ordained and established the above-bounden c. Bayliff of the c. for and during all such time as the said c. shall be and continue High-Sheriff of the said County If therefore the said c. during all the time aforesaid do well and truly execute all warrants precepts process and commandments to him hereafter to be directed from the said c. and c. Gent. his Under-Sheriff his or their Deputy or Deputies and due and sufficient returns do well and truly make and also do give notice of the execution thereof unto the said High Sheriff or Under-Sheriff in convenient time before the returns of the same and the fees of them and of and for every other cause matter or thing whatsoever happening within the said c. due and payable within one month next after the receipt thereof do pay or cause to be paid to the said High-Sheriff or under-Sheriff his or their Deputy or Deputies And that the said c. do not ask or levy any Fee or Fees due to the said High-Sheriff or Under-Sheriff for the executing or doing of any warrant or precept whatsoever but such as are warranted and justifiable by the Laws Statutes and Customs of this Nation And do also well and truly execute and return all Warrants Precepts Distring of Fieri facias and process to him directed from the Justices of Assize and Goal-Delivery Justices of Oyer and Terminer Justices of the Peace Coroners Commissioners of the Sewers Clerk of the County and from all other Officers Commissioners and Ministers of the Kingdom having authority during all the time aforesaid and further do levy and gather all such Sums of money as the said High-Sheriff shall be charged with by reason of the said Office and leviable within the said c. being written or extracted to the said Bayliff from the said High-Sheriff or Under-Sheriff and do pay or cause to be paid to the said High-Sheriff or Under-Sheriff the Sums of money within one moneth after the receipt of the said extract or writing And also if the said Bayliff do well and truly pay or cause to be paid to the said High-Sheriff or Under-Sheriff the Sum of c. of lawful money of England for the Fee-farm of his c. and all other Rents and Fee-farms at the Feast of the Aununtiation of the blessed Virgin Mary and St. Michael the Arch-Angel by even and equal portions due to the King within the said c. And also if the said Bayliff do deliver or cause to be delivered in writing unto the said High-Sheriff or Under-Sheriff before c. next coming the names of all such Free-holders within the said c. which have Four pounds per annum Free-hold or more together with the names of the Towns wherein they dwell and also the names of the Towns Villages and Hamlets within the said c. And the Towns and Villages which ought to have Return and Execution of Writs And also if the said Bayliff shall give his personal Attendance upon the High-Sheriff and Under-Sheriff as well at the County Court and such general Quarter-Sessions which the Bayliff of the said c. have usually in former times attended as also at all other times when the said High-Sheriff or Under-Sheriff shall require his attendance and shall carefully and diligently do and execute whatsoever he shall be lawfully required to do at Assizes Goal-Deliveries County-Court Quarter-Sessions Coroners Enquest and all other Services to be done for the Kingdom and all and every person and persons whatsoever and at all and every time and times upon every reasonable request to him in that behalf to be made And also shall be attendant upon the said High-Sheriff and Under-Sheriff his or their Deputy or Deputies and Officers in and about conveying of prisoners to and from the Goal c. or to and from any place or prison whatsoever to be appointed by the said High-Sheriff or Under-Sheriff And also at the Execution of prisoners aforesaid and not to depart before Execution of the prisoners fully be had and done and shall well and truly execute the Office of a Bayliff in all things during the said time And if the said Bayliff do take any distress upon every Alias or Plures Distringas which issue and be directed to him out of the County-Court to be holden for the said High-Sheriff and do make due and lawful Returns of the same and do safely keep such distresse so taken for the use of the said High-Sheriff in case the same be forfeited And also if the said c. his Executors and Administrators do at all and every time and times hereafter defend save keep harmlesse and indemnified the said High-Sheriff and his Under-Sheriff his and their Heirs Executors and Administrators and every of them and his and their Lands Goods and Chattels as well from and against the King and all and every person and persons whatsoever concerning the premisses or any part of them and also for and concerning the escape or escapes of any prisoner or prisoners that shall be in the custody of him the said c. within the said County by him arrested to him hereafter to be committed upon any Warrant Precept or Commandment from the said High-Sheriff or Under-Sheriff And for and concerning every other matter cause or thing whatsoever appertaining to his said Office and the Secrets of the said High-Sheriff shall keep undisclosed and unrevealed in all things that are lawful and shall also within convenient time deliver or cause to be delivered all Precepts Warrants and Extracts to other Bayliffs of the said County according to the Directions he shall receive from the said High-Sheriff or Under-Sheriff or any other by his or their commandment or appointment Then this present Obligation shall be void and of none effect or else shall stand remain and be in full force power effect and vertue A Condition to save harmless for payment of several Legacies THe Condition of this Obligation is such That whereas M. D. late of St. I. in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the c. of c. in the year of our Lord God c. did amongst other Legacies and Bequests give and bequeath unto J.S. the Son of the within bounden W.S. c. of lawful money of England and to T. S. Daughter of the said W.S. one Pewter-platter one Pewter-Dish three Pewter Saucers and five shillings of lawful money of England and also to S.S. another of the said Daughters of the said W.S. five shillings of like money as by the same Will more at large appeareth which said Sums of five shillings a piece Pewter-platter Pewter-Dish and three Saucers the within named J. S. Executor of the last Will and Testament of the said M. D. hath at the request of the said W. S. at and before the sealing and delivery hereof paid delivered and disbursed unto the said W.S. for the use and behoof
conveying of Hesters third part to J. F. and his Heirs suffer a recovery and by this Deed together with the Tenants of the Free-bold and the Recoverors direct the use of the same Recovery THis Indenture Tripartite c. Between Sam. N. c. and Hest his Wife one of the Daughters and Co-heirs of W. K. late of c. deceased of the first part J. F. the younger of c. of the second part and T. Y. of c. and N. L. and B. T. of the third part witnesseth That whereas the said S. N. and Hester his Wife in the right of the said Hester were at the beginning of the Term of St. Michael now last past and before seized in Fee-rail with divers remainders over of and in one full third part the whole into three equal parts to be divided of all that Tenement c. containing by estimation one Yard-land with the appurtenances set lying and being in Dundry aforesaid in the said County of Somerset and of and in all Houses Edifices Buildings Barns Stables Orchards Gardens Backsides Lands Tenements Meadows Leasows Pastures Commons Common of Pasture Woods Under-woods Profits Commodities Emoluments and Hereditaments whatsoever to the said Messuage and Premises or any of them or to any part and parcel of them belonging or in any wise appertaining and whereas the said S. N. and H. his Wife being so seized as aforesaid since the beginning of the said last Term of Saint Michael did for and in consideration of the sum of 100 l. of c. to them by the said J. F. before the ensealing and delivery hereof well and truly paid and satisfied whereof they do hereby acknowledge the receipt and thereof and of every part and parcel thereof do clearly acquit and discharge the said J. F. his Heirs Executors and Administrators by these presents conclude and agree to and with the said J. F. to convey and assure to the said J. F. his Heirs and Assigns for ever to the only and proper use and behoof of him the said J. F. his Heirs and Assigns for evermore the one full third part of all and singular the Tenement Cottages Lands and Premises before in these presents mentioned or expressed and of all and singular other the Messuages Lands Tenements and Hereditaments whatsoever within the Parish of Dundry and Chiew aforesaid or either of them whereof the said William King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance by such wayes means and assurance in the Law as by the Council of the said J. H. should be advised and thought meet and whereas it was advised and thought meet by the Council of the said I. F. and concluded and agreed by and between the said Parties to these presents that a common recovery with double Voucher should be suffered and executed of the said third part by the said S. M. and H. his Wife of the Messuages Tenements Cottage Land and Premises before in these presents mentioned or expressed for the cutting off the said intail and barring all remainders and for the assuring and setling of the Inheritance of the same third part to and on the said I. F. his Heirs and Assigns for ever in pursuance of which said advice conclusion and agreement they the said S. N. and Hester his Wife by their Deed indented bearing date the first day of this instant Moneth of November and inrolled in the High Court of Chancery the nineteenth day of the same Moneth made between them the said S. N. and Hester of the one part and the said T. Y. of the other part have granted bargained and sold to the said T. Y. and his Heirs one full third part the whole in three equal parts to be divided of all and singular the Tenement Cottage Lands and Premises before in these presents mentioned or expressed and of all and singular other the Lands Tenements and Hereditaments whatsoever within the Parishes of Dundry and Chiew aforesaid or either of them whereof the said W. King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance and the Rents Reversions and Services thereof to be had and holden to the said T. Y. perfect Tenant of the Free-hold of the premises that a good perfect and common recovery with double Voucher might thereof be had and executed in pursuance of and according to the said conclusion and agreement and whereas afterwards in the same Term of St. Michael according to the conclusion and agreement aforesaid the said N. L. and B. T. did pursue out of the said Court of Chancery one Writ of Entry sur disseisin en le post returnable before the Justices of the Court of Common-Pleas at Westminster whereby the said N. L. and Ben. T. demanded against the said T. Y. the said part of the Messuage Tenement Cottage Lands and things herein before mentioned or expressed and by the said conclusion and agreement meant or agreed to be assured or conveyed to the said J. F. and his Heirs as aforesaid by the names of the third part of two Messuages of thirty acres of Land of ten acres of Meadow of thirty acres of Pasture of three acres of Wood and Common of Pasture with the appurtenances in Dundry and Chiew in the County of Somerset to which Writ the said T. Y. appeared in person and after declarations against him by the said N. L. and B. T. he the said T. Y. appeared in person at the Bar of the said Court and vouched to warranty the said S. N. and H. his wife who likewise appeared in person and did enter in the warranty and afterwards vouched over the common Vouchee who did likewise appear in person and after declaration against him made defence and afterwards made default whereby several Judgments were had according to the course of common recoveries used in the said Court of Common-Pleas witnesseth now further this present Indenture and it is hereby explained declared and expressed that the true intent and meaning of all the said Parties to these presents before and at the time of the 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 enure and the said recoveries and their Heirs shall for ever hereafter stand and be seized of and in the said third part of the said Tenement Cottage Lands and Premises before-mentioned with the appurtenances to and for the only proper use and behoof of him the said J.F. and of his heirs and assignes for ever and to or for none other use intent or purpose whatsoever for that end purpose according to the advice of the Council and the conclusion and agreement aforesaid the said S. N. and H. his wife for them and their Heirs and every of them do and either of them doth by these
hereafter and from time to time clearly acquit exonerate and discharge or otherwise well and sufficiently save and keep harmless and indempnified the above-named I. E. his Heirs Executors and Administrators and his and their goods chattels lands tenements and hereditaments and every of them of and from all debts duties bills bonds specialties and demands whatsoever which at any time and times hereafter shall and may be duly and lawfully demanded or recovered of or from the said I. B. his Heirs Executors and Administrators by any person or persons whatsoever for or by reason of any reckoning duty specialty debt or demand whatsoever due owing or payable by the above-named R. T. deceased to any person or persons whatsoever and also of and from all costs charges sutes arrests judgements executions and demands whatsoever which shall or may happen come grow to be unto or against the said I.B. his Executors Administrators or any of them for upon or by reason thereof and also if A. T. daughter of the said E. T. and such persons as she shall intermarry withall within one month next after she the said A. shall be lawfully married or shall accomplish her full Age of Twenty one years which shall first or next happen do and shall make seal and deliver as his her or their act and deed a good sufficient and lawful acquittance discharge and release under his her or their hands and seals unto the said I. B. his Executors and Administrators of for or concerning all sum and sums of money gifts legacies bequeaths and demands whatsoever given and bequeathed unto the said A. in and by the last Will and Testament of the said R. T the same release to be made in such manner and form as by the said I.B. his Executors or Administrators or his or their Councel shall be reasonably devised or required that then c. A Condition from a Goaler to an under-Sheriff for saving harmless THe Condition That if the above-bounden A. B. Deputy-Goaler to T.T. Servant to c. do from time to time receive and take into his ward and custody within the Goal at the Castle of Lancaster in the County of Lancaster aforesaid all such person and persons prisoner and prisoners which shall fortune to be committed or sent to the said Goal or committed to the ward and custody of the said Goaler by the said Sheriff or his Deputy or by any Justice or Justices of Peace or by any other having lawfull authority to commit persons or prisoners to the said Goal and the same person or prisoners so committed as aforesaid do well and truly duly and sufficiently by his own proper person or by his sufficient Deputy or Deputies so keep that the said Sheriff his Heirs and Executors all the Lands Tenements Goods and Chattels of the said Sheriff be saved harmless from all losses penalties amerciaments and damages whatsoever as well against the Commonwealth of England as also against all other person and persons of for and concerning the custody and keeping of the said Geal and prisoners within the said Castle of Lancaster or elsewhere in the said County of c. and likewise do discharge save and keep harmless the said Sheriff his Heirs and Executors and all those his Lands Tenements Goods and Chattels from time to time and at all times hereafter of and from all and every escape and escapes as well of convict persons Reprieves and Felons and of all other persons now committed for any contempts condemnations trespasses or misdemeanors which may happen or chance hereafter to be committed to the said Goal for any the causes aforesaid during the time the said A.B. shall be Deputy or Goaler to the said T. T. and the said T.T. continue Sheriff And likewise that if the said A.B. or any other by his consent privity or appointment in any wise let to bail or mainprize any prisoner or prisoners to him committed as aforesaid not bailable by the Lawes of the Realm without the special commandment or appointment of the aid Sheriff and if the said A. B. or his sufficient Deputy be ready to give his attendance upon the said Sheriff and his Deputy at all times necessary and convenient and all and every lawful thing and things that he shall be required to do by the said Sheriff or his Deputy touching or concerning the c affairs and businesse wherewith the said Sheriff is or shall be charged or imployed in or about the keeping of the said Goal or Prison that then c A Release of Recognizance assigned to one TO all Christian People c. P. V. of London Merchant stranger sendeth greeting in our Lord God everlasting That whereas the Right Honourable W. Earl of Derby Lord Stanley Lord of Man and the Isles T. Ireland of Grayes-Inn in the County of Middlesex Esq H. C. of Knowsley in the County of Lancaster Gent. and H. Adys of Button in the County of Dorset Gent. by other writing of Recognizance or Statute-Staple bearing date the sixth day of July c. taken and acknowledged before Sir J. P. Knight Lord Chief Justice of England stand bound to Peter H. Citizen and Alderman of London in 3200 l. of c. payable as in and by the same Writing of Recognizance or statute more at large doth appear And whereas the said Peter H. by his sufficient Deed or Assignment in writing bearing date the five and twentieth day of c. in the c. did for divers and certain considerations him thereunto especially moving grant assign and set over unto me the said P. Vanloor as well the said Recognizance or Statute and the said debt of 3200 l. and all his said right title and interest which he the said Peter Houghton then had or ought to have had in and to the same to have and to hold the said Recognizance or Statute and the said debt of 3200 l. aforesaid and all his said right title and interest in and to the same unto the said P. V. my executors and assigns as our own proper goods and chattels for ever as by the said Assignment amongst other Covenants and Clauses therein contained more fully at large it doth and may appear Now know ye That I the said P. V. for divers good Causes and Considerations me hereunto especially moving have remised released and quit-claimed and by these presents for me my executors administrators and assigns and every of us do remise release and for ever quit-claim unto the said Henry Adys his Heirs Executors Administrators and Assigns and every of them the Recognizance or Statute aforesaid and the penalty and forseiture thereof and also all and all manner of Actions Arrests Extents Judgements Executions Condemnations Liberates Seizures Debts and demands whatsoever which I the said P. V. or the said P. H. or either of us now have shall may might or ought to have against the said H. Adys his Heirs Executors Administrators and Assigns or any of them or his their or any
Corn not being of their own tilth or rent-corn not being licensed thereunto according to the Statute lately made 10. Item To observe and answer how Vagabonds are taken up and punished and to see how the impotent poor are provided for without being suffered to wander abroad for relief out of the Parish 11. Item You shall enquire of what value and sufficiency of estate and discretion the Petty Constable is within every several Town within his County that hereafter no man be admitted to be a Petty-Constable except he be a Subsidy-man and of good understanding 12. Item You shall inquire and present all Masters that shall retain their Servants out of their general Petty-Sessions or give greater Wages than shall be set down by the Justice and whether the Petty Sessions be duly kept at the times accustomed so as none may be retained but in Petty Sessions except it be in cases of necessity and then the said retainer to be known unto the Chief-Constable of the Hundred and to be entred into their Book 13. Item You shall give warning to every Petty Constable that every one in his or their several Parish or limit do take heed that no Cottage be newly builded that every Constable when he shall see any stuffe or stone clay or timber provided by any Inhabitants within his Parish and minded to build a Cottage shall speedily give notice thereof to the Justices of Peace for that limit that the said Justices of the Peace may take present order for the suppressing thereof 14. Item If any Lord or Free-holder out of his private Devotion or otherwise shall build or erect any Cottage not laying thereunto four Acres of Lands according to the Statute then the Justices of the Peace shall take order that the said Lord or Freeholder shall maintain the Poor that shall inhabit in the said Cottage and if the said Lord or Free-holder shall refuse so to be ordered then the said Justices of the Peace shall take Recognizance of such Lord or Free-holder for their appearance at the next Assizes and general Goal-Delivery to answer for his refusal and contempt as for the building of the said Cottage 15. Item You shall make diligent inquiry what unlawful games drunkenness whoredom incontinency evil vile and other disorders be committed by Masters of Housholds in their several Families or by their Children or Servants for want of good government of the Housholders and to present the same for that upon the good ordering of private Families the Commonwealth doth depend 16. Item You shall make diligent inquiry what Servants before the time they were retained to serve were turned out of service and for what cause the Servant is so turned away for that thereby many become Rogues and idle persons and to present the same to the end Masters may be punished for such offence according to their demerit in that behalf 17. Item To inquire of all Purveyors and Poulterers which but any Victuals and sell the same again at unreasonable Rates 18. Item To inquire of all Dove-houses erected or maintained by any not being Lord of the Mannor or Parson of the Town Points of Law by R.O. concerning Lord and Tenant c. 1. IF the Lord take away any part of the Demised Premisses and exclude the Tenants by walls c. it is an extinguishment of his Rent 2. If a Landlord covenant with his Tenant to rebuild any Room and do not whereby the Tenant receiveth loss the Tenant may have an Action upon the Case upon his Parol-covenant wherein he may recover what he can prove himself damnified 3. If the Landlord hath manure lying in the ground of the Tenant and except it not at the Demise the Tenant may dispose the same as he sees cause for his own conveniency for being a place for a manure-hill the Tenants necessity will require use of it and that the Tenants may better and safer dispose it let him mix some of his own manure with it and then he may either sell it or lay it upon what ground he will 4. The Landlord digs a Saw-Pit c. After the ground let it is the Tenants and he may have an Action against any that during that time without his consent meddles with it 5. The Landlord after the Demise lops tops cuts and fells Timber Willows Sallows Thorns and other Wood during the Lease the Landlord cannot without consent of the Tenant meddle with the Woods not being excepted in the Lease 6. The Tenant may cut any Water-boughs Thorns Willows Alders c. for necessary Hedge-boot Fire-boot but not to sell and if he left Ashes 't is an Action of Waste in the Tenant 7. If the Landlord lay Hay in any Room of the Tenant c. and the Tenants Man or Maid or himself fodder his Cattle with it what remedy hath the Landlord against the Tenant and the Tenant against the Landlord An Action lieth against the Lord for laying his Hay there but the property of the Hay there is still notwithstanding in the Landlord and if the Tenant fodder his Cattle with it the Lord hath his Action 8. If a man let a Cow to her and after take her to the Market to sell and do not an Action of Trespasse lieth against the Owner for driving of her to the Market 9. If he 〈…〉 the Cow is letten sell the Cow and render the monâ—◠〈…〉 Owner what danger to him that sold her The Cow is to be returned and not her price and 〈…〉 refuse the price he may bring his Action but shall recover but her worth 10. If the Lord promise to put in repair any houses c. and do not if any of them fall down for want of mending what remedy hath the Landlord against his Tenant for not repairing the same An. If any of these things that the Lord was first to put in repair and did not decay the Tenant is not bound to repair them and if by permission they come to ruine it is the Landlords fault and the Tenant is free 11. If the Landlord promise to fence in a piece of ground where the Tenant is to sow Hemp and Corn and do not but so as the Tenants goods cannot be kept out but destroy his Corn. An Action upon the Case lying against the Lord upon the Promise 12. Cutting up Timber-Trees Fruit-Trees Hedgerow-Trees that shelter the houses are waste the Tenant hath interest in the rest if not excepted 13. A.B. hath his Horse strayed from him and finds him in the custody of C.D. and demands him of C.D. finding him in C.D. his draught and C.D. will not deliver him without 8 d. per week allowance and by delayes detains the Horse till the year be expired A.B. may recover his Horse by Detinue or Action upon the Action of Trover and Conversion wherein he must prove the Property of the Horse to be his and the other will be allowed fitting recompence for his Food but no longer than until he was owned and
Lord Herbert and Richard Herbert or either of them whereof they the said E. Lord R. and H. or either of them are or do stand seized of any Estate or Inheritance within the Kingdome of Ireland by such name or names quantities qualities contents and numbers of acres of things in such manner and form as by the said E. L. H. and R. H. or either of them shall be reasonably devised or advised and required in and by which Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged the said E. L. H. and R. H. shall acknowledge the said Mannors Lordships Messuages Lands Tenements Hereditaments and all and singular other the premises with their and every of their appurtenances to be comprised in every such Fine to be the right of the said M. L. as those which the said M. L. and G. H. have of the gift of the said E. L. H. and R. H. the which said Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged shall be and enure and shall be deemed adjudged esteemed reputed and taken to be and enure to the use and behoof of the said M. L. L. and G. H. and their Heirs to the intent and purpose that they the said M. L. L. and H. G. may become perfect Tenants of the Free-hold of the said Mannors Messuages Lands Tenements Hereditaments and Premises 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 hereby further covenanted and agreed by and between the said parties to these presents that it shall and may be lawful to and for the said J. E. of B. and E. H. to bring pursue and prosecute against them the said M. L. L. and H. G. one or more Writs of every sur disseism en le post of and for the said Mannors Lordships Messuages Lands Tenements Rents Hereditaments and all and singular other the premises with their and every of their appurtenances by such name or names quantities qualities contents and numbers of acres and things in such sort manner and form as by the said E. L. H. and R. H. or their or either of their Council learned in the Law shall be reasonably devised advised and required the which said writ or writs of Entry sur disseisin en le post so as aforesaid or in any other sort to be had or brought shall be returnable in such Courts and before such Judges or Justices as the said E. L. H. and R. H. or the Survivor of them his or their Council learned in the Law shall advise or think fit before the end of Michaelmas Term next ensuing after the date of these presents and the said M. K. K. and H. G. shall thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear and after imparlance had shall make default and depart in contempt of the said Court whereby one or more perfect common recovery or recoveries shall or may he had or suffered against them the said M. L. L. and H. G. of and for the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises with their appurtenances according to the usual course of common recoveries in such cases used and accustomed for assuring of Lands and Tenements 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 death of the said Lady Mary Herbert wife to the said Edward Lord Herbert had made levyed suffered acknowledged or executed or at any time hereafter to be made levied 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 or concerning the said Mannors Messuages Lands Tenements Hereditaments or Premises or any of them or any part or parcel of them or any of them shall be and enure and shall be adjudged deemed esteemed reputed and taken to be and enure 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 that is to say as for and concerning all and singular the said Messuages Farms Lands Tenements and Hereditaments in Tanterne in the said County of Monmouth c. to the use and behoof of the said Richard Herbert his Heirs and Assigns for ever and as for and concerning all and every other the Mannors Messuages Lands Tenements Meadows Leasowes Pastures Feedings Commons Woods Under-woods Rents Services and Hereditaments whatsoever to them the said Ed. L. H. and R. H. or either of them with their and every of their appurtenances in the said County of Monmouth to the use and behoof of the said Richard Herbert 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 after the decease of him the said R.H. to the use and behoof of the said E.L. H. for and during the term of his natural life and after the decease of the said E. L. H. to the use and behoof of Edward Herbert eldest Son of the said Richard Herbert and of the Heits males of his body lawfully to be begotten and for default of such Issue to the use and behoof of John Herbert second Son of the said Richard and of the Heirs males of his body lawfully to be begotten and for default of such Issue to the use and behoof of Richard Herbert third Son of the said R. H. party to these presents and of the Heirs males of the body of Richard Herbert Son of the said R.H. party to these presents 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 Richard Herbert party to these presents on the body of the Lady Mary Herbert his wife Daughter of the said Jo. E. of B. begotten or 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 Richard Herbert party to these presents on the body of the said Lady Mary Herbert his wife begotten or to be begotten and of the Heirs males of the body of such fifth Son lawfully to be begotten and so the sixth seventh eighth ninth and tenth 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 Richard Herbert party to these presents to be begotten successively one after another as they and every of them shall be in seniority of age and priority of Birth the eldest
Court of Canterbury the c. and the said Goods Chattels and Debts do well and truly administer viz. do pay the Debts of the said deceased which he did owe at the time of his decease as far as the said Goods Debts and Chattels will thereunto extend as the said Law will charge her and further do make or cause to be made a true and perfect account of and upon the said administration the second day next after the Feast of c. and such part and portion of the said Goods Chattels and Debts which shall be found remaining upon her said account examined and adjudged by the said Prerogative Court of Canterbury for the time being shall distribute and dispose as by the same Judge shall be limitted and appointed and if hereafter there shall appear any lawful Testament or last Will made by the said deceased and the Executor or Executors therein named do exhibit the same making request to have the same approved of accordingly then if the said Administratrix after lawful request to her made do render and deliver into the said Court the said Letter of administration to her committed without delay and lastly do at all and every time and times hereafter clearly acquit discharge or save harmless the within-named c. and all other the Officers of the said Prerogative Court of Canterbury against all persons having or pretending to have any estate right title or interest to the said goods chattels and debts that then c. or else c. A Condition never to vex or trouble one hereafter for any former matter THe Condition c. That if the within-bound A.B. his Heirs Executors or Administrators or any other person or persons for him or them or in his or their name or names or by his or theâ—r title or procurement or means do at any time or times hereafter claim challenge demand vex sue molest or trouble the within-named C. D. his Heirs Executors Administrators or Assigns or any of them for any of the goods money plate or debts which late were belonging to E.F. of c. deceased or for any other matter reckoning cause or accompt thing or things whatsoever had moved stirred depending or being between the said A.B. and C.D. before the date within-written that then c. or else c. A Condition for the assurance of Mortgaged Lands after default of Redemption THe Condition c. That whereas the within-bound A.B. and C. his Wife by their Deed indented beating date the within-written have given granted bargained and sold unto the within-named D. E. his Heirs and Assigns for ever all that Messuage or Tenement with the appurtenances thereto belonging or in any wise appertaining upon condition That if the said A.B. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto the said D. E. his Executors Administrators or Assigns the sum of c. that then the aforesaid gift grant bargain and sale of the premisses and all conveyances and assurances thereupon had and made should be utterly void frustrate and of none effect as by the said deed indented amongst other things therein contained more plainly at large appeareth If therefore the said A B. his Heirs Executors Administrators and Assigns shall make default of or in the payment of the said sum of c. on the said c. then if the said A.B. and C. his Wife and their Heirs and all and every other person and persons and their Heirs having or lawfully claiming to have any lawful right title or interest of in or to the said Messuage or Tenement or other the premisses with the appurtenances or of in or to any part or parcel thereof shall from time to time and at all times after such default of payment of the said sum of c. in form aforesaid had and made upon the reasonable requests and at the onely costs and charges in the Law of the said D. E. his Heirs and Assigns further do cause make knowledge and suffer or cause to be done made knowledged and suffered all and every such further lawful and reasonable act and acts thing and things device and devices in the Law be it by fine or fines deed or deeds c. or by all any or as many of the said ways or means as the said D. E. his Heirs and Assigns or his or their Councel learned in the Law shall be reasonably advised or devised for the further assurance sure-making and conveying of the premisses and of every part and parcel thereof to be had and made sure unto the said D. E. his Heirs and Assigns for ever absolutely without any manner of condition or mortgage that then c. or else c. A Condition to acknowledge a Statute by a day THe Condition c. That if the within-bound A.B. and one R. L. of c. do upon or before c. seal and subscribe one Recognizance or Writing obligatory to be made according to the form of the Statute lately made and provided for recovery of debts wherein and whereby the said A. B. and R. L. shall stand bound to the within-named T. W. in the sum of c. payable at some Feast soon after the date of the same Writing and the same so sealed and subscribed do upon or before c. in lawful and due manner acknowledge before one of the two Chief Justices appointed for the acknowledging of such Writings by the Statute or in their absence out of the Term before the Major of the Staple at Westminster and the Recorder of the City of London for the time being and the same so acknowledged and sealed to deliver or cause to be delivered to the said T.W. at his now dwelling house scituate c. upon or before the c. safe whole and uncancelled to the end that a pair of Defeazances may be thereupon made that then c. or else c. A Condition to meddle with the Executorship upon assignment thereof THe Condition c. That whereas the within-bound T. T. hath assigned and committed all his right of Executorship of the Testament and Will of Sir J. late deceased unto the within-named R. B. and hath fully for his part authorized licensed and assigned the said R. only to do all and every thing and things by himself and his Assigns concerning the execution of the said last Will and Testament Therefore if the said T. T. shall not intermeddle with the administration of any part of the Goods and Chattels Money Debts or Plate of the said Testator without consent of the said R. his Heirs or Executors but shall at all times hereafter and from time to time permit and suffer the said R. B. his Executors and Assigns to administer all such Goods Chattels Money plate and debts as at the day of the making hereof be in the custody of the said R. B. to be administred or in the hands or possession of any other person or
shall from time to time for and during his continuance and exercise of and in the said place and office demean himself therein without voluntary concealment fraud or deceit towards his said Lordship and do and shall yearly during such his continuance and exercise at the audits to be kept for his said Lordship yield and make true and just accompts to the auditor for the time being of the said Mannor and Premisses and also make current payment and satisfaction to his Receiver of the Premisses for the time being or other Officer or Officers in that behalf to be authorized and appointed at or before every such audit and audits of and for all and every such Sum and Sums of Money Rents Revenues Fines Issues Goods Chattels Profits and Perquisits as then shall have come to the hands of the said J. S. his Deputy or Deputies or as he or they ought justly to be charged withal to his said Lordship for or in respect of the said office or place that then A Condition to pay Childrens Portions and shares of their deceased Fathers estates THe Condition That if the above-bound R. Y. his c. pay and deliver or cause to be paid and delivered unto the above-named W. E. and M. natural Children of the above-named N. late of R. aforesaid their late Father deceased their several filial portions or childs parts of the goods and chattels of their said late Father deceased according to the Inventory thereof and also accompt and render unto them their just shares of all other their rights due unto them by vertue of the last Will Testament of their said father when they come to the full age of twenty one years or happen to be married and also honestly according to their degrees educate and bring up the said children during the time of their nonage with meat drink apparel and learning and if it happen any of the said children to dye before they come to full age or to be married then if the said R. Y. do content and pay the portion and other rights of him her or them so dying to whom the Law shall appoint the same to be paid or who by proximity of blood ought to have it and also save and keep harmless the above named c. Comissary and all other the officers that then c. A Condition that the Heir shall make no claim THe Condition c. That whereas R. G. of c. father of the above-bound R. is possest of one messuage or tenement and certain customary Lands thereunto belonging holden of the Right Honourable c as of the Mannor of c. called or known by the name of c. now in the occupation of c. out of which messuage or tenements is issuing the yearly rent of c. and whereas the said R. the son for and in consideration of a certaine competent sum of c. to him the said R. by the said J. well and truly contented and paid whereof and wherewith the said R. acknowledgeth himself fully satisfied hath granted and agreed that the said J. by and with the consent of the said R. the father shall have enjoy to his own use for ever the said messuage or tenement lands and premises and all the estate right title and interest which the said R. the son now hath or at any time hereafter may might should or ought to have of in and to the same from by or under the right title or interest of the said R. the Father or as heir unto him if therefore the said R. the Son his c. nor any of them do not at any time hereafter make or cause to be made any claim or demand of in or to the said Messuage or Tenement and premisses or any part thereof from and after the decease of his said Father but to permit and suffer the said J. G. his c. and every of them to have possess and enjoy to his and their own use for ever the said c. and every part thereof without any let or disturbance of or by him the said R. the Son his c. or of or by any other person or persons or by his their or any of their acts means consents or procurements clearly released acquitted and discharged of and from all incumbrances whatsoever by him them or any of them had made committed or done or to be had made committed or done in any wise that then c. A Condition to appear before the Justices of Peace c. COndition c. That if the above-bound S. T. do personally appear in the custody of the Bayliff within-written or his Deputy before the Justices c. the Monday next after the Nativity of St. John Baptist at the Town of c. to find there before the said Justices good and sufficient Sureties for the Peace and to behave and bear himself well and peaceably against c. and in the mean time keep the peace of the Common-wealth and from thenceforth save and keep harmless the within-named c. for and concerning the premisses that then c. A Condition to suffer ones Wife to make a Will and to surrender a Copy-hold to his and her use THe Condition c. That whereas there is a Marriage c. Now if the said J. F. do and shall after the celebration of the said Marriage and during the coverture permit and suffer the said F. S. to make her last Will and Testament in writing or otherwise and by the same to give and dispose of the Goods and Chattels or ready money of him the said J. F. to the value of c. or under at her will and pleasure to such person and persons and for such intents and purposes as she the said S. shall by the same Will nominate and appoint And also if the said J. F. his c. after the said Will shall be so made and published under testimony of sufficient witnesses do and shall well and faithfully execute and perform the same Will or suffer the same to be duly executed and performed according to the intent and true meaning of the said S. F. and also if the said I. F. do and shall at the next Court to be holden for the Mannor of c. surrender into the hands of the Lord of the said Mannor according to the custome of the same all that his Mansion-house c. to the use and behoof of the said I. F. and S. F for and during their natural lives and the life of the longest liver of them and after the decease of the Survivor of them then to the use and behoof of c. that then c. A Letter of Attorney to receive money due upon several Bonds allowing the Attorney his reasonable charges and out of that money which he shall receive to satisfie himself of such moneys as are due to him for him which makes this Letter TO all men to whom these presents shall come W. R. of
by force thereof stand and be seized of the Messuage or Tenement Close Lands Meadows and Premisses To suffer a Recovery untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Lands Meadowes and Premisses according to the course of common Recoveries for assurance of Lands and Tenements in such cases used And it is hereby fully declared and agreed by and between all the parties to these presents That after the said Fine or Fines so to be levied of the said Messuage Lands and Premisses as aforesaid he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T.M. one or more Writ or Writs of Entry sur Disseisin in le post returnable before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster by which he the said H.H. shall demand against him the said T.M. all and every the said Messuage Lands Meadows and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six acres of Meadow six acres of Pasture and Common of Pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names quantity or number of Acres as to the said H. H. shall seem meet To which Writ or Writs the said T. T. shall appear gratis and shall enter into the Warranty and shall vouch to warranty the said T.B. party to these presents who also shall appear and enter into the warranty and shall vouch over the Common Vouchee who also shall appear and enter into the warranty for the said Premisses and after make default so that a good and perfect Common Recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Close Lands Meadows and Premisses according to the course of Common Recoveries in such cases used And it is hereby further declared concluded The declaration of the use expressed and agreed by and between all the Parties to these presents And the true intent and meaning of all the parties to these presents and of these presents is That after the said Recovery suffered and executed of and for the said Premisses or any of them as well the said Recovery as also the said Fine and all Fines and Recoveries suffered and levied or to be suffered levied or acknowledged by or between the said parties to these presents or any of them of and for the premisses or any of them shall be and enure and hereby and by all the parties to these presents are and shall be adjudged deemed and taken to be and enure To the only proper use and behoof of the said T. B. party to these presents and of his heirs and assigns for ever And to none other use intent or purpose whatsoever In witness whereof the parties abovesaid c. A Re-demise of Lands Mortgaged THis Indenture made c. between T. L. of c. on the one part and J. M. of c. and G. M. of c. on the other part Whereas the said J.M. and G. M. by their Indenture of Lease Recital of the Mortgage bearing date c. for the considerations therein expressed did demise grant bargain set and to farm-let unto the said T. L. his Executors and assigns all that the Mannor of L.G. and P. with the appurtenances in the said County of M. and also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasows Pastures Feedings Wayes Wasts Wast-grounds Commons Commodities Moors Marshes Woods Wood-grounds Underwoods Waters Water-courses Ponds Pooles Liberties Fishings Advowson and Patronage of the Church of L.G. and P. aforesaid Rents Reversions Services Escheats Fines Amerciaments Court-Leets Views of Frankpledge and Profits of Courts and all that to Courts and Leets belongeth Chattels Wafes Estrayes Goods and Chattels of Felons and Fugitives Customes Rights Jurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with their appurtenances of whatsoever kind nature or quality soever or by whatsoever name or names they are called or known by scituate lying and being coming renewing arising or growing in L. G. and P. aforesaid H. Y. and Z. or within any of them or elsewhere in the said County of M. to the said M. Messuages Lands Tenements Meadows Feedings Pastures and other the Premisses or to every or any of them in any wise belonging or appertaining or incident or dependant thereunto or as part parcel or member thereof or at any time thentofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof with their and every of their Rights Members and Appurtenances To haâ—â— and to hold the said Mannors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Rights and Appurtenances unto the said T. L. his Executors and Assigns for the term of 99 years next ensuing the date of the said recited Indenture of Lease fully to be compleat and ended by and under the yearly rent of a Pepper-corn at the Annunciation of our Lady St. Mary the Virgin if it were lawfully demanded as by the said Indenture of Lease amongst other things therein contained it doth and may appear Now this Indenture witnesseth The re-demise That the said T. L. for divers good causes and considerations him moving hath demised set and to Farm-letten and by these presents doth demise set and to Farm-let unto the said J.M. and G. M their Executors and Assigns the said Manors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Appurtenances in the said recited Indenture of Lease mentioned To have and to hold the said Mannor The Habendum and all other the Premisses with their and every of their appurtenances unto the said J. M. and G. M. their Executors and Assigns for the Term of 98 years and 10 moneths next ensuing the date thereof Yielding and paying therefore yearly during the said term unto the said T. L. his Executors and Assigns one Pepper-corn at the Feast of Proviso to pay money c. if it be demanded Provided alwayes and upon Condition That if the said J. M. and G. M. their Heirs Executors Administrators and Assigns or some of them shall not well and truly pay or cause to be paid unto the said T. L. his Executors or Assigns the summe of xx pounds of currant money of England on and upon the Twenty fifth day of M. next ensuing the date hereof and also the sum of 500 pounds of currant money of England on and upon the twenty fifth day of M. which shall be in the year of our Lord God 1632. that then from and after default of payment of the said several Sums or either of
shall be limited or appointed to come after the said Lord W. his death as aforesaid then if such persons Parties trusted to give security to dispose of the Premisses accordingly his Heirs Executors Administrators or Assigns shall within two years next after the death of the said T. Lord W. well and truly satisfie pay and discharge all the aforesaid debts sums of money Funeral charges Legacies and Bequests which by the true intent and meaning of these presents are limited expressed or intended 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. or the Survivors or Survivor of them or to the heirs executors or administrators of the Survivors or Survivor of them good and sufficient security for the payment of all the said debts Security to be allowed of by c. sum and sums of money funeral charges gifts Legacies and bequests which by the true intent and meaning of these presents are before expressed to be paid the same security to be approved and allowed of by one of the Lords c. for the time being and any two of the Justices for the time being of the Courts of Kings-Bench or Common-Pleas that then the said W. Lord P. c. and their heirs and the Survivor and Survivors of them and his and their heirs and assigns shall and will at the costs and charges in the Law of such person or persons to whom the said T. Lord W. shall as aforesaid appoint or limit the premisses to come after his death his heirs or assigns convey and assure the said Mannors Messuages Lands Tenements Hereditaments and premisses with the appurtenances to such person or persons his and their heirs and assigns by such good and sufficient Conveyance and Assurance in the Law with several and respective warranty only by every of them the said W. Lord P. c. severally or 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 Council learned in the Laws of this Land shall be reasonably devised and required Provided alwayes and the true intent and meaning of the said T. Lord W. and of all the parties to the said Recovery and other Assurance and of the parties to these presents and every of them before and at the time of the suffering of the said Recovery and other assurances was and yet is and is so hereby expressed published and declared notwithstanding any thing herein before contained That it shall and may be lawful to and for the said T. Lord W. from time to time and at all times c. A Mortgage THis Indenture made c. between I.F. and E.F. Widow on the one part and J R. of c. on the other part c. witnesseth That the said J. F. and E. F. for and in consideration of the Sum of c. to them in hand before the ensealing and delivery of these presents well and truly paid wherewith they and every of them do acknowledge themselves fully satisfied and paid and thereof and of every part thereof do clearly acquit and discharge the said J. R. his Heirs Executors and Administrators and every of them for ever by these presents Have bargained sold granted aliened and confirmed And by these presents do c. unto the said J. R. his Heirs and Assigns for ever All that Messuage or Inne called or known by the name of the New-Inne with the Back sides back-yard and Garden thereunto adjoyning and belonging situate lying and being in H. aforesaid in the said County of O. on the West-side of a certain Street there called the North-street with all and singular the Houses Edifices Buildings Cellers Sollers Gardens Orchards Profits Commodities and Hereditaments whatsoever to the said Messuage or Tenement called the New-Inne belonging or in any wise appertaining or now accepted reputed letten used or known as part parcel or member of the same Messuage or Inne and now being in the holding or occupation of the said E. F. and her assigns And all the estate right title interest use possession remainder inheritance claim and demand whatsoever of the said J. F. and E. F. of in and to the same Messuage or Inne called the New-Inne and every part and parcel thereof And also all and every the Deeds Evidences Charges Writings Escripts and Minuments whatsoever concerning onely the said bargained premisses or any part or parcel thereof and true Copies of all other Deeds Writings Evidences and Minuments that do concern the bargained premisses or any part or parcel thereof joyntly with any other Lands Tenements or Hereditaments which they the said J. F. and E. F. now have or knowing where they are may lawfully come by without Sute in Law and all and every the Copies aforesaid to be Copied and written forth at the costs and charges of the said J. R. his heirs or assigns They the said J. F. and E. F. for them their Heirs Executors and Administrators do covenant promise and grant by these presents to and with the said J R. his Heirs Executors and Administrators well and truly to deliver or cause to be delivered unto the said J. R. his Heirs or assigns at the now dwelling-house of the said J. R. situate c. within three years next ensuing the date of these presents whole safe uncancelled and undefaced To have and to hold the said Messuage or Inne called the New-Inne and all other the premisses with all and singular their appurtenances before by these presents bargained sold or mentioned or intended to be hereby bargained or sold and every part and parcel thereof unto the said I. R. his heirs and assigns for ever to the only proper use and behoof of the said J. R. his heirs and assigns for ever And the said J. F. and E. F. for them their Heirs Executors and Administrators and for every of them do covenant and grant by these presents to and with the said J. R. his Heirs Executors and Administrators and every of them in form ensuing That is to say That they the said J. F. and E. F. or one of them for and notwithstanding any act or thing by them or either of them done caused or procured or by them or either of them to be done caused or procured to the contrary thereof now are or is and at the execution of the first estate to be had and made of and in the premisses to the said J. R. and his heirs according to the true intent and meaning of these presents shall then be solely seized and very true and lawful owner or owners of the said Messuage or Inne called the New-Inne and all other the premisses before by these presents bargained and sold or mentioned or intended to be bargained and sold of a good lawfull and indiffeazible estate in Fee-simple without any manner of Condition or Limitation of any use or uses
Covenant and be returned before it 5. If a Writ of Covenant be brought against the Tenant and a Writ of Entry against the Demandant then the Writ of Covenant must bear date and be returned before the Writ of Entry and this is called the double Voucher 6. That all Writs of Entry must be signed by the Kings Attorney before they be sealed and Fines to the King are to be paid upon them as upon Writs of Covenant The Warrant of Attorney by the Clerk of the Warrants and the Writ of Entry Summons and Seisin are to be returned and filed with the Custos Brevium and the Judgment to be entred by the Prothonorary 7. That in a Recovery with a double Voucher the fine must be sued first to make him Tenant to the Writ of Entry brought either by right or wrong for every Writ of Entry must be brought alwayes against him that is Tenant of the Freehold of the Land demanded at the time of the Writ brought he must be at least Tenant for life or a Disseisor of the Land whereof the Recovery is had for the Estate of the Tenant in tail which is vouched is barted in respect of the Assets onely which are or may be recovered in value end of execution sued by the Tenant against him Plow 11. Dyer 252. And if the Tenant have but an Estate for life or in Dower or by Curtesie in these cases to have a good Recovery such Tenant is â—o make a conditional Surrender of his Estate to him in Reversion or â—â—mainder that he may be a perfect Tenant to the Inheritance and then to bring a Writ of Entry against him and after the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his Estate notwithstanding such Surrender A President for a Lease to make a Tenant to the Praecipe THis Indenture made c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That whereas the said A. B. doth hold one Messuage c. in D. in the County of M. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his heirs or to the heirs of his body lawfully begotten for ever Now the said A. B. for the making and perfecting of some assurance shortly to be made of the same Messuage c. by way of common Recovery Hath Granted and Surrendred and by these presents Doth Grant and Surrender unto the said C. D. and his heirs upon the condition herein after mentioned all that the said Messuage c. and all the estate right title and interest of the said A. B. therein To have and to hold to the said C.D. and his heirs upon condition That if the said C.D. do not pay or cause to be paid to the said A. B. the Sum of 1000 l. of lawful English money upon the first day of December next comeing after the date hereof That then and from thenceforth this Grant and Surrender shall be utterly void and it shall be lawfull for the said A. B. into the same Messuage c. to re-enter and the same to repossess and enjoy as in his former Estate In witness c. As to the Warrant of Attorney and Dedimus Poâ—estatem take this First That in the suffering of Recoveries the Tenants and Vouchees do most commonly appear in person But if they cannot or will not then they may make an Atturney And in that case there must be a Conusance for a Warrant of Atturney taken to authorize the Atturneys and a Dedimus Potestatem to some to take it in this manner Lond. ss Praec A. B. et C. uxor ejus quod juste c. redd D. E. Manerium de M. cum pertin c. quae clamâ—ee â—us et haered suam et in quae tidem A. B. non habent ingress nisi post disseâ—â—nam quam H. H. injuste et sine judicio secit praefat D infra 30 annâ—s jam ultim clapsos c. â—t dic c. Lond. ss A. B. et C. po lo. suo W. W. et R. R. Attornat suos conjunctim divisim versus D.E. de placito terrae Lond. ss M. M. Gen. quem A.B. et C. vocant ad warrant po lo. suo I. I. et L. L. Attornat suos conjunctim et divisim versus D. E. de placito terrae Lond. ss G. W. Gen. Quem M. M. voc inde ad warrant po lo. suo R. G. R. S. Attornat suos conjunctim divisim versus D. E. de placieo terrae Secondly That in these cases there must be two Atturneys at the least and to give them an authority joyntly and severally that if one of them dye before the Recovery be suffered the other may have power to do it And in the Counties Palatine it is usuall to put one Atturney and one of the Justices Clerks Thirdly When this is done the Recoveries may be suffered by the Atturneys without the personal appearance of the parties and such Recovery is good only it will require a longer time to perfect it for in this case there must go forth a Summoneas ad warran which must have Nine Returns ere it can be perfected Fourthly The Recovery thus suffered by the parties in person or by their Attorneys the same must be entred by one of the Clerks of the Court of Common Pleas upon the Rolls of the same Court there to remain upon Record The Forms of Recoveries suffered in the Common Pleas Court or elsewhere are well known to Clerks there Practising However I will give you one excellent President of a Recovery suffered in the Court of the Hustings at London and likewise the forms of Indentures to limit and declare the Uses of Recoveries A President of a Recovery suffered in the Hustings Court London with double Voucher PLacita terrae tent in Hustingo in Guyhald ' Lond ' die Lunae proxime post festum sancti Johannis ante Portam Latinam Anno Regni nostri Jacobi dei gratia Angl ' Scot ' Franc ' Hibern ' Regis Pidei Defensor c. viz. Angl ' Franc ' Hibern ' 18. et Scotiae 53. Ad hunc Hustingum ven hic in propria persona sua D.W. et protulit hic in Cur. brev dicti domini Regis nunc de Recto Paten Majori Vicecomiti London directâ— in haec verba scilicet Jacobus Dei gratia Angl ' Scot ' Franc ' et Hibern ' Rex Fidei Defensor c. Majori et Vice-Com Lond. salutem Praecipimus vobis quod sine dilatione plenum rectum teneatis D. W. de 12 Mess 2 Gardinis et 5 Curtilagiis cum pertin in London quae clamat tenere de Nobis per liberum servitium unius denarii per annum pro omni servitio Quae R. V. ei deforc ne amplius inde clam audiamus pro defeâ—n Recti Teste Meipso apud Westm 4 die Maii Anno regni nostri Angl '
and prosecuted against the said T. M. before Sir John Vaughan Knight c. the Kings Majesties Justices of the Court of Common Pleas at Westminstor according to the usual order and form of Recoveries heretofore used the Mannor of L. with the appurtenances and divers other Lands c. lying in the Parishes c. in the County c. at the time of the said Recovery had being the inheritance of the said T. M. other than such Messuages and Lands as the said T. lately purchased of one P.S. by the names of c. Now this Indenture witnesseth That it is covenanred condescended to concluded and agreed between the said parties to these presents in manner and form following That the intent and true meaning of all the said parties now is and at the time of the said Recovery so had and suffered was that the said Recovery should and shall be and enure and construed to be and enure And that the said A. T. and his heirs immediately from and after the said Recovery so had and executed should and shall stand and be seised of the said Mannor and all other the Lands Tenements and Hereditaments with the appurtenances in the said Recovery meant and intended to be comprised to the only uses and intents hereafter by these presents set forth and declared and to none other uses intents or purposes whatsoever That is to say to the use of the said T.M. for the term of his natural life and after his decease then to the use and behoof of the eldest Son of the said T.M. begotten or to be begotten on the Body of M. the intended Wife of the said T. M. and the heirs males of the Body of the said eldest Son and for default of such Issue to the right Heirs of the said T.M. for ever A Proviso for Revocation of uses PRovided alwayes That if the said T. M. party to these presents shall at any time during his natural life intend or be willing to alter change revoke or make void the said Estates Remainders Uses and Limitations before in these presents mentioned or any of them c. and shall by any writing or writings under his hand and seal in the presence of two credible witnesses at the least signifie and declare That his mind and intent is to alter change revoke or make void the Uses c. That then and at all times after such writing and writings shall be so signed and sealed all the said Estates Uses c. before in these presents specified and declared and in the said writing or writings mentioned shall from thenceforth cease determine be revoked and utterly for ever void And that then and at all times after he the said A. T. his Heirs and Assigns and all and every other person and persons whatsoever which shall be then seifed of the said Premisses with their Appurtenances or any part or parcell thereof shall stand and be seised thereof or of so much thereof as shall be mentioned and contained in the said Writing or Writings of Revocation to the onely use and behoof of the said T. M. his Heirs and Assigns for ever or to such other uses intents or purposes as in the said Writing or Writings of Revocation shall be limited appointed and declared and to none other use intent or purpose whatsoever any thing before specified to the contrary in any wise notwithstanding In witness whereof c. An Indenture to lead the uses of a Fine and Recovery had and suffered THis Indenture made c. Between A. M. of c. and J. B G. B. of c. of the one part and R. C. of c. on the other part Whereas the said A. M. being seifed in his Demesne as of Fee of and in certain Messuages Lands Tenements and Hereditaments with the appurtenances scituate lying and being in W. in the County of C. and it having been agreed between the said A. M. and the said R. C. that for a valuable Consideration of money to the said A. to be paid by the said R. the said A. should convey the same to the said R. and his Heirs in such manner as the Councel Learned of the said R. should advise or reqâ—â—â— And whereas by advice of the said Councel Learned of the said â— he in Easter-Term last past before the date hereof in the Court of Common Pleas at Westminster did commence prosecute and bring one Writ of Entry Sur Disseisin in le Post against the said R. C. demanding thereby one Messuage two Gardens c. with the appurtenances in W. aforesaid unto which the said R. did appear and did vouch to Warranty the said A. M. who being then present in Court the said Vouchee in proper person vouched over one L. M. whereby a good and perfect Common Recovery of the said Premisses with double Voucher according to the form of Common Recoveries in such cases used was due in form of Law suffered and executed And whereas the said R. in Easter-Term aforesaid by advice of the Councel of the said R C. did levy and knowledg in due form of Law before his Majesties Justices of his Highnesse said Court of Common Pleas unto the said R. C. and his Heirs one Fine Sur Conusance de droit come ceo c. with Proclamation thereupon had according to the Form of the Statute in that behalf made and Provided as in and by the said Fine and Recovery relation being thereunto had more sully and at large may appear Now This Indenture Witnesseth That the said J. B. G. B. and A. M. and every of them for themselves their Heirs Executors Administrators and Assigns and for every of them do covenant grant declare and agree to and with the said R. C. his Heirs and Assigns and to and with every of them by these presents That the said recited Fine and Recovery and the Recoveror and Recoverors therein named and their Heirs and Assigns and the Heirs of the Survivor of them and all other person and persons which now are or shall be seised of the said recited Premisses and every part and parcell thereof shall thereof stand and be seised to and for the onely use and behoof of the said R. C. his Heirs and Assigns for ever and to and for no other use intent or purpose whatsoever In witness whereof c. Revocations of Uses in former Indentures mentioned according to the power thereby given THis Indenture made c. Between E.S. of S. in the County of M. Esq of the one part and R.H. T.T. J.B. and H.H. of the other part Witnesseth That whereas the said E.S. did heretofore by his Indenture bearing date c. made between him the said E.S. of the one part and J.O. of P. in the said County of L. Esq on the other part Covenant grant and agree to and with the said J.O. his Executors and Administrators That he the said E. and his Heirs in such manner and form as by the said recited Indenture
the Execution and justifie it Cro. 1.440 2. After half the Land of a man is taken in Execution upon one Judgment then if there come another Judgment against the same person a moyety of the moyety only left and not of the whole is to be extended Cro. 1.482 483. 3. The Sheriff upon a Fieri facias may not deliver the Defendants Goods to the Plaintiff in satisfaction of his debt Cro. 1. part 504. 4. If the Sheriff open or break any House to do Execution at the Suit of a common person the Execution is good but the party whose House is broken may have an Action of Trespass against him for the breaking of the House Co. 5.93 Co. 4.91 Semaines Case Co. 11.82 5. If the Sheriff have a Fieri facias or a Ca. sa against a man and before Execution executed he pay him the money in this case the Sheriff cannot do execution after if he do an Action of Trespass or False Imprisonment lyeth against per Justice Jones and Justice Berkley B.R. Pasch 12 Car. 6. If Execution be by Fi. Fa. and the Sheriff seise Goods and before the sale the Record is removed by Error and a Supersedeas awarded and a seizure returned in this case a Venditioni Exponas may be awarded upon the return of the Fieri facias which is filed Cro. 1.597 598. 7. If Execution be for the Plaintiff if the Defendant be taken by Capias Utlagatum and if Judgment be affirmed in Error a Capias or other Execution lyes without Scire facias although in another Court Cro. 1.706 851. 8. The ancient Sheriff being out of his Office cannot sell the Goods he took upon a Fieri facias Yelverton 44. How Execution is to be done in the Cinque-Ports see Bendloes 15. Observe here further That if the Defendant dye his body being in Execution the Plaintiff may have a new Execution against the Lands or Goods of the Defendant as he pleaseth but the Plaintiff while he hath the body of the Defendant in Execution can have no other Execution against his Lands or Goods Co. 5.65 66.86 87. A new Execution may be sued against any man who by Priviledg of Parliament shall be set at liberty Stat. 5 Jac. cap. 13. If the Sheriff hath a man in his custody by process of Law and after this a Writ of Capias ad Satisfaciendum is delivered to him in this case in Judgment of Law he shall be in Execution presently upon that Writ though he never make any actual arrest thereupon Co. 5.89 I will now cite some few Cases to illustrate this Point 1. If two be in Execution for one debt and one of them dye under Execution this will not discharge the other But death under Execution in case where there is but one Defendant is in satisfaction Cro. 1.851 F.N.B. 146. Cro. 2.136 143. But this by the Common Law For now by the Stat. of 21 Jac. cap. 24. If a man be in Execution for a debt and dye in Execution for it the debt unpaid the Plaintiff shall now have as much remedy against his Lands and Goods as if he had never been or dyed in Execution Co. 5.86 Cro. 2.136 142. 33 H. 6.47 3 H. 6.7 N.B. 246. 2. If the Defendant pay the money by this he shall be discharged of the Execution So a Release of all Executions will barr in this case although it be in the Kings case But a Release of all Suits will not discharge from Execution in the case of the King or Subject Co. 8.153 But a Release of the Judgment and of all debts and duties will discharge the Body out of Execution Co. 1. part Inst 291. But if he make any Depheasance Release or other such like act to the Defendant being in Execution amounting to a discharge of the Execution this will not be in it self ipso facto a discharge of the Execution but this will make way for his discharge by Audita Querela or some other means And therefore in case where the Plaintiff consented that the Defendant his Prisoner in the Kings Bench should come to him out of Prison to the Horse-shooe Tavern which was out of the Rules without a Keeper or any Order of the Court thinking to have some agreement with him and he doth come to him and was taken again upon the same Execution and put into the Kings-Bench he was relieved and discharged by Audita Querela And a discharge by word in this case is good enough For if I say to the Sheriff and bid him discharge such a one he hath in Execution at my Suit or suffer him to go at large this is a good discharge both to the Sheriff and to the party Popham 206 207. Trin. 24 Car. B.R. Walker and Alder. 3. If A. and B. Joynt-Tenants for life the Remainder in Fee and Judgment is given against A. in debt and afterwards before Execution he release to his Companion this shall not avoid the Execution upon the Land But if A. had dyed before Execution the Survivor would have held the Land discharged Co. 6.79 Abergavenyes Case 4. If a Judgment be against one Obligor in the Common-Pleas and another Judgment in the Kings-Bench against the other Obligor and a Capias ad Satisfaciendum in the Kings-Bench against that Defendant and then the Body and Lands of the other is taken in the Common-Pleas and he is delivered by Audita Querela as he may be although the Land taken in Execution be evicted yet his body shall never be re-taken in Execution Hob. Rep. 2. 5. If a Sheriff Gaoler or other Officer that hath a man in Execution at my Suit for debt or damages do after suffer him wilfully or negligently to escape and do not re-take him before I commence my Action against him In this case I may in an Action of Debt or Action of the Case which I will recover against him by whose means this is done but not against his Executors or Administrators so much as I am damnified thereby Plowd 45. Co. 3.52 Dyer 278. Cro. 3.767 F.N.B. 93. 6. If the Sheriff take one in Execution at my Suit be the process by which he is taken erronious or not if the Sheriff suffer him to escape he shall be charged with this escape Cro. 3.188 576. Cro. 2.1 7. If the Chief Justice of the Court by which the Prisoner is committed the Sheriff and the Plaintiff in the Suit all of them agree together to let a prisoner in Execution out for a time this will be no escape especially there where the Prisoner doth return at his time Dyer 275. 8. If the King or any great Man out of the ordinary way of Law shall command or require the Sheriff or other Officer that hath the keeping of such a prisoner to set him at liberty altogether or foâ— time and he doth so although he return to prison again yet this will be an escape in the Sheriff to make him liable to action Dyer 278 279. 9. If a