy a Fine concluded and fully agreed by and between the said Parties to these presents And the said A. B. and C. B. do for themselves their Heirs Executors and Administrators Covenant promise grant and agree to and with the said C. D. and E. F. their Heirs Executors and Administrators and to and with every of them by these presents That they the said A. B. and C. B. shall and will on this side and before the end of Michaelmass Term now next ensuing in due form of Law c. Let it be a Covenant to acknowledge a Fine Come ceo c. a Vide before Chap. 3. The use of the Fine to make Cognizees Tenants to a Precipe to G. H. and I. K. of the Mannors of A. B. C. and D. which said Fine or Fines so as aforesaid or in any other sort to be levyed and acknowledged shall be and inure and shall be deemed adjudged esteemed reputed and taken to be and inure to the use of the said G. H. and I. K. and their Heirs to the end intent and purpose that they the said G. H. and I. K. may become perfect Tenants of the Freehold of the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their appurtenances whereby one or more perfect common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following For which intent and purpose it is Covenanted and agreed by and between the said Parties to these presents That it shall and may be lawful to and for the said C. D. and E. F. to bring pursue and prosecute against them the said G. H. and I. K. one or more Writ or Writs of Entry sur disseisin en le post of and for the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their and every of their appurtenances c. b Vide before Chap. 3. as in a Covenant to suffer a Recovery The which said Common Recovery or Recoveries so as aforesaid or in any other manner to be had and suffered And all other Common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the decease of the said E. B. had made levyed suffered acknowledged or executed or to be had made levyed suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereunto they or any of them shall be Parties of for and concerning the said Mannors Messuages Lands Tenements Hereditaments and Premisses or any of them or any part or parcel of them or any of them shall be and inure and shall be adjudged deemed esteemed reputed and taken to be and inure to the uses behoofs intents and purposes and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed 9. That is to say for and concerning the The uses of the Recovery being for life with remainders over in Tail said Mannors of A. and B. c. with general words to the use of the said C. B. for and during the Term of his natural life without impeachment of or for any manner of Waste and with full power to do or commit Waste and from and after the decease of the said C. B. to the use and behoof of the said A. B. for and during the Term of his natural life and from and after the decease of the said C. B. and A. B. to the use and behoof of D. B. eldest Son of the said C. B. and of the Heirs Males of his Body lawfully to be begotten and for default of such Issue to the Remainders in Tail to 1 2 3 c. Sons use and behoof of F. B. second Son of the said C. B. and of the Heirs Males of the Body of the said F. B. lawfully to be begotten And for default of such Issue to the use and behoof of G. B. third Son of the said A. B. and of the Heirs Males of the Body of the said G. B. lawfully begotten And for default of such Issue to the use and behoof of the fourth Son of the Body of the said C. B. on the Body of M. B. his wife begotten or to be begotten and of the Heirs Males of the Body of such fourth Son lawfully to be begotten c. and so to the tenth Son And for default of such Issue to the use and behoof of all and every other Son and Sons of the Body of the said C. B. to be lawfully begotten successively one after the other and of the Heirs Males of the Bodies of every such Son and Sons severally and respectively to be begotten as they and every of them shall be in Seigniority of Age and Priority of Birth the eldest of the said Sons and the Heirs Males of his Body being ever preferr'd before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of I. B. second Son of the said A. B. and of the Heirs males of the body of the said I. B. lawfully to be begotten and for default of such Issue to the use and behoof of the Heirs of the body of the said A. B. lawfully begotten and to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said C. B. for ever 10. And as for and concerning the said Use of the Mannor in C. in trust to be sold Mannor of C. to the use and behoof of the said C. D. and E. F. and of their Heirs and Assigns for ever Upon trust and confidence nevertheless and to the end intent and purpose That they the said C. D. and E. F. and the survivor of them and his Heirs shall and
c. ss Tenens in propria persona vocat ad War Humfridum Mumford generosum qui presens vocat Edmundum Clent Ad. Barram ss North't ss PRecipe Obadie Kentiso Juniori generoso The like Treble Voucher Whereby you may understand how to place the parcels according to the Method used in the Register Michaeli Aldridge generoso quod juste c. reddant Josepho Allen Armigero Manerio de S. K. E. D. cum pertin ac quadraginta Mesuagia viginti quatuor Tofta sexdecim Molendina viginti Columbaria quadraginta Gardina duas Mille acras Terre tres Mille acras Prati quatuor Mille acras Pasture tres Mille acras Bosci decem Mille acras Jampnorum Bruere quinque Mille acras More duas Mille acras Marisci salsi Mille acras Marisci frisci quatuor librat reddit ac reddit duarum librarum dimid unius libre Piperis unius grani Piperis cum pertinentiis in R. L. G. S. G. J. H. E. Necnon Advocationem Ecclesie de K. que clam c. ss Tenentes in propriis personis vocant ad War Johannem Grantham Sen. generosum qui presens in propria persona vocat ad War Galfridum Weston generosum qui similiter presens in propria persona vocat Edmundum Clent ss Mes â—â—gium Toft nm Mol. endinum Col. nmbare Gar. dinum Terr â— Nota. If you place your parcels in Precipes according to these Verses you will never erre The Exemplification of a Recovery with double Voucher where the Parties appear in person at Bar. Pra. tum Pas tura Bos cus Brue ra Mora. Junca riâ— Maris cus Alne tum Pis caria Red. ditus Sectare priora ss CArolus Dei gratia Anglie Seotie Francâ—e Hibernie Rex fidei defensor c. Omnibus ad quos presentes litere nostre pervenerint salutem Sciatis quod inter Placita terre irrotulata apud Westm coram Thoma Richardson Milite Sociis suis Justicâ— postris de Banco de Termino S. Michaelis Anno Regni nostri tertio Rotulo vicesâ—mo continetur Sic Hertf. ss C. R. gen J. R. gen in propriis personis suis petunt versus G. C. gen unum Mesuagium c. And so set forth the whole Recovery verbatim according to the Precedent next following of a Recovery with single Voucher unto the end of these words Prout per breve illud sibi preceptum fuit c. And then conclude it thus Que omnia singula ad requisitionem predict A. tenore presentium duximus exemplificand In cajus rei Testimonium Sigillum nostrum ad Brevia in Banco predicto sigilland Deputat prefentibus apponi fecimus Teste Thoma Richardson apud Westm vicesimo octavo die Novembris Anno Regni nostri tertio You must Teste your Exemplification after the Nota. return of the Writ of Seisin But if there be not fifteen daies between the return of the Writ of Entry or the Writ of Summons and the End of the Term Then must the Writ of Seisin be returnable Indilate And the Exemplification must bear Teste the last day of the Term in which the Writ of Entry or Summons came in Observanda In every Recovery four things are principally to be regarded viz. First The Demandant who is Plaintiff in the Writ of Entry and may be called the Recoverer Secondly The Tenant of the Land who is Defendant to the Writ of Entry and in regard the Land is recovered against him he may not improperly be termed the Rocoveree Thirdly The Vouchee being that person who is vouched by the Tenant or he whom the Tenant calleth to warranty for the Lands demanded in the Count. Lastly The Land it self which is to be recovered being the subject matter of a Recovery which you must be very careful and exact to place Regularly according to the course used by the Cursâ—tors and the directions above given In a Recovery with double Voucher you must either by a Fine sur Cognizance de droit come ceo c. or by a Deed of Feoffment or Bargain and Sale inrolled or Lease and Release make him you intend to be Tenant at the time of the Writ of Entry brought For every Writ of Entry must alwaies be brought against him that must be a perfect Tenant of the Freehold of the Land demanded at the return of the Writ Because the Estate of the Tenant in Tayl which is the Vouchee is barred in respect of the Asseâ—z onely which are or may be recovered in value and of Execution sued by the Tenant against him If Tenant to a Recovery have but an Estate for life or be Tenant in Dower or by the Courtesse of England it is requisite for the strengthning of his Recovery that he make a Conditional * The form of which Surrender see at the end of this Treatise Surrender of his Estate to him in the Reversion or Remainder to the end he may be a present Tenant of the Inheritance and then to bring the Writ of Entry against him and after that the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his term notwithstanding such Surrender ss Hertf. ss C. R. generosus J. R. generosus in A Recovery with single Voucher propriis personis suis petunt versus G. C. generosum unum Mesuagium unum Toftum unum Molendinum unum Gardinum triginta acras Terre viginti acras Prati â—uadraginta acras Pasture Centum acras Bosci cum â—ertin in H. ut jus hereditatem suam in que idâ—â— Galfridus non habet ingressum nisi post disseisiâ—â—m quam Hugo Hunt inde injuste sine judicio fecit â—esatis Carolo Johanni infra triginta Annos c. Et unde dicunt quod ipsimet fuerunt seisiti de teâ—mentis predictis cum pertin in dominico suo uâ— de feodo jure tempore pacis tempore domini Regis nunc capiend inde exples ad valentiam c. Et in que c. Et inde producunt sectam c. Et predictus Galfrid in propria persona sua venit defendit jus suum quando c. Et vocaâ— inde ad warantizand Edmundum Clâ—nt qui presens est hic in Curia in propria persona sua Et gratis tenementa predicta cum pertin ei War c. Et super hoc predicti Carolus Johannes petunt versus ipsum Edmundum tenentem per warant suam tenementa predicta cum pertin in forma predicta c. Et unde dicunt quod ipsimet fuerunt seisiti in dominico suo ut de feodo jure tempore pacis tempore domini Regis nunc capiend inde explesias ad valentiam c. Et in que c. Et inde producunt sectam c. Et predictus Edmundus tenens per Warantiam suam defend it jus suum quando c. Et dicit quod predictus Hugo non disseisivit prefatum Carolum
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
mentioned to be grantel was taken and had by the within named E. F. for and in the name of A. B. within mentioned and afterwards was for and in the name of the said A. B. delivered by the said E. F. unto the within named C. D. according to the authority within given To hold to him the said C. D. his Heirs and Assigns according to the form and effect of this present Deed in the presence of those whose names are hereunder written 4. In case the liberty be made by force of a Another Letter of Attorney not mentioned in the Deed Then the indorsement may be thus Memorandum That full quiet and peaceable possession of all and every the Messuage and Lands within mentioned to be granted was taken and had by I. H. the Attorney of the within named A. B. by force and vertue of a Letter of Attorney to the said I. H. in that behalf made by the said A. B. bearing Date the c. for and in the name of the said A B. and was afterwards by the same authority for and in the name of the said A. B delivered by the said I. H. unto one G. H. the Attorney of the within named C. D. thereunto lawfully authorized by force and vertue of one Letter of Attorney made by the said C. D. unto the said G. H. in that behalf bearing Date the c. according to the form and effect of this present Deed the 20th Day of March Anno Domini 1665. in the presence of those Persons whose names are hereunto subscribed 5. Memorandum That the within named E. F. Attornement lessee of all and every the Messuage and Lands within mentioned having heard this present Indenture read and taken perfect notice and knowledg thereof and of all the contents thereof doth consent and agree thereunto and doth Attorn Tenent to the within named C. D. for the said Messuage Lands and Premisses the 20th Day of c. Anno Domini 1666. in the presence of those whose names are hereunto subscribed 6. Memorandum That the within named E. F. Another lessee of all and every the Messuage and Lands within mentioned after the sealing and delivery of these presents and perfect notice thereof taken by him and of the contents thereof did the Day of c. in the Year within mentioned Attorn unto the within named C. D. upon the said grant according to the form and effect thereof by the payment of two Pence of lawful Money of England in the name of Attornement in the presence of c. 7. Memorandum That R. C. of c. Gentleman Another and the rest of the Tenents and Farmers of the within mentioned Premisses by virtue of several Leases made unto them by the within named A. B. having all of them had perfect notice of this present grant did severally Attorne and become Tenents of and for their several and respective interests in the Premisses to the within named C. D. this present Tenth Day of c. in the Year within written and the said Tenents have every of them given unto the said C. D. one Penny in the name of Attornement in the presence of c. 8. This Indenture made the c. Between An Attornement by a Collateral Deed. A. B. of the one part and C. D. of the other part Whereas the said A. B is seized in his demesne as of freehold for and during the the Term of his natural Life of and in c. by Vertue of a Lease to him thereof made by I. K. of c. Esquire by his Indenture bearing Date the c. And whereas the said I. K by his Deed indented bearing Date the c. Hath granted the said Messuage Lands and Premisses with the Appurtenances and the Revertion thereof to the said C. D. as in and by the said Indentures more at large appeareth Now this Indenture witnesseth that the said A B. for divers good reasonable causes and considerations him hereunto moving Hath consented agreed attorned and become Tenent and by these presents doth consent agree attorne and become Tenent to the said C. D. and to the said grant to him made of the said Messuage Landâ— and Premisses and the Revertion thereof and in the name of Attornment and seisin of the Rent reserved upon the said Lease thereof hath at and before the making of these presents paid to the said C. D. one half years Rent due for the said Messuage Lands and Premisses at our Lady-Day last Which the said C. D. hath accepted of and from the said A. B. as from his Tenent and in name of seisin thereof and Attornement to the said grant to him thereof made as aforesaid accordingly In witness whereof the Parties above named c. Livery and Attornement together 9. Memorandum that the 4th Day of May in the Year of our Lord 1665. Peaceable and quiet possession and seisin of the Mannor Messuages Lands Tenements and Hereditaments within specified was taken had and delivered by the Attorneys within named to the within named C. D. according to the tenor and true meaning of this present Indenture and likewise the Day and Year abovesaid E. F. G. H. and I. K. c. being Tenents of the Premisses by several Leases to them made of their respective Tenercies did severally attorn Tenents to the said C. D. according to this present grant whereof they and every of them had full and perfect notice at the Time of their said respective Attornements All which was done in presence of the persons whose names are hereunto subscribed CHAP. VII The Forms of limitations of Uses vide before Chapter the 5th the several Forms of introducing Uses upon Fines Recoveries and Conveiances Now follows the limitations of the Uses 1. ANd it is covenanted granted concluded Limitations for Life condiscended and fully agreed by and and between all the said Parties to these presents for themselves and their Heirs respectively That the said Fine or Fines Recovery or Recoveries conveiances and assurances to be had made and executed according to the purport and true meaning of these presents of and in the said Mannors Lands Tenements Hereditaments and Premisses and every of them and the execution thereof shall be and for ever shall be adjudged deemed and taken to be And also that the said C. D. and E. F. and their Heirs and the Survivor of them and his Heirs shall stand and be seized of and in all and singular the said Mannors Lands Tenements Hereditaments and Premisses and of and in every part and parcel thereof with the Appurtenances to and for the several and only uses behoofs intents and purposes and upon and under the limitations Provisoes conditions liberties and agreements hereafter mentioned That is to say of in and to all that Capital Messuage or Tenement with the Appurtenances being parcel of the Premisses commonly called or known by the name of c. scituate and being in F. aforesaid in the said
taken to lead drive bear carry away detain and keep until she or they shall be of the said Rent and Arrears thereof if any shall be fully satisfied contented and paid 7. Provided always and it is likewise further Another to settle Lands in certain with reservation of a Rent to be paid by the Wife Covenanted granted and fully agreed by and between the said Parties to these present Indentures for them and their heirs by these presents That it shall and may be lawful to and for the said A. B. by any Writing Indented by him seal'd and duly executed to assign limit and appoint the said capital Messuage or Mansâ—on House of B. aforesaid and the Lands thereunto belonging with the Appurtenances to the use of the said E. B. his now Wife for Term of her natural life reserving and appointing by the said Indented Writing the yearly Rent of Ten pounds of lawful moneys of England to be paid for the same from and after the death of the said A. B. yearly during the life of the said E. B. at Two usual Feasts or Terms of the year by equal portions at the said Capital Messuage of B. aforesaid to the said C. B. the Son of A. B. and the heirs males of the body of the said C. B. lawfully begotten or to be begotten and after to such person and persons as by the limitation herein before set forth shall have the said House and Lands the first Payment thereof to begin at such of the said Feasts as shall first happen after the decease of the said A. B. And that from and after such limitation or appointment so had or made the said Assurances and Conveyances shall be and the said C. D. E. F. c. and their heirs and the survivors and survivor of them and his and their heirs shall stand and be thereof seised to the only use and behoof of the said E. B. and her Assigns according to such limitation as shall be so had or appointed so that the said E. B. and her Assigns do pay or cause to be paid yearly during Use limited after the particular Estate ended her life the said sum of Ten pounds in manner and form before mentioned expressed and appointed and from and after the death of the said E. B or of the determination of her Estate or use therein by any ways then to the use of the said C. B. and of the heirs males of his body lawfully begotten or to be begotten and after to the use of such Person and Persons and in such â—anner and form and with all such Remainders Over-Vses and Limitations and under all and every such Conditions and Provisoes as the same should have been if no such Assignment Appointment or Limitation by force of this Proviso had been thereof made or appointed 8. Provided always That it shall and may Another more brief be lawful to and for the said A. B. from time to time during his natural life by his sufficient Deed or Deeds in writing or by his last Will and Testament in writing to give grant devise lease limit dispose or appoint to and for the use and benefit of any Wife or Wives whom the said A. B. shall happen to marry for the Term of her natural life for a Ioynture such and so much of the said Mannors Lands Tenements and Hereditaments as to him shall seem meet not exceeding one third part in value of the whole and that in every such case the said C. D. and E. F. and the survivor of them his and their Heirs and Assigns shall stand and be seised of such of the said Mannors Lands Tenâ—ments and Hereditaments as shall be so given granted devised leased limited or appointed to the use of such Wife or Wives for and during the natural life of such Wife and Wives and for and during such Estate and Estates as shall be so given granted devised leased limited or appointed in manner and form aforesaid and under such Covenants Conditions and Provisoes as in such Writing or last Will shall be contained and expressed and after the end or determination of such Estate or Estates to the use of such Person or Person to whom the same ought to be and remain by the true intent and meaning of these presents 9. As to for and concerning the said Mannor Another Proviso for future Wives by way of limitation of Use or Farm of B. to the use of the said C. B. for and during the Term of his natural life without impeachment of or for any manner of waste and from and after his decease to the use and behoof of the said E. B. his Wife for and during her natural life for her Ioynture c. and from and after the decease of the said C. B. and E. B. for and concerning the said Mannor or Farm or so much of the same as the said C. B. shall at any Time or Times during his life by one or more Writing or Writings under his Hand and Seal seal'd and executed in the presence of three credible Witnesses limit and declare for a Ioynture for such other Wife as he shall have at the time of his decease to the use of such Wife for and during her natural life for her Ioynture And for and concerning the residue of the said Mannor or Farm not so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife And for and concerning so much of the said Mannor or Farm as shall be so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife and from and after the decease of such other wife as the said C. B. shall have at the time of his decease to the use and behoof of the first Son of the body of the said C. B. lawfully to be begotten and of the heirs Males of the body of such first Son lawfully to be begotten c. to the tenth Son and the Heirs of the body of such tenth Son lawfully to be begotten And for want of such Issue to the use and behoof of all the Daughters Use to Daughters of the body of the said C. B. lawfully begotten and to be begotten and of the several and respective Heirs of the bodies of such Daughters lawfully begotten or to be begotten c. 10. Provided alwaies and it is fully Covenanted Pâ—wer givâ—n to cestuy que use for life to make Leases concluded and agreed by and between all the said Parties to these presents for them their Heirs and Assigns That it shall and may be lawful to and for the said A. B. And that the said A. B. shall have power and authority from time to time and at all times hereafter at his will and pleasure during the term of his natural life by his Deed or Deeds in writing to demise grant and to farm let all or any the said Messuages Lands Tenements and Hereditaments
and every or any part of parcel thereof as well in possession as in Reversion or in Possession or in Reversion unto any Person or Persons for one two or three lives or for any number of years The time for how long he may demise determinable upon one two or three lives or for the term of twenty one years under such Rents Reservations Covenants Conditions Limitations and Agreements as to him shall sâ—em meet or without any Rent Reservation or Condition at his will and pleasure and that when and so often as any such Demise Grant or Lease shall be made by the said A. B. of the Premisses or any part or parts thereof the said C. D. E. F. The Cognizees or Feofsees to stand seized to the use of the Lessees G. H. c. and every of them and the Survivors and Survivor of them and every of them and his and their Heirs and Assigns shall stand and be seized of such part parts and parcels of the said Messuages Lands Tenements Hereditaments and Premisses as shall be so Demised Leased or Granted immediately from and after such Demise or Demises Lease or Leases Grant or Grants made to the use and behoof of every such person and persons to whom any such Demise or Demises Lease or Leases Grant or Grants shall be so made and of their Executors Administrators and Assigns respectively onely for and during the continuance of the Estate and Estates Term and Terms Interest and Interests to be expressed in such Lease Demise or Grant Leases Demises or Grants and under such Rent or Rents Reservation or Reservations Condition or Conditions Limitation or Limitations as in or by such Lease or Leases Demises or Grants shall be limited expressed or contained respectively according to the intent purport and true meaning of every such Reseâ—vation Condition or Limitation And of the Reversion and Reversions Rents and Services reserved and depending upon the said Leases and Grants and also after the end and expiration of every such Demise Lease and Grant to be made and as the same shall respectively end and determine Then of all and every such part and parts of the Premisses as shall be so Demised Leased or Granted as aforesaid to the use of such person or persons and in such manner and form and of such Estate and Estates with such Remainder and Remainders over as are before herein and hereby limited and declared and to none other use intent or purpose whatsoever 11. Provided alwaies and it is fully concluded Power given to cestuy quâ— use for life and his issue to make Leases and Joynture condescended unto granted and agreed by and between all and every the said Parties to these presents for them and every of them and for their and every of their Heirs and the true intent and meaning of these presents is notwithstanding any limitation of the Vse or Vses aforesaid that it shall and may be lawful to and for the said A. B. and also to and for the said C. B. his Son and to and for all and every the Issue Males or Females of the Body of the said C. B. being seized of the Premisses or any part thereof in his her or their Demesâ—e as of Freehold or Fâ—e Tail by force of any the Vses or Limitations herein before expressed by his her their or any of their Deed or Deeds Indented By Deed or by last Will. to be sealed and executed in the presence of two or three credible Witnesses or by his her their or any of their last Will and Testament in writing to be sealed and subscribed with his her their or any of their Hand or Hands and pronounced and affirmed in the presence of three or more lawful Witnesses to be his her or their last Will to make any Demise or Demises Lease or Leases Devise or Devises of such of the said premisses or of such part thereof as whereof the said A. B. and C. B. or any issue male or female of the body of the said C. B. shall be then seâ—sâ—d of in actual and real possession the chief House Exception called C. and the Deâ—esnes of the said Mannor of C. c. before in and by these presents limited expressed and appointed for the Ioynture of the said E. B. only excepted to any Person or Persons whatsoever To have and to hold the same from and after the Time of the making of such Deed or Deeds Lease or Leases Devise or Devises or any of them to any Person or Persons for and during the Term of eighty years or any lesser Term of years so as the same Lease or Leases Devise or Devises be So as the Leases c. be not without impeachment of waste not made without impeachment of waste by any special Covenant clause or matter for that purpose to be contained within any such Deed or Deeds or last Will and Testament and so as the same be made in such sort as that the same do or shall end determine or expire by or upon the death or deaths of any one Person or of two Persons or of three Persons at the most or otherwise from and after the Time of the making of such Deed or Deeds or last Will and Testament for and during the Term or Terms of one and twenty years at the most or for any lesser Term of years from the Time of the making of such Deed or Deeds or last Will and Testament So as upon such Leases the now Rent be reserved to the next in reversion And so that in or upon every such Demise or Demises Lease or Leases Devise or Devises to be made for twenty years or under or for the Term of eighty years or under determinable upon the death or deaths of one two or three Persons as is aforesaid there be reserved and limited to be paid yearly during such Term or Terms to such Person or Persons for the Time being to whom the immediate freehold of the things so to be demised letten or devised by the intent and true meaning of these presents shall from Time to Time during the continuance of such Term or Terms appertain such yearly Rent or Rents and other Services Boons Customs and Averages or more as are at this present yearly answered paid or done for the said premisses by the now Tenants Farmers or occupiers of the samâ— 12. And further also That it shall and To make a Joynture may be lawful to and for the said C. B. and for every or any Son or Sons heirs male or issue male of the body of the said C. B. and for every Son and Sons and issue male of the several bodies of the said Sons and issue male being then seised in their or any of their Demesne as of Freehold or in Tail by force of any the Vses or Limitations herein before expressed of or in any of the said Mannors Messuages Lands Tenements and Hereditaments herein before expressed or of any
meaning of these presents 18. And that the said Assurances and Conveyances Assurances c. to be to the use of Lessees of the Premisses by Fine Recovery or otherwise to be made and every of them shall be and inure and the said Persons to whom the said Assurances and Conveyances shall be made and their Heirs and Assigns shall stand and be seized of the Premisses and of every part thereof so to be Demised Granted Leased or Devised to the use and behoof of all and every such Person or Persons to whom any such Lease Demise Grant or Devise shall be made his and their Executors Administrators and Assigns during the said term and terms to be contained in the said Demise Lease Grant or Devise according to the tenour effect and true meaning of such Demise Lease or Devise so as the So as the Lessees pay their Rents c. said Lesseâ—s and Devisees and every of them their and every of their Executors Administrators and Assigns and such Person or Persons to whom their or any of their respective term or terms or interest shall come and be devolved shall and do content and pay to the said A. B. or such Person or Persons as shall have at any time during their respective terms or interests the immediate Reversion or Reversions Remainder or Remainders of the Premisses so leased or devised the Rent or Rents and Services to be reserved or made due and payable in and upon every such Lease and Grant or Devise at the times in the said Lease Grant or Devise mentioned or within one Month next after And do likewise perform the Conditions Covenants And perform Covenants Conditions Clauses and Appointments specified in such Demise Lease Grant or Devise And that after the end of such Estate or Estates the said Conveyances and Assurances shall be and inure and the said Persons to whom the said Conveyances and Assurances shall be made and their Heirs and Assigns shall stand and be seized of the said Premisses uso leased or dâ—vised as aforesaid and of every part and parcel thereof to the use of such Person and Persons to whom the same ought to remain by the true intent and meaning of these presents 19. Provided alwaies and it is the intent Power given to two Tenants for life to make Leases successivly and true meaning of these presents and of all the Parties hereunto That it shall and may be lowful to and for the said A. B. at any time or times during his natural life and also to and for the said C. B. at any time or times from and after the decease of the said A. B. during the natural life of the said C. B. by any their several Deed or Deeds in writing at any time or times respectively and successively to Demise Grant or Lease all or any part of the said Mannors Messuages Lands Tenements Hereditaments and Premisses heretofore usually demised or letten which at the time or times of such Lease or Leases shall happen respectively to be in the lawful actual and real possession of an Estate of Freehold in such of them as shall make such Lease or Leases for the time being to any person or persons whatsoever for the term of One and twenty years or under or for three lives or under or for any number of years determinable upon three lives or fewer in possession and not in Reversion so that in and by every such Lease or Leases Demise or Demises so to be made as aforesaid the old ancient and accustomed Rents Duties and Services or more be reserved to be therefore respectively due and payable yearly during the continuance of such several Lease and Leases And that then and immediately from and after such Lease or Leases so made as aforesaid the said C. D. E. F. the Cognizees c. and the Survivors and Survivor of them and his and their Heirs shall stand and be seized of the said Mannors Messuages Lands Tenements and Hereditaments and every part thereof which shall be so demised or leased as aforesaid to the use of such Person or Persons respectively to whom such Lease or Leases Demise or Demises shall be made for such Estate Term and Interest and in such manner and form as the same shall so happen to be demised or leased according to the true intent and meaning of these presents and of every such Demise Lease or Grant And that from and after the end and determination of the Estate or Estates in such Demise or Demises Lease or Leases to be contained the said C. D. E. F. c. and the Survivors and Survivor of them his and their Heirs shall stand and be seized of the said Premisses so leased or demised as aforesaid as the Estate or Estates therein shall cease or 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 20. The first limitation being thus Another by way of use limited to the Lessees briefly To the use of the said A. B. for and during the term of his natural life without impeachment of or for any manner of Waste Then followeth And from and after the decease of the said A. B. to the use of such Farmers or Tenants to whom the said A. B shall at any time hereafter during his natural life by Deed or Deeds by him lawfully executed demise or lease the same for and during the term or terms of One and twenty years or under or for and during the term of one two or three lives under the Reservations Provisoes Covenants and Conditions in such Demise or Lease Demisâ—s or Leases to be contained and from and after the end and determination of the said several Estates for life lives or years and as the same shall severally and respectively end and determine to the use and behoof of the Heirs of the Body of the said A. B. and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 21. To the use of the said A. B. for and Another to the same effect but more full during the term of his natural life and from and after the decease of the said A. B. As to such part of the Premisses as shall be by the said A. B. by any Deed or Deeds by him duly executed during his life demised or leased to any person or persons whatsoever for and during the term of One and twenty years or under or for and during the Term of one two or three lives To the use of such Farmers or Tenants respectively for and during their said several and respective Terms and Interests under the Reservations Covenants Provisoes and Conditions in such Demise or Lease Demises or Leases to be contained And from and after the end and determination of the said several Terms and Interests and as the same shall severally and respectively end and determine
Feoffor until default of payment and after to the use of him that should have had the Rent Another Form First By limiting the Lands to Uses chargeable with the Rents and after the Rent it self c. vide Sect. 5. And as touching and concerning the said Messuage and Lands Charges with the said Rent as aforesaid saving and reserving the said yearly Rent of Fifty pounds unto the said C. B. and his Assigns according to the Estate to him thereof and therein before limited and saving and preserving liberty for him the said C. B. to enter and distrain on the Premisses or any part thereof for non-payment of the said Rent as aforesaid to the use and behoof of the said A. B. his Heirs and Assigns until default of payment of the said yearly Rent or any part thereof by the space of one Moneth next following after either or any of the said Feasts or days of payment And from and after such default of payment to be made as aforesaid to the use of the said C. B. and his Assigns for and during the term of his natural life And from and after his decease then to the use of the said A. B. his Heirs and Assigns forever 8. This Indenture c. Between A. B. of the first part C. D. E. F. and G. H. of the second part and C. B. Son and Heir apparent of the said A. B. and M. the now Wife of the said C. B. of the third part Whereby A. B. is to Covenant to levy a Fine or make a Feoffment c to C. D. E. F. and G. H. Then add And it is hereby declared and agreed by and between all the said parties to these presents That the said Fine c. so to be levied as aforesaid shall be and enure c. and then set down the Vses of part of the Mannors Messuages and Lands contained in the Fine or other Conveyance Then proceed thus And of for and concerning all and singular the rest and residue of the said Mannors Messuages Lands Tenements Hereditaments and Premisses whereof the said Fine or Fines before by these presents is Covenanted to be levi'd by the said A. B. as aforesaid other then such only whereof the several Estates and Vses are severally expressed limited and declared before by these presents To the Uses chargeable with the Rent use and behoof of him the said A. B. and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste nevertheless to be charged and chargeable with such yearly Rents or sums of money and Distresses for the same as shall be hereafter in these presents limited and expressed according to the true intent and meaning of these presents and after the decease of the said A. B. then to the use and behoof of the said C. B. and M. his Wife and the Heirs of their bodies lawfully begotten and to be begotten charged and chargeable as aforesaid And for default of such Issue then to the use and behoof of D. B. second Son of the â—â—id A. B. and of the Heirs males of the body of the said D. B. lawfully to be begotten to be charged nevertheless and chargeable with the yearly Rents Payments and Distresses hereafter mentioned and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever to be charged likewise and chargeable as aforesaid 9. Provided nevertheless and it is the Câ—gnizees to stand seised for the assurance of Rents true intent and meaning of all and every the said Parties and of these presents That the said Fine and Fines to be levied of the said Mannors c. shall be and enure and the said C. D. E. F. and G. H. and their Heirs and the survivors and survivor of them and his and their Heirs shall stand and be seised of and in the said Mannors or Lordships of c. being of the clear yearly value of Three hundred pounds as well to and for the assurance of such Rents and Payments as hereafter in these presents are expressed as also to and for the use intent and purpose That the several person or persons to And the parties upon default may distrain whom the said Rents and yearly Payments are hereafter limited and appointed or that shall or may hereafter be intitled to have and receive such Rent or Rents by force of any the Limitations and Appointments herein after contained or any Power or Authority hereafter given and expressed may upon default of payment of the said Rent or Rents or yearly Payments enter and distrain on the said Mannors c. as hereafter is set down and expressed and according to the true intent and meaning of these presents that is to say to the end intent and purpose That if the said A. B. during the term of his natural life or his Assigns shall not or do not yearly well and truly content satisfie and pay unto the said C. B. and M. his Wife and the survivor of them during the natural life of the said A. B. the yearly Rent or sum of Fifty pounds of good and lawful money of England at two Feasts or days in the year that is to say at the Feast of the Annunciation of St Mary the Blessed Virgin and St. Michael the Archangel by even and equal portions That then and so often as the said yearly Rent or Payment of Fifty pounds or any part or parcel thereof shall so fortune to be bâ—hâ—nd and unpaid it shall and may be lawful to and for the said C. B and M. his Wâ—fe or either of them their or either of their Assign or Assigns Deputy or Deputies at all times during the life of the said A. B. into all and singular the said Mannors c. with the Appurtenances and into every or any part or parcel thereof to enter and distrain as well for the said yearly Rent or payment of Fifty pounds or any part thereof so to be behind or unpaid as aforesaid As also for the Arrearages of the same and of every or any part thereof if any shall fortune to be behind or unpaid as aforesaid and the Distress and Distresses so there to be taken to lead drive take carry away impound and with them or either or any of them to detain and keep until such time as the said yearly Rent or payment of Fifty pounds and every part and parcel thereof so to be behind or unpaid as aforesaid and the Arrearages thereof if any shall happen to be behind or unpaid be unto them or some or one of them fully contented satisfied and paid 10. Provided also and it is also Covenanted Proviso to give Tenant for life power to grant Rents granted concluded and agreed by and between all the said Parties to the presents That it shall and may be lawful to and for the said A. B. at any time or times during his natural life by any
Deed or Deeds in writing under his Hand and Seal duly executed or otherwise by his last Will and Testament in writing to grant assure limit devise or appoint to every or any the younger Sons of the said A. B. of his body lawfully begotten or to be begotten for term of life only of every such younger Son or Sons such yearly Rent charge or Rents charge to be issuing out of the said Mannors c. with a clause of Distress in or upon the said Mannors or any part thereof for every such Rent or Rents as unto the said A. B. shall be thought meet So that the said Rent or Rents to be granted assured or devised in the whole exceed not the yearly sum or yearly payment of One hundred pound And that in Cognizees to stand seized to assure Grants made of Rents every such case the said C. D. E. F. and G. H. their Heirs and Assigns shall stand and be seized of the Premisses to the further use purpose and intent that such younger Son or Sons to whom such Rent or Rents shall be granted or devised as aforesaid shall and may have perceive and enjoy the said yearly Rent or Rents according to the purport and effect of such Grant and Grants Devise or Devises and shall and may Distrain for the said yearly Rent and Rents and for the Arrearages thereof so often as the same shall happen to be behind or unpayed in and upon the said Mannors c. out of which the same shall be limited and appointed and which shall be made chargable therewith by such Deed or Deeds or last Will as aforesaid 10. Provided alwaies and it is granted Power to make Leases for raising of Portions for Daughters Covenanted concluded condescended and agreed by and between all the said Parties to these presents and it is the true intent and meaning of these presents and of all the said Parties thereunto that it shall and may be lawful to and for the said A. B. being the Feoffor to whom an Estate for life is limited with Remainders over c. during the Term of his natural life by Deed or Deeds Indented to be by him sealed and duly executed in the presence of two or more credible Witnesses to make any Lease or Leases Demise or Demises of all or any part of the said Mannors Lands Tenements and Premisses with Th' appurtenances for the term of One and twenty years or under with reservation of Rent or without reservation of Rent at his will and pleasure unto any person or persons whatsoever The Trust to raise portions upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said A. B. shall happen to have and not otherwise provided for that is to say If one Daughter onely then for the raising of Fifteen hundred pounds for that Daughter and if more than one Daughter then for the raising of Seven hundred pound a piece for each and every one of the said Daughters and that all and every such Lease and Leases Demise and Demises so to be made as aforesaid shall be good and effectual in the Law to all intents and purposes and that the said Fine or Fines so as aforesaid or in any other sort to be levyed shall be and inure and the Cognizee and Cognizees therein named his and their Heirs shall stand and be seized of and in such part and so much of the said Mannors Messuages Lands and Premisses as shall be so demised or leased as aforesaid and of every part and parcel thereof to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be Demised or Granted as aforesaid And after the end and determination of the Estate and Estates in such Demise or Demises Lease or Leases to be contained and as the same shall severally end and determine to the use of such person and persons to whom the same ought to remain and come by the true intent and meaning of these presents 11. After a Limitation to A. the Cognizor A Limitation of part to the Cognizees to pay Portions for life and with Remainder in Tail to his Sons as to part of the Mannors c. in the Fine contained and as to the other part after a Limitation to E. B. Wife of A. B. for life if she survive her Husband for her Ioynture Then add And as for and concerning all and singular the Premisses before limited to and for the Ioynture and Livelyhood of the said E. B. with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof from and after the decease of the said A. B. and E. B. his Wife to the use and behoof of the said C. D. E. F. and G. H. their Executors Administrators and Assigns for and during the term of One and twenty years from thence next ensuing and fully to be compleat and ended upon Trust and confidence and to the uses intents and purposes hereafter mentioned limited and declared in and by these presents viz. That in case the said A. B. shall at the time of his decease have living one two or more Daughters of his Body on the Body of the said E. B. lawfully begotten or to be begotten that shall not be then prefer'd in Marriage or if the said A. B. shall at the time of his decease leave the said E. B. with Child with one or more Daughter or Daughters who shall after be born alive that then the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors Administrators and Assigns out of the Rents Issues and profits of the said Messuages Lands Tenements and Hereditaments with Th' appurtenances so to them limited and appointed for The Portions to be paid years as aforesaid shall raise and levy so soon as conveniently may be for the portion of such Daughter if there be but one the sum of One thousand pounds of lawful Moneys of England to be payed to such onely Daughter at her age of Eighteen years or day of Marriage which shall first happen or so soon after as the said sum of One thousand pounds can be raised as aforesaid And if there shall be two Daughters The sum of Five hundred pounds a piece or if there be three or more Daughters the sum of Three hundred pounds a piece to be payed to them respectively and severally at their several and respective Ages of Eighteâ—â— years or days of Marriage which shall first happen or so soon after as the same can conveniently be raised as aforesaid 12. And upon this further trust and confidence If Daughters die before Portions paid how to dispose the Moneys And to the intent and purpose that if it shall happen the
want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 18. Provided always and it is Covenanted Another to stand seized to the use of the Daughters until their Portions paid granted concluded and agreed by and between the said Parties to these presents That if the said A. B. shall happen to die or depart this life without Issue Male of his Body lawfully begotten on the Body of the said E. B. having Issue by the said E. B. one or more Daughter or Daughters unmarryed at the time of his decease That then and from thenceforth the said C. D. E. F. and G. H. and the Survivors and Survivor of them and the Heirs of the Survivor of them immediately from and after the death of the said A. B. without Issue Male as aforesaid shall stand and be seized of all and singular the Premisses whereof no use is before limited to the said E. B. to the use and behoof of such Daughter or Daughters until the said Daughter and Daughters shall and may have and receive out of the Rents Issues and Profits thereof the several sums hereafter mentioned or shall have received good Mony or Security and sufficient Security of and from such person and persons to whom the Reversion or Remainder of the Premisses from and after the death of the said A. B. without Heir Male of his body as aforesaid shall appertain by the true intent and meaning of these presents for the payment of the said sum or sums as is hereafter mentioned that is to say The sum of Fifteen hundred pounds of lawful Moneys of England to such Daughter of the said A. B. if there shall be but one within six Months after she shall have accomplished the Age of One and twenty years or be marryed which of them shall first happen and if there be more then one Daughter Then the sum of Three thousand pounds of good and lawful Mony of England to be paid between all such Daughters of the said A. B. equally part and part like for her and their Marriage Portions at their several and respective Ages of One and twenty years or Marriages which shall first happen respectively and after satisfaction or security of the said sum and sums of Mony given in form aforesaid then to the use and behoof of the said Person and Persons in Reversion and Remainder to whom the said Premisses should have come unto by the intent and true meaning of these presents if the said A. B. had died without Issue Male of his Body by the said E. B. c. 19. To the use and behoof of the said Another form for Portions for younger Sons and Daughters A. B. for and during the term of his natural life without impeachment of or for any manner of Waste and from and after the decease of the said A. B. then to the use and behoof of the said C. D. E. F. and G. H. being the Feoffees or Cognizees their Executors Administrators and Assigns for and during the Term of sixteen years to commence immediately from and after the decease of the said A. B. upon the trust and considence hereafter mentioned And from and after the death of the said A. B. and determination of the said Term or Interest to the use and behoof of C. B. eldest Son and Heir apparent of the said A. B. and of the Heirs of the body of the said C. B. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 20. And it is further by these presents Covenanted The provision for Sons and Daughters concluded and declared by and between all the said Parties to these presents And the true intent and meaning of these presents and of the said Parties hereunto is That all and every the younger Sons and all and every the Daughters of the said A. B. which he shall have at the time of his decease and shall leave unadvanced and unpreferr'd by the said A. B. shall have and receive every of them Two hundred pounds a piece of lawful Monyes of England 200 l. a piece to Sons and Daughters unpâ—eferd or 800 l. amongst all so that it exceed not Eight hundred pounds in the whole and if the same exceed the said sum of Eight hundred pounds in the whole then every of the said Sons and Daughters to have a proportionable part of the said sum of Eight hundred pounds which is to be paid and share and share like to be equally divided between them And that the said several sums of Two hundred pounds a piece or sum of Eight hundred pounds which of them shall become payable by the intent and true meaning of these presents shall be all paid to the said Sons and Daughters respectively within four years next after the decease of the said A. B. by such person or persons which for the time being shall have the next and immediate inheritance of the Premisses depending and expectant upon the determination of the said Term of sixteen years limited to the said C. D. E. F. and G. H. and that until default shall be made of any the said payments which by the To suffer the Persons next in Remainder to enjoy until failer of payment intent and true meaning of these presents are or ought to be made as aforesaid to all and every the said Children they the said C. D. E. F. and G. H. their Executors Administrators and Assigns according to the trust aforesaid in them and every of them reposed shall permit and suffer the said person and persons which for the time being shall have the next and immediate Inheritance of the Premisses from and after the determination of the said Term of sixteen years as aforesaid quietly and peacably from and after the decease of the said A. B. to have and keep the possession of all and every the before-mentioned Premisses and to receive and take the Rents Issues and Profits thereof And that in default of payment of the said sum or sums or any part thereof it is meant and intended by all and every the Parties to these presents that the said C. D. E. F. and G. H. and the Survivors and In default of payment the Trustees to enter and hold until payment Survivor of them his and their Executors Administrators and Assigns shall enter and take the possession of the Premisses and of every part and parcel thereof according to the Limitation herein before expressed And the Rents Issues and Profits thereof shall imploy and convert wholly for and towards the payment of the said several sums of two hundred pounds 〈◊〉 piece to the said younger Sons and Daughters or sum of Eight hundred pounds to be equally divided between them which of them shall become payable according to the true intent and meaning of these presents together with Interest of all and every the
said sum and sums after the Rate of Six pounds per Centum for every year that the same shall be unpaid to be accounted from the end of the four years before-mentioned for payment thereof for the forbearance of the said sum and sums or such part thereof as shall be unpaid as aforesaid And it is likewise meant intended and agreed that after the said sum and sums of Mony with Interest for the forbearance thereof shall be truly paid to the said younger Sons and Daughters they the said C. D. E. F. and G. H. their Executors Administrators and Assigns shall yeild and After the Portions paid to yeild up their interest c. deliver up the Premisses and all their Estate and Interest therein to such Person and Persons to whom the same next and immediately after the expiration of the said Term by the true intent and meaning of these presents shall appertain pursuant to the Trust in them and every of them herein and hereby reposed 21. Provided always and it is concluded Another to pay Portions by power given to grant Annuity or Rent-Charge and agreed by and between all the said parties to these presents That it shall and may be lawful to and for the said A. B. at any time during the term of his natural life by his Deed in Writing under his Hand and Seal duly executed to give grant limit and appoint unto such person or persons as shall to him seem meet and his and their Heirs one Annuity or yearly Rent of Four hundred pounds per annum to be issuing and going out of all and every the Mannor Messuages Lands and Tenements before mentioned with a Clause of Distress for the same or any part thereof when and so often as the same shall be unpaid upon all or any the said Mannor Messuages and Lands in such Writing or Deed to be contained Habendum the said Annuity or yearly Rent-Charge of Four hundred pounds unto the said person or persons and his and their heirs until such time as the sum and sums of money hereafter mentioned shall or may therewith be paid and fully satisfied under and upon such limitations trusts and confidences as hereafter in these presents are contained and expressed the same yearly Rent to be paid at the Feasts of the Annunciation of St. Mary the Blessed Virgin and of St. Michael the Archangel by even and equal Portions and the first Payment thereof to begin at such of the said Feasts as shall happen next after the The trust decease of the said A. B. upon special trust and confidence nevertheless That the said person or persons to whom the said yearly Rent shall be granted as aforesaid and his and their Heirs shall out of and with such sum and sums of money as shall and may be received and had thereof content and pay or cause to be contented and paid as well to the Daughter and Daughters of the said A. B. upon the body of the said E. his Wife lawfully begotten or to be begotten which shall be living at the To pay to the Daughters 300 l. a piece time of the decease of the said A. B. and not then married the full sum of Three hundred pounds a piece for and towards their advancement and preferment in Marriage or otherwise As also to such of the said Daughters of the said A. B. as shall be married in his life-time and whose Marriage-money not exceeding the sum of Three hundred pounds agreed upon by him in his life-time shall be unpaid in part or in the whole at the time of his decease such sum and sums of money as together with such part of the said Marriage-money which shall be paid in the life-time of the said A. B. if any be shall extend to be for every such Daughter Three hundred pounds a piece in the whole the same to be first paid and discharged according to such Covenants Bonds and Agreements as shall be made or entred into by the said A. B. in that behalf And then the other sums aforesaid How to be paid to be levied and paid to every other of the said Daughters successively according to the order and priority of their age and birth And it is further concluded and agreed by and between the said Parties to these presents That The parties to stand seised to the end thâ— Grantee may have or distrain for the Rent the said Conveyances and Assurances to be made and executed as aforesaid shall be and inure And the said C. D. E. F. and G. H. and their Heirs shall stand and be seised of all and every the Mannor Messuages Lands and Premisses before mentioned so to be charged to the end intent and purpose That every such person and persons to whom any such Rent shall be granted limited and appointed according to the true intent and meaning of these presents his and their Heirs and Assigns shall and may from time to time have perceive and enjoy the said Rent according to the purport and effect of such Grant limitation or appointment and may from time to time for non-payment of the said Rent or any part thereof enter into and upon the said Mannor Lands and Tenements so to be charged and distrain for the same and the Arrerages thereof as in case of a Rent-Charge and according to the effect and intent of such Grant Limitation or Appointment CHAP. X. Provision taken for Payment of Debts Legacies c. in the limitation of Vses 1. AS for touching and concerning the said Payment of Debts Legacies c. Messuages Lands Hereditaments and Premisses not herein before limited to the use of the said E. B. wife of A. B. for her Ioynture being parcel of the said Messuages Lands and Tenements comprised in the said Fine to the use and behoof of the said C. D. E. F. and G. H. the Cognizees for and during the Term of one and forty years to commence immediately from and after the decease of the said A. B. upon trust and confidence and to the end intent and purpose that the said C. D. E. F. and Term of 41 years limited upon Trust G. H. their Executors Administrators and Assigns shall and may receive perceive dispose and imploy the Rents Revenues Issues and Profits of the said Messuages Lands Tenements and Premisses respectively for and during the said Term of one and forty years for and towards the satisfaction and payment of all such Debts and sums of Mony which the said A. B. To pay Debts and discharge Sureties Payment of Annuities given to Servants shall happen to owe at the time of his Death or for which any Person or Persons shall at the time of the death of the said A. B. stand ingaged for or with the said A. B. and for his proper Debt and for the payment of such Annuity or Annuities as the said A. B. hath granted or shall hereafter grant or limit to be issuing or going out of
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
of Mony which shall be thereunto hereafter added or put without the consent and agreement of the other of them his Executors Administrators or Assigns first thereunto had and obtained and that such of them as by such consent as is aforesaid shall at any time or times take any thing out of or from the said Stock or other sum or sums of Mony thereunto to be added or put or the proceed thereof shall immediately enter into a Book for that purpose to be kept the sum or quantity by him or them so taken out and the day and year when they took the same to the end that the other of the said Parties his Executors Administrators or Assigns may take notice thereof 114. And also that all such sum and sums Charges and losses equally to be divided of Mony as shall be from time to time hereafter during the said term or space of ten years be laid out or disbursed by the said A. B. and C. D. or either of them in about or concerning the buying and providing of Coals or any other fiting to be spent onely in and about the Trade and Profession aforesaid and that all such charges and expences as shall be expended or laid forth in and about the keeping and maintaining of any Servant or Servants Horse or Horses to be imployed onely about the Art trade or profession aforesaid for the equal benefit and advantage of the said Parties to these presents shall be equally paid laid out and disbursed by and between the said A. B. and C. D. their Executors Administrators and Assigns part and part like And that losses and dammages which shall happen to come or grow either by evil or bad Debtors or by any other casualty whatsoever so as it be not through the wilful negligence or deceit of either of the said Parties their Executors Administrators or Assigns and all Taxations Impositions and other Duties to be charged and imposed upon the said Parties or either of them or either of their Executors or Assigns by reason or means of this their joynt trade or dealing shall be equally and indifferently born paid and discharged by and between the said A. B. and C. D. their Executors Administrators and Assigns out of their several parts of the gains and profits hereafter from time to time to be gotten by means of using the Art Trade or Profession aforesaid part and part like 115. And also that they the said A. B. and To keep true Books of Account C. D. and either of them for himself his Executors Administrators and Assigns respectively doth Covenant grant and agree to and with the other oâ— them his Executors Administrators and Assigns by these presents in manner and form following that is to say That they and either of them shall and will so near as they may or can from time to time during the term of years before-mentioned keep or cause to be kept just and perfect Books of Account and Reckoning in writing to the uttermost of their several knowledge of all the Payments Receipts and Debts to or from them due or owing and of the Gains Losses and all other things touching or concerning this their joynt trade or dealings which Books shall be extant from time Free access to them to time and at all convenient times for the Parties aforesaid or their Assigns to peruse and examine at their and either of their free wills and pleasures And that once in every quarter of Once every quarter to account together a year upon request to be made by one of the said Parties to the other of them during the said term that is to say at the Feasts of c. or oftner if need shall be they the said Parties shall joyn in Reckoning and Account together and make and deliver up either of them to the other of them to the best of their several knowledge true plain and perfect Account or Accounts in writing and concerning the said sum or stock of c. and all such other sum and sums of Mony as shall be thereunto hereafter added or put and of all other things in joynt trade and dealing between them and of all Gains and Losses arising thereby and all Debts to them due or owing or by or from them due or owing and of all Receipts Payments doings or dealings in or concerning their said joynt trade or dealing without any voluntary concealment withdrawing or unjust detaining of any of the said principal Stock or of any other sum or sums of Mony thereunto to be put or of any gains profit or Commodity which should or in any wise ought to arise or come to the equal uses of the said Parties by the true intent and meaning of these presents 116. And that upon every such Account and Accounts so from time to time in form aforesaid The cleer Gains to be divided upon the account to be made and passed all the clear gains profit and increase which shall be found upon the foot of any such Account or Accounts shall be immediately shared parted and divided in equal halves between the said Parties their Executors Administrators and Assigns that is to say The said A. B. his Executors Administrators or Assigns shall have and receive the one moiety or half part thereof and the said C. D. his Executors Administrators or Assigns shall have and receive the other moiety or half part thereof 117. And it is further Covenanted and agreed No advantage by Survivor by and between the said A. B. and C. D. And either of them doth severally and respectively Covenant grant and agree for himself his Executors Administrators and Assigns to and with the other of them his Executors Administrators and Assigns by these presents That if it shall fortune either of the said Parties to die or depart this life during the term of years above-specified before any separation or division shall be made between them of their said joynt dealings the other of them surviving that in such case no advantage by the Survivor of the said Parties his Executors or Administrators in right or in respect of his Survivorship shall hold or take place or be by him or them taken challenged or demanded but that such part and portion of in and to the said principal Stock and the gains and increase thereof which is or shall be due or belonging to such of the said Parties so deceasing at the time of his death shall come and be payed to the Executors Administrators or Assigns of the said deceased Party in such like and so large ample and beneficial manner and form as the same ought to have grown due or been payed or satisfied unto the said deceased Party himself if he had been living at the time of the surceasing or determination of the said Copartnership 118. And the said C. D. for himself his To be faithful Executors and Administrators doth Covenant and grant to and with the said A. B. his Executors
said A. B. hath not heretofore released or discharged nor that he his Executors or Administrators shall or will hereafter release or discharge all or any the Debts Duties sum or sums of Mony or Demands in the said Schedule called the first Schedule mentioned without the consent or agreement of the said C. D. his Executors Administrators or Assigns first had and Not to discontinue any Action obtained in writing under his or their hands in that behalf Nor voluntarily or willingly discontinue disavow or be Non-suited in or make any retraxit or other discharge to hinder or delay any Action Suit or Plaint which the said C. D. his Executors Administrators or Assigns shall at any time commence sue or prosecute for the Recovery getting in or obtaining the said Debts and sums of Mony in the said Schedule called the first Schedule mentioned and contained or any of them 24. But that he the said A. B. his Executors To justifie Actions and Administrators shall and will from time to time and at all times hereafter justifie maintain avow and allow all and every such Actions Suits Plaints and Process which he the said C. D. his c. shall at any time hereafter commence sue forth or prosecute at the cost and charges of the said C. D. his Executors Administrators or Assigns against any person or persons for the recovery or getting in of all or any of the said Debts and sums of Mony in the said Schedule called the first Schedule annexed to these presents contained and expressed 25. And the said C. D. for him his Executors To discharge c. the other and Administrators doth by these presents Covenant and grant to and with the said A. B. his Executors and Administrators That he the said C. D. shall and will from time to time and at all times hereafter sufficiently acquit discharge and save harmless the said A. B. his Executors and Administrators and every of them of and from all and all manner of damages troubles suits arrests costs and charges whatsoever which shall be taxed upon or happen to be had brought recovered or obtained against the said A. B. his Executors or Administrators Goods Chattels or Lands for or by reason of any Action Suit Plaint Process Iudgment Arrest or Execution which the said C. D. his Executors Administrators or Assigns shall hereafter bring commence pursue or prosecute or cause to be brought commenced pursued or prosecuted against any person or persons in the said Schedule called the first Schedule mentioned or contained 26. And the said C. D. for the consideration Assignment of Debts by C. D. to A. B. aforesaid doth grant assign and set-over remise and release unto the said A. B. his Executors and Administrators all and every the Debts Obligations and Bills obligatory and several sums of Mony Duties and Demands in the said Schedule called the second Schedule annexed to this present Indenture and allotted to the said A. B. as aforesaid contained and expressed and all Writings and Specialties whatsoever touching or in any wise concerning the same or any of them and all his part portion interest and demand of in and to the same or any part or parcel thereof together with all such benefit and advantage as the said C. D. his Executors or Administrators can or may lawfully have take or receive upon or by reason of any of the said Debts Duties or Demands contained or expressed in the said Schedule called the second Schedule annexed to these presents And that all and every the said several sums of Mony in the said Schedule called the second Schedule mentioned and contained shall be and remain fully and wholly and to the sole and proper use of the said A. B. his Executors Administrators and Assigns without the let trouble or contradiction of the said C. D. his Executors Administrators or Assigns and without any account to be rendred or yeilded unto the said C. D. his Executors Administrators or Assigns for or in respect of the same 27. And the said C. D. doth Covenant promise Not to release the Debts c. and grant for himself his Executors and Administrators to and with the said A. B. his Executors and Administrators by these presents That neither the said E. D. in his life time nor the said C. D. since his decease have not heretofore received released or discharged nor that the said C. D. shall or will at any times hereafter receive release or discharge the said Debts Duties sum or sums of Mony and Demands or any of them in the said Schedule called the second Schedule mentioned and allotted unto the said A. B. for his part as aforesaid of the premisses without the consent of the said A. B. his Executors Administrators or Assigns first thereunto had and obtained in writing under his or their hands nor shall or Not to delay any Suit will voluntarily or willingly discharge hinder or delay any Action Suit or Plaint whatsoever which the said A. B. his Executors Administrators or Assigns shall at any time hereafter commence sue or prosecute for the Recovery getting in or obtaining of all or any the said Debts or sum or sums of Mony or Demands in the said Schedule called the second Schedule mentioned or contained 28. And whereas the said Debt Books Covenant to deliver up the Bonds c. and shew forth the Shop-Books and other Books Bills Bonds Obligations and Specialties wherein the Debts Duties and Demands before-mentioned and wherein or whereby any Wares or Merchandizes were sold or delivered to the persons in the said last mentioned Schedule named or contained are now in the hands or possession of the said C. D He the said C. D. doth Covenant for him his Executors and Administrators with the said A. B. his Executors Administrators and Assigns that he the said C. D. his Executors or Administrators shall and will within two Months after the daâ—e of these presents deliver or cause to be delivered unto the said A. B. his Executors Administrators or Assigns safe whole and uncancelled and undeâ—aced all and every the Bonds obligatory Bills and Specialties herein before-mentioned to be assigned unto the said A. B. and whereby any of the Debts in the said second Schedule mentioned are or shall become due and payable and shall and will also upon reasonable request unto him the said C. D. his Executors or Administrators to be made by the said A. B. his Executors Administrators or Assigns produce and shew forth unto the said A. B. his Executors Administrators or Assigns or to or before such person or persons as he or they shall appoint or direct The said Books called the Debt Books and all other Books and Writings which remains in the hands custody or possession of the said C. D. wherein the said Debts Duties and Demands or any of them contained in the said Schedule called the second Schedule are contained or whereby or wherein any Wares or Merchandizes touching or
contained therein doth grant and render back to the Cognizor the lands c. or some part thereof and many times limitting thereby Remainders to persons that are Strangers and not named in the writ of Covenant This fine is partly executed partly executory and hath Proclamations and is quoad partem priorem absolutely of the same Nature with a Fine sur Cognizance de droit come ceo c. but as to the second part containing a Grant and render as aforesaid it is taken in law to be rather a private Conveyance or Charter then to have the force of a Fine which as we have before expressed is declared to be a Feoffment upon Record With this agrees the Lord Cooks exposition in 5. Rep. fo 38. where speaking of a Fine with Render he hath these words The Cognizance of a Fine and a Grant and render therein shall be expounded and taken as a Charter or other Conveyance between party and party and not as a Writ or Iudgment upon Record A Fine sur Cognizance de droit tantum ove Fine sur done grant what grant which is also called a Fine sur done grant is levyed without Proclamations executory and much of the Nature of a Fine sur Concessit and is used commonly by Tenant for life to make a surrender of the Lands contained in it to him or them that have the Reversion or Remainder thereof and so you will find it used Chap. 10. Sect. 1. and 5. of this Treatise And sometimes it is expressed by such Fine that the particular Estate is in another and that the Cognizor willeth that the other shall have the Reversion or that the land shall remain to the other after the particular Estate spent West Symb. part 2. Dyer 216. Plowd 265. Coke 3. 86. and 7. 12. Crooke 1. last published fo 693. A Fine sur Concessit is where the Cognizor is Fine sur Concessit what seised of the Lands contained therein and the Cognizee hath no Freehold therein but it passeth by the Fine it is without proclamations and executory for the Cognizee or Cognizees therein must enter and have a writ of habere facias seisinam according to their several cases for the obtaining of the possession if the parties at the time of levying such Fine sur Concessit be not in possession of the thing granted but if they be in possession at such time there needs not any such Writ or any Execution of the said Fine to put them into possession for then the Fine will enure by way of Extinguishment of Right and doth not alter the Estate or right of the Cognizee however perchance it may better it CAP. III. Of the parts of a Fine THe parts of a Fine are five viz. The writ of Covenant 2. The Composition or the Kings licence to alienate 3. The Concord 4. The Note of the Fine 5. The foot of the Fine And if it be a Fine sur Cognizance de droit come ceo c. it is requisite that a sixth be added viz. Proclamations as a necessary adjunct thereunto 1 The writ of Covenant is the original writ Writ of Covenant taken out by the Cognizee or Cognizees against the Cognizor or Cognizors to the Fine for without â—his a Fine cannot be levyed And a Fine may be levyed upon any writ of Right or other writ whereby Land is demanded or may be recovered 2 The Composition or Kings Licence to alienate Composition for which the 〈◊〉 hath a Fine or sum of mony which is called the Kings Silver and is paid in when the Land reposeth 3 The Concord or Agreement between the Concord parties that intend the levying of the Fine wherein is declared how and in what manner the things contained in the writ shall pass and as the writ of Covenant is the foundation so this is the substance of the Fine For if the Kings Fine be entered and indorsed upon the writ of Covenant by the Clerk of the Kings Silver although the Cognizor dye before the Fine comes to the Chirographer yet is the Fine good for the Note and foot of the Fine are but Abstracts taken out of this by the Chirographer 4 The Note of the Fine which is an Abstract Note of the Fine taken out of the writ of Covenant and Concord by the Chirographer before it be ingrossed and begins thus ss Inter A. B. quer C. D. deforcientem 5 The foot of the Fine includeth the whole Foot of the Fine Fine the parties to the same the thing granted the day year and place and before whom the Concord was made and this is called the foot because it is the last part of the Fine And when this is done the Fine is ingrossed of Record and the Indentures made by the Chirographer and delivered to the party to whom the Cognizance is made and then the Fine is said to be ingrossed The Proclamations made upon a Fine which although they be not the essential parts of a Fine yet as is said before are requisite to a Fine sur Cognizance de droit come ceo c. for they do make a Bar according to what doth pass CAP. IV. Who may be Cognizors and Cognizees in Fines and by what names they may give and take in a Fine SVch persons Male or Female or bodies sole or Who may be Cognizors in Fines Corporate that are capable of granting by deed may be Cognizors in Fines And so an Infant Feme covert an Ideot mad or Lunatick person one non sane memorie or that hath a Lethargy or a doting old person that wants discretion a man that is drunk or one born blind deaf and dumb a Bastard an out-lawed person or one Attainted of Treason or Felony or persons that are compelled thereto by threats and Menaces to lose their lives or members or to suffer Imprisonment and a Fine levyed by them may be good But the Iudges or Commissioners before whom Fines are to be levyed by such persons ought not to admit such unfit persons to acknowledge Fines as Madmen Lunaticks Ideots doting persons men that have the Lethargy or are drunk Infants Feâ—e Coverts and such as are forced to it by threats or Imprisonment neither ought such as are born blind deaf and dumb persons attainted of Treason or Felony and such like to be received to levy Fines But if any of these be admitted Cognizor in a Fine and such Fine be thereupon levyed in due form of law The Fine in most cases will be good and unavoidable Coke 12. 124. Lit. Sect. 731. fieri non debet sed factum valet A Fine may also be levyed by a Mayor and Commonalty and such other Corporations Civil and bodies Politick as have an absolute Estate in their possessions belonging to their Corporations if it be done together and by the joynt consent of the body Corporate For no one of the Corporation no not the head of the Corporation by himself nor any of the
ejus quod juste c. teneant T. Y. Conventionem c. de Manerio de L. L. alias L. D. cum pertinentiis ac de octo Mesuagiis uno Columbar quadringentis acris Terre sexaginta acris Prati quinquaginta acris Pasture Centum acris Bosci Centum acris Jampnorum Bruere quadraginta solidat reddit cum pertin in L. L. necnon de Rectoria de L. L. cum pertin Aceciam de omnibus omnimodis decimis quibuscunque provenien crescen seu renovan in L. L. nisi c. ET est Concordia talis scilicet quod predicti S. K. concesserunt predicto T. Manerium tenementa Rectoriam decimas predictas cum pertin Habend tenend prefato Thome Executoribus Assign suis à Festo Sancti Michaelis Archangeli ult preter it usque ad plenum terminum Nonaginta novem Annorum extunc prox sequen plenarie complend finiend si predicti S. K. aut eorum alter tam diu vixerit vel vixerint reddend proinde predictis S. K. eorum superviventi unum granum Piperis annuatim solvend ad Festum Annunciationis beate Marie Virginis durante toto termino predicto si petitum sit Et preterea iidem S. K. warant predicto T. Executoribos Assign suis predicta Manerium tenementa Rectoriam decimas predictas cum pertinentiis sicut predictum est contra predictos S. K. Heredes Assign suos duran vâ—t is ipsorum S. K. vita eorum diutius vivâ—n Et pro hac c. Sect. IX A Fine sur Done Grant with render to one of the Cognizors part of the Premises for a Month remainder to J. and R. Strangers for their lives remainder to the Son of J for life reserving Rent with Clause of Distress for non-payment with grant of the Reversion to two other of the Cognizors Somers ss PRecipe Johanni Farmer Millti Matilde â—xori ejus Roberto Hoskins quod juste c. teneant Thome Parke Johanni Kent Conventionem c. de duobus Mesuagiis uno Gardino uno Pomario viginti duobus acris Terte sex acris Prati quinquaginta octo acris Pasture cum pertinentiis in Mudford Et nisi c. ET â—st Concordia talis scilicet quod predicti Johannes Matilda Robertus recogn tenementa predicta cum pertin esse jus ipsius Thome â—t illa que iidem Thomas Johannes Kent habent de dono predictorum Johannis Farmer Militis Matilde Roberti illa remiserunt quiete clamaverunt de ipsis Johanne Farmer Milite Matilda Roberto heredibus suis prefat is Thome Johanni Kent heredibus ipsius Thome imperpetuum Et preterea iidem Johannes Farmer Matilda Roâ—ertus concesserunt pro se heredibus ipsius Johannis Farmer quod ipsi warant tenementa predicta cum pertin prefat Thome Johanni Kent heredibus ipsius Thome contra omnes homines imperpetuum Et pro hac Recogn c. iidem Thomas Johannes Kent concesserunt predicto Roberto sex acras Terre tres acr acras Prati quadraginta sex acras Pasture de tenementis predictis cum pertin illa ei reddiderunt in eadem Curia habend tenend eidem Roberto pro termino unius Mensis jam prox fâ—tur post terminum illum fiâ—itâ—m eadem sex acre Terre tres acre Prati quadraginta sex acre Pasture cum pertin integre reman cuidam Johanne modo uxori cujusdam Rogeri Newman cuidam Richardo Newman filio eor undem Rogeri Johanne Habend tenend prefat Johanne Richardo tota vita eorundem Johanne Richardi eorum alterius diutius viven Et post decessus eorundem Johanne Richardi Newman eadem sex acre Terre tres acre Prati quadraginta sex acre Pasture cum pertin integre reman Johanni Newman filio predictorum Rogeri Johanne uxoris ejus Habend tenend eidem Johanni filio tota vita ejusdem Johannis filii Reddendinde annuatim pâ—edi is Thome Johanni Kent heredibus suis Centum octo solidoâ— decem denarios ad Festa Annunciationis beate Marie Virginis Sancti Michaelis Archangeli per equales portiones annuatim solved Et si conâ—ingat annualem redditum Centum octo solidorum decem denariorum vel aliquam inde parcellam aretro fore in parte vel in toto post aliquod Festorum predictorum in quo sive quibus ut prefertur solvi debeat non solut quod tunc bene licebit prefatis Thome Johanni Kent heredibus Assign suis tam in tota vita naturali predictorum Johanne Richardi Newman modo uxoris predicti Rogeri eorum alterius diâ—tius viven quà m tota vita predicti Johannis filii in predictas sex acras Terre tres acrâ—s Prati quadraginta sex acras Pasture cum pertin in quamlibet partem parcellam inde intrare distringere districtionesque sic ibidem capt licite abinde abducere essugare asportare penes se retinere quousque de predicto annuali redditu Centum octo solidorum decem denariorum de qualibet inde parcella una cum arreragiis ejusdem si que fuerint eis plenarie fuerint satisfact persolut Et ulterius iidem Thomas Johannes Kent concesserunt predicto Roberto Hoskins duo Mesuag unum Gardinum unum Pomarium sexdecim acras Terre tres acras Prati duodecim acras Pasture resid tenementorum predictorum Et ill ei reddiderunt in eadem Curia Habend tenend eidem Roberto pro termino unius Mensis post terminum illud finit eadem duo Mesuagia unum Gardinum unum Pomarium sexdecim acras Terre tres acras Prati duodecim acras Pasture resid integre reman cuidam Richardo Newman patri predicti Rogeri Newman ac predictis Rogero Newman Johanne uxori ejus Habend tenend elsdem Richardo Rogero Johanne rota vita ipsorum Richardi Rogeri Johanne eorum alterius diutius viven Reddend inde annuatim predictis Thowe Johanni Kent heredibus suis tresdecim solidos legalis monete Anglie ad predicta Festa Annunciationis beate Marie Virginis Sancti Michaelis Archangeli per equales portiones annuatim solvend Et si contingat redditum predictum annualem tresdecim solidorum aut aliquam inde parcellam aretro fore in parte vel in toto post aliquod Festum festorum predictorum in quo uâ—prefertur solvi debeat non solut quod tunc bene licebit prefat Thome Johanni Kent in predicta duo Mesuagia unum Gardinum unum Pomarium sexdecim acras Terre tres acras Prati duodecim acras Pasture resid cum pertinentiis Et in quamlibet inde parcellam intrare distrinâ—â—â—e districtionesque sic ibidem capt abinde abdâ—cere effugare asportaâ—e penes se retinere â—uousque de predict annuali redditu tresdecim soâ—â—dorum unacum
Maneria tenementa reddit predict pertinent imperpetuum Et si contingat quod idem F. obierit sine heredibus per ipsum de corpore ipsius Marie procreat tunc post decessum ipsius F. predict Maneria tenementa reddit cum pertin integre reman prefato M. hered ipsius M. quos predictus F. procreavit de corpore ipsius Marie tenend de Capitalibus dominis feodi illius per servicia c. Et si contingat quod eadem M. obierit sine heredibus per predict F. de corpore ipsius Marie procreat turc post decessum ipsius Marie predict Maneria tenementa reddit cum pertin integre reman rectis heredibus prefati Willielmi Tenend de Capitalibus Dominis feodi illius per servicia que ad predicta Maneria tenementa redditus pertinent imperpetuum Sect. XVIII A Fine sur done Grant with render for life of the Cognizor Revertion to the Cognizees Buck. ss HEc est finalis Concordia c. inter Edwardum Hastings Militem Mariam uxorem ejus querentes Oliverum Man Militem deforc de Manerio de Stoke c. cum pertin ac de 50 Mesuag 2000 acris Terre 100 acris Prati 1000 acris Pasture 100 acris Bosci 50 librat reddit cum pertin in Stoke unde placitum Conventionis sum fuit inter eos in eadem Cur. scilicet quod predictus Oliverus recogn Maneria tenementa reddit predict cum pertin esse jus ipsius Marie ut illa que iidem Edwardus Maria habent de dono predict Oliveri Et illa remisit quiet clam de se heredibus suis predict Edwardo Marie heredibus ipsius Marie imperpetuum Et pro hac c. iidem Edwardus Maria concesser predicto Olivero predicta Maneria tenementa reddit cum pertin Et illa ei reddiderunt in eadem Curia Habend tenend eidem Olivero de predictis Edwardo Maria hered ipsius Marie pro termino vite naturalis ipsius Oliveri Reddend inde annuatim unam Rosam ad Festum Nativitatis Sancti Johannis Baptiste pro omnibus serviciis consuetis exaction ad predict Edwardum Mariam heredes ipsius Marie imperpetuum Et faciend inde Capitalibus dominis feodi illius pro predictis Edwardo Maria heredibus ipsius Marie omnia alia servicia que ad predicta Maneria tenementa pertinent tota vita ipsius Oliveri Et predicti Edwardus Maria heredes ipsius Marie warant predicto Olivero predicta Maneria tenementa reddit cum pertin contra omnes homines tota vita ipsius Oliveri post decessum ipsius Oliveri predict Maneria tenementa cum pertin integre reverterint ad predictos Edwardum Mariam heredes ipsius Marie quiet de heredibus predicti Oliveri renend de Capital dominis feodi illius per servlcia que ad predicta Maneria tenementa pertinent imperpetuum Sect. XIX Grant and render of a Rent Charge and Lease for years Essex ss PRecipe Thome M. Marie uxori ejus Thome S. quod juste c. teneant Thome Parker generoso Johanni Kent Conventionem c. de Manerio de B. cum pertin ac de uno Mesuagio uno Columbari duobus Gardinis ducentis acris Terre viginti acris prati sexaginta acris Pasture quinquaginta acris Bosci viginti solidat reddit cum pertin in B. Et nisi c. ET est Concordia talis scilicet quod predicti Thomas Maria Thomas S. recogn Maneria tenementa reddit predict cum pertin esse jus ipsius T. P. ut illa que iidem Thomas Parker Johannes habent de dono predictorum T. M. T. S. Et illa remis quiet clam de ipsis T. M. T. S. heredibus suis prefatis T. P. J. heredibus ipsius T. imperpetuâ—m Et preterea iidem T. M. T. S. concesserunt pro se heredibus ipsius T. quod ipsi warant Manerium tenementa reddit predict cum pertin prefatis T. P. J. heredibus ipsius T. P. contra omnes homines imper petuum Et pro hac recognitione remissione quiet clam warantia fine Concordia iidem T. P. J. concesserunt eidem T. M. quandam Annuitatem sive annualem redditum decem librarum exeun de Manerio tenementis reddit predictis cum pertin Et ill ei reddiderunt in eadem Curia habend percipiend eidem Marie pro termino vite ejusdem Marie ad Festa Annunciationis beate Marie Virginis Sancti Michaelis Archangeli per equales portiones solvend primo tamen termino solutionis ejusdem Annuitatis sive annualis redditus incipiente ad idem Festum festorum predictorum quod prius proxime contingerit post mortem predict Thome M. non antea Et si contingat predict Annuitatem sive Annualem redditum decem librarum aretro sore in parte vel in toto post aliquod Festum festorum predictorum post mortem ejusdem Thome quibus ut prefertur solvi debeat quod tunc bene licebit prefate Marie durante vita sua in predicta Maneria tenementa cum pertin intrare distringere Et districtiones sic ibid. capt abducere asportare effugare penes se retinere quousque de predicta Annuitate sive Annuali redditu una cum arreragiis ejusdem si que forent sibi plenarie satisfact fuerint persolut Concesserunt etiam prefati T. P. J. predicto Thome Man Maneria tenementa reddit predict cum pertin Et illa ei reddiderunt in eadem Curia Habend tenend eidem Thome assignatis suis à Festo Sancti Michaelis Archangeli jam ultimo preterito usque ad finem termini triginta Annorum extunc proxime sequen plenarie complend Reddend inde annuatim prefatis Thome Parker Johanni heredibus ipsius Thome Parker pro primis quinque Annis predictorum triginta Annorum unum granum Piperis ad Festa sei Michaelis c. si petatur annuatim solvend necnon reddendo annuatim prefatis T. P. J. heredibus ejusdem T. pro primis sex decim Annis tantum tunc prox sequen parcell residui predictorum triginta Annorum quadraginta solid legalis Monete Anglie ad duo Festa Sancti Michaelis Archangeli Annunciationis beate Marie Virginis per equales portiones annuatim solvend Et si contingat predictam annualem reddit unius grani Pipeâ—is aut predictum annualem reddit quadraginta solidorum vel aliquem eorum vel aliquam inde parcellam aretro fore non solut in parte vel in toto post aliquod Festum festorum predictorum in quo ut prefertur solvi debeant quod tunc bene licebit prefat T. P. J. heredibus ejusdem T. in predict Maneria tenementa reddit cum pertin intrare districtiones sic ibid. capt licite abinde abducere