Arcana clericalia, or, The mysteries of clarkship being a sure way of setling estates by [brace] deeds, fines, and recoveries : with the forms of all manner of charter-parties in maritime cities, towns and corporations : with a table of all the principle matters therein contained / by George Billinghurst ...

Arcana Clericalia or The Misteries of Clerkshipp As to the Sure Settlements of Estates , by Deeds Fines Recoveries ●● With the Formes of all manner of Charterparties in Maritime Citties Townes and Corporations by George Billinghurst of Grayes Inn Esq ;

depiction of a courtroom, with judges, clerks, etc.

Printed for H. Twyford in Vine Court in the Middle Temple

Arcana Clericalia , Or , THE MYSTERIES OF Clarkship : BEING A sure way of Setling Estates By DEEDS , FINES , and RECOVERIES . With the Forms of all manner of Charter-Parties in Maritime Cities , Towns and Corporations . WITH A TABLE of all the Principal matters therein contained . By George Billinghurst of Grayes-Inne Esq ;

LONDON , Printed for Henry Twyford , in Vine-Court Middle-Temple , 1674.

TO THE Practitioners and Students OF THE Common LAW OF ENGLAND : Especially such as would be throughly Acquainted with Conveyancing .

WIthout the least Flattery to the Memory of our deceased Author , I may boldly say , His indefatigable Labours need not be usher'd into the World with studied Eulogyes : And I doubt not but you will concur with me in the same Opinion , when you have perus'd this Book , and confess his own Labours to be his greatest Commendation .

Touching the Subject matter , it contains the several Forms of Settlements of Estates to Uses , with power for Cestuy que use for Life , and in Tayl , to make Joyntures , Leases , and , Grants of Rents : Likewise the Forms of Limitation of Uses for Years ; for payment of Debts , discharge of Sureties , and raising of Portions for Younger Children : It also treats of Limitation of Uses in Fee , for the Lands to be sold to pay Debts , &c. With several forms of Revocation of Uses , and limitingVses de novo , and of Covenants , with other Incidents to the like Conveyances .

Besides these , there are other most useful Presidents , relating to Merchants and Traders Affairs , fit for all Maritime Cities , Towns , and places of Trade : The whole Work is so Methodically digested by the Author , that any Person ( who is not a meer stranger to the Law ) may make great use and advantage thereof , and speedily and readily find any particular matter therein contained .

As to the Author , I shall only say thus much in general of him , viz. That H●spent a considerable time in the study of the Law at Grays-Inne , and being unwearied in searching after all opportunities to improve his knowledge , He at length was call'd to the Barr , and gain'd in a little time the Vogue of being a profound and judicious Counsellor ; His Apprehension was alwaies quick , his Judgment deliberate , solid , and not wavering , of a clear discerning faculty , his Memory sound , and his Patience ( the truest index of a Wise man ) alwaies commanded his Passions : in short , He was a Person of exquisite , natural , and acquired Parts , and that which much contributed to the latter , was his great Moderation and Temperance , whereby his study and business glided in their delighted Channels , uninterrupted . Being at length wearied with Business , he retir'd into the Country , where having finish'd this Elaborate Work , he dyed . Since whose death , his Manuscript being left to the Guardianship of a Friend , and committed into my hands , in order to be made Publick , for the further advantage of such as would be perfect in the setling of Estates . I have hereunto added the Learning touching Fines and Recoveries , hoping the Ingenious will be moderate in their Censures ; And if I have , in this , done any thing to your Advantage , it will answer the pains of him that is ,

Your Servant , W. B.

An ANALYSIS of the whole Art of Conveyancing . Deeds are either Indented , of two parts three parts or more . or Poll in 1st Person or 3d Person . And consists of Grants , which are Constitutive or Creating what was not before , as The first Grant of A Way A Rent Estate Tayl for life for years Warranty , &c. And are Absolute or Conditional . or Conveying , whereby Estates already made are conveyed to others . or Discharges and are Remissory or Liberatory which releaseth or dischargeth something in being , as Releases , Defeazances , Acquittances . Ordinary Deeds by which Lands usually pass , are Feoffment , Bargain and Sale , Gift or Grant , Lease , Assignment , Exchange , Surrender , Confirmation , Release , Indenture to lead uses of Fines or Recoveries , Covenant to stand seized to uses , Revocation and new Declaration . All , or most of which have formal and orderly parts , viz. 1. The Premisses unto the Habendum , including 1. Grantor , 2. Grantee , 3. Thing granted . By apt and proper Names and descriptions . Which are certain in themselves , or Which by reference may be reduced to a certainty . 4. Exception by the words . Excepted , Excepting , Besides , Saving , Save only , &c. Which must be 1. A Particular out of a General , 2. Part of what is granted , not all , 3. That which may be severed from the thing granted , and not an inseparable incident thereto . 5. Recital of something antecedent . 2. The Habendum , whose office is to set down , 1. The Grantee , and 2. Certainty of Thing , Estate and Life granted , and to what use . 3. The Reddendum , which reserves some new thing to the Grantor , &c. And is usually made by the words , Yielding , Paying , Doing , Reserving , Finding , &c. And reserves what was not before . or Abridges the Tenure of what was before . 4. Warranty . 5. The Covenants containing the terms of Granting and Holding , being either Real , or Personal , And Inherent , or Collateral , And must contain things to be done , Lawful , and Possible . 6. The Conditions , which are Precedent , or Subsequent . To the Estate , and are Affirmative , Negative , Collateral , Inherent , Restrictive , Compulsory , Single , Copulative , Disjunctive . And make the Estate whereto they are annexed Void without , or Voidable by Entry , or Claim . Or tend to make and enlarge , or destroy or Clogg Estates . 7. The Conclusion . To the making of a good Deed are required , 1. Legible and formal Writing in Paper , or Parchment before Sealing and Delivery . 2. Capable Persons not disabled by Law ; as Donors that are Persons attainted of Treason , Felony , Premunire . Infants , Madmen , Idiots , Femes Covert , Aliens , Deaf , blind , and dumb from Nativity . Except in several special cases and things . Donees , as Monks , Fryers , &c. 3. A thing to be granted and passed . 4. By proper and sufficient Names and descriptions of 1. Grantor , 2. Grantee , 3. Thing Granted , Which must be grantable In its own Nature , and And by him that grants it . And is either ☞ Corporeal and Immovable , as Houses , Lands , Woods , &c. And are grantable in Fee , Tayl , for Life , Years , &c. And assignable from man to man . Or Incorporeal , as Rents , Services , Advowsons Presentations , Reversions , Remainders , Offices , Licenses , Franchises , Commons , &c. Whereof some are 1. Grantable at their first Creation , but not assignable after : as Great Offices of Trust , Judicial Offices , Licenses , Authorities , &c. 2. Assignable always . 3. Intirely , but not in part . 4. Intirely , or in part . 5. To any Body . 6. But to special Persons . 7. Somethings incident to others , not grantable without the things to which they are incident . Or Chattels , either Real , as Leases for years present , or to come , Extent , &c. or Personal , as Oxen , Horses , Plate , &c. 5. True Reading or declaring to a blind or illiterate Person , if required . 6. Sealing and Delivery by the maker or his Authority , Absolutely and positively to , or to the use of the Party , or Conditional , and as an Escrow to another . 7. To an honest end , and not by unlawful Contract , or made by Force , or Fraud . 8. Due Ceremony ; as Attornment , Livery of Seisin , Intolment . A Deed when well made , read , sealed and delivered , may be void or voidable when got by Force , Fraud , Corrupt agreement . Or may be mar'd by Rasure , Interlining , Addition , Breaking the Seal , Defacing , Judgment of Court , &c.

Arcana Clericalia : OR , The Mysteries of Clerkship : Containing the Forms of Settlement of Estates to uses ; with power to make Joyntures , Leases , Grants , &c.

The First Part.

CHAP. I. Some Observations taken out of our late Reports , and Books touching the Law of Conveyances in general .

1. A Bargains and sells to B. a Mannor Fine joyned , with other assurances extinguisheth not a condition . &c. and Covenants to suffer a Recovery ; and levie a Fine for better assurance of the Mannor : and that all Estates , assurances and conveyances after to be made of the said Mannor , should be to the uses in the said Indenture &c. And in the said Indenture there is a Proviso that B. ( the Bargainee ) shall do such an Act , &c. And it was resolved that this Proviso amounts to a condition in Law to defeat the whole Estate : and although A. and B. after levied a Fine to a third Person , in reference to the Covenant aforesaid , yet it was resolved , that the Fine did not extinguish the said condition , for it was as an assurance , and was to be guided by the Indenture : Cook lib. 2. 72 , 73. Lord Cromwels case . vide Dyer 157. pag. 28 , 29 , 30.

2. Also it was resolved in the said Cromwells case , Several conveyances , &c. do make but one assurance in Law . fo. 75. a. that the said bargain and sale , and Recoverie , and Fine , although made , suffered and levied at several times , do make but one assurance in Law of the Mannor , according to the same original bargain and contract ; and every of them tend to perfect the said Bargain and Sale , and none of them to destroy any part of it , or to subvert the true intent of the Parties : As , if a man makes a Lease for life of Lands in several Counties , and first makes livery in one County , and divers daies after maketh livery in another County ; yet the Rent reserved upon the Lease shall issue out of the Lands in both Counties , although the livery by which the estate passed , was made at several times : And therefore it might be objected , that presently upon the first livery the Rent should issue out of it : but the Law shall not judge by parcels in subverting of the intent and agreement of the Parties , but after all the Acts are done , in performance of the original contract and agreement of the Parties , the Law shall adjudge upon all , as executed at the same time . So if one make a deed of Feoffment , with warranty , and deliver the deed to the Feoffee , and after at another time maketh livery , secundum formam Charta , yet the warranty is good , although when the deed was delivered , no estate passed , to which the warranty might be annexed : yet notwithstanding , praxis juris p●●storum is to be observed , Et qui rationem in omnibus quarunt , ra●ionem subvertunt : Cook l. 2. 75. a. Conveyances to be so construed that they may take effect .

3. A Conveyance shall have such construction that it may take effect : ut res magis valeat quàm pereat . If Tenant for life , and he in Remainder or Reversion , joyn in a Feoffment by deed ; each one of them passeth his estate , ( viz. ) the Lessee for life his estate by the livery , and the Fee-simple moveth or passeth from him in Remainder or Reversion : but if the Feoffment had been by Paroll , then it should have been the Feoffment of him in Remainder or Reversion , and a surrender of the Lessee for life , for otherwise nothing should pass by Paroll . Cook lib. 2. Fine , works to corroborate a former estates and makes no discontinuance . fol. 15.

4. Tenent in Tail by deed inrolled , bargains and sells an house to another and his heirs : and after the Tenant in Tail levies a Fine with Proclamations to the Bargainee of the same house : Resolved , 1. That by the Indenture of bargain and sale inrolled , the Bargainee had an Estate descendible to his heirs , but it was determinable by the death of the Tenant in Tail . 2. Resolved , that the Fine here levied to the Bargainee doth not make a Discontinuance of the Remainder in Tail , nor doth any Estate of Free-hold pass by the Fine : but only the Fine with the Proclamations doth corroborate the Estate of the Bargainee , and the Stat. of 4 H. 7 , chap. 24. and 32 H. 8. cap. 36. makes his Estate more perdurable , being ( after the Fine ) determinable only upon the death of Tenant in Tail without issue ; but if the Fine had been levied before the bargain and sale inrolled , it had been a discontinuance ; but in the case before it was not , because it operated only upon the Estate which passed precedent . Cook lib. 10. fol. 96. Edward Seymors case .

5. Nota a diversity when a man hath two wayes Two waies to pass an Estate ho● taken ▪ to pass Lands , and both of them by the Common-law , and intends to pass them by one of those wayes : yet , ut res magi● valcat , it shall pass by the other . As if a man be seized of two Acres of Land in Fee , and lettath one of them for Years , and makes a Charter of Feoffment of both , and maketh livery only of the Acre in possession , in the name of both , only the. Acre in possession passeth : but if the lessee for years after doth attorne , then both shall pass : because he is by the common Law in the Per as to both : but , when a man may pass Lands either by the common Law , or by raising of a use and setling of it by the Statute , there in many cases it is otherwise : As , if the Father makes a Charter of Feoffment to the Son , and a let●er of Attorney to make livery ; if no livery be made , no use shall arise unto the Son , because then he should be in by the Statute in another degree , ( viz. ) in the Post : and the intention of the Parties is much in the raising of uses . Cook upon Lit. 49. a.

6. One sells unto another certain Lands by Acts done for further assurance referre to the Original agreement . deed indented , upon condition of Reentry , upon non-payment of 20 l. and that all assurances shall then be to him and his heirs : and Covenants to make other assurances , and that they shall be to the use in the Indenture : afterwards he makes a Feoffment to the same bargainee , to the use of him and his heirs , and afterwards levies a Fine to him , which was to the uses in the Indenture : and it was judged , that notwithstanding this absolute Feoffment , and to an express use ; yet it being made upon no new agreement , it shall be guided by the Covenant , so that the bargainees Estate continues conditional . Crook lib. 1. fol. 300. pag. 14. Clever vers. Giles . Acts done for further assurance upon covenants precedent , conteined in the original agreement , shall have such construction as may fortify and not destroy the first agreement . As if ● man bargain and sell Lands rendring rent , with condition of reentrie &c. and covenants to make further assurances ; and after he levies a Fine , or makes a Feoffment : none of these are construed to extinguish the rent , or condition , but to fortify only the Estate of the purchaser according to the first agreement . Moores Reports fol. 385.

7. It seems a conveyance of record shall be ●nv eyan●e of record and enpays , how taken . taken strictly and not by intendment : as a conveyance in pais shall . Therefore a Mannor in reputation , which is not a Mannor in truth , will not pass by the name of a Mannor , in a Fine or common Recovery : otherwise in a conveyance . Crook part 1. 524. p. 53. yet a remainder may pass in a Fine by the name of a Reversion , ibid. 594. p. 37.

8. Where an Indenture of bargain and sale is Several conveyances : how the Party shall be in . made , and after a Fine is levied of the same land to the bargainee , and after the deed is inrolled , the bargainee is in by the Fine , and not by the inrollment : and where a Reversion is bargained and sold by Indenture , and before inrolment , a Fine is levyed by the Bargainor to the Bargainee , and after the deed is inrolled , yet the Bargainee must have an Attornment , because he is in by the Fine and not by the Bargain and sale . Crook part 1. 917. p. 8.

9. Where it is possible for a grant to take effect Grant to take effect as by possibility it may . according to the Letter , there the Law makes such a construction , as by possibility it may take effect : as if Lands are given to two men , and the Heirs of their two Bodies , the Law makes them joynt-tenants for life , and gives them several Inheritances in Tail . Cook upon Litt. 183. b. Stamford justice Three grounds for construction of deeds . ( arguendo ) taketh three grounds for the construction of deeds , First , that it shall be taken most beneficially for the Party that taketh by them . Secondly , that the deed shall not be void , where the words may be taken to any intent . Thirdly , that the words shall be construed according to the mind of the parties and not otherwise : Plowden , Antient deeds how construed . fol. 160. Throgmortons case . Antient deeds shall be construed , as they were antiently taken , although the Law be since altered : vide Crook part 1. 633. p. 29.

10. Some words are large and have a general extent , Exposition des parol● . and some have a proper and particular application : the former sort may contain the latter , as dedi , or concessi , may amount to a Grant , a Feoffment , a Gift , a Lease , a Release , a Confirmation , or Surrender &c. and it is in the Election of the Party to use them , to which of these purposes he will● ; but a Release , Confirmation , or Surrender &c. cannot amount to a Grant &c. nor a Surrender ● a Confirmation , or to a Release &c. because they are proper and peculiar manner of conveyances , and are destined to a special end . Cook sur Litt. 301. b.

CHAP. II. The several formes of setting forth the grounds or considerations of a Conveyance , or s●ttlement of an Estate .

1. Witnesseth that the said A. B. as well for Money i● par● pa●d , and in par● secured . and in consideration of the summe of 500 l. of lawful moneyes of England to him in hand paid before the ensealing and delivery hereof by the said C. D. the receipt whereof lie the said A. B. doth hereby acknowledg ; and thereof , and of every part and parcel thereof doth acquit and discharge the said C. D. his Heirs , Executors , and Administrators by these presents : As also for and in consideration of the summ of 500 l. more of like moneyes , by the said C. D. secured to be paid unto the said A. B. his Executors and Administrators in manner and form following , viz. on the 20 day of January now next ensuing , the summ of 300 l. thereof , and on the first day of March then following the summ of 200 l. the residue of the said summ of 500 l.

2 Whereas the said A. B. at the ensealing and The barring o● an Estate ●●il , and enabling him to make a settlement or assurance . delivery of these presents , is and standeth seiled of an Estate ●ail to him and the Heirs Males of his Body , with divers remainders over , of and in the Mannors , Messuages , Lands , and Tenements hereafter in these presents mentioned , Now witnesseth this present Indenture , that for and in consideration of the barring of the said Estate tail , and all the Remainders thereupon d●pending , and for the setling of an absolute Estate in Fee-simple of inheritance , in the said A. B. whereby he may be enabled to make a good and perfect assurance to such Person or Persons and their Heirs , as have agreed , or hereafter shall agree with him the said A. B. to purchase the said Mannors , &c. [ A. B. covenants to suffer a Recovery ] — Or thus : That for the setling of the Mannors , Lands , Tenements and Hereditaments hereafter in these presents mentioned to such use and uses , and in such manner and forme as hereafter are in these presents limited and expressed , and for the enabling of the said A. B. to make and grant Leases and Estates of and in the sold Mannors , Lands and Premises in such manner and sort , and according to the power and authority to him hereafter in and by these Presents reserved , and for other good causes and considerations , &c.

3. Witnesseth that the said A. B. in consideration Natural love , &c. preferment of children . of the natural love and affection which he beareth unto C. B. his Son and Heir apparent , and for his advancement and present maintenance , and to the end that the Daughters of the said A. B. may have convenient Portions to maintain and prefer them in Marriage , and for the establishing of the Mannors , Lands , Tenements and Hereditaments hereafter mentioned , to such uses , intents and purposes as are hereafter limited and appointed , and for other good causes and considerations , &c. Or Settlement in the stock and blood , &c. thus : In consideration of the great love and natural affection , which he the said A. B. beareth unto C. B. the natural sonne and heir apparent of the said A. B. and to the heires males of the body of the said C. B. and to the end , intent and purpose that the Mannors , Lands , Tenements and Hereditaments hereafter mentioned , shall and may continue in the stock , blood and kindred of the said A. B. &c. — Or thus : A well for the advancement and preferment of the Heirs Males of the Body of the said A. B. lawfully to be begotten , and for the better advancement and preferment of C. B. D. B. &c. the natural Brothers of the said A. B. and to the end that the Mannors &c. hereafter mentioned may continue in the name , blood and kindred of the said A. B. so long as it shall please God , as for divers other good causes and considerations &c.

4. Whereas the said A. Lord B. is and standeth Another form more large . seiz●d in possession , reversion and remainder , of some Estate of inheritance of and in divers and sundry Honors , Castles , Mannors , Lordships , Messuages , Parks , Chases , Lands , Tenements , Advowsons , Liberties , Franchises , and Hereditaments , all which or the most part thereof have for a long time remained and continued in the Name and Blood of the said Lord B. and in regard the said Lord B. is desirous and intendeth to establish and settle all the said Honours , Mannors &c. to such intents and purposes as that the same may remain in the Name , Blood and Kindred of the said Lord B. according to the uses hereafter thereof expressed and declared , for the better advancement of the House , Honour , and Blood of the said Lord B. so long as it shall please God to permit the same : and our of the Fatherly love and affection which he beareth unto Sr. T. B. Knight , his Son and Heir apparent : and for the preferment , advancement and maintenance of the Lady E. B. now the Wife of Joynture . the said Lord B. and for her joynture in case she shall happen to overlive the said Lord B. and for Settlement on collateral Heirs . divers other good causes and considerations , &c.

5. Witnesseth , that for divers good causes and considerations , him the said A. B. hereunto moveing , and especially for that the said A. B. and C. B. his Wife have been married these many years , and have had no issue of their Bodies : and to the end that in case the said A. B. should die without issue of his Body lawfully begotten , the Capital Messuage , Lands , and Tenements hereafter mentioned shall and may , so lo●g as it shall please God , remain and continue in the Blood and Kindred of the said A. B. and for the natural love which he beareth unto &c. [ naming his Brothers o● Sisters ] and for divers other good causes and considerations , &c.

6. Whereas the●e is a marrirge by the grace of A marriage to be had and settlement of a joynture . God to be shortly had and solemnized between the said C. B. Son and H●ir apparent of the said A. B. and A. D. the Daughter of the said C. D. witnesseth that the said A. B. in consideration of the said Marriage , and of the Summ of 800 l. of good and lawful money of England to him in hand paid , as the M●rriage Portion of the said A. D. by the said C. D. her Father , and for the Natural love and affection which the said A. B. beareth unto the said C. B. and to the end , intent and purpose that a competent joynture may be had , and made unto the said A. D. for the better maintenance , livelyhood and advancement of the said A. D. in case she shall happen to survive and overlive the said C. B. and in full recompence and satisfaction of all the Dower and Title of Dower which she the said A. D. by or after the death of the said C. B. shall or may have to any the Mannors , Lands , Tenements or Hereditaments whereof the said C. B. shall during the coverture between him and the said A. D. be seized of any Estate of Inheritance , and for the advancement of the Name and Blood of the said C. B. and for and towards a provision of Maintenance to be had and made unto , and for the said C. B. and A. D. during the natural lives of the said A. B. and A marriage already had , and for a joynture , &c. E. his wife , &c.

7. Witnesseth , that for and in consideration of the natural love and affection which the said A. B. beareth unto the said C. B. his eldest Son and Heir apparent , and other his Sons hereafter named , and for the advancement of the Name and Blood of the said A B. and also in consideration of a Marriage heretofore had and solemnized between the said C. B. and D. B. now Wife of the said C. B. and of the Sum of 1000 l. to the said A. B. by W. D. Father of the said D. B. well and truly contented and paid as the marriage portion of the said D. B. and to the end and intent that a competent and convenient joynture and estate may be had , made and provided for the said D. B. for term of her life , ( in case she shall happen to survive the said C. B. ) in recompence and satisfaction of all the Dower , and Title of Dower , which the said D. B. by or after the death of the said C. B. hath or shall , or may have in or to any of the Mannors , Messuages , Lands , Tenements or Hereditaments , whereof the said C. B. is , or during the Coverture between him and the said D. B. shall be seized of any Estate of Inheritance , and for other good causes and considerations , &c.

8. Witnesseth , that in consideration of a Marriage An other in relation to former agreements heretofore had between the said A. B. and F. B. his now Wife , and of the good will and affection which the said A. B. beareth unto the said F. B. and for the true performance of such promises and agreements had and made , by the said A. B. upon the marriage between the said A. B. and the said F. B. had as aforesaid , and for a joynture &c. and to the end and intent and purpose that the Lands , Tenements , and Hereditaments of the said A. B. hereafter mentioned , may come and continue to and in the issue of the said A. B. and F. in such sort Manner and Forme as hereafter is in these presents expressed mentioned and declared , and for other good causes , &c.

9. Whereas , the said A. B. is now lawfully seized Payment of debts . in his demesne as of Fee , of and in a Messuage , Tenement and Lands , with the Appurtenances scituate , lying and being &c. of the yearly value of 250 l. per annum , of lawful moneys of England . And whereas the said A. B. is indebted , and doth owe unto divers Persons several Summes of Money , amounting in the whole to 1000 l. of like moneys being particularly mentioned in a Schedule hereunto annexed , which summes the said A. B. is not at present able to pay , and yet minding and intending to make payment thereof , with such speed as it may be : in consideration whereof , and for asmuch as the said C. D. hath undertaken out of the Rents , issues and prossits arising out and from the said Messuage , Lands , and Premises , to pay and satisfie the debts owing by the said A. B. rateably to his Creditors , according to their several debts , as the same shall be yearly raised , out of the said yearly Rents , Issues , and Proffits Now Witnesseth &c.

CHAP. III. Containing several Covenants .

1. This Indenture &c. between A. B. and E. To levie a Fine Sur cogniz . de droit come ceo . Per. Baron & feme . his Wife on the one part , and C. D. and G. H. of the other part witnesseth , that it is Covenanted , Granted , Concluded and Agreed , by and between the said Parties to these presents . And the said A. B. for himself , his Heirs , Executors , and Administrators , and for the said E. his wife d●th covenant , grant , and agree , to , and with the said C. D. and G. H. their Heirs , Executors , and Administrators by these presents , That they the said A. B. and E. his wife shall , and will before the end of the Terme of St. Michael the Archangel next ensuing , the Date hereof by one Fine with Proclamations in due form of Law , to be levied before the Justices of our Soveraign Lord the King , of his Majesties Court of Common Pleas at Westminster , † † Or before any other Person or Persons sufficiently , and lawfully , authorized in that behalfe [ which is sometimes added . ] Between the said C. D. and G. H. Plaintiffs , and the said A. B. and E. his wife Deforciants , Recognize and acknowledg , All that tho Mannor of &c. and all other the Lands , Tenements , and Hereditaments , lying and being in the Parish of B. in the County of C. in which the said A. B. and the said E. his wife , or either of them , have , or heretofore had any Estate , or Inheritance in Possession , Reversion , or Remainder , with all and singular the Appurtenances thereof by some Name or Names , and Contents , and Numbers of Acres in the said Fine to be contained to be the Right of the said C. D. as those which the said C. D. and G. H. have of the Gift of the said A. B. and E. his wife , and the same shall thereby remise , and quit-claime from them the said A. B. and E. his wife , ●nd their Heirs to the said C. D. and G. H. and the Heirs of the said C. D. for ever : And moreover , shall by the said Fine , warrant the said Mannor and Premises , with the Appurtenances unto the said C. D. and G. H. and the Heirs of the said C. D. against them the said A. B. and E. his wife , and the Heirs of the said A. B. Another more brief . for ever .

2. This Indenture , &c. Between A. B. and E. his wife , on the one part , and C. D. of &c. on the other part . Witnesseth , That it is covenanted , granted , concluded , and agreed by , and between the said parties to these presents . And the said A. B. for himself , his Heirs , Executors , and Administrators ; and for the said E. his wife , doth covenant and grant to , and with the said C. D. his Heirs , Executors , and Administrators , that he the said A. B. and E. his wife , shall & Will on this side , and before the Feast of &c. next ensuing , the Date of these presents , or before the Justices of our Soveraign Lord the King , of his Majesties Court of Common Pleas at Westminster ; acknowledg , and levie one Fine sur cognizance de droit come ceo que il ad de lour done , &c. with Proclamations , according to the forme of the Statute in such Case had and provided , to the said C. D , of all that Messuage or Tenement , and Lands , &c. by such Name and Names , Qualities , Quantities , and Numbers of Acres , as by the said C. D. or his Counsel learned in the Law , shall be reasonably devised , advised , or required .

2. This Indenture made , &c. Between A. B. of Another by several persons severally interessed . &c. on the first part , C. D. of &c. on the second part : E. F. of &c. on the third part : and G. H. of &c. on the fourth part : Whereas the said A. B. is seized in his Demesne as of Fee , of , and in one parcel of Pasture ground , called , or known by the Name of D. lying , and being in the Parish of F. in the County aforesaid , containing by Estimation twenty Acres or thereabouts , which he lately purchased of one J. R. of &c. And whereas the said C. D. is likewise seized in his Demesne as of Fee , of and in one Messuage or Tenement , with the Appurtenances , and a certain parcel of Meadow grounds lying neer thereunto ; containing by Estimation six Acres or thereabouts , lying , and being in F. aforesaid , which he lately purchased of one L. M. of &c. And whereas the said E. F. is likewise seized in his Demesne as of Fee , of and in one Messuage or Tenement , with the Appurtenances lying , and being in F. aforesaid , and a certain Close , or parcel of Pasture ground thereunto belonging , and adjoyning , containing by Estimation Ten Acres or thereabouts , which he the said E. F. lately purchased of one R. S. of &c. And they the said A. B. C. D. and E. F , being of the said Premises so severally seized as aforesaid . Now witnesseth these presents , that it is covenanted , concluded , and agreed by , and between all the said Parties to these presents ; That they the said A. B. C. D. and E. F. shall on this side , and before the Feast of &c. next ensuing , the Date hereof , in due form of Law , levie , and acknowledg , one Fine sur cognizance de droit come ceo &c. with Proclamations according to the Statute in that Case made and provided , before the Justices of our Soveraign Lord the King , of his Majesties Court of Common Pleas at Westminster ; to the said G. H. and his Heirs , of all and singular , the Premises , with the Appurtenances , The Uses . by the Name or Names of &c. And that the said Fine so to be levied , shall be , and envre , and shall be deemed , construed , and taken to be , and envre , and the said G. H. and his Heirs , shall by vertue thereof stand , and be seized of , and in all , and singular , the said Premises , with their , and every of their Appurtenances to the several uses hereafter mentioned and declared , and in manner and form following : That is to say of , and in the said parcel of Pasture Land , called or known by the Name of D , with the Appurtenances thereof to the only use and behoofe of the said A. B. and his Heirs ; and of , in , and to the said Messuage or Tenement , with the Appurtenances , and parcel of Medow grounds , to the only use and behoofe of the said C. D. and his Heirs , &c. [ and so for the rest . ]

4. This Indenture made , &c. Between A. B. To levie a Fine in the County of Lancaster . of the one part , and C. D. and E. F. of &c. on the other part : Witnesseth , That it is covenanted , granted , concluded , and agreed by , and between all and every the parties to these presents . And the said A. B. for himself , his Heirs , Executors , and Administrators , doth covenant , grant , and agree to , and with the said C. D. and E. F , and either of them , their , or either of their Heirs , Executors , and Administrators by these presents ; that he the said A. B. shall , and will at the next Assizes , or general great Sessions for Pleas , to be holden at Lancaster , before the Justice or Justices of our Soveraign Lord the King , there for the time being , levie , and acknowledg one Fine Sur cognizance de droit come ceo , &c. with Proclamations thereupon to be had in due form of Law , unto the said C. D. and E. F. and their Heirs of , and in all , and singular those Several Mossuages or Tenements , &c. by the name of three Messuages , two Gardens , two Acres of Land , twenty Acres of Meadow , and fourty Acres of Pasture ; with the Appurtenances in B. in the County of Lancaster aforesaid , &c.

5. This Indenture made , &c. Between A. B. on To levie Fines in the Counties of Chester and Lancaster . the one part , and C. D. on the other part . Witnesseth ; That the said A. B. for divers good causes , and considerations , him hereunto moving ; hath covenanted , granted , and agreed , and by these presents ; doth for him , his Heirs , Executors , and Administrators , covenant , grant , and agree to , and with the said C. D. his Heirs , Executors , and Administrators by these presents ; That he the said A. B. shall , and will before the Feast of &c. next ensuing , the Date of these presents , in due form of Law , acknowledg , and levie two or more Fines sur cognizance de droit come ceo , &c. with proclamations within the Counties Palatine of Chester and Lancaster , before the Kings Majesties Justices of Assize , or before some other Person or Persons in that behalf , lawfully , and sufficiently authorized unto him the said C. D. and his Heirs , of all that &c. [ The one part being in the County of Chester , the other in the County of Lancaster ] by such Name or Names , Qualities , Quantities , and Numbers of Acres , as by the said C. D. or his Counsel Learned in the Law shall be reasonably advised , or required , &c.

6. This Indenture , &c. Between A. B. of the To levle a Fine in a Court of Ancient Demesne . one part ; and C. D. of the other part . Whereas the said A. B. is the Day of the Date of these presents , lawfully seized of an Estate of Inheritance to him , and the Heirs Males of his body , of , and in divers Messuages , Lands , Tenements , and Hereditaments , within the Liberty of H. at B. in the County of E. hereafter in these presents particularly mentioned . Now witnesseth these presents , that the said A. B. for divers good Causes and Considerations him hereunto especially moving , and for the settling &c. doth for himself , and his Heirs , covenant , grant , and agree to , and with the said C. D. his Heirs , Executors , and Administrators by these present● : That he the said A. B. at his own proper Cost and Charges ; shall , and will in due form of Law , before the Feast of &c. next ensuing , the Date of these presents , acknowledg , and levie one Fine in the Court of Ancient Demesne , within the said Liberty of H. at B. according to the course and common usage for levying of Fines for Lands , and Hereditaments within the said Liberty , unto the said C. D. of all those Messuages , Lands &c. by the Name of three Messuages , three Gardens , fourty Acres of Land , &c. in H. at B. aforesaid , or by such other Name or Names as shall be thought meet , &c.

7. This Indenture , &c. Between A. B. and E. To levie a Fine with a Render of an Estate for Years . his wife on the one part ; and C. D. on the other part : Witnesseth , That for divers g●od causes and considerations ; it is covenanted , granted , concluded , and agreed by , and between the said Parties to these presents , for them , their Heirs , Executors , and Administrators ; that before the end of Trinity Term now next ensuing , at the Cost and Charges of the said C. D. his Executors , and Administrators ; one Fine , with Proclamations in due from of Law , shall be levied , and acknowledged between the said Parties to these presents , in manner and form following ; of one Messuage , with the Appurtenances in the Parish of &c. and two other Messuages &c. in , and by which said Fine , the said C. D. shall remise , release , and quitclame from the said C. D. and his Heirs , unto the said A. B. and E. his wife ; and the Heirs of the said A. B. all his Right , Title , Estate , and Interest of , in , and to the aforesaid Messuages , and other the Premises , with the Appurtenances ; for which Remise , Release , and Quitclame , the said A. B. and E. his wife , shall by the said Fine , Render the said The Render . Messuages , and Premises , with the Appurtenances unto the said C. D. his Executors , Administrators , and Assigns ; to have , and to hold the same , unto the said C. D. his Executors , Administrators , and Assignes from the Feast of the Nativity of St. John the Baptist next ensuing , the Date hereof , for during , and until the full end and term of One and Twenty years , from thence next ensuing , and fully to be compleate and ended : Yielding , and paying therefore yearly , and every year unto the said A. B. and E. his wife , their Heirs , Executors , and Assigns respectively , during the said term , the yearly Rent , or Sum of Five pounds of lawful Moneys of England , at Four the most usual Feasts in the year ; that is to say , &c. or within thirty Days after either of the said Feasts : [ with Several Covenants to be added , as is usual in I eases . ]

8. This Indenture , &c. Between A. B. and E. Another with a Render of a Rent . his wife on the one part , and C. D. on the other part : Witnesseth , That for divers good Gauses and Considerations ; it is covenanted , granted , concluded , and agreed by , and between the said parties to these presents , for them , their Heirs , Executors , and Administrators ; that before the end of Trinity Term now next coming , at the Cost and Charges of the said C. D. hi● Executors , and Administrators ; One Fine , with Proclamations in due form of Law , shall be levied of certain Messuages , &c. levied , and acknowledged by , and between the said parties to these presents , by the Names of &c. in , and by which said Fine , the said C. D. shall remise , release , and quitclame from the said C. D. and his Heirs , unto the said A. B. and E. his wife , and the Heirs of the said A. B. all his Right , Title , Estate , and Interest of , in , and to the aforesaid Messuages , and other the Premises , with the Appurtenances ; For which Remise , Release , and Quitclaim , the said The Render . A. B. and E. his wife , shall by the said Fine , grant , and render unto the said C. D. his Executors , Administrators , and Assigns , one Annuity or yearly Rent of Twenty pounds per annum , of good and lawful Moneys of England , to be issuing , and going out of the aforesaid Messuages and Premises , with the Appurtenances ; to have , hold , receive , and enjoy the said Annuity of Twenty pounds per annum , and every part and parcel thereof unto the said C. D. his Executors , Administrators , and Assigns ; from the Feast of &c. next ensuing , the Date hereof unto the full end and term of One and thirty years , from thence next ensuing , and fully to be compleat and ended , at the Feast of St. Michael the Archangel , and the Annunciation of St. Mary the blessed Virgin , by even and equal portions , yearly to be paid during the term aforesaid : And if it shall happen the said Clause of Distress . yearly Rent of Twenty pounds , or any part thereof to be behind or unpaid , in part , or in all , by the space of twenty Dayes , after either of the said Feasts or Dayes of payment , being lawfully demanded ; that then , and from thenceforth , it shall , and may be lawful to , and for the said C. D. his Executors , Administrators , and Assigns , into the said Messuages and Premises , and every part and parcel thereof to enter , and distrain ; and the Distress , and Distresses there to be found , and taken , lawfully to lead , bear , drive , and carry away , and the same to detain and keep , until he the said C. D. his Executors , Administrators , and Assigns , shall be fully paid and satisfied the said Annuity , or yearly Rent , and all , and every the Areres thereof , &c.

9. This Indenture , &c. Between A. B. and E. To leavie a Fine Sur concessit . his Wife on the one part , and C. D. on the other part : Witnesseth , That the said A. B. for divers good causes and considerations him hereunto moving ; doth for him , his Heirs , Executors , and Administrators , and for the said E. his wife , covenant and grant to , and with the said C. D. his Executors , and Administrators by these presents : That he the said A. B. and E. his wife ; shall , and will before the end of this present Term of St. Hillary , leavy one Fine Sur concessit , with Proclamations in due form of Law , before his Majesties Justices of the Common Pleas Court at Westminstor , in the County of Midds , unto the said C. D. of all the Mannors , &c. and the Revertion and Revertions , Remainder and Remainders of all , and singler the premises and of every part and parcel thereof : And all Rent and Rents , and yearly services , and other profits whatsoever reserved and payable upon every demise and demises , Leases , Grants , and Conveyancies whatsoever ; made and granted of the premises , or any part or parcell thereof , by such name and names , quantities and qualities , as shall be thought meet and ●

10. This Indenture , &c. Between A. B. and E. To sue fortha Recovery with double voucher . his wife of the first part , C. D. and E. F. of the second part , and G. H. on the third Part : Witnesseth these presents , that it is mutually and respectively covenanted and concluded by , and between the said Parties to these presents : And the said A. B. doth for himself , his Heirs , Executors , and Administrators , and for the said E. his wife , covenant and agree to , and with the said G. H. his Heirs ; Executors , and Administrators , by these presents : That he the said A. H. and E. his wife , shall and will on this side , and before the Feast of , &c. Tenent to the precipe made by Fine . now next ensuing , leavy and acknowledg o●e Fine sur cognizance , de droit come ●co quc ils ont de lour done &c. in due form of Law , with Proclamations to be had and made , according to the common course of Fines in such cases used ; and the Statu●e in that behalf made , and provided , before the Justices of our Sovereign Lord the King , of his Majesties Court of Common Pleas at Westminster , [ or before some other competent person or persons thereunto lawfully and sufficiently authorized , ] to the said C. D. and E. F. and their Heirs , of all that the Mannor of S. in the County of B. and of all Messuages , Lands , Tenements , and Hereditame●ts whatsoever , which are or are reputed , part or parcol of the said Mannor , or belonging , or appertaining thereunto ; by such name or names , quantities , qualities , contents , and numbers of Acres , and in such manner and form , as by the said G. H. his Heirs of Assigns ; or his , or their Council learned in the Law , shall be reasonably devised , advised , or required ; which said Fine so , or in any other manner to be levied and acknowledged between the said Parties ; shall be , and shall be construed , reputed , and taked to be , to and for the use of the said C. D. and E. F. and their Heirs ; to the only end , intent , and purpose , that the said C. D. and E. F. shall , and may stand , and be full and perfect Tenents of the Freehold of the said Mannor , Messuages , Lands , and Premises , and every part thereof : Whereof the said Fine is agreed to be leavied as aforesaid , until a perfect common Recovery ; shall and may be lawfully had , and executed of the said Mannor , Messuages , Lands , and Premises , against the said C. D. and E. F. and their Heirs , according to the true intent and meaning , of these presents , and the Parties thereunto .

11. And it is further covenanted , concluded , To suffer a Recovery upon a writ of entry en le post . and agreed by , and between all the said Parties , to these presents ; and every of them their , and every of their Heirs : That they the said C. D. and E. F. shall and will permit , and suffer the said G. H. before the Feast of &c. next ensuing , the Date hereof by Writ or Writs of entry , Sur disseisin en le post to be sued forth , and obtained out of the Kings Majesties High Court of Chancery , and returnable before the Justices of our said Sovereign Lord the King , of the Court of Common Pleas at Westminster , in the name of the said G. H. demandant , against the said C. D. and E. F. being Tenents , to recover to them , and their Heirs in due form of Law , according to the usual form of common Recoveries for assuring of Lands , Tenements , and Hereditaments , against the said C. D. and E. F. and the surviver of them , then Tenent or Tenents of the premises : All and every the said Mannor , Lands , and Premises withal and singular their , and every of their Appurtenances ; by some name or names in the said Writ and Recovery to be contained ; [ or thus , by such name of names , and under such number and contents of Acres ; a●d in such manner and form as shall be advised by the Council of the said G. H. ] unto which said Writ of entry , Sur disseisin en le post , so to be brought as aforesaid , the said C. D. and E. F. shall appear gratis , And then , and immediately after appearance and defence made , shall and will in the said action , vouch to warranty the said A. B. and E. his wife , who shall likewise appear gratis , and vouch to warranty the common Vouchee ; who shall also appear , imparle , and make default , whereby a perfect Judgment may be had and given against the said C. D. and E. F. and for the said C. D. and E. F. to recover aganst the said A. B. and E. his wife ; and for the said A. B. and E. his wife , to recover in value against the common Vouchee : So that a good and perfect Recovery may be had with double Voucher , and execution be had and made thereof , &c.

12. This Indenture , &c. Between A. B. of the An other with double Voucher ( the Tenent of the precipe , being before made by Deed , &c. ) vide Sect. 13. first part ; C. D. of the second part , and G. H. of of the third part : Witnesseth , that for divers good causes and consideration , &c. It is covenanted , granted , and agreed by , and between the said Parties to these presents , in manner and form following : That the said G. H. shall on this side , and before the Feast of &c. next ensuing the Date of these presents , purchase and sue forth out of the High Court of Chancery , one original Writ of entry , sur disseisin en le post , against the said C. D. returnable before the Justices of his Majesties Court of Common Pleas at Westminster , at a Time certain in the said Writ to be mentioned : And by the said Writ , shall demand against the said C. D. all that the Messuage , and Lands , &c. [ Setting forth the particulars , and where they lye : ] By such names , qualities , and numbers of Acres ; as by the said G. H. and his Council Learned in the Law , shall be devised , advised , or required : Unto which said Writ . the said C. D. shall appear gratis , and take upon him the Tenancy of all and every the said Messuage , Lands , and other the Premises , with the Appurtenances , and shall vouch to warranty the said A. B. who shall appear gratis , and vouch to warranty the common Vouchee , who shall likewise appear gratis , and enter into the warranty , and after imparle and make default in contempt of the Court , so that Judgment shall be given that the said G. H. shall recover the said Messuages , Lands , and Premises in the said Writ to be contained , against the said C. D. and that the said C. D. shall recover over in value against the said common Vouchee : And that execution of the said Recovery so to be had , shall be made according to the form of common Recoveries in such cases used and accustomed . And that the said G. H. C. D. and A. B. and the said common Vouchee , and every of them shall and will do execute perform and suffer ; all and every such Act and Acts , thing and things whatsoever , as as shall be necessary and expedient for the prosecution of the said Recovery , and the execution thereof ; according to the form and Order of common Recoveries , with double Vouchers in such cases used , &c.

13. This Indenture , &c. Between A. B. of To make a Tenent to a Precipe by barg . & sale . the one part , and C. D. of the other part : Witnesseth , That the said A. B. for and in consideration of 5s . of lawful Money of England , to him in hand paid before the sealing and delivery hereof by the said C. D. the receipt whereof the said A B. doth acknowledg : And to the end and purpose that the said C. D. may be made a perfect Tenent to a Precipe , against whom a common Recovery may be had of the Mannor , and Lands hereafter mentioned : Hath granted , bargained , and sold , and by these presents , doth for him and his Heirs , grant , bargain , and sell unto the said C. D. and his Heirs , all that the said Mannor , &c. To have and to hold the said Mannor , Lands , and Premises , and every part or parcel thereof , unto him the said C. D. his Heirs , and Assigns for ever ; to the only use and behoof of the said C. D. his Heirs and Assigns for evermore .

14. This Indenture , &c. Between A. B. of To suffer a Recovery , with the recital of the said former deed ; with double Voucher . the first part , C. D. of the second part , and E. F. on the third part : Whereas , the said A. B. hath by his Indenture of bargain and sale bearing Date , the &c. last past before the Date hereof , for the consideration therein exprest , granted , bargained , and sold unto the said C. D. and his Heirs ; all that the Mannor , &c. [ to the end of the Habendum , ] which said bargain and sale was made to him the said C. D. and his Heirs , to and for the only use intent and purpose , that the said C. D. should be sole Tenent of the Premises to a Precipe ; against whom the Recovery hereafter mentioned might be had in manner and form following . Now Witnesseth this present Indenture , And it is covenanted , concluded , and ageed by , and between all the said Parties , to these presents ; for the ●selves respectively and their Heirs : That before the end of the Term of the Holy Trinity next en●uing , the Date hereof there shall be at the only cost and cha●g●s of the said E. F. more brief one Recovery in the nature of a common Recovery for Lands , Tenements , and Hereditaments , in such ca●es used and accustomed , had , and executed of the said Mannor , &c. in his Majesties Court of Common Pleas usually held at Westminster , by and in the name of the said E. F. dema●dant against the : said C. D. Tenent of the said Mannor , &c. with the appurtenantes , who shall vouch to warranty the said A. B. who being vouched , shall appear grati● ; and vouch to warranty the common Vouchee , who shall appear gratis ; and shall enter into the warranty , and afterwards make default , to the end that a perfect common Recovery , shall and may be of the said Mannor , Messuages , and Lands ; with the Appurtenances had and prosecuted in all things , according to the usual order and form of common Recoveries , for assurance of Lands , Tenements , and Hereditaments , in such cases used and accustomed .

15. This Indenture , &c. Between A. B. of To suffer a Recovery of Lands , in sev●ral Co●nties b● several Writs : with double Voucher . the first part , C. D. of the second part , and E. F. of the third part : Witnesseth , That it is covenanted , granted , and concluded by , and between the said Parties , to these presents , in manner and form following : That is to say , that the said C. D. † † Note he is made Tenent to the Precipe by a former Deed. shall before the Feast of &c. now next ensuing , the Date hereof suffer the said E. F. to pursue three of the Kings Majesties Writs of entry , sur disseisin en le post , against the said C. D. before his Majesties Justices of the Common Pleas at Westminster : By one of which said Writs of entry , the said E. F. shall demand against the said C. D. all that Mannor , &c. in the County of M. And by one other of the said Writs , the said E. F. shall demand against the said C. D. one Messuage or Tenement , with the Appurtenances , lying and being in C. in the County of S. and by the third Writ of entry , the said E. F. shall demand against the said C. D. All that Capital Messuage , &c. scituate lying and being in B. in the County of H. By which three several Writs the said Mannor , and several Messuages , and Lands aforesaid , in them respectively to be contained , shall be demanded as aforesaid , by such name and names , quantities , qualities , and numbers of Acres , as by the said E. F. or his Council Learned in the Law shall be thought fit . Unto which said several Writs , the said C. D. shall appear gratis , and after such appearance and defence by him made , thereto shall vouch to warranty the said A. B. who shall likewise appear gratis and vouch over to warranty the common Vouchee , who shall likewise appear gratis , and enter into the warranty and after imparle and make default ; whereupon the said E F. shall have Judgment to Recover the said several Mannor , Messuages , Lands , and Tenements before mentioned ; against the said C. D. and that the said C. D. shall recover over in value against the said A. B. and that the said A. B. shall have Judgment to recover over in value against the common Vouchee : And it is likewise An other Writ for London , by Writ of Right Patent . concluded , and fully agreed by , and between the said Parties to these presents ; that the said C. D. shall likewise suffer the said E. F. to pursue the Kings Majesties Writ of Right Patent , against the said C. D. to be returnable and returned before the Major and Sheriffs of the City of London , in the Court of the Hustings of the said City , by which Writ of Right the said E. F. shall demand against the said C. D : All those several Messuages , lying , and being in &c. within the said City , by the name of three Messuages , and two Gardens , with the Appurtenances of them and every of them in the Parish of St. H. within the said City . And that at the day of the return of the said Writ the said C. D. shall appear thereunto , and after defence made shall vouch to warrant the said A. B. who shall likewise appear and enter into the warranty , and shall vouch to waranty the common Vouchee , who shall likewise appear imparse and make default , and depart in despight ; whereby the said E. F. shall have Judgment , according to the Laws and Customs of the said City , to recover the said three Messuages , and two Gardens , against the said C. D. and for the said C. D. t● recover in value against the said A. B. and for the said A. B. to recover in value against the said common Vouchee .

16. This Indenture , &c. Between A. B. of To suffer a Recovery with single Voucher . the one part , and C. D. of the other part : Witnesseth , That it is covenanted , granted , concluded , and agreed by , and between the said Parties to these presents ; that the said C. D. shall before the Feast of &c. purchase and sue forth against him the said A. B. at the proper cost and charges of the said C. D. one original Writ of entry , sur disseisin en le post , returnable before his Majesties Justices of the Court of Common Pleas at Westminster ; and shall thereby demand against the said A. B. all that the Messuage , Lands , &c. by such name or names , quantities and numbers of Acres , as the said C. D. or his Council shall advise or require : Unto which said Writ to be purchased , the said A. B. shall appear gratis , and shall vouch to warranty the common Vouchee , who shall likewise appear gratis , and enter into the warranty and Imparle and make default , that thereupon Judgment may be given that the said C. D. shall recover the said Messuage , Lands , and Premisses , with the Appurtenances against the said A. B. and that the said A. B. shall recover in value against the common Vouchee , so that a perfect Recovery may be thereupon had : And that the said Parties to these presents , and the said common Vouchee , shall at the cost and charges in the Law of the said C. D. make , do , suffer and execute , all and every matter and thing , matters and things whatsoever , meet necessary and expedient for the prosecution of the said Recovery , according to the Course of Common Recoveries with single Voucher , &c.

17. This Indenture , &c. Between A. B. on An other with single Voucher more brief . the one part , and C. D. of the other part : Witnesseth , that it is covenanted , concluded , and agreed by , and between the said Parties : o these presents , for them and their Heirs ; that before the end of the Term of the Holy Trinity , next ensuing the Date hereof ; there shall be at the only cost and charges of the said C. D. one Recovery with single Voucher , in the nature of common Recoveries for Lands , Tenements , and Hereditaments , in such Cases used and accustomed , had and executed in his Majesties Court of Common Pleas usually holden at Westminster , of all that Mannor , &c. against the said A. B. Tenent of the said Mannor , and Premises , with the Appurtenances , who therein shall vouch to warranty the common Vouchee , who thereupon shall appear gratis , and enter into the warranty , and afterwards make default , to the end that one perfect Recovery shall and may be of the said Mannor , Messuages , and Lands , with the Appurtenances had and prosecuted in all things , according to the usual order and form of common Recoveries for assurance of Lands , Tenements and Hereditaments , in such Cases used and accustomed , &c.

14. This Indenture , &c. Between A. B. and An other with single Voucher , by a man and his Wife . E. his wife of the one part , and C. D. of the other part : Witnesseth , that the said A. B. for divers good causes and considerations him hereunto moving , doth for him , his Heirs , Executors , and Administrators , covenant and grant , to and with the said C. D. his Heirs and assigns by these presents ; That he the said A. B. and E. his wife , shall and will permit and suffer the said C. D. to prosecute one Writ of entry , sur disseisin en le post , against them the said A. B. and E. his wife , of and for all that Mannor , &c. with their and every of their Appurtenances , by such name or names , quantities , and numbers of cr●s , and in such sort , manner , and form , as by the said C. D. or his Council learned in the Law , shall be reasonably devised , advised , or required : The which said Writ of entry so as aforesaid , or in any other manner to be brought shall be returnable in such Court or Courts , and before such Judges or Justices , as the said C. D. or his Council learned in the Law , shall advise or direct bef●re the end of Michaelmas Term now next coming , after the Date of these presents : And the said A. ● . and E. his wife shal thereunto appear gratis , and vouch over to warranty the common Vouchee , who shall also appear gratis , and after imparlance had shall make default , and depart in contempt of the Court , whereby one common Recovery shall or may be had , or suffered against them the said A. B. and E. his wife , of and for the said Mannor , according to the usual course of common Recoveries , for assurance of Lands , and Tenements in such Cases used a●d accustomed , &c.

19. This Indenture , &c. Between A. B. and An other by Tenents for life , & he in revertion in London . E. his wife , and C. D. on the one part , and E. F. on the other part : Whereas the said A. B. and E. his wife , in right of the said E. do now hold and are lawfully 〈◊〉 , to hold and enjoy for a●d during the natural life of the said E one Messuage , &c. The Revertion of which said Messuage with the Appurtenances ▪ from and after the decease of the said E. doth lawfully belong unto the said C. D. and the Hei●s of his Body . Now Witnesseth these presents , That it is covenanted , granted , concluded , and agreed by , and between the said Parties , for themselves and their Heirs , that the said A. B. and E. his wife , and the said C. D. shall before the Feast of &c. now next coming , permit and suffer the said E. F. in and by a Writ of Right Patent according to the Custom of the said City of London , in due form of Law , with single or double Voucher or Vouchers to Recover against them the said A. B. and E. his wife , and the said C. D. the said Messuage , or ▪ Tenement , a●d all other the Premisses , with the Appurtenances , in such manner and form as by the Council learned in the Law of the said E. F. shall be reasonably devised , or advised , &c.

20. This Indenture made , &c. Between A. Another in London with double Voucher . B. of London Gentleman , on the first part ; and C. D. and E. F. Citizens and Grocers of London , on the second part ; and G. H. and I. K. of &c. on the third part : Witnesseth , That it is covenanted , granted , concluded , and agreed by , and between all the said Parties to these presents : And the said A. B. for himself , his Heirs , Executors , and Administrators , doth covenant and grant , to and with the said G. H. and I. K. and either of them their , and either of their Heirs , Executors , and Administrators , by these presents ; That he the said A. B. shall and will within one month next ensuing , the Date of these presents ; make and execute , or cause to be made and executed , unto the said C. D. and E. F. a good perfect , and absolute Estate , in the Law in Feesimple , of and in all those Messuages , &c. lying and being in the Parish of &c. London , and also of , and in the Revertion and Revertions of all , and singular the Premises ; to the end , intent , and purpose , that the said C. D. and E. F. and their Heirs , may stand , and be seised of the said Premisses , and become perfect Tenents of the Freehold thereof ; so that within two months next , after the making and execution of the said Estate , to them the said C. D. and E. F. as aforesaid ; the said G. H. and I. K. or the Survivor of them , shall and may bring , and pursue the Kings Majesties Writ of Right Patent , out of his Highness Court of Chancery , against the said C. D. and E. F. or the Survivor of them , to be directed to the Major and Sheriffs of the City of London : By which Writ of Right Patent , the said G. H. and I. K. or the Survivor of them in the Guild Hall of the said City , before the said Major and Sheriffs in the Court of Hustings , according to the custom of the said City , shall demand against the said C. D. and E. F. or the Survivor of them : The said Messuages , or Tenements , and all and singular other the Premises , with the Appurtenances , by such names or quantities , as shall be reasonably devised , or advised , by the Council of the said G. H. and I. K. or the Survivor of them : Unto which said Writ the said C. D. and E. F. ot the Survivor of them , shall appear gratis , and after declaration and defence made thereupon , shall vouch to warranty the said A. B who shall appear gratis , and enter into the warranties , and vouch over to warranty the common Vouchee , who shall appear gratis , and imparle , and after make default in contempt of the Court , whereby Judgment shall be given in the said Writ , for the said G. H. and I. K against the said C. D. and E. F. and for the said C D. and E. F. to recover in value against the said A. B. and for the said A. B. to recover over in value against the said common Vouchee , and Execution thereof shall be had and sued in such sort , that a perfect Recovery with double Vouchers , shall be had and duly executed of all and singular the Pr●mises , &c.

21. This Indenture , &c. Between A. B. of To suffer a Recovery of Lands in Antient demeasne with double Vouchers , the Tenent to the precipe being made by Fine . the first part , C. D. of the second part , [ vide sect. 6. of this Chapter and make such recital as is there , and add the Covenant there to levy a Fine from A. B. to C. D. and then add as followeth . ] Which said Fine , so or in any other manner to be levied and acknowledged of the Premises , between the said Parties , shall be , and shall be construed , and taken to be , to and for the use of the said C. D. and his Heirs , to the only intent and purpose , that the said C. D. may stand and be full and perfect Tenent of the said Messuages . Lands , and Premises , and every part thereof : Whereof the said Fine is agreed to be levied as aforesaid , until a perfect common Recovery , shall and may be lawfully had , and executed of the Messuages , Lands , and Premises , against the said C. D. and his Heirs , according to ●he true intent and meaning of these presents , and of the Parties thereunto : And it is covenanted , granted , concluded , and agreed by , and between all the Parties to these presents : That he the said E. F. at his own proper cost and charge , shall and will before the Feast of &c. now next ensuing the Date hereof purchase or cause to be purchased , one or more Writ or Writs of Right Close , directed to the Judges , Bailiffs , or others , that have Power to hold Plea in suits Real arising within the said Liberty , and shall prosecute the said Writ or Writs , in the nature of his Majesties Writ or Writs of entry , sur disseisin en le post , at the common Law , after the manner and course of common Recoveries there used and accustomed , against the said C. D. and shall thereby demand against the said C. D. the said Messuages , Lands , Hereditaments , and Premises , with the Appurtenances , by such names , and quantities of Acres , as in the said Fine shall be expressed , or by any other name , or names , and quantities of Acres , as shall be thought fit , scituate and being within the said Liberty of H. at B. Unto which Writ or Writs the said C. D. shall appear , and shall vouch to warranty the said A. B. And the said A. B. shall also appear upon the said Voucher in the said Court , and shall vouch to warranty the common Vouchee ; who shall appear and imparle , and afterwards make default , whereby a perfect Judgment may be had and given for the said demandant in the said Writ , against the said C. D. for the Recovery of the said Messuages , Lands , and Premises ; and that he the said C. D. shall recover over in value against the said A. B. and that the said A. B. shall recover over in value against the said common Vouchee , after and according to the course of common Recoveries in such cases used in the Court of the said Liberty of H. at B. — Or thus : Unto which Writ or Writs , the said C. D. shall appear , in his proper Person , or by his Attorney or Attornies lawfully and sufficiently authorized , and shall vouch to warranty the said A. B. and that the said A. B. shall appear upon the said Voucher in the said Court , in his proper Person , or by his Attorney or Attornies lawfully authorised in that behalf , and shall vouch to warranty the common Vouchee , who shall appear and imparle , and afterwards make default , &c. ut supra .

22. This Indenture made , &c. Between A. B. on the one part , and C. D. on the other part : To suffer●d Recovery in a Court Baron . Witnesseth , That it is covenanted , granted , concluded , and agreed by , and between the said Parties to these presents : That the said A. B. before the &c. next ensuing ; the Date hereof shall permit , and suffer the said C. D. to affirm and pursue against the said A. B. in the Court Baron of the Mannor of L. in the County of M. one plaint , in the nature of a Writ of entry , sur disseisin en le post , of all and singular that his Messuage , and twenty Acres of Meadow with the Appurtenances adjoyning thereunto , abbutting &c. scituate lying , and being within the said Mannor of L. which said Messuage the said A. B. late had , in Remainder of the said surrender of C. B. his Father , by the name of &c. [ prout en le Copie ] as by the Cour● Roll of the General Court of the said Mannor , holden at H. on the twenty seventh Day of &c. last past before the Date hereof , amongst other things more fully , it doth and may appear : And that the said Plaint shall be affirmed , entred , and pursued of all and every the Premises with the Appurtenances in H. within the Jurisdiction of the Court of the said Mannor of H. To and upon which Plaint to be affirmed , and entred as aforesaid ; he the said A. B. shall appear in his own proper Person , or by his Attorney lawfully authorised in that behalf , and shall make his defence thereunto according to Law , and vouch to warranty of and for the Premises one I. M. who shall appear and en●er into the warranty , and after make default ; according to the manner and form of common Recoveries in Writs of entry , sur disscisin en le post , whereby the said C. D. shall have Judgment to Recover the said Messuage and twenty Acres of Meadow and other the Premises against the said A. B. and the said A. B. to recover ov●r in value against the said I. M. according to the manner and form of common Recoveries , for Lands and Tenements : Which said Recovery , the said A. B. shall suffer to be executed by precept , or warrant out of the said Court in the nature of a Writ of haber● facseifinam , according to the order or manner of the common Law : And it is further covenanted , granted , concluded , and agreed by , and between the said Parties ; that the said Recovery and the Estate of the Premises , to be had , obtained , and recovered thereby , or by reason thereof , shall be to the ●se of the said C. D. his Heirs and Assigns for ever ; according to the custom of the said Mannor , and to no other use , intent , or purpose whatsoever . In Witness , &c.

23. This Indenture , &c. Between A. B. of Covenant to make assurance of Lands . the one part , and C. D. of the other part : Witnesseth , That the said A. B. for and in consideration of , &c. doth for him his Heirs , Executors , and Administrators covenant , and grant , to and with the said C. D. his Heirs and Assigns , by these presents : That he the said A. B. his Heirs or Assigns , shall and will on this side , and before the Feast of &c. next ensuing the Date of these presents , at and upon the reasonable request , and cost and charges in the Law of the said C. D. his Heirs or Assigns by Fine or Fines , with Proclamations in due form of Law to be levied , Feeoffment or Feeoffmerts , Recovery or Recoveries , with single or double Voucher or Vouchers ; or by any such good and sufficient means , conveyance , or assurance in the Law , as by the said C. D. his Heirs or Assigns , or his or their Council learnad in the Law , shall be in that behalf lawfully and reasonably devised or advised , convey and assure , or cause to be conveyed and assured unto the said C. D. his Heirs and Assigns : All that Messuage , &c. and the Reversion and Reversions , Remainder and Remainders thereof , and of every part and parcel thereof , with the Appurtenances ; as also all and singuler Deeds , Evidences , Escripts , Munimens , and Writings whatsoever , touching or concening the said Messuage , &c. and Premises , with the Appurtenances , or any part or parcel thereof : To have and to hold the said Messuage &c. and other the Premises , with the Appurtenances , unto the said C. D. his Heirs and Assigns for ever : And that the said Fine and Fines , Recovery and Recoveries , and the execution thereof , as likewise all conveyances and assurances whatsoever , to be had and made according to the tenor effect and true meaning of these presents , shall be and enure , and shall be construed , reputed , and taken to be , and enure to the only use and behoof of the said C. D. his Heirs and Assigns , and to no other use , intent or purpose whatsoever : ( With usual covenants from A. B. that he is lawfully seised of an Estate of Inheritance , hath power to sell , that C. D. shall enjoy , free from Incumbrances , and for further assurances : ) In Witness , &c.

24. And the said A. B. for himself his Heirs , Covenant that Tenents shall Attorn. Executors , and Admi●istrators , doth covenant and grant , to and with the said C. D. his Heirs and Assigns by these presents : That all and every the now holders , and occupiers of the Premises above said , shall and will before the Feast of &c. now next coming , atturn and become Tenants , unto the said C. D. his Heirs or Assigns of , and for their several and respective Tenements , whereof or wherein , they or any of them , have or hath any particular Estate or Estates in being , and which are parcel of the Premises before mentioned , to be granted ,

25. And the said A. B. for himself , his Heirs , Covenant to produce Writings , &c. for defence of the Title of the thing sold . Executors , and Administrators ; doth covenant , grant , and agree to , and with the said C. D. his Heirs and Assigns by these presents : That if the said C. D. his Heirs or Assigns , shall at any Time or Times hereafter , have need or occasion to plead , shew forth , or give in evidence , any Letters Patents , Deed● , Evidences , or Writings , [ whereof the said A. B. hath covenanted to deliver Copies as aforesaid , and which are not hereby bargained or sold , ] of him the said A. B. touching or concer●ing the Premisses , or any part thereof ; for the maintenance or defence of the Title of the said C. D. of , in , and to the Premisses or any part thereof , or for any other just or reasonable occasion , in any wise touching or concerning the Premises or any part thereof : That then and so often the said A. B. his Heirs and Assigns upon request in that behalf to be made by the said C. D. his Heirs and Assigns , and at the cost and charges of the said C. D. his Heirs and Assigns , shall and will produce and shew forth , or cause to be produced and shewed forth , all and singular the said Letters , Patents , Deeds , Evidences , and Writings , or so many of them as shall be thought needful by the said C. D. his Heirs or Assigns , in any Court or Courts of Record , or elsewhere ; for the maintenance or defence of the Title of the said C. D. of , in , ●r to the said bargained Premisses , or any part or parcel thereof , of for any just or reasonable cause as aforesaid , and shall and will permit and suffer the same there to remain , so long as the said C. D. his Heirs or Assigns shall have occasion for the necessary use thereof .

26. And it is covenan●ed , granted , concluded , Covenant to pay back purchase money upon Eviction of the thing and fully agreed by , and between all the said Parties to these presents : And the said A. B for him , his Heirs , Executors , and Administrators , and for every of them doth covenant , grant , and agree , to and with said C. D. his Heirs and Assigns by these presents : That if it shall happen at any Time or Times hereafter , [ within the space of Ten years to be computed from the Day of the Date hereof , ] the said Messuage , or Tenement , and other the Premises herein before mentioned to be bargained and sold , or any part or parcel thereof , upon any prior or former Title , to be by any person or persons whatsoever recovered , or otherwise lawfully evicted from the said C. D. his Heirs or Assigns by due Course of Law , or that any decree in or upon any Bill of Complaint in Court of Equity , shall pass or be made , or that any Judgment , in any suit or Action real or personal , shall be given against him the said C. D. his Heirs or Assigns , whereby his and their Title , of , in and unto the said Premises , or any part or parcel thereof , may be in any wise avoided , adnulled , or defeated : That then , and in such Case , he the said A. B. his Executors or Administrators , next after such Recovery , Eviction , Decree , or Judgment , so to be had , given , or passed as aforesaid , shall within six Months notice thereof to be given , and reasonable request in that behalf to be made , unto him the said A. B. his Executors , or Administrators , pay or cause to be paid unto the said C D. his Heirs or Assigns , so much lawful money of England , as the said Premises or any part thereof , so happening to be Evicted , or Recovered , or whereunto the Title of the said C. D. his Heirs or Assigns , so shall be in any wise avoided , annulled , or defeated , as aforesaid , shall amount unto after the Rate of 18 Years purchase for the yearly value thereof , according to the Rate , that the same was valued at , upon the purchase To pay back part of the purchase money which was paid in case the Purchaser dislike after two Years . thereof , by him the said C. D. as aforesaid .

27. And the said A. B. for himself his Heirs , Executors , and Administrators , doth covenant , and grant , to and with the said C. D. his Heirs and Assigns by these presents : That if the said C. D shall at any Time , within the space of two Years next ensuing the Date hereof , dislike of the purchase of the said Messuage , Lands , and Premises , and thereof within the Time aforesaid , shall give notice in Writing unto the said A. B. his Heirs , Executors , or Administrators : That then he the said A. B. his Heirs , Executors , or Administrators , and shall will within three Montths after such notice given , and after a Reconveyance made thereof , by the said C. D. his Heirs or Assigns , unto the said A. B. his Heirs or Assigns , free from all Estates Charges , and Incumbrances whatsoever , had made or suffered by the said C. D. his Heirs or Assigns , at the cost and charges of the said A. B. his Heirs or Assigns , in such manner and form , as the said A. B. his Heirs or Assigns , or his or their Counsel shall reasonably advise well , and truly pay , or cause to be paid unto the said C. D. his Heirs or Assigns for their purchase of the Premises , the Sum of &c , of lawful Money of England ; at the now dwelling House of the said C. D. scituate in G. aforesaid . Provided alwaies that if the said C. D. his Heirs or To pay a further sum , if the Purchaser like the Premises Assigns , shall not within the space of two Years signifie as aforesaid , his dislike of the said purchase : That then he the said C. D. his Heirs o● Assigns , shall and will pay or cause to be paid , unto the said A. B. his Heirs or Assigns , the further sum of &c. of lawful Money of England , ( over and above thr moneys by him already paid ) for the clear and absolute purchase of the said Messuage , Lands , and Premises , within one Month after the end or determination of the said two Years .

28. To all &c : Know ye that the said A. Covenant not to claim dower : with a Release . B. for and in consideration of the Sum of 500 l. of lawful Money of England , to her in hand paid before the sealing and delivery hereof , by C. D. of &c. who lately purchased of E. B. since deceased late Husband of the said A. B. A Messuage , and Lands , lying and being &c. whereof he the said E. B. was seized of some Estate of Inheritance , during the Coverture between him the said E. B. and the said A. B. The Receipt whereof the said A. B. doth hereby acknowledg : Hath covenanted , granted , concluded , and agreed , and doth by these presents ; covenant , grant , conclude , and agree , to and with the said C. D. his Heirs and Assigns , that the said A. B. or her Assigns , shall not at any time hereafter , sue for challenge or demand , by Writ of Dower , or otherwise , any Dower or Title of Dower , out of the said Messuage , and Lands , or any part thereof : But that the said C. D. shall and may lawfully and quietly enjoy the said Messuage , and Premisses , without the let or interruption of the said A. B. or any Person or Persons whatsoever , lawfully claiming by , from , or under the said A. B. And the said A. B. for the consideration aforesaid : Hath remised , released , and for ever quite claimed , and by these presents doth remise , release , and for ever quite claim unto the said C. D. his Heirs or Assigns , all and all manner of Dower , and Right , and Title of Dower whatsoever , which she the said A. B. now hath , may , might , should , or of right ought to have of in and to the said Messuage , and Lands , and of in or to any part or parcel thereof ; So that neither she the said A. B. nor any other for her , or in her name any manner of Dower , or Writ , or Action of Dower , or any manner of Right , or Title of Dower , of or in the said Messuage , or Lands , or any part or parcel thereof at any time hereafter , shall , or may , have , or claim , or prosecute against the said C. D. his Heirs or Assigns or any of them , but of , and from the same shall be utterly barred and for ever excluded , by these presents : In Witness , &c.

29. And the said A. B. and C. D. severally , The form of covenanting , joyntly and everally . and not joyntly , nor one of them for the other ; and for their several , and respective Heirs , Executors , and Administrators , and for every of them respectively , do covenant &c. — Or thus , And the said A. B. and C. D. for themselves severally and respectively ; that is to say , each of them for himself , and for his several Heirs , Executors , and Administrators , and for so much as concerneth , or may concern his own Act or Acts only , and not one of them for the other , nor for the Act or Acts of the other ; or of the Heirs , Executors , or Administrators of the other doth severally , and not joyntly covenant , &c. — Or thus : And the said A. B. and C. D. severally and respectively each one for himself only , and for his respective Heirs , Executors , Administrators , and Assigns , and not joyntly , nor one of them for the other ; nor for the Act or Acts , Deed , or Deeds , Matter or Thing of the other ; doth covenant , &c. Or thus : And the said A. B. C. D. and E. F. for themselves severally and not joyntly , nor one of them for the other , and for their , and every of their several and respective Heirs , Executors , and Administrators doth covenant , &c.

30. An● the said A. B for himself , his Heirs , Executors , and Administrators ; and for the said Another per Baron & feme . E. B. his Wife doth covenant , &c. Or let him covenant singly , that he and his wife , or that his wife only shall do such an Act. And if two men and their wives covenant severally ; then it may be thus : And the said A. B. himself , and for the said E. B. his wife , and the said C. D. for himself , and for the said E. D. his wife , do respectively and severally , and for their several and respective Heirs , Executors , and Administrators , and not one of them for the other , nor for the wife of the other ; nor for the Heirs , Executors , or Administrators of the other , do covenant , grant , &c. Or thus : And the said A. B. and C. D. for themselves , and for their said wives respectively , their Heirs , Executors , and Administrators do severally and respectively covenant , &c. to , and with the said E. B. and G. his wife , and every of them , their , and every of their Heirs , Executors , and Administrators by these presents , &c.

CHAP. IV. Containing the Forms of Provisoes , to avoid Estates in Fee .

1. PRov●ded nevertheless and upon condition , That Proviso to make void an ●state upon non payment part of purchase Money . it the said C. D. [ the Purchaser ] his Heirs , Executors , or Administrators , shall not , and do not well and truly satisfie and pay , or cause to be well and truly satisfied , and payed unto the said A. B. his Executors , Administrators , or Assigns , or some , or one of them , the said Sum of 387 l. of good and lawful Money of England , being the remainder and residue of the said Sum of 2187 l. before specified , at , or in the Church Porch of the said Parish of &c. upon the several Dayes of payment hereafter mentioned , and in manner and form following ; ( viz. ) The Sum of 200 l. of good and lawful Money of England in , or upon the Tenth Day of December next ensuing , the Day of the Date of these presents ; and the Sum of 100 l. of like Moneys in , or upon the Tenth Day of June , which shall be in the Year of our Lord God , &c. and the further Sum of 87 l. in , or upon the , &c. next ensuing , being the residue of the said Sum of 387 l. That then , and from thenceforth this present Deed of Bargain and Sale , and every Matter and Thing therein contained , shall be void , and of n●ne effect : And that then , and from thenceforth it shall , and may be lawful to , and for the said A. B. his Heirs or Assigns into the said Premises , with the Appurtenances wholly to reenter , and the same to have repossesse and enjoy , as in his or their former Estate ; any thing in these presents contained to the contrary thereof , in any wise notwithstanding .

2. Provided always , and upon condition ; That Proviso to make void an estate upon discharge of a Suerty . if the said A. B. his Executors , or Administrators shall , and do well and truly content , satisfie and pay , or cause to be contented , satisfied , and payed , all , and every such Sum and Sums of Money , which the said C. D. as suerty , and together with , and for the said A. B. is , and standeth bounden to pay unto any Person or Persons whatsoever , either by Obligation , Bills , Specialty , Promise , or otherwise howsoever , according to the purpose and true meaning of such Specialties or Engagements : And shall , and do at all times hereafter , well , and sufficiently discharge , and save , and keep harmless , and indempnified the said C. D. his Executors , and Administrators , and his and their Bodies , Goods , Chattels , Lands and Tenements , and every of them , of , and from the said Suertiship ; that then , and from thenceforth this present Deed , and every matter and thing therein contained , shall be void , and of none effect ; And that then , and from thenceforth it shall , and may be lawful to , and for the said A. B. his Heirs , o● Assigns into the said Premises , with the Appurtenances wholly to reenter , and the same to have again reposs●sse a●d enjoy , as in his or their former Estate : Any thing herein before contained to the contrary thereof in any wise notwithstanding .

3. This Inden●ure , &c. Between A. B. of the one An other to secure from suertiship . part , and C. D. of the other part : Whereas the said C. D. at the request , and for the only and proper Debt of the said A. B. is , and standeth bound together with , and for the said A. B. in , and by several Bonds and other Writings obligatory in a Schedule hereunto annexed ; particularly mentioned for several Sums of Money to several Persons in the said Schedule likewise mentioned . Now witnesseth these pres●nts ; That the said A. B. for the better security of , and saving harmless , and indempnified the said C. D. his Heirs , Executors , and Administrators , and his , and their Lands , Goods , and Chattels of , and from the said several Engagements ; and for their good Causes and Consideration● , hath &c. [ let there be a Feoffment , Bargaine and Sale , &c. ] Provided always , and upon condition ; That if the Proviso said A. B. his Heirs , Executors , or Administrators shall , and do well , and truly satisfie and pay , or cause to be well and ttuly satisfied and payed , all , and every the said Sum and Sums of Money ; for the payment whereof , he the said C. D. is , and standeth bounden with , and for the said A. B. as aforesaid , in the said Schedule mentioned , according to the several eff●cts and purports of the said Writings obligatory ; and deliver , or cause to be delivered up unto the said C. D. hi● Executors , or Administrators all , and every the seve●al Bonds and Writings obligatory to be cancelled , or else sufficient Releases and Discharges touching or concerning the same ; and that within one Month after the several , and respective Sums of Money therein mentioned , shall severally ▪ and respectively , become due and payable : That then , and from thenceforth , &c. as in the former precedent . Sect. 2.

4. Provided always ; and it is the true intent Proviso to make void a Rent charge granted in Fee upon payment of money . and meaning of the said parties to these presents ; That in case the said A. B. his Hei●s , or Assigns , or any of them shall be minded or determined to purchase out , redeem , or discharge his said Lands and Tenements of , and from the said Rent charge ; and shall by the space of six Months before any Feast of St. Michael the Archangel , give knowledg and notice of such his mind and determination unto the Person or Persons of the said C. D. his Heirs , or Assigns , or any of them ; or shall by the said space , openly leave to , or for the said C. D. his Heirs or Assigns , at the now dwelling House of the said C. D. any Writing or Note , signifying such his determination and purpose : And also shall , and do at the Feast of the Annunciation next following , after such Notice given , or left as aforesaid ; pay , or cause to be paid unto the said C. D. his Heirs , or Assigns , the full Sum of &c. of lawful Moneys of England ; together with all the Arerages of the said Annuity or Rent-charge , ( if any shall be ) that shall be behind , or unpaid , on the said Feast of Annunciation , at one entire payment ; that then , and immediately from , and after the payment of the said Sum of &c. and Arrerages aforesaid ( if any shall be ) the said Annuity , or Annual Rent-charge of &c. by the year , and these presents ; and every Covenant , Article , and thi●g therein contained , shall cease , determine , and be utterly void : Any thing in these presents contained to the contrary thereof in any wise notwithstanding .

5. Provided always ; And it is covenanted , concluded , a part upon money paid Another to abate in . and agreed by , and between the said Parties to these presents : That if the said A. B. his Heirs , Executors , Administrators , or Assigns , upon six Months warning thereof in writing , under his , or their hands ( before hand to be given ) by the said ▪ A. B. his Heirs , Executors , Administrators , or Assigns , unto the said C. D his Heirs , Executors , Administrators , or Assigns , shall , and will at , or upon any first Day of May , or Feast of All Satnts , at , or in the place aforesaid ; pay , or cause to be payed unto the said C. D. his Heirs , Executors , Administrators , or Assigns , the Sum of 100 l. of lawful Moneys of England , over and besides the said Rent-charge , or Annual Sum of &c. and the Arrears thereof , ( if any then shall be ) That then , and from thenceforth , from , and after the said payment or payments , so made as aforesaid , of every of the said Sum or Sums of 100 l. with Arrears of the said Rent ( if any shall be ) to be Endorsed upon both parts of these I●dentures , and subscribed by the said C. D. his Heirs , Executors , or Administrators , for every Hundred Pounds that shall be paid as aforesaid ( over , and besides the said Arrears if any shall be ) the full and entire Sum of 100 l ▪ of the said 500 l. yearly Rent ●r Annunity , hereby granted as aforesaid , shall cease and be determined : Any thing herein before contained to the contrary hereof in any wise notwithstanding .

CHAP. V. vid. chap. 7 the forms of limitations of uses . Containing the Several Ways , and Forms of Introducing Uses , upon Fines , Recoveries , and other Conveyances .

1. TH●s Indenture , &c. Between A. B. and Upon a Fine to be levied . E. his wife on the one part ; and C. D. and E. F. on the other part . Witnesseth ; That for the Conveying , Assuring , and sure making of all , and singuler , the Messuages , Lands , Tenements , and Hereditaments hereafter in these presents mentioned , to the uses , in●ents , and purposes hereafter , in , and by these presents expressed , limitted , and declared : It is agreed and concluded by , and between the said parties to these presents . And the said A. B. for himself , his Heirs , Execut●rs , and Administrators , doth covenant , grant , and ●gree to , and with the said C. D. and E. F. their Heirs , Executors , and Administrators , and every of them by these presents ; That he the said A. B. and E. his wife , shall , and will at the proper costs and charges of the said A. B. before the Feast of &c. next ensuing , the Date hereof , in due forme of Law , acknowledg , and levy before the Justices of his Majesties Court of Common Pleas at Westminster ; one Fine Sur cognizance de droit come ceo , &c. with Proclamations unto the said C. D. and E. F. of all the Messuage or Tenement , &c. [ and here set down particularly the Messuages and Lands to pass ] by certain Name or Names , and quantities of Acres in the said Fine to be contained : And that the said Fine so to be had and levied as aforesaid ; Several forms to begin the limitation of uses . or in what manner or forme soever the same shall be had , shall be , and inure ; and the said C. D. and E. F. shall by force thereof , stand , and be seized of the said Messuage and Lands and all other the Premises , with the Appurtenances to the uses , inte●ts , and purposes ; and upon the Conditions and Limitations hereafter in these presents limitted , expressed , and declared ; and to no other u●e , intent , or purpose whatsoever : That is to say , &c.

2. And it is covenanted , concluded , and fully agreed Or thus , by , and between all the said Parties to these presents : And they , and every of them , do hereby ex●ress , signifie , and declare ; That the said Fine so to be levied as aforesaid , and all , and every other Fi●e and Fines hereafter to be had and levied of the Premises , or any part thereof between the said Parties or any of them , before the said Feast of &c. shall be , and inure ; and the said C. D. and E. F. and their and one of their Heits immediately , from and after the said Fine , as also any other Fine thereof to be levied as aforesaid , shall stand and be seized of the Premises , to the only uses , intents , and purposes hereafter mentioned : viz. as to the said Messuage , or Tenement , and Lands , with the Appurtenances , now in the occupation of &c. To the use and behoof of &c. And as to the said Messuage , or Tenement , and Lands , now in the occpation of &c. To the use and behoof of &c.

3. And it is covenanted , granted , concluded , Or thus , and agreed by , and between all the said Parties to these presents ; for themselves their Heirs and Assigns : That the said Fine to be acknowledged and levied as aforesaid ; of the Messuages , Lands , Tenements , and Hereditaments aforesaid , and the execution thereof ; and the Estate , Right , Title , Interest , and Possession of them the said C. D. and E. F. and of the Heirs of such of them , to whom the inheritance of or in the Premises , shall be limitted in , and by the said intended Fine , shall be , and shall for ever be adjudged , deemed , and taken to be : And the said C. D. and E. F. and the Heirs of such of them , to whom the inheritance of the Premises shall be limitted , in or by the said intended Fine , and the surviver of them , shall stand and be seized of , and in all and singular the said Messuages , Lands , Tenements , and Hereditaments , and of every part and parcel thereof , with the Appurtenances , to the uses , intents , and purposes , and under and upon the Provises , limittations , conditions , and agreements hereafter , in these presents mentioned and contained : That is to say , of , for , and concerning , all that Messuage , and Lands , &c. with the Appurtenances in M. aforesaid , in the tenure or occupation of &c. being parcel of the said Premises , whereof the said Fine before by these presents , is covenanted to be levied as aforesaid , by the said A. B. and of the Revertion and Revertions , Remainder and Remainders of the same : To the use and behoof of &c. And of , for , and concerning all , and every the said other Messuages , Lands , &c. with their and every of their Appurtenances , whereof the said Fine is covenanted to be levied as aforesaid , and the Revertion and Revertions , Remainder and Remainders thereof , to the use and behoof of &c.

4. This Indenture , &c. Between A. B. and E. his wife of the one part , and C. D. and E. F. Upon a Fine already levied . of the other part : Whereas the said A. B. and E. his wife , have in the Term of St. Hillary last past , before th● Date of these presents , levied one Fine in due form of Law unto the said C. D. and E. F. of all that Mannor &c. The which Fine was levied by such names number of Acres and other Particulers , as are in the said Fine contained , as by the said Fine , reference being theteunto had , more fully it doth and may appear . Now Witnesseth these presents , and it is hereby declared by , and between all the Parties hereunto : That the true intent , and meaning of the levying of the said Fine , at the time of the levying thereof was , and is to be taken to be , to the uses , intents , and purposes hereafter following : That is to say , to the use of &c.

5. This Indenture , &c. Between A. B. of Upon a Recovery to be had with double Vouch●r . the first part , C. D. and E. F. of the second part , and G. H. and I. K. of the third part : Whereas the said A. B. by one Indenture of bargain and sale , Dated the first day of this instant January , and inrolled in his Majesties High Court of Chancery , the twentieth Day of the same Month , ( made between the said A. B. on the one part , and the said C. D. and E. F. on the other part : ) Hath granted , bargained , and sold , to the said C. D. and E. F. and their Heirs ; all that Mannor , &c. and the Revertion and Revertions , Remainder and Remainders thereof , and of every part and parcel thereof : To have and to hold the said Mannor , &c. and all and every the said Premisses , with the Appurtenances , unto the said C. D. and E. F. their Heirs and Assigns for ever ; to the only proper and absolute use and behoof of the said C. D. and E. F. their Heirs and Assigns for ever : To the end , intent , and purpose , that the said C. D. and E. F. might thereby , and by force of the Statute of transferring uses into possession , become Tenents of the Freehold of all and every the Premisses , that a good and perfect common Recovery with double Vouch●rs , may be thereof had and executed : Now Witnesseth this present Indenture : And it is covenanted , concluded , and fully agreed by , and between all the said Parties to these presents , for them and every of them , their and every of their Heirs : That they the said C. D. and E. F. shall and will permit and suffer the said G. H. and I. K. before the Feast of &c. next ensuing the Date of these presents , by Writ or Writs of entry , sur disseisin en le post , to be sued forth and obtained out of the Kings Majesties High Court of Chancery , and returnable before the Justices of our Sovereign Lord of the Court of Common-Pleas at Westminster , in the Names of the said G. H. and I. K. demandants against the said C. D. and E. F. Tenents or the survivor of them , to Recover to them the said G. H. and I. K. and their Heirs in due form of Law , according to the usual form of common Recoveries , for assurance of Lands , Tenements , and Hereditaments , against the said C. D. and E. F. the said Mannor and Premises , with their and every of their Appurtenances , by some name or names in the said Writ and Recovery to be contained : In and to which said Writ , the said C. D. and E. F. shall gratis appear in their proper Persons , and after defence made , shall vouch to warranty the said A. B. who shall likewise thereupon appear and enter into the warranty , and vouch over the common Vouchee , who shall likewise appear and enter into the warranty and after make default , to the end that a perfect common Recovery may be had and executed , according to the course of common Recoveries , of the Mannor , &c. and all and every other the Premisses , with the Appurtenances .

6. Which Recovery so as aforesaid , or in any The Uses . other form to be , had , suffered , and executed ; and all other Recoveries to be had , suffered , and executed by , and between the said Parties , or any of them of the said Mannor , and Premises , before the said Feast of &c. and the Recoverors in and to the said Recovery and Recoveries , shall immediately from and after the suffering , and executing thereof , stand and be seized of the said Mannor , and Premises , to the uses , intents , and purposes hereafter specified , expressed , and declared , and to none other use , intent , or purpose whatsover : That is to say , to the use of &c. — Or thus : And it is covenanted , granted , concluded , and agreed by , and between all the said Parties to these presents , that the said Recovery so to be had , and executed as aforesaid and every common Recovery with Vouchers , before the said Feast of &c. to be suffered by the said C. D. and E. F. or the survivor of them of the said Mannor and Premises , and of every or any part thereof ; by what names or additions soever , the same shall fortune to be had or suffered , immediately from and after the Execution thereof shall be , and the Person or Persons , who shall thereby Recover the Premises , or any part thereof ; and his or their Heirs , after such Execution , shall stand and be seized of the said Mannor , and Premises , or such part thereof , as shall be recovered as aforesaid , to the use of &c. — Or thus : And it is covenanted , granted , and concluded by , and between all the said Parties to these presents : And either of the said Parties doth by these presents ; covenant , grant , conclude , and agree to , and with the other , in maner and form following : That the said G H. and K. immediately from and after the said Recovery , had and Executed as aforesaid , shall stand and be seized of , and in the said Mannor , &c. and other the Premises with the Appurtenances : And that the said Recovery , and the force , effect , and execution of the Premises , or any part thereof , by and between the said Parties before the Feast of &c. shall be , and shall be adjudged , deemed , reputed , and taken to be to the uses , intents , and purposes , in these presents mentioned and declared , viz. To the use of &c

7. This Indenture made , &c. Between A. Upon a Recovery already had with double Voucher . B. on the first part , C. D. and E F. on the second part , and G. H. and I. K. on the third part : Whereas the said A. B. by one Indenture of bargain and sale bearing Date , &c. [ vide Sect. 5. and recite it as there . ] And whereas afterwards , That is to say in the Term of St. Hillary , then next following the said G. H. and I. K. did pursue out of the said Court of Chancery , one Writ of entry , sur disseisin en le post , against the said C. D. and E. F. returnable before the Justices of his Majesties Court of Common Pleas at Westminster , whereby the said G H. and I. K did demand against the said C. D. and E. F. the said Mannor , &c. [ as in the Recoverie , ] to which Writ the said C. D. and E. F. did appear in proper Person , and after defence made , did vouch to warranty the said A. B. who did likewise appear in Person , and entred into the warranty , and vouched over the common Vouchee , who did likewise appear in person , and entred into the warranty and after make default , whereby several Judgments were had according to the course of common Recoveries used in the said Court of Common Pleas.

8 Now witnesseth this present Indenture , And The uses . it is hereby declared and expressed , that the true intent and meaning of all the said Parties to these presents , before and at the Time of suffering the said Recovery was , and ever since hath been , and yet is , that the said Recovery and the whole execution thereof should , and for ever hereafter shall be , and inure : And the said Recoverors and their Heirs , shall for ever hereafter stand and be seized of and in the said Mannor , &c. and all and every the Premises before mentioned , with the Appurtenances , To the use of &c

9. And the said A B. C. D. and E. F. for Release of Errors sometimes used . them and every of them , their and every of their Heirs ; do , and for every of them doth by these presents , remise , and for ever quit claim unto G. H. and I. K. and their Heirs , and all and every Person and Persons whatsoever , that shall or lawfully may have any Estate , Title , Interest , or demand , of , into , or out of the Premises , or any part or parcel thereof , by force or Vertue of the said Recovery and the execution thereof ; and of these presents , or any limitation , matter , or thing herein contained : All and every Error and Errors , Writ and Writs of Error , misprisions , misentries , and other cause and causes of Writ or Writs of Error , which they the said A. B. C. D. and E. F. or any of them , their or any of their Heirs , have or hereafter may , or ought to have , for or by reason of any Error or Errors , misprision , misentry , or other defect whatsoever in or about or any way touching , or concerning the said Recovery , or any proceeding or prosecution thereof

10. This Indenture made , Between A. B. and Another upon Recovery with double Voucher , already had E. his wife of the first part , C. D. and E. F. of the second part , and G. H. and I. K. on the third part : Whereas the said A. B. and E. his wife did in Michaelmas Term last , levy and acknowledg one Fine sur cognizance de droit come c●o , &c. in the Court of Common Pleas at Westminster , unto the said C. D. and E. F. of all that Messuage , and Lands , &c. to the intent and purpose , that the said C. D. and E. F. might be Tenents of the Frehold of the said Messuage , Lands , and Premisses ; and that a Writ of entry , sur disseisin en le post , might be brought and pr●secuted against them , to the end that a common Recovery might be had of all and singular the said Messuage , Lands , and Premisses , according to the form of common Recoveries had , used and accustomed : And whereas a common Recovery hath been sithence had in and by a writ of entry , sur disseisin en le post , of the Premisses against the said C. D. and E. F. by the said G. H. and I. K. Wherein the said C. D. and E. F. did vouch to wa●ranty the said A. B. who thereupon entred into the warranty , and over to warranty the common Vouchee , who likewise appeared and entred into the warranty and after made default , whereby several Judgments were had , according to the use of common Recoveries with double Vouchers , for assurance of Lands and Tenements , which Recovery hath been executed by Writ of habere facias scisinam , as by the Records of the said Court , it doth and may appear .

11. Now witnesseth this present Indenture , The Uses . That the true intent and meaning of the said A. B. and of the said Recoverors , and of all the Parties to the said Recovery , and to these presents , and of every of them , before and at the Time or Times of suffering the said Recovery , for , touching , and concerning the said Messuages , Lands , Tenements , and Hereditaments , and every of them , whereof the said Recovery was suffered and had , was and now is : That the said Recovery , should and shall be , and inure ; and shall be construed , adjudged , deemed , and taken to be , and inure : And that the said Recoverors , and every of them 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 Messuage , Lands , and Premisses , or of any part thereof by force of the said Recovery , should and shall stand and be seized of the same , and every part and parcel thereof ; to the uses , purposes , and intents , and under the Provisoes , conditions , and limitations hereafter , in these presents expressed , limited , and declared ; and to no other use , intent , or purpose whatsover : That is to say , &c.

12. This Indenture made , &c. Between A. B. Upon a Recovery with single Voucher to be had . of the one part , and C. D. and E. F. of the other part : Witnesseth , That it is covenanted , concluded , and agreed by , and between the said Parties to these presents : And the said A. B. for himself , his Heirs , Executors , and Administrators , doth covenant , grant , and agree to , and with the said C. D. and E. F. and their Heirs , by these presents : That he the said A. B. shall permit and suffer the said C. D. and E. F. to prosecu●e one Writ of entry , sur disseisin en le post , against the said A. B. of and for all that Mannor , &c. with their and every of their Appur●enances , by such name and names , quantities and numbers of Acres , and in such manner and form as shall be thought fit and expedient . Unto and in which Writ the said A. B. shall appear gratis , and vouch over to warranty the common Vouchee , who shall likewise appear gratis , and enter into the warranty , and make default in contempt of the Court , whereby one Recovery shall or may be had or suffered against the said A. B. of the said Mannor , &c. according to the usual course of common Recoveries for assurance of Lands , and Tenements . And it is further concluded , and agreed by , and between the said Parties , to these presents , That the said Recovery shall be had and suffered as aforesaid , before the end of Michaelmas Term next ensuing the Date hereof : And that the said Recovery , and the Execution thereof , and the full force and effect of the same shall be and inure : And that the said Recoverors and their Heirs , immediately after the same , and the Execution thereof had and made , shall stand and be seized of the said Mannor , Messuages , Lands , and Premisses , to the uses , intents , and purposes herein after mentioned : That is to say , to the use of &c.

13. This Indenture , &c. Between A. B. of the Upon Recovery with single Voucher already had . one part , and C. D. and E. F. of the other part : Whereas the said C. D. and E. F. did in Michaclmas Term last past before the Date hereof , upon a Writ of entry , sur disseisin en le post , before his Majesties Justices of the Court of Common Pleas at Westminster , Recover by common Recovery against the said A. B. one Mannor , &c. [ setting down the Particulars , ] and the Revertion and Revertions , Remainder and Remainders of all and singuler the Premisses , and of all and every part and parcel thereof ; by the name of &c. [ prout en le Recovery , ] in which Recovery the said A. B. did vouch to warranty the common Vouchee whereby a good and perfect common Recovery , with single Voucher of the said Mannor , Messuages , Lands , and Premisses , according to the usual form of Common Recoveries , was had and after executed against the said A. B. and his Heirs ; as by the Record thereof , remaining in the said Court of Common Pleas , more at large , it doth and may appear .

14. Now witnesseth this present Indenture : And Uses . it is hereby declared , that the true intent and meaning of all the Parties to the said Recovery , and to these presents , was before and at the time of the said Recoverie , and yet is , for touching and concerning the said Mannor , Messuages , Lands , Tenements , and Premisses , and every part thereof , whereof the said Recovery , was had and executed as aforesaid ; that the said Recovery , and the execution therof , should and shall be , and inure ; and be construed , adjudged , and taken to be , and inure ; and that the said Recoverors and their Heirs , should and shall stand and be seized of the said Mannor , Messuages , Lands , Hereditaments , and Premisses , and of every part and parcel thereof , with the Appurtenances , to the uses , intents , and purposes hereafter , in these presents set down , expressed , and declared ; and to no other use , intent , or purpose whatsoever : That Upon a Fine and Recovery ( with double Voucher , ) to be had of several things , viz. the Fine of one , and the Recovery of an other . is to say to the use of &c.

15. This Indenture tripartite , made &c. Between A. B. and E. his wife of the first part , C. D. and E. F. of the second part , and G. H. and I. K. of the third part : Witnesseth , That the said A. B. for himself , his Heirs , Executors , and Administrators , doth covenant and grant to , and with the said G. H. and I. K. their Heirs , Executors , and Administrators , by these presents ; that he the said A. B. and E. his wife , shall and will on this side , and before the Feast of &c. acknowledg and levy in due form of Law , before his Majesties Justices of the Common Pleas at Westminster , one Fine , sur cognizance de droit come ceo , &c. with Proclamations unto the said G. H. and I. K. of all that his Mannor of M. &c. by such name or names , quantities and numbers of Acres , as they the said G. H. or I. K. or either of them , their or either of their Councel learned in the Law , shall reasonably devise , advise , or require : And whereas the said A. B. hath by Indemure of bargain and sale bearing Date the &c. last past before the Date hereof ; and inrolled in his Majesties High Court of Chancery , the 20th Day of the same month of &c. made between the said A. B. of the one part , C. D. and E. F. of the other part , for the consideration therein mentioned , granted , bargained , and sold , unto the said C. D. and E. F. their Heirs and Assigns ; all that Messuage , or Tenement , and Lands in B. &c. and the Revertion and Revertions , Remainder and Remainders thereof : To have and to hold the said Messuage , Lands , and Premisses , and every part thereof , with the Appurtenances , unto the said C. D. and E. F. their Heirs and Assigns for ever ; which said bargain and sale was had and made , to them the said C. D. and E. F. as aforesaid ; to and for the only end , intent , and purpose , that the said C. D. and E. F. might be the Tenent thereof to a Precipe , against whom the Recovery hereafter mentioned , in manner and form following might be had . Now this Iudenture further witnesseth , that it is covenanted , concluded , and fully agreed by , and between all the said Parties to these presents ; for them and every of them , their and every of their Heirs , that before the end of Trinity Term now next ensuing , there shall be one Recovery , ( in the nature of a common Recovery , for Lands , Tenements , and Hereditaments , in such cases used and accustomed , ) and executed in his Majesties said Court of Common Pleas ; by or in the name of the said G. H. and I K. demandant against the said C. D. and E. F. Tenents of the said Messuage , and Lands , with the Appurtenances , who shall vouch to warranty the said A. B. who being vouched shall appear gratis , and enter into the warranty , and vouch over the common Vouchee , and the said common Vouchee shall thereupon appear also , and enter into the warranty , and afterwards make default ; to the end that one perfect common Recovery , shall and may be of the said Messuages , and Lands , with the Appurtenances , had and prosecuted in all things , according to the usual order and form of common Recoveries in such cases used .

16. And it is covenanted , concluded , and fully The Uses . agreed by , and between all the said Parties to these presents respectively , for them and every of them , their and every of their Heirs ; that the said Fine and Recovery , so to be had , levied , suffered , and executed as aforesaid , as touching and concerning all and every the said Mannor or Lordship of M. and the said Messuage or Tenement in B. and the several Lands , Tenements , and Hereditaments before mentioned ; whereof the said Fine and Recovery were severally and respectively had , levied , and suffered as aforesaid : And all and every other Fine and Fines , Recovery and Recoveries to be had of the said Mannor , and other the Premisses thereunto belonging , and of the said Messuage and Lands , and other the Premisses , before mentioned to belong thereunto , by and between the said Parties or any of them , before the end of the said Term of the Holy Trinity , shall be and inure ; and as well the said Cognizees as the said Recoverors , and their several and respective Heirs , shall severally and respectively stand and be seized of all and every the Premisses ; to the uses , intents , and purposes ; and under the Provisoes , conditions , and limitations herein , after mentioned and expressed , and to no other use , Another upon a Fine and Recovery of several things already had . intent , or purpose whatsoever .

17. This Indenture , &c. Between A. B. and E. his wife of the first part , C. D. and E. F. of the second part , and G. H. and I. K. of the third part : Whereas in the Term of &c. last past a Fine , ●ur cognizancr de droit come cco , &c. with Proclamations according to the Statute in such case made and provided ; was levied between the said C. D. and E. F. plaintiffs , and the said A. B. and E. his wife deforciants of the Mannor of &c. by the name of &c. And whereas the said G. H. and I. K. did in the said Term by Writ of entry , sur disseisin en le post , recover against the said C. D. and E. F. one Messuage in B. &c. by the name of &c. in which Recovery the said C. D. and E. F. did vouch to warranty the said A. B. who thereupon entred into the warranty , and vouched over the common Vouchee ; proceeding in all things therein , according to the form and order of common Recoveries for assurance of Lands , Tenements , and Hereditaments used and accustomed , as in and by the several Records of the said Fine and Recovery , remaining in his Majesties Court of Common Pleas , reference being thereunto had , more fully and at large it doth and may appear . Now witnesseth this present Indenture , that the true intent and meaning of the said A. B. and E. his wife , and of the Cognizees and Parties to the said Fine ; and also of the said Recoverors , and Parties to the said Recovery , and of all and every Parties to these presents ; before and at the several and respective Time and Times , of the acknowledging and levying of the said Fine , and of the suffering of the said Recovery , for and concerning the said Mannor , Lordship , Messuage , Lands , Tenements , Hereditaments , and Premisses , whereof the said Fine and Recovery were severally and respectively levyed , suffered , and had , as aforesaid , alwaies was , and yet is ; that as well the said Fine as Recovery , and all and every Fine and Fines , Recovery and Recoveries of the said Mannor of M. &c. and Messuage and Lands in B. and all other the Premisses with the Apurtenances , respectively at any Time formerly had , levied , suffered , or executed , whereunto the said A. B. and E. his wife , or the said A. B. singly was and is in any wise Party , and all and every the executions of the same , should and shall be and inure ; to the uses , intents , and purposes ; and under the provisions , conditions , and limitations hereafter , in these presents expressed , limitted , and declared : And that the said Recoverors , and either of them and all the Parties to the said Recovery , 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 Messuage , Lands , Hereditaments , and Premisses contained in the said Recovery , should and shall stand and be seized thereof , and of every part and parcel thereof with the Appurtenances ; to the uses , purposes , and intents hereafter expressed : And that the Cognizees of the said Fine and either of them , and all the Parties to the said Fine , and the Heirs of them , and every of them , and all and every other Person or Persons , and his and their Heirs , who at the Time of levying of the said Fine , were or now are , or herafter shall be seized of the said Mannor , &c. Lands , Tenements , Hereditaments , and Premisses comprized in the said Fine and every of them , should and shall stand and be seized thereof , and of every part and parcel thereof with the Appurtenances , to the uses , intents , and purposes hereafter , in these presents expressed ; and to no other use , intent , or purpose whatsoever : That is to say , To the use and behoof of &c.

18. This Indenture , &c. Between A. B. of Upon a Fine Recovery and other conveiances to be bad . the one part , and C. D. and E. F. of the other part : Winesseth , That the said A. B. in consideration &c. [ set down the grounds and reasons of the settlement , vide Chap. 2. ] and for other good causes and considerations him hereunto moving , doth covenant and grant for him , his Heirs , Executors , and Administrators , to and with the said C. D. and E. F. and either of them , their and either of their Heirs , Executors , and Administrators and every of them by these presents , in manner and form following : That is to say , That he the said A. B. or his Heirs , before the Feast of &c. now next ensuing ; shall and will at the cost and charges of him the said A B. his Heirs , Executors , and Administrators , sufficiently by Fine or Fines , Recovery or Recoveries , or other sufficient conveyances and assurances in the Law , convey and assure unto the said C. D. and E F. and to their Heirs or the survivors of them and his Heirs : All that his Mannor , &c.

19. And it is covenanted , granted , concluded , condescended and agreed by , and between the Uses . Parties to these presents , and th●ir Heirs : That the said Fine or Fines , Recovery or Recoveries , and other good and sufficient conveyances and assurances , to be had , made , levied , suffered , and executed by , the said A. B. or his Heirs to the persons aforesaid , ot to the surviver of them , his or their Heirs , before the said Feast of &c. shall be and shall be deemed , construed , reputed , and taken to be , to the uses , intents , and purposes hereafter mentioned , and to no other use , intent , or purpose whatsoever : That is to say , To the use and behoof of &c. — Or thus , and it is covenanted , granted , concluded , and agreed by , and between the said Parties to these presents ; for themselves and their Heirs respectively : That the said Fines , Feeoffments , Conveyances , and Assurances , for touching , or concerning the said Mannor , &c. to be made , levied , suffered , and executed as aforesaid , shall be ; and the person or persons to whom the said conveyance and Estates shall be made and executed as aforesaid , and his or their Heirs , shall stand and be seized of the Premisses and every part thereof : To the uses , intents , and purposes , hereafter mentioned , and to none other use , intent , or purpose whatsoever : That is to say to the use of &c. — Or thus , And shorter Co●enant it is covenanted , &c. That he the said A. B. or his Heirs , shall and will within the space of &c. next ensuing the Date hereof , by good and sufficient conveiance and assurance in the Law , sufficiently convey and assure unto the said C. D. and E. F. and their Heirs , or to the survivor of them and his Heirs , All that his Mannor , &c. And it is covenanted , granted , concluded , and agreed by , and between the said Parties to these presents ; for them and their Heirs respectively : That the said conveiance and assurances , so to be had and made as aforesaid , shall be and enure : And the said C. D. and E. F. and their Heirs immediately , from and after such conveiance and assurance so had and made , shall stand and be seized of , and in all and singuler the said Mannor , Lands , Tenements , and Hereditaments herein before mentioned , to be conveyed with their and every of their Appurtenances , to the uses , intents , and purposes hereafter , in these presents set down , expressed , and declared , and 〈◊〉 no other use , intent , or purpose whatsoever : ●●at is to say : To the use of &c.

20. This Indenture , &c. Between A. B. of Upon a Fcoffment the one part , and C. D. and E. F. of the other part : Witnesseth , That the said A. B. for and in consideration of a Marriage , &c. and for settlement in name and blood , &c. [ vide Chap. 2 ] Hath granted , aliened , enfeoffed , released , and confirmed , and doth by these presents , grant , alien , enfeoffe , release , and confirm unto the said C. D. and E. F. their Heirs , and Assigns for ever . All that Mannor , &c. And the Revertion and Revertions , Remainders and Remainders thereof , and of every part thereof , and all and every the Rent or Rents thereupon reserved , due or payable , or upon any part thereof : To have and to hold the said Mannors , &c. unto the said C. D. and E. F. their Heirs and Assigns for ever , to the several uses , intents , and purposes , and under the several provisoes , conditions , and limitations hereafter , in and by these presents , expressed , limited , and declared , and to or for none other use , intent , or purpose whatsoever : That is to say , &c. Upon a covenant to stand seized , &c.

21. This Indenture , &c. Between A. B. of the one part ; and C. B. one of the Sons of the said A. B. of the other part : Witnesseth , That whereas the said A. B. is lawfully seized in his 〈…〉 esne as of Fee , of and in all that Messuage , &c. [ setting down the particulars . ] Now the said A. B. for and in consideration of the natural Love and Affection , which he the said A. B. hath and beareth unto his said Son C. B. and for the advancement and maintainance of the said C. B. and preferment to his Heirs , and for the establishing and setling of the said Messuage , Lands , and Premises , according to the true intent and meaning of the said A. B. in such manner and form as is hereafter expressed ; and for divers good causes , and considerations , him the said A. B. hereunto moving : Doth for him , his Heirs , Executors , and Administrators , covenant and grant , to and with the ●●id C. B. his Heirs , Executors , and Administrato● ot That he the said A. B. and his Heirs ; and all and every other person or persons , and his and their Heirs , which now stand and be seized of , and in the said Messuage , Lands , and Premisses , and of every or any part or parcel thereof ; shall from henceforth stand and be seized thereof , and of every or any part or parcel thereof , to the use and behoof of the said A. B. for and during the Term of his natural Life , and from and after his decease , to the use and behoof of the Heirs Males of the Body , of the said C. B. lawfully to be begotten , and for want of such Issue to the use of the Heirs of the Body of the said C. B. lawfully to be begotten , and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever .

22. This Indenture , &c. Between A. B. of Upon a barg . and sale for six months , and a grant and release of the Revertion . the one part , and C. D. and E. F. of the other part : Witnesseth , That the said A. B. for and in consideration of the sum of 5 shillings of lawful money of England , to him in hand paid before , the sealing and delivery hereof , the Receipt whereof he the said A. B &c. Hath granted , bargained , and sold ; and by these presents , doth grant , bargain , and sell unto the said C. D. and E. F. their Executors , and Assigns , all that Messuage , &c. And the Revertion and Revertious , Remainder and Remainders thereof , and of every part or parcel thereof , together with all Rents and services reserved , upon all or any lease or leases of the Premises , or any part or parcel thereof . To have or to hold the said Messuage , or Tenement , &c. and all and singuler other the Premisses herein before mentioned and intended , to be hereby granted , bargained , and sold , with their and every of their Appurtenances , unto the said C. D. and E. F. their Executors , Administrators , and Assigns , from the Day of the Date hereof , for and during the full end and term of 6 Months from thence next ensuing , and fully to be compleat and ended : To the end that by vertue of thes● presents , and of the Statute of transferring uses into possession the said C. D. and E. F. may be in the actual possession of the Premisses , and be inabled to take and accept of a grant , and release of the same , to them the said C. D. and E. F. their Heirs and Assigns for ever . — Or thus , To the end that the said C. D. and E. F. may by vertue hereof , and of the Statute of transferring uses into possession , be in the actual possession of the said Messuage , Lands , and Premisses , and be inabled to take and except of a grant , and release of a Revertion and inheritance thereof , to them and their Heirs : In Witness , &c.

23. This Indenture made , &c. Between A. B. The release and grant of the Revertion of the one part , and C. D. and E. F. of the other part : Whereas the said A. B. by Indenture bearing Date the &c. Day of this instant January , [ it must bear Date a Day or two after the Lease , ] for the consideration therein mentioned , did grant , bargain , and sell , unto the said C. D. and E. F. All that Messuage , &c. And the Revertion and Revertions , Remainder and Remainders of the same , and of every part or parcel thereof , and all Rents and Services reserved upon any Lease or Leases made of the Premises , and every part or parcel thereof : To have and to hold the said Messuage or Tenements , Lands , and Premisses , and every part or parcel thereof with the Appurtenances unto the said C. D. and E. F. their Executors , Administrators , and Assigns , from the Date of the said recited Indenture , for and during the Term of six Months from thence next ensuing and fully to be compleat and ended : By Vertue whereof , and of the Statute of transferring uses into Possession ; the said C. D. and E. F. were , and yet are in the actual Possession of the Premisses ; as by the said recited Indenture , Relation being thereunto had more fully and at large it doth and may appear : Now Witnesseth this present Indenture , That the said A. B. for and in consideration &c. † † vide cap. 2. and for divers good causes and considerations him hereunto moving : Hath granted , released , and confirmed , and doth by these presents , grant , release , and confirm unto the said C. D. and E. F. their Heirs and Assigns ; all that the a●oresaid Messuage , or Tenement , Lands , Hereditaments , and Premisses , with the Appurtenances , and every part and parcel thereof , and all the Estate , Right , Title , Interest , claim , and demand whatsoever , of him the said A. B. of , in , and to the Premisses , and every part and parcel thereof : And the Revertion and Revertions , Remainder and Remainders thereof , and of every part and parcel thereof : And all Rent and Rents , and other services reserved or payable , upon any demise or demises , Lease or Leases , of the Premises , or any part or parcel thereof : To have Uses . and to hold the said Messuage , or Tenement , Lands , and Hereditaments , and Premises , and every part thereof with the Appurtenances , mentioned or intended , to be hereby granted , released , and confirmed , unto the said C. D. and E. F. their Heirs and Assigns for ever : To the several uses , intents , and purposes hereafter , in these presents mentioned and declared , and to no other use , intent , or purpose whatsoever : That is to say , To the use and behoof of ●

24. This Indenture , &c. Between A. B. of Upon a Feoffment past and unexecuted . the one part , and C. D. and E. F. of the other part : Whereas the said A. B. did by his Indenture of Feoffment bearing Date the &c. made between the said A. B. of the one part , and the said C. D. and E. F. of the other part ; give , grant , alien , enfeoste , and confirm unto the said C. D. and E. F. and their Heirs ; All that Messuage , or Tenement , and Lands , &c. and the Revertion and Revertions , Remainder and Remainders thereof , and of every part and parcel thereof : And all the Estate , Right , Title , Interest , Possession , Property , Claim , and Demand whatsoever ; of him the said A. B. of , in and to the same , and of , in and to every part and parcel thereof . To have and to hold the said Messuage , or Tenement , Lands , Hereditaments ; and all and every other the Premisses , with their and every of their Appurtenances , unto the said C. D. and E. F. their Heirs and Assigns for ever : Now witnesseth this present Indenture , And it is hereby declared , that the true intent and meaning of the said A. B. and of all the Parties to the said recited Indenture or deed of Feoffment , and to these presents was and yet is , that the said Deed of Feoffment , and the full force effect , and execution thereof , should and shall be and inure of for touching and concerning all and every the said Messuage , Lands , Tenements , and Hereditaments with their and every of their Appurtenances ; to the uses , intents , and purposes , and under the provisoes , conditions , and limitations hereafter mentioned and expressed . And the said Feoffees , their Heirs and Assigns , should and shall stand and be seized thereof , and of every part and parcel thereof with the Appurtenances ; to the same uses , intents , and purposes ; and to no other use , intent , or purpose whatsoever : That is to say , To the use of &c.

CHAP. VI. The several Forms of indorsing of Livery made , and of Attornements .

1. Memorandum , That this fifteenth Day of Livery by Feoffor to Feoffee . January , Anno Domini 1665. Peaceable and quiet possession and seisin , of the said Messuage , Lands , and other the Premisses in this Deed conteyned , was delivered by the within named A. B. to the within named C. D. according to the form and effect of this Deed , in the presence of those whose names are hereunto subscribed .

2. Memorandum , That the fifth Day of &c. Livery made by Attorney . Anno Domini , 1665. Peaceable and quiet possession and seisin , of the Mannor , Messuages , Lands , Tenements , and Hereditaments within specified , was taken had and delivered by E. F. and G. H. the Attorneys within named , to the within named C. D. according to the Tenor and true meaning of this present Indenture , in the presence of those whose names are hereunto subscribed .

3. Memorandum , That the Day and Year Another . within written , full and peaceable possession of all and singuler the Lands , Tenements , and Hereditaments within granted , or mentioned to be grantel ; was taken and had , by the within named E. F. for and in the name of A. B. within mentioned ; and afterwards was for and in the name of the said A. B. delivered by the said E. F. unto the within named C. D. according to the authority within given : To hold to him the said C. D. his Heirs and Assigns , according to the form and effect of this present Deed : in the presence of those whose names are hereunder written .

4. In case the liberty be made by force of a Another . Letter of Attorney not mentioned in the Deed : Then the indorsement may be thus : Memorandum , That full quiet and peaceable possession of all and every the Messuage and Lands , within mentioned to be granted , was taken and had by I. H. the Attorney of the within named A. B. by force and vertue of a Letter of Attorney to the said I. H. in that behalf made by the said A. B. bearing Date the &c. for and in the name of the said A B. and was afterwards by the same authority , for and in the name of the said A. B delivered by the said I. H. unto one G. H. the Attorney of the within named C. D. thereunto lawfully authorized , by force and vertue of one Letter of Attorney made by the said C. D. unto the said G. H. in that behalf bearing Date the &c. according to the form and effect of this present Deed the 20th Day of March , Anno Domini 1665. in the presence of those Persons whose names are hereunto subscribed .

5. Memorandum , That the within named E. F. Attornement . lessee of all and every the Messuage and Lands within mentioned , having heard this present Indenture read , and taken perfect notice and knowledg thereof , and of all the contents thereof ; doth consent and agree thereunto , and doth Attorn Tenent to the within named C. D. for the said Messuage , Lands , and Premisses the 20th Day of &c. Anno Domini 1666. in the presence of those whose names are hereunto subscribed .

6. Memorandum , That the within named E. F. Another . lessee of all and every the Messuage and Lands within mentioned , after the sealing and delivery of these presents and perfect notice thereof taken by him , and of the contents thereof did the Day of &c. in the Year within mentioned Attorn unto the within named C. D. upon the said grant , according to the form and effect thereof , by the payment of two Pence of lawful Money of England , in the name of Attornement , in the presence of &c.

7. Memorandum , That R. C. of &c. Gentleman , Another . and the rest of the Tenents and Farmers of the within mentioned Premisses , by virtue of several Leases made unto them by the within named A. B. having all of them had perfect notice of this present grant , did severally Attorne and become Tenents of , and for their several and respective interests in the Premisses , to the within named C. D. this present Tenth Day of &c. in the Year within written ; and the said Tenents have every of them given unto the said C. D. one Penny in the name of Attornement , in the presence of &c.

8. This Indenture made the &c. Between An Attornement by a Collateral Deed. A. B. of the one part , and C. D. of the other part : Whereas the said A. B is seized in his demesne as of freehold , for and during the the Term of his natural Life , of and in &c. by Vertue of a Lease to him thereof made , by I. K. of &c. Esquire , by his Indenture bearing Date the &c. And whereas the said I. K by his Deed indented bearing Date the &c. Hath granted the said Messuage , Lands , and Premisses , with the Appurtenances , and the Revertion thereof to the said C. D. as in and by the said Indentures more at large appeareth : Now this Indenture witnesseth , that the said A B. for divers good reasonable causes and considerations him hereunto moving ; Hath consented , agreed , attorned , and become Tenent , and by these presents doth consent , agree , attorne , and become Tenent to the said C. D. and to the said grant to him made of the said Messuage , Land● , and Premisses , and the Revertion thereof , and in the name of Attornment , and seisin of the Rent , reserved upon the said Lease thereof ; hath at and before the making of these presents , paid to the said C. D. one half years Rent , due for the said Messuage , Lands , and Premisses , at our Lady-Day last : Which the said C. D. hath accepted of and from the said A. B. as from his Tenent , and in name of seisin thereof and Attornement to the said grant to him thereof made as aforesaid , accordingly . In witness whereof the Parties above named , &c. Livery and Attornement together .

9. Memorandum , that the 4th Day of May , in the Year of our Lord 1665. Peaceable and quiet possession and seisin of the Mannor , Messuages , Lands , Tenements , and Hereditaments within specified , was taken had and delivered by the Attorneys within named , to the within named C. D. according to the tenor and true meaning of this present Indenture , and likewise the Day and Year abovesaid , E. F. G. H. and I. K. &c. being Tenents of the Premisses by several Leases to them made of their respective Tenercies did severally attorn Tenents to the said C. D. according to this present grant , whereof they and every of them had full and perfect notice at the Time of their said respective Attornements : All which was done in presence of the persons whose names are hereunto subscribed .

CHAP. VII . The Forms of limitations of Uses , [ vide before Chapter the 5th . ] the several Forms of introducing Uses upon Fines Recoveries and Conveiances : Now follows the limitations of the Uses .

1. ANd it is covenanted , granted , concluded , Limitations for Life . condiscended , and fully agreed by , and and between all the said Parties to these presents , for themselves and their Heirs respectively : That the said Fine or Fines , Recovery or Recoveries , conveiances and assurances to be had , made , and executed , according to the purport and true meaning of these presents ; of , and in the said Mannors , Lands , Tenements , Hereditaments , and Premisses , and every of them and the execution thereof ; shall be , and for ever shall be adjudged , deemed , and taken to be : And also that the said C. D. and E. F. and their Heirs , and the Survivor of them and his Heirs , shall stand and be seized of , and in all and singular the said Mannors , Lands , Tenements , Hereditaments , and Premisses , and of and in every part and parcel thereof with the Appurtenances ; to and for the several and only uses , behoofs , intents , and purposes , and upon and under the limitations , Provisoes , conditions , liberties , and agreements hereafter mentioned : That is to say , of , in and to all that Capital Messuage or Tenement , with the Appurtenances , being parcel of the Premisses , commonly called or known by the name of &c. scituate and being in F. aforesaid in the said County of D. now or late in the tenure or occupation of &c. and of , in and to all , and singular the Houses , Edifices , Buildings , Lands , Meadows , Pastures , Feedings , and Hereditaments whatsoever , with the Appurtenances to the said Capital Messuage or Tenement belonging or appertaining , or therewithall , now or heretofore usually occupied or enjoyed , or accepted , reputed or taken , as part parcel or member thereof , or appurtenant thereunto ; and the Revertion and Revertions , Remainder and Remainders thereof ; to the Uses of the said C. B. Son and Heir apparent of the said A. B. and of D. B. Wife of the said C. B. for and during the Term of their natural Lives , and of the Life of the longer Liver of them , without impeachment of wast , during the natural Life of the said C. B.

2. To the use of the said A. B. for and during To the Husband for Life and after to the Wife for a Joynture . the Term of his natural Life without impeachment of or for any manner of wast , and with full power to do or commit wast . — Or thus , Without impeachment of wast only , in and for Woods . under Woods , and Timber Trees standing , growing , or being , or which at any Time hereafter shall stand , grow , or be in or upon the Premisses before mentioned or any part or parcel thereof : And from and after the decease of the said A B. then to the use and behoof of the said E. his wife , for and during the Term of her natural Life , in the name of her Joynture , and in full recompence and satisfaction of her Dower ; which she the said E. shall or may have out of or to the Lands , Tenements , or Hereditaments of the said A. B. in case she shall happen to survive the said A. B. — Or thus , In full Recompenre of her Dower and Title of Dower , to or out of all the Mannor , Lands , Tenements , and Hereditaments , whereof the said A. B. had , now hath or hereafter shall have , during the cover●ure between him and the said A. B. any Estate of Inheritance .

3. Provided alwaies , and it is intended , and Proviso to make void a Jointure upon claim of other Lands for Dower . agreed by , and between all the said Parties to these presents ; that if the said E. B. shall or do at any time or time , hereafter , from and after the decease of the said A. B. her Husband , ( if she shall survive and over Live the said A. B. ) commence and prosecute , or cause to be commenced and prosecuted any action or suit whatsoever , for any Dower of , out of , or in any the Mannors , Lands , Tenements , or Hereditaments ; whereof or wherein the said A. B. her Husband had any Estate of Inheritance , during the coverture between him and the said E. and shall not hold her self sati●fied with the said Capital Messuage , Lands , Tenements , and Hereditaments , in or by these presents limited , meant , or intended to , and for her Jointure and Dower ; that then and from thenceforth the use before limited to the said E. B. of , in and unto the said Capital Messuage , Lands , and Tenements , shall cease and be void . And the said Recove●ors and Cognizees and their Heir● , or the Survivor or Survivors of them , his and their Heirs , shall stand and be seized of Proviso to make void a use limited to the Wife in case she go about to depart with her Estate , and to limit over the said uses . the said Capital Messuage , Lands , Tenements , and Hereditaments with the Appurtenanees , whereof such use was as aforesaid limited unto the said E. and of every part and parcel thereof , to the use and behoof of the right Heirs of the said A. B. for ever .

4. Provided alwaies nevertheless , and it is agreed by , and between the said Parties to these presents ; that if it shall fortune that the said E. B. shall at any time hereafter during the Life of the said A. B. be fully resolved and determined jointly with the said A. B. or otherwise by any ways or means , directly or indirectly , to levy any Fine or suffer any Recovery , or do or assent to do any act or thing by matter of Record or otherwise , whereby the Estate before limited of , and in the Premisses to her the said E. B. for Term of her Life , or any lesser Estate , derived out of her said Estate , of and in the said Capital Messuage , Lands , and Premisses , or any part or parcel thereof , shall or may pass or be altered , taken away , charged , incumbred , or devested out of or from the said E. B. and shall attempt or go about to put inure any such full and perfect resolution and determination , that then and immediately after such attempt or going about , the said use and Estate for Life , of and in the Premisses before limited and appointed , to the said E. B. as touching all the same Premisses , or such part or parcel thereof , touching which such attempt or going about shall be had or made shall cease and be void as touching and concerning the said E. B. and that then and from thencefotth , the said Fine and Recovery , conveiance and conveiances to be had and made to the said C. D. and E. F. and to their Heirs or the Heirs of one of them , after the said Estate for Life before limited and appointed , to the said A. B. ended and determined shall be , and the said C. D. and E. F. and their Heirs , and the Heirs of either of them ; shall stand and be seized of , and in all the said Premisses , or such part or parcel thereof , touching which such attempt or going about , shall be had or made to the use and behoof of C. B. Son and Heir apparent of the said A. B. and of D. B. second Son of the said A. B. and their Heirs , for and during the Life of the said E. B. to the end , intent , and purpose , that they the said C. B. and D. B. and the Survivor of them , or the Heirs of the Survivor of them after the decease of the said A. B. ( in case the said E. shall happen to overlive the said A. B ) shall or may grant over their Estate to the said E. B. in the Premisses within 6 Weeks after the decease of the said A. B. And that after the decease of the said A. B. and the said E. B. then the said Fine and Recovery , and other Assurances shall be and remain , as to the said Capital Messuage , Lands and Tenements , to the uses and behoofs before , in and by these presents lymitted , and appointed to begin and take place after the decease of the said A. B. and E. his Wife .

5. To the use of the said A. B. for the Term For Years determinable upon a Life . of his natural Life , and from and after his decease to the use and behoof of the said C. B. one of the younger Sons of the said A. B. for the Term of 60. Years , to commence immediately from , and after the decease of the said A. B. if he the said C. B. shall , and do so long live , and from and after the end or determination of the said Estate , or Interest before limitted to the said C. B. then to the use of &c. If the use be lymitted of part of the Lands before limited to A. B. then say thus . To the use of the said A. B. for Term of his natural Life , and from and after his decease as to such and such Lands [ setting forth the certainty of them ] being parcel of the premisses before limited to the said A. B. for Term of his Life , to the use and behoof of the said C. B. one of the younger Sons of the said A. B. for the Term of 60. Years to commence immediately from and after the decease of the said A. B. if he the said C. B. shall and do so long live , and from and after the end and determination of the said Estate or Interest before limited to the said C. B. then to the use of &c. And as for touching , and concerning the remainder of the premisses before limited to the said A. B. for Term of his Life , being &c. [ set down the particulers of it ] to the use and behoof of D. B. one other of the Sons of the said A. B. for the Term of 21. Term of Years . Years to commence immediately from and after the decease of the said A. B. and from and after the end and determination of the said Estate or Interest limited to the said D. B. To the use of &c.

6. And from and after the decease of the said Limitations of uses in Talc to 1. 2. 3. 4. &c. Sons . A. B. and E. his Wife ; then to the use and behoof of the Heirs of the Body of the said A. B. lawfully begotten on the Body of the said E. B. — Or thus : And as touching and concerning the immediate remainder of the said Capital Messuage , Lands , &c. before particularly limited , or mentioned , or meant to be limited to the use of the said E. B. for her Joynture as aforesaid , im-immediately from and after the decease of the said A. B. and E. B. and of the longer liver of them , and the immediate Remainder of the said Lands , &c. whereof no use is before limited to the said E. B. from and after the decease of the said A. B. to the only use and beho●f of the first Sonne of the Body of the said A. B. on the Body of the said E. B. lawfully begotten , or to be begotten ; and of the Heirs , Males of the Body of such first Son lawfully to be begotten : And for default of such Issue , then to the use and behoof of the second Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten , or to be begotten ; and of the Heirs , Males of the Body of such second Son lawfully begotten : And for default of such Issue to the use and behoof of the second Son of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten ; and of the Heirs , Males of the Body of the said third Sonne lawfully to be begotten : And for default of such Issue to the use and behoof of the fourth Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten , or to be begotten ; and of the Heirs , Males of the Body of such fourth Son lawfully begotten : And for default of such Issue then to the use and behoof of the fifth Son of the Body of the said A. B. on the Body of the said E. B. lawfully begotten , or to be begotten ; and of the Heirs , Males of the Body of such a fifth Son lawfully begotten , &c. [ even to the ninth or tenth Sons : ] And for default of such Issue to the use and behoof of all and every other Son and Sons , of the said A. B. on the Body of the said E. B. lawfully to be begotten ; and of the Heirs , Males of the Body of every such Son and Sons ; the elder Son and the Heirs , Males of his Body being always preferred before the younger Son ; and the Heirs , Males of his Body , according to the Seniority and Priority of Birth and Age : And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever .

7 To the use and behoof of the said A. B. for , Another to Sons already born . and during the term of his natural Life ; and from and after the decease of the said A. B. to the use and behoof of the said E. B. for , and during the term of her natural Life for her Joynture , &c. [ vide before Sect. 20. ] And from and after the decease of the said A. B. and E. B and of the longer liver of them , to the use and behoof of C. B. the eldest Son and Heir apparent of the said A. B. and of the Heirs , Males of the Body of the said C. B. lawfully begotten , and to be begotten : And for default of such Issue , to the use and behoof of D. B. second Son of the said A. B. and of the Heirs , Males of the Body of the said D. B. lawfully begotten , or to be begotten : And for default of such Issue to the use and behoof of E. B. third Son of the said A. B. and of the Heirs , Males of the Body of the said . E. B. lawfully begotten , or to be begotten : And for default of such Issue to the use and behoof of the † † In case there be no more Sons born , time of the limitation . fourth Son of the said A. B. on the Body of the said E. B. his Wife , lawfully to be begotten ; and of the Heirs , Males of the Body of such fourth Son lawfully to be begotten : And for default of such Issue to the use and behoof of the fifth Son of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten ; and of the Heirs , Males of the Body of such fifth Son lawfully to be begotten : And for default of such Issue , then to the use and behoof of all and every other Son and Sons of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten successively one after the other , and in order , as they shall succeed and be in seigniority of age and priority of birth ; and of the Heirs , Males of the several and respective Bodies of all and every such other Son and Sons , lawfully to be begotten : And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. lawfully begotten , or to be begotten : And for default of such Issue to the only use and behoof of the right Heirs of the said A. B. for ever . Limitation to the Father for life : after to the Son and his Wife remainder to 1 , 2 , 3. &c. Sons of him in Tail remainder to the Fathers other Sons in tail , &c

8. To the use and behoof of the said A. B. for , and during the term of his natural Life without impeachment of wast , and with full power to commit wast : And from and after the decease of the said A. B. to the use and behoof of C. B. Son and Heir apparent of the said A. B. and his Assigns , for and during the Term of his natural Life , and from and after the decease of the said C. B. to the use and behoof of E. B Wife of the said C. B. and her Assigns , for and during the Term of her natural Life in recompence and satisfaction of her dower , &c. [ vide sect. 2. ] and immediately from and after the deaths of the said C. B. and F. B. and of the Survivor of them , to the only use and behoof of the first † † This form is to be used in case they have no Sons at the time of the limitation : if they have ; then they are to be named , &c. as before . To Sons for life remainder in Tail . Son of the Body of the said C. B. on the Body of the said E. B. lawfully to be begotten ; and of the Heirs , Males of the Body of such first Son lawfully to be begotten : And for default of such Issue to the use and behoof of the second Son of the Body of the said C. B. on the Body of the said E. B. lawfully to be begotten ; and of the Heirs , Males of the Body of such second Son lawfully to be begotten , &c. and [ so to 3. 4. 5. 6. 7. 8. 9. and 10. Sons ] And for default of such Issue to the use of all and every other Son and Sons of the Body of the said C. B. on the Body of the said ● . B. lawfully to be begotten , successively one after the other , as they shall be Born , and shall be in Seigniority of Age ; and the Heirs , Males of their several Bodies lawfully to be begotten . And for default of such Issue to the use and behoof of F. B. second Son of the said A. B. for , and during the Term of his natural Life , without impeachment of , or for any manner of wast : And from and after his decease , to the use of the first Son of the Body of the said F. B. lawfully to be begotten ; and of the Heirs , Males of the Body of such first Son lawfully to be begotten : And for default of such Issue to the use and behoof of the second Son of the said ● . B. lawfully to be begotten ; and of the Heirs , Males of the Body of such second Son lawfully to be begotten : And for default of such Issue to the use and behoof of the third Son of the Body of the said F. B. lawfully to be begotten ; and of the Heirs , Males of the Body of such third Son lawfully to be begotten : [ And so to 4. 5. 6. 7. &c. ] And for default of such Issue to the use and behoof of all , and every other Son and Sons of the said F. B. lawfully to be begotten successively , as they shall be in Priority of Birth , and Seigniority of Age ; and of the Heirs , Males of their several Bodies lawfully to be begotten : And for default of such Issue to the use and behoof of G. B. and his Assigns , third Son of the said A. B. for and during the Term of his natural Life , without impeachment of , or for any manner of wast ; and from and after the decease of the said G. B. to the use and behoof of the first Son of the Body of the said G. B. lawfully to be begotten ; and of the Heirs , Males of the Body of such first Son lawfully to be begotten : And for default of such Issue to the use and behoof of the second Son of the Body of the said G. B. lawfully to be begotten ; and of the Heirs , Males of the Body of such second Son lawfully to be begotten : And for default of such Issue to the use and behoof of the third Son of the Body of the said . G. B. lawfully to be begotten ; and of the Heirs , Males of the Body of such third Son lawfully to be begotten : [ And so to the 4. 5. 6. 7 , &c. Sons ] And for default of such Issue to the use and behoof of all and every other Son and Sons of the said G. B. successively as they shall be in Priority of Birth , and Seniority of Age ; and of the Heirs , Males of their several Bodies lawfully to be begotten : And for default of such Issue to the use and behoof of H. B. fourth Son of the said A. B. for , and during the natural Life of the said H. B. without impeachment of or for any manner of wast , and from and after the decease of the said H. B. to the use and behoof of the first Son of the Body of the said H. B. Lawfully to be begotten ; and of the Heirs , Males of the Body of such first Son , lawfully to be begotten : And for default of such Issue to the use and behoof of the second Son of the Body of the said H. B. lawfully to be begotten ; and of the Heirs , Males of the Body of such second Son lawfully to be begotten : And for default of such Issue to the use and behoof of the third Son of the Body of the said H. B. lawfully to be begotten ; and of the Heirs , Males of the Body of such third Son lawfully to be begotten : [ And so to 4. 5. 6. 7 , &c. Sons ] And for default of such Issue to the use and behoof of all , and every other Son and Sons of the said H. B. successively as they shall be in Priority of Birth , and Seniority of Age ; and of the Heirs , Males of their several Bodies † In case A. B. hath no more Sons born at the time of the limitation . lawfully to be begotten : And for default of such Issue to the use and behoof of the fifth Son of the Body of the said A. B. lawfully to be begotten on the Body of M. B. now Wife of the said A. B. and of the Heirs , Males of the Body of the said fifth Son lawfully to be begotten : And for default of such Issue to the use and behoof of the sixth Son of the Body of the said A. B. on the Body of the said M. B. lawfully to be begotten ; and of the Heirs , Males of the Body of the said sixth Son lawfully to be begotten : And for default of such Issue to the use and behoof of all and every the Son and Sons of the Body of the said A. B. on the Body of the said M. B. lawfully to be begotten successively as they shall be in Priority of Birth and Seigniority of Age ; and of the Heirs , Males of their several Bodies lawfully to be begotten : And for default of such Issue to the use and behoof of the Heirs of the Body of the said A. B. lawfully to be begotten : And for default of such Issue to the use and Behoof of the right Heirs of the said A. E. for ever .

9. Provided Alwayes , and it is fully concluded , Proviso to preserve Estates to Children en ventre samere &c. vide Sect. 15. condescended unto , granted and agreed by , and between all the said Parties to these presents for them and every of them , and for their and every of their Heirs , and the true intent , and meaning of these presents is , notwithstanding any limitation of the use and uses aforesaid : That if it shall hereafter happen the said A. B. or the said C. B. F. B. G. B. and H. B. Sons of the said A. B. or any of them , or any of the Issue ; Male of the several Bodies of them , or any of them inheritable ; or which shall be inheritable , of or to the Premisses before mentioned , by Force of these presents and of the uses before limited and expressed , ( or of or to any part or parcel thereof ) to die and depart this World : The Wife or Wives of them , or any of them being with Child , or concerned with Child , at or before the Time of his or their Death , of or with any such Son or Sons , or Issue Male , as by the true intent and meaning of these presents , or of any the limitations or declarations , of the use or uses aforesaid , should or ought after the decease of his or their Father , to have had any Estate or use of or in the Premisses or any Part thereof , if such Son or Sons , or Issue Male had been born in the Life-Time of his or their Father , that then and from and after the Birth of every such Son or Sons or Issue Male , the said several Fines and Recoveries , &c. Covenanted or mentioned to be had levied , knowledged , or suffered of the said Premisses as aforesaid shall be , and shall be adjudged , construed and taken to be , and also that they the said C. D. E. F. [ here name the Recoverors , Cognizees or Feoffees ] and their Heirs , and the Survivor of them and his Heirs , shall stand , continue and be seized of all and singular the Mannors , Messuages , Lands , Tenements , Rents , Reversions and Hereditaments , and every part and parcel thereof , or of , or in so much of the said Mannors , Messuages , &c. Whereof , or wherein every or any such Son or Sons , or Issue Male so to be born , should or ought by the true intent and meaning of the Limitations or Declarations of the use and uses aforesaid , or any of 〈◊〉 after the Death of his or their Father to have had any Estate or use in the same : If such Son or Sons , or Issue Male had been born in the Life-time of his or their said Father , to and for the use of every such Son and Sons , or Issue Male so to be born as is aforesaid , and that of and under every such Estate , Degree , Order , Course , Quality , Condition and Limitation in all and every respects , and to an intents and purposes ; as , if every such Son or Sons , or Issue Male had been born in the Life-time or Lives of his or their said Father , and with such Remainders and Limitations , over in use , as is before in or by these presents expressed .

15. To the use and behoof of the said A. B. Other Limitations in Taile to the brothers of the Feoffor , &c. and of the Hoirs , Males of his Body lawfully begotten , and to be begotten ; and for default of such Issue , then to the use and behoof of C. B. Brother of the said A. B. and of the Heirs , Males of his Body lawfully begotten , and to be begotten ; and for default of such Issue , then to the use and behoof of D. B. one other of the Brothers of the said A. B. lawfully begotten , and to be begotten : And for default of such Issue , to the use and behoof of A. B. one other of the Brothers of the said A. B. and of the Heirs , Males of the Body of the said F. B. lawfully begotten , and to be begotten . And for default of such Issue then to the use and behoof of the right Heirs of the said A. B. for ever .

11. To the use and behoof of the faid A. B. [ the Feoffor , &c. ] for and during the Term of his natural Life , and from and after his decease to the use and behoof of the said C. B. Son and Heir apparent of the said A. B. for and during the Term of his natural Life , without impeachment of , or for any manner of wast , and with full power to commit wast , and from and after the decease of the said C. B. and of the said A. B. to the use and behoof of E. B. eldest Son of the said C. B. and of the Heirs , Males of his Body lawfully begotten and to be begotten ; and for default of such Issue to the use and behoof of the third Son of the Body of the said C. B. on the Body of I. B. his now Wife begotten or to be begotten ; and of the Heirs , Males of the Body such third Son lawfully to be begotten , &c. [ So to the 4. 5. 6. 7. &c. Sons , ] and for default of such Issue to the use and behoof of all and every other Son and Sons of the Body of the said C. B. on the Body of the said I. B. to be begotten , successively as they shall be in priority of Birth , and seigniority of Age , and of the Heirs , Males of their several and respective Bodies lawfully to be begotten ; and for default of such Issue to the use and behoof of F. B. second Son of the said A. B. and of the Heirs , Males of the Body of the said F. B. lawfully to be begotten , &c. [ so to other the Sons of A. B. [ And for default of such Issue , to the use and behoof of the Heirs Males of the Body of G. B. ( deceased late Father of the said A. B. ) lawfully begotten ; and for default of such Issue , to the use and behoof of the Heirs , Males of the Body of M. B. deceased Grand-father of the said A. B. and for default of such Issue to the use and behoof of the right Heirs of the said C. B. for ever .

12. And it is covenanted , condiscended , and Use en Fee , determinable agreed by , and between the said Parties to these presents ; that the said Recoverie so to be had and executed as aforesaid , and the execution thereof shall be ; and that all other Recovery and Recoveries , Fine and Fines , to be had , suffered , levied , or executed of the Premisses , or any part and parcel thereof , within one Year after the making and executing of the said Estate of the Premisses , to the said C. D. and E. F. and their Heirs as aforesaid shall be ; and that the said C. D. and E. F. and their Heirs , and all and every other Person or Persons , and his or their Heirs , which at any time hereafter shall be seized of the said Messuages or Tenements , and other the Premisses with the Appurtenances ; and of every or any part thereof , by vertue of any Recovery or Recoveries , Fine or Fines as aforesaid , shall stand and be seized of all , and singular the Premisses with the Appurtenances ; to the only uses , and intents hereafter mentioned , and expressed ; that is to say , to the use of the said Until an intended Marriage had . A. B. and his Heirs until the said intended Mariage shall be had and solemnized between him , and the said F. S. And from and after the Marriage had and solemnized , between him and the said E. S. then to the use of the said A. and E. for and during the Term of their natural Lives , and the natural Life of the longer Liver of them , and after their decease to the use of the Heirs of the Bodies of the said A. and E. between them two Special Tail . lawfully begotten , and for lack of such Issue to the use of the right Heirs of the said A. B. for ever .

13. To the use and behoof of the said C. D. Another . and E. F. [ the Cognizees or Recoverors , ] and of their Heirs , until the solemnization of the said Marriage intended , between the said A. B. and E. S. And from and after the said Marriage had , and solemnized to the use and behoof of the said C. D. and E. F. and of their Heirs , for and during the natural Life of the said E. S. and from and after her decease , to the use and behoof of the said A. B. for and during the Term of his natural The Estate Tail vested in the Wife . Life , and after the decease of the said E. S. and A. B. to the use and behoof of the Heirs of the Body of the said E. S. by the said A. B. begotten and to be begotten : And for default of such Issue , to the use and behoof of the said A. B. and of the Heirs of his Body lawfully begotten , and for want of such Issue , to the use and behoof of the right Heirs of the said F. B. [ the father of A. B. ] for ever .

14. Provided nevertheless , and it is the true Use limited until the Heir in Tail come to age , I suppose it was to prevent Wardship . intent and meaning of all the Parties to these presents ; that if the said A. B. shall happen to die , ( living the said E. S. ) leaving any Issue Male of his Body , begotten on the Body of the said E. S. ( being his Son and Heir apparent ) within the Age of 23 Years ; That then , and immediately in every such case after the death of the said A. B. the said Fine and Fines , &c. shall be adjudged , deemed , and taken to be ; and the said Cognizees , and their Heirs , shall stand and be seized of the said Messuages , or Tenements , and Premises , to the use and behoof of the said E. S. until every such Issue as aforesaid , shall accomplish his full Age of 21 Years , if the said E. S. shall and do so lo●g Live , and from and after the decease of the said E. S. to the use of such Person or Persons as the said A. B. shall by his last Will and Testament , or other Writing under his Hand and Seal , limit and appoint the same for and during the said Minority : And after the said full Age , accomplished then to the use and behoof of the said Issue Male , and of the Heirs Males of his Body lawfully to be begotten , &c. with Remainders over .

15. To the use and behoof of the said A. B. Another form of limitation during the Heirs minority , with direction for disposal of the profits until then . for and during the Term of his natural Life without impeachment of or for any manner of wast , and from and after the decease of the said A. B. and during the time that the said C. B. Son and now Heir apparent of the said A. B. or any other being Heir of the said A. B. shall be under the Age of 21 Years ; and until some Heir of the said A. B. shall accomplish the Age of 21 Years , to the use of the said C. D. and E. F. [ the Cognizees or Feoffors , ] and the Survivor of them , and of the Heirs of the Survivor of them ; to the intent and purpose that the said C. D. and E. F. and the Survivor of them , and the Heirs of the Survivor of them , shall take , perceive leavy , possess , and enjoy the Rents , Issues , Profits , Revenues , Commodities , and Emoluments of all and singular the said Messuages , Lands , Tenements , and other the Premisses , with the Appurtenances , and the same to imploy , during such minority or minorities as aforesaid , for and towards the performance , payment and satisfaction of all the Payment of Legacies . Bequests and Legacies to be mentioned , in the last Will and Testament of the said A. B. according to the ten●r purport and true meaning of the said A. B. in and by his said last Will and Testament to be declared ; and to the end , intent , and purpose , that the said C. D. and E. F. and the Survivor of them , and the Heirs of the Survivor of them ; shall likewise with the said Rents , Profits , Revenues , Commodities , Issues , and Emoluments , Coming , growing , and arising of , and out of all and singular the said Messuages , or Tenements , Lands , and Premisses , bestow , and disburse from time to time the competent and necessary charges in the Law , and otherwise for the Defending of the Title defence and maintainance of the Title and possession of all and singular the Premisses , and of every or any part thereof ; and for the reparation and preservation of the Edifices and Buildings in , Reparation of the Buildings . and upon all and every the Premisses , or any part thereof , necessary meet and fit to be disbursed and expended , until some Heir of the said A. B. shall have accomplished the Age of 21 Years . And for the surplusage that shall remain of the said Rents , Issues , Profits , Revenues , and Commodities , over and above the said Legacies and Bequests , to be devised as aforesaid ; and over and above the said disbursements and expences , that the same shall and may remain and come to The Surplusage to remain to the Heir . the use , profit , and benefit of the said C. B. or other Heir of the said A. B. that shall accomplish the full Age of 21 Years ; and after the said C. B. or other Heir of the said A. B. shall have accomplished the said Age of 21 Years : That then the said C. D. and E. F. and their Heirs , shall stand and be seized of and in all and singuler the said Messuage , &c. to the use of the said C. B. or such other heir of the said A. B. as shall so accomplish the said age , and of the heirs males of the body of the said C. B. or such other heir , and for want of such Issue to the use and behoof of the right heirs of the said A. B. for ever .

( 15. ) Make an Indenture tripartite between Away to pres●rve contingent uses in case the particular Estate determine before they come in Esse . A. B. of the first Part , C. D. and E. F. of the second Part , and G. H. and I. K. of the third pa●t : and let thereby A. B. covenant to levy a Fine to G. H. and I. K. of the Mannor of L. &c. And then add — And it is covenanted , granted , condescended , agreed and declared by and between all the said Parties to these presents : That the said Fine or Fines and all other Fine or Fines hereafter to be had and levyed by and between the said Parties to these Presents , or any of them of the said Mannor and Premises , or any Part thereof are meant and intended to be , and immediately from and after the acknowledging and levying of the said Fine or Fines shall be taken , judged and construed to be and inure to the several uses , trusts and purposes hereafter mentioned : That is to say , to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life : And from and after the determination Nota. of the Estate of the said A B. to the use and behoof of the said C. D. and E. F. and their heirs , for and during the natural life of the said A. B. to the end , intent and purpose , and in trust only to preserve the contingent remainders hereafter mentioned : And from and after the decease of the said A. B. to the use and behoof of the first Son of the body of the said A. B. lawfully to be begotten , on the body of E. B his now wife , and of the heirs Males of the body of such first Son lawfully to be begotten . And for default of such Issue to the use and behoof of the second Son of the body of the said A. B. on the body of the said E. B. to be begotten and of the heirs males of such second Son , [ and in like manner to 3 , 4 , 5 , 6 , &c. Sons ] and for want of such Issue to the use and behoof of all and every other Son and Sons of the body of the said A. B. to be begotten on the body of the said E. B. successively one after the other , as they shall be in Seniority of Age and Priority of Birth , and the several and respective heirs males of their bodies , the elder and his heir male of his body to be alwaies preferred before the younger of them , and the heir male of his Limitation for issue en ventre sa mere . body . And for default of such Issue , in case the said E. shall be enseint at the time of the death of the said A. B. then to the use and behoof of the said E. until she shall be delivered of such Child , or die , which of them shall first happen , in trust only for the preservation , of the contingent remainder unto her Son , if she shall be Nota. enseint of a Son : and if such Child shall be a Son , then to the use and behoof of such after-born Son ; and the heirs males of the body of such after born-Son lawfully to be gotten . And Limitation of five hundred years for payment of daughters portions , if no heir male be . for want of such Issue to the use and behoof of the said C. D. and E. F. and their Executors , Administrators and Assigns , for and during the term of five hundred years : And from and immediately after the end of the said Estate or Term of five hundred years to the use and behoof of the said A. B. and the heirs males of his body , and for want of such Issue to the use and behoof of the right heirs of the said A. B. for ever . And as for , touching and concerning the said Estate of five hundred years , herein before limited to the said C. D. and E. F. It is hereby declared , that The Declaration of the trust , as to the Estate of five hundred years . the said Estate is so limited to them as aforesaid in trust , that they the said C. D. and E. F. or the Survivor of them , and the Executors , Administrators and Assigns of the Survivor of them , shall and may out of the yearly and accidental Rents , Issues and Profits of the said Mannor , Farm , &c. herein before limited to them , for the said Term of five hundred years , for default of Issue male , as aforesaid , levy , raise and pay the several Sums hereafter mentioned , as well for the Maintenance and Education , a● for the Portion or Portions of the daughter or daughters of the said A. B. of the body of the said E. ● . to be begotten ( in case there shall be a Failer of Issue male of the body of the said A. B. on the body of the said E. to be begotten ) in such m●nner and form as is hereafter expressed and declarede That is to say , The Sum of One thousand Pound One thousand Pound to one daughter , One thousand a piece if more daughters . of good and lawful Money of England , in case they shall have but one daughter between them two , for the Marriage Portion of such daughter , if such daughter shall not be preferred in marriage , by the said A. B. in his life time : And in case there shall be more than one daughter between them begotten , the Sum of One thousand pound a piece , of lawful Money of England , a piece for every such daughter , that shall not be preferred in Marriage in the life time of the said A. B. the said portion and portions to be payed to them respectively at their several ages of one and twenty years , or respective dayes of Marriage , which of them shall first happen . And in the meantime for the raising and paying to , or Maintenance before Portions payed . for such daughter or daughters , until their several portions shall become due and payable , as aforesaid , necessary and convenient maintenance at the discretion of the said Trustees , or the survivor of them , or the Executors or Administrators of the survivor of them .

And it is concluded and agreed by and between Vpon payment of the Portions the Estate for five hundred . Years to be void . all the said Parties to these presents , and it is the true intent and meaning hereof , that when the several portions and Sums of Money aforesaid , shall be payed and satisfied to the said daughter or daughters , as aforesaid , according to the true intent and meaning of these presents : or if he or they to whom the Remainder or Reversion of the said Mannor , Farm , Lands , Tenements , Hereditaments and Premises shall be , remain or come by vertue of these presents , after the end or exspiration of the said Estate of Five hundred years , shall well and truly satisfie or pay , or cause to be satisfied or payed ; or otherwise , secure to be satisfied or payed unto such Daughter and Daughters the said several sums , as aforesaid , That then immediately , from and after such payment made , or security given for payment of the said sum or sums , to such Daughter or Daughters , as aforesaid , according to the true intent and meaning of these presents , the said Estate or Term of five hundred years , herein before limited , to the said C. D. and E. F. as aforesaid , shall cease , determine , and be utterly void and of none effect .

( 16. ) To the use and behoof of the said Other contingent uses . A. B. for and during the Term of his natural life , and from and after the decease of the said A. B. to the use and behoof of E. B. now wife of the said A. B. for and during the Term of her natural life ; And from and after the decease of the said A. B. and E. his wife , Then to the use and behoof of such of the Children , between them the said A. B. and E. his wife to be begotten , and for such Estates as the said E. by her last Will and Testament , or by any other Writing , To such persons as the Wife by her Will shall appoint . to be seald and subscribed by the said E. B. in her life time , in the presence of two or more credible Persons , shall limit , nominate and appoint : And if no such limitation , nomination or appointment shall be made by the said E. B. in her life time , then to the use of the Heirs of the Bodies of the said A. B. and E. ● . between them lawfully to be begotten . And for want of such Issue to the use of the right Heirs of the said A. B. for ever — To the use and behoof of such Person and Persons , and for such Estate To such as the Husband appoints by Will . and Estates , and for such part and parcel of the Premisses , as the said A. B. shall by his last Will and Testament in Writing , in the presence of two or more credible Persons , appoint , limit or declare , and for default or want of such Declaration , Limitation or Appointment , or for such Part of the Premisses , whereof no such Declaration , Limitation or Appointment , shall be to the use and behoof of , &c.

CHAP. VIII . Power given to Cestuy que use for life , to make Joyntures , Leases , &c.

( 1. ) PRovided always , and it is concluded To settle a Joynture upon future Wife or Wives . and agreed by and between the said Parties to these presents , for them and their Heirs , That if the said A. B. [ being a person to whom an Estate was limited for life , with remainders over ] shall fortune to over-live the said E. B. his now wife , and do after intend to marry again , That then and from thenceforth , it shall and may be lawful to and for the said A. B. at all times during his natural life , to assign , limit or appoint such and so much of the said Mannor of C. with Thappurtenances , and of the said Lands , Tenements , Rents , Reversions , Services and Premisses in C. aforesaid , as he the said A. B. shall think fit ( so that the same exceed not the clea● yearly value of One hundred pounds by the year , over and above all Charges and Reprises ) to and for the use of any Woman who shall fortune to be his lawful Wife , at the 〈◊〉 of his decease , for and during the Term of the natural life of such wife , for and in the name of her Ioynture . And that from and after such use , limitation or appointment so to be made to or for any such Wife : All and every the said Assurances and Conveyances of the Premisses in C. aforesaid , so to be had , made and executed , as is aforesaid , concerning such and so much thereof only , whereof any such appointment or limitation , by virtue of this Proviso , shall be so had or made , shall be and inure : and the said C. D. and E. F. [ who are Cognizees or Feoffee● , &c. ] and their Heirs , and the Survivors and Survivor of them , and his and their Heirs , shall stand and be seized thereof to the use of such wife , for and during the term of her natural life , according to the true intent and meaning of such limitation or appointment , any thing in these presents contained to the contrary thereof in any wise notwithstanding : And after such use or Estate ended or determined , then to the use of every such person and persons , and in such manner and form , and with such Remainders , Over-uses and Limitations , and under all and every such Conditions and Provisoes , as the same should have been , if no such limitation or appointment , by virtue of this Proviso , had been made , limited or appointed — Or thus : And after the end or determination of Estate to the use of such Person and Persons to whom the same ought to remain , by the true intent and meaning of these presents .

( 2. ) To the use of the said A. B. [ being the Another Feoffor ] for and during the term of his natural life , and from and after his decease , to the use and behoof of the said C. B. son and heir apparent of the said A. B. for and during the term of his natural life [ with remainders over in Tail ] Provided alwaies , and it is hereby declared and agreed , by and between all and every the Parties to these presents , and the true intent and meaning of them and of these presents is , That for the better advancement and preferment in Marriage of the said C. B. it shall and may be lawful to and for the said C. B. at any time or times during the term of his natural life by Indenture , or by any Deed or Deeds , Writing or Writings , to be by him the said C. B. sealed and subscribed in the presence of two or more credible witnesses , to declare , limit and appoint all or any the said Mannors , Messuages , Lands , Tenements , Rents , Hereditaments and Premisses , with their appurtenances , to or for the Ioynture of any Wife or Wives , with whom the said C. B. shall hereafter intermarry , for the life or lives of such Wife or Wives , or for any number or term of years determinable upon her or their life or lives , the same to take effect from and after the death of the said C. B. And that then and so often , and from thenceforth , the said Recovery or Recoveries shall be and inure , and the Recoveror and Recoverors therein named , his and their Heirs , of and in the said Mannors , Messuages , Lands , Tenements and Hereditaments , or of or in so much or such part thereof , of , for or concerning which such Indenture , Deed or Deeds , Writing or Writings shall be made by the said C. B. as aforesaid , for the Ioynture of such wife or wives , shall stand and be seized to the use of such wife or wives , for and during the life or lives of such wife or wives , according to the true intent and meaning of the same Indenture , Deed or Deeds , and Writing ▪ or Writings , and according to the intent and true meaning of these presents . And after the end or determination of such Estate to the use , &c. vide Sect. j. of this Chapter .

( 3. ) Provided alwaies , and it is Covenanted Another to settle by Deed or last Will , for a Joynture . and agreed by and between the said Parties to these presents , that it shall and may be lawful to and for the said A. B. ( the Father ) at any time or times hereafter during his life , by his last Will and Testament , in writing or otherwise , by his Deed in his life time lawfully executed , to assure , appoint , limit and convey to any lawful wife or wives , which the said A. B. shall hereafter fortune to marry , for term of the life onely of such wife or wives ; or to any other person or persons , to the use of any such wife or wives , for term of the life only of such wife or wives , for or in the name of a Ioynture or Ioyntures , a full third part of less , or so much as shall amount unto a full third part or less , of all that his said Mannor of , &c. And that then and from thenceforth the said Fine or Fines shall be and inure , and the said Cogniz●es therein to be named , their and every of their Heirs , of and in such part and proportion of the said Mannor , for or concerning which , such assurance shall be made for the Ioynture of such wife or wives , according to the intent and true meaning of these presents , shall stand to be seized to the use of such wife or wives , for and during the life or lives of such wife or wives , according to the intent and true meaning of such assurance , be the same by Deed executed in the life time of the said A. B. or by his last Will and Testament , as aforesaid , &c. vide Sect. j. of this Chapter .

( 4. ) The uses being supposed to be limited Another , whereby power is given to the Father to settle Land upon future Wives ; and to Son to settle a Rent for a Joynture . to the Father for life , and after to the Son for life , with Remainders over in Tail : Then add : Provided alwaies , and it is fully concluded and agreed by and between all & every the said Parties to these presents , for themselves , their Heirs and Assigns respectively by these presents : and also the true intent and meaning of these presents , and of the said Parties hereunto , and of the said Fine , Recovery , and other the Covenanted or intended Conveyances and assurances , is , and so for ever shall be adjudged and taken to be : And also the said C. D. E. F. &c. and the Survivors and Survivor of them , his and their Heirs , and all and every other person or persons , his and their Heirs , which now are , or stand seized , or hereafter shall stand and be seized of and in the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , and of and in every or any part thereof , by force of these presents , and of the said Fine , Recovery , and intended Conveyances and Assurances before mentioned , and every or any of them , and their and every of their Heirs shall stand and be seized thereof , and of every part thereof with Thappurtenances , to and for such use , intent and purpose ( notwithstanding any of the former use or uses , in or by these presents , before limitted , daclared or appointed ) As well that it shall and may be lawful to and for the said A. B. at any time or times during the term of his natural life , The power given to the Father . by any his Deed or Deeds in writing , or by his last Will and Testament in writing , to grant ▪ convey , assure , beque●th , limit or appoint such and so much of the said Hereditaments and Premisses , not exceeding in the whole one third part thereof , as to himself shall seem meet or convenient , unto or for the use of any lawful wife or wives of the said A. B. whom he shall hereafter fortune t● marry , for and during the term of the natural life or lives of such wife or wives , for or in the name of her or their Ioynture , or in satisfaction of her or their Dower , of and in the said Hereditaments and Premisses .

( 5. ) And also , that it shall and may be lawful Power to the Son to settle an Annual Rent on his Wives . to an● for the said C. B. from and after the decease of the said A. B. at any time or times thenceforth , during his natural life , by any his Deed or Deeds in writing , or by his last Will and Testament in writing , respectively to grant , convey , assure , bequeath , limit or appoint one Annual or yearly Rent of One hundred and fifty pounds of good and lawful Mony of England , with or without clause of Distress , to be issuing and going out all or any the said Hereditaments and Premisses , or out of any part or parcel thereof , as t● himself shall seem meet and convenient unto o● for the use of M. his now wife , or to or for the use of any other wife or wives of the said C. B. whom he shall hereafter fortune to marry , for and during the term of the natural life or lives of the said M. or of such other wife or wives , for or towards her or their Ioynture or Ioyntures , and in satisfaction of her or their Dower or Dowers : ( such of the said Premisses as shall be hereafter conveyed , assured or limited , to or for the use or uses of any wife or wives of the said A. B. pursuant to the true intent and meaning of these presents , for and during the life or lives of such wife or wives onely excepted and foreprized . )

( 6. ) Provided always , and it is the true intent Another to settle a Rent for a Joynture and meaning of these presents , and of all and every the Parties hereunto , That it shall and may be lawful to and for the said A. B. by any Writing or Writings sealed with his Seal , and subscribed by him , and duly executed in the presence of three Witnesses at the least , to give , grant , limit or appoint , to or to the use of every or any Woman , that is 〈…〉 r shall be hereafter his lawful Wife , one Annual or yearly Rent , not exceeding the yearly sum of One hundred pound , to be issuing and growing out of the said Mannors , &c. or any part of them , or either of them , so to be conveyed and assured as aforesaid , To have and to hold the said Annual or yearly Rent , to any or every such Woman , for Term of her natural life , for and in the name of her Ioynture , the same to be paid at the Feasts of , &c. yearly , by even and equal portions : and the first Payment thereof to begin at such of the said Feasts , as shall next happen after the decease of the said A. B. And that then and from thenceforth the said Fine or Fines shall be and enure , and the said C. D. and E. F. and their heirs , shall stand and be seised of and in the said Mannors , &c. so to be charged as aforesaid , to the use , intent and purpose Distress . aforesaid : and that every such Wife or Wives , to whom or to whose use any such Grant or Limitation shall be made , and her Assigns , shall and may from time to time , for non-payment of the said Rent , enter into and upon the said Lands and Tenements , so to be charged for the same Rent and Arrearages thereof , as in case of a Rent-Charge : and the Distress and Distresses so had and taken , to lead , drive , bear , carry away , detain and keep , until she or they shall be of the said Rent and Arrears thereof ( if any shall be ) fully satisfied , contented and paid .

( 7. ) Provided always , and it is likewise further Another to settle Lands in certain , with reservation of a Rent to be paid by the Wife . Covenanted , granted and fully agreed , by and between the said Parties to these present Indentures , for them and their heirs by these presents , That it shall and may be lawful to and for the said A. B. by any Writing Indented by him , seal'd and duly executed , to assign , limit and appoint the said capital Messuage or Mans●on House of B. aforesaid , and the Lands thereunto belonging , with the Appurtenances , to the use of the said E. B. his now Wife , for Term of her natural life , reserving and appointing by the said Indented Writing , the yearly Rent of Ten pounds of lawful moneys of England , to be paid for the same , from and after the death of the said A. B. yearly , during the life of the said E. B. at Two usual Feasts or Terms of the year , by equal portions , at the said Capital Messuage of B. aforesaid , to the said C. B. the Son of A. B. and the heirs males of the body of the said C. B. lawfully begotten or to be begotten , and after to such person and persons , as by the limitation herein before set forth , shall have the said House and Lands , the first Payment thereof to begin at such of the said Feasts , as shall first happen after the decease of the said A. B. And that from and after such limitation or appointment so had or made , the said Assurances and Conveyances shall be , and the said C. D. E. F. &c. and their heirs , and the survivors and survivor of them , and his and their heirs , shall stand and be thereof seised , to the only use and behoof of the said E. B. and her Assigns , according to such limitation as shall be so had or appointed , so that the said E. B. and her Assigns , do pay or cause to be paid yearly during Use limited , after the particular Estate ended . her life , the said sum of Ten pounds , in manner and form before mentioned , expressed and appointed : and from and after the death of the said E. B or of the determination of her Estate , or use therein by any ways , then to the use of the said C. B. and of the heirs males of his body , lawfully begotten or to be begotten , and after to the use of such Person and Persons , and in such ●anner and form , and with all such Remainders , Over-Vses and Limitations , and under all and every such Conditions and Provisoes , as the same should have been , if no such Assignment , Appointment or Limitation , by force of this Proviso , had been thereof made or appointed .

( 8. ) Provided always , That it shall and may Another more brief . be lawful to and for the said A. B. from time to time , during his natural life , by his sufficient Deed or Deeds in writing , or by his last Will and Testament in writing , to give , grant , devise , lease , limit , dispose or appoint , to and for the use and benefit of any Wife or Wives , whom the said A. B. shall happen to marry , for the Term of her natural life for a Ioynture , such and so much of the said Mannors , Lands , Tenements and Hereditaments , as to him shall seem meet ( not exceeding one third part in value of the whole ) and that in every such case the said C. D. and E. F. and the survivor of them , his and their Heirs and Assigns , shall stand and be seised of such of the said Mannors , Lands , Ten●ments and Hereditaments , as shall be so given , granted , devised , leased , limited or appointed , to the use of such Wife or Wives , for and during the natural life of such Wife and Wives , and for and during such Estate and Estates as shall be so given , granted , devised , leased , limited or appointed , in manner and form aforesaid , and under such Covenants , Conditions and Provisoes , as in such Writing or last Will shall be contained and expressed , and after the end or determination of such Estate or Estates , to the use of such Person or Person , to whom the same ought to be and remain , by the true intent and meaning of these presents .

( 9. ) As to for and concerning the said Mannor Another Proviso , for future Wives , by way of limitation of Use . or Farm of B. to the use of the said C. B. for and during the Term of his natural life , without impeachment of or for any manner of waste , and from and after his decease , to the use and behoof of the said E. B. his Wife , for and during her natural life for her Ioynture , &c. and from and after the decease of the said C. B. and E. B. for and concerning the said Mannor or Farm , or so much of the same as the said C. B. shall at any Time or Times during his life , by one or more Writing or Writings under his Hand and Seal , seal'd and executed in the presence of three credible Witnesses , limit and declare for a Ioynture , for such other Wife as he shall have at the time of his decease , to the use of such Wife , for and during her natural life for her Ioynture : And for and concerning the residue of the said Mannor or Farm , not so limited by such Writing or Writings , from and after the decease of the said C. B. and E. his wife : And for and concerning so much of the said Mannor or Farm as shall be so limited by such Writing or Writings , from and after the decease of the said C. B. and E. his wife , and from and after the decease of such other wife as the said C. B. shall have at the time of his decease , to the use and behoof of the first Son of the body of the said C. B. lawfully to be begotten , and of the heirs Males of the body of such first Son lawfully to be begotten , &c. to the tenth Son , and the Heirs of the body , of such tenth Son lawfully to be begotten : And for want of such Issue , to the use and behoof of all the Daughters Use to Daughters . of the body of the said C. B. lawfully begotten , and to be begotten , and of the several and respective Heirs of the bodies of such Daughters lawfully begotten , or to be begotten , &c.

( 10. ) Provided alwaies , and it is fully Covenanted , P●wer giv●n to cestuy que use for life , to make Leases . concluded and agreed , by and between all the said Parties to these presents , for them , their Heirs and Assigns , That it shall and may be lawful to and for the said A. B. And that the said A. B. shall have power and authority from time to time , and at all times hereafter , at his will and pleasure , during the term of his natural life , by his Deed or Deeds in writing , to demise , grant , and to farm , let , all or any , the said Messuages , Lands , Tenements and Hereditaments , and every or any part of parcel thereof , as well in possession as in Reversion , or in Possession or in Reversion unto any Person or Persons , for one , two or three lives , or for any number of years The time for how long he may demise . determinable upon one , two or three lives , or for the term of twenty one years , under such Rents , Reservations , Covenants , Conditions , Limitations and Agreements , as to him shall s●em meet , or without any Rent , Reservation or Condition at his will and pleasure ; and that when and so often as any such Demise , Grant or Lease , shall be made by the said A. B. of the Premisses , or any part or parts thereof , the said C. D. E. F. The Cognizees , or Feofsees to stand seized to the use of the Lessees . G. H. &c. and every of them , and the Survivors and Survivor of them and every of them , and his and their Heirs and Assigns , shall stand and be seized of such part , parts and parcels of the said Messuages , Lands , Tenements , Hereditaments and Premisses , as shall be so Demised , Leased or Granted , immediately from and after such Demise or Demises , Lease or Leases , Grant or Grants made , to the use and behoof of every such person and persons to whom any such Demise or Demises , Lease or Leases , Grant or Grants shall be so made , and of their Executors , Administrators and Assigns respectively , onely for and during the continuance of the Estate and Estates , Term and Terms , Interest and Interests to be expressed in such Lease , Demise or Grant , Leases , Demises or Grants , and under such Rent or Rents , Reservation or Reservations , Condition or Conditions , Limitation or Limitations , as in or by such Lease or Leases , Demises or Grants , shall be limited , expressed or contained respectively , according to the intent , purport and true meaning of every such Rese●vation , Condition or Limitation . And of the Reversion and Reversions , Rents and Services reserved and depending upon the said Leases and Grants , and also after the end and expiration of every such Demise , Lease and Grant to be made , and as the same shall respectively end and determine , Then of all and every such part and parts of the Premisses as shall be so Demised , Leased or Granted , as aforesaid , to the use of such person or persons , and in such manner and form , and of such Estate and Estates , with such Remainder and Remainders over , as are before , herein and hereby limited and declared , and to none other use , intent or purpose whatsoever .

( 11. ) Provided alwaies , and it is fully concluded , Power given to cestuy qu● use for life , and his issue to make Leases and Joynture . condescended unto , granted and agreed , by and between all and every the said Parties to these presents , for them and every of them , and for their and every of their Heirs , and the true intent and meaning of these presents is , notwithstanding any limitation of the Vse or Vses aforesaid , that it shall and may be lawful to and for the said A. B. and also to and for the said C. B. his Son , and to and for all and every the Issue Males , or Females of the Body of the said C. B. being seized of the Premisses , or any part thereof , in his , her or their Demes●e , as of Freehold or F●e Tail , by force of any the Vses or Limitations herein before expressed , by his , her , their or any of their Deed or Deeds Indented , By Deed , or by last Will . to be sealed and executed in the presence of two or three credible Witnesses , or by his , her , their or any of their last Will and Testament in writing , to be sealed and subscribed with his , her , their , or any of their Hand or Hands , and pronounced and affirmed in the presence of three or more lawful Witnesses , to be his , her , or their last Will , to make any Demise or Demises , Lease or Leases , Devise or Devises , of such of the said premisses , or of such part thereof , as whereof the said A. B. and C. B. or any issue male or female of the body of the said C. B. shall be then se●s●d of ; in actual and real possession ( the chief House Exception . called C. and the De●esnes of the said Mannor of C. &c. before , in , and by these presents limited , expressed and appointed for the Ioynture of the said E. B. only excepted ) to any Person or Persons whatsoever : To have and to hold the same , from and after the Time of the making of such Deed or Deeds , Lease or Leases , Devise or Devises , or any of them , to any Person or Persons , for and during the Term of eighty years , or any lesser Term of years , so as the same Lease or Leases , Devise or Devises , be So as the Leases , &c. be not without impeachment of waste . not made without impeachment of waste , by any special Covenant , clause or matter for that purpose , to be contained within any such Deed or Deeds , or last Will and Testament , and so as the same be made in such sort , as that the same do or shall end , determine or expire , by or upon the death or deaths of any one Person , or of two Persons , or of three Persons at the most : or otherwise from and after the Time of the making of such Deed or Deeds , or last Will and Testament , for and during the Term or Terms of one and twenty years at the most , or for any lesser Term of years , from the Time of the making of such Deed or Deeds , or last Will and Testament . So as upon such Leases the now Rent be reserved , to the next in reversion And so that in or upon every such Demise or Demises , Lease or Leases , Devise or Devises , to be made for twenty years or under , or for the Term of eighty years or under , determinable upon the death or deaths of one , two , or three Persons , as is aforesaid , there be reserved and limited , to be paid yearly during such Term or Terms , to such Person or Persons for the Time being , to whom the immediate freehold of the things so to be demised , letten or devised , by the intent and true meaning of these presents , shall from Time to Time , during the continuance of such Term or Terms , appertain , such yearly Rent or Rents , and other Services , Boons , Customs and Averages , or more , as are at this present yearly answered , paid or done , for the said premisses , by the now Tenants , Farmers , or occupiers of the sam● .

( 12. ) And further also , That it shall and To make a Joynture . may be lawful to and for the said C. B. and for every or any Son or Sons , heirs male or issue male of the body of the said C. B. and for every Son and Sons and issue male of the several bodies of the said Sons and issue male , being then seised in their or any of their Demesne , as of Freehold or in Tail , by force of any the Vses or Limitations herein before expressed , of or in any of the said Mannors , Messuages , Lands , Tenements and Hereditaments , herein before expressed , or of any part or parcel thereof , in or by his or their or any of their Deed or Deeds , Indented by him or them , to be seal'd , subscribed and duly executed in the presence of two or more lawful and credible Witnesses at the least , or by his their or any of their last Will and Testament in writing , by him or them to be seal'd and subscribed , and pronounced or affirmed to be his or their last Will or Wills , in the presence of two or more credible Witnesses , to appoint , limit , give or devise any part of such , and so much of the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , with the Appurtenances , as he or they shall then so stand and be seised of , as is To settle a Joynture , not exceeding 200 l. per ann. aforesaid , not exceeding in ancient yearly value or Rent the sum of two hundred pounds by the year , to or for any Woman or Women , which they or any of them shall at any Time or Times hereafter lawfully espouse , marry , or take to his , their , or any of their Wife or Wives , for her or their Ioynture , or in satisfaction of Dower , during the natural life or lives onely of such Woman or Women , so as the said Gift , Devise , Limitation or Appointment , for Ioynture or Ioyntures be not made without impeachment of Wast , by any special Covenant , clause or matter for that purpose , to be contained in any such Deed or Deeds , or last Will . And it is further gra●ted , condescended and fully agreed unto , by and between The Cognizees , &c. to stand seized to the use of Lessees , &c. all and every the Parties to these presents , for them and their Heirs , that the several Fines and Recoveries , before , in and by these presents Covenanted , mentioned , meant , intended or specified , to be had , made , acknowledged , ●●vyed or suffered , of the Premisses , and of every or any part or parcel thereof shall be judged , construed , deemed and taken to be : And also that they the said C. D. E. F. &c. and their Heirs , and the Survivor and Survivors of them , his and their , and every of their Heirs , shall stand and be seized : Of , for and concerning such and so much of the said Mannors , Lands , Tenements , and other the Premisses as shall be so Demised , Letten or Devised for any Term of years , as aforesaid , and according to the true intent and meaning of these presents , To the use and behoof of all such and so many of the Person or Persons , and of their Executors , Administrators and Assigns , to whom such Demise or Demises , Lease or Leases , Devise or Devises , for any such term or terms of years , shall be made , according to the intent and true meaning of every such Demise , Lease or Devise so thereof to be made , and in such sort as shall be limited , expressed or intended , in or by such Demise , Lease or Devise : To have , hold and enjoy the things to him or them so to be Demised , Leased or Devised , for and during only such and so long time , or term or terms , for the which such Demise or Demises , Lease or Leases , Devise or Devises , shall be so made , as aforesaid , so as every such Person or Persons to whom such Demise or Demises , Lease or Leases , Devise or Devises , shall be made as aforesaid , and his and their Executors , Administrators and Assigns , having sufficient notice and knowledge , to whom the same by the true intent and meaning of these presents , shall So as they pay their Rents . of right belong and appertain , shall well and truly pay , or cause to be paid , to such Person or Persons for the time being , to whom the next and immediate Reversion or Remainder of the thing or things , to him or them so to be Demised , Letten or Devis●d , shall during such term or terms appertain , the yearly Rent or Rents , in or by such Demise , Lease or Devise to be reserved , or mentioned to be reserved , at the day or days , and according to the clause of Reservation therein to be contained , limited and appointed , or within one and twenty days at the furthest , next after lawful demand made of and for the said Rent or Rents , at the time or times when the same shall be due and payable , according to the purport and true meaning of such Demise or Demises , Lease or Leases , Devise or Devises . And that of , for Cognizees to stand seized to the use of Wife or Wives , &c. and concerning such of the Premisses aforesaid , as shall be by the said C. B. or any Issue Male of his body , or the Issue Male of such Issue , according to the purport , effect and true meaning of these presents , limited , appointed , given , disposed or devised , to or for the Ioynture or Ioyntures of any such Woman or Women , which they or any of them shall lawfully marry as aforesaid , To the use and behoof of every such wife or wives , for and during the term of the natural After the Leases , &c. determined then to the former uses . life or lives of such wife or wives . And as the said several Vses , Provisions and Limitations herein before expressed , by the true meaning and intent of these present Indentures shall severally end and determine , Then to the use of such Person and Persons , as by the true intent and meaning of any the Limitations aforesaid , should or ought to have had the same , if no such Limitation , Guift , Lease , Devise or Appointment had been done or made , and for such Estate and Estates , and in such order , form , course , quality and degree , and with such Remainder and Remainders thereof , over and by , upon and under such Provisoes and Limitations , as are hereni before setforth and declared .

( 13. ) Provided alwaies , and it is further Another , to Lease I and setled in Joynture , at the Rents agreed upon in a Sch●dule . Covenanted , granted , concluded and fully agreed , by and between all and every the said Parties to these presents , and it is the true intent and meaning of these presents , and of the Parties to the same , that it shall and may be lawful to and for the said A. B. at all and every time or times hereafter , when , and as often as it shall please him , by any Writing or Writings , to be sealed and subscribed by and with the Hand and Seal of the said A. B. and by and with the Hand and Seal of the said E. his wife , and whereunto the said E. shall be Party , in the presence of three or more sufficient Witnesses , and not otherwise . And also that it shall and may be lawful to and for the said A. B. at any time after the decease of the said E. by any Writing or Writings , by him to be sealed and subscribed in the presence of three or more sufficient Witnesses , and not otherwise , to make any Lease or Leases , Demise or Demises of so much of the said Mannor of D. and other the Premisses in D. aforesaid , as is limited or appointed , to or for the Ioynture of the said E. or of any part or parcel thereof , to any person or persons , or for any term or terms of years , not exceeding the term of one and twenty years , to take effect immediately from the making of such Lease or Leases , Demise or Demises , so as upon every such Lease or Leases , so as aforesaid to be made , such and so much yearly Rent or Rents , or more , shall be reserved for every parcel or parcels of the Premisses , so to be Demised as is mentioned and expressed in a Writing Indented , bearing Date with these presents , to one part whereof the said A. B. hath set his Hand and Seal , and to the other part whereof the said , &c. hath set his Hand and Seal , by which said Writing , the said Premisses so meant or intended to be Demised are rated and valued at to be yearly worth . And that at all R●coveries , &c. to be to the use of the Lessees . times from and after the said Lease and Leases , Demise and Demises , so to be had and made as aforesaid , the said Recovery and Recoveries before mentioned shall be , and shall be adjudged , deemed and taken to be , and the said Recoverors , and their Heirs , and all and every other Person and Persons , and their Heirs then standing , and being seized , or which at any time from thenceforth shall stand or be seized of , or in so much of the said Mannor and Premisses , as shall so happen from time to time , to be Leased or Demised in manner and form aforesaid , and according to the true meaning of these presents , shall from thenceforth stand and be seized thereof , and of every part and parcel thereof , to the use and uses of all and every such Person and Persons , to whom any such Lease or Leases , Demise or Demises shall be made , as aforesaid , their Executors , Administrators and Assigns , for and during the continuance of all and every the said Lease and Leases , Demise and Demises , so long as the said Lessee and Lessees , his and their Executors . The Lessees paying their Rents . Administrators and Assigns , shall and do well and truly satisfie and pay the Rents reserved , in and by the said Lease and Leases , Demise or Demises : And from and after the expiration of all and every the said Lease and Leases , Demise and Demises , to be had and made as aforesaid , and as they shall severally end and determine : Then and from thenceforth to such further use and uses , purposes and intents , as be thereof before in these presents expressed and declared , and as by the true intent and meaning of these presents they should or ought to have done , if no such Lease or Leases , Demise or Demises had been thereof at any time had or made , any matter or thing herein before contained , to the contrary thereof , in any wise notwithstanding , &c. In witness , &c.

( 14. ) Provided also , and it is Covenanted , Another to make Leases at such Rents as Lessor pleaseth . granted , concluded , agreed , and declared , by and between all the said Parties to these presents , That it shall and may be lawful to and for the said A. B. from time to time , and at all or any time or times , during his natural life , by any Indenture or Indentures , to make any Demise or Demises , Grant or Grants , of the said Premisses , or of any part or parcel thereof , alone or amongst other things , as well in Possession as in Reversion , for the term of One and twenty years or For 21 years , or 3 lives . under , or for one , two or three life or lives , or for any term or number of years determinable , upon one , two or three life or lives , at , for and under such Rents , Covenants and Conditions , as to him the said A. B. shall seem meet , so as the said E. B. [ wife of the said A. B. ] be made Party to So as the wife be Party . every such Indenture , whereby any such Demise or Grant shall be made , during the life of the said E. B. And that the said E. B. do seal and deliver every such Indenture , And that at all times , from and after the making of such Indenture or Indentures of Demise or Demises , Grant or Grants , the said Fine so to be levyed , as aforesaid , and the Cognizees to stand seized to the use of the Lessees . Cognizees of the said Fine , and their Heirs , and the Heirs of the Survivor of them shall stand and be seized of and in such part or parts , as shall be so Demised or Granted to the use and behoof of every such Lessee or Lessees , Grantee or Grantees , their Executors , Administrators and Assigns , to whom any such Demise or Demises , Grant or Grants shall be so made , and according to the true intent and meaning of every the same several and respective Demise or Demises , Grant or Grants , so as the same Lessee or Lessees , Grantee or Grantees , their Executors and Assigns , shall and do pay the Rents and perform the Covenants and Conditions in such Indentures of Demise or Grant to be specified and contained , according to the intent and true meaning of the said Indentures : And after the end or determination of such Estate or Estates , then to the use of such Pe●son and Persons to whom the same ought to remain by the true intent and meaning of these presents .

( 15. ) Provided always , and it is the true Another form to give power to make Leases for such Term and under such Rent as Lessor pleaseth . intent and meaning of these presents , That if the said A. B. shall at any time hereafter ●uring his life-time , demise , grant or lease the said Messuages , Lands , Tenements , Hereditaments , and other the Premisses , before by these presents granted or assured , or any part or parcel of them , by his Deed Indented under his Hand and Seal , for the term of any year or years , life or lives , and under such Rents and Covenants as he shall think fit : that then and immediately from and after every such Demise , Lease or Grant , so to be made by the said A. B. the said C. D. E. F. &c. and their heirs , shall stand and be seised of such leased Premisses , to the use and behoof of the said Lessee and Lessees , Grantee and Grantees , and every of them , and of their several Executors Administrators and Assigns , during the term and space mentioned in the said several Leases , Grants and Demises respectively , so that the yearly Rent or Ren●s mentioned or reserved So that the Rent be paid to Lessor and those in Remainder . by the said A. B. in such Lease or Leases , Demise or Demises , Grant or Grants , be yearly paid to the said A. B. during his natural life , and after his decease , to such person or persons , as by the purport and true meaning of these presents , ought to have the Reversion or Remainder , Reversions or Remainders of the Messuages , Lands , Tenements and Hereditaments , so to be leased or granted at the several days , in every such Lease or Grant , to be expressed or set down for payment thereof , or within twenty days after every such day or days , and request made for payment thereof by the said A. B. or by the said person or persons , in Reversion or Remainder . And so that the said Lessees and And so that the Lessee perform the Conditions in such Lease mentioned . Cognizees to stand seised of the Reversion , and of the thing as it falls into possession . Grantees , their respective Executors Administrators and Assigns , do well and truly perform the Conditions to be comprised in the Indenture or Indentures of their said several Leases , Demises or Grants , according to the effect , intent and true meaning of the same Indenture or Indentures . And that the said C. D. and E. F. &c. and their heirs , shall stand and be seised of the Reversion and Remainder , Reversions and Remainders of the said Messuages , Lands , Tenements and Hereditaments , so to be leased or granted as aforesaid , and after the end or determination of such Lease or Leases , then of the said Messuages , Lands , Tenements and Hereditaments , so to be leased or granted to such uses and intents , as the said C. D. E. F. &c. should have stood or been thereof seised , by the purport , intent and true meaning of these presents , if no such Lease or Grant had been thereof made , and that of and for such Estate and Estates , in such order and degree , with the same Remainder and Remainders , and in such manner and form , to all intents and purposes , as they should have stood and been thereof seised , by the purport and true meaning of these presents , if no such Lease or Grant had been thereof had or made .

( 16. ) After uses limited as followeth ( viz. ) Another for such Term and under-Rent , or no Rent , as Lessor pleaseth . to the use of the said A. B. for and during the term of his natural life , without impeachment of waste , &c. [ with Remainders over ] Provided always , and it is agreed by and between all the parties to these presents , and by them and every of them hereby declared to be their true intent and meaning , that it shall and may be lawful to and for the said A B. at any time or times during his natural life , to make any Demise , Lease or Grant , Demises , Leases or Grants , by Indenture or Indentures ( to be by all the parties thereunto duly executed ) of all or any part of the said Messuages , Lands or Premisses , either in possession or reversion , or otherwise to any person or persons whatsoever , for any term or terms of years , or for the life or lives of any one or more person or persons , or for any term or terms of years , determinable upon the death or deaths of any one or more person or persons , or for any other term or terms of years whatsoever , as by the said A. B. shall be thought fit or convenient . And that from and immediately after the making Cognizees , &c. to stand seised to the use of Lessees and executing of such Demise , Lèase or Grant , Demises , Leases or Grants , the said C. D. E. F. &c. and the survivors and survivor of them , and his and their heirs , shall stand and be seised of all , or such part , and so much of the said Messuages , Lands , Tenements and Premisses , as shall be at any time or times hereafter leased or demised as aforesaid , to the use of such person or persons ●espectively , to whom any such Demise , Lease or Grant , shall be so made , for such Estate , term and interest , and in such manner and form , as the same shall happen to be so leased , demised or granted , according to the true intent and meaning of these presents , and of every such Demise , Lease or Grant . So as such Lessee or Lessees , Grantee or Grantees , during his or their several Lease or Leases , Grant or Grants , So as Lessees pay their Rents . or Interests , respectively do pay or cause to be paid the Rent or Rents , or sum or sums of money , reserved or appointed to be paid in and by the Indenture or Indentures of his and their Lease and Leases , Grant and Grants , respectively to such person or persons , to whom the same from time to time shall by the purport and true meaning of these presents belong or appertain , according to the purport and true meaning of such Lease and Leases , and that the said C. D. and E. F. &c. shall stand and be seised of the Reversion , vide Sect. 15. &c.

( 17. ) Provided always , that it shall and may Another for 21 years , or 3 lives , under the ancient Rents , and chargable with Rents , &c. before charged , &c. be lawful to and for the said A. B. [ being Cestuy que use for life ] from time to time , and at all times hereafter , during the term of his natural life , by his Deed or Deeds lawfully executed , or otherwise , by his last Will and Testament in writing , to Lease , Grant or Demise , give , dispose , limit or appoint to any Person or Persons whatsoever , All , every or any the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , with Th' appurtenances [ the chief House called B. and the Demesnes of the said Mannor of B. before , in and by these presents limited , expressed and declared , for the Ioynture of the said M. onely excepted ] for and during the term of One and twenty years , or for some shorter or lesser Term of years , or for the term of one , two or three lives , or for any number of years determinable upon one , two or three lives , charged Charged with Rents and Payments , &c. nevertheless , or chargable with such Rents , sums of Mony and Payments , as before or after in these presents are appointed , limited or declared to be payed , levyed , or issuing out of the same , or any part thereof , as in these presents is mentioned and declared , so that all and every such Lease and Leases , Devise and Devises , or any of them , be not made to be without impeachment of Waste , Not to be made without impeachment of Waste . by any special Clause , Proviso or Covenant therein to be contained , and that every such Lease , Grant , Demise or Devise so to be made , be made of Lands or Tenements in Possession , usually letten to farm by the space of Twenty years last past , and not of any Lands in Reversion . And so that upon every such Grant , lease , devise or demise , the old and accusto●ed Rent and Rents , Boons , Arrearages , Customes and Old Rent , or more to be reserved . Services , or more , be reserved to be due and payable , during the continuance of every such Demise , Lease , Grant or Devise , at the days and times , and in such manner and form as the same have been accustomed . [ — Or thus , So as upon every such Grant , Lease , Demise or Devise , for life or lives , or years , to be made , the old and accustomed Rents , Duties and Services , or more , be yearly reserved and payable during the said Terms , unto such , to whom the immediate Reversion or Remainder of the Mannors , Messuages and Lands , so leased or devised shall be , and who ought to have and receive the said Rents , Duties and Services , by the intent and true meaning of these presents . ]

( 18. ) And that the said Assurances and Conveyances Assurances , &c. to be to the use of Lessees . of the Premisses , by Fine , Recovery , or otherwise to be made , and every of them shall be and inure , and the said Persons to whom the said Assurances and Conveyances shall be made , and their Heirs and Assigns shall stand and be seized of the Premisses , and of every part thereof , so to be Demised , Granted , Leased or Devised , to the use and behoof of all and every such Person or Persons , to whom any such Lease , Demise , Grant or Devise shall be made , his and their Executors , Administrators and Assigns , during the said term and terms , to be contained in the said Demise , Lease , Grant or Devise , according to the tenour effect and true meaning of such Demise , Lease or Devise , so as the So as the Lessees pay their Rents , &c. said Lesse●s and Devisees , and every of them , their and every of their Executors , Administrators and Assigns , and such Person or Persons to whom their or any of their respective term or terms , or interest shall come and be devolved , shall and do content and pay to the said A. B. or such Person or Persons as shall have at any time ( during their respective terms or interests ) the immediate Reversion or Reversions , Remainder or Remainders , of the Premisses so leased or devised , the Rent or Rents , and Services to be reserved or made due and payable , in and upon every such Lease , and Grant , or Devise : at the times in the said Lease , Grant or Devise mentioned , or within one Month next after : And do likewise perform the Conditions , Covenants , And perform Covenants Conditions . Clauses and Appointments , specified in such Demise , Lease , Grant or Devise . And that after the end of such Estate or Estates , the said Conveyances and Assurances shall be and inure ; and the said Persons to whom the said Conveyances and Assurances shall be made , and their Heirs and Assigns shall stand and be seized of the said Premisses , uso leased or d●vised as aforesaid , and of every part and parcel thereof , to the use of such Person and Persons to whom the same ought to remain , by the true intent and meaning of these presents .

( 19. ) Provided alwaies , and it is the intent Power given to two Tenants for life , to make Leases successivly . and true meaning of these presents , and of all the Parties hereunto , That it shall and may be lowful to and for the said A. B. at any time or times during his natural life , and also to and for the said C. B. ( at any time or times , from and after the decease of the said A. B. ) during the natural life of the said C. B. by any their several Deed or Deeds in writing , at any time or times respectively and successively to Demise , Grant or Lease , all or any part of the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , heretofore usually demised or letten ( which at the time or times of such Lease or Leases , shall happen respectively to be in the lawful , actual and real possession of an Estate of Freehold , in such of them as shall make such Lease or Leases for the time being ) to any person or persons whatsoever , for the term of One and twenty years or under , or for three lives or under , or for any number of years determinable upon three lives or fewer , in possession , and not in Reversion , so that in and by every such Lease or Leases , Demise or Demises , so to be made as aforesaid , the old ancient and accustomed Rents , Duties and Services , or more , be reserved to be therefore respectively due and payable yearly , during the continuance of such several Lease and Leases . And that then , and immediately from and after such Lease or Leases , so made as aforesaid , the said C. D. E. F. the Cognizees , &c. and the Survivors and Survivor of them , and his and their Heirs shall stand and be seized of the said Mannors , Messuages , Lands , Tenements and Hereditaments , and every part thereof which shall be so demised or leased as aforesaid , to the use of such Person or Persons respectively , to whom such Lease or Leases , Demise or Demises shall be made , for such Estate , Term and Interest , and in such manner and form as the same shall so happen to be demised or leased , according to the true intent and meaning of these presents , and of every such Demise , Lease or Grant : And that from and after the end and determination of the Estate or Estates , in such Demise or Demises , Lease or Leases to be contained , the said C. D. E. F. &c. and the Survivors and Survivor of them , his and their Heirs shall stand and be seized of the said Premisses , so leased or demised as aforesaid , as the Estate or Estates therein shall cease or determine , to the use of such Person and Persons to whom the same ought to remain and come , by the true intent and meaning of these presents .

( 20. ) The first limitation being thus — Another , by way of use , limited to the Lessees ; briefly . To the use of the said A. B. for and during the term of his natural life , without impeachment of or for any manner of Waste . [ Then followeth ] And from and after the decease of the said A. B. to the use of such Farmers or Tenants to whom the said A. B shall at any time hereafter , during his natural life , by Deed or Deeds , by him lawfully executed , demise or lease the same , for and during the term or terms of One and twenty years , or under , or for and during the term of one , two or three lives , under the Reservations , Provisoes , Covenants and Conditions in such Demise or Lease , Demis●s or Leases to be contained , and from and after the end and determination of the said several Estates for life , lives or years , and as the same shall severally and respectively end and determine , to the use and behoof of the Heirs of the Body of the said A. B. and for want of such Issue , to the use and behoof of the right Heirs of the said A. B. for ever .

( 21. ) To the use of the said A. B. for and Another , to the same effect , but more full . during the term of his natural life , and from and after the decease of the said A. B. As to such part of the Premisses as shall be by the said A. B. by any Deed or Deeds by him duly executed during his life , demised or leased to any person or persons whatsoever , for and during the term of One and twenty years , or under , or for and during the Term of one , two or three lives , To the use of such Farmers or Tenants respectively , for and during their said several and respective Terms , and Interests , under the Reservations , Covenants , Provisoes and Conditions , in such Demise or Lease , Demises or Leases to be contained , And from and after the end and determination of the said several Terms and Interests , and as the same shall severally and respectively end and determine , to the use and behoof of the Heirs of the Body of the said A. B. and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever . And as to such part of the Premisses as shall not be so demised or leased by the said A. B. at the time of his death , to the use and behoof of the Heirs of the Body of the said A. B. and for want of such Issue , to the use and behoof of the right heirs of the said A. B. for ever .

CHAP. IX . Rents , Annuities , and Portions assured out of the limitation of Vses .

( 1. ) TO the use of the said A. B. for and during An Annuity for a Charitable use . the Term of his natural life , And from and after the decease of the said A. B. to the use and behoof of the said C. B. his Heirs and Assigns for ever . Provided always , that he the said C. B. his Heirs and Assigns , shall and do yearly and every year , from and after the decease of the said A. B. for and towards the relief , maintenance , and sustenance of the poor aged and impotent People , within the Parishes of B. and R. in the County of M. content and pay , or cause to be contented and payed unto the Vicar of the said Parish of B. for the time being , and unto his Successors for ever , at or in the Church Porch of the Parish of B. aforesaid , the sum of Ten pound per annum , of lawful Moneys of Ten pound per Ann. to the Poor ; payable to the Vicars of the Parishes . England : And also unto the Vicar of the Parish Church of R. aforesaid , and his Successors for ever , at or in the Porch of the said Parish Church of R. the like sum of Ten pound per annum , of like Moneys . The said several sums , or yearly payments , to be made on the Feast Days of Thannunciation of Saint Mary the blessed Virgin , and of Saint Michael Th archangel , by even and equal portions : and the first payment of the said several sums , to begin and be made , at and upon such of the said Feasts , which shall first and next happen , from and after the decease of the said A. B. To the end , intent and purpose , that the several and respective Vicars , together with the several and respective Church wardens , for the time being , of the said several Parishes of B. and R. and their respective Successors , or any two of them for ever , within their several Parishes , shall yearly , at and upon the Feasts of , &c. distribute , or cause Distribution of the Mony given . to be distributed the said several sums unto the poor and impotent people , inhabiting within the said several Parishes . And if the said A. B. his Heirs and Assigns , do not content and pay , or cause to be contented and paid , the said several sums of , &c. according to the true intent and meaning of this Proviso , Then he the said C. B. his Heirs and Assigns , shall forfeit unto the Vicars of every of the said Parishes of B. and R. and their Successors , for the time being , severally and respectively , where any such default shall happen to be , the sum of Ten shillings , Nomine poe●ae , Nomine poenae . for every such default , and so often as the same shall happen , and shall not incur any other penalty or forfeiture by implyed Condition or Limitation , or any other thing in these presents contained .

( 2. ) And it is Covenanted , concluded and To stand seized to the use of the ●icars un●il payment . fully agreed , by and between the Parties to these presents , and every of them , and for their and every of their Heirs and Assigns : And the true intent and meaning of all and every Feoffment , and other Conveyances and Assurances of the before-mentioned Premisses made , shall be deemed , esteemed and taken to be , that the said C. D. the Feoffees , E. F. &c. and the Survivors and Survivor of them , their Heirs and Assigns , shall upon default of Payment , made by the said C. B. his Heirs and Assigns , of the said several sums of , &c. contrary to the true intent , purport and meaning of this Proviso , stand and be seized of the before-mentioned Premisses , unto the use Alteration of the use upon Nonpayment . and behoof of the said Vicars of every of the said Parishes , and their Successors severally and respectively , where any such default shall happen to be , for during , and until they the said Vicars , and their Successors of every of the said Parishes of B. and R. for the time being , for the several defaults unto every of them made , shall have severally had , levyed and received , as well the said several sums of , &c. before by these presents appointed to them to be paid , with all and every the arrearages thereof , as also the said several penalties of , &c. Nomine poenae , for every default of the said C. B. his Heirs and Assigns made .

( 3. ) This Indenture , &c. Bet●een A. B. of Another for a Rent during life , with clause of ●ntry , and to hold the Land for life , in case it be arrear the first part , C. D. and E. F. of the second part , and G. H. of the third part : first let there be a Covenant from A. B. to levy a Fine sur Cognizance de droit come ceo , &c. of all that Mannor of , &c. to C. D. and E. F. Then add : Now witnesseth this present Indenture , and it is declared and agreed by and between all the said Parties to these presents , that the said Fine so to be had and levyed , or in what manner or form soever the same shall be had and levyed , shall be and inure , and the said C. D. and E. F. and their Heirs and Assigns , shall by force thereof stand and be seized of the said Lordship , and all other the Premisses to the uses , intents and purposes hereafter mentioned : That is to say , To the end , intent and purpose that the said G. H. and his Assigns , shall and may yearly , during his natural life , lawfully and peacably have , perceive and take out of the said Lordship and Mannor , and all other the Premisses , One Annual Rent of One hundred pounds of lawful Moneys of England , at two Days or ●easts in the year : that is to say , At the Feast of Th' annunciation of Saint Mary the blessed Virgin ; and of Saint Michael Th' archangel , by even and equal portions , the same to be yearly payed unto him at the said Feasts , by the said A. B. his Heirs and To enter and hold for life , upon Non-payment Assigns , during the natural life of the said G. H. at or in the Middle Temple-Hall , London . And further , to the end , intent and purpose , That if it shall happen the said ●early Rent , or any part thereof , to be behind or unpayed at the place of payment aforesaid , by the space of twenty days next after either of the said Days of payment . That then it shall and may be lawful to and for the said G. H. and his Assigns , into the Premisses to enter , and the same to have , hold and enjoy , for and during the Term of his natural life . And to and for that purpose it is agreed by and between all and every the Parties to these presents , for them , their Heirs and Assigns , that after such default of payment , and En●ry made , The Fine to inure accordingly . the said Fine shall be , and shall be deemed and taken to be , to the use of the said G. H. and his Assigns , for and during the term of his natural life : And further , it is also agreed by and between the said Parties to these presents , for them , their Heirs and Assigns , that the said Fine as to the said Lordship and Mannor , and all other the Premisses before-mentioned , to be The use of the Fine to A. B and his heirs subject to the Rent , &c. Another for a Rent for 2 lives , with clause of Distress ; and also to change the use upon Non-payment thereby conveyed and assured to the said C. D. and E. F. their Heirs and Assigns , shall be and inure to the use of the said A. B. his Heirs and Assigns for ever , under , upon and subject unto the said Rent , Condition , r●entry , limitation , intent and purpose , herein before mentioned and expressed , and according to the intent and true meaning of these presents .

( 4. ) Let an Indenture be made between A. B. of the first part , C. D. and E. F. of the second part , and C. B. younger Son of the said A. B. and M. his wife of the third part : whereby A. B. is to Covenant by Fine , or other Assurance , to convey the Mannor of , &c. and several Messuages and Lands , to C. D. and E. F. Then add : Now further witnesseth this present Indenture , And it is hereby Covenanted , declared and agreed , by and between the said Parties to these presents ; That of , for and concerning all that Messuage or Tenement , and four Closes , &c. ( being parcel of the Hereditaments and Premisses , so to be conveyed as aforesaid ) and being of the clear yearly value of Forty pound per Annum , over and above all Charges and Reprises , the said Conveyance and Conveyances ( so to be had and executed , as aforesaid ) shall be , and shall be deemed and taken to be , and inure , and the said C. D. and E. F. and the Survivor of them , and his Heirs , shall stand and be seized thereof , and of every part and parcel thereof , to the use , intent , end and purpose , That the said C. B. and M. his wife , and their Assigns , and the Survivor of them , his or her Assigns , shall and may yearly , from and after the making hereof , for and during the natural life and lives of them , and of the Survivor of them , perceive , receive , take and enjoy one yearly Rent or sum of Thirty pounds per Annum , of lawful Moneys of England , to be issuing , going and payable out of the said last mentioned Messuage or Tenement , and Closes , at two several Feast Days in the year : that is to say , Th● Feast of Th' annunciation of Saint Mary the blessed Virgin , and the Feast of Saint Michael Th' archangel , by even and equal portions , The said Rent to be paid , as aforesaid , by the said A. B. his Heirs and Assigns .

( 5. ) And , that in default of Payment thereof , Clause of Distress . or of any part thereof , at any of the Feasts , or Days of payment aforesaid , contrary to the tenor and true meaning of these presents , That then and so often it shall and may be lawful to and for the said C. B. and M. his wife , and the Survivor of them , and their and either of their Assigns , into the said Messuage , or Tenement and Closes to enter , and distrain for the said yearly Rent of Thirty pound per Annum , or any part thereof , and for the arrearages thereof ( if any shall be ) and the Distress and Distresses there taken and had , to lead , drive , take and carry away , impound , detain and keep , until they and every of them , of the said yearly Rent or sum of Thirty pound , and of the arrearages thereof ( if any such shall be ) be fully satisfied and paid .

( 6. ) And if it shall happen the said yearly To change the Use , to the persons that should have the Rent upon non-payment . Rent , or sum of Thirty pounds , or any part thereof , to be behind or unpaid , by the space of twenty days next ensuing after any of the Feast days aforesaid , the said Conveyance and Conveyances so Covenanted and intended to be had and executed as aforesaid , of all and every the Hereditaments and Premisses aforesaid , and the execution thereof , shall be and enure , and shall be adjudged , deemed and taken to be and enure , as to the said Messuage and four Closes only : and the said C. D. and E. F. and the survivor of them , and his Heirs , shall stand and be seised of and in the said Messuage and four Closes , and of and in every part and parcel thereof , with the Appurtenances , to the use and behoof of the said C. D. and M. his Wife , and of their Assigns , for and during the term of their natural lives , and of the longer liver of them . And also to such The Use of the Land . further use and purpose that the said C. D. and E. F. their and either of their Heirs , shall likewise stand and be seised of the said Messuage and four Closes , charged and chargeable nevertheless with the said Rent of Thirty pounds per annum , and Distress and Limitation for and in respect of the same made as aforesaid , and of and in all and every the rest and residue of the said Mannors , Messuages , Lands , Tenements and Hereditaments , and every part thereof , with the Appurtenances , whereof no Vse is formerly limited or appointed , to the use and behoof of the said A. B. his Heirs and Assigns for ever .

( 7. ) — To the Vses following , that is to Another . say , to the Vse , intent and purpose , That the said C. B. [ who is the Son of the Feoffor or Cognizor ] and his Assigns , shall and may have , perceive and take from time to time during his life , only yearly Rent , of Fifty pounds of lawful moneys of England , to be issuing and going out of all and singular the said Messuage , Lands and Premisses , and to be paid at four several Feasts , or days in the year , that is to say , The Feast of St. Michael the Archangel , the Nativity of our Lord and Saviour Jesus Christ , the Annunciation of St. Mary the Blessed Virgin , and the Feast of St. John the Baptist , by even and equal portions , the first payment to begin at , &c. And if it shall happen the said yearly Rent to be Distress . behind or unpaid , in part or in all , after either or any of the said Feasts , or dayes of payment , whereon the same ought to be paid as aforesaid , That then and so often it shall and may be lawful to and for the said C. &c. to enter and distrain , The Use as to the Lands , viz. to Feoffor , until default of payment : and after to the use of him that should have had the Rent . Another Form , First , By limiting the Lands to Uses , chargeable with the Rents and after the Rent it self . &c. ( vide Sect. 5. ) And as touching and concerning the said Messuage and Lands , Charges , with the said Rent as aforesaid ( saving and reserving the said yearly Rent of Fifty pounds unto the said C. B. and his Assigns , according to the Estate to him thereof and therein before limited , and saving and preserving liberty for him the said C. B. to enter and distrain on the Premisses , or any part thereof , for non-payment of the said Rent as aforesaid ) to the use and behoof of the said A. B. his Heirs and Assigns , until default of payment of the said yearly Rent , or any part thereof , by the space of one Moneth next following after either or any of the said Feasts , or days of payment : And from and after such default of payment to be made as aforesaid , to the use of the said C. B. and his Assigns , for and during the term of his natural life : And from and after his decease , then to the use of the said A. B. his Heirs and Assigns forever .

( 8. ) This Indenture , &c. Between A. B. of the first part , C. D. E. F. and G. H. of the second part , and C. B. Son and Heir apparent of the said A. B. and M. the now Wife of the said C. B. of the third part : Whereby A. B. is to Covenant , to levy a Fine , or make a Feoffment , &c , to C. D. E. F. and G. H. Then add , And it is hereby declared and agreed by and between all the said parties to these presents , That the said Fine , &c. so to be levied as aforesaid , shall be and enure , &c. [ and then set down the Vses of part of the Mannors , Messuages and Lands , contained in the Fine or other Conveyance ] Then proceed thus , And of , for and concerning all and singular the rest and residue of the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , whereof the said Fine or Fines before by these presents , is Covenanted to be levi'd by the said A. B. as aforesaid ( other then such only , whereof the several Estates and Vses are severally expressed , limited and declared , before by these presents ) To the Uses chargeable with the Rent use and behoof of him the said A. B. and his Assigns , for and during the term of his natural life , without impeachment of or for any manner of waste , nevertheless to be charged and chargeable , with such yearly Rents or sums of money , and Distresses for the same , as shall be hereafter in these presents limited and expressed , according to the true intent and meaning of these presents ; and after the decease of the said A. B. then to the use and behoof of the said C. B. and M. his Wife , and the Heirs of their bodies , lawfully begotten and to be begotten , charged and chargeable as aforesaid : And for default of such Issue , then to the use and behoof of D. B. second Son of the ●●id A. B. and of the Heirs males of the body of the said D. B. lawfully to be begotten , to be charged nevertheless and chargeable with the yearly Rents , Payments and Distresses , hereafter mentioned ; and for default of such Issue , to the use and behoof of the right Heirs of the said A. B. for ever , to be charged likewise and chargeable , as aforesaid .

( 9. ) Provided nevertheless , and it is the C●gnizees to stand seised for the assurance of Rents . true intent and meaning of all and every the said Parties , and of these presents , That the said Fine and Fines to be levied of the said Mannors , &c. shall be and enure ; and the said C. D. E. F. and G. H. and their Heirs , and the survivors and survivor of them , and his and their Heirs , shall stand and be seised of and in the said Mannors or Lordships of , &c. being of the clear yearly value of Three hundred pounds , as well to and for the assurance of such Rents and Payments , as hereafter in these presents are expressed , as also to and for the use , intent and purpose , That the several person or persons , to And the parties upon default may distrain . whom the said Rents and yearly Payments are hereafter limited and appointed , or that shall or may hereafter be intitled to have and receive such Rent or Rents , by force of any the Limitations and Appointments herein after contained , or any Power or Authority hereafter given and expressed , may upon default of payment of the said Rent or Rents , or yearly Payments , enter and distrain on the said Mannors , &c. as hereafter is set down and expressed : and according to the true intent and meaning of these presents , that is to say , to the end , intent and purpose , That if the said A. B. during the term of his natural life , or his Assigns , shall not or do not yearly well and truly content , satisfie and pay unto the said C. B. and M. his Wife , and the survivor of them , during the natural life of the said A. B. the yearly Rent or sum of Fifty pounds of good and lawful money of England , at two Feasts , or days in the year , that is to say , at the Feast of the Annunciation of St Mary the Blessed Virgin , and St. Michael the Archangel , by even and equal portions , That then and so often as the said yearly Rent or Payment of Fifty pounds , or any part or parcel thereof , shall so fortune to be b●h●nd and unpaid , it shall and may be lawful to and for the said C. B and M. his W●fe , or either of them , their or either of their Assign or Assigns , Deputy or Deputies , at all times during the life of the said A. B. into all and singular the said Mannors , &c. with the Appurtenances , and into every or any part or parcel thereof , to enter and distrain , as well for the said yearly Rent or payment of Fifty pounds , or any part thereof , so to be behind or unpaid , as aforesaid : As also for the Arrearages of the same , and of every or any part thereof , if any shall fortune to be behind or unpaid as aforesaid , and the Distress and Distresses so there to be taken , to lead , drive , take , carry away , impound , and with them , or either or any of them , to detain and keep until such time as the said yearly Rent or payment of Fifty pounds , and every part and parcel thereof , so to be behind or unpaid as aforesaid , and the Arrearages thereof ( if any shall happen to be behind or unpaid ) be unto them , or some or one of them , fully contented , satisfied and paid .

( 10. ) Provided also , and it is also Covenanted , Proviso , to give Tenant for life power to grant Rents . granted , concluded and agreed , by and between all the said Parties to the presents , That it shall and may be lawful to and for the said A. B. at any time or times , during his natural life , by any Deed or Deeds in writing , under his Hand and Seal duly executed , or otherwise , by his last Will and Testament in writing , to grant , assure , limit , devise or appoint to every or any the younger Sons of the said A. B. of his body lawfully begotten or to be begotten , for term of life only of every such younger Son or Sons , such yearly Rent charge , or Rents charge to be issuing out of the said Mannors , &c. with a clause of Distress in or upon the said Mannors , or any part thereof , for every such Rent or Rents , as unto the said A. B. shall be thought meet : So that the said Rent or Rents to be granted , assured or devised , in the whole exceed not the yearly sum , or yearly payment of One hundred pound : And that in Cognizees to stand seized to assure Grants made of Rents . every such case the said C. D. E. F. and G. H. their Heirs and Assigns , shall stand and be seized of the Premisses , to the further use , purpose and intent , that such younger Son or Sons , to whom such Rent or Rents shall be granted or devised , as aforesaid , shall and may have , perceive and enjoy the said yearly Rent or Rents , according to the purport and effect of such Grant and Grants , Devise or Devises , and shall and may Distrain for the said yearly Rent and Rents , and for the Arrearages thereof , so often as the same shall happen to be behind or unpayed , in and upon the said Mannors , &c. out of which the same shall be limited and appointed , and which shall be made chargable therewith , by such Deed or Deeds , or last Will as aforesaid .

( 10. ) Provided alwaies , and it is granted , Power to make Leases for raising of Portions for Daughters . Covenanted , concluded , condescended and agreed , by and between all the said Parties to these presents , and it is the true intent and meaning of these presents , and of all the said Parties thereunto , that it shall and may be lawful to and for the said A. B. being the Feoffor , to whom an Estate for life is limited , with Remainders over , &c. during the Term of his natural life , by Deed or Deeds Indented , to be by him sealed and duly executed in the presence of two or more credible Witnesses , to make any Lease or Leases , Demise or Demises , of all or any part of the said Mannors , Lands , Tenements , and Premisses , with Th' appurtenances , for the term of One and twenty years or under , with reservation of Rent , or without reservation of Rent , at his will and pleasure , unto any person or persons whatsoever , The Trust to raise portions . upon trust for the raising of the several portions herein after mentioned , for such Daughter and Daughters as the said A. B. shall happen to have , and not otherwise provided for : that is to say , If one Daughter onely , then for the raising of Fifteen hundred pounds for that Daughter , and if more than one Daughter , then for the raising of Seven hundred pound a piece , for each and every one of the said Daughters , and that all and every such Lease and Leases , Demise and Demises , so to be made as aforesaid , shall be good and effectual in the Law to all intents and purposes , and that the said Fine or Fines so as aforesaid , or in any other sort to be levyed , shall be and inure , and the Cognizee and Cognizees therein named , his and their Heirs shall stand and be seized of , and in such part and so much of the said Mannors , Messuages , Lands , and Premisses , as shall be so demised or leased as aforesaid , and of every part and parcel thereof , to the use of such person and persons , his and their Executors , Administrators and Assigns , to whom such Demises , Leases , or Grants shall be so made as aforesaid , for and during such Leases , Estates and Terms , as shall be Demised or Granted , as aforesaid : And after the end and determination of the Estate and Estates , in such Demise or Demises , Lease or Leases to be contained , and as the same shall severally end and determine , to the use of such person and persons to whom the same ought to remain and come , by the true intent and meaning of these presents .

( 11. ) After a Limitation to A. [ the Cognizor ] A Limitation of part to the Cognizees , to pay Portions . for life , and with Remainder in Tail to his Sons [ as to part of the Mannors , &c. in the Fine contained ] and as to the other part , after a Limitation to E. B. Wife of A. B. for life , if she survive her Husband for her Ioynture : Then add : And as for and concerning all and singular the Premisses before limited , to and for the Ioynture and Livelyhood of the said E. B. with their and every of their Appurtenances , and the Reversion and Reversions , Remainder and Remainders thereof , and of every part and parcel thereof , from and after the decease of the said A. B. and E. B. his Wife , to the use and behoof of the said C. D. E. F. and G. H. their Executors , Administrators and Assigns , for and during the term of One and twenty years , from thence next ensuing , and fully to be compleat and ended , upon Trust and confidence , and to the uses , intents and purposes hereafter mentioned , limited and declared in and by these presents : viz. That in case the said A. B. shall at the time of his decease have living one , two , or more Daughters of his Body , on the Body of the said E. B. lawfully begotten , or to be begotten , that shall not be then prefer'd in Marriage , or if the said A. B. shall at the time of his decease , leave the said E. B. with Child , with one or more Daughter or Daughters , who shall after be born alive , that then the said , C. D. E. F. and G. H. and the Survivors and Survivor of them , his and their Executors , Administrators and Assigns , out of the Rents , Issues and profits of the said Messuages , Lands , Tenements and Hereditaments , with Th' appurtenances so to them limited and appointed for The Portions to be paid . years , as aforesaid , shall raise and levy , so soon as conveniently may be , for the portion of such Daughter , if there be but one , the sum of One thousand pounds of lawful Moneys of England , to be payed to such onely Daughter at her age of Eighteen years , or day of Marriage which shall first happen , or so soon after as the said sum of One thousand pounds can be raised , as aforesaid : And if there shall be two Daughters , The sum of Five hundred pounds a piece , or if there be three or more Daughters the sum of Three hundred pounds a piece , to be payed to them respectively and severally , at their several and respective Ages of Eighte●● years , or days of Marriage , which shall first happen , or so soon after , as the same can conveniently be raised , as aforesaid .

( 12. ) And upon this further trust and confidence : If Daughters die before Portions paid , how to dispose the Moneys . And to the intent and purpose , that if it shall happen the said A. B. to die , having one only Daughter of his Body , on the Body of the said E. begotten , then living , or afterwards to be born , as aforesaid , and that the said onely Daughter , shall happen to depart this life before that she shall accomplish the Age of Eighteen years , or be marryed , or if there happen to be two or more Daughters of the Body of the said A. B. on the Body of the said E. begotten , then living : Then , if both or all of the said Daughters shall happen to die or depart this life , before either or any of them accomplish their several Ages of Eighteen years , or be marryed as aforesaid , That then the several sum and sums of Mony , intended for the Portions and Advancements of such Daughter or Daughters , as aforesaid , or so much thereof as shall be raised or levyed out of the Rents , Issues and profits of all or any the Premisses ( all Charges and Expences defrayed , wherein a full and liberal allowance shall be made and given ) shall be satisfied and paid to such person or persons , as the said A. B. by any writing under his Hand and Seal , subscribed by two or more credible Witnesses , or by his last Will and Testament , to be subscribed as aforesaid , shall limit or appoint : And in default of any such Limitation or Appointment to the Executors or Administrators of the said A. B.

( 13. ) And , upon further trust and confidence , Moneys to be paid yearly for maintenance of the Daughters . and to the end , intent and purpose , that the said C. D. E. F. and G. H. and the Survivors and Survivor of them , his and their Executors and Assigns , shall out of the Rents , Issues and Profits of the said Messuages , Lands , Tenements , Hereditaments and Premisses , so to them limited for raising of Portions as aforesaid , with their and every of their App●rtenances , levy and pay , or cause to be levyed and paid , to and for the maintenance of such Daughter and Daughters , as aforesaid , if there be but one Daughter onely , the sum of Thirty pounds per Annum , and if there be two or more Daughters , the sum of Twenty pounds per Annum a piece , until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years , or shall be marryed , and her or their Portions paid , as aforesaid .

( 14. ) Provided always , and it is the true If the Feoffor , &c. die without Daughters , the Estate limited to be void . intent and meaning of all and every the parties to these presents , That if the said A. B. shall happen to depart this life , without any Issue female of his body , upon the body of the said E. begotten , or without leaving the said E. with child of one or more Daughter or Daughters , that shall be after born alive , That then the Estate and Estates , so limited as aforesaid to the said C. D. E. F. and G. H. for years as aforesaid , shall cease , determine , and be utterly void .

( 15. ) Provided also , that from and immediately After Portions paid , the Estate limited to be void . after such time as the said C. D. E. F. and G. H. and the Executors or Administrators of the survivor of them , shall or might have limited and raised the said several Portions and present maintenance , for such Daughter or Daughters as aforesaid , That then the said Estate for years , limited in trust as aforesaid to them the said C. D. E. F. and G. H. shall cease , dètermine , and be utterly void . And the said Messuages , Lands , Tenements and Premisses , so to them limited in trust as aforesaid , shall immediately go and be to such person and persons , to whom the Reversion or remainder of the said Messuages , Lands and Premisses , shall belong and appertain .

( 16. ) This Indenture , &c. Between A. B. An Estate limited to Daughters , to cease upon payment of their Portions by the Heir male . The Uses of the first part , C. D. E. F. and G. H. on the second part , and C. B. ( Son and Heir apparent of the said A. B. ) and D. B. Wife of the said C. B. on the third part : Let there be a Fine Covenanted to be acknowledged , or other Conveyance ( whereupon a use may be raised ) Covenanted to be made to C. D. E. F. and G. H. To the use of the said C. B. for and during the Term of his natural life , and from and after his decease , to the use of E. B. his Wife , for and during the Term of her natural life , for her Ioynture , &c. And from and after the decease of the said C. B. and E. his Wife , to the use and behoof of the Heirs males of the body of the said C. B. on the body of the said E. lawfully begotten , and to be begotten ; and in default of such Issue , to the use and behoof of the Heirs females of the body of the said C. B. on the body of the said E. lawfully begotten , and to be begotten ; and for want of such Issue , to the use and behoof of the right Heirs of the said A. B. for ever .

( 17. ) Provided alwayes , That in case the The Proviso . said C. B. shall happen to depart this life without Issue male of his body , lawfully begotten on the body of the said E. B. If then the said A. B. or any Heir male of his body , shall pay or cause to be paid unto the Daughter or Daughters of the said C. B. on the body of the said E. begotten , these several sums following , that is to say , unto such Daughter of the said C. B. in case he shall have but one , the full sum of One thousand two hundred pounds of good and lawful money of England ; and in case he shall have more Daughters then one by the said E. then living , the sum of Two thousand pounds of like lawful moneys , among and between them equally to be divided , the said payment and payments to be made at their respective Ages of eighteen years , or Marriage , which of them shall fi●st happen , at or in , &c. Or if the said A. B. or any Heir male of his body , shall at any time or times , by such Security as the said C. D. E. F. and G. H. or the survivors or survivor of them shall direct in writing , under their hands , or the hand or hands of the survivors or survivor of them , sufficiently secure the payment of the said sums in manner aforesaid , That then and from thenceforth the Estate , The Cessar of the Use to the Daughters . Vse and Limitation of the Premisses , to the Heirs females of the said C B. on the body of the said E. begotten , and to be begotten , shall cease and determine ; and the said Fine and Fines shall be and enure : And the said Cognizees and their Heirs shall stand and be seised of all and singular the Premisses , from and after the decease of the said C. B. and E. B. and payment made or Security given as aforesaid , to the use and behoof of the Heirs males of the body of the said A. B. and for want of such Issue , to the use and behoof of the right Heirs of the said A. B. for ever .

( 18. ) Provided always , and it is Covenanted , Another , to stand seized to the use of the Daughters until their Portions paid . granted , concluded and agreed , by and between the said Parties to these presents , That if the said A. B. shall happen to die , or depart this life , without Issue Male of his Body , lawfully begotten on the Body of the said E. B. having Issue by the said E. B. one or more Daughter or Daughters unmarryed , at the time of his decease , That then , and from thenceforth , the said C. D. E. F. and G. H. and the Survivors and Survivor of them , and the Heirs of the Survivor of them , immediately from and after the death of the said A. B. without Issue Male , as aforesaid , shall stand and be seized of all and singular the Premisses ( whereof no use is before limited to the said E. B. ) to the use and behoof of such Daughter or Daughters , until the said Daughter and Daughters shall and may have and receive , out of the Rents , Issues and Profits thereof , the several sums hereafter mentioned , or shall have received good Mony , or Security . and sufficient Security of and from such person and persons , to whom the Reversion or Remainder of the Premisses , from and after the death of the said A. B. without Heir Male of his body , as aforesaid , shall appertain by the true intent and meaning of these presents , for the payment of the said sum or sums , as is hereafter mentioned : that is to say , The sum of Fifteen hundred pounds of lawful Moneys of England , to such Daughter of the said A. B. if there shall be but one , within six Months after she shall have accomplished the Age of One and twenty years , or be marryed , which of them shall first happen , and if there be more then one Daughter , Then the sum of Three thousand pounds of good and lawful Mony of England , to be paid between all such Daughters of the said A. B. equally , part and part like , for her and their Marriage Portions , at their several and respective Ages of One and twenty years , or Marriages , which shall first happen respectively : and after satisfaction or security of the said sum and sums of Mony , given in form aforesaid , then to the use and behoof of the said Person and Persons in Reversion and Remainder , to whom the said Premisses should have come unto , by the intent and true meaning of these presents , if the said A. B. had died without Issue Male of his Body by the said E. B. &c.

( 19. ) — To the use and behoof of the said Another form for Portions for younger Sons and Daughters . A. B. for and during the term of his natural life , without impeachment of , or for any manner of Waste , and from and after the decease of the said A. B. then to the use and behoof of the said C. D. E. F. and G. H. being the Feoffees or Cognizees , their Executors , Administrators and Assigns , for and during the Term of sixteen years , to commence immediately from and after the decease of the said A. B. upon the trust and considence hereafter mentioned : And from and after the death of the said A. B. and determination of the said Term or Interest , to the use and behoof of C. B. eldest Son , and Heir apparent of the said A. B. and of the Heirs of the body of the said C. B. lawfully begotten , or to be begotten , and for default of such Issue , to the use and behoof of the right Heirs of the said A. B. for ever .

( 20. ) And it is further by these presents Covenanted , The provision for Sons and Daughters . concluded and declared , by and between all the said Parties to these presents : And the true intent and meaning of these presents , and of the said Parties hereunto is , That all and every the younger Sons , and all and every the Daughters of the said A. B. which he shall have at the time of his decease , and shall leave unadvanced and unpreferr'd by the said A. B. shall have and receive every of them Two hundred pounds a piece , of lawful Monyes of England , 200 l. a piece to Sons and Daughters unp●eferd : or 800 l. amongst all . so that it exceed not Eight hundred pounds in the whole , and if the same exceed the said sum of Eight hundred pounds in the whole , then every of the said Sons and Daughters to have a proportionable part of the said sum of Eight hundred pounds , which is to be paid , and share and share like , to be equally divided between them : And that the said several sums of Two hundred pounds a piece , or sum of Eight hundred pounds ( which of them shall become payable by the intent and true meaning of these presents ) shall be all paid to the said Sons and Daughters respectively , within four years next after the decease of the said A. B. by such person or persons , which for the time being shall have the next and immediate inheritance of the Premisses , depending and expectant upon the determination of the said Term of sixteen years limited to the said C. D. E. F. and G. H. and that until default shall be made of any the said payments , which by the To suffer the Persons next in Remainder to enjoy until failer of payment . intent and true meaning of these presents , are or ought to be made as aforesaid , to all and every the said Children , they the said C. D. E. F. and G. H. their Executors , Administrators and Assigns ( according to the trust aforesaid , in them and every of them reposed ) shall permit and suffer the said person and persons , which for the time being shall have the next and immediate Inheritance of the Premisses from and after the determination of the said Term of sixteen years , as aforesaid , quietly and peacably from and after the decease of the said A. B. to have and keep the possession of all and every the before-mentioned Premisses , and to receive and take the Rents , Issues and Profits thereof : And that in default of payment of the said sum or sums , or any part thereof , it is meant and intended by all and every the Parties to these presents , that the said C. D. E. F. and G. H. and the Survivors and In default of payment the Trustees to enter , and hold until payment . Survivor of them , his and their Executors , Administrators and Assigns , shall enter and take the possession of the Premisses , and of every part and parcel thereof , according to the Limitation herein before expressed , And the Rents , Issues and Profits thereof , shall imploy and convert wholly , for and towards the payment of the said several sums of two hundred pounds 〈◊〉 piece , to the said younger Sons and Daughters , or sum of Eight hundred pounds to be equally divided between them ( which of them shall become payable , according to the true intent and meaning of these presents ) together with Interest of all and every the said sum and sums , after the Rate of Six pounds per Centum , for every year that the same shall be unpaid ( to be accounted from the end of the four years before-mentioned , for payment thereof ) for the forbearance of the said sum and sums , or such part thereof as shall be unpaid , as aforesaid : And it is likewise meant , intended and agreed , that after the said sum and sums of Mony , with Interest for the forbearance thereof , shall be truly paid to the said younger Sons and Daughters , they the said C. D. E. F. and G. H. their Executors , Administrators and Assigns , shall yeild and After the Portions paid , to yeild up their interest , &c. deliver up the Premisses , and all their Estate and Interest therein , to such Person and Persons to whom the same , next and immediately after the expiration of the said Term , by the true intent and meaning of these presents shall appertain , pursuant to the Trust in them and every of them , herein and hereby reposed .

( 21. ) Provided always , and it is concluded Another , to pay Portions by power given to grant Annuity or Rent-Charge . and agreed by and between all the said parties to these presents , That it shall and may be lawful to and for the said A. B. at any time during the term of his natural life , by his Deed in Writing under his Hand and Seal duly executed , to give , grant , limit and appoint unto such person or persons , as shall to him seem meet , and his and their Heirs , one Annuity or yearly Rent of Four hundred pounds per annum , to be issuing and going out of all and every the Mannor , Messuages , Lands and Tenements before mentioned , with a Clause of Distress for the same or any part thereof , when and so often as the same shall be unpaid , upon all or any the said Mannor , Messuages and Lands , in such Writing or Deed to be contained . Habendum the said Annuity or yearly Rent-Charge of Four hundred pounds , unto the said person or persons , and his and their heirs , until such time as the sum and sums of money hereafter mentioned , shall or may therewith be paid and fully satisfied , under and upon such limitations , trusts and confidences , as hereafter in these presents are contained and expressed , the same yearly Rent to be paid at the Feasts of the Annunciation of St. Mary the Blessed Virgin , and of St. Michael the Archangel , by even and equal Portions ; and the first Payment thereof to begin at such of the said Feasts , as shall happen next after the The trust decease of the said A. B. upon special trust and confidence : nevertheless , That the said person or persons , to whom the said yearly Rent shall be granted as aforesaid , and his and their Heirs , shall out of and with such sum and sums of money , as shall and may be received and had thereof , content and pay , or cause to be contented and paid , as well to the Daughter and Daughters of the said A. B. upon the body of the said E. his Wife lawfully begotten , or to be begotten , which shall be living at the To pay to the Daughters 300 l. a piece . time of the decease of the said A. B. and not then married , the full sum of Three hundred pounds a piece , for and towards their advancement and preferment in Marriage , or otherwise : As also to such of the said Daughters of the said A. B. as shall be married in his life-time , and whose Marriage-money ( not exceeding the sum of Three hundred pounds ) agreed upon by him in his life-time , shall be unpaid in part or in the whole at the time of his decease ; such sum and sums of money , as together with such part of the said Marriage-money , which shall be paid in the life-time of the said A. B. ( if any be ) shall extend to be for every such Daughter Three hundred pounds a piece in the whole , the same to be first paid and discharged according to such Covenants , Bonds and Agreements , as shall be made or entred into by the said A. B. in that behalf . And then the other sums aforesaid , How to be paid . to be levied and paid to every other of the said Daughters successively , according to the order and priority of their age and birth . And it is further concluded and agreed by and between the said Parties to these presents , That The parties to stand seised , to the end th● Grantee may have or distrain for the Rent . the said Conveyances and Assurances to be made and executed as aforesaid , shall be and inure : And the said C. D. E. F. and G. H. and their Heirs , shall stand and be seised of all and every the Mannor , Messuages , Lands and Premisses before mentioned , so to be charged to the end , intent and purpose , That every such person and persons , to whom any such Rent shall be granted , limited and appointed , according to the true intent and meaning of these presents , his and their Heirs and Assigns shall and may from time to time have , perceive and enjoy the said Rent , according to the purport and effect of such Grant , limitation or appointment ; and may from time to time for non-payment of the said Rent , or any part thereof , enter into and upon the said Mannor , Lands and Tenements , so to be charged , and distrain for the same , and the Arrerages thereof , as in case of a Rent-Charge , and according to the effect and intent of such Grant , Limitation or Appointment .

CHAP. X. Provision taken for Payment of Debts , Legacies , &c. in the limitation of Vses .

( 1. ) AS for touching and concerning the said Payment of Debts , Legacies , &c. Messuages , Lands , Hereditaments , and Premisses , not herein before limited to the use of the said E. B. [ wife of A. B. ] for her Ioynture ( being parcel of the said Messuages , Lands and Tenements , comprised in the said Fine ) to the use and behoof of the said C. D. E. F. and G. H. the Cognizees , for and during the Term of one and forty years , to commence immediately from and after the decease of the said A. B. upon trust and confidence , and to the end , intent and purpose , that the said C. D. E. F. and Term of 41 years limited upon Trust . G. H. their Executors , Administrators and Assigns , shall and may receive , perceive , dispose and imploy the Rents , Revenues , Issues and Profits of the said Messuages , Lands , Tenements and Premisses respectively , for and during the said Term of one and forty years , for and towards the satisfaction and payment of all such Debts and sums of Mony , which the said A. B. To pay Debts and discharge Sureties . Payment of Annuities given to Servants shall happen to owe at the time of his Death , or for which any Person or Persons shall , at the time of the death of the said A. B. stand ingaged for or with the said A. B. and for his proper Debt : and for the payment of such Annuity or Annuities , as the said A. B. hath granted , or shall hereafter grant or limit , to be issuing or going out of the said Messuages , Lands , Tenements and Hereditaments , or any of them : ( after that all and every the said Debts shall be fully satisfied ) ●o any Person or Persons which is , are , have been , or hereafter shall be the Servant or Servants of the said A. B. for and in respect of their Service or Services , done or to be done to the said A. B. And also , for and towards the payment of such Legacy and Legacies , and sums of Mony , which the said A. B. shall by his last Will and Testament in writing , to be signed , sealed and published before three or more sufficient Witnesses , give , limit , ordain and appoint . And upon further Trust and confidence , After Debts , &c. paid to surrender the Estate . that they the said C. D. E. F. and G. H. their Executors , Administrators and Assigns , after all and every the said Debts , Ingagements , Annuities and Legacies shall be payed and satisfied according to the intent and true meaning of th●se presents , shall and will surrender and yeild up their said Estate and Interest , of and in the Premisses , so to them limited as aforesaid , and of and in every part and parcel thereof to such Person or Persons to whom the Freehold or Inh●ritance of the said Premisses shall next and immediately appertain , by the purport and true meaning of these presents . And from and after the end , exp●ration , surrender or other After expiration or surrender , to the use of such as by last Will shall be appointed . determination of the said Lease of One and forty years , The said Fine shall be and inure , and the said Cognizees shall stand and be seized of and in the said last mentioned Premisses , 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 A. B. shall by his last W●●l and Testament in writing , in the presence of three or more credible Witnesses , ●imit , appoint and declare , &c.

( 2. ) To the Vse of the said A. B. and his Another by a use limited , to make Sale . Vide , also Sect. 3 hereafter following , which gives direction for disposal of the mean profits until Sale . Assigns , for and during the term of his natural life , without impeachment of or for any manner of Waste , and from and after the decease of the said A. B. then to the use of the said C. D. E. F. and G. H. [ the Cognizees ] their Heirs and Assigns for ever : In trust , and for and to this end , intent and purpose , that they the said C. D. E. F. and G. H. and the Survivors and Survivor of them , his and their Heirs , shall and may bargain , sell , convey , or otherwise dispose of the same , for and towards the payment , a a For payment of debts . satisfaction and discharge of such Debts and sums of Mony , as the said A. B. now , or shall at the time of his death owe to any Person or Persons whatsoever : And for the discharging b b Discharge of Sureties . of such Person and Persons , as do now stand , or which at the time of the death of the said A. B. shall stand bound or ingaged for or with the said A. B. for the said Debts or sums of Mony , or any of them : And also for the satisfaction , c c Discharge of Moneys borrowed upon Security of Annuities granted . payment and discharge of all such sum and sums of Mony , which the said A. B. hath , or hereafter shall take up , borrow or receive , and for or in consideration whereof , he hath heretofore granted , or hereafter shall grant any Annuity or Annuities , or Rent or Rents charge , issuing , or to be issuing or payable out of the said Mannors , Lands , Tenements , Hereditaments and Premisses , or any of them , whereby the said Rent or Rents shall or may be determined : And also for and towards the payment and d d Discharge of Legacies . discharge of the Legacies and Bequests , which the said A. B. by his last Will and Testament in writing , to be sealed , subscribed and published by him before three sufficient Witnesses , shall give or b●queath to any Person or Persons , or to any Vse or Vses , or so much of such sum and sums , Debts and Legacies , as the value of the said Mannors , Lands and Tenements to be sold , as aforesaid , shall amount unto : And if that any overplus shall be of Moneys made or raised , by To pay back the Overplus . sale of the said Mannors , Lands and Tenements and Hereditaments , more then shall be , or will be sufficient to satisfie and discharge all the said Debts , sums of Mony , Legacies and Bequests , That then the said C. D. E F. and G. H. their Heirs , Executors or Administrators , shall and will pay and deliver the same overplus , which shall remain of the Sale or Value of the said Mannors , Lands , Tenements and Hereditaments , unto the Executors or Administrators of the said A. B. And further , upon this Trust and confidence , That if such Person or Persons , that If next Heir discharge , or give Security to pay the Debts , Legacies , &c. the Trustees are to convey back to him . shall be next Heir at Law unto the said A. B. shall within one year next after the death of the said A. B. well and truly satisfie , pay and discharge all the aforesaid Debts , sums of Mony , and Legacies and Bequests , which by the true intent and meaning of these presents , are limited , intended or expressed to be paid , for , out of or in respect of the said Mannors , Lands , Tenements , Hereditaments and Premisses , or shall give or make to the said C. D. E. F. and G. H. or the Survivors or Survivor of them , good and sufficient Security for the payment of all and every the said Debts , sum and sums of Mony , Legacies and Bequests , which by the true intent and meaning of these presents are before expre●t to be paid , That then the said C. D. E. F. and G. H. and their Heirs , and the Survivors and Survivor of them , his and their Heirs and Assigns , shall and will at the Cost and charges in the Law , of such Person or Persons , as shall be next Heir at Law unto the said A. B. convey and assure the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , to the said Person or Persons , his and their Heirs or Assigns , by such good and sufficient Conveyance and Assurance in the Law , with several respective Warranties onely b● every of them the said C. D. E. F. and G. H. severally and respectively , against themselves and their several and respective Heirs , as by such Person or Persons his or their Heirs or Assigns , or his or their Councel learned in the Law shall be reasonably devised , advised and required .

( 3. ) And as for , touching and concerning the Another to make Sale , &c. said Mannors , Lordships , Messuages , Lands , Tenements and Hereditaments , with their and every of their Appurtenances in the said County of M. to the use and behoof of the said C. D. E. F. and G. H. the Cognizees , &c. and of their Heirs and Assigns for ever , upon Trust and confidence : nevertheless , and to the end , intent and purpose , that they the said C. D. E. F. and G. H. and the Survivors and Survivor of them , his and their Heirs , shall and may , at his and their free will and pleasure , sell , convey and assure the said Mannors , Messuages , Lands and Premisses in the said County of M. and every part and parcel thereof , for the best benefit , profit and advantage , which shall or may be , bona fide , had or gotten for the same . And that the Mony to be raised by every or any such Sale , and as every such Sale shall be made , shall be forthwith paid Mony raised by Sale to pay Debts mentioned in a Schedule . and disposed of as followeth : that is to say , for and towards the payment of the Debts of the said A. B. and sums of mony mentioned in a Schedule hereunto annexed : And in case any Surplusage shall remain over and above such sum and sums of mony , as shall be expended in the payment and satisfaction of the said D●b●s , That then the said Surplusage or Overplus , shall be paid by the said C. D. E. F. and G. H. or the Survivors or Survivor of them , or the Executors Disposition of the Overplus . or Administrators of the Survivor of the●● , unto the said A. B. or to such other Person or Persons , as the said A. B. shall by his last Will or Testament in writing , testified by two or more credible Witnesses , or by any other Writing ( testified as aforesaid ) under his hand and seal , direct and appoint , and for want of such direction or appointment , to the Executors or Administrators Disposal of the Profits before Sale . of the said A. B. And upon further Trust and confidence , that the said A. B. his Executors , Administrators and Assigns , shall and may until such Sale made , have , receive and take to his and their own proper use , all and singular the Rents , Issues , Revenues and Profits of the said Mannors , Messuages , Lands and Premisses , hereby limited and intended to be sold as aforesaid .

( 4. ) To the use of the said A. B. for Term of A limitation for years to Executors to pay Debts . his natural life , without impeachment of or for any manner of Waste , and from and after his decease , to the use and behoof of such Person or Persons as shall be Executor or Executors of the last Will and Testament of the said A. B. for and during the end and Term of ten years : upon Trust , and to the end , intent and purpose , That the said Executor or Executors may dispose of all the Rents , Issues , Profits and Revenues of the Premisses , and of every part and parcel thereof , for and towards the payment of the Debts of the said A. B. and such Legacies as shall be by the said Will given and devised , the reasonable Cost and charges of the said Executors , in reparation of the Premisses , or any part thereof , and in execution of the said Trust being deducted : And from and after the end , expiration , or other determination of the said Vse and Estate ●imited to the said Executors , To the use of , &c.

( 5. ) To the use of M. B. Widow , Mother of To the use of Executors for performance of a Will . the said A. B. for and during the Term of her natural life : And from and after the decease of the said M. to the use of the said A. B. for and during the Term of his natural life , and from and after the decease of the said M. B. and A. B. To the use and behoof of the Executors and Administrators of the said A. B. for and towards the performance of the last Will and Testament of the said A. B. for the term of 〈◊〉 years , and from and after the end , expiration or determination of the said Term of six years , to the use and behoof of &c.

( 6. ) After a limitation to A. B. for life : Then Another for performance of a Will . follows : And from and after the decease of the said A. B. to the use of such Person or Persons , as the said A. B. by his last Will and Testament in writing , or by any other Writing to be by him sealed and subscribed in the presence of two or more credible Witnesses shall nominate and appoint , for such Term and until such time , as the same Person or Persons , so to be nominated , shall or may levy , take or receive , out of the yearly Rents , Issues and Profits of the Premisses , such sum or sums of Mony , nor exceeding the sum of Two hundred pounds in the whole : to be disposed of , distributed or paid to such Person or Persons , and in such manner and form , and to such ends , intents and purposes , as the said A. B. shall in and by his last Will and Testament , or other Writing , as is aforesaid limit and appoint : And in default of such limitation or appointment , to the Executors or Administrators of the said A. B. And after the end or determination of the said Vse or Estate last before-mentioned , Then to the use and behoof of C. B. Son and Heir of the said A. B. and the Heirs of the said C. B. lawfully begotten , or to be begotten : And for default of such Issue , to the use and behoof of the right Heirs of the said A. B. for ever .

CHAP. XI . Forms of Alteration of Vses upon Acts done , &c.

( 1. ) — TO the use and behoof of the said These were the uses of a Fine , &c. intended to be acknowledged . If other Lands be conveyed in lie● of the Lands limited , then the use in those Lands to be to another , &c. C. B. [ who is Feoffors Son ] for and during the Term of his natural life , and from and after his decease , to the use and behoof of E. B. wife of the said C. B. for and during the Term of her natural life : and from and after the decease of the said C. B. and E. B. and of the Survivor of them to the use and behoof of , &c.

( 2. ) Provided alwaies , and it is Covenanted , granted , concluded and agreed by and between all the said Parties to these presents , and it is the true intent and meaning of these presents , and of the said Parties hereunto : That if the said A. B. or the said C. B. or either of them , shall at any time hereafter , during the natural life of the said E. B. convey and settle , or cause or procure to be conveyed and setled a good , perfect and indefeasible Estate in the Law , in and to the said E. B. or to her use and behoof , of , in or to any other Mannor or Mannors , Lands or Tenements , within the Kingdom of England , of the clear yearly value of Two hundred pounds per annum , of lawful Mony of England , or more , over and above all Charges and Reprises , for Term of the natural life of the said E. B. and to and for her only use and behoof , to begin and take effect in possession , immediately upon the decease of the said C. B. in lieu and recompence of such Lands , Tenements and Hereditaments in D. aforesaid , as are before in and by these presents intended or agreed to be conveyed and assured unto the said E. B. for and during the Term of her natural life , in such manner and form as is aforesaid : That then the said Estate The alteration of the use . for life hereby limited and appointed to or for the said E. B. of , in and to the said Lands , Tenements and Hereditaments , and all and singular other the Premisses in D. aforesaid , shall cease , determine , and be utterly void , frustrate and of none effect . And that then and from thenceforth , the said Recovery and Recoveries , &c. shall be , and shall be adjudged , deemed and taken to be , and the said Recoverors , &c. and every of them , their and every of their Heirs , shall and will stand and be seized , and be adjudged , deemed and taken , to stand and be seized , from and after the decease of the said C. B. of and in such and so much , of the said Lands and Tenements ▪ and other the Premisses in D. aforesaid , as is limited and appointed before in and by these presents , to or for the use of the said E. B. for term of her life , as aforesaid , to the only use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said C. B. on the Body of the said E. B. lawfully begotten , and to be begotten , and for default of such Issue , then to such further use and uses , behoofs , intents and purposes , as be thereof before , in or by these presents expressed and declared , and to none other use or uses , intents or purposes whatsoever : Any thing before in these presents contained , to the contrary thereof in any wise notwithstanding .

( 3. ) This Indenture , &c. Between A. B. To alter the Use upon non-payment of an Annuity or Rent . vide Chap. 9. of the first part , C. D. and E. F. of the second part , and G. H. of the third part : Let there be first a Covenant from A. B. to le●y a Fine sur cognizance de droit come ceo , &c. of all that Mannor , &c. to C. D. and E. F. Then add , And it is Covenanted , agreed , condescended unto , and declared by and between all the said parties to these presents , That the said Fine so to be acknowledged and levied as aforesaid , shall be and in●re , and the said C. D. and E. F. their Heirs and Assigns , and the survivor of them , and his Heirs and Assigns , shall stand and be seised of the said Mannor , &c. and all other the Premisses , to the uses , intents and purposes hereafter mentioned , that is to say , to the end , intent and purpose , That the said G. H. and his Assigns , shall and may yearly during his natural life , lawfully and peaceably have , perceive and take out of the said Mannor , &c. and all other the Premisses , one yearly Rent of Two hundred pounds per annum , of lawful moneys of England , at two usual dayes or Feasts in the year , that is to say , the Feasts of , &c. with a Clause of Distress , &c. [ vide Chap. 8. Sect. 5. ]

( 4. ) And further , That if it shall happen Upon non-payment to enter . the said yearly Rent of Two hundred pounds , or any part thereof , to be behind or unpaid , by the space of Thirty days next after either of the said Feasts or days of payment , whereon the same ought to be paid as aforesaid , being lawfully demanded , That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns , into the said Mannor , &c. and Premisses , and every part and parcel thereof , to enter , and the same to have , hold and enjoy , for and during the term of his natural life . And that immediately from and after such Entry made , the said C. D. and E. F. [ the Feoffees or Cognizees ] their Heirs and Assigns , and all other person and persons whatsoever , Cognizees ( after Entry ) to stand seised to Grantees use . Another . which now are , or at the time of such default made , shall be seised of and in the said Mannor , &c. shall stand and be seised thereof , and of every part and parcel thereof , to the use and behoof of the said G. H. and his Assigns , for and during the term of his natural life , &c. with remainders over , &c.

( 5. ) And that if it shall happen the said yearly Rent of , &c. to be behind or unpaid , in part or in all , by the space of Thirty days next after either of the said Feasts or days of payment , whereon the same ought to be paid as aforesaid , being lawfully demanded , That then and from thenceforth it shall and may be lawful to and for the said G. H. and his Assigns , into the said Mannor , &c. and every part and parcel thereof , to enter , and the same to have , hol● and enjoy , until he shall out of the Rents , issues and profits thereof , have levied and received the said Annuity of , &c. and all and every the arrears The party to have the Land , until satisfied of the Rent and Arrear● . thereof , together with such reasonable costs , charges and expences , as the said G. H. or his Assigns shall be at , in the levying and receiving of the same . And that then and from thenceforth after such default and Entry made as aforesaid , the said C. D. and E. F. [ the Cognizees ] and their Heirs , shall stand and be seised of the said Premisses , and of every part and parcel thereof , to the use and behoof of the said G. H. and his Assigns , for , during , and until such time as the said G. H. or h●s Assigns , shall and may lawfully hold and enjoy the Premisses , according to the intent and true meaning of these presents , &c.

( 6. ) Provided alwayes , That if the said Another to make void and alter a Use upon Marr●age , without Fathers consent . C. B. or any of the Sons of the said A. B. lawfully begotten or to be begotten , which shall fortune to be Heir apparent of the said A. B. shall in the life-time of the said A. B. marry or take to Wife any Woman , or contract Marriage with any Woman , without the consent of the said A. B. first had and obtained in Writing , thereunto , That then the Estate , Vse , remainder and possession of every such person and persons so marrying or contracting , shall cease , determine , and be void : And that yet nevertheless all other the several Vses , Estates and Remainders , by these presents limited and expressed , of and for the said Mannors , &c. shall stand , remain and continue in full force and effect . And the said Fine so to be had and levied as aforesaid , shall be und in●re , and the said Cognizees , therein to be named , and the survivor of them , and his Heirs , shall stand and be seised of the said Mannor , &c. in the said Fine to be contained , to the use and behoof of such other person or persons , as should or ought to have had the same , by the true intent and meaning of these presents , next after the determination of the Estate of the same person or persons , so marrying or contracting in such manner and form , and of such Estate and Estates , as is herein before limited , any thing herein before contained to the contrary hereof in A Rent to cease upon a Daughters Marriage without Fathers license , or his payment to her a Portion . any wise notwithstanding .

( 7. ) And it is Covenanted , concluded and agreed by and between all the said parties to these presents , for them and every of them , their and every of their Heirs and Assigns : And it is the true intent and meaning of the said Feoffment , Fine , and other assurance of the said Premisses , so made as aforesaid , That they the said C. D. E. F. and G. H. shall stand and be se●sed of the said Mannor , and of all and singular other the Premisses , to the uses , intents and purpose following , that is to say , to the use , intent 〈◊〉 purpose , that the said C. B. the Son of the Feoffor A. B. and his Assigns , shall and may receive yearly , &c. And also to the use , intent and purpose , That K. B. one of the Daughters of the said A. B. shall and may yearly during the term of her natural life , have and perceive out of the said Premisses , one yearly Rent of Forty pounds per annum , of good and lawful money of England , to be paid at the Four usual Feasts of the year , that is to say , at the Feasts of the Annunciation of St Mary the Blessed Virgin , St. Io●n the Baptist , St. Michael the Archangel , and the Nativity of our Lord and Saviour Iesus Christ , by even and equal portions . And if it shall happen the said yearly Rent of Forty pounds , or any part thereof , to be behind or unpaid , at any of the said Feasts or days of payment , whereon the same ought to be paid as aforesaid , That then the said K. B. and her Assigns , during the life of the said K. shall and lawfully may enter and distrain in and upon the said Premisses , or any part thereof , for the same , so being behind , as for a Rent-charge , to all intents and purposes .

( 8. ) Provided alwayes , That if the said The Proviso . K. B. shall during the life-time of the said A. B. happen to marry , without the consent of the said A. B. to such Marriage , first had and obtained : Or if the said A. B. shall or do at any time during his natural life , bestow upon the said K. in Marriage , or otherwise , the sum of Five hundred pounds , of lawful moneys of England , That then and from thenceforth , the said Annual sum of Forty pounds per annum , shall cease and be determined , to all intents and purposes whatsoever .

( 9. ) To the use and behoof of the said A. B. To alter an Use limited to the Wife upon her claim of Dower . for and during the term of his natural life , without impeachment of or for any manner of waste ; and from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the term of her natural life : and from and after the decease of the said A. B. and E. B. and of the survivor of them , to the use and behoof of the right Heirs of the said A. B. for ever .

Provided always , and it is the true intent The Proviso to alter the Use . and meaning of these presents , That if the said E. B. shall or do at any time or times after the decease of the said A. B. ( in case she shall fortune to survive him ) commence , or cause to be commenced any Action or Suit , for any Dower , out of , or in all or any of the Mannors , Land , Tenements or Hereditaments of the said A. B. or whereof he was seised of any Estate of Inheritance , during the coverture between her and the said A. B. and shall not hold her self satisfied with the Lands and Tenements aforesaid , limited , meant and intended to and for her Ioynture , and in satisfaction of her Dower , That then and immediately from thenceforth , the said Vse and Estate herein before limited to the said E. B. shall cease , determine and be void , to all intents and purposes : and that then and from thenceforth , the said Cognizees shall stand and be seised of the Premisses , and of every part thereof , to the use and behoof of the right Heirs of the said A. B. according to the Limitation aforesaid .

( 10. ) To the use and behoof of the said A. B. Another . for and during the term of his natural life : and from and after his decease , to the use and behoof of E. B. now wife of the said A. B. for and during the Term of her natural life , or until such time as she the said E. B. or any other by her allowance or appointment , shall by any publick act , by her , him or them to be done , or permitted to be done , seek , endeavour or put in practice , to obtain any Dower , of , in or to any the Lands , Tenements or Hereditaments of the said A. B. or whereof he was seized of any Estate of Inheritance , during the Coverture between him and the said E. B. and immediately from and after such publick act as aforesaid , or after the decease of the said E. B. and A. B. to the use and behoof of the right Heirs of the said A. B. for ever .

( 11. ) Let there be a Covenant from A. B. to To alter a Use upon Non-payment of a sum in gross . levy a Fine to C. D. and then add as followeth : which said Fine so to be had and executed as aforesaid , of all and every the said Messuages , Lands , Tenements , Hereditaments and Premisses , shall be and inure , and shall be deemed , construed and taken , to be and inure to the onely use and behoof of the said C. D. his Heirs and Assigns for ever .

( 12. ) Provided alwaies nevertheless , That The Proviso . if the said C. D. his Heirs , Executors , Administrators or Assigns , shall not well and truly content and pay , or cause to be well and truly contented and payed unto the said A. B. his Heirs , Executors , Administrators or Assigns , in or upon the , &c. next ensuing the Date hereof , hereof , at or in the now dwelling house of the said A. B. scituate in H. aforesaid , the sum of One thousand pounds of lawful Moneys of Englands , but in payment thereof , or of any part thereof , shall make default contrary to the true intent and meaning of these presents , That then and from thenceforth , the use before limited to the said C. D. of , for and concerning all and every the said Messuages , Lands , Tenements , Hereditaments ●●d Premisses , and of , for and concerning every part and parcel thereof , shall cease and determine : ●nd that then and from thenceforth the said Fine to be had and executed , as aforesaid , and the Execution thereof shall be and inure , and the said C. D. his Heirs and Assigns , and all and every other Person and Persons , that shall stand and be seized of the said Messuages , Lands , Hereditaments and Premisses , or of any part or parcel thereof , shall stand and be seized thereof , from and after such default of payment made , as aforesaid , to the use and behoof of the said A. B. his Heirs and Assigns for ever , and not to any other use or uses , intents or purposes whatsoever .

( 13. ) Provided always , and it is Covenanted , Another being a provision for a younge● Son . granted , condescended , concluded and fully 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 C. D. [ the Elder Brother ] or some other person or persons , to whom any Estate is hereby limited , or intended to be limited , of and in the said Mannor of D. in the said County of M. and the Lands , Tenements and Hereditaments thereunto belonging , or any of them , their , or some or one of their Heirs or Assigns , or some or any of them , shall not within two years , next after the decease of the said A. B. well and truly pay , or cause to be paid unto E. B. one of the Sons of the said A. B. [ if he the said E. B shall be then living ] the su● of Two thousand pounds of lawful Moneys of England , That then , and immediately after such default of payment , all and every the Vse and Vses herein before limited and declared , as for and concerning all the said Mann●r of D. and the Lands , Tenements and Her●ditaments thereunto belonging , shall cease and be vaid : And 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 inure ; and the Recoveror and Recoverors therein named , his and their Heirs shall stand and be seized of and in the said Mannor and Premisses , in the said County of M. to the use and behoof of the said E. B. his Heirs and Assigns for ever .

( 14. ) Make an Indenture Tripartite , between Another , ●o alter a use upon payment of a sum in gross . A. B. and E. his wife , of the first part : C. D. and E. F. of the second part : and G H. of the third part : and let A. B. for himself , and E. B. his wife , Covenant to levy a Fine to C. D. and E. F. of all those Mannors , &c. Then add : And it is Covenanted , granted , concluded and agreed , by and between all and every the said Parties to these presents , for them and every of them , their and every of their Heirs and Assigns , That the said Fine , so to be acknowledged and levyed as aforesaid , of the said Manno●s , Lands , Tenements , Hereditaments and Premisses , and the Execution thereof , and the Estate , Right , Title , Interest and Possession of them the said C. D. and E. F. and of the Heirs of such of them , to whom the Inheritance of and in the Premisses shall be limited , in and by the said intended Fine , shall be , and for ever shall be adjudged and taken to be : And also , that they the said C. D. and E. F. and the Heirs of such of them , to whom the Inheritance of the said Premisses shall be limited , in and by the said inten 〈…〉 ine , shall stand and be seized of , and in all an● singular the said Mannors , Lands , Tenements , Hereditaments and Premisses , and of every part thereof , with Th' appurtenances , to and for the uses , intents and purposes hereafter in these presents mentioned : that is to say : To the use and behoof of the said G. H. his Heirs and Assigns for The use of the Fine . ever , under the Proviso , Condition and Agreement , hereafter in these presents mentioned and contained .

( 15. ) Provided always , and upon Condition , Proviso , to make void the use upon payment of Money . That if the said A. B. his Heirs , Executors or Administrators , or any of them , shall and do well and truly satisfie and pay , or cause to be well and truly satisfied and payed unto the said G. H. his Heirs , Executors , Administrators or Assigns , the full sum of One thousand pounds of lawful Moneys of England , at or in the Middle-Temple-Hall , London , in manner and form following , viz The sum of Five hundred pounds thereof , on the , &c. That then and from thenceforth , the said Vse and Estate of the said G. H. and of his Heirs and Assigns , of and in all and every the said Mannors , &c. shall forthwith cease and be utterly frustrate and void : And also , that immediately from and after the said sum of One thousand The new use limited after payment pounds shall be fully satisfied and paid as aforesaid , the said Fine so intended to be had and levyed as aforesaid , and the Estate thereby in any wise to be had or made , shall be , and for ever shall be taken to be , of and in all and every the said Mannors , Lands , Tenements , Hereditaments ●nd Premisses , to the use and behoof of the said A. B. and E. his wife , for and during their natural lives , and for and during the natural life of the longer liver of them , and from and after their deceases , then to the use and behoof of the Heirs Males of the Body of the said A. B. upon the 〈◊〉 of the said E. B. lawfully begotten , and 〈◊〉 default of such Issue , to the use , To alter an Use upon a Portion given in Marriage , paid back ; if the Marriage take not effect . &c.

( 16. ) — To the use of G. H. and his Heirs , until the said sum of Five hundred pounds paid by the said G. H. unto the said A. B. as the Marriage Portion of the said E. H. in case the said intended Marriage between the said C. B. the Son of A. B. and the said E. H. shall not take effect before the Feast of , &c. next ensuing the Date hereof , be repayed by the said A. B his Heirs , Ex●●●tors or Administrators unto the said G. H. his Executors or Administrators . But in case the said Marriage shall take effect , Then from and after the said intermarriage had and solemnized , the said Fine so to be had and levyed as aforesaid , shall be and enure , and shall be deemed , construed and taken to be and enure , to the use and behoof of the said C. B. for and during the term of his natural life , and from and after the decease of the said C. B. to the use and behoof of the said E. for and during the term of her natural life : And from and after the decease of the said C. B. and E. F. and the Survivor of them , To the use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said E. lawfully to be begotten , &c. And in case the said Marriage shall not take effect before the said Feast of , &c. That then , immediately from and after the said repayment of the said Marriage Portion , to be made as aforesaid , the said Fine to be had and levyed as aforesaid , shall be and enure , and shall be deemed , construed , reputed and taken to be and enure to the use and behoof of the said A. B. his Heirs and Assigns for evermore .

CHAP. XII . Power given to Revoke Vses , and to limit New .

( 1. ) PRovided always , that if the said A. B. Power to revoke by Deed attested by two or more Witnesses . shall at any Time , during his natural life , intend or be minded to alter , change , repeal , revoke , or make void all the said Estates , Vses , Remainders and Limitations before in these presents mentioned , or any of them , of and in the Premisses , or any part or parcel thereof ; And shall by any Deed or Deeds in writing , under his Hand and Seal , to be attested by two or more credible Witnesses , subscribing their Names thereunto , signifie and declare , that his mind and intent is , to alter , change , repeal , revoke , or make void the said Estates , Vses , Remainders and Limitations , or any of them , That then and at all times , from and after such Deed or Deeds shall be so signed , sealed and attested , as aforesaid , All and every the said Vses , Estates , Remainders and Limitations , before in these presents specified and declared , or such or so many of them as shall be mentioned in the said Writing o● Writings of Revocation , to be repealed , revoked , or made void of or in the said Premisses , or any part thereof , shall from thenceforth cease , determine , and be repealed , revoked and utterly void for ever . And that Cognizees , &c. to stand seized to other uses . then and from thenceforth , the said C. D. E. F. &c. and the Survivors and Survivor of them , his and their Heirs , and all and every other Person and Persons whatsoever , which shall be then seized of the said Premisses , with Th' appurtenances , or of any part or parcel thereof , shall stand and be seized thereof , or of so much thereof , as shall be mentioned and contained in the said Writing or Writings of Revocation , to be therein and thereby revoked , repealed , and made void , as aforesaid , to the onely use and behoof of him the said A. B. his Heirs and Assigns for ever , or to such other use or uses , intents and purposes , as in and by the said Deed or Deeds , Writing or Writings of Revocation , shall be limited , declared and appointed : and to none other use , intent or purpose whatsoever : any thing before specified , to the contrary thereof in any wise notwithstanding .

( 2. ) Provided always , and it is fully agreed by and between all the said Parties to these presents , To revoke , and limit new Uses , by Deed or last Will . That it shall and may be lawful to and for the said A. B. at any time or times hereafter , during his life , at his free will and pleasure , by his Deed or last Will and Testament in writing , by him to be Sealed and Published in the presence of three credible Witnesses at the least , to alter , change , determine , revoke , or make void all or any the Vse or Vses , Estate or Estates in these presents before declared , mentioned or limited , of the Premisses or any part thereof : And that at all times from and after such time as the said A. B. shall by any such his Deed or last Will in Writing , so express and declare his pleasure and mind to be , to alter , change , determine , revoke or make void all or any the Vse or Vses , Estate or Estates in these presents before declared , mentioned or limited , of the said Premiss●s , or any part thereof , That then and from thenceforth , all or such of the said Estate and Estates , Vse and Vses herein before declared , as shall be so declared and mentioned by such Deed or last Will of the said A. B. to be altered , changed , determined or made void , sh●l● cease determine and be void : And that then and from thenceforth , the said Fine or ●ines , and the said Cognizees therein to 〈◊〉 named , and all other Person and Persons , which shall then happen to be seized of New Uses . the Premisses , or any part or parcel thereof , of which the Vse or Vses shall be so altered , changed , revoked , determined or made void , shall thereof stand and be seized to the use of such Person and Persons , and of such Estate and Estates , and in such manner and form , as in and by such Deed or last Will of the said A. B. Sealed , Published and Attested as aforesaid , shall be declared and expressed , and for want of such declaration , to the use and behoof of the said A. B. his Heirs and Assigns for ever .

( 3. ) Provided always nevertheless , and it is Another where the Uses were raised by a Covenant to stand seized . Covenanted , concluded and fully agreed by and between all the said Parties to these presents , That if the said A. B. shall be mindful at any Time hereafter , to alter or revoke the said Vses or any of them , and the Estate or Estates that shall or may be vested or setled by vertue , force , or reason of these presents , and of the Statute of transferring Vses into possession , It shall and may be lawful to and for the said A. B. at all times at his own will and pleasure , during his natural life , in or by his Deed in writing , to be testified by two or more credible Witnesses , or by the last Will and Testament of him the said A. B. to be testified as aforesaid , to revoke , alter , change , determine , annul , make void and frustrate all or any of the said Vses or Estates in these presents before mentioned , of all or any part or parcel of the said Mannor , &c. And also by his said Deed in writing , or by his last Will in writing , to be testified as aforesaid , to limit , declare and appoint the Vses of the said Mannor , Lands and Premisses , or of any of them , or of any part or parts of them , to any of the Persons before-named , or to any other Person or Persons whatsoever . And , that upon such new Declaration , Limitation and Appointment of any new or other Vse or Vses , Estate or Estates , of or in the Premisses , or any part or parcel thereof , as aforesaid . The Vse and Vses , Estate and Estates of such or so much of the Premisses , whereof any such new Declaration , Limitation and appointment , shall be so had and made , shall be , and the said A. B. his Heirs and Assigns , and all and every other person and persons , and his and their Heirs and Assigns , which at any time hereafter shall stand and be seised of such and so much of the Premisses , whereof any such new Declaration , Limitation and appointment , shall be so had and made , shall stand and be seised thereof , to the use of such person and persons , and of such Estate and Estates , as shall be mentioned and expressed in the said Deed or last Will , any thing in these presents contained to the contrary hereof in any wise notwithstanding .

( 4. ) Provided always , and the true intent Another and meaning of these presents , and of all the parties hereunto is , That it shall and may be lawful to and for the said A. B. and the said A. B. shall have full power at all times hereafter , and from time to time during his life , at his free will and pleasure , by any his Deed or Deeds , Writing or Writings , or by his last Will and Testament in writing , by him to be seal'd and subscribed , in the presence of Two or more credible Witnesses , to alter , change , diminish , enlarge , revoke , determine or make void all and every , or any the Vse and Vses , Estate and Estates , before , in and by these presents limited , expressed , mentioned , declared or appointed to any person or persons , of or in the said Premisses , or any part or parcel thereof , and to declare , create , limit or appoint any other Vse or Vses , Estate or Estates , to any of the person or persons aforesaid , or to any other person or persons whatsoever , in such sort , manner and form , and for such Estate or Estates , term & terms , as the said A. B. shall think meet and convenient . And that at all times , and from time to ●●me immediately from and after such alteration , change , diminution , inlargement , revocation or determination of the said Vse or Vses , Estate or Estates , and Creation , Declaration , Limitation or Appointment of any other Vse or Vses , Estate or Estates , The said Fine or Fines , and Recovery or Recoveries , and all and every other Conveyance and Conveyances , Assurance and Assurances in the Law whatsoever , heretofore had or made , or at any time hereafter to be had or made , of the said Mannor , &c. or of any part thereof , according to the intent and true meaning of these presents , shall be and enure , and shall be construed , deemed , adjudged and taken to be and enure . And the said Cognizee or Cognizees of the said Fine or Fines , and Recoveror or Recoverors in the said Recovery or Recoveries , and the Survivors and Survivor of them , their and every of their Heirs , and the Heirs of the Survivor of them , shall immediately from thenceforth stand and be seized of and in the Premisses , or of or in such part thereof , whereof any such Declaration , Creation , Limitation or Appointment of other Vse or Vses , Estate or Estates , Term or Terms shall be made , as is aforesaid , to and for such Vse and Vses , Estate and Estates , intents and purposes , and of such Person and Persons , and in suc●●ort , manner and form , as the said A. B. in or b● such Deed or Deeds , Writing or Writings , or b● his last Will and Testament in writing , by him Sealed , and subscribed and testified as aforesaid , shall from time to time Create , declare , limit , express or appoint , and to none other use , intent or purpose whatsoever . These presents , or any thing therein contained , to the contrary thereof in any wise notwithstanding .

( 5. ) Provided alwayes , and it is further Another giving power to revoke Uses , with exception of Leases , &c. hereby Covenanted , granted , condescended , agreed , published and declared by and between all and every of the aforesaid parties , That the true intent and meaning as well of the aforesaid Recovery , as of the said Fine , and of all and every of the respective parties , to the same and to these presents , was and is , that it should and might be , and shall and may be lawful to and for the said A. B. from time to time and at all times during his life , by his Writing or Writings by him to be signed or sealed , in the presence of Three Witnesses of credit , or more , to signifie or declare , that his will and pleasure is , That all or any of the Vse or Vses , Estate or Estates in possession , Reversion or remainder , limited , appointed , raised , created or implied in or by these presents , shall cease , determine , be void or revoked , of , for , touching or concerning all or any of the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , or any of them , or for , touching or concerning any part or parcel of them , or any of them : And that then and from thenceforth all and every of the said Vse and Vses , Estate and Estates in possession , Reversion or remainder , so signified or declared , to cease , determine , be void or revoked , shall then and from thenceforth cease , determine , and be utterly void and revoked , according to the intent and true meaning of the said A. B. so as aforesaid to be signified and declared ; other then such Lease or Exception , vide Apres , Sect. 9. Leases , Estate or Estates , or Charges , which he the said A. B. shall make , lay or charge of or upon any of the Premisses , for satisfying of Debts , or for valuable consideration in money , or otherwise , by force of the aforesaid Proviso in these presents before expressed . And also that Raising new Uses . then and from thence forth , at all time and times after such signification or significations , Declaration or Declarations , so to be made , it shall and may be lawful to and for the said A. B. at any time or times during his life , so often as he shall think good , by any other his Writing by him to be signed , sealed and testified as aforesaid , to limit , create , appoint and declare , of , for and concerning the said Mannors , Lands , Tenements , Hereditaments and Premisses , or any of them , any new , or other Vse or Vses , to the person or persons aforesaid , or to any other person or persons whatsoever ; and that then and from and after such new Limitation , the said Recovery and Fine respectively shall be and inure . And New Uses the said Recoverors in the said Recovery , and Cognizees of the said Fine , and their Heirs , and all and every person and persons , who then shall be and stand seised of and in the Premisses , or any part thereof , whereof such new Vse or Vses shall be declared , created , raised , limited or appointed , and his and their Heirs shall respectively stand and be seised of the same Premisses , or such part thereof , whereof such new Vse or Vses shall be declared , limited or appointed , to such use and uses of such person and persons , to whom such other or new Estate or Estates , Vse or Vses , shall be newly declared , created , raised , limited or appointed ; and for such Estate and Estates , and in such manner and form , and by and under such Limitations , Conditions and Provisoes , as shall be so newly appointed , expressed or declared . And for want of such Declaration or new Limitation , so to be made , after any such Revocation , Then the said Recovery and Fine touching such of the Premisses , whereof no such Declaration , Limitation or appointment of Vse , shall be made , shall be and inure , to the only use and behoof of the said A. B. his Heirs and Assigns for ever , any thing herein before contained to the contrary thereof notwithstanding . But it is and always was the intent of all the parties to these presents , That no Revocation or new Limitation should or shall any way frustrate or make void any Lease , Estate , Rent or Charge made , granted or charged , or No Revocation or new Limitation to prejudice Leases , &c. to be made , granted or charged of or upon the Premisses , or any part or parcel thereof , by the said A. B. for valuable consideration , or otherwise , by vertue or force of any former Proviso in these presents expressed , but that the same and every of them shall stand good , according to the purport and true meaning of them and every of them , notwithstanding any such Revocation , or new Limitation hereafter to be made .

( 6. ) Provided always , and it is hereby explained Power of Revoc●tion of uses as to particular persons , and limiting new . and declared to be the true intent and meaning of these presents , and of all the parties to the same , That it shall and may be lawful to and for the said A. B. and E. his Wife , at any time during the Coverture between them , by any Writing or Writings Indented , to be by them signed and sealed , in the presence of Three or more credible Witnesses , who shall thereunto subsscribe or indorse their Names or Marks , testifying the same , to alter , change , Revoke , determine , diminish or enlarge all or any the Vse or Vses , herein before limited , touching or concerning the said Messuage , Lands and Premisses , herein before limited , to the said A. B. and E. his Wife , for their lives , or any part or parcel thereof : And by the same Writing or Writings , or by any other Writing or Writings Indented , so signed , sealed and testified as aforesaid , to limit or appoint any other Vse or Vses of the same last mentioned Messuage , Lands and Premisses , or any part or parcel thereof , to the said person or persons , or to any other person or persons , and of such Estate and Estates , as to them shall ●eem meet . And in case any such new Limitation or appointment of Vses shall be made , That then the said Fine so to be levied , shall be and inure , and shall be deemed , adjudged , construed and expounded to be and inure , as touching the said Messuage , Lands and Premisses last before mentioned , and every or any part thereof , whereof such new Vse or Vses shall be limited or declared , as aforesaid , to and for such new Vse and Vses , as in and by such Writing or Writings , so to be signed , sealed and testified as aforesaid , shall be expressed , limited and declared .

( 7. ) Provided alwayes , and it is the true Another as to particular persons . intent and meaning of these presents , and of all the parties hereunto , That if the said A. B. shall at any time hereafter during his natural life , be minded or willing to revoke and make frustrate and void the Vse and Vses , limited as aforesaid to the said C. B. and D. B. and their Heirs respectively , or to limit , raise or appoint any other Vse or Vses , for or concerning the Premisses , to them herein before limited , or any part or parcel thereof : And the same his will and meaning shall declare in writing under his Hand and Seal , in the presence of Two or more credible Witnesses , That then and immediately after such Declaration had and made , the said Vse and Vses hereby limited to the said C. B. and D. B. and their Heirs , of , for and concerning the said Premisses , or so much thereof , whereof the said A. B. shall make such Declaration , shall cease , determine , and be utterly void . And that then and at all times after the said Fine shall be and inure , and the said C. D. E. F. and G. H. the Cognizees , and their Heirs and Assigns , shall stand and be seised of the same Premisses , whereof such Declaration shall be made to such other Vse and Vses , as the said A. B. either by the same , or by any other Writing under his Hand and Seal , to be testified as aforesaid , at any time during his life , shall nominate and appoint .

( 8. ) Provided alwayes , &c. That it shall Another whereby power is given to revoke , and limit new Uses , with consent of Cognizees , F● off●●s , &c. and may be lawful to and for the said A. B. at any time or times during his natural life , by his Deed or Deeds Indented , to be by him seal'd and delivered in the presence of , &c. by and with the consent and approbation of the said C. D. E. F. and G. H. or of the survivors or survivor of them , his or their Heirs and Assigns , testified in writing under his and their Hands and Seals , to alter , change , determine or make void , all or any the Estate or Estates , Vse or Vses , before by these presents limited and appointed ( except only the Vses hereby before limited and appointed , to or for the Ioynture of the said E. B. as aforesaid . ) And that from and after such alteration , change , Revocation , determination or making void thereof , or of any part thereof , these presents , and all other Assurances of the Premisses whatsoever , shall be and enure , and shall be adjudged , deemed , construed and taken to be and enure . And the said C. D. E. F. and G. H. and their Heirs and Assigns , and the Heirs and Assigns of the survivor and survivors of them , shall stand and be seised of all and singular the Premisses ( except before excepted ) Exception . or so much thereof , whereof such alteration , change , Revocation , determination , or making void , shall be had and made as aforesaid , to such other use and uses , and to the use of such person and persons , and for such Estate and Estates , and in such sort , manner and form , as the said A. B. by any such Deed or Deeds Indented , seal'd and executed in the presence of , &c. by and with such consent and approbation as is aforesaid , shall declare , limit and appoint . And from and after such Revocation , in default of such Declaration , limitation and appointment , then to the use and behoof of the said A. B. his Heirs and Assigns for ever .

( 9. ) Provided always , &c. That the said A. B. Another with a Clause to preserve Leases . shall and lawfully may at any time , during his natural life , with the licence and assent of the said , &c. or his Heirs , under his or their Hand or Seal , or Hands and Seals first had and obtained in writing , by the Deed or Deeds of him the said A. B. duly executed in the presence of , &c. to alter , change , repeal or revoke , the Vses or Limitations before-mentioned , or any of them , and by the same , or afterwards by any other Deed or Deeds to be testified as aforesaid , to limit or appoint such part of the said Mannors , &c. whereof such licence shall be had and procured to be to such Vse or Vses , for such Estate or Estates , and for such Person or Persons , and his or their Heirs , as the said A. B. shall by such Deed or Deeds declare , limit or appoint . And it is agreed by and between the said Parties to these presents , That the said Conveyances herein before Covenanted to be had or made as aforesaid , shall be and inure , and the said Feoffe●s and their Heirs , after such Licence had and obtained as aforesaid , and such Declaration , Limitation and Appointment had and made , shall stand and be seized of the Premisses , or such part thereof , whereof such Declaration , Limitation and Appointment shall be made to such uses and intents , of such Estate and Estates , for such P●rson and Persons , and in such manner and form as by the said A. B. shall be declared , limited and appointed in manner and form aforesaid . Provided nevertheless , that the said signification or declaration , Proviso to pres●ve Leases . or any thing herein before expressed , touching or concerning the altering , changing , repealing or revoking of the said Vses , or any of them , shall not extend to any Demise or Demises , according to the intent and true meaning of these presents , to be made of the Premisses , whereof such signification or declaration shall be made as aforesaid , or any part or parcel thereof , but that notwithstanding any such declaration or signification , all and every the said Demise and Demises , Lease and Leases , in manner and form aforesaid to be made , shall stand , remain and continue in full force and effect , according to the intent and true meaning of such Lease or Leases , Demise or Demises : any thing herein before contained , to the contrary hereof in any wise notwithstanding .

( 10. ) Provided always , and it is concluded Another , as to one particular Messuage . and agreed by and between the said Parties , and the true intent and meaning of them , and every of them , and of these presents is , That it shall and may be lawf●l to and for the said A. B. from time to time , and at all times hereafter , during the term of his natural life , by any his Deed or Deeds , Writing or Writings , to be by him the said A. B. signed , sealed or delivered in the presence of two or more credible Witnesses , to revoke , frustrate and make void all or any of the Vse or Vses , Estate or Estates , or Limitations herein before limited , declared or appointed , of , for or concerning one Messuage or Tenement before mentioned , and the Lands thereunto belonging , lying in Y. aforesaid , in the occupation of the said , &c. or any part or parcel thereof ( other then the Vse herein before limited to the said E. B. for term of her life as aforesaid ) And that then and from thenceforth , the Vse and Vses , Estate and Estates , and Limitations herein before declared , limited or appointed , of , for and concerning the said Messuage , or Tenement and Lands , or such part thereof , for or concerning which any such revocation shall be so had or made ( other then the said Vse herein before limited to the said E. B. ) shall cease , determine and be utterly revoked , frustrate and made void : And that then it shall and may be lawful to and for the said A. B. by the same Deed or Deeds , or by any other Deed or Deeds to be signed and sealed by the said A. B. and testified as aforesaid , to declare , limit or appoint any other new Vse or Uses , Estate or Estates whatsoever , of the said Messunge and Premisses , 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 E. B. in manner and form aforesaid , any thing herein before contained , to the contrary thereof in any wise notwithstanding : And that then and from thenceforth , the said Recovery and Recoveries , as to the said Messuage and Lands , or such part thereof , concerning which , any such Revocation and new Declaration shall be made , shall be and inure , and the said Recoverors , and their Heirs , shall thereof stand and be seized , to such Use and Uses , intents and purposes , as the said A. B. by any such Deed or Deeds , Writing or Writings , as aforesaid , shall declare , limit , or appoint .

CHAP. XIII . The forms of Deeds of Revocation , and Limitation of New Vses .

( 1. ) TO all Christian people to whom this A short Deed of Revocation . present Writing shall come . A. B. of , &c. sendeth greeting in our Lord God everlasting : Know ye that I the said A. B. do by this my present Writing , sealed with my seal , and subscribed with my Name , in the presence of I. K. L M. N. O. three credible Witnesses , whose Names are hereunto subscribed , revoke , determine and make void and frustrate all and every the Uses and Estates , mentioned , raised , created , limited and made in and by one Indenture of Feoffment , bearing date , &c. made between me the said A. B. of the one part , and C. D. E. F. and G. H. on the other part , of and for the Messuage , or Tenement and Lands , Hereditaments and Premisses , with Th' appurtenances , in the said Indenture mentioned , and of and for every part and parcel thereof . And I do by these presents New Use appointed to the Party revoking , and his Heirs . absolutely limit , determine and appoint , that all and singular the Feoffees , Parties and Persons in the said Indenture mentioned , and their Heirs and Assigns , shall immediately and from henceforth stand and be seized of the said Messuage , Lands , Tenements and Hereditaments in the said Indenture mentioned , and of and in every part and parcel thereof , to the onely use and behoof of me the said A. B. mine Heirs and Assigns for ever , in a pure and absolute Estate of Fee-simple : In witness whereof I the said A. B. have to this my present Writing , put my Hand and Seal , and subscribed my Name in the presence of the said I. K. L. M. and N. O. three credible Witnesses , whose Names are hereunto subscribed this twentieth Day of May , in the twentieth year of the Reign of our Soveraign Lord , &c.

( 2. ) To all Christian People to whom this present Writing shall come . I A. B. of , &c. do Another with recital of the former Deed of uses , and power of Revocation . send greeting in our Lord God everlasting : Whereas by one Indenture bearing Date , &c. made by me the said A. B. by the name of A. B. of , &c. Gent. on the one part , and C. D. E. F. and G. H. on the other part , for the consideration in the said recited Indenture mentioned and set forth : I did Covenant , promise and grant , &c. [ recite the Covenant to levy a Fine ] which said Fine so to be acknowledged and levyed , as aforesaid , of all and singular the Mannors , Messuages , Lands , Tenements and Hereditaments before mentioned , was in and by the said recited Indenture , Covenanted , granted , concluded and declared to be to such several uses and behoofs , and of such Estate and Estates , as are particularly in the said Indenture mentioned and set-forth . And whereas in the said recited Indenture there is a Proviso contained , as followeth : that is to say , Provided always , and it is the true intent and meaning of this present Recital of the Proviso . Indenture , and of all the Parties hereunto , That it shall and may be lawful to and for the said A. B at any time during his life , by any Deed or Deeds , Writing or Writings , or by his last Will and Testament in writing , by him sealed and subscribed in the presence of two or more credible Witnesses , to alter , change , inlarge , revoke , frustrate and make void , all , every or any of the Use or Uses , Estate and Estates , herein before expressed , limited , mentioned , declared or appointed to any Person or Persons , of and in the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , or in any of them , or in any part or parcel of them , or any of them , and thereof or of any part thereof , to create , declare , limit or appoint any other Use or Uses , Estate or Estates to any Person or Persons herein before named , or to any other Person or Persons whatsoever , in such sort , manner and form as the said A. B. shall think meet and convenient , and that at all times , and from time to time , immediately from and after such alteration , change , enlargement , revocation , or making void of all or any the said Use or Uses , Estate or Estates , and Declaration , Limitation or Appointment of any other Use or Uses , Estate or Estates , all and every those Use and Uses , Estate and Estates , of and in the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , or of or in any part or parcel thereof , or such of them which shall be so revoked and declared to be made void , as aforesaid , shall cease , determine and be utterly void and frustrate : And that then and from thenceforth the said Fine , and all and every other Conveyance and Conveyances , Assurance and Assurances whatsoever , had , or at any time hereafter to be had , or made between the said Parties , or any of them , of the said Mannors and Premisses , or of such part thereof , whereof such other Use or Uses , Estate or Estates , shall be so limited or declared as aforesaid , shall be adjudged , deemed , construed and taken to be and inure , and the said Cognizees of the said Fine , and the Survivors and Survivor of them , and the Heirs of the Survivor of them , shall immediately from thenceforth stand and be seized thereof , and of every part thereof , to and for such Use and Uses , Estate and Estates , intents and purposes , and of such Person and Persons , and in such sort , manner and form , as the said A. B. in or by such Deed or Deeds in writing , or last Will and Testament in writing , to be sealed , subscribed and testified , as is aforesaid , should create , declare , limit , express or appoint , and to no other use , intent or purpose whatsoever : And whereas afterwards , Recital del Fine . in performance of the Covenants , Grants and Agreements in the said recited Indenture mentioned , One Fine sur Cognizance de droit come ceo , &c. was had , levyed , acknowledged and executed , of and for the said Mannors , Lands , Tenements , and Hereditaments and Premisses , in the Court of Common-Pleas at Westminster , before his Majesties Justices of the said Court , by me the said A. B. unto the said C. D. E. F. and G. H. which said Fine was had , levyed and acknowledged to the Uses , intents and purposes , and with and under the several Provisoes , Conditions and Limitations in the said recited Indenture mentioned : Now know ye , that I the said A. 〈◊〉 . for divers good The Revocation . Causes and Considerations me moving , and by vertue of the said Proviso before mentioned , and liberty , power and authority , thereby to me given and reserved , Have altered , changed , revoked , determined and made void . And by this present Writing , being by me signed and sealed in the presence of the Persons under-named , do alter , change , revoke , determine and make void all and every the said Use and Uses , Estate and Estates , Created , raised , declared , limited and appointed by the said recited Indenture and Fine , and either of them ; and by force of the Statute of transferring Uses into Possession , of and in the said Mannors , Lands , Tenements Hereditaments and Premisses , and of or in any part or parcel thereof . And I the said A. B. The limitation of New uses . out of the Fatherly love and affection that I do bear unto R. G. my onely Daughter and Heir apparent , now wife to N. G. of , &c. Esq ; and to the Heirs of her Body lawfully begotten , do by these presents , by vertue of the said Proviso , in the said recited Indenture contained , and the liberty , power and authority therein and thereby to me given , and reserved as aforesaid , Create , declare , limit and appoint , That the said Fine so had , levyed and acknowledged , as aforesaid , of the said Mannors and Premisses , herein before mentioned as aforesaid , shall be and inure , and that the said Cognizees , and their Heirs , shall stand and be seized of and in the said Mannors and Premisses , and of and in every part and parcel thereof , to the use and behoof of me the said A. B. for and during the term of my natural life , without impeachment of or for any manner of Waste : And immediately from and after my decease , to the use and behoof of the said R. G. and N. G. her Husband , and of the Heirs of the Body of the said R. G. and in default of such Issue , to the use and behoof of the right Heirs of me the said A. B. for ever : Here may be a Proviso for Revocation of these Uses .

( 3. ) To all Christian People , &c. A. B. of , &c. Another with a more brief recital . sendeth greeting in our Lord God Everlasting . Whereas , in and by one Indenture , bearing Date the , &c. made between me the said A. B. of the one part , and I. S. of , &c. Gent. on the other part . There is ( amongst other things ) one Proviso contained in these or the like words , in effect hereafter following : that is to say : Provided always , &c. [ and to set forth the Proviso word for word ] As in and by the said recited Indenture , more plainly and at large it doth and may appear . Now know ye , That I the said A. B. pursuant to the said Proviso , and the power and authority to me thereby given , do by this my present Deed or Writing , sealed and subscribed by me the said A. B. in the presence of three credible Witnesses , whose Names are hereunto subscribed , declare and publish my mind , intent and meaning to be , to revoke , alter , make void and frustrate : And I do by these presents , revoke , alter , make void and frustrate all and every the Use and Uses , Estate and Estates , Trust and Trusts , in and by the said recited Indenture , declared , limited and appointed , of , for and concerning all and every the Mannors , Messuages , Lands , Tenements , and other Hereditaments , mentioned , contained and specified in the said Indenture , with their and every of their Appurtenances , and of , for and concerning every part and parcel thereof . And I do hereby , further declare , limit and appoint , That the said Mannors , Messuages , Lands , Tenements , and other Hereditaments , with Th' appurtenances , shall remain and be , and that the said I. S. and his Heirs , and all and every other Person and Persons standing and being , or which at any time hereafter , shall stand and be seized of and in the same , shall stand and be seized thereof , and of every part and parcel thereof , to the use and behoof of me the said A. B. my Heirs and Assigns for ever .

( 4. ) This Indenture made , &c. Between Another with a Feoffment added . A. B. of the one part , and F. G. of the other part . Whereas the said A. B. did heretofore , by his Indenture bearing Date the , &c. made between him the said A. B. on the one part , and C. D. E. F. and G. H. on the other part , Covenant , grant and agree to and with the said C. D. E. F. and G. H. their Heirs , Executors and Administrators , That he the said A. B. and his Heirs , in such manner and form , as in and by the said recited or mentioned Indenture , is Covenanted and agreed , should and would convey and assure , or cause to be conveyed and assured unto the said C. D. E. F. and G. H. and their Heirs , and to the Survivor of them , and his Heirs , All and singular the Mannor of , &c. [ with general words ] to the several uses , intents and purposes , and under the several Provisoes and Conditions in the said recited Indenture mentioned , expressed and declared , and to no other use , intent or purpose whatsoever . The particulars of which said Uses , doth more plainly appear in and by the said recited Indenture , relation being thereunto had or made : In which said recited Indenture , there is nevertheless contained and comprised , one Proviso or Clause to the tenor or effect hereafter following . Provided nevertheless , &c. [ reciting the Proviso and power of Revocation , word for word ] Now witnesseth this present Indenture : And the said A. B. according to the tenor , power or liberty of the said Proviso , being fully minded , determined and resolved to alter and determine the Estate and Estates limited in Use , in or by the said recited or mentioned Indenture , unto I. S. of B. Esq ; and the Heirs Males of his Body , and also the Estate and Estates limited in use , in or by the said recited Indenture , unto I. S. for term of his life , without impeachment of Waste , and after his decease , then to B. S. son of the said I. S. and the Heirs Males of his Body lawfully begotten , doth by these presents , and by force of and according to the said Proviso , and the power The Uses in particular revoked . and liberty thereby given , revoke , repeal and determine all and every the said Estate and Estates , in any wise limited in use , in or by the said recited or mentioned Indenture , unto the said I. S. and the Heirs Males of his Body lawfully begotten ; and also all and every the Estate and Estates , in or by the said recited Indenture limited in use , unto the said I. S. for term of his life , and all and every the Estate and Estates , in or by the said recited Indenture , limited in use unto the said B. S. Son of the said I. and the Heirs Males of his Body lawfully begotten , of , in , for and concerning all and every the Mannors , Lands , Tenements and Hereditaments , with their and every of their Appurtenances , in any wise comprised , in or by the said recited or mentioned Indenture : And likewise , the said A. B. doth hereby declare , that the said several and respective Estates limited as aforesaid , severally and respectively , unto the said T. S. I. S. and B. S. and every of them , shall cease , determine , be frustrate , void and of no further effect , or continuance in Law . And that New Use . all and singular the said Mannors , Lands , Tenements and Hereditaments aforesaid , with their and every of their Appurtenances , and the onely use thereof , shall from henceforth remain , continue and be unto the said A. B. his Heirs and Assigns . Now this Indenture further witnesseth , that the said A. B. for and in consideration The Feoffment . of One thousand pounds of lawful Moneys of England , to him in hand payed , before the sealing and delivery hereof by the said F. G. the receipt whereof , &c. Hath given , granted , enfeoffed and confirmed unto the said T. G. his Heirs and Assigns . All that , &c. [ with usual general words , as in a Feoffment ] To have and to hold the said , &c. unto the said F. G. his Heirs and Assigns for ever . To the onely proper and absolute use and behoof of the said F. G. his Heirs and Assigns for evermore .

( 5. ) To all Christian People to whom this present Writing shall come . A. B. of , &c. doth Another , of Uses setled upon a Covenant to stand seized . send greeting in our Lord God Everlasting : Whereas the said A. B. hath by his Indenture , bearing Date , &c. for the consideration therein mentioned , Covenanted , granted , concluded and fully agreed to and with C. D. of , &c. that the said A. B. and his Heirs , and all and every other person and persons and their Heirs , which then stood or were seized of all and singular the Mannor of , &c. should from thenceforth stand and be seized thereof , and of every part and parcel thereof , to the several uses and behoofs in the said recited Indenture limited and set forth . And whereas in and by the said recited Indenture it is also Provided in these words following : Provided always , &c. [ reciting the Proviso word for word ] Now know ye , that the said A. B. being minded to revoke all and every the said Uses in the said recited Indenture mentioned and expressed , in pursuance of the said power and authority to him given by the said Proviso , doth by this present writing sealed and subscribed with his proper Hand and Seal , declare his will and pleasure to be , to adnul , determine , make void and frustrate : And doth by these presents , clearly and absolutely adnul , make void and frustrate , all and singular the said Uses in the said recited Indenture limited , and all and every the Estate and Estates thereupon executed , or to be executed , of , in or to the said Mannor , &c. and Premisses , and of , in and to every part and parcel thereof , in such sort , manner and form , as if the said Uses , or any of them , had never been limited or appointed . Any thing to the contrary , &c.

( 6. ) To all Christian People , &c. A. B. of , &c. Another made upon having Issue Male , pursuant to the power given . sendeth greeting , &c. Whereas by certain Indentures , bearing Date the , &c. made between me the said A. B. of the one part , and C. D. and E. F. of the other part : It was for the Causes and Considerations in the said recited Indenture specified , Covenanted , granted and concluded between the said Parties to the said Indentures , and every of them , amongst other things , in manner and form following : that is to say , First , I the said A. B. did by the same Indenture , for me , mine Heirs , Executors , Administrators and Assigns , and every of them Covenant , Recital of a Covenant to Enfeoff to Uses . grant , conclude and agree , &c. [ recite here the Covenant to Enfeoff the said C. D. and E. F. ] To such Uses , intents and purposes , as are in the said recited Indenture contained and set forth . In which said recited Indenture , there was also one Proviso contained and specified , as followeth . Provided always , &c. [ recite here the Proviso word for word : being a power given to A. B. to revoke , in case he should after have Issue Male of his Body ] And whereas also , for the accomplishment and performance of the Covenants , Grants and Agreements in the said Recital of the Feoffment . recited Indenture contained , the said Premisses in the aforesaid recited Indenture specified , were by one Deed Indented , purporting a Feoffment , bearing Date , &c. conveyed and assured by me the said A. B. unto the said C. D. and E. F. and their Heirs , unto the said intents and purposes in the said first recited Indenture mentioned and expressed , and according to the true intent and meaning of the said first recited Indenture . As in and by the said several recited Indentures more fully and at large it doth and may appear . Now know ye , That forasmuch He doth now ( having Issue Male ) revoke . as I the said A. B. hath since the said settlement , had Issue Male of my Body lawfully begotten , being now alive at the time of then sealing and execution of these presents : I have , according to the power and authority to me the said A. B. by the said recited Indenture and Proviso therein specified and contained , given , by this my present Deed in writing , under my Hand and Seal , and delivered according to the purport of the said recited Proviso , in the presence of two sufficient Witnesses , altered , changed and revoked : and do by these presents alter , change and revoke , absolutely and in the whole , all and every the Use and Uses , in and by the said first recited Indenture limited and appointed , of all and singular the Premisses , with Th' appurtenances , in the said recited Indenture specified ; and of every part and parcel thereof . And I the said A. B. do further by these presents ( in such and as ample manner and form , as by any Proviso , or power of alteration , determination or revocation of Use or Uses , I may or can ) absolutely disanull , determine and revoke , all and singular forms , Use and Uses by me limited or declared , in or by any former Conveyance and Conveyances , Assurance and Assurances whatsoever heretofore , of the Premisses , or any part thereof , by me made and executed in such ample manner and form as if the said Use , Uses , or Limitations had never been had made or declared . And furthermore know ye , That I the said A. B. for divers good Causes and Considerations , me thereunto especially moving , do by these presents , according to the power to me given as aforesaid , limit and appoint , The new Uses . that the said C. D. and E. F. their Heirs and Assigns , and all and every other Person or Persons , which now stand or be seized of the said Premisses , or any part thereof , with Th' appurtenances , shall from henceforth stand and be seized of the same : And that all and singular Feoffments , and other former Assurance and Assurances whatsoever , by me made and executed thereof , and of every part and parcel thereof , shall be and inure , and are by these presents declared to be meant , and intended to be and inure to the use and behoof of me the said A. B. mine Heirs and Assigns for ever . Any thing herein before contained , &c.

CHAP. XIV . The several forms of Settlements .

( 1. ) THis Indenture Tripartie , made , &c. A Covenant to levy a Fine , with declaration of Uses . The Consideration . Between A. B. and E. his wife of the first part ; C. D. and E. F. of the second part ; and C. B. Son and Heir apparent of the said A. B. on the third part : Witnesseth , that the said A. B. for and in consideration of the natural love and affection which he beareth unto the said C. B. and for the better setling of the Messuages , Lands and Tenements hereafter mentioned , to such uses , intents and purposes as are hereafter specified , and the continuance of the said Premisses in the Name and Bloud of the said A. B. Doth for himself , his Heirs , Executors and Administrators , Covenant , grant and agree to and with the said C. B. his Heirs , Executors and Administrators by these presents : That he To levy a Fine . the said A. B. and E. his wife , on this side , and before the Feast of , &c. next ensuing the Date hereof , shall and will at his proper Cost and Charges , by such Fine or Fines , with Proclamations , to be had and levyed in due form of Law , as shall be devised or advised by the said C. B. or his Counsel learned in the Law , convey and assure unto the said C. D. and E. F. and to the Heirs of one of them , All and singular those his Messuages , Lands , &c.

( 2. ) And it is Covenanted , condescended The Uses . unto , concluded , declared and agreed , by and between the said Parties to these presents , That the said Fine or Fines , so to be levyed and had of the said Messuages , Lands , &c. and other the Premisses , with Th' appurtenances before in these presents mentioned , and of every or any part or parcel thereof , and the Estate , Right , Title , Interest and Possession of them the said C. D. and E. F. and their Heirs , and either of them and his Heirs , of , in and to the said Premisses , and every part thereof , thereby to be had shall be : and the said C. D. and E. F. and their Heirs , and the Survivor of him and his Heirs , and all and every other Person and Persons , his and their Heirs , that shall stand or be seized thereof , or of any part thereof , shall stand and be seized of the same , and of every part or parcel thereof , to the several uses , intents , agreements , limitations and payments , and under the Provisoes and Conditions hereafter , in and by these presents expressed , mentioned and declared , and to none other use or uses , intents or purposes whatsoever : that is to say : To the onely use To A B. and E. B. for life remainder in Tail . and behoof of the said A. B. for and during the term of his natural life , without impeachment of or for any manner of Waste : and from and after his Decease , to the use and behoof of the said E. B. his wife , for and during the term of her natural life , and from and after the Deceases of the said A. B. and E. B. to the use and behoof of the said C. B. and of the Heirs Males of his Body lawfully begotten or to be begotten , to be charged nevertheless , and chargable with such yearly Rent or Rents , and distresses for the same , as shall be hereafter in these presents limited or expressed : And for want of such Issue , to the use and behoof of D. B. second Son of the said A. B. and of the Heirs Males of the Body of the said D. B. lawfully begotten , or to be begotten ( and so to the other Sons of A. B. if he hath any ) charged nevertheless and chargable , as aforesaid : And for want of such Issue , to the use and behoof of the right Heirs of the said A. B. for ever .

( 3. ) Provided always , That it shall and may Power for Tenant for life to make a Joynture . be lawful to and for the said A. B. at any time or times hereafter , during his natural life , by his Deed or Deeds , in his life time lawfully executed , to assure , appoint , limit and convey to any lawful Wife or Wives , which the said A. B. shall hereafter fortune to Marry ( in case he survive the said E. F. ) for term of the life onely of such Wife or Wives , for or in the Name of the Joynture or Joyntures of such Wife or Wives , one full third part or less , or so much as shall amount to a full third part , of all the said Messuages , Lands and Premisses . And also , that it shall and may be lawful to and for the said A. B. To convey Rents to younger Sons . during the term of his natural life , by any Deed or Deeds in writing under his Hand and Seal , or otherwise by his last Will and Testament in writing , to grant , assure , limit , devise and convey to every or any the younger Sons of the said A. B. of his Body lawfully begotten , or to be begotten , for term of the life or lives of such younger Son or Sons , such yearly Rent charge or Rents charge , with a Clause of Distress for every such Rent , as unto the said A. B. shall be thought meet and convenient , to be yearly issuing and going out of all and every the said Messuages , Lands , &c. or any part of them , from and after the decease of the Survivor of them the said A. B. and E. his wife , so that the said Rent or Rents so to be granted , limited or devised as aforesaid , do not exceed the sum of sixty pounds per annum in the whole .

( 4. ) And further , that it shall and may be To make Leases to younger Sons . lawful to and for the said A. B. at any Time or Times , during his natural life , to make any Lease or Leases unto every or any of his younger Son or Sons , for the Term of one and twenty years or under , in Possession or Reversion of all or any the said Messuages , Lands , &c. whereof the said Fine or Fines , before mentioned , is Covenanted to be levyed by the said A. B. or any part or parcel thereof ( the said Lease or Leases to commence immediately from and after the decease of the Survivor of them the said A. B. and E. his wife ) charged and chargable nevertheless with such Rent and Rents , sum and sums of Mony , or payments , as before or after in these presents are appointed , declared or limited , to be had , levyed or issuing out of the Premisses , or any part thereof , in such sort as in these presents is mentioned and declared , so that the same Lands , Tenements and Hereditaments , so to be Demised or Leased to any of the said younger Sons , do not exceed in the whole the yearly value of , &c. per annum , over and above the Rent or Rents reserved upon such Lease or Leases : and so as upon every such Lease and Leases so to be had and made as aforesaid , the old and accustomed yearly Rents , Customs and Services be reserved , to be yearly payable and done , during the continuance of every such Lease and Leases , at the Days and Times formerly used : And so that the same Lease and Leases , or any of them to be made as aforesaid , be not without impeachment of Waste . [ Here may be another Proviso to impower him to grant Rents to Servants , &c. ]

( 5. ) * * The Fines to be and inure for payment of the Rents , and advantage of the Lessees . And it is Covenanted , granted , concluded and agreed , by and between the said Parties to these presents , That the said Fine and Fines , so to be levyed and had as aforesaid , shall be and inure , and that the said C. D. and E. F. and their Heirs , and the Survivor of them and his Heirs , shall stand and be seized of all such Lands , Tenements and Hereditaments parcel of the said Premisses , which shall by vertue of these presents , be limited or appointed to be charged with any Rent or Rents , sum or sums of Mony , or payments to any Person or Persons , or which shall hereafter be Granted , Leased , Demised or Charged , according to the intent and true meaning of these presents , and according to the power , liberty and authority hereby given , permitted and allowed , as well to the use of such Person or Persons to whom any parcel of the Premisses in these presents mentioned , shall be hereafter so limited , appointed , demised , leased , granted or conveyed , of such Estate and Estates , and for such Term and Time as the same shall be pursuant to the said authority hereby given to be limited , appointed , eased , granted or conveyed : and under the Covenants , Charges , Conditions and Agreements , in such Lease or Leases , Deed or Deeds to be contained : As also , to the use and intent , that every Person and Persons , to whom any Rent , yearly sum or payment shall be hereafter granted , limited , appointed or devised , according to the true intent and meaning of these presents , and according to the power , liberty and authority , allowed or given , in and by these presents shall and may have , receive , levy and take the same , and likewise distrain for such Rent and Rents , sum and sums of Mony , as shall fortune to be behind and not paid , according to the intent and true meaning of these presents , and of the several Grant or Grants , Limitation or Limitations , Devise or Devises , Appointment or Appointments , of , for or concerning the same to be had or made , pursuant to the power and authority hereby given , as aforesaid , &c.

( 6. ) This Indenture tripartie , &c. Between The Uses declared upon a Recovery and Fine already had and levied . A. B. on the first part , C. D. on the second part , and E. F. and G. H. on the third part : Whereas the said E. F. and G. H. in the Term of Easter last past , did by Writ of Entry sur disseisin en le post , recover against the said C. D. all those the Mannors of A. B. C. &c. and Thirty Messuages , Twenty Gardens , one Thousand Acres of Land , &c. [ prout en le Recovery ] as in and by the said Recovery , remaining of Record in his Majesties Court of Common Pleas at Westminster , relation being thereunto had , more fully and at large it doth and may appear . And whereas , &c. [ recite also the Fine , if any be ] Now witnesseth this present Indenture , That the true intent and meaning of the said A. B. and of the said Recoverors , and parties to the said Recovery , and also of the Cognizees of the said Fine , and parties to the said Fine , before and at the several and respective time and times of the suffering of the said Recovery , and acknowledging and levying of the said Fine , for , touching and concerning the said Mannors , Lands , Tenements , Hereditaments and Premisses , whereof the said Recovery and Fine were severally and respectively suffered , levied and had as aforesaid , always was , and yet is , that as well the said Recovery , as the said Fine , and all and every Fine and Fines , Recovery and Recoveries , and other Acts and Assurances of and concerning the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , with the Appurtenances , or of any of them , at any time formerly suffered , levied , executed or had , wherein or whereunto the said A. B. was or is any way a party , and all and every the Executions of the same , and every of them , should and shall be and inure , and be construed , adjudged , deemed and taken to be and inure , and are hereby Covenanted , granted , agreed and declared to be and inure , to the uses , purposes and intents , and under the Provisoes , conditions and limitations , hereafter in these presents expressed , limited and declared . And that the said Recoverors , and either of them , and all the parties to the said Recovery , and takers thereby , and their Heirs , and all other person and persons , and his and their Heirs , who then were , now are , or hereafter shall be seised of the said Mannors , Lands , Tenements , Hereditaments and Premisses , with their and every of their Appurtenances , comprised in the said Recovery , should and shall stand and be seised of the said Mannors , &c. comprised in the said Recovery , and of every part and parcel thereof , with the Appurtenances , to the uses , purposes and intents hereafter expressed . And that the said Cognizees of the said Fine , and either of them , and all the parties to the said Fine , and the takers thereby , and the Heirs of them , and every of them , and all and every other person and persons , and his and their Heirs , who at the time of the levying of the said Fine , were , or now are , or hereafter shall be seised of the aforesaid Mannors , &c. comprised in the said Fine , and every of them , should and shall stand and be seised of the same Mannors , &c. Hereditaments and Premisses , comprised in the said Fine , and every part and parcel thereof , with the Appurtenances likewise , to the uses , purposes and intents , hereafter in these presents expressed and declared , that is to say , for , touching and concerning To the use of A. for life , after to E. his Wife for life . the said Mannor of A. with the rights , members , Appurtenances , Lands , Tenements and Hereditaments thereunto belonging , parcel of the said Mannors , Lands , Tenements and Hereditaments , comprised in the said Recovery , to the use and behoof of the said A. B. and his Assigns , for and during the term of his natural life , without impeachment of or for any manner of waste : And from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the natural life of the said E. B. for her Joynture , and in lieu and full recompence of her Dower , out of all the Mannors , Lands , Tenements and Hereditaments , whereof the said A. B. now is , or at any time was , or shall be seised of any Estate of Inheritance , during the coverture between him and the said E. B. And for , touching and concerning all and every the other Mannors , Lands , Tenements and Hereditaments , mentioned to be comprized in the said Recovery and Fine , to the use and behoof of the said A. B. for and during the term of his natural life , without impeachment of or for any manner of waste . And for , touching and concerning the immediate remainder of the said Mannor of A. with all the Lands , Tenements and Hereditaments thereunto belonging , before mentioned , or meant to be limited to the said E. B. for her Joynture , as aforesaid , immediately from and after the decease of the said A. B. and E. B. his Wife , and of the survivor of them , and the immediate remainder of all and every the said other Mannors , Lands , Tenements and Hereditaments , and every of them , comprised within the said Recovery and Fine ( whereof there is no Use before limited or declared to the said E. B. for her Joynture ) to such uses , purposes and intents ( immediately from and after the decease of the said A. B. ) and under such Provisoes , conditions and limitations , as hereafter in these presents are specified , expressed , limited and declared , and to no other To the use of E. F G H. &c for years , to pay Debts , &c. Legacies . use , intent or purpose whatsoever , that is to say , to the use of the said E. F. and G. H. their Executors , Administrators and Assigns , for and during the terms and spaces of years hereafter mentioned , to commence and begin , as hereafter followeth , viz. for , touching and concerning the said Mannor of A. &c. before limited to the use of the said E. B. for her Joynture , for the term or space of Ten years , to begin immediately from and after the Decease of the longest liver of them the said A. B. and E. his wife . And for touching and concerning all the rest and residue of the said Mannors , Lands , Tenements , and Hereditaments , comprised in the said Recovery and Fine , for and during the like Term and space of ten years , to commence immediately from and after the Decease of the said A. B. upon Trust and confidence , and for and unto the end , intent and purpose , That they the said E. F. and G. H. their Executors , Administrators and Assigns , shall and may receive , perceive , dispose and imploy the Rents , Revenues , Issues and Profits of all and every the said Mannors , Lands , Tenements and Premisses respectively , for and during the said several terms of ten years , for and towards the payment Payment of Debts . and satisfaction of all such Debts , and sums of Mony , which the said A. B. doth now owe , or hereafter shall borrow or owe , or for which any Person or Persons now doth , or do , or hereafter shall stand ingaged for or with the said A. B. and for his proper Debt , and for and towards the payment of such Legacy or Legacies , and sums which the said A. B. shall by Payment of Legacies . his last Will and Testament in writing , to be by him signed , sealed and published before three sufficient Witnesses , at the least , give , limit , ordain and appoint . And from and after the end , expiration , surrender or other determination of the said Term or Terms of ten years , and as they shall severally end and determine , To the use and behoof of such Person and Persons , and for such Estate and Estates as the said A. B. shall by his last Will and Testament in writing , in the presence of three credible Witnesses , or more , limit , appoint or declare , and in default of such Limitation , Appointment or Declaration to the use and behoof of , &c. Provided always , &c. Here may follow a Power given to A. B. to make Leases , &c. reserving the accustomed Rent . &c.

( 7. ) This Indenture Tripartie , made , &c. Another , the Uses of a Recovery as to several Mannors severally limited . Between A. B. of , &c. Esq ; and C. B. of , &c. Son and Heir apparent of the said A. B. and of E. B. deceased , late the Wife of the said A. B. and sole Daughter and Heir of E. H. of , &c. deceased , of the first part : C. D. and E. F. of the second part : And G. H. and I. K. of the third part : Whereas the said A. B. is seized in his Demesue , as of Fee , of some part of the Mannors , Lands , Tenements and Hereditaments , hereafter mentioned ; and is also seized for term of his life , as Tenant by the Courtesse of England , of other the Mannors , Messuages , Lands , Tenements and Hereditaments , hereafter specified , the Reversion whereof in Fee-simple being descended by and after the decease of the said E. B. unto the said C. B. Now , to the end , intent and purpose , That the Mannors , Lordships , Messuages , Lands , Tenements and Hereditaments , hereafter mentioned and expressed , may be established , vested and setled , in and unto the said A. B. during the Term of his natural life , and after his decease , upon the said C. B. and upon his Name , Stock and Posterity , and to such other Uses as are hereby appointed .

( 8. ) It is Covenanted , granted , condescended , Covenant to levy a Fine . concluded and fully agreed , by and between the said Parties to these presents . And the said A. B. and C. B. do for themselves , their Heirs , Executors and Administrators , Covenant , promise , grant and agree to and with the said C. D. and E. F. their Heirs , Executors and Administrators , and to and with every of them by these presents : That they the said A. B. and C. B. shall and will , on this side and before the end of Michaelmass Term , now next ensuing , in due form of Law , &c. [ Let it be a Covenant to acknowledge a Fine , Come ceo , &c. a a Vide before Chap. 3. The use of the Fine , to make Cognizees Tenants to a Precipe . to G. H. and I. K. of the Mannors of A. B. C. and D. ] which said Fine or Fines so as aforesaid , or in any other sort to be levyed and acknowledged , shall be and inure , and shall be deemed , adjudged , esteemed , reputed and taken to be and inure to the use of the said G. H. and I. K. and their Heirs , to the end , intent and purpose , that they the said G. H. and I. K. may become perfect Tenants of the Freehold of the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , with their appurtenances , whereby one or more perfect common Recovery or Recoveries , shall or may thereof be had and suffered in manner and form hereafter following : For which intent and purpose , it is Covenanted and agreed by and between the said Parties to these presents : That it shall and may be lawful to and for the said C. D. and E. F. to bring , pursue and prosecute against them the said G. H. and I. K. one or more Writ or Writs of Entry sur disseisin en le post , of and for the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , with their and every of their appurtenances , &c. b b Vide before Chap. 3. [ as in a Covenant to suffer a Recovery ] The which said Common Recovery or Recoveries , so as aforesaid , or in any other manner to be had and suffered : And all other Common Recoveries , Fines , Feoffments , Conveyances and Assurances in the Law whatsoever , since the decease of the said E. B. had , made , levyed , suffered , acknowledged or executed , or to be had , made , levyed , suffered , acknowledged or executed by or between the said Parties to these presents , or any of them , or whereunto they or any of them shall be Parties , of , for and concerning the said Mannors , Messuages , Lands , Tenements , Hereditaments and Premisses , or any of them , or any part or parcel of them or any of them , shall be and inure ; and shall be adjudged , deemed , esteemed , reputed and taken to be and inure to the uses , behoofs , intents and purposes , and with , upon and under such Provisoes , Conditions , Powers and Limitations , as are hereafter in and by these presents mentioned , declared , limited and appointed .

( 9. ) That is to say , for and concerning the The uses of the Recovery , being for life with remainders over in Tail . said Mannors of A. and B. &c. [ with general words ] to the use of the said C. B. for and during the Term of his natural life , without impeachment of or for any manner of Waste , and with full power to do or commit Waste , and from and after the decease of the said C. B. to the use and behoof of the said A. B. for and during the Term of his natural life : and from and after the decease of the said C. B. and A. B. to the use and behoof of D. B. eldest Son of the said C. B. and of the Heirs Males of his Body lawfully to be begotten , and for default of such Issue , to the Remainders in Tail to 1 , 2 , 3 , &c. Sons . use and behoof of F. B. second Son of the said C. B. and of the Heirs Males of the Body of the said F. B. lawfully to be begotten : And for default of such Issue , to the use and behoof of G. B. third Son of the said A. B. and of the Heirs Males of the Body of the said G. B. lawfully begotten . And for default of such Issue , to the use and behoof of the fourth Son of the Body of the said C. B. on the Body of M. B. his wife begotten , or to be begotten , and of the Heirs Males of the Body of such fourth Son lawfully to be begotten , &c. [ and so to the tenth Son ] And for default of such Issue , to the use and behoof of all and every other Son and Sons of the Body of the said C. B. to be lawfully begotten , successively one after the other , and of the Heirs Males of the Bodies of every such Son and Sons , severally and respectively to be begotten , as they and every of them shall be in Seigniority of Age and Priority of Birth , the eldest of the said Sons , and the Heirs Males of his Body , being ever preferr'd before the younger of the said Sons , and the Heirs males of his body ; and for default of such Issue , to the use and behoof of I. B. second Son of the said A. B. and of the Heirs males of the body of the said I. B. lawfully to be begotten ; and for default of such Issue , to the use and behoof of the Heirs of the body of the said A. B. lawfully begotten , and to be begotten ; and for want of such Issue , to the use and behoof of the right Heirs of the said C. B. for ever .

( 10. ) And as for and concerning the said Use of the Mannor in C. in trust to be sold . Mannor of C. to the use and behoof of the said C. D. and E. F. and of their Heirs and Assigns for ever . Upon trust and confidence nevertheless , and to the end , intent and purpose , That they the said C. D. and E. F. and the survivor of them , and his Heirs , shall and will sell , convey and assure the said Mannor of C. with the rights , members and Appurtenances , Lands and Tenements thereunto belonging , and every part thereof , late the Inheritance of the said E. B. deceased , for the best benefit , profit and advantage , which shall or may be , bon â fide , had or gotten for the same . And that the money to be raised by every such sale , and as Disposal of the moneys raised by sale . every such sale shall be made , shall be forthwith paid and disposed of by the said C. D. and E. F. and the survivor of them , and his Heirs , as followeth : That is to say , so much money thereof to the said A. B. his Executors or Administrators , as according to the true yearly value of the said Mannor and Lands , shall come to Five years and a halfs purchase . And the residue of the moneys to be raised by such sale as aforesaid , shall be disposed of , for and towards the payment of the Debts of the said C. B. and sums of money , mentioned in the Schedule hereunto annexed : And for and towards the payment of such Legacies , as the said C. B. shall by his last Will and Testament , Devise and bequeath , if any overplus remain , after that the said Debts are fully satisfied and paid : And in default of such Devise or bequest , to the Executors or Administrators of the said C. B. and upon further trust and confidence , that the To have the Profits until Sale . said A. B. his Executors , Administrators or Assigns , shall or may have , receive and take to his and their own proper use , all and singular the Rents , Issues , Revenues and Profits of the said Mannor , Lands and Premisses , hereby limited and intended to be sold , until such sale shall be made thereof as aforesaid .

( 11. ) Provided always , and it is the true Uses as to part , to be void , upon non-payment of a sum to the younger Son of A. B. intent and meaning of these presents , That if the said D. B. or such other person or persons , to whom any Estate is hereby limited , or intended to be limited , of and in the said Mannors of A. and B. his , their , or some of their Heirs or Assigns , shall not within Two years next after the decease of the said A. B. and C. B. or the survivor of them , well and truly pay or cause to be paid unto the said I. B. second Son of the said A. B. [ if he the said I. B. shall and do so long live ] the sum of Two Thousand pounds , of good and lawful money of England , That then and immediately after such default of payment , all and every the Use and Uses herein before declared and limited , as for and concerning the said Mannors of A. and B. shall cease and be void . And then also and from thenceforth , the said Recovery and Recoveries , so as aforesaid , or in any other sort to be had and suffered , and the Recoveror New Use to the younger Son , until he hath raised the sum appointed to him . and Recoverors therein named , his and their Heirs , shall stand and be seised of and in all and singular the said Mannors of A. and B. to the use and behoof of the said I. B. his Heirs and Assigns , until he or they shall or may , out of the Rents , Issues and Profits thereof , have fully levied and received the said sum of Two Thousand pounds , together with consideration , after the rate of Six pounds per Centum per annum , for the forbearance thereof , from the end of the said Two years next ensuing the deaths of the said A. B. and E. B. or the survivor of them , and all damages , costs and charges , which he the said I. B. his Heirs , Executors or Administrators , shall sustain or be put unto , in or about the Recovering of the said Premisses , or the said sum of Two Thousand pounds , or any part thereof , or in or about any Suit concerning the same : And from and after such time as the said I. B. his Heirs or Assigns , shall , or without fraud or covin might have received the said Two thousand pounds , together with consideration for the forbearance thereof , as aforesaid , and all Charges , Expences and Damages , as aforesaid , touching or in any wise concerning the same , out of the Rents , Issues and Profits of the said Mannors of A. and B. That then and from thenceforth the said Recovery and Recoveries After the sum satisfied , the Uses to be as before . shall be and inure , as to the said Mannors of A. and B. And the Recoveror and Recoverors therein to be named , his and their Heirs and Assigns , shall stand and be seised thereof , and of every part and parcel thereof , to the use of such person and persons , and of such Estate and Estates , to whom the said Mannors ought to have come and remained , by the true intent and meaning of these presents , in case the said last mentioned Proviso , for , touching or concerning the said I. B. or any matter or thing whatsoever therein contained , had never been .

( 12. ) And it is further Covenanted , granted , The Uses of the Mannor of D. concluded , declared and fully agreed by and between all the said Parties to these present Indentures , for them and their Heirs respectively , and the true intent and meaning of these presents , and of all the Parties thereunto is , That as to , for , touching and concerning the said Mannor of D. late part of the Inheritance of the said E. B. with the Rights , Members , Appurtenances , Lands , Tenements and Hereditaments thereunto belonging : The said Recovery and Recoveries , so as aforesaid , or in any other manner to be had and suffered : And all other Recoveries , Conveyances , Fines , Feoffments and Assurances in the Law whatsoever , since the Death of the said E. B. late the Wife of the said A. B. had , made , levyed , suffered acknowledged or executed , or to be had , made , levyed , suffered , acknowledged or executed , by or between the said Parties to these presents , or any of them , or whereto they or any of them shall be Parties of for or concerning the said Mannor of D. or any part or parcel thereof , either solely , or together with other the said Mannors , Lands , Tenements and Hereditaments , or any of them shall be and inure , and shall be adjudged , deemed , esteemed , reputed and taken to be and inure to the uses , behoofs , intents and purposes , as to the said Mannor of D. with the Rights , Members and Appurtenances thereof , and with , upon and under such Provisoes , Conditions , Powers and Limitations , as are hereafter in and by these presents mentioned , declared , limited and appointed : that is to say , To the use and behoof To C. B. for life , and after to his wife for life . of the said C. B. and his Assigns , for and during the Term of his natural life , without impeachment of or for any manner of Waste , and from and after his decease to the use and behoof of M. B. his Wife , for and during the term of her natural life : And from and after the decease of the Survivor of them the said C. B. and M. his Wife , to the use and behoof of the said A. B. for and during the term of his natural life : And from and after his decease , to the use of , &c.

( 13. ) Provided always , and the true intent Power to make Leases for Portions for Daughters . and meaning of these presents is , That it shall and may be lawful to and for the said C. B. at any time or times after the decease of the said M. B. in case he shall happen to survive her , during his natural life , by his Deed or Deeds Indented , by him duly executed in the presence of two or more credible Witnesses , to make one or more Lease or Leases , for one , two or three lives , or one and twenty years or under , of the said Mannor of D. or any part thereof , under such Rent , Rents , Reservations and Covenants , as he shall think fit , to any Person or Persons whatsoever , upon Trust , for the raising of the several Portions herein after mentioned , for such Daughter or Daughters as the said C. B. shall happen to have , and not otherwise provided for : that is to say , If one Daughter , then for the raising of Five hundred pounds for that Daughter , and if more Daughters , then for the raising of Three hundred pounds a piece for each and every one of the said Daughters , to be payed them at their several and respective Ages of one and twenty years , or Days of Marriage , which shall first happen : And that all and every such Lease or Leases , Demise or Demises , Grant or Grants , to be made as aforesaid , shall stand and be good and effectual in Law , to all The Recovery to be to the use of the ●essees . intents and purposes : And the said Recovery and Recoveries , so as aforesaid , or in any other sort to be had and suffered , shall be and inure : and the Recoveror or Recoverors therein named , or to be named , his and their Heirs shall stand and be seized of and in such and so much of the said Mannor of D. as shall be so Demised or Leased , to the use of such Person and Persons , his and their Executors , Administrators and Assigns , to whom such Demise or Demises , Lease or Leases , Grant or Grants shall be made , as aforesaid .

CHAP. XV. The forms of several Covenants used upon Settlements of Estates to Vses .

( 1. ) ANd it is Covenanted , granted , concluded To stand seized of such Lands whereof deficiency shall be in the Conveyance to the uses before . This may be good , where there is consideration of bloud . and agreed , by and between all and every the said Parties to these presents , for the Consideration aforesaid , That in case any of the said Mannors , &c. intended to be comprised in the said Fine or Fines , Recovery or Recoveries , shall be omitted or left out , and not be comprised in the Fine or Fines , Recovery or Recoveries , or in case there shall happen to be any defect in the assurance of the Premisses , or any part thereof , according to the intent and true meaning of these presents , That then they the said A. B. and C. B. their Heirs and Assigns , and all and every other Person and Persons , which now are , or hereafter shall be seized of , and in such the said Mannors , &c. as shall be so omitted or left out , and not comprised as aforesaid , or whereof such Fine or Fines , Recovery or Recoveries shall not be levyed and had , or whereof the assurance hereby intended to be made , shall be any way defective , shall stand and be seized thereof , and of every part and parcel thereof , with their and every of their Appurtenances , and of the Reversions thereof , to the uses , and for the several and respective Estate and Estates thereof , hereby , and herein before severally and respectively limited , unto the Person or Persons before named , and every of them , under the several Provisoes herein before mentioned , and to none other uses , intents or purposes whatsoever .

( 2. ) And it is Covenanted , granted and agreed , Another . by and between all and every the said Parties to these presents , for them and every of them , their and every of their Heirs , That the said A. B. his Heirs and Assigns , and all and every other Person and Persons , and their Heirs , which from and after the said Feast of , &c. next coming , shall stand and be seized of all or any the said Mannors , &c. and other the Premisses before mentioned , with Th' appurtenances , or any part or parcel thereof : and , which before the said Feast of , &c. next coming , after the Date hereof , shall be not well and sufficiently , by Fine , Recovery , or otherwise conveyed and assured to the several uses , purposes and intents , before in these presents mentioned ; or whereof no such Fine or Fines , Recovery or Recoveries , as is aforesaid , shall be before the said Feast Day of , &c. as aforesaid , had levyed , knowledged and suffered of and in every part and parcel thereof , according to the intent and true meaning of these presents , shall at all time and times , from and after the said Feast of , &c. for the consideration herein before expressed , stand and be seized of and in the same and every part thereof , to the several uses , purposes and intents , before in and by these presents , expressed , limited and appointed , and in such sort , manner , form , quality , degree , nature and Condition , and of and for such Estate and Estates , and under and upon such Provisoes , Limitations and Authorities ( according to the true intent and meaning of these present Indentures ) in such ample , large , and beneficial manner and form , to all intents , constructions and purposes , as the same should or ought to have grown , been raised , or taken any effect , in case the said several Fine and Fines , Recovery and Recoveries , so before in and by these presents Covenanted , mentioned , intended or agreed , to be had , levyed , knowledged or suffered , had been perfectly had and executed , according as is before in these presents expressed .

( 3. ) And the said A. B. for himself , his That he is Owner , and hath Power to convey to the Uses , &c. Heirs , Executors and Administrators , doth Covenant and grant to and with , &c. That he the said A. B now is , and at the time of making and executing of the said Conveyances and Assurances , shall be the true and perfect owner of the said Messuages , Lands , Tenements and Hereditaments , with Th' appurtenances , and shall be then thereof lawfully seized in Possession of an absolute Estate in Fee-simple , and shall then have full power , Right , Title and Authority , to pass , convey and assure the Premisses , with Th' appurtenances , to the uses , and according to the effect aforesaid .

( 4. ) And the said A. B. for himself , his Heirs , Executors and Administrators , doth Another . Covenant and grant to and with the said C. D. and E. F. their Heirs and Assigns , and to and with every of them by these presents , That for and notwithstanding any act or thing whatsoever , done , or to be done or suffered , by the said A. B. to the contrary , he the said A. B. now is , and so at the time when the first Estate , of and in the said Mannor , &c. and every part and parcel thereof , shall be conveyed and assured to the said C. D. and E. F. their Heirs and Assigns , to the uses aforesaid , shall stand and be seized thereof , and of every part and parcel thereof , of a good , perfect , absolute and indefeasible 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 A. B. for and notwithstanding any act or thing done or suffered , or to be done or suffered by him to the contrary , as aforesaid , hath , and so at the time of the execution of the said first Estate , of and in the said Mannor , &c. and every part and parcel thereof , with their and every of their Appurtenances , to the said C. D. and E. F. their Heirs and Assigns , shall have full power , good right , and lawful authority , to grant , convey and assure the said Mannor , &c. with their and every of their Appurtenances , to the said C. D. and E. F. their Heirs and Assigns , to the uses , intents and purposes aforesaid .

( 5. ) And the said A. B. for himself , &c. doth Another briefly added to a Covenant , to stand seised to Uses . Covenant , &c. That he the said A. B. at the time of the sealing and delivery of these presents , is and standeth seised of a good , perfect and indefeasible Estate in Fee simple , of and in the said Mannor , Messuages , Lands , &c. and of and in every part and parcel thereof , and that he hath full power , good right and lawful authority , in his own right , by these presents , to raise , limit and appoint , the aforesaid several Uses and Estates , in manner and form aforesaid .

( 6. ) And the said A. B. for himself , his That the thing setled is free from incumbrances . Heirs , Executors and Administrators , and for every of them , doth by these presents Covenant , promise and grant , to and with the said C. D. and E. F. their Heirs and Assigns , and every of them , That the said Mannor , Messuages , &c. and all and singular other the Premisses , with the Appurtenances , now are and be , and so at all times hereafter , and from time to time shall be , remain and continue , unto the uses , intents and purposes , before , in and by these presents limited , expressed or declared , free and clear , and freely and clearly acquitted , exonerated and discharged , or otherwise upon every reasonable request in that behalf to be made , well and sufficiently saved , defended and kept harmless , of and from all and all manner of former and other Bargains , Sales , Gifts , Grants , Leases , Joyntures , Dowers , Uses , Wills , Intails , Fines , Feoffments , Recoveries , Statutes Merchant , and of the Staple , Recognizances , Judgments , Executions , and of and from all other Charges , Titles , Troubles and Incumbrances whatsoever , had , made , committed or done , or to be had , made , committed or done by the said A. B. or by any other person or persons whatsoever , by his means , consent or procurement ( all such Leases , particular Estates and Interests , as he the said A. B. hath heretofore made to any person or persons whatsoever , of or upon the said Mannor , Messuages , Lands , Tenements , Hereditaments , and other the Premisses , or of or upon any part or parcel of them , upon which Leases and Estates there is reserved the old and accustomed yearly Rent or Rents , or more , which shall continue yearly due and payable , during the several Terms , Estates and Interests aforesaid , only excepted and fore-prised . )

( 7. ) After the Covenant , that he is owner , Another . and hath power to settle , &c. then add , And that he the said A. B. shall and will from time to time , and at all times hereafter , acquit , discharge , or otherwise from time to time , upon reasonable notice and request , sufficiently save harmless , as well the said Mannor , Messuages , &c. as also all such person and persons , to whom any Use or Estate is before by these presents limited or appointed , of , from , touching and concerning all , and all manner of former and other Bargains , Sales , Gifts , Grants , Fines , Feoffments , Estates , Intails , Recoveries , Executions , Limitations of Use and Uses , &c. as in the former Covenant .

( 8. ) And that the said Mannor , Messuages , Another with Exceptions &c. and Premisses , and every part and parcel thereof , with the Appurtenances , now be and are , and so from time to time and at all times hereafter for ever , shall or may remain or continue unto the uses and intents aforesaid , and according to the true intent and meaning of these presents , clearly acquitted and discharged , of and from all and all manner of former and other Bargains , Sales , Gifts , Grants , Leases , Mortgages , Joyntures , Statutes , Recognizances , Judgments , Extents and Executions , and of and from all other Titles , Charges , Troubles and Incumbrances whatsoever , had , made , suffered or done by him the said A. B. or by any other person or persons whatsoever , lawfully claiming by , from or under him ( except one Indenture of Lease bearing date , &c. made and granted by G. B. ( late Father of the said A. B. ) deceased , to , &c. for the term of , &c. under the yearly Rent of , &c. [ if there be more Leases , bring them in here . ] And without the let , interruption , challenge , claim , disturbance or incumbrance of or by him the said G. B. or any person or persons whatsoever , claiming or to claim by or under him , or his Estate , Right , Title or Interest , except such person or persons , as shall or may claim by or under the Leases before excepted : Or thus — except such person or persons , as shall or may lawfully claim by or under the Leases before excepted , or either of them , and for the several and respective Terms , thereby demised or granted only .

( 9. ) And the said A. B. for himself , his To enjoy Heirs , Executors and Administrators , doth Covenant and grant , &c. That he the said A. B. his Heirs and Assigns , shall and will permit and suffer the said C. B. and all and every other person and persons , to whom the said Mannor , Messuages , &c. and other the Premisses , or any part or parcel thereof , shall happen to come , or of right ought to come by these presents , peaceably and quietly to have , hold , occupy , possess and enjoy all and singular the said Mannor , Messuages , Lands , Tenements and Hereditaments , before , in and by these presents mentioned and expressed , without any manner of le●t , trouble , eviction , disturbance , suit , vexation or expulsion of the said A. B. his Heirs or Assigns , or any other person or persons whatsoever , lawfully having , claiming or pretending to have any Estate or Title , from , by or under the said A. B. his Heirs or Assigns , according to the intent , form and true meaning of these presents .

( 10. ) And that he the said C. B. and all and Another to enjoy every other person or persons , to whom any Use is before by these presents mentioned , intended , limited , appointed or declared , shall or lawfully may quietly and peaceably have , hold , occupy and enjoy the said Premisses , with the Appurtenances , and every part and parcel thereof , according to the true meaning of the Uses before declared , and the Assurances hereafter to be made and passed in that behalf , without any let , suit , vexation , hinderance , expulsion , eviction , interruption or trouble of the said A. B. his Heirs or Assigns , or any other person or persons whatsoever , lawfully claiming from , by or under him or them , or by his or their means , assent , command or procurement .

( 11. ) And that he the said A. B. shall not at Not to do any act to impeach the Settlement . any time or times hereafter , make , do , assent unto , acknowledge , execute or willingly suffer any manner of Estate , Conveyance , Assurance , Act , Thing , Matter or Devise whatsoever , whereby , or by reason whereof , the uses and Estates before declared , or any of them , for , touching or concerning the said Mannor , Messuages , Lands and Tenements , or any part or parcel thereof , shall or may be discontinued , cut off , debarred , overthrown or made void , or whereby the said E. B. or any of the said Sons , or any Heir of any of their Bodies lawfully begotten , or the Heirs of the Body of the said C. B. upon the Body of the said M. B. lawfully begotten , or to be begotten , shall or may by any means be defeated , defrauded , excluded or disinherited of the Premisses , or any part or parcel thereof , or of any Use or Estate hereby to him , them , or any of them appointed , limited or intended , or to be contained or mentioned in any of the said Conveyances or Assurances , contrary to the true meaning of these presents ; or whereby , or by reason whereof the said A. B. shall or may in any sort or degree , be disabled perfectly , sufficiently and surely , to make , pass , convey and assure the said Mannor , Messuages , Lands and Tenements , or any part or parcel thereof , according to the Uses and Limitations in these presents expressed or declared , and according to the purport , intent and true meaning hereof .

( 12. ) And the said A. B. for himself , his For further Assurance . Heirs , Executors and Administrators , doth Covenant , promise and grant to and with the said C. D. and E. F. their Heirs and Assigns by these presents , That he the said A. B. and his Heirs , and all and every other Person and Persons , lawfully claiming , or to claim , by , from or under him ( except such as shall or may claim , by or under the Leases before excepted ) shall and will from time to time , and at all times hereafter , upon the reasonable request , and at the Costs and Charges in the Law , of the said C. D. and E. F. or either of them , their , or either of their Heirs or Assigns , make , do , acknowledge , suffer and execute , All such further Act and Acts , Thing and Things , Assurance and Assurances in the Law whatsoever , for the further and better assuring of the said Premisses , and every part thereof , to the uses , intents and purposes aforesaid , as by them the said C. D. and E. F. or either of them , their , or either of their Heirs or Assigns , or their , or either or any of their Counsel learned in the Law , shall be in that behalf , reasonably devised , or advised and required . And that all Fines and other Assurances , at any time hereafter to be had , levyed , suffered or executed , of the Premisses , or any part thereof , by or between the said Parties , or any of them , shall be , and shall be adjudged , deemed and taken to be , to the uses , intents and purposes in these presents mentioned , limited and declared , and to no other use , intent or purpose whatsoever .

( 13. ) And the said A. B. for himself , his , &c. Another . doth Covenant and grant to and with , &c. That he the said A. B. his Heirs and Assigns , shall and will from time to time , and at all times hereafter , within the space of seven years next ensuing the Date of these presents , at and upon every reasonable request , and at the only cost and charges in the Law , of the said &c. and either of them , their and either of their Heirs or Assigns , further do make , acknowledge , execute and suffer , or cause or procure to be done , made , acknowledged , executed and suffered , All and every such further and reasonable Act and Acts , Thing and Things , Devise and Devises , Assurance and Assurances in the Law whatsoever , for the further , better and more perfect assuring , surety , and sure making , setling and conveying of the said Mannor , &c. and of every part and parcel thereof , with Th' appurtenances , to continue , stand , remain and be , to all and every such several uses , behoofs , intents , limitations and purposes as are thereof , and of every part and parcel thereof , in and by these presents limited , expressed , appointed and declared , and under the Conditions , Provisoes and Limitations before mentioned and declared : Be it by Fine or Fines , Recovery or Recoveries , with single or double Voucher or Vouchers , Feoffment or Feoffments , Deed or Deeds , enrolled or not enrolled , or by any other ways or means whatsoever , as by the said C. D. and E. F. or either of them , their or either of their Heirs or Assigns , or their , or either or any of their Counsel learned in the Law , shall be reasonably devised , advised or required , so as the said A. B. his Heirs or Assigns , or any person or persons whatsoever , that ought to do or suffer such Act or Acts , be not compelled to travel from the place of his or their abode .

( 14. ) And the said A. B. for himself , &c. doth For settlement of Land to be purchased . Covenant , &c. that in case the said A. B. or any other to his use , shall at any time hereafter happen to purchase any Lands , Tenements or Hereditaments , of any Person or Persons whatsoever , during the life of the said C. B. [ the Son ] That then the said A. B. shall cause and procure all such Lands , Tenements and Hereditaments , which shall be so purchased as aforesaid , to be sufficiently conveyed and assured to the use of the said A. B. and C. B. for and during the Term of their natural lives , and the life of the longest liver and Survivor of them , and after their decease , to the use and behoof of the Heirs of the Body of the said C. B. on the Body of the said M. B. lawfully to be begotten ; and for default of such Issue to the use and behoof of the said A. B. his Heirs and Assigns for ever , and to none other use , intent or purpose whatsoever .

( 15. ) And also , that he the said A. B. shall To permit 〈…〉 Lands to descend . and will permit and suffer , all and singular those his Messuages , &c. in the County of M. which D. B. his Uncle deceased , did in his life time give , grant , convey and assure to him the said A. B. lawfully to descend , come and remain , immediately after the Decease of the said A. B. to the said C. B. and his Heirs . And that the said A. B. shall not at any time hereafter , make , do , attempt , practice , knowledge , suffer , procure or execute any Act or Acts , Thing or Things , Conveyance or Assurance whatsoever , whereby the said Lands , Tenements and Hereditaments of the Gift and Grant of the said D. B. his late Uncle deceased , or any part or parcel thereof , shall or may in any wise be discontinued , bargained , sold , aliened , transferred , given , granted , devised , or otherwise passed or conveyed away , unto any other Person or Persons whatsoever ; unless it be to the use and behoof of the said C. B. and his Heirs for ever .

Nota. There are several Covenants set down before , which are not ordinarily used : yet there may be sometimes occasion for them .

CHAP. XVI . Containing the several Forms of Joyntures , before and after Marriage .

( 1. ) THis Indenture made the , &c. Between Upon a Marriage to be had . A. B. of the one part , and C. D. and E. D. his Daughter of the other part : Witnesseth , That the said A. B. doth by these presents , Covenant and grant to and with the said C. D. his Executors and Administrators by these presents , That he the said A. B. shall and This Covenant is sometimes used . will , before the Feast of , &c. next ensuing the Date hereof , marry and take to wife the said E. D. Daughter of the said C. D. if the Laws of the Church will permit the same , and the said E. D. shall thereunto consent and agree . And the said C. D. for him , his Executors and Administrators , doth Covenant and grant to and with the said A. B. that the said E. D. shal likewise before the said Feast of , &c. marry and take to Husband the said A. B. if the Laws of the Church will permit the same , and the said A. B. Covenant to stand seized after the Marriage had . shall thereunto consent and agree .

( 2. ) And the said A. B. doth for him , his Heirs , Executors and Administrators , by these presents , in consideration of the said Marriage so to be had and solemnized , and for the full and entire Joynture of the said E. D. in case she shall happen to over-live the said A. B. And in full For Joynture and in satisfaction of Dower . recompence and satisfaction of all the Dower and Title of Dower , which she the said E. D. by or after the death of the said A. B. shall or may have , to any the Mannors , Lands , Tenements and Hereditaments , whereof the said A. B. shall , during the Coverture between him and the said E. D. be seised of any Estate of Inheritance ; and for the advancement of the said E. D. and of the Heirs Males of the Body of the said A. B. upon the Body of the said E. D. to be lawfully begotten . And for divers other good causes and considerations , him the said A. B. thereunto moving , Doth for him and his Heirs , Covenant and grant to and with the said C. D. his Heirs , Executors and Administrators , in manner and form following , That he the said A. B. and his Heirs , and all and every person and persons , and his and their Heirs , which now stand and be seised of and in all that Messuage , &c. [ mention here the several Messuages and Lands ] and of and in every part and parcel thereof , shall from and after the said inter-Marriage , stand and be seised of all and singular the said Messuages , Lands , Tenements , Hereditaments , and other the Premisses , with the Appurtenances , to the only uses and intents hereafter , in and by these presents expressed , limited and declared , and to no other use , intent or purpose whatsoever , that is to say , to the only use and behoof of the said A. B. and E. for and during the term of the natural lives of them the said A. B. and E. and of the longer liver of them ; and from and after the decease of the longer liver of the said A. B. and E. to the use and behoof of the Heirs Males of the Body of the said A. B. upon the Body of the said E. lawfully to be begotten ; and for default of such Issue , to the use and behoof of the right Heirs of the said A. B. for ever . Vide Chap. 14. for Covenants .

( 3. ) This Indenture , &c. Between A. B. of Another before Marriage . the first part : C. D. and E. F. of the second part : and C. B. Son and Heir apparent of the said A. B. and G. D. one of the Daughters of the said C. D. on the third part . Whereas a Marriage is intended to be shortly ( if God permit ) had and solemnized between the said C. B. and G. D. Now witnesseth this present Indenture , That Consideration . in consideration of the said Marriage , and of a competent sum of Mony , by the said C. D. in hand paid , before then sealing hereof , to the said A. B. as the marriage Portion of the said G. D. and of the natural love and affection which the said A. B. beareth unto the said C. B. and for provision of maintenance for the said C. B. and G. D. in case the said Marriage take effect : And for a competent Joynture for the said G. D. in case she shall happen to survive and overlive the said C. B. and in full recompence and satisfaction of all the Dower and Title of Dower , &c. a a Vide Sect. 2. He the said A. B. doth Covenant , &c. [ to levy a Fine come ceo , &c. vide Chap. 3. Sect. 1. 2. of such Mannors , Messuages , &c. unto the said C. D. and E. F. ]

( 4. ) And it is Covenanted , granted , concluded , The Uses . declared and fully agreed , by and between all and every the Parties to these presents , That the said Fine to be had and levyed as aforesaid , shall be and inure , and the said Cognizees therein to be named , and the Survivor of them , his and their Heirs , shall stand and be seized of and in the said Mannors , &c. to the uses , intents and purposes hereafter following : that is to say , to the end , The Son and his Wife to have an Annuity during Fathers life . intent and purpose , that the said C. B. and G. D. shall and may from and after the said Marriage , for and during the Term of their natural lives , and the natural life of the longer liver of them ( if the said A. B. shall and do so long live ) lawfully and peacably have and receive out of the said Mannors of , &c. and all other the Premisses , one Annual Rent or sum of Two hundred pounds of lawful Moneys of England at two days or Feasts of the year : that is to say , It the Feast of Th' annunciation of St. Mary the blessed Virgin , and of St. Michael Th' archangel by even and equal portions : the said Rent to be payed at or in the now dwelling House of the said A. B. scituate and being in , &c. aforesaid , and the first payment thereof to begin at such of the said Feasts , as shall next and immediately happen , after the said intermarriage had and solemnized . And that in Clause of Distress . default of payment of the said yearly Rent , or of any part thereof , at either of the Feasts or Days of payment aforesaid , contrary to the true intent and meaning of these presents : Then and so often it shall and may be lawful to and for the said C. D. and G. and the Survivor of them , and their and either of their Assigns , into the said Mannors , Messuages , &c. to enter and distrain for the said yearly Rent of Two hundred pounds per annum , or any part thereof , and for the Arrears thereof ( if any shall be ) and the Distress and Distresses there taken and had , to lead , drive , take and carry away , impound , detain and keep , until they and every of them shall of the said yearly Rent of Two hundred pounds per annum , and of the Arrearages thereof ( if any shall be ) be fully satisfied and payed .

( 5. ) And as to , for and concerning the said Disposition of the Premisses after the Fathers death . Mannors , Messuages , Lands , Tenements and Hereditaments before mentioned , and every part and parcel thereof . It is further Covenanted , concluded and agreed , by and between the said Parties to these presents , That the said Fine shall be and inure , and the said Cognizees therein to be Named , and the Survivor of them , and his and their Heirs shall stand and be seized of the said Mannors , Messuages , Lands and Premisses , To the use and behoof of the said A. B. for and during the Term of his natural life , without impeachment of or for any manner of Waste , and from and after the decease of the said A. B. to the use and behoof of the said C. B. for and during the term of his natural life , without impeachment of or for any manner of Waste , and from and after the decease of the said A. B. and C. B. to the use and behoof of the said G. for and during the term of her natural life ( in case the said Marriage take effect , and she shall happen to survive the said C. B. ) in full satisfaction of Dower , a a 〈◊〉 whether this be good within the Stat. of 27 H. 8. because it may possibly take no effect immediately after Husbands death : Vide Coke sur Lit. 36 b. Proviso , to chang the use limited to Daughters ; upon Portions paid . &c. And after the deceases of the said A. B. C. B. and G. To the use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said G. lawfully to be begotten : and in default of such Issue , to the use and behoof of the Heirs Females of the Body of the said C. B. on the Body of the said G. lawfully to be begotten , and for default of such Issue , to the use and behoof of the Heirs Males of the Body of the said A. B. lawfully to be begotten : and for want of such Issue , to the use and behoof of the right Heirs of the said A. B. for ever .

( 6. ) Provided always , That the said A. B. or any Heir Male of his Body ( in case the said C. B. shall happen to die , having no Heir Male of the Body of the said C. B. on the Body of the said G. begotten , then living ) shall pay or cause to be paid unto the Daughter and Daughters of the said C. B. on the Body of the said G. to be begotten : These several sums following of lawful Moneys of England , viz. unto the Daughter of the said C. B. in case he hath but one , the full sum of One thousand and two hundred pounds , and in case he shall have more Daughters then one by the said G. then to all the said Daughters of the said C. B. the sum of Two thousand pounds , among and between them equally to be divided : The said payments to be made at their respective Ages of Eighteen years , or Days of Marriages , which of them shall first happen : Or if the said A. B. or any Heir Male of his Body shall at any time or times by such Security , as the said C. D. and E. F. or the Survivor of them shall direct in writing under their Hands , or the Hand of the Survivor of them , sufficiently secure the payment of the said sum or sums in manner aforesaid : That then and from thenceforth the Estate , use and limitation of the Premisses , to the Heirs Females of the said C. B. on the Body of the said G. to be begotten ; shall cease and determine : And the said Fine and Fines shall be and inure , and the said Cognizees and their Heirs , shall stand and be seized of all and singular the Premisses , from and after the death of the said C. B. and G. and payment made or Security given as aforesaid , to the use and behoof of the Heirs Males of the Body of the said A. B. and for want of such Issue , to the use and behoof of the right Heirs of the said A. B. for ever . With usual Covenants , vide Chapter 14.

( 7. ) This Indenture , &c. Between A. B. of the one part : and C. D. and E. F. of the other A Joynture made before Marriage with a Widow ; with several useful Covenants . Vide Chap. 5. Sect 21. The Uses . part : Witnesseth , that for and in consideration of a Marriage to be shortly had and solemnized between the said A. B. and E. G. of — Widow ( late the Wife of H. G. deceased ) and for the future good and advancement of the said E. G. and in testimony of the singular good will and affection , which he the said A. B. hath and beareth unto the said E. G. and for other good Causes and Considerations , him the said A. B. thereunto moving : He the said A. B. doth Covenant , &c. [ Here put a Covenant with C. D. and E. F. to stand seized from and after the said intermarriage of and in a Mannor , (a) &c. ] To the onely use and behoof of the said A. B. and of the said E. and of the Heirs and Assigns of the said A. B. for ever , for the Joynture of the said E. in case she shall happen to survive and over-live the said A. B. and in full satisfaction of Dower , &c. [ vide before Sect. 2. in this Chapter .

( 8. ) And the said A. B. for himself , his Covenants against Incumbrances . Heirs , Executors and Administrators , doth Covenant and grant to and with the said C. D. and E. F. and either of them , their and either of their Executors and Administrators by these presents , in manner and form following , that is to say , That he the said A. B. his Heirs , Executors , Administrators and Assigns , shall and will from time to time and at all times hereafter , well and sufficiently save , defend and keep the said Mannor , &c. and all other the Premisses , and every part and parcel thereof , of and from all and all manner of former and other Bargains , Sales , &c. [ as in a Covenant against Incumbrances . ] And that the said Mannor , Lands , Tenements , and other the Premisses , now are and be of the That the Mannor is of such value . Further Assurance . clear yearly value of One Hundred pounds per annum , over and above all Charges and Reprises . And here also may be added a Covenant from A. B. for further Assurance , &c. viz. for the better and more perfect assuring and sure making , of all and singular the Premisses to the said E. G. for term of her life only , in form aforesaid , And that all and every Feoffments , Fines , Conveyances and Assurances , to be had , made , knowledged , done , suffered or executed , of the said Premisses , or any part thereof , by the said A. B. during the life of the said E. shall be and inure , to the uses , intents and purposes aforesaid , and to none other use , intent or purpose whatsoever . And further that she the said E. To enjoy . from and after the decease of the said A. B. ( according to the intent and true meaning of these presents ) shall or lawfully may , during the term of her natural life , have , hold and quietly enjoy the said Mannor , &c. without any lawful let , suit , eviction or interruption , of the Heirs or Assigns of the said A. B. or of any other person or persons whatsoever , lawfully claiming by , from or under the said A. B. his Heirs or Assigns , or any of them .

( 9. ) And the said A. B. for himself , his Executors Not to intermeddle with his Wives Childrens Portions . and Administrators , doth Covenant and grant to and with the said C. D. and E. F. and either of them , their and either of their Executors and Administrators by these presents , that he the said A. B. his Executors or Administrators shall not at any time or times hereafter , have , receive , take , or any way intermeddle with the Portion or Portions , Legacy or Legacies , or any part thereof appertaining or belonging , given or bequeathed , due , or to be due to I. G. B. G. and R. G. the Children of the said E. G. or any of them , or with the increase or profits thereof , or by reason of the same arising , coming or growing , or that hereafter shall arise , come or grow of the same , or any part or parcel of the same increase , other than such parcel thereof , as by Covenant hereafter , in these presents expressed , is yearly to be paid unto the said A. B. or his Assigns , for and towards the charges of bringing up the said Children , but shall permit and suffer the said C. D. and E. F. and the Survivor of them , and the Executors or Administrators of the Survivor of them , to have the ordering , putting forth and disposing of the said Portion and Portions , Legacy and Legacies , sum and sums of Mony , appertaining and belonging unto the said Children , and every of them , and every part and parcel thereof , and of the increase and profits arising by the said Moneys , and every part thereof , for the benefit and advantage of the said Children respectively , according to the appointment and direction of the said E. G.

( 10. ) And that he the said A. B. shall deliver , To deliver up all the Specialties , which touch the Childrens Portions to the Trustees . To make Letters of Attorney to su● for Portions . or cause to be delivered unto the said C. D. and E. F. or the survivor of them , upon reasonable request by him or them to be made , all such Bonds , Obligations and Specialties , wherein or whereby any person or persons are or do stand bound unto the said E. for , touching or concerning the said Portions , or Moneys of the said Children , or any of them , as shall come unto the hands or possession of the said A. B. and shall also make , seal , and duly execute unto the said C. D. and E. F. or the survivor of them , such Letter or Letters of Attorney , for the better enabling them , or the survivor of them , to sue for and recover the sum and sums of money contained in the said Bonds , Obligations , and Specialties or any of them , as by the said C. D. and E. F. or the Survivor of them , or the Counsel Learned of them , or the Survivor of them , shall be devised , advised or required , for the use and benefit of the said Children . And that the said A. B shall not release or discharge Not to discharge Specialties , or release Suits . the said Bonds , Obligations , or Specialties , or any of them , or any Suit , Action or Actions , Judgment or Judgments , to be had or prosecuted upon the said Bonds , Obligations or Specialties , or any of them , by force of the Authority to be given as aforesaid , nor shall at any time hereafter release or countermand the said Letter or Letters or Attorney , to be given as aforesaid , or any of them .

( 11. ) And , that he the said A. B. shall and To permit his Wife to make a Will . will permit and suffer the said E. to dispose by her last Will and Testament in Writing , to any Person or Persons whatsoever , any sum or sums of Mony , at her pleasure ( not exceeding in the whole the sum of Five hundred pounds ) And that he the said A. B. shall not any way countermand or revoke the same . And that he the said A. B. his Executors and Administrators ( in case he shall happen to survive the said E. ) shall and will well and truly satisfie , content and pay , or cause to be satisfied , contented and payed , the Legacies in and by the said Will of the said E. to be devised as aforesaid , or so much of them as shall not exceed the sum of Five hundred pounds , according to the purport and true meaning thereof , within one year next after the decease of the said E. upon the lawful and reasonable demand of the several and respective Legacies , to whom such Legacy or Legacies shall be given as aforesaid .

( 12. ) And the said C. D. and E. F. for them The Trustees to make yearly allowance for the Childrens Maintenance . and either of them , their and either of their Executors and Administrators , do Covenant and grant to and with with said A. B. his Executors and Administrators by these presents , That they the said C. D. and E. F. or one of them , their or one of their Executors or Administrators , shall and will yearly , from and after the said Marriage , so had and solemnized as aforesaid , and during so long time , as the said Children , or any of them , shall be at the finding and providing of the said A. B. well and truly pay , or cause to be paid unto the said A. B. for every of the said Children so sojourning with and being provided for , by the said A. B. the sum of , &c. per annum , at the Feasts of , &c. by equal portions , out of the increase and profit arising and accruing by their respective Portions , as aforesaid . And that the said C. D. and E. F. and the Survivor of them shall imploy and bestow the residue of the said increase and profit in such sort and manner as the said E. shall direct and appoint , for the further benefit and advantage of the said Children . And that they To make account to the Mother . the said C. D. and E. F. and the Survivor of them shall from time to time , when he or they shall be thereunto required by the said E. yeild and make unto the said E. a just , true and perfect account of the said increase or profit arising or growing , from or by the said Childrens Portions or sums of Mony .

In witness , &c.

( 13. ) This Indenture made , &c. Between A. B. and E. his wife on the one part : and C. Joyntures after Marriage , had . D. and E. F. on the other part , witnesseth , That for and in consideration of a Marriage lately had and solemnized , between the said A. B. and the said E. ( Daughter of the said C. D. ) and in performance and accomplishment of such Articles and Agreements that passed and were made upon Consideration . the Conclusion of the said Marriage : And for the making and assuring of a competent Joynture to and for the said E. in case she shall happen to over-live the said A. B. He the said A. B. for himself , his Heirs , Executors and Administrators , doth Covenant and grant to and with the said C. D. and E. F. and either of them , their and either of their Heirs , Executors and Administrators , and every of them by these presents : That he the said A. B. and E. his Wife , &c. [ To levy a Fine to C. D. and E. F. sur Cognizance Covenant to levy a Fine . de droit come ceo , &c. of Messuages , Lands , &c. ]

( 14. ) And it is the true intent and meaning of all the said Parties to these presents : And the said A. B. for himself , his Heirs , Executors , and Administrators , doth Covenant and grant to and with the said C. D. and E. F. their Heirs , Executors and Administrators , and every of them by these presents , That the said Fine so to The uses be had and levyed as aforesaid , of the said Messuages , Lands , &c. shall be and inure , and the said C. D. and E. F. and the Survivor of them , his and their Heirs shall stand and be seized thereof , and of every part and parcel thereof , to the use and behoof of the said A. B. and his Assigns , for and during the term of his natural life , and from and after his decease to the use and behoof of the said E. for and during the term of her natural life , for her Joynture , and in full For a Joynture and in satisfaction of Dower . satisfaction of all such Dower as she the said E. may hereafter have or claim , of , or out of any Lands , Tenements or Hereditaments , whereof the said A. B. now is , or shall be at any time seized of any Estate of Inheritance , during the Coverture between the said A. B. and the said E. And from and after the decease of the said A. B. and E. and the Survivor of them , To the use and behoof of the Heirs Males of the Body of the said A. B. on the Body of the said E. lawfully to be begotten , and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever : [ with usual Covenant ] Then add this Covenant : And it is further Covenant to alter the use to the Wife upon her suit for Dower . Covenanted , granted , concluded and agreed , by and between the said Parties to these presents , That if the said E. after the death of the said A. B. ( in case she shall happen to over-live him ) shall disagree to , and refuse to accept of the said Messuages and Lands hereby setled on her , as aforesaid , for and in name of her Joynture , and shall commence or sue any Action at Law , or Suit for any Lands , Tenements or Hereditaments , which were the Inheritance of the said A. B. during the Coverture between them , for her Dower , or upon her Title of Dower , That then and from thenceforth , from and after the commencement of such Action or Actions , Suit or Suits , the Uses or Estates herein before limited , shall cease , determine and be utterly void , and then and from thenceforth the said C. D. and E. F. shall stand and be seized of all and every the Premisses aforesaid , to the use and behoof of the said A. B. his Heirs and Assigns for ever . This Indenture , or any thing herein before contained , to the contrary thereof in any wise notwithstanding .

( 14. ) This Indenture , &c. Between A. B. Another after Marriage by way of Feoffment to uses . Consideration . of the one part ; and C. D. E. F. and G. H. of the other part : Witnesseth , that the said A. B. for and in consideration of a Marriage heretofore had and solemnized , by and between the said A. B. and E. his now wife , and for the setling of a competent Joynture on the said E. if she shall happen to survive and overlive the said A. B. and for the setling , assuring and conveying of all and singular the Mannors , Lands , Tenements and Hereditaments hereafter mentioned , with their and every of their Appurtenances , in the Name and Bloud of the said A. B. for so long time as it shall please Almighty God , and to the several uses , intents and purposes , and in such manner and form , as hereafter in and by these presents is expressed , mentioned and declared , and according to , and in pursuance of a certain Agreement between the said A. B. and G. H. I. K. &c. before the said intermarriage had and made , and also for divers good Causes and Considerations , him hereunto especially moving : Hath granted , aliened , released , enfeoffed and confirmed , and by The Feoffment these presents doth grant , alien , enfeoff , release and confirm unto the said C. D. E. F. and G. H. All those his Mannors of A. and B. &c. and the Reversion and Reversions , Remander and Remainders thereof , and of every part and parcel thereof . To have and to hold the said Mannors , &c. and all and singular other the Premisses hereby conveyed and assured , or mentioned , or intended to be conveyed and assured , with their and every of their Rights , Members and Appurtenances , and the Reversion and Reversions , Remainder and Remainders thereof , and of every part and parcel thereof , unto the said C. D. E. F. and G. H. their Heirs and Assigns for ever .

( 15. ) To the several uses , intents and purposes , and upon the Trust and confidence , and The uses of the Mannor of A. under the several Provisions , Conditions and Limitations , hereafter in and by these presents expressed , limited and declared , and to none other use , intent or purpose whatsoever : that is to say , As to , for , and concerning the said Mannor of A. &c. To the use and behoof of the said A. B. for and during the term of his natural life , without To A. B. for life , after to his Wife for life , for a Joynture . To 1. 2. 3 &c. Sons in Tail . impeachment of , or for any manner of Waste : And from and after his decease , to the use and behoof of the said E. his Wife , and her Assigns , for and during the term of her natural life , for her Joynture , and in lieu and recompence of her Dower , and Title of Dower : And from and after the several deceases of them the said A. B. and E. his wife , Then to the use and behoof of the first a a If they have any Sons , time of the limitation , they are to be named . Son of the Body of the said A. B. on the Body of the said E. lawfully begotten , or to be begotten , and of the Heirs Males of the Body of such first Son lawfully to be begotten . And for default of such Issue , to the use and behoof of the second Son , of the Body of the said A. B. on the Body of the said E. lawfully begotten , or to be begotten , and of the Heirs Males of the Body of such second Son , lawfully to be begotten , &c. [ and so even to the Tenth Son . ] And for default of such Issue to the use and behoof of every other Son and Sons of the Body of the said A. B. on the Body of the said E. B. lawfully to be begotten , and of the Heirs Males of the Body of every such Son and Sons lawfully to be begotten , according to their seigniority of Age , and priority of Birth , the elder Son , and the Heirs Males of his Body , being always preferr'd before the younger Son , and the Heirs Males of his Body : And for default of such Issue , to the use and behoof of the Heirs of the Body of the said A. B. and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever . And as to , for , and concerning the said Mannor of B. &c. and all other the Messuages , Lands , Tenements , The uses of the Mannor of B Hereditaments and Premisses , with their and every of their Appurtenances , whereof no Use or Uses is , or are before herein limited , To the use and behoof of the said A. B. for and during the term of his natural life , without impeachment of or for any manner of Waste , and from and after his decease , to the use and behoof To A. for life , after to the Feoffees for years in trust . of the said C. D. E. F. and G. H. their Executors and Assigns , for and during the term of one and twenty years , to commence immediately from and after the decease of the said A. B. and from thence next ensuing , and fully to be compleat and ended , upon trust and confidence , and to the uses , intents and purposes , hereafter in and by these presents expressed , limited and declared . And The use limited after the term from and after the end , expiration or other determination of the said term of one and twenty years : To the use of such Person and Persons , for such Estate and Estates , and in such manner and form as the said A. B. by his Deed or Deeds in writing , sealed and executed in the presence of three or more credible Witnesses , shall in his life time , declare , limit or appoint : And in default of such Declaration , Limitation or Appointment : Then to the use and behoof of the right Heirs of the said A. B.

( 16. ) And the true intent and meaning of The Declaration of the Trust . these presents is , and the special Trust and confidence in them the said C. D. E. F. and G. H. their Executors and Administrators hereby reposed , as to the said Estate for years to them limited , as aforesaid is : That in case the said A. B. shall depart this life , having at the time of his decease , one , two , or more Daughter or To pay Daughters Portions . Daughters of his Body , on the Body of the said E. lawfully begotten , then living and unprefer'd in Marriage , or leaving the said E. with Child of one or more Daughter or Daughters , who after shall be born alive : That then the said C. D. E. F. and G. H. the Survivors and Survivor of them , and the Executors or Administrators of the Survivor of them , shall and will out of the Rents , Issues and Profits of the said Mannor of B. and other the Premisses so to them limited , as aforesaid , for years , raise and levy so soon as conveniently may be , for the Portion or Portions of such Daughter or Daughters , which he the said A. B. shall leave at his decease , unpreferred as aforesaid , and with which he shall leave with Child , the said E. as aforesaid , viz. If there be but one , the sum of Two thousand pounds of good and lawful Mony of England , to be paid unto her at her Age of eighteen years , or Day of Marriage , which shall first happen , or so soon as the said sum of Two thousand pounds can be raised , and if there be two Daughters , the sum of One thousand pounds a piece , or if there be three or more Daughters , the sum of Three thousand pounds in the whole , to be equally divided between the said Daughters , share and share like : All and every the said sums to be payed unto the said Daughters , severally and respectively , at their several and respective Ages of Eighteen years , or their several and respective Marriages , which of them shall first happen , or so soon as the same can be conveniently called , as aforesaid ; in which respect the elder Sister is to be prefer'd in payment before the younger , unmarryed . And in case any of the said In case any of the Daughters die , her part to go to the Survivors . Sisters shall happen to die before her or their Marriage , or Age of Eighteen years , That then such part or proportion , of the said Sister or Sisters so dying , shall accrue and come unto the surviving Sister , if but one , and if more then one survive , then unto the Sisters so surviving , to be equally divided between them , share and share like . And upon this further trust and confidence , that if it shall happen the said A. B. to die , leaving onely one Daughter , or two or more Daughters of his Body , on the Body of the said E. begotten , then living , or afterwards to be born as aforesaid : And that such Daughter or Daughters shall all happen to die before she or How the sums shall be disposed if all the Daughters die . they shall be Marryed , or accomplish the several and respective Ages of Eighteen years , as aforesaid , That then and in such case the said several sum and sums of Mony intended , for the Portion or Portions , Advancement or Advancements of such Daughter or Daughters as aforesaid , or so much thereof as shall be raised or ●evyed out of the Rents , Issues and Profits of all or any of the Premisses ( all charges and expences bring defrayed , wherein a full and liberal allowance shall be made and given ) shall be satisfied and payed unto such Person or Persons , as the said A. B. by any writing under his Hand and Seal , subscribed and sealed in the presence of two or more credible Witnesses , shall limit and appoint , and in default of such Limitation and Appointment , to the Executors or Administrators of the said A. B. And upon this further Maintenance allowed to the Daughters until Portions paid . trust and confidence , and to the end , intent and purpose , that the said C. D. E. F. and G. H. and the Survivors and Survivor of them , his and their Executors and Administrators , shall out of the Rents , Issues and Profits of the said Mannor of B. &c. and Premisses , so to them limited for raising of Portions no aforesaid , with their and every of their Appurtenances , levy and pay , or cause to be levyed and payed to and for the maintenance of such Daughter and Daughters as aforesaid , if there be but one Daughter , onely , the sum of Fifty pounds per annum , and if there be two or more Daughters , the sum of Thirty pounds per annum a piece , until such Daughter or Daughters respectively , shall attain to her or their Age or Ages of Eighteen years , or shall be Marryed , and her or their Portions payed as aforesaid .

( 17. ) Provided always , and it is the true intent and meaning of these presents , and of all If A B. die without Daughters , the limitation for years to cease . the Parties hereunto , That if the said A. B. shall happen to depart this life , without any Issue Female of his Body , upon the Body of the said E. begotten , or without leaving the said E. with Child , of one or more Daughter or Daughters that shall be born alive , That then the Estate so limited as aforesaid , to the said C. D. E. F. and G. H. for one and twenty years , shall cease , determine and be utterly void . Provided also , That from and immediately after such After the Portions raised the Estate limited for years to cease . time or times , as the aforesaid C. D. E. F. and G. H. their Executors or Assigns , shall or might have levyed and raised the said several sums for Portions , and present maintenance of such Daughter and Daughters as aforesaid , that then the said Estate for years limited , to them in trust as aforesaid , shall cease , determine and be utterly void . And the said Mannor of B. and all and singular other the Premisses , so to the said C. D. E. F. and G. H. limited for years , in trust as aforesaid , shall immediately go and be to such Person and Persons to whom the Reversion or Remainder of the Premisses shall belong and appertain .

( 18. ) Provided always , and upon this further The limitation to Wife , as to a 5th . part ; to be altered upon her second Marriage . Condition , and to the further use , intent and purpose , That if the said A. B. happen to depart this life , leaving one Son or more of his Body , on the the Body of the said E. lawfully begotten : And the said E. do him survive , and do afterwards intermarry , or take another Husband ; That then , from and immediately after such Marriage as aforesaid , As for and concerning one fifth part of the said Mannor of A. &c. ( the whole in five parts being divided ) before in and by these presents limited and appointed , or mentioned to be limited and appointed to and for the Ioynture of the said E. the use and Estate thereof limited and appointed as aforesaid , to the said E. shall cease , determine and be utterly void , and that then and from thenceforth the said C. D. E. F. and G. H. and the Survivors and Survivor of them , his and their Heirs and Assigns , shall stand and be seized of the said fifth part of the said Mannor of A. &c. immediately from and after the said intermarriage , to the use and behoof of the said Son ( or of the eldest Son , in case there be more ) for and during the term of the natural life of the said E. Any thing herein before contained , to the contrary thereof in any wise notwithstanding . Here may be added a Covenant to alter the use to the Wife , in case of Usual Covenants . her suit for Dower : vide Sect. 13. in this Chapter , and also Covenants that A. B. is seized in Free , and hath authority to assure the Premisses to the uses before , and to make further assurance : vide Chap. 14. and also a Power to A B. to revoke all the uses , except what is limited to his Wife : vide Cap. 11.

( 19. ) This Indenture , &c. Between A. B. on A Rent setled on the intended Wife for satisfaction of Dower . Consideration . the one part , and C. D. and E. F. on the other part : Whereas a Marriage is by the grace of God , to be shortly had and solemnized , between the said A. B. and E. D. Daughter of the said C. D. Now witnesseth this present Indenture , that for the absolute and perfect Ioynture of her the said E. D. in case the said Marriage take effect , and for and in recompence , barr , and full satisfaction and discharge of all and singular the Dower , or Title of Dower , which the said E. D. shall or may have or lawfully claim , of , in , or to the Lands , Tenements or Hereditaments of the said A. B. he the said A. B. hath given , granted , enfeoffed and confirmed , and doth by these presents , give , grant , enfeoff and confirm unto the said C. D. and E. F. their Heirs and The Feoffment . Assigns for ever . All that , &c. To have and to hold the said Messuage , Lands , Tenements and Premisses , and every part and parcel thereof , with their and every of their Appurtenances , unto the said C. D. and E. F. their Heirs and Assigns for ever : To the uses , intents and purposes hereafter mentioned : that is to say , To The uses ; to charge the same with a Rent . the use , end and intent , that the said E. D. ( in case the said Marriage take effect ) may immediately , from and after the decease of the said A. B. if she happen to survive him , have , perceive and take out of the said Messuage , Lands , Tenements and Premisses , for term of her natural life , One annual Rent , or yearly sum of One hundred pounds per annum , of good and lawful Mony of England , at two days or Feasts in the year : that is to say : At the Feast of Th●●nnunciation of St. Mary the blessed Virgin , and the Feast of St. Michael Th●archangel , by even and equal portions , the first payment thereof to begin at such of the said Feasts , as shall next and immediately happen , from and after the decease of the said A. B. To have , perceive and enjoy the said Annuity , or yearly Rent of One hundred pound per annum , from and after the decease of the said A. B. unto the said E. and her Assigns , for and during the term of her natural life : the first payment thereof to begin as aforesaid .

( 20. ) And further , to this use , intent and purpose , That if it shall happen the said Annuity Clause of Distress . or yearly Rent of One hundred pounds per annum , or any part thereof , to be behind or unpayed , after either of the said Feast Days whereon the same ought to be paid as aforesaid , That then and from thenceforth , it shall and may be lawful to and for the said E. &c. [ to enter and distrain as in a grant of a Rent ] And as for touching and concerning all and every the said The use of the Lands charged . Messuage , Lands , Tenements and Premisses , herein before mentioned , to be granted , enfeoffed and confirmed unto the said C. D. and E. F. and their Heirs : It is the true intent and meaning of all the Parties to these presents , That the said C. D. and E. F. and their Heirs , shall stand and be seized thereof , and of every part and parcel thereof , to the onely use and behoof of the said A. B. his Heirs and Assigns for ever , and to no other use , intent or purpose whatsoever : nevertheless the said Premisses , to be charged and chargable with the said Annuity or yearly Rent , as aforesaid .

CHAP. XVII . Containing several Covenants used upon Vide Chap. 4. Covenants upon Settlements . Marriages , and in Joyntures made .

( 1. ) THis Indenture made , &c. Between A. B. of the one part , and C. D. of the other part : Witnesseth , That it is Covenanted , granted , concluded and agreed , by and between the said Parties , in consideration of a Marriage to be had and solemnized , between C. B. Son of the said A. B. and E. D. Daughter of the said C. D. in manner and form following : Covenant to pay the Portion , after Marriage . And first , the said C. D. doth for him , his Executors and Administrators , Covenant and grant to and with the said A. B. his Executors and Administrators by these presents , That in case the said Marriage take effect , he the said C. D. his Executors or Administrators , shall and will within one Month after the said Marriage had and solemnized , pay , or cause to be paid unto the said A. B. his Executors or Administrators , as the marriage Portion of the said E. the sum of Five hundred pounds of lawful moneys of England , at or in the now dwelling House of the said A. B. scituate in , &c.

( 2. ) And the said A. B. doth for himself , his To pay a sum if he refuse the Marriage . Executors and Administrators , Covenant and grant to and with the said C. D. his Executors and Administrators , by these presents , That in case it shall fortune that the said C. B. his Son , shall refuse or disagree to the said Marriage , or that the said Marriage shall not take effect and be had and solemnized within three Months next ensuing the Date hereof , through the default , mislike , means or procurement of the said A. B. and C. B. or either of them , That then the said A. B. his Executors or Administrators , shall and will well and truly pay , or cause to be paid unto the said C. D. his Executors or Administrators , within six Months , next ensuing the Date hereof , the sum of One hundred pounds of lawful Moneys of England , at one intire payment , to and for the use of the said E. D. in case she the said E. shall so long live , and for her advancement and preferment in Marriage , and as an augmentation of her Portion and livelyhood .

( 3. ) And the said A. B. for himself , his Executors and Administrators , doth Covenant and To maintain the young pair . grant to and with the said C. D. his Executors and Administrators by these presents , That in case the said Marriage shall take effect , according to the true meaning of these presents , That then he the said A. B. his Executors or Administrators shall and will well and sufficiently maintain , provide for , find , keep and sustain the said C. B. and E. his Wife , and all the Issue of their two Bodies begotten , from time to time , and at all times , immediately from and after the said Marriage between the said C. B. and E. so had and solemnized as aforesaid , during the natural life of him the said A. B. with sufficient and convement Meat , Drink , Lodging and House-room , according to their quality and degree .

( 4. ) And further , that he the said A. B. shall To give or leave by Will 1000 l. and will , either in the life time of the said A. B. or by his last Will and Testament , leave , give , devise , assure or pay , or cause to be well and truly contented and payed unto the said C. B. or to the said E. in case she shall survive the said C. B. and the said C. B. shall happen to die during the life of the said A. B. or to the Child or Children between them to be begotten , in case the said C. B. and E. shall both happen to die in the life time of the said A. B. to be equally divided between them , the sum of One thousand pounds of lawful Mony of England , to be payed within two years after the decease of the said A. B. at the farthest , in case the same shall not be payed or satisfied in his life time .

( 5. ) And that he the said A. B. shall and will To do further acts to ratifie these Covenants . at any time or times , during the space of two years , next ensuing the Date hereof , upon reasonable request , and at the cost and charges in the Law , of the said C. D. his Executors or Administrators , make , do , seal , deliver and duly execute , all and every such further Act and Acts , Thing and Things , Deed or Deeds , Assurance or Assurances whatsoever , as shall be reasonably devised or required by the said C. D. his Executors or Administrators , or his or their Counsel learned in the Law , for the ratifying , perfecting and sure making of the Covenants , Grants , Payments and Agreements , before in these presents expressed and declared , which on the part and behalf of the said A. B. his Executors or Administrators , are to be kept , performed and accomplished , according to the intent and true meaning of these presents . So that such Act or Acts , Thing or Things , Deed or Deeds , Assurance or Assurances , extend no farther , th●● to the said A. B. his Executors or Administrators , or the Goods and Chattels of the said A. B.

In Witness .

( 6. ) And the said A. B. for himself , his Executors A Covenant for to permit the Wife to make a Will . and Administrators , doth Covenant and grant to and with the said C. D. and E. F. [ the Trustees on the Womans behalf ] that if it fortune , the said E. ( the intended Wife ) after the said Marriage had and solemnized , to die and decease in the life time of the said A. B. That it then shall and may be lawful to and for the said E. at her free will and pleasure to make , publish and declare one Will and Testament in Writing under her Hand and Seal , and thereby to dispose , will , give and bequeath , to any her Children , Servants or Friends , for their preferment or advancement , any sum or sums whatsoever , ( not exceeding in the whole the sum of Two hundred pounds ) of the Goods and Chattels which the said E. shall be possest of at the time of the said intended Marriage : and if it fortune the said Goods or Chattels , after Marriage had , to be sold , or otherwise disposed of by the said A. B. before such Will or Testament made by the said E. Then of so much of the Goods and Chattels of the said A. B. as shall amount to , or not exceed the said sum of Two hundred pounds , without any let , disturbance or contradiction of the said A. B. and in as large and ample a manner , as if the said E. were then a Feme sole and unmarryed .

( 7. ) And further that she the said E. shall Another to the same purpose , or may at any time during the Coverture between her and the said A. B. without any lett or disturbance of the said A. B. or of any other by his means , make and declare her Will and Testament , and thereby , or by any other Writing by her to be subscribed , in the presence of two or more credible Witnesses , give , bequeath , assign or appoint to any person or persons whatsoever , any sum or sums of money , so as the same exceed not in the whole the sum of Two Hundred pounds , of lawful moneys of England . And that if he the said A. B. do over-live the said E. That then ( and not otherwise ) he the said A. B. his Executors or Administrators , shall and will within Six Moneths after the decease of the said E. and after request to him or them to be made in that behalf , execute and perform , or cause to be executed and performed the same her Will and Testament , Gift , Bequest , Assignment or Appointment , to any value ( not exceeding in the whole the said sum of Two Hundred pounds ) according to the intent and true meaning of the said Will or Writing . That if the Lands setled in Joynture fail of the value , the Fxecutors of the Husband to make it up .

( 8. ) And the said A. B. for himself , his Executors and Administrators , doth Covenant and grant to and with the said C. D. and E. F. their Executors and Administrators by these presents , That in case the said E. shall survive the said A. B. and shall be minded to lett the Premisses , before limited and appointed to her for her Ioynture , to Farm for a yearly Rent , and shall make offer so to do , to the Executors or Administrators of the said A. B. or any of them , and that they shall upon such offer made , refuse to take the same to Farm , at the yearly Rent of Thirty pounds per annum , of lawful money of England , That then and in such case the said Premisses shall be rated and valued , by Four substantial men of the same Parish , where the said Messuage and Lands are scitu●te and do lye , whereof the said Executors or Administrators are to choose Two , and the said E. the other Two , at a certain yearly value , according as other Lands of like quality and goodness are lett within the said Parish : And in case the said rate and value made and put upon the said Premisses as aforesaid , shall not amount unto the said sum of Thirty pounds per annum , the said Executors or Administrators shall and will well and truly pay , or cause to be paid unto the said E. so much lawful money of England , yearly and every year , on the Feast Day of St. Michael the Archangel , as shall make up the said yearly value or Rate of Thirty pounds per annum , until such time as they can procure a good and sufficient Tenant to take the same , at the said Rate of Thirty pounds per annum , under such Covenants and Agreements , as other Lands are usually letten within the same Parish , and for the term of One and Twenty years or more , determinable upon the death of the said E.

( 9. ) And further for and upon the Consideration To make up what shall be evicted of the Lands setled in Joynture aforesaid , he the said A. B. doth for him the said A. B. his Executors and Administrators , Covenant and grant to and with the said C. D. and E. F. and either of them , their and either of their Executors and Administrators , That if the said E. his now Wife , shall happen to survive and over-live him the said A. B. and shall at any time after the decease of the said A. B. be lawfully evicted or put out of or from the said Messuage , and other the Premisses , limited to her as aforesaid for her Ioynture ▪ or any part or parcel thereof , That then the Executors or Administrators of the said A. B. shall well and truly pay or cause to be paid unto the said E. so much lawful money of England , for the said Premisses , or part thereof , being so evicted from the said E. as aforesaid , as the same shall amount unto , at the Rate of Six years purchase , for and according to the yearly value of the same , within Three moneths after such eviction .

( 10. ) And the said A. B. for himself , his Executors To pay back part of the Portion , if the Wife die , &c. and Administrators , doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents , That in case the said E. shall happen to depart this life , within Three years after the said Marriage had and solemnized as aforesaid , without having any Issue of her Body , lawfully begotten by the said A. B. then living , That then and in such case the said A. B. his Executors or Administrators , shall and will , for and in respect of the said sum of Five Hundred pounds , of lawful moneys of England , by him received as aforesaid , as the Marriage-Portion of the said E. repay and satisfie , or cause to be repayed and satisfied unto the said C. D. the sum of Three Hundred pounds , of lawful moneys of England , at one entire payment , within Six moneths next after the decease of the said E.

CHAP. XVIII . Containing the General words , commonly used for the passing of Mannors , Messuages , Lands , &c.

( 1. ) ALL that the Mannor of L. with A Mannor . Th' appurtenances , in the County of M. And also all Messuages , Houses , Edifices , Buildings , Barns , Stables , Out-houses , Yards , Backsides , Orchards , Gardens , Lands , Tenements , Meadows , Leasowes , Pastures , ●eedings , Waies , Wastes , Waste-grounds , Commons , Commodities , Moors , Marishes , Wood-grounds , Woods , Vnder-woods , Waters , Water-courses , Ponds , Pools , Liberties , Fishings , Rents , Reversions , Services , Fines , Amerciaments , Court-leets , Courts-baron , Views of Frank-pledge , and profits of Courts ; and all that to Courts and Leets belongeth , Waifs , Estrays , Goods and Chattels of Felons and Fugitives , Customs , Rights , Iurisdictions , Priviledges , Profits , Commodities , Advantages , Emoluments and Hereditaments whatsoever , with Th' appurtenances , of whatsoever kind , nature or quality , or by whatsoever Name or Names they are called or known by , scituate , lying and being , coming , renewing , arising or growing in L. aforesaid , or elsewhere in the said County of M. to the said Mannors , Messuages , Lands , Tenements , Meadows , Pastures , Feedings and other the Premisses , or to every or any of them in any wise belonging or appertaining , or incident thereunto , or as part , parcel or member thereof , or at any time heretofore known , accepted , taken , used , demised or reputed , as part , parcel or member thereof , or of any part thereof .

( 2. ) All that the Mannor or Lordship of F. Another for a Mannor . lying and being in the Parish of F. with the rights , members and appurtenances thereof , or thereunto belonging in F. aforesaid , in the County of M. And all and singular Rents , Reversions , Services , Courts and perquisites of Courts , views of Franck-pledge , Priviledges , Franchises , Iurisdictions , Royalties , Liberties , Profits and Commodities , and Hereditaments whatsoever , to the said Mannor , and other the Premisses belonging , or in any wise appertaining , scituate and being , growing , arising and renewing , within the Parish of F. aforesaid , in the County of M. And all that An Advowson . Advowson , Donation , Nomination , Presentation , free disposition and right of Patronage , of the Parish Church of F. aforesaid .

( 3. ) All that Messuage or Tenement , with A Messuage & Lands . Th' appurtenances , commonly called or known by the Name of B. and all Out-houses , Barns , Stables , Buildings , Yards , Backsides , Orchards , Gardens , Curtilages and Appurtenances whatsoever , thereunto belonging , scituate and being in the Parish of C. in the County of M. And also all and singular those several Closes , or parcels of Land , Meadow , Pasture and Arable , hereafter particularly mentioned : that is to say , One Close or parcel of Pasture Ground , called or known by the Name of D. Close , containing , by estimation , twenty Acres , or thereabouts , be the same more or less , &c. [ and s 〈…〉 e other Closes with their Names and con●ents of Actes , and also put down the abutments of them , in case they be dispersed or intermingled with other Lands ] All which said Closes , or parcels of Land do lie together , neer unto the said Messuage or Tenement , and are belonging to , or have been usually letten or occupyed together with the same , and are scituate , lying and being in the Parish of C. aforesaid , and now are , or late were , in the tenure or occupation of G. H. his Assigns or under-Tenants : And all and singular Waies , Easements , Water-courses , Fishings , Ponds , Commons , Common of Pasture , Heath , Turbary , Woods , Vnderwoods , Profits and Commodities whatsoever , with their and every of their Appurtenances , to the said Messuage , or Tenement and Premisses belonging or appertaining , or reputed to belong thereunto , or used or letten together with the same .

( 4. All that Messuage or Tenement , with A Messuage in London . Th' appurtenances , scituate and being in or near Fleetstreet , in the Parish of St. Dunstans in the West , London , commonly called or known by the sign of the Mirmaid , now in the tenure or occupation of G. H. his Assigns or under-Tenants , Together with all and singular Shops , Cellars , Sollers , Chambers , Rooms , Entries , Waies , Passages , Yards , Backsides , Edifices , Buildings , Gutters , Water-courses , Easements , Profits , Commodities and Appu●teaances whatsoever , to the said Messuage or Tenement belonging , or in any wise appertaining , or therewith used , occupyed or enjoyed , or accepted , reputed or taken , as part parcel or member thereof .

( 5. ) All that great Messuage or Inne , commonly An Inn● . called or known by the Name , or Sign of the George , scituate and being in a Street called B. Street , in the Parish of C. London , together with all Cellars , Sollers , Rooms , Chambers , Stables , Haylofts , Waies , Passages , Courts , Yards , Lights , Windows , Water-courses , Racks , Planks , Mangers , and all other Apurtenances whatsoever , to the said Messuage or Tenement belonging , or in any wise appertaining , or therewith used , occupyed or enjoyed , or reputed or taken as part , parcel or member thereof , which said Messuage or Inne is now in the tenure or occupation of A. B. Inne-holder , his Assigns or Vnder-Tenants .

( 6. ) All that his Messuage , or Tenement A Brew-house . and Brewhouse , scituate and being in a Street called B. Street , in the Parish of , &c. London , with all the Stables , Edifices , Buildings , Waies , Passages , Lights , Water-courses , Profits , Commodities and Appurtenances whatsoever , thereunto belonging , or therewithall now used , occupyed or enjoyed : And also , All and singular those Vessels , Furnaces , Coppers , and other Vtens●●s whatsoever , to the said Brewhouse belonging , and now used together with the same , being in a Schedule hereunto annexed , particularly mentioned .

( 7. ) All that his Water-grist Miln and A Water-grist Miln Milns ( being two grist Milns under one Roof ) commonly called or known by the name of B. Miln or Milns , with the Appurtenances , scituate and being in the Parish of , &c. sometimes in the tenure or occupation of one A. B. and now or late in the tenure or occupation of C. D. or his Assigns or Vnder Tenants , and all that parcel of ground , on part whereof the said Milns now stand , containing by estimation one Acre or thereabouts , be the same more or less . And also all that the The Suit to the Milns . Suit of and to the said Milns , as well customary as conventionary , of all the Tenants of the Mannor of S. in the said County , and all the Toll and Custom , for grinding of all the Corn and Grain of the said Tenants , and also all and singular Head-Wares and Miln-Ponds , and the soyl thereof , to the said Miln or Milns belonging or appertaining . And all and singular Miln-Pools , Miln-Dams , Stanks , Banks , Ponds , Streams , waters , Water-courses , Rivers , Fishings , Fishing places , wayes , Paths , Passages , Easements , Profits , Commodities , Advantages , Emoluments and Appurtenances , to the said Miln or Milns , and other the Premisses , or any of them , or any part or parcel thereof belonging or appertaining , or with the same now or at any time heretofore used , occupied or enjoyed .

( 8. ) All that his Water-grist Miln , commonly Another . called or known by the name of B. Miln , scituate and being in the Parish of C. in the County of D. And all that parcel of ground , on part whereof the said Miln now standeth : And also all and singular Miln-Ponds , Miln-Dams , Banks , Streams , Water-courses , Wayes , Easements , Profits , Advantages , Commodities and Appurtenances whatsoever , to the said Miln and Premisses belonging or appertaining , now in the tenure or occupation of A. B. his Assigns or Vnder Tenants .

( 9. ) All that the Prebend of B. in the A. Prebend . County of C. with all and singular the Rights , Members and Appurtenances thereof : And also the Advowson , Gift , Presentation , Collation and right of Patronage of the said Prebend , which said Prebend one A. B. formerly had to him and his Heirs for ever , of the Gift and Grant of the late King James , and by mean Conveyances is since come unto the said C. B. And all and singular Messuages , Houses , Buildings , Lands , Tenements , Rents , Reversions , Services , Woods , Vnderwoods , Parsonages , Chappels , Advowsons , Gleab-Lands , Tithes , Oblations , Obventions , Pensions , Portions , Fruits , Profits , Commodities , Emoluments and Hereditaments whatsoever , with their Appurtenances , as well spiritual as temporal , of what nature or kind soever the same be , or by whatsoever name or names they be called or known , set , lying and being , coming , growing or renewing in the Towns , Fields , Parishes or Hamblets of J. and S. in the said County of C.

( 10. ) All that the Rectory or Parsonage of C. A Rectory . aforesaid , and all and singular Houses , Edifices , Buildings , Barns , Stables , Lands , Tenements , Wayes , Passages , Wastes , Commons , Tithes of Corn , Grain , Hay ; Wool , Flax , Hemp , and all other Tithes whatsoever , as well great as small , Oblations , Obventions , Fruits , Profits , Rights , Franchises , Priviledges , Commodities , Advantages , Emoluments and Hereditaments whatsoever , with Th' appurtenances , of what nature , kind or quality soever the same be , lying and be , or coming , growing , renewing or aris●ng within the Hamlets or Fields of C. aforesaid , or any or either of them , to the said Rectory or Parsonage of C. belonging , or in any wise appertaining .

THE Several FORMS OF INSTRUMENTS Relating to the AFFAIRS of MERCHANTS , AND TRADERS : Very useful for Scriveners in LONDON , And other Maritim Towns , and Places of Trade . The Particulars of which will appear in the TABLE , next following . By T. B. Esq ;

LONDON , Printed Anno Domini 1674.

THE TABLE . I. CHAP. Containing several Forms , of Charter Parties , viz. A Charter Partie where the Ship is to apply to several Partes , to discharge and relade . Sect. 1 , &c. Another where the Ship is to take in her first Lading , at several Ports . Sect. 18 , &c. Another where the Ship is lett , and hired by the Moneth . Sect. 28 , &c. Another between Partowners of a Ship , whereby the sharers of one Moiety , letteth to freight their Part , to the sharers of the other Moiety . Sect. 39 , &c. Another between the Owners of a Ship , and Merchant , for the Lading thereof with Salt , and discharging the same in Ireland . Sect. 46 , &c. II. Chap. Containing several forms of Bills of Credit , of Adventure , of Bottombrie , Assurance of goods , and Letters of license and composition from Creditors to Debters . A Bill of Credit . Sect. 1. A Bill of Adventure for a ball of Cloth . Sect. 2 , &c. Another for Money in a voyage to the East-Indies . Sect. 5 , &c. Another upon a Man of War . Sect. 8 , &c. Another upon a Man of War , and several Ships , taken into consortment with her . Sect. 11 , &c. The Form of a Bill of Bottomver , Sect. 13 , &c. Another with Bond thereupon Sect. 21 , &c. An Assurance of goods outward bound : Sect. 28 , &c. A Letter of licence from Creditors to a Debtor , and composition made . Sect. 30 , &c. Another to a Merchant remaining beyond the Seas , to come into England for a Year . Sect. 37 , &c. Another to a Debtor beyond Sea for six Months ; paying six shillings eight pence per Pound . Sect. 40 , &c. Another in brief . Sect. 42 , &c. Another to a Debtor , resident in England , for a Years time . Sect. 43 , &c. Another to have free liberty to go to and from the Creditors to compound . Sect. 46. A Letter of Composition for ½ Debts . Sect. 50. III. Chap. Containing several Forms of Co-Partner-Ships , and Covenants incident thereunto . The Form of a Co-Partner-Ship , relating to Transactions , as well forreign as domestick Sect. 1 , &c. Another touching forreign and domestick Merchandizing . Sect. 49 , &c. Another , between two Sale men , as to matters in England only Sect. 67 , &c. Another , between two Brewers . Sect. 93 , &c. Another , between a Pewterer and another Person , who puts in the whole stock , and the Pewterer manageth the Trade . Sect. 110 , &c. IV. Chap. Containing several Forms of Instruments used between Merchants and Traders , at and after the dissolution of Co-Partner-ship . An Indenture containing several Covenants upon separation of Co Partner-ship . Sect. 1 , &c. Another Form , where one assigns his Part to the other , Sect. 10 , &c. Another being a Partition of Debts between a Co-Partner , and the Executor of the other . Sect. 18 , &c. Another , being a Partition of Debts and Goods after the Dissolution of Co Partner-Ship . Sect. 29 , &c. The Form of a Condition of a Bond upon separation of Co Partner-Ship . Sect. 42 , &c. Another like Form , for one to discharge the other of Debts due upon a private accompt . Sect. 48 , &c. V. Chap. Containing some Presidents , relating to other matters between Traders . Articles of agreement amongst Creditors for levying of Debts , Sect. 7. Articles of agreement for erecting a New-building in London , according to the Act of Parliament for re-building of London . Sect. 19 , &c.

THE Several FORMS OF INSTRUMENTS Relating to the Affairs of MERCHANTS , &c.

CAP. I. Containing the several Forms of Charter-Parties .

A Charter-Partie where the Ship is to apply to several Ports to discharge and relade .

1. THIS Charter-Partie Indented made the , &c. Between A. B. Master of the good Ship called the Flower de-Luce of London , of the burthen of 200 Tuns , or thereabouts , now riding at Ancor in the River of Thames , near London , on the one Part : And C. D. of London Merchant on the other Part : Witnesseth , That the said A. B. hath granted and letten the said Ship to freight , and the said C. D. hath hired The Grant to freight of the Ship . the said Ship for a voyage , by Gods assistance , to be made with her as hereafter is expressed .

( 2. ) That is to say , the said A. B. for himself , his Executors and Administrators , doth Covenant , grant and agree to and with the said C D. his Executors and Administrators , by these presents , that the said Ship , with the first good Wind and Weather that God shall send , next after the 20th . When the Ship shall begin her Voyage . day of , &c. next ensuing the date above written , shall set sail and depart from and out of the River of Thames aforesaid unto her said intended Voyage , and before her said departure shall receive and take into her , all such Goods and Merchandizes , which she may conveniently and safely stow Her lading . and cartie in her ( over and above her victual tackle and apparel ) as the said C. D. his Factors or Assigns shall think fit to lade into her : And by Gods assistance as Wind and Weather shall serve ( the perils and dangers of the Sea excepted ) shall directly sail to and apply unto Nantz in Britanie , The first Port to be applied to . and there discharge and unlade the ●●d goods and merchandizes our of her , and there also to receive , relade , and take in unto and aboard her all such other Goods and Merchandizes ( as she may conveniently stow and carry as aforesaid ) and as the said C. D. his Factors or Assignes shall appoint , and th●n 〈◊〉 to lade into her .

( 3. ) And then the said Ship , with the first good Wind and Weather , that God shall send ( the The second P●●t applied to . dangers and hazards of the Sea excepted ) shall directly sail and apply to the Island of St. Michaels within the Dominions of the King of Portugal , and shall there unlade and make a discharge of the said ●oods , and relade again , according to the direction and appointment of the said C D. his Factors , or Assigns , and with such goods , wates , and merchandizes , as the said C. D. his Factors or Assigns , shall think fit to lade into her , not exceeding the proportion , that the said Ship can safely stow and carrie , as aforesaid : And then the said Ship with the first good Wind and Weather , that God shall send ( the perils and dangers of the Sea excepted ) shall directly sail and apple The third Port applied to . unto the Island of Terceras and Fyall within the Dominions of , &c. and there unlade and make discharge of the said Goods and Merchandizes : And shall there relade and take into and aboard her again all such Goods and Merchandizes as are there usually laden , according to the Order and Direction of the said C. D. his Factors or Assigns , and which the said C. D. his Factors or Assigns shall think fit to relade or cause to be reladen aboard the said Ship , and which she may conveniently stow , and carrie in her as aforesaid over and above her victual tackel and appatel .

( 4. ) And then the said Ship so being laden The fourth Port applied to . at the Island of Terceras and Fyal , as aforesaid , as Wind and Weather shall serve , and the perils and dangers of the Sea excepted , shall with her said burden sail , teturn and come back to the Island of St. Michael aforesaid , and there unlade , and make a discharge of the said Goods and Merchandizes , and receive into and aboard her there such other Goods and Merchandizes , as the said Merchant his Factors or Assigns shall think fit , and please to lade into and aboard her , and are there accustomed to be laden , and which the said Ship can safely stow , and carry as aforesaid .

( 5. ) And then the said Ship , with the first The Ships return . good Wind and Weather , that God shall afterwards send ( the perils and dangers of the Sea excepted ) shall directly sail and apply to Dartmouth , Plimouth or the Isle of Wight , And the said Ship being arrived at one of the said places , Notice to be given of Ships arrival . he the said A. B. or such Person as shall be Master of the said Ship for the Time being , shall from thence send express notice in Writing , to be given or left to or for the said C. D. his Executors , Factors , or Assigns , at or in the now dwelling house of the said C. D. scituate in D. near Aldgate London : That the said Ship and Goods are safely arrived at one of the said last mentioned places , and at such place of arrival , the said Ship shall stay and abide the space of ten dayes for Answer and Direction , to be returned and given by him Notice of the next application to be made . the said C. D. his Executors , Administrators , Factors or Assigns , for the sayling and applying of the said Ship unto Haverdegrace in France , or Amsterdam in Holland , or to the Port of the City of London , the charge of sending a Messenger , to give such intelligence as aforesaid , to be satisfied and payed by the said C. D. his Executors , Administrators or Assigns .

(6) And according to such Answer and appointment shall , with the first good Wind and The Ships discharge . Weather that God shall sen● , the perils and dangers of the Sea excepted , directly sail and apply either to Haverdegrace , or Amsterdam , or the Port of London , which of the said places the said Ship shall be so ordered or appointed to sail and apply unto : And within ten dayes after the arrival of the said Ship , at the same Place so to be appointed , the said Ship shall make her right discharge of the said Merchants goods , and Merchandizes , and there to end and finish her said intended Voyage ( the petils and dangers of the Sea excepted . )

( 7. ) And it is further agreed by and between the said Parties to these presents , that the said How long the Ship to stay at each Port. Ship shall tarrie and abide at Nantz the Island of St. Michael , and Tercera● and Fyal before mentioned , for her several discharges and relading at the said several Places as aforesaid the space of sixty Dayes in the whole , That is to say , at Nantz twenty Dayes , at the said Island of St. Michael , twenty Dayes , and at Terceras and Fyal aforesaid twenty Dayes . Within which several times before limited and expressed , the said C. D. for himself , his Executors and Administrators , doth covenant and grant to and with the said A. B. his Covenant to discharge , and relatie within the times limited . Executors and Administrators , by these presents , to discharge and relade the said Ship in manner and form aforesaid at the se●eral Places and Ports , of Nantz , St. Michael , and Terceras and Fyal before 〈◊〉 .

( 8. ) And within the said space of ten Dayes before limited after notice of the 〈◊〉 of the said Ship , as aforesaid , a● Darrmouth , Plimouth , or the 〈◊〉 of Wight , shall give order and direction to the said A. B. or the master of the said Ship , for the time being , whether the said Ship shall sail to 〈◊〉 , Amsterdam , or to the Port of the City of London , to make her right discharge , and To unlade the Ship by a Tun at her last discharge . shall at such Place , to be appointed , discharge or 〈◊〉 to be discharged and unladen the said Goods and Merchandizes of the 〈◊〉 Ship , within twelve Dayes after the Arrival of the said Ship , at such appointed Place of discharge as aforesaid .

( 9. ) And that the said C. D. his Executors , 〈◊〉 , Factors or Assigns , shall 〈◊〉 will well and 〈◊〉 pay , or cause to 〈◊〉 payed unto the said A. B. his Executors , Administrators or Assigns , How much to be paid for the freight . freight for the said Ship , after the Rate of four pound the Tun , of lawful Money of England , for every Tun of Goods and Merchandizes , that shall be unladen of and from the said Ship , at the several Ports and Places before mentioned , accompring three Chests of Sugar to the Tun , &c. ( and so put down the several proportions that is reputed a Tun at the several Places ) and then add : and for other Goods and Merchandizes according to the usual Custom .

( 10. ) And that all such sum and si●ks of Money , When and how paid . that shall arise and grow due and payable for the freight and hire of the said Ship , as aforesaid , shall be satisfied and payed unto the said A. B. his Executors , Administrators or Assigns within six Dayes next after the discharge of the said Ship at Haverdegrace or Amsterdam aforesaid , which of them shall be appointed as aforesaid for the said Ship to make her discharge at , and the same Moneys also to be payed according to the Course of the Exchange at such Place to be appointed as aforesaid .

( 11. ) And it is agreed by and between the said Parties to these presents , that in case the said C. What to be paid for freight , if the Ship do not fully lade . D. shall not fully lade the said ship at the Ports , and places aforesaid , appointed for the Lading thereof or any of them ; yet nevertheless , the said C. D. his Executors , Administrators , or Assigns shall well and truly pay , or cause to be payed unto the said A. B. his Executors , Administrators or Assigns , at and after the Rate of four pound the Tun , for so many Tuns , as the said ship can or may conveniently stow and carry , in manner and form aforesaid together with average accustomed .

( 12. ) And it is agreed by and between the said Parties to these presents , That all Port-charges , Port-charges . that shall arise and grow due to be payed , for and in respect of the said Ship , in the said intended Voyage shall be satisfied and payed in manner and form following ( viz. ) ⅔ Parts thereof by the said C. D. his Factors , or Assigns , and ⅓ Part thereof by the said A. B. his Executors or Assigns .

( 13. ) And it is agreed by and between the said Parties to these presents ( notwithstanding To stay over and above the Days limited at each Port. any matter or thing herein before conteined ) that in case necessity shall require , it shall and may be lawful to and for the said C. D. his Factors or Assigns , or any of them , to keep the said Ship at Demorage at the several places and Ports aforesaid , of Nantz , St. Michael , Terceras and Fyal , the space and time of thirty Dayes , and no more , after the end and exspiration of the said sixty Dayes , before limited , for the said ship to stay at the said places and Ports : That is to say , viz. Ten Dayes at Nantz , ten Dayes at St. Michael , and ten Dayes at Terceras and Fyal before mentioned , for every Day of which Demorage over and above the said sixty Dayes : the said C. D. his Factors and Assigns shall well and truly pay , or cause to be payed unto the said A. B. his Executors , Administrators , or Assigns the sum of three pound How much to pay per Diem . of lawful Moneys of England , and the said Moneys , that shall arise and grow due for demorage as aforesaid , shall be paied , &c. ( here set down the Day when . )

( 14. ) And it is moreover agreed by and between The Master to have money paid him in the voyage , &c. the said Parties to these presents , that the said C. D. his Factors , or Assigns shall well and truly pay , or cause to be payed , unto the said A. B. his Executors , or Assigns , or such as shall be Master of the said ship for the time being , all such sum and sums of Money , as he or they shall have occasion for at the Island of St. Michael , and at Terceras and Fyal aforesaid , so that all the said sum and sums of Money , so to be payed , as aforesaid , exceed not in the whole the sum of , &c. Which said sum and sums of Money so to be payed , are to be deducted upon the payment made for the freight of the said Ship in manner and form aforesaid .

( 15. ) And it is agreed by and between the said Not to lade any goods except the Merchants . Parties to these presents , that the said Master his Factors or Assigns , shall not lade or cause to be laden any Goods or Merchandises aboard the said Ship , for any other Merchant and Person whatsoever , except the said C. D. save only the quantity or proportion of five Tuns , which the said Master or his company may lade for their own use at the time of Lading the said ship , at the several Ports aforesaid , without allowance for the same , That the Ship is strong and well apparelled , &c. and 20 men and a boy therein . if occasion shall require .

( 16. ) And the said A. B. for himself , his Executors and Administrators doth covenant and grant to and with the said C. D. his Executors Administrators , and Assigns by these presents : That the said Ship at the time of her departure from and out of the said Riuer of Thames upon her said intended Voyage , shall be strong and sufficiently victualled , tackelled , furnished and apparelled with masts , sails , anchors , cables , ropes , cords , boat and Dars , twelve pieces of Ordinance , guns , gun-powder , shot , tackle , apparel , ammunition and furniture , meet and needful for the said Ship and Voyage , together with a Master , and twenty men and one boy , which men and boy or so many of them The men and boy to attend the Merchant , &c. as shall be needful , shall be readie at all due and convenient times with the said Ship-Boat , to serve the said Master , his factors , or assigns , to and from the land , during the said Voyage and to discharge and relade the said Ship as occasion shall serve .

( 17. ) And to the performance of all and singular the Covenants , Grants . Articles , agreements The Parties mutually bind themselves in a penalty to perform the Covenants . and other things herein before conteyned by and on the part and behalf of the said A. B. his executors , or administrators to be done and performed as aforesaid , the said A. B. binds himself , his erecutors , and administrators , and especially the said ship with her tackle , apparel and furniture , unto the said C. D. his executors , administrators and assigns in the penal sum of One thousand pound of lawful Moneys of England , by these presents to be well and truly payed unto the said C. D. his executors , administrators or assigns , upon the Non-performance , or Non-observance of any of the said Covenants and agreements , on his part to be done and performed according to the intent and true meaning of these presents .

The like for the other Partie , who is to bind himself , his Executors and Administrators , and his Goods and Chattels in the like penalty of One thousand pound to performe , &c.

In Witness , &c.

Another , where the Ship is to take in her first Lading at several Ports .

( 18. ) THis Charter-Partie Indented of Affreightment made the , &c. Between A. B. Citizen and Alderman of London , and E. F. Citizen and Draper of London , Owners of the good Ship called the P. of London , of the burthen of 140 Tuns , or there abouts , riding at this present on the River of Thames , within the Port of London ( whereof is Master under God for this Voyage T. W. ) on the one Part , and C. D. The grant to freight and hire of the Ship . of London Merchant , on the other Part : Witnesseth , That the said A. B. and E. F. have granted and letten the said Ship to freight to the said C. D. and the said C. D. hath hired the said Ship for a Voyage to be made by Gods Grace in manner and form following : That is to say ,

( 19. ) The said A B. and E. F. for them , and either To stay so long in the Toames before Lading . of them , their and either of their executors and administrators do covenant and grant by these presents to and with the said C. D. his executors and administrators , and either of them in manner and form following , that is to say , That the said Ship shall ride and ●arry within the River of Thames , in the Port aforesaid , until the tenth day of , &c. next ensuing the Date hereof , and shall receive into her all such goods ; wares , and Merchandizes , which it shall please the said C. D. his factors or assigns , there to charge and To receive in Lading . lade into and aboard her before the said tenth Day of , &c. and not to receive into the said Ship before her departure any of the goods or merchandizes of any other person or persons whatsoever ( except the said C. D. ) without the special consent and agreement of the said C. D. his Factors or Assigns , first thereunto had and obtained : except three Dacks of Merchandizes freight-fee of the said E. F.

( 20. ) That the said Ship with the first good Wind and Weather , that God shall send next after The second place where the Ship is to receive more lading . the said tenth day of , &c. shall depart and sail from the Port of the said City of London with the said received Goods of the said C. D. ( the perils and dangers of the Sea excepted ) unto Gore-End within the Realm of England , where she shall tarry and abide the space of twelve dayes next ensuing her first arrival there , at an anchor , there to receive into her freight Fee as much Corn as she can safely stow and carry , over and besides her Victual , Tackle , Apparel and Furniture , and over and besides the said Goods by her received at London , as aforesaid .

( 21. ) And moreover that the said Ship with The place applied to for discharge and reladeing . the first good Wind and Weather , that God shall send , next after the end and exspiration of the said twelve dayes shall directly sail ( the dangers and perils of the Sea excepted ) from Gore-End aforesaid unto L. within the Realm of P. as near to the said Town , as she may safely arrive , to make her right discharge , where the said ship shall tarrie by the space of forty dayes next ensuing her first arrival there at an anchor , as well to discharge Time given to discharge and relade . the said Goods received into her within the said Port of London , and at Gore-End , as aforesaid ; as also to relade and recharge into her the said ship 140 Tuns in the whole of such goods , wares , and merchandizes , as it shall please the said Merchant his factors or assigns there within the said forty Dayes to lade in and aboard the said ship before her departure , and not there to receive any other goods of any other person or persons whatsoever , except what shall be laded as aforesaid , accompting so much to every Tun : and here se● down how much of each particular shall be accompted to the Tun : if it may be .

( 22. ) Nevertheless it is agreed by and between the said Parties to these presents : And the said A. B. and E. F. for them , and either of them , their and either of their executors and administrators , do covenant and grant to and with the said C. D his More dayes given to lade in , if the other suffice not Executors and Assigns , by these presents : That if the said C. D. his factors or assigns cannot within the said forty Dayes lade the said ship at L. as aforesaid , that then the said ship shall there tarrie and abide the space of ten Dayes , next after the End and Expiration of the said forty Dayes .

( 22. ) And that the said ship being as is before mentioned , laden at L. aforesaid , shall with The discharge of the Ship . the first good Wind and Weather , that God shall send , next af●er the Expiration of the said abiding Dayes , or so soon as she shall be laden , directly sail from thence ( the dangers and perils of the Sea excepted ) and apply to A. or London , or such of the said places , where it shall please the said Merchant his Factors or Assigns , that the said ship shall make her discharge .

( 23. ) And the said C. D for himself his Executors , To charge and discharge the Ship within Time limited . Administrators , Factors and Assigns , and for every of them , doth Covenant and Grant by these presents to and with the said A. B. and E. F. and either of them , their and either of their Executors , Administrators and Assigns , that he the said C. D. his Executors , or Assigns , shall and will within the said Ports of London , and Gore-End charge and lade the said Ship , within the Times before limited and appointed for the same , and shall and will discharge and relade the said Ship at L. aforesaid , within the Kingdom of P. within the Times before limited and appointed for the same : And shall and will discharge and unlade the said Ship at London , or A. aforesaid , within the Time and Space of , &c. Dayes .

( 24. ) And also that he the said Merchant , his To give notic● where to discharge . Factors , or Assigns shall and will within the said abiding Dayes , at L. aforesaid , and so soon as the said Ship shall be there as is aforesaid laden , give notice unto the said Master , or his Assigns , where the said Ship shall make her right Discharge , that is to say , whether at A. or at London aforesaid .

( 25. ) And that the said C. D. his Factors or Assigns shall well and truly pay , or cause to be Payment for freight of the Ship . payed unto the said A. B and E. F. or one of them , their or one of their Executors or Assigns for every Tun of the said Ships lading , that shall be discharged at L. aforesaid , the sum of , &c of lawful Moneys of England , and for every Tun that shall be discharged or unladen out of the said Ship at A. or London aforesaid , the sum of , &c. of like Moneys : which said Moneys shall be payed in manner and form following : That is to say , The one Moiety thereof within ten Dayes next after the said Discharge of the said Ship at A. or London as aforesaid : And the remaining Moiety thereof within one Month next after the End and Exspiration of the said ten Dayes , together with Petie-loadmenage , Primage , and Average , wont and accustomed .

( 26. ) And that the said C. D. his Factors or Payment for demorage . Assigns , shall and will for every Day , that the said Ship shall tarry and abide at L. aforesaid , over and above the said forty Dayes , truly pay or cause to be payed to the said A. B. and E. F. or one of them , their or one of their Executors , Administrators or Assigns , the sum of , &c. of lawful Moneys of England , at the Day and Time , when the last Moneys payable for the freight of the said ship is to be payd by the true intent and meaning of these presents .

( 27. ) And the said A. B. and E. F. do covenant That the Ship shall be able to receive into her 140 Tun and be well furnished , &c. grant and warrant by these presents , to and with the said Merchant , that the said Ship shall be able to receive into her under-Hatches at L. aforesaid , over and besides her Victual , Tackle and Apparel , the said quantity of 140 Tuns , and that the said Ship is and shall be strong and stanch , and well and sufficiently victualled , tackelled , apparelled and furnished , with Masts , Sails , Sail-yards , Anchors , Cables , Ropes , Cordes , Gun-shot , Gun-powder , Artillerie , Tackle , Apparel , Boat and Furniture , meet and convenient for such a Ship , and for such a Voyage , together with an able Master , twenty six able men and a boy , which men and boy ( or so many of them as shall be useful ) shall be ready at all times convenient , during the said Voyage , with the cock , or boat of the said Ship , to serve the said Master , his Factors or Assigns to and from the Land .

Here add their mutual obligation to perform the Covenants : vide Devant . pla. Sect. 17.

Another , where the Ship is let for twelve Months , and the hire to be at a certain Sum by the Month.

( 28. ) IN the Name of God , Amen : This Part-owners . Charter-Partie Indented of Affreightment , made the , &c. Between A. B. and E. F. of , &c. Part-Owners of the good Ship called the D. of London , of the burthen of 200 Tuns or thereabouts , now riding at Anchor , in the River of Thames , within the Port of the City of London , of which ship the said E. F. is Master under God , on the one Part , and C. D. of London Merchant on the other Part.

( 29. ) Witness that the said A. B. and E. F. have The ship let to freight by the Month. granted and letten to freight , and by these presents , do grant and let unto freight the said Ship unto the said C. D. by the Month , for and during the space of twelve Months to begin , and to be accompted from the departure of the said Ship from Graves-End , outward bound upon her present intended Voyage , at and for the Rate and Price of , &c. of lawful Moneys of England by the Month , and for such and so long time after the Expiration of the said twelve Months ( not exceeding six Months more ) as it shall please the said C. D. his Factors or Assigns , to keep the said Ship in his service and ●●ployment , at and for the Rate of the like sum of , &c. per Month , and so and after the same Rate and Price for a lesser Time than a Month , accompting the Months as they shall fall out in the Kalendar : And that the said Master hath accordingly hired and taken the said Ship by the Month , after the Rate and Price aforesaid , for a Voyage by Gods Assistance to be made with her , as is hereafter mentioned .

( 30. ) That is to say● the said A. B and E. F. for The ship to be ready to begin the Voyage by a time certain . themselves , their Executors , and Administrators do joyntly and severally covenant and agree to and with the said C. D. his Executors , Administrators and Assigns , by these presents , that the said Ship upon or before the twentieth Day of , &c. next ensuing the Date hereof ( Wind and Weather permitting ) shall be ready to set sail and depart , from Graves-End aforesaid , upon her said intended Voyage , and as Wind and Weather shall permit ( the perils and dangers of the Sea excepted ) shall directly sail and apply unto the Streights of G. where the said Ship may safely arrive , and lawfully trade , not exceeding the Latitude The Voyage . of thirty Degrees , and further to the South , as the said Merchant his Factors or Assigns shall direct and appoint : and that the said Ship ( the perils and dangers of the Sea excepted ) shall end her said Voyage in the Port of London .

( 31. ) And further that the said Ship before To take in the Merchants goods . her departure from hence , and during the time that she shall be in the said service and imployment of the said C. D. his Factors , or Assigns , by vertue hereof shall lade , receive and take into her , and also discharge and unlade out of her , all such Goods , Merchandizes and Lading , which she may conveniently stow and carry in her , over and above her Victual , Tackle and Apparel , as the said Merchant , his Factors or Assigns shall think to lade into and aboard her , and to discharge and unlade out of her .

( 31. ) And the said C. D. for himself , his Executors That the Ship shall finish her Voyage in eighteen Months . and Administrators , doth covenant and grant , to and with the said A. B. and E. F. and either of them , their and either of their Executors , Administrators and Assigns by these presents , That he the said Merchant his Factors or Assigns , shall and will permit and suffer the said Ship with her Ordinance , Tackle and Apparel , to be safely returned into the River of Thames , from the said Voyage , and to be there discharged from and out of her said intended imployment at the Expiration of eighteen Months ( at the farthest ) to be accompted from the Time of the said Ships entrance into Monthly Pay , as aforesaid ( the perils and dangers of the Sea , and necessary Use and Wearing of her Tackle , Apparel and Furniture in the mean Time only excepted . )

( 32. ) And further that the said C. D. his Executors , The payment of the freight . Administrators and Assigns , shall and will well and truly pay , or cause to be payed unto the said A. B. and E. F. or one of them , their or one of their Executors , Administrators or Assigns , in London , freight for the said Ship , for the said intended Voyage , at and after the aforesaid Rate of , &c. of lawful Moneys of England , Monthly ( to be accompted as aforesaid by the Kalender ) for every Month , that the said ship shall remain and be in the service and imployment of the said Merchant , his Factors or Assigns by vertue of these presents , and after the same Rate for a shorter Time then a Month : That is to say , from the Time of the said ships Entrance into her monthly Pay , as aforesaid , until she shall return into the said River of Thames from her said intended Voyage , and be there discharged from and out of her said imployment .

( 33. ) And that all the Moneys , which at and after the Rate aforesaid shall arise and grow due The manner of payment for the freight and hire of the Ship . to be payed for the freight of the said ship for her said intended Voyage shall be well and truly payed to the said A. B. and E. F. or one of them , their or one of their Executors , Administrators or Assigns in London , in manner and form following , that is to say , the one ½ or Moyety thereof , within ten Dayes , next after the return and discharge of the said ship , in the said River of Thame● , and the other Moyety or half Part thereof within three Months , next following from and after the Determination and Expiration of the said ten Dayes : together with Average , Primage , and Pettie-loadmenage accustomed .

( 34. ) Nevertheless it is concluded and fully Other Provision touching the payment . agreed upon , by and between the said Parties to these presents : That in case the said Ship shall be out upon her said intended Voyage the space or time of six Months , to be accomp●ed by the Kallendar , as aforesaid : And at the end of the said six Months , shall be well and in safety in the service of the said C. D. his Factors or Assigns : That then the said Merchant , his Factors or Assigns , shall within three Months next after the Expiration of the said six Months ( true and certain Notice or Certificate of such the well being of the said Ship , at the end of the said six Months being in the mean time given or let to and for the said C. D. his Executors or Assigns at his now dwelling house in , &c. ) well and truly pay or cause to be payed unto the said A. B. and E. F. or one of them , their or one of their Executors , Administrators or Assigns , so much for freight as at and after the Rate aforesaid , shall be due for the said ship for six Months service : And further that if the said Ship shall be out upon the said Voyage , the space or time of twelve Months to be accompted as aforesaid , and at the end of the said twelve Months , shall be well and in safety in the service of the said Merchant , his Factors or Assigns : That then the said C. D. his Executors , Administrators or Assigns shall within two Months , next after the end and exspiration of the said twelve Months ( true and certain notice and certificate of such the well being of the said Ship , at the end of the said twelve Months , being in the mean time given or left in manner and form aforesaid , to and for the said C. D. his Executors , Administrators or Assigns ) well and truly pay or cause to be payed unto the said A. B. and E. F. or one of them , their or one of their Executors , Administrators or Assigns , in London over and above the said first six Months freight , so much for freight as at and after the Rate aforesaid , shall be due for six Months more .

( 35. ) And it is further agreed by and between What Payment in case the Ship return within twelve Months . the said Parties to these presents , That in case the said Ship shall be returned within the River of Thames from the said Voyage , and be there discharged of and out of her said intended imployment , before the Expiration of twelve Months to be accompted , as aforesaid , yet nevertheless the said C. D. his Executors , Administrators or Assigns , shall pay and allow unto the said A. B. and E. F. or one of them , their or one of their Executors , Administrators or Assigns for the said Ship after the Rate aforesaid , for the full time of twelve Months to be accompted , as aforesaid , any thing herein before conteyned to the contrary thereof in any wise notwithstanding .

( 36. ) And the said C. D. for himself his Executors , Allowance to the Master during the Voyage . and Administrators , d●th covenant and grant to and with the said A. B. and E. F. and either of them , their and either of their Executors and Administrators , by these presents , That he the said C. D. his Executors , or Administrators , shall furnish and deliver during the said Voyage unto the Master of the said Ship , for the time being , all such Moneys , as he shall have occasion to use for buying of Provision , and other necessaries and for payment of mens Wages not in the whole exceeding the sum of , &c. sterling : which said Money shall be deducted and allowed from time to time out of the freight or hire for the said Ship , that shall respectively grow or become due for the said Ship by vertue of these presents .

( 37. ) And the said A. B. and E. F. for them , their That the ship shall be strong and well furnished . Executors , and Administrators , do joyntly and severally covenant and grant to and with the said C. D. his Executors , Administrators and Assigns by these presents : That the said Ship at the time of her departure from Graves-End aforesaid , shall be strong and stanch and well and sufficiently victualled , tackelled , furnished and apparelled , with Masts , Sails , Sail-yards , Anchors , Cables , Ropes , Boat , Boat-oars , 25 Pieces of Ordinance , Guns , Gun-powder , Shot , Tackle , Apparel and Furniture , meet and needful for the said Ship and Voyage , together with a Master , One Hundred and forty Men and a Boy , which Men Men and Boy to assist the Merchannt . and Boy , or so many of them as shall be requisite , shall be ready at all Time and Times , with the Boat of the said Ship to serve and carry the said Merchant , his Factors and Assigns , and Goods and Merchandizes of the said Masser , according to Custom to and from the Land , during the said Voyage .

( 38. ) And it is further agreed , by and between Port-charges how born . the said Parties to these presents , That all such Port-charges , as shall arise and grow due to be payed during the said Voyage , and all such Steringree , as during the said Voyage shall be used in and about the said Ship , shall be payed , born and susteined in manner and form following : That is to say , the one Moiety or half Part thereof by the said Merchant , his Executors , Administrators or Assigns , and the other half Part thereof by the said Part-owners , their Executors and Assigns .

Both to bind themselves to perform the Covenants on each Part to be performed . Vid. Sect. 17.

Another between Part-owners of a Ship , whereby the Sharers of one Moyety , letteth to freight their Part to the Sharers of the other Moyety .

( 39. ) THis Charter-Partie Indented of affreighiment made the , &c. Between A B. and C. D. of London Merchants , Part-owners : That is to say , Owners of the one Moyety , or half Part of a good Ship called the R. of London , of the burthen of 300 Tuns , with the like Moyety of all the Masts , Sails , Tackle , Apparel , Furniture , Ordinance and Appurtenances thereunto belonging , now riding at Anchor , in the River of Thames , within the Port of London , whereof the said C. D. is Master under God , of the one Part : And E. F. and G. H. of London Merchants , Owners of the other Moyety and Residue of the said Ship , with the Masts , Sails , Tackle , Ordinance , Furniture and Apparel thereunto belonging , on the other Part.

( 40. ) Witnesseth that the said A. B. and C. D. The ●erting to freight the Ship . have granted and letten to freight , and by these presents do grant , and let to freight , All that their said Part and Moyety of the said Ship , and Premises , unto the said E. F. and G. H. for a Voyage with her to be made , by Gods Grace , in manner and form following .

( 41. ) That is to say , That the said A. B. and The first Voyage to unlade Part. C. D. for them , their Executors , Administrators , and Assigns , do hereby covenant and grant , to and with the said E. F. and G. H. for them , and either of them , their and either of their Executors and Administrators , by these presents : That the said Ship being already laden , shall , with the first good Wind and Weather that God shall send next after the Date hereof , by Gods grace ( the perils and dangers of the Sea excepted ) directly sayl from the said River of Thames , and apply unto the Port of Ligorn in Italy , under the Dominion of the Duke of Florence , and there shall discharge such Goods and Merchandises , as shall be appointed there to be unladen by the said E. F. and G. H. or one of them , their or one of their Factors or Assigns , And from thence shall sail and take her direct course , as Wind and Weather shall serve with as much speed as may be ( the perils and The second place of application , to unlade and relade . dangers of the Sen excepted ) unto the Island of 1. in Grecia , under the Government of the Seigniorie of Venice , and there shall stay and abide , by the space of forty Working Dayes , next after her first Arrival there , to unlade such Goods and Merchandizes , as is or shall be there appointed as aforesaid to be unladen , and within the said time , shall relade such Goods , Wares , and Merchandizes as the said E. F. and G. H. or either of them , their or either of their Factors or Assigns , shall think fit to charge and relade , aboard and into the said Ship , that is to say , so much as the said ship , can conveniently slow and carry , over and above her Victual , Tackle , Ammunition , Apparel and Furniture .

( 42. ) And that the said Ship with her said Her return , for her last discharge . burthen , shall with the first Good Wind and Weather , that God shall send after the Exspiration of the said forty Dayes ( the perils and dangers of the Sea excepted ) sayl and come from the said Island of 1. unto the City of London , or as near thereunto , as she conveniently may , for her right discharge .

( 43. ) And the said E. F. and G. H. for themselves , Payment for the freight and ●ire . and either of them , their and either of their Executors and Administrators do covenant , and grant to and with the said A. B. and C. D. and either of them , their and either of their Executors , Administrators and Assigns , by these presents : That they the said E. F. and G. H or one of them , their or one of their Executors , Administrators or Assigns shall and will truly pay , or cause to be payed to the said A. B. and C. D. or one of them , their or one of their Executors or Administrators , within the City of London , for every Tun of such Wares and Merchandizes as shall be laden and unladen in the said Ship , during the said Voyage , the sum of , &c. [ accompting so much to the Tun , &c. ] for the Part and Interest of the said A. B. and C. D. in the said Ship , and for and in respect of the freight and hire of their Part of the said Ship ; which said Money is to be payed in manner and form following : That is to say , one third Part thereof upon the right discharge of the said Ship ; and one other third Part thereof within the space of six Weeks , then next following and the other remaining third Part thereof within the space of three Months next ensuing after the end and determination of the said six Weeks .

( 44. ) And the said A. B. and C. D. for them , and That the Ship shall be strong and well furnished . either of them , their and either of their Executors and Administrators , do covenant and grant to and with the said E. F. and G. H. their Executors and Administrators by these presents ; That the said Ship for their Part shall be strong and stanch and well and sufficiently tackelled and apparelled with sayls , sayl-yards , anchors , cables , ropes , Gun-shot , Artillerie , Gun-powder , and all other Instruments , Tackle and Apparel , needful and necessary for such a Ship , and for such a Voyage , together with an able Master , fifty six Men and a Boy , and a Cock-boat ; which Men and Boy shall be alwaies ready at all due times with the said Cock-boat of the said Ship to serve the said E. F. and G. H. or one of them , their or one of their Factors or Assigns , to and from the land during the said Voyage , and to discharge and relade Mutual Obligations to perform Covenants . the said Ship as occasion shall serve .

( 45. ) And to the Performance of all and every Covenants , Grants , Articles and Agreements on the Parts and behalfs of every of the said Parties , truly to be holden , performed and kept in all things as is aforesaid , the said Parties to these presents do bind themselves one to another : That is to say , the said A. B. and C. D. do by these presents bind themselves , and either of them , and their several Executors and Administrators , and goods , and their Part and Interest in the said Ship , with the Furniture thereof to the said E. F. and G. H. and to their Executors and Administrators . And the said E. F. and G. H. do in like manner bind themselves , and either of them , their and either of their Executors , Administrators and Assigns , and all their Goods , and their Interest in the said Ship to the said A. B. and C. D. their Executors and Administrators in the sum or penalty of One thousand Pound of lawful Moneys of England , by the Party or Partys infringing the said Covenants , or any of them , to the other Party or Parties observing truly to be payed by vertue of these presents .

In witness

Another between the Owners of a Ship , and a Merchant , for the Lading thereof with Salt , and discharging the same in Ireland .

( 45. ) THis Charter-Partie Indented made the , &c. Between A. B. and C. D. of London , Grossers , Owners of the good Ship called the D. of London , of the burthen of eighty Tuns , or thereabouts , whereof is Master for the present Voyage I. N. on the one Part : And E. F. of Dublin in Ireland Merchant , on the other Part : Witnesseth , that it is covenanted , concluded , and agreed , by and between the said Parties , in manner and form following .

( 47. ) That is to say , the said A. B. and C. D. The voyage to lade the ship . for them , their Administrators and Assigns , and for every of them , do covenant and grant to and with the said E. F. his Executors , Administrators and Assigns , and either of them , by these presents , That the said Ship within the space of eight Dayes now next ensuing , or so soon after as Wind and Weather will permit , shall at the charge and aduenture of the said Owners , depart from and out of the Port of London aforesaid , where she now rideth at Anchor , and from thence shall keep direct course , and shall fail , as Wind and Weather will permit [ the perils and dangers of the Sea excepted ] towards some of the Bayes for Salt within the Kingdoms or Territories of France , Spain or Portugal . And that the said A. B. and C. D. their Factors or Agents , at their or some of their costs and charges shall there with all convenient expedition , fully freight and lade , or cause to be laden the said Ship , with good and merchandable Salt .

( 47. ) And shall then immediately , as Wind To sail with the Ships lading to Dublin . and Weather shall serve , at their like Adventure and Hazard , as aforesaid , depart from the said place of Lading with the said Ship , and her burthen , towards the Port of Dublin in Ireland , and that for the attaining to the said Port of Dublin , the said Master and his Marriners , with all good Endeavour , according to their Knowledge and Vnderstanding , shall set and apply their course without any fraud or covin .

( 48. ) And that , so soon as the said Ship To give notice of her arrival . shall have finished her said appointed Voyage , and shall arrive in safety with her said Lading in the Port of Dublin aforesaid , that then in the said Port the said Ship shall ride at Anchor , in the Common Place of Anchorage there called the Pool of Clumm-Turf , and that then within one Day next after the said arrival there the said Master or Owners , or one of them , or some of their Factors , Agents or Messengers shall signifie and give notice of the said Arrival of the said Ship , unto the said E. F. his Executors , Administrators , Factors or Assigns , at the now dwelling house of the said E. F. in Dublin aforesaid , and then and there shall be ready to deliver all the Salt laden into the said Ship , which shall be seventy Tans at the least , after the Rate of four Burdeux Hogsheads to every Tun , in measuring to be once shaken , and then being full to be strucken To deliver the salt clear from former charges . off : And then and there the said Owners , Factors or Assigns shall , in form aforesaid , deliver the said Salt into the Port of Dublin aforesaid , to be brought in the said Ship unto the said E. F. his Factors or Assigns , of and from aboard the said Ship into their Loyter or Loyters to be brought and layd close aboard the said Ship , the said Salt , being cleared and freed of and from all and all manner of former charges of what kind or sort soever .

( 49. ) And the said E. F. for himself , his Executors , Administrators and Assigns doth covenant Payment for the salt . and grant to and with the said A. B. and C. D. their Executors , Administrators and Assigns , by these presents that upon notice given unto the said E. F. his Executors , Administrators , or Assigns , of the said Arrival of the said Ship in the said Port of Dublin , he the said E. F. his Executors , Administrators , Factors , or Assigns , shall and will be ready to take and receive her said Lading of Salt in manner and form aforesaid , with all reasonable and convenient expedition . And within ten Dayes after the receipt thereof , shall at the dwelling house of , &c. pay and content , or upon good and true accompt according to the intent and true meaning of these presents allow to the said Owners , their Factors or Assigns , the sum of ten shillings of lawful Moneys of England , for every Hogshead of the said Salt , to be delivered to the said E. F. his Executors , Factors or Assigns , as aforesaid .

( 50. ) And the said E. F. in Part of Payment Part of the hire before hand payed . for the said Salt hath at the ensealing and delivery of these presents , before hand contented and payed , unto the said Owners of the said Ship , One hundred pound of lawful Moneys of England , so to be reckoned , accompted and defalked at the time of the Delivery of the said Salt : Which said sum of One hundred Pound , they the said Owners do acknowledge , by these presents : That they have had and received accordingly , and thereof and of every Part thereof , do clearly acquit and discharge the said E. F. his Executors , Administrators , Factors and Assigns , and every of Covenant to repay if Ship miscarry . them by these presents . And do hereby Covenant and grant , to and with the said E. F. That in case the said Ship , or Goods should fortune to miscarry in the said Voyage , That then they will repay back again unto the said E. F. his Executors , Administrators or Assigns the said sum of One hundred Pound on , &c.

In witness .

CAP. II. Conteyning the several forms of Bills , of Credit , of Adventure , of Bottombrie ; Assurance of Goods ; and Letters of Licence and Composition from Creditors to Debtors .

A Bill of Credit .

( 1. ) THis Present Writing witnesseth : That A. B. binds himself to pay what C. D. shall intrust E. F. with . I A B. of London Alderman , do undertake to and with C. D. of the City of Y. Merchant , his Executors and Administrators : That if he deliver to E. F. of , &c. or to his Assigns , to his use , any sum or sums of Money , not exceeding in the whole the sum of Three hundred Pound of lawful Moneys of England : And shall take a Bill under the hand and seal of the said E. F. for the same , acknowledging , testifying and shewing the certainty thereof : That then I the said A. B. my Executors or Administrators , having the said Bill delivered to me or them , shall presently upon receipt of the said Bill pay or cause to be payed to the said C. D. his Executors or Assigns , all such sum or sums of Money ( not exceeding the said sum of Three hundred Pound ) as shall be conteined in the said Bill : to which payment well and truly to be made , I bind my self , mine Executors , and Administrators , firmly by these presents : In witness whereof I have hereunto set my hand and seal the Day of , &c.

A Bill of Adventure for a Bale of Cloath .

( 2. ) TO all , &c. I A. B. of London Merchant Recital of the consignment of the Cloath . do send greeting : Whereas I the said A. B. did about two Months since consign to C. D. Merchant in Ligorn in Italy three Bales of Suffolk Cloath of the Number 1. 2. 3. which Bales were all layed on board the Ship called the Royal Exchange of London of the barthen of Three hundred Tuns , or thereabouts ; whereof W. T. is Master under God , for the accompt of me the said A. B.

( 3. ) Now know ye , that I the said A. B. do Acknowledgment that the advent●re of Part belongs to E. F. hereby confess , acknowledg and declare , that one of the said Bales of Cloath , that is to say , that which is marked with the Figure 3. doth properly belong unto E. F. of , &c. the Adventure whereof , the said E. F. is to bear out and home .

( 4. ) And I the said A. B. do hereby for me , mine Executors , and Administrators , covenant and grant to and with the said E. F. his Executors , Administrators and Assigns , as well to make and give to him , them , or any of them , a true To make a true accompt of the proceed . and just Accompt of the Sale and Proceed of the said Bale of Cloath : number 3. but also to pay to him or them , all such Money , Goods and Benefit , as by the foot of any such Accompt , shall appear to be due and coming unto him , or them , for or in respect of the said Bale of Cloath .

In Witness , &c.

Another for Money in a Voyage to the East-Indies .

( 5. ) TO all , &c. I A. B. of London , &c. do The intended Voyage . send greeting : whereas I the said A. B. do intend by Gods Grace to make a Voyage unto the East-Indies in the good Ship called the Pearl of London , being now thither bound , whereof is Master under God C. D. And whereas E. F. of , &c. the day of the date hereof hath payed and delivered unto me the said A. B. the sum The Money adventured . of fifty pound of lawful Moneys of England , whereof I do hereby acknowledge the Receipt , the Adventure of which said fifty pound , the said E. F. is content and agreed to bear and stand to out and home .

( 6. ) Now know ye , that I the said A. B. do To imploy it ▪ to the best advantage . covenant and grant , for me , mine Executors , and Administrators to and with the said E. F. his Executors , Administrators and Assigns , by these presents , That I the said A. B. my Executors Administrators or Assigns , shall and will dispose , convert and imploy , the said fifty pound to and for the best and most benefit and advantage of the said E. F. his Executors , Administrators or Assigns , according to the best of my skill and knowledge in the said Voyage .

( 7. ) And also that I the said A. B. mine Executors , To make accompt and pay the profit of the adventure . Administrators or Assigns , within thirty Dayes , after my return from the said Voyage , or the Arrival and Discharge of the said Ship , within the Port of London , which shall first happen , shall not only give and deliver unto the said E. F. his Executors Administrators or Assigns , a just and true accompt of the Disposition , and Management of the said Adventure ; but also truly pay and deliver , or cause to be payed and delivered unto the said E. F. his Executors , Administrators or Assigns , all such Money and Proceed , as shall by the foot of the said accompt , appear to be due and coming to him the said A. B. his Executors , Administrators , or Assigns .

In witness , &c.

Another upon a Man of War .

( 8. ) TO all , &c. I A. B. Owner of a fourth Owner of a fourth Part. Part of the good Ship called the Mermaid of Pool of the burthen or Portage of One hundred Tuns or thereabouts , and also of a fourth Part of all the Tackle , Apparel , Ammunition , Furniture and Artillery to the said Ship belonging , and also of the one fourth Part of the Victual and Provision to and for her now provided That the Ship is outward bound for a man of War . and appertaining , do send greeting .

( 9. ) Whereas the said Ship called the Mermaid is now outward bound , for a Man of War , by way of Reprisal , under the conduct , command and guidance of W. B. Captain thereof . And whereas C. D. E. F. and G. H. of , &c. have payed and delivered unto me the said A. B. forty pound sterling , to be adventured upon gain and loss , upon the said fourth Part of the said Ship , Furniture The adventure . and Victual , in her next Voyage to Sea .

( 10. ) Now know ye , that I the said A. B. for That adventures shall have a due proportion . men , mine Executors and Administrators do covenant and grant , to and with the said C. D. E. F. and G. H. and every of them , their and every of their Executors , Administrators and Assigns , by these presents : That I the said A. B. mine Executors and Administrators , shall and will from Time to Time hereafter , not only come to a true and just accompt , with them the said C. D. E. F. and G. H. or one of them , their or one of their Executors or Administrators , for all such benefit , advantage , gain and increase , as shall from time to time be made , or come , of , for , or in respect of the said forty pound , so adventured , as aforesaid , but also , from time to time to satisfie and pay unto the said C. D. E. F. and G. H. their Executors or Assigns , or to one or more of them , in the behalf of the rest , such shares , parts , and proportions , as shall be made , or grown of and for the said Ship , Furniture and Victual , as also of all prizes by her to be taken , rateable and proportionable , according to the gradual rate of a greater , or lesser sum , or share , that shall be had or received , by any other Owner , or Part-owner or Adventurer , in or of the said Ship , Furniture and Victual .

In witness , &c.

Another upon a Man of War , and several other Ships taken into consortment with her .

( 11. ) TO all , &c. whereas I the said A. B. have Recital of the intended voyage . prepared , victualled and fitted to sail for a Voyage to the East-Indies , as a Man of War , in case of Reprizal , a good Ship called the Mary of London , and certain other Ships by me , after to be taken into consortment with her , by and under the power and vertue of a certain Commission to me made and granted by and from , &c. constituting and appointing me Admiral and General of the said Fleet , and for and towards the furnishing , fitting , victualling , arming and setting forth to Sea of the said Ships , I the said A. B. before the ensealing and delivery of these presents , have had and received of and from E. F. Of the adventure . of , &c. the sum of fifty pound sterling upon the adventure of the said Ship and Ships , in the said Voyage : And the said E. F. is contented to adventure the said sum of Money upon the said Ship and Ships , during the said Voyage , in the same manner and form , as other adventurers do .

( 12. ) Now know ye , that I the said A. B. That the adventure shall have his proportion . have covenanted , granted and agreed , and do by these presents for me , mine Executors and Administrators covenant , grant and agree to and with the said E. F. his Executors and Administrators , and every of them : That he the said E. F. his Executors and Administrators , for and in consideration of the said sum of fifty pound so by him adventured as aforesaid , shall have and receive to his and their own use and uses , such a ratable part , share and proportion , as other Adventurers on the said Ship and Ships are to have , or shall have in all and every such prize and prizes , goods , Iewels , Money and other things whatsoever , which shall be had , taken , obteined , attached , atchieved , or gotten , either by Sea or Land , during the said Voyage , or by reason thereof , by or with the said Ship , or by or with any other Ship or Ships , Vessel or Vessels , that shall be in consortment or fellowship with her , or by the means of them , or any of them , in or during the said Voyage , or which shall be to the said Ship or Ships , or any of them , by reason or means of the Voyage aforesaid , appertaining or belonging , as according to the just rate and proportion of fifty pounds , the same shall amount unto the due and necessary charges , pertinent and belonging to the said Voyage , being out of the whole first deducted .

In witness , &c.

The Form of a Bill of Bottombry .

( 18. ) TO all , &c. I A. B. Owner and Master , of the good Ship , called the 1. of London , of the burthen of One hundred Tuns , or thereabouts , now riding at Anchor , on the River of Thames , within the Port of London , and bound for a Voyage to St. Mallowes in France , The Voyage . and from thence to return back to London to make her discharge , do send greeting in our Lord God everlasting . The money intrusted upon the venture of the Ship .

( 14. ) And whereas I the said A. B. at the ens●aling and delivery hereof am necessitated to take up , upon the Adventure of the said Ship , the sum of fifty Pounds of lawful Money of England , for setting forth the said Ship to Sea , and for furnishing of her with provision and necessaries for the said Voyage , which said sum of fifty pound C. D. of London Merchant , hath at my request supplied , and lent unto me , at ten pound for the said fifty pound during the said Voyage .

( 15. ) Now know ye , that I the said A. B. do The voyage for me , mine Executors and Administrators , covenant , grant and agree , to and with the said C. D. his Executors and Administrators by these presents : That the said Ship shall with the first good Wind and Weather , that God shall send , after the tenth Day of this present Moneth of May , depart from the said River of Thames , and shall by Gods blessing directly , as Wind and Weather shall serve , proceed and sail unto St. Mallows in France , and having there tarried , until , &c. and the opportunity of a Convoy , or being sooner dispatched [ which shall first happen ] shall depart from thence , and shall be Gods blessing , as Wind and Weather ●erve , from thence directly sail , return and come back , to the River of Thames to finish and end her Voyage .

( 16. ) And I the said A. B. do for the consideration To repay the Money lent . aforesaid , bind my self , mine Heirs , Executors , Administrators , Goods and Chattels , and namely the said Ship with the Freight , Tackle and Apparel of the same , to pay unto the said C. D. his Executors , Administrators or Assigns , the sum of sixty pound of lawful Moneys of England , within one and twenty Dayes , next after the return and safe arrival of the said Ship , in the said River of Thames from the said intended Voyage . That he is Owner .

And I the said A. B. do for me , mine Executors and Administrators covenant and grant to and with the said C. D. his Executors and Administrators by these presents : That I the said A. B. at the ensealing and executing of these presents , am true and lawful Owner and Master of the said Ship , and have power and authority to charge and ingage the said Ship , as aforesaid , and that the said Ship shall at all times after be lyable and chargeable for the payment of the said sixty pound , according to the true intent and meaning of these presents .

( 17. ) And finally it is hereby declared and agreed , If the ship miscarry , the sixty pound to be lost that in case the said Ship shall be lost , miscarry or cast away , which God forbid , before her next arrival on the said River of Thames , from the said intended Voyage , that then the said payment of the said sixty pound , shall cease and determine , and the loss thereof be wholly born and susteined by the said C. D his Executors , and The Ship may be thus ingaged for security , which is the surer way . Administrators , and that then , and from thenceforth , every matter and thing herein before conteined on the part and behalf of the said A. B. shall determine and be utterly void , any thing herein before conteyned to the contrary thereof in any wise notwithstanding . In Witness , &c.

( 18. ) And for the consideration aforesaid , and for the better performance of all and singular the Premises , on my Part to be done and performed , according to the true intent and meaning of these presents : I the said A. B. have bargained and sold , and by these presents do bargain and self unto the said C. D. his Executors and Administrators , all the said Ship , and the Tackle , Ammunition , Ordinance , Apparel and Furniture thereunto belonging .

( 19. ) And the said A. B. for himself , his Executors That he is Owner . and Administrators doth covenant and agree to and with the said C. D. his Executors and Administrators by these presents : that he the said A. B. at the Time of the ensealing hereof , is the true and lawful Owner of the said Ship and Premises , and that the same and every part thereof , now are and be , and so in case any default of payment of the said sixty pound , or any part thereof , contrary to the agreement aforesaid ▪ shall from Free from former sa●es , &c. henceforth for ever be free and clear , and freely and clearly discharged of and from all and all manner of former , and other bargain , and sales , ti●les , troubles , charges and incumbrances whatsoever . Proviso to make void upon payment , &c.

( 20. ) Provided nevertheless and upon Condition , that if the said A. B. his Executors or Administrators , shall well and truly pay , or cause to be payed unto the said C. D. his Executors , Administrators or Assigns the said sixty pound , and every part thereof according to the intent and true meaning of these presents , and likewise perform the Covenants herein before contained on his and their Part to be done and performed : That then this present ba●gain and sale of the said Ship and Premises , and every matter and thing therein con●eined , shall cease and be void and of none effect to all intents and purposes : Any thing herein before conteyned , to the contrary thereof , in any wise notwithstanding , &c.

Aaother from of a Bill of Bottombry , with a Bond thereupon .

( 21 ) TO all , &c. A. B. of , &c. Mariner , Master and Part-owner of the good Ship , or Vessel called the F. of London , of the burthen of two hundred Tuns , or thereabouts , now riding at anchor on the River of Thames , within the Port of London , do send greeting , in our Lord God everlasting : Whereas the said Ship is now bound out upon a voyage from the said Port , unto the Island of Barbadoes , and from The Voyage . thence if occasion shall be to the Island of May , and so to return back again to the said Island of Barbadoes , and from thence to London to end her Voyage .

( 22. ) Now know ye that I the said A. B. for me , mine Executors and Administrators , do Covenant and grant to and with C. D. of , &c. ( who The sum delivered . before the ensealing hath payed and delivered unto me the said A. B. the sum of one hundred pounds of lawful mony of England , and is contented and agreed to stand to and bear the adventure of the said sum upon the body of the said Ship , during the said voyage ) and to , and with his Executors , Administrators and Assigns , by these presents : That the said Ship , with the first good When to begin and end her Voyage . wind and weather that God shall send , from , and after the twentieth day of , &c. next ensuing the date hereof , shall depart from the said River of Thames , upon the said intended voyage , and that she shall by Gods grace ( the perils and dangers of the Sea , and restraint of Princes and Rulers excepted ) be returned unto the River of Thames from her said voyage before the expiration of fourteen Months , to be accounted from the date of these presents : And that the said Ship , in her said intended voyage , shall not sail or apply her self unto any other Ports or places , Not to sail to other Ports than are mentioned . than those that are before mentioned herein , unless she shall be necessitated thereunto , by extremity of weather , or some other unavoidable accident .

( 23. ) That I the said A. B. mine Executors , Administrators of Assigns , shall and will well and truly pay , or cause to be paid unto the said C. D. his Executors , Administrators or Assigns , at , &c. the sum of one hundred and thirty pounds of The payment of the freight , or hire , and how . like lawful mony of England in respect of the adventure aforesaid , if the said Ship shall go from thence onely unto the said Island of Barbadoes , and so from thence return to London , to end her said intended voyage , and the sum of one hundred and forty pound of like moneys , if the said Ship shall go from hence unto the said Island of Barbadoes , and from thence to the said Island of May , and so return again to the Island of Barbadoes , and from thence to London to end her voyage . And that within one month , after the return of the Hull or Body of the said Ship unto the River of Thames from the said Voyage .

( 24. ) Provided alwaies nevertheless , and it Proviso , to make void repayment &c. if this be lost . is the true intent and meaning of these presents , and of all the parties hereunto , That if the said Ship , in this present intended . Voyage , shall happen to be lost , miscarry , or be taken by Men of War or Pirats , which God forbid , that then this present Writing or Deed , and every Covenant , payment , matter and thing therein contained , on the part and behalf of the said A. B. to be done , payed and performed , shall be utterly void and of none effect . And that then I the said A. B. my Executors or Administrators shall not be any waies chargable , or lyable to pay the said several sums before mentioned , or either of them , or any part of them to the said C. D. his Executors , Administrators or Assigns , but that he and they are to lose the same , and every part thereof . Any thing herein before contained , to the contrary hereof in any wise notwithstanding .

( 25. ) And it is agreed by and between the Not to run any longer hazard than fourteen months . said Parties to these presents , That in case the said Ship shall not be returned into the said River of Thames , from the said intended Voyage , at the end of fourteen months , to be accounted from the day of the date of these presents , and that at the end of the said fourteen months , there shall not be a just proof made of her loss , happening within the time aforesaid : That then I the said A. B. mine Executors , Administrators or Assigns , shall and will within twenty daies , next after the end and expiration of the said fourteen months , well and truly pay , or cause to be paid , unto the said C. D. his Executors , Administrators or Assigns , at the place of payment aforesaid , the said sum of one hundred and thirty pound , in case the said Ship shall not go unto the Island of May aforesaid , and the said sum of 140 pound in case the said Ship shall go unto the said Island of May as aforesaid : And that the said C. D. shall not run the hazard and adventure of the said sum by him adventured , as aforesaid , upon the body of the said Ship , any longer than fourteen months to be reckoned and accounted as aforesaid .

The Condition of a Bond upon the same .

( 26. ) THe Condition of this Obligation is To perform Covenants , &c. in the bill contained . such , That if the above-bounden A. B. his Executors , Administrators or Assigns , shall and do well and truly observe , perform , pay , fulfil and keep all and every the Covenants , Grants , Articles , Payments and Agreements , and all things which on his or their parts and behalves are , or ought to be observed , performed , payed , fulfilled and kept , mentioned and conteined in a certain Writing , or Bill of Bottombry , or adventure , of the Date above written , made by and from the said A. B. by the name of A. B. of , &c. Master and Part-owner of the good Ship called the F. of London , of the burthen of Two hundred Tuns or thereabouts , now riding at Anchor in the River of Thames , unto the above named C. D. in and by all things , according to the purport and true meaning of the said Writing or Bill of Bottombrie , or adventure , that then , &c.

Or there may be a sale of the Ship , by a collateral Deed , for better security with this following Proviso in it .

( 27. ) Provided alwaies nevertheless : That To perform Covenants , &c. if I the said A. B. mine Executors and Administrators shall and do well and truly observe , perform , pay , fulfil and keep all and every the Covenants , Grants , Articles , Payments , Agreements and other things , which on our or any of our Parts , are or ought to be observed , performed , payed , fulfilled and kept , mentioned and conteined in a certain Writing or Bill of Adventure , of the Date of these presents made by me the said A. B. unto the said C. D. That is to say in and by al things according to the tenor and true meaning of the said Writing , or Bill of Adventure : That then and from thenceforth this present Writing , and the Grant , Bargain and Sale hereby made of the Premises , and every Covenant , Matter and Thing herein conteyned , shall be utterly void and of none effect . Any thing herein before contained to the contrary hereof in any wise notwithstanding .

In witness whereof , &c.

An Assurance of Goods outward bound .

( 28. ) IN the name of God Amen , We it known What is assured . unto all men by these presents : That I A. B. of London Gentleman , do by these presents assure unto C. D. and E. F. the sum of Thrèe hundred and fifty pound sterling , being the full price and value of goods for and on the behalf of the said C. D. and E. F. laden and to be laden aboard the good Ship called the Elizabeth of London of the burthen of One hundred Tuns , or thereabouts , the Master of the said Ship being now T. B. or whosoever else shall go as Master of the said Ship , and out of the Port of London To what Place . unto the Island of , &c. in the Parts beyond the Seas , then the said Ship to be arrived , and the goods discharged and layd on land in good safety : And that this present writing of Assurance , shall be of as good force and strength to all intents and purposes , as if I the said A. B. had been bound by Policy of Assurance , either ordinary or extraordinary , made in the Office of Assurance in the Royal Exchange London .

( 29. ) And I do hereby acknowledg my self Binds himself to bear the loss . fully satisfied and payed for this Assurance by the hands of the said C. D. after the rate of five pound sterling per cent . And therefore I the said A. B. do bind my self , mine Executors and Administrators , firmly by these presents : That if by any misfortune , which God forbid , the goods and merchandizes aforesaid , so laden or to be laden , outwards bound in the said Ship should perish in the said Voyage , in Part , or in all , to pay or cause to be payed unto the said C. D and E. F. their Executors , Administrators or Assigns , the full sum of Three hundred and fifty pound of lawful Money of England , or so much thereof as shall be proved to be lost of the said goods , within the space of six Months , after notice given and proof made of the said loss :

In witness .

A Letter of License from Creditors to a Debtor , and Composition made .

( 30. ) THis Indenture made between A. B. C. The Debt , and Estate to pay them . D. and E. G. Creditors of E. F. late of , &c. on the one Part : And G. F. of London Widow on the other Part. Whereas the said E. F. at and before the time of his decease was indebted unto the said Creditors , in divers and several sums of Money : All which they the said Creditors have , hitherto , patiently forborn : And whereas the said G. F. hath since her said Husbands Death perused and examined the estate of her said Husband : And finding , through divers losses , sicknesses , and other casual hindrances , which enforced her said Husband to impair and lessen the same , that the same is far short to give unto the said Creditors a full satisfaction , of Forborn Administration . their just and due debts , hath hitherto forborn to take forth Letters of Administration of the goods , chattels and estate of her said Husband , as to her properly did belong , according to the form and due course of the Laws of this Realm , and the said G. F. having called the said Creditors together , and acquainted them with the Premises , and with the weakness of her said Husbands Estate .

( 31. ) They the said Creditors by and with Recital of what they accept in Part. one assent and consent were and are willing , content and pleased , to accept of ten shillings in the pound for their said Debts , upon security of her the said G. F. and to be payed , at such Dayes and Times , and in such manner and form , as hereafter is limited , expressed and declared : and thereupon Leave to administer . have given and do by these presents give their full leaves , consents and approbations , that she the said G. F. shall and may have and take out , in her own name Letters of Administration of the Goods , Chattels and Personal Estate of her said deceased Husband , and that without the interruption or disturbance of them , or either of them .

( 32. ) Now this Indenture witnesseth , That Covenant to accept bonds , at ten shillings a pound . they the said Creditors herein before named , do by these presents for them severally and respectively , that is to say every of them , for himself , his Executors and Administrators , and not joyntly , nor one of them for the other , covenant , promise and grant to and with the said G. F. her Executors , Administrators and Assigns : That if the said G. F. her Executors or Administrators , do or shall , upon or before the , &c. next ensuing the Date of these presents , become bound in several Obligations , good and sufficient in the Law , in several reasonable penalties unto the said several Creditors before named , severally to be conditioned , for the payment unto them the said several Creditors , their several Executors , Administrators or Assigns , of the sum of ten shillings of lawful Moneys of England , for every pound or twenty shillings of their due and principal Debts , by the said E. F. owing respectively as aforesaid , not accompting any interest for the same , or any part thereof , at or in [ mention the place of payment ] That is to say , on the , &c. and shall leave the said several Obligations ( being duely sealed and executed by the said G. F. ) and each of the said Bonds attested by two Witnesses , at the least , who are to subscribe their names thereunto ) safe and uncancelled at , &c. [ mention with whom to be left ] unto or for the said several Creditors : That then the said Creditors , to or for whom , the said Obligations shall be so made , and left , as aforesaid , shall accept severally of the said Obligations , and Securities , as a full satisfaction of all their several Debts , so owing unto them ▪ by the said E. F. as aforesaid .

( 33. ) And shall and will also , at the costs and To seal discharges . charges of the said G. F. her Executors or Administrators , several seal , and as their several acts and deeds deliver , unto or for the use of the said G. F. several Acquittances and Discharges in writing , sufficient in the Law , thereby acquitting and releasing , as well the said E. F. his Executors and Administrators , as also the said G. F. her Executors and Administrators of all Debts , Bonds , Bills , Claims and Demands whatsoever , from the beginning of the world , until the Day of the Date of these presents .

( 34. ) And the said Creditors severally and respectively If any do arrest or molest they lose their Debts . every one , by and for himself , his Executors and Administrators , and not joyntly nor one of them for the other , do covenant and grant , to and with the said G. F. her Executors and Administrators , and every of them by these presents , That if either the said G. F. her Executors or Administrators , or her or their Goods , or Chattels , or the Goods or Chattels late her said deceased Husbands , or any of them , shall at any time or times hereafter , until or before the said Day of , &c. be arrested , attached , molested , or troubled by the above named Creditors , or any of them , or by any other person or persons , by their or any of their means or procurement , or in their or any of their right or rights , for or by reason of any Debt or Debts , so to them , or any of them , owing by the said E F. at the time of his decease : That then and from thenceforth she the said E. F. her Executors and Administrators shall be acquitted , released and discharged , against him or them , by whom she the said E. F. her Executors or Administrators , her their , or any of their Goods , or Chattels , shall be so arrested , attatched , molested , or troubled of and from all Debts , Actions , Claims and Demands whatsoever , from the beginning of the world until the Day of the Date of these presents , and that these presents to be pleaded , shall be a sufficient barr and discharge in that behalf , against him or them of the said Creditors , his or their Executors or Administrators , by whom or by whose means , or procurement , or in whose right , she the said G. F. her Executors or Administrators , her or their goods or chattels , or any of them , shall be so arrested , attached , molested or troubled ; contrary to the true and plain intent and meaning of these presents .

( 35. ) Provided alwaies , that if all the said Proviso , to make void , if all do not seal . Creditors , above named , do not , or shall not , at or before the , &c. sign , seal , and as their Act and Deed deliver , in due form of Law , one part of these presents , unto , or to the use of the said G. F. that then these presents , and every matter and thing therein contained , shall be clearly void and of none effect , as if the same never had beén made .

( 36. ) And the said G. F. for her self , her Executors Covenant to seal the bonds . and Administrators doth covenant and grant to and with the said Creditors , and every of them , their and every of their Executors and Administrators : That in case all the said Creditors shall in due form of Law , sign , seal and execute , one Part of these presents , as aforesaid , unto or to the use of the said G. H. on or before the , &c. That then she the said G. F. her Executors or Administrators , shall and will in due form of Law make , or cause to be made , and duly seal and execute , the said several Obligations , and leave the same at the place aforesaid , to and for the said Creditors upon or before the , &c.

In witness , &c.

Another to a Merchant remaining beyond Sea , to come into England , &c. for a Year .

( 37. ) TO all , &c. We , &c. [ nameing all the Losses of the Debt●r . Creditors of C. D. now commorant in the Parts beyond Sea ] do send greeting . Know ye , That we the said Creditors , being particularly sensible of the divers losses and impoverishments lately befallen upon him the said C. D. as well by Sea , as by Land , whereby , as he affirmeth , he is disabled at present to make payment unto us , of the several Debts and Sums of Money by him due and owing unto us , respectively , In Consideration whereof , and at the special request and desire of the said C. D. That some respit of time may be given him , for the gathering in and recovering of his Debts , and the effecting of some means for the payment of the several debts by him unto us severally due as aforesaid .

( 38. ) Have given and granted , and by these Power given for a year to come hither and trade , &c. presents , We and every one of us , for our and every of our Executors , Administrators and Assigns , do give and grant unto the said C. D. his Executors and Administrators full and free license and liberty , whereby the said C. D. his Executors and Administrators , and every of them , shall and may freely and quietly , at his and their liberties and pleasures , when and as often as it may or shall please him or them , to go , pass , repass , sojourn , dwell and abide , with all and singular the Goods , Chattels , Wares , Merchandizes , and other things whatsoever of the said C. D. his Executors and Administrators , in , by and through the Realm of England , and the Cities , Towns , Places and Dominions thereof , and elsewhere , to and for his and their , and every of their , most and best advantage , commodity and profit , and to buy , sell , exchange , or by any waies , means , or kind of Merchandizing , or otherwise , imploy , deal or trade , for any manner of Goods , Chattels , Wares , Merchandizes , or other things whatsoever , to him or them now belonging , or hereafter to be belonging , as aforesaid , from time to time , during the space of one whole year next ensuing the Date of these presents , without any lett , sail , trouble , impediment , arrest , attachment , prosecution , or impleading , or any other grievance , hurt or vexation by or through us , or any of us , or by the Executors , Administrators or Assigns , of us or any of us , in any wise to be done , procured or attempted , against the said C. D. in his own person , or against his Executors or Administrators , or any of them , or his , their or any of their Goods , Chattels , Wares , Merchandizes , Money , Debts , or any other thing whatsoever , or any part or parcel of them , or any of them , for , touching , concerning , upon , or by reason , or means of any Debt or Debts , Duty or Duties , Sum or Sums of Money , now due or owing , by the said C. D. to us , his said Creditors , or any of us .

( 39. ) And further we the said A B. D B. E. F. &c. That they will not prosecu●e or molest the Debtor , if so , he to be discharged against the prosecutor . and every of us , by himself , for his own Part , and for himself , his Executors and Administrators , and every of them , doth covenant and grant to and with the said C. D. his Executors and Administrators , and every of them , by these presents : That if any suit , arrest , attachment , process , impediment , or other grievance , hurt or vexation whatsoever , before the end or exspiration of one whole year next ensuing the Date hereof , in any wise shall be brought , had , done , procured , or effected , by or through us , or any of us the said Creditors , or the Executors , Administrators or Assigns of us , or any of us , or by through or with the will , procurement , commandment or agreement of us , or any of us , our or any of our Executors , Administrators or Assigns against the said C. D. his Executors , or Administrators , Sureties or Factors , or any of them , or against his , their , or any of their Wares , Goods , Chattels , Merchandizes , Moneys , Debts or other things whatsoever , or any of them , or any part or parcel of them , or any of them , for , touching , or in any wise concerning , or by means , or by reason of , any Debt or Debts , Duty or Duties , Sum or Sums of Money whatsoever now due or owing by the said C. D. to us , or any of us , his said Creditors , that then immediately from thenceforth the said C. D. his Heirs , Executors and Administrators , and every of them , shall for ever be acquitted and discharged , against him , or them of us his said Creditors , his and their Executors , Administrators and Assigns , and every of them , by whom any such suit , occasion , arrest , process , attachment , trouble , impediment , or other greivance , hurt or vexation whatsoever , shall in any wise be had , brought , affirmed or prosecuted to or against the said C. D. his Executors , Administrators or Assigns , or against his , their , or any of their Goods , Chattels , Wares , Merchandizes , Debts , Moneys , or other things whatsoever , within the said one year , contrary to the true intent and meaning of these presents , of and from all and singular such Debt and Debts , Duty and Duties , and Sum and Sums of Money , and other thing and things whatsoever , due , owing or demandable by or from him the said C. D. unto us , or any of us , our or any of our Executors , Administrators or Assigns , that such account , suit , arrest , process attachment , trouble , impediment , grievance or vexation shall cause , procure , or willingly permit against the said C. D. his Execu●ors , Administrators , Sureties , Factors or Assigns .

In witness .

Another to a Debtor beyond the Seas , for six Months paying six shillings eight pence a pound .

( 40. ) TO all , &c. We , &c. [ nameing the Creditors ] Leave given for six Months to come to and abide in England . send greeting , &c. Whereas C. D. Merchant , now resident in the Parts beyond the Seas , is indebted unto his Creditors whose names are hereunder written , in several Sum and Sums of Money , and being unable to pay us our whole Debts , we do hereby declare , that every one of us , who shall subscribe these presents with his proper name or mark , shall and will give him free leave and license , both for his person and goods to go , come , abide and be amongst us for the term of six Months , to be computed from the Date hereof , without our or any of our lett , trouble , suit , arrest or disturbance .

( 41. ) And further that if the said C. D. his Exe●utors , If Creditors be satisfied six shillings and eight pence a pound , to give a Release ▪ Administrators , or Assigns , shall within the space of six Months aforesaid to be computed from the Date hereof , pay or cause to be payed unto us , for and in respect , of the several Debts , owing severally unto us , six Shillings and eight pence sterling by him to us severally owing [ not accompting Interest for the said several Debts to us owing , or for any Part thereof ] That then we shall accept , of the said six Shillings and eight pence the pound , in full of the said Debt and Debts to us severally owing , and shall give unto him or them thereupon ( at his costs and charges ) general Acquittances and Releases from us and every of us ; and in further declaration , of our leaves and license to him given as aforesaid , we do promise to seal and subscribe unto him , a Letter of License to be made according to the purport and true meaning hereof : Witness our hands , this day of , &c.

Another in brief .

( 40. ) TO all , &c. We , or such of us , who have License given to come into England and abide six Months without the trouble of the Creditors . signed and sealed these presents , being Creditors of C. D. an English Merchant , now reuding at F. in the Parts beyond the Seas , do send greeting . Whereas the said C. D. is indebted to us , his said Creditors severally in divers Sums of Money , for which by reason of bad Debts and other casual Hindrances , as well by Sea as Land , he is unable to give unto us present satisfaction , and having desired , as well by s●veral of his own Letters , as by Mediation of his friends here resident in England , for a time , without our or any of our molestations , arrests , suits or interruption , to come over into England and to reside here , as well to gather in , and recover the Debts to him due here , as to make his true estate known unto us , and as much as in him lyeth , to give us and every of us satisfaction , for the said Debts by him to us particularly owing : Vnto which request and desire of the said C. D. we do hereby condescend , and are content that he shall come over into England , and stay or abide in London or elsewhere within the said Kingdom , in peace and quiet , and without the arrest , suit , trouble or molestation , of us or any of us , for and during the space of six Months , to be computed from the Day of the Date hereof .

In witness , &c.

Another to a Debtor ( resident in England ) for a years time .

( 43. ) TO all , &c. We A B. C. D. E. F. and G. H. of London Merchants , do send greeting . Recit I of the Debts . Whereas I. C. Citizen and Vintner of London ( for and by reason of Commerce , and divers Contracts , Agreements and other causes , Between him and us the above-named persons , severally passed and had ) standeth , and is indebted to us the said A. B. C. D. E. F. and G. H. severally , in divers and sundry great sums of Mony , as by several obligations and specialties , under his hand and seal unto us severally made , it doth and may appear .

( 44. ) Now know ye that we the said A. B. Liberty to Negotiate without interruption . C. D. E. F. and G. H. for divers sundry good and charitable causes and considerations , us hereunto especially moving , Have given and granted , and by these presents do give and grant , full licence and liberty unto the said I. C. quietly and freely , to go about , attend and negotiate , as well his own private affairs and businesses , as also all other matters and things whatsoever he hath , or shall have to do and prosecute , for any person or persons whatsoever , as well within the City of London , as elsewhere within the Kingdom of England , at all and every Time , and Times from henceforth , for and during the space of Twelve months to begin and commence , from the day of the Date hereof , without any manner of let , disturbance , stay , arrest or attachment of his person , or of his Goods , Chattels , Mony , Merchandizes , or any other his Commodities , or things whatsoever , by us the said A. B. C. D. E. F. and G. H. or any of us , or by the Executors , Administrators or Assigns of any of us , on this side , or within the space of Twelve months to be accounted as aforesaid .

( 45. ) And we are not only contented and agreed , The Debts released of such as shall pursue , &c. contrary to this Licence . to give and grant this our present Licence unto the said I. C. for and during the Time aforesaid , within which space he the said I. C. doth intend the payment or satisfaction of all and every the said Debts , but also we , and every one of us , for his part , doth by these presents , agree and declare , that if it shall happen the said I. C. in his person , Wares , Goods , or Merchandizes , or any of them , within the said time or space of Twelve months next ensuing the Date hereof , by us or any of us the said Creditors , or by our or any of our E●e●utors , Administrators or Assigns , or by any other person or persons by or through the authority , com●andment , will , consent or procurement of us , or any of us against the tenor , form and effect of these presents in any wise to be arrested , sued , impleaded , molested or attached , that then he the said I. C. his Heirs , Executors and Administrators shall by virtue of these presents , for evermore , be clearly acquitied and discharged against him , or them of us by whom , or by whose authority , means or procurement , he the said I. C. his Goods , Wares , Moneys or Merchandizes shall be contrary to the form , effect and true meaning of these presents to be vexed , molested , attached sued , arrested or hindered , of all manner of actio●s , suits , debts and demands , whatsoever they be , from the beginning of the world until the day of such arrest , suits , attachment or molestation .

In witness , &c.

Another , to have free liberty to go to and from the Creditors to Compound , &c.

( 46. ) TO all , &c. We A. B. C. D. &c. Creditors of Recital of his inability for present payment . E. F. Citizen and Mercer of London do send greeting . Whereas the said E. F. the Day of the Date hereof is indebted , and doth owe unto us the said Creditors severally , divers sums of Mony , which by reason of some losses happened unto him , as he informs us , he is not able presently to satisfie and pay , as he willingly would , but desireth our favour and respit of time for the payment thereof .

( 47. ) Therefore know ye that we the said Creditors Licence and liberty given . above-named , moved with compassion , and the desire which the said E. F. hath to and for the satisfaction of our said debts , Have given and granted , and by these presents do give and grant unto the said E. F. full and sure liberty and freedom ( as much as in us , or any of us lyeth ) to go , come and resort unto us and every of us his said Creditors , to compound and take order with us and every of us , for our and every of our said several Debts , without any let , trouble , suit , arrest , attachment or other impediment to be offered or done to him the said E. F. his Wares , goods , or Merchandizes : for and during the space or time of two months next ensuing the Date of these presents .

( 48. ) And if it happen , that the said E. F. his He that sueth contrary to the Licence to lose his debt . Person , Goods or Chattels within the said space of two months by us or any of us the said Creditors , our , or any of our Executors , Administrators or Assigns to be arrested , sued , troubled , attached or molested , contrary to the true intent and meaning of these presents , That then he the said E. F. his Executors , Administrators and Assigns shall for ever be acquitted and discharged against him or them of us , his or their Executors , Administrators or Assigns , by whose authority , means or procurement , he the said E. F. his Goods or Chattels shall be sued , arrested , attached or molested as aforesaid , of all manner of actions , suits , debts and demands whatsoever , from the beginning of the world until the day of the date of these presents . In witness , &c.

( 49. ) Or there may be Covenant from the Covenant not to molest the Debtor , &c. Creditors not to sue or molest the Debtor [ in manner following ] And we the said Creditors all and every of us , severally for himself , and for our and every of our Executors and Administrators , do and doth severally Covenant , promise and grant to and with the said E. F. his Executors and Administrators by these presents , That we the said Creditors or any of us , our or any of our Executors , Administrators or Assigns , or any other Person or persons , by our or any of our , their or any of their authority , assent , consent or procurement , the said E. F. his Executors or Administrators , or any of his , their or any of their Goods , Chattels , Debts , or other things shall not , nor will not in any wise sue , arrest , implead , attach , imprison , condemn , trouble , seize or molest for or concerning satisfaction or payment to be made to us or any of us , our or any of our Executors , Administrators or Assigns , of or for our said several Debts and Duties , or any of them , or any part or parcel of them or any of them , or for any other matter or thing whatsoever which For finding Sureties . we or any of us , can or may have , pretend or demand of or against the said E. F. or to find or provide for us or any of us , our , or any of our Executors , Administrators or Assigns , any other Sureties or Securities for the satisfaction or payment of the said several Debts , and other things , or any of them , or any part or parcel thereof , other then all or any of us now have , or severally hath for the same , during the Time aforesaid .

In witness , &c.

A Letter of Composition for half Debts .

( 50. ) TO all to whom , &c. A. B. C. D. &c. Creditors of E. F. &c. do send greeting : Whereas the said E. F. the Day of the Date of Recital of the Debts . these presents , is , and standeth justly indebted , and doth owe unto us the several parties above-named , divers and several sum and sums of Mony : And by reason of the many losses , great hinderances , and other damages happened unto him , he is utterly unable , as he affirmeth , and as he hath made appear unto us , to give other satisfaction for his said Debts , than by and with such Goods and Wares as are now remaining in his hands , and such Debt and Debts as are now at present owing unto him : which we the said Creditors are unwilling to accept , or in any wise to intermeddle with : but have rather resolved and made choice to undergo a loss certain , and to accept of ten shillings per libram , or the one half Creditors acceptance of half . of the Debts by him owing unto us , to be duly payed in full satisfaction for our said Debts in manner and form following , &c. [ here set down the Manner and Days of payment . ]

( 51. ) Now know ye , that we the said Creditors Covenant ( and obligations to be entred into ) for paiment . do Covenant and grant , and every of us for his own part , and for his own Executors and Administrators , doth Covenant and grant to and with the said E. F. his , &c. That if the said E. F. his , &c. or any of them shall well and truly pay , &c. [ here set down as before , the manner of payment ] or for the sure payment thereof in manner and form aforesaid , shall before the — day of , &c. next ensuing the Date of these presents , become bounden unto every of us in several penal Obligations , in double the said sums to be contained in the several Conditions thereof : And further that if the said Obligations and every of them , shall be delivered to such person or persons as we shall appoint , duly sealed and executed by the said E. F. at or before the , &c. next ensuing the Date hereof , That then from and after such payment made as aforesaid , or the said several Obligations made , executed and delivered as aforesaid , for the several payments aforesaid , according to the intent and true meaning of these presents , we the said Creditors and every of us , and the Executors , &c. shall and will hold our selves well contented and satisfied for all such Debts as he the said . E. F. did formerly owe unto us , or any of us before the sealing of the said Obligations .

( 52. ) And that then also we t●e said Creditors , To Seal Releases . and every of us , or the Executors , &c. within ten days next after such payment made as aforesaid , or the sealing and delivery of the said Obligations , according to the true intent and meaning of these presents , shall and will seal and subscribe , and in due form of Law deliver unto the said E F. his , &c. one or more general Release or Releases , Discharge or Discharges , of all Debts , Duties and Demands whatsoever , by him the said E. F. unto us and every of us , formerly owing or payable , from the beginning of the world until the days of the Date of the said Obligations , so to be sealed and delivered by the said E. F. his , &c. as aforesaid , as he the said E. F. his Executors or Administrators , his or their Counsel learned in the Law , shall reasonable devise , advise or require .

( 53. ) Provided alwaies , That these presents These presents not to bind any except all seal , &c. or any matter therein contained , shall not be of any force or effect , to bind or charge us , or any of us who have hereunto sealed and subscribed , unless and until all and every the said Creditors above-named , shall and do likewise seal and subscribe these presents , at or before the , &c. next ensuing the Date hereof .

In witness , &c.

CAP. III. Containing several forms of Copartnerships , and Covenants incident thereunto .

The form of a Copartnership relating to Transactions , as well forreign as domestick .

( 1. ) THIS Indenture Quadripartite , made the , &c. Betwen A. B. of , &c. of the first part , C. D. of , &c. of the second part , E. F. of , &c. of the third part , and G. H. of , &c. of the fourth part : W●itnesseth that the Their resolution to be Copartners . said Parties , for the affiance , trust and confidence which each of them have and do repose in the other of them , Have concluded and agreed to become Copartners and joynt Traders together , in such Trades and Merchandizes , as well within the Kingdom of England , as also in Holland and Brabant , in the parts beyond Sea , and elsewhere , where the said Parties shall think fit , to Trade and Merchandize for their most benefit , advantage and profit , and that for and during the space of four years , to be computed For four years . from the day of the Date hereof , and from thence next ensuing and fully to be compleat and ended .

(2) . And to that end and purpose , the said The Stock . Parties have added and put together a joynt Stock , to be imployed in and about the said joynt Trade , that is to say , the sum of twenty thousand pounds of lawful Moneys of England , viz. the said A. B. for his part , five thousand pound thereof . The said C. D. for his part another five thousand pound thereof . The said E. F. for his part five thousand pound more thereof . And the said G. H. for his part five thousand pound more , being the remainder of the said twenty thousand pounds .

( 3. ) Which said Stock shall be occupied and How Gain and Loss is to be born . imployed together upon an account of Fourths , both in profit and loss , The whole in four equal parts to be divided , whereof the said A. B. his Executors and Administrators , is to have and bear , for his and their parts , one fourth part thereof , both in profit and loss ; The said C. D. his Executors and Administrators one other fourth part thereof , for his and their part , both in profit and loss ; The said E. F. his Executors and Administrators the other fourth part thereof , both in profit and loss ; And the said G. H. his Executors and Administrators the other fourth part thereof , both in profit and loss , for his and their parts , according to the intent and true meaning hereof .

( 4. ) Which said Transaction , trade and business [ for the consideration hereafter mentioned ] Division of the Trade . is to be done and performed , as followeth , That is to say , The said E. F. during the said Copartnership , is to have the sole receiving , keeping and charge of all the Cash and Mony , and of all the Cloths , Bays and Stuffs , and of all Bonds , Bills and Specialties , belonging to the joynt account here in England , and of all Goods and Wares to be received from beyond the Seas , for and upon the said joynt account : and also the charge of the writing , true keeping and custody of the Books to be kept here in England , touching the said joynt account and business in Copartnership , within the dwelling house of the said E. F. in London , for the time being . And the buying of the said Cloaths , Bays and Stuffs . and the selling of all Goods to be received from beyond the Seas , and the receiving of Moneys , and the ordering and disposing of the same : and the other joynt business here in England , is to be equally acted and performed by the said E. F. and C. D. And that the said G. H. shall have the management and transaction of the Affairs relating to the said Copartnership , and joynt Trade , which are to be managed , done and transacted in the Parts beyond the Seas .

( 5. ) Whereupon it is concluded and agreed , by and between the said Parties to these presents ; and each and every of the said Parties , by and for himself , his Executors and Administrators doth Covenant and grant to and with each and every other of them , his Executors and Administrators by these presents , as hereafter in manner That Copartnership shall continue four years . and form followeth . First , that the said Copartnership shall continue without ceasing in form here-under declared , from the day of the Date hereof , until the full end and term of four years from thence next ensuing , and fully to be compleat and ended . And that every of the said Copartners , in the several businesses before-mentioned Each to be diligent and faithful . to be by them severally done and performed , and all other matters and things touching the said Copartnership , shall and will from time to time , during the said four years , perform and do his and their true and best endeavour , care and diligence , for the most and best profit , C 〈…〉 modity and advantage of them the said Copartners : And that each and every of them the said Copartners , shall be faithful , just and true unto the other of them therein .

( 6. ) And that all gains and increase , arising , Gains losses and charges shall be equally born and had . happening or comeing of or by the said joynt-trade and copartner-ship shall be indifferently and equally parted and shared by and between the said Parties , their Executors and Administrators , as is before prescribed and set down : And that all Debts , Charges and losses , likewise arising , happening or growing to be payed and born for or by reason of the said joynt-trade and copartner-ship , shall be in like manner payed , born and susteined by and between the said Parties , their Executors and Administrators in four equal Parts , as is before mentioned , and according to the true intent and meaning of these presents .

( 7. ) And that every of the said Parties shall For getting in Debts . from time to time hereafter perform and do his and their best endeavour , diligence and travail , as need or occasion shall require , to recover , obtain , get in and receive such Debts , Duties and Sum and Sums of Money , as by reason or means of the said trade or copartner-ship , shall be due or owing unto them from any Person or Persons so speedily as may be from time to time : And shall not , at any time or times hereafter without the consent of the rest , do or procure , or cause to be done or procured , any act device or thing to prejudice , hinder or retard the Recovery , obteyning or getting in , of the said Debts or any of them .

( 8. ) And if it shall happen , that the said Parties , Trusting by either Party against consent of any of the rest . or any of them , shall trust or deliver out upon Credit or Confidence , any of the Goods , Wares , Moneys or Merchandizes , belonging to the said joynt accompt to any Person or Persons , whom any other of the said Parties , shall pray , admonish or warn not to trust : that then and so often , such of them the said Parties , which shall so trust and deliver out upon Credit , any of the said Goods , Wares , Moneys or Merchandizes , to any such Person or Persons ; shall and will within three Months , next ensuing , answer and satisfie unto the said joynt stock , so much lawful Money of England , as the Goods , Wares , Money or Merchandizes , so to be trusted , or delivered out as aforesaid , shall amount unto [ in case in the mean time full satisfaction shall not be made for the same by the Person or Persons , which shall be so trusted , as aforesaid ] and that in such case , such of the said Parties , so making satisfaction therefore , shall and may have and enjoy the sole benefit , of the said Goods , Wares , Moneys and Merchandizes or things , so by him trusted , and for which he shall have made satisfaction , as aforesaid .

( 9. ) And that every of them the said Parties To take advise of each other . [ if necessity require and conveniently it may be ] in all his and their buying and selling , dealings and doings touching and concerning the said joynt trade , shall desire and take the advise and direction of the rest of the said Parties , or some or one of them .

( 10. ) And that all such detriments and losses , Losses by negligence of servants how to be born . as shall without fraudulent Practise of any of the said Copartners , happen or come to the said partible accompt , by the falshood , absence or neggligence , of any Servant or Servants , Apprentice or Apprentices , which shall serve or dwell with any of the said Parties , shall be born and answered to the said joynt accompt , by the Master of such Servant or Servants , by whom the same shall be done or permitted .

( 11. ) And further , that none of them the said Not to diminish the joynt-stock . Parties shall or will , at any time or times hereafter , charge the accompt of the said Copartner-ship , with any other , or more Debts , than onely such , as shall be pertinent to the same , and with such charges only , as shall be necessarily and justly disbursed for and about such Goods , Wares , Commodities or Merchandizes , as shall be occupied or imployed in or about the said joynt Trade or Copartner-ship , and for and about the Recovery , getting in and obteining of such Debts , as shall be due and owing unto them by reason thereof : Nor at at any time hereafter during the said Not to diminish the joynt-stock . space or time of four years shall withdraw or take from the said joynt stock and accompt , any Sum or Sums of Money , or other things , other than such as shall be disbursed for recovery and getting in of such debts incident to the same , as are before expressed and mentioned : and that without fraude or covin .

( 12. ) Saving , That it shall and may be lawful , In what cases they may diminish . to and for every of them the said Parties yearly during the said Copartner-ship to have and take out of the said stock , belonging to their joynt Trade and Copartner-ship , for every of their particular , and private expences and occasions , as followeth : That is to say , To the said To each Party two hundred pound a Year . A. B. the Sum of Two hundred pound of lawful Moneys of England , to the said C. D. the like Sum of Two hundred pound , of like Moneys , to the said E. F. the like Sum of Two hundred pound , of like Moneys , and to the said G. H. the like Sum of Two hundred pound of like Moneys :

( 13. ) And saving also , that it shall and may An overplus to E. F. of one hundred and fifty pound a Year . be lawful , to and for the said E. F. during the said Copartner-ship , in respect of his house Rent , wherein it is agreed , one Part of the business of the said Copartner-ship shall be acted and performed here in England , and for the extraordinary Pains of him , and his Servants to be taken and performed , in and about the said joynt Trade , and for his Expences upon , and entertainment of Cloathiers yearly to charge upon the said partible Account , and be allowed out of the same , the Sum of One hundred and fifty pound a Year of lawful Moneys of England , over and besides the said Two hundred pound a Year allowed unto him , as aforesaid .

( 14. ) Saving also for the said C. D. in respect of the extraordinary Pains of him , and his The like Overplus to C. D. Servants to be taken in and about the said joynt trade , and his Expences upon and entertainment of Cloathiers , as aforesaid , and for his house-Rent , wherein it is also agreed , that one Part of the joynt business aforesaid , shall be acted and performed , to charge to the said partible Account , and be allowed upon the same the like Sum of One hundred and fifty pound yearly , of like Moneys , during the said Copartner-ship , over and besides the said Two hundred pound yearly , to him allowed as aforesaid .

( 15. ) And saving also that it shall and may be An overplus of One hundred pound a year to G. H. lawful to and for the said G. H. in respect of his extraordinary Pains to be taken , in and about the said joynt business , and for his dwelling in the said Parts beyond Sea , where it is agreed he shall be imployed in and about the said joynt trade and business , during the said Copartner-ship , there to charge ▪ to the said partible Account , and to be allowed the same here in England , the Sum of One hundred pound yearly of like lawful Moneys of England , during the said Copartnership , over and above the said Two hundred pound a Year to him allowed as aforesaid .

( 16. ) Also the Wages and Allowances of any Charges of Servants and Apprentices . Servant or Servants , to be sent over , or of any Apprentice or Apprentices , where any shall be sent over , and imployed in the said business ▪ into the Parts beyond Sea , [ an equal number of Apprentices , of each of them the said C. D. E. F. and G. H. being imployed in the said joynt business ] and also the charge of any Pack-house ▪ or Pack-houses , to be taken or used beyond the Seas , for the said joynt business : and the wages and allowance of one Servant agreed to be hired by the said E. F. and C. D. for the managing and writing of the books of Account to be kept here in England , concerning the said joynt trade , and ●usiness , is hereby agreed by and between the said Parties to these presents to be payed and allowed out of the joynt stock of this Copartner-ship .

( 17. ) And the said G. H. for himself his Covenants of him who deals beyond Sea . Executors and Administrators , and for every of them , doth Covenant and grant to and with the said A. B. C. D. and E. F. and every of them , their and every of their Executors and Administrators by these presents , in manner and form following , that he the said G. H. shall not , nor will , at any time or times during this Copartnership , leave , transfer or commit the business , trade or imployment of or concerning the said joynt Trade and Copartnership , in any place or places beyond the Seas , where he shall have full charge Not to commit his trust to any , but by agreement of the rest . and disposing , nor any Bills or Specialties concerning the same , to any person or persons whatsoever , other than such as shall be thought fit , by the said A. B. C. D. and E. F. or the survivors or survivor of them , and their special consent and agreement in writing under their hands in that behalf for the same , first had and obtained .

( 18. ) And further , that he the said G. H. shall To keep books of account . from time to time hereafter , during the said Copartnership , keep or cause to be kept , in such place and places beyond the Seas , where he shall continue to be imployed , just and true book and books of Accounts and reckonings of all and every his dealings , doings , buyings and sellings , and imployments , touching and concerning the premisses , in such ample sort , manner and form in every respect , as Merchants of the said Trade commonly use to do .

( 19. ) And shall not onely send and consign weekly ( if it conveniently may be ) unto the To give notice and account of all his Transactions . weekly ( if it conveniently may be ) unto the said E. F. and C. D. true Copies of his weekly journal , and particulars of all Clothes and Wares received and sold , Goods sent and Moneys payed and sent by Exchange , and other his dealings whatsoever , touching the said joynt account : but also at the end of every six months , next ensuing each other , to be reckoned and accounted from the Day of , &c. next ensuing the Date of these presents , during the said Copartnership , consign and send over unto them the said E. F. and C. D. as aforesaid , a true , plain and perfect general Account in writing under his hand , of all his Receipts , payments , buyings , sellings , dealings , doings and imployments whatsoever , then before by him passed or done , touching or concerning the said joynt Account and Copartnership , particuralizing therein all the Charges laid out , and Clothes , Wares and other things then remaining in his hands .

( 20. ) And shall and will , during the continuance To bear his Charges . of this joynt Trade , at his own proper and particular Charges ( for the consideration aforesaid ) bear and pay all the Costs of his own Dyet , Lodging , Entertainment and Accommodations , in the parts beyond the Seas .

( 21. ) And further , that it shall and may be His liberty for the rest , to peruse the Accounts of G. H. lawful to and for the said A. B. C. D. and E. F. or any of them , or any of their Executors , Administrators , Servants or Assigns , at his and their free wills and pleasures , to have free liberty of ingress , egress and regress , into , out of , and from the Counting house , or Room of the said G. H. for the Time being , in the parts beyond the Seas , and shall and may freely , as occasion shall require , as well view and peruse the said Books of Accounts , and all Bands , Bills and Specialties whatsoever , as also , all Wares , Goods and Merchandizes , and other things whatsoever in the parts beyond the Seas , relating to the said joynt Trade , in the Hands , Custody or charge of the said G. B.

( 22. ) And moreover , that he the said G. H. To send the proceeds of what he shall receive . shall and will , with all convenient speed he may , from time to time hereafter during the said joynt Trade , consign , remit and send over to the said E. F. and C. D. from the said parts beyond the Seas , in Mony by Exchange , and in Wares and Merchandizes , the proceeds of all Wares , Clothes and other things , that shall be by him received , and in his disposing , touching and belonging to the said joynt account .

( 23. ) And further , that he the said G. H. shall To take up Moneys to advance the trade . and will from time to time hereafter , during the said Copartnership , endeavour what he may , the taking up such Moneys , in the said parts beyond the Seas , for the said joynt account , as shall be needful , and otherwise advance and benefit the same what he may : And also it s agreed by and between all the said Parties , that if the said G. H. shall at any time or times hereafter , take up or The rest to be equally bound to pay . borrow at interest , or otherwise , any sum or sums of Mony for the said joynt account , that then the said A. B. C. D. and E. F. and every of them , their and every of their Executors and Administrators , shall by these presents be lyable for the payment of the said sum and sums of Mony , and every of them , as fully in every respect , as the said G. H. his Executors or Administrators : And also if in case the said A. B. C. D. and E. F. or any of them shall at any time or times hereafter , take up , or borrow at interest , or otherwise , any sum or sums of Mony , for the said joynt account , that then the said G. H. his Executors and Administrators , shall be by these presents lyable and ingaged together with the said A. B. C. D. and E. F. for the repayment of the said sum and sums of Mony , and every of them , as fully in every respect , as the said A. B. C. D. and E. F. or any of them , their , or any of their Executors or Administrators . The particular Covenants of E. F. To keep the books of Account of the trade in England

( 24. ) And the said E. F. for himself his Executors and Administrators , and every of them , doth Covenant and grant to and with the said A. B. C. D. and G. H. and every of them , their and every of their Executors and Administrators by these presents , in manner and form following , that is to say , That he the said E. F. shall and will from time to time , and at all times hereafter , during the said Copartnership , manage and keep , or cause to be managed and kept by such Servant ● or Book-keeper , to be hired or entertained as aforesaid , just and true Book and Books of Account and Reckoning , Iournal and Leiger , of all and every the Receipts , Dealings , Payments , Buyings , Sellings and Imployments of the said E. F. and the said C. D. concerning the premisses here in England , in such Every 6. Months to give the rest a ballance of the account . ample manner and sort in every respect , as other Merchants of the said Trade commonly use to do , and at the end of every six Months , that is to say , The last Day of Iune , and last Day of December , yearly , during the said Copartnership , perfect the said Books , and give to each of the other Partners a true ballance thereof .

( 25. ) And further , that it shall and may be Liberty for the rest to view the Accounts of E. F. lawful to and for the said A. B. C. D. and G. H. and every of them , their and every of their Executors , Administrators , Servants or Assigns at convenient times , at their and every of their free wills and pleasures , to have free liberty of ingress , egress and regress into , out and from the dwelling house of the said E. F. and his Counting-house and ware-house there , and shall , and lawfully may , freely , as occasion shall require , view and peruse all Books of Account , and all Bonds , Bills , Writings and Specialties , Goods , Wares and things whatsoever there , in the hands , custody and charge of the said E. F. touching the said joynt Account .

( 26. ) And the said C. D. for himself , his Executors The particular Covenants of C. D. and Administrators , and for every of them doth Covenant and grant , to and with the said A. B. E. F. and G. H. and every of them , their and every of their Executors and Administrators by these presents , in manner and form following , that is to say , That he the said C. D. shall and To keep Accounts . will during the said Copartnership , keep or cause to be kept true Accounts in writing of all his Receipts , Payments , Buyings , Sellings , Dealings and Doings touching and concerning the said joynt account , and shall and will from time to time , produce and shew forth the same unto the To shew them to E F. &c. said E. F. and his Servants , and the said Servant to be hired as aforesaid , whereby the said E. F. or the said Servants , or one of them may be inabled to keep the said Books and Accounts , Iournal and Lieger , of all business whatsoever touching the said joynt Trade , or Account , here in England , in manner and form aforesaid .

( 27. ) And further , that he the said C. D. shall To assist E. F. &c. and will , during the time of the said Copartnership , be equally aiding and assisting , in all the managing and keeping of the said Books and Accounts , to be managed and kept as aforesaid , for the said joynt account here in England , within the said dwelling-house of the said E. F. as aforesaid .

( 28. ) And also , that it shall and may be lawful , To suffer the rest to view Accounts , &c. to and for the said A. B. E. F. and G. H. and every of them , their and every of their Executors , Administrators or Assigns , at their & every of their free wills and pleasures , at convenient times to have free liberty of ingress , egress and regress into , out of and from the Dwelling-house , Counting-house and ware-house of the said C. D. for the time being , and shall and may freely as occasion shall require , view and peruse all Books of Accounts , and all Goods , Wares , Merchandizes and other things touching the said joynt Trade , in his custody and charge .

( 29. ) And the said A. B. C. D. and E. F. do Covenant A. B. C. D. and E. F. to bear their own private charges and grant , each of them for himself , his Executors and Administrators , to and with the other of them his Executors and Administrators , and every of them by these presents , That they the said A. B. C. D. and E. F. shall and will respectively during the said joynt Trade , for the consideration aforesaid , bear and defray their own private and particular Charges and Expences , both for themselves and their particular Servants and Families and likewise the particular Rents for their Houses and Ware-houses .

( 30. ) And that the said E. F. and C. D. shall Contracts , Bonds , &c. in whose names . and will make or cause to be made , all bonds , bills , specialties and contracts whatsoever , by them respectively to be taken and made , concerning the said joynt account , here in England , in the joynt namēs of the said C. D. and E. F. for the use of them the said E. F. and C. D. and of the said A. B. and G. H. and that the said A. B. and G. H. their Executors and Administrators , shall by force of these presents be joyntly interested in and ingaged for and concerning the same .

( 31. ) And further it is covenanted , granted , Money lent by Copartners to the stock . concluded , condiscended , and agreed , by and between the said Parties to these presents , and each and every of them , by and for himself , his Executors , and Administrators , doth covenant and grant to and with the other of them , his Executors and Administrators , in manner and form following : That is to say , Chat if any of them , the said A. B. C. D. E. F. and G. H. shall at any time or times hereafter , during the said Copartner-ship lend unto the said joynt Account any sum or sums of Money ( over and above their present stock , put in as aforesaid ) into stock to be used and imployed to and for the use of the said Copartnership , and joynt Trade , during the continuance thereof , or for so long time thereof , as he or they so lending the same , or his or their respective Executors or Administrators , shall think good : That then it shall and may be lawful , to and for such of them the said Copartners , their Executors or Administrators , upon three Months warning to have , receive and take forth , out of the said joynt Account , Stock and Gains , in ready Money , such principal Sum and Sums of Money , by them the said Copartners respectively lent to the said joynt Account , or such Part thereof , as he or they , lending the same shall think fit . And also that it shall The Interest to be allowed . and may be lawful to and for the said A. B. C. D. E. F. and G. H. or any of them respectively lending any sum or sums of Money , as aforesaid , for and during so long time , as the said Sum or Suins of Money , or any Part thereof shall remain or continue , in the account of this Copartner-ship , and not payed , or taken from thence , unto or by him , or them so lending the same , to take out of the said Accompt , Stock and Gains of this Copartner-ship , and be allowed the same , after and according to the Rate of six pound the hundred yearly , for the Interest and Vse of every hundred pounds , to be lent as aforesaid ; and so after and according to the same Rate of six pound sterling the Year , for longer ▪ or lesser time than a Year ( or for a greater or lesser Sum ) as the said principal Money lent , or any part thereof shall remain and continue , in and upon the Account of this Copartner-ship as aforesaid : The same allowance of six pound the hundred to be taken out , by every or any the said Copartners , respectively leading any Sum or Sums of Money to the said joynt Account , as aforesaid , half yearly without any lett or impediment whatsoever . Not to ingage themselves without consent .

( 32. ) And further that none of them the said Copartners , shall at any time or times hereafter , during this Copartner-ship , without the special license or agreement of the other of them first had and obt●ined in Writing in that behalf , enter into Bond , or become Bail or Surety to or for any Person or Persons whatsoever , for any matter , cause or thing whatsoever , not being for the proper use and accompt , of this Copartnership , above the Sum of One hundred pound , which shall be owing , or undischarged at any time .

( 33. ) Nor that any of them the said Copartners , Not any of them to use any single trade . shall at any time or times hereafter , during the said term , covertly or apparently , directly or indirectly , use or exercise any kind of Merchandize , or Trade whatsoever , to or for his , or their own private or particular use or behoof , with any Person or Persons whatsoever , The gains whereof shall not or may redound to the said Copartners , their Executors or Administrators , or the Survivors or Survivor of them , in case any of them , shall happen to decease , before the Exspiration of the said Term of four Years , rateable and proportionable , according to the intent and true meaning of these presents .

( 34. ) And further , that none of the said Parties Not to consign goods beyond Sea without consent . shall or will , at any time or times hereafter , during this Copartner-ship , consign or send over beyond Seas any Goods , Wares or Merchandizes whatsoever belonging to the said joynt Account , to any place or places there whatsoever , other than what the greater number of the said Copartners shall conclude and agree upon . Differences during the Copartnership , how concl●ded .

( 35. ) And that all differences arising in , about , or concerning the said joynt trade , and the managing thereof , which shall from time to time , during this Copartner-ship arise or happen , shall be decided and concluded according to , and by the advise and direction of the Major Part of them the said Copartners .

( 36. ) And the said A. B. for himself , his Executors Covenants by A. B. and Administrators , and for every of them , doth covenant and grant to and with the said C. D. E. F. and G. H. and every of them , their and every of their Executors and Administrators , by To assist in the taking up of Money . these presents , in manner and form following : That is to say , That the said A. B. shall and will from time to time upon request , during this Copartner-ship , be aiding and assisting , what he may unto the said C. D. and E. F. in and for the taking , borrowing and advancing of any Sum and A. B. in regard the rest are to transact the whole affair to allow , &c. Sums of Money , for the said joynt Accompt here in England by Bond or otherwise .

( 37. ) And also , that he the said A. B. in consideration that the said joynt business , is to be wholly acted and performed here in England , by the said C. D. and E. F. and beyond Seas , by the said G. H. and by such other Person or Persons , as for the time being shall be hired and imployed , by the said Copartners , in the said Parts beyond the Seas ; where none of the said Copartners , except the said G. H. is to reside , shall and will , out of his own proper , private and particular estate , and not out of the said Account , over and above the payments and allowances by him to be payed , and allowed as aforesaid , well and truly pay and allow yearly , during the said Copartner-ship , unto the said joynt Accompt the Sum of , &c. of lawful moneys of England , to be payed altogether , at the end of this Copartner-ship , or at the decease of the said A. B. in case he shall happen to decease in the mean Time .

( 38. ) Provided alwaies , and it is further covenan●ed , How he Part of such as dye during the four Years shall be disposed . granted , concluded and agreed by and between the said Parties to these presents , and each and every of them , by and for himself , his Executors and Administrators , covena●teth and geanteth to and with each and every of the other of them , his Executors and Administrators , by these presents , severally and respectively , that in case any of the said Copartners shall happen to decease , before the Expiration of the said term of four years , and within three Months , next after the Account shall be ageeed upon , and ballanced between the said Copartners , or Survivors of them : That then the Survivor or Survivors of them the said Parties , in full of the Part and Proportion of him , or them so dying in and to the said stock of Twenty thousand pounds , and the gains , benefit and increase , thereby then gotten and arisen ( Moneys lent to the joynt Account excepted ) shall and will only be lyable to pay , and shall and will pay unto the Executors or Administrators of the Partie so dying ▪ within the said term of four Years , and within three Months , after ballance of the said Account ( the said Executors or Administrators first making good to the said joynt Account the charge of him so deceased ) so much lawful Moneys of England , as by the last ballance of Account ( then before made up and agreed upon between the said Copartners ) shall be due and coming to such of them the said Copartners respectively dying as aforesaid , within six Months after such decease ( the said Executors Allowance for desperate Debts , &c. or Administrators respectively there out allowing and abating to the surviving Copartners , for and towards the losses that may happen to the said surviving Copartners by desperate and bad Debts due to the said joynt Account , so many times fifty pound of lawful Money of England , as half years or six Months of this Copartner-ship shall remain then unexspired , at the time of such decease . ) And further , that in case any of the said Copartners shall decease before the End or Exspiration of the said term of four Years and full three Months after ballance of Account as aforesaid : That then the Part of him , or them so dying , shall run on upon Account , and be imployed by the Surviving Copartners in the said joynt Trade , until the next ensuing Time agreed by these presents for ballancing of the Account : And that the Surviving Copartners , in full of the portion , part and share , of him or them so dying of , in and to the said joynt-stock of Twenty thousand Pound , and the benefit and increase thereby then gotten and arisen ( Money lent to the said joynt Account excepted ) shall and will only be lyable to pay , and shall pay , upon such decease , within six Months , after the Account ballanced and made up , unto the Executors or Administrators , of such of them the said Copartners ( dying within the said Term of four Years , and after full three Months ballance of Account ) the same Executors or Administrators first , respectively making good to the said joynt Account the charge of him or them respectively Deceased , so much lawfull Moneys of England , as by the said next ballance of account to be made up by the survivors of them the said Copartners , shall justly and truly appear to be due and coming to such of them the said Copartners so deceasing , as fully as if the Parties were living : the said Executors or Administrators , respectively thereout allowing and defalking unto the said surviving Copartners , for and towards the losses that may happen to the said surviving Copartners , by and through desperate and bad Debts , due to the said joynt account , so many times fifty pound of lawful monys of England as half years , or six months of this Copartnership shall remain then unexpired , at the time of such decease .

( 39. ) And also , that such of them the said To save harmless Executors of Party dying . Copartners surviving , shall and will save and keep harmless and indempnified , the Executors or Administrators of such of them the said Parties so deceased , of and from all Bonds , Bills , Debts and Ingagements , wherein and for which the Party so deceasing , at the time of his decease stood bound or ingaged by virtue of this Copartnership .

( 40. ) And it is further Covenanted , concluded The remaining Stock to proceed , &c. and agreed , by and between the said Parties to these presents , and each and every of them , by and for himself his Executors and Administrators , Covenanteth and granteth to and with the other of them , his Executors and Administrators respectively , by these presents in manner and form following : that is to say , That if any of them the said Parties shall decease , as aforesaid , within the said Term of four years ( satisfaction for his Stock , part and share being made as aforesaid ) that then the remaining Stock , with all other the said joynt Trade and Account , shall run on and continue during the residue of the said term of four years , by and between the survivors of them the said Copartners and each of them to have a ratable part and proportion of the same , and of all gains and loss thereby arising .

( 41. ) And further , that at the end and expiration of the said Copartnership , and term of four years , or within three months next ensuing , To make a perfect account and division , at the end of the Copartnership . the said Copartners being all living , or the survivors , in case any of them shall be deceased , shall and will meet and come together here in England , and adjust and make a true and perfect account , at or in the Dwelling-house of the said E. F. for the time being , or where for the time being the said joynt Trade shall be chiefly used here in England , by and between all the said Parties or survivors of them , as well for and concerning all their several dealings and charges , for and about the said joynt Trade and account of all such Moneys , War●s , Goods , Merchandizes and Debts , that then shall be due , ●wing or appertaining to the said joynt Trade and Account , and unto them the said Parties by reason thereof ▪ and of , for and , concerning all and every the gains , losses , profits and cha●ges , of or by the said joynt Trade arising , growing , happened or sustained , in such particular manner , as it may appear what the true state of the same then shall be , and what proportion and how much , to every of them the said Parties shall be them due , belonging or appertaining , and shall and will also within the said time or space of three Months Division of the Wares . next ensuing the expiration of this Copartnership by equal lots , or other dividend divide all Cloaths , Wares and Merchandizes between them , then remaining unsold or disposed of , and belonging to the said joynt account ,

( 42 ) . And , that immediately , and with all Debts to be paid or secured . convenient speed then afterwards , all and every Debts and sums of Mony due by the said joynt account , or by them the said Parties by reason thereof , shall be duly payed , satisfied and discharged , or otherwise equally secured by the Bonds of them the said Copartners or survivors of them , in case the said Debts cannot in convenient time be payed , as aforesaid .

( 43. ) And as for and concerning the remainder Division of the Debts , and ready Mony . of the said Stock of twenty thousand pound , and all gains , profit and advantage by the Stock accruing , whether the sams shall consist in Debts or ready Mony , or both ( the Moneys lent and added to the said Stock , by any of the said Copartners , with the interest thereof then due , being first payed and satisfied ) the said remaining Moneys and Debts , being divided into equal parts and proportions , according to the number of the said Copartners , or such of them as then shall be living ; the same shall by Lots cast , or some other way , as they shall think fit , be distributed to the said Copartners , or such of them as shall be then living , whereby each of them may have a ratable part and proportion of the said Stock ▪ and of all clear gains and profit thereby arising .

( 44. ) And also , that every of the said Parties , Power to Recover Debts . his Executors and Administrators , for the better recovery of such Debts and sums of Mony , as at the end and determination of the said term of four years , shall be due and owing by reason or means of the said Copartnership : and as shall happen , or fortune to be allotted or divided , for or towards the parts or portions of the other of them : shall and will at any time , upon the reasonable request , and at the cost and charges of such others of them , to whom such Debts shall be allotted , as aforesaid , make o● cause to be made unto him or them such sufficient Letter and letters of Attorney for and touching the Recovery and receipt of the said Debt and Deb●s , and every part thereof to the proper use and behoof of him and them to whom the same shall be so allotted and divided as aforesaid , as by such of the said Parties to whom such Debts or sums of Mony shall be allotted or divided , his or their Executors or Administrators , or his or their Counsel learned in the Law , shall be reasonably devised , advised or required .

( 45. ) And it is expresly condescended and agreed No respect to be had to Survivorship . by and between the said Parties to these presents , and each and every of them , by and for himself , his Executors and Administrators doth Covenant and grant to and with each and every of the other of them , his Executors and Administrators , by these presents , in manner and form following : that is to say , That no right of survivorship shall take place or effect , or be put in ure , in or for any matter or thing , touching or concerning this joynt Trade , or occupying against any other of them , or any of their Executors or Administrators , but that it shall and may be lawful , to or for any of the said Parties , to leave , devise and bequeath , in and by his last Will and Testament , or otherwise , all his said part , portion and share , of and in the said stock and gains , according to such dividend as is aforesaid , and the true intent and meaning of these presents .

( 46. ) And moreover , that if any ambiguity , Determination of Controversies . doubt , question or controversie , at any time or times hereafter , shall happen to arise or grow between the said Parties , his or their Executors or Administrators , or any of them , for , touching , or concerning the said Copartnership , or any matter or thing in these presents contained , or otherwise howsoever touching the same , that then and so often , each and every of the said Parties , his Executors and Administrators , for his and their parts upon request , to each of them , his or their Executors or Administrators to be made , by the Party or Parties grieved , shall and will from time to time , commit the ordering , hearing and deciding of such ambiguity , doubt , question or Controversie , to such indifferent men , being Merchant-Adventurers , as shall be named by the said Parties : that is to say , Each of them one ▪ down in the premisses in writing under their hands and seals , within one month next after notice of any such doubt , ambiguity , question or Controversie unto them made or given : And if such persons cannot agree nor make and set down any such order and direction , within such time as is before limited , that then and so often in every such case , each and every of them the said Parties his Executors and Administrators shall and will stand to and abide such order and direction , touching and concerning such ambiguity , doubt , question or controversie , as by the Governour of the Company of Merchant-Adventurers here in England , for the time being , shall be made and set down within three Months next after such time , as Petition or Suit , by the said Parties or any of them , to the said Governour in that behalf shall be made .

( 47. ) And further , it is condescended , concluded None to be chargable for anothers offence and agreed by and between the said Parties to these presents : and their true intent and meaning is , That none of the said Parties , nor the Executors or Administrators of any of them , shall at any time or times be charged or chargable by virtue of these presents , or any Covenants , matters or things herein contained , further than that every of them the said Parties , his Executors or Administrators shall stand or be charged , for his and their own proper offence and breach of Covenant , and not for the offence , or breach of Covenant of any other of the said Parties , his Executors or Administrators , any thing before contained to the contrary notwithstanding .

( 48. ) And finally , that none of them the None to do any act to defeat the true meaning hereof . said Parties , nor any of their Executors or Administrators , shall or will , at any time or times hereafter , make , do , commit , or omit to be done , wittingly or willingly , any act , deed device or thing whatsoever , to the end or intent to defeat or defraud in part , or in all , the true intent and plain meaning of these presents .

In witness , &c.

Another form of Copartnership between four Citizens , touching Merchandizing : forraign and domestick .

( 49. ) THis Indenture made , &c. Between A. B. of , &c. on the first part , C. D. of , &c. on the second part , E. F. of , &c. on the third part , and G. H. of , &c. late Servant of the said A. B. on the fourth part : Witnesseth , that the said A. B. C. D. E. F. and G. H. in consideration of the Their conjunction in Copartnership . trust , confidence and good opinion , which every one of them the said Parties formerly had , and yet hath and reposeth in the other of them : Have joyned together to be Copartners in the Trade of Merchandizing : that is to say , In buying , selling , uttering , vending and retayling of all sorts of Wares , and other kind of Bussness to the Trade of a Merchant , incident , belonging or appertaining . And the said Copartnership to Time of continuance . Several Stocks put into a Schedule , consi●●ing in Wares , Moneys , &c. continue between them , from , &c. for and during the term and space of three whole years , from thence next ensuing , and fully to be compleat and ended ( if all the said Parties shall so long live . )

( 50. ) And to that end , intent and purpose , they the said A. B. C. D. E. F. and G. H. have before the day of the Date of these presents , delivered into Stock [ to be used and imployed in the said trade of Merchandizing , as well in the Territories of England , as elsewhere in several places in the parts beyond the Seas ] in Mony , Cloth . Wares , Debts , Merchandizes adventured abroad and here in England , such several Stock and Stocks , and sum and sums of Mony , as are specified and expressed in a Schedule Incented to these presents annexed , of the peculiar and proper Stock severally put in by , and severally belonging to each one of the said Parties , for their several quantity and proportion being in the said Schedule severally and distinctly set down , mentioned & declared as by the same more fully doth appear .

( 51. ) It is now Covenanted , granted , concluded To continue Copartners during the time . and fully agreed , by and between all the said Parties to these presents : And each one of the said several Parties for himself respectively , and for his several Executors and Administrators , do and doth severally and not joyntly , nor one of them for the other , Covenant and grant to and with each and every other of the said Parties , and their several Executors and Administrators by these presents , in manner and form following : that is to say , That every and each of the said Parties , shall from time to time , during and b● all the said space of three years ( if all the said Parties shall so long live ) continue and abide together , as joynt occupyers and Copartners , and that every and each of the said Parties shall from time to time , during all the said term ( if they shall so long live ) do their and every of their reasonable endeavours and diligence , by all the waies , labors To use their b●st endeavours to advance the Stock . and means that each of them can to the uttermost of his power , wit , skill and knowledge , to and for the benefit , profit and advantage of the said Copartners , with all or so much of the said Stock as shall in any manner of wise come , or be committed to each one of their several charges , dispositions and Government , and the gains and increase thereof .

( 52. ) And it is agreed by and between all the Divisi●n of the Trade said Parties to these presents , and their true intent and meaning , is , That the sa●d C. D. shall manage the business and affairs for , &c. [ naming the places ] in the parts of Spain , during the good liking of the said A. B. and there for the most part reside and have his continuance and being . And that the said G. H. shall manage the business and affairs for Stoad , Germany and those parts , during the good liking of the said A. B. and there he for the most part to reside , and have his continuance and being : and the said A. B. and E. F. shall manage the business and affairs for England .

( 53. ) And it is covenanted , granted and agreed To have equal Part of loss and gain . by and between all and every the said Parties to these presents : That all such gains , profit and increase , as God shall send , and as shall grow and arise by reason of their said Trade , and joynt occupying , as aforesaid , shall be from time to time , during the said joynt occupying , equally and indifferently parted and divided in manner following : That is to say , to every one of the said Parties , their Executors and Administrators , a just equal and rateable Part and Proportion , in and upon every hundred pounds , rateaby and proportionably according to the quantity of each ones several stock , by them severally put in , and appearing in the said schedule , for his and their Part , of the gains , profit and encrease that the same shall amount unto , and also of all such hurt , loss and detriment , as shall happen by the said joynt occupying , by evil debtors , loss of Adventures , or otherwise , which shall be equally born and susteined , without fraud or covin , by the said Copartners in their several Parts and Proportio●s of the said Stock , according to the manner and for● , of the Dividend of the gains aforesaid .

( 54. ) And it is covenanted , granted and agreed The keeping of the Books of Account . by all and every of the said Parties to these presents , and each one of the said Parties respectively for himself , his Executors and Administrators , do and doth severally and not joyntly , covenant , promise , grant and agree , to and with every and each other of the said Parties , his and their several Executors and Administrators , by these presents , That there shall be had and kept from time to time during all the time of their joynt occupying , and Copartnership together , as aforesaid , as well for the Accompt and Affaris here in England , as likewise for the several Accompts and Affairs , severally beyond the Seas , perfect , just and true Books of Accompts , and Reckonings , of all the said whole Trade and Dealing , as much as is in each ones power and charge severally , or in the power of two joyntly , and as relating to and concerning that place or places , and the business and affairs thereunto applying , wherein or whereunto he or they shall be used or imployed , or which shall be had used , or occupied , by reason of the said joynt Tradeing : And that the said A. B. and E. F. shall have the custody and keeping of the Books of Account for England , and of all things concerning the trade for , or in England : And the said C. D. shall have the custody and keeping of the Books of Account , for and concerning the said Trade in Spain : And that the said G. H. shall have the custody and keeping of the Books of Account concerning the trade in Sto●d and Germany : And that every of the said Books shall be according to each ones Power , justly and truly kept , and therein entred and set down all Manner of Goods , Wares and Merchandizes whatsoever , either bought or sold , by meanes or reason of the said Copartnership , and joynt occupying , with all Debts thereof , or therefore fr●m time to time to be made , together with all the gains , profit and increase , that God shall send , and shall come or arise of , from , or by reason of the said joynt occupying , and also of all costs , charges , l●sses and expences , as are or shall be expended , disbuised , sayd forth , had or suffe●ed , by any waies or means , by reason of the said joynt occupying , which said Books shall be used in Common , to and for the use and behoof , of every and each of the said several Parties , their and every of their several Executors and Administrators to have free Access and Recourse unto , without the lett or interruption of each other , or the Executors , Administrators or Assigns of each other .

( 55. ) And also that every and each of the said To make each other privy to all the affairs . Parties shall from time to time , during all the time of their said joynt occupying and Copartnership together , as aforesaid , shew and make privy unto the other , and such of the Servants and Apprentices of each other , that shall attend upon the said Trade , the Particulars of all the affairs and dealings of the said Trade , or that are needful and necessary thereabouts to be made known and manifest .

( 56. ) And also that every and each of the said To accompt every year . Parties twice in every Year , yearly during the said Term , or oftner , if need require , at or upon the reasonable request of any of them unto the other , shall and will to the best and uttermost of each ones power and knowledg , and as much as in them , or any of them lyes , make , yield , render and perfect unto every and each other , or to the Executors and Assigns of every and each other , at or in the City of London , a just true and perfect Account and Reckoning , of all the said Stock and Stocks , in the said schedule mentioned , of all such Goods , Wares , Merchandizes , and ready Money , as at any time hereafter , during the said joynt Trade and occupying , shall come to any of their several hands , occupying , custody or governance , or to the hands of any other Person or Persons , to their or any of their several or joynt uses , or by their or any of their several or joynt deliveries or appointments , or by the delivery or appointment of any the Factors , or Servants of them , or any of them , by reason of the said joynt occupying : and also of all the Gains , Profit and Increase that God shall send of the same Stock and Stocks , Goods , Wares , Merchandizes , and ready Money , or otherwise , by reason of the said joynt occupying : And also of all such debts and duties , as shall be owing to t●e said Parties , or any of them , and b● them , or any of them , to be owing to any Person or Persons , by reason of the said joynt occupying , and that upon the perfecting and finishing of every such Account , all the said Parties , their Executors and Administrators , shall subscribe their Names to the same ; Witnessing , each ones Consent and Agreement thereunto , for avoiding of all Doubts and Questions , which otherwise might happen to ensue .

( 57. ) And further , That it shall and may Free recourse to the Books of account . be lawful to and for every and each of the said Parties , and the Executors , Administrators , Servants , Factors , and Assigns of them , and every or any of them , at all convement and seasonable Time and Times , during all the time of their joynt occupying , at the Liberty and Pleasure of any of the said Parties , their or any of their Executors , Administrators , Factors or Assigns , to have Access , and Recourse , to the Books of Account and Reckoning , and to the Notes and Remembrances appertaining to the same , any wise touching or concerning the said Trade and joynt Occupying , and to search , peruse and examine the same for the better tryal and finding out and discovery , how and in what sort and condition , the said Trade and joynt Occupying doth and shall from Time to Time proceed and stand .

( 58. ) And it is further Covenanted , concluded Bills and Contracts beyond Sea , in whose name . and agreed by and between the said Parties to these presents , and every one of the said Parties before-named , for himself respectively , and for his several Executors and Administrators , do and doth severally and not joyntly , promise , grant and agree , to and with the other of them , his and their Executors , Administrators and Assigns , by these presents , That no Bill , Writing , Contract or Bargain shall be made at any time , during their said joynt occupying together in the parts beyond the Seas , for any matter touching the said joynt Tra●e , otherwise than in the name of the said A. B. if the same with reasonable conveniency may be done : And that there shall no private No private Trade to be permitted . occupying or trade of Buying or Selling be had , used or occupied by any the said several Parties , their Factors , Servants and Apprentices , or any o● them , or by any other , to or for their or any of their uses , benefits or behoofs , in any wise or condition whatsoever , at any time or times during the time of their said Copartnership , to the hurt or injury of the said joynt trade , other than such , as that the gains , Commodity , advantage and profit thereof , shall equally be to the use of them the said A. B. C. D. E. F. and G. H. proportionably , according to the rate and proportion of their several Stocks before-mentioned : saving that it shall and may be lawful to Exception . and for the said A. B. at his liberty and pleasure , with his overplus of Stock at any time or times during this Copartnership to use a trade to and for the East-Indies : And saving that it shall and may be lawful , to and for all the said Parties , during the term of their said joynt Trade to deal with and for other men , with whom they shall in no wise have any Partnership : and which shall not hinoer or any way prejudice the said joynt Trade : and to receive the Factorship for such their dealing to their own proper uses : any thing herein before contained to the con●rary notwithstanding .

( 59. ) And it is further Covenan●ed , granted Account to be made at the end of the Copartnership . concluded and agreed , by and between the said Parties to these presents : And each one of the said several Parties for himself respectively , and for his several Executors , Administrators and Assigns , do and doth interchangably , and respectively , and not joyntly , Covenant , grant and agree to and with the other of them , his Executors , Administrators and Assigns , by these presents , That they the said A. B. C. D. E. F. and G. H. their , and every of their Executors and Administrators , shall and will within the space of three Months , next ensuing the end , determination or dissolution of the said Copartnership , whether the same be by expiration of the said term of three years , or by the death or decease of any the said Purties , which soever of the same shall first happen , at the request of every or any of them unto the other , or the Executors or Administrators of any of them , unto the other , make , yield , render and perfect every one of them unto the other , at the now dwelling house of the said A. B. scituate in , &c. a just , true , perfect and final account and reckoning , in writing , to the uttermost of every and each mans power , and knowledge of all and every the said Stock and Stocks mentioned in the said Schedule , and of all the gains and increase loss and damage , which God shall send , and which shall grow or be to the same ; and of all Goods , Wares , Merchandizes and Commodities , before that time , had , bought , sold , or dealt in , with the said Stock and Stocks , and gains aforesaid : and of all Debts , made and being due , sum and sums of Mony , received and payed out by means , or in respect of the said joynt Trade ; and generally of all Buying , Bargaining , Selling , Trading and Merchandizing by the said Parties , or any of them , with the said Stock and Stocks , and gains and increase thereof aforesaid .

( 60. ) And , that then upon the perfecting and Dividend to be made . finishing of the said final account , so , as aforesaid , to be made and done [ the Debts , Duties and other Charges to be then owing or payable by the said Parties , or any of them , for , and in respect of the said joynt Trade , being then first and before all things there-out , payed , deducted and allowed , and likewise the losses , if any be , to be in like proportion born and sustained ] all and every the Stock and Stocks in the said Schedule mentioned , then remaining , and the Gains and Increase , which God shall send , and shall appear to become and growing thereof , or by reason of the Trade aforesaid , whether the same shall consist in Money , Wares , Debts or otherwise , shall be indifferently parted , shared , payed and divided , to and amongst the said Parties , their Executors and Administrators in kind proportionably and ratably , without fraud , deceipt or diminishing in that full measure , as each ones several Part shall justly and truly , in a true reckoning and computation thereof arise and amount unto upon every hundred Pounds , thereof , according to the quantity of each ones several Stock and Stocks in the said Schedule appearing and mentioned , and according to the plain true intent and meaning of these presents .

( 61. ) And that such Part and Portion of the Debts due how to be disposed . said Stock and Gains , as shall upon the perfecting of the said final Accompt appear to be and consist in Debts and Duties due and owing to the said Parties , or any of them , shall also from time to time , as the same or any of them shall be recovered or gotten in by the said Parties , or any of them , be also parted , shared and divided to and amongst the said Parties , according to the like Order , Rate , Division and Proportion , as is before herein expressed and set down : And that Each to do his best endeavour and bear a ratable part in the charge , for getting in of Debts . the said Parties , and every of them , their Executors and Administrators , immediately upon the perfecting and finishing of the said final account , partition and divisson , as aforesaid , shall and will do their , and every of their Endeavours , by all the lawful wayes and meanes , that they or any of them , may or can , for the more speedy recovery and getting in of all and every the said several Debts and Duties , from time to time to be due or owing to them , or any of them , as part of the Gains , and Stock aforesaid : and that the charges of suing for and getting in of the said Debts and Duties , from t●●●e to time , shall be born and payed , by all the said Parties rateably , according to the quantity of their several Stocks and Gains aforesaid .

( 62. ) And that if it shall happen , any of the No right of Survivorship to take place said Parties , to dye or depart this life , during the said Copartnership : That then in any such case , no right of S●rvivor or Survivorship , shall hold or take place , or be b● them , or any of them challenged , claymed or demanded in any wise , but that they the said Parties , and every of them , shall and may lawfully give . dev●se , dispose and distribute his and their Parts and Portions of the said Stock and Stocks , ●ains and Increase to them severally and properly to belong , and be due and belonging by the true intent and meaning of these presents , by their or any of their last Wills and Testaments , or by any other guile or device , as fully and amply , as they or any of them could or might do , of their own proper Money or Goods , not pertinent to this joynt Trade or Account : And likewise that the Executors and Administrators of every such Person and Persons so dying may have and enjoy his and their sull rateable Part and Portion of the Stock and Stocks aforesaid , and of the Gains and Increase thereof according to the true intent and meaning of these presents , without any lett , trouble , hinderance or interruption of any other of the said Parties surv●ving : any Vsage , Law , Custom , or other impediment to the contrary thereof notwithstanding .

( 63. ) And that all and every the said Parties To assist each other in obteining their Parts . before mentioned , their Executors and Administrators , at all times d●ring the continuance of the said Copartnership , and afterwards until the end of the whole bussiness shall be fully finished , and brought to perfection by all the good ways that they possibly can , shall be a●ding and assisting unto each other their Executors and Administrators , for the ob●eining and speedy getting of every and each ones private and particular Part and Portions , to him or them to be due , upon the Partition or Division aforesaid , and that without fraud or covin .

( 64. ) And each of the said Parties for What to be allowed upon the joynt stock , What not ? himself , his Executors and Administrators , doth covenant and grant to and with the other of the said parties his and their Executors and Administrators , by these presents , That it shall not be lawful , for the said Parties , at any time during the said Copartnership , or any of them , to take out or diminish any Part of the said joynt Stock , or any the Gains or Increase thereof , other than such Sum and Sums of Money , as hereafter in and by these presents , is licensed and allowed : And that no charge shall in any wise be put to the Account of the said Copartnership , but such as shall be for the merchandizing in Trade and occupying of the Stock and Stocks aforesaid , and the Gains and Increase that of and concerning the same shall come , arise or increase [ unless it be for convenient House-room , and Warehouse-room in the parts beyond the Seas , and for the suing for , and getting in of Debts and Duties belonging to the said joynt Trade , and other necessary Charges belonging to Merchandize behooveful for their joynt occupying , which are to be born by the general account of the said joynt Trade . ] And that the Charges of Warehouse-room , Dyet , Lodging , and such like , for the time any of the said Parties shall be within the Citie of London , during the time of the said Copartnership , shall be upon the particular and sole Charge of the said A. B. his Executors or Administrators .

( 65. ) And it is Covenanted , granted , concluded Allowance to Copartners . and agreed by and between all the said Parties to these presents , and each one of the said Parties for himself respectively , and for his several Executors and Administrators , do and doth Covenant and grant by these presents , that he the said C. D. by way of further Recompence , his Executors and Administrators shall every year , for and during all the time of the said Copartnership , be allowed out of the said joynt Stock , and general account , the sum of One hundred eighty four pounds per annum , of lawful Moneys of England , over and above all other his gains and allowance herein before-mentioned : One hundred pound yearly whereof , it shall and may be lawful to and for the said C. D. to take out of the said joynt Stock , to use , spend , bestow and convert , at his own free will and pleasure , and that he the said C. D. shall leave yearly the residue , being the sum of Eighty four pounds , to rest , remain and run to and in use , to and with the said general Stock , during the said Copartnership , the profit and loss of which said Eighty four pounds to be divided to and amongst the said Copartners in like manner , according to the division and proportion of their several Stocks aforesaid : and the said Eighty four pounds yearly , together with so much of the said yearly sum of One hundred pounds not formerly taken out , at the end and determination of the said Copartnership shall be to the said C. D. his Executors and Administrators , fully satisfied and payed , or otherwise by him the said C. D. his Executors or Administrators , out of his account to be deducted and defalked : and that the said G. H. his Executors and Administrators , by way of further recompence yearly , and every year , for and during , &c. pro ut supra for C. D. [ and so for the rest . ] Any matter or thing before in these presents contained , to the contrary in any wise notwithstanding . The manner of composing differences .

( 66. ) And finally , it is Covenanted , granted and agreed by and between all the said Parties to these presents , That if it shall fortune any variance , suit , difference , doubt , controversie , discord or contention to happen , grow or be moved , by and between the said Parties or any of them , or the Executors or Administrators of them or any of them , for , upon or by reason of the said Trade , and joynt occupying , or any matter or thing thereupon depending , or upon or by reason of any matter or thing in these presents contained or expressed , That then and so often from time to time as the same shall happen , and before any suit , arrest or trouble , shall be attempted or begun by them or any of them , against the other , All and every the said variances , differences , strifes , doubts , controversies and contentions , shall from time to time be referred and submitted to the hearing , order , award and determination of four honest Persons , being of the Company of Merchant-adventurers of England for the time being , whereof one shall be chosen by the said A. B. his Executors or Administrators , one other by , &c. [ naming the rest ] as Arbitrators , in and for all and every the premisses , if they shall be content to undertake the variances , strifes and contentions so to them to be referred within the space of one month next after such reference and submission to them made : And further , that they the said A. B. C. D. E. F. and G. H. and every of them , their and every of their Executors and Administrators respectively , for their several and particular parts , shall and will from time to time stand to ▪ abide , obey , perform , fulfil and keep all and every such end and ends , determination and judgment , as by the said four Persons so , as aforesaid , to be chosen , shall from time to time be had , made and given in writing , for and in behalf of the said Parties , as touching any the variances or differences aforesaid .

In witness , &c.

Another form of Copartnership between two Sales-men , as to matters here in England only .

( 67. ) THis Indenture made , &c. Between A. B. of the one part , and C. D. of the other part : whereas the said A. B. is p●ssest by Leas● One le ts part of his house to the other . for divers years ye● to come , of , and in all that Messuage , or Tenement , with th' appurtenances , called by the name of Kings-Axms , scituate and being in Birching-lane , London , now in the occupation of the said A. B. And whereas the said Parties are agreed to be Copartners in the An or Trade of a Salesman , and in buying and selling of Apparel , and other things belonging to the said Trade .

( 68. ) Now witnesseth these presents , that By way of Covenant . the said A. B. for himself , his Executors , Administrators and Assigns , doth Covenant , promise , grant and agree to and with the said C. D. his Executors , Administrators and Assigns by these presents , that he the said C. D. shall have , hold and enjoy the several Rooms hereafter mentioned , being part and parcel of the said Messuage : That is to say , &c. [ naming the Rooms ] And also free liberty of ingress , egress and regress to and from the said Rooms , and premisses , at all convenient and seasonable times , for the term of three years , commencing from the Feast day of St. Michael Th' archangel next enli●ing the Date of these presents : yeilding and paying therefore yearly unto the said A. B. his Executors , Administrators and Assigns , the yearly sum of Ten pound of lawful Moneys of England , at four usual Feasts or terms in the year , that is to say , &c. by even and equal portions . And the said C. D. for himself , his Executors and Administrators , doth Covenant and grant to and with Liberty to view the reparations . the said A. B. his Executors and Administrators by these presents , That he the said C. D. shall and will from time to time , during the said term , permit and suffer the said A. B. and all those of whom he holdeth the said Messuage , their Heirs , Executors and Assigns , and their workmen to enter , and come into and upon the several Rooms aforesaid , to view , search and see the estate of the same .

( 69 ) . And this Indenture further witnesseth , Covenant to be Copartners for three years . That the said A. B. and C. D. for the good liking and opinion , and special trust and confidence which each of them hath and reposeth of , and in the other of them , and for the advanceing of their Estate , are contented and agreed , and do by these presents Covenant , grant and agree , each of them to and with the other of them , his Executors and Administrators , that they the said Parties shall be and continue Copartners together , and joynt dealers in the Art or Mistery of a Salesman , and the making and selling of all sorts of Apparel for Men and Women , and in the buying and selling of all things thereunto incident and belonging , from the Feast day of Saint Michael Th' archangel , next ensuing the Date of these presents unto the end and term of three years , from thence next ensuing , and fully to be compleat and ended ( if the said Parties shall both of them so long live : ) the said Copartnership to be kept and used in the Shop and Ware-house belonging to the above-named Messuage .

( 70. ) And for the better managing of the said The Stock to be brought in by each . joynt Trade , they the said Parties to these presents , have agreed to make up , bring in , and put together the sum of Four hundred pounds of lawful Moneys of England : of which said Stock , the said A. B. is agreed for his share and part , to bring in the sum of Two hundred pounds of lawful Moneys of England ; and the said C. D. is agreed to bring into the said Stock for his part and share of the said joynt Stock , the like sum of Two hundred pounds of like lawful Moneys of England , being the residue of the said Four hundred pounds , and they the said Parties shall and may bring , and put into the said joynt Trade , such further addition of Stock , as they the said Parties shall think fit . It is now therefore Covenanted , granted and agreed , by and between the said Parties to these presents , and each of them by and for himself , his Executors and Administrators , doth Covenant , promise , grant and agree , to and with the other of them by these presents in manner and form following : that is to say , That each of them the said Parties shall and will , on or before the sixth day of , &c. now next ensuing , bring and put into the said joynt Stock and Trade , each the sum of Two hundred pounds a piece , as aforesaid , being his said respective part and share of the said joynt Stock .

( 71. ) And that the said joynt Stock of Four Imployment of the Stock . hundred pound , and such further addition of stock as they the said Parties shall bring and put into the said joynt trade , and all the proceed , gains and increase , which shall be acquired or gotten , by reason or means of the imployment of the said joynt stock , and additional stock in the said joynt trade : ( except a weekly allowance of Thirty shillings to each of them the said Parties for their particular Houshold expences , to be taken out of the said gains ) shall be from time to time , during the said Copartnership , continued , used and imployed i● the said Copartnership and joynt Trade , to and for the use , benefit and behoof of both the said Parties to these presents , as is here-under mentioned , and shall not be taken out , converted , used or imployed by either of the said Parties , to or for any other use , intent or purpose whatsoever .

( 72. ) And , that each of them the said Parties Both to endeavour to advance the Trade . Where the Trade shall be used . Each to be true and faithful to the other . Each to have thirty shillings a Week . All transactions to be in both their names . shall from time to time , during the said Copartnership , diligently apply and endeavour himself in the managing of the said joynt trade , and to advance the same , and the gains and increase thereof , for the equal benefit and advantage of both the sai● Parties :

( 73. ) And that neither of them the said Parties , shall use the said Trade in any other place , but only in the said Messuage , during the said Term , nor shall use or exercise the said Trade , with any other Stock , but only for the benefit of both the said Parties : And that each of the said Parties shall be true , just and faithful to the other of them , in all his Buyings , Sellings , Dealings , Doings and Imployments , in and about the said joynt Trade , and that each of the said Parties shall and lawfully may take out of the said joynt Stock and Gains , and have the weekly Sum of thirty shillings for his particular charges of House-keeping .

( 74. ) And that the said joynt Trade shall be managed and driven , and all Buyings , Sales , Receipts , Payments , Bills , Bonds , Specialties and other Assurances to be had , made or taken for any matter or thing touching the said joynt Trade shall be from time to time , during the said Copartnership , entred , had , made and taken in the joynt names of both the said Parties to these presents .

( 75. ) And that neither of them the said Parties Neither to become bound with any other Person . shall at any time during the said Copartnership , become bound or bail , or surety , or otherwise ingage himself with or for any other Person or Persons , for any Debt or Duty , Matter or Thing not concerning this Copartnership , without the license or consent of the other of the said Parties first had in that behalf in Writing under his hand : Nor shall at any Time during the said Copartnership compound , release or discharge any Debt or Duty , which shall be due or owing to the said joynt Trade : without the consent of the other Nor to release Debts , &c. without the others consent . The stock not to be attached for particular debts of either . of them the said Parties first had in that behalf : Other than so much thereof as shall be brought into the said joynt Stock , within four Dayes next after such Release made or given for the same .

( 76. ) And that the joynt or additional Stock aforesaid , or any of the Gains or In●●ease thereof , shall not at any Time , during the said Copartnership , be attached , seized , extended , or taken in execution , for or in respect of the private or particular Debt or Debts , Duty or Duties of either of the said Parties not concerning this Copartnership : But that such private and particular Debt and Debts , Duty and Dutys shall be payed and satisfied by him or them the said Parties whose Debt or Dutyes the same is or shall be out of his own particular State not included in the said Copartnership .

( 77. ) And that neither of the said Parties Not to retain Apprentices without consent . shall at any time during the said Copartnership , retain or keep any Servant or Apprentice to be imployed in the said joynt Trade , without the consent of the other of them the said Parties first had and obteined in that said behalf .

( 78. ) And that if either of the said Parties Not to sell upon trust without consent shall at any time hereafter , sell or deliver upon Trust or Credit , any Wares or Commodities , of or belonging to the said joynt Trade , without the Co●s●nt of the other of the said Parties , then such of them the said Parties , which shall sell or deliver the said Goods or Wares shall within six Months next after such Sale or Delivery made , pay in unto the said joynt Stock so much of lawful English Money , as each and every such Parcel of Wares shall be sold for , if the Person or Persons to whom such Sail or Delivery shall be made , shall not in the mean Time pay and satisfie for the same .

( 79. ) And further it is agreed by the said A B. Discharge of Assessment for the Messuage . that he the said A. B. shall and will from time to time during the said Copartnership , at his own costs and charges bear pay and discharge , all Tithes or other Duties due and payable to the Parson for the aforesaid Messuage , and all Assessments for relief of the Poor of the Parish , so that the same Assessments exceed not more than the said A. B. now payable and is assessed for the same . And moreover it is mutually condescended and agreed The dividend of the stock and gaines . by and between the said Parties to these presents : and each of them for himself , his Executors and Administrators doth covenant and agree to and with the other of them , his Executors and Administrators by these presents : That each of them the said Parties shall from time to time , during the said Copartnership , have a several and equal Part , Right , Title and Interest in and to the said joynt Stock , and Proceed of the same , and in and to all and every the Gains and Increase , which shall be made , raised or gotten in , by reason or means of the said joynt trade : That is to say , the said A. B. in and to the moyety , or one half Part thereof , and the said C. D. in and to the other Moyety , or one half Part thereof : And that each of them the said Parties , his Executors and Administrators shall and may at and upon the Dissolution of the said Copartnership have , receive and take his said respective Share and Part of all the said Premises , to his and their proper use and behoof for ever , in such manner as hereafter in these presents is mentioned No advantage by Survivorship . and set down , without any lett or interruption , of or by the other of them the said Parties , his Executors or Administrators : and without any benefit or advantage to be taken by Survivorship , or by either of the said Parties surviving the other of them : any Law , Vsage or Custom of Survivorship to the contrary thereof in any wise notwithstanding .

( 80. ) And that all Debts and Duties which Losses equally born , and charges . shall be owing by them , the said Parties , touching the said joynt Trade , and all Losses by bad Debtors [ other than such as shall be trusted by either of them , without the consent of the other of them the said Parties ] Decay in Wares , or any other inevitable accident , and all charges and expences for repairing of the said house and shop , and all other charges necessarily arising for any matter or thing touching the said joynt Trade : shall be from time to time during the said Copartnership , born , susteined and payed by and between the said Parties to these presents , equally out of their said joynt Stock and Gains .

( 81. ) And moreover , That they the said Parties To keep shop-books . shall from time to time during the said Copartnership , at their own charges provide , have and keep sufficient and competent Books of Accompt and Reckoning in writing to be always remaining in the said Shop : Wherein they the said Parties shall from time to time , write down and enter , or cause to be written down and entred , the true Particulars of all such Goods , Wares and Merchandizes , that shall be bought or sold , brought in or delivered out , in or touching the said joynt Trade , and of all Sum or Sums of Money , that shall be received or payed , together with the names of all Persons , unto or from whom any such Goods , Wares or Moneys , shall be received or payed , and all other circumstances of Time and Place any wayes conducing to the manifestation of the State and Proceeding of the said Trade : And that each of them the said Parties shall and may from time to time , during the said Copartnership , have free Access and Recourse unto the said Books of Account , to read , peruse , examine and copy out the same at his Will and Pleasure .

( 82. ) And further , That they the said Parties , Every year to perfect the accompt . shall yearly and every year , during the said Copartnership in the Month of September joyn in Accompt together at the said shop : and then and there to make , cast up , and fully finish a true , just , plain and perfect Accompt and Reckoning in writing of , for and concerning the said joynt Trade ; and of and for all Moneys , Wares , Goods , Debts , and other Estate whatsoever , which shall be then in Copartnership between the said Parties , or joyntly owing or belonging to them , and upon the finishing of every such yearly Accompt , they the said Parties shall write and enter , or cause to be written down , and entred into two several Books of Account , the true Particulars of every such Accompt , and shall subscribe their Names in the said Books , at the foot of every such Account entred therein : and upon the subscription of their Names , as aforesaid , each of the said Parties , shall and may have and take to his own use one of the said Books subscribed as aforesaid .

( 83. ) And furthermore , that at the end of the The final account . said Term of three years , if they the said Parties shall be both then living , they the said Parties , shall joyn in Accompt together at the Shop aforesaid , and shall then and there make , cast up and fully finish between them a true , plain , perfect , and final Accompt and Reckoning in ●riting , of , for and concerning the said joynt Trade , and of , and for all Moneys , Wares , Goods , Debts and other Estate whatsoever , which shall be then in Copartnership between the said Parties , or joyntly owing or belonging to them , by reason or means of the said joynt Trade : And of all Debts and Duties , which they the said Parties shall then owe to any Person or Persons .

( 84. ) And upon finishing of the said account , To pay Debts , and divide the remainder . they the said Parties shall forthwith satisfie or take order for the speedy satisfying of all and every the said Debts and Duties , so by them owing : and shall also thereupon make a just and equal partition , allotment , assignment and division between them the said Parties , of all the then residue and remainder of their said partible or joynt Stock and Estate , and increase thereof : [ That is to say , One moiety or half part thereof unto the said A. B. to his own proper use , and the other moiety or half part thereof unto the said C. D. to his own proper use . ] Neither to release a Debt assigned to the other , &c. Each to authorize the other to sue , &c If either die during the three years ; the Survivor to take all ; paying for a moiety to the Executors of the other .

( 85. ) And after such partition , division , assignment and allotment so made , neither of the said Parties , his Executors or Administrators , shall , without the consent of the other of them , receive , release , compound or discharge any debt or duty , which is or shall be assigned or allotted to the other of them respectively , but that each of them the said Parties , his Executors and Administrators , shall from time to time sufficiently authorize the other of them the said Parties , his Executors or Administrators , upon his or their request to sue for , recover , receive and take to his and their own proper use , all and every the debts and duties , which shall be allotted to him or them the said Parties , his Executors or Administrators respectively , making such request .

( 86. ) And further , that if either of the said Parties shall happen to decease before the end of the said three years , and after any yearly account shall be made between them the said Parties , touching the said joynt Trade , That then the Survivor of them the said Parties ▪ shall have and take to his own proper use , all the Moneys , Goods and Wares , which shall be belonging to the said joynt Trade and Copartnership , at the same rate and price the same Goods and Wares did cost , and also all Debts and Duties which shall be then d●e and owing to the said joynt Trade ( except such of them as were trusted by the said deceased Party , without the consent of the said Survivor : ) And in consideration thereof , the said Survivor , his Executors or Administrators , shall pay , or cause to be payed to the Executors or Administrators of the Person so first dying at the Shop aforesaid , so much lawful Mony of England as the part and share of the Party deceasing , of , and in all the said Debts that shall be then owing to the said jont Trade , that were accounted good and spirate Debts : and of , and in all the Moneys , Goods and Wares of the said joynt Trade , did , or shall clearly come and amount unto , by and upon the said yearly Account made between the said Parties , next before such decease ( the Debts owing by the said joynt Stock being allowed for , and defalked out of the said whole Estate : ) The same Moneys to be payed to the Executors or Administrators of the said Party deceased , as followeth : That is to say , One third part thereof at the end of four Months , next after such decease , one other third part thereof at the end of eight Months , nert after such decease , and the remaining third part thereof , at the end of twelve Months next after such decease .

( 87. ) And , that the said Survivor , his Executors How the Moneys shall be secured . or Administrators , shall within twenty Days next after such decease of the other of them the said Parties , become bound in a penal Bond , sufficient in the Law , of double the Principal , and with sufficient Sureties to the Executors or Administrators of the person so first dying , as well for the true payment of the said three several sums , in manner and form aforesaid , as also for the saving harmless , and keeping indempnified , of the Executors and Administrators , Lands , Tenements , Goods and Chattels of the said first Security against joynt Debts . de●easing Party , of , and from all and every the Debts and Duties , which were joyntly owing by them the said Parties at the time of such decease , of , for and concerning the said joynt trade , and of and from all Accounts , Suits , Iudgments , Executions and Demands , for , touching or concerning the same .

( 88. ) In consideration whereof , the Executors The Executors of the Party deceasing to release all demands . or Administrators of the said deceased Party , shall upon receipt of the said Security , sufficiently and in due form of Law , remiss and release unto the said Survivor , his Executors and Administrators , all the part , share , right , title , interest , claim and demand whatsoever , which they the said Executors and Administrators o● the deceased Partie , and every or any of them , have or hath , or may , can , might should or ought to have in , to or out of all and every , or any of the Stock Estate , Mony , Goods , Wares and Debts which were in or belonging to the said joynt Trade , or Copartnership , at the decease of the Party so Except desperate Debts which are to be divided . first dying , or at any time before , except such Debts as were accounted desperate , which by the agreement of bath the said Parties to these presents , for them , their Executors and Administrators , are to be equally divided between the Survivor and the Executors and Administrators of the deceased Party , as they or any of them shall be received or gotten in .

( 89. ) And it is further covenanted and agreed How the Estate is to be divided , if either die before account made . by and between the said Parties to these presents : That if either of the said Parties shall happen to depart this life before any yearly Account shall happen to be made between the said Parties touching the said joynt Trade , that then the surviving Party , his Executors and Administrators shall have and take to his and their own use and b●hoof , all the Moneys , Goods , Wares , Debts and other Estate whatsoever , in or belonging to the said joynt Trade , at the time of such decease , and shall satisfie the Debts joyntly owing by the said Parties , as aforesaid , at the time of such decease , and shall truly pay unto the Executors or Administrators of the first deceased Party , within one year then next ensuing , so much lawful English Money , as the Stock that then shall be brought into the said joynt Trade by the Partie so deceasing did come and amount unto , and that such security shall be given for the same , and for the saving harmless of the Executors or Administrators of the deceased Partie , of and from the Debts and Duties joyntly owing by the said Parties as aforesaid , as is above mentioned to be given for the like purposes , in Case the decease of the Partie so first dying had happened after the making of an yearly Release . Accompt , as aforesaid : And that then also the like Release shall be made and given by the Executors or Administrators of the first deceasing Partie to the surviving Partie , his Executors and Administrators , as is above mentioned .

( 90. ) And the said A. B. for himself , his Touching the Messuage if A. B. do , &c. Executors and Administrators doth covenant and grant to and with the said C. D. his Executors and Administrators by these presents : That if the said A. B. shall happen to decease within the said term of three years , that then the Executors or Administrators of the said A. B. shall within twenty Dayes , next after his decease , demise and grant unto the said C. D. ( if he shall be then living ) his Executors and Administrators , all the said Messuage or Tenement above mentioned , for and during the then Residue of the said Term of three years at , for and under the yearly rent of twenty three pound of lawful Moneys of England to be by the said demise reserved quarterly to be payed , and with such Covenants to be inserted in the said Demise on the Part and behalf of the said C. D. his Executors Administrators and Assigns to be performed and kept , as are conteined in the Lease , whereby the said A. B. holdeth the same , so that the said C. D. do upon the Sealing and Delivery of the said Lease , seal and deliver the Counter-Party thereof , as his act and deed unto the Lessor or Lessors therein named .

( 91. ) And it is covenanted , concluded and agreed How to compose differences . by and between the said Parties to these presents , for them , their Executors and Administrators : That if any Variance , Strife , Difference or Controvers●e , shall at any Time hereafter , during the said Copartnership , or at the end thereof happen to grow , arise , or be between the said Parties , to these presents , their Executors or Administrators , or any of them , upon , touching or concerning their said joynt Trade or any their buyings , sellings , accompts , matters or things relating thereunto , or for , or touching any Covenant , Matter or Thing in these presents conteined : That then and so often they the said Parties to these presents , their Executors or Administrators shall upon reasonable request made by either or any of them unto the other of them before any Suit shall be commenced for , or touching the same , elect , name and chuse two indifferent Persons to hear and determine the same differences and matters of difference , one of which Arbitrators the said A. B. his Executors or Administrators Arbitrators . shall chuse and name . And the other of the said Arbitrators the said C. D. his Executors or Administrators shall name and chuse : And that each of the said Parties his Executors and Administrators shall respectively stand to and abide , perform and keep such award , order , determination and judgment , which the said two Arbitrators shall make and give in writing under their hands and seals unto the Parties subject by these presents thereunto , upon and touching the said differences and matters in difference , so that the said award be made and given , as aforesaid in writing , within thirty Dayes next after the Choice and Nomination of the said Arbitrators in that behalf . And in case the said Arbitrators shall not make and give forth their said award as aforesaid ; within time before limited for the doing thereof , then each of the said Parties Umpire . his Executors and Administrators shall and will stand to , abide , perform and keep such Award , Order and Vmperage , as such one Person Vmpire to be elected and chosen by the said Arbitrator shall make and give forth in Writing , as aforesaid , under his hand and seal upon and touching the said differences and matters in difference within twenty dayes next after the end of the said thirty Dayes : And in case the said Vmpire shall not make and give forth , as aforesaid , his said Award and Vmpirage , within the time above limited for the doing thereof , that then each and every of them the said Parties , his Executors and Administrators shall and will for his and their Parts stand to , abide , perform and keep such Master and Wardens of the company , &c. Award , Order , Determination and Iudgment as the Master and Wardens of the Company of Merchant-Taylors in London , or the major Part of them shall make and give forth , as aforesaid , in writing under their hands and seals , upon and touching the said differences and matters in difference within two Months next after the end of the said twenty Dayes .

( 92. ) Provided nevertheless , and it is covenanted , If either prove unfaithful , Copartnership to cease . concluded and agreed by and between the said Parties to these Presents for them , their Executors and Administrators : That if either of the said Parties shall be untrue , uniust or unfaithful unto the other of them , in any buyings , sales , receipts or payments belonging to , or concerning the said Copartner-ship : That then or at any times afterwards , upon notice of dislike given thereof by either of them to the other of them the said Parties , and desire thereupon signified that the said Copartnership shall determine : The said Copartnership and joynt Trade shall cease , determine and be dissolved : And that the like Account , Partition and Division shall be made between the said Parties to these Presents , their Executors and Administrators , of the said joynt Stock and Proceed thereof , and shall do all other things concerning the said joynt Trade , in such manner and form , to all intents and purposes in every respect , as they are to do at the end of the said three years . And that from and after the end and dissolution of the said Copartnership , in manner and form aforesaid , the said Term and Interest granted unto the said C. D. of and in Part of the said dwelling house and shop in manner aforesaid , shall likewise cease , determine and be void .

In witness .

Another between two Brewers .

( 93. ) This Indenture made , &c. Between A. B. Re●ital that they are joyntly seized of a Brew-house , &c. of the one Part ; and C. D. of the other Part : whereas the said A. B. and C. D. do stand joyntly interested and possessed of and in one Messuage or Tenement with the Appurtenances , and of and in one Brew-house , scituate in , &c. ( late in the occupation of E. F. ) for divers years yet induring , and also of and in one Copper and divers and sundry brewing Vessels , Goods , Implements , and houshold-stuff , by virtue of one Lease bearing Date , &c. made between the said E. F. on the one Part , and the said A. B. and C. D. on the other Part : And whereupon the yearly rent of , &c. is reserved to be payed : and likewise are possest of , and interessed in a certain parcel of ground , stables , hay-lofts , and other Rooms now used with the said Brewhouse , as Part of and appertaining to the same , for certain years also yet induring by vertue of one other Lease to them made by the said E. F. bearing date , &c. under the yearly Rent of , &c. as by the said two several Indentures of Lease , relation being thereunto had , more fully and at large it doth and may appear .

( 94. ) Now witnesseth , that the said parties Their joyning in Copartnership . to these presents , out of love and affection which they have unto each other , and confidence and trust in each other reposed , and to the end that the said parties may , by Gods blessing , increase in Stock , and be the better inabled to maintain themselves and their Families , Have concluded , condescended and agreed together , and by these presents , do conclude , condescend and agree to be Copartners and joynt Dealers in the mistery or trade of brewing of Beer and Ale in the said Brew-house , immediately from and after the day of the Date hereof , for and during the time and term of , &c. from thence next ensuing , and fully to be compleat and ended ( if both the said parties shall and do so long live . )

( 95. ) And to that intent and purpose , the said Stock put in . A. B. for his part and portion of the Stock to be imployed in the said joynt Trade , hath put in the sum of Two hundred pounds of lawful Moneys of England , and likewise the said C. D. for his part and portion of the said Stock , hath put in the like sum of Two hundred pounds of like lawful Moneys of England , to be likewise used and imployed in the said Copartnership and joynt Trade .

( 96. ) It is now Covenanted , granted and To have equal parts . agreed by and between the said parties to these presents , And ●ither of them for himself , his Executors , Administrators and Assigns respectively , doth Covenant and grant to and with the other of them , his Executors , Administrators and Assigns by these presents , that they and either of them , their several Executors and Administrators , shall be alike interessed , and have , retain and assume to their own several uses : equal shares parts and portions , of , in and to the said several Stocks , by them severally put in , to be imployed in this Copartnership , and of all and every such other sum and sums of Mony , as thereunto shall hereafter be by them added or put , and of , in and to all the gains , profits and increase to come or grow thereof , or of any part thereof , or by any advantage arising by the said Partnership .

( 97. ) And , for the sure and more effectual proceeding To be faithful in , and industrious for the advancement of the Trade . in the said Copartnership , to the best benefit and advantage of the said several parties to these presents , either of the said parties for himself , and for his several Executors and Admininistrators respectively , doth Covenant , promise and grant to and with the other of them , his Executors and Administrators by these presents , in manner and form following : that is to say , That each of them shall and will from time to time during the said Copartnership , be true and faithful to the other of them , in every thing , in , about and relating to the said Trade and mistery of Brewing , and all other things which shall any waies concern the said Copartnership , and shall do and perform his and their best endeavours from time to time , during the said Copartnership , to the best of their wit , knowledge , power and skill in Brewing of Ale and Beer , or either of them in the said Brew-house , and in uttering and selling of the same , and in all other things necessary and convenient to be put in ure , touching or concerning the said Copartnership and joynt occupying , for the bringing in of gains , and as much as in them or either of them lieth , for the avoiding and preventing of loss .

( 98. ) And that all losses and dammages Losses , charges , &c. to be equally born . which shall happen , or come in the said joynt trade and management thereof , either by evil or bad Debtors , or other Casualties howsoever ( so as it be not through the wilful negligence or deceit of either of the said Parties ) and that all Subsidies , Taxes , and other Impositions to be charged and imposed upon the said Parties , or either of them ; by reason of this Copartnership , and joynt trade or stock ; and all other charges for Rent of the said Brew-house , and the said Messuage or Tenement , and other Houses and Grounds , which are and shall be used with the said Brew-house ▪ and all charges of Reparations to be done by the Covenants in the said several Leases ; or either of them contained ; and all other necessary Charges to be expended in House-keeping at the said Brew-house , and all payments and necessary Charges of Corn , Coles , Hops , Vessels , Vtens●ls , Servants wages ▪ Candles , Drays , Horses and other necessary charges whatsoever , in and about the said trade of Brewing , during this Copartnership ; shall be equally and indifferently sustained , born , payed and discharged by and between the said Parties , out of their several parts of the Gains or Stock , part and part , like as Copartners :

( 99. ) And also , it is mutually agreed by and None to take out of the Stock and Gains , without the others consent . between the said Parties to these presents , that neither of them shall at any time or times , during the said Copartnership , withdraw ; or take out or from the said principal Stock , or the gains thereof , any sum or sums of Mony , other than for the necessary uses aforesaid , without the mutual consent and agreement of the other of them first had , and obtained : and such of them as by such consent as aforesaid , shall at any time take out of the same , shall immediately enter into a Book for that purpose to be kept , the quantity so taken out , to the end that the other of the said Parties , may thereby take notice thereof .

( 100. ) And it is further Covenanted , granted , Books of Account to be kept . concluded and fully agreed , by and between the said parties to these presents , that they and either of them , shall , as near as they may , from time to time , keep , or cause to be kept , true , just and perfect Books of Account and Reckoning in writing to the uttermost of their several knowledge , of all the Payments , Receipts and Debts , to or from them due or owing , and of all Gains , Losses , and other things touching their joynt trade and dealing in this present Copartnership : which Books shall be extant from time to time , and at all times convenient , for the said Parties , or their Assigns , to peruse and examine .

( 101. ) And , that once every quarter of a year To Accompt once a quarter . at the least , during the said Copartnership : that is to say , At the Feasts of , &c. or within twenty days next after every of the said Feasts ( or oftner if need shall be ) upon request made by one of the said Parties unto the other of them , they the said Parties shall joyn in reckoning together , and make and deliver either of them to the other of them , to the best of their several knowledge , true , perfect and plain Account or Accounts in writing , of , for , and concerning the said principal Stock , and all other things in Partnership between them , and of the Gains and Losses thereof , or thereby arising ; and of all Debts to them due or owing , and by and from them to be due and owing to any person or persons , and of all the Receipts , Payments , Dealings and Doings , in or concerning the said Brew-house , or otherwise touching or concerning this their joyn● trade or dealings , without any voluntary concealment , withdrawing or unjust deteyning of any part of the said principal Stock ; or of any gain , profit or Commodity , which should or ought in any wise come to the equal share of the said Parties to these presents , by the true intent and meaning of these presents .

( 102. ) And moreover , it is agreed between How Mony ●ound in either of their hands , &c. shall be disposed of . the said Parties , that whatsoever sum or sums of Mony , at or upon the foot of any Account or Accounts , concerning this Copartnership , shall be found to be remaining in the hands of any Clerk or Clerks , or in the hands of any of the said Copartners , or of their Assignee or Assigns , not expended about the business of the said joynt trade and Copartnership , and before not accounted for by the said Copartners , the same shall be forthwith , from time to time , equally and indifferently divided between the said Copartners , part and part like : or run and be continued in Stock , as the said Parties can best agree concerning the same .

( 103. ) And it is Covenanted , granted and No advantage by Survivorship . fully agreed , by and between the said Parties to these presents , for them , their Executors and Administrators respectively , that if it shall fortune that either of the said Parties shall die or decease , during the time of this Copartnership , before any separation or division shall be made between them of the said Stock , and common Dealings ( the other of them surviving ) that in such case no advantage by the survivor of the said Parties , in right , or in respect of his Survivorship , shall hold or take place , or be by him or them challenged , taken or demanded , but that such part and portion of , in , and to the said principal Stock , and the gains and increase thereof , and also of the aforesaid Messuages or Tenements , which is , or shall be due or belonging to such of the said Parties so deceased , at the time of his death shall come and be payed to the Executors , Administrators or Assigns of the said deceased Copartner , in such like , and in so large , simple and beneficial manner , as the same should or ought to have grown due , to be payed or satisfied unto the said deceased Copartner himself , if he had been living at the su●cease or determination of this Copartnership .

( 104. ) And moreover it is covenanted and agreed Division to be made at the end of the Copartnership . by and between the said Parties to these presents , and either of the said Parties for himself , his Executors and Administrators respectively covenanteth and granteth , to and with the other of them , his Executors and Administrators by these presents : That within the space of six Months next after the end ▪ or giving over of this Copartnership , be it upon the exspiration of the said Term of six Years , or by the decease of either of the said Parties , or otherwise howsoever , the said Parties if they be living , or if either of them shall happen to be deceased , then the Survivor of them , and the Executors or Administrators of the deceased Copartner , shall consent and agree together , and shall upon reasonable request to be made by the one to the other Four men to appraise the goods . of them , make choice and election of four indifferent men , whereof two shall be chosen by the said A. P. his Executors or Administrators , and the other two by the said C. D. his Executors or Administrators , to make and set down an indifferent Appraisement and Valuation of all and singular the Goods , Implements and Chattels , which then shall be and remain in Partnership between them ( if otherwise between themselves they cannot agree therein ) the Goods , Coppers , Brewing Vessels , Implements and Houshold-stuff , which are expressed in the Schedule ▪ or Inventory annexed to the said Indenture of Lease only excep●ed : and that upon and after Appraisement thereof , the said Copartners , or the Surviving Copartner and Executors or Administrators of the deceased Copartner ( if either of them shall happen to die ) shall make and cast Lots between them , to take or refuse the said Goods so to be appraised , as the same shall be valued : And that he or they of them , to whose Lot the said Goods shall happen to fall , his or their Executors or Administrators , shall accept , receive and take the same : And also shall within six Months then next following , satisfie and pay , or cause to be satisfied Lots cast which of them shall have the goods , and pay a Moyety to the other . Division of debts . and payed , unto the other of them the said Copartners , his Executors or Administrators , the Moyety or half Part of all such Money , as the said Goods shall be valued and appraised at : at or within the Brew-house before mentioned , without any fraud or covin . And shall also then make equal division between them of the Money then belonging to the said Copartnership , and also of the debts then owing to the said Copartners , for or in respect of the said partible Stock or Trade : and of all and singular other the things , now intended or expressed by these presents to be partible and divided between the said Parties to these presents in respect of the said Copartnership : or otherwise thereof to deal and dispose as then they shall find to be most behooveful for them .

( 105. ) And further , that within convenient Another way of account and division . time after the giving over , ending or determination of this Copartnership , intended by these presents : the said Parties or the Survivor of them , his Executors and Administrators shall and will upon reasonable request therefore to be made , the one of them to the other of them [ if they be both living ] or if either of them shall be deceased , then to the Executors and Administrators of the said Party deceased , a true , plain , and perfect Account in writing of the said whole Stock , Gains , Debts , Credits , and all other things which shall be then in Copartnership between them , or belonging to the said partible Stock and Trade , and within six Months after the end , determination or expiration of the said Copartnership ( be it howsoever ) shall make an equal and indifferent separation and division of all the said partible Stock , Gains , Debts , and other the said premisses , intended or exprest to be in Copartnership : and assign , allot and allow , or cause to be assigned , allotted and allowed , one of them to the other of them the said Parties , ●r if either of them be deceased , then to the Executor●● , Administrators or Assigns of the deceased Copartner , the moiety of the aforesaid Messuages or Tenements : and so much of the said whole part and portion of the said Stock and Gains , and of all and singular other the premisses which are expressed or meant to be in Copartnership , as to any of the said Parties shall be due and appertaining , or of right belonging for his port , property and portion , of , and in the same , according to the true intent and meaning of these presents ( first deducting and defalking so much as shall and may satisfie all the Debts , which they the said Parties , or any of them shall owe , or be indebted for , or in respect of the said partible trade or dealing . )

( 106. ) And that the Survivor of the said Survivor to gather in debts . Parties , his Executors and Administrators , shall do his and their best endeavour to collect and gather in all the Debts , which were or shall be owing to the said Copartners , or any of them in respect of the said partible Stock or Trade : and after defalcation made of so much either in goods , stock , mony , or otherwise , as shall suffice to satisfie and pay the Debts which shall be then truly owing by them or either of them , in respect of the said partible Stock , Trade or Dealing , shall as the said Debts , or any part thereof shall be had or received , make payment of one half part thereof ( necessary Charges in suing for , and getting in of the same , being first deducted and allowed ) to the Executors , Administrators or Assigns of such of t●e said Parties as shall first happen to decease . To assign to Executors of Party dying part of the Debts , &c.

( 107. ) And , that the said Survivor , his Executors and Administrators , if it be requested of him or them , for all the residue of Debts and things whatsoever , which are or shall be owing or belonging to them or any of them , according to the true meaning of these presents , in respect of the said intended Copartnership , whereof the Executors , Administrators or Assigns of the said Copartner first deceased , as is aforesaid , shall not have had and received , his and their part , shall and will make and deliver to the Executors , Administrators or Assigns of the first deceased Copartner , at his and their own proper Cost and charges , such assignment , conveyance and assurance of such part thereof , as to the Executors or Administrators of such Copartner so first deceasing , in truth ought to belong , as by the Executors , Administrators or Assigns of the said first deceased Partner , or the learned Counsel in the Law , of them or any of them , shall be reasonably devised or advised .

( 108. ) And moreover , it is Covenanted , All things transacted to be in both their Names . granted and agreed , by and between the said Parties to these presents , That all such Malt , Hops , Coals , Beer , and other thing and things whatsoever , which at any time or times hereafter shall be bought or sold , used or imployed , in or about the said joynt trade , or occupying , shall be had and done by the joynt consent of the said Parties ( if the same conveniently may be done ) and not otherwise . And that all and every person and persons , that shall hereafter become Debtor or Debtors , to or for the said principal Stocks , or any part thereof , or for any Beer or other things that shall arise , come , grow or increase thereby , or be sold out of , or for the same , or the proceed thereof , shall be made debtors to both the said Parties for the same , according to the true intent and meaning of these presents : And that all Bonds , Bills , Assurances and Securities , that shall be made or taken for any Beer , or other Debts : or for or concerning the true or good service of any Clerk or Clerks , or other Servant or Servants , which shall be put in trust to serve in the affairs of the said Brew-house , or joynt Trade , shall be made and taken to both the said Parties , and in both their Names , and shall be delivered and safely kept to both their uses : And , that neither of the said Parties , without the consent of the other of Acquittances . them , his Executors or Administrators , shall make , seal or deliver any Acquittance or Acquittances , Release or Releases , Discharge or Discharges whatsoever , to any person or persons , their Executors or Administrators ( which is , or shall be Debtor or Debtors ) for the said stock , or any part or parcel thereof , or for any Mony thereunto to be added or put to the increase thereof , or that thereupon , or by means thereof shall arise , come or grow , of , for , or concerning any Bond or Assurance , as aforesaid , to be taken in the Names of the said Parties for the said partible use , or for any thing appertaining , or which shall appertain to the said Copartnership , whereby to defeat or defraud the other Copartner , his Executors or Administrators , of his or their just part , or of any part thereof , or for any lesser or smaller sum or sums of Mony , than the person or persons so indebted shall truly owe , or stand charged to pay ( reasonable Compositions and Abatements , of , and for Debts , due and to be due , owing and appertaining to the said Parties , in respect of their said joynt trade , for leaking , or return of musty Beer , or naughty Beer , and such like , to be made without fraud or covin , and no further disadvantage or profit of the one Copartner than the other , his Executors or Administrators only excepted ) But that either of them the said Parties shall do his best endeavour for the Recovery and getting in of the same , and after the same so recovered , shall deliver the moiety thereof ( all reasonable costs and charges deducted , according to the true intent and meaning of these presents ) to the other of them , his Executors or Administrators .

( 109. ) And forasmuch as the said Parties to Determination of Controversies . these presents , are minded and intended to be Brewers , and the knowledge of all matters concerning the said Trade and Mistery , is best acquainted to men of the same Trade , they the said Parties do Covenant , conclude and agree , for them , their Executors and Administrators by these presents respectively , that if at any time or times hereafter , any controversie or debate shall happen to arise or grow between them the said Parties , for or touching the premisses , or any part thereof , or any thing herein contained or specified , that then and so often the said Parties , their Executors and Administrators , and every of them , shall shew the cause of such controversie ( before any suit at Law shall be commenced touching the same ) unto four honest and discreet men of the same Trade or Mistery , whom they shall nominate , appoint and make choice of , to hear and determine such variances , doubts and controversies as shall happen to arise between them : And shall stand to , abide , perform and keep all and every such award , order , final end and judgment , as in that behalf shall be set down by the said four Men , so to be nominated , chosen and appointed between them , to have the hearing and determination of such controversies , so as they do order , judge and give up their award thereupon in writing unto the said Parties subject thereunto , within forty days next after such reference , as aforesaid , made unto them .

In witness , &c.

Another form of Copartnership between a Pewterer and another person , who puts in the Stock , and the Pewterer manageth the Trade .

( 110. ) THis Indenture made , &c. Between A. B. of the one part , and C. D. of &c. Pewterer , of the other part : Witnesseth , That whereas the said A. B. for and in respect of the love and good affection The Stock put in by one ; and how to be imployed . which he beareth unto the said C. D. and for his better preferment and advantage in his trade and profession , before the ensealing and delivery hereof , hath disbursed and delivered unto the said C. D. the sum of Three hundred pounds of lawful Moneys of England , to be used , laid out and imployed by the said C. D. in the said Art , Trade or Profession of a Pewterer , in buying of Pewter , and other things needful to be used in and about the said Art or Trade , and in duying , casting , soldering , vending and selling of all such Wares , Goods and Merchandizes ( incident to the said Art , Trade or Profession of a Pewterer ) as by the said A. B. and C. D. shall be thought meet and convenient in a Shop for that purpose , to be made ready at the cost and charges of the said C. D. in or about the now Messuage , Tenement or Yard of the said C. D. scituate and being in , &c. from the day of the Date of these presents , unto the full end and term of Ten years from thence next ensuing , and fully to be compleat and ended , if the said C. D. do and shall so long live .

( 111. ) In consideration whereof , the said C. To do his endeavour to advance the Trade . D. for himself , his Executors and Administrators , doth Covenant , grant and agree , to and with the said A. B. 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 he the said C. D. shall and will at all times hereafter , and from time to time during the said term of ten years ( if the said C. D. shall so long live ) diligently and carefully imploy himself , and do his best endeavour , to the uttermost of his power and skill , in and about the buying , selling , casting , soldering and finishing of all such Works , Wares , Goods and Merchandizes , as are incident or belonging to the Art , Trade and Profession aforesaid , and in doing , executing and performing of every other thing which shall be necessary to be done and put in ure , in , about or concerning the said Art , Trade or Profession of a Pewterer , for the raising of Gain , and , as much as in him lies , for preventing of Loss .

( 112. ) And , that all such gains , profit and Gains and increase divided . increase , as shall come , grow , arise , or be had gotten or received by the said C. D. his Servants or Assigns , by reason or means of using or exercising the said Trade or Profession of a Pewterer , or by buying , selling , casting or soldering of Pewter , new or old , or any other Wares , Goods and Merchandizes belonging to the Art , Trade and Profession aforesaid , shall be equally shared , parted and divided in halves between the said parties , their Executors and Assigns , in such manner and form following , as is hereafter mentioned : that is to say , The said A. B. his Executors , Administrators or Assigns , shall have and receive the one moiety or half part thereof : and the said C. D. his Executors , Administrators or Assigns , shall have and receive the other moiety or half part thereof .

( 113. ) And , for the better and more effectual Neither to take from the Stock without the others consent . proceeding in the said affairs and businesses before specified , to the mutual benefit and advantage of the said Parties to these presents , their several Executors , Administrators and Assigns , either of the said Parties for himself , and for his several Executors and Administrators respectively , doth Covenant , promise and grant to and with the other of them , his Executors and Administrators by these presents , in manner and form following : that is to say , That they , nor either of them , shall not at any time or times , dating the term of years before specified , withdraw , or take any sum or sums of Mony , or any Goods or Merchandizes whatsoever , out of , or from the said Stock of , &c. above-mentioned , or out of , or from any sum or sums of Mony , which shall be thereunto hereafter added or put , without the consent and agreement of the other of them , his Executors , Administrators or Assigns first thereunto had and obtained , and that such of them , as by such consent as is aforesaid , shall at any time or times take any thing out of , or from the said Stock , or other sum or sums of Mony thereunto to be added or put , or the proceed thereof , shall immediately enter into a Book for that purpose to be kept , the sum or quantity by him or them so taken out , and the day and year when they took the same , to the end that the other of the said Parties , his Executors , Administrators or Assigns , may take notice thereof .

( 114. ) And also , that all such sum and sums Charges and losses equally to be divided . of Mony as shall be from time to time hereafter , during the said term or space of ten years , be laid out or disbursed by the said A. B. and C. D. or either of them , in , about or concerning the buying and providing of Coals , or any other fiting , to be spent onely in and about the Trade and Profession aforesaid , and that all such charges and expences , as shall be expended or laid forth , in and about the keeping and maintaining of any Servant or Servants , Horse or Horses to be imployed onely about the Art , trade or profession aforesaid , for the equal benefit and advantage of the said Parties to these presents , shall be equally paid , laid out and disbursed , by and between the said A. B. and C. D. their Executors , Administrators and Assigns , part and part like : And , that losses and dammages which shall happen to come or grow , either by evil or bad Debtors , or by any other casualty whatsoever ( so as it be not through the wilful negligence or deceit of either of the said Parties , their Executors , Administrators or Assigns ) and all Taxations , Impositions , and other Duties , to be charged and imposed upon the said Parties , or either of them , or either of their Executors or Assigns , by reason or means of this their joynt trade or dealing ; shall be equally and indifferently born , paid and discharged , by and between the said , A. B. and C. D. their Executors , Administrators and Assigns , out of their several parts of the gains and profits , hereafter from time to time to be gotten , by means of using the Art ; Trade or Profession aforesaid , part and part like .

( 115. ) And also , that they the said A. B. and To keep true Books of Account . C. D. and either of them for himself , his Executors , Administrators and Assigns respectively , doth Covenant , grant and agree , to and with the other o● them , his Executors , Administrators and Assigns by these presents , in manner and form following : that is to say , That they and either of them , shall and will , so near as they may or can ▪ from time to time , during the term of years before-mentioned , keep , or cause to be kept , just and perfect Books of Account and Reckoning , in writing , to the uttermost of their several knowledge , of all the Payments , Receipts and Debts , to or from them due or owing , and of the Gains , Losses , and all other things touching or concerning this their joynt trade or dealings : which Books shall be extant from time Free access to them . to time , and at all convenient times , for the Parties aforesaid , or their Assigns , to peruse and examine at their and either of their free wills and pleasures : And that once in every quarter of Once every quarter to account together . a year ( upon request to be made by one of the said Parties to the other of them ) during the said term : that is to say , at the Feasts of , &c. or oftner if need shall be , they the said Parties shall joyn in Reckoning and Account together , and make and deliver up either of them to the other of them , to the best of their several knowledge , true , plain and perfect Account or Accounts in writing , and concerning the said sum or stock of , &c. and all such other sum and sums of Mony , as shall be thereunto hereafter added or put , and of all other things in joynt trade and dealing between them , and of all Gains and Losses arising thereby , and all Debts to them due or owing , or by or from them due or owing : and of all Receipts , Payments , doings or dealings , in , or concerning their said joynt trade or dealing , without any voluntary concealment , withdrawing , or unjust detaining of any of the said principal Stock , or of any other sum or sums of Mony thereunto to be put , or of any gains , profit or Commodity , which should , or in any wise ought , to arise or come to the equal uses of the said Parties , by the true intent and meaning of these presents .

( 116. ) And , that upon every such Account and Accounts , so from time to time , in form aforesaid , The cleer Gains to be divided upon the account . to be made and passed , all the clear gains , profit and increase which shall be found upon the foot of any such Account or Accounts , shall be immediately shared , parted and divided in equal halves between the said Parties , their Executors , Administrators and Assigns : that is to say , The said A. B. his Executors , Administrators or Assigns , shall have and receive the one moiety , or half part thereof , and the said C. D. his Executors , Administrators or Assigns , shall have and receive the other moiety or half part thereof .

( 117. ) And it is further Covenanted and agreed , No advantage by Survivor . by and between the said A. B. and C. D. And either of them doth severally and respectively Covenant , grant and agree , for himself , his Executors , Administrators and Assigns , to and with the other of them , his Executors , Administrators and Assigns by these presents , That if it shall fortune either of the said Parties to die , or depart this life , during the term of years above-specified , before any separation or division shall be made between them , of their said joynt dealings ( the other of them surviving ) that in such case no advantage by the Survivor of the said Parties , his Executors or Administrators , in right or in respect of his Survivorship shall hold or take place , or be by him or them taken , challenged or demanded , but that such part and portion of , in , and to the said principal Stock , and the gains and increase thereof , which is , or shall be due or belonging to such of the said Parties so deceasing , at the time of his death , shall come and be payed to the Executors , Administrators or Assigns of the said deceased Party , in such like , and so large , ample and beneficial manner and form , as the same ought to have grown due , or been payed or satisfied , unto the said deceased Party himself , if he had been living , at the time of the surceasing or determination of the said Copartnership .

( 118. ) And the said C. D. for himself , his To be faithful . Executors and Administrators , doth Covenant and grant to and with the said A. B. his Executors , Administrators and Assigns by these presents , in manner and form following : that is to say : That he the said C. D. shall and will at all times hereafter , during the term of years before specified , or continuance of this Copartnership , deal uprightly , truly and faithfully with the said A. B. his Executors ; Administrators or Assigns in all respects , touching and concerning the using and exercising of the Art , Trade or Profession aforesaid .

( 119. ) And further , that he the said C. D. Not to take up , or lend upon Credit without the others consent . shall not at any time or times hereafter , during the term of years before-specified ; or continuance of this Copartnership , take up upon Credit , or for Time , any Goods , Wares or Merchandizes to be used or imployed in , or about the said Art , Trade , or Profession of a Pewterer , without the consent and agreement of the said A. B. his Executors , Administrators and Assigns , first had and obtained in that behalf : Neither that he the said C. D. or his Assigns , shall at any time or times hereafter , during the term of years aforesaid , or continuance of this Copartnership , lend or credit out to any person or persons whatsoever , any Wares , Goods or Merchandizes , which shall belong or be incident to the said Art , Trade , or Profession of a Pewterer , and shall be belonging to their said joynt dealings , without the like consent and agreement of the said A. B. his Executors , Administrators and Assigns first had and obtained in that behalf .

( 120. ) And furthermore , that he the said C. The final Accompt . D. his Executors , Administrators or Assigns ; shall and will , at the end and expiration of the said term of ten years , or other sooner determination of this Copartnership , not only make or cause to be made unto the said A. B. his Executors , Administrators or Assigns , a true , just , perfect and general Accompt and Reckoning in writing , of his whole Dealing , buying and selling , whilst he shall have the use of the said sum or Stock of three hundred pounds , or of any other sum or sums of Mony thereunto , by the said A. B. to be added or put : and also of all gains , profit and increase that shall come and arise , by reason of using and exercising the said Art , trade and profession of a Pewterer , and not before accounted for and satisfied : But also upon the Deliver up Tools and Stock , and half the gal●s . same Account making , shall and will well and truly deliver , or cause to be delivered unto the said A. B. his Executors , Administrators or Assigns , all such Moulds and Tools , as shall be then belonging to their said joynt Trade : And shall and will then also truly pay , or cause to be paid , unto the said A. B. his Executors , Administrators or Assigns , the said sum or stock of Three hundred pounds , and all such other sums of Mony as shall be thereunto added or put by the said A. B. his Executors or Administrators , and the moiety , or one half of all the gains , profit and increase that shall be so risen or grown by using the said Art , Trade or Profession of a Pewterer , and which shall not before that time have been accounted for , and satisfied for , as aforesaid .

( 121. ) And moreover , that he the said C. D. To instruct the other in the Trade . shall and will at all times hereafter , and from time to time , during the continuance of the said Copartnership , at and upon the reasonable request of the said A. B. after the best manner that he can or may , to the uttermost of his knowledge and skill , teach and instruct the said A. B. perfectly to do and execute every thing , which in any wise belongeth to his said Art , Trade or Profession of a Pewterer .

( 122. ) Provided alwaies , and it is Covenanted , To give over the Copartnership upon warning . granted and mutually agreed upon , by and between the said Parties to these presents . And the said C. D. for himself , his Executors and Administrators , doth Covenant , grant and agree , to and with the said A. B. his Executors and Administrators by these presents , That if it shall happen at any time hereafter , during the said term of ten years , that the said A. B. shall grow in dislike , or shall be minded to give over and discontinue his joynt trading and dealing with the said C. D. And that the said A. B. do or shall give one half years warning , of such his determination and purpose , unto the said C. D. in the presence of two or three Witnesses at the least : That then and from thenceforth , all the Covenants , Covenants to be void . Grants and Agreements herein contained , on the part and behalf of the said A. B. his Executors and Administrators , to be performed and kept , shall cease , determine and be utterly void , to all intents ▪ constructions and purposes in the Law whatsoever . And that then also , he the said C. D. shall and will , at the end of the said To account . six Months , so limited , to be given for warning , as aforesaid , make and give up unto the said A. B. his Executors and Administrators , such a true , just , perfect and general account , as is above-mentioned : and also , upon and after the said Account made , shall and will well and truly deliver , or cause to be delivered unto the said A. B. his Executors , Administrators or Assigns , all such Moulds , and other Tools , as shall be then belonging to their said joynt trade and dealing , and shall and will then also truly pay , or cause to be paid , unto the said A. B. his Executors or Administrators , To pay the stock , and half the profits . the said sum or stock of three hundred pounds , and all such other sums as shall be thereunto hereafter added or put , by the said A. B. his Executors , Administrators or Assigns , and the moiety , or one half of all the gains , profit and increase that shall be so arisen and grown , by reason of using the said Art , trade or profession of a Pewterer : and which shall not before that time have been accounted for and satisfied , as aforesaid .

In witness , &c.

CAP. IV. Containing several forms of Instruments used between Merchants and Traders ; at , and after the dissolution of Copartnership .

An Indenture containing several Covenants upon the separation of Copartnership .

( 1. ) THis Indenture made , &c. Between Recital of former Copartnership , and Debts arising thereby . A. B. of the one part , and C. D. of the other part : Whereas the said Parties to these presents have been of late Copartners together in the Trade of , &c. which they used , and by reason of the same joynt trade and dealing , divers Debts have been incurr'd and made , and are yet still due and owing upon the sale of Goods and Wares : and also the said Parties are , and stand ingaged and indebted at present unto divers of their Creditors , in divers and sundry sums of Mony .

( 2. ) And whereas also , the said Parties , Recital of the separation . upon divers good considerations , them thereunto moving , have concluded and agreed to separate themselves from the said Copartnership , and joynt trade and dealing together , and he the said A. B. is contented and pleased , for the consideration herein after mentioned , to assign and set over unto the said C. D. all the Debts which are yet un-answered and un-payed , due and owing unto them , and likewise the said C. D. hath undertaken to discharge and pay all the Debts , sum and sums of Mony , which they the said Parties , or either of them , do owe at this present , upon and in respect of their said joynt trade to their said Creditors .

( 3. ) Now witnesseth these presents , That the Assignment by one to the other of Debts . said A. B. doth , for the consideration hereafter in these presents expressed , by these presents , as much as in him lieth , grant , assign and set over unto the said C. D. his Executors , Administrators and Assigns , all and singular such Debts and sums of Mony as are owing to them joyntly , or either of them severally , for or concerning their trade or Copartnership aforesaid , and also all his right , title , interest , property and benefit , of , in and to the same Debts , and every of them , and also all and singular Bills , Bonds , Specialties . Leases and Books , for and concerning the said Debts , and the late Copartnership between them : All which Debts are mentioned and expressed in a certain Schedule , interchangably subscribed with the hands of the said A. B. and C. D. as by the said Schedule more at large appeareth . To have , hold and enjoy all and every the said Debts , Books and Specialties unto the said C. D. his Executors , Administrators and Assigns , to his and their own proper use and benefit , without any manner of account or reckoning , to be thereof yielded , made or given unto the said A. B. his Executors , Administrators or Assigns , or any of them .

( 4. ) And the said A. B. doth by these presents Power given to get in the Debts assigned . give and grant to the said C. D. his Executors , Administrators and Assigns , full power and authority in the name of the said A. B. to ask , levy , recover and receive , by all such lawful ways and means , as shall be thought requisite by the said C. D. his Executors , Administrators or Assigns , all and singular the said Deb●s and sums of Mony , expressed in the said Schedule , for and to the onely use and behoof of the said C. D. his Executors , Administrators and Assigns , without any account to be made , yielded , had or given for the same : And that he the said A. B. his Executors , Administrators and Assigns , shall and will at all times hereafter , quietly permit and suffer the said C. D. his Executors , Administrators and Assigns , in his , their , or any of their Name of Names , to sue for , recover , take , and enjoy to his and their own use , without any Account to be rendred , all the aforesaid Debts and sums of Mony , and every of them , and every part thereof in the said Schedule mentioned , by all such lawful ways and means as to him or them shall be thought meet , without any let , trouble , interruption , acquittance , release or discharge , of , or by the said A. B. his Executors , Administrators or Assigns , or by his or their means , assent , default or procurement .

( 5. ) And further , that if the said A. B or his To make satisfaction for Debts discover'd to be released , &c. Assigns , or any person or persons , by force or virtue of any power or authority derived from him or them , have at any time formerly , or since the — day of , &c. received , released or discharged any of the said Debts or sums of Mony expressed in the said Schedule , or otherwise alienated them , other than such Releases and Discharges as have been by the consent of the said C. D. that then upon notice given by the said C. D. his Executors , Administrators or Assigns , to the said A. B. his Executors or Administrators , he the said A. B. his Executors or Administrators shall within thirty days , next after such notice and lawful warning given to the said A. B. his Executors or Administrators , satisfie and recompence the said C. D. his Executors , Administrators or Assigns , of , and for the same , without fraud or covin .

( 6. ) And , that he the said A. B. his Executors Not to hinder recovery of the Debts assigned . or Administrators shall not at any time or times hereafter , willingly do or suffer any act or thing whereby to let or hinder the said C. D. his Executors , Administrators or Assigns , of , or in the recovery , getting in or obtaining the said Debts , or any of them , without the consent of the said C. D. his Executors , Administrators or Assigns , first had and obtained in writing .

( 7. ) And moreover , That the said A. B. his To make further Letters of Attorny . Executors and Administrators , shall and will , upon reasonable request to him or them made by the said C. D. his Executors , Administrators or Assigns , make , seal and deliver to him , or them , such other sufficient Letter and Letters of Attorny , for the Recovery and getting in of the said Debt and Debts , and sum and sums of Mony , as by the said C. D. his Executors , Administrators or Assigns , or his or their Counsel Learned in the Law , shall be reasonably advised , devised or required : which said Letter and Letters of Attorny , and advise touching the same , is to be at the proper charges of the said C. D. his Executors , Administrators or Assigns .

( 8. ) In consideration whereof , the said C. D. To procure releases from the Creditors . for him , his Executors and Administrators , doth Covenant , promise and grant to and with the said A. B. his Executors and Administrators , in manner and form following : that is to say , That he the said C. D. his Executors and Administrators , shall and will at or before the — day of , &c. procure and obtain unto and for the said A. B. his Executors and Administrators sufficient general Releases , and other discharges in the Law , all those their Creditors whose Names are written in the said Schedule here-unto annexed .

( 9. ) And also , that he the said C. D. his Executors To save harmless against Debts , &c. and Administrators , shall and will at all times for ever hereafter , save , and keep harmless and indempnified the said A. B. his Executors and Administrators , against all and every person and persons whatsoever , which they the said Parties to these presents , or either of them , are indebted unto , touching or concerning their said Copartnership : and of and from all such Actions , Suits , Costs , Dammages , Charges , Troubles , Iudgments , Executions and Demands whatsoever , as shall from time to time hereafter arise , or be had or procured against the said A. B. his Heirs , Executors or Administrators , or any of his or their Lands , Tenements , Hereditaments , Goods or Chattels , or any of them , or any part thereof , by any manner of person or persons whatsoever , touching their said Copartnership , for or concerning any Debt or Debts , by them , or any of them owing , or for or upon any Bill , Bond , Specialty , Promise , Contract or Reckoning touching the same , or any of them : and also of and from all such Costs and charges , losses and damages , as shall be awarded or judged against the said A. B. his Heirs , Executors or Administrators , for or upon any Suit or Non-suit , which hereafter shall happen to come or arise , for or concerning the said Debts , or any of them , or any part thereof .

In witness , &c.

Another form , where one assigns his part to the other .

( 10. ) THis Indenture made , &c. Between A. Recital of tho Copartnership . B. on the one part , and C. D. on the other part , Whereas the said A. B. and C. D. by their Indenture of Copartnership , bearing date , &c. for the consideration in the said Indenture specified , did condescend , conclude and agree , to become and continue joynt dealers and Copartners together in the Art and Mystery of , &c. in buying , selling and uttering of , &c. and all other Wares , Commodities and Merchandizes , belonging or commonly used to and with the said Trade , for the term of , &c. from the Feast Day of , &c. if the said A. B. and C. D. should so long live , and unless they the said A. B. and C. D. should otherwise agree together , as by the said Indenture of Copartnership , relation being thereunto had , more fully and at large it doth and may appear .

( 11. ) And , whereas the said A. B. and C. D. The dissolution of it . by their mutual consent , free will and agreement , and for very good causes and considerations , them thereunto moving , have thought fit to d●ssolve and break off the said Copartnership , and from henceforth to become no Copartners together .

( 12. ) Now this Indenture witnesseth , That The one assigns his part to the other . it is Covenanted , concluded and fully agreed , by and between the said Parties , for and concerning the Premisses in manner and form following : And the said A. B. for and in consideration of a certain sum of Mony , to him in hand payed at the ensealing and delivery of these presents by the said C. D. the Receipt whereof he the said A. B. doth hereby acknowledge , Hath granted , assigned , set-over , remised and released , and by these presents doth grant , assign , set-over , remise and release unto the said C. D. his Executors and Administrators , all and every such part , portion and share , as he the said A. B. hath , may , might or ought to have , of , in and to all and singular the Goods , Chattels , Houshold-stuff , Wares , Merchandizes , Debts , Books , Obligations , Specialties , Bills obligatory , sum and sums of Mony , and other things whatsoever incident or belonging to the said late Copartnership or joynt dealing , in any manner of wise . And also all his Estate , Interest , Right and Demand therein , or in or to any part thereof together , with all such benefit and commodity , as he the said A. B. might , or ought to have had taken or received , upon , for or by reason of the said Bills , Bonds , Books , Obligations or Specialties , belonging or relating to the said Copartnership .

( 13. ) And the said A. B. doth by these presents , To enjoy . for himself , his Executors and Administrators , Covenant and agree to and with the said C. D. his Executors , Administrators and Assigns , That it shall and may be lawful to and for the said C. D. his Executors , Administrators and Assigns , to have , keep , receive and enjoy , to his and their own use , as well all and every the Goods , Chattels , Houshold-stuff , Wares and Merchandizes , belonging to the said late Copartnership , as also all and every such Debts , Duties , sum and sums of Mony , as shall be had , received , obtained or gotten by virtue of the said Books , Bills , Bonds , Obligations or Specialties , or any of them , or any Suit , Iudgment , Process or Execution thereupon to be commenced , pursued , had or taken , without the let , trouble or contradiction of the said A. B. his Executors , Administrators or Assigns , and without any account thereof , or of any part thereof , to be rendred or yeilded to the said A. B. his Executors , Administrators and Assigns , or any of them .

( 14. ) And further , that he the said A. B. hath Not to receive or release Debts . not received heretofore , any sum or sums of Mony belonging to the said late Copartnership , other than such as are already allowed upon account , nor hath released or discharged , nor that he , his Executors or Administrators , shall or will hereafter receive , release , discharge or make frustrate , all , or any of the said Debts , Duties , sum or sums of Mony , Bonds , Specialties or Demands , due or to be due by virtue of the said Bills , Books , Specialties , Obligations or Agreements , or any of them ( other than such as are allowed upon account as aforesaid ) without the consent or agreement of the said C. D. his Executors , Administrators or Assigns , first had and obtained in writing under his or their hands .

( 15. ) Nor shall voluntarily or willingly Not to discharge , &c. any Action . discontinue , disavow , suffer to be non-suited , or make any retraxit , or otherwise discharge , hinder or delay any Action , Suit or Plaint whatsoever , which he the said C D now hath , or shall at any time commence , presecute or pursue in the Name of the said A. B. or in the Names of the said A. B. and C. D. for the recovery or obtaining of the Debts , Duties , sum or sinns of Mony , or Demands , or any of them , belonging to the said joynt trade or dealing .

( 16 ) . But that he the said A. B. his Executors , To justifie Actions brought . Administrators and Assigns , shall and will from time to time , and at all times hereafter , upon the reasonable request , and at the Costs of the said C. D. his Executors , Administrators and Assigns , justifie , maintain , avow and allow all and every such Actions , Suits , Plaints and Arrests , as he the said C. D his Executors , Administrators or Assigns , shall conunence , sue or prosecute , or cause to be commenced , sued or prosecuted for the recovery , levying , obtaining , or getting in of all or any the Debts , and sum and sums of Mony belonging to the said late Copartnership : ratifying and confirming all and every lawful acts , matters and things whatsoever , which he the said C. D. his Executors , Administrators or Assigns shall commence or prosecute , for the recovery , getting in and obtaining of the said Debts , Duties , sum and sums of Mony , or any of them .

( 17. ) And the said C. D. for himself , his Executors To save harmless , &c. and Administrators , doth Covenant and grant to and with the said A. B. his Executors and Administrators by these presents , That he the said C. D. his Executors and Administrators , shall and will from time to time , and at all times hereafter , well and sufficiently acquit and discharge , and save harmless and indempnified the said A. B. his , &c. of and from all and all manner of Troubles , Damages , Arrests , Costs , Charges and Incumbrances whatsoever , which shall or may arise or happen to be had , recovered or obtained against the said A. B. for , by reason or means of any Action , Suit , Process or Plaint , which the said C. D. his Executors , Administrators or Assigns now hath , or shall or may hereafter commence or prosecute , or cause to be commenced or prosecuted , against any person or persons , for the recovery , getting in or obtaining any of the said Debts , Duties or Demands aforesaid , or for any Debts , Duties , sum or sums of Mony , or any thing whatsoever touching the said Copartner-ship , now owing , or which shall hereafter be due or payable by the said C. D. and A. B. or either of them , to any person or persons whatsoever , for or by reason of any Wares taken-up upon Credit by him the said C. D. and not charged upon the said partible account , wherewith or whereby the said A. B. shall or may be charged or chargable .

In witness whereof , &c.

Another , being a Partition of Debts between a Copartner , and the Executors of the other .

( 18. ) THis Indenture made , &c. Between A. B. Recital of the former Partnership . of the one part , and C. D. of , &c. Son and Heir of E. D. late Citizen of London deceased , and Executor of the last Will and Testament of the said E. D. on the other part : Whereas the said A. B. and E. D. in the life time of the said E. D. did deal and trade together , as joynt Partners and occupyers in the Trade of , &c. and other Merchandizes , and in buying , selling and Merchandizing , and by reason thereof divers and sundry sum and sums of Mony , by divers and several persons , became due and payable to them joyntly , as Debts joyntly owing unto them the said A. B. and C. D. And whereas the said A. B. and E. D. in the life time of the said E. D. by agreement between them , did sever , part , and divide between them divers Debts , due and owing Debts formerly divided and received . unto them in such manner and form , as in and by a certain pair of Indentures , bearing Date , &c. [ and certain Schedules thereunto annexed ] made between the said A. B. of the one part , and E. D. of the other part , more plainly it doth and may appear : since which time divers of the said Debts have been received and compounded for , as well by the said A. B. and E. D. in the life time of the said E D. as also by the said C. D. and A. B. since the decease of the said E. D.

( 19. ) And whereas divers and sundry sums of Recital of remaining Debts unpaid . Mony remained then , and are yet , unpaid and compounded for : And for the better recovery thereof , and for the continuance of Peace and amity between them , They the said A. B. and C. D. have equally divided those Debts yet remaining unpaid or compounded for : as in and by two Division of them . several Schedules thereof made ( the one called the first Schedule , wherein the Debts , Duties , sum and sums of Mony and Demands , yet due and unsatisfied now allowed and appointed unto the said C. D. are contained and mentioned ) and the other called the second Schedule , wherein the Debts , Duties , sum and sums of Mony , and Demands yet due and unsatisfied , and now appointed unto the said A. B. are likewise contained and mentioned , as by the said Schedules hereunto annexed , it doth and may appear .

( 20. ) Now this Indenture witnesseth , That it is Covenanted , granted , concluded and fully agreed by and between the said Parties for and concerning the Premisses , in manner and form Assignment of Debts by A. B. to C. D. following : And first , the said A. B. for him , his Executors and Administrators , doth by these presents grant , assign , and set-over , remise and release unto him the said C. D. his Executors and Administrators , all and every the Debts , Obligations , Bills obligatory , and several sum and sums of Mony in the said Schedule annexed to this present Indenture , called the first Schedule , mentioned and expressed , and all his part , portion , interest , right and demand therein , or thereto , with all such benefit and commodity , as the said A. B. can or may lawfully take or receive , upon , or by reason of the said Obligations , Bills ▪ Debts or Demands , contained or mentioned in the said first Schedule , allotted as aforesaid unto the said C. D.

( 21. ) And further the said A. B. doth by these Makes assignee Attorny to sue . presents , constitute and appoint , in his place and stead put the said C. D. during his life , and after his death , the Executors or Administrators of the said C. D. to be lawful Attorney or Attorneys irrevocable , for and in the name of the said A. B. during his life , and after his decease , for and in the name of his Executors and Administrators , to ask , take , sue for , recover and receive , all and every the said Debts in the said first Schedule mentioned , of the particular Parties therein mentioned , or any of them , their or any of their Executors or Administrators .

( 22. ) And the said A. B. for him , his Executors Power given to recover . and Administrators , doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents , That it shall and may be lawful to and for the said C. D. during his life , and to and for the Executors or Administrators of the said C. D. after his death , at the only Costs and Charges of the said C. D. his Executors and Administrators , in the Name of the said A. B. during the life of the said A. B. and after his death in the Name or Names of the Executors or Administrators of the said A. B. to commence and prosecute ▪ any Action or Actions , Suits or Plaints , for the recovery and getting in of all or any the Debts , Duties or Demands in the said annexed Schedule , called the first Schedule , mentioned or contained against all or any the Debtors therein named , their or any of their Executors or Administrators , and the same at the Cost and charges of the said C. D. his Executors or Administrators , to prosecute and pursue , until Iudgment and Execution thereupon shall be had and taken . And all such sum and sums of Mony , that shall upon , or by reason of any Suit or Suits , Plaint or Plaints , happen to be recovered , had , levyed and received , it shall and may be lawful to and for the said C. D. his Executors and Administrators , to have and take to his and their own use and uses , without any account to be thereof yielded or rendred to the said A. B. his Executors and Administrators , or any of them : ratifying , and by these presents confirming all and every action and actions , act and acts , thing and things , which the said C. D. his Executors or Administrators shall lawfully make , do , commit or execute , or cause to be made , done , committed or executed in and about the premisses , for and touching the said Debts in the said first Schedule mentioned .

( 23. ) And the said A. B. for himself , his Executors Not to Release . and Administrators , doth by these presents Covenant and grant to and with the said C. D. his Executors and Administrators , That he the said A. B. hath not heretofore released or discharged , nor that he , his Executors or Administrators , shall or will hereafter , release or discharge , all or any the Debts , Duties , sum or sums of Mony , or Demands in the said Schedule , called the first Schedule mentioned , without the consent or agreement of the said C. D. his Executors , Administrators or Assigns , first had and Not to discontinue any Action . obtained in writing , under his or their hands in that behalf . Nor voluntarily or willingly discontinue , disavow , or be Non-suited in , or make any retraxit or other discharge to hinder or delay any Action , Suit or Plaint which the said C. D. his Executors , Administrators or Assigns , shall at any time commence , sue or prosecute for the Recovery , getting in or obtaining the said Debts and sums of Mony in the said Schedule , called the first Schedule mentioned and contained , or any of them .

( 24. ) But , that he the said A. B. his Executors To justifie Actions . and Administrators , shall and will from time to time , and at all times hereafter , justifie , maintain , avow and allow , all and every such Actions , Suits , Plaints and Process , which he the said C. D. his , &c. shall at any time hereafter , commence , sue forth or prosecute ( at the cost and charges of the said C. D. his Executors , Administrators or Assigns ) against any person or persons , for the recovery , or getting in of all or any of the said Debts , and sums of Mony in the said Schedule , called the first Schedule , annexed to these presents contained and expressed .

( 25. ) And the said C. D. for him , his Executors To discharge , &c. the other . and Administrators , doth by these presents Covenant and grant to and with the said A. B. his Executors and Administrators : That he the said C. D. shall and will from time to time , and at all times hereafter , sufficiently acquit , discharge and save harmless the said A. B. his Executors and Administrators , and every of them , of , and from all and all manner of damages , troubles , suits , arrests , costs and charges whatsoever , which shall be taxed upon , or happen to be had , brought , recovered or obtained against the said A. B. his Executors or Administrators , Goods , Chattels or Lands , for or by reason of any Action , Suit , Plaint , Process , Iudgment , Arrest or Execution , which the said C. D. his Executors , Administrators or Assigns shall hereafter bring , commence , pursue or prosecute , or cause to be brought , commenced , pursued or prosecuted against any person or persons in the said Schedule , called the first Schedule , mentioned or contained .

( 26. ) And the said C. D. for the consideration Assignment of Debts by C. D. to A. B. aforesaid , doth grant , assign and set-over , remise and release unto the said A. B. his Executors and Administrators , all and every the Debts , Obligations and Bills obligatory , and several sums of Mony , Duties and Demands , in the said Schedule , called the second Schedule ( annexed to this present Indenture , and allotted to the said A. B. as aforesaid contained and expressed ) and all Writings and Specialties whatsoever , touching , or in any wise concerning the same , or any of them , and all his part , portion , interest and demand , of , in and to the same , or any part or parcel thereof , together with all such benefit and advantage , as the said C. D. his Executors or Administrators , can or may lawfully have , take or receive , upon or by reason of any of the said Debts , Duties or Demands , contained or expressed in the said Schedule , called the second Schedule , annexed to these presents : And that all and every the said several sums of Mony in the said Schedule , called the second Schedule , mentioned and contained , shall be , and remain fully and wholly , and to the sole and proper use of the said A. B. his Executors , Administrators and Assigns , without the let , trouble or contradiction of the said C. D. his Executors , Administrators or Assigns , and without any account to be rendred or yeilded unto the said C. D. his Executors , Administrators or Assigns , for or in respect of the same .

( 27. ) And the said C. D. doth Covenant , promise Not to release the Debts , &c. and grant , for himself , his Executors and Administrators , to and with the said A. B. his Executors and Administrators by these presents : That neither the said E. D. in his life time , nor the said C. D. since his decease , have not heretofore received , released or discharged : nor that the said C. D. shall or will at any times hereafter , receive , release or discharge the said Debts , Duties , sum or sums of Mony , and Demands , or any of them in the said Schedule , called the second Schedule mentioned , and allotted unto the said A. B. for his part , as aforesaid , of the premisses , without the consent of the said A. B. his Executors , Administrators or Assigns , first thereunto had and obtained , in writing under his or their hands : nor shall or Not to delay any Suit . will voluntarily or willingly discharge , hinder or delay any Action , Suit or Plaint whatsoever , which the said A. B. his Executors , Administrators or Assigns , shall at any time hereafter commence , sue or prosecute for the Recovery , getting in , or obtaining of all or any the said Debts , or sum or sums of Mony , or Demands in the said Schedule , called the second Schedule , mentioned or contained .

( 28. ) And whereas the said Debt Books , Covenant to deliver up the Bonds &c. and shew forth the Shop-Books . and other Books , Bills , Bonds , Obligations and Specialties , wherein the Debts , Duties and Demands before-mentioned , and wherein or whereby any Wares or Merchandizes were sold or delivered to the persons in the said last mentioned Schedule named or contained , are now in the hands or possession of the said C. D : He the said C. D. doth Covenant for him , his Executors , and Administrators , with the said A. B. his Executors , Administrators and Assigns , that he the said C. D. his Executors or Administrators , shall and will within two Months after the da●e of these presents , deliver or cause to be delivered unto the said A. B. his Executors , Administrators or Assigns , safe , whole and uncancelled , and unde●aced , all and every the Bonds obligatory , Bills and Specialties herein before-mentioned , to be assigned unto the said A. B. and whereby any of the Debts in the said second Schedule mentioned , are or shall become due and payable : and shall and will also upon reasonable request unto him the said C. D. his Executors or Administrators to be made by the said A. B. his Executors , Administrators or Assigns , produce and shew forth unto the said A. B. his Executors , Administrators or Assigns , or to , or before such person or persons as he or they shall appoint or direct : The said Books , called the Debt Books , and all other Books and Writings which remains in the hands , custody or possession of the said C. D. wherein the said Debts , Duties and Demands , or any of them ( contained in the said Schedule , called the second Schedule ) are contained , or whereby or wherein any Wares or Merchandizes , touching or concerning the same , which were sold or delivered to any person or persons in the said second Schedule contained , an mentioned or doth appear , whereby the said A. B. his Executors , Administrators or Assigns , may have and take the view , benefit and use thereof , to be shewed or produced forth in any Court or Courts of Record , or elsewhere , for the declaring , proving or manifesting of any the Debts in the said Schedule , called the s●cond Schedule , contained , or for any other reasonable occasion whatsoever .

In witness , &c.

Another , being also a Partition of Debts and Goods : after the dissolution of the Copartnership .

( 29. ) THis Indenture made , &c. Between A. B. Recital of their dissolution of the Copartnership . of the one part , and C. D. of the other part : Whereas the said Parties for and by the space of certain years now last past , have had , held and occupyed a partible Stock , and have continued Copartners in the Trade of buying , selling and retayling Linnen Cloth , and other Merchandizes : and now have resolved and agreed together from henceforth , absolutely to all intents , to dissolve , determine and break off the said Copartnership , of , and in the Premisses . And have further concluded and agreed to divide Their intention to divide the Stock . the said partible Stock , and all Debts and Credits thereof , and thereby arising and being : and each of them to hold and retain his several part and proportion , to and by himself , in severalty , to his own use and profit , and not in common or joyntly ,

( 30. ) It is therefore Covenanted and agreed , Covenant to dissolve . by and between the said Parties to these presents , and either of them for himself , his Executors and Administrators , doth Covenant and grant to and with the other of them , his Executors and Administrators by these presents , in manner and form following : that is to say , That the said Copartnership , and all other Partnerships and joynt tradings , now , or at any time before the Date of these presents , had , used or exercised by and between the said Parties to these presents do , and shall from henceforth , immediately cease , determine and clearly end and have no further continuance , or being to any effect or purpose whatsoever : any Covenant , Covenants , or other matter , agreement , promise or thing to the contrary thereof , had , made , concluded or promised by and between the said Parties to these presents in any wise notwithstanding : And that all such former Covenants , promises and agreements as have been passed or made , by or between the said Parties , touching any further continuance or prolonging of any such Copartnership , or Partnerships , to be had or holden between the said Parties , shall , by virtue of these presents , be deemed and adjudged to be void and of none effect .

( 31. ) And the said A. B. for himself , his Executors The one to have all the Goods and ready Mony . and Administrators , doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents , That he the said C. D. his Executors and Administrators , for his and their part of the said partible Stock , and other the Premisses , shall have , take and enjoy from henceforth , to the sole proper use and behoof of the said C. D. his Executors , Administrators and Assigns , all the Linnen Cloth , Wares , Merchandizes , a●d ready Mony whatsoever , now remaining in stock of the said Copartnership , or being any part or parcel thereof , or ●elating thereunto : which by estimation is now rated and valued to the sum of One thousand pounds of lawful Moneys of England , the same , and every part thereof to be , remain and continue from henceforth to the said C. D. his Executors , Administrators and Assigns , discharged and acquitted , or else upon reasonable request , saved and kept harmless by the said A. B. his Executors or Administrators , of and from all manner of Interests , Iudgments , Charges , Forfeitures , Titles and Incumbrances , had , made or suffered by the said A. B. or by any other in his Right or Title , or lawfully claiming by , from or under him , them or any of them .

( 32. ) And the said A. B. doth by these presents , Assignment thereof . grant , assign , release and put-over to the said C. D. his Executors , Administrators and Assigns , all the Right , Interest , Claim and Demand of him the said A. B. of , in and to all the said Linnen Cloth , Wares , Merchandizes and ready Mony , and of , in and to every part and parcel thereof .

( 33. ) And moreover , it is Covenanted , granted The other to have all the Debts . and agreed , by and between the said Parties to these presents : And the said C. D. for himself , his Executors and Administrators , doth Covenant and grant to and with the said A. B. his Executors and Administrators by these presents , That the said A. B. for his part and share of the said partible Stock , and other the premisses , shall have , take and enjoy to his own proper use and behoof for ever , without any let , disturbance or interruption of the said C. D. his Executors or Administrators , or any other lawfully claiming , from , by or under him : All and every such Debts , and sum and sums of Mony , which are now due and owing , or to be paid to the said Copartners joyntly , or by reason or means of the said Copartnership , and which are particularly mentioned and expressed in a Schedule indented , annexed to these presents , together with all Bills , Bonds , Specialties and Books concerning the said Debts , or any of them .

( 34. ) And the said C. D. doth by these presents Assignment of the Debts . clearly and absolutely , as much as in him lieth , release , assign and set-over unto the said A. B. his Executors , Administrators and Assigns , all and every the said Debts , and sum and sums of Mony , owing as aforesaid : and all Bonds , Bills , Specialties and Books whatsoever , touching or concerning the same , and all his Right , Title , Interest , Claim and Demand whatsoever , of , in and to the same Debts , and every part and parcel thereof : and of , in , to all and every the said Bonds , Bills , Specialties and Books which touch or concern the said Debts , and sum and sums of Mony , or any of them , or any part or parcel thereof .

( 35. ) And the said C. D. for himself , his Executors That the Assignee of the Debts , shall enjoy without account . and Administrators , doth Covenant and grant to and with the said A. B. his Executors , Administrators and Assigns , by these presents , in manner and form following : that is to say , That he the said C. D. his Executors and Administrators , shall and will from time to time , and at all times hereafter permit and suffer , That be the said A. B. his Executors , Administrators and Assigns , to his and their own use , shall and may demand , require , collect , receive , gather and levy by all lawful ways and means , all and every the Debts , and sum and sums of Mony in the said Schedule mentioned or expressed , and every part and parcel thereof , without any let , denial , gain-saying or interruption of the said C. D. his Executors or Administrators , or any of them : and the same shall or may retain and hold to his and their own proper use , without any account thereof , or of any part thereof , to be made o●●endred to the said A. B. his Executors or Administrators , or any of them .

( 36. ) And that he the said A. B. his Executors , Power given to sue . Administrators or Assigns , shall and may commence , sue or prosecute any Action , Suit or Plaint , for the Recovery , getting in or obtaining of the said Debts , in the said Schedule mentioned , or any of them , at the Costs and charges of the said A. B. his Executors , Administrators or Assigns , in the Name or Names of the said C. D. or of the said A. B. and C. D. or either of them , their , or either of their Executors , or Administrators , without any discharge , revocation or stay of the said Action or Actions , Suits or Plaints , or any of them , to be caused or suffered by the said C. D. his Executors or Administrators : so as the said A. B. his Executors or Administrators shall from time to time , upon reasonable request , to him or them to be made in that behalf by the said C. D. his Executors or Administrators , save , defend and keep harmless the said C. D. his Executors and Administrators , and every of them , of , and from all Losses , Costs and Dammages which he the said C. D. his Executors or Administrators shall or may sustain or be at , by occasion or means of any such Action , Suit or Plaint to be prosecuted as aforesaid .

( 37. ) And that he the said C. D. hath not heretofore , Not to release any Debts ; if he do , himself to make satisfaction . nor that he his Executors or Administrators shall hereafter receive , acquit , release or discharge the said Debts in the said Schedule mentioned , or any of them , unless it be by the special consent and agreement of the said A. B. his Executors , Administrators or Assigns , first in that behalf had or obtained in writing : but in case the said C. D. his Executors or Administrators shall he●eafter release , acquit or discharge any of the said Debts in the said Schedule expressed , without such consent and agreement of the said A. B. his Executors or Administrators , as aforesaid , That then he the said C. D. his Executors or Administrators , within six weeks after every such Release and discharge of any of the said Debts , in the said Schedule expressed , shall and will truly pay and satisfie , or cause to be paid and satisfied to the said A. B. his Executors and Administrators , the full proportion of all and every such Debt and Debts , in the said Schedule expressed , which he the said C. D. his Executors or Administrators shall so release or discharge without fraud or covin .

( 38. ) And the said A. B. for himself , his Executors The one to pay part of the Debts by them owing . and Administrators , doth covenant and grant to and with the said C. D. his Executors and Administrators by these presents , That he the said A. B. his Executors or Administrators , shall and will well and truly satisfie and pay , to a●● among the Creditors of the said A. B. and C. D. in respect of their said Copartnership , the sum of 500 l. of lawful moneys of England , towards the payment and satisfaction of such Debts and sums of money , as to the said Creditors are due and owing , out , of , or in respect of the said partible stock , copartnership or joynt occupying , in manner following , viz. &c.

( 39. ) And the said C. D. for himself , his Executors The other to pay the other part of the Debts and Administrators , doth covenant and grant to and with the said A. B. his Executors and Administrators by these presents , That he the said C. D. his Executors or Administrators , shall and will well and truly satisfie and pay , to and among the said Creditore , towards the payment and satisfaction of such Debts and sums of money , as to the said Creditors are due and owing , out , of , or in respect of the said partible stock , and joynt dealing , the sum of 400 l. of lawful moneys of England , in manner and form following , v●● . &c.

( 40. ) And it is agreed by and between the Private Debts . said parties to these presents : And each of the said parties severally for himself , his Executors and Administrators , doth covenant and grant , to and with the other of them , his Executors and Administrators by these presents , That if any privy Debt , charge or cause of action , be growing or depending , by reason or occasion of the said Copartnership , unto which the said Copartners are become subject and liable unto , other then and except such known Debts , charges and causes of action , as are mentioned or specified to be owing , due or arising in and by their common Book of Accompts kept between them , That then and in all such cases , such of the said parties to these presents , in whose default , or by whose act and procurement such Debt , charge or cause of action , did grow or arise , shall within convenient time fully satisfie and pay the same , and thereof discharge , acquit , and save harmless , the other of the said parties , his Executors and Administrators .

( 41. ) And moreover it is agreed by and between Variances arising how to be decided . the said parties for them , their several Executors and Administrators , That if any variance or cause of Suit at any time or times , hereafter do or shall happen to grow or arise between the said parties , or the Executors or Administrators of them or either of them , by , for , upon , or concerning any Covenant , clause , matter or thing , in these presents expressed or contained , or for or in respect of the said Copartnership , or joynt trading ; That then and so often the party in that behalf grieved , shall make declaration thereof unto , &c. unto whose order , determination and judgment , for , touching and concerning the same , or any part thereof , for time to time , the said parties , and either of them , for their several parts , and for their several Executors and Administrators , do wholly submit themselves by these presents , so as their order and judgment concerning the same , be made or given up in writing , under their hands and seals , within three Months , next after such declaration to them made , as aforesaid : and during the said three Months neither of the said Parties shall directly or indirectly , bring , pursue or prosecute any Action , Suit or Plaint against the other of them , his Executors or Administrators , touching the same . And they the said Parties do bind themselves , their several Executors and Administrators , to stand to , abide and perform all and every such order , judgment and determination , as the said , &c. shall within such time , as aforesaid , make and give-up , as aforesaid , for and touching the Premisses referred to them .

In witness whereof , &c.

The form of a Condition of a Bond , upon separation of Copartnership .

( 42. ) THe Condition of this Obligation is Recital of former Partnership , and Debts contracted . such , That whereas the within bounden A. B. and the within named C. D. have for divers years , now last past , occupyed together as Copartners in all things , as wel touching and belonging to the Trade of Woollen-draper , as in such Wares and Commodities , as during the said Copartnership , they have otherwise traded and dealt in . In which time of their Copartnership , and by reason thereof , there are divers and sundry Debts and sums of Mony owing unto them , and likewise divers several Debts are owing by them to several Persons , by reason of the said Copartnership , which are by them the said Parties to be equally born and payed , The several particulars of which said Debts , as well to them due and owing , as by the● due and owing are mentioned and comprised in two several Schedules , subscribed with the hands of the said A. B. and C. D. whereof the one remaineth in the custody or hands of the said A. B. and the other remaineth in the custody or hands of the said C. D.

( 43. ) And forasmuch as the said A. B. and C. Their desire to dissolve the Copartnership and to divide the Debts , &c. D. have between themselves agreed , not to continue or proceed any farther in Copartnership together , but are willing and minded to take out their several Stocks , and to separate and divide asunder from their former joynt trading , and for that it is the full meaning of each of the said Parties , that for the Debts to them due and owing , as Copartners , and in respect of their said joynt dealing ( after the Debts owing by them , which were contracted during the said joynt Trade , and by reason of the said Copartnership are satisfied and payed ) should be equally divided between the said A. B. and C. D. part and part like .

( 44. ) If therefore the said A. B. his Executors , To give notice of Receipts . Administrators or Assigns , shall and do from time to time , within one Month next after he or they shall have at any time or times hereafter , received any part or parcel of the Debts , Duties , or sums of Mony mentioned in the said Schedule or Writing , to be to them joyntly due and owing in respect of the said Copartnership , do give iust and true knowledge unto the said C. D. his Executors , Administrators or Assigns , of every such particular Receipt ▪ so from time to time to be had and received .

( 45. ) And do also then make just payment unto To pay a moiety to his Fellow . the said C. D. his Executors , Administrators or Assigns , of the one moiety , or full half part of every such sum and sums of Mony , so by the said A. B. his Executors or Assigns , to be received or had upon their joynt account . And further , that if the said A. B. his Executors , Administrators or To pay the other moiety to Creditors . Assigns , within convenient time after such particular Receipt , as aforesaid , do from time to time pay , or cause to be paid , unto and amongst the joynt Creditors of the said A. B. and C. D. for and towards the payment of their joynt Debts , growing by their said Copartnership , the other moiety or half part of such sum and sums of Mony , as shall from time to time be received , as aforesaid , until such time as their said Debts shall be fully satisfied .

( 46. ) And further also , if neither the said A. B. Not to compound without the others consent . his Executors , Administrators or Assigns , nor any of them , at any time or times hereafter , shall or do make any composition for the said Debts , Duties , sum or sums of Mony , or any of them , with any of the Debtors owing the same , or any of them , without the special licence , consent or agreement of the said C. D. his Executors , Administrators or Assigns , first thereunto had and obtained in that behalf .

( 47. ) And further , if the said A. B. his To assist the other . Executors or Administrators , do and shall from time to time , use his and their best endeavour for the ayding and assisting of the said C. D. his Executors , Administrators and Assigns , for the better and speedier obtaining and recovery of his and their parts of every of the said several Debts , Duties , sum and sums of Mony to them , in regard of their Copartnership aforesaid , due or owing , and that without fraud or covin : Then this Obligation to be void , and of none effect , or else , &c.

The like to be made by the other Party : but I think it best in both , to alter the five and fortyeth Section ; and to make the one moiety of what shall be received to be payed in discharge of Debts : and the half of the residue , to be payed to C. D. &c. mutatis mutandis .

Another form of a Condition , upon separation of Copartnership : for one to discharge the other of Debts due upon a private account .

( 48. ) THe Condition of this Obligation is Recital of Copartnership , and particular debts accruing during the same . such , That whereas the within named C. D. and the within bounden A. B. have for divers years last past , occupyed together as Copartners in all things , as well touching and belonging to the Trade of a Wollen-draper , as in such other Wares and Commodities , as during the said Copartnership they have otherwise traded and dealt in . In which time of their Copartnership together , each of the said Parties are become indebted to divers and sundry persons of their own meer particular and private account , not properly belonging to the partible account of Copartnership : or wherewith either of the said Parties , in respect of their mutual and joynt occupying together , are charged .

( 49. ) And , forasmuch as they the said Parties Their intent to separate , and that neithers Debt charge the other . to these presents , are now by mutual agreement separating from further dealing in Copartnership together , and it is the full intent and meaning of both the said Parties , that all Debts , Duties , and sum and sums of Mony , as the said A. B. in the time of the said Copartnership together with the said C. D. was , or is any way indebted , as touching his private , proper and single account , shall not in any wise touch or charge the said C. D. his Executors or Administrators , with the payment of the same , or of any part thereof .

( 50. ) If therefore the said A. B. his Executors To discharge his F●llow from the private Debts . or Administrators , do and shall at all and every time and times hereafter , clearly and absolutely acquit , discharge and save harmless the said C. D. his Executors and Administrators , and his and their Goods and Chattels , against all and every person or persons whatsoever , not onely of and from , all and every such Debt and Debts , and sum and sums of Mony , due heretofore , made and contracted by the said A. B. in the time of the said Copartnership , which belonged not unto , or any way concerned the joynt or partible account between them , as Copartners , but onely , solely and singly unto the said A. B. his Executors and Administrators , but also of and from all actions , suits , arrests , costs and dammages , which may arise or come , for , touching , or in any wise concerning the said private and single Debt and Debts of the said A. B. unto the said C. D. his Executors or Administrators , or with which he shall or may in any wise be chargable with . Then this Obligation to be void and of none effect , or else , &c.

The like from C. D. to A. B. mutatis mutandis .

CAP. V. Containing some Presidents relating other matters : between Traders .

Articles of agreement concerning Factorship , between a Trader in the Country , and his Factor in London .

( 1. ) ARticles of agreement had and made Recital of the Contract . the , &c. Between A. B. of , &c. Clotheir of the one part , and C. D. of London , &c. on the other part : Whereas the said A. B. hath contracted with the said C. D. to imploy him as a Factor in London , for him the said A. B. for the venting , selling and uttering of all such Ilmister and Chard Kersies , as he the said A. B. shall consign and send unto him the said C. D. to his now dwelling house in Lothbury London , for and during the term and space of two years , to be reckoned and accounted from the day of the Date hereof .

( 2. ) Whereupon it is Covenanted , granted , To utter Wares sent . concluded and agreed by and between the said Parties : and either of them the said Parties , by and for himself , his Executors and Administrators , doth Covenant and grant to and with the other of them the said Parties , his Executors and Administrators , in manner and form following . Imprimis , That he the said C. D. shall and will not onely accept and take into his house , charge and custody , all such Ilmister and Chard Kerseys , as the said A. B. shall upon his account , or which shall belong unto him , send and consign unto the said C. D. to London to be vented and sold , but also shall do his best endeavour in the vending and selling of the same , to and for the only use and benefit of the said A. B. in the best manner that he the said C. D. can or may perform , and that from time to time , for and during the space of two years , to be reckoned and accounted , as aforesaid .

( 3. ) Item , That he the said C. D. shall not To keep true Accounts , and to make true payments . only keep , or cause to be kept , just and true Book and Books of account and reckoning in writing , of all such Cloth and Kerseys , as the said A. B. shall from time to time , during the said space of two years , to be reckoned as aforesaid , consign unto the said C. D. and shall so come to his charge , and also to whom , and at what Rates and Prizes , and at what time and times the same shall be sold and vented , but also make true payment and delivery unto the said A. B. his Executors , Administrators or Assigns , of all such Moneys , Specialties , and other things as shall come unto the hands of , or shall be received by the said C. D. for the said Kerseys , during the term aforesaid , together with such Kerseys , as before the same account shall appear to be received by the said A. B. and not sold at the end of the said term .

( 4. ) Item , That he the said C. D. shall be To be faithful , &c. true and faithful unto the said A. B. in all his said sales to be made , and not defraud or defeat the said A. B. in any of the Premisses , wilfully , or to his knowledge , but shall endeavour to vent the said Kerseys unto able men , for the smallest and shortest time of payment , and for the best prizes , so far forth , as he conveniently can or may perform or procure without fraud or covin . And that the said C. D. shall not during the said two Not to be Factor for any other , &c. years , deal or trade as Factor , for any other person or persons , for the buying or selling of any Ilmister or Chard Kerseys , but only for him the said A. B. and as his agent or Factor , as before is specified .

( 5. ) Item , In consideration of which Factorship , The Recompenc● for the Factor . so to be done and performed , as aforesaid , by the said C. D. he the said A. B. doth for him , his Executors and Administrators , Covenant and promise to pay unto the said C. D. his Executors or Administrators , the sum of , &c. per annum , and also the sum of , &c. per annum , for Hallage , Portorage , and other like Charges .

( 6. ) Item , That the said A. B. shall not at Not to consign any other but his own Kerseys . any time , during the said two years , consign or send unto the said C. D. any of the said Kerseys , that shall belong t● any other person or persons , but such that shall properly belong unto him the said A. B.

In witness , &c.

The form of Articles of agreement amongst Creditors , for levying of Debts .

Articles Tripartite Indented of agreement , made the , &c. Between the Creditors of M. F. late Citizen and Mercer of London , deceased , whose Names , together with their Debts severally to them owing , are specified in a several Schedule to every part of these presents annexed , on the first part : C. D. of , &c. a Creditor also of the said M. F. on the second part : and E. F. of , &c. Widow , late Wife of the said M. F. on the third part ▪ in manner and form following : That is to say ,

( 7. ) IMprimis , The said Creditors , and every Who to take Administration of the Debtors Goods , &c. of them have agreed , and by these presents do agree with the said C. D. and E. F. that the said C. D. shall and may have and take the Administration of all the Goods , Chattels and Credits , which were of the said M. F. deceased , according to the Laws of this Realm : thereof to dispose and administer , according to the tenor of these present Articles , and not otherwise .

( 8. ) Item , That in consideration of such pains as the said C. D. shall take about the said What allowance the Admininistrator is to have . Administration , the said C. D. upon his true and reasonable account thereof made , before such auditors as the said Creditors , or the greater part of them shall assign to take the said account , shall have allowance of all his reasonable Cost and charges , as well by Suits of Law or otherwise , by him to be defrayed and expended about the said Administration , and moreover six pence for every twenty shillings in value that he shall Administer : And also that the said C. D. at every dividend making , shall and may retain for his own Debt , owing by the said M. F. in equal proportion , with what he shall divide and pay to the other Creditors according to the quantity of their several and respective Debts .

( 9. ) Item , That the said C. D. shall before What proportion the Debtors Widow shall have . any dividend , pay or cause to be paid to the said E. F. for satisfaction of her Title of Dower in the late Mansion house of the said M. F. scituate in , &c. the sum of forty pounds of lawful Moneys of England , or shall deliver unto her , so much of her said late Husbands Goods , as shall amount to that value ( according to a reasonable estimation ) and likewise , for the Funeral charges of the said M. F. ten pounds of like Moneys : And also shall deliver to her the said E. F. to her own use , or suffer her to detain and keep to her own use and behoof , all her Apparel and Ornaments belonging to her Body , and such other things as she and the Creditors have agreed : as may appear by writeng under their hands .

( 10. ) Item , That the said C. D. so soon as An Inventory to be made of the Goods . reasonably may be , after the said Letters of Administration to him granted , shall with and by the consent , and in the presence and over-sight of , &c. or three of them , cause all the Goods , Chattels and Debts , within the Realm of England , which were belonging to the said M. F. at the time of his decease , to be viewed and appraised by indifferent Persons , and a true Inventory thereof to be made , according to the usual custome , in such cases used within the City of London .

( 11. ) Item , That the said E. F. for her part The Widow to discover the Goods . shall and will use all her best endeavour , to discover and make known all and singular the Goods , Chattels and Debts of the said M. F , to the said C. D. and the other persons before-mentioned , without any concealment , default or delay in her behalf .

( 12. ) Item , That after the Goods , Chattels The Debts to be satisfied . and Credits of the said M. F. shall be so viewed and appraised , and an Inventory thereof made and taken , as aforesaid : That then as well for the satisfying and payment of what is to be first satisfied and paid , in manner and form aforesaid , as towards the equal payment of the said Creditors , the said C. D. shall by the consent and oversight of the said , &c. or any two of them , make such speedy sale , at the best rates that he can , of all the Goods and Chattels which were of the said M. F. within the Realm of Cngland , other than such as be appointed for the said E. F. as aforesaid , and make such speed to gather in and obtain such Debts as were owing unto the said M. F. at the time of his decease , as he reasonably can or may do : and then after the satisfaction and payment before-mentioned , to be first satisfied and paid , being first had and made : shall from time to time proportion and divide all the rest that shall come to his hands , of the Estate of the said M. F. unto every of his said Creditors , rate and rate like , according to the quantity of their several Debts , from time to time , and as often as he the said C. D. shall have any thing whereof such dividend may be made , until all the said Creditors shall be payed and satisfied their said Debts , if the Goods , Chattels and Debts of the said M. F. will extend or amount thereunto .

( 13. ) Item , That R. H. one of the Creditors Debts beyond Sea , &c. in the said Schedule mentioned , shall enjoy all such Goods and Debts , which were of the said M. F. and which the said R. H. hath now attached beyond the Seas , towards the payment of such Debts , as the said M. F. did owe there to him , and thereof the said R. H. so soon as conveniently may be , to shew the account to the said C. D. and four or three of the said Creditors at the least : and if more be recovered beyond the Seas by the said R. H. of the Goods and Debts late of the said M. F. than the Debt which the said M. did owe , to be paid there to the said R. H. That then he the said R. H. shall accept of the overplus in part of payment of his Debt , owing unto him by the said M. F. here in England .

( 14. ) Item , That none of the Parties aforesaid , Not to commence or prosecute any Suit in prejudice of these agreements . shall or will do or procure any thing to be done by any Suit , Plaint , Action or Attachment against the said C. D. or any other within the Realm of England , whereby the performance of these present agreements , or any of them , shall or may in any part be impeached , troubled or let : and that every of them shall acquit and relinquish all and every former Suits and Attachments whatsoever , had or made , which shall or may in any wise let or prejudice the true performance and fulfilling the said agreements , contained in these presents , or any of them .

( 15. ) Item , The said C. D. doth hereby agree To take upon him Administration , to discharge the Debts , &c. to take upon him the said Administration , and thereof to administer truly and faithfully , according to these present Articles , and if there shall come su●ficient to his hands to satisfie all the Creditors of the said M. F. and any thing shall remain to him over and above what will satisfie , according to the true meaning of these presents , That then upon reasonable request to him made , and discharge thereof to him given , by the said E. F. her Executors or Administrators , he the said C. D. shall and will well and truly pay , or cause to be paid , the remainder thereof unto the said E. F. her Executors or Administrators , she or they putting in reasonable security to the said C. D. by her or their own Bond to re-pay the same , or so much thereof , as shall be lawfully and truly recovered , by any other Creditor of the said M. F.

( 16. ) Item , If any Creditor or Creditors I● Debts be recovered by Creditors , not Parties hereunto ; then all to Contribute . of the said M. F. not Party to these presents , do at any time commence any Action or Suit against the said C. D. as Administrator of the Goods and Chattels of the said M. F. and that the said Creditor , or Creditors of the said M. F. shall thereby lawfully , without practice , fraud or covin , recover their Debts , or any of them , against the said Administrator : Then it is further agreed by and between the said Parties to these presents , That the Creditors aforesaid , Parties to these presents , whose Debts shall be payed in part or in whole , according to this agreement , shall out of their several dividends , allow , satisfie and pay part and part like unto the said C. D. so much of their parts and proportions so received , as aforesaid , and according thereunto , as will satisfie and discharge the said Debt or Debts , and Dammages and Costs of Suit for the same , the said C. D. likewise contributing accord●ng to his Rate towards the same .

( 17. ) Item , It is further agreed , That if To give notice of Suits . any Creditors of the said M. F. not Parties to this agreement , shall or do commence any Suit or Suits , against the said C. D. as Administrator of the said M. F. Then the said C. D. shall thereof give notice and warning unto the said Creditors , Parties to these presents , or to three of them at the least , to the end that they may joyn with the said C. D. in defence of the said Suit , for the best and common Commodity and advantage of the said Creditors , Parties to these presents .

( 18. ) All and every which Agreements aforesaid , All Covenant to perform the Articles . and every Article and Clause thereof , every one of the Parties aforesaid , on their several behalves , and for their several Executors and Administrators , do Covenant , grant and promise to and with all and every the other of the Parties aforesaid , and their several Executors and Administrators , well and faithfully to hold accomplish and perform , without any fraud or deceit .

In witness , &c.

Articles of Agreement for erecting a New building in London , since the great Fire : according to the Act of Parliament for rebuilding London .

Articles of Agreement made the , &c. Between A. B. Citizen and Fishmonger of London , of the one part ; and C. D. of the parish of St. Andrews Holborn , in the County of Middlesex Carpenter , and E. F. of the same parish Bricklayer , on the other part , as followeth : That is to say ,

( 19. ) Imprimis , The said C. D. and E. F. for To build a Messuage . themselves joyntly and severally , and for their and each of their Executors , Administrators and Assigns , do Covenant , promise , grant and agree , to and with the said A. B. his Executors , Administrators and Assigns , as followeth : that is to say , That they the said C. D. and E. F. their Executors , Administrators , Workmen or Assigns , shall and will for the consideration after mentioned , at their or some of their proper Cost and charges , and with their , or some of their own Materials , in good firm and workman-like manner , erect and build , or cause to be erected and built , one Messuage or Tenement upon a Toft , piece or parcel of ground , scituate on the North-side of the street within Newgate-Market , London , formerly called Newgate , containing in breadth on the front fifteen foot , or thereabouts , and in depth one and forty foot , or thereabouts , lying between the Messuage in the occupation of I. B. on the East-side , and the Messuage in the occupation of K. L. on the West-side .

( 20. ) Which said Messuage shall contain , one The Rooms therein to be contained . Celler with a partition about the middle part thereof , and a door therein , and a Shop over all the said Celler , three Rooms over the said Shop : that is to say , A Fore-room , a Back-room , and a little Buttery in the Kitchin next the Stairs : three Rooms over the said last mentioned Rooms , and three Rooms over them of the like dimensions : with two Garrets over them : and the same shall do , compleat and finish , or cause to be done , compleated and finished in good , strong and workman-like manner : and with good , strong and sound Bricks , Mortar , Timber and Materials : with all the Bricklayers work , Tilers work , Carpenters work , Smiths work , Plommers work , Plaisterers work , and Glasters work whatsoever , that is or shall be needful and convenient for the building , compleating , and making habitable the said Messuage or Tenement .

( 21. ) Item , That they the said C. D. and E. F. To pursue the Act for builing . their Executors , Administrators , Workmen and Assigns , shall and will do and perform all the said Bricklayers and Tilers work , and Carpenters work , and other works aforesaid , with such Materials , of such proportions , dimensions and scantling , and in such manner and form , as is directed , limitted and appointed , in and by an Act of Parliament , made in the Nineteenth year of his now Majesties Reign , intituled , An Act for rebuilding the City of London , and the Scheam thereunto annexed , for houses of the first sort of building , to be builded and erected , or as is directed by any other Act of Parliament since made .

( 22. ) And shall sink , and make the Cellar under The Cellar . all the said Messuage Eight foot deep , and shall in such convenient place in the said Cellar , as the said A. B. or his Assigns shall direct , dig , An House o● Office in the Cellar . and make a Vault six foot square every way , or cleanse , repair and amend the old Vault there , and make the old Vault of the same largeness , in case it be not so : and from the same new or old Vault , shall make and carry up a sufficient Brick Funnel into the Cellar for an House of Office , and make a convenient seat thereunto : And shall make good and substantial Cellar-windows to Cellar Windows . Pav●ment . Stairs . the said Cellar , out of the street , with good and substantial Iron-bars to the same Windows : The said Windows , to be of such largeness and form as the said A. B. or his Assigns shall direct . And shall Pave the said Cellar with good Bricks , and make a good strong pair of Stairs out of the street thereunto , with good dry Elm Planks , about three foot and a half wide , with a good strong Plank and door to the said Stairs , and strong Iron-bolts to the said door : And shall in such convenient place , in the first Room or Shop over the said Cellar , as the said A. B. or his Assigns shall appoint , make a good pair of Stairs , of two foot and eight inches wide at the least , with Elm boards , into the said Cellar , and a Door well framed , plained and hung at the head of the said Stairs , with an Iron-latch and catch thereunto : And shall make and prepare a L●aden Gutter . place for a Leaden-Gutter , to be laid in the most convenient place , between the said Shop and Cellar , for carrying the Water from the Kitchin and Yard belonging to the Premisses , and from the Sink of the said A. B. next to the Street .

( 23. ) Item , That they shall make the first or The Street Door . Street Door to the said Messuage , with two leaves of good , whole , dry Deal , well framed and lined , hung with good Hinges , with a good upright Bar and Staple to it , with a Flap , and two strong Iron Bolts , over the same Door . Shop-Windows . And shall make good and substantial Shop-Windows , of good , whole , dry Deal , well glued , battered , and lined , with slit Deal , with good and sufficient Bars , Hinges , Staples , and Pins fitting to the same , of such form as the said A. B. or his Assigns shall direct . And shall carry The Stair-Case . up a Stair-Case through the said House , with an open Newel-light , the Sky light over the Newel to be well glazed , leaded and cemented . The Stairs to be of such wideness , and placed in such convenient places , and in such form , as the said A. B. shall direct . The said Stair-Case to be made with Rails , Banisters , Balls and Pendents . And shall make strong , handsom Doors to the Chamber . and sufficient Partitions and Doors to every upper Room or Chamber , with Iron Latches , Catches and Hinges to every Door , the same Doors to be made of good dry Deal glued and battered . And also one convenient Chimney to Chimneys . every of the said upper Rooms , of such dimensions , depth and wideness , and place the said Partitions , Doors and Chimneys , in such places , sort and manner , as the said A. B. or his Assigns shall direct . And shall make a handsom Back-Window to the Shop . transom Window to the back part of the Shop , with two Iron Casements therein , and well glazed , with good Shutts to the same , of whole Deal , glued , lined , battered and hinged , with good and substantial Hinges . And an handsom A Back-Door . strong Door into the Yard , of whole Deal , well smoothed , glued , battered and hinged , with good Bolts to the same ; and a glass Window over the said Door , with good Iron Bars , the same Windows to be of such largeness and dimensions , as the said A. B. or his Assigns shall direct .

( 24. ) Item , That they shall put one good Lock to the fore-Door . strong Lock with a Key , to the fore-Door of the said Messuage , of eight shillings price at the least , and make and put up in the Front even with the fore-Chamber over the Shop one fair Belcony , ten foot long , of good wrought Iron , Belcony . and not cast Iron . And shall make one handsom pair of Doors , of Oak , four foot wide at the least , with a handsom glass Window on the top of the said Doors , to go into the said Belcony . And on each side of the said Belcony-Window , a convenient two-light transom Window , and shall Windows Pediment for a Sign . Chamber-Windows . make an handsom Pediment in the Brickwall over the Belcony to place a Sign in , as the said A. B. or his Assigns shall direct . And shall make in the two next Stories forwards , a transom Window to each Room , of four foot and a half wide , or thereabouts , of a proportionable depth : and on each side of the said Window , make a two-light transom Windom , uniform with the Windows underneath . And to all the back-Chambers , a six light transom Window in the rear of every Chamber , and a four light transom Window , on the East-side of every of the said back-Rooms . The Frames of all the said Windows to be good , dry , oaken Timber , well wrought and placed , as the said A. B. or his Assigns shall direct . And shall make a good strong Iron Casement to the third Story-Window to the Front , with a good strong Lock to the same , and an Iron Rod in the middle thereof , the same Casement to be of such largeness every way , as the said A. B. or his Assigns shall direct . And shall make a good Iron Casement to such of the said two-light transom Windows , in the said third Story on the Front , as the said A. B. or his Assigns shall direct . And shall also make a good Iron Casement to the four light Window in the fourth Story to the Front , and to every Window in the rear . All the Windows to the Front-Rooms up one pair of Stairs , to have sufficient and substantial Iron Bars . And shall make one good clear Story three light luthern Window to the fore-Garret , and a three light clear Story Window to the back-Garret , the Frames to be of Oak , with an Iron Casement in each Garret-Window .

( 25. ) Item , That they shall Plaister and Plaistering and Ceeling . Ceel in workman-like manner with good Lime and Hair , all the Wals , Partitions , and Ceelings of every Room of the said House , and in every other place necessary except the Cellar , and shall lay all the Floors with good , whole , dry Flooring Deal , smoothed and close joynted : and shall cover the uttermost Rooms backward , or back-Garret , Covering . with good Lead , which Lead shall weigh ●ight pound and a half the foot at the least , and make a Brick Wall on the back part , and on each side of the said Leads three foot high : and cover the said Wall with a Coping or Campshot of good sound Oak Timber : and shall cover the fore-Garret of the said House with good plain Tiles : and make convenient Gutters of Lead , to carry Leaden Gutters . the water from the said Roof and Leads into the street , and bring the same with a convenient Pipe to the ground : and shall raise the ground-Floor Raising the Floor of the said Messuage , a convenient height above the street , so that there may be a stone-Step of seven inches high or more , as shall be convenient at the street-Door , and raise every other Story proportionable , according to the Acts of Parliament in that behalf . And shall build The Front . Roof . Painting the Front of the said House with good rubbed Brick , and carve off the Roof with Cantilavers and Cornishes : and shall paint all the Window-Frames , Window-Casements , out-Doors , and Door-Cases , Cantilavers and Cornishes of the said House , and all out-places necessary , Glasing . with good Colours well laid in Oyl . And glaze all the Windows of all the Front , upper Rooms or Chambers , and Front-Garret , and the back Windows of the Shop , with good square Glass , well leaded , and all the rear and back-Windows , except the Shop , with Quarries well leaded .

( 26. ) Item , The said C. D. and E. F. for Time of finishing the House . themselves and either of them , their and either of their Executors , Administrators and Assigns , do by these presents Covenant , promise and grant , to and with the said A. B. his Executors Administrators and Assigns as followeth , viz. That the said House , and all and every the premisses , shall be in all things as aforesaid , fully and wholly done , compleated and finished , by or before the twenty ninth day of September now next ensuing . And if it shall happen the said work , or any part thereof , shall not be compleated and finished , according to the true intent and meaning of these presents , by the twentieth day of October next also ensuing , That then and Forfeiture ▪ if not finished . from thenceforth they the said C. D. and E. F. their Executors and Administrators , shall and will well and truly pay or cause to be paid , unto the said A. B. his Executors Administrators , or Assigns , the sum of ten shillings sterling by the day , for every day which the said Work and Building , or any part thereof , shall so remain , and be unfinished and uncompleated .

( 27. ) And that they the said C. D. and E. F. To save harmless from the Acts , touching Building their Executors and Administrators , shall and will from time to time and at all times hereafter , well and sufficiently save and keep harmless and indempnified the said A. B. his Executors Administrators and Assigns , and every of them , and the said Messuage , and all and every his and their other Lands , Tenements and Hereditaments , Goods and Chattels , of and from all fines , pains , penalties , punishments and forfeitures whatsoever , contained in the said Acts of Parliament , or any of them , for or by reason of any irregularity which shall happen in the said Building , or any part thereof , contrary to the said Acts of Parliament , or any of them , for or touching the rebuilding of the City of London , and of and from all such Actions , Suits , Charges , troubles and damages , which he the said A. B. his Executors Administrators or Assigns may happen to incur , or be put unto , or sustain for or by reason thereof .

( 28. ) In consideration of which said Work , Payment for the Building Materials and Buildings , to be done and performed in manner and form aforesaid , the said A. B. for himself , his Executors Administrators and Assigns , doth Covenant and promise to pay and satisfie unto the said C. D. and E. F. their Executors Administrators and Assigns , after the rate and price of sixty four pound the square , for every square of the said Building , the said money after the rate aforesaid to be paid as followeth , that is to say , When the Floor over the said Cellar is laid , fifty pound thereof : when the next Floors up one pair of Stairs are laid , fifty pound more thereof : when the next Floors over that up two pair of Stairs are laid , fifty pound more thereof , &c. ( as to the rest ) and when all the said Work and Building shall be wholly done and finished in all things , according to the true meaning of these presents , all the remaining money that shall be due for the same , at the rate of sixty four pound the square , as aforesaid .

In witness .

FINIS .

A Table of the several Chapters and Sections contained in this Book . CHAP. 1. Observations touching Conveyances in general , Sect. 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9. Chap. 2. The forms of setting forth the Grounds and Considerations of a Conveyance or Settlement , &c. Money in part paid , and in part secured , Sect. 1. Barring an Estate Tayl , Sect. 2. Natural life , Preferment of Children , Sect. 3 , 4. Settlement on collateral Heirs , Sect. 5. A Marriage to be had , and settlement of a Joynture , Sect. 6 , 7. Performance of an Agreement , Sect. 8. Payment of Debts , Sect. 9. Chap. 3. Containing several Covenants . To levy a Fine by Husband and Wife , Sect. 1 , 2. By several Persons severally interessed , Sect. 3. In the County of Lancaster , Sect. 4. Of Chester and Lancaster , Sect. 5. In ancient Demesn Court , Sect. 6. With a Render for years , Sect. 7. With Render of a Rent , Sect. 8. A Fine sur concessit , Sect. 9. To sue forth a Recovery , with double Voucher , Tenant of the Precipe being made by Fine , Sect. 10. By Bargain and Sale , Sect. 12 , 13 , 14. A Recovery of Lands in several Counties , Sect. 15. A Recovery in London , Sect. 20. In ancient Demesn Court , Sect. 21. A Recovery with single Voucher , Sect. 16 , 17. By a Man and his Wife , Sect. 18. By Tenant for life , and be in Reversion , Sect. 19. To make Assurance of Lands , Sect. 23. That Tenants shall Attorn , Sect. 24. To produce Writings in defence of the Title , Sect. 25. To pay back Purchase-money upon Eviction , Sect. 26. To pay back the Purchase-money paid , in case the Purchaser dislike , &c. and if he like , then to pay more , Sect. 27. Not to claim Dower , with a Release of Dower , Sect. 28. The form of Covenants , joyntly and severally , Sect. 29. By Baron and Feme , Sect. 30. Chap. 4. Provisoes to make void Estates . Vpon Non-payment of Purchase-money , Sect. 1. Vpon discharge of a Surety , Sect. 2 , 3. To make void a Rent-Charge upon payment of money , Sect. 4. To abate part of an Annuity upon money paid , Sect. 5. Chap. 5. The forms of introducing Vses upon Fines , Recoveries , and other Conveyances . Vpon a Fine to be levied , Sect. 1 , 2 , 3. Vpon a Fine already levied , Sect. 4. Vpon a Recovery to be had , Sect. 5 , 6 , 12. Vpon a Recovery already had , Sect. 7 , 8 , 10 , 11 , 12 , 13 , 14. A Release of Errors in the Recovery , Sect. 9. Vpon a Fine and Recovery to be had , the Fine being of one thing , the Recovery of another , Sect. 15 , 16. The like upon Fine and Recovery already had , Sect. 17. Vpon a Fine , Recovery , and other Conveyances to be had , Sect. 18. Vpon a Feoffment past and executed , Sect. 20 , 24. Vpon a Covenant to stand seised , Sect. 21. Vpon a Bargain and Sale , and Grant of the Reversion , Sect. 22. Chap. 6. The several forms of indorsing Livery and Attornment , Sect. 1 , 2 , 3 , 4 , 5 , 6 , 7. Form of Attornment by Deed , Sect. 8. Chap. 7. The several forms of limitation of Vses . For Life : For Lives of Husband and Wife , and longer liver , Sect. 1. To Husband for life , after to Wife for life for a Joynture , Sect. 2. With Proviso to make the limitation to her void upon her claim of other Lands , Sect. 3. Vpon parting with her Estate , Sect. 4. For years . Vse for years determinable upon life , Sect. 5. Vse for years to pay Daughters Portions , Sect. 15. In Tayl , to 1 , 2 , 3 , &c. Sons , in remainder after an Estate for life , remainder to all other Sons in Tayl , according to seigniority , &c. Sect. 6. Another to Sons already born , by name , in Tayl , with like remainder , Sect. 7. To the Father for life , remainder to Son for life , remainder to Sons Wife for life , in satisfaction of Dower , ▪ the remainder to their 1 , 2 , 3 , &c. Sons in Tayl , remainder to the several Sons of the Grandfather in Tayl , remainder to the Heirs of the Body of the Grandfather , remainder to Grandfathers right Heirs , with a Proviso to preserve Estates in Tayl to Children , en ventre sa mere , Sect. 8 , 9. To the use of A. B. and Heirs Males of his Body , remainder to C. B. his Brother , and Heirs Males of his Body , with like remainders to his other Brothers , remainder to the right Heirs of A. B. Sect. 10. Other limitations in Tayl , with remainder to the Heirs Males of the Body of Feoffors Father , remainder to the Heirs Males of the Body of Feoffors Grandfather , remainder to the right Heirs of the Feoffor , Sect. 11. An Vse to the Heirs of the Body of the Wife by the Husband begotten , with remainder over to the Husband , Sect. 13. In Fee determinable upon a Marriage had , Sect. 12. An Vse limited to one , until the Heir in Tail come to full age , in case the Father die while he is within age , and after to the Heir , Sect. 13. Another with direction for disposing the Profits in the mean time , Sect. 14. The form of a limitation to preserve contingent Vses , in case the particular Estate determine before they come in Esse , Sect. 15. Contingent Vses , Sect. 16. Chap. 8. Power given to cestuy que Use for life , to make Joyntures , Leases , &c. To make Joyntures to future Wives , Sect. 1 , 2 , 3 , 4 , 5 , 6. To settle Lands in certain upon a future Wife for life , reserving a Rent , Sect. 7. The like of a third part , without Reservation , Sect. 8. Provision made for future Wives , by way of limitation of Vse , Sect. 9. To make Leases for lives , or years determinable upon lives , or for 21 years , with or without reservation of Rent , Sect. 10. To make Leases for such Terms , and under such Rent as Lessor pleaseth , Sect. 15. For cestuy que Use for life , or his Issue-male to make Leases , so as they be not without impeachment of waste , and that the present Rent be reserved , Sect. 11. Like power for them to make Joyntures , Sect. 12. To Lease the Lands setled on the Wife for a Joynture , at a Rent mentioned in the Schedule , the Wife being made party , Sect. 13. Another to make Leases , so as Wife be party , Sect. 14 , 16. To make Leases at the ancient Rents , chargable nevertheless with the Rents before in the Deed limited , Sect. 17. Power to two cestuy que Uses for life , to make Leases successively , Sect. 19. A Vse limited briefly to such persons , to whom cestuy que Use for life shall make Leases , Sect. 20 , 21. Chap. 9. Rents , Annuities and Portions , assured out of the limitation of Vses . An Annuity for charitable Vses , Sect. 1 , 2. Another of a Rent for life , with Clause of Distress , and a limitation of the Land unto the Party , upon failer of payment of the Rent , Sect. 3 , 4 , 5 , 6 , 7. A limitation of the Land to several Vses , chargable with the Rents after mentioned , and after , the Rents are appointed with power to distrain , Sect. 8 , 9. Portions for Daughters to be raised out of Leases made by cestuy que Use for life , according to power given him , Sect. 10. A Vse for years limited to Cognizees to pay Portions , with directions over if Daughters die , Sect. 11 , 12 , 19. Money yearly to be allowed to the Daughters until Portions paid , Sect. 13. A limitation for years to be void if Feoffor die without Daughters , or after Portions paid , Sect. 14 , 15. A limitation to Daughters ( for want of Issue-male ) to be void upon Portions paid , or secured by him in the next remainder , Sect. 16 , 17. Daughters Portions to be raised out of a Rent-Charge , with cestuy que Use for life , hath power given him to grant , Sect. 18 , 19 , 20 , 21. Chap. 10. Provision taken for payment of Debts , Legacies , &c. in the limitation of Vses . A limitation for years to the Cognizees , for payment of Cognizors Debts , discharge of Sureties , payment of Annuities to Servants , and then to surrender the Estate , Sect. 1. A limitation to Cognizees and their Heirs , for payment of Cognizors Debts ( by sale ) and discharge of Sureties , and to restore the overplus , &c. but if next Heir pay the Debts , &c. within a year , then the Cognizees to convey to him , Sect. ● . To make sale and pay Debts mentioned in a Schedule , with direction for the overplus , and Cognizor to enjoy until sale , Sect. 3. A limitation after Cognizors death , to Cognizors Executors for years to pay Debts , &c. Sect. 4. For performance of Cognizors Will , Sect. 5. A Vse limited to such persons as Cognizor shall appoint to pay a sum in certain , Sect. 6. Chap. 11. The form of alteration of Vses upon Acts done . Vpon setling other Lands on Cognizors Wife , the Vse limited to her to cease , with a limitation over , S. 2. A Vse altered and limited to a person , to whom a Rent is appointed upon default of payment , S. 3 , 4 , 5. A Vse made void , and a limitation over , if cestuy que Use marry without Fathers consent , S. 6 , 7 , 8. A limitation to the Wife to cease , and a limitation ▪ over , upon her claiming of Dower , S. 9 , 10. A Vse altered upon Non-payment of a sum in gross , S. 11 , 12 , 13 , 14 , 15. To alter a Vse upon payment back of a Marriage-Portion , in case the Marriage take none effect , S. 16. Chap. 12. Power given to Revoke Vses , and limit new . S. 1 , 2 , 3 , 4. To Revoke Vses , with exception of Leases to be made by force of a power given in the same Deed , S. 5 , 9. To Revoke old Vses and limit new , as to particular persons , S. 6 , 7. Another , as to one particular Mannor , S. 10. To Revoke old Vses and limit new , with consent of Cognizees , S. 8. Chap. 13. The forms of Deeds of Revocation , and limitation of new Vses . A short form , S. 1. Another with recital of the power of Revocation , S. 2 , 3. Another with a Feoffment added , S. 4. Another of a Vse setled by Covenant to stand seised , S. 5. Another pursuant to power given upon having of Issue , S. 6. Chap. 14. The several forms of settlements of Estates . By Covenant to levy a Fine , and declaration of Vses , with power to make Joyntures , grant Rents , and make Leases , S. 1 , 2 , 3 , 4 , 5. Another by Vses declared upon a Fine and Recovery , with provision for payment of Debts , S. 6. Another by declaration of Vses of a Recovery , as to several Mannors severally , S. 7 , 8. The Vse of a Recovery for life , with remainders over in Tail , S. 9. Vse of a Mannor in Trust to be sold , and Appointment for the disposition of the money , S. 10. Proviso to make void a particular Vse , upon payment of money , and a limitation over , S. 11. Another to give power to make Leases of a particular Mannor to pay Portions , S. 13. Chap. 15. The forms of several Covenants , used upon settlements of Estates to Vses . To stand seised to the Vses before-mentioned , in case the Conveyance prove deficient , S. 1 , 2. That he is owner and hath power to settle , S. 3 , 4 , 5. That the thing is free from incumbrances , S. 6 , 7 , 8. To enjoy , S. 9 , 10. Not to do any Act to impeach the settlement , S. 11. For further Assurance , S. 12 , 13. For settlement of Lands to be purchased , S. 14. To permit Lands to descend , S. 15. Chap. 16. The several forms of Joyntures , before and after Marriage . Before Marriage , mutual Covenants that each party shall marry the other , S. 1. A Joynture by way of Covenant to stand seised to Vses , S. 2. Another by Covenant to levy a Fine to Vses , S. 3. Vses upon a Fine , to the end that the young pair shall receive a Rent , during Fathers life , S. 4. And a limitation of a Vse after , as to the Mannors , Lands , &c. S. 5. With a Proviso to cease a limitation to Daughters , upon Portions paid , S. 6. Another upon Marriage with a Widow , with several Covenants relating to the Widows Children , and power given to her to make a Will , S. 7 , 8. 9 , 10 , 11 , 12. A Rent limited to the intended Wife in satisfaction of Dower , with a limitation over of the use of the Lands , S. 19 , 20. After Marriage , by Covenant to levy a Fine to the use of Husband for life , after of the Wife for life in satisfaction of Dower , with remainders in Tail , and a Covenant to alter the Vse upon her claim of Dower , S. 13 , 14. Another by way of Feoffment to Vses , as to several Mannors severally , with a limitation for raising of Portions , S. 15 , 16 , 17. A Proviso to cease the limitation to the Wife , as to part , if she marry again , S. 18. Chap. 17. Containing several Covenants used upon Marriages and Joyntures made . To pay the Marriage-Portion , S. 1. To pay a sum upon refusal of the Marriage , S. 2. To maintain the young pair , S. 3. To give or leave a sum by Will to them , S. 4. To do further Acts to ratifie Covenants , S. 5. To permit the Wife to make a Will , S. 3 , 6 , 7. If the Lands setled in Joynture fail of the value , then the Husbands Executors to make it up , S. 8. To make satisfaction for what shall be evicted , S. 9. To repay part of the Portion if the Wife die within three years , without Issue , S. 10. Chap. 18. Containing general words commonly used for passing Mannors , Lands , &c. For a Mannor , S. 1. A Mannor and Advowson , S. 2. A Messuage and Lands , S. 3. A Messuage in London , S. 4. An Inn , S. 5. A Brew-house , S. 6. A Water-grist Miln , S. 7 , 8. A Prebend , S. 9. A Rectory , S. 10.

An Alphabetical TABLE of the Matters contained in this Book . ATtornment : A Covenant that Tenants shall Attorn , Ch. 3. Sect. 24. The form of indorsing Attornments , Ch. 6. Sect. 5 , 6 , 7. Of Livery and Attornment . Sect. 9. An Attornment by a Collateral Deed , Chap. 6. S. 8. Annuities and Rents : Secured by way of use , Chap. 9. Sect. 1 , 2 , 3. vide after in this Table , Title Rents . Bargain and Sale of Lands : To make one Tenant to a Precipe for suffering of a Recovery , Ch. 3. Sect. 13. Baron & Feme : Covenant by them to levy a Fine , C. 3. Sect. 1 , 2. 7 , 8 , 9. To suffer a Recovery , Ch. 3. S. 10 , 11. 18 , 19 , 20. The form of Covenants by Baron & Feme , Chap. 3. Sect. 30. Power given to Baron & Feme to revoke Vses and limit New , Ch. 12. S. 6 , 7. Charitable Uses : An Annuity setled for the use of Poor people , Chap. 9. Sect. 1. Condition , vide Title , Proviso , in this Table . Consideration , of a Settlement or Conveyance : Mony in part paid , and in part secured , Chap. 2. Sect. 1. Barring of an Estate Tayl , &c. Ch. 2. Sect. 2. Natural love , raising Portions for Children , Ch. 2. S. 3 , 4. To settle on Collateral Heirs , Ch. 2. S. 5. Marriage , and for a Joynture , Ch. 2. S. 7. Performance of Agreement , Sect. 8. Payment of Debts , S. 9. Setling in Name and Bloud , Chap. 2. Sect. 7. Ch. 14. S. 1. Covenants : The form of Joynt and Several Covenants , Ch. 3. S. 20. To levy a Fine sur Cognizance de droit , &c. by Husband and Wife , Ch. 3. S. 1 , 2. By several pe●sons severally interessed , Ch. 3. S. 3. in the County of Lancaster , Sect. 4. of Chester and Lancaster , Sect. 5. in Auncient demesne Court , Sect. 6. To levy a Fine with a Render , of an Estate for years , Ch. 3. S. 7. Of a Rent , S. 8. A Fine sur Concessit , Ch. 3. S. 9. To sue forth a Recovery , with double Voucher , Ch. 3. S. 10 , 11 , 12 , 13 , 14. Ch. 14. S. 8. Of Lands in several Counties , Ch. 3. S. 15. in London , S. 15. 20. in Auncient demesne Court , Ch. 3. S. 21. in Court Baron , S. 22. To sue forth a Recovery , with single Voucher , Ch. 3. S. 16 , 17 , 18 , 19. To make assurance of Lands , Ch. 3. S. 23. For settlement of Lands to be purchased , Ch. 15. S. 13. To permit Lands to descend , Ch. 15. S. 15. That Tenants shall Attorn , Ch. 3. S. 24. To produce Writings in defence of the Title , S. 25. To pay back purchase Mony upon eviction , Chap. 3. S. 26. upon dislike of the Purchase ; but if he like , to pay more , S. 27. Not to claim Dower , Ch. 3. S. 28. To stand seized to Vses , Ch. 5. S. 21. To permit the Wife to make a Will , Ch. 16. S. 11. C. 17. S. 6 , 7. To alter the Vse limited to a Wife , upon her claim of Dower , Ch. 16. S. 14. That he is Owner , and hath power to convey , Ch. 15. S. 3 , 4 , 5. That the thing is free from Incumbrances , Ch. 15. S. 6 , 7 , 8. To enjoy , S. 9 , 10. Not to do any act to impeach a Settlement , Ch. 15. S. 11. for further assurance , Ch. 15. S. 12 , 13. To pay a Marriage Portion , Ch. 17. S. 1. To pay a sum upon refusal to Marry , Ch. 17. S. 2. To maintain the Young pair , S. 3. To give or leave a sum to them by Will , Ch. 17. S. 4. That if a Joynture fail of the value , it shall be made up , S. 8. To make satisfaction for what shall be evicted , Ch. 17. S. 9. To pay back part of the Portion , if the Wife die within three years , without Issue , S. 10. Debts : A Vse limited for years to pay Debts , Chap. 10. Sect. 1. Ch. 14. S. 6. Vse limited in Fee ( after Cognizors death ) to make sale for payment of Debts , &c. Ch. 10. S. 2 , 3. Ch. 14. S. 10. A limitation to such as shall be Executors to pay Debts , Ch. 10. S. 4 , 5. Dower : A Vse limited to the Wife in recompence of Dower , Ch. 14. S. 6. Ch. 7. S. 2. &c. Fcoffment : Vses declared upon a Feoffment , Ch. 5. S. 20 , 24. Ch. 16. S. 14 , 15 , 16. Fine : Covenants to levy a Fine , see before in this Table , Title Covenants : The forms of introducing Vses upon a Fine , Ch. 5. S. 1 , 2 , 3 , 4. General Words : Vsed for passing of Mannors , Messuages , Lands , &c. viz. a Mannor , Ch. 18. S. 1. A Mannor and Advowson , S. 2. A Messuage and Lands , S. 3. A Messuage in London , S. 4. An Inn , S. 5. A Brew-house , Ch. 18. S. 6. A Water-grist Miln , S. 7 , 8. A Prebend , S. 9. A Rectory , S. 10. Joyntures : Joyntures setled before and after Marriage , vide the other Table in Ch. 16. Covenants used in Joyntures , vide the other Table in Ch. 17. vide also in this Table , Title , Powers . Livery and Seisin : The forms of indorsement of Livery and Seisin , Ch. 6. S. 1 , 2 , 3 , 4 , 5. Livery and Attornment together , S. 9. Portions for Children : A Vse limited for years , in case of failer of Issue-male , for raising Portions for Daughters , Ch. 7. S. 15. Limitation for years to the Cognizees of a Fine to pay ▪ Daughters Portions , Ch. 9. S. 11 , 12. Moneys to be paid yearly for Daughters maintenance , until their Portions paid , Ch. 9. S. 13. A Vse limited to the Cognizees , until Daughters Portions paid or secured , and after to them in remainder , &c. Ch. 9. S. 18 , 19 , 20. A Vse limited to Daughters to be void , upon payment of their Portions , or Security given for them , by the Heirs males in remainder , Ch. 9. S. 16 , 17. Power given to cestuy que Use for life , to make Leases to raise Portions for Daughters , Ch. 9. S. 10. To grant a Rent-Charge for raising of Portions , Ch. 9. S. 21. A Portion to a younger Son , secured by limitation of the Vse in the Land to him , in case it be not paid , Ch. 11. S. 13. Powers given to cestuy que Use for life . To make a Joynture to a future Wife , Ch. 8. S. 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8. Ch. 14. S. 3. To settle a Rent for a Joynture ; Ch. 8. S. 5 , 6. To make Leases for lives or years , with or without reservation of Rent , Ch. 8. S. 10. That he and his Issue-male may make Leases under the present Rent , Ch. 8. S. 11. For two to make Leases successively under the ancient Rent , Ch. 8. S. 19. To grant Rents and make Leases to younger Sons , Ch. 14. S. 3. To grant a Rent-Charge to raise and make up Portions , Ch. 9. S. 21. Power given to revoke Vses and limit new , vide in this Table , Title , Revocation . Provisoes to make void an Estate upon Non-payment of the Purchase-money , Ch. 4. S. 1. Vpon discharge of a Surety , S. 2 , 3. To make void a Vse limited for a Joynture , upon her claim of Dower , Ch. 7. S. 2 , 3. Ch. 11. S. 9 , 10. To make void a Vse limited to her in Land , in case she go about to depart with it , Ch. 7. S. 4. To make void a limitation for years to pay Daughters Portions , if the Feoffor die without Daughters , or after Portions paid , Ch. 9. S. 14 , 15. Another upon payment of the Daughters , or Security given for the payment of them by him in the remainder , Chap. 9. Sect. 17 , 18. To make void a Limitation of a Vse to a Daughter upon her Marriage , without the Fathers consent , and a Limitation over , Ch. 11. Sect. 6. To make void a Vse limited to the elder Brother , if he pay not a sum to the younger , and a Limitation over to the younger , Ch 11. S. 13. To make void a particular Vse limited , as to a particular Mannor upon payment of a sum to Cestuy que use , and a limitation over , Ch 14. Sect. 11 To make void a Rent Charge upon payment of Mony , Ch. 4. S. 4. To abate part of a Rent Charge upon payment of Mony , C 4. S. 5. To transfer a Vse limited in Tayl to the Heir , until be arrive to full Age , if the Ancestor die while he is within Age , and after the Heir comes to Age , then to him , Ch. 7. S. 13. To alter a Vse upon Non-payment of Mony , Ch. 9. S. 12 , 13. To alter a Vse upon a Portion given in Marriage , paid back , if the Marriage take not effect , Ch. 11. S 10. vide after in this Table , Tit. Uses : Proviso , that Cestuy que use for life , shall have power to make a Joynture to future W●ves , Ch. 8. S. 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9. To make Leases , Ch 8 S. 10 for him and his Issue Male to make Leases , Sect. 11. To grant a Rent Charge , Chap 8. Sect. 10. vide before in this Table , Title Powers . Recoveries : Covenant to sue forth a Recovery with double Voucher , Ch. 3. S. 10 , 11. Ch. 14. S 8. Ch 3. sect 12 , 13 , 14. vide before in this Table , Tit. Covenants . For the form of introducing Vses upon a Recovery , and other Conveyances , vide the former Table , in chap. 5. Releases : A Release of Errors in a Common Recovery , c 5. sect 9. Release of Dower , chap 3 sect 28. Rents : A power given to Cestuy que use for life , to settle a Rent on future Wife or Wives , for a Joynture , chap. 8 sect 5 , 6. To grant a Rent to raise Portions , and making up of Portions unpaid , chap. 9 sect. 21. A use limited to the end a Rent may be paid , and in default , the Vse is limited to the Party that should have the Rent , chap. 9 sect. 3 , 4 , 5 , 6. A use of Lands first limited , chargable with Rents , after mentioned ; and then the Rents are mentioned , and power given to distrain , chap 9. sect 8 , 9. c. 14. s . 2 , 3 , 4. That a Rent setled on a Daug●ter is cease , upon her Marriage without Fathers consent , ch. 11. s . 2. 8. Reservation of Rent , to one and his Heirs Males , and after to others in Remainder , chap. 13 sect 1. Revocation : Power given to revoke Vses and limit new , ch. 12. sect. 1. by Deed or last Will , sect. 2. To revoke Vses raised by Covenant to stand seized , Chap. 12. Sect. 3 , 4. Another , with exception of Leases and Charges to be made pursuant to a power in the same Deed given , chap. 12. sect 5. 9. To Revoke Vses ( with exception of some of the Vses ) by consent of Cognizee● , sect. 8. Another , as to one Mannor , sect. 10. Another , as to particular Vses , ch. 12. s . 6. 7 The form of a short Deed of Revocation , ch. 13. s . 1 Another , with recital of the Power of Revocation , ch 13. s . 2 , 3. Another , with a Feoffment added , sect. 4 : Another , of Vses setled by Covenant to stand seized , ch. 13. s . 5. Another , made upon having Issue pursuant to power given , s . 6. vide the former Table , in chap 12 , 13. Settlement of Estates ; vide , the former Table , in chap. 14. The form of several Covenants used in the settlement of Estater ▪ See the former Table , in chap. 15. Tenant to the Precipe ( in a Recovery ) made by Fine , ch. 3 s . 10 , 11. by Deed of Bargain and Sale , sect 12 the form of the same Deed , sect 13. Tayl : Vses limited in Tayl , vide the former Table , chap. 7. 14 ▪ Trusts : To pay Daughter , Portions , and allow maintenance until paid , chap. 9 sect. 10 , 11. To raise Portions , ch 14. s . 13. That he shall permit him in remainder to enjoy the Land , until Portions paid to Sons and Daughters by him in Remainder ; but after default to enter , and raise the Portions , and then to surrender his Estate , ch. 9. s . 19 , 20. A limitation for years to Executors in Trust , to pay Debts and Legacies , ch. 10. s . 4. To perform a Will , sect. 5 , 6. A limitation for payment of Debts and Legacies , ch 14. s 6. 10. ch 10 s 1 To sell the Lands to pay Debts , and restore the surplus ; but if the Heir pay the Debts , within a year of Fathers death , Then the Trustees to convey to him , ch 10. s . 2. To sell and dispose the Mony as it 's appointed , ch. 14. sect 10. Uses : The forms of introducing Vses upon Fines , Recoveries , &c. vide the other Table in chap 5. The several forms of limitation of Vses . See the other Table in chap. 7. That Feoffees and Cognizees shall stand seized to the use of such Persons , in whom an Estate for life shall be setled by Cestuy que use for life , according to power to him given , and after to other uses , chap. 8. sect. 1 , 2 , 3 , 4 , 5. A Vse limited , after a determination of a particular Estate ( made according to Power given by the Deed ) to others therein named , ch 8. sect. 7 , 8 , 9 , 10 , 12 , 13 , 14 , 15 , 16. 18. 19. 22. As to several Mannors , several Vses ch. 14 sect 6. A Vse limited to such Persons to whom Leases shall be made , according to power given by the Deed , Ch. 8. Sect 20 , 21. Ch. 9. S. 10. Ch. 14. Sect. 5 A Vse limited , to the end a Rent may be paid , with clause of Distress , and a Limitation over of the Vse of the Land , chargable with the Rent , Ch. 9. S. 3 , 4 , 5 , 6. Vse of the Land to several persons , chargable notwithstanding with the Rents after mentioned , C 9 ▪ S. 8 , 9. Ch. 14. S. 2 , 5. A Vse changed upon non payment of an Annuity , Ch. 9. S 2 , 3. A Vse limited to Daughters , in default of Heirs Males to cease , upon payment of their Portions by him in remainder , and the Vse then is limited to him , Ch. 9. S. 16 , 17. A Vse li 〈…〉ed to the Cognizors Wife to cease , upon settlement of other Lands on her , with a Limitation over , Ch. 11. 8. 1. A Vse limited to persons to whom a Rent is appointed , upon default of payment , Ch 11. S. 4 , 5. A Vse to cease if Cestuy que use marry without Fathers consent , and a Limitation over , Ch. 11. S. 6. A Vse limited to a Wife altered upon her claim of Dower , Ch. 11. S. 9. Vse altered upon non payment of money , Ch. 11. S. 12. Uses limited to pay Portions to Children , A Use to Cognizees to pay Portions , and allow maintenance until paid , C. 9. S. 11 , 12 , 13. If Feoffor , &c. die without . Daughters , or after the Portions paid , the Limitation to be void , with remainder over , Ch. 9. S. 14 , 15 , 18 , 19 , 20. Ch 14. S. 13. For payment of a Rent to raise Portions , Ch 9. S. 21. Uses limited to pay Debts : A Use limited for years to pay the Cognizors Debts and Annuities by him granted , Ch. 10. S. 1. Use limited , that the Land shall be sold to pay Debts , Ch. 20. S. 2 , 3. A Limitation for years to Cognizors Executors to pay Debts , S. 4. And Legacies , ibid. To perform the Cognizors W●ll , S. 5. Ch. 14. S. 6. A Use of a Mannor to be sold , &c. Ch. 14. S. 2. A Use limited to such persons as the Cognizor shall appoint by Will , until a sum raised , &c. with a Limitation over , Ch 10. S. 6. Power given to revoke Uses , and appoint new : See the former Table in Ch. 12. The forms of Deeds of Revocation : See the former Table in Ch. 13. See also before in this Table , Title Revocation . Writings and Evidences : A Covenant to produce them , in def●nce of the Title , Ch. 3. S. 25. Waste : A Limitation for life without impeachment of waste , and power to commit waste , Ch. 7. S. 7 , 8. Without impeachment of waste as to Woods , &c. S. 2. &c.

Arcana Clericalia : Or , THE MYSTERIES OF CLERKSHIP .

CAP. I. What a FINE is .

A FINE is that which is accounted of all kind of Assurances the highest and most forcible , and although it be but fictio Juris , yet it is called a Fine quia finem litibus imponit , and is also said to be exceptio peremptoria , and therefore not onely esteemed A micab●lis compositio but finalis concordia , the latter of which it is deservedly said to be , quia finem ponit negotio , adeo ut neutra pars litigantium ab eo de cetero possit recedere . It is an Instrument or Assurance containing a final Agreement ( commonly made by the consent of persons , sometimes by force of a Suite in Law upon some Covenant for the levying thereof ) concerning Lands , Tenements , Hereditaments , Rent , or other things , wherein the Kings Licence must be duly had and obtained , It must be acknowledged by the Cognizor , Deforceant , or he that parts with his right in the ●ands contained in the Fine , upon a writ of Covenant ( most commonly , but sometimes upon a ) Quid juris clamat , per quae servicia , de rationabilibus divisis , de Recto patens , de Recto clausum , warantia Cha●tae , &c. as the case requires , before the Iustices of the Common Pleas , or such other persons thereunto authorized by Commission out of Chancery , and lastly , it must be ingrossed upon Record in the same Court , there to remain for ever for the ending and composing of all differences and controversies as well between the parties and privies to the same , as all strangers not claiming in due time . Although a Fine is now become a formal Assurance of common use from the result of a feigned difference , yet anciently it was the composure of a real controversie , and the end of a Suite indeed . For after the parties had contended by suite in law about the thing in question , by agreement a fine was levyed of it , and so the difference was ended . This of all other is esteemed the best Assurance , and is much of the nature of a Feoffment with Livery and Seisin executed thereupon , but of greater efficacy , and therefore called a Feoffment upon Record . By this Lands may be conveyed in Fee-simple , Fee-tayl for life , or for years , and rent thereby also reserved , And lastly to sum up all in the words of the Sages of the Law — There neither is , nor can be provided by the Laws of the Land , any greater or more noble Security , by which any person may make his Estate more secure , or produce a Testimony of the highest Nature for confirmation of his Estate , then a Fine levyed in the Kings Court upon Record : which is therefore called a Fine , because it ought to be the Complement , and end of all proceedings and differences .

CAP. II. Of the several kinds of a Fine .

OF Fines there be four kinds . The first whereof is called a Fine sur Cognizance de droit come ceo que il ad de son done . which is single , and called also a Fine sur Release . The second is a Fine sur Cognizance de droit come ceo que il ad de son done , which is double , and properly called a Fine sur done grant & render . The third is called a Fine sur Cognizance de droit tantum , which is sometimes single , sometimes with Grant , and then it is called a Fine sur done grant . And the fourth a Fine sur concessit .

A Fine sur Cognizance de droit come ceo que A Fine sur Cognizance de droit come ceo , &c. what it is ? il ad de son done is the best , most principal , and surest of all kind of Fines , by which an Estate passeth absolutely to the Cognizee , without rendring any thing back again to the Cognizor ; and therefore is said to be single . It is levyed with Proclamations according to the form of the Statute 4 H. 7. Cap. 24. It is said to be executed , viz. such a Fine whereby the possession in Law of the lands contained therein is immediately transferred to , and v●sted in the Cognizee without the help of a writ of habere facias seisinam ; so that he may enter : for that the Estate is thereby ( in law ) in the Cognizee , that is to say , to such uses as are declared in the deed leading the use of the Fine ; for take this for a maxime , That unless it be declared by deed ( or otherwise ) to what use the Fine was levyed , the Fine shall be and inure to the use of the Cognizor that levyed the Fine .

A Fine sur done grant & render , is that which is A Fine sur done grant & render , what ? called a double Fine , being in a manner two Fines ( that is to say , A Fine sur Cognizance de droit come ceo , &c. and a Fine sur Concessit ) form'd into one , whereby the Cognizee ( after Release and warranty made to him by the Cognizor of the lands contained therein ) doth grant and render back to the Cognizor the lands , &c. or some part thereof , and many times limitting thereby Remainders to persons that are Strangers , and not named in the writ of Covenant . This fine is partly executed , partly executory , and hath Proclamations , and is ( quoad partem priorem ) absolutely of the same Nature with a Fine sur Cognizance de droit come ceo , &c. but as to the second part containing a Grant and render ( as aforesaid ) it is taken in law to be rather a private Conveyance or Charter , then to have the force of a Fine , which ( as we have before expressed ) is declared to be a Feoffment upon Record . With this agrees the Lord Cooks exposition in 5. Rep. fo. 38. where speaking of a Fine with Render he hath these words . The Cognizance of a Fine , and a Grant and render therein ; shall be expounded and taken as a Charter , or other Conveyance between party and party , and not as a Writ or Iudgment upon Record .

A Fine sur Cognizance de droit tantum , ove Fine sur done grant , what ? grant ( which is also called a Fine sur done grant ) is levyed without Proclamations , executory , and much of the Nature of a Fine sur Concessit , and is used commonly by Tenant for life to make a surrender of the Lands contained in it , to him or them that have the Reversion or Remainder thereof , and so you will find it used Chap. 10. Sect. 1. and 5. of this Treatise . And sometimes it is expressed by such Fine , that the particular Estate is in another , and that the Cognizor willeth that the other shall have the Reversion , or that the land shall remain to the other after the particular Estate spent . West . Symb. part . 2. Dyer 216. Plowd. 265. Coke 3. 86. and 7. 12. Crooke 1. last published fo. 693.

A Fine sur Concessit , is where the Cognizor is Fine sur Concessit , what ? seised of the Lands contained therein , and the Cognizee hath no Freehold therein , but it passeth by the Fine , it is without proclamations and executory , for the Cognizee or Cognizees therein must enter , and have a writ of habere facias seisinam , according to their several cases , for the obtaining of the possession , if the parties at the time of levying such Fine sur Concessit be not in possession of the thing granted , but if they be in possession at such time , there needs not any such Writ or any Execution of the said Fine to put them into possession ; for then the Fine will enure by way of Extinguishment of Right , and doth not alter the Estate or right of the Cognizee , however perchance it may better it .

CAP. III. Of the parts of a Fine .

THe parts of a Fine are five , viz. The writ of Covenant . 2. The Composition , or the Kings licence to alienate . 3. The Concord . 4. The Note of the Fine . 5. The foot of the Fine . And if it be a Fine sur Cognizance de droit come ceo , &c. it is requisite that a sixth be added , viz. Proclamations , as a necessary adjunct thereunto .

(1) The writ of Covenant is the original writ Writ of Covenant . taken out by the Cognizee or Cognizees against the Cognizor or Cognizors to the Fine : for without ●his a Fine cannot be levyed : And a Fine may be levyed upon any writ of Right , or other writ whereby Land is demanded or may be recovered .

(2) The Composition or Kings Licence to alienate , Composition . for which the 〈◊〉 hath a Fine or sum of mony , which is called the Kings Silver , and is paid in when the Land reposeth .

(3) The Concord , or Agreement between the Concord . parties that intend the levying of the Fine , wherein is declared how and in what manner the things contained in the writ shall pass ; and as the writ of Covenant is the foundation , so this is the substance of the Fine . For if the Kings Fine be entered and indorsed upon the writ of Covenant by the Clerk of the Kings Silver , although the Cognizor dye before the Fine comes to the Chirographer , yet is the Fine good , for the Note , and foot of the Fine , are but Abstracts taken out of this by the Chirographer .

(4) The Note of the Fine , which is an Abstract Note of the Fine . taken out of the writ of Covenant , and Concord , by the Chirographer before it be ingrossed , and begins thus , ss. Inter A. B. quer . & . C. D. deforcientem .

(5) The foot of the Fine includeth the whole Foot of the Fine . Fine , the parties to the same , the thing granted , the day year and place , and before whom the Concord was made ; and this is called the foot because it is the last part of the Fine . And when this is done the Fine is ingrossed of Record , and the Indentures made by the Chirographer , and delivered to the party to whom the Cognizance is made , and then the Fine is said to be ingrossed .

The Proclamations made upon a Fine , which although they be not the essential parts of a Fine , yet as is said before are requisite to a Fine sur Cognizance de droit come ceo , &c. for they do make a Bar according to what doth pass .

CAP. IV. Who may be Cognizors and Cognizees in Fines , and by what names they may give and take in a Fine .

SVch persons Male or Female , or bodies sole or Who may be Cognizors in Fines . Corporate that are capable of granting by deed may be Cognizors in Fines . And so an Infant , Feme covert , an Ideot , mad or Lunatick person , one non sane memorie , or that hath a Lethargy , or a doting old person that wants discretion , a man that is drunk , or one born blind , deaf , and dumb , a Bastard , an out-lawed person , or one Attainted of Treason , or Felony , or persons that are compelled thereto by threats and Menaces to lose their lives , or members , or to suffer Imprisonment : and a Fine levyed by them may be good . But the Iudges or Commissioners before whom Fines are to be levyed by such persons , ought not to admit such unfit persons to acknowledge Fines , as Madmen , Lunaticks , Ideots , doting persons , men that have the Lethargy , or are drunk , Infants , Fe●e Coverts , and such as are forced to it by threats or Imprisonment , neither ought such as are born blind , deaf , and dumb , persons attainted of Treason or Felony , and such like to be received to levy Fines . But if any of these be admitted Cognizor in a Fine , and such Fine be thereupon levyed in due form of law , The Fine in most cases will be good and unavoidable . Coke 12. 124. Lit. Sect. 731. fieri non debet , sed factum valet .

A Fine may also be levyed by a Mayor and Commonalty , and such other Corporations Civil , and bodies Politick as have an absolute Estate in their possessions belonging to their Corporations , if it be done together , and by the joynt consent of the body Corporate ; For no one of the Corporation , no not the head of the Corporation by himself , nor any of the Members ( though the greatest part of them consent thereto ) without the general consent of the whole Corporation , may Levy a Fine , for that shall not be good . Corporations Spiritual , as Bishops , Deans and Chapters , Heads and Fellows of Colleges , and the like , are forbidden , and restrained by divers Acts of Parliament from levying any Fine of their lands belonging to them at this day : but of the lands such persons have in their own Right , they may levy Fines as other persons may do .

A Fine levyed by one Ioyntenant , Tenant in Common or Partner of Lands so held by him , to a Stranger , another Ioyntenant , Tenant in Common or Partner , will be good .

And lastly take this general Caution concerning Cognizors in Fines , That they must be such , and have such an Estate in the Lands intended to be granted by Fine , as they are not prohibited by any Law to levy the Fine , otherwise the Fine will be void . And hence it is , That Bishops , Deans and Chapters , Prebends , Parsons , Vicars , and the like may not levy a Fine of any Ecclesiastical Lands in which they have any Estate of Freehold in right of their Churches , Houses , &c. for if they do , it will be void after their lives , Coke 11. 78. Plowd. 575. 538. 375. 21 Edw. 4. 13. And hence it is that he that hath an Estate Tayl of the Kings gift of provision may not levy a good Fine of it to bind the King , or the Issue in Tayl , by 32 H. 8. Cap. 28. And that a Fine levyed by the heir that is an Intruder upon the Kings possession , is void , 1 H. 7. 5. 24 Edw. 3. 65. And hence it is that he that hath an Estate in Fee-simple of lands in the Right of his wife , may not levy a Fine thereof without her , and if he do , she or her heirs , or other person to whom the right may come , may avoid it after her death . 32 H. 8. Cap. 28. 12 Edw. 4. 14. Coke 6. 55. Brooke Fines 121.

Concerning Cognizees in Fines , you are to W●o may be Cognizees in Fines . know , That any person that is capable of being a good Grantee in a Deed , may be a good Cognizee in a Fine , and may thereby have and take the thing granted by it . And so any man or woman , Sole or Covert , of full age , or under age , any mad or Lunatick person , Ideot , or man de non sane memorie , any person in , or out of prison , or beyond Sea , any person attainted of Felony or Treason , or outlawed in a personal Action , a Bastard , a Clerk convict , an Alien , any one of these may be a Cognizee , and take by a Fine as well as by a Deed. And a Fine levyed to any such person is good . 50 Edw. 3. 9. 3 H. 6. 42. 24 Edw. 3. 62.

So Corporations Spiritual and Temporal , Civil or Corporal , may be Cognizees in Fines , and Fines levyed to them will be good . But before the Ingrossing of such a Fine , there goeth alwaies a Writ to the Iustices of Common Pleas , Quod permittunt Finem illum levari .

Note that a Fine sur Cognizance de droit come ceo , &c. may not be levyed to any person , but one that is party to the writ of Covenant . Except the Cognizee be a Demandant in a writ of Entry ; And so a Fine levyed by the Demandant to the Vouchee ( who is supposed by the Law to be Tenant to the land ) or from the Vouchee to the Demandant is good , and yet they are not Parties to the Writ . But a Fine levyed by the Vouchee to a Stranger is void . Coke 3. 29. 7 Edw. 4. 13.

Care must be taken in Fines that Cognizors and By what names Cognizors and Cognizees may give and take in a Fine . Cognizees must be named in Fines by their right names of Baptism , and Surname : except they be Kings , Princes , Dukes , Marquesses , Earls , Viscounts , or Barons , which are admitted without any surname , as Jacobus Rex Angliae , Carolus Princeps Walliae , Johannes Dux Lancastr . &c. But for Knights , Esquires , and Gentlemen ( which be names of Worship , and Honour ) their Christian name , and Sur-name are alwaies expressed , together with their Additions . And as for the Additions of Bishop , Dean , Parson , &c. they are admitted in Fines rather out of Courtesie , then necessity , for the Fine may be good without them . Brownlow 1. part. 30. 7 H. 4. 22. 1. Ass. pl. 11. 14 H. 6. 15. 21 Edw. 4. 8. 1. Ass. pl. 11. But if there be two of one name it is best to distinguish them by Seniori , Juniori , or the like . Brownlow 1. part . 30. So if it be a Corporation or Fraternity to be named in the Fine care must be had , that it be done by the very true name of the Corporation , as it is named in the Charter and Foundation of it . 11 H. 4 44. 14 H. 4. 20. 7 H. 6. 27. 37 H. 6. 29.

CAP. V. Of what things Fines may be levyed , and ● by what Names , and how the Parcels are to be placed therein .

A Fine may be levyed of all things whereof a Of what things Fines may be levyed . Precipe quod reddat lyeth , or of which a writ of Entry may be brought . It will be good of all things Ecclesiastical or Temporal , that are inheritable , and in Esse at the time of the levying of the Fine . So a Fine may be levyed of an Honour , Mannor , Island , Barony , Castle , Messuage , Cottage , Mill , Toft , Curtilage , Dov●house , Garden , Land , Meadow , Pasture , Wood , Vnder-wood , Chappel , River , Parsonage , Rectory , Advowson , Vicaridge , Tythes impropriate , ●stovers , Foldage , Corrody , Office , Fishing , Warren , Fair , Mine , View of Frank-pledge , Waif , Stray , Felons goods , Deodand Hospital , Furzes , Heath , Moor , Rent , Common , Hundred , Way , Ferry , Franchise , Seignory , Toll , Tallage , Picage , Pontage , Services , Portion of Tythes , Oblations , and the like . But a Fine levyed of Antient Demesne Lands will not be good . Stat. 32 H. 8. Cap. 7. Coke 8. 145. West . Symb. 2. part

Anciently in levying a Fine of a Mannor , it was By what Names things may be levyed in Fines . Manerium . usual to add to it , or explain it by the words , Demesns , Rents , Seigniories , Courts , Pleas , &c. And such Generals whereof it consisted , but this way is altered , and now it passeth by the name of Manerium cum pertinentiis . 3. Inst. 513.

That things passed in Fines must be set down by their Nature , and quality , as Land , Meadow , Pasture , &c. and by the place where they lye ; there must be apt words used to express the thing named to pass by the Fine . For a Fine levyed de tenemento , or de hereditamento , or de duobus tenementis , for the uncertainty of the thing and unaptness of the words , is void or voidable at least for Error , Crooke 1. 196. Leon. Rep. 188. for the proper word to express a Tenement or Hereditament in a Fine , Messuagium . is Mesuagium , and a Fine levyed de uno mesuagio , or duobus mesuagiis is good .

That one Mannor may be parcel of another Mannor , and pass by the name of that Mannor . 20 Ass. pl. 54.

That a Castle , Honour , or Hundred may be parcel Castellum● Honor-Hundredum . of a Mannor , and pass by the name of the Mannor whereof it is parcel . Or it may pass by its own proper name , as de Castello de S. cum pertin . or de Hundredo de S. cum pertin . or de Honore de S. 20 Ass. pl. 54. 2 Edw. 3. 36. 1 Edw. 3. 4.

That the County , City , Town , Parish , Hamlet , and Endship , wherein the things lye that are to pass by the Fine ought to be certainly named . And therefore if there be two Towns Walton and Street in the parish of Street , and a Fine is levyed of such Lands in Street , in this case Lands in Walton will not pass by this Fine , Walton being a distinct Town or Ville by it self ; and although Street the Parish comprehend both , yet in the Fine the lands in Walton shall not be said to be comprized , unless Walton had been an Hamlet of Street , and that the Fine had been levyed of lands in the Parish of Street , then all would have passed well enough . Crooke 2. 120. Stock and Foxes Case . So if a Mannor extend it self into divers Towns , as into A. B. C. it is safe and best to express all the Towns or none of them at all . For haply the Fine may be good , if the Mannor be onely named , and be not said in what Town it doth lye ; As de Manerio de S. cum pertin . but otherwise it must be de Manerio de S. cum pertin . in A. B. & C. for if any one of the Towns be omitted , none of the Mannor in that Town so omitted will pass . 9 Edw. 4. 6.

That where divers Mannors be of one name , with distinction of North and South to it , as South S. North S. and the like , There it is safe to express in the Original writ , and all the proceedings of the Fine , which of the Mannors is intended to be passed by the Fine . And yet perhaps the Fine may be good to pass the Mannor intended to be passed without this distinction . Crooke 1. 196. 200. 9 Edw. 4. 6. Brooke Fines 44. 91. 12 H. 7. 6.

That when a Fine is but for the Presentation Presentation , Parsonage , Vicaridg , Rectories , &c. to a Church onely it must be de Advocatione Ecclesiae de S. and not cum pertin . And a Vicaridge endowed must be de Advocatione Vicariae Ecclesiae de S. and not cum pertin . And where the Vicaridge is not endowed , it must go under these words , de Advocatione Ecclesiae de S. And Parsonages , Rectories , Advowsons , Vicaridges , and Tythes impropriate pass not by the words de Advocatione Ecclesiae , but de Rectoria Ecclesiae de S. cum pertin . West . Symb. 2 part . Title Fines and Concords .

A Fine was levyed de Advocatione Ecclesiae de Advowson and Rent reserved . * Rectory and Rent reserved . Wood. House-boot , &c. Chappel or Hospital . Mesuage . C. ac de quat●or Librat . reddi● . cum pertin . in S. C. & B. Coke 3. 45.

A Fine was levyed of a Rectory out of which a Rent of 30 l. per Annum was rendred . Coke Lillingtons Case .

High-wood , and Vnder-wood pass under the general denomination of Wood.

Houseboot , Hayboot , and Plowboot by the name of Estovers .

A Chappel or Hospital will pass by the name of a Mesuage . 13 Ass. pl. 2.

So by the name of a Mesuage with the Appurtenances may pass an House , with a Shop , Curtilage , Garden , Orchard ( and as some say , a Dove-house , and Mill ) as parcel thereof .

That by the name of a Cottage , a Toft , Chamber , Cottage . and Celler will pass .

That part of an intire thing may pass by the Part of intire things . words , de medietate , de tertia parte , de quarta parte , &c. ( as the Case requires ) or de duabus partibus in tres partes dividend . or de medietate omnium decimarum granorum , & feni ac terrae vocat . le Blackland● cum pertin . in H.

But if an intire thing , as a Mannor or Mesuage be parted , as if the Mannor of S. be divided into two parts , and the division be so made as that the Mannor for that part be not extinct , and a Fine is ● be levyed of a part of it , it must pass by the name ●f the whole ; As de Manerio de S. So if a Mesuage and 23 acres of land be parted , the part divided may pass by the name of one Mesuage and ten ●ctes of land , and not de medietate ●nius Mesuagii & viginti & trium acrarum terrae .

And Note that it is usual in Fines to comprehend more number of acres then are intended to pass , yet in such Case no more shall pass , then what is intended and agreed upon between the Parties . Popham Rep. 105.

●ed . ss. PRaecipe Thomae Snagge Armigero & Radò Precipe quod teneat , or Abstract of the writ of Covenant . Order of placing the parcels . Snagge generoso quod juste , &c. teneant Roberto Yarway generoso Manerium de Kempston Dawbney , alias Kempston S. Johns cum pertin . in Kempston , Et nisi , &c.

AC de duobus Mesuagiis ( or de uno Capitali Mesuagio ) duobus Salinis , vocat . Witch-houses alias Salt-houses , duobus Shopis , duabus Cameris , ●●o Stabulo , sex Cottagiis , uno Curtilagio , duobus Toft is , quatuor horreis , uno Molendino aquatico ( or uno Molendino aquatico granatico ) uno Molendino ventritico , or uno Molendino Fullonico , uno Columbar . decem Gardinis , decem Poma●iis , Centum acris terrae ( or terrae aqua coopertae ) riginti acris Prati , decem acris Pasture , sexdecim acris Bosci ( or Subbosci , or de quatuor virgat . Bosci ) viginti acris Saliceti , viginti acris Jamp●orum & Bruere , viginti acris More , duabus acris Turbariae , octo acris Mosset . sex acris Juncar . decem acris Marisci frisci ( or Marisci salsi ) duabus acris Alneti , quadraginta acris Arundin . decem acris Ruscar . or de Rectoria Ecclesiae parochialis de C. ac de decimis Garbarum granorum & feni eidem Rectoriae spectan . or de decimis Garbarum ad Ecclesiam de C. qualiter cunque spect. or de Rectoria impropriat . de R. cum pertin . or de Rectoria de K.

Or de Advocatione Ecclesiae de K. cum pertin , or de Advocatione Ecclesiae de K. or de Advocatione , Presentatione , Donatione , Libera dispositione , & Jure Patronatus Ecclesiae de K.

Or de Rectoria de K. Ac de Advocatione Vicariae de K. or de Advocatione Ecclesiae de K. alternis vicibus cum acciderit .

Or de proficuis granorum , feni , Lane , & Agnorum , Ac de omnimodis aliis decimis cum pertin . in K.

Or de quadam portione decimarum aut pensione in S. or de decimis garbarum granorum & feni cum pertin . in A. & B. Necnon de decimis Lane , Agnorum Oblationum , Obventionum & Emolumentorum , Ac de omnibus aliis decimis quibuscunque provenien . crescen . seu renovan . in W. or de omnibus & omnimodis Oblation . decimis garbarum , granorum , feni , Lane , Lini porcellorum , ancarum , Agnellorum , &c. Et aliis Emolumentis quibuscunque spectan . pertinen . crescen . sive existen . cum pertin . in H.

Or de Communia pasture pro omnibus & omnimodis Averiis , or de pastura pro trescentis ovibus cum pertin . in parochia de Dale , or de Communia pro omnibus Animalibus ( or pro omnibus & omnimodis Animalibus ) or pro decem ovibus , decem equis , vaccis , porcis , spadonibus , &c. or de Communia pasturae quam praedictus A. habet & habere solebat pro omnibus Averiis suis in Centum acris pasturae ipsius A. in S.

Or de libera Warrena sua in D. or de una Wharfa , or de seperal . Piscaria in Aqua de S. or de liberis Piscariis in Aquis de B. C. & D. or de Piscaria , or de libertate unius Faldagii & cursu ovium , or de libertate Faldagii , or de libertate Faldagii pro viginti ovibus , or de libero Faldagio ovium , or de libera Falda , or de Gurgite , or de Cursu aquae currentis à loco vocat . H. intra & per terras vocat . M.

Or de Nundinis de B. singulis Annis ad Festa de N. B. ibidem tenend. or de Mercat . de B. or de quieto & libero passagio ultra aquam de S. or de Chimino .

Or de viginti libra● . viginti solidat . decem de●r . uno Obulo & quadrant . Reddit . or de decem ●arcat . reddit . or decem Marcis reddit . or de ●eddit . unius libre piperis , unius Clavi Gariophil● , or unius Rose rubre , or unius quarter' hordei , ● de reddit . Centum Gallinarum , or de duobus ●●ch . Caponum , or de reddit . unius par Cheirodecarum , unius libre Cere , unius libre Cumini , ● de reddit . Centum Gallorum , or de viginti so●dis annualis redditus exeun . de Manerio de D.

Or if it be of parts of things whereof the Fine is ●● be levyed , they must be thus named , de Medieate Manerii de D. cum pertin . de tertia parte du●um mesuagiorum , or de duabus partibus in tres ●rtes dividend . octo acrarum terrae , or de tertia parte tenementorum in C. in tribus partibus divi●● , or de Medietate decem Mesuagiorum , or de ●●rcia parte Rectoriae Ecclesiae de K. cum pertin●● de Medietate omnium decimarum granorum , bladorum , garbarum & feni de terra vocat . F. cum pertin . in L. or de tercia parte Vic' Franc' pleg' cum pertin . bonorum & catallorum , waiviat , felon . fugitivorum , utlagat , in exigendo posit. felon . de se , Deodand . & Thesaur . invent . cum pertin . in D. or de tercia parte quinque librarum cum pertin . exeun . de Manerio de H.

And lastly for your better instruction of placing the parcels in a Fine , observe these following Rules , ●s 1. That the worthy things must be put first , so a Mesuage must be named before Land , a Mannor before a Mesuage , a Castle before a Mannor , Arrable before Meadow , &c. Plowd. 168. 7 H. 6. 39. 2. Things general before special things ; as land ( being the genus , therefore ) is to be placed before Meadow , Pasture , Wood , Heath , Marish , &c. and Boscus must precede Alnetum , Salicetum , &c. as wood is the genus to Wood-ground . 3. Intire things are to be set down before parts of things : de Manerio de . A. de Medietate Manerii de B. &c. 4. Parts of the things excepted must follow the things themselves out of which they are excepted . And if there be divers parcels in the Writ , that thing out of which the exception is made must be put last of all , thus , after all the rest , de Manerio de B. cum pertin . in C. except . uno Mesuagio , duabus acris terrae & Advocatione Ecclesiae de B. &c. Regist. Orig. so. 6. 5. The thing excepted must be certainly named , and in this there needs not the Addition of the words cum pertin . as are used after the things granted . 6. The Exception must alwaies be of such a thing as will lye in a Writ , and of such a thing as is comprehended in the writ , as Precipe A. quod juste , &c. ten . B. Conventionem , &c. de uno Mesuagio , duabus acris terre , decem acris prati , & Centum acris pasture cum pertin . except . una acra prati in L. Et est Concordia talis , scilicet , quod praedict. A. recogn . tenementa praedicta cum pertin . ( except . preexcept . ) esse jus , &c. 7. Where the Original writ is of many things , if of eight things , as a Mannor , House , Rectory , &c. they are thus expressed ; first , De uno Manerio : secondly , Ac de Rectoria : thirdly , Necnon de Mesuagio , &c. and for the fourth thing Aceciam : for the fifth , Praeterea : for the sixth , Ac ulterius : for the seventh , Aceciam : and for the eight , Ac insuper . And if there be more then to begin again .

CAP. VI. Observations in Drawing the forms of Concords .

TWo things are chiefly to be considered in the drawing of Concords of Fines . As first , the Precipe , which is the Recital of the contents of the writ of Covenant and is called the Title or head of the Concord or Agreement , The form whereof is thus ; Midd. ss. Precipe A. B. quod juste , &c. teneat C. D. Conventionem , &c. de decem Mesuagiis , Centum acris terrae , & sexaginta acris Pasturae in Isllington , Et nisi , &c. This Praecipe is to express the things in particular whereof the Fine is to be levyed , in the same order and words as they are mentioned in the Original writ , in which also the names of the parties , with their Additions must be inserted , as Precipe F. Comiti B. quod juste , &c. ten . H. F. Armigero , &c.

That therein the parcels must be named according to the directions before set down in the fifth Chapter , which must alwaies be according to the Rule in the Register , comprehended in the ensuing verses :

Mes. ●gium , Tost . um , Mol. endinum , Col. nmbare , Gar. dinum , Terr . a ,

Pra. tum , Pas . tu●a , Bos . cus , Brue . ra , Mora.

Junca . ria , Maris . cus , Alne . tum , Pis . caria , Red. ditus , Sectare priora .

Secondly , The Concord it self , as to which we are to observe that the particulars ( or parcels ) ought not to be recited as fully in the Concord as when they were first named in the writ of Covenant ( or other original writ pertinent to a Fine ) or as they are expressed in the Precipe ; but instead of naming of every particular over again it will be sufficient to say thus , Et est Concordia talis scilicer quod praedictus A. recogn . tenementa praedicta cum pertin . esse jus ipsius H. &c. where note that by the word tenementa any number or quantity of distinct things , or parcels , will be well enough and aptly expressed , except the Precipe be of entire things by themselves , as Precipe , &c. quod ten . Conventionem , &c. de Manerio , or Maneriis cum pertin . in A. here in this case the Concord must be , quod recogn . pred . Manerium , or pred . Maneria cum pertin . Neither will Mesuages named by themselves in a Precipe pass by the word Tenementa in the Concord ; So an Honour , Castle , Island , Barony , Hundred , Borough , Knights Fee , the Scite of a Mannor , a Park , a Prebendry , Rent , Common , a Warren , Fishing , Rectory , Tythes , Oblations , Toll , Stallage , Pontage , View of Frank-pledge , a Liberty , Franchise , Office , Bayliwick , Fair , Market passage , the Moiety or part of any entire thing , Wreccum Maris , Advowsons of a Church , or portions of Tythes , must be particularly named in the Concord , as well as in the Precipe , otherwise the Concord will not be good .

Although there be divers Cognizees in a Concord the right shall be limited to one of them , As where A. is Cognizor , B. and C. Cognizees , The Concord shall be quod praedictus A. recogn . praedicta tenementa cum pertin . esse jus ipsius B. ut illa quae iidem B. & C. habent de dono praedicti A. & illa remisit , & quiet . clam . de se , & heredibus suis prefat. B. & C. heredibus ipsius B. imperpetuum .

But where a Fine is from divers Cognizors , the Release and Warranty must be from all the Cognizors and their heirs , thus expressed in the Concord where A. B. are Cognizors and C. Cognizee ▪ ss. quod predicti A. & B. recogn . predicta tenementa com pertin . esse jus ipsius C. ut illa que idem C. habet de dono predictorum A. & B. & illa remisit , & quier . clam . de ipsis A. & B. & heredibus suis pred . C. & hered. suis imperpetuum . Et predictus A. concessit prose , & heredibus ipsius A. quod ipsi warant ▪ prefat. C. & heredibus suis tenementa predicta cum pertin . contra predictos A. & heredes suos imperpetuum . And the like Waranty from B. But if the Fine be of Gavel-kind it is otherwise . Coke 5. 38.

It is usual for divers persons that have made several small distinct purchases in one County to joyn together in one Fine ( for saving charges : ) And that the writ of Covenant be brought by all the Vendees against all the Vendors , and every one of them Warants for himself and his heirs , against him and them onely . West . Symb. 2. part .

CAP. VII . Before whom , and how , Fines are to be levyed ; with the manner of drawing a Fine at Bar by the Serjeants at Law .

THe persons before whom Fines are to be levyed are such as either take Cognizance of Fines ex Officio , and by vertue of their Office , or such as are appointed and authorized thereunto . Those that do it ex Officio are the Lord Chief Iustice for the time being of the Court of the Common Pleas , who hath power to receive and certifie the Acknowledgment of all manner of Fines without any kind of Commission , as well in any place out of the Court , as in the Court. And so any two of the Iustices of the same Court may do it in open Court .

Those that take Cognizance of Fines otherwise then ex Officio , are such as do it by vertue of some Commission General or Special granted unto them by the King out of Chancery .

The first sort of those that take and certifie Cognizances of Fines by vertue of Commission are Iustices of Assize , who , although they may do it by the general words of their Patent , yet they do not use to certifie them without a special writ of Dedimus potestatem .

Secondly , the Iudges of both Benches and Barons of the Exchequer , who do usually first take the Cognizance of Fines without Dedimus potestatem , and afterwards Certifie the same upon a Dedimus potestatem to warrant and justifie their proceedings therein .

The third sort are certain , discreet , honest , and understanding Gentlemen in the Country or place where the Cognizors which are to acknowledge the Fine reside , who have alwaies a special writ of Dedimus potestatem directed unto them , whereby they have power to do such things therein , as the Chief Iustice doth daily ex Officio , upon surmise that the parties that are to acknowledge the Fine are not able to travel to Westminster for the doing thereof . And by this Writ upon such surmise power may be given to any Serjeant at Law , or to any Knight or Gentleman together to take the Cognizance of the persons that are to be Cognizors in the Fine : And this they may take from them either altogether at once , or asunder at several times , and in several places as they please .

But herein great care must be had by the Commissioners in executing their Commission , least they commit some notorious errour to make void the Fine . As if the Dedimus potestatem be to two Ioyntly to do it , and one of them doth it alone , or if the same be to three Ioyntly to do it , and two of the three onely do it , or the like , this will be Errour . So if one of the Cognizees be one of the Commissioners , and he himself take the Cognizance of the Fine , this likewise will be Errour . F. N. B. 146 , 147. Dyer 220. 11 H. 6. 21. Crooke 1. 249. Form . bene placitandi Tit. Erros Assignes .

The Iudges and Commissioners impowered to take Cognizance of Fines , are to be careful of whom they take such Cognizances for Fines before them : That they know the Cognizors , and so do not suffer one person to make Cognizance in the name of another , nor take any Cognizance from persons prohibited by Law , and such as are unfit to be Cognizors , as Infants , Mad men , Drunken men , and the like . And if husband and wife be Cognizors , the wife ought to be examined solely and secretly , whether she be content of her own free will to part with her right in the land , or whether she do it by the menace and threats , or out of fear of her Husband ▪ and then the contents of the Fine must be read distinctly to her ; And if the Iudge doubt of her age , he may examine her upon oath , and so may Commissioners , which being done , and the Fine read to the Cognizors they are to put their hands to the Concord . And then the Commissioners are to certifie the Cognizance of the parties the same day and year when it was taken , and so return the Dedimus , with the Concord , into the Court of Common Pleas , within a year after it is taken at farthest . And upon any of the Commissioner's refusal so to do , the party grieved may by Certiora●i compel him that hath it in his Custody , his Executor , or Administrator to certifie it .

How to sue out a Fine before the Lord Chief Justice of the Common Pleas.

You are first to draw your Precipe in paper , after this manner : ss. Precipe T. S. Armigero & A. uxori ejus quod juste , &c. teneant . R. S. Armigero Conventionem , &c. de Maneriis de K. & S. cum pertinentiis ac de decem Mesuagiis , viginti Cottagiis , decem Tostis , & Centum acris Pasture in M. Et nisi , &c. which done ingross it fairly in Parchment with the Concord ( according to the Instructions , and Presidents in this Treatise : ) And then go with the Cognizor or Cognizors to the Lord Chief Iustice of the Common Pleas at his Chamber , and deliver your Parchment , if it requires hast , to the Clerk of the Fines who will cause the Caption to be writ underneath the Concord on the left hand ( if it be not done before you come thither ) thus , Capt. & cognit . primo die Maii , Anno regni domini nos●ti Caroli secundi nunc Regis Anglie , &c. vicesimo , coram me , and also see that the Cognizors subscribe their names to the Concord on the right hand , and inquire of him that comes with the parties to the acknowledgment of the Fine , if he knows them , and see that he subscribes the Fine accordingly at the bottom , thus , A B. cogn . paries , which done he will get the Lord Chief Iustice his hand to the Caption of the Concord ingrossed in Parchment , And also to a Coppy thereof fairly written in paper which is to remain with the Cleck of the Fines : But the Concord in Parchment you are to carry to the Cursitor of the County where the lands lye , and there get your writ of Covenant made , which you are to carry before it be Sealed to the Alienation Office in the Temple , and there compound it ; and get it entred , and indorsed : which done , you are to carry it back to the Cursitor who will get it Sealed ; and that being done , you are to make your Warant of Attorney for the Fine in this manner .

Bed . ss. R. S. Armiger . Po. lo. s●o W. B. Attorn . suum ad prosequend . breve de Con. versus T. S. & A. uxorem ejus de Maneriis , terris & tenementis in M. &c.

When you have made this Warrant of Attorny , you are to file it with the Clerk of the Warrants , who will sign the Writ of Covenant with a Stamp for that purpose . Then file the writ of Covenant , and the Precipe and Concord together , and carry them to Mr. Jones his Office in the Middle-Temple , who returns the Writ of Covenant , and Signs the same with his Stamp ; After this the Custos Brevium is to have it to make his entry thereof upon the Roll , and indorse upon the Writ when the Proclamations are to be made , from whom you must carry it to the Clerk of the Kings Silver , who will perform what belongs unto it there ; ( And being once dispatched that Office , it is then a Fine in force of Law ) Afterwards carry it to the Chirographer whose Office is in the Middle-Temple , and there the Clerk that deals for that County where the lands in your Fine do lye will make the Indentures of the Fine , and then it is finished .

A Fine is acknowledged at the Bar after this manner .

First an Attorney must deliver the Writ of Covenant Sealed , with the Precipe and Concord ingrossed in Parchment as above to one of the Serjeants at Bar , where the Cognizors are to be pres●nt .

Then the Serjeant must desire the Chief Iustice to record the appearance of the Cognizors which being granted by him , The Serjeant saith ,

den●ers le Roy.

Then answereth the second Prothonotary , or his Clerk ,

que donera ?

Then the Sergeant shall answer thus ,

Cestuy que avera .

Then the second Prothonotary , or his Clerk , shall answer again , thus ;

trahes la paix .

Then the Sergeant must say , Ove vostre conge la paix est ti●l scilicet , &c. reciting in French the Concord so delivered unto him , as aforesaid by the Attorney , with relation to the particulars of the lands contained in the Precipe ; And that being done , the Sergeant must , if any one of the Cognizors be a Feme-covert , tell her that she must go up to the Puisne Iudge to the Bench to be examined of her consent , which Iudge taketh the Concord so written in Parchment , as aforesaid , and examineth her apart privately , and then delivereth it to the Prothonotary to be recorded .

Then take the Precipe and Concord , when the Court hath recorded it , and file it to the writ of Covenant , and paying the Fees of Court , pass it through the several Offices as you are before directed in the acknowledgment before the Lord Chief Iustice .

The manner of acknowledging and levying a Fine before Commissioners .

Any Iudge of the Common Pleas , Kings Bench , or Baron of the Exchequer ( as is before declared ) may take the Caption of a Fine before the Dedimus potestatem be sued out , which you may sue out afterwards , and carry it under Seal to him that took the Cognizance of the Fine , and he will return the same .

A Fine may also be taken by special Commission in the Country ; to do which , you must deliver to the Cursitor the Commissioners names , one whereof must be a Knight , by which with the Concord the Cursitor will make the Dedimus potestatem , and get it sealed for you .

Then deliver the Dedimus potestatem to the Commissioners with the Precipe and Concord ingrossed in Parchment , with wax and seals unto it ; and when the Cognizance is taken by them they must return the Dedimus potestatem in this manner : Executio istius Commissionis patet in quadam Schedula huic Commissioni annex . And then file the Concord to the back of the Dedimus potestatem , and let the Commissioners set their seals to the Concord , and their hands to the return of the Dedimus : The Caption of the Concord must be thus ,

Capt. & cognit . apud Villam B. in Com. B. decimo octavo die Augusti , Anno Regni Domini nostri Caroli Secundi nunc Regis Anglie , &c. vicesimo secundo coram nobis A. B. C. D. E. F.

Then when you have returned up your Dedimus potestatem , carry it to the Cursitor , who will make you the writ of Covenant . And then pass the Fine as before is directed ; onely in this case if one of the Commissioners that takes the Caption be not a Knight , you must draw up a Certificate upon the back of the Concord , and carry it to a Iudge of the Common Pleas for his Allocatur .

The form of the Certificate is thus :

A B. gent. one of the Commissioners in the Writ of Dedimus named , maketh Oath , that this Fine was duly executed , the Cognizees of full Age , and the Feme Covert ( being secretly and apart examined ) willingly consented .

A. B.

CAP. VIII . Of Fines sur Cognizance de droit come ceo que il ad de son done ; their Forms , &c.

Sect. I. A Fine levyed by One to Two Joynt Purchasors . Midd. ss .

PRecipe A. B. quod juste , &c. teneant C. D. & E. F. Conventionem , &c. de uno Mesuagio , uno Cottagio , & decem acris Pasture cum pertinentiis in B. Et nisi , &c.

ET est Concordia talis , scilicet quod predictus A. recogn . predicta tenementa cum pertinentiis esse jus ipsorum C. & E. ut illa que iidem C. & E. habent de dono predicti A. Et illa remisit ▪ & quiete clamavit de se & heredibus suis , predictis C. & E. & heredibus suis imperpetuum . Et preterea idem A. concessit pro se & heredibus suis , qood ipsi warant ▪ predictis C. & E. & heredibus suis predicta tenementa cum pertin . contra predictum A. & heredes suos imperpetuum . Et pro hac , &c.

Sect. II. A Fine Levyed by One to Two , and the Heirs of one of them . Bed . ss.

PR. A. B. quod juste , &c. teneant . W. G. & R. Y. Conventionem , &c. de duobus Mesuagiis , duobus Toftis , Centum acris Terre , & septuaginta acris Pasture cum pertin . in K. W. & S. Et nisi , &c.

ET est Concordia talis , scilicet quod predictus A. recogn . predicta tenementa cum pertin . esse jus ipsius W. ut illa que iidem W. & R. habent de dono predicti A. Et illa remisit & quiete clam . de se & heredibus suis predictis W. & R. & heredibus ipsius W. imperpetuum . Et preterea idem A. concessit pro se & heredibus suis quod ipsi warant . predictis W. & R. & heredibus ipsius W. predicta tenementa cum pertin . contra predictum A. & heredes suos imperpetuum , Et pro h●c , &c.

Sect. III. A Fine Levyed by Baron and Feme to Two , of four Mesuages onely . Kanc. ss.

PRecipe J. L. & A. uxori ejus quod juste , &c. teneant W. P. & R. B. Conventionem , &c. de quatuor Mesuagiis cum pertin . in C. Et nisi , &c.

ET est Concordia talis , scilicet quod predicti J. & A. recogn . Mesuagia predicta cum p●rtinentiis esse jus ipsius W. ut illa que iidem W. & R. habent de dono predictorum J. & A. Et illa remiserunt & quiete clam . de ipsis J. & A. & heredibus ipsius J. predictis W. & R. & heredibus ipsius W. imperpetuum . Et preterea iidem J. & A. concesserunt pro se & heredibus ipsius J. quod ipsi warant . praedictis W. & R. & heredibus ipsius W. predicta Mesuagia cum pertinentiis , contra predictos J. & A. & heredes ipsius J. imperpetuum . & pro hac , &c.

Sect. IV. A Fine Levyed by Baron and Feme to an Arch-Bishop and another . Kanc. ss .

PRecipe Johanni Lancaster generoso & Jane uxori ejus , quod juste , &c. teneant Reverendissimo in Christo patri ac Domino , Domino Gilberto Providentia divina Cantuariensis Archiepiscopo , totius Anglie Primati , &c. & Georgio Lowndes Armigero Conventionem , &c. de Manerio de B. cum pertin . ac de quatuor Mesuagiis , quatuor Tostis , decem Cottagiis , uno Molendino aquatico granatico , decem Gardinis , quingentis acris Terre , quadringentis acris Prati , & quadringentis acris Pasture cum pertin . in O. A. & L. Et nisi , &c.

ET est Concordia talis , scil. quod predicti J. L. & J. uxor ejus recogn . Manerium & tenementa predicta cum pertin . esse jus ipsius Archiepiscopi , ut illa que iidem Archiepiscopus , & G. L. habent de dono predictorum J. L. & J. uxor is ejus E● illa remiserunt & quiete clam . de ipsis J. L. & J. uxore ejus & heredibus ipsius J. L. prefat. Archiepiscopo , & G. L. & heredibus ipsius Archiepiscopi imperpetuum . Et preterea iidem J. L. & J. uxor ejus concesserunt . pro se & heredibus ipsius L. quod ipsi warant . Manerium & tenementa predicta cum pertinentiis predictis Archiepiscopo , & G. L. & hered. ipsius Archiepiscopi contra omnes homines imperpetuum . Et pro hac , &c.

Sect. V. A Fine Levyed of most kind of things that can be named . Ebor. ss .

PRecipe A. M. Baronetto quod juste , &c. teneant J. B. Militi Convent . &c. de Honore de M. Castro & Vicecomitat . de B. cum Hundred . Membris & pertinentiis suis , Insula de L. Baronia de S. Hundred . de A. Burgo de A. Scitu , ambit . & precinct . nuper Monasterii de E. Manerio de A. cum pertinentiis , Scitu Manerii de A. Grangia de A. Parco de A. Prebend . de A. uno Capitali Mesuagio , duobus Mesuagiis , duobus Toftis , duobus Cottagiis , uno Collumbari , uno Molendino ventritico , uno Molendino aquatico granatico , uno Molendino Fullonico , quinque Horreis , septem Gardinis , decem Pomariis , octingentis acris Terre , quingentis acris Prati , Mille acris Pasture , septingentis acris Bosci , Mille & sexcentis acris , Jampnorum & Bruere , ducentis acris More , quadraginta acris Juncarie , Centum acris Marisci salsi , & quadraginta acris Marisci frisci , viginti acris Alneri , quinquaginta acris Turbarie , decem acris Mosset . viginti acris Terre aquâ cooperte , Communia Pasture pro omnibus averils , libera Warena , libera piscaria in aqua de C. libertate Faldagii pro trescentis ovibus in terris de C. & Centum solidat . reddit . ac reddit . duorum librat . Piperis , u●ius libre Cere , quinque quarteriorum Frumenti decem quarter . Hordei , quadraginta Caponum , viginti Gallorum , & decem Galli●arum cum pertin in C. Ac de omnibus & omnimodis , Oblationibus decimis garbarum granorum , Feni , Lane , Lini , Canabis & Agnorum cum pertin . Necnon de Tolneto , Stallagio , Picagio , Pontagio infra Burgum de C. Aceciam de Gurgite & cursu aque currentis à loco vocat . B. in per & trans cujusdam L. S. Armigeri ad Molendinum vocatum G. & preterea de Wera sive Veda in S. ac de Visu Franc. pleg . Libertat . & Franches . in C. ac de Custod . sive Officio Custod . de S. Custod . Parci & Forreste de C. ac de Officio Senescalsie de C. Balliva sive Officio Ballivat . de C. Ac ulterius de Nundinis de C. singulis Annis ad Festa A. & M. ibidem tenend. Mercat . de A. quiet . sive libero Passagio ultra aquam de A. Rectoria de E. Advocatione , present at lone , donatione , libera dispositione , & jure Patronatus Ecclesiae de E. quadam portione decimarum sive Pensionum in E. Aceciam de Medietate Manerii de E. cum pertin . & de tertia parte tenementorum de C. in tribus partibus divis . Exceptis & omnino reservatis Patronagio una cum Advocatione Vicarie Ecclesie de E. & Capelle eidem Rectorie annex . ac omnibus decimis granorum Vis . Franc. Pleg . ac omnibus que ad Vis . Franc. Pleg . pertinent , catallis Felonum , Fugitivorum , Utlagariorum , Attinct . cum terris & tenementis Utlagat . & Waviat . quibuscunque , Feriis , Mercatis , Wrecco Maris , ac tot & tantis Juribus , Jurisdictionibus , Privilegiis , Franchesiis , & Libertatibus , tenementa praedicta aut aliquod eorum concernen . & eidem A. M. & heredibus suis ut de Manerio de A. spectan . Et nisi , &c.

ET est Concordia talis , scilicet quod predictus A. recogn . predicta Honorem , Castrum , Vicecomit . Insulam , Baroniam , Hundredum , Burgum , Scitum Manerium , Parcum , Prebend . tenementa , reddit . Communiam pasture , liberam Warrenam , liberam Piscariam Rector . Decimas , Oblationes , Tolnetum , Stallagium , Picagium , Pontagium , Gurgitem , Vic. Franc. Pleg . Libertates , Franchesias , Custod . Officium Senescal . Ballivat . Nundinas , Mercatas , Feriam , Passagium , Wreccum Maris , Medietatem , & tertias partes cum pertin . Ac Advocationes , Presentationes , Liberam dispositionem , jus Patronatus , Portionem & Pentionem predictas ( except . preexcept ) esse jus ipsius J. ut illa que idem J. habet de dono predicti A. Et illa remisit & quiet . clam . de se & heredibus suis predicto A. & heredibus suis imperpetuum . Et preterea idem A. concessit pro se & heredibus suis quod ipsi warant . predicto J. & heredibus suis predict . Honorem , Castrum , &c. ( ut supra ) contra predictum A. & heredes suos imperpetuum . Et pro hac , &c.

Sect. VI. A Fine Levyed to a Corporation . Oxon. ss .

PRecipe J. P. vidue & E. P. generoso quod juste , &c. teneant . W. E. Presidenti Collegii Sancti Johannis Baptiste in Acedemia Oxoniensi , & Scholasticis ejusdem Collegii Conventionem , &c. de Scitu & Precinctu domus Collegii vulgariter nuncupat . the White Fryers in suburbiis Civitatis Oxoniensis cum pertinentiis ac de sex Mesuagiis , sex Gardinis , sex Pomariis , quinque acris Terre , duobus acris Prati , & sex acris Pasture cum pertin . in Suburbiis Civitatis predicte . Et nisi , &c.

ET est Concordia talis , scilicet quod predicti J. & E. recogn . tenementa predicta cum pertin . esse jus ipsorum Presidentis & Scholasticorum , ut illa que iidem Presidens & Scholastici habent de dono predictorum J. & E. Et illa remiser . &c. de se & heredibus ipsius E. prefat. Presidenti & Scholasticis , & Successoribus suis imperpetuum . Et preterea iidem J. & E. concesserunt pro se & heredibus suis quod ipsi warant . prefat. Presidenti & Scholasticis , & Successoribus suis predicta tenementa cum pertin . contra predictos J. & E. & heredes ipsius E. imperpetuum . Et pro hac , &c.

Sect. VIII . A Fine Levyed in the County Palatine of Lancaster , or Chester . Lancastr . ss .

HEC est finalis Concordia facta in Curia domini Regis apud Lancastr . die Lune in quinque Septimana Quadragesime Anno regni Caroli Dei gratia Anglie , Scotie , Francie & Hibernie , Regis , fidei defensoris , &c. undecimo coram A. S. Mil. & C. L. uno Servientium domini Regis ad legem Justic . domini Regis apud Lancastr . & aliis dicti domini Regis fidelibus tunc ibi presentibus inter A. R. querentem & T. S. & E. uxorem ejus deforcientes de duobus Mesuagiis , duobus Toftis , tribus Gardinis , quinquaginta acris Terre , viginti acris Prati , & sex acris Pasture cum pertin . in T. unde placitum Conventionis sum . fuit inter eos scilicet quod predicti T. & E. recogn . tenementa predicta cum pertin . esse jus , &c.

Cestr . ss . HEc est finalis Concordia facta in Curia domini Regis apud Cestr . die Lune septimo die Maii Anno regni domini Caroli secundi dei gratia Anglie , &c. Regis fidei defensoris , &c. decimo quarto coram A. B. & C. D. Justic . domini Regis apud Cestr. & aliis , &c. ( ut supra . )

CAP. IX . Of Fines sur Cognizance de droit tantum ove grant , sur Concessit , and sur done Grant & Render , their forms , &c.

Sect. I. A Fine sur Cognizance de droit tantum , with grant of a third part in Reversion by a Copartner . Leic. ss.

PRecipe A. M. & C. uxori ejus quod juste , &c. teneant . F. V. Conventionem , &c. de tertia parte trium Mesuagiorum , trium Toftorum , trium Gardinorum , ducentarum acrarum Terre , sexaginta acrarum Prati , & Centum acrarum Pasture cum pertinentiis in H. B. & M. Et nisi , &c.

ET est Concordia talis , scilicet quod predicti A. & C. recogn . ter●iam partem predictam cum pertinentiis esse jus predicti F. Et concesserunt quod eadem tertia pars cum pertinentiis ( quam R. T. vidua ●enet ad terminum vite sue de hereditate ipsius C. die quo hec Concordia facta fuit , & que post mortem ejusdem R. T. ad ipsos A. & C. reverti debuit ) reman. prefato F. & heredibus suis imperpetuum Tenend . &c. Et preterea iidem A. & C. concesserunt pro se & heredibus ipsius C. quod ipsi Warant . prefato F. & heredibus suis tertiam partem predictam cum pertinentiis sicut predictum est , contra se & heredes ipsius C. imperpetuum . Et pro hac , &c.

Sect. II. A Fine sur Done , &c. with Render of five shillings Rent , and the best Beast in the name of an Herryot after the death of every Tenant , with Clause of Distress . Rotel . ss.

PRecipe N. M. quod juste , &c. ten . H. S. Conventionem , &c. de Manerio de L. &c. Et nisi , &c.

ET est Concordia talis , scilicet quod predictus N. recogn . Manerium & tenementa predicta cum pertin esse jus ipsius H. ut illa que idem H. habet de dono predicti N. Et illa remisit & quiete clamavit Release . de ipso N. & heredibus suis predicto H. & heredibus suis imperpetuum . Et preterea idem N. concessit pro se & heredibus suis quod ipsi Warant . Manerium & tenementa predicta cum Waranty . pertin . prefato H. & heredibus suis contra ipsum N. & heredes suos imperpetuum . Et pro hac Recognitione , Remissione , quiete clam . warant . Fine & Concordia idem H. concessit predicto N. quandam Annuitatem sive annualem redditum quinque solidorum exeun . de Manerio & tenementis predictis cum pertin . & illam ei reddidit in eadem Curia , Habend . & percipiend . eidem N. & heredibus Fine sur Concessit . fo. 1. suis ad festa sancti Michaelis Archangeli , & Nativitatis sancti Johannis Baptiste per equales portiones , Ac solvend . post decessum cujuslibet tenementi Manerii & tenementorum predictorum obien . seisit in feodo simplici vel feodo talliato suum optimum animal nomine Herriot . Et si contingerit predictam Annuitatem sive annualem redditum aretro fore in parte vel in toto post aliquod festorum predictorum in quo ut prefertur solvi deberet , non solut , aut Herriot . predict . cum acciderit in solut. quod tunc bene licebit predicto N. & heredibus suis in Manerium & tenementa predicta cum pertinentiis intrare , & distringere , districtionesque sic ibidem capt. & habitas licite asportare , effugare , abducere , & penes se retinere , quousque tam de predicta Annuitate sive Annuali redditu quinque solidorum cum arreragiis ejusdem si que fuerint , quam de Herriot . predicta sic insolut . plenarie fuerit satisfact. & persolut .

Sect. III. A Fine sur Done with grant and render in Tayl , with divers Remainders over . Leic. ss.

PRecipe F. B. generoso quod juste , &c. teneat W. N. Conventionem , &c. de Manerio de S. cum pertin . &c. Et nisi , &c.

ET est Concordia talis , scilicet ( recitando le Release , & Waranty ut prox . supra usque ) Et pro hac Recognitione , &c. idem W. concessit predicto F. predictum Manerium cum pertin . & ill . &c. habendum & tenendum eidem F. & heredibus quos idem F. procreaverit de corpore Marie tunc uxoris ejus tenend. de Capitalibus dominis feodi illius per servitia que ad predictum Manerium pertinent . Et si contigerit quod idem F. obiret sine heredibus per ipsum de corpore ipsius M. procreat . tunc post decessum ipsius F. predictum Manerium cum pertin . integrè reman. predicte Marie tenend. &c. tota vita ipsius M. Et post decessum ipsius M. predictum Manerium cum pertin . integre reman. rectis heredibus predicti W. tenend. &c.

Sect. IV. A Fine sur Done with Grant and Render of the fourth part of an House for a Month , the Remainder to a stranger . North't . ss.

PRecipe J. M. quod juste , &c. ten . J. S. & P. uxori ejus Conventionem , &c. de quarta pa●te unius Mesuagii in A. Et nisi , &c.

ET est Concordia talis , scilicet ( Release and Waranty , ut supra ) Et pro hac Recogn . &c. predicti J. S. & P. concesserunt prefato J. M. quartam partem predictam , & illam ei reddiderunt in eàdem Curia . habend . & tenend. quartam partem predictam prefato J. M. & assign . suis à die quo hec Concordia facta fuit usque finem unius Mensis integri , & immediate post expirationem inde quarta pars predicta integre remanebit cuidam W. B. habend. sibi & heredibus suis imperpetuum . Tenend . de domino feodi illius pro tempore existen . per servicia , &c.

Sect. V. A Fine , sur Cognizance de droit tantum , with a grant of a Remainder ( by him in the Remainder in Tayl ) to the King . North't . ss.

PR. R. H. quod juste , &c. teneat Domino Regi Conventio●●m ▪ &c. de Manerio de H. cum perti● . ●c de viginti Mesuagiis quatuor● ecim Toftis , uno Molendino Vent●itico , tribus Columbar . viginti Gardinis , duabus Mille acris Terre , Mille acris Prati , & Mille & quingentis acris Pasture cum pertinentiis in P. H. R. T. Et nisi , &c.

ET est Concordia talis , scilicet quod predictus R. recogn . Manerium & tenementa predicta cum pertin . esse jus ipsius Domini Regis , Et concessit pro se & heredibus suis quod predictum Manerium & tenementa cum pertin . ( que L. H. tener sibi & heredibus masculis de corpore suo legitime procreat . die quo hec Concordia facta fuit , Et que post decessum ipsius L. fine heredibus masculis de corpore suo legitime procreatis , ad predictum R. & heredes masculos de corpore suo legitime procreat . & ad rectos heredes T. H. si idem R. obierit fine heredibus masculis de corpore suo legitime procreatis , remanere debet post decessum ipsius L. fine heredibus masculis de corpore suo legitime procreatis ) integre remanebit predicto domino Regi heredibus & Successoribus suis imperpetuum . Et predictus R. & heredes sui warant . predicto domino Regi heredibus & Successoribus suis predicta Manerium & tenementa cum pertinentiis sicut predictum est contra se & heredes suos imperpetuum . Et pro hac , &c.

Sect. VI. A Lease for a term of years granted by Fine sur Concessit . Buck. ss.

PRecipe W. W. & T. uxori ejus quod juste , &c. teneant R. C. generoso Conventionem , &c. de duobus Molendinis , Centum & sexaginta acris Terre , sexaginta acris Prati , & quinquaginta acris Pasture cum pertinentiis in A. alias A. L. ac de omnibus decimis granorum exeun . de tenementis predictis cum pertin . necnon de omnibus decimis Lane & Agnorum provenientibus de trescentis ovibus depasturantibus super terras decimales Manerii de A. alias A. L. Et nisi , &c.

ET est concordia talis , scilicet quod predicti W. & T. concesserunt tenementa & decimas predictas cum pertinentiis prefato R. & ill . eis reddiderunt in eadem Curia , Habend . & tenend. eidem R. à primo die R. ult. preterit . usque finem & terminum nonaginta & novem annorum ex tunc prox . sequen . & plenarie complend . Reddend . inde annuatim predicto W. & heredibus suis duos solidos legalis monete Anglie ad festa Sancti Michaelis Archangeli , & Annuntiationis beate Marie Virginis , per separales portiones annuatim solvend . toto Termino predicto si petatur . Et predicti W. & T. & heredes ipsius W. warant . predicto R. tenementa & decimas predict . cum pertinentiis ( sicut predictum est ) contra ipsos W. & T. & heredes ipsius W. Et contra omnes alios clamantes per predictum W. toto termino predicto : Et pro hac , &c.

Sect. VII . A Fine levyed by Tenants for life of their Term. Buk . ss.

PRecipe G. W. & M. uxori ejus quod juste , &c. teneant W. W. Conventionem , &c. de uno Mesuagio , Centum acris Terre , sexaginta acris Prati , octoginta acris Pasture , Centum acris Bosci , Centum & viginti acris Jampnor●m & Bruere , & communia Pasture pro omnibus Averiis , cum pertinentiis , in A. alias A. B. Et nisi , &c.

ET est Concordia talis , scilicet quod predicti G. & M. concesserunt prefato W. predicta tenementa & Communiam Pasture cum pertin . actotum & quicquid iidem G. & M. in predictis tenementis & Communia Pasture cum pertin . ad terminum vite ipsorum G. & M. & eorum alterius diutius viven . habent . Et ill . eidem W. in eadem Curia reddiderunt : Habend . & tenend. eidem W. tota vita ipsorum G. & M. & eorum alterius diutius viven . Et predicti G. & M. warant . prefato W. predicta tenementa , & Communiam Pasture cum pertinentiis sicut predictum est contra predictos G. & M. tota vita ipsorum G. & M. & eorum alterius diutius viven . Et pro hac , &c.

Of Fines sur Cognizance de droit tantum , ove Grant , sur Concessit , & ove grant & Render , &c.

Sect. VIII . A Fine sur Concessit , wherein the Term of 99 years is granted to the Cognizee in the premises ( if the Cognizors shall so long live . ) Buck. ss.

PRecipe S. T. gen . & K. uxori ejus quod juste , &c. teneant T. Y. Conventionem , &c. de Manerio de L. L. alias L. D. cum pertinentiis ac de octo Mesuagiis , uno Columbar . quadringentis acris Terre , sexaginta acris Prati , quinquaginta acris Pasture , Centum acris Bosci , Centum acris Jampnorum & Bruere , quadraginta solidat . reddit . cum pertin . in L. L. necnon de Rectoria de L. L. cum pertin . Aceciam de omnibus & omnimodis decimis quibuscunque provenien . crescen . seu renovan . in L. L. & nisi , &c.

ET est Concordia talis , scilicet quod predicti S. & K. concesserunt predicto T. Manerium , tenementa , Rectoriam , & decimas predictas cum pertin . Habend . & tenend. prefato Thome Executoribus & Assign . suis à Festo Sancti Michaelis Archangeli ult. preter it . usque ad plenum terminum Nonaginta & novem Annorum extunc prox . sequen . & plenarie complend . & finiend . ( si predicti S. & K. aut eorum alter tam diu vixerit vel vixerint ) reddend . proinde predictis S. & K. & eorum superviventi unum granum Piperis annuatim solvend . ad Festum Annunciationis beate Marie Virginis durante toto termino predicto ( si petitum sit ) Et preterea iidem S. & K. warant . predicto T. Executoribos & Assign . suis predicta Manerium tenementa Rectoriam & decimas predictas cum pertinentiis ( sicut predictum est ) contra predictos S. & K. & Heredes & Assign . suos duran . v●t is ipsorum S. & K. & vita eorum diutius viv●n . Et pro hac , &c.

Sect. IX . A Fine sur Done , Grant , with render to one of the Cognizors part of the Premises for a Month , remainder to J. and R. Strangers for their lives , remainder to the Son of J : for life , reserving Rent with Clause of Distress for non-payment , with grant of the Reversion to two other of the Cognizors . Somers . ss.

PRecipe Johanni Farmer Millti , & Matilde ●xori ejus , & Roberto Hoskins quod juste , &c. teneant Thome Parke & Johanni Kent Conventionem , &c. de duobus Mesuagiis , uno Gardino , uno Pomario , viginti & duobus acris Terte , sex acris Prati , & quinquaginta & octo acris Pasture cum pertinentiis in Mudford . Et nisi , &c.

ET ●st Concordia talis , scilicet quod predicti Johannes & Matilda , & Robertus recogn . tenementa predicta cum pertin . esse jus ipsius Thome ●t illa que iidem Thomas & Johannes Kent habent de dono predictorum Johannis Farmer Militis & Matilde , & Roberti , & illa remiserunt , & quiete clamaverunt de ipsis Johanne Farmer Milite & Matilda , & Roberto , & heredibus suis prefat is Thome & Johanni Kent , & heredibus ipsius Thome imperpetuum ; Et preterea iidem Johannes Farmer , Matilda , & Ro●ertus concesserunt pro se & heredibus ipsius Johannis Farmer , quod ipsi warant . tenementa predicta cum pertin . prefat. Thome & Johanni Kent , & heredibus ipsius Thome contra omnes homines imperpetuum . Et pro hac Recogn . &c. iidem Thomas & Johannes Kent concesserunt predicto Roberto sex acras Terre , tres acr acras Prati , & quadraginta sex acras Pasture de tenementis predictis cum pertin . & illa ei reddiderunt in eadem Curia habend. & tenend. eidem Roberto pro termino unius Mensis jam prox . f●tur . & post terminum illum fi●it●m eadem sex acre Terre , tres acre Prati , & quadraginta sex acre Pasture cum pertin . integre reman. cuidam Johanne modo uxori , cujusdam Rogeri Newman , & cuidam Richardo Newman , filio eor undem Rogeri & Johanne , Habend . & tenend. prefat. Johanne & Richardo tota vita eorundem Johanne & Richardi , & eorum alterius diutius viven . Et post decessus eorundem Johanne & Richardi Newman eadem sex acre Terre , tres acre Prati , & quadraginta sex acre Pasture cum pertin . integre reman. Johanni Newman , filio predictorum Rogeri , & Johanne uxoris ejus , Habend . & tenend eidem Johanni filio tota vita ejusdem Johannis filii , Reddendinde annuatim p●edi is Thome & Johanni Kent , & heredibus suis Centum & octo solido● , & decem denarios ad Festa Annunciationis beate Marie Virginis , & Sancti Michaelis Archangeli per equales portiones annuatim solved ▪ Et si con●ingat annualem redditum Centum & octo solidorum & decem denariorum , vel aliquam inde parcellam aretro fore in parte , vel in toto , post aliquod Festorum predictorum , in quo sive quibus ut prefertur solvi debeat , non solut. quod tunc bene licebit prefatis Thome & Johanni Kent , heredibus & Assign . suis ▪ tam in tota vita naturali predictorum Johanne & Richardi Newman , modo uxoris predicti Rogeri , & eorum alterius di●tius viven . quàm tota vita predicti Johannis filii in predictas sex acras Terre , tres acr●s Prati , & quadraginta sex acras Pasture cum pertin . & in quamlibet partem parcellam & inde intrare & distringere , districtionesque sic ibidem capt. licite abinde , abducere , essugare , asportare , & penes se retinere , quousque de predicto annuali redditu Centum & octo solidorum , & decem denariorum , & de qualibet inde parcella una cum arreragiis ejusdem ( si que fuerint ) eis plenarie fuerint satisfact. & persolut . Et ulterius iidem Thomas & Johannes Kent concesserunt predicto Roberto Hoskins , duo Mesuag . unum Gardinum , unum Pomarium , sexdecim acras Terre , tres acras Prati , & duodecim acras Pasture resid . tenementorum predictorum . Et ill . ei reddiderunt in eadem Curia Habend . & tenend. eidem Roberto pro termino unius Mensis , & post terminum illud finit . eadem duo Mesuagia , unum Gardinum , unum Pomarium , sexdecim acras Terre , tres acras Prati , & duodecim acras Pasture resid . integre reman. cuidam Richardo Newman patri predicti Rogeri Newman , ac predictis Rogero Newman & Johanne uxori ejus , Habend . & tenend. elsdem Richardo , Rogero & Johanne , rota vita ipsorum Richardi , Rogeri & Johanne , & eorum alterius diutius viven . Reddend . inde annuatim predictis Thowe & Johanni Kent , & heredibus suis tresdecim solidos legalis monete Anglie ad predicta Festa Annunciationis beate Marie Virginis , & Sancti Michaelis Archangeli per equales portiones annuatim solvend . Et si contingat redditum predictum annualem tresdecim solidorum , aut aliquam inde parcellam aretro fore in parte , vel in toto , post aliquod Festum festorum predictorum in quo u●prefertur solvi debeat , non solut. quod tunc bene licebit prefat. Thome & Johanni Kent in predicta duo Mesuagia , unum Gardinum , unum Pomarium , sexdecim acras Terre , tres acras Prati , & duodecim acras Pasture resid . cum pertinentiis , Et in quamlibet inde parcellam intrare , & distrin●●●e , districtionesque sic ibidem capt. abinde abd●cere , effugare , asporta●e , & penes se retinere ●uousque de predict . annuali redditu tresdecim so●●dorum , unacum arreragiis ejusdem si que sunt ●●enarie f●erunt satisfact. & persolut . Concesser . 〈◊〉 presati Thomas & Johannes Kent predictis Jo 〈…〉 i Farmer , & Matild● , revertionem omnium & 〈◊〉 ●●n tenementorum predictorum cum pertinentiis , & omnes redditus predictos superius reservat . Et illa eis reddiderunt in eadem Curia Habend . & tenend. eisdem Johanni , & Matilde , & heredibus ipsius Johannis imperpetuum , Tenend . de Capitalibus dominis feodi illius per servicia que ad predicta tenementa cum pertin . pertinent imper petuum .

Sect. X. A Fine sur done Grant , with render back of certain Coal Mines belonging to the Premises unto the Cogniz●rs , and the Heirs of one of them for ever . ●erb . ss.

PRecipe Georgio Hastings Armingero , & Dorothee uxori ejus , Thome Stanhope Armigero & Margarete uxori ejus , quod juste , &c. teneant Radolpho Browne & Willielmo Newton Conventionem , &c. de quadraginta acris Terre , cum pertin . in Stanley & Spowdon . Et nisi , &c.

Et est Concordia talis , scilicet quod predicti Georgius , Dorothea , Thomas , & Margareta recogn . tenementa predicta cum pertin . esse jus ipsius Radolphi , ut illa que iidem Radolphus & Willielmus habent de dono predictorum Georgii , Dorothee , Thome & Margarete , & illa remiserunt & quiete clam . de ipsis Georgio , Dorothea , Thoma & Margareta , & heredibus suis predictis Radolpho & Willielmo , & heredibus ipsius Radolphi imperpetuum . Et preterea iidem Georgius , Dorothea , Thomas , & Margareta concesserunt pro se & heredibus ipsarum Dorothee & Margarete , quod ipsi warant . tenementa predicta cum pertin . prefa● . Radolpho & Willielmo , & heredibus ipsius Radolphi contra predictos Georgium , Dorotheam , Thomam & Margaretam & heredes ipsius Thome imperpetuum . Et pro hac Recogn . Remissione , quiet . clam . warant . fine & Concordia , predicti Radolphus & Willielmus concesserunt predictis Georgio & Dorothee omnes Mineras Carhorum ( Anglice vocat . all Mines of Coals ) existen . in quodam Campo . parcell . tenementorum predictorum vocat . Stanley Field , Necnon liberum ingressum & egressum iii & a predicto Campo ad sodiend . in Mineris illis pro Carbonibus ibid. & ad abcar●and . ill . sic soss . ac libertatem fodiendi in terris illis pro Carbonibus illis omni tempore Anni ad libitum ipsorum Georgii & Dorothee & heredum ejusdem Do●othee : Et illa omnia eis reddiderunt in eadem Curia Habend . Carriand . & percipiend . predictas Miner as ingressum & egressum , ac libertatem predictam cum pertin . prefat. Georgio & Dorothee , & hered. ipsius Dorothee imperpetuum .

Sect. XI . Fines with Release and Waranty ( where the Waranty is divided ) some of the Cognizors waranting one part of the Premises , and some another part , none of them waranting all as in other Fines . Essex . ss.

PRecipe Henrico Kent & Johanne uxori ejus , Johanni Turner Gene●oso & Katherine uxori ejus , quod juste , &c. teneant Richardo Green Conventionem , &c. de uno Mesuagio , uno horreo , uno Gardino , quadraginta ac●is Terre , & quatuor acris Pasture . cum pertinentiis in Maplestede . Et nisi , &c.

ET est Concordia talis , scilicet quod predicti Henricus , Johanna , Johannes & Katherina recogn . tenementa predicta cum pertin . esse jus ipsius Richardi , ut illa que idem Richardus habet de dono predictorum Henrici & Johanne , Johannis & Katharine , Et illa remiser . & quiet clam . de ipsis Henrico & Johanna , Johanne & K●tharina , & heredibus suis prefato Richardo & heredibus s●is imperpetuum . Et preterea iidem Henricus & Johanna , Johannes & Katherina , concesserunt pro se & heredibus ipsius Johannis , quod ipsi warant . duas partes tenementorum predictorum cum pertin . in tres partes dividend . prefat. Richardo & heredibus suis contra omnes homines imperpetuum : Et pro hac , &c.

Essex . ss .

PRecipe Thome Burgeant generoso & Agneti uxori ejus , Gabrieli Bush generoso & Margarete uxori ejus , Waltero Newman & Marie uxori ejus , quod juste , &c. teneant Christofero Bland Clerico Conventionem , &c. de tribus Mesuagiis , tribus Horreis , tribus Gardinis , uno Pomario , quinquaginta acris Terre , decem acris Prati , triginta acris Pasture , & decem acris Bosci cum pertin . in Walden & Wealway . Et nisi , &c.

ET est Concordia talis , scilicet quod predict . Thomas & Agnes , Gabriel & Margareta , Walterus & Maria , recogn . pred tenementa cum pertin . esse jus ipsius Christoferi , ut illa que idem Christoferus habet de dono predictorum Thome & Agnetis , Gabrielis & Margarete , Walteri & Marie ; Et illa remiserunt & quiete clamaverunt de ipsis Thoma & Agnete , Gabriele & Margareta , Waltero & Maria , prefat. Christofero & heredibus suis imperpetuum . Et preterea iidem Thomas & Agnes concesser●nt pro se & heredibus ipsius Thome , quod ipsi warant . unum Mesuag . unum Horreum & unum Gardinum , parcell . tenementorum predictorum in Walden predicta , prefat. Christofero & heredibus suis , contra predictos Thomam & Agnetem , & heredes ipsius Thome imperpetuum . Et insuper iidem Gabriel & Margareta concesserunt pro se & heredibus ipsius Gab●ielis , quod ipsi warant . alterum Mesuagium , unum Horreum , unum Gardinum & predictum Pomarium , & predictas quinquaginta acras Terre , decem acras Prati , triginta acras Pasture , & decem acras Bosci , parcell . tenementorum predictorum in W. predicta prefat. Christofero & heredibus suis , contra ipsos Gabrielem & Margaretam , & heredes ipsius Gabrielis imperpetuum . Et ulterius iidem Walterus & Maria concesserunt pro se & heredibus ipsius Walteri , quod ipsi warant . unum Mesuagium , unum Horreum , unum Gardinum , resid . tenementorum predictorum in W. predicta predicto Christofero & heredibus suis contra predictos Walterum & Mariam ; & heredes ipsius Walteri imperpetuum . Et pro hac , &c.

Sect. XII . A Fine sur done Grant , with render of a Rent in Recompence of Dower . North ' c. ss.

PRecipe Willielmo Palmer Armigero & Marie uxori ejus , quod juste , &c. teneant Edwardo Bolnest generoso , & Roberto Dix generoso , Conventionem , &c. de Manerio de T. cum pertin . ac de duodecim Mesuagiis , uno Molendino aquatico , uno Molendino ventritico , tribus Columbar ▪ quadraginta acris Terre , Centum acris Prati , duodecim acris Pasture , viginti acris Bosci , & Centum acris Bosci , & Centum acris Jampnorum & Bruere cum pertin . in C. alias B. & D. Et nisi , &c.

ET est Concordia talis , scilicet quod predict . Williemus & Maria , recogn . Manerium & tenementa predicta cum pertin . esse jus ipsius Edwardi , ut illa que iidem Edwardus & Robertus habent de dono predictorum Willielmi & Marie : Et illa remiser . &c. ( ut in aliis . ) Et preterea iidem Willielmus & Maria concesserunt pro se & heredibus ipsius Willielmi , quod ipsi warant . Manerium & tenementa predicta cum pertin . prefat. Edwardo & Roberto , & hered . ipsius Edwardi contra omnes homines imperpetuum . Et pro hac Recogn . Remissione , quier . clam . Fine & Concordia , iidem Edwardus & Robertus concesserunt predicte Marie quandam Annuitatem , sive annualem redditum duodecim librarum exeun . de predict . Manerio & tenementis cum pertin . Habend . & tenend . & annuatim percipiend . predictum annualem redditum duodecim librarum prefate Marie & Assign . suis ad Festa Sancti Michaelis Archangeli , vel Annunciationis beate Marie Virginis prox . & immediate sequen . post mortem predicti Willielmi , pro & durante vira naturali ejusdem Marie , ad duos Anni terminos , viz. Sancti Michaelis Archangeli , & Annunciationis beate Marie Virginis , per equales portiones Annuatim solvend . in plena Recompensatione totius talis Juncture , sive dotis que iidem Marie contingere debeat de aliquibus terris & tenementis predicti Willielmi Palmer . Et si contingat predictum Annualem redditum duodecim librarum , vel aliquam inde parcellam aretro fore post aliquod Festum festorum predictorum , in quo sive quibus ut prefertur solvi deberet , & per prefat. Willielm . insolut . quod tunc & toties bene licebit eidem Marie & Assign . suis in predicta Maneria & tenementa cum pertin . sive in aliquam parcellam inde intrare & distringere , districtionesque sic ibid. capt . licite abducere , effugare & penes se retinere , quousque de predicto annuali redditu duodecim librarum ; ac de qualibet inde parcella , una cum arreragiis ejusdem ( si que fuerint ) plenarie satisfact . fuerint & persolut . Et ulterius iidem Edwardus & Robertus concesserunt predicto Willielmo Maneria & tenementa predicta cum pertin . & illa ei reddiderunt , in eadem Curia Habend . & Tenend . predictum Manerium & tenementa cum pertin . prefato Willielmo & ●eredibus suis imperpetuum . Tenend . de Capital . dominis feodi illius per servicia que ad predictum Manerium & tenementa pertinent imperpetuum .

Sect. XIII . A Fine sur done Grant , with render of the Premises to one of the Cognizors for 21 years to Commence after the death of Tenant for life , the Reversion to the other Cognizees and their Heirs . Essex . ss.

PRecipe Willielmo King & Katharine uxori ejus , & Simoni Smith , quod juste , &c. teneant Johanni Smith , & Thome Hill , Conventionem de tertia parte unius Mesuagii , unius Horrei , unius Gardini , quadraginta acrarum Terre , duarum acrarum Prati , & trium acrarum Pasture cum pertin . in H. M. Et nisi , &c.

ET est Concordia talis , scilicet quod predict . Willielmus King & Katharina , & Sim● recogn . tertiam partem predict . cum pertin . esse jus ipsius Johannis , ut illa que iidem Johannes & Thomas habent de dono , &c. ( Release and Warranty ut supra . ) Et pro hac , &c. iidem Johannes & Thomas concesserunt predicto Simoni tertiam partem predictam cum pertin . & ill . ei reddiderunt in eadem Curia Habend . & tenend. eidem Simoni à Festo Sancti Michaelis Archangeli , vel à festo Annunciationis beate Marie Virginis , quod prius & prox . contigerit , vel erit post mortem cujusdam Elizabethe modo uxoris Willielmi T. & nuper uxoris Richardi S. defunct . usque ad finem & terminum viginti & unius Annorum , extunc prox . sequen . & plenarie complend . & finiend . reddendo inde annuatim predictis Thome & Johanni & heredibus ipsius Johannis duodecim denarios , ad festa Annunciationis beate Marie Virginis , & Sancti Michaelis Archangeli , per equales portiones solvend . Et si contingat predictam Annuitatem , sive Annualem redditum 12d . in parte vel in toto post aliquod Festum festorum predictorum ( recite the clause of Distress , ut supra usque satisfact. & persolut . ) Et ●lterius concesserunt predicti Johannes & Thomas Hill , predictis Willielmo King & Katharine Reversionem tertie partis predicte , cum pertin . & redditum predictum superius reservat . Et illa eis reddiderunt in eadem Curia , Habe●d . & tenend. eisdem Willielmo King & Katherine , & heredibus ipsius Katharine imperpetuum . Tenend . de Capitalibus dominis feodi illius per servicia que adinde pertinent imperpetuum .

Sect. XIV . A Fine sur Concessit , by Baron and Feme ( she being Tenant for life ) where the Lands are granted during the life of the Woman to the Cognizee . Lincoln . ss.

PRecipe Richardo Smith generoso & Katherine uxori ejus , quod juste , &c. teneant Thome Herd Conventionem , &c. de uno Mesuagio , qua●●or acris Terre , tribus acris Prati , & sex acris Pasture cum pertin in E. Et nisi , &c.

ET est Concordia talis , scilicet quod cum predicti Richardus & Katherina habent & renent ut in jure ipsius Katherine , pro termino vite ejusdem Katherine , tenementa predicta cum pertin . revertione inde post decessum dicte Katherine , Marie Royden & heredibus suis spectan . ●idem Richardus & Katherina concesserunt predicto Thome Herd tenementa predicta cum pertin . Et totum & quicquid in predictis tenementis cum pertin . habent in eadem Curia reddiderunt , Habend . & ●enend eidem Thome & assign . suis durante tota vi●a dicte Katherine , tenend. de Capitalibus dominis feodi illius per servicia que adinde pertinent imperpetuum . Et predicti Richardus & Katherina warant ▪ predicto Thome & Assignatis suis renementa predict . cum pertin . sicut predictum est contra omnes homines imperpetuum . Et pro hac , &c.

Sect. XV. A Fine sur Cognizance de droit , of Lands which the Cognizee hath part in Possession , and are granted to him in Fee for ever , the residue being in Lease for life , the Cognizor grants to him the Reversion ( after the death of Tenant for life . ) Lincoln . ss.

PRecipe Henrico Headlam quod juste , &c. teneat Arthuro Calverly Conventionem , &c. de uno Mesuagio , quatuor Cottagiis , quatuor Toftis , uno Collumbar . tribus Gardinis , Centum & quatuor acris Terre , quadraginta acris Prati , viginti acris Pasture , duabus acris Bosci , viginti acris Jampnorum & Bruere , & viginti acris Marisci cum pertin . in Scawby , &c. ac de libera Piscar . in aqua de Antolne . Et nisi , &c.

ET est Concordia talis , scilicet quod predictus Henricus recogn ▪ tenementa predicta cum pertin . esse jus ipsius Arthuri , de quibus idem Arthurus habet unum Mesuagium , duo Cottagia , duo Tosta , unum Gardinum , octoginta acras Terre , viginti quatuor acras Prati , viginti acras Pasture , duas acras Bosci , viginti acras Jampnorum & Bruere , & viginti acras Marisci , parcell . tenementorum predictorum cum pertin . de dono predicti Henrici ; Et illa remisit & quiet . clam . de se & heredibus suis prefato A. & heredibus suis imperpetuum : Et concessit pro se & heredibus suis quod duo Cottagia , duo Tofta , duo Gardina , sexaginta acras Terre , & sex acras Prati , tenementorum predictorum resid . cum pertin . ( que Elizabetha B. uxor Thome B. tenet ad terminum vite sue de hereditate predicti Henrici die quo hec Concordia facta fuit . Et que post decessum ipsius Elizabethe ad prefatum Henricum & heredes suos debuerunt reverti ) post decessum ipsius Elizabethe integre reman. prefat. Arthuro & heredibus suis Tenend . simul cum tenementis & Piscar . predictis de Capitalibus dominis feodi illius per servicia que ad eadem pertinent imperpetuum Et predict . Henr. & heredes sui , warant . praefato Arthuro & heredibus suis tenementa & Piscar . predict . cum pertin . sicut predictum est Contra omnes homines imperpetuum , &c.

Sect. XVI . A Fine sur Cognizance de droit tantum , levyed by way of Release to confirm the Cognizees Estate in certain Lands whereof he is possessed , and whereunto the Cognizor hath but a bare Right . CArolus Dei gratia Anglie Scotie Francie & Hibernie Rex fidei defensor , &c.

Omnibus ad quos presentes litere nostre pervenerint Salutem Sciatis quod inter Recorda ac pedes Finium cum Proclamationibus inde factis secundum formam statuti in hujusmodi Casu nuper edit . & provisi coram Justiciariis nostris de Banco apud Westm. De Termino Pasche Anno regni nostri Octavo Continetur sic Bed . ss . Hec est finalis Concordia facta in Curia domini Regis apud Westm. à die Pasche in quindecim dies Anno Regnorum Caroli Dei gratia Anglie Scotie Francie & Hibernie Regis sidei defensoris , &c. A Conquestu Octavo Coram Roberto Heath Richardo Hutton Francisco Harvie Justi● . & aliis domini Regis fidelibus tunc ibi presentibus Inter Radolphum Snagge Armigerum & Ann●m uxorem ejus deforcientes de Maneriis de Kempston alias Kempston Dawbney & St. Johns cum pertin . Ac de decem Mesuagiis viginti Cottagiis decem Toftis uno Columbar . triginta Gardinis viginti Pomariis 300 acris Terre 20 acris Prati 300 acris Pasture 250 acris Bosci 400 acris Jampnorum & Bruere cum pertin . in K. M. M. W. & parochia Sancti P. in Villa Bedford . Unde placitum Conventionis sum . suit inde inter eos in eadem Curia scilicet quod predicti Thomas & Anna recogn . predicta Maneria & tenementa cum pertin . esse jus ipsius Radolphi Et illa remiserunt & quiet . clam . de ipsis Thoma & Anna & heredibus suis predicto Radolph , & heredibus suis imperpetuum Et preterea iidem Thomas & Anna concesserunt pro se & heredibus ipsius Thome quod ipsi warant . predicto Radolpho & hered. suis predicta Maneria & tenementa cum pertin . contra predictos Thomam & Annam & heredes ipsius Thome imperpetuum Et pro hac Recogn . Remissione quiet . clam . Warantia fine & Concordia idem Radolphus dedit predictis Thome & Anne Octingentas Libras Sterlingorum In cujus rei Testimonium Sigillum nostrum ad brevia in Banco predicto sigilland . deputat . presentibus apponi secimus Teste R. Heath apud Westm. decimo octavo die Aprilis Anno regni nostri supradicto .

Blake .

Sect. XVII . Lands granted in Tayle with divers Remainders over , by Fines sur Concessit .

HEc est finalis Concordia facta in Curia domini Regis apud Westm. a die sc. Michaelis in tres septimanas Anno , &c. coram , &c. Inter Thomam Holley & Isabellam uxorem ejus querentes & Richard . Kent & Johannam uxorem ejus desorc . de tribus Mesuagiis & quadraginta & duabus acris terre cum pertin . in W. unde placitum Conventionis sum . fuit inde inter eos in eadem Curia scilicet quod predicti Richardus & Johanna uxor ejus Concesserunt predictis Thome & Isabelle uxori ejus tenementa predicta cum pertin . Et illa eis reddiderunt in eadem Curia Habend . & tenend. eisdem Thome & Isabelle & heredibus de Corporibus ipsorum Thome & Isabelle exeunt . de Capitalibus dominis feodi illius per servioia que ad predicta tenementa cum pertin . pertinent imperpetuum Et si contingat eosdem Thomam & Isabellam uxorem ejus obire sine heredibus de Corporibus suis exeunt . tunc post decessum ipsorum Thome & Isabelle predicta tenementa cum pertin . integre reman. heredibus ipsius Thome de corpore suo procreat . Tenend . de Capitalibus dominis , &c. ut supra imperpetuum Et si nullus heres de corpore ipsius Thome fuerit procreat . tunc predicta tenementa cum pertin . integre reman. heredibus ipsius Isabelle uxoris predicti Thome de corpore suo procreat . Tenend . &c. Et si nullus heres de corpore predicte Isabelle uxoris predicti Thome fuerit procreat . tunc predicta tenementa cum pertin . reman. Johanne Agneti Matilde Margerie & Elizabethe Sororibus ipsius Isabelle uxoris predicti Thome & heredibus de corporibus ipsarum Johanne Agnetis Matilde Margerie & Elizabethe exeun . Tenend . &c. Et si contingat quod eedem Johanna , Agnes , Matilda , Margeria & Elizabetha obierint sine heredibus de corporibus suis exeunt . tunc post decessus ipsarum Johanne , Agnetis , Matilde , Margerie & Elizabethe predicta tenementa cum pertin . integre reman. rectis heredibus predicti Thome Tenend . &c. Et pred . Richardus & Johanna uxor ejus & heredes ip●ius Johanne warant . predictis Thome & Isabelle uxori ejus & heredibus suis predictis & heredibus ipsi●s Thome predictis ( si iidem Thomas & Isabella uxor ejus obierint sine heredibus de corporibus suis exeunt . ) & heredibus ipsius Isabelle uxor is ipsius Thome predictis ( si nullus heres de corpore ipsius Thome sit procreat . ) & predictis Johanne , Agneti , Matilde , Margerie & Elizabethe & heredibus suis predictis ( si nullus heres de corpore ipsius Isabelle uxor is predict . Thome fuer it procreat ) & etiam rectis heredibus predict . Thome ( si eedem Johanna , Agnes , Matilda , Margeria & Elizabetha obierint sine heredibus de corporibus suis exeunt . predicta tenementa cum pertin . contra omnes homines imperpetuum Et pro hac Concessione redditione warantia fine & Concordia iidem Thmas & Isabella uxor ejus dederunt predict . Richardo & Johanne uxori ejus viginti Marcas Argenti , &c.

ET est Concordia talis , scilicet quod predictus Franciscus recogn . Maneria tenementa & reddit . predict . cum pertin . esse jus ipsius Willielmi , &c. Release & Waranty contra omnes homines imperpetuum . Et pro hac Recogn . &c. idem Willielmus concessit prefato F. Maneria tenementa & reddit . predict . cum pertin . Et illa ei red●iderunt in eadem Curia habend. & tenend. eidem F. & hered. quos idem F. procreavit de corpore M. nunc uxoris ejus de Capitalibus dominis feodi illius per servicia que ad predict . Maneria tenementa & reddit . predict . pertinent imperpetuum Et si contingat quod idem F. obierit sine heredibus per ipsum de corpore ipsius Marie procreat . tunc post decessum ipsius F. predict . Maneria tenementa & reddit . cum pertin . integre reman. prefato M. & hered. ipsius M. quos predictus F. procreavit de corpore ipsius Marie tenend. de Capitalibus dominis feodi illius per servicia , &c. Et si contingat quod eadem M. obierit sine heredibus per predict . F. de corpore ipsius Marie procreat . turc post decessum ipsius Marie predict . Maneria tenementa & reddit . cum pertin . integre reman. rectis heredibus prefati Willielmi Tenend . de Capitalibus Dominis feodi illius per servicia que ad predicta Maneria tenementa & redditus pertinent imperpetuum .

Sect. XVIII . A Fine sur done , Grant , with render for life of the Cognizor , Revertion to the Cognizees . Buck. ss .

HEc est finalis Concordia , &c. inter Edwardum Hastings Militem & Mariam uxorem ejus querentes & Oliverum Man Militem deforc . de Manerio de Stoke , &c. cum pertin . ac de 50 Mesuag . 2000 acris Terre , 100 acris Prati , 1000 acris Pasture , 100 acris Bosci & 50 librat . reddit . cum pertin . in Stoke unde placitum Conventionis sum . fuit inter eos in eadem Cur. scilicet quod predictus Oliverus recogn . Maneria tenementa & reddit predict . cum pertin . esse jus ipsius Marie ut illa que iidem Edwardus & Maria habent de dono predict . Oliveri Et illa remisit & quiet . clam . de se & heredibus suis predict . Edwardo & Marie & heredibus ipsius Marie imperpetuum Et pro hac , &c. iidem Edwardus & Maria concesser . predicto Olivero predicta Maneria tenementa & reddit . cum pertin . Et illa ei reddiderunt in eadem Curia Habend . & tenend. eidem Olivero de predictis Edwardo & Maria & hered. ipsius Marie pro termino vite naturalis ipsius Oliveri Reddend . inde annuatim unam Rosam ad Festum Nativitatis Sancti Johannis Baptiste pro omnibus serviciis consuetis & exaction . ad predict . Edwardum & Mariam & heredes ipsius Marie imperpetuum Et faciend. inde Capitalibus dominis feodi illius pro predictis Edwardo & Maria & heredibus ipsius Marie omnia alia servicia que ad predicta Maneria & tenementa pertinent . tota vita ipsius Oliveri Et predicti Edwardus & Maria heredes ipsius Marie warant . predicto Olivero predicta Maneria tenementa & reddit . cum pertin . contra omnes homines tota vita ipsius Oliveri & post decessum ipsius Oliveri predict . Maneria & tenementa cum pertin . integre reverterint ad predictos Edwardum & Mariam & heredes ipsius Marie quiet . de heredibus predicti Oliveri renend . de Capital . dominis feodi illius per servlcia que ad predicta Maneria & tenementa pertinent imperpetuum .

Sect. XIX . Grant and render of a Rent Charge , and Lease for years . Essex . ss .

PRecipe Thome M. & Marie uxori ejus & Thome S. quod juste , &c. teneant Thome Parker generoso & Johanni Kent Conventionem , &c. de Manerio de B. cum pertin . ac de uno Mesuagio , uno Columbari , duobus Gardinis , ducentis acris Terre , viginti acris prati , sexaginta acris Pasture , quinquaginta acris Bosci , & viginti solidat . reddit . cum pertin . in B. Et nisi , &c.

ET est Concordia talis , scilicet quod predicti Thomas & Maria & Thomas S. recogn . Maneria tenementa & reddit . predict . cum pertin . esse jus ipsius T. P. ut illa que iidem Thomas Parker & Johannes habent de dono predictorum T. M. & T. S. Et illa remis . & quiet . clam . de ipsis T. M. & T. S. & heredibus suis prefatis T. P. & J. & heredibus ipsius T. imperpetu●m Et preterea iidem T. M. & T. S. concesserunt pro se & heredibus ipsius T. quod ipsi warant . Manerium tenementa & reddit . predict . cum pertin . prefatis T. P. & J. & heredibus ipsius T. P. contra omnes homines imper petuum Et pro hac recognitione remissione quiet . clam . warantia fine & Concordia iidem T. P. & J. concesserunt eidem T. M. quandam Annuitatem sive annualem redditum decem librarum exeun . de Manerio tenementis & reddit . predictis cum pertin . Et ill . ei reddiderunt in eadem Curia habend . & percipiend . eidem Marie pro termino vite ejusdem Marie ad Festa Annunciationis beate Marie Virginis & Sancti Michaelis Archangeli per equales portiones solvend . primo tamen termino solutionis ejusdem Annuitatis sive annualis redditus incipiente ad idem Festum festorum predictorum quod prius & proxime contingerit post mortem predict . Thome M. & non antea Et si contingat predict . Annuitatem sive Annualem redditum decem librarum aretro sore in parte vel in toto post aliquod Festum festorum predictorum post mortem ejusdem Thome quibus ut prefertur solvi debeat quod tunc bene licebit prefate Marie durante vita sua in predicta Maneria & tenementa cum pertin . intrare & distringere Et districtiones sic ibid. capt . abducere , asportare , effugare & penes se retinere quousque de predicta Annuitate sive Annuali redditu una cum arreragiis ejusdem ( si que forent ) sibi plenarie satisfact . fuerint & persolut . Concesserunt etiam prefati T. P. & J. predicto Thome Man Maneria tenementa & reddit . predict . cum pertin . Et illa ei reddiderunt in eadem Curia Habend . & tenend . eidem Thome & assignatis suis à Festo Sancti Michaelis Archangeli jam ultimo preterito usque ad finem termini triginta Annorum extunc proxime sequen . & plenarie complend . Reddend . inde annuatim prefatis Thome Parker & Johanni & heredibus ipsius Thome Parker pro primis quinque Annis predictorum triginta Annorum unum granum Piperis ad Festa sei . Michaelis , &c. ( si petatur ) annuatim solvend . necnon reddendo annuatim prefatis T. P. & J. & heredibus ejusdem T. pro primis sex decim Annis tantum tunc prox . sequen . parcell . residui predictorum triginta Annorum quadraginta solid . legalis Monete Anglie ad duo Festa Sancti Michaelis Archangeli & Annunciationis beate Marie Virginis per equales portiones annuatim solvend . Et si contingat predictam annualem reddit unius grani Pipe●is aut predictum annualem reddit . quadraginta solidorum vel aliquem eorum vel aliquam inde parcellam aretro fore non solut. in parte vel in toto post aliquod Festum festorum predictorum in quo ▪ ut prefertur solvi debeant quod tunc bene licebit prefat. T. P. & J. & heredibus ejusdem T. in predict . Maneria , tenementa & reddit . cum pertin . intrare & districtiones sic ibid. capt . licite abinde abducere , effugare , asportare & penes se retinere quousque de predictis reddit . unius grani Piperis , & quadraginta solid . sic aretro existen . una cum arreragiis eorum ( si que fuerint ) plenarie fuerint satisfact . & persolut . Concesser . etiam prefat. T. P. & J. predicto T. M. Revertionem Manerii tenementorum & reddit . predict . & omnes reddit . eis superius reservat . Ac ill . ei reddiderunt in eadem Curia Habend . & tenend . eidem T. M. & heredibus suis imperpetuum Tenend . de Capital . do● . feodi illius per servicia que ad Maneria tenementa & reddit predict . pertinent imperpetuum , &c.

CAP. X. Instructions for bringing Writs of Error to Avoid Fines , wherein all the Proceedings are set forth .

The Writ directed to the Chief Justice .

REgina , &c. dilecto & fidelissimo E. A. Militi salutem Quia in Recordo & Processu ac etiam in levatione cujusdam finis in Cur. Dom. Edwardi 6. nuper Regis Angl. &c. de Banco apud Westm. de Termino S. Hillarii anno Regni sui sexto coram E. M. Mil. & Sociis s●is tunc Justic . ipsius nuper Regis de Banco pred . inter W. B. & Ja. V. quer . & Jo. L. deforc . de Manerio , &c. cum pertin . in L. in Com. E. error interven . manifestus ad grave dampnum R. W. & J. ux . ejus consanguinee & hered. Ja. V. gen . sicut ex querela sua accepimus : nos Errorem si quis fuerit modo debito corrigi & eisdem Rich. & Jane plenam & Celerem Justitiam fieri volentes in hac parte vobis mandamus , quod Recordum & processum finis pred . cum omnibus ea tangen . que in Custodia vestra existunt ut dicitur nobis sub sigill . vestro distincte & aperte mittas & hoc breve Ita quod ea habeamus in Crastino animarum ubicunque tunc fuerimus in Anglia ut inspectis Recordo & Processu prod . ulterius inde pro errore illo corrigend . fieri faciamus quod de ●ure & secundum legem & consuetudinem Regni nostri Angl. soret faciend. Teste , &c ▪

A Writ to the Custos brevium to certifie the Foot of the Fine .

REgina , &c. Dilecto suo J. L. Ar. Custodi brevium Nostr . de Banco salutem Quia in Recordo & processu ac etiam in Levatione cujusdam sinis in Cur. &c. ( ut supra ) ad grave damp . R. W. & J. ux . ejus consanguinee & hered . &c. Nos Errorem ( si quis fuerit ) &c. Vobis mandamus quod transcriptum pedis Finis pred . Cum omnibus ea tangen . que in Custodia vestra existunt ut dicitur nobis sub sigillo vestro distincte & aperte mittas & hoc breve ita quod ea habeamus in Crastino animarum ubicunque tunc fuerimus in Anglia ut inspect. transcripto pedis Finis pred . ulterius inde pro errore illo corrigend . fieri faciamus quod de jure & secundum legem & consuetudinem Regni nostri Anglie soret faciend. Teste , &c.

The Writ to the Cyrographer .

DIlecto suo T. C. Ar. Cyrographario suo de Banco salutem Quia in Recordo & processu ac etiam in Levatione cujusdam Finis in Curia , &c. Error intervenit manifestus ad grave dampnum R. W. & J. uxoris ejus consanguinee & hered . &c. sicut ex querela sua accepimus nos errorem ( si quis fuerit ) modo debito corrigi & eisdem Rich. & Jane plenam & celerem Justitiam fieri volentes in hac parte vobis mandamus quod Recordum & processum note finis pred . cum omnibus ea tangen . que in Custodia vestra existunt ut dicitur nobis sub sigillo vestro distincte & aperte mittas & hoc breve Ita quod illa habeamus in Crastino animarum ubicunque &c. Teste , &c.

Super Fine in le Common Bank .

Domina Regina mandavi● dilecto & fideli suo E. ● . Milit. brev. s●●m Clausum in hec verba , &c.

The Record certified by the Chief Justice .

REcordum & processus finis de quibus in brevi pred . fit mentio sequuntur in hec verba Respons. E. A. Militis infra nominat .

Placita apud Westm. coram E. M. Milite & Sociis suis Justic . dom. Regis de Banco de Termino S. Hillarii Anno , &c. Rot. xxj● .

Essex . ss. W. B. & J. ux . ejus dant Dom. Regi xxx . solidos pro licentia concordandi cum J. L. de placito convent . de Manerio de , &c. Respons. E. A. Mil. infra nominat .

Mandavit etiam eadem Domina Regina dilecto suo J. L. Ar. Custodi brev. suorum de Banco brev. suum Clausum in h●c verba , &c.

Transcript . pedis Finis pred . una cum omnibus Finem pred . tangen . sequitur in hec verba Respons. J. L. Custod . brevium pred .

The Foot of the Fine .

Essex . ss . PRecipe Johan . Law quod teneat W. B. & J. Conventionem , &c. de Manerio de , &c. cum pertin . in , &c. Et nisi , &c.

ET est Concordia tails , scilicet quod pred . J. L. Recogn . Manerium tenementa & Reddit . pred . cum pertin . esse jus ipsius J. V. ut illi que iidem J. V. & W. habent de dono pred . J. L. Et illi remiser . & quiet . clam . de se & hered. suis predict . J. V. & W. & hered. ipsius J. V. imperpetuum Et pro hac recogn . remissione quiet . clam . fine & Concordia iidem J. V. & W. concesser unt prefat. J. L. Manerium tenementa & Reddit . pred . cum pertin . & ill . ei reddiderunt in eadem Curia habendum & tenendum eidem J. L. & hered. suis imperpetuum de Capitalibus dominis feodi illius tenend. Et preterea iidem J. V. & W. concesserunt pro se & hered. ipsius J. V. quod ipsi Warantizabunt prefat. J. L. & hered. suis Maner . tenementa & Reditum pred . cum pertin . contra ipsos & hered . ipsius J. V. imperpetuum , &c E. M.

Hec est finalis Concordia facta in Cur. dom. Regis de Banco apud Westm. in Octabis S. Hillarii Anno , &c. coram E. M. H. B. J. H. W. C. Justic . & aliis Dom. Regis fidelibus tunc ibi presentibus inter W. B. & J. V. quer . & J. L. deforc . de Manerio , &c. cum pertin . in L. &c. Unde placitum Conventionis sum . fuit inter eos in eadem Curia Scil. quod predict . Jo. L. recogn . Manerium Tenementa & Reddit . predict . cum pertin . esse jus ipsius J. V. ut illa que iidem Johannes & Willielmus , &c. Et pro hac , &c. Et illa ei reddiderunt in eadem Curia Habend . & tenend. eidem J. L. & hered. suis de Capitalibus dominis feodi illius per servicia que ad predictum Manerium & tenementa , &c. pertinent . imperpetuum Et predicti J. V. & W. concesserunt pro se & heredibus ipsius Johannis quod ipsi Warrant predicto J. L. & hered. suis predict . Manerium & tenementa cum pertin . contra predictos J. V. & W. & hered. ipsius Johannis imperpetuum .

The Proclamations .

Essex ss. SEcundum formam Statuti prima Proclafacta fuit sexto die Febr. Termino Sancti Hillarii Anno septimo Regis infra script .

Secunda Proclamatio facta fuit octavo die Febr. eodem Termino .

Tertia Proclamatio fact . fuit decimo die Febr. edem Termino .

Quarta Proclamatio fact . fuit decimo quarto die Febr. eodem Termino .

Quinta Proclamatio fact . fuit sexto die Maii Termino Pasche Anno septimo Regis infra script .

Sexta Proclam . facta fuit nono die Maii eodem Termino .

Septima Proclam . facta fuit duodecimo die Maii eodem Termino .

Octava Proclam . facta fuit decimo quinto die Maii eodem Termino .

Nona Proclam . facta fuit decimo quarto die Junii Termino S. Trin. An. septimo Regis infrascript .

Decima Proclam . facta fuit decimo sexto die Junii eodem Termino .

Undecima Proclam . facta fuit decimo nono die Junii eodem Termino .

Duodecima Proclam . facta fuit vicesimo primo die Junii eodem Termino .

Decima tertia Proclam . fact . fuit vicesimo tertio die Novembris Termino S. Michaelis Anno primo Marie Regine , &c.

Decima quarta Proclam . facta fuit vicesimo tertio die Novembris eodem Termino .

Decima quinta Proclam . facta fuit vicesimo quinto die Novembris eodem Termino .

Decima sexta Proclam . facta fuit vicesimo octavo die Novembris eodem Termino .

The Return of the Writ to the Cyrographer and Note of the Fine .

MAndavit insuper eadem Dom. Regina dilecto sibi T. C. Cyrographario suo de Banco breve suum Clau sum in hec verba , &c. ( breve , ut supra ) Transcript . Note Finis pred . & brevis de conventione cum omnibus ea Tangen . sequuntur in hec verba inter W. B. & J. V. quer . & J. L. deforc . de Manerio , &c. unde placitum Conventionis sum . fuit inter eos scilicet quod pred . J. L. recogn . pred . Manerium & Tenementa , &c. esse jus &c. ( ut supra ) Et pred . J. V. & W. concesserunt pro se & hered. ipsius J. quod ipsi Warrant . &c. ( ut supra ) contra predict . J. V. & W. & hered. ipsius J. imperpetuum . de Octabis S. Hill . Anno Regni , &c.

The Writ of Covenant .

REX , &c. Vic. E. salutem Precipe J. L. quod juste & sine dilatione teneat W. B. & J. ux . ejus conv . inter eos factam de Manerio , &c. Et nisi fecerit & pred . W. & J. ux . fece●int se secur . de clamore suo prosequend . tunc . sum . per bon. sum . predict . J. Law quod sit coram Justic . nostris apud Westm. in Octabis S. Hillarii ostens . quare non fecerit Et habeas ibi sum . & hoc brev. T. &c. pro viginti solid . solut. in Hannapario pleg . de pros . Johannes D●vn & Richardus Fenn per H. 6. Edw. 6. Rot. 21. Sol. xx . solid . T. C. T. P. Miles Vic. Tho. Crompton . Cyrographari●s .

Errors Assigned .

POstea scilicet die Martis prox . post Octabas Purificationis beate Marie isto eodem Termino coram Domina Regina apud Westm. Ven. pred . J. W. & Jana ux . ejus per M. D. Attorn. sum . Et dicunt quod ante levationem finis predict . scil. ( tali die & Anno ) quidam Johannes Vawdy in fine predicto nominat . fuit seisitus in dominico suo ut de feodo de & in Manerio & tenementis predict . cum pertin . in fine predicto ●entionat . quousque W. B. & Johan . V. in fine predicto nominat . predicto ( tali die & Anno ) supradict. in tenementa predict . cum pertin . in fine predict . mentionat . intraverunt & ipsum Johan . Vawdy inde disseisiverunt & pred . tempore levationis finis pred . ●● tempore concessionis & recordationis ejusdem fuerunt seisiti de Manerio & Tenementis predict . cum pertin . in eodem fine mentionat . per dis●eisinam .

Et ulterius iidem Richard . & Joan. dicunt quod in Recordo & processu pred . ace●iam in levatione finis pred . manifeste est Erratum .

An Error Assigned that one Proclamation was made after the Term.

PRo eo videlicet quod ubi juxta legem & consuetudinem Reg. Dom. Regine nunc Anglie super quendam finem in Curia dict. dom. Regine coram Justic . dicte domine Regine apud Westm. levat . & Recordat . essent sexdecim Proclam . infra unum annum tunc prox . sequen . post recordationem finis illius . Et quod quelibet earundem Proclam . fienda & Proclam . essent in dicta Cur. dict. Dom. Regis coram Justic . ipsius Dom. Regis apud Westm. in plena & aperta Cur. infra Terminum ibidem diversis & separalibus diebus Judicibus infra Terminos illos in quibus eedem Proclamationes essent facte & habite Et ubi per Recordum predictum apparet quod pred . quarta Proclamatio facta fuit coram Justic . dict. Dom. Regis apud Westm. pred . tertio decimo die Februarii pred . Termino S. Hillarii predicto Termino S. Hillarii Annis , &c. in hoc videlicet quod tertius decimus dies Febr. ejusdem Terminii S. Hillarii non fuit dies Juridicus infrapred . Terminum S. Hillarii sed proximus dies post finem Termini illius . Et pro eo quod eadem Proclam facta fuit sine die manifeste est Erratum .

Another Error that one Proclamation was made upon a Sunday .

ETiam in Recordo & processu predictis Ac etiam in levatione finis predicti Manifeste est Erratum pro eo videlicet quod ubi per Recordum predictum apparet quod Octava Proclam . fact . fuit predict . decimo quinto dic Maii● in dicto Termino Pasche Anno , &c. supradicto in hoc videlicet quod idem 15 dies Maii Anno septimo supradicto fuit dies Dominicus & non dies Juridicus ejusdem Termini Pasche quo quidem die aliqua Proclam . per legem terre fieri non debet superius constat de Recordo .

Another Error Assigned for that two Proclamations were made in one day .

ET ulterius in Recordo & processu predictis ac etiam in levatione finis pred . manifeste , &c. similis Error pro undecima Proclam . Denique in Recordo & processu predictis ac etiam in levatione finis pred . manifeste est Erratum Pro eo videlicet quod ubi per recordum predictum apparet quod predicte 13. & 14 Proclam . fact . fuer . pred . 23. die Novem. in predict . Termino S. Mi●haelis Anno , &c. supradicto in hoc videlicet quod eedem 13. & 14 Proclam . fact . fuerunt in Cur. pred . eodem 23. die Novem. quo die eedem Proclam . per legem & terre fieri non deberent pro●t supe●ius scilicet constat de recordo , &c.

The Plaintiff suggests the Cognizor is dead and pray's a Scire facias against his heir .

ET super hoc iidem Richardus & Jana dicunt quod pred . Johannes Law in fine pred . nominat . mortuus est quodque Elizabetha Law est filia & heres predict . Johannis Law cui stat. in feodo simplici de & in Manerio & Tenementis predictis cum pertin . per finem pred . concessus fuit . Quodque eadem Elizabetha est modo uxor Alex. Page Et pet. brev. domini Regis ad premuniend . predictos Alex. & Eliz. essendi coram domino Rege auditur . Record . & processum predict . & ei conceditur , &c. Ideo precept . est Vic. Essex . quod per probos , &c. scire fac . pred . Alex. & Eliz. quod sint coram domino Rege apud Westm. A die Pasche in quindecim dies ubicunque , &c. auditur . Recordum & processum pred . si , &c. Et ulterius , &c. Idem dies dat . est prefat. Richardo & Jane ibidem , &c. Ad quem diem coram domino Rege apud Westm. ven. pred . Richardus & Jana per Attorn. suos pred . Et Vic. videlicet A. B. modo mand . quod ipse virtute brevis predict . sibi inde direct . scire fecit prefat. Alex. & Elizabethe essendi coram dict. domino Rege apud Westm. ad diem & locum predict . prout sibi per brev. pred . precept fuit per M. R. & J. D. probos , &c. qui quidem Alex. & Elizabeth sic premuniti & quarto die placiti solempnit . exact . per J. B. Attorn. suum similiter ven. super quo pred . Richardus & Jana ut prius dicunt quod in Recordo & processu pred . acetiam in levatione finis predict . manifeste est Errat . allegando Errores predict . per ipsos in forma pred . allegat . Et pet. quod finis pred . ob errores illos & alios in Recordo & processu predict . compertos revocetur adnulletur & penitus pro nullo habeatur . Et quod ipsi ad omnia que ipsi occasione finis pred . amiser . restituantur , &c. H. 26 Eliz. Rot. 93. in Banco Regis .

CAP. XI . The Charges of a Fine acknowledged either before the Lord Chief Justice at the Bar , or before a Judge of Assize or Commissioners in the Countrey by Dedimus Potestatem .

Sect. I. TheChargesofaFineacknowledgedbeforetheLordChiefJusticeareasfollow: s. d. DRawing the Precipe and Concord 0 3 4 Acknowledging thereof before the Chief Iustice 0 11 8 Writ of Covenant 0 3 0 Imposition upon the Writ of Covenant 0 0 6 For the Kings Fine according to the value of the Land . Imposition thereupon accordingly . The several Fees at the Alienation Office 0 2 4 Warant of Attorney , making and filing 0 0 4 Paid at the Inrollment Office 0 2 0 To the Custos Brevi●m 0 3 8 To the Kings Silver-Office in Term time 0 0 10 If out of the Term 4d . more , if taken before the Chief Iustice ; but if by Dedimus you pay 0 1 8 To the Chirographer in Term time and 6d . more after . 0 5 8 For the Indentures to the Chirographers Clerks for the first warranty 0 3 6 For every Warranty afterwards 0 0 6 Attorneys Fee 0 6 8

Sect. II. TheChargesofaFineacknowledgedattheBar. l. s. d. TO a Sergeant at Bar 0 3 4 To the second Prothonotary , or his Clerk in Court , for Recording the Fine 0 1 4 Fees paid in Court to the Box , and Officers 0 0 6

In all things else the Fees are the same of a Fine acknowledged at Bar , as if it had been taken before the Lord Chief Justice ▪

Sect. III. TheChargesofaFineacknowledgedbeforeCommissionersintheCountrybyspecial Dedimus potestatem . TO the Cursitor for the Dedimus with Imposition 1 4 8 To a Iudge for his ( hand or ) Allocatur , in case a Knight be not present at the Caption 0 4 0 But when a Knight is present you need not a Iudges hand .

The rest of the Fees are the same in this Case , as when acknowledged before the Lord Chief Justice .

Sect. IV. TheChargesofaFinetakenbeforeaJudgeofAssize. s. d. IN this case the Charges are the same , as when acknowledged before the Lord Chief Iustice , the Fee for the Caption being also 0 11 8 Onely you pay to the Cursitor for a Dedimus potestatem 0 9 6

The rest of the Fees are as Sect. the first .

ARCANA CLERICALIA : OR A Treatise OF Common Recoveries UPON WRITS of ENTRY IN le Post ; WITH Notes and Observations thereupon , AND A TABLE of Fees .

Printed Anno Dom. 1673.

Arcana Clericalia : OR A Treatise OF Common Recoveries UPON Writs of Entry In le Post .

A Common Recovery defined .

A Common Recovery is onely fictio Juris , or a Conveyance by consent used for the better assuring of Lands and Tenements upon any man , wherein the Recovery in value , the supposed Recompence for him which loseth his land , is but a fiction in Law . And this Recovery by assent is now by custome become a Common Assurance and Conveyance , upon which Vses may be limitted and raised . Coke 1 part . Sir William Pelhams Case 14. But there is a great difference between a Recovery by assent , and a Recovery without assent of the Parties . Vide 14. El. Cap. 8.

The former definition explained .

IF any person have a desire to render himself capable of disposing of Lands or Tenements which are intayled upon him , and would be enabled to sell , give , or bequeath them as he pleaseth , the course is to procure some friend to bring a Writ against him for this Land ; or in case where he doth sell the Land , perhaps he that buyeth it , or is to have it setled upon him , shall bring the Writ against him that is to make the Assurance of the Land , if it be with a single Voucher . And in this case the Demandant ( being Plaintiff in this Action ) doth suppose that the Tenant ( or he against whom the Writ is brought ) hath no right to the Land , but that he onely ( viz. the Demandant ) hath right thereunto , and that the Tenant came to the Land wrongfully by means of one Hugh Hunt a stranger therein named . And to this Writ the Tenant doth appear either by Attorney or in person , and then doth enter into defence of the Land : but in Pleading doth vouch to warant such a man , from whom , or his Ancestors , the Lands in question are supposed to come to him or his Ancestors , the Ancestor of which third person obliging himself and his heirs by Conveyance , to warant and make good the Title to him or them to whom it was Conveyed : and thereupon he prayeth that this Vouchee ( or third person ) may be called into Court to defend this Title , whereupon being called he doth appear , and seem to defend the Title , denying that the Tenant came to the land wrongfully by means of the aforesaid Hugh Hunt , upon which he takes Issue , or put himself upon the Country , whereupon the Demandant prayeth a further day to imparle or confer about the matter , which being granted unto him by the Court , at the day appointed the Vouchee , or third person aforesaid , by Agreement and consent of the Parties comes no more into Court , but makes default , whereby judgment is given and awarded by the Court to the Demandant that he shall recover against the Tenant the Lands in question , and that the Tenant shall recover over so much Land of the third person as is sufficient to recompence him for the Land recovered from him , which the said third person , or Common Vouchee , ought to have waranted and defended but suffered to be lost . And this is a Recovery in value or pro Rata . But if the Recovery be with a double Voucher , or treble Voucher , then the third person upon his appearance is to call or vouch to warant a fourth person ( who must be the Common Vouchee ) and to alleadge in the same manner as the Tenant doth , and pray that such fourth person may come in , who thereupon must appear , and make default in such manner as before is mentioned of the third person in the Recovery with single Voucher . And so if there be more Vouchers . And then there must be several Recoveries over in value against every one of them . But he that is last vouched or called to waranty is alwaies Common Vouchee , who is usually Bag-bearer to the Custos Brevium of the Court of Common Pleas , and hath not any Land to render in value upon the supposed warranty . And by this means grounded upon the strict Principles of Law the first Tenant doth willingly let go the land for the assurance of the Purchasor , and yet in truth hath no recompence over because the Vouchee hath no Land to render in value .

Of what a Writ of Entry may be had , and by what Names .

A Precipe quod Reddat lyeth de Castro , Manerio , Mesuagio , Tofto , Molendino , Columbari , Gardino , de Terra , Prato , Pastura , de Bosco , de Jampnis & Bruera , de Mora , de Juncariis , de Marisco salso & frisco , de libera Piscaria in Aqua de E. de redditu , de communia Pasture pro omnibus averiis , de communia Estoveriorum , de Pannagio pro Porcis , de Visu Francii Plegii , de Rectoria de L. cum pertin . de quibusdam portionibus decimarum provenien . crescen . seu renovan . in K. de Advocatione Ecclesie de W. de Advocatione Vicarie Ecclesie de S.

It lyeth also , de Terra Aqua cooperta , de passagio ultra Aquam , de Balliva , de Officio , de quarta parte decimarum , de omnibus & omnimodis decimis , Majoribus , mixtis & minutis infra Villam sive Hamlett . de B. infra Parochiam de A. quoquomodo crescen . contingen . ac annuatim renovan . &c. de Tofto & situ Molendini , de Hundredo de C. & de Ballivato de B. de Pastura ad sex Boves , de roda Terre , de medietate unius rode Terre , de Shopa , de Wharfa , de Keia .

Of what things a Writ of Entry lyeth not .

IT is said in the Practical Counsellor , fo. 196. that a Writ of Entry may not be de Piscaria , Estoveriis , de Gardino ; and in the Compleat Sollicitor printed this present year 1672 , fo. 62. that a Precipe quod Reddat . lyeth not de Piscaria de Estoveriis , nec de communia Pasture , nor of a Garden . And so it is said in the Attorneys Guide , fo. 129 All which you will find to be otherwise by the Precedents of Recoveries in this Treatise . And certainly it is a very great mistake for any person that treats publickly of Recoveries , to say that a Writ of Entry lyeth not of a Garden , the opinion being so directly contrary to the Rule of the Register , by which it evidently appears that the word Gardinum is alwaies used in real Actions , as Writs of Entry in le per cui & post de placito Terre , either for a Garden , or Orchard , as you will find by the ensuing Precedent .

Et predictus M. per A. L. Attorn. suum ven. & petir indicium de brevi predicto , Qua dicit quod breve illud viciosum est in se & non impetrat . versus eundem M. secundum cursum Registri seu secundum formam & naturam brevis domine Regine de ingressu super disseisinam in le per seu alicujus al. brevis domine Regine de placito Terre , quia in eodem brevi apparet quod predictus J. ( inter alia ) petit versus ipsum M. unum Pomarium modo & forma sequen . videlicet Precipe M. T. Ar. quod juste , &c. reddat J. D. unum Mesuagium , unum Gardinum , unum Pomarium , &c. cum pertin . ( inter alia ) in G , &c. ubi secundum cursum & formam Registri hoc verbum Pomarium in aliquo brevi de placito Terre secundum naturam ejusdem brevis nunquam ponitur , quia hoc verbum Gardinum secundum cursum & formam Registri semper comprehendit in se Pomarium , undo ex quo , &c. New Book of Entries , intituled Formule bene placitandi , Title Abatement .

A Writ of Entry therefore cannot be brought de Pomario for the Reasons above : nec de Fossato , Stagno , nec de Advocatione , decimarum unius Curucat . Terre , nec de Homagio & fidelitat . nec de serviciis faciendis . nec de bovat . Marisci , nec de Selione terre for the incertainty , because a Selion , which is a land , containeth sometimes an acre , sometime half an acre , sometimes more , and sometimes less ; it cannot be had of a Croft , nor of a yard land virgata Terre , nec de Fodina , de Minera , nec de Mercatu , for they lye not in demesne but gain , nec de superiori camera , 3 H. 6. fo. 1.

A Writ of Entry ought not to contain the same thing twice , as a Mesuage and an House parcel of the same Mesuage . 3 Ed. 4. fo. 28. 46 Ed. 3. fo. 26. nor to name a Town , and a Hamlet within the same Town , 22 Ed. 3. fo. 11. 41 Ed. 3. fo. 22. but the Practice is otherwise at this day .

Of Common Recoveries upon Writs of Entry in le Post . Their Forms , &c.

ss. Midd. ss. PRecipe Roberto Bellingham generoso A Precipe to be entred upon the Remembrance . Single Voucher . & Cornelio Bellingham generoso quod j●ste , &c. reddant Alexandro Houghton generoso , decem Mesuagia , decem Tofta , unum Columbare , decem Gardina , Centum acras Terre , quadraginta acras Prati , & septuaginta acras Pasture cum pertin . in A. C. L. N. & B. que clam . &c.

Write thus in the Margin . ss. Tenentes in propriis personis voc. ad War . Edmundum Clent .

ss. Kanc. ss. PRecipe Jacobo Hart generoso , quod The like . Double Voucher . juste , &c. reddat Isaaco Burdet generoso , unum Mesuagium , tres acras Terre , tres acras Prati , & viginti acras Pasture cum pertin . in Deptford , alias Detford , alias West Greenwich , que clam , &c.

ss. Tenens in propria persona vocat ad War , Humfridum Mumford generosum qui presens vocat Edmundum Clent . Ad. Barram .

ss. North't . ss PRecipe Obadie Kentiso Juniori generoso The like . Treble Voucher . Whereby you may understand how to place the parcels according to the Method used in the Register . & Michaeli Aldridge generoso quod juste , &c. reddant Josepho Allen Armigero Manerio de S. K. E. & D. cum pertin . ac quadraginta Mesuagia , viginti & quatuor Tofta , sexdecim Molendina , viginti Columbaria , quadraginta Gardina , duas Mille acras Terre , tres Mille acras Prati , quatuor Mille acras Pasture , tres Mille acras Bosci , decem Mille acras Jampnorum & Bruere , quinque Mille acras More , duas Mille acras Marisci salsi , Mille acras Marisci frisci , & quatuor librat . reddit . ac reddit duarum librarum & dimid. unius libre Piperis & unius grani Piperis cum pertinentiis in R. L. G. S. G. J. H. & E. Necnon Advocationem Ecclesie de K. que clam . &c.

ss. Tenentes in propriis personis vocant ad War . Johannem Grantham Sen. generosum qui presens in propria persona vocat . ad War . Galfridum Weston generosum qui similiter presens in propria persona vocat . Edmundum Clent .

ss. Mes. ●●gium , Toft . nm , Mol. endinum , Col. nmbare , Gar. dinum , Terr . ● . Nota. If you place your parcels in Precipes according to these Verses you will never erre . The Exemplification of a Recovery with double Voucher , where the Parties appear in person at Bar.

Pra. tum , Pas . tura , Bos . cus , Brue . ra , Mora.

Junca . ri● . Maris . cus , Alne . tum , Pis . caria , Red. ditus , Sectare priora .

ss. CArolus Dei gratia Anglie , Seotie , Franc●e & Hibernie Rex , fidei defensor , &c. Omnibus ad quos presentes litere nostre pervenerint salutem . Sciatis quod inter Placita terre irrotulata apud Westm. coram Thoma Richardson Milite & Sociis suis Justic● postris de Banco de Termino S. Michaelis Anno Regni nostri tertio Rotulo vices●mo continetur Sic Hertf. ss. C. R. gen . & J. R. gen . in propriis personis suis petunt versus G. C. gen . unum Mesuagium , &c. And so set forth the whole Recovery verbatim according to the Precedent next following of a Recovery with single Voucher unto the end of these words . Prout per breve illud sibi preceptum fuit , &c. And then conclude it thus : Que omnia & singula ad requisitionem predict . A. tenore presentium duximus exemplificand . In cajus rei Testimonium Sigillum nostrum ad Brevia in Banco predicto sigilland . Deputat . prefentibus apponi fecimus Teste Thoma Richardson apud Westm. vicesimo octavo die Novembris Anno Regni nostri tertio .

You must Teste your Exemplification after the Nota. return of the Writ of Seisin ; But if there be not fifteen daies between the return of the Writ of Entry or the Writ of Summons , and the End of the Term , Then must the Writ of Seisin be returnable Indilate ; And the Exemplification must bear Teste the last day of the Term , in which the Writ of Entry or Summons came in .

Observanda .

In every Recovery four things are principally to be regarded , viz.

First , The Demandant who is Plaintiff in the Writ of Entry , and may be called the Recoverer .

Secondly , The Tenant of the Land who is Defendant to the Writ of Entry , and in regard the Land is recovered against him , he may not improperly be termed the Rocoveree .

Thirdly , The Vouchee being that person who is vouched by the Tenant , or he whom the Tenant calleth to warranty for the Lands demanded in the Count.

Lastly , The Land it self which is to be recovered , being the subject matter of a Recovery , which you must be very careful and exact to place Regularly according to the course used by the Curs●tors , and the directions above given .

In a Recovery with double Voucher , you must either by a Fine sur Cognizance de droit come ceo , &c. or by a Deed of Feoffment , or Bargain and Sale inrolled , or Lease and Release make him ( you intend to be ) Tenant at the time of the Writ of Entry brought : For every Writ of Entry must alwaies be brought against him that must be a perfect Tenant of the Freehold of the Land demanded at the return of the Writ : Because the Estate of the Tenant in Tayl ( which is the Vouchee ) is barred in respect of the Asse●z onely which are or may be recovered in value , and of Execution sued by the Tenant against him .

If Tenant to a Recovery have but an Estate for life , or be Tenant in Dower or by the Courtesse of England , it is requisite for the strengthning of his Recovery that he make a Conditional * * The form of which Surrender see at the end of this Treatise . Surrender of his Estate to him in the Reversion or Remainder , to the end he may be a present Tenant of the Inheritance , and then to bring the Writ of Entry against him , and after that the Recovery is executed , the particular Tenant for breach of the Condition may enter and enjoy his term notwithstanding such Surrender .

ss. Hertf. ss. C. R. generosus & J. R. generosus in A Recovery with single Voucher . propriis personis suis petunt versus G. C. generosum unum Mesuagium , unum Toftum , unum Molendinum , unum Gardinum , triginta acras Terre , viginti acras Prati , ●uadraginta acras Pasture , & Centum acras Bosci cum ●ertin . in H. ut jus & hereditatem suam , & in que id●● Galfridus non habet ingressum nisi post disseisi●●m quam Hugo Hunt inde injuste & sine judicio fecit ●esatis Carolo & Johanni infra triginta Annos , &c. Et unde dicunt quod ipsimet fuerunt seisiti de te●mentis predictis cum pertin . in dominico suo u● de feodo & jure tempore pacis tempore domini Regis nunc capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde producunt sectam , &c.

Et predictus Galfrid . in propria persona ▪ sua venit defendit jus suum quando , &c. Et voca● inde ad warantizand . Edmundum Cl●nt qui presens est hic in Curia in propria persona sua , Et gratis tenementa predicta cum pertin . ei War . &c. Et super hoc predicti Carolus & Johannes petunt versus ipsum Edmundum tenentem per warant . suam tenementa predicta cum pertin . in forma predicta , &c. Et unde dicunt quod ipsimet fuerunt seisiti in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc capiend . inde explesias ad valentiam , &c. Et in que , &c. Et inde producunt sectam , &c.

Et predictus Edmundus tenens per Warantiam suam defend it jus suum quando , &c. Et dicit quod predictus Hugo non disseisivit prefatum Carolum & Johannem de tenementis predictis cum pertin . prout iidem Carolus & Johannes per breve & narrationem sua predicta superius supponunt , Et de hoc ponunt se super Patriam , &c. Et predicti Carolus & Johannes petunt licentiam inde interloquendi , Et habent , &c. Et postea iidem Carolus & Johannes reven . hic in Curia isto eodem Termino in propriis personis suis Et predictus Edmundus licet solempniter exactus non reven . set in contemptum Curie recessit , & defaltum ●ecit , Ideo consideratum est quod predicti Carolus & Johannes recuperent seisinam suam versus prefatum G. de tenementis predictis cum pertinentiis , Et quod idem G. habeat de terr ▪ predicti Edmundi ad valentiam , &c. Et ide● Edmundus in misericordia , &c. Et super hoc i●●em Carolus & Johannes petunt breve domini ●egis Vic. Com. predicti dirigend . de habere f●●end . eis plenariam seisinam de Tenementis redictis cum pertin . Et eis conceditur retorn ●ile hic à die Sancti Michaelis in unum Mense● , &c. Ad quem diem hic ven. predict . C. & J. in ●ropriis personis suis , Et Vic. videlicet G. H. Bar modo mand . quod ipse virtute brevis predict . sibi direct . 26. die Nov. Ult. preterit . habere fec . prefat. C. & J. plenar . seisinam de tenementis predictis cum pertin . prout per breve illud sibi preceptum fuit , &c.

Observanda .

Although this is called a Recovery with single What a Recovery with single Voucher is . Voucher , yet you will find two Recoveries included therein , The first by the Demandant against the Tenant which in the form next above is thus , Ideo consideratum est quod predicti Carolus & Johannes ( which are the Demandants ) recuperent seisinam suam versus prefatum Galfridum ( the Tenant ) de tenementis predictis cum pertin . And the second Recovery is by the Tenant against the Common Vouchee , in these words in the precedent next above , Et quod idem Galfridus habeat de terra predicti Edmundi ( the Common Vouchee ) ad valentiam , &c.

The intent of a Common Recovery with single What is intended by a Recovery with single Voucher . Voucher is to bar the Tenant and his Heirs of such onely Estate-tayl which then is in him , to destroy the Estates which others have of any Reversion expectant , or Remainder dependant upon the same , and of all Leases and Incumbrances derived out of such Reversions or Remainders .

ss. Hanc . ss. ISaacus Burdet generosus in propria A Recovery with double Voucher . persona sua petit versus Jacobum Hart generosum , unum Mesoagium , tres acras Terre , tres acras Prati , & viginti acras Pasture cum pertinentiis in Deptford alias Detford , alias West Greenwich ut jus & hereditatem suam Et in que idem Jacobus non habet ingressum nisi post disseisinam quam Hugo Hunt inde injuste & sine Judicio fecit prefato Isaaco infra triginta Annos , &c. Et unde dicit quod ipsemet fuit seisitus de tenementis predict . cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predict . Jacobus tenens per War . suam defendit jus suum quando , &c. Et vocat inde ad war. Humfridum Mumford qui presens esthic in Curia in propria persona sua , Et gratis tenementa predicta cum pertin . ei war . &c. Et super hoc predictus Isaacus petit versus ipsum Humfridum Tenen . per war. suam tenementa predicta cum pertinentiis in forma predicta , &c. Et unde dicit quod ipsemet fuit seisitus de tenementis predictis com pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc capiendo inde exples . ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predictus Humfridus tenens per warantiam suam defendit jus suum quando , &c. Et ulterius vocat inde ad warantizand . Edmundum Clent qui similiter presens est hic in Curia in propr . persona sua & gratis tenementa predicta cum pertin . ei war . &c. Et super hoc predictus Isiacus petit versus ipsum Edmundum tenentem per warantiam suam tenementa predicta cum pertinentiis in forma predicta , &c. Et unde dicit quod ipsemet fuit seisitus de tenementis predict is cum pertinentiis in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc capiendo inde exples . ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predictus Edmundus tenens per warantiam suam defendit jus suum quando , &c. Et dicit quod predictus Hugo non disseisivit prefatum Isaacum de tenementis predictis cum pertinentiis prout idem Isaacus per breve & narrationem sua predicta superius supponit Et de hoc ponit se super patriam , &c. Et predictus Isaacus petit licentiam inde interloquendi Et habet , &c.

Et postea idem Isaacus revenit hic in Curia isto eodem Termino in pro pria persona sua , Et predict . Edmundus licet solempniter exactus non revenit set in contemptum Curie recessit , & defaltum facit ; Ideo consideratum est quod predictus Isaacus recupe●et seisinam suam versus prefatum Jacobum de tenementis predictis cum pertinentiis , Et quod idem Jacobus habeat de terra predicti Humfridi ad valentiam , &c. Et quod idem Humfridus ulterius habeat de terra predicti Edmundi ad valentiam , &c. Et idem Edm. in misericordia , &c. Et super hoc predictus Isaacus petit breve domini Regis Vic. Com. pred . dirigend . de habere faciend. ei plenariam seisinam de tenementis predictis cum pertinentiis , & ei conceditur retornabile hic a die Sancti Martini in quindecim dies , &c. Ad quem diem hic venit predictus Isaacus in propria persona sua Et vicecomes videlicet A. S. Armiger modo mandat quod ipse virtute brevis illius sibi directi vicesimo quarto die Novembris ultimo preterito habere fecit prefato Isaaco plenariam seisinam de tenementis pre ▪ dictis cum pertinentiis prout per breve illud sibi preceptum fuit , &c.

Observanda .

In a double Voucher , three Recoveries are mentioned , What is meant by a Recovery with double Voucher . that is to say , one where the Demandant hath judgment to recover the land against the Tenant , another where the Tenant hath likewise Iudgment to recover in value against the Voucher , and lastly , where the first Voucher hath also the like Iudgment to recover in value against the ( second or common ) Vouchee .

Now the intent and scope of a Common Recovery The intent and scope of a Recovery with double Voucher . with double Voucher is to bar the first Voucher and his Heirs of every such Estate as at any time was in the same Voucher , or any of his Ancestors whose Heir he is of such Estate , and all other persons of such right to a Reversion or Remainder as was thereupon at any time expectant or dependant , and of all Leases , Charges , and Incumbrances derived out of any such Revertion , or Remainder , and that will be also a perpetual bar of such Estate , whereof the Tenant was then seized in Reversion or Remainder , expectant or dependant upon the same .

ss. Essex . ss. JOsephus Allen Armiger in propria persona A Recovery with treble Voucher . sua petit versus Obadiam Kentish Juniorem generosum & Michaelem Aldridge generosum Maneria de S. K. E. & D. cum pertinentiis ac quadraginta Mesuagia viginti & quatuor Tofta sexdecim Molendina , viginti Collumbaria , quadraginta Gardina , duas Mille acras Terre , tres Mille acras Prati , quatuor Mille acras Pasture , tres Mille acras Bosci , decem Mille acras Jampnorum & Bruere , quinque Mille acras More , duas Mille acras Marisci salsi , Mille acras Mari●ci frisci , & quatuor librat . reddit . ac reddit . duarum librarum & dimidii unius libre Piperis , & unius grani Piperis cum pertinentiis in R. L. T. S. G. J. H. & E. Necnon Advocationem Ecclesiae parochialis de K. ut jus & hereditatem suam Et in que iidem Obadias & Michael non habent ingressum nisi post disseisinam quam Hugo Hunt inde injuste & sine judicio fecit prefato Josepho infra triginta annos , &c. Et unde dicit quod ipsemet fuit seisitus de Maneriis tenementis & reddit . predict . cum pertinentiis in dominico suo ut de feodo & jure Ac de Advocatione predicta ut de feodo & jure tempore pacis tempore domini Regis nunc capiendo inde explesias ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predicti Obadias & Michael in propriis personis suis venerunt & defend . jus suum quando , &c. Et voc●nt inde ad warantizand . Johannem Grantham Seniorem generosum qui presens est hic in Curia in propria per sona sua , Et gratis Maneria tenementa & reddit . predict . cum pertin . ac Advocationem predictam ei war . &c. Et super hoc predictus Josephus petit versus ipsum Johannem tenentem per war. suam Maneria tenementa & reddit . predict . cum pertin . ac Advocationem predictam in forma predicta , &c. Et unde dicit quod ipsemet fuit seisitus de Maneriis tenementis & Reddit . predictis cum pertin . in dominico suo ut de feodo & jure , Ac de Advocatione predicta ut de feodo & jure tempore pacis tempore domini Regis nunc capiendo inde explesias ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predictus Johannes tenens per war. suam defendit jus suum quando , &c. Et ulterius vocat inde ad war. Galfridum Weston generosum qui presens est hic in Curia in propria persona sua , Et gratis Maneria Tenementa & reddit . predict . cum pertin . ac Advocationem predictam ei war . &c. Et super hoc predictus Josephus petit versus ipsum Galfridum tenentem per war. suam Maneria tenementa & reddit . predict . cum pertinentiis ac Advocationem predictam in forma praedicta , &c. Et unde dicit quod ipsemet fuit seisitus de Maneriis tenementis & reddit . predictis cum pertinentiis in dominico suo ut de feodo & jure ac de Advocatione predicta ut de feodo & jure tempore pacis tempore domini Regis nunc capiendo inde exples . ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predictus Galfridus tenens per war. suam defendit jus suum quando , &c. Et ulterius vocat inde ad war. Edmundum Clent qui similiter presens est hic in Curia in propria persona sua , Et gratis Maneria tenementa & reddit . predicta cum pertin . ac Advocationem predictam ei war . &c. Et super hoc predictus Josephus petit versus ipsum Edmundum tenentem per war. suam Maneria tenementa & reddit . predicta cum pertin . ac Advocationem predictam in forma predicta , &c. Et unde dicit quod ipsemet fuit seisitus de Maneriis tenementis & reddit . predictis cum pertinentiis in dominico suo u● de feodo & jure ac de Advocatione predicta ut de seodo & jure tempore pacis tempore domini Regis nunc capiendo inde exples . ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predictus Edmundus tenens per war. suam defendit jus suum quando , &c. Et dicit quod predictus Hugo non disseisivit prefat. Josephum de tenementis predictis cum pertinentiis prout idem Josephus per breve & narrationem sua predicta superius supponit Et de hoc ponit se super Patriam , &c.

Et predictus Josephus petit Licentiam inde interloquendi Et haber , &c. Et postea idem Josephus revenit hic in Curia isto eodem Termino in propria persona sua , Et predictus Edmundus licet solempniter exactus non revenit set in contemptum Curie recessit & defaltum facit , Ideo consideratum est quod predictus Josephus recuperet seisinam suam versus prefatos Obadiam & Michaelem de Maneriis tenementis & reddit . predictis cum pertin . ac de Advocatione predicta , Et quod iidem Obadias & Michael habeant de terra predicti Johannis ad valentiam , &c. Et quod idem Johannes ulterius habeat de terra predicti Galfridi ad valentiam , &c. Et quod idem Galfridus ulterius habeat de terra predicti Edmundi ad valentiam , &c. Et idem Edmundus in misericordia , &c. Et super hoc predictus Josephus petit breve domini Regis Vicecomit● Comitatus predicti dirigend . de habere faciend. ei plenariam seis●nam de Maneriis tenementis & Nota. reddit . predict . cum pertin . Et ei conceditur * * Seisin awarded retornable indilate . The Demandant comes into C●urt the last day of the Term , and the Sheriff retorns that Seisin was delivered three daies before . retornabile hic indilate , &c. Postea scilicet duodecimo die Februarii isto eodem Termino ven. hic in Curia predictus Josephus in propria persona sua Et Vic. videlicet Andreas Eateman Miles Balnei modo mand . quod ipse virtu●e brevis illius sibi directi nono die Februarii ult. preterito habere fecit prefato Josepho plenariam seisinam de tenementis predictis cum pertinentiis prout per breve illud sibi preceptum fuit , &c.

The Writ of Seisin must be retornable at the least fifteen daies after the retorn of the Writ of Entry , but if the Writ of Entry be retornable towards the latter end of the Term , so that there be not fifteen daies between the retorn of the Writ of Entry and the end of the Term , then the Writ of Seisin must be retornable ( Indilate ) as in the Entry next before , And the Writ of Seisin must alwaies bear Teste of the retorne of the Writ of Entry . And so it is also if the Recovery come in by Summons , the Writ of Seisin must ha●e the like proceedings after the Writ of Summons .

Observanda .

In a Recovery with treble Voucher are included What a Recovery with treble Voucher is . Four Recoveries : The first , by the Demandant against the Tenant ; The second , by the Tenant against the first Vouchee ; The third , by the first Vouchee against the second Vouchee ; And the fourth , by the second Vouchee against the Common Vouchee .

The scope of a Common Recovery with treble The scope and intent of a Recovery with treble Voucher . Voucher is to make a perpetual Bar of the Estates of the Tenant , and of every such Estate of Inheritance as at any time had been in the first or second Vouchee , or any of them , or either of their Ancestors , whose Heirs he or they are , of such Estate , and as well of every Reversion thereupon dependant ; as also of all Leases , Estates , Charges , and Incumbrances derived out of any such Reversion or remainder .

ss. CArolus secundus , &c. Rex Vicecomiti S. salutem A Writ of Summons to Warranty . Sum. per bonos Sum. W. L. quod sit coram Justic . nostris apud Westm. à die Sancti Michaelis in tres Septimanas ad war. E. G. tria Mesuagia cum pertin . in Villa S. que J. J. in Curia nostra coram Justic . nostris apud Westm. clam . ut jus suum versus presat . E. per breve nostrum de Ingressu super disseisinam in le Post , Et unde idem E. in eadem Curia nostra voc. predictum W. sum . in Comtuo ad War. versus eum , Et habeas ibi sum . & hoc breve Teste Jehanne Vaughan apud Westm. decimo die Junii Anno regni nostri vicesimo ter●io .

Observanda .

The Writ of Summons must be retornable ●ive Retorns , inclusive , after the retorn of the Writ of Entry ( as for Example ) If the Writ of Entry be 17 Ca. 1. cap. 6. before which Statute there ought to have been nine Reterns between the Teste and return of every Writ . retornable Quindena Pasche , then the Writ of Summons must be retornable Cras . Ascensionis , being the fifth retorn inclusive from Quindena Pasche . And you are to observe that Crastin . Ascensionis domini , was no retorn which could be used as to Recoveries , or any other real Action , until by the said Statute ( 17 Ca. 1. 6. ) it was made a good and perfect Retorn .

So if the Writ of Entry be retornable Crastino How the Writ of Summons must bear Teste . Martini , the Writ of Summons must bear Teste from that retorn of Crastino Martini , and be retornable five Retorns after Inclusivè ( that is to say ) accounting Crastino Martini for one of the five Retorns , and Quinden . Hillarii , which is the fifth Retorn after Crastin . Martini for another ; And the How the Writ of Seisin must be retornable and bear Teste . Teste of the Writ of Seisin must be the Teste day of that fifth Retorn , and be retornable Indilate , because there are not fifteen daies within Hillary Term after . Then the Writ of * * How to return the Writ of Seisin . Seisin may be retorned , that Seisin was delivered by virtue thereof to the Demandant by the Sheriff of the County where the Lands lye , upon any day not being Sunday , between the Teste and the end of the Term , from which day and the end of the Term by possibility the Sheriff might come from the land to Westminster before the rising of the Court.

If a Recovery be with single Voucher the Precipe Notanda . Vpon a Recovery with single Voucher . must be brought against the Tenant in Tayl , in possession , and he to Vouch the Common Vouches .

If with † † Vpon a Recovery with double Voucher . Entry of a Wr●● of Summons to Warranty . double Voucher , a Writ of Covenant must be brought against the Tenant , and a Writ of Entry against the Cognizee of the Fine who must Vouch the Tenant in Tayl , then the Writ of Covenant must be Teste and retornable before the Writ of Entry ; and this is called a double Voucher .

ss. J. J. in propria persona sua petit versus E. G. Armigerum , tria Mesuagia , tria Gardina , quadraginta acras Terre , quinquaginta acras Prati , sexaginta acras Pasture , quadraginta acras Bosci , & Centum acras Jampnorum & Bruere , cum pertin . in R. vt j●s & hereditatem suam , Et in que idem E. non habet ingressum nisi post disseisin●m quam Hugo Hunt inde injuste & fine judicio fecit prefato J. infra triginta Annos , &c. Et unde dicit quod ipsemet fuit seisitus de tenementis predictis cum pertinentiis in dominico suo ut de feodo & jure , tempore pacis , tempore domini Regis nunc capiendo inde explesias ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predictus E. per C. D. Attornatum suum venie & defendit jus suum quando , &c. Et vocat inde ad warantizandum W. L. sum . in Comitatu predicto habeat eum hic a die Sancti Michaelis in tres septimanas per Auxilium Curiae , &c. idem dies datus est partibus predictis hic , &c.

Salop. ss. J. J. in propria persona sua Pet. versus Entry of a Recovery with double Voucher by Summons ▪ E. G. Armigerum , tria Mesuagia , tria Gardina , &c. cum pertin . in R. ut jus & hereditatem suam , Et in que idem Edwardus non habet ingressum nisi post disseisinam quam Hugo Hunt inde injuste & fine judicio fecit prefato Johanni infra triginta Annos , &c. Et predictus Edwardus per C. B. Attorn. suum venit , Et alias vocat inde ad War . W. L. qui modo per sum . ei in Comitatu predicto factam per C. G. Attorn. suum fimiliter venit ▪ Et gratis Tenementa predicta cum pertin . ei War . &c. Et super hoc predictus Johannes pet. versus ipsum W. tenen . per War ▪ suam tenementa predicta cum pertin . in forma predicta , &c. Et unde dic . quod ipsemet fuit seisitus de tenementis predictis cum pertin ▪ in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . ●nde exples . ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predictus Willielmus Tenens per War. suam ven. & defend . jus suum quando , &c. Et ulterius voc. inde ad War . E. H. qui similiter presens est hic in Curia in propria persona sua , Et gratis tenementa predicta cum pertin . ei War . &c. Et super hoc predict . Johannes petit versus ipsum Edwardum Tenen . per War. suam tenementa predicta cum pertin . in forma predicta , &c. Et unde dicit quod ipsemet fuit seisitus de Tenementis predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predictus Edwardus H. Tenens per War. suam defend . jus suum quando , &c. Et dic . quod predictus Hugo non disseisivit prefatum Johannem de tenementis predictis cum pertin . prout idem Johannes per breve & narrationem sua predicta superius supponit , Et de hoc pon . se super patriam , &c.

Et predictus Johannes petit licentiam inde interloquendi , Et habet , &c. Et postea idem Johannes revenit hic in Cu● . isto eodem Termino in propria persona sua , Et predictus Edwardus licet solempniter exact . non reven . Set in contempt Cur. recessit Et defalt . fac . Ideo consideratum est quod predict . Johannes recuperet seisinam suam versus prefatum E. G. de Tenementis predictis cum pertin . Et quod idem E. G. habeat de terra predicti Willielmi ad valentiam , &c. Et quod idem Willielmus ulterius habeat de terra predicti E. H. ad valentiam , &c. Et idem E. H. in misericordia , &c. Et super hoc predictus Johannes petit breve domini Regis Vic. Com. predicti dirigend . de habere faciend. ei plenariam seisinam de Tenementis predictis cum pertin . Et ei conceditur retornabile hic à die Sancti Michaelis in unum Mensem , &c. Some add 3. or 4. daies before the return . Ad quem diem hic ven. predictus Johannes in propria persona sua Et Vic. viz. J. T. Armiger modo Mand. quod ipse virtute brevis illius sibi directi vicesimo quarto die Octobris ult , preterito habere fecit prefato Johanni plenariam seisinam de Tenementis predictis cum pertin . prout per breve illud sibi preceptum fuit , &c.

Ebor. ss. T. W. & R. M. Armiger in propriis personis Entry of a Writ of Summons upon a Recovery with treble Voucher . Nota. The Writ of Entry was returnable . Quind . Martini . The Tenants appear this Term in person at Bar. suis pet. versus G. R. Armig. & W. B. Generos . Manerium de R. cum pertin . &c. ut jus & hereditatem suam , Et in queiidem G. & W. non habent ingressum nisi post disseisinam quam Hugo Hunt inde injuste & sine judicio fecit prefato T. W. & R. infra triginta Annos jam ultimò elapsos , &c. Et unde dicit quod ipsimet fuerunt seisiti de Manerio & Tenementis predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde producunt sectam , &c.

Et predicti G. & W. in propriis personis suis ven. & defend . jus suum quando , &c. Et voc. inde ad War . A. C. vid. habeant eam hic in Octabis Sancti Martini Et sum . in Com. predicto per Auxilium Curie , &c. Idem dies dat. est partibus predictis hic , &c. * * A Warrant of Attorney for the Tenants . Et super hoc predicti Geo. & Willielmus po. lis. suis C. B. & E. G. Attornatos suos conjunct●m & divis●m versus prefatum W. & R. de predicto placito , &c.

† † Nota. Although the Tenants appeared in person at the acknowledgment at Bar , yet if they appeared not also at the return of the Summons in person there must be a warrant of Attorney for the Tenant , And the same must be entred upon the first Summons Roll ( prout prox . supr . ) and upon the remembrance under the Precipe for the Writ of Entry of the same Recovery , and make the Warrant of Attorney for the Tenants thus :

Ebor. ss. G. R. Armiger & W. B. generosus po. locis The form of a Warrant of Attorney for the Tenants . suis C. B. & E. G. Attorn. suos conjunct . & divisim versus T. W. & R. M. Armigerum de placito terre .

At the return of this Summons , being Octabis Nota. Martini , if the second Vouchee appear by Warrant of Attorney , you must make another Writ of Summons for the latter Vouchee Returnable the fifth Return , after the return of the first Summons , and Teste of the return of the first Summons , for one Writ will not serve for both . The Warrant of Attorney for the first Vouchee must be thus :

Ebor. ss. A. C. vidua quam G. R. Armiger & W. B. Warrant of Attorny for the first Vouche● . generosus voc. ad War. po. loco suo J. D. & T. W. Attorn. suos conjunctim & divis●m versus T. W. & R. M. Armiger . de placito terre .

And for the second thus :

Ebor. ss. G. H. Generosus quem A. C. vid. voc. ad Warrant of Attorny for the second Vouchee . War. po. loco suo T. W. & H. M. Attorn. suos conjunctim & divisim versus T. W. & R. M. Armigerum de placito terre .

Capt. & Cognit . xiij . die Martio Anno regni Regis Caroli Secundi Anglie , &c. decimo septimo coram me T. T.

ss. ALias prout patet Termino Sancti Michaelis Entry of the Summons of the first Vouchee , with a Warrant of Attorny for the Tenants . Anno regni domini Regis nunc decimo octavo Rot. lvj . Continetor sic ss. Ebor. ss. T. W. & R. M. in propriis personis suis per. versus G. R. Armigerum & W. B. generosum Manerium de R. cum pertin . ac decem Mesuagia , viginti acras Terre cum pertin . in R. ut jus & hereditatem suam , Et in que iidem G. & W. non habent ingressum nisi post disseisinam quam Hugo Hunt injuste & sine judicio fecit praefato T. W. & R. M. infra triginta Annos , &c. Et unde dicit quod ipsimet fuerunt Seisiti de Manerio & tenementis predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predicti G. & W. in propriis personis suis ven. & defend . jus suum quando , &c. Et voc. inde ad War . A. C. vid. habeant eam hic in Octabis S. Martini Sum. in Com. predicto per Auxilium Curie , &c. Idem dies dat. est partibus predictis hic , &c. Et super hoc predicti G. & W. po. locis suis C. B. & E. G. conjunctim & divisim versus prefatum T. W. & R. de predicto placito , &c. Et modo hic ad hunc diem scilicet predictas Octabas S. Martini ven. tam predicti T. & R. in propriis personis suis quam predicti G. & W. per C. B. Attorn. suum predictum , Et predict . A. sum . &c. per J. D. Attorn. suum ven. & gratis Manerium & tenementa predicta cum pertin . eis War . &c. Et super hoc predicti T. W. & R. pet. versus ipsam A. Tenen . per War. suam Maneria & tenementa predicta cum pertin . in forma predicta , &c. Et unde dic . quod ipsimet fuer . seisit . de Manerio & Tenementis predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde produci● sectam , &c.

Et predicta A. Tenens per Warr. suam defend . jus suum quando , &c. Et ulterius voc. inde ad War . G. H. generosum habeat eum hic in Crastino Purificationis beate Marie Sum. in Com. predicto per Auxilium Cor. &c. idem dies dat . est tam prefat. T. R. G. & W. quam prefat. A. hic , &c.

ALias prout patet Termino S. Hillarii Anno regni Entry of a Recovery , treble Vouche●● two Summons and Warrants of A●torny for the Tenants . domini Regis nunc decimo octavo Rotulo xxxix . continetur sic , Alias prout patet Termino S. Michaelis Anno regni domini Regis nunc decimo septimo Rotulo lvj . continetur . sic Ebor. ss. T. W. & R. M. in propriis personis suis pet versus G. R. Armigerum & W. B. Generosum Manerium de R. cum pertin . Ac decem Mesuagia , & viginti acras Terte cum pertin . in R. ut jus & hereditatem suam , Et in que iidem G. & W. non habent ingressum nisi post disseisinam quam Hugo Hunt inde injuste & sine judicio fecit prefat. T. W. & R. infra triginta Annos , &c. Et unde dicunt quod ipsimet fuer . scisit . de Manerio & Tenementis predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc , Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

ET predicti G. & W. ven. & defend . jus suum quando , &c. Et voc. inde ad War . A. C. vid. habeant eam hic in Octabis S. Martini Sum. in Com. predicto per Auxilium Curie , &c. idem dies dat . est partibus predictis hic , &c. Et super hoc predicti G. & W. po. locis suis C. B. & E. G. conjunctim & Warrant of Attorney . divisim versus prefat T. W. & R. de predicto placito , &c. Et modo hic ad hunc diem scilicet predictas Octabas S. Martini ven. tam predicti T. W. & R. in propriis per sonis suis quam predicti G. & W. per C. B. Attorn. suum predictum Et predicta A. sum . &c. per Attorn. suum similiter ven. Et gratis Manerium & Tenementa predicta cum pertin . eis War . &c. Et super ho● predicti T. Wentworth & R. pet. versus ipsam A. Tenen . per War. suam Manerium & Tenementa predicta cum pertin . in forma predicta , &c. Et unde dicunt quod ipsimet fu●r . seisiti de Manerio & Tenementis predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde producunt sectam , &c.

Et predicta A. Tenens per War. suam defend . See the Summons above mentioned . jus suum quando , &c. Et ulterius voc. ●usque ●●nem del Summons verbatim ) les Summoners Crastin . Purif . Ad quem quidem Crast . Purificationis beate Marie hic ven. tam predicti T. Vic. W. & R. in propriis personis suis quam predicti G. & W. Et predicta A. per Attorn. suum predictum . Et predictus G. modo sum . &c. per T. W. Attorn. suum similiter venit . Et gratis Manerium & Tenementa predicta cum pertin ei War . &c. Et super hoc predicti T. W. & R. pet. versus ipsum G. Tenen . per War ▪ suam Manerium Et tenementa predicta cum pertin . in forma predicta , &c. Et unde dicunt quod ipsimet fuer . seisit . de Manerio & tenementis predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde producunt sectam , &c.

Et predictus G. Tenens per War. suam defend . jus suum quando , &c. Et ulterius voc. inde ad War . Edmundum Clent qui similiter presens est hic in Curia in propria persona sua Et gratis Manerium & Tenementa predicta cum pertin . ei War . &c. Et super hoc predicti T. W. & R. Petunt versus ipsum E. Tenen . per War. suam Manerium & Tenementa predicta cum pertin . in forma predicta , &c. Et unde dic . quod ipsimet fuerunt seisiti de Manerio & Tenementis predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore dom , Reg. nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde producunt sectam , &c.

Et predictus Edwardus Tenens per War. suam defend . jus suum quando , &c. Et dicit quod predict ▪ Hugo non disseisivit prefat. T. W. & R. de Manerio & Tenementis predictis cum pertin . prout iidem T. W. & R. per breve & narrationem sua predicta superius suppon . Et de hoc pon . se super patriam , &c.

Et predicti T. W. & R. petunt licentiam inde interloquendi , Et habeant , &c. Et postea iidem T. W. & R. reven . hic in Curia in propriis personis suis Et predictus Edmundus licet solempniter exact ▪ non reven . set in contemptum Cur recessit Et defalt . fac . Id. consid . est quod predict . T. W. & R. Recuperent seisinam suam versus prefatos G. & W. de Manerio & tenementis predictis cum pertin . Et quod iidem G. & W. habeant de terra predicte A. ad valentiam , &c. Et quod eadem A. ulterius habeat de terra predicti G. ad valentiam , &c. Et quod idem G. ulterius habeat de terra predicti Edm. ad valentiam , &c. Et idem Edmundus in misericordia , &c. Et super hoc predicti T. W. & R. petunt breve domini Regis Vic. Com. pred . dirigend . de habere faciend. eis plenariam seisinam de Manerio & Tenementis predict . cum pertin . Et eis conceditur retornabile hic à die ▪ Paschae in quindecim dies , &c. Ad quem diem hic ven. predicti . T. W. & R. in propriis personis suis , Et Vic. viz. T. L. Miles modo Mand. quod ipse Virtute 3. or 4. daies before the Return . brevis illius sibi directi quinto decimo die Martii ultimo preterito habere fecit prefat. T. W. & R. plenariam seisinam de Manerio & tenementis predictis cum pertin . prout per breve illud sibi preceptum fuit , &c.

ALias prout patet , &c. usque quando , &c. in Entry of a Summons with an Adjornment of the Term before the Stat. 17 Car. 1. Cap. 6. linea continuat . Et vocat inde ad War . S. H. Gen. habeat eum hic in Octabis S. Michaelis Et sum . in Com. predicto per auxilium Cur. &c. Idem dies dat. est partibus predictis hic , &c. Ad quem diem Loquela predicta adjornata fuit per breve domini Regis de Communi Adjornamento apud Westm. in Com. Midd. usque à die S. Michaelis in unum Mensem tunc prox . sequen . Ad quem diem Loquela predicta ulterius Adjornat . fuit per aliud breve dicti dom. Reg. de Com. Adjornament . à Westm. predict . usque villam dict. dom. Regis de R. in Com. Berks usque ad hunc diem scilicet in Crast . Animarum tunc prox . seqen . Et modo hic scilicet apud predict . Villam dicti dom. Regis de Reading ad hunc diem scilicet predict . Crastin . Animarum ven. tam predictus H. ( pet. ) in Propria persona sua quam predict . G. ( Ten. ) per Attorn , suum predictum Et predict . S. H. sum . &c. per R. C. Attorn. fuum similiter ven. & gratis Tenementa predicta cum pertin . ei War . &c. Et super hoc predictus H. pet. versus ipsum S. Tenen . per War. suam Tenementa predicta cum pertin . in forma predicta , &c. Et unde dicit quod ipsemet fuit seisitus de Tenementis predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore dom. Reg. nunc Capiend . inde exples . Ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predictus S. Tenens per War. suam defend . jus suum quando , &c. Et ulterius voc. inde ad War . B. D. habeat eum hic à die Pasche in quindecim dies Sum. in Com. predicto per Auxilium Cur. &c. Idem dies dat. est tam prefat. H. &c. Adjornment of the Term from Reading to Westminster . quam prefat. S. hic , &c. Ante quem diem loquela predicta Adjornata fuit per aliud breve domini Regis de Communi Adjornamento A predicta Villa dicti domini Regis de Reading in Comitat. Berks. usque ad Westm predict . in Com. Midd. usque ad à die Pasche in quindecim dies .

Ebor. ss. R. M. Armiger & W. E. generosus in propriis Entry of a Recovery ( with single Voucher ) of a Castle , Tenements and Advowson where the Parties appear in person .. personis suis pet. versus T. W. Castrum de H. cum pertin . ac duas Mille acras Terre , 700 acras Prati , 100 acras Pasture cum pertin . in R. Necnon Advocationem Ecclesie de H. ut jus & hereditatem suam Et in que idem T. non habet ingressum nisi post disseismam quam Hugo Hunt inde injuste & sine judicio fec . prefat. R. & W. infra triginta Annos , &c. Et unde dic . quod ipsimet f●er . seisiti de Castro , Maneriis & Tenementis predictis cum pertin . in dominico suo ut de feodo & jure Ac de Advocatione predicta ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde produc . sectam , &c.

Et predictus T. W. in propria persona sua ven. & defend . jus suum quando , &c. Et voc. inde ad War . Edmundum Clent qui presens est hic in Cur. in propria persona sua Et gratis Castrum Maneria & tenementa predicta cum pertin . ac Advocationem predictam eis War . &c. Et super hoc predicti R. & W. petunt . versus ipsum Edmundum Tenen . per War. suam Castrum Maneria & Tenementa predicta cum pertin . ac Advocationem predictam in forma predicta , &c. Et unde dicunt quod ipsiment fuer . seisiti de Castro , Manerio & Tenementis predictis cum pertin . in dominico suo ut de feodo & jure ac de Advocatione predict . ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde produc . sectam . &c.

Et predictus Ed●und . Tenens per War. suam defend . jus suum quando , &c. Et dic . quod predict . Hugo non disseisivit prefat. R. & W. de Castro Maneriis & tenementis predictis cum pertin . ac de Advocatione predicta prout predicti R. & W. per breve & narrationem sua predicta superius suppon . Et de hoc pon . se super patriam , &c.

Et predicti ▪ R. & W. pet. licentiam inde interloquendi Et habent , &c. Et postea iidem R. & W. reven . hic in Cur. isto eodem Termino in propriis personis suis Et predictus Edm. licet solempniter exact . non reven . set in contemptu Cur. recessit Et defalt . facit ideo consideratum est quod predicti R. & W. recuperent seisinam suam versus prefat. T. W. de Castro Maneriis & Tenementis predictis cum pertin . Ac de Advocatione predicta Et quod idem T. W. habeat de terra predicti E. ad valentiam , &c. Et idem E. in misericordia , &c.

Et super hoc predicti R. & W. pet. brev. domini Regis Vic. Com. predicti dirigend . de habere faciend. eis plenariam seisinam de Castro Maneriis & Tenementis predictis cum pertin . Ac de Advocatione predicta Et eis conceditur retornabile , &c. Postea scilicet tertio die Junii isto eodem Termino ven. hic in Cur. predicti R. & W. in propriis personis suis Et Vic. videlicet A. R. Miles modo Mand. quod ipse virtute brevis illius sibi directi tricesimo primo die Maii ultimo preterito habere fecit prefat . R. & W. plenariam seisinam de Castro Maneriis & Tenementis predictis cum pertin . Ac de Advocatione predicta prout per breve illud sibi preceptum fuit , &c.

Glouc. ss. S. S. Generosus in propria persona sua Entry of a Recovery of a Mannor , Mesuages , Mils , Dove-houses , Gardens , land , Meadow , Pasture , Wood , Rent , Common of Pasture , of a Rectory , Tythes , and of an Adv●wson of a Vicaridge . pet. versus R. N. Armigerum & W. S. Armigerum Manerium de Stonehouse cum pertin . Ac viginti Mesuagia , decem & quinque Molendina , tria Columbaria , viginti Gardina , 300 acras Terre , Centum acras Prati , 300 acras Pasture , 330 acras Bosci , sexaginta solidat Reddit . Communiam Pasture pro omnibus Averiis cum pertin in Stonehouse , &c. Necnon Rectoriam de Leonard cum pertin . Ac etiam quasdam portiones Decimarum annuatim provenien . Crescen . seu renovan . in K. Ac Advocationem Vicarie Ecclesie de S. ut jus & hereditatem suam , &c. Et unde dic . quod ipsemet fuit seisit . de Manerio Tenementis Reddit . Communia Pasture & Rectoria predictis , Ac de portionibus Decimarum predictarum in Dominico suo ut de feodo & jure Ac de Advocatione predicta ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . &c. Et inde produc . sectam , &c.

Et predicti R. & W. in propriis personis suis ven. & defend . jus suum quando , &c. Et voc. inde ad War . E. S. Generosum qui presens est hic in Cur ▪ in propria persona sua . Et gratis Manerium Tenementa Reddit . Communiam pasture & Rectoriam predicta cum pertin . & Porciones Decimarum Et Advocationem predictas eis War . &c. Et super hoc predictus S. pet. versus ipsum E. Tenen . per War. suam Manerium , Tenementa Reddit . Communiam Pasture & Rectoriam predictam cum pertin . & porciones Decimarum ac Advocationem predictam in forma predicta , &c. Et unde dicit quod ipsemet , &c. ut supra , &c.

Alias prout patet , &c. usque quando , &c. in linea Entry of Summons in a Recovery with treble Voucher , by Alias prout patet , with three Adjornments , before the Statute of 16 & 17 Caroli primi cap. 6. Whereby the Retorns of Octab. Mich. & quinden . Mich. are taken away . Continuat . Et voc. inde ad War . S. H. Gen. Sum. in Com. pred . habeat eum hic in Octabis S. Mich. Et Sum. in Com. predicto , per auxilium Curie , &c. idem dies dat . est partibus predictis , &c. Ad quem diem loquela predicta Adjornata fuit , per brev. Domini Regis de Communi Adjornamento , hic scilicet apud Westm ▪ in Com. Midd. usque a die S. Michaelis , in unum Mensem tunc proxime sequen . Ad quem diem loquela predicta ulterius Adjornata fuit per aliud brev. dict. Domini Regis de Communi Adjornamento a Westm. usque Villam dict. Domini Regis de Reading in Com. Berks , in Crastino Animarum tunc proxime sequen : Et modo hic scil. apud predictam Villam dict. Domini Regis de Reading ad hunc diem scil. predictum Crastinum Animarum ven. tam predictus H. in propria persona sua quam predictus G. per Attorn. suum predictum Et predictus S. modo Sum. &c. per. R. Attorn. suum similiter ven. & gratis Tenementa predicta cum pertin . eis War . &c. Et super hoc predictus H. pet. versus ipsum S. Tenen . per War. suam Tenementa predicta cum pertin . in forma predicta , &c. Et unde dicit quod ipsemet fuit seisitus , &c. Et inde produc . sectam , &c.

Et predictus S. Tenens per War. suam defend . jus suum quando , &c. Et ulterius voc. inde ad War . P. D. habeat eum hic à die Pasche in quindecim dies , Et Sum. in Com. predicto per Auxilium Curie , &c. Idem dies dat. est tam prefat. J. & v. quam prefat. S. hic , &c. Ante quem diem loquela predicta ulterius Adjornata fuit per aliud breve dicti domini Regis de Communi Adjornamento à predicta Villa dict. dom. Regis de Reading in Com. Berks usque ad Westm. in Com. Midd. usque ad eandem Quinden . Pasch. &c.

Michaelis xij● . Caroli Secundi rotulo 182.

Westmerl . ss. JOhannes Lowther Miles & Baronettus Entry of a Recovery of a Mannor , Tenements , Tythes , Free-●is●ing and the ▪ Advowson of a Vicaridge . & Thomas Darcey Miles in propriis personis suis pet. versus Robertum Newman Generosum & Thomam Lee Armigerum Manerium de Warcopp cum pertin . ac septuaginta sex Mesuagia , quatuor Molendina , sexaginta Gardina , quadraginta acras Terre , Centum acras Prati , Trescent . & quadraginta acras Pasture , viginti acras Bosci , Sexcentas acras Jampnorum & Bruere , Sexcentas acras Morae cum pertin . in War●opp , Buttingill , Sandforth , Flesholme , Blaytorne , Winder , Wath & Cliburne , Ac decimas Garbarum & granorum annuatim provenien . crescen . seu renovan . in Warcopp , Buttergill & Blaytorne , Necnon liberam Piscariam in Aqua de Eden , Ac etiam Advocationem Vicarie Ecclesie de Warcopp ut jus & hereditatem suam Et in que iidem R. & T. non habent ingressum nisi post disseisinam quam Hugo Hunt injuste & sine judicio fec . prefat. Joh. & Thome Darcy infra triginta Annos , &c. Et unde dic . quod ipsimet fuer . seisiti de Manerio , tenementis decimis & Piscaria predictis cum pertin . in dominico suo ut de feodo & jure , Ac de Advocatione predicta ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predicti Robertus & Thomas Lee in propriis personis suis ven. & defend . jus suum quando , &c. Et voc. inde ad War . Rich. Brathwaite Armigerum qui presens est hic in Cur. in propria persona sua Et gratis , Manerium , Tenementa , decimas & Piscariam predicta cum pertin . Ac Advocationem predictam eis War . &c. Et super hoc predicti Johannes & Thomas Darcey pet. versus ipsum Richard . Tenen . per War. suam Manerium , Tenementa , decimas & Piscariam predictam cum pertin . Ac Advocationem predictam in forma predicta , &c. Et unde dic . quod ipsimet fuerunt seisiti de Manerio tenementis decimis & Piscaria predictis cum pertin . in dominico suo ut de feodo & jure , Ac de Advocatione predicta ut de feodo & jure tempore pacis tempore domini Regis nunc Capiendo inde exples . ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predictus Richardus Tenens per War. suam defend . jus suum quando , &c. Et ulterius voc. inde ad War ▪ Georgium Humston qui similiter presens est hic in Curia in propia persona sua , Et gratis Manerium Tenementa decimas & Piscariam predicta cum pertin . ac Advocationem predictam ●i War . &c. Et super hoc predicti Johannes & Tho. Darcey pet. versus ipsum Georgium Tenen . per War. suam Manerium tenementa decimas & Piscariam predicta cum pertin . ac Advocationem predictam in forma predicta , &c. Et unde dic . quod ipsimet fuerunt scisiti de Manerio tenementis decimis & Piscari● predictis cum pertin . in dominico suo ut de feodo & jure , Ac de Advocatione predicta ut de feodo & jure tempore pacis , tempore domini Regis nunc capiendo inde explesias ad valentiam , &c. Et in que , &c. Et inde producit sectam , &c.

Et predictus Georgius Tenens per War. suam defend . jus suum quando , &c. Et dic . quod predictus Hugo non disseisivit prefat. Johannem & Thomam Darcey de Manerio , Tenementis decimis & Piscaria predictis cum pertin . ac de Advocatione predicta prout iidem Johannes & Thomas per breve & narrationem sua predicta superius suppon . Et de hoc pon . se super patriam , &c. Et predicti Johannes & Thomas Darcey pet. licentiam inde interloquendi Et habent , &c. Et postea iidem Johannes & Thomas reven . hic in Curia is●o codem Termino in propriis personis suis , Et predictus Georgius licet solempniter exact . non reven . set in contemptu Cur. recessit & defalt . fac . Ideo consideratum est quod predicti Johannes & T. D. recuperent seisinam suam versus prefatum R. & T. Lee de Manerio tenementis decimis & Piscaria predictis cum pertin . Ac de Advocatione predicta , Et quod iidem R. & T. D. habeant de Terra predicti Richardi ad valentiam , &c. Et quod idem Richardus ulterius habeat de terra predicti Georgii ad valentiam , &c. Et idem Georgius in misericordia , &c.

Et super hoc predicti Johannes & Thomas Darcey pet. breve dom. Regis Vic. Com. predicti dirigend . de habere faciend . eis plenariam seisinam de Manerio tenementis decimis & Piscaria predictis cum pertin . Ac de Advocatione predicta Et eis conceditur Retornabile hic indilate , &c. Postea scilicet vicesimo Octavo die Novembris isto eodem Termin● ven. hic in Curia predicti Johannes & Tho. D. in propriis personis suis Et Vic. videlicet A. domina C. Comitissa Dotissa Pembriae & Montgomer . modo Mand. quod ipsa Virtute brevis predicti sibi directi Vicesimo Seisina indila● è● primo die Novembris ult. preterito habere fecit prefat. Johanni & Thome Darcey plenariam seisinam de Manerio Tenementis , decimis & Piscaria predictis cum pertin . Ac de Advocatione predicta pr●ut per breve illud sibi preceptum fuit , &c.

Michaelis xij● . Caroli Secundi Regis Rot. 182.

Cumbr. ss. JOhannes Lowther Miles & Baronettus & Entry of a Recovery a Mannor and Tenements and of a Moiety of a Mannor and Tenements . Thomas Darcey Miles in propriis personis suis petunt versus R. N. Generosum & Tho. Lee Armigerum Maneria de Emelton Bockery & Morethwaite cum pertin . Ac septuaginta & sex Mesuagia , duo Molendina Aquatica , Granatica , unum Molendinum Fullonicum , sexaginta Gardina , ducentas acras Terre , quadraginta acras Prati , ducentas acras Pasture , sexcentas acras Jampnorum & Bruere , & sexcentas acras Morae cum pertin . in Emelton , Dockery , Morethwait in Wigton , Necnon Medietatem Manerii de Wyethborne alias Wyethb●tham cum pertin . Ac triginta & duorum Mesuagiorum , quinquaginta acrarum Terre , viginti acrarum Prati , Centum acrarum Pasture , Centum acrarum Jampnorum & Bruere , & Trescentarum acrarum M●re cum pertin . in Wyethborne , Armeboth , Smathwaite & Noddew ut jus & hereditatem suam Et in que iidem Robertus & T. Lee non habent ingressum nisi post disseisinam quam Hugo Hunt inde injuste & sine judicio fecit prefat. J. & T. D. infra triginta Annos , &c. Et unde dic . quod ipsimet fuerunt seisiti de Maneriis Tenementis & Medierate predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde produc . sectam , &c.

Michael . xij● . Caroli Secundi Regis Rot. 183.

Oxon. ss. RIchardus Blanshard generosus & Robertus Entry of a Recovery for a Mannor , Tenements ● , Rent , view of Franck-Pledge , Goods , and Chattels of Felons and Fugitives , Goods and Chattels waived , Estrayes , Deodands , a Rectory , Advowson , and Moiety of a Mannor , Mesuages , &c. Blanshard generosus in propriis personis suis petunt versus Christopherum Chatford generosum & Thomam Gritten generosum Manerium de Yeardington alias Yarnton cum pertin . Ac viginti & unum Mesuágia , unum Columbar . quinquagint . acras Terre , Trescentas & viginti acras Prati , Octingentas & viginti acras Pasture , Septuaginta & quinque acras Bosci , Triginta & septem Solidat . & Octo denariat . Reddit . Vic. Franc. Pleg . & quicquid ad Vic. Franc. Pleg . pertinet , bona & Catalla felon . & fugitiv . Felonum de se bona & Catalla Waviat . Extrahur . & Deodand . cum pertin . in Yeardington alias Yarneton , Kidlington , Cassington , Bladon , Godstone & in parochia S. Thome alias S. Nicholi prope Civita●em Oxon. Necnon Rectoriam de Cromarsh Gifford cum pertin . Ac etiam Advocationem Ecclesie de Bogbrook al. Bagbrook , Ac Advocationem Vicarie Ecclesie de Yardington al. Yarnton Necnon Medietatem Manerii de Bogbrook al. Bagbrook cum pertin . Ac etiam trium Mesuagiorum , ducentarum acrarum Terre , quinquaginta acrarum Prati , Centum acrarum Pasture , & quinquaginta acrarum Jampnorum & Bruere cum pertin in Begbrook al. Bagbrook ut jus & hereditatem suam , Et in que iidem Christopherus & Tho. non habent ingressum nisi post disseisinam quam Hugo Hunt inde injuste & sine judicio fecit prefat. Richardo & Roberto . infra triginta Annos , &c. Et unde dicunt quod ipsimet fuer . seisiti de Manerio Tenementis Reddit . Vic. Franc. Pleg . & quicquid ad Vic. Franc. Pleg . pertinet bonis & Catallis felon . & fugitivorum , felonum de se , de bonis & Catallis Waviat . Extrahur . Deodand . Rectoria & Medietate predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc , Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde produc . sectam , &c.

Michael . xij● . Caroli Secundi Rot. 184.

North't . ss. RIchardus B. generosus & Robertus B. Entry of a Recovery of a Mannor , Tenements , Common of Pasture , and of Estovers , Pannage for Hoggs , view of Frank-Pledg , and of an Advowson . gen . in propriis personis suis pet. versus Christopherum Cratford generosum & Tho. Gritten Manerium de Whafield cum pertin . Ac tresdecim Mesnagia , unum Molendinum Aquaticum , ducentas & octoginta acras Terre , sexdecim acras Prati , Centum acras Pasture , Communiam Pasture pro omnibus Averiis , Communiam Estoveriorum Pannagium pro Porcis , Et Vic. Franc. Pleg . cum pertin . in Whitfield , Haselborough & Foresta de Whittlewood , Necnon Advocationem Ecclesie de Whitfield alias Whitefield , Syrensam alias Syresham alias Sisam , ut jus & hereditatem suam Et in que iidem T. & C. non habent ingressum nisi post disseisinam quam Hugo Hunt inde injuste & sine judicio fecit prefat. Richardo & Roberto infra triginta Annos , &c. Et unde dic . quod ipsimet fuer . seisiti de Manerio Tenementis Communiis Pannagio & Vic. Franc. Pleg . predictis cum pertin . in dominico suo ut de feodo & jure , Ac de Advocatione predicta ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde Exples . ad valentiam , &c. Et in que , &c. Et inde produc . sectam , &c. ( ut in aliis . )

Et super hoc iidem Richardus & Robertus pet. breve domini Regis Vic. Com. predicti dirigend . de habere faciend. eis plenariam seisinam de Manerio Tenementis Communiis Pannagio & Vic. Franc. Pleg . predictis cum pertin . Ac de Advocatione predicta , Et eis Conceditur Retornabile hic in Crastino S. Martini Ad quem diem hic ven. predicti Richardus & Robertus in propriis personis suis , Et Vic. videlicet Henri●us Benson Armiger . modo Mand. quo● ipse virtute brevis illius sibi directi sexto die Novembris ult. preterito habere fecit prefat. Richardo & Roberto plenariam seisinam de Manerio tenementis Communiis Pannagio & Vic. Franc. Pleg . predictis cum pertin : Ac ▪ de Advocatione predicta prout per breve illud sibi preceptum fuit , &c.

DOminus Rex Mand. Justic . suis hic breve suum de Mittimus The Preamble to the Entry of a Mittimus and Dedimus . Clausum unacum tenore Cujusdam brevis de Dedimus potestatem de War . Attorn. recipiend . & retorn . ejusdem , Necnon War . Attorn. inde recept . in hec verba ; Carolus secundus Dei gratia Anglie Scot. Franc. & Hibern . Rex fidei Defensor . &c. Et sic Recite verbatim le Mittimus & Dedimus .

Mich. xxii Caroli secundi Regis rot. 185.

Ebor. ss. THomas Thompson generosus & Richardus Entry of Summons where the Tenants appear by warrant of Attorney and Vouch over . Solkry in propriis personis suis pet. versus Henricum Dickenson gen . Georgium Hesletyne gen . & Thomam Hesletyne gen . Novem Mesuagia , Novem Gardina , Octoginta acras terre Octoginta acras prati Centum & Octoginta acras prati pasture & Triginta Acras Bosci , Ducentas & Viginti acras jampnor . & bruere , & Communiam pasture pro omnimodis Averiis cum pertin . in Stamsover , Whitby , Leathes , Anseleby & Hansker alias Hansworth , ut jus & hereditatem suam . Et in que iidem Henricus : Georgius & Thomas Hesletyne non habent ingress . nisi post disseisinam quam Hugo Hunt inde injuste & sine Judicio fec . prefat. Thome Thompson & Richardo infra Triginta annos , &c. Et unde dic . quod ipsimet fuerint seisiti de Tenemen . & Communia predictis cum pertin . in Dominico suo ut de feodo & jure tempore pacis tempore Domini Regis nunc Capiend . inde Exples . Ad valenciam , &c. Et in que , &c. Et inde produc . sectam . &c.

Et predicti Henricus , Geo. & Tho. Hesletyne per Tho. Langley Attorn. suum ven. & defend . jus suum quando , &c. Et voc. inde ad War . Robertum Norison gen . Sum. in Com. predicto habeant eum hic in Octabis Sancti Martini per A●●ilium Curie , &c. idem dies dat . est partibus predictis hic , &c.

Mich. xij● . Caroli secundi rot. 185.

Ebor. ss. THomas Thompson Sen. & Richardus Solkry Entry of a Recovery thereupon after Summons , two Vouchers where the Tenants appear by Warrant of Attorney . in propriis personis suis pe● . versus Henr. Dickenson gen . Geo. Hesletyne & Tho. Hesletyne gen . Novem Mesuagia , novem Gardina , Octoginta acras terr' , Octoginta acras prati , Centum & Octoginta Acras pusture Triginta acras bosci , ducentas & viginti acras Jampnor . & bruere & Communiam pasture pro omnimodis Averiis cum pertin . in Stamsoker , Whitby , Leathes , Anseleby , Hawsker alias Hansgarth ut jus & hereditatem suam . Et in que iidem Henricus , Geo. & Tho. Hesletyne non habent ingressum nisi post disseisinam quam Hugo Hunt inde injuste & sine judicio fec . prefat. Thome Thompson & Richardo infra triginta Annos , &c.

Et predicti Henricus , Georgius & Thomas Hesletyne per Thomam Langley Attorn . suum ven. & defend . ●us suum quando , &c. Et alias voc. inde ad War . Robertum Norison gen . qui modo per sum . ei in Com. predicto factam per Williel . Migdley Attorn . suum similiter ven. & gratis Tenementa & Communiam predicta cum pertin . prefat. Henrico , Georgio & Tho. Hesletyne War . &c. Et super hoc predicti Thomas Thompson & Richardus pet. versus ipsum Robertum Tenen . per War. suam Tenementa & Communiam predicta cum pertin . in forma predicta , &c. Et unde dic . quod ipsimet fuer . seisiti de Tenementis & Communia predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . Ad valentiam , &c. Et in que , &c. Et inde produc . sectam , &c.

Et predictus Robertus Tenens per War. suam defend . jus suum quando , &c. Et ulterius voc. inde ad War . Georgium Humston qui similiter presens est hic in Curia in propria persona sua Et gratis Tenemen . & Communiam predicta cum pertin . ei War . &c. Et super hoc predicti Thomas Thompson & Richardus pet. versus ipsum Georgium Tenen . per War. suam Tenementa & Communia predicta cum pertin . in forma predicta , &c. Et unde dic quod ipsimet fuer . seisiti de Tenementis & Communia predictis cum pertin . in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . Ad valentiam , &c. Et in que , &c. & inde produc . sectam , &c.

Et predictus ●eorgius Tenens per War. suam defend . jus suum quando , &c. Et dic . quod predictus Hugo non disseisivit prefatum Thomam Thompson & Richardum de Tenementis & Communia predictis cum pertin . prout iidem Thomas & Richardus per breve & narrationem sua predicta superius suppon . Et de hoc pon . se super patriam , &c.

Et predict . Thomas Thompson & Richardus pet. licentiam inde interloquend . Et habent , &c. Et postea iidem Thomas Thompson & Richardus reven . hic in Curia isto eodem Termino in propriis personis suis , Et predictus Georgius licet solempniter exact . non reven . set in Contemptum Curie recessit Et defalt . fac . Ideo consideratum est quod predicti , Thomas Thompson & Richardus Recuperent seisinam suam versus prefat. Henricum , Georgium & Thomam Hesletyne de Tenementis & Communia predictis cum pertin . Et quod iidem Henricus , Georgius & Thomas Hesletyne habeant de terra predicti Roberti ad valentiam , &c. Et quod idem Robertus ulterius habeat de Terra predicti Georgii Ad valentiam , &c. Et idem Georgius in misericordia , &c. Et super hoc predicti Thomas Thompson & Richardus pet. breve domini Regis Vic. Com. predicti dirigend de habere faciend . eis plenariam seisinam de Tenementis & Communia predictis cum pertin . Et eis conceditur Seizen awarded returnable Indilate . retornabile hic indilatè Postea scilicet vicesimo Octavo die Novembris isto eodem Termino ven. hic in Curia predicti Thomas Thompson & Richardus in propriis personis suis , Et Vic. videlicet Robertus Walters Armiger modo Mand. quod ipse Virtute brevis illius sibi directi Vic●simo sex●o die Novembris ult. preterito habere fecit prefatis Thome Thompson & Richardo plenariam seisinam de Tenementis & Communia predictiis cum pertin ▪ prout per breve illud sibi preceptum fuit , &c.

Mich. xij● . Caroli Secundi Regis rot. 187.

ALias prout patet Termino S. Trinitaiis ult. preterito Rotulo xij ▪ . Continetur sic :

York . ss. WIlliam Sympson Gent. in his proper Entry of a Recovery by Alias prout patet after Summons for Lands in two Towns where two are Vouched , one for Lands in one Town , and the other for Lands lying in another Town . person demandeth against William Savage and William Birley one Mesuage , thirteen acres of Land , four acres of Meadow , thirteen acres of Pasture and Common of Pasture with th' appurtenances in Sheffeild in Brightside as his right and Inheritance and into which the said William Savage and William Birley have not Entry but after the disseisin which Hugh Hunt thereof injustly and without Iudgment made to the said William Simpson within thirty years , &c. And whereupon they say That they were seized of the Tenements and Common aforesaid with th' appurtenances in their Demesne as of Fee and Right in the time of peace in the time of the now Lord the King , Taking the profits thereof , to the value , &c. And into which , &c. And thereof he bringeth Suit , &c.

And the said William Savage and William Birley by William Lambe their Attorney come and defend their Right when , &c. And as to one Mesuage , ten acres of Land , two acres of Meadow and ten acres of Pasture and Common of Pasture with th' appurtenances in Brightside parcel of the Tenements and Common aforesaid above-demanded Vouch to Warrant James Rawson , and as to three acres of Land , two acres of Meadow and three acres of Pasture and Common of Pasture with th' appurtenances in Sheffeild residue of the said Tenements and Common above-demanded the said William Savage and William Birley Vouch to warrant Richard Burrows and Mary his wife to be Summoned respectively in the County aforesaid Let them have them here from the day of Saint Michael in one Month by the Aide of the Court . &c. the same day is given to the Parties aforesaid here , &c. Et modo hic ad hunc diem scilicet ad predictum Mensem S. Michaelis ven. tam predictus Willielmus Sympson in propria persona su● quam predicti Willielmus Savage & Willielmus Birley per Attorn. suum predictum .

Et predictus Jacobus Sum. &c. per Williel . Crashaw The first Vouchee warants one part in one Town . Attorn. suum , Et predicti Richardus & Maria Sum. &c. per Johannem Bellamy Attorn. suum similiter ven. Et predictus Jacobus gratis Tenementa & Communiam predicta cum pertin . in Brightside predicta de tenementis & Communia predictis cum pertin . superius petit , unde ipse superius vocabatur ad War. eisdem Willielmo Savage & Willielmo Birley War . &c. Et super hoc predictus Willielmus Sympson pet. versus ipsum Jacobum Tenen . per War. suam eadem Tenementa & Communiam cum pertin . in Brightside predicta in forma predicta , &c. Et unde dic . quod ipsemet fuit seifitus de eisdem Tenementis & Communia cum pertin . in Brightside predicta in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . Ad valentiam , &c. Et in que , &c. Et inde produc . sectam , &c.

Et predicti Richardus & Maria gratis Tenementa The second Vouchee warants another part in another Town . & Communiam predicta cum pertin . in Sheffield predicta de Tenementis & Communia predictis cum pertin . superius petit . resid . unde ipsi superius vocabantur ad War. eisdem Willielmo Savage & Willielmo Birley War . &c. Et super hoc predictus Willielmus Sympson pet. versus ipsos Richardum & Mariam Tenen . per War. suam eadem Tenementa & Communiam cum pertin . in Sheffield predicta in forma predicta , &c. Et unde dic . quod ipsemet fuit seisitus de eisdem Tenementis & Communia cum pertin . in Sheffield predicta in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde Exples . Ad valentiam , &c. Et in que , &c. Et inde produc . sectam , &c.

Et predictus Jacobus Tenens per War. suam de Several Demands against the Common Vouchee for two parts . eisdem Tenementis & Communia cum pertin . in Brightside predicta de Tenementis & Communia predictis cum pertin . superius petit . unde ipse superius vocabatur ad War. defend . jus suum quando , &c. Et ulterius voc. inde ad War . Georgium Humston qui similiter presens est hic in Cur. in propria persona sua , Et gratis eadem Tenementa & Communiam cum pertin . in Brightside predicta ei War . &c. Et super hoc predictus Willielmus Sympson petit versus ipsum Georgium Tenen . per War. suam eadem Tenementa & Communiam cum pertin . in Brightside predicta in forma predicta , &c. Et unde dic . quod ipsemet fuit seisitus de eisdem Tenementis & Communia cum pertin . in Brightside predicta in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde produc . sectam , &c.

Et predicti Richardus & Maria Tenen . per War suam de eisdem Tenementis & Communia cum pertin . in Sheffeild predicta de tenementis & Communia predictis cum pertin . superius petit . resid . unde ipsi superius vocabantur , ad War. defend . jus suum quando , &c. Et ulterius voc. inde similiter ad War. predictum Georgium Humston qui similiter presens est hic in Cur. in propria persona sua Et gratis eadem Tenementa & Communiam cum pertin . in Sheffeild predicta eis War . &c. Et super hoc predictus Willielmus Sympson petit versus ipsum Georgium Tenen . per War. suam eadem Tenementa & Communiam cum pertin . in Sheffeild predicta in forma predicta , &c. Et unde dic . quod ipsemet fuit seisitus de eisdem Tenementis & Communia cum pertin . in Sheffeild predicta in dominico suo ut de feodo & jure tempore pacis tempore domini Regis nunc Capiend . inde exples . ad valentiam , &c. Et in que , &c. Et inde produc . sectam , &c.

Et predictus Georgius Tenens per War. suam de Tenementis & Communia predictis integris cum pertin . defend . jus suum quando , &c. Et dic . quod predictus Hugo non disseisivit prefatum Willielmum Sympson de eisdem Tenementis & Communia cum pertin . prout idem Willielmus Sympson per breve & narrationem sua predicta superius Suppon . Et de hoc pon . se super patriam , &c.

Et predictus Willielmus Sympson petit licentiam inde interloquend . Et habet , &c. Et postea idem Willielmus Sympson reven . hic in Cur. isto eodem Termino in propria persona sua , Et predictus Georgius licet solempniter exact . non reven . Set in contemptum Curie recessit Et defalt . fac . Ideo Consideratum est quod predictus Willielmus Sympson Recuperet seisinam suam versus prefat. Willielmum Savage & Willielmum Birley de Tenementis & Communia predictis integris cum pertin . Et quod iidem Willielmus Savage & Willielmus Birley habeant de terra predicti Jacobi ad valentiam Tenementorum & Communie predictorum cum pertin . in Brightside predicta superius versus eum ut Tenen per War. suam petit , Et quod idem Jacobus inde ulterius habeat de terra predicti Georgii ad valentiam , &c. Et quod iidem Willielmus Savage & Willielmus Birley habeant de terra predictorum Richardi & Marie ad valentiam Tenementorum & Communiae predictorum cum pertin . in Sheffield predicta superius versus eos ut Tenentes inde per War. suam petit . Et quod iidem Richardus & Maria inde ulterius habeant de Terra predicti Georgii Misericordia . ad valentiam , &c. Et idem Georgius in Misericor . &c. Et super hoc predictus Willielmus Sympson perit breve domini Regis Vic. Com. predicti dirigend . de habere faciend. ei plenariam seisinam de Tenementis & Communia predictis integris cum pertin . Et ei conceditur retor nabile hic in Octabis Sancti Martini , &c. Ad quem diem hic ven. predictus Willielmus Sympson in propria persona sua , Et Vic. videlicet Robertus Walters Armig. modo Mand. quod ipse Virtute brevis predicti sibi directi Nono die Novembr . ultimo preterito habere fecit prefat . Williel . Sympson plenariam seisinam de Tenementis & Communia predictis integris cum pertin . prout per breve illud sibi precept . fuit , &c.

Gulston PAsche xiij . Caroli Primi Rot. 33. Cum alias Entry of a Challenge to the Sheriff for that he is Tenant in the Recovery , and thereupon a Writ of Seizen Awarded to the Coroners . prout patet Mich. xij . Caroli Rotulo 27. In Misericordia , &c. Et super hoc predicti G. & K. dic . quod predictus Johannes Ramsden est Vic. Com. predicti , Et ea de causâ petit breve domini Regis de habere faciend. eis plenariam seisinam de Manerio , &c. cum pertin . Coronator . Com. predicti dirigend , Et quia satis constat Curie hic per Retorn . brevium Com. predicti hic in Curia residen . quod Allegatio predicta vera Constitit , Ideo preceptum est Coronatoribus Com. predicti quod habere fac . prefat. G. & R. plenariam Seisinam de Manerio , &c. cum pertin . Et qualiter , &c. iidem Coronatores constare fac . hic indilate , &c. Postea scil. vicesimo secundo die Maii , isto eodem Termino Ven. hic in Cur. predicti G. & R. in propriis personis suis , Et quatuor Coronatores domini Regis Com. predicti vide licet R. L. E. D. F. G. & J. B. modo Mand. quod ipsi Virtute brevis predicti sibi directi xvj . die Maii ultimo preterito habere fecerunt prefatis G. & R. plenariam Seisinam de Manerio , &c. cum pertin . prout per breve illud sibi preceptum fuit , &c.

ss. TRin. 22 Car. 2. rotulo 136. ss. G. G. gen . in propria Recovery with single Voucher in a Writ of Right of an Advowson . persona sua petit versus C. H. Advocationem Ecclesie de B. quam ei injuste deforc . &c. Et unde dicit quod ipsemet fuit seisit . de Advocatione predicta ut de uno grosso per se ut de feodo & jure tempore pacis tempore domini Regis nunc , &c. Et sic inde seisit . ad Ecclesiam illam vacan . presentavit quendam T. C. Clericum suum qui ad presentationem ipsius G. fuit admissus institutus & inductus in eadem tempore pacis tempore domini Regis nunc capiend . inde exples . ut in grossis decimis , minutis decimis oblationibus & Obventionibus ad valentiam , &c. ut in jure Ecclesie sue predicte Et quod tale sit jus suum offert , &c.

ss. Et predictus C. per R. G. Attorn suum ven. & defend . jus predict . G. & seisinain suam quando , &c. Et totum , &c. Et quicquid , &c. Et maxime de Advocatione predict . ut de feodo & jure , &c. Et voc. inde ad War . E. Clent qui presens est hic in Curia in propria persona sua Et gratis Advocationem predictam ei War . &c. Et super hoc predictus G. petit versus ipsum E. tenen . per War. suam Advocationem predictam in forma predicta , &c. Et unde dic . quod ipsemet fuit seisit . de Advocatione predict . ut de uno grosso , &c. ut supra usque offert , &c.

ss. Et predictus Edmundus tenens per war. suam defend . jus predicti G. & seisinam suam quando , &c. Et totum , &c. Et quicquid , &c. Et maxime de Advocatione predicta ut de feodo & jure , &c. Et pon . se in magnam Assisam domini Regis nunc Et petit Recognitionem inde fieri utrum ipse majus Jus habeat tenendi Advocationem predictam sibi & hered . suis ut tenens inde per war. suam an predictus G. habend . Advocationem predictam ut illam superius pet. &c.

ss. Et predictus G. petit licentiam inde interloquendi & habet , &c. Et postea idem G. reven . hic in Cur. isto eodem Termino in propria persona sua Et predictus E. licet solempniter exact . non reven . set in contempt . Cur. recessit , & defalt . fac . Ideo cons. est quod predictus G. recuperet seisinam suam versus prefat. C. de Advocatione predict . tenend . eidem G. & hered. suis quiet . de predicto C. & hered. suis acetiam de predicto E. hered. suis imperpetuum Et quod predictus C. habeat de terra predict . E. ad valentiam , &c. Et idem E. in misericordia . Et super hoc predictus G. pet. breve Misericordia . domini Regis Vic. Com. predict . dirigend . de habere faciend. ei plenariam seisinam de Advocatione predict . & ei conceditur retornabile hic indilate , &c. Postea scilicet vicesimo secundo die Junii islo codem Termino ven. hic in Cur. predictus G. in propria persona sua Et Vic. videlicet T. G. Ar. modo mand . quod ipse virtule brevis illius sibi directi 18. die Junii ult. preterit . habere fec . prefat. G. plenar . seisinam de Advocatione predict . prout per breve illud sibi preceptum fuit , &c.

ss. Trin. 22. Car. 2. rot. 137. Devon . ss. Similis Recuperatio super brevi de Recto de Advocatione , Nota. de Medietate Advocationis portionis de Pitt in Ecclesia de Tiverton .

ss. If the Vrit of Entry be retornable so late in Recovery indorsed upon the Label . the Term , that the Writ of Seisin cannot come in , retornable the same Term , but that it must be retornable the next Term , Then observe after the retorn of the Writ of Seisin in the Exemplification to break off , and conclude with Quae omnia & singula , &c. And indorse upon the Label , Ad quem diem hic ven. predictus ( petens ) in propria persona sua Et Vic. videlicet A. B. Miles modo mand . quod ipse virtute brevis illius sibi direct . primo die Junii ult. preterit . habere secit prefat ( petenti ) plenariam seisinam de tenementis predictis cum pertin . prout per breve illud sibi preceptum fuit , &c. But in the Roll there is not any such distinction .

A Writ of Summons and Retorn . CArolus Secundus Dei gratia Anglie , Scotie , Francie & Hibernie Rex , fidei defensor , &c. Vic. Eborum salutem

Sum. per bonos Summonitores Willielm . Cotterel & Johannem Cotterel ( Vouchees ) quod sint coram Justic . nostris apud Westm. à die S. Trinitatis in quindecim dies ad War . Willielmo Payler & Richard● Payler ( les Tenants ) Manerium de A. &c. ( recitando omnes parcellas nominatas in brevi de Ingressu ) que Willielmus Satherwaite & Willielmus Burrowes ( les Demandants ) in Curia nostra coram Justic . nostris apud Westm. clam . ut jus suum versus prefatos Williel . Payler & Rich. Payler per breve nostrum de Ingressu super disseisinam in le Post , Et unde iidem Willielmus & Richardus in eadem Curia nostra voc ▪ predictos Williel . Cotterel & Johannem sum . in Co●a . tuo ad War. versus eos ( les Demandants ) Et habeas ibi sum . & hoc Breve . Teste , &c.

Retorn . inde Sum. Johannes Den Johan . Ramsden , Miles Vic. Richard . Fen

Note , That the Writ of Summons must bear the Teste of the Return of the Writ of Entry .

A Writ of Seizen . CArolus Secundus , &c. Vic. H. salutem

Scias quod J. P. in Cur. nostra coram Justic . nostris apud Westm. recuperavit seisinam suam versus A. B. de uno Mesuagio , &c. per breve nostrum de Ingressu super disseisinam in le Post : Ideo tibi precipimus quod prefat. J plenariam seisinam de tenementis predictis cum pertin . sine dilatione habere fac . Et qualiter hoc preceptum nostrum fuer is execut . constare fac . Justic . nostris apud Westm. indilat● ( vel in Crastino Trin. ) Et habeas ibi hoc breve .

Teste , &c.

Retorn . inde Virtute isi ius brevis mihi directi 16 die Maii Anno infrascripto habere feci infra nominato J. plenar . seisinam de tenementis infra sp●c . cum pertin . pr●ut interius mihi precipitur .

R. F. Ar. Vic.

The Form of a Surrender or Lease to make a Tenant to the Precipe .

THis Indenture made , &c. Between A. B. of , &c. of the one part , and C. D. of , &c. of the other part , Witnesseth that whereas the said A. B. doth hold for the term of his life , One Mesuage , &c. in D. in the County of E. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his Heirs , or to the Heirs of his body , lawfully begotten , for ever : Now the said A. B. for the perfecting of some Assurance shortly to be made of the same Mesuage , &c. by way of Common Recovery hath granted and surrendred , and by these presents doth grant and surrender unto the said C. D. and his Heirs , upon the Condition herein after-mentioned , All that the said Mesuage , &c. And all the Estate , Right , Title and Interest of him the said A. B. therein , To have and to hold to him the said C. D. and his Heirs upon Condition That if the said C. D. do not pay , or cause to be paid unto the said A. B. the sum of One Thousand pounds of lawful mony of England , upon the first day of , &c. next ensuing the Date hereof , That then and from thenceforth this present Grant and Surrender shall be utterly void and of none effect , and that then also it shall and may be lawful to and for the said A. B. into the said Mesuage , &c. to re-enter and the same to have again , re-possess and enjoy , as in his former Estate and Right , any thing in these presents contained to the contrary in any wise notwithstanding . In Witness , &c.

The Form of Drawing a Recovery at the Bar , by the Sergeants at Law .

ONe of the Sergeants retained for this purpose must speak to the Chief Iustice upon the Bench , and say demaundes , and shew the Tenant .

After leave given by the Court the Sergeant counts by the Prothonotaries Remembrance , according as the Writ is there entred in this manner , by the first Sergeant , viz.

Ceo vous monstre Jean at Oakes , que Jean at 1 Sergeant . Style a tort luy desorce de l'Mannor de Sale ovesque les appurtenances en le Countie de M. ( and so recite all the Lands as they are expressed in the Prothonotaries Remembrance delivered unto him ) Et pur ceo a Tort entan● que est son droit & son inheritance d'ount il mesm' fuit seisie en son demesne come de Fee & droit en temps la peace en temps la Raigne nostre Seigniour le Roy que ore est , & les esplees on t prist Come en faucher de blees amountant al value de demie Mark & plus , & en quel le dit Jean at Style n'ad pas entre si non puis disseisin quel Hugh Hunt de ceo torciousment & sans judgment ad fait al dit J. O. deins 30 ans darrein passe , Et si le dit J. S. ceo voile dedire vous aves cy le dit J. O. que ont ad port son Suit bon .

Then the Sergeant of the Tenant must say chus ;

Vous aves cy le dit J. S. que defend le tort & 2 Sergeant . force & vouch a garanty A. B. Et prie que il soit s 〈…〉 on deins le Countie avant dit per le aid de cest Court.

Then the Sergeant of the Vouchee must desire 3. Sergeant . the Iudges to Record the appearance of the Vouchee ( if it be with a double Voucher , and so of every Vouchee , unless it be the Common Vouchee ) which done , he must say , Vous aves cy le dit A. B. que cy est prist d'entre en la Garantie , & prie que le demandant counteroit envers luy .

Then the first Sergeant must say , Autiel Count 1 Sergeant . mutatis mutandis .

Then the Sergeant of the Vouchee ( being the 3. Sergeant . third Sergeant ) must say thus ;

Autiel defence mutatis mutandis , vous avez cy le dit A. B. que vouch a Garanty Edmund Clent , Et prie que il soit summon en la Countie avant dit per le aid de cest Court.

Then the fourth Sergeant must say , Vous avez 4. Sergeant . cy le dit Edmund Clent que cy est prist d'entre en la Garanty , Et prie que lei demandant Counteroit envers luy .

Autiel Count mutatis mutandis . 1 Se●g .

Autiel defence mutatis mutandis , vous avez cy 4 Sergeant . le dit Edmund Clent que le dit Hugh Hunt ne disseise pas le dit J. O. si come le demandant per son briefe & Count suppose , Et sur ceo luy mitta sur la pais .

Ove vostre conge nous voilumus imparle . 1 Sergeant .

NB. The Demandant useth not to come to the Bar , but onely he that is Tenant to the Precipe quod reddat , and the Vouchees in person ( unless by Warrant of Attorney as before ) There must be one Sergeant for the Demandant , one for the Tenant , and a several Sergeant for every several Vouchee .

DIRECTIONS For Sueing out RECOVERIES Together with the Usual FEES Incident thereunto .

DRaw your PRECIPE in Pape● in the same manner as you are directed in the beginning of this Treatise , which being drawn you must carry it to the Cursitor of that County wherein the Lands lye , who will thereby make you a Writ of Entry sur disseisin in le Post . When your Writ of Entry is made , you must carry it to the Alienation Office ( now in the Inner Temple ) and their compound it with one of the Commissioners , then pay the Fine to the Receiver , who there attends to take it , and then you must get the Writ of Entry entred into the Commissioners Book , and there Indorsed with Mr. Crew's ( the Doctors ) hand , with the hands of two of the Commissioners unto it . Then carry it back to the Cursitor to be Sealed , from whence you must carry it to the Kings Attorney General for his hand .

Then , in case the Tenant in your Writ of Entry does appear in person so that your Recovery may be taken at the Bar , you must ingross your Precipe in a large hand in that Prothonotaries Office in which you enter according to this form .

Midd. ss. PR. Willielmo Herne quod juste , &c. reddat Johanni Adams gen . unum Mesuagium & decem acras Pasture Tenens in propria persona vocat Edm. Clent . cum pertin . in Enfield . que clam . &c.

In this manner you are to enter a Precipe for a single Voucher upon the Remembrance , but if it be for a double or treble Voucher it must be still the same except in the Margin of the Precipe : If it be for a double Voucher you must say , Tenens in propr . persona vocat Henr. Howse qui presens vocat Edmundum Clent . And if it be with a treble Voucher say thus , Tenens in propria persona voc. Henr. Howse , qui presens voc. Thomam Greene , qui presens vocat Edmundum Clent .

Then when you are ready to have your Recovery taken at the Bar , having your Tenant and Vouchees ready , the Court being at leisure deliver the Remembrance , on which your Precipe is entred to one of the Sergeants at the Bar , who with two more of his brethren , if it be a single Voucher ; three more if it be a double Voucher ; or four Sergeants more if it be with a treble Voucher will soon dispatch you : which being done carry back the Remembrance to the Prothonotary sitting in Court who will mark it , Ad Barram , in the Margent of the Precipe , and pay the Fees in Court. All which being done , then draw your Recovery , enter it upon a Plea Roll , which the Prothonotary will give you for that purpose ; Then make an Exemplification thereof for your Clyent , then make your Writ of Seisin , and return the same together with your Writ of Entry according to your Precedents in such cases ; Then examine your Recovery with the Prothonotary ( having first perfected the Precipe in the Remembrance according to the Teste and Retorn of your Writ of Entry ) then docket your Recovery , which done the Prothonotary will sign your Exemplification and Writ of Seisin , both which you must get Sealed ; Then carry your Writs of Entry and Seizin to the Inrollment Office in the Temple to be Inrolled , and lastly file your Writs of Entry and Seizin , with the Custos brevium of the Common Pleas , who also keeps his Office in the Temple .

Note , You may pass your Recovery at the Bar before you sue out your Writ of Entry for the better dispatch of your Clyent , and so is the Common use .

Note , If your Clyent be a Nobleman , you must place him in the middle of the Bar , between the Kings Sergeants or the two other eldest Sergeants in their absence .

Note , The Demandant in any ▪ Recovery need not appear at the Bar.

But if your Recovery be with a single Voucher , and the Tenant to the Precipe do not appear at the Bar , in such case you may sue out a Dedimus Potestatem from the Cursitor directed to Commissioners to take the Caption , having ready Iugrossed your Precipe quod reddat , and Warrant of Attorney , as your Precedent directs ; then having your Dedimus Potestatem executed and returned from the Commissioners , carry the Caption back again to the Cursitor , who will make you a Mittimus and Transcript of all your proceedings , which you must enter in a small hand upon a Plea-Roll ( taken from the Prothonotary ) beginning with the Mittimus which is the least of the two Writs , and filed backwards ; which having Recorded verbatim and litteratim ; then in one continued Line begin and go on with the annexed Writ of Dedimus , and do the like to the end ; and then about a thumbs breadth distance , begin underneath and make an entry of your Recovery in great hand on the same Roll.

But if your Recovery be with a double Voucher ( which is most usual ) and the Tenant to the Precipe do not appear at the Bar , then your proceedings are as followeth : You must sue out a Writ of Summons against the Tenant , together with a Dedimus Potestatem , as before directed ; and at the fifth Return , inclusive from the Writ of Entry , accounting that of the Writ of Entry for one , the Writ of Summons returned , together with a Transcript of the Entry of the Summons being fairly Ingrossed , and a Transcript of the Caption , being ( as before ) made by the Cursitor , being all fixed together you may so pass it at the Bar. And in case the Vouchee do not appear at the Bar at the Return of the Summons ; then you are to make out another Writ of Summons against the Vouchee , and to proceed as before ; and having all your Writs and Transcripts fixed together , you are to deliver it to a Sergeant to be past at Bar.

But if your Tenant do appear at Bar , then you must have a Writ of Summons against the Vouchee , and so against every Vouchee , if it be with more Vouchers , and proceed therein as before directed .

Note , You must make due Entries upon Record of all your proceedings as they go on .

Note , That Captions may be taken before a Iudge of Assize , and Certified without a Dedimus .

Note , You having Ingrossed your Summons in Parchment , may examine it by the Roll with the Prothonotary : In like manner you may pass it at Bar , by the return of the Caption , before you have a Transcript thereof from the Cursitor , as well as afterwards .

Note , You must carefully file all your Warrants of Attorney with the Clerk of the Warrants , and all your Writs whatsoever with the Custos brevium .

Note , If your Clyent will be at the Charge , you By the Stat. 23. El. Cap. 3. an Office was erected for the Inrollment of Writs of Entry and Seisin , and Writs of Covenant ; and it is thereby Enacted that the Exemplifications of such Writs shall have the same force and power as the Writs themselves . may have both the Writs of Entry and Seizin exemplified with their Returns , for fear of any miscarriage in filing them , which Exemplifications are usually had at the Inrollment Office , now kept by Mr. Sergeant in Brick-Court in the Middle Temple .

Note , The most proper way to find out a Recovery formerly past is to search with the Clark of the Warrants , who useth to take Notes out of all the Plea Rolls of all the Prothonotaries Offices , and enters them all distinctly and fairly into a Register-book , every Office by it self , and also the number Roll.

TheChargeofaRecoverywithsingleVoucherwheretheTenantappearsatBar. l. s. d. FOr drawing the Precipe 0 2 6 For taking it into the Remembrance 0 1 0 To the Cursitor for the Writ of Entry 0 2 6 New Imposition for the Seal 0 0 6 The Kings Fine rated by the Commissioners According to the value of the Land . New Imposition According to the Rate . To the Receiver 0 0 6 For Mr. Crews hand Entring and Indorsing in Term time 0 1 2 For drawing it at Bar , to three Sergeants 0 10 0 To the Box 0 0 6 Common Vouchee 0 0 4 To the Attorney General for signing the Writ of Entry 0 10 0 The Secondary in Court receives 0 2 6 Return of the Writ of Entry 0 2 0 For drawing the Count and Iudgment 0 2 6 For Exemplifying it and Parchment 0 7 6 To the Prothonotary for the Entry thereof 0 10 6 For Sealing thereof 0 2 2 Imposition 0 7 6 For the Writ of Seizin and Retorn 0 4 0 For the Seal thereof , and Imposition 0 1 1 For filing the Writs of Entry and Seizen , with the Custos Brevium and Common Vouchee 0 2 4 Attorneys Fee 0 6 8 But if your Recovery be with double Voucher , the Prothonotary will have of you for the Entry thereof 0 14 6 And for every treble Voucher 0 18 6 And to the Clerk for every Voucher more 0 2 0

TheChargeofaRecoveryby Summons , Warrant ofAttorney,andDedimus. l. s. d. FOr drawing the Precipe and Warrant of Attorney 0 3 4 Dedimus Potestatem 1 4 2 Cursitor for the Transcription of the Return and Imposition 0 11 0 For making the Writ of Summons 0 2 0 Sealing thereof with the Imposition 0 1 1 Entry of the Summons to the Prothonotary 0 4 6 If with a Warrant of Attorney , then 0 6 6 To the Clerk for drawing and ingrossing the Summons 0 2 6 To the Clerk for entring the Summons with Mittimus and Dedimus on the Roll 0 5 4 For making and filing every Warrant of Attorney 0 1 4 For Return of the Writ of Summons 0 2 0 For filing thereof 0 1 0

ChargesExtraordinaryiftheRecoverundertheGreatSealofEngland. l. s. d. For the Certiorari 0 13 4 For the allowance thereof 1 9 6 For the Clark for his pains 0 6 8 For the Exemplification , every Skin 1 6 8 And to the King for the first Skin for Imposition 2 0 0 And for every other Skin Imposition 1 0 0 For the Seal 1 0 6

FINIS .