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
any sufficient discharges to any of my said Tenants or Farmers requiring the same And the same sum and sums of Money Rents Issues and Profits so had and received to pay and deliver to me the said G. K. my Executors Administrators and Assigns and to be accomptable unto me the said G. K. my Executors and Administrators from time to time for all every or any the said sum or sums of Money so as asonesaid by the said C. P. had taken and received at the Feast of St. Michael the Archangel next ensuing the date hereof or before the end of Candlemas Term then next ensuing and at the Feast of the Annunciation of the blessed Lady St. Mary the Virgin then next following or before the end and expiration of Trinity Term then next ensuing and so from time to time at the Feasts and Dayes before prefixed to give and make a true account or accounts to me during the continuance of the power to him given and granted as aforesaid And further I do by these presents give full power and authority to my said Attorney at any time hereafter to elect and choose some one sufficient and able person to be Steward of my Courts of my said Mannors c. and also to place and displace at his will and pleasure upon just occasion any Bayliff or other Officer or Officers whatsoever as occasion shall require and also giving and by these presents granting unto my said Attorney full power and lawful authority for me and in my name stead and place and to my use as aforesaid for non-payment of all every or any my said Rents arrerages of Rents Issues Amerciaments and Profits to distrain impound arrest sue implead and imprison all every or any my said Tenants or Farmers which shall refuse to pay my said Attorney all or any such sum and sums of Money Rents Issues and Profits by them or any of them respectively due and payable unto me as aforesaid and the same persons again to discharge acquit and release of and from the same at his will and pleasure And further to do or cause or procure to be done in and about the premises all and whatsoever to the said C. P. shall seem requisite and needful to be done as effectually as if I my self were then and there personally present And which c. so to be done I do hereby covenant and grant for me my Heirs c. to justifie aver and maintain as fully and perfectly to all intents constructions and purposes as though the same were actually done by my self In witness c. A Warranty of Attorney to confess a Judgment WHereas K. B. widow of c. Executrix of the last Will and Testament of J. B. Esq hath sued out of the High-Court of Chancery an Original Writ of Debt for Two hundred pounds against me T. H. and J. W. of c. Esq and Sir R. B. of c. Knight my Sureties returnable this Trinity Term in the Court of Common-Pleas at Westminster These are therefore to require you to appear for me and my Sureties and to make Declaration for us the said T. H. J. W. and Sir R. B. at the suit of the said K. B. and thereupon to confess a Judgment either by non sum informat nihil dicit or otherwise as you shall think fitting and this shall be your sufficient warrant in that behalf In witness c. A Warrant to acknowledge satisfaction Mr. T. W. VVHereas in Trinity Term in the Twentieth year of the Reign of our Soveraign Lord King Charles over England c. there was a Judgment had and obtained in His Majesties Court of Common-Pleas at Westminster against A. P. of c. for c. Debt and c. Damages and Costs at the suit of c. These are to require you to acknowledge satisfaction upon the said Judgment and this shall be your sufficient warrant for the same In witness c. Another Warrant to acknowledge satisfaction Mr. T. F. VVHereas I heretofore retained you my Attorney in His Majesties Court of Kings Bench at Westminster to sue charge and implead R. E. upon several actions and a Habeas Corpus depending against him and whereas you thereupon further proceeded by my direction to the recovery and entry of four several Judgments the one of 50 l. Debt and 7 l. 10 s. and 8 d. Damages another c. another c. and the other c. for that I have received full satisfaction from the said R. E. for and concerning all those actions and several executions by you in my behalf obtained and entred against him by force whereof he remains Prisoner in the custody of the Marshal of His Majesties said Court These are therefore to will and require you to discharge those several actions by search or otherwise out of the Entry-Book of the Marshal of that Court or other declarations remaining on file there And further I do hereby direct and authorize you to acknowledge satisfaction upon Record upon the several Judgments above specified and all other Judgments chargeable against him for my satisfaction and so to release his person out of the Marshals custody from all causes touching me And for the doing thereof this shall be your sufficient warrant and discharge In witness c. An Indenture for suing forth a writ of Entry of a Mannor to the intent a Recovery may be had THis Indenture tripartite made the c. between H. E. of c. of the first part W. G. of c. of the second part and A. B. and C. D. of c. of the third part Witnesseth That it is covenanted granted concluded condescended unto and fully agreed upon by and between the said Parties to these presents And the said H. E. doth for himself his Heirs c. covenant c. that he the said E. or his c. before the Feast of c. at the proper Costs and Charges in the Law of the said W. G. his Heirs or Assigns shall permit and suffer the said A. B. and C. D. to bring and sue forth out of His Majesties High-Court of Chancery one Writ of Entry sur disseisin en le post against the said W. G. returnable before the Justices of the Common-Pleas at VVestminster at a certain day before the said Feast of c. by which Writ the said A. B. and C. D. shall demand against the said W. G. all that the Mannor of c. by the name of c. or by any other name or names whatsoever whereunto the said W. G. shall appear before the said Justices at the said day of return to be contained in the said Writ in his own proper person or by his Attorney sufficiently authorized by the Law for the same upon which appearance the said A. B. and C. D. shall declare against the said W. G. according to the nature of the said Writ and that he the said H. E. shall permit and suffer the said W. G. to make defence
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
also all and singular Out-houses Barns Stables Dove-houses Yards Orchards Gardens Lands Meadows Pastures Feedings Commons Common of Pasture Woods Under-woods Water Water-courses Fishings Wayes Easements Profits Commodities and Hereditaments whatsoever to the said Mannor of W. and other the premises aforesaid or to any part or parcel thereof belonging or in any wise appertaining or therewithall now used occupied or enjoyed as part parcel or member thereof and all the Lands Tenements and Hereditaments whatsoever to the said J. H. belonging lying and being in W. aforesaid and the said remainder expectant upon the death of the said T. H. and all and every other Reversion and Reversions Remainder and Remainders of the said bargained premises and of every part and parcel thereof and the Rent and Rents and yearly Profits whatsoever reserved upon whatsoever Demise Lease Estate or Grant Demises Leases Estates or Grants heretofore made of the before bargained premises or any part or parcel thereof Together with all Evidences Charters Escripts Monuments and Writings toâ—ching or concerning the premises which he the said J. H. hath or may come by without Suit in Law To have and to hold the said Mannor of W. Lands Tenements and all and singular other the premises above-mentioned to be hereby bargained and sold with the appurtenances and every part and parcel thereof and all the estate right title interest term and terms of years Reversion Remainder Claim and Demand whatsoever of the said J. H. and R. B. and of either of them or of any other person or persons whatsoever in and to the same unto the said W. P. his Heirs Executors Administrators and Assigns to the sole and proper use and behoof of the said W. P. his Heirs c. for ever And the said J. H. and R. B. for themselves severally and respectively and for their several and respective Heirs c. all and singular the before bargained premises with the appurtenances and every part and parcel thereof unto the said W. P. his Heirs Executors Administrators and Assigns to the use and behoof aforesaid shall and will warrant and for ever defend by these presents In witness c. An Indenture of Defeizance for the making void of all former Statutes payment of a sum of c. and performance of Covenants c. THis Indenture made the c. between A. B. of c. on the one part and E. A. of c. on the other part witnesseth That whereas the said E. A. in and by one Recognizance or writing Obligatory of the nature of a Statute-Staple lately made and provided for the recovery of Debts bearing date c. taken sealed acknowledged and entred into before Sir T. R. Lord chief-Chief-Justice of England is and standeth bounden unto the said A. B. in the sum of c. payable as in and by the said Recognizance or Writing Obligatory of the force of a Statute-Staple more fully and at large it doth and may appear It is now nevertheless covenanted granted concluded and agreed by and between the said Parties to these presents and the true intent and meaning of these presents and of the Parties hereunto is and the said A. B. is contented and pleased That if the said E. A. his Heirs Executors and Assigns do or shall at or before the c. discharge and clearly make void upon Record as well all and every Statutes-Merchant and of the Staple as also all Recognizances heretofore acknowledged and entred into by the said E. A. either by himself alone or joyntly with any other person or persons the Statute above recited onely excepted And thereof bring deliver and leave Certificates under the hands of the Clerks of the several Offices or their Deputies in that behalf at or in the c. to and for the said A. B. his Executors or Assigns at or before the c. day of c. next ensuing And also if the said E. A. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto the said A. B. his Heirs or Assigns or to some or one of them the full sum of at or in c. in manner and form following that is to say the sum of c. on the c. and the sum of c. on the c. in full satisfaction and payment of the sum of c. And also if the said E. A. his Heirs Executors and Assigns do and shall well and truly observe perform fulfil accomplish and keep all and singular the Covenants Grants Articles and Agreements which on his and their parts and behalfs are or ought to be observed performed fulfilled accomplished and kept comprized and specified in one pair of Indentures bearing date c. made between the said E. A. of the one part and the said A. B. on the other part according to the true intent and meaning of the said Indentures that then the said Recognizance or Writing Obligatory above recited or mentioned shall be utterly void and of none effect otherwise the same shall stand and abide in full force c. A Release of Lands upon performance of Articles TO all Christian people c. I E. J. of c. send greeting in our Lord God everlasting Know ye That I the said E. J. as well in consideration of the full performance of certain covenants and agreements mentioned and expressed in one pair of Indentures bearing date c. last past c. made between me the said E. J. on the one part and Sir H. W. c. as also for divers other good Causes and Considerations c. have remised released and for ever quit-claimed and by these presents do for me my Heirs and Assigns and every of us freely clearly and absolutely remise release and for ever quit-claim unto the said Sir H. W. his Heirs and Assigns for ever in his and their full and peaceable possession seizin and being all the Estate Right Title Interest Possession Reversion Claim and Demand whatsoever which I the E. I. now have may might or ought to have or which I or my Heirs at any time hereafter shall or may have might or ought to have or claim of in or to all those the Rectories of B. c. and also of in and to all and singular Messuages Mills Lands Tenements c. to the said c. belonging or appertaining To have and to hold the said Rectories c. unto the said Sir H. W. his Heirs and Assigns to his and their own proper use and behoof for ever so as neither I the said E. I. nor my heirs shall or may at any time hereafter ask claim challenge or demand any right title interest claim or demand whatsoever of in or to the premises before mentioned or of in or to any part or parcel thereof but thereof and therefrom shall be utterly ' debarred and for ever secluded by these presents And I the said E. I. and my heirs the said Rectories and all and singular
and the other of Debt upon the demand of c. at the suit of c. as by the Records of the same Court may appear if therefore the said W. W. his c. and every of them do at all times hereafter and from time to time clearly acquit and discharge or otherwise sufficiently save and keep harmless the said J. D. his c. and every of them and all his and their Goods and Chaâ—tels and every part and parcel of them against all persons whatsoever of and for the main-prizing and taking to bail of the said W. W. and of and for the several Actions aforesaid and of and for all Actions Suits Costs Troubles Demands Executions and Damages whatsoever that shall or may arise or grow touching or concerning the premises or any of them in any manner or wise That then this present Obligation to be void c. A Condition for payment of Money if a man be non-suited THe Condition c. That whereas one E. G. is admitted to sue in Forma Pauperis in his Majesties Court of c. against W. W. and A. B. for the recovery of certain Lands and Tenements in the County of K. if the said E. G. shall be Non-suited in the said Action or that the same Action shall pass against him by Verdict or otherwise that if the above-bounden R. R. or E.G. their Executors or Assigns or any of them do or shall truly pay or cause to be paid all and fingular such Costs and Charges and sums of Money as by any the Justices of the said Court shall in that case be thought convenient or awarded without fraud c. That then c. A Condition for performance of Covenants THe Condition c. That if the within-bounden H. W. his c. and every of them do well and truly observe perform fulfill accomplish and keep all and singular the Covenants Grants Articles Clauses Conditions and Agreements whatsoever which on his and their parts and behalfs are or ought to be observed performed fulfilled and kept mentioned and comprised in one pair of Indentures of Lease bearing date within-written made between the within-named E. W. of the one part and H.W. of the other part according to the tenor effect and true meaning of the same Indenture That then c. A Condition for passing of a Fine THe Condition c. That if the within-bounden W. E. and A. his now Wife and the Heirs of the said W. at the Costs and Charges in the Law of the within-named R. M. his c. next ensuing the date c. shall levy one Fine c. in the Court of Common-Pleas at Westminster of one Messuage or Tenement mentioned to be demised to the said R.M. in and by one Indenture of Lease bearing date c. made between the said W. E. on the one part and the said R. M. on the other part according to the due course of Law by such name or names and in such manner and form as by the said R. M. his c. or by his or their Council learned in the Law shall be devised or required as well for the barring of the said A. from the Title of Dower in the premises as for the better assuring and confirming of the premises unto the said R. M. his c. for and during all the said term by the said Indenture of Lease granted under the Rent in and by the said Indenture reserved against the said W. E. his Heirs and Assigns according to the true meaning of the said Indenture That then c. A Condition concerning a Marriage THe Condition c. That whereas there is a Marriage by Gods Grace intended to be shortly had and solemnized between the above-bounden A. B. and E. B. Daughter of F. B. late of G. in the County of C. deceased if after the said Marriage shall be solemnized between the said Parties it shall happen the said A. shall die and her the said E. shall survive then if the said A. B. shall at the time of his death leave unto the said E. the sum of c. or the value of c. for Goods and Chattels to be freely taken had used and disposed of by her the said E. her c. at her and their own wills and pleasures without any Claim Challenge Suit Trouble Disturbance Contradiction or Demand of for in or to the said sum or value of c. or of any part or parcel thereof thereunto to be made by the Executors c. of the said A. B. or by any other person or persons whatsoever That then c. A plain Bill of Debt BE it known unto all men by these presents That I A. B. of c. do owe and am indebted unto C. D. of c. in the sum of c. of lawful Money of England to be paid unto the said C. D. his Executors Administrators or Assigns on the c. next ensuing the date hereof To the which payment well and truly to be made I bind me my Heirs Executors and Administrators firmly by these presents In witness whereof c. I do hereunto set my Hand and Seal this fourth of July Anno Dom. 1648. â— Bill Obligatory BE it known unto all men by these presents That I A. B. of c. do owe and am indebted unto C. D. of c. in the sum of c. of lawful money of England to be paid unto the said B. D. his Executors Administrators or Assigns on the c. next ensuing the date hereof at c. To the which payment well and truly to be made I bind me my Heirs Executors and Administrators in the sum of c. of lawful money of England firmly by these presents In witness c. A General Release KNow all men by these presents That I J. K. of c. have remised released and quit-claimed and by these presents do for me my Executors Administrators and Assigns remise release and for ever quit-claim unto C. D. of c. his Executors Administrators and Assigns all and all manner of Actions and Suits cause and causes of Actions and Suits Bills Bonds Writings and Accompts Debts Duties Reckonings Sum and Sums of Money Controversies Judgments Executions and Demands whatsoever which I the said J. K. ever had or which my Executors Administrators and Assigns or any of us in time to come can or may have to for or against the said C. D his Executors Administrators or Assigns for or by reason of any matter cause or thing whatsoever from the beginning of the World until the day of the date hereof In witness c. A Release upon the Receipt of a Legacy BE it known unto all men by these presents That I T. B. of c. have the day of the date hereof received of J. T. widow Executrix of the last Will and Testament of c. H. T. of c. deceased all that Legacy or sum of c. to me the said T. B. by the
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
manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Statutes Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of Rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said J. B. or by the said W. B. or by any other person or persons whatsoever except the Estate of the said E. M. for her life and except the Rents and Services from henceforth to be due payable to the Chief Lord or Lords of the Fee or Fees of the premises and also the said I. B. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said B. M. his Heirs or Assigns shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly have hold and enjoy the said premises and every part thereof without any let interruption challenge claim disturbance or incumbrance of or by him the said I. B. or his Heirs and without any lawful let interruption challenge claim disturbance or incumbrance of or by any other person or persons except such as shall or may claim by or under the right or title of the said E. M. or for the Rents and Services aforesaid And further that he the said I. B. and his Heirs and every other person or persons lawfully claiming or to claim any manner of lawful estate right title or interest in or to the premises except 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 B. M. his Heirs or Assigns make do and execute all and every such further acts and things for the further and better assuring of the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever as by him the said B. M. his Heirs or Assigns or by his or their Council c. so as for the doing thereof c. a Bargain and Sale of Deeds c. In witness c. Note B. M. demised the Lands to A. and B. Habend forty years if the Coverture between him and E. his wife so long continue on trust to suffer him to enjoy and make such Grants as he shall appoint Nota. B. M. surrendereth to I. B. the premises Habend to him and his Heirs provided if I. B. or his Assigns pay not 200 l. before Midsummer next c. to be void B. M. to enjoy the premises in the mean time P. H. purchaseth Lands of W. H. Uxor other Lands he holds in Right of I. his wife to whom the same were devised by R. I. her Brother in Fee-simple the Brother and Heir of the Devisor intendeth to settle other Lands which came to him by Descent on the said P. and I. in tail Now for the setling as well the Lands purchased of H. as all the rest a Fine is levied by W. H. Uxor I. I. Heir to the Devisor Uxor and the said P. Uxor and T. P. and I. C. The uses whereof are declared by the Deed following THis Indenture Tripartite c. between W. H. of c. and M. his Wife T. I. of c. Brother and Heir of R. I. late of c. deceased who was Son and Heir of I. I. late of c. deceased begotten on the Body of I. his Wife Daughter of T. P. of c. deceased and A. the Wife of the said T. I. of the first part P. H. and I. his Wife of the second part and T. P. and I. C. of c. of the third part witnesseth That whereas the said W. H. by his Deed indented bearing date April 18. in the sixteenth year of c. for the consideration therein expressed did grant bargain sell and convey to the said P. H. his Heirs and Assigns for ever two several Messuages or Tenements with the Garden and appurtenances thereunto belonging scituate and being c. and then and yet in the several holding of c. and also three several holdings of c. and also three several Messuages or Tenements with a Garden or Out-ground on the back part thereof and to the same three Tenements or some of them belonging or appertaining scituate and being c. and then and yet in the several Tenures or Occupation of c. as in and by the same Deed indented more at large appeareth and whereas also the said R. I. being in his life-time lawfully seized in Fee-tail of and in all the Messuages Lands Tenements and Hereditaments hereafter mentioned that is to say all that great Messuage or Tenement wherein c. scituate and being c. and also two other Messuages or Tenements c. and also three Gardens c. and in his life-time viz. in the Term of Easter in the sixteenth year of c. acknowledge and levy to the said P. H. and T. P. one Fine sur conuzance de droit come ceo c. which was sued out with Proclamation according to the form of the Statute in that case made and provided before the then Justices of the Court of Common-Pleas at Westminster of all the said Messuage Lands Tenements and Premises by the names of nine Messuages and four Gardens with the appurtenances in c. as by the said Fine remaining of Record in the said Court more at large may appear Which said Fine was levyed to the intent and purpose to make the said R. I. Tenant of all the said premises in Fee-simple as by Indentures to that purpose made bearing date April 20. in the said sixteenth year of c. made between the said R. I. of the one part and the said T. P. and P. H. of the other part more at large it doth and may appear and whereas the said R. I. after the levying of the said Fine that is to say April 25. in the seventeenth year c. by the last Will and Testament in writing bearing date the day and year last mentioned did give and devise in these words viz. I give and bequeath all that Tenement c. unto Joan H. my Sister Wife of Peter H. and to her Heirs and Assigns for ever and also in another place of the said Will gave and devised in these words viz. Item I give to my Sister J. H. and to her Heirs and Assigns for ever my House Lodge and Orchard with the appurtenances lying and being c. as by the said Will and Testament may appear and whereas the said Richard Joanes afterwards died leaving all the residue of the said Messuages Lands Tenements and Premises to descend and come to the said T. I. as Brother and Heir of the said R. I. witnesseth now
the said R. O. at c. the said Writing or Release sealed and delivered as aforesaid being certified under the hands of two or three sufficient witnesses safe whole uncancelled and undefaced that then c. or else c. A Condition to suffer a mans Wife to make her Will. THe Condition c. That whereas the within-bound A. B. shall shortly by Gods Grace marry and take to Wife C. D. late the Wife of E. F. deceased and by reason and means of the said Marriage he the said A. B. shall be greatly preferred and advanced in substance and riches in consideration whereof if so be that the said A.B. after Marriage had and solemnized between him and the said C. D. do quietly permit and suffer the said C.D. if she fortune to decease before the said A. B. to declare and make her Will in writing or otherwise by word of mouth and in the same to give will and bequeath or otherwise to assign and dispose of at her free will and pleasure to and amongst her kindred friends and acquaintance or to any of them or to any other person or persons as to her shall be thought meet and convenient the sum of c. of c. And further If the said A. B. his Executors Administrators or Assigns or any of them upon reasonable request to him them or any of them to be made by any such person or persons to whom the said C. D. shall so give and bequeath any such sum or sums of Money extending no further than to the said sum or value of c. as is aforesaid do well and truly pay or cause to be paid all and every the said several sum and sums of Money Gifts and Requests so to be given and bequeathed by the said C. D. and in such manner as shall be by her appointed that then c. or else c. A Condition to Marry one by a day or else to pay a sum of Money THe Condition c. That if the within-bound A. B. do on or before the c. of c. lawfully espouse marry and take to Wife one E. K. the daughter of c. if she the said E. will thereunto assent and agree and the Ecclesiastical Laws permit and suffer the same But in case it shall happen the said E. K. and A. B. and either of them to die or decease before such Marriage had and soIemnized as aforesaid then if the said A. B. his Executors Administrators and Assigns do well and truly pay c. to the said E. K. her Executors or Assigns the sum of c. on c. at c. that then c. or else c. A Condition to be a true Prisoner THe Condition c. That if J. H. Merchant of St. Lucus which now is in the prison of the Kingdom of England under keeping of the Sheriff within-written as well by reason of writ of c. of the Statute of the Staple containing the sum of c. as also for other certain Actions Causes and Suits on the behalf of R. S. c. moved and commenced be from henceforth a true and faithful Prisoner tarrying and remaining with the said Sheriff and his Deputies till the same J. H. be fully discharged and acquitted of the said Actions and then content and pay to the said Sheriff c. all and singular costs charges fees and other duties in such cases heretofore accustomed to be paid that then c. or else c. A Condition to save harmless for being bound for the appearance of a man THe Condition c. That whereas the within-named O. P. at the special instance request and desire of the within-bound Sir E. G. by one Obligation bearing the date within-written standeth bound joyntly and severally with the said Sir E. G. and the within-bound A. M. unto R. H. and H. H. Sheriffs of the City of London in the sum of c. of c. with a Condition there-underwritten for the appearance of the said Sir E. G. before the Justices of the Court of Common-Pleas at Westminster on c. next c. to answer to C. G. of a Plea of Trespass as by the same Obligation and Condition thereof more at large appeareth If therefore the said Sir E. G. do according to the tenor and true meaning of the Obligation and condition above-recited appear before the said Justices of the said Court c. on the day in and by the condition of the said Obligation limited and appointed for his appearance to answer unto the said C. G. of a Plea of Trespass And also if the said Sir E. G. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit discharge or save and keep harmless the said G. P. his Heirs c. and his and their Goods and every of them against the said Sheriff of the City of London and against all other persons whatsoever of and for the said Obligation and Condition above-recited and penalty of the said Obligation contained and every part and parcel thereof and of and from all Actions Suits Judgments Executions Condemnations Damages and Demands touching or concerning the same that then c. or else c. A Condition wherein the Factor is truly bound to serve the Merchant and no other THe Condition c. That if the within-bound J. O. do from the day of the date within-written unto the end and term of four years from thence next ensuing and fully to be compleat and ended well truly and faithfully serve the within-named L. S. and his Assigns in the Trade and Traffick of Merchandizes as well in this Realm of England as in any other parts beyond the Seas and also if the said J. O. at all times hereafter and from time to time during the said term of Four years upon the reasonable request of the said L. S. his executors administrators or assigns to be made to the said I. O. do make yield and deliver unto the said L. S. and his assigns as from any other person or persons by his or their assigns notes and rest of all such Sum and Sums of Money as shall appear upon the foot of every such accompt or reckoning as shall be so yielded made and delivered by the said I. O. to the said L. S. his executors administrators or assigns in form aforesaid And further if the said I. O. at any time hereafter during the said term of Four years as the said I. O. shall be Factor Doer or Agent to the said L. S. and his assigns by any manner of wayes or means do not traffique or merchandize or the affairs or businesse of any manner of person or persons whatsoever other than the said L. S. and his assigns without the special licence consent will knowledge and agreement of the said L. S. his executors administrators or assigns thereunto first had and obtained in writing under his and their hand
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
your Orator and having to that end drawn him into the Bonds aforesaid and being combined and confederated to lay upon him the whole burthen and penalty thereof have the better to effect the same so plotted as that the said G. B. who was and is privy to the whole passage of the business before mentioned and whom the said H. used as his Instrument to draw your Orator into the said Bonds hath lately since the money mentioned in the Conditions thereof become thereby due absented himself with the privity and by the procurement of the said H. and liveth now in remote and obscure places unknown to your Orator but well known to the said J.H. who while the said B. was here present never demanded of your Orator any money at all nor any way questioned him upon the said Bonds or either of them but now the said G.B. who could detect his dealing in the premisses being absent and kept out of the way be the said J.H. upon advantage therein and in pursuance of their plot aforesaid doth now pretend and give out in speeches that the said Bonds were real Securities and entred into for just debts and that your Orator and the said B.B. and I.I. or some one of them had of the said H. Money or Commodities of the value of Money mentioned in the Conditions of the said Bonds which money he pretendeth to be still unsatisfied and the said Bonds thereby forfeited and thereupon he the said I.H. hath of late arrested your Orator and commenceth or threatneth to commence and prosecute several Sutes against him at the Common Law upon the said several Bonds and spareing the said G.B. whom he hath purposely absented bendeth all his force against your Orator and albeit he the said I.I. hath received satisfaction of and from the said B.B. and I. I and of and from some others in their use or in their behalf of and for all the money and Commodities if any other were lent and delivered by him upon the said Bond and knoweth well that your Orator had never any part of such money or Commodity or any consideration at all for or in respect of his entring into the said Bonds but was meerly drawn thereunto upon the promises aforesaid which were never performed unto him yet he the said I.H. continueth still his sute and threatnings of sute against your Orator at the Common Law upon the said Bonds with intent to recover of him the whole penalties thereof and the said B. B. giveth way and furtherance thereunto and will take no course to free and discharge your Orator thereof nor will the said I.H. seek for satisfaction as he ought if any be due unto him at the hand of the said B.B. nor discover where the said B.B. is but both of them by a joynt confederacy between them intend to lay upon your Orator the whole burden and penalties of both the said Bonds and then to share and divide the same between them contrary to all rites and rules of Equity and to your said Orators apparent wrong and supportable hindrance unless he may find redress for the same before your Lordships in the justice and equity of this honourable Court. In tender consideration whereof and of all the aforesaid premisses and for that your Orator is void of all remedy by the course of the Common Laws of this Land to relieve himself in the said premisses and cannot there plead the matter of Equity before alledged nor any other sufficient Plea in Bar or be discharged of the said Bonds and of the Suits there commenced and threatned against him thereupon nor can thereby compel the said B.B. to take any course for your Orators discharge of the said Bonds and there enforce him and the said I.H. to perform and make good unto your Orator their promisses aforesaid for that your Orator hath no such precise proof of the said premisses by witnesses now living extant as the Common Law in such cases requireth but your said Orator is for all those matters before your Lordships in course of Equity properly to be relieved where he hopeth the said I H. and B. B. will upon their Oaths if they may be thereunto called confess their said promisses and the premisses to be true in such sort as aforesaid or if they shall deny the same that yet your Orator shall be able to make such proof thereof by circumstances as may in Equity move your Lordships to relieve him therein Therefore and to the end the said I.H. and B B. may upon their Oaths declare and set down what and how much money or commodities and what sorts and value the said I.H. disbursed lent or delivered upon the security of the Bonds aforesaid and when and to whom and whether he had the same or any part and what part thereof back again and what other satisfaction he the said I.H. hath received for or towards the said Bonds or the money mentioned in the Conditions thereof and for whom and to the end that the said I. H. and G.B. may be ordered to discharge your Orator of and from the said Bonds and that all Sutes at the Common Law thereupon against your Orator may be stayed that the matters concerning the same may be here determined in and by this Honourable Court according to Equity May it please your good Lordship the premisses considered as well to grant unto your said Orator Process of Injunction to be directed to the said I.H. commanding and enjoyning him his Counsellers Attorney or Agents and Solicitors thereby to surcease and stay all Sutes and further proceedings at the Common Law against your Crator upon the Bonds aforesaid or either of them untill the matters of Equity concerning the same be heard and determined in and by this Honourable Court As also to grant unto your Orator his Majesties most gratious writ of Subpoena c. A Bill of Revivor HUmbly complaining c. R. W. of c. brother and heir of W.W. late of W. c. That whereas the said W. W. in his life-time viz. in Easter Term in the Fourth year c. exhibited his Bill of Complaint in this High and Honourable Court of Chancery before your Lordship the tenor whereof followeth in these words To the Right Honourable c. recite the whole Bill verbatim And the said W.C. being accordingly served with Process of Subpoena issuing out of this Court appeared in the said Term c. and upon his Corporal Oath then and there made his answer to the said Bill of Complaint which answer remaineth upon Record in the Honourable Court whereunto your Orator concerning the particular matters and circumstances therein contained prayeth that he may refer himself for more certainty and then in brief shew all the further proceedings in particular since which time may it please your good Lordship that the said W.W. dyed whereby the said Bill Process and whole proceedings thereupon are abated and yet nevertheless the whole right title and
with all the rights members and appurtenances whatsoever thereunto belonging And that you fully accomplish and fulfill all other the several acts and things which your office obligeth you to perform herein Witness my hand and seal the c. A deed of feoffment with a Letter of Attorney to give livery and seisin TO all to whom these presents shall come S. W of c. sendeth greeting Know ye that the said S.W. for and in consideration of the sum of 5 s. of lawful money of England to them in hand paid by S.M. and C.D. of c. whereof the said S.W. doth hereby acknowledge the receipt and of the sum of 5000 l. of lawful money paid and secured to be paid unto and for the use of the said S.W. his Executors or Assigns have granted enfeoffed and confirmed and do by these presents grant enfeoff confirm unto the said S.M. C D. their Heirs and Assigns all those Lands Tenements and Hereditaments with their and every of their appurtenances commonly called or known by the names of R. and G. containing by estimation 600 acres be the same more or less scituate lying and being in the Towns Parishes Villages and Hamlets of T. and M. in the said County of K. or one of them together with all other lands tenements and hereditaments heretofore of S. W. deceased and late of S. W. Dr. in Divinity thaâ— are scituate lying and being in the Towns Villages and Hamlets of T. and M. aforesaid or either of them and also the reversion and reversions remainder and remainders of the said lands tenements and premisses and every part thereof and also all the estate right title interest clame and demand whatsoever of the said S. W. of in and to the same and every part thereof to have and to hold the said Lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the only use and behoof of them the said S.M. and C.D. their Heirs and Assigns for ever and the said S.W. doth by these presents make Constitute Ordain Authorize and Appoint F. L. of c. in the said County of c. and G.M. of c. in the said County of c. their true and lawful Atturneys for them and in their names and stead joyntly or severally to enter into the said lands tenements and premisses or into some part thereof in the name of the whole and possession thereof for them and in their names and stead to take and after such possession so thereof had and taken for them and in their names and stead to deliver full and peaceable possession and seisin of the said lands tenements and premisses with the appurtenances or of some part thereof in the name of the whole to the said S.M. and C.D. or one of them or to their lawful Attorney according to the form of these presents ratifying confirming and allowing all and whatsoever their said Attorneys or either of them shall do in the premisses by vertue of these presents In Witness whereof the said S.W. to these presents his hand and seal hath set the c. day of c. in the year c. An Indenture to bar an Estate-tail THis Indenture made the seventh day of October in the 11th year of the Reign of our Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Between T.B. of W. in the County of B. Yeoman on the one part and T.M. of H. in the said County Yeoman and H.H. of H. aforesaid in the said County Yeoman on the other part Whereas T.B. deceased Grandfather of the said T.B. party to these presents Recital of a Will by his last Will and Testament in writing amongst other things therein contained did give and devise unto J B. also deceased father of the said T.B. party to these presents and to the Heirs male of his body with remainders over all that his Messuage or Tenement with the appurtenances scituate and being in W. in the said County of B. and all that his Close adjoyning to the said messuage or tenement and all that acre of Meadow-ground called the long Hale lying in W. Meade and three yards of Meadow called the Elboes in the said Parish of W. and half his arable Lands Leyes and Meadow-ground lying and being in the Parish and Fields of W. aforesaid and R. or one of them with their and every of their appurtenances in the said County of B. as by the said last Will it doth and may appear and which premisses do contain a Messuage with the appurtenances and one Yard-land by estimation be it more or less And whereas the said T. B. the Grand-father shortly after making the said Will dyed the said J. B. his Son him surviving after which time the said J.B. having issue the said T.B. party to these presents his eldest Son and Heir male and the said J. B. being since also dead by and after whose decease the said T.B. party to these presents now is in actual possession of the said Messuage or Tenement Closes Lands Meadowes and Premisses with the Remainders over as aforesaid Now this Indenture witnesseth That the said T. B. party to these presents To cut off the estate taile intending as well to cut off the said estate tail and to barre the Remainders thereon depending and to settle the said Messuage or Tenement Close Lands Meadowes and Premisses to him the said T.P. party to these presents and his heirs as also to barre all pretences of right that futurely may or can be made unto all and every or any the said Messuages Lands Meadowes and Premisses so given to the said J.B. his Father and since come unto him the said T. B. party to these presents for that purpose Covenant to levy a Fine Doth hereby Covenant and Grant for himself his Heirs Executors and Administrators and for every of them to and with the said T.M. his Heirs and Assigns by these presents That he the said T. B. shall and will on and before the Feast of St. Andrew the Apostle now next ensuing the date hereof in due form of Law acknowledge and levy one or more Fine or Fines Sur cognizance de droit come ceo c. before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster unto the said T.M. of and for the said Messuage or Tenement Close and all and every the said Meadows Lands 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 such other name or names quantity or number of Acres as to the said T. M. or his Council Learned shall seem meet and expedient To the intent that he the said T. M. shall
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
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
And further and all and every such other act and acts thing and things assurance and assurances conveyance and conveyances in the Law whatsoever for the better more perfect sure and absolute conveying and assuring of all and singular the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all other the premisses with the appurtenances by the said recited Indenture mentioned or intended to be granted bargained and sold unto the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of Condition Mortgage or Redemption be it by fine or fines feoffment Recovery or Recoveries with single or double voucher or vouchers deed or deeds enrolled or not enrolled the enrollment of these presents release confirmation or by all or any of them or otherwise by any other lawful and reasonable act and devise with wartanty of him the said R. M. and his Heirs against all men or otherwise without warranty if it be so required as shall be reasonably devised or advised by the learned Council of the said R. L. and G. L. their heirs or assigns or some or one of them And it is covenanted granted concluded and agreed by and between all the said Parties to these presents That T. and W. P. by Writ of Entry For passing of a Recovery Sur disseism en le post to be by them sued forth at the costs and charges of the said R. L. and G. L. out of the High-Court of Chancery and to be returned into the Court of Common-Pleas at Westminster before the Justices there against them the said R. L. and G. L. then in possession of the said Premisses shall recover the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and other the Premisses mentioned meant or intended in or by the said recited Indenture to be bargained and sold with their rights members and appurtenances in due form of Law against the said R. L. and G. L. then being Tenants of the said Premisses with the appurtenances by some name and names in the said Writ and Recovery to be contained and upon the said Writ and proceeding thereupon the said R L. and G. L. after appearance shall vouch over to warrant the said R. M. and that the said R. M. shall thereunto appear and vouch over to warrant the Common vouchee and that each of them the said R. L. and G. L. and the said R. M. shall do and suffer all and whatsoever to them and either of them in that behalf shall belong and appertain for the suffering a good and perfect Recovery of all the said Mannors Lordships Lands Tenements and other the Premisses mentioned in the said Indenture to be thereby given granted bargained and sold unto the said R. L. and G. L. according to the course of Common Recoveries and Assurances of Lands in such Cases used and that the said Recovery shall in due form of law be executed by the Writ of Habere facias seisin accordingly And it is by these presents likewise fully concluded agreed and declared by and between all the Parties unto these presents To lead the use of the Recovery That the said Recovery and all other Recoveries whatsoever had made knowledged levied executed or suffered or to be had made knowledged executed or suffered of the Premisses or of any parcel thereof by or betwixt the said Parties or any of them and the full force and execution of the same and every of them shall be and enure and shall be had taken confirued esteemed and adjudged to be and to enure to the only uses provisoes conditions and limitations before herein mentioned according to the true intent and meaning of the said Indenture and of these presents and to no other use behoof intent or purpose whatsoever And it is further covenanted conditioned concluded and fully agreed by and between the said Parties to these presents For payment of a further sum of money for the absolute purchase of the land mortgaged and the true intent and meaning of the said Parties to these presents is and the said R. L. and G. L. do covenant c. That if the said R. M his Heirs Executors Administrators or Assigns or any of them do not pay or cause to be paid unto the said R. L. and G. L. their Executors Administrators or Assigns nor to any of them the said Sum of 800 l. c. at the day and places of payment thereof above mentioned but shall make default of payment thereof or of any part or parcel thereof according to the true meaning of the said Proviso or condition whereby or by reason whereof the premisses and every parcel thereof shall become absolute to the said R. L. and G. L. their heirs and assigns according to the true intent and plain meaning of these presents that then they the said R. L. and G. L. their Heirs Executors Administrators or Assigns or some of them shall and will pay or cause to be paid unto the said R. M. his Heirs Executors Administrators or Assigns at or c. the full sum of c. in manner and form following that is to say on the c. day of c. the sum of 120 l. and within one whole year next ensuing the day of the death of the said R. M. the Father the sum of 100 l. at the end of one other whole year then next following one other 100 l. and at the end of one other whole year also then next ensuing one other 100 l. in full satisfaction of and for the clear and absolute purchase of the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and of all and singular other the premisses in the said Indenture mentioned to be thereby given granted bargained and sold and of every part and parcel thereof with the appurtenances In witness c. Covenants for surrendring of Copy-hold Lands And the said D. S. for the consideration before in these presents expressed doth further covenant promise and grant for her self For making a Surrender her Heirs Executors and Administrators and for every of them to and with the said J. P. his Heirs and Assigns by these presents That she the said Dame S. S. or her Heirs shall and will on this side and before the Feast of c. at the charges in the Law of the said J. P. his Heirs or Assigns make and suffer or cause to be made and suffered a good and sufficient Surrender in Law to the use of the said J. P. his heirs and assigns for ever according to the custome of the Mannor of C. of one Field or Close of Pasture c. And so recite the Land verbatim for every part and parcel thereof with the appurtenances being parcels of the said Mannor of C. and which late were the Copy-hold inheritance of T. C. deceased according to the custome of the said Mannor And the said Dame S. doth covenant c. That the said
this That a Deed to lead the use of a fine may be either by an Instrument Poll or Indented and the Indented may be either single of two parts of three parts called Tripartite or four parts called Quadripartite or of more parts as the case is thus This Indenture c. between A. of the one part and B. of the second part Or Tripartite as This Indenture c. between A. of the first part B. of the second and D. of the third part Or Quadripartite between A. of the first part C. of the second part E. of the third part and G. of the fourth part and so to name all the persons except the common Vouchee that bear any part in the Deed Fine or Recovery And so in all other matters as the case is the Indentures are to be drawn up In the last place I will cite Six or Seven Cases in this Point and so go on to the next head 1. In 31 H. 8. Nota That a Fine being enrolled in London doth bind as a Fine at Common Law but not as a fine with Proclamations and there needs no Livery of Seisin upon the Deed and this is a Discontinuance without Livery for that by the custome there this bindeth as a fine and the Customes are confirmed by divers Acts of Parliament Litt. Broo. Case 155. 2. In Pasche 2 Jac. B. R. in the Case of the Countess of Rutland against the Earl of Rutland It was held upon Evidence to a Jury and to them delivered by the Court for Law That if there be an Indenture for levying of a Fine to such persons before such a time to such uses and the fine be levied to the same persons within the same time it shall be to the same uses And no Averment can be to the contrary unless it be by other matter in writing But if a fine be levied to other persons or at another time it may be well averred by Paroll to be to other uses For in the first case the Indenture is directory to the fine and in the other case it is but Evidence Cro. 2.29 3. If a Woman who is an inheritrix covenants by Indenture without the knowledg or consent of the husband to levy a Fine to certain Conusees and Uses in the Indenture mentioned and afterwards the Husband covenants by another Indenture without the knowledg and consent of his wife to levy a fine to other Conusees and Uses in that Indenture mentioned and afterwards the husband and wife joyn in a fine to the Conusees in the Indenture of the wife mentioned In this case the Limitations and Declarations of both the Uses in both the Indentures are void and the Fine shall be by construction of Law to the use of the woman and her heirs as if no use had been declared for the wife alone though she be Owner of the Land yet being sub Potestate Viri cannot limit the use on the one side And the husband who hath not any thing in his own right cannot without the good liking of the wise limit the use of the Wives Land So the one is not sui Juris and hath an Estate The other is sui Juris and hath not the Estate and therefore when they differ in the limitation of the Uses all which they do must be void 4. Tenant for life by Fine granted totum statum to A. and his heirs the Grantee dyes the heir being impleaded in a Praecipe prayed ayd and could not have it because it is but an Occupance Co. 10.95 Dyer 321. 5. In the Case of Iseham and Morris Pasch 4 Car. 1. It was Resolved among other things That where one is Lessee for years and assigns over his Lease in trust for himself and afterwards purchases the Inheritance and occupies the Land and then levies a a Fine with Proclamations and the Lessee doth not claim the Lease within the five years this Fine and Non-claim shall barre the interest of the Lessee though he who levied the Fine hath the possession by reason of the Trust But this Trust is included in the fine and the Trustee not making claim his Interest is barred thereby Cro. 1.78 6. Nota. It was agreed by all the Justices and by the Prothonotaries That if the Disseisor levy a Fine and the Disseisee in the preservation of his right against the said fine enter his Claim in the Record of the foot of the fine that the same is not any such claim as shall avoid the Stat. of 4 H. 7. See for this the Lord Zouches Case in Plowd Com. Mich. 29 Eliz. in C. B. 7. In Hill 45 Eliz. B. R. Fitz-Williams Case in Ejectione Firmâ— it was found That Fitzwilliams did suffer a Recovery to the use of himself and his wife with a Remainder to John Fitz-Williams and with a Proviso in these words Provided That it shall be lawful for him and his wife by their Joynt Deed sealed before three Credible witnesses to alter change revoke determine and make void any use or uses Estate or Estates limited in the said Deed and to limit new uses and that from thenceforth the Recovery shall be to the new uses And it was found moreover that Fitz Williams made a Deed and by it declared That it was their intent to alter change determine revoke or avoid all the former uses to J. F. and thereupon without more words limit new Uses In this Case it was doubted If the old Uses were well revoked and the new uses in being And after many Arguments it was adjudged a good Revocation of the old Uses and a good limitation of new uses Moors Rep. 683. And it seems the like Law is of the Uses of a Fine 8. A Fine was levied to A. to the use of A. for life the Remainder to E. in tail the Remainder in fee to B Provided That if B. pay 100 l. that he shall have Tail in fee expectant In this case upon the payment the use shall arise accordingly Dyer 314. 9. If there be Tenant for life the Remainder in see to an Infant and they both levy a Fine and after the fine is reversed as to the Infant yet the Conusee shall have the Land for the life of the Tenant for life because that each of them gave that which he might lawfully give Englishes Case Co. 1. Part 76. in Bredons Case I will in the last place give you the Statutes concerning Fines The first of which is 27 H. 1. Stat. 1. cap. 1. De finibus levatis Exception against a Fine that the Plaintiffs or Defendants or their Ancestors were alwayes seised of the Lands contained in the fine shall not from henceforth be admitted in the Parties to the fine or their heirs The Fines shall two dayes in the Week be publikely and solemnly read and all Pleas cease in the mean time 34 Ed. 3. cap. 18. The Plea of Non-claym of Fines from henceforth to be levied shall not be any barre Marlb 1. cap. 7. All Fines
pertin ut jus suum c. per breve praed c. in forma praed c. et unde dicit quod ipsemet fuit seisitus de Messuag Gardin et Curtilaâ— praed cumpertin in dominico suo ut de feodo et jure c. tempore pacis tempore dicti Domini Regis nunc c. Capiend inde expless ad valenc c. Et quod tale sit jus suum offert c. Et praed R. M. per dict' R.S. Attorn suum ven defend jus praed D. W. qui c. et seisinam ejusd D. W. de qua seisina c et totum c. et quicquid c. ut de feodo et jure c. et maxime de Mess Gardin Curtilag praed ' cum pertin c. et vocat inde ad Warrantizand A. W. civem et aurisabrum London qui modo praesens est hic in Cur ' in propria persona sua et gratis Messuag Gardin et Curtilag praed cum pertin c. praefat R. M. versus praed D. W. warrantizat c. Et super hoc ad Husâ—ingum ultim ' praed ' dictus D. W. per Attornat suum praed petit versus praed ' A.W. tenen per warran suam praed ' tunc et ibidem in propria persona sua existen ' Messuag ' Gardin et Curtilag praed cum pertin ut jus suum c. per breve praed c. in forma praed c. Et unde dicit quod ipsemet fuit seisitus de Messuag ' Gardin et Curtilag praed cum pertinen in dominico suo ut de seodo et jure c. tempore pacis tempore dicti Domini Regis nunc c. Capiend ' inde expless ad Valenc ' c. Et quod tale sit jus suum offert c. Et prâ—d A.W. tenens per Warrant ' suam praed in propria persona sua ven et desend jus praed D. W. qui c. et seisinam ejusdem D. W. de qua seisina c. Et totum c. et quicquid c. ut de feodo et jure c. et maxime de Mess Gardin et Curtilag praed ' cum pertin c. et dicit quod ipse maâ—us jus habet tenend Mesâ—uag ' Gardin ' et Curtilag ' prâ—d cum pertin c. ut tenens inde per warrant suam praed sibi et haeredibus suis ut il ' nunc tenet quam praed D. W. habet petend ' Mess Gardin et Curtilagâ— praed ' cum pertin prout il ' superius pet c. Et de hoc ponit se super magnam assisam dicti Domini Regis nunc c. et petit recognitionem ei superinde sieri secundum cons Civit. praed c. Et super hoc praed D. W. per Attorn suum praed pet licentiam inde interloquendi c. Et habet c. Et postea idem D. W. per Attornat suum praed revenit ad iâ— ' eand ' Cur ' Hustingal ' parat ad placitum ejusd ' A W â—enen per Warrant suam prâ—â—â— in forma praed placitat ' replicand ' c. Et praed A. W. tenens per warranâ— suam praed ' licet solemniter exact ' non reven sed in contemptu praed Curâ— recesâ—iâ— et desaltam fecit Ideo confideratum est tune ibidem per eand Cur ' quod praed ' D.W. recuperet seisinam suam versus praefat R.V. de Messuag ' Gardin Curtilag praed cum pertin c. Tenend eidem D. W. et haered suis quiele de praed ' R. V. et haered suis ac de praed ' E. H. et haered suis ac etiam de praed R. M. et haered suis necnon de praef A. W. et haered suis in perpetuum Et quod praed R.V. habeat de terris tenementis praed E.H. ad Valenc ' c. Et quod praed E.H. habeat de terris et tenementis praed R.M. ad valenc ' c. Et quod praed R.M. habeat de terris et tenementis praed A. W. ad valenc ' c. Et quod idem A. W. sit in misericor c. Et super hoc ad il ' eund Hustingum ad Petitionem dicti D W. praecept est per Cur ' hic Vice-com Lond. quod ipsi eidem D. W. de Mess Gardin et Curtilag praed cum pertin c. hab ere facer plenam et pacificam seisinam et qualiter boc praecept fuer execut scire facer Cur ' hic ad prox Hustingum London de placitis terrae in Guihald Civitat praed tenend c. Ad quem diem scilicet ad Hustingum Lond. de placitis terrae tent in Guihald Lond. die Lunae proxime post Festum Sanctae Mildredae Virginis anno regni dicti Domini nostri Jacobi nunc Regis Angl ' Franciae et Hibern ' 18. praed et Scotiae 53. praed Vicecom ' London viz. praed R.D. et J.D. returnaver ' et certificaver ' Cur ' hic c. quod ipsi virtute praecepti praed eis direct ' plenam et pacificam seisinam praefat D. W. de Messuag ' Gardin ' et Curtilag ' praed ' cum pertin ' c. babere facer juxta exigent praecepti praed ' prout eis superius praecept ' fuit c. An Indenture of Covenant for a Recovery to be suffered THis Indenture made c. between A.B. of c. of the one part and B.C. of c. on the other part witnesseth That it is covenanted c. That the said B. C. shall in Easter Term next recover to him and his Heirs for ever by a Writ of Entry sur disseisin in le Post to be had and prosecuted against the said A.B. before the Kings Majesties Justices of the Common Pleas at Westminster according to the usual course of Common Recoveries heretofore had the Mannor of S. with the appurtenances in D. in the County of M. being now the Inheritance of the said A.B. and that the said Recovery so to be had and the full force and execution thereof shall be and enure and shall be deemed constiued taken to be and enure to the use of the said A. B. his heirs and assigns for ever And the said B. C. and his heirs and assigns shall and will from and after the time the said Recovery shall be had and perfected stand and be seized of all the said Mannor with the appurtenances to the onely use and behoof of the said A.B. his heirs and assigns for ever and to none other use intent or purpose whatsoever In witness whereof c. An Indenture declaring the uses of a Recovery already suffered THis Indenture made c. between T. M. of c. of the one part and A. T. of c. on the other part c. Whereas the said A. T. hath this present Term of St. Michael recovered to him and his heirs for ever by a Writ of Entry sur Disseisin in le Post