this That a Deed to lead the use of a fine may be either by an Instrument Poll or Indented and the Indented may be either single of two parts of three parts called Tripartite or four parts called Quadripartite or of more parts as the case is thus This Indenture c. between A. of the one part and B. of the second part Or Tripartite as This Indenture c. between A. of the first part B. of the second and D. of the third part Or Quadripartite between A. of the first part C. of the second part E. of the third part and G. of the fourth part and so to name all the persons except the common Vouchee that bear any part in the Deed Fine or Recovery And so in all other matters as the case is the Indentures are to be drawn up In the last place I will cite Six or Seven Cases in this Point and so go on to the next head 1. In 31 H. 8. Nota That a Fine being enrolled in London doth bind as a Fine at Common Law but not as a fine with Proclamations and there needs no Livery of Seisin upon the Deed and this is a Discontinuance without Livery for that by the custome there this bindeth as a fine and the Customes are confirmed by divers Acts of Parliament Litt. Broo. Case 155. 2. In Pasche 2 Jac. B. R. in the Case of the Countess of Rutland against the Earl of Rutland It was held upon Evidence to a Jury and to them delivered by the Court for Law That if there be an Indenture for levying of a Fine to such persons before such a time to such uses and the fine be levied to the same persons within the same time it shall be to the same uses And no Averment can be to the contrary unless it be by other matter in writing But if a fine be levied to other persons or at another time it may be well averred by Paroll to be to other uses For in the first case the Indenture is directory to the fine and in the other case it is but Evidence Cro. 2.29 3. If a Woman who is an inheritrix covenants by Indenture without the knowledg or consent of the husband to levy a Fine to certain Conusees and Uses in the Indenture mentioned and afterwards the Husband covenants by another Indenture without the knowledg and consent of his wife to levy a fine to other Conusees and Uses in that Indenture mentioned and afterwards the husband and wife joyn in a fine to the Conusees in the Indenture of the wife mentioned In this case the Limitations and Declarations of both the Uses in both the Indentures are void and the Fine shall be by construction of Law to the use of the woman and her heirs as if no use had been declared for the wife alone though she be Owner of the Land yet being sub Potestate Viri cannot limit the use on the one side And the husband who hath not any thing in his own right cannot without the good liking of the wise limit the use of the Wives Land So the one is not sui Juris and hath an Estate The other is sui Juris and hath not the Estate and therefore when they differ in the limitation of the Uses all which they do must be void 4. Tenant for life by Fine granted totum statum to A. and his heirs the Grantee dyes the heir being impleaded in a Praecipe prayed ayd and could not have it because it is but an Occupance Co. 10.95 Dyer 321. 5. In the Case of Iseham and Morris Pasch 4 Car. 1. It was Resolved among other things That where one is Lessee for years and assigns over his Lease in trust for himself and afterwards purchases the Inheritance and occupies the Land and then levies a a Fine with Proclamations and the Lessee doth not claim the Lease within the five years this Fine and Non-claim shall barre the interest of the Lessee though he who levied the Fine hath the possession by reason of the Trust But this Trust is included in the fine and the Trustee not making claim his Interest is barred thereby Cro. 1.78 6. Nota. It was agreed by all the Justices and by the Prothonotaries That if the Disseisor levy a Fine and the Disseisee in the preservation of his right against the said fine enter his Claim in the Record of the foot of the fine that the same is not any such claim as shall avoid the Stat. of 4 H. 7. See for this the Lord Zouches Case in Plowd Com. Mich. 29 Eliz. in C. B. 7. In Hill 45 Eliz. B. R. Fitz-Williams Case in Ejectione Firmâ— it was found That Fitzwilliams did suffer a Recovery to the use of himself and his wife with a Remainder to John Fitz-Williams and with a Proviso in these words Provided That it shall be lawful for him and his wife by their Joynt Deed sealed before three Credible witnesses to alter change revoke determine and make void any use or uses Estate or Estates limited in the said Deed and to limit new uses and that from thenceforth the Recovery shall be to the new uses And it was found moreover that Fitz Williams made a Deed and by it declared That it was their intent to alter change determine revoke or avoid all the former uses to J. F. and thereupon without more words limit new Uses In this Case it was doubted If the old Uses were well revoked and the new uses in being And after many Arguments it was adjudged a good Revocation of the old Uses and a good limitation of new uses Moors Rep. 683. And it seems the like Law is of the Uses of a Fine 8. A Fine was levied to A. to the use of A. for life the Remainder to E. in tail the Remainder in fee to B Provided That if B. pay 100 l. that he shall have Tail in fee expectant In this case upon the payment the use shall arise accordingly Dyer 314. 9. If there be Tenant for life the Remainder in see to an Infant and they both levy a Fine and after the fine is reversed as to the Infant yet the Conusee shall have the Land for the life of the Tenant for life because that each of them gave that which he might lawfully give Englishes Case Co. 1. Part 76. in Bredons Case I will in the last place give you the Statutes concerning Fines The first of which is 27 H. 1. Stat. 1. cap. 1. De finibus levatis Exception against a Fine that the Plaintiffs or Defendants or their Ancestors were alwayes seised of the Lands contained in the fine shall not from henceforth be admitted in the Parties to the fine or their heirs The Fines shall two dayes in the Week be publikely and solemnly read and all Pleas cease in the mean time 34 Ed. 3. cap. 18. The Plea of Non-claym of Fines from henceforth to be levied shall not be any barre Marlb 1. cap. 7. All Fines
the husband in tail Remainder to another in Fee and the husband doth suffer a Common Recovery In this case it was held That this was no barre to the Issue in tail for any part for there are no moieties between them And there where the husband alone suffers the Recovery there is no lawful Tenant to the Praecipe and so the Recovery is no barr Co. 3.5 Marquess of Winchester's Case 8. In 25 H. 8. it was held That if my Tenant for life vouch a stranger who doth enter into the Warranty and cannot barre the Demandant and the Demandant doth recover and the Tenant over in value That the Land recovered in Value shall not go to me in Reversion after the death of Tenant for life nor shall the Reversion of the Land recovered in Value be in me in the life of the Tenant for life Broo. Cases Sect. 70. 9. In 30 H. 8. it was held That where there was Tenant for life a remainder in taile or for life and the Tenant for life is impleaded and doth vouch him in remainder who doth vouch one that hath a title of Formedon so the Recovery pass by Voucher then the issue of him that hath a title of Formedon may bring his Formedon and recover against the Tenant for life for the recompence shall not go to the Tenant for life and therefore he may recover for his Ancestor war ranted the remainder only and not the Estate of the Tenant for life and therefore the Tenant for life may not bind him by the Recovery for he did not warrant to him and therefore in this case the sure way is to make the Tenant for life to pray in ayd of him in remainder and they to joyn and vouch him that hath the title of Formedon and so to pass the Recovery for the recompence shall go to them both Broo. Case 143. In the last place we come to the Statutes concerning this Point an abstract whereof followes Stat. 7 H. 8. chap. 4. That Recoverors of Lands Tenements and Advowsons their Heirs and Assigns may distrain for Rents Services and Customs due and unpaid and make avowry and justifie the same and have like remedy for recovering them as the Recoverors might have done or had albeit the Recoverors were never seised thereof and shall have also a Quare Impedit for an Advowson if upon avoidance any disturbance be made by a stranger as the Recoverors might have had albeit the Recoverors were never seised thereof by Presentation And here Avery Avowant or Bayliff in any Replegiari or Second Deliverance if their Avowry Conusance or Justification be found for them or the Plaintiff be otherwise barred shall recover his damages and costs Stat. 21 H. 8. chap. 15. That a Termor for years may falsifie a feigned Recovery had against him in the Reversion and shall retain and enjoy his term against the Recoveror his heirs and assigns according to his Lease Also that the Recoveror shall have like remedy against the Termor his Executors or Assigns by Avowry or Action of Debt for the Rents and Services reserved upon such Lease and due after such Recovery and also like Action for wast done after such Recovery as the Lessor might have had if such Recovery had never been and no Stature-Merchant Staple or Execution by Elegit shall be avoided by such feigned Recovery but such Tenant shall also have like remedy to falsifie such Recoveries as is here Provided for the Lessee for years Stat. 34 35 H. 8. chap. 20. That no feigned Recovery hereafter to be had by assent of parties against any Tenant or Tenants in tayl of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such Recovery had shall be in the King shall bind or conclude the Heires in tayle whether any condition or Voucher be had in any such fained recovery or not but that after the death of every such Tenant in tayle against whom such recovery shall be bad the Heirs in tayle may enter hold and enjoy the Lands Tenements and Hereditaments so recovered according to the forme of the gift in tayle the said recovery notwithstanding And here the Heirs of every such Tenant in tayle against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his Heirs But this Act shall not extend to prejudice the Lessee or Lessces of any such Tenant in tayle made in writing indented of any Mannors Lands c. for 21 years or 3 lives or under whereupon the accustomed Rent or Rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall enjoy his or their Terme or Termes according to the Stat. of 32 H. 8. chap. 28. This Act nowtithstanding Stat. 14 Eliz. chap. 4. That all Recoveries had or prosecuted by agreement of the Parties or by Covin against Tenants by the courtesy Tenants in tayle after possibility of issue extinct Tenant for Life or Lives or of estates determinable upon Life or Lives or of any Lands Tenements or Hereditaments whereof such particular Tenant is so seised or against any other with Voucher over of any such particular Tenant or of any having right or title to any such particular Estate shall from henceforth as against the revertioners of them in Remainder and against their Heirs and Successors be clearly voide But this Act is not to prejudice any persons that shall by good title recover any Lands c. without fraud by reason of any former right or title Also every such Recovery had by the assent and agreement of the person in revertion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting But this assent must appear upon the same record either upon a Voucher ayd prier receit or the like and not by any extrajudicial entry or memorandum Co. upon Lit. 362. Stat. 14 Eliz. chap. 8. Every fraudulent Recovery against any Tenant for Life or whereupon any Tenant for life or be that hath right to Estate for life is vouched shall be void against him in the revertion or in the remainder unless it be by his own assent appearing by record Recoveries in a writ of right bind all strangers not clayming within the years as being suffered by a Disseisor it bindeth the Disseisor by his own Non-claym 5 E. 3.50 Tenant for Life suffering a wrongful Recovery it shall prejudice his right that hath the inheritance though he prayed in ayde and make default 34 H. 6.2 For no ayde prayer is there necessary in as much as the other being Tenant of the Freehold a Recovery is good against him 4 H. 7.3 But that after the death of Tenant for Life he may falsifie it by action of ad terminum qui praeteriit or writ of Right which we call falsifying of Recoveries 24 H. 8. Br. fan rec 41. But he cannot enter neither can Lessee for years
Farm Messuage or Tenement in S. M. aforesaid together with all and every the Houses Edifices Buildings Barns Stables Yards Gardens Orchards arable Lands containing by estimation sixty Acres be the same more or less and all Closes Meadows Pastures and Hereditaments to the said Messuage or Tenement belonging or in any wise appertaining with the appurtenances now or late in the Tenure or Occupation of the said A. B. or his Assigns and also all that Messuage or Tenement Houses Buildings Barns Stables Orchards Gardens arable Lands containing by estimation an hundred Acres be the same more or less Closes Meadows Pastures Lands Tenements and Hereditaments to the said Messuage or Tenements belonging oâ— in any wise appertaining scituate lying and being in S. M. aforesaid with the appurtenances heretofore in the Tenure or Occupation of C. D. and now or late in the Tenure or Occupation of T. W. or his Assigns and all those arable Lands containing by estimation thirty Acres be the same more or less and all those Closes Meadows Pastures Lands Tenements and Hereditaments with their and every of their appurtenances scituate and being in S. M. aforesaid now or late in the Occupation of c. or his Assigns and also all those twenty Acres of arable Lands Meadows and Pasture in S. M. aforesaid now or late in the Tenure or Occupation of W. H. or his Assigns Together with all and singular Wayes Easements Commons Common of Pasture Profits and Commodities whatsoever to the said Premises or any part thereof belonging or appertaining or therewith used and enjoyed or excepted reputed or taken as part or parcel or member thereof with their and every of their appurtenances To the use and behoof of the said V. W. for and during the term of his natural life without impeachment of or for any manner of strip oâ— waste and from and after his decease to the use and behoof of the said F. for and during the term of her natural life for her Joynture and in lieu and recompence of her Dower and Title of Dower and from and after the several deceases of them the said V. W. and F. his wife then to the use and behoof of the first Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body oâ— such first Son lawfully to be begotten and for default of such Issue then to the use and behoof of the second Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the eldest Son and the Heirs males of his body being alwayes preferred before the younger Son and the Heirs males of his body according to the seniority and priority of Birth and Age and for default of such Issue then as for and concerning all and singular the premises hereby limited and appointed to and for the Joynture and Livelihood of the said F. with their and every of their Appurtenances and the Reversion and the Reversions Remainder and Remainders thereof and of every part thereof to the use and behoof of the said A. B. J. P. and J. G. and their Assigns for and during the term of their natural Lives and the life of the longest Liver of them and from and after their decease and the decease of the Survivor of them to the use and behoof of the Executors Administrators and Assigns of the Survivor or Survivors of them the said A. B. J. P. and J. G. for and during and unto the full end and term of Sixty years from thence next ensuing and fully to be compleat and ended upon trust and confidence and to the Uses Intents and Purposes hereafter in and by these presents limited expressed and declared that is to say from and after the decease of them the said A. B. J. P. and J. G. and of the Survivor of them and from and after the end expiration and other determination of the said term of Threescore years as aforesaid then as for and concerning the Reversion and Reversions Remainder and Remainders of the said Messuage Lands Tenements and Premises so limited for Lives and Years aforesaid And as for and concerning all that the Mannor of S. M. aforesaid Mannor-house or Capital Messuage and all and every the Houses Edifices Buildings Barns Stables Yards Orchards Gardens Lands Closes Meadows Pastures Feedings Tenements and Hereditaments commonly called or known by the name of the Demeasn Lands of the Mannor of S. M. aforesaid scituate lying and being enclosed and invironed with a Ring-hedge near about the said Capital Messuage and for and concerning all other the Lands Closes Meadows Pastures Feedings Tenements and Hereditaments with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof whereof no Estate Use or Uses is or are herein formerly limited and declareâ— to the use and behoof of the said V. W. and his Assigns for and during the term of his natural Life without any impeachment of or for any manner of strip or waste and from and after his decease to the use and behoof of such person or persons for such Estate and Estates and for such use and uses and in such sort manner and form as the said V. W. by any his Deed or Deeds in writing intended sealed delivered and executed in the presence of three credible Witnesses at the least shall declare limit and appoint and until such declaration limitation or appointment then to the use and behoof of G. W. eldest Son of the body of the said V. W. and of the Heirs males of the body of the said G. W. lawfully begotten or to be begotten and for default of such Issue then to the use and behoof of R. W. second Son of the body of the said V. W. begotten and of the Heirs males of the body of the said R. W. lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son of the body of the said V. W. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the elder Son and the Heirs males of his body to take place and be preferred according to the seniority and priority of Birth and Age and for default of such Issue to the use and behoof of the Heirs of the said V. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the right
wife of the other part witnesseth That they the said J. T. and El. his wife as well for and in consideration of the sum of 210 l. of c. by the said R. H. unto them the said J. T. and El. his wife at the ensealing and delivery of these presents well and truly in hand paid the receipt whereof they the said J. T. and El. his wife do hereby acknowledge and thereof and of every part and parcel thereof do fully clearly and absolutely acquit exonerate and discharge the said R. H. his Heirs Executors and Administrators and every of them by these presents have granted aliened bargained sold and confirmed and by these presents c. unto the said R. H. and El. his wife all that one Messuage or Tenement c. together also with all and singular the Rooms Cellars Sollers Halls Parlours Chambers Houses Housings Vaults Pavements Courts Yards Easements and other Hereditaments Emoluments and Appurtenances whatsoever unto the said Messuage or Tenement and Premises or any of them appurtenant belonging or appertaining orâ—had used demised occupied or enjoyed as part parcel or member thereof or as thereunto or to any part thereof belonging or appertaining and the reversion and reversions remainder and remainders of them and every of them and also they the said J. T. and El. his wife for the consideration aforesaid have granted bargained and sold and by c. unto the said R. H. his Heirs and Assigns all and singular Letters-Patents Exemplifications of Fines and Recoveries Chirographies of Fines Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever concerning only the premises hereby mentioned to be bargained and sold or only any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or to the use of the said El. his wife and which he may have obtain or come by without suit in the Law and also true Copies of all such other Letters-Patents exemplifications of Fines and Recoveries Chirographies of Fine Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever amongst other things concerning the premises or any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or which he may have obtain or come by without suit in the Law all and singular which said Letters-Patents Exemplifications Chirographies Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments so hereby bargained and sold by the said J. T. he the said J. T. doth hereby grant and agree to deliver or cause to be delivered to the said R. H. his Heirs or Assigns on this side the Feast of the Annunciation of the blessed Virgin Mary now next coming safe uncancelled and undefaced as now the same are together with the said Copies the writings of the said Copies to be paid for by the said R. H. to the receipt of the said Copies To have and to hold the said Messnage or Tenement and Backside and all and singular other the premises hereby mentioned to be bargained and sold and every of them with their and every of their appurtenances and the Reversions and Remainders of them and every of them unto the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. to the only proper use and behoof of the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. for ever without any Mortgage Condition redemption use or limitation to recal alter charge or determine the same to be holden of the chief Lord or Lords of the Fee or Fees whereof the premises have been holden by the Rents and Services therefore due and of right accustomed And the said J. T. for himself his Heirs Executors and Administâ—ators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that she the said El. his wife is seized of the reversion of the said bargained premises of an Estate to her and the Heirs of her Body lawfully begotten immediately expectant upon an estate for the life of Hellen Cl. now wife of Leo Cl. of c. Gent. with further remainder or reversion immediately expectant upon the said estate-Estate-tail to the right Heirs of the said El. for ever without any reversion or remainder of the same or of any part thereof in our Soveraign Lord the King or otherwise of the full absolute reversion in Fee-simple expectant upon the said Estate for life of the said Hellen And the said J. T. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that they the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. and every of them shall and may from time to time and at all times hereafter for ever after the decease of the said Hellen peaceably and quietly have hold occupy possess and enjoy the said Messuage or Tenement Backside and Premises without the let interruption trouble expulsion or eviction of the said J. T. and El. his wife or either of them or of their or either of their Heirs of their or either of their Bodies begotten or to be begotten or any other Heir or Heirs of them or either of them or of any heir or heirs of T. L. Gent. deceased and without any lawful let trouble interruption expulsion or eviction of any other person or persons whatsoever now having or lawfully claiming to have or which hereafter may have or lawfully claim to have any manner of estate right title interest thing or demand of in to or out of the said bargained premises or any of them by for from or under them or any of them or by from or under the said Hellen or by their or any of their means consent or procurement except such person and persons which may lawfully claim under the Leases and Estates herein after excepted and freed and discharged or otherwise within convenient time after reasonable request well and sufficiently saved and kept harmless and indempnified by the said J. T. his Heirs Executors and Administrators or some or one of them of and from a land all manner of former and other Bargains Sales Gifts Grants Alienations Estates Leases Joyntures Dowers Uses Wills Entails Rents Charges Rents-seck and arrerages of all manner of Rents Statutes-Merchant and of the Staple recognizances Judgments Executions Fines Post-sines and of and from all other Titles Troubles Charges and Incumbâ—aâ—ces whatsoever heretofore had made done committed omited or wittingly or willingly suffered or procured or hereafter to be had made done committed wittingly or willingly suffered or procured by the said I. T. and El. T. L. and H. or either
estate for life of the said El. F. and the Bargain and Sale before herein excepted and further also that he the said R. F. and his Heirs and all and every other person and persons having or claiming to have or that shall or may have or claim to have any right title estate or interest of in or to the premises from by or under him or his said Father except before excepted shall and will from time to time and at all times hereafter during the space often years next ensuing the date hereof upon the reasonable request and at the costs and charges of the said R. B. his Heirs or Assigns make do suffer acknowledge and execute or cause or suffer to be done and executed all such further and other lawful and reasonable acts things and assurances for the further better and more perfect granting assuring and conveying of the said Messuage Tenement Garden and Premises before hereby granted or mentioned meant or intended to be hereby granted with the appurtenances to the use of the said R. B. his Heirs and Assigns for ever according to the true meaning of these presents as by him the said R. B. his Heirs or Assigns or by his or their Council learned in the Law shall be in that behalf reasonably devised or advised and required so as for the making of such further assurance neither the said R. F. nor any other person by whom such assurance is to be made shall be compelled or compellable to travel for the doing thereof further than the Cities of London or Westminster and so as such further assurance contain not nor imply any further or more general warrant or acquittal than is before herein comprized And it is concluded and agreed by and between the said Parties to these presents that all and every fine and fines recovery and recoveries and other assurances whatsoever at any time hereâ—ofore had made suffered or executed of the premises or at any time hereafter be had or executed of the premises or any part thereof either alone by it self or together with any other Lands Tenements or Hereditaments and whereunto the said R. F. hath been or he or his Heirs shall be in any sort Conusor or Conusors Vouchee or Vouchees Party and Patties shall be and enure and shall be deemed adjudged and taken to be and enure as touching the said granted premises to and for the only use of the said R. B. and of his Heirs and Assigns for ever and to or for none other use intent or purpose whatsoever provided alwayes and it is the true intent and meaning of these presents and of all the Parties hereunto that neither these presents nor any thing therein contained shall extend or be construed to extend to charge the said G. G. and E. Ar. or either of them their or either of their Heirs with or for any warranty or acquittal of the said premises or any part thereof other than against him and themselves respectively and his and their respective Heirs In witness c. Note A Demise Bargain and Sale was made by R. H. G. G. and E.A. to W. F. and T. Y. Habend to them for one year from Decemb. 25. last that the Estate of Free-hold might rest in them without Livery Note A Surrender is made by El. to R. F. of her Estate for life for otherwise W. F. and T. Y. could not have been made perfect Tenants of the Free-hold John Vaugh seised of a Tenement jure uxoris for her life the remainder in fee-Fee-tail belonging to Tho. M. together with his wife and the Tenant in tail conclude to convey the same to T. S. and his Heirs the assurance is by Fine and Recovery intended to be executed the use whereof being to T. S. and his Heirs is directed by the following Deed wherein are comprized necessary Covenants THis Indenture Quadripartite made c. between I. V. of c. and Mary his wife late the wife of E. M. late of c. deceased of the first part Tho. M. of c. Son and Heir of the said E. M. on the Body of the said Mary begotten of the second part Tho. S. of c. of the third part and W. F. of c. of the fourth part Whereas the said I. V. and M. his wife stand seized in the right of the said M. of an Estate of Free-hold for term of the life of the said M. the remainder thereof in fee-Fee-tail to the said T. M. party to these presents belonging with divers remainders over of and in all that one great or Capital Messuage c. and also of and in all Houses Edifices c. witnesseth now this present Indenture that for and in consideration of the sum of 600 l. of c. to the said c. well and truly paid and satisfied it is concluded and agreed by and between the said parties to these presents that a good and perfect Estate of Inheritance in Fee-simple shall be conveyed setled and assured to and upon the said T. S. of and in all and singular the said great Capital Messuage or Tenement and Mansion-house now used as two Houses as aforesaid and all other the premises before mentioned with their and every of their rights members and appurtenances and that to that end intent and purpose the said John V. and Mary his wife and Tho. M. party to these presents shall and will before the end of Michaelmas Term now next ensuing the date hereof acknowledge and levy to the said W. F. and his heirs one Fine sur conuzance de droit come ceo c. to be sued out with Proclamations according to the form of the Statute in that case made and provided of all and singular the said Capital Messuage or Mansion-house and other the Premises with the appurtenances by the name of two Messuages with the appurtenances in the Parish of c. or by some other apt name or names as by counsel shall be thought meet to the intent to make the said W. F. perfect Tenant of the Free-hold of the premises that so one Writ of Entry sur disseisin en le post issuing out of the High-Court of Chancery and to be returnable before the Justices of the Court of Common-Pleas at Westminster may be obtained and sued out whereby the said T. S. shall demand against the said W. E. all the said Capital Messuage or Mansion-house and Premises by some apt name or names as by counsel shall be advised to which Writ the said W. F. shall appear in person or by Attorney thereunto lawfully authorized and after count or declaration against him by the said T. S. he the said W. F. shall make defence by words of course and vouch to warranty the said T. M. party to these presents who shall likewise appear in person or by his Attorney in that behalf lawfully and sufficiently authorized and after count or declaration against him by the said T. S. shall make defence by words of course and vouch to
Covenant and be returned before it 5. If a Writ of Covenant be brought against the Tenant and a Writ of Entry against the Demandant then the Writ of Covenant must bear date and be returned before the Writ of Entry and this is called the double Voucher 6. That all Writs of Entry must be signed by the Kings Attorney before they be sealed and Fines to the King are to be paid upon them as upon Writs of Covenant The Warrant of Attorney by the Clerk of the Warrants and the Writ of Entry Summons and Seisin are to be returned and filed with the Custos Brevium and the Judgment to be entred by the Prothonorary 7. That in a Recovery with a double Voucher the fine must be sued first to make him Tenant to the Writ of Entry brought either by right or wrong for every Writ of Entry must be brought alwayes against him that is Tenant of the Freehold of the Land demanded at the time of the Writ brought he must be at least Tenant for life or a Disseisor of the Land whereof the Recovery is had for the Estate of the Tenant in tail which is vouched is barted in respect of the Assets onely which are or may be recovered in value end of execution sued by the Tenant against him Plow 11. Dyer 252. And if the Tenant have but an Estate for life or in Dower or by Curtesie in these cases to have a good Recovery such Tenant is â—o make a conditional Surrender of his Estate to him in Reversion or â—â—mainder that he may be a perfect Tenant to the Inheritance and then to bring a Writ of Entry against him and after the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his Estate notwithstanding such Surrender A President for a Lease to make a Tenant to the Praecipe THis Indenture made c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That whereas the said A. B. doth hold one Messuage c. in D. in the County of M. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his heirs or to the heirs of his body lawfully begotten for ever Now the said A. B. for the making and perfecting of some assurance shortly to be made of the same Messuage c. by way of common Recovery Hath Granted and Surrendred and by these presents Doth Grant and Surrender unto the said C. D. and his heirs upon the condition herein after mentioned all that the said Messuage c. and all the estate right title and interest of the said A. B. therein To have and to hold to the said C.D. and his heirs upon condition That if the said C.D. do not pay or cause to be paid to the said A. B. the Sum of 1000 l. of lawful English money upon the first day of December next comeing after the date hereof That then and from thenceforth this Grant and Surrender shall be utterly void and it shall be lawfull for the said A. B. into the same Messuage c. to re-enter and the same to repossess and enjoy as in his former Estate In witness c. As to the Warrant of Attorney and Dedimus Poâ—estatem take this First That in the suffering of Recoveries the Tenants and Vouchees do most commonly appear in person But if they cannot or will not then they may make an Atturney And in that case there must be a Conusance for a Warrant of Atturney taken to authorize the Atturneys and a Dedimus Potestatem to some to take it in this manner Lond. ss Praec A. B. et C. uxor ejus quod juste c. redd D. E. Manerium de M. cum pertin c. quae clamâ—ee â—us et haered suam et in quae tidem A. B. non habent ingress nisi post disseâ—â—nam quam H. H. injuste et sine judicio secit praefat D infra 30 annâ—s jam ultim clapsos c. â—t dic c. Lond. ss A. B. et C. po lo. suo W. W. et R. R. Attornat suos conjunctim divisim versus D.E. de placito terrae Lond. ss M. M. Gen. quem A.B. et C. vocant ad warrant po lo. suo I. I. et L. L. Attornat suos conjunctim et divisim versus D. E. de placito terrae Lond. ss G. W. Gen. Quem M. M. voc inde ad warrant po lo. suo R. G. R. S. Attornat suos conjunctim divisim versus D. E. de placieo terrae Secondly That in these cases there must be two Atturneys at the least and to give them an authority joyntly and severally that if one of them dye before the Recovery be suffered the other may have power to do it And in the Counties Palatine it is usuall to put one Atturney and one of the Justices Clerks Thirdly When this is done the Recoveries may be suffered by the Atturneys without the personal appearance of the parties and such Recovery is good only it will require a longer time to perfect it for in this case there must go forth a Summoneas ad warran which must have Nine Returns ere it can be perfected Fourthly The Recovery thus suffered by the parties in person or by their Attorneys the same must be entred by one of the Clerks of the Court of Common Pleas upon the Rolls of the same Court there to remain upon Record The Forms of Recoveries suffered in the Common Pleas Court or elsewhere are well known to Clerks there Practising However I will give you one excellent President of a Recovery suffered in the Court of the Hustings at London and likewise the forms of Indentures to limit and declare the Uses of Recoveries A President of a Recovery suffered in the Hustings Court London with double Voucher PLacita terrae tent in Hustingo in Guyhald ' Lond ' die Lunae proxime post festum sancti Johannis ante Portam Latinam Anno Regni nostri Jacobi dei gratia Angl ' Scot ' Franc ' Hibern ' Regis Pidei Defensor c. viz. Angl ' Franc ' Hibern ' 18. et Scotiae 53. Ad hunc Hustingum ven hic in propria persona sua D.W. et protulit hic in Cur. brev dicti domini Regis nunc de Recto Paten Majori Vicecomiti London directâ— in haec verba scilicet Jacobus Dei gratia Angl ' Scot ' Franc ' et Hibern ' Rex Fidei Defensor c. Majori et Vice-Com Lond. salutem Praecipimus vobis quod sine dilatione plenum rectum teneatis D. W. de 12 Mess 2 Gardinis et 5 Curtilagiis cum pertin in London quae clamat tenere de Nobis per liberum servitium unius denarii per annum pro omni servitio Quae R. V. ei deforc ne amplius inde clam audiamus pro defeâ—n Recti Teste Meipso apud Westm 4 die Maii Anno regni nostri Angl '
parcel thereof Together also with the Counterpart of the said Lease made by the said Sir W.S. to the said C. Cundall as aforesaid To have and to hold the said parcel of Ground Houses Edifices Buildings Reversion Rents and all other the premises before in and by these presents granted bargained sold assigned or set over and every part and parcel thereof with their and every of their appurtenances unto the said R. H. his Executors Administrators and Assigns from henceforth for and during all the rest and residue of the foresaid Thirty years yet to come and unexpired And the said M. F. for himself his Executors and Administrators and for every of them doth covenant promise and grant to and with the said R. H. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say that it shall and may be lawful to and for the said R. H. his Executors Administrators and Assigns and every of them from time to time and at all times hereafter for and during the rest and residue of the said term of Thirty years yet to come and unexpired peaceably and quietly to have hold use occupy possess and enjoy the said parcel of Ground Houses Edifices and Buildings and the Rents Issues and Profits thereof shall or may have receive take and convert to his and their own proper use and behoof without the lawful let suit trouble eviction disturbance or interruption of them the said M. F. or H. R. or any of them their or any of their Executors Administrators or Assigns or any of them or of any other person or persons whatsoever lawfully having or claiming or which shall lawfully have or claim any lawful Estate Right Title or Interest of in to or out of the said premises or any part thereof by from or under them or either of them or by reason of their act or acts right title means or procurement other than such as shall claim by force of the said Lease made to the said C. Cundall and also free and clear and freely and clearly acquitted exonerated and discharged by the said M. F. his Executors or Administrators or some or one of them from time to time and at all times during the residue of the said term of Thirty years yet to come and unexpired and well and sufficiently saved and kept harmless of for from touching and concerning the said yearly Rent of Ten pounds reserved upon the said original Lease and by and from the said Wardens Commonalty of the Mystery of Mercers to the said Earl of Exceter as aforesaid as also free of all Incumbrances had made committed suffered or done by them the said M. F. and H. E. and either of them their Executors Administrators or any of them by their or any of their act or acts defâ—ults means or procurement And the said H. E. for himself hiâ— Executors Administrators and Assigns doth covenant and granâ— to and with the said c. his Executors c. and to and with eâ—â—ry of them by these presents That it shall and may be lawful to and for the said R. H. his Executors Administrators and Assigns and every of them from time to time and at all times hereafter for and during the rest and residue of the said term of Thirty years yet to come and unexpired peaceably and quietly to have hold use occupy possess and enjoy the said parcel of Ground Houses Edifices Buildings Rents Reversions and all other the premises before in and by these presents granted bargained sold assigned and set over and every part and parcel thereof with their and every of their appurtenances without the let suit trouble eviction disturbance or interruption of him the said H. E. his Executors Administrators or Assigns or any of them or any other person or persons whatsoever lawfully claiming or which shall or may lawfully claim by from or under him them or any of them or by from or under or by reason of his their or any of their act or acts right title interest means or procurement In witness c. A Lease of divers Lands c. with a Covenant to pay Heriots vpon Death c. with many other substantial Covenants THis Indenture made the c. between Sir H. Oniel of c. Knight of the one part and G. R. of c. Gentleman of the other part Witnesseth That the said Sir H. Oniel as well for and in consideration of a certain sum of Money to him in hand paid as also for divers other good Causes and Considerations him thereunto moving hath demised granted bargained sold and to farm-letten and by these presents doth demise grant bargain sell and to farm-let unto the said G R. all those four Towns or Town-lands commonly called or known or reputed to be known by the several names of Cashall K. E. F c. scituate and being within the Mannor of c. in the County of c. according as the same are bounden meeted or butted by and with the ancient Meets and Bounds thereof and as the said Towns or Townships and every or any of them have been enjoyed by the said Sir H. Oniel or any other his Farmors Lessees or Under-Tenants and now or late in the respective Tenures Possessions or Occupations of the said Sir H. Oniel or his Under-Tenants Farmors Lessees or Assigns of him the said H. O. Together with all and all manner of Houses Edifices Buildings Orchards Garden Yards Lands Meadows Pastures Wayes Waters Water-courâ—â—s Commons Profits Easements Commodities Emoluments and Hereditaments whatsoever to the said four Towns or Town-lands them or any of belonging or in any wise appertaining or with them or any of them used occupied or enjoyed And all Rents and yearly Profits and other Duties and Services reserved or payable upon or by reason of any Lease or Leases Demises or Grants heretofore to any person or persons convenanted or made of the premises or any part or parcel thereof and the Reversion and Reversions of the said four Towns or town-Town-lands and every of them and of all and every the before demised premises depending or expectant or remaining upon any Demises Leases or Grants now in being or at any time pretended to be of the said premises or any part thereof for term of Life or Lives or for term of Years or otherwise howsoever Except and alwayes reserved out of this present Demise and Grant of the said demised premises unto the said Sir H. Oniel his Heirs and Assigns all Timber-Trees Woods and Under-woods now growing standing or being or hereafter to grow stand or to be in or upon the said Towns or Town-lands or in or upon any part or parcel thereof together with all Felons Goods Waifs Estrayes Mines Minerals Priviledges Royalties and Franchises whatsoever to the said Towns or Town-lands or any of them belonging or in any wise appertaining and together also with free ingress egress and regress for taking having
survive and afterwards to inter-marry with any person or persons whatsoever that then from and immediately after the said Marriage as for and concerning one full fifth part in five parts to be divided of all and singular the said Messuages Lands Tenements and Hereditaments with the Appurtenances before hereby specified to be limited and appointed to and for the Joynture of the said F. aforesaid that the Use and Uses Estate and Estates thereof limited to the said F. shall cease determine and be utterly void and that from thenceforth they the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Heirs and Assigns shall stand and be seized of the full fifth part of the said Messuages Lands and Premises from and immediately after the inter-marriage of the said F. to the use and behoof of the said Son of V. W. on the Body of the said F. begotten for and during the term of the natural life of the said F. for her maintenance any thing herein contained to the contrary in any wise notwithstanding Provided also and upon this condition and so it is covenanted granted declared and agreed by and between all and every of the said Parties to these presents and their Heirs and Assigns respectively and it is the true intent and meaning of these presents That it shall and may be lawful to and for the said V. W. at any time hereafter during his natural life from time to time by one or more Indenture or Indentures under his Hand and Seal to lease demise set and to farm-let all and every or any of the said Mannors Messuages Lands Tenements Hereditaments and Premises with the Appurtenances which have been usually set and to farm-letten unto any person or persons whatsoever for the term of three Lives or for any number of years determinable upon one two or three Lives or for the term of One and twenty years or over or under in Possession and not in Reversion so as upon every such Lease and Demise the ancient and accustomed Rent or more or the Rent or the Rents now payable or paid or more over and besides Duties Heriots and Services due and accustomed be thereupon reserved and so as such Rents Duties Heriots and Services upon such Lease and Leases severally reserved shall and may be and continue due and payable unto him her or them respectively and successively unto whom the Reversion and Reversions and Remainder thereof is hereby limited and appointed as aforesaid Provided also and upon this further â—ondition and so it is covenanted and agreed by and between all and every the Parties to these presents That if at any time from and after the death of the said V. W. the said G. W. Son and Heir of the said V. W. or such other person or persons as shall be Heirs at Law of the said V. W. shall and do well and truly satisfie and pay or cause to be satisfied and paid unto the said A. B. J. P. and J. G. and to the Survivor or Survivors of them his and their Heirs Executors Administrators and Assigns if H. A. Son of the said F. be then living the sum of four thousand and five hundred pounds of current c. And if the said H. A. be dead the sum of five thousand pounds of like current money at or in the c. To the end that thereby the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns may be thereby enabled to purchase Lands and Tenements of the value of c. or may employ and dispose of the same for the use benefit and advantage of the Issue of the Body of the said F. lawfully begotten or to be begotten or if the said V. W. or the said Heir at Law as aforesaid or any of them shall at their own proper costs and charges settle convey and assure or cause and procure to be conveyed and assured other Lands Tenements and Hereditaments which shall be of the clear yearly value of Two hundred and fifty pounds per annum above all Charges and Reprizes unto the said A. B. J. P. and J. G. their Heirs and Assigns and to the Survivor and Survivors of them his and their Heirs Executors Administrators and Assigns to the like several uses intents and purposes and upon the like trusts and confidences and under the like Conditions Provisoes Powers and Limitations as are hereby formerly limited and appointed excepting onely the said Messuage Lands and Tenements herein and hereby limited to and for the Joynture of the said F. that then and immediately from and after such payment or settlement as aforesaid the several Uses and Estates herein and hereby limited other than the Estate for life limited to the said F. as aforesaid of for or concerning the said Land and Premises for the use and benefit of the Issue of the Body of the said V. W. on the Body of the said F. lawfully begotten or to be begotten and every of them shall cease determine and be utterly void And the said V. W. for himself his Executors Administrators and Assigns doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs and Assigns and to and with every of them by these presents That for or notwithstanding any act or thing whatsoever heretofore done or suffered by the said V. W. his Heirs or Assigns or hereafter by him them or any of therâ— to be done or suffered to the contrary the said V. W. now is and so at the time when the first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof shall be conveyed and assured to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses aforesaid shall stand and be seized thereof of a good perfect absolute and indefeazible Estate of Inheritance in Fee-simple or Fee-tail without any Reversion or Remainder in the Crown or without any Covenant or use to alter change or determine the same And also that he the said V. W. for and notwithstanding any act or thing whatsoever heretofore done or suffered to the contrary as aforesaid hath and so at the time of the Execution of the said first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof with their and every of their appurtenances to the said A. B. J P. and J. G. their Heirs and Assigns shall have full power good right and lawful authority to grant convey and assure the said Mannors Messuages Lands Advowsons Tenements and Premises with their and every of their appurtenances to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes aforesaid according to the true intent and meaning of these presents And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant promise grant and agree to and with the
play whereby his Master may incur any hurt Fornication in the house of his said Master or elsewhere he shall not commit Matrimony he shall not Contract Taverns he shall not frequent with his own proper Goods or any others during the said term without the special licence of his Master he shall not Merchandize from the Service of his said Master day nor night he shall not absent or prolong himself but in all things as a good and saithful Apprentice shall bear and behave himself towards his said Master and Mistress and all his during the term aforesaid And the said R. B. to his said Apprentice the Science or Art which he now useth shall teach and inform or cause to be taught and informed the best way that he may or can and also shall find to his said Apprentice Apparel Meat Drink and Bedding and all other Necessaries meet and convenient for an Apprentice for and during the term aforesaid In witness c. A Bargain and Sale of a Mannor THis Indenture made c. between J. H. of c. and R. B. of c. Esquires on the one part and W. of c. on the other part Witnesseth That whereas T. H. of c. Father of the said I H. by his Writing or Deed indented bearing date the c. in the Sixteenth year of c. for the considerations therein expressed did demise grant and to farm-let unto the said I. H. his said Son c. all those Three-yard-lands with the appurtenances in W. aforesaid being or being accounted to be the ancient Demeasn Lands of the Mannor of W. heretofore purchased by the said T. H. of R. S Esq and also all that his yard or half of Land being in W. aforesaid then lately purchased of one H. H. with all Hades Leyes-Banks Let-grass Commons Profits Wayes Easements Commodities and Appurtenances c. thereunto belonging and all that Dove-house Close and new Orchards in W. aforesaid to the said c. belonging or appertaining or therewith used occupied or enjoyed as in c. except c. To have and to hold the said Three-yard-lands Close Orchard and all other the premises except before excepted unto the said I. H. his Executors and Assigns for and during and unto the full end and term c. from thenceforth next and immediately ensuing if the said T. H. and his Assigns so long live for and under the c. payable as by the said Deed or Writing indented relation being thereunto had more at large it will and may appear And whereas further the said T. H. by one other Writing or Deed indented bearing date c. for and in consideration of the natural love and fatherly affection that he the said T. H. did bear to the said J. H. and to the Children of the said J. H. being his Grand-children and for the setling of the Mannors Lands Tenements and Hereditaments in the said Deed indented expressed in his Name and Blood did in and by the said last mentioned Deed indented covenant and grant for himself and his Heirs to and with the said J. H. and his Heirs that the said T. H. and his Heirs should and would immediately from thenceforth stand and be seized of and in all that the Mannor or reputed Mannor of W. in the County of O. and of and in all that the Capital Messuage of W. in the County of O. wherein the said T. H. then dwelt with all and singular their and every of their Rights Rents Quit-rents Members and Appurtenances whatsoever And of and in all those Three-yard-lands called or known by the name of the Ancient-Demeasn-Lands of the said Mannor and of and in all that yard and half of Land lying in W. aforesaid which the said T. A. had lately purchased as aforesaid is expressed And of and in all and singular Messuages Lands Tenements and Hereditaments of the said T.H. in W. aforesaid the advowson of the C. of W. aforesaid excepted to the use and behoof of the said T. H. for and during his natural life without impeachment of or for any manner of waste and after his decease to the use and behoof of the said J. H. and his heirs for ever as by the said last mentioned Indenture acknowledged and enrolled in his Majesties High and Honourable Court of Chancery more at large it will and may appear By force and vertue of which said recited Indenture of Lease he the said J. H. is in and upon the said premises entred and was and is by force of the said recited Indenture and by force of the Statute made the c. in the c. for the transferring of uses into possession as well of the said term of three-score years as of the said remainder expectant after the death of the said T. H. possessed and seized And he the said J. H. being so of the said premises possessed and seized did afterwards by his Indenture bearing date c. and enrolled in the high Court of Chancery for the consideration therein expressed give grant bargain sell assign set over and confirm unto the said R. B. his Executors c. all singular the before mentioned premises with the appurtenances and every part and parcel thereof as in and by the said last mentioned Indenture whereunto relation being had more fully and at largâ— it doth and may appear Which said Bargain and Sale was and is upon condition that if the said J H. c. should or did pay c. on the c. at or in the c. unto the said R. B. his c. That then the said Indenture of Bargain and Sale to be void as in and by one Indenture made between the said J. H. on the one part and the said R. B. on the other part bearing date c. to which reference being had more at large it doth and may appear Now this Indenture further witnesseth That the said J. H. and R. B. for and in consideration of the sum of c. to them by the said W. P. before the ensealing and delivery of these presents well and truly in hand paid whereof and wherewith the said J. H. and R. B. do acknowledge themselves to be fully satisfied contented and paid and thereof and of every part and parcel thereof c. have granted bargained sold assigned set over and confirmed and by these presents do fully clearly and absolutely grant bargain sell assign set over and confirm unto the said W. P. his c. not onely the said recited Indenture of Lease and all their estate right title interest and term of years therein yet to come and unexpired but also all the said Mannor of W. and Capital Messnage in the said County of O. with the appurtenances Together with the said Three-yard Land called by the name of the ancient Demeasn Lands of the said Mannor And also all that yard and half of Land in W. aforesaid which the said T. H. purchased of the said H.H. as aforesaid And
Titles Troubles and Incumbrances whatsoever heretofore had made committed suffered or done by us the said R. B. and P. K. or either of us our Executors c. or any of us in any manner of wise howsoever And so shall be during all the rest and residue of all and so many years as are yet to come and unexpired of the said several terms in by the said several recited Indentures of Lease granted according to the true intent and meaning of these presents the several Rents Payments Covenants and Agreements in the said several recited Indentures of Lease respectively comprised and specified which from henceforth on the Tenants and Lessees parts and behalfs are or ought to be observed performed fulfilled and kept according to the true meaning of the several recited Indentures of Lease and the moyety of one half part of the yearly Rent of c. reserved for certain Rooms and Chambers belonging to the c. now in the Occupation of c. which moyety of the said Rent is formerly sold and released unto the said A. B. his c. onely excepted and foreprized any thing in these presents contained c. In witness c. An Assignment of a Lease in trust whereof the Assignor is to take a further Estate in the premises THis Indenture made c. between Sir A. C. of c. on the one part and E. H. and C. D. of c. on the other part Witnesseth That whereas Sir J. D. c. by his Indenture of Lease beating date the c. reciting the Grant and Habend as in and by c. Now this Indenture further witnesseth That the said Sir A. C. for and in consideration of the trust hereafter mentioned and for divers other good Causes and Considerations him thereunto moving hath granted bargained sold assigned and set over and by these presents doth grant bargain c. unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned and set over To have and to hold the said Lordship c. and all other the premises with all and singular their appurtenances before by these presents bargained sold assigned and set over and every part and parcel thereof unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor or Survivors of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned c. Nevertheless upon this trust and confidence in them and every of them reposed that they the said E. H. and C. D. and the Survivor of them and the Executors c. of the Survivor of them shall and will at all times hereafter and from time to time upon the reasonable request to them or any of them to be made and at the Costs and Charges in the Law of the said Sir A. C. his Executors c. assign convey and assure all and singular the before bargained premises and every part and parcel thereof unto such person or persons their Executors c. by the said Sir A. C. his Executors c. shall be nominated and appointed in such manner and form as by the said Sir A. C. his Executors c. or his or their Council learned in the Law shall be reasonably devised or advised and required and upon further trust and confidence that they and every of them shall and will upon the like request to be made do and perform all and every lawful act and acts thing and things whatsoever for the extinguishment of this present bargain sale and assignment of the premises above-mentioned as by the said Sir A. C. his Executors c. or by his or their Council learned in the Law shall be reasonably devised or advised and required In witness c. An Assignment of a Judgment THis Indenture made c. between M. M. c. on the one part and R. T. c. on the other part witnesseth That whereas the said M. M. hath recovered a Judgment in His Majesties Court of Common-Pleas at Westminster in Hillary Term Anno c. against E. G. for xx l. Debt besides costs of Suit as by the Records of the said Court more at large may appear Now the said M. M. for good Considerations him moving Hath bargained sold assigned and set over and by these presents doth bargain sell assign and set over unto the said R. T. his Executors c. as well the said Judgment and all and every sum and sums of money therein mentioned and contained As also all benefit and advantage which shall or may be had obtained or gotten by reason or means of the said Judgment or any Process or Execution thereupon to be had sued out or executed To have and to hold the said Judgment sum and sums of Money benefit advantage and other the premises aforesaid unto the said R. T. his c. to his and their own proper uses and behoofs in as ample manner as he the said M. M. his Executors or Assigns might or could have and enjoy the same if these presents had never been had or made and the said M. M. his Executors c. shall and will justifie maintain and avow all and every lawful act and thing that shall be done in and about the premises without releasing or discharging the same So as there be no further benefit taken than onely the due Debt Interest and Charges and that all the benefit which shall be obtained or gotten upon the said Judgment shall wholly remain and be unto the said R. T. his Executors c. to his and their own proper uses and behoofs without any account or other thing to be therefore yielded or done unto the said M. M. his c. for the same In witness c. An Assignment of an Annuity TO all Christian people c. I J. W. of c. Gentleman send greeting in our Lord God everlasting Whereas J. C. Citizen c. by his Deed indented bearing date c. for the consideration therein mentioned did give grant and confirm unto me the said J. W. one Annuity or yearly Rent or Pension of c. to be issuing and going out of all and singular the Messuages or Tenements Lands and Premises of the said J. G. situate and being in c. for the term of the natural life of me the said J. W. as in and by the said Deed indented among divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now know ye That I the said J. W. for good Considerations me moving have assigned and set over and by these presents do assign and set over unto S. L. of c. the said Annuity or yearly Pension of c. To have
c. to Eliz. her Sister in trust c. THis Indenture Tripartite c. between T. Geo. Esquire Son and Heir of Sir Tho. G. of c. Knight of the first part Ph. E. single woman and Daughter of c. of the second part and Eliz. B. Sister of the said Ph. B. of the third part witnesseth That whereas there is a Marriage agreed upon and shortly by Gods Grace to be had and solemnized between the said T. G. and the said Ph. B. and whereas the said P. B. is and standeth possessed and interessed in certain Leases Moneys Jewels Debts Goods and Chattels and whereas also the said T. G. by reason of the present distractions of the times is not able presently to assure unto the said P. B. such Joynture as is agreed on to be assured to her witnesseth now further this present Indenture that it is covenanted granted condescended unto and agreed upon by and between all the said Parties to these presents in manner and form following that is to say the said P. B. by and with the consent and good will of the said T. G. Party to these presents testified by being party and putting his Hand and Seal to one or more parts of this Indenture hath granted aliened assigned and set over and by c. unto the said Eliz. B. all such Mannors Messuages Lands Tenements Rents Services and Hereditaments whatsoever situate lying and being in c. or else-where in England whereof or wherein she the said Phil. is or standeth possessed or interessed and all her Estate Right Title Interest Claim and Demand whatsoever in and to the same Mannors Messuages Lands Tenements and Premises and every or any part thereof together with all Leases Deeds and Writings touching the same premises and every part thereof To have and to hold the said Mannors Messuages Lands Tenements and Premises and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns from henceforth for and during all the respective time and times term and terms as she the said P. B. hath or ought to have thereunto to come and unexpired and also the said Ph. B. by and with the like consent and agreement of the said T. G. party to these presents testified as aforesaid hath granted and delivered and by c. to the said Eliz. B. all her Jewels Moneys Bonds Specialties Debts and other Goods and Chattels whatsoever before hereby mentioned meant or intended to be granted and delivered and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns to the uses intents or purposes hereafter in these presents mentioned and declared and it is expressed and declared to be the true intent and meaning of all the said parties to these presents that the several Grants herein before made to the said Eliz. B. are so to her made upon trust and confidence in her reposed as well by the said T. G. Party to these presents as the said P. B. that in case the said Marriage take effect and that the said T. G. shall during the Coverture between him and the said Ph. cause to be assured by good and sufficient wayes and means in the Law to the said Ph. for her life and after her death to the Heirs of her body by the said T. party c. to be begotten the Mannors Messuages Lands Tenements and Hereditaments situate lying and being in the Counties of Wilts and Gloucester or either of them of the clear yearly value of 250 pounds of c. over and above all Rents Charges Deductions and Reprizes or that after such Marriage solemnized if the said Ph. shall happen to depart this transitory life before the said T. G. and before such assurance made as aforesaid which shall first happen she the said Eliz. B. her Executors Administrators and Assigns shall and will upon the reasonable request and at the costs and charges in all things of the said T. G. his Executors c. not only grant assign and set over to the said T. G. party c. his Executors c. all the said Mannors Messuages Lands Tenements Hereditaments and Premises before hereby granted or assigned by the said Ph. B. to the said Eliz. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth except such as she shall make or do by consent of the said T. G. his Executors c. but also grant and re-deliver to the said T. G. his Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chartels whatsoever as in the mean time shall come to the hands of the said Eliz. her Executors c. by force of these presents and which shall remain or be in her or their hands custody or possession by the true meaning hereof and also that in such case she the said Elizabeth her Executors c. shall from time to time in the mean time after Solemnization of the said Marriage pay and deliver to the said T. G. all such Rents Issues and Profits of the said Mannors Lands Tenements Moneys and Debts as shall come to her or their Hands or Custody and also upon further trust and confidence in the said Elizabeth B. reposed that in case the said Marriage take effect and the said T. G. happen to depart this transitory life before the said P. B. and before he shall have assured or caused to be assured to the said P. B. any Mannors Messuages Lands Tenements or Hereditaments of the value aforesaid and in form aforesaid that then in such case she the said Elizab. B. her Executors c. shall and will not only re-grant re-assign and set over to the said Ph. B. all the said Mannors Messuages Lands Tenements and Premises before hereby granted or assigned by the said Ph. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth B. her Executors c. except such as she shall make or do by the consent of the said P. H. but also re-grant and re-deliver to the said Phil. her Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chattels whatsoever as in the mean time shall come to the Hands or Custody of the said Eliz. her Executors or Assigns by force of these presents and which shall remain or be in her or their Hands Custody or Possession by the true meaning of these presents and the said T. G. for himself his Executors c. doth covenant promise grant and agree to and with the said Eliz. B. her Executors c. by these presents that neither he the said T. G. nor his Heirs c. nor any other person or persons claiming
or to claim by or under him or deriving any authority by or under him them or any of them shall at any time hereafter enter into receive take or intermeddle with the said Mannors Messuages Lands Tenements Hereditaments Jewels Moneys Bonds Specialties Debts or other things before hereby mentioned meant or intended to be granted assigned or delivered by the said Phil. B. to the said Eliz. B. as aforesaid or any part or parcel thereof or any Rents Issues or Profits thereof or of any part thereof other than according to the true intent and meaning of these presents provided alwayes and it is declared to be the true intent and meaning of these presents and all the parties to the same that in case the said Marriage shall not be solemnized on or before the c. next ensuing the date hereof that then and from thenceforth these presents and every grant matter and thing herein contained shall cease determine and be utterly frustrate and void to all intents and purposes and that the said P. B. her Executors c. shall from thenceforth have and enjoy again to her and their own use and right all c. any thing c. In witness whereof to one part of this Tripartite Indenture remaining with the said Eliz. B. the said T. G. and P. B. have put their Hands and Seals to one other part remaining with the said P.B. the said T. G. and Eliz. B. have c. to the other part remaining with the said T. G. the said P. B. and E. B. have c. A. and B. his Wife being possessed of a certain Mannor and Lands Covenants with C. D. to levy a Fine thereof to certain uses with a Covenant that himself and his Wife together shall have power to let Leases for Lives or Years THis Indenture c. Between A. and B. his Wife of the one part and C. c. and D. of c. of the other part witnesseth That for the setling of the Inheritance of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and form as is hereafter in these presents limited expressed and declared and for the enabling of the said A. and B. his Wife to make and grant Leases and Estates of and in the said Mannor Lands and Premises in such manner and form and according to the power and authority to them hereafter in these presents mentioned reserved and raised and for other good Causes and Considerations them the said A. and B. his Wife thereunto especially moving it is agreed between the said Parties and they the said A. and B. his Wife do covenant grant and agree to and with the said C. and D. and either of them their Executors and Administrators by these presents that they the said A. and B. his Wife shall and will before the end of Michaelmas term next ensuing the date hereof acknowledge and levy to the said C. and D. and to the Heirs of the said C. one Fine sur conuzance de droit c. to be sued out with Proclamations according to the form of the Statute in that case made and provided of all that the Mannor Capital Messuage Farm Baron and Demeasn Lands of c. with all and singular the Rights Members and Appurtenances thereof thereunto or to any of them belonging or reputed or used as thereunto or to any of them belonging and of all other the Messuage Lands Tenements Rents Services and Hereditaments whatsoever wherein T. J. Gent. deceased had any Estate of Inheritance in possession reversion or remainder situare lying and being or to be had or taken in or near the Towns Parishes Fields and Hamlets c. with the appurtenances and of twelve Messuages two Cottages one Water-Mill twelve Gardens three hundred Acres of Land two hundred Acres of Pasture forty Acres of Wood with the appurtenances in c. or by such other fit name or names quantities and qualities of Acres as shall be thought fit which said Fine so or in any other manner to be had and levied shall be deemed adjudged construed and expounded to be to and for the only uses intents and purposes hereafter in these presents limited expressed and declared and to and for none other use intent or purpose whatsoever that is to say to the use and behoof of the said A. for and during the term of his natural life and from and after his death to the use and behoof of the said B. for and during the term of her natural life and from after the decease of the said A and B. his Wife to the use and behoof of the Heirs of the body of the said A. on the body of the said B. begotten and to be begotten and for default of such Heirs to the use and behoof of the right Heirs of the said A. for ever and it is promised covenanted concluded agreed and declared by and between all and every the said parties to these presents that it shall and may be lawful to and for the said A. from time to time and at all or any time or times during his natural life by an Indenture or Indentures to make any Demise or Demises Grant or Grants of the said premises or of any part or parts thereof alone or amongst other things as well in possession for the term of twenty one years or under or for one two or three life or lives or for any term or number of years determinable on one two or three Lives at for and under such Rents Covenants and Conditions as to him the said A. shall seem meet so as she the said B. shall be made a Party to every such Indenture whereby any such Demise or Grant shall be made during the life of the said B. and that the said B. shall seal and deliver every such Indenture and that at all times from and after the making of any such Demise or Demises Grant or Grants the said Fine to be levied as aforesaid and the Conuzes of the same Fine and their Heirs and the Heirs of the Survivor of them shall stand and be seized of and in such part and parts as shall be so demised or granted to the use and behoof of every such Lessee or Lessees Grantee or Grantees 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 pay the Rents and perform their Covenants and Conditions in such Indentures of Demises or Grants to be specified and contained according to the true intent and meaning of the same Indenture In witness c. R. C. being possessed of a Messuage c. in Fee-simple granteth the same to J. P. C. P. and G. C. Habend to them and their Heirs to certain uses viz. the use of himself for life yet
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
or Writing shall be made by the said Edward Lord Herbert as aforesaid for the Joynture of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the same Indenture Deeds and Writings and of these presents And it is hereby declared and agreed by and between the said Parties hereunto that the said sum of 1000 l. herein before mentioned or such less sum as aforesaid to be paid by the said Edward Lord Herbert to the said Richard Eaton as aforesaid shall go and be employed upon the trust herein after following viz. in case the Debts and Sums of Money mentioned in the Schedule hereunto annexed be not then paid then the same or so much thereof as shall be sufficient to pay and satisfie such of the said Debts or Sums of Money mentioned in the said Schedule hereunto annexed as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them and his heirs shall think fit shall be disbursed and employed to that purpose and after the said Debts and Sums of Money or such of them as the said Jo. Earl of Bridgewater and Edward Herbert shall think fit shall be paid or satisfied then the surplusage if any be of the said One thousand pounds or such less sum as aforesaid shall be disposed and employed for the purchasing and buying of Lands Tenements and Hereditaments to be setled on the said Edward Herbert party to these presents for and during the term of his natural life and after his decease to the use and behoof of such person and persons and in such manner and form as the said Lands Tenements and Hereditaments in the County of Monmouth herein before limited to the said Richard Herbert party to these presents for his life with remainder over are limited estated and setled Provided alwayes and it is covenanted granted condescended concluded and agreed by and between all the said parties to these presents and the true intent and meaning of them and every of them and of these presents is that if the said Richard Herbert party to these presents or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannors Lands Tenements and Hereditaments within the Kingdome of Ireland or any of them their or some of their heirs or assigns or some of them shall not within two years next after the decease of the said Edward Lord Herbert well and truly pay or cause to be paid of the said Edward Herbert Son of the said Edward Lord Herbert if he the said Edward Herbert Son to the said Edward Lord Herbert shall so long live the sum of 2000 l. of c. that then and immediately after such default of payment all and every use and uses herein before limited and declared as for and concerning all and every the Mannors Lands Tenements and Hereditaments within the Kingdom of Ireland shall cease and be void and then also and from henceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in all and singular the Mannors Lands Tenements and Hereditaments with their appurtenances within the said Kingdom of Ireland to the use and behoof of the said Edward Herbert Son of the said Edward Lord Herbert his heirs and assigns until he or they shall and may out of the Rents Issues and Profits thereof have fully levied and received the said sum of 2000 l. together with consideration after the rate of 8 l. per centum per annum for the forbearance thereof from the end of the said two years next ensuing the death of the said Edward Lord Herbert and all Damages Costs and Charges which he the said Edward Herbert Son of the said Edward Lord Herbert his Heirs Executors or Administrators shall sustain to be put unto in or about the recovery of the said premises or of the said sum of 2000 l. or any part thereof or in or about any Suit concerning the same Provided also and it is covenanted granted condescended concluded and agreed by and between the said parties to these presents and the true intent and meaning of them and every of them and of these presents is That it shall and may be lawful to and for the said Richard Herbert party to these presents by Indenture or by any Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to declare limit or appoint all or any of the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland to and for the Joynture of any Wife or Wives which he the said Richard Herbert shall hereafter happen to marry or to take to Wife for and during the natural life or lives of such Wife or Wives or for any number or term of years determinable upon her or their life or lives the same to take effect upon the decease of the said Edward Lord Herbert and Richard Herbert and the Survivor of them to be subject to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and then and from thenceforth the said recovery and recoveries shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland with the rights members and appurtenances thereof or of or in or so much or such part thereof for or concerning which such Indenture Deed or Writing shall be made by the said Richard Herbert as aforesaid for the life of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the said Indenture Deeds or Writings and of these presents subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is nevertheless covenanted concluded condescended and agreed by and between the said Parties to these presents that it shall and may be lawful to and for the said Richard Herbert party to these presents at all or any time or times hereafter during his natural life being then actually seized of the immediate estate of Free-hold in possession of or in the said Mannors Lands Tenements Hereditaments and Premises or any of them by virtue or means of the said Recoveries or any of them and of these presents or of any the limitations of uses herein limited to demise or to Farm-let by Indenture
or Indentures such or so much of the said Mannors Lands Tenements Hereditaments and Premises whereof he shall be then so seized in possession of such Estate as aforesaid or any part thereof chargeable and charged nevertheless with the liberties and powers herein contained and with the terms and estates hereof thereby or in pursuance thereof made or raised unto any person or persons whatsoever in possession for any number of years not exceeding the number of Twenty one years from the making thereof in possession or for the term of three lives or for any fewer number of years or lives or for any number of years determinable on three lives or any fewer number of lives in possession so as upon every such Demise Lease or Grant so to be made as aforesaid there be reserved respectively such Rents and Services as at any time within the space of Seven years last past before the date of these presents have been reserved for the same or more or greater Rent payable for the same during the continuance of every such several or respective Demise or Lease so to be made as aforesaid to such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainder thereof and that immediately from and after every or any such time as any such several and respective Demise Lease or Grant shall be made as aforesaid the recovery and recoveries and every of them shall be and enure and shall be taken to be and enure and the said Recoverer and Recoverers in the said Recovery named and every of them their and every of their Heirs and all and every other person or persons which at any time hereafter shall be seized of such parts and parcels of the premises as shall be demised or leased as aforesaid shall stand and be seized thereof and of every part thereof to the use and behoof of such several and respective person and persons to whom any such Demise or Lease shall be so made as aforesaid their several and respective Executors Administrators and Assigns to such several and respective estate and estates term and terms and such manner and form as in such several and respective Demises or Leases to be made as aforesaid shall be mentioned and expressed subject to the Rents Covenants Conditions Provisoes and Agreements as therein shall be severally and respectively contained and expressed and of the Reversion and Reversions Remainder and Remainders thereof to the use of such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainders thereof any thing c. Provided alwayes and it is c. and the true intent c. is that it shall and may be lawful to and for the said Richard Herbert party to these presents at any time or times after the decease of the said Edward Lord Herbert during his natural life by Indenture Deed or Writing to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to make any Lease or Leases Demises or Grants of all or any part of the said Mannors Lands Tenements and Premises with their appurtenances as well those within this Realm of England and the Principality of Wales as those within the said Kingdom of Ireland except such of the Mannors Lands Tenements and Premises in the said County of Monmouth as shall be limited to or for the Joynture of such wife or wives as the said Edward Lord Herbert shall hereafter marry for and during the life or lives of such Wife or Wives only for the term of 21 years or under or for one two three or more lives or for any number or term of years determinable upon one two three or more lives in possession or reversion or otherwise with reservation of Rent or without reservation of Rent at his and their will and pleasure unto any person or persons subject nevertheless to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said Richard Herbert Son of the said Edward Lord Herbert shall happen to have and not otherwise Provided that is to say if one Daughter only then for the raising of 3000 l. for that Daughter if more than one Daughter then for the raising of 2000 l. apiece for each and every one of the said Daughters and that all or every such Lease or Leases Demises or Grants so to be made as aforesaid shall stand and be good and effectual in the Law to all intents and purposes and that the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in such part and so much of the Mannors Messuages Lands and Premises with the appurtenances as shall be so demised or leased as aforesaid and every part thereof except as is before excepted 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 so demised and granted as aforesaid subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is c. and the true intent c. that it shall and may be lawful to and for the said Richard Herbert party to these presents from time to time and at all times during his natural life by any his Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents signed sealed and delivered in the presence of two or more credible Witnesses to revoke annihilate frustrate and make void all or any of the use or uses estate or estates or limitations herein before limited declared and appointed of for or concerning any three Plough-lands of the premises in the Kingdome of Ireland not exceeding in the whole the clear yearly value of 150 l. per annum over and above all Charges and Reprizes other than the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and other than the use herein before limited to the said Edward Lord Herbert for his life and that then and from thenceforth the use and uses estate and estates and limitations herein before declared limited or appointed of for or concerning such of the last mentioned premises for or concerning which any such nomination shall so be had or made other than the uses herein before limited to the said Edward Lord Herbert and Edward Son of the said
Edward Lord Herbert and his Heirs in the manner aforesaid shall cease determine and be utterly revoked frustrate and made void and then also it shall and may be lawful to and for the said Richard Herbert party to these presents by the same Deed or Deeds or by any other Deed or Deeds to be signed sealed and delivered by him the said Richard Herbert as aforesaid to declare limit or appoint any other new use or uses estate or estates whatsoever of the said premises of for or concerning which any such revocation shall be so made or any part or parcel thereof unto any person or persons whatsoever subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid any thing in these presents contained to the contrary thereof in any wise notwithstanding and that then also and from thenceforth the said recovery and recoveries as to such of the premises concerning which any such revocation and new declaration shall be so made to such uses intents and purposes as the said Richard Herbert party to these presents by any such Deed or Deeds as aforesaid shall declare limit or appoint Provided also and it is c. that if the said Edward Lord Herbert and Richard his Son shall both of them be minded to make sale of the Mannors Lands Tenements and Hereditaments within the County of Monmouth or any of them other than such as herein are before limited to the said use of the said Richard Herbert party to these presents and his Heirs in possession which Sales is not meant or intended by any of the parties to these presents to be made but for raising of money to be imployed and bestowed upon the purchase of some other Lands of as good value or in some other place or places to be setled and estated to the same uses and estates and with the same powers and provisoes and in the sort and manner as those Lands so to be sold are hereby limited and mentioned to be setled and estated and being both so minded shall at any time during their Joynt-lives by any Deed or Deeds Writing or Writings to be by him the said Edward Lord Herbert and Richard Herbert his Son party to these presents sealed and subscribed in the presence of two c. declare and publish their mind intent and meaning to be to revoke alter and frustrate the said uses and estate before in these presents mentioned declared limited or appointed or any of them or for or concerning the said last mentioned Mannors and Premises or any of them or any part or parcel thereof or any of them that then from and after such Declaration or Publication so to be made as aforesaid the same use and uses estate and estates in and by these presents limited expressed declared or appointed of for or concerning the which any such declaration or limitation shall be made as aforesaid shall cease and become utterly void frustrate and of none effect to all intents constructions and purposes whatsoever and that then and from thenceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lands and Premises last mentioned or so much or such part thereof concerning which any such Declaration or Publication shall be made as aforesaid to such uses intents trusts and purposes as the said Edward Lord Herbert and Richard party to these presents by any Deed or Deeds c. sealed and subscribed in the presence of two c. shall declare limit or appoint And it is further c. for the considerations aforesaid that in case any of the said Mannors intended to be comprized in the said Fine or Fines Recovery and Recoveries shall be omitted or left out and not be comprized in the said Fine or Fines Recovery or Recoveries or in case there shall happen to be any defect in the assurance of the premises or any of them according to the true c. that they the said Edward Lord Herbert and Richard Herbert party to these presents their Heirs and Assigns and all and every other person and persons which now are or hereafter shall be seized of and in such of the said Mannors c. as shall be so omitted or left out and not to be comprized as aforesaid or whereof such Fine or Fines Recovery or Recoveries shall not be levied and had or whereof the assurance hereby intended to be made shall be any way defective shall stand and be seized thereof and every part and parcel thereof with their and every of their appurtenances and the reversions thereof to and for the several and respective estate and estates thereof herein before severally and respectively limited unto them or any of them as aforesaid under the several Provisoes herein before mentioned and to none other uses intents and purposes In witness c. J. W. being seized of a Mannor and other Lands conceiving he should die without Issue and intending to settle the same to good uses by Deed granteth and conveyeth the same to A. B. C. c. in trust to the use of himself for life and after of Rachel his wife for life the remainder to the Heirs of his Body and in default of such Heirs to grant the same as he should by Will or other writing limit or appoint c. with several Provisoes c. THis Indenture made c. between J. W. of c. of the one part and A. B. C. D. c. of the other part witnesseth That the said J. W. for and in consideration of the better confirmation and strengthening of a Joynture already made and granted to R. his now wife and for her better maintenance and livelihood in time to come and for the natural love and affection which he the said J. W. beareth to the Heirs of his body begotten and to be begotten and for setling and establishing of the Inheritance of the Lands and Tenements hereafter mentioned to and in the said A. B. C. D. c. and their Heirs to the uses intents and purposes hereafter specified Hath given granted enfeoffed and confirmed and by c. unto the said A. B. C. D. c. their Heirs and Assigns for ever all that the Mannors Capital Messuages and Farm of B. in c. with the rights members and appurtenances thereof and all that the Advowson Patronage and Gift of the Parish-Church of B. and all and all manner of Houses Edifices Dove-houses c. and all those Thirteen Messuages or Tenements c. and all Shops Cellars Sollers c. and all other the Messuages Lands Tenements Reversions Services and Hereditaments whatsoever which he the said J. W. standeth seized of any Estate of Inheritance within the Counties of c. aforesaid or else-where within the
Kingdom of England and the Reversion and Reversions Remainder and Remainders of all and singular the said premises and all Rents and yearly Profits reserved due or payable by or upon any Demise Lease or Grants Demises Leases or Grants made of the said premises or any part thereof and all the estate right title interest claim and demand whatsoever of him the said J. W. of in and to the same premises and every or any part or parcel thereof and also such Deeds Charters c. To have and to hold the said Mannors Messuages Farms Tenements and Rectory and all and singular other the premises before by these presents granted or mentioned meant or intended to be granted with their and every of their appurtenances unto the said A. B. C. D. c. their Heirs and Assigns for ever to the uses intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say as for touching and concerning the said Mannor Capital Messuage and Farm of Burnet and all Lands Meadows Pastures c. And the said Rectory and Parsonage of Chewion alias Chewton and with the rights members and appurtenances thereof and all and all manner of Tythes of Corn Hay and Wooll and all Obligations Obventions Profits Commodities and Hereditaments whatsoever coming growing yearly renewing or happening in Chewton aforesaid or else-where to the said Rectory or Parsonage belonging or in any wise appertaining and the said Messuage or Tenement c. and the said three Messuages or Tenements c. and all Cellars Sollers Houses c. and the Reversion and Reversions thereof c. and all Rents and Services thereunto belonging or in any wise appertaining to the use and behoof of J. W. and his Assigns for and during the term of the natural life of the said J. W. without impeachment of or for any manner of waste and after the decease of the said J. W. then to the only use and behoof of the said Rachel for and during the term of her natural life for and in the name of her Joynture and in full recompence of her Dower and title of Dower which she the said Rachel shall or may have of or to the Lands Tenements and Hereditaments of the said J. W. and after the decease of the said J. W. and Rachel then to the use and behoof of the Heirs of the body of the said J. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs or Assigns for ever upon this hope trust and confidence nevertheless in them reposed by the said J. W. that they the said A. B. C. D. c. and the Survivors and Survivor of them and his and their Heirs and Assigns and at all times after the ending of the said Estates of the said J. W. and Rachel his wife of and in the said Mannors and Premises to them above-limited make such Grants and Conveyances of the same and dispose distribute and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing by him to be subscribed with his own hand and sealed with his Seal in the presence of three or more Witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare or appoint and for and in default of such nomination or appointment then that the persons trusted and the Survivors and Survivor of them his and their Heirs and Assigns shall convey and assure the said Mannor and Premises to and on the right Heirs of the said J. W. for ever and as for touching and concerning all other the said Messuages Lands Tenements and Premises residue with the appurtenances whereof no use is before by these presents limited or declared to the use and behoof of the said J. W. and of the Heirs of his body lawfully begotten and to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs and Assigns for ever upon the like hope trust and confidence in them reposed that they the said persons trusted and the Survivors and Survivor of them and his and their Heirs and Assigns at all times from and after such time as the said J. W. shall be dead without Heir of his body shall make such Grants and Estates of the said Lands and Premises residue c. or any part or parts thereof and distribute dispose and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing to be by him subscribed with his own hand and sealed in the presence of three or more witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare limit and appoint and for and in default of such nomination or appointment then that the said person or persons trusted and the Survivors or Survivor of them his and their Heirs and Assigns shall convey and assure the same Lands and Premises residue with the appurtenances to and upon the right Heirs of the said J. W. for ever Provided always and it is fully and plainly convenanted concluded and agreed by and between the said Parties to these presents for them their Heirs and Assigns that it shall be lawful to and for the said John W. and that the said J. W. shall have full power and authority from time to time and at all times hereafter at will and pleasure by his Deed or Deeds in writing to demise grant and to farm-let all or any the said Mannor Messuages Lands Tenements and Hereditaments and every or any part or parts 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 whatsoever by and under such Rents Reservations Covenants Conditions Limitations and Agreements as to him shall seem meet or without any Rent Reservation or Condition at his will and pleasure at that when and as often as any such Demise Grant or Lease shall be so made by the said J. W. of the premises or any part or parts thereof the said parties trusted 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 Mannor Messuages Farms Tenements Rectory and Premises as shall be so demised leased or granted immediately from and after every such Demise Lease or Grant made to the use and behoof of every such person and persons to whom any such Lease Demise or Grant shall be so made and
Survivor of them shall take receive levy possesse use and enjoy the Rents Issues Profits Revenues Commodities and Emoluments of all and singular the said Lordships Mannors Lands Tenements and Hereditaments and other the Premisses with the Appurtenances and the same employ during such minority or minorities as is aforesaid for and towards the performance payment and satisfaction of all the Legacies and Bequests of money Annuities for years and Debts of the said V. to be mentioned in the Testament and last Will of the said V. according to the tenor purport and true meaning of the said V. in his said Testament and last Will to be declared and to the use and intent that the said Feoffees and the Survivor and Survivors of them and their Heirs shall with the Profits Revenues Commodities Issues and Emoluments coming growing and arising of and in all and singular the said Lordships Mannors Lands Tenements and Hereditaments bestow disburse and expend from time to time the competent and necessary Charges in the Law and otherwise for the defence and maintenance of the possession and title of all and singular the Premisses and every or any part thereof and for the Reparation and defence of the Buildings Edifices Houses and Sea-walls in and upon the Premisses or any part thereof from time to time necessary meet and convenient to be disbursed and expended untill such time as the said Legacies debts and bequests of the said V. to be mentioned in his Testament shall be performed and untill some heir of the said V. shall have accomplished the full age of 21 years and after satisfaction of the said Legacies debts and Annuities and for the surplusage that shall surmount the same Debts Legacies and Annuities and other the charges aforesaid satisfied to the use and intent that the said A. L G. c. shall imploy and suffer the Premisses and surplusage thereof to go remain and come to the use profit and benefit of the heirs of the said V. And after the heirs of the said V. shall accomplish the full age of c. that then the said A. L G. c. and their heirs shall stand and be seized of and in all and singular the said Mannors c. to the use of the said R. D. and the heirs males of his body lawfully begotten and for default of such heirs males of the said R.D. lawfully begotten to the use and behoof of the said W. D. second Son of the said V. and the heirs males of his body lawfully begotten and for default of such heirs males of the body of the said W. D. lawfully begotten and to be begotten to the use and behoof of the heirs males of the said V. lawfully begotten and for default of such heir to the use of the heirs of the body of the said V. and for default of such issue to the use of the right heir of the said R. for ever Provided alwayes and it is the true meaning use and intent of these presents That if the said V. at any time hereafter during his life-time shall demise grant or lease the said Mannors Lands Tenements and Hereditaments aforesaid and other the Premisses by these presents granted or assured or any part or parcel thereof by his deed indented under his seal and with subscription of his name with his own proper hand for term of any year or years life or lives that then and immediately from after every such lease demise or grant or such leases demises or grants so to be made by the said V. the said A. L. G. c. and their heirs shall stand and be seized of and in the said Mannor c. so to be leased or granted To the use and behoof of the same Lessees or Grantees and every of them and of their several executors administrators and Assigns during the terms and space mentioned in the said several leases grants and demises so to be made according to the tenour form and effect of the same lease grant or demise leases grants or demises so that the yearly Rent or Rents mentioned or reserved by the said V. in such Lease Demise or Grant Leases Demises or Grants be yearly paid to the said V. during his natural life and after his decease to such person or persons as by the proper and true meaning of these presents ought to have the Reversion or Remainder Reversions or Remainders of the Lands Tenements or Hereditaments so to be leased or granted within the space of Twenty dayes next after reasonable request to be made for the payment thereof And so that the same Lessees or Grantees their Executors Administrators and Assigns do well and truly perform the conditions to be comprized in the Indenture or Indentures of their said several Demises or Grants according to the effect and true meaning of the same Indenture or Indentures And that the said A. L. G. c. shall stand and be seized of the Reversion and Remainder the Reversions and Remainders of the Mannors Lands Tenements and Hereditaments so to be sealed or granted and after the determination thereof Then also of the same Mannors Lands Tenements or Hereditaments so to be leased or granted to such uses and intents as they the said L G. c. should have stood or been thereof seized by the purport and true meaning of these presents if any 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 Remainders and in such manner and form to all intents and purposes as they should have stood or been thereof seized by the purport and true meaning of these presents if no such Lease or Grant had been thereof had or made here followeth a Letter of Atturney for Livery of Seizin to the Feoffees c. and then a Proviso That if the said V. by his writing signed and sealed in the presence of 3 witnesses shall repeal frustrate and determine or declare to be determined all or any the uses aforesaid of or from the premisses or any part thereof that then and from thenceforth the said uses so to be determined or declared to be repealed for all such Lands and the uses thereof so to de declared determined shall be void and of none effect and that then the Feoffees shall thereof stand seized to the use and behalf of the said V. and his Heirs Then followeth a Covenant on the said V. S. part That if the estate of the premisses be not effectually conveyed him by force of from this Grant to the said Feoffees to the uses before-specified on this side the last day of c. next coming that then and from thenceforth the said V. and his heirs and all others to be seized of the premisses so not sufficiently conveyed shall be thereof seized to the uses above-specified and to such uses and with such Remainder as the said Feoffees or the Survivor of them should have stood seized thereof by the purport of
wives their Executors or Administrators to whom any such the goods chattels money plate or jewels shall fortune to grow or come shall divide the same into four equal and several parts and shall retain to his or their use one part thereof and the other three parts shall be severally delivered unto the other three parties to these Indentures to their several Executors or Administrators equally within two moneths after they shall fortune to have or come by the possession of any such goods chattels plate jewels money c. In witnesse c. A Defeazance upon a Statute excellently well penn'd it being for the payment of Two thousand pounds at the end of six moneths and of 200 l. per annum during life THis Indenture made the c. day of c. in the c. of our Lord God c. between B. P. of London Widow of the one part and W. P. of London aforesaid Esquire Son unto the said B. of the other part Whereas the said W. P. hath lately sold and conveyed the Mannor of L. in the County of W. and divers Lands thereunto belonging unto Sir W. P. Knight and the said B. P. hath joyned with him the said W. L. in the Fine thereof levied part of which said Mannor and Lands of the value of 200 l. per annum were heretofore setled and assured upon her the said B. for her life for her Joynture by W. P. Esquire deceased her late Husband and whereas the said W. P. is indebted to the said B. the Sum of Two thousand pounds of lawful money of England which hath remained in his hands for some years last past and by agreements between them the said W. P. hath hitherto paid the Sum of 200 l. per annum as interest or consideration for forbearance of the said Money and is still to pay the like Sum so long as the 2000 l. shall remain in his hand And whereas also the said W. P. by one Recognizance or Writing Obligatory of the nature of a Statute of the Staple bearing date the first day of this instant Moneth of April taken and acknowledged before Sir J. B. Knight Lord Chief Justice of the Court of Kings Bench at Westminster according to the form of the Statute in that case made and provided for the recovery of debts standeth bound unto the said B. P. in five thousand pounds of lawfull money of England payable as by the said recited recognizance or writing obligatory more plainly may appear Now this Indenture witnesseth that the said B. P. is contented and pleased and doth for her self her Executors and Administrators covenant promise grant and agree to with the said W. P. his heirs Executors Administrators and Assigns and to and with every of them by these presents That if the said W. P. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid to the said B. P. or her Assigns the sum of 200 l. of lawfull money of England yearly for and during the natural life of her the said B. at two usual Feasts or terms in the year that is to say the Feasts of St. Michael the Arch-angel and the Annunciation of the blessed Virgin Mary by even and equal portions or within one and twenty dayes next after either of the said Feasts the first payment thereof to begin at the Feast of c. now next ensuing or within 21 dayes next after the said Feast And likewise if the said W. P. his Heirs Executors or Administrators or any of them do and shall well and truly pay or cause to be paid to the said B. P. her Executors or Administrators or Assigns the sum of two thousand pounds of lawfull money of England within six months next after notice or warning given to that purpose to the said W. P. his Heirs Executors or Administrators by any writing to be subscribed and sealed by the said B. P. her Executors or Administrators in the presence of two credible witnesses or more and shall in the mean time until the payment of the said 200 l. pay or cause to be paid unto the said B. her Executors Administrators or Assigns after the rate of One hundred pounds per annum according to the Agreement aforesaid the same to be paid by 50 l. every half-year and the first payment thereof to be made on the Feast-day of c. or within one and twenty dayes next after the said Feast now next ensuing the date thereof that then the said recited recognizance or writing obligatory shall be void and of none effect or else the said W. P. for him his Heirs Executors and Administrators covenanteth willeth and granteth by these presents that the said recognizance or writing obligatory shall stand and remain in full force and vertue An Assignment of a Statute by an executor to two of the Creditors of the Testator in lieu and satisfaction of their Debts of the same value singularly well draâ—n THis Indenture made c. between I C. of the Inner-Temple London Esquire Son and Administrator of the Goods and Chattels of W. C. late Citizen and Scrivener of London Deceased of the one part and M. W. of London Widow and H. I. of London Gentleman of the other part Whereas the said W. C. at the time of his death stood indebted unto the said M. W. in the Sum of 100 l. principal debt and to the said H. I. in the sum of 200 l. principal debt besides interest of the said debts And whereas Sir T. P. of N. in the C. of D. Knight in and by one recognizance or statute in the nature of a statute-staple bearing date the 20 day of July in the ninth year of the Reign of the late King Charles and made according to the Statute made and proceed for recovery of debts taken and knowledged before Sir R. H. Knight then Lord Chief Justice of his Majesties Court of Common-Pleas at Westminster is and standeth bound unto the said W. C in the sum of six hundred pounds of lawfull money of England payable at the Feast of Saint James the Apostle then next ensuing as by the said Statute more at large appeareth Now this Indenture witnesseth that the said J. C. for and towards the payment and satisfaction of the said debts due unto the said M. W. and H. I. hath given granted assigned and set over unto the said M. W. and H. I. their Executors Administrators and Assigns the said Recognizance or Statute and all his right and interest therein and all actions extents and executions to be had and prosecuted upon the same in as large and ample manner and form as he the said J. C. hath or at any time hereafter may or might have by force of the said Statute And further the said J. C. doth by these presents constiture authorize and make the said M. W. and H. I. his true and irrevocable lawful Atturney and Atturneys joyntly and severally to sâ—e prosecute all manner
which was to be paid every half year unto the said B. for and during her natural life in case the said F.L. lived who is Survivor and after her decease the said Fourscore pounds per annum to be paid to the said Defendant F.L. for and during his natural life and to such women as he should take to wife in case the said F. married and died before such a wife for and during her natural life for and in lieu of her Joynture with divers other covenants and conditions contained in an Indenture made the c. between the said B.L. F.L. on the one part and the said W.C. on the other part to which this Defendant in all things referreth himself as therein more at large the same doth and may appear And amongst the rest it is covenanted and agreed between the parties to the said Indenture that after the death of the said F. and of his said wife if he did marry then the said One thousand pounds to remain to the issue of their two bodies lawfully begotten and if they have no issue then living then the said One thousand pounds is to go according to the true intent and meaning of the said last recited Indenture and if the other Defendant R.L. this Defendants second Brother should happen to die surviving the said F. then the One thousand pounds is to remain in the hands of the said F for ever and for the better securing of the payment of the said Fourscore pounds per annum and of the said One thousand pounds the said W.C. in and by the said last recited Indenture did grant bargain sell enfeoff and confirm unto the said B. this Defendants mother and to the said F.L. his heirs and assigns for ever all that piece or parcel of pasture-ground lying in C. aforesaid commonly called or known by the name of c. then in the tenure or occupation of this Defendant to which said Indenture this Defendant referreth himself as will more at large appear And this Defendant saith that the said W.C. well knowing that he was thereunto bound by this agreement during his life-time did justly and truly pay the said Fourscore pounds per annum unto the said B. this Defendants mother by half-yearly payments during her life-time who dyed about c. since c. and by and after the decease of the said F. L. this Defendants brother by the advice and counsel of the Complainant himself by this Deed of Assignment with a Letter of Attorney bearing date the c. did for and in consideration of the sum of Eight hundred and threescore pounds part of the said purchase money which the said F.L. did agree to pay unto this Defendant in respect this Defendant joyned in the sale of the said Mannor Lands and Premisses and did enter into a Bond of Fourscore pounds for payment thereof and of other monies to this Defendants brother accordingly did grant and assign unto this Defendant and his heirs and assigns the said Fourscore pounds per annum during the life of this Defendants said brother F. as in and by the said Deed of Assignment relation being thereunto had at large the same doth and may appear And this Defendant saith that after the said Assignment so made unto this Defendant the said W.C. did by himself and his servant and other on this behalf durinig all his life-time pay the said Fourscore pounds per annum to this Defendant and this Defendant is perswaded had not the said W. C. well known that the said Fourscore pounds per annum was due to have been paid by him that he would not have paid the same to this Defendant And this Defendant saith that after the death of the said W. C. I.C. his son and heir or some other on this behalf did pay the same unto this Defendant and this Defendant believeth the Complainant hath some conveyance of the said premisses from the said I.C. but for what consideration this Defendant knoweth not and saith that the Complainant himself sithence the said purchase hath paid the same Defendant and therefore this Defendant conceiveth that he is unjustly troubled touching the premisses And this Defendant saith that therefore under favour this Defendant conceiveth that the said Fourscore pounds per annum and also the said one thousand pounds secured by part of the premisses bargained and sold as aforesaid it being so long before the Statute made for reducing interest money from Eight to six in the hundred and the same Fourscore pounds per annum being as this Defendant conceives due as parcel of the Contract for the said Lands assigned over to this Defendant for great and valuable considerations the same shall not now be insringed broken or repealed for the causes in the Bill mentioned or for any causes whatsoever the rather for that this Defendant and his brother upon the confiderations and conditions aforesaid did bargain and sell the said Mannors Lands and premises at an undervalue without that that any other matter or thing in the said Bill of Complaint contained material or effectual in the Law for this Defendant to make answer unto and not herein before sufficiently answered unto confessed and avoyded traversed or denied is true in such manner and form as in the said Bill is alledged and this Defendant praveth to be dismissed out of this Honourable Court with his reasonable costs and charge in this behalf most wrongfully sustained The beginning and conclusion of a Bill in Chancery To the Right Honourable Sir O.B. Knight and Baronet Lord Keeper of the great Seal of England SHeweth unto your Lordship your Orator E.L. of the City N. in the County of W. Gentleman and M. his Wife whereas c. The conclusion May it therefore please your Lordship to grant to your said Orator his Majesties most gracious Writ of Subpoena to be directed unto the said W.C. thereby commanding him or them and every of them at a certain day and under a certain pain therein to be limited personally to appear before your Lordship in this High and Honourable Court of Chancery to answer the premisses and further to stand unto and abide such order direction and award concerning the same as unto your Lordship shall seem meet and your Orator shall daily pray for the long continuance of your Lordships prosperous estate A Lease of a Mill. THis Indenture made c. between Sir T C. of c. Knight and L. his wife of the one part and T.A. of c. of the other part witnesseth That the said Sir T.C. and L. for and in consideration of the rent and covenants hereafter in these presents expressed and also for divers other reasonable considerations them thereunto moving have demised granted and to farm-letten and by these presents do for them their c. demise grant and to farm let unto the said T.A. all that their Grist Water-Mill and Mills being two Grist Mills under one Roof commonly called or known by the name of S.
the said Lands are or may be charged and for saving him harmless from all damages whatsoever which may or might at any time hereafter happen to fall upon the said T. G. his Heirs or Assigns or or upon any of the said lands and premisses of any other the Lands of the said T.G. for or by reason of any the debts of the said I.C. and W. C. his deceased father or either of them and whereas the said T.G. at the time of the ensealing of the presents at the request of the said R.I. hath paid the said sum of 628 l. to the said I.C. and R.I. or one of them or to such as were appointed by them or one of them to receive the same Now that the said R.L. and I.C. have received the said sum of 628 l. of and from the said T.G. the receipt whereof they do hereby acknowledge and that the same in the last payment and in full satisfaction of and for all the Lands Tenements and Hereditaments which the said I. C. had in the County of O. and which the said T. G. purchased and thereof and of every part and parcel thereof they do clearly and absolutely acquit and discharge the said T. G. his Heirs Executors and Administrators for ever by these presents And in consideration of the premisses the said R. I. and I. C. do for themselves joyntly and either of them for himself severally doth covenant promise and grant to and with the said T.G. his Heirs Executors and Assigns that they the said R.I. and I.C. shall and will from time to time and at all times hereafter save defend and keep harmless the said T.G. his Heirs Executors and Assigns and also all the said Lands and Premisses in C. aforesaid or elsewhere in the County of O. so purchased by him the said T.G. and all others his Lands Tenements Goods and Chattels of and from all loss and damage whatsoever which shall happen arise or befall for or in respect of any the debts of the said W.C. and I.C. or of either of them In witness c. A Proviso to be inserted in a Lease or a power of Revocation reserved PRovided always That if the said c. his Executors or Administrators or any of them shall at any time hereafter pay or tender unto the said W.W. his Executors c or to any other person or persons whatsoever to and for the use of the said W.W. his c. the sum of 12 l. of lawfull money of England to the intent to make void this present Lease and Demise and shall express and declare such his her or their intention either by word or writing that then and from thenceforth this present Lease and Demise shall cease and be void In witness c. A Presentation of a Minister to a Living decording to the Form now used TO all Christian People to whom this present Writing shall come we A.B. and C.D. the true and undoubted Patrons of the Vicaridge or Parish-Church of C. in the County of S. send greeting for as much as the said Vicaridge or Parish-Church is lately by the death of E.F. the late Incumbent there become void and in our full right of Presentation we do therefore hereby present you G. H. Clerk Mr. of Arts unto the Church of C. aforesaid and to the Vicaridge thereof to have hold and enjoy the same with all and every the rights members and appurtenances thereunto belonging according to several former and late Acts of Parliament in this case provided doing and performing the duties of a Pastor belonging to the said Church In witness whereof we have hereunto subscribed our names and set our seals this _____ day of _____ in the Year of our Lord God One thousand six hundred and fifty two A Lease of a Parsonage impropriate for three lives upon surrender of a former Lease with extraordinary Covenants with a Letter of Atturney to deliver possession together with the Execution thereof endorsed THis Indenture made the 5th day of March in the Year of our Lord God 1651. Between R.S. of the City of Oxford Gent. of the one part and W.P. of London Esq of the other part Witnesseth that the said S. W. for divers good causes and considerations him hereunto moving and especially in consideration of a Surrender made to the said W.C. of a Lease now in being for three lives bearing date the 28. of March in the Sixth year of the Reign of the late King Charles made by I.S. father of the said W.S. party to these presents deceased to Sir H.M. deceased of the parsonage of Bray and other things hereafter in these presents mentioned hath demised granted and to farmlet and set to the said W.P. the scite of the parsonage of Bray in the County of B. and all the houses upon the said scite builded arable Lands Meadows Leasows and Pastures Demesnes as well in several as in common to the said Parsonage belonging and all the Rents of all the Tenements of the said W. S. as well Freeholders as Customary Tenants and all the Tithings of Corn and Hay to the said Parsonage belonging with all other the profits and commodities to the said Parsonage belonging or appertaining except and to the said W.S. and his Heirs and Assins alwayes reserved all Wards Marriages Reliefs Escheats Fines Heriots Amerciaments Woods and Underwoods and the Advowson of the Parish-Church of Bray when and as oft as it shall be void To have and to hold the said scite of the Parsonage aforesaid and all the said Houses Lands Meadows Leasows Pastures Tithes and other the premisses with all and singular the commodities and profits thereunto belonging with their appurtenances except before excepted to the said W. P. his Executors Administrators and Assigns for and during the lives of the said W.P. and M.P. his wife and T.P. Son of the said W.P. and for and during the natural life of the longer liver of them or any of them yielding and paying therefore yearly during the said Term unto the said W.S. his Heirs and Assigns Four pounds of good lawfull money of England at four Feasts or Terms of the year That is to say at the Feast of Saint Thomas the Apostle the annuntiation of the blessed Lady Saint Mary the Virgin the Nativity of Saint John the Baptist and St. Michael the Arch-angel by even and equal portions and if it happen the said yearly rent of Four pounds or any part or parcel thereof to be behind and unpaid after any of the said Feasts above limited for payment thereof during the said Term by the space of one month that then it shall be lawfull to and for the said W.S. his Heirs and Assigns into the the said scite and all other the premisses to enter and distrain and the distresses there taken to lead drive and carry away and do detain in the same till the said Rent and the Arrerages thereof if any shall be they shall be fully satisfied and contented and if
without Impeachment of any manner of wast And from and after their decease and of the Survivor of them the Remainder thereof to the use of the said E. Lord H. Son and Heir apparent of the said E. for and during the term of his natural life And from and after his decease the Remainder thereof to the heirs males of the body of the said E. Lord H. to be begotten on the said E. D. his intended Wife and in default of such heirs males then to the use of the heirs of the body of the said E. Lord H. to be begotten on the body of the said E. D. the Remainder thereof to the right heirs of the said C. and to none other use intent or purpose Provided alwayes Provise to make Leases and the true intent and meaning of all the parties to these presents is and was at the time of levying the said Fine That it shall and may be lawful to and for the said E. and C. during their joynt lives and for the Survivor of them at all times and from time to time to make any lease or leases of all or any of the said Mannor and Premisses or any part or parcel thereof to any person or persons for 21 years in possession or under or for three lives in possession or under and not otherwise or in other manner so as upon every such Lease so to be made the usual and old accustomed Rent or more be reserved and appointed to be payable yearly during the said term or terms to such person or persons as by force of these presents or of the said Fine or recited Indencure or any of them shall or ought after the decease of the said E. and C. to have the immediate Reversion or Remainder thereof In witnesse whereof c. A Declaration of the use of a Fine and Recovery THis Indenture made c. between the Right Honourable T. L. W. on the one part and the Right Honourable W. L. P. Sir N. F. and T. A. on the other part VVhereas The recital of the Fine and Recovery c. reciting a Fine and Recovery suffered in the Term of c. of these Mannors c. by the name or names of c. Now this Indenture witnesseth That the true intent and meaning of the said L. Lord W. and of the said Recoveror and of all the parties to the said Recovery and every of them and to these presents before and at the several and respective times of the suffering of the said Recovery for touching and concerning the said Mannors Lands Tenements Hereditaments and premisses and every of them The intent of the Parties at the execution of such Fine and Recovery whereof the said Recovery was suffered and had alwayes was and now is That the said Recovery should and shall be and enure and be construed adjudged deemed and taken to be and enure and that the said Recoverors and every of them and all the parties to the same and the party-takers thereby and their heirs and all and every other person or persons and his and their heirs who then were or now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and premisses or of any part thereof or any of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the appurtenances to the uses purposes and intents and under the Provisions Conditions and Limitations hereafter in these presents expressed specified limited and declared and to no other use intent or purpose And the said T. Lord W. doth hereby limit The Uses express declare and appoint that all the same Mannors Lands Tenements Hereditaments and premisses shall be and remain to the several uses purposes and intents hereafter in these presents expressed that is to say to the use and behoof of the said T. Lord W. and his Assigns for and during the term of his natural life without Impeachment of or for any manner of waste and from and afteâ— the decease of the said T. Lord W. then to the use of the said W. Lord P. Sir N. F. and T. V. their Heirs and Assigns for everâ— for and to this intent and purpose that they the said c. and the heirs and the Survivor and Survivors of them aâ— his and their heirs For payment of Debts shall and will bargain sell oâ— otherwise dispose of the same for and towards tâ— payment satisfaction and discharge of such Deâ—â— and Sums of money as the said T. Lord W. doth now owe 〈◊〉 which he shall owe at the time of his death to any person or persons and for the discharging of such person and persons as do noâ— stand or which at the time of the death of the said T. Lord W. shalâ— stand bound or engaged for or with the said T. Lord W. for the samâ— debts or sums of money or any of them and also for the satisfaction payment discharge of all such sum or sums which the said T. Lord W. hath or hereafter shall take up borrow or receive for 〈◊〉 consideration of which he hath heretofore granted or hereafter shall grant any Annuity or Annuities Rent or Rents-charge issuing or to be issuing or payable out of the same Mannors Lands Tenements Hereditaments and premisses or any of them or out of any of the Mannors Lands Tenements or Hereditaments of the said T. Lord W. in the Territories of England whereby the same Rent or Rents-charge shall and may be determined And also for and towards the payment and discharge of the Funeral charges and expences of the said T. Lord W. and of the Legacies and bequests which the said T. And Legacies Lord W. by his last Will and Testament in writing to be sealed subscribed and published by him before three sufficient witnesses shall give and bequeath to any person or persons or to any use or uses or so much of such sum and summes of money debts Funeral expences and Legacies as the value of the said Mannors Lands and Tenements to be sold as aforesaid shall amount unto The disposal of the over-plus And that if any over-plus shall be of the value of the same Mannors Lands Tenements Hereditaments and premisses more than shall be or will be sufficient to satisfie and discharge all the same debts sums of money funeral charges Legacies and bequests that then the said c. their Heirs Executors or Administrators shall and will pay and deliver the same over-plus which shall remain of the Sale or value of the said Mannors Lands Tenements Hereditaments and premisses unto such person or persons to whom the said Lord W. shall by his last Will in writing in presence of two witnesses at least appoint the said Lands and premisses to come after his death And further upon this trust and confidence reposed in the said c. and their heirs that if the said person to whom the premisses
present Indenture and the Estate hereby granted shall cease determine and be utterly void to all intents and purposes any thing herein contained to the contrary thereof in any wise notwithstanding In witnesse whereof c. A Lease in trust THis Indenture made c. between Sir R. D. of c. on the one part W.D. of c. R. H. and T. S. c. on the other part Witnesseth That the said Sir R. D. for c. setting down the Demise ut supra though of other Lands with the Habendum and Reddendum ut supra Nevertheless upon this special trust and confidence that they the said W.D. R.H. and T.S. their c. shall permit and suffer him the said Sir R.D. and his assigns during his life to hold and enjoy the said Mannor and Premisses and to receive and take the rents issues and profits thereof to his and their own use And also upon this further special trust and confidence that they the said W. D. R. H. and T. S. their c. from and after the decease of the said Sir R. D. shall imploy yearly out of the profits of the said M. and premisses the sum of 50 l. of c. for the Education and bringing up of M. D. Gentleman second Son of the said Sir R.D. for and untill he the said M. shall attain unto the age of nineteen years And also that they the said W.D. R.H. and T. S. their c. from and after the said M. D. shall attain his said age of nineteen years during the residue of the said term shall raise out of the profits of the premisses the sum of 80 l. per annum for and towards the maintenance and for the portion of him the said M.D. And also at the end of the term hereby demised shall and will yield and deliver the rest and residue of all the profits of the premisses by them received or raised unto him the said M.D. or to his issue if any issue of his body be then living And if the said M.D. before his said age shall die without issue that then they the said W.D. R.H. T.S. their c. from and after the decease of the said M.D. without issue as aforesaid shall yield and deliver unto J.D. Esquire eldest son and heir apparent of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be living at such time as the said J.D. shall have accomplished his said age of nineteen years if he had lived all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said Mannor or Premisses and every or any of them And if the said J.D. before the said age of nineteen years shall die without issue that then they the said W.D.R. H. and T.S. their c. from and after the decease of the said J. D. as aforesaid shall yield pay and deliver unto R. D. Gent. youngest son of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be then living all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said M. and premisses and every or any of them Cum eadem potentia revocat pro ut ultim specificat In witness c. A Declaration of Trust with a Declaration of uses by the Truster THis Indenture made c. between A. Lady D. of c. Widow on the one part and Sir I. D Sir I.C. Sir R.L. I.C. I.C. T.L. T.I. W.M. and W.G. of c. seperatim on the other part Whereas the said Sir I.D. I.C. and I C. do stand joyntly seized in Fee with the said A. Lady D. of and in all that the Mannor of L. in the County of L. with the rights members and appurtenances thereof and of all that the Capital Messuage or Mansion-house of L. aforesaid and of all and singular Messuages Lands Tenements Tofts Cottages Mills Meadows Closes Pastures Leasows Commons Waste-grounds Furze Heaths Woods Under-woods Waters Moors Wayes Fishings Court-Leets Views of Frank-pledge Waifs Estrayes Royalties Franchises Rents Reversions Services Profits Commodities Liberties Priviledges and Hereditaments whatsoever to the said Mannor or any part thereof belonging or appertaining or reputed deemed occupied or taken as part parcel or member of the said Mannor of L. aforesaid and of all that Messuage with the appurtenances in L. aforesaid in the possession of W. C. or his assigns as by the conveyance thereof to them made by G. A. Esq it doth and may more fully appear And whereas the said T.L. T.I. and W.G. do also stand joyntly seized to them and their heirs of and in all and all manner of Tithes of what nature condition or quality whatsoever and of all Demises Pensions Portions Oblations Emoluments and Profits whatsoever coming growing renewing arising encreasing issuing or going out of any the Lands Meadows Pastures or Woods in L. in the said County of L. or being parcel of the Demeasnes of the Mannor of L. with their and every of their rights members and appurtenances and of all and singular Glebe-Lands Tenements Profits Commodities Emoluments and Hereditaments whatsoever to the Rectory and Parsonage of L. aforesaid belonging or appertaining lying or being amongst the Demesne-Lands of L. aforesaid and also of all and all manner of Tithes coming growing renewing or increasing in or upon the said Glebe-Lands Tenements and Hereditaments or any of them and of all other the Tithes coming renewing or increasing in L. aforesaid as by the conveyance thereof to them made by W. C. and G. A. it doth and may appear And whereas the said Sir I. C. Sir R. L. and W. M. do stand possessed and interessed for divers years yet enduring of and in all that Pasture-ground containing by estimation one hundred and twenty Acres be it more or less lying in L. in the Parish of S. in the said County of B. called or known by the name of the Nether ground with the Tenement and all other the Edifices and Buildings thereupon standing as by the Lease thereof to them the said Sir I. C. Sir R.L. and W.M. by I.I. and A. his wife dated the nineteenth day of c. it doth and may appear Now these presents witness and it is hereby declared testified and expressed by all the said parties to these presents that all and every the several parties to these presents do stand so seized and interessed of all and every the premisses respectively only in trust for the said A. Lady D. and to her use and that they the said Sir J. D. Sir I. C. Sir R.L. I.B. I.L. T.L. T.I. W.M. and W.G. and every of them and the Heirs and Executors of the Survivor and Survivors of them shall at the requests and costs of the said A. Lady D convey and dispose the premisses and every of them respectively to such person and persons as
the said J. B. and the said J. L. at the time of executing the said Conveyance as in part of the bargain for the said Messuage and Lands that the said I. B. shall make a Lease of the said Messuages and Lands unto the said I. L. E. his wife and the said I. his son for their lives successively at the yearly Rent of 4. pounds per annum The Consideration Now this Indenture witnesseth That the said I. B. being about the age of 28. years as well in performance of the said agreement on his part made aforesaid and of the yearly Rent hereby reserved and for other good causes and considerations him moving Hath demised The Demise set and to farm-letten and by these presents doth Demise set and to farm-let unto the said J. L. E. his wise and the said I. all that the foresaid Messuage or Tenement with the appurtenances wherein the said I. L. doth now inhabit and dwell scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned viz. one half acre of Land c. mentioning the particulars c. Together with all Houses Edifices Buildings Barnes Stables Yards Back-sideâ— Orchards Gardens Commons Commodities Wayes Easements Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premisses or any of them belonging or in any wise appertaining and now used therewith except all Woods Timber and Trees growing or to be growing on the premisses And also except all those four Cottages or Tenements heretofore built on part of the Orchard belonging to the said Messuage or Tenement hereby demised now being in the several tenures or occupations of R. E. T F. W. R. and L. D. their Assignee or Assignees To have and to hold the said Messuage or Tenement The Habendum and all other the premisses with their appurtenances except before excepted unto the said I. L. E. his wife and I. L. for and during the term of their natural lives and the life of the longer liver of them The Reddendum successively one after another as they are herein named Yielding and paying therefore yearly and every year during the said term hereby demised unto the said I. B. his heirs and assigns the yearly Rent or Sum of 4. pounds of currant money of England at two Feasts or Terms in the year most usual viz. the Feast of c. to be paid at c. the first payment thereof at the Feast of the Annuntiation of c. next ensuing The Distresse And if it happen the said yearly Rent or any part thereof to be behind and unpaid by the space of eight dayes next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them to enter into and upon the said Messuage and Premisses and every or any of them and to distrain for the same and the distress and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof if any happen to be unto the said I. B. his heirs and assigns shall be contented and paid And the said I. L. E. his wife Covenant to repair and the said I. L. for themselves joyntly and severally and for every and either of them their every and either of their several and respective Executors Administrators and Assigns and every of them do and doth covenant and grant to c. That they the said I. L. E. his wife and I. L. their several Executors Administrators and Assigns and every of them at their own proper costs and charges in and by all things shall and will well and sufficiently repair maintain uphold keep cleanse and scour all and every the Houses Buildings and Edifices hereby demised and now built upon the premisses and belonging to the same and which at any time hereafter during the term hereby demised shall be erected and built upon the demised premisses or any part thereof and the hedges ditches fences pales and mounds upon and about the demised premisses and every of them well and sufficiently shall make keep cleanse and scoure and the said Messuage or Tenement Houses and Buildings which are or at any time hereafter during the term hereby demised shall be erected or built in or upon the same or any part thereof being so well and sufficiently repaired maintained upholden kept cleansed and scoured in the end or other determination of the said term hereby demised shall and will leave and yield up unto the said I. B. To view the defaults of reparations his heirs and assigns And also that they the said I. L. and E. his wife and the said I. L. and every of them and their and every of their assigns shall and will permit and suffer him the said I.B. his heirs and assigns together with three or four or fewer Workmen or other persons at their or any of their wills and pleasures being at convenient times twice every year quietly to enter in or upon the said Messuage or Tenement and all other the Demised premisses to view and search whether the same be well and sufficiently repaired or not And of all and every the Default and Defaults for want of Reparations then and there found To repair upon notice to give or leave notice in Writing at the said Messuage or Tenement unto or for the said I. L. and E. his wife and the said I. L. to repair and amend the same from time to time during the terms hereby demised alwayes within the space of six months next after every such notice in Writing so given or left as aforesaid Not to demise without license And also that neither they the said I. L. E. his wise nor the said I. L. nor any nor either of them shall not at any time or times hereafter grant bargain sell assign or set over demise let or depart with the said Messuage and Premisses or any part or parcell thereof or his her or their or any of their right title interest or estate in or to the Premisses or any of them without the speciall license and consent of the said I.B. his heirs and assigns under his or their hand in Writing therefore first had and obtained Proviso upon non-payment or nonreparation to re-enter Provided alwayes and it is Conditioned by and between the Parties to these presents That if it shall happen the said yearly Rent or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the Feasts or dayes of payment before mentioned or set down for payment thereof contrary to the form aforesaid the same being lawfully demanded or if all and every the said Default and Defaults for want of Reparations
and Limitations hereafter in these presents expressed limited and declared and that the said Recoverers and either of them and all the parties to the same Recovery and the Parties takers thereby and their heirs and all other person and persons and his and their heirs who then were and now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and Premisses with their Appurtenances comprized in the said Recovery should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and Premisses comprized in the said Recovery and every parcel thereof with the Appurtenances to the same uses purposes and intents hereafter expressed And that the said Cognizees of the said Fine and either of them and all the parties to the same Fine and the takers thereby and the heirs of them and every of them and all and every other person and persons and his and their heirs who at the time of the levying of the said Fine then were or now are or hereafter shall be seized of the foresaid Mannors Lands Tenements Hereditaments and premisses with the Appurtenances Comprized in the said Fine and every of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses Comprized in the said Fine and every parcel thereof with the Appurtenances to the uses purposes and intents hereafter in these presents expressed and declared that is to say for touching and concerning all that the foresaid Capital Messuage or House called H. house scituate and being within the said Mannor of T. in the said Counties of W. and W. with the Orchards Gardens Barns Stables Hop-yards thereunto belonging And also as for touching or concerning the said several Lands Tenements and Hereditaments next hereafter mentioned and in the said several Recoveries comprized that is to say two Meadows called H. Meadows containing by estimation 60 acres more or less one Pasture called C. containing by estimation 40 acres one Wood called B. containing 16 acres c. parcel of the said Mannors Lands Tenements Hereditaments and Premisses in the said Counties of W. and W. To the only use and behoof of the said T. Lord W. and his Assigns The Uses for and during the term of his natural life without Impeachment of or for any wast and with full power to commit waste and from and after the decease of the said T. Lord W. then to the use and behoof of the Lady K. now wife of the said T. Lord W. for and during the term of her natural life for her Joynture and in lieu and full recompence of her Dower out of all the Mannors Lands Tenements and Hereditaments whereof the said T. Lord W. now is or hereafter shall be seized And for and touching all the residue of all the said Mannors Lands Tenements Hereditaments and Premisses with their Appurtenances in the said Counties of W. and W. And for touching and concerning all the said Mannors Lands Tenements Hereditaments and Premisses in the said County of G. to the only use and behoof of the said T. Lord W. and his Assigns for and during the term of his natural life without Impeachment of or for any manner of waste and for touching and concerning the immediate Remainder of the said Capital Messuage called H. house and of all the said lands tenements and premisses before particularly mentioned or meant to be limited to the use of the said Lady K. for her Joynture as aforesaid immediately from and after the decease of the said T. Lord W. and of the said Lady K. and of the longer liver of them and the immediate Remainder of all the residue of the said Mannors Lands Tenements Hereditaments and Premisses in the said Counties of W. and W. whereof there is no use before limited or declared to the said Lady K. for her Joynture And for touching and concerning the immediate Remainder of all the said Mannors Lands Tenements Hereditaments and Premisses in the said County of G. immediately from and after the decease of the said T. Lord W. to such uses purposes and intents and under such Provisions Conditions and limitations as hereafter in these presents are specified expressed limited and declared and to none other use intent or purpose whatsoever that is to say To the use and behoof of the said Right Honourable W. Lord P. N. F. c. their Executors Administrators and Assigns for and during the term and space of c. years to commence and begin as hereafter followeth that is to say for touching and concerning the said Messuages Lands Hereditaments and premisses before limited to the use of the said Lady K. for her Joynture parcel of the said Mannors Lands Tenements and Hereditaments comprized in the said Fine to begin-immediately from and after the decease of the longest liver of them the said T. Lord W. and of the said Lady K. and for touching and concerning all the rest and residue of the said Mannors Lands Tenements Hereditaments and premisses as well in the said Counties of W. and W. as in the said County of G. for and during the term and space of _____ years to commence immediately from and after the decease of the said T. Lord W. for and to the intent and purpose that the said W. Lord P. N. E. c. their Executors Administrators and Assigns shall and may receive For payment of debts and other charges perceive dispose and imploy the Rents Revenues Issues and Profits of all the said Mannors Lands Tenements Hereditaments and Premisses respectively for and during the said term or terms of _____ years for and towards the payment and satisfaction of all such Debts and Sums of money which the said T. Lord W. doth now owe or hereafter shall borrow or owe or for which any person or persons doth or hereafter shall stand engaged for or with the said Lord W. and for his proper debt and for the payment of such Annuities Rent or Rents and securing such Leases as the said T. Lord W. hath granted or hereafter shall grant or mention or limit to be issuing or going out of the said Mannors Lands Tenements Hereditaments and Premisses or out of any of them or out of any parcel of them or any of them to any person or persons which is or are or have been or hereafter shall be the servant or servants of the said T. Lord W. for or in regard or in respect of his or their service or services done or to be done to the said T. Lord W. or to any person or persons for any money heretofore received borrowed or taken up or hereafter to be received borrowed or taken up by the said T. Lord W. or to his or their Executors Administrators and Assigns and also for and towards the payment of such Legacy or Legacies and Sums of money which the said T. Lord W. shall by his last Will and Testament in writing to be signed sealed and published between three or more sufficient Witnesses give
limit ordain or appoint And from and after the end expiration surrender or other determination of the said term or terms of _____ years as they shall severally end and determine then to the use and behoof of such person and persons and for such estate and estates and for such part and parcel as the said T. Lord W. shall by his last Will in writing in presence of two credible witnesses or more appoint limit or declare Provided alwayes and the true intent and meaning of the said T. Lord W. and of all the parties to the said Recovery and Fine and of the parties to these presents and every of them before and at the several and respective times of the suffering of the said Recovery and the acknowledging and levying of the said Fine was and yet is and is hereby so expressed published and declared that notwithstanding any thing herein before contained it shall and may be lawful to and for the said T. Lord W. from time to time Power to make Leases and at all times for and during his natural life at his will and pleasure either by act or acts in writing under his hand and seal to be sealed and signed before two or more witnesses of credit and executed in his life-time or by his last Will and Testament in writing by him to be sealed subscribed and published before two or more such witnesses to give grant or make any lease or leases for life lives or years of all or any of the said Mannors Lands Tenements Hereditaments and Premisses or any of them other than during the life of the said Lady K. of the said chief Mansion-house called H. house and so much of the Demesnes Lands Tenements and premisses next adjoyning to the said Chief Mansion-house as shall amount to the clear yearly value of one hundred fifty pounds over and above all charges and Reprizes Or to charge the premisses to secure moneys to be hereafter borrowed Upon which lease or leases the accustomed or greatest yearly Rent or value heretofore paid for the said premisses or more shall be reserved or to charge the same premisses or any parcel thereof except before excepted and for the time aforesaid with any Rent or Rents Annuity or Annuities Recognizance or Recognizances in the nature of the Statute-Staple or Merchant or by or with any other Recognizance or Recognizances Judgment or Judgements of what nature soever for the assurance of payment of any Sum or Sums of money which he the said T. Lord W. either hath taken up or borrowed or shall hereafter receive take borrow or contract for of or with any person or persons for or to his use or otherwise or for the securing of any person or persons who now is or are or stand or that at any time hereafter shall stand or become bound for him the said T. Lord W. or otherwise at his free-will and pleasure and that the said Recovery Fine and Fines and other Acts and Assurances shall be and enure and the said Recoverors and parties to the foresaid Recovery and the Cognizees and parties to the said Fine and the parties takers thereby and their heirs and all and every other person or persons who now are or stand or hereafter shall be or stand seized of the said Mannors Lands Tenements Hereditaments and premisses by force or under the said Recovery and Fine or either of them and his anâ— hâ—r heirs shall stand and be seized of all or so much of the said Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the Appurtenances which is or shall be so given granted leased charged or disposed of from and after such gift grant lease charge disposition or other Act or Acts to such uses intents and purposes and to the use of such person and persons to whom such gift grant lease charge disposition or other Act or Acts hath been or shall be made as aforesaid and to the use intent and purpose that the party and parties to whom any Rent or Rents Annuity or Annuities Recognizance or Recognizances Statutes Judgements or other charges already granted or hereafter to be granted made or charged of upon or out of the said Mannors Lands Tenements Hereditaments and premisses or any parcel thereof by the said T. Lord W. shall and may duly have levy perceive take and enjoy the fruit benefit and effect of the same lease and leases Rent and Rents and other charge and charges according to the purport intent and true meaning of the said grant and grants lease and leases Recognizance and Recognizances Judgment and Judgments charge and charges and every or any of them any thing in these presents before contained to the contrary thereof notwithstanding Provided and it is further hereby Covenanted To make void the said uses granted condescended agreed published and declared by and between all and every of the foresaid parties That the true intent and meaning as well of the foresaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents alwayes was and is that it should and might and shall and may be lawful to and for the said T. Lord W. from time to time at any time or times during his life by his writing or writings by him to be signed or sealed in the presence of three witnesses of Credit or more or to be inrolled in any of the Courts of Record of our Soveraign Lord the Kings Majesty his Heirs or Successors to signifie or declare that his Will and Pleasure is That all or any of the use or uses estate or estates in Possession Reversion or Remainder limited appointed raised created or implyed in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and premisses or any of them or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said use and uses estate and estates in possession Reversion or Remainder so signified and declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the true intent and meaning of the said T. Lord W. so as aforesaid to be signified and declared other than such lease or leases estate or estates or charges which he the said Lord W. hath or shall make â—ay or charge of or upon any of the premisses for satisfying debts or for valuable Consideration in money or otherwise by force of the foresaid Proviso in these presents before expressed And also that then and from thenceforth at all time and times after such signification or significations declaration or declarations so to be made it shall and may be lawful to and for the said T. Lord W. at any time or times during his life To create nâ—w uses so oft as he shall think
the tenure of _____ A. under the yearly Rent of Four shillings and of all that other Messuage or Cottage now in the occupation of R. W. under the yearly Rent of Four shillings and of and in all and singular the Reversions and Reversion Remainders and Remainder Rent and Rents of in to or out of all the Lands Tenements Messuages and Hereditaments aforesaid or any of them and of and in any other his profits commodities and advantages whatsoever to the said Lands Tenements and Hereditaments or any of them belonging or in any wise appertaining or had used or occupied in or upon the same to the only proper use and behoof of the said J. F. for and during his natural life without Impeachment of any manner of wast and from and after his decease to the only use and behoof of the said A. during her natural life and from and after her decease to the only proper use and behoof of the said J. Son of the said J. F. the Father for and during his natural life and after his decease to the use and behoof of the said J. F. and the heirs of the body of the said A. by the said J. F. lawfully begotten or to be begotten and for default of such Issue to the use of the right heirs of the said J. F. the Father for ever and it is covenanted granted and fully agreed by these presents by and between the said parties to these presents and every of them their and every of their heirs and assigns That all and every grant Feoffment Fine Recovery and other conveyance assurance assurances and conveyances whatsoever to be had made or executed by the said J. F. his heirs and assigns or any of them within the space of five years next ensuing of or concerning the said Lands Tenements and other the premisses aforesaid or of or concerning any part or parcel thereof at all times hereafter shall be adjudged deemed and taken to be onely to the intents uses and purposes in these presents mentioned and expressed and to no other uses intents or purposes Provided alwayes and it is agreed between the said parties to these presents That it shall and may be lawful to and for the said N. G. J. S. and W. B. or the Survivors of them whereof the said J. F. to be one at all and every time and times and from time to time during the life of the said J. F. at the will and pleasure of such of them four three or two of them which then shall be living whereof the said J. F. to be one by their Deed or Writing indented of all them which then shall be living be it four three or two of them so that the said J. F. be one of them or such of them as shall be parties to the same sealed and subscribed to alter determine diminish change or enlarge any or all the aforesaid use and uses before declared of the premisses or any part thereof the use and estate before limited declared or appointed to the said A. wife of the said J. F. for the term of her life only excepted and by the same or any other such writing indented sealed and subscribed as is aforesaid to limit and appoint give or grant the use or uses of the premisses or any part thereof to the said persons or any of them or to any other person or persons in Fee-simple fee-tail for life lives or years or otherwise and that after such alteration determination enlarging limitation or appointing of any the use or uses aforesaid or of any parcel thereof the use only of such and so much of the premisses whereof any such alteration determination or enlarging of any use or uses aforesaid shall be as is aforesaid had or made shall be and shall be deemed and adjudged to be to such and those person and persons and to such and those use and uses and in such and the same manner and form as by such Writing subscribed and sealed as is aforesaid shall be declared only and to any other or others person and persons use or uses or in any other manner or form any thing in these presents contained to the contrary notwithstanding alwayes saving and preserving the said use and estate before limited and declared to the said A. for the term of her natural life as is aforesaid c. An Assignment of a Bond by way of a Collateral Security KNow all men by these presents That whereas T. M. of the Parish of clendon in the County of Wilts Gent. and W.M. of the Parish of Cheredon in the said C. of Wilts gent. by their Obligation dated the c. stand joyntly and severally bounden unto me H. T. Citizen and Salter of London in the penal Sum of one hundred pounds of good and lawful money of England with condition thereupon endorsed for payment of Fifty and two pounds of like good and lawful money on the c. next ensuing the date of the said Obligation as by the same it doth and may appear Now I the said H. T. for the better security of the like debt for which I have given bond and for other good causes and considerations me hereunto moving do by these presents make constitute ordain and in my stead and place put and authorize D. M. of the Inner-Temple London Gent. my true and lawful Deputy and Attorney irrevocable for me and in my name but to the sole use and behoof of my said Attorney his Executors Administrators and Assigns to ask demand receive and take of them the said T. M. and W. M. or either of them their or either of their Executors Administrators or Assigns the said Sum of Fifty and two pounds and for non-payment thereof giving and by these presents granting unto the said D. M. by the tenor hereof my full whole and absolute power and authority in the execution of the premisses the said T. M. and W. M. or either of them their or either of their Heirs Executors or Administrators in my name or the name of my Executors or Administrators to arrest sue implead imprison and condemn and prosecute in any Court or Courts whatsoever and them or any or either of them out of Prison to release as precisely as the Law will it permit for recovery of the said debt and penalty And upon recovery and receipt thereof to deliver up the said Obligation to be cancelled and finally to do all and every other lawful act whatsoever for recovery o◠the said debt and penalty or any part thereof without yielding any accompt thereof or therefore as to my said Attorney shall seem meet and expedient as fully and effectually as I my self might or could do or cause to be done in or about the premisses And moreover I the said H. T. do by these presents covenant and promise to and with the said D. M. his Executors and Administrators that at the day of the date of these presents I have not done or 〈◊〉 or suffered to be
A.B. of C. in the County of D. Gent. send Greeting Know ye That I the said A.B. the undoubted Patron of the Parish Church of E. in the County of F. for good considerations me thereunto moving have given and granted and by these presents do give and grant unto C. F. of J. in the County of K. Gent. the first and next Advowsonâ— Nomination Donation Collation Presentation and free Disposition of the aforesaid Rectory of E. in the said County of F. with 〈◊〉 â—is rights members and appurtenances whatsoever when it 〈…〉 void either by death resignation or otherwise In witness whereof c. THE Fourth Part OF THE CLERKS GUIDE BEING An Addition of FINES and RECOVERIES with the manner how to levy or suffer them to limit the Uses thereof And how they shall operate AS ALSO Of Mortgages Judgments and the like how to extend them With Forms of every matter therein of Use By Tho. Manley of the Middle Temple London Esq LONDON Printed by John Streater H. Twyford and E. Flesher Assigns of Richard Atkyns and Edward Atkyns Esquires M.DC.LXXII Cum Gratia Privilegio Regiae Majestatis The Premonition THe former Three Parts have it's true been heretofore Printed but not in the Method they are now presented being purged from many Errors and needless Repetitions however we will not take from the Authors their deserved praise but upon this Review finding somewhat wanting this Fourth Part intends to supply that defect for there is scarce any thing therein set forth which is not the ordinary practice of a well skilled Plebeian but in this we shall give you the particulars of Deeds and Assurances of Record not only the Forms and Presidents but the nature and manner how to proceed therein which is not common but to well practised Clerks And although it may not be absolutely perfect upon the first Essay yet it may answer beyond expectation there never having been any promise of Additions PART IV. Of a Fine A Fine being of all kinds of Settlements of the greatest Force and Antiquity is sometimes called Compositio amicabilis but more usually finalis Concordia and is so termed as the Lord Coke holds Quia finem litibus imponit And so indeed it did antiently for after some contention had been about a thing by Suit the Parties agreeing who should have it a Fine was levied and so there was an end of the matter but is now of more common use because a man thereby may convey his Lands to another in Fee-simple Fee-tail for life or years and that with a Reservation of Rent also Co. Inst 2. Part 511 514. And any person that hath a Capacity to take by the Grant of a Deed and may be a good Grantee in a Deed such person may be a good Conusee in a Fine and may thereby have and take the thing granted And may be levied of all things whereof either a Praecipe quod Reddat a Praecipe quod faciat a Praecipe quod Permittat or a Praecipe quod Teneat lyeth And the order of proceeding in suing it out is thus First an Original is sued forth which may be either a Quid juris clamat Per quae Servitia De Rationabilibus divisis Writ of Right Patent or Close Warrantia Chartae De Consuetudinibus or any Writ of Right But the usual Writ at this day is a Writ of Covenant And although by the common course they use to take out a Dedimus Potestatem and to have the Conusance of a Fine before any Original sued forth yet the Original is alwayes supposed iâ— Law to precede the Dedimus and therefore doth and must bear Teste before it or it will be erronious Then there is a Praecipe drawn and the Concord and Agreement of the Parties both which are to be fairly written in Parchment After this the Conusor or Conusors of the Fine are to come in person before the Judge or Judges authorized to take the Conusance of Fines who are to take notice of the persons that there be no Infants Ideots or Madmen among them nor any Feme Covert for if there be such a Woman the Judges or Commissioners are to examine her privately and apart Whether she be free and willing to do it without any constraint of her Husband Then she with the rest of the Conusors declare publikely their consent and to subscribe their Names or Marks to the Concord And if it be by Dedimus Potestatem it must be returned and certified under the hands and seals of the Commissioners into the Common Pleas that it may there be recorded and finished Which done the Conusee must compound with the King for his License and the money paid thereupon is called the Kings Silver and of this an Entry must be made on the back of the Writ of Covenant Then it must be enrolled by the Custos Brevium and upon that Roll the Proclamations are to be indorsed And thence carried to the Chirographers who make a Note thereof commonly called The Note of the Fine And then enter it upon Record ingross it and make and deliver the Indentures thereof to the Conusee And if it be a Fine with Proclamations it must be proclaimed openly in the Common-Pleas once every fourth Term then next following And the next Term after the engrossing the contents thereof are to be recorded in a Table made for that purpose to be set up in the Court of Common-Pleas at Westminster in an open place all the Term time and so at every Assises The Fine also if the Parties please may be enrolled and exemplified Presidents of Concords And first of the Praecipe Surr. ss Praec A. B. Mil. Quod juste c. ten C. D. Conven c. de Manerio de S. cum pertin in H. J. K. et nisi c. ac de viginti Messitagits duabus Salinis sex cottagiis here mention the true particular of the Parcells according to their severall Natures and Qualities with the numbers of Acres c. And thus you must vary them according to your best Judgments The Concords themselves are either Single or Double some Presidents of single Concords follow ETâ—est Concordia talis sc quod praedict A. recognovit tenementa praedicta cum pertin esse jus ipsius B. ut illa quae idem B. habet de dono praedict A. et illa remisit et quiet clam de se et haeredibus suis praedicâ— B. et haeredibus suis in perpetuum Et praeterea idem A. concessit pro se et haeredibus suis quod ipse warrant praedict B. et haeredibus suis praedicta tenementa cum pertin contra praedict A. et haeredes suos in perpetuum Et pro hac c. Of a Reversion after the death of Tenant for life ET est Concordia talis sc quod praed R. recognovit tenementa praedict cum pertin esse jus ipsius F. et concessit pro se et haeredibus suis quod praedicta tenementa quae F. M. et
of Joane a new right or title in the tayl descendeth to the said Richard and after his death to the said Thomas his Brother the Demandant Benloes Rep. 30 31. 2. In 29 H. 8. A Recovery was had against Tenant in taile and he dyed before execution And by the better Opinion the Issue is not remitted neither shall he falsifie because of the Recovery in value upon the Voucher Dyer 35. 3. In the Case of Hunt and Gateley Pasch 23 Eliz. in C.B. the case was That he in Remainder granted a Rent out of the Land after the Tenant in tail suffered a Common Recovery and dyed without Issue And it was Resolved by all the Judges of England That Leases for years Conusance of a Statute Grant of a Rent and all other Incumbrances by him in remainder are avoided by the common Recovery that the Tenant in tail shall suffer of the Land Moores Rep. Case 298. Capell's Case 23 Eliz. Co. 1. fo 62. 4. In Trin. 12 Eliz. 290. A Recovery was suffered by Husband and Wife of Tenements in London which by the Custome of London binds as a Fine at Common Law which was to the use of the Recoverors c. untill they made a Lease for 40 years and then to the use of the husband and wife and the heirs of the wife The Lease was made and then the husband dyed In this case the Court held that the wife should be concluded and should not avoid this Lease but shall hold under the Recovery so as the Lease precedes her Estate But Quaere what remady she shall have for the Rent which was reserved before her Estate by the use was created Dyer 290. See Co. 2. Part 57. Beckwiths Case 5. Replevin for the taking of three Cowes apud Rowdham the Defendant justifies for damage Feasant as in Freehold the Pâ—aintiff traverses the Freehold and thereupon being at Issue a specia Verdict was found Where the Case appeared to be One William Brown Father to the Defendant being seised of this Land in Fee having Issue the Defendant his Son and Heir Thomas Brown his second son and Richard a third by his Will in writing devised this Land to Thomas his son and his Heirs for ever paying to his brother Richard 20 l. at his age of 21 years And if Thomas dyed without Issue living William his Brother That then William his Brother should have those Lands to him and his heirs and assigns for ever paying the said Summe as Thomas should have paid Thomas enters and suffers a common Recovery with a single voucher to the use of himself and his heirs and afterwards deviseth it to the wise of Edward Pells the Plaintiff and her heirs and dyes with out Issue living the said William Brown who entred upon Edw. Pells and took the Distress Et si c. This Case was twice argued at the Barre and afterwards at the Bench and the matter was divided into three Points 1. Whether Thomas had an Estate in Fee or in Fee tayl only 2. Admitting he had a Fee Whether this limitation of the Fee to William be good to limit a Fee upon a Fee 3. If Thomas hath a Fee and William only a possibility to have a Fee Whether this Recovery shall barr William or that it be such an Estate as cannot be extirpated by Recovery or otherwise To the third Point Dodderidge held That this Recovery should barr William for he had but a possibility to have a Fee and as it were a contingent Estate which is destroyed by this Recovery before it came in esse for otherwise it would be a mischievous kind of Perpetuity which could not by any means be destroyed And although it was Objected That a Recovery shall not barre but where a Recovery in value extends thereto as appears Co. lib. 1. Capell's Case That a Rent-charge granted by him in remainder was bound Yet he held That this Recovery destroying the immediate estate all Contingencies and dependencies thereupon are bound and a Recovery shall bind every one who cannot falsifie it And he who hath this possibility cannot falsifie it therefore he shall be bound thereby But all the other Justices were herein against him That this Recovery shall not bind for he who suffered the Recovery had a Fee and William Brown had but a Possibility if he survived Thomas and Thomas dying without issue in his life no Recovery in value shall extend in value thereto unless he had been party by way of Vouchee And then it should for by entring into the Warranty he gave all his possibility Therefore they agreed to the case which Davenport at the Barre cited to be adjudged 34 Eliz. where a Mortgagee suffers a Recovery that shall no bind the Mortgagor but if he had been party by way of Voucher it had been otherwise and here is not any Estate depending upon the Estate of Thomas Bray but a Collaterall and meer Possibility which shall not be toucht by a Recovery And if such a Recovery should be allow'd then if a man should devise that his Heir should make such a payment to his younger sons or to his Executors otherwise the Land should be unto them if the Heir by Recovery might avoid it it would be very mischievous and might frustrate all devices and there is no such mischief that it should maintain Perpetuities for it is but in a Particular case and upon a mere contingency which perchance never may happen and be avoided by joyning him in the Recovery who hath such a contingency And on the other part it would be far more and a greater mischief that all Executors devises should by such means be destroy'd And Hutton in his Argument put this Case If a man gives or devises Land to one and his heirs as long as J. S. hath Issue of his body he by Recovery shall not bind him who made this Gift without making him a party by way of Vouchee for a Recovery against Tenant in Fee-simple never shall bind a collateral interest title or possibility as a Condition or Covenant or the like Wherefore they all besides Dodderidge held that this Recovery was no barr But it was adjudged for the Defendant Pells and Brown Hill 17 Jac. B.R. Cro. 2 Part 590. 6. In Pasch 24 Eliz. C. B. A Feme Sole was seised of a Mannor to which were three Copyholds one of the Copyholders did intermarry with the woman and afterwards he and his wife did suffer a Common Recovery of the Mannor to the use of themselves for their lives and afterwards to the use of the Heirs of the wife In this case it was agreed by the whole Court That the Copyhold was extinct And said by the Court That if a Copyholder will joyn with the Lord in a Feoffment of the Mannor thereby the Copyhold is extinct and so if he accept a Lease of his Copyhold Godb 11. Mich. 29 Eliz. C.B. Godb. 101. accord 7. Husband and wife are Joynt-Tenants for life the remainder to
245 Condition to pay money weekly 297 Condition to pay money in 3 years 298 Condition collaterall 299 Condition to pay money at ones returne from Sea 301 Condition to deliver wooll 302 Condition to renew a Lease when the Lessor comes to full age 303 Condition to gather Rents and give account thereof 304 305 Condition to bring an Inventory into the Prerogative Court by a day 307 Condition to assure mortgaged lands upon defect of redemption 308 Condition to acknowledg a Statute by a day 309 Condition not to meddle with an Executorship c. 310 Condition to procure a release and save harmless 311 312 337 Condition to release Dower 313 Condition that a man will suffer his wife to make a Will 313 385 Condition to marry one by a day c. 314 Condition to be a true Prisoner ibid. Condition to save harmless c. 315 333 338 502 Condition of a Factor to serve his Merchant c. ibid. Condition to pay use for Orphanage or Legacy-money 316 Condition for executing a Gaolership 317 339 Condition to reassure lands 318 Condition to find an Apprentice clothes 323 Condition not to be bound for any one 324 Condition to surrender land or pay money 325 Condition to keep the Peace ibid. Condition to pay money c. 326 327 Condition to recover a debt c. ibid. Condition to enjoy lands for non-payment of money 329 Condition upon an Attachment 331 Condition about payment of purchase-money 334 Copyhold lands demise thereof 358 Conditions of several kinds 383 384 647 648 649 Constables Articles to be observed by them 391 Condition to Replevy goods 438 Conveyance of land by 3. Co-heirs and their husbands 507 Covenant to deliver Evidences by such a time 525 Covenant to settle lands for natural affection 534 Condition of a Counter-bond 535 Condition to save harmless 581 582 D. DEed to justifie Actions upon setting over a Statute 30 Dower release thereof 45 Demise of divers lands c. paying a pepper corn yearly 108 Defeasance upon a Bond sued to Judgment 115 167 Defeasance to make void Statutes c. 123 Debt bill thereof 163 Defeasance upon a Statute 167 416 550 Defeasance upon a Mortgage 168 Deed of Settlement to several uses and in default c. as by Will or other writing shall be appointed 293 Debts assignment thereof c. 370 Declaration by a wife of the disposal of a sum of money according to a power reserved c. 375 Discharge to the Sheriff 388 Debts Conveyance for payment of debts 410 Demurrer and Plea form thereof 425 Deputation to a Bayliff or Receiver 644 Disease condition to cure it or repay the money 646 E. EXtent a grant thereof 40 Executor discharged from an Orphans portion in London c. 190 Executors covenant to discharge them from payment of Legacies to Nonage 192 Executors bound to diligence in executing a Will and to account 194 Extent assignment thereof 322 Executors Covenants between them 503 Executor condition to save him harmless 548 F. FIne Covenant to levy it 150 162 185 276 Fine uses thereof declared by Deed 269 Forma Pauperis certificate affidavit and Petition or the same 426 427 Feoffment with a Letter of Atturney 462 Fine uses thereof well declared 526 G. GRant of the reversion of certain Lands 22 Gift Deed of Gift 44 234 235 Goods in a Ship transport thereof 232 Observations upon a Deed of Gift 236 Grant of Lands in Fee in consideration of money and other Lands in exchange 551 Grant of the next Donation of a Benefice 655 H. DEed to save Harmless 6 I. JUdgment assignment thereof with a Letter of Atturney therein 12 139 173 Joynture an assurance thereof to a wife with remainder in tail 47 A Joynture with divers limitations and a Proviso for Revocation 76 Indenture to lead the use of a Fine 107 Indenture of redemise c. with Proviso c. 110 Joynture to the wife before marriage 128 220 Judgment condition to acknowledg satisfaction thereon 154 Joynture a deed thereof with uses 227 Inheritance conveyed by Deed c. 265 Indenture for equal division of goods c. 414 640 Indenture in lieu of Joynture 505 Indenture of Settlement well penn'd 541 L. LEase with extraordinary Covenants 4 Lease of a house and lands made in consideration of a sum the Fee-simple being in the Lessor 8 Letter of Atturney to receive one single debt 33 144 Lease in consideration of the surrender of a former with good Covenants 35 Lease of Tythes 43 Lease of a Fee-Farm c. with necessary Covenants 49 Letter of Atturney to enter upon lands and deliver a lease 55 56 145 202 Lease of divers lands c. with covenant to pay Heriots c. 71 Lease of lands by way of mortgage 92 Lease of a house in London 112 Lease to try a Title 129 387 Lease of a house and lands in the Country 209 Lease of a Warren of Conies 354 Licence to Hawk Hunt and Fish ibid. Lease of Cole-Mines 355 Letters of Licence 356 371 373 458 Lease of goods levied by the Sheriff 360 Lease of lands in Barbadoes 361 Lease from a Company 363 Lease from a Parson and Church-wardens with a Covenant for building c. 364 Lease from a Town or Corporation 365 Lease for 3. lives with Letter of Atturney c. 367 519 Livery of Seisin Memorandum thereof 413 490 Lease of a Mill 434 Lease for a year 452 Lease of a side of a Shop c. 459 Lease in trust 493 495 Lease of Lands with Exception of Woods 514 Lease forfeited upon a Mortgage assignment thereof 517 Lease to be void on payment of c. 583 Lease of a Ferry 588 Lease to three whereby every one is to pay bear and receive equally 641 M. MOrtgage assignment thereof 14 Mortgage for indempnity of Sureties 15 Maâ—â—mony pretended contract thereof revoked 97 Mortgage of Lands upon money c. 101 Marriage condition concerning it 163 Mortgage confirmation thereof 469 Marriage Lands setled to uses thereon and a fine levied to those uses 471 473 Mortgage deed thereof 476 Mannor Conveyance thereof 479 Marriage Indenture to stand seised to uses in consideration thereof 567 N NOnsuit condition to pay money thereon 162 O OBligations Assignment of two Severall ones 52 Obligation covenant to deliver it 185 Covenant to discharge it by a day 328 Obligation single from one to one 437 From two to one ibid. From three to one 438 Obligation and Condition from a bayliff and his Suretyes to a High-Sheriff 578 P PRoviso to make a demise void and a Covenant to grant a a new Lease 54 Partition Indentures thereof 116 389 639 Protection in Parliament time 172 Protection revoked 208 Partition of debts between partners 24â— Partnership deed thereof between four Merchants 398 Plea and Demurrer 425 Forma pauperis Certificate and affidavit thereof 426 Presentation of a Minister to a Living 446 Parsonage a Lease thereof 447 461 462 Park Keepership thereof granted 643 R