parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant grant and agree to and with the said C. D. and E. F and either of them their or either of their Heirs Executors and Administrators by these presents that he the said A. B. shall and will at the next Assizes or general great Sessions for Pleas to be holden at Lancaster before the Justice or Justices of our Soveraign Lord the King there for the time being levie and acknowledg one Fine Sur cognizance de droit come ceo c. with Proclamations thereupon to be had in due form of Law unto the said C. D. and E. F. and their Heirs of and in all and singular those Several Mossuages or Tenements c. by the name of three Messuages two Gardens two Acres of Land twenty Acres of Meadow and fourty Acres of Pasture with the Appurtenances in B. in the County of Lancaster aforesaid c. 5. This Indenture made c. Between A. B. on To levie Fines in the Counties of Chester and Lancaster the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving hath covenanted granted and agreed and by these presents doth for him his Heirs Executors and Administrators covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presents That he the said A. B. shall and will before the Feast of c. next ensuing the Date of these presents in due form of Law acknowledg and levie two or more Fines sur cognizance de droit come ceo c. with proclamations within the Counties Palatine of Chester and Lancaster before the Kings Majesties Justices of Assize or before some other Person or Persons in that behalf lawfully and sufficiently authorized unto him the said C. D. and his Heirs of all that c. The one part being in the County of Chester the other in the County of Lancaster by such Name or Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel Learned in the Law shall be reasonably advised or required c. 6. This Indenture c. Between A. B. of the To levle a Fine in a Court of Ancient Demesne one part and C. D. of the other part Whereas the said A. B. is the Day of the Date of these presents lawfully seized of an Estate of Inheritance to him and the Heirs Males of his body of and in divers Messuages Lands Tenements and Hereditaments within the Liberty of H. at B. in the County of E. hereafter in these presents particularly mentioned Now witnesseth these presents that the said A. B. for divers good Causes and Considerations him hereunto especially moving and for the settling c. doth for himself and his Heirs covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presentâ— That he the said A. B. at his own proper Cost and Charges shall and will in due form of Law before the Feast of c. next ensuing the Date of these presents acknowledg and levie one Fine in the Court of Ancient Demesne within the said Liberty of H. at B. according to the course and common usage for levying of Fines for Lands and Hereditaments within the said Liberty unto the said C. D. of all those Messuages Lands c. by the Name of three Messuages three Gardens fourty Acres of Land c. in H. at B. aforesaid or by such other Name or Names as shall be thought meet c. 7. This Indenture c. Between A. B. and E. To levie a Fine with a Render of an Estate for Years his wife on the one part and C. D. on the other part Witnesseth That for divers gâ—od causes and considerations it is covenanted granted concluded and agreed by and between the said Parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next ensuing at the Cost and Charges of the said C. D. his Executors and Administrators one Fine with Proclamations in due from of Law shall be levied and acknowledged between the said Parties to these presents in manner and form following of one Messuage with the Appurtenances in the Parish of c. and two other Messuages c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances for which Remise Release and Quitclame the said A. B. and E. his wife shall by the said Fine Render the said The Render Messuages and Premises with the Appurtenances unto the said C. D. his Executors Administrators and Assigns to have and to hold the same unto the said C. D. his Executors Administrators and Assignes from the Feast of the Nativity of St. John the Baptist next ensuing the Date hereof for during and until the full end and term of One and Twenty years from thence next ensuing and fully to be compleate and ended Yielding and paying therefore yearly and every year unto the said A. B. and E. his wife their Heirs Executors and Assigns respectively during the said term the yearly Rent or Sum of Five pounds of lawful Moneys of England at Four the most usual Feasts in the year that is to say c. or within thirty Days after either of the said Feasts with Several Covenants to be added as is usual in I eases 8. This Indenture c. Between A. B. and E. Another with a Render of a Rent his wife on the one part and C. D. on the other part Witnesseth That for divers good Gauses and Considerations it is covenanted granted concluded and agreed by and between the said parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next coming at the Cost and Charges of the said C. D. hiâ— Executors and Administrators One Fine with Proclamations in due form of Law shall be levied of certain Messuages c. levied and acknowledged by and between the said parties to these presents by the Names of c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances For which Remise Release and Quitclaim the said The Render A. B. and E. his wife shall by the said Fine grant and render unto the said C. D. his Executors Administrators and Assigns one Annuity or yearly Rent
of Twenty pounds per annum of good and lawful Moneys of England to be issuing and going out of the aforesaid Messuages and Premises with the Appurtenances to have hold receive and enjoy the said Annuity of Twenty pounds per annum and every part and parcel thereof unto the said C. D. his Executors Administrators and Assigns from the Feast of c. next ensuing the Date hereof unto the full end and term of One and thirty years from thence next ensuing and fully to be compleat and ended at the Feast of St. Michael the Archangel and the Annunciation of St. Mary the blessed Virgin by even and equal portions yearly to be paid during the term aforesaid And if it shall happen the said Clause of Distress yearly Rent of Twenty pounds or any part thereof to be behind or unpaid in part or in all by the space of twenty Dayes after either of the said Feasts or Dayes of payment being lawfully demanded that then and from thenceforth it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns into the said Messuages and Premises and every part and parcel thereof to enter and distrain and the Distress and Distresses there to be found and taken lawfully to lead bear drive and carry away and the same to detain and keep until he the said C. D. his Executors Administrators and Assigns shall be fully paid and satisfied the said Annuity or yearly Rent and all and every the Areres thereof c. 9. This Indenture c. Between A. B. and E. To leavie a Fine Sur concessit his Wife on the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators and for the said E. his wife covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. and E. his wife shall and will before the end of this present Term of St. Hillary leavy one Fine Sur concessit with Proclamations in due form of Law before his Majesties Justices of the Common Pleas Court at Westminstor in the County of Midds unto the said C. D. of all the Mannors c. and the Revertion and Revertions Remainder and Remainders of all and singler the premises and of every part and parcel thereof And all Rent and Rents and yearly services and other profits whatsoever reserved and payable upon every demise and demises Leases Grants and Conveyancies whatsoever made and granted of the premises or any part or parcell thereof by such name and names quantities and qualities as shall be thought meet and â— 10. This Indenture c. Between A. B. and E. To sue fortha Recovery with double voucher his wife of the first part C. D. and E. F. of the second part and G. H. on the third Part Witnesseth these presents that it is mutually and respectively covenanted and concluded by and between the said Parties to these presents And the said A. B. doth for himself his Heirs Executors and Administrators and for the said E. his wife covenant and agree to and with the said G. H. his Heirs Executors and Administrators by these presents That he the said A. H. and E. his wife shall and will on this side and before the Feast of c. Tenent to the precipe made by Fine now next ensuing leavy and acknowledg oâ—e Fine sur cognizance de droit come â—co quc ils ont de lour done c. in due form of Law with Proclamations to be had and made according to the common course of Fines in such cases used and the Statuâ—e in that behalf made and provided before the Justices of our Sovereign Lord the King of his Majesties Court of Common Pleas at Westminster or before some other competent person or persons thereunto lawfully and sufficiently authorized to the said C. D. and E. F. and their Heirs of all that the Mannor of S. in the County of B. and of all Messuages Lands Tenements and Hereditameâ—ts whatsoever which are or are reputed part or parcol of the said Mannor or belonging or appertaining thereunto by such name or names quantities qualities contents and numbers of Acres and in such manner and form as by the said G. H. his Heirs of Assigns or his or their Council learned in the Law shall be reasonably devised advised or required which said Fine so or in any other manner to be levied and acknowledged between the said Parties shall be and shall be construed reputed and taked to be to and for the use of the said C. D. and E. F. and their Heirs to the only end intent and purpose that the said C. D. and E. F. shall and may stand and be full and perfect Tenents of the Freehold of the said Mannor Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be leavied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the said Mannor Messuages Lands and Premises against the said C. D. and E. F. and their Heirs according to the true intent and meaning of these presents and the Parties thereunto 11. And it is further covenanted concluded To suffer a Recovery upon a writ of entry en le post and agreed by and between all the said Parties to these presents and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. before the Feast of c. next ensuing the Date hereof by Writ or Writs of entry Sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our said Sovereign Lord the King of the Court of Common Pleas at Westminster in the name of the said G. H. demandant against the said C. D. and E. F. being Tenents to recover to them and their Heirs in due form of Law according to the usual form of common Recoveries for assuring of Lands Tenements and Hereditaments against the said C. D. and E. F. and the surviver of them then Tenent or Tenents of the premises All and every the said Mannor Lands and Premises withal and singular their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained or thus by such name of names and under such number and contents of Acres aâ—d in such manner and form as shall be advised by the Council of the said G. H. unto which said Writ of entry Sur disseisin en le post so to be brought as aforesaid the said C. D. and E. F. shall appear gratis And then and immediately after appearance and defence made shall and will in the said action vouch to warranty the said A. B. and E. his
c. 5. True Reading or declaring to a blind or illiterate Person if required 6. Sealing and Delivery by the maker or his Authority Absolutely and positively to or to the use of the Party or Conditional and as an Escrow to another 7. To an honest end and not by unlawful Contract or made by Force or Fraud 8. Due Ceremony as Attornment Livery of Seisin Intolment A Deed when well made read sealed and delivered may be void or voidable when got by Force Fraud Corrupt agreement Or may be mar'd by Rasure Interlining Addition Breaking the Seal Defacing Judgment of Court c. Arcana Clericalia OR The Mysteries of Clerkship Containing the Forms of Settlement of Estates to uses with power to make Joyntures Leases Grants c. The First Part. CHAP. I. Some Observations taken out of our late Reports and Books touching the Law of Conveyances in general 1. A Bargains and sells to B. a Mannor Fine joyned with other assurances extinguisheth not a condition c. and Covenants to suffer a Recovery and levie a Fine for better assurance of the Mannor and that all Estates assurances and conveyances after to be made of the said Mannor should be to the uses in the said Indenture c. And in the said Indenture there is a Proviso that B. the Bargainee shall do such an Act c. And it was resolved that this Proviso amounts to a condition in Law to defeat the whole Estate and although A. and B. after levied a Fine to a third Person in reference to the Covenant aforesaid yet it was resolved that the Fine did not extinguish the said condition for it was as an assurance and was to be guided by the Indenture Cook lib. 2. 72 73. Lord Cromwels case vide Dyer 157. pag. 28 29 30. 2. Also it was resolved in the said Cromwells case Several conveyances c. do make but one assurance in Law fo 75. a. that the said bargain and sale and Recoverie and Fine although made suffered and levied at several times do make but one assurance in Law of the Mannor according to the same original bargain and contract and every of them tend to perfect the said Bargain and Sale and none of them to destroy any part of it or to subvert the true intent of the Parties As if a man makes a Lease for life of Lands in several Counties and first makes livery in one County and divers daies after maketh livery in another County yet the Rent reserved upon the Lease shall issue out of the Lands in both Counties although the livery by which the estate passed was made at several times And therefore it might be objected that presently upon the first livery the Rent should issue out of it but the Law shall not judge by parcels in subverting of the intent and agreement of the Parties but after all the Acts are done in performance of the original contract and agreement of the Parties the Law shall adjudge upon all as executed at the same time So if one make a deed of Feoffment with warranty and deliver the deed to the Feoffee and after at another time maketh livery secundum formam Charta yet the warranty is good although when the deed was delivered no estate passed to which the warranty might be annexed yet notwithstanding praxis juris pâ—â—storum is to be observed Et qui rationem in omnibus quarunt raâ—ionem subvertunt Cook l. 2. 75. a. Conveyances to be so construed that they may take effect 3. A Conveyance shall have such construction that it may take effect ut res magis valeat quà m pereat If Tenant for life and he in Remainder or Reversion joyn in a Feoffment by deed each one of them passeth his estate viz. the Lessee for life his estate by the livery and the Fee-simple moveth or passeth from him in Remainder or Reversion but if the Feoffment had been by Paroll then it should have been the Feoffment of him in Remainder or Reversion and a surrender of the Lessee for life for otherwise nothing should pass by Paroll Cook lib. 2. Fine works to corroborate a former estates and makes no discontinuance fol. 15. 4. Tenent in Tail by deed inrolled bargains and sells an house to another and his heirs and after the Tenant in Tail levies a Fine with Proclamations to the Bargainee of the same house Resolved 1. That by the Indenture of bargain and sale inrolled the Bargainee had an Estate descendible to his heirs but it was determinable by the death of the Tenant in Tail 2. Resolved that the Fine here levied to the Bargainee doth not make a Discontinuance of the Remainder in Tail nor doth any Estate of Free-hold pass by the Fine but only the Fine with the Proclamations doth corroborate the Estate of the Bargainee and the Stat. of 4 H. 7 chap. 24. and 32 H. 8. cap. 36. makes his Estate more perdurable being after the Fine determinable only upon the death of Tenant in Tail without issue but if the Fine had been levied before the bargain and sale inrolled it had been a discontinuance but in the case before it was not because it operated only upon the Estate which passed precedent Cook lib. 10. fol. 96. Edward Seymors case 5. Nota a diversity when a man hath two wayes Two waies to pass an Estate hoâ— taken to pass Lands and both of them by the Common-law and intends to pass them by one of those wayes yet ut res magiâ— valcat it shall pass by the other As if a man be seized of two Acres of Land in Fee and lettath one of them for Years and makes a Charter of Feoffment of both and maketh livery only of the Acre in possession in the name of both only the. Acre in possession passeth but if the lessee for years after doth attorne then both shall pass because he is by the common Law in the Per as to both but when a man may pass Lands either by the common Law or by raising of a use and setling of it by the Statute there in many cases it is otherwise As if the Father makes a Charter of Feoffment to the Son and a letâ—er of Attorney to make livery if no livery be made no use shall arise unto the Son because then he should be in by the Statute in another degree viz. in the Post and the intention of the Parties is much in the raising of uses Cook upon Lit. 49. a. 6. One sells unto another certain Lands by Acts done for further assurance referre to the Original agreement deed indented upon condition of Reentry upon non-payment of 20 l. and that all assurances shall then be to him and his heirs and Covenants to make other assurances and that they shall be to the use in the Indenture afterwards he makes a Feoffment to the same bargainee to the use of him and his heirs and afterwards levies a Fine to him which was to the uses in
wife who shall likewise appear gratis and vouch to warranty the common Vouchee who shall also appear imparle and make default whereby a perfect Judgment may be had and given against the said C. D. and E. F. and for the said C. D. and E. F. to recover aganst the said A. B. and E. his wife and for the said A. B. and E. his wife to recover in value against the common Vouchee So that a good and perfect Recovery may be had with double Voucher and execution be had and made thereof c. 12. This Indenture c. Between A. B. of the An other with double Voucher the Tenent of the precipe being before made by Deed c. vide Sect. 13. first part C. D. of the second part and G. H. of of the third part Witnesseth that for divers good causes and consideration c. It is covenanted granted and agreed by and between the said Parties to these presents in manner and form following That the said G. H. shall on this side and before the Feast of c. next ensuing the Date of these presents purchase and sue forth out of the High Court of Chancery one original Writ of entry sur disseisin en le post against the said C. D. returnable before the Justices of his Majesties Court of Common Pleas at Westminster at a Time certain in the said Writ to be mentioned And by the said Writ shall demand against the said C. D. all that the Messuage and Lands c. Setting forth the particulars and where they lye By such names qualities and numbers of Acres as by the said G. H. and his Council Learned in the Law shall be devised advised or required Unto which said Writ the said C. D. shall appear gratis and take upon him the Tenancy of all and every the said Messuage Lands and other the Premises with the Appurtenances and shall vouch to warranty the said A. B. who shall appear gratis and vouch to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and after imparle and make default in contempt of the Court so that Judgment shall be given that the said G. H. shall recover the said Messuages Lands and Premises in the said Writ to be contained against the said C. D. and that the said C. D. shall recover over in value against the said common Vouchee And that execution of the said Recovery so to be had shall be made according to the form of common Recoveries in such cases used and accustomed And that the said G. H. C. D. and A. B. and the said common Vouchee and every of them shall and will do execute perform and suffer all and every such Act and Acts thing and things whatsoever as as shall be necessary and expedient for the prosecution of the said Recovery and the execution thereof according to the form and Order of common Recoveries with double Vouchers in such cases used c. 13. This Indenture c. Between A. B. of To make a Tenent to a Precipe by barg sale the one part and C. D. of the other part Witnesseth That the said A. B. for and in consideration of 5s of lawful Money of England to him in hand paid before the sealing and delivery hereof by the said C. D. the receipt whereof the said A B. doth acknowledg And to the end and purpose that the said C. D. may be made a perfect Tenent to a Precipe against whom a common Recovery may be had of the Mannor and Lands hereafter mentioned Hath granted bargained and sold and by these presents doth for him and his Heirs grant bargain and sell unto the said C. D. and his Heirs all that the said Mannor c. To have and to hold the said Mannor Lands and Premises and every part or parcel thereof unto him the said C. D. his Heirs and Assigns for ever to the only use and behoof of the said C. D. his Heirs and Assigns for evermore 14. This Indenture c. Between A. B. of To suffer a Recovery with the recital of the said former deed with double Voucher the first part C. D. of the second part and E. F. on the third part Whereas the said A. B. hath by his Indenture of bargain and sale bearing Date the c. last past before the Date hereof for the consideration therein exprest granted bargained and sold unto the said C. D. and his Heirs all that the Mannor c. to the end of the Habendum which said bargain and sale was made to him the said C. D. and his Heirs to and for the only use intent and purpose that the said C. D. should be sole Tenent of the Premises to a Precipe against whom the Recovery hereafter mentioned might be had in manner and form following Now Witnesseth this present Indenture And it is covenanted concluded and ageed by and between all the said Parties to these presents for the â—selves respectively and their Heirs That before the end of the Term of the Holy Trinity next enâ—uing the Date hereof there shall be at the only cost and chaâ—gâ—s of the said E. F. more brief one Recovery in the nature of a common Recovery for Lands Tenements and Hereditaments in such caâ—es used and accustomed had and executed of the said Mannor c. in his Majesties Court of Common Pleas usually held at Westminster by and in the name of the said E. F. demaâ—dant against the said C. D. Tenent of the said Mannor c. with the appurtenantes who shall vouch to warranty the said A. B. who being vouched shall appear gratiâ— and vouch to warranty the common Vouchee who shall appear gratis and shall enter into the warranty and afterwards make default to the end that a perfect common Recovery shall and may be of the said Mannor Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries for assurance of Lands Tenements and Hereditaments in such cases used and accustomed 15. This Indenture c. Between A. B. of To suffer a Recovery of Lands in sevâ—ral Coâ—nties bâ— several Writs with double Voucher the first part C. D. of the second part and E. F. of the third part Witnesseth That it is covenanted granted and concluded by and between the said Parties to these presents in manner and form following That is to say that the said C. D. †Note he is made Tenent to the Precipe by a former Deed. shall before the Feast of c. now next ensuing the Date hereof suffer the said E. F. to pursue three of the Kings Majesties Writs of entry sur disseisin en le post against the said C. D. before his Majesties Justices of the Common Pleas at Westminster By one of which said Writs of entry the said E. F. shall demand against the said C. D. all that Mannor c. in the County of M. And by
one other of the said Writs the said E. F. shall demand against the said C. D. one Messuage or Tenement with the Appurtenances lying and being in C. in the County of S. and by the third Writ of entry the said E. F. shall demand against the said C. D. All that Capital Messuage c. scituate lying and being in B. in the County of H. By which three several Writs the said Mannor and several Messuages and Lands aforesaid in them respectively to be contained shall be demanded as aforesaid by such name and names quantities qualities and numbers of Acres as by the said E. F. or his Council Learned in the Law shall be thought fit Unto which said several Writs the said C. D. shall appear gratis and after such appearance and defence by him made thereto shall vouch to warranty the said A. B. who shall likewise appear gratis and vouch over to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and after imparle and make default whereupon the said E F. shall have Judgment to Recover the said several Mannor Messuages Lands and Tenements before mentioned against the said C. D. and that the said C. D. shall recover over in value against the said A. B. and that the said A. B. shall have Judgment to recover over in value against the common Vouchee And it is likewise An other Writ for London by Writ of Right Patent concluded and fully agreed by and between the said Parties to these presents that the said C. D. shall likewise suffer the said E. F. to pursue the Kings Majesties Writ of Right Patent against the said C. D. to be returnable and returned before the Major and Sheriffs of the City of London in the Court of the Hustings of the said City by which Writ of Right the said E. F. shall demand against the said C. D All those several Messuages lying and being in c. within the said City by the name of three Messuages and two Gardens with the Appurtenances of them and every of them in the Parish of St. H. within the said City And that at the day of the return of the said Writ the said C. D. shall appear thereunto and after defence made shall vouch to warrant the said A. B. who shall likewise appear and enter into the warranty and shall vouch to waranty the common Vouchee who shall likewise appear imparse and make default and depart in despight whereby the said E. F. shall have Judgment according to the Laws and Customs of the said City to recover the said three Messuages and two Gardens against the said C. D. and for the said C. D. tâ— recover in value against the said A. B. and for the said A. B. to recover in value against the said common Vouchee 16. This Indenture c. Between A. B. of To suffer a Recovery with single Voucher the one part and C. D. of the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said Parties to these presents that the said C. D. shall before the Feast of c. purchase and sue forth against him the said A. B. at the proper cost and charges of the said C. D. one original Writ of entry sur disseisin en le post returnable before his Majesties Justices of the Court of Common Pleas at Westminster and shall thereby demand against the said A. B. all that the Messuage Lands c. by such name or names quantities and numbers of Acres as the said C. D. or his Council shall advise or require Unto which said Writ to be purchased the said A. B. shall appear gratis and shall vouch to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and Imparle and make default that thereupon Judgment may be given that the said C. D. shall recover the said Messuage Lands and Premisses with the Appurtenances against the said A. B. and that the said A. B. shall recover in value against the common Vouchee so that a perfect Recovery may be thereupon had And that the said Parties to these presents and the said common Vouchee shall at the cost and charges in the Law of the said C. D. make do suffer and execute all and every matter and thing matters and things whatsoever meet necessary and expedient for the prosecution of the said Recovery according to the Course of Common Recoveries with single Voucher c. 17. This Indenture c. Between A. B. on An other with single Voucher more brief the one part and C. D. of the other part Witnesseth that it is covenanted concluded and agreed by and between the said Parties o these presents for them and their Heirs that before the end of the Term of the Holy Trinity next ensuing the Date hereof there shall be at the only cost and charges of the said C. D. one Recovery with single Voucher in the nature of common Recoveries for Lands Tenements and Hereditaments in such Cases used and accustomed had and executed in his Majesties Court of Common Pleas usually holden at Westminster of all that Mannor c. against the said A. B. Tenent of the said Mannor and Premises with the Appurtenances who therein shall vouch to warranty the common Vouchee who thereupon shall appear gratis and enter into the warranty and afterwards make default to the end that one perfect Recovery shall and may be of the said Mannor Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries for assurance of Lands Tenements and Hereditaments in such Cases used and accustomed c. 14. This Indenture c. Between A. B. and An other with single Voucher by a man and his Wife E. his wife of the one part and C. D. of the other part Witnesseth that the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators covenant and grant to and with the said C. D. his Heirs and assigns by these presents That he the said A. B. and E. his wife shall and will permit and suffer the said C. D. to prosecute one Writ of entry sur disseisin en le post against them the said A. B. and E. his wife of and for all that Mannor c. with their and every of their Appurtenances by such name or names quantities and numbers of crâ—s and in such sort manner and form as by the said C. D. or his Council learned in the Law shall be reasonably devised advised or required The which said Writ of entry so as aforesaid or in any other manner to be brought shall be returnable in such Court or Courts and before such Judges or Justices as the said C. D. or his Council learned in the Law shall advise or direct befâ—re the end of Michaelmas Term now next coming after the Date of these presents
And the said A. â— and E. his wife shal thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear gratis and after imparlance had shall make default and depart in contempt of the Court whereby one common Recovery shall or may be had or suffered against them the said A. B. and E. his wife of and for the said Mannor according to the usual course of common Recoveries for assurance of Lands and Tenements in such Cases used aâ—d accustomed c. 19. This Indenture c. Between A. B. and An other by Tenents for life he in revertion in London E. his wife and C. D. on the one part and E. F. on the other part Whereas the said A. B. and E. his wife in right of the said E. do now hold and are lawfully 〈◊〉 to hold and enjoy for aâ—d during the natural life of the said E one Messuage c. The Revertion of which said Messuage with the Appurtenances from and after the decease of the said E. doth lawfully belong unto the said C. D. and the Heiâ—s of his Body Now Witnesseth these presents That it is covenanted granted concluded and agreed by and between the said Parties for themselves and their Heirs that the said A. B. and E. his wife and the said C. D. shall before the Feast of c. now next coming permit and suffer the said E. F. in and by a Writ of Right Patent according to the Custom of the said City of London in due form of Law with single or double Voucher or Vouchers to Recover against them the said A. B. and E. his wife and the said C. D. the said Messuage or Tenement aâ—d all other the Premisses with the Appurtenances in such manner and form as by the Council learned in the Law of the said E. F. shall be reasonably devised or advised c. 20. This Indenture made c. Between A. Another in London with double Voucher B. of London Gentleman on the first part and C. D. and E. F. Citizens and Grocers of London on the second part and G. H. and I. K. of c. on the third part Witnesseth That it is covenanted granted concluded and agreed by and between all the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said G. H. and I. K. and either of them their and either of their Heirs Executors and Administrators by these presents That he the said A. B. shall and will within one month next ensuing the Date of these presents make and execute or cause to be made and executed unto the said C. D. and E. F. a good perfect and absolute Estate in the Law in Feesimple of and in all those Messuages c. lying and being in the Parish of c. London and also of and in the Revertion and Revertions of all and singular the Premises to the end intent and purpose that the said C. D. and E. F. and their Heirs may stand and be seised of the said Premisses and become perfect Tenents of the Freehold thereof so that within two months next after the making and execution of the said Estate to them the said C. D. and E. F. as aforesaid the said G. H. and I. K. or the Survivor of them shall and may bring and pursue the Kings Majesties Writ of Right Patent out of his Highness Court of Chancery against the said C. D. and E. F. or the Survivor of them to be directed to the Major and Sheriffs of the City of London By which Writ of Right Patent the said G. H. and I. K. or the Survivor of them in the Guild Hall of the said City before the said Major and Sheriffs in the Court of Hustings according to the custom of the said City shall demand against the said C. D. and E. F. or the Survivor of them The said Messuages or Tenements and all and singular other the Premises with the Appurtenances by such names or quantities as shall be reasonably devised or advised by the Council of the said G. H. and I. K. or the Survivor of them Unto which said Writ the said C. D. and E. F. ot the Survivor of them shall appear gratis and after declaration and defence made thereupon shall vouch to warranty the said A. B who shall appear gratis and enter into the warranties and vouch over to warranty the common Vouchee who shall appear gratis and imparle and after make default in contempt of the Court whereby Judgment shall be given in the said Writ for the said G. H. and I. K against the said C. D. and E. F. and for the said C D. and E. F. to recover in value against the said A. B. and for the said A. B. to recover over in value against the said common Vouchee and Execution thereof shall be had and sued in such sort that a perfect Recovery with double Vouchers shall be had and duly executed of all and singular the Prâ—mises c. 21. This Indenture c. Between A. B. of To suffer a Recovery of Lands in Antient demeasne with double Vouchers the Tenent to the precipe being made by Fine the first part C. D. of the second part vide sect 6. of this Chapter and make such recital as is there and add the Covenant there to levy a Fine from A. B. to C. D. and then add as followeth Which said Fine so or in any other manner to be levied and acknowledged of the Premises between the said Parties shall be and shall be construed and taken to be to and for the use of the said C. D. and his Heirs to the only intent and purpose that the said C. D. may stand and be full and perfect Tenent of the said Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be levied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the Messuages Lands and Premises against the said C. D. and his Heirs according to â—he true intent and meaning of these presents and of the Parties thereunto And it is covenanted granted concluded and agreed by and between all the Parties to these presents That he the said E. F. at his own proper cost and charge shall and will before the Feast of c. now next ensuing the Date hereof purchase or cause to be purchased one or more Writ or Writs of Right Close directed to the Judges Bailiffs or others that have Power to hold Plea in suits Real arising within the said Liberty and shall prosecute the said Writ or Writs in the nature of his Majesties Writ or Writs of entry sur disseisin en le post at the common Law after the manner and course of common Recoveries there used and accustomed against the said C. D. and shall thereby demand against the said C. D. the said Messuages Lands Hereditaments and
Premises with the Appurtenances by such names and quantities of Acres as in the said Fine shall be expressed or by any other name or names and quantities of Acres as shall be thought fit scituate and being within the said Liberty of H. at B. Unto which Writ or Writs the said C. D. shall appear and shall vouch to warranty the said A. B. And the said A. B. shall also appear upon the said Voucher in the said Court and shall vouch to warranty the common Vouchee who shall appear and imparle and afterwards make default whereby a perfect Judgment may be had and given for the said demandant in the said Writ against the said C. D. for the Recovery of the said Messuages Lands and Premises and that he the said C. D. shall recover over in value against the said A. B. and that the said A. B. shall recover over in value against the said common Vouchee after and according to the course of common Recoveries in such cases used in the Court of the said Liberty of H. at B. Or thus Unto which Writ or Writs the said C. D. shall appear in his proper Person or by his Attorney or Attornies lawfully and sufficiently authorized and shall vouch to warranty the said A. B. and that the said A. B. shall appear upon the said Voucher in the said Court in his proper Person or by his Attorney or Attornies lawfully authorised in that behalf and shall vouch to warranty the common Vouchee who shall appear and imparle and afterwards make default c. ut supra 22. This Indenture made c. Between A. B. on the one part and C. D. on the other part To sufferâ—d Recovery in a Court Baron Witnesseth That it is covenanted granted concluded and agreed by and between the said Parties to these presents That the said A. B. before the c. next ensuing the Date hereof shall permit and suffer the said C. D. to affirm and pursue against the said A. B. in the Court Baron of the Mannor of L. in the County of M. one plaint in the nature of a Writ of entry sur disseisin en le post of all and singular that his Messuage and twenty Acres of Meadow with the Appurtenances adjoyning thereunto abbutting c. scituate lying and being within the said Mannor of L. which said Messuage the said A. B. late had in Remainder of the said surrender of C. B. his Father by the name of c. prout en le Copie as by the Courâ— Roll of the General Court of the said Mannor holden at H. on the twenty seventh Day of c. last past before the Date hereof amongst other things more fully it doth and may appear And that the said Plaint shall be affirmed entred and pursued of all and every the Premises with the Appurtenances in H. within the Jurisdiction of the Court of the said Mannor of H. To and upon which Plaint to be affirmed and entred as aforesaid he the said A. B. shall appear in his own proper Person or by his Attorney lawfully authorised in that behalf and shall make his defence thereunto according to Law and vouch to warranty of and for the Premises one I. M. who shall appear and enâ—er into the warranty and after make default according to the manner and form of common Recoveries in Writs of entry sur disscisin en le post whereby the said C. D. shall have Judgment to Recover the said Messuage and twenty Acres of Meadow and other the Premises against the said A. B. and the said A. B. to recover ovâ—r in value against the said I. M. according to the manner and form of common Recoveries for Lands and Tenements Which said Recovery the said A. B. shall suffer to be executed by precept or warrant out of the said Court in the nature of a Writ of haberâ— facseifinam according to the order or manner of the common Law And it is further covenanted granted concluded and agreed by and between the said Parties that the said Recovery and the Estate of the Premises to be had obtained and recovered thereby or by reason thereof shall be to the â—se of the said C. D. his Heirs and Assigns for ever according to the custom of the said Mannor and to no other use intent or purpose whatsoever In Witness c. 23. This Indenture c. Between A. B. of Covenant to make assurance of Lands the one part and C. D. of the other part Witnesseth That the said A. B. for and in consideration of c. doth for him his Heirs Executors and Administrators covenant and grant to and with the said C. D. his Heirs and Assigns by these presents That he the said A. B. his Heirs or Assigns shall and will on this side and before the Feast of c. next ensuing the Date of these presents at and upon the reasonable request and cost and charges in the Law of the said C. D. his Heirs or Assigns by Fine or Fines with Proclamations in due form of Law to be levied Feeoffment or Feeoffmerts Recovery or Recoveries with single or double Voucher or Vouchers or by any such good and sufficient means conveyance or assurance in the Law as by the said C. D. his Heirs or Assigns or his or their Council learnad in the Law shall be in that behalf lawfully and reasonably devised or advised convey and assure or cause to be conveyed and assured unto the said C. D. his Heirs and Assigns All that Messuage c. and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof with the Appurtenances as also all and singuler Deeds Evidences Escripts Munimens and Writings whatsoever touching or concening the said Messuage c. and Premises with the Appurtenances or any part or parcel thereof To have and to hold the said Messuage c. and other the Premises with the Appurtenances unto the said C. D. his Heirs and Assigns for ever And that the said Fine and Fines Recovery and Recoveries and the execution thereof as likewise all conveyances and assurances whatsoever to be had and made according to the tenor effect and true meaning of these presents shall be and enure and shall be construed reputed and taken to be and enure to the only use and behoof of the said C. D. his Heirs and Assigns and to no other use intent or purpose whatsoever With usual covenants from A. B. that he is lawfully seised of an Estate of Inheritance hath power to sell that C. D. shall enjoy free from Incumbrances and for further assurances In Witness c. 24. And the said A. B. for himself his Heirs Covenant that Tenents shall Attorn Executors and Admiâ—istrators doth covenant and grant to and with the said C. D. his Heirs and Assigns by these presents That all and every the now holders and occupiers of the Premises above said shall and will before the Feast of c. now next coming atturn
uses inteâ—ts and purposes and upon the Conditions and Limitations hereafter in these presents limitted expressed and declared and to no other uâ—e intent or purpose whatsoever That is to say c. 2. And it is covenanted concluded and fully agreed Or thus by and between all the said Parties to these presents And they and every of them do hereby exâ—ress signifie and declare That the said Fine so to be levied as aforesaid and all and every other Fiâ—e and Fines hereafter to be had and levied of the Premises or any part thereof between the said Parties or any of them before the said Feast of c. shall be and inure and the said C. D. and E. F. and their and one of their Heits immediately from and after the said Fine as also any other Fine thereof to be levied as aforesaid shall stand and be seized of the Premises to the only uses intents and purposes hereafter mentioned viz. as to the said Messuage or Tenement and Lands with the Appurtenances now in the occupation of c. To the use and behoof of c. And as to the said Messuage or Tenement and Lands now in the occpation of c. To the use and behoof of c. 3. And it is covenanted granted concluded Or thus and agreed by and between all the said Parties to these presents for themselves their Heirs and Assigns That the said Fine to be acknowledged and levied as aforesaid of the Messuages Lands Tenements and Hereditaments aforesaid and the execution thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and of the Heirs of such of them to whom the inheritance of or in the Premises shall be limitted in and by the said intended Fine shall be and shall for ever be adjudged deemed and taken to be And the said C. D. and E. F. and the Heirs of such of them to whom the inheritance of the Premises shall be limitted in or by the said intended Fine and the surviver of them shall stand and be seized of and in all and singular the said Messuages Lands Tenements and Hereditaments and of every part and parcel thereof with the Appurtenances to the uses intents and purposes and under and upon the Provises limittations conditions and agreements hereafter in these presents mentioned and contained That is to say of for and concerning all that Messuage and Lands c. with the Appurtenances in M. aforesaid in the tenure or occupation of c. being parcel of the said Premises whereof the said Fine before by these presents is covenanted to be levied as aforesaid by the said A. B. and of the Revertion and Revertions Remainder and Remainders of the same To the use and behoof of c. And of for and concerning all and every the said other Messuages Lands c. with their and every of their Appurtenances whereof the said Fine is covenanted to be levied as aforesaid and the Revertion and Revertions Remainder and Remainders thereof to the use and behoof of c. 4. This Indenture c. Between A. B. and E. his wife of the one part and C. D. and E. F. Upon a Fine already levied of the other part Whereas the said A. B. and E. his wife have in the Term of St. Hillary last past before thâ— Date of these presents levied one Fine in due form of Law unto the said C. D. and E. F. of all that Mannor c. The which Fine was levied by such names number of Acres and other Particulers as are in the said Fine contained as by the said Fine reference being theteunto had more fully it doth and may appear Now Witnesseth these presents and it is hereby declared by and between all the Parties hereunto That the true intent and meaning of the levying of the said Fine at the time of the levying thereof was and is to be taken to be to the uses intents and purposes hereafter following That is to say to the use of c. 5. This Indenture c. Between A. B. of Upon a Recovery to be had with double Vouchâ—r the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Whereas the said A. B. by one Indenture of bargain and sale Dated the first day of this instant January and inrolled in his Majesties High Court of Chancery the twentieth Day of the same Month made between the said A. B. on the one part and the said C. D. and E. F. on the other part Hath granted bargained and sold to the said C. D. and E. F. and their Heirs all that Mannor c. and the Revertion and Revertions Remainder and Remainders thereof and of every part and parcel thereof To have and to hold the said Mannor c. and all and every the said Premisses with the Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever to the only proper and absolute use and behoof of the said C. D. and E. F. their Heirs and Assigns for ever To the end intent and purpose that the said C. D. and E. F. might thereby and by force of the Statute of transferring uses into possession become Tenents of the Freehold of all and every the Premisses that a good and perfect common Recovery with double Vouchâ—rs may be thereof had and executed Now Witnesseth this present Indenture And it is covenanted concluded and fully agreed by and between all the said Parties to these presents for them and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. and I. K. before the Feast of c. next ensuing the Date of these presents by Writ or Writs of entry sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our Sovereign Lord of the Court of Common-Pleas at Westminster in the Names of the said G. H. and I. K. demandants against the said C. D. and E. F. Tenents or the survivor of them to Recover to them the said G. H. and I. K. and their Heirs in due form of Law according to the usual form of common Recoveries for assurance of Lands Tenements and Hereditaments against the said C. D. and E. F. the said Mannor and Premises with their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained In and to which said Writ the said C. D. and E. F. shall gratis appear in their proper Persons and after defence made shall vouch to warranty the said A. B. who shall likewise thereupon appear and enter into the warranty and vouch over the common Vouchee who shall likewise appear and enter into the warranty and after make default to the end that a perfect common Recovery may be had and executed
and reasons of the settlement vide Chap. 2. and for other good causes and considerations him hereunto moving doth covenant and grant for him his Heirs Executors and Administrators to and with the said C. D. and E. F. and either of them their and either of their Heirs Executors and Administrators and every of them by these presents in manner and form following That is to say That he the said A. B. or his Heirs before the Feast of c. now next ensuing shall and will at the cost and charges of him the said A B. his Heirs Executors and Administrators sufficiently by Fine or Fines Recovery or Recoveries or other sufficient conveyances and assurances in the Law convey and assure unto the said C. D. and E F. and to their Heirs or the survivors of them and his Heirs All that his Mannor c. 19. And it is covenanted granted concluded condescended and agreed by and between the Uses Parties to these presents and thâ—ir Heirs That the said Fine or Fines Recovery or Recoveries and other good and sufficient conveyances and assurances to be had made levied suffered and executed by the said A. B. or his Heirs to the persons aforesaid ot to the surviver of them his or their Heirs before the said Feast of c. shall be and shall be deemed construed reputed and taken to be to the uses intents and purposes hereafter mentioned and to no other use intent or purpose whatsoever That is to say To the use and behoof of c. Or thus and it is covenanted granted concluded and agreed by and between the said Parties to these presents for themselves and their Heirs respectively That the said Fines Feeoffments Conveyances and Assurances for touching or concerning the said Mannor c. to be made levied suffered and executed as aforesaid shall be and the person or persons to whom the said conveyance and Estates shall be made and executed as aforesaid and his or their Heirs shall stand and be seized of the Premisses and every part thereof To the uses intents and purposes hereafter mentioned and to none other use intent or purpose whatsoever That is to say to the use of c. Or thus And shorter Coâ—enant it is covenanted c. That he the said A. B. or his Heirs shall and will within the space of c. next ensuing the Date hereof by good and sufficient conveiance and assurance in the Law sufficiently convey and assure unto the said C. D. and E. F. and their Heirs or to the survivor of them and his Heirs All that his Mannor c. And it is covenanted granted concluded and agreed by and between the said Parties to these presents for them and their Heirs respectively That the said conveiance and assurances so to be had and made as aforesaid shall be and enure And the said C. D. and E. F. and their Heirs immediately from and after such conveiance and assurance so had and made shall stand and be seized of and in all and singuler the said Mannor Lands Tenements and Hereditaments herein before mentioned to be conveyed with their and every of their Appurtenances to the uses intents and purposes hereafter in these presents set down expressed and declared and 〈◊〉 no other use intent or purpose whatsoever â—â—at is to say To the use of c. 20. This Indenture c. Between A. B. of Upon a Fcoffment the one part and C. D. and E. F. of the other part Witnesseth That the said A. B. for and in consideration of a Marriage c. and for settlement in name and blood c. vide Chap. 2 Hath granted aliened enfeoffed released and confirmed and doth by these presents grant alien enfeoffe release and confirm unto the said C. D. and E. F. their Heirs and Assigns for ever All that Mannor c. And the Revertion and Revertions Remainders and Remainders thereof and of every part thereof and all and every the Rent or Rents thereupon reserved due or payable or upon any part thereof To have and to hold the said Mannors c. unto the said C. D. and E. F. their Heirs and Assigns for ever to the several uses intents and purposes and under the several provisoes conditions and limitations hereafter in and by these presents expressed limited and declared and to or for none other use intent or purpose whatsoever That is to say c. Upon a covenant to stand seized c. 21. This Indenture c. Between A. B. of the one part and C. B. one of the Sons of the said A. B. of the other part Witnesseth That whereas the said A. B. is lawfully seized in his 〈…〉 esne as of Fee of and in all that Messuage c. setting down the particulars Now the said A. B. for and in consideration of the natural Love and Affection which he the said A. B. hath and beareth unto his said Son C. B. and for the advancement and maintainance of the said C. B. and preferment to his Heirs and for the establishing and setling of the said Messuage Lands and Premises according to the true intent and meaning of the said A. B. in such manner and form as is hereafter expressed and for divers good causes and considerations him the said A. B. hereunto moving Doth for him his Heirs Executors and Administrators covenant and grant to and with the â—â—id C. B. his Heirs Executors and Administratoâ— ot That he the said A. B. and his Heirs and all and every other person or persons and his and their Heirs which now stand and be seized of and in the said Messuage Lands and Premisses and of every or any part or parcel thereof shall from henceforth stand and be seized thereof and of every or any part or parcel thereof to the use and behoof of the said A. B. for and during the Term of his natural Life and from and after his decease to the use and behoof of the Heirs Males of the Body of the said C. B. lawfully to be begotten and for want of such Issue to the use of the Heirs of the Body of the said C. B. lawfully to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 22. This Indenture c. Between A. B. of Upon a barg and sale for six months and a grant and release of the Revertion the one part and C. D. and E. F. of the other part Witnesseth That the said A. B. for and in consideration of the sum of 5 shillings of lawful money of England to him in hand paid before the sealing and delivery hereof the Receipt whereof he the said A. B c. Hath granted bargained and sold and by these presents doth grant bargain and sell unto the said C. D. and E. F. their Executors and Assigns all that Messuage c. And the Revertion and Revertious Remainder and Remainders thereof and of every part
the said Messuages Lands Tenements and Hereditaments or any of them after that all and every the said Debts shall be fully satisfied â—o any Person or Persons which is are have been or hereafter shall be the Servant or Servants of the said A. B. for and in respect of their Service or Services done or to be done to the said A. B. And also for and towards the payment of such Legacy and Legacies and sums of Mony which the said A. B. shall by his last Will and Testament in writing to be signed sealed and published before three or more sufficient Witnesses give limit ordain and appoint And upon further Trust and confidence After Debts c. paid to surrender the Estate that they the said C. D. E. F. and G. H. their Executors Administrators and Assigns after all and every the said Debts Ingagements Annuities and Legacies shall be payed and satisfied according to the intent and true meaning of thâ—se presents shall and will surrender and yeild up their said Estate and Interest of and in the Premisses so to them limited as aforesaid and of and in every part and parcel thereof to such Person or Persons to whom the Freehold or Inhâ—ritance of the said Premisses shall next and immediately appertain by the purport and true meaning of these presents And from and after the end expâ—ration surrender or other After expiration or surrender to the use of such as by last Will shall be appointed determination of the said Lease of One and forty years The said Fine shall be and inure and the said Cognizees shall stand and be seized of and in the said last mentioned Premisses to the use and behoof of such Person and Persons and for such Estate and Estates and for such part and parcel as the said A. B. shall by his last Wâ—â—l and Testament in writing in the presence of three or more credible Witnesses â—imit appoint and declare c. 2. To the Vse of the said A. B. and his Another by a use limited to make Sale Vide also Sect. 3 hereafter following which gives direction for disposal of the mean profits until Sale Assigns for and during the term of his natural life without impeachment of or for any manner of Waste and from and after the decease of the said A. B. then to the use of the said C. D. E. F. and G. H. the Cognizees their Heirs and Assigns for ever In trust and for and to this end intent and purpose that they the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Heirs shall and may bargain sell convey or otherwise dispose of the same for and towards the payment a For payment of debts satisfaction and discharge of such Debts and sums of Mony as the said A. B. now or shall at the time of his death owe to any Person or Persons whatsoever And for the discharging b Discharge of Sureties of such Person and Persons as do now stand or which at the time of the death of the said A. B. shall stand bound or ingaged for or with the said A. B. for the said Debts or sums of Mony or any of them And also for the satisfaction c Discharge of Moneys borrowed upon Security of Annuities granted payment and discharge of all such sum and sums of Mony which the said A. B. hath or hereafter shall take up borrow or receive and for or in consideration whereof he hath heretofore granted or hereafter shall grant any Annuity or Annuities or Rent or Rents charge issuing or to be issuing or payable out of the said Mannors Lands Tenements Hereditaments and Premisses or any of them whereby the said Rent or Rents shall or may be determined And also for and towards the payment and d Discharge of Legacies discharge of the Legacies and Bequests which the said A. B. by his last Will and Testament in writing to be sealed subscribed and published by him before three sufficient Witnesses shall give or bâ—queath to any Person or Persons or to any Vse or Vses or so much of such sum and sums Debts and Legacies as the value of the said Mannors Lands and Tenements to be sold as aforesaid shall amount unto And if that any overplus shall be of Moneys made or raised by To pay back the Overplus sale of the said Mannors Lands and Tenements and Hereditaments more then shall be or will be sufficient to satisfie and discharge all the said Debts sums of Mony Legacies and Bequests That then the said C. D. E F. and G. H. their Heirs Executors or Administrators shall and will pay and deliver the same overplus which shall remain of the Sale or Value of the said Mannors Lands Tenements and Hereditaments unto the Executors or Administrators of the said A. B. And further upon this Trust and confidence That if such Person or Persons that If next Heir discharge or give Security to pay the Debts Legacies c. the Trustees are to convey back to him shall be next Heir at Law unto the said A. B. shall within one year next after the death of the said A. B. well and truly satisfie pay and discharge all the aforesaid Debts sums of Mony and Legacies and Bequests which by the true intent and meaning of these presents are limited intended or expressed to be paid for out of or in respect of the said Mannors Lands Tenements Hereditaments and Premisses or shall give or make to the said C. D. E. F. and G. H. or the Survivors or Survivor of them good and sufficient Security for the payment of all and every the said Debts sum and sums of Mony Legacies and Bequests which by the true intent and meaning of these presents are before expreâ—t to be paid That then the said C. D. E. F. and G. H. and their Heirs and the Survivors and Survivor of them his and their Heirs and Assigns shall and will at the Cost and charges in the Law of such Person or Persons as shall be next Heir at Law unto the said A. B. convey and assure the said Mannors Messuages Lands Tenements Hereditaments and Premisses to the said Person or Persons his and their Heirs or Assigns by such good and sufficient Conveyance and Assurance in the Law with several respective Warranties onely bâ— every of them the said C. D. E. F. and G. H. severally and respectively against themselves and their several and respective Heirs as by such Person or Persons his or their Heirs or Assigns or his or their Councel learned in the Law shall be reasonably devised advised and required 3. And as for touching and concerning the Another to make Sale c. said Mannors Lordships Messuages Lands Tenements and Hereditaments with their and every of their Appurtenances in the said County of M. to the use and behoof of the said C. D. E. F. and G. H. the Cognizees c. and of their Heirs and
hereunto is That it shall and may be lawful to and for the said A. B. and the said A. B. shall have full power at all times hereafter and from time to time during his life at his free will and pleasure by any his Deed or Deeds Writing or Writings or by his last Will and Testament in writing by him to be seal'd and subscribed in the presence of Two or more credible Witnesses to alter change diminish enlarge revoke determine or make void all and every or any the Vse and Vses Estate and Estates before in and by these presents limited expressed mentioned declared or appointed to any person or persons of or in the said Premisses or any part or parcel thereof and to declare create limit or appoint any other Vse or Vses Estate or Estates to any of the person or persons aforesaid or to any other person or persons whatsoever in such sort manner and form and for such Estate or Estates term terms as the said A. B. shall think meet and convenient And that at all times and from time to â—â—me immediately from and after such alteration change diminution inlargement revocation or determination of the said Vse or Vses Estate or Estates and Creation Declaration Limitation or Appointment of any other Vse or Vses Estate or Estates The said Fine or Fines and Recovery or Recoveries and all and every other Conveyance and Conveyances Assurance and Assurances in the Law whatsoever heretofore had or made or at any time hereafter to be had or made of the said Mannor c. or of any part thereof according to the intent and true meaning of these presents shall be and enure and shall be construed deemed adjudged and taken to be and enure And the said Cognizee or Cognizees of the said Fine or Fines and Recoveror or Recoverors in the said Recovery or Recoveries and the Survivors and Survivor of them their and every of their Heirs and the Heirs of the Survivor of them shall immediately from thenceforth stand and be seized of and in the Premisses or of or in such part thereof whereof any such Declaration Creation Limitation or Appointment of other Vse or Vses Estate or Estates Term or Terms shall be made as is aforesaid to and for such Vse and Vses Estate and Estates intents and purposes and of such Person and Persons and in sucâ—â—ort manner and form as the said A. B. in or bâ— such Deed or Deeds Writing or Writings or bâ— his last Will and Testament in writing by him Sealed and subscribed and testified as aforesaid shall from time to time Create declare limit express or appoint and to none other use intent or purpose whatsoever These presents or any thing therein contained to the contrary thereof in any wise notwithstanding 5. Provided alwayes and it is further Another giving power to revoke Uses with exception of Leases c. hereby Covenanted granted condescended agreed published and declared by and between all and every of the aforesaid parties That the true intent and meaning as well of the aforesaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents was and is that it should and might be and shall and may be lawful to and for the said A. B. from time to time and at all times during his life by his Writing or Writings by him to be signed or sealed in the presence of Three Witnesses of credit or more to signifie or declare that his will and pleasure is That all or any of the Vse or Vses Estate or Estates in possession Reversion or remainder limited appointed raised created or implied in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and Premisses or any of them or for touching or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said Vse and Vses Estate and Estates in possession Reversion or remainder so signified or declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the intent and true meaning of the said A. B. so as aforesaid to be signified and declared other then such Lease or Exception vide Apres Sect. 9. Leases Estate or Estates or Charges which he the said A. B. shall make lay or charge of or upon any of the Premisses for satisfying of Debts or for valuable consideration in money or otherwise by force of the aforesaid Proviso in these presents before expressed And also that Raising new Uses then and from thence forth at all time and times after such signification or significations Declaration or Declarations so to be made it shall and may be lawful to and for the said A. B. at any time or times during his life so often as he shall think good by any other his Writing by him to be signed sealed and testified as aforesaid to limit create appoint and declare of for and concerning the said Mannors Lands Tenements Hereditaments and Premisses or any of them any new or other Vse or Vses to the person or persons aforesaid or to any other person or persons whatsoever and that then and from and after such new Limitation the said Recovery and Fine respectively shall be and inure And New Uses the said Recoverors in the said Recovery and Cognizees of the said Fine and their Heirs and all and every person and persons who then shall be and stand seised of and in the Premisses or any part thereof whereof such new Vse or Vses shall be declared created raised limited or appointed and his and their Heirs shall respectively stand and be seised of the same Premisses or such part thereof whereof such new Vse or Vses shall be declared limited or appointed to such use and uses of such person and persons to whom such other or new Estate or Estates Vse or Vses shall be newly declared created raised limited or appointed and for such Estate and Estates and in such manner and form and by and under such Limitations Conditions and Provisoes as shall be so newly appointed expressed or declared And for want of such Declaration or new Limitation so to be made after any such Revocation Then the said Recovery and Fine touching such of the Premisses whereof no such Declaration Limitation or appointment of Vse shall be made shall be and inure to the only use and behoof of the said A. B. his Heirs and Assigns for ever any thing herein before contained to the contrary thereof notwithstanding But it is and always was the intent of all the parties to these presents That no Revocation or new Limitation should or shall any way frustrate or make void any Lease Estate Rent or Charge made granted or charged or No Revocation or new Limitation to prejudice Leases
seized thereof and of every part and parcel thereof to the use and behoof of me the said A. B. my Heirs and Assigns for ever 4. This Indenture made c. Between Another with a Feoffment added A. B. of the one part and F. G. of the other part Whereas the said A. B. did heretofore by his Indenture bearing Date the c. made between him the said A. B. on the one part and C. D. E. F. and G. H. on the other part Covenant grant and agree to and with the said C. D. E. F. and G. H. their Heirs Executors and Administrators That he the said A. B. and his Heirs in such manner and form as in and by the said recited or mentioned Indenture is Covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the said C. D. E. F. and G. H. and their Heirs and to the Survivor of them and his Heirs All and singular the Mannor of c. with general words to the several uses intents and purposes and under the several Provisoes and Conditions in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose whatsoever The particulars of which said Uses doth more plainly appear in and by the said recited Indenture relation being thereunto had or made In which said recited Indenture there is nevertheless contained and comprised one Proviso or Clause to the tenor or effect hereafter following Provided nevertheless c. reciting the Proviso and power of Revocation word for word Now witnesseth this present Indenture And the said A. B. according to the tenor power or liberty of the said Proviso being fully minded determined and resolved to alter and determine the Estate and Estates limited in Use in or by the said recited or mentioned Indenture unto I. S. of B. Esq and the Heirs Males of his Body and also the Estate and Estates limited in use in or by the said recited Indenture unto I. S. for term of his life without impeachment of Waste and after his decease then to B. S. son of the said I. S. and the Heirs Males of his Body lawfully begotten doth by these presents and by force of and according to the said Proviso and the power The Uses in particular revoked and liberty thereby given revoke repeal and determine all and every the said Estate and Estates in any wise limited in use in or by the said recited or mentioned Indenture unto the said I. S. and the Heirs Males of his Body lawfully begotten and also all and every the Estate and Estates in or by the said recited Indenture limited in use unto the said I. S. for term of his life and all and every the Estate and Estates in or by the said recited Indenture limited in use unto the said B. S. Son of the said I. and the Heirs Males of his Body lawfully begotten of in for and concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their Appurtenances in any wise comprised in or by the said recited or mentioned Indenture And likewise the said A. B. doth hereby declare that the said several and respective Estates limited as aforesaid severally and respectively unto the said T. S. I. S. and B. S. and every of them shall cease determine be frustrate void and of no further effect or continuance in Law And that New Use all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their Appurtenances and the onely use thereof shall from henceforth remain continue and be unto the said A. B. his Heirs and Assigns Now this Indenture further witnesseth that the said A. B. for and in consideration The Feoffment of One thousand pounds of lawful Moneys of England to him in hand payed before the sealing and delivery hereof by the said F. G. the receipt whereof c. Hath given granted enfeoffed and confirmed unto the said T. G. his Heirs and Assigns All that c. with usual general words as in a Feoffment To have and to hold the said c. unto the said F. G. his Heirs and Assigns for ever To the onely proper and absolute use and behoof of the said F. G. his Heirs and Assigns for evermore 5. To all Christian People to whom this present Writing shall come A. B. of c. doth Another of Uses setled upon a Covenant to stand seized send greeting in our Lord God Everlasting Whereas the said A. B. hath by his Indenture bearing Date c. for the consideration therein mentioned Covenanted granted concluded and fully agreed to and with C. D. of c. that the said A. B. and his Heirs and all and every other person and persons and their Heirs which then stood or were seized of all and singular the Mannor of c. should from thenceforth stand and be seized thereof and of every part and parcel thereof to the several uses and behoofs in the said recited Indenture limited and set forth And whereas in and by the said recited Indenture it is also Provided in these words following Provided always c. reciting the Proviso word for word Now know ye that the said A. B. being minded to revoke all and every the said Uses in the said recited Indenture mentioned and expressed in pursuance of the said power and authority to him given by the said Proviso doth by this present writing sealed and subscribed with his proper Hand and Seal declare his will and pleasure to be to adnul determine make void and frustrate And doth by these presents clearly and absolutely adnul make void and frustrate all and singular the said Uses in the said recited Indenture limited and all and every the Estate and Estates thereupon executed or to be executed of in or to the said Mannor c. and Premisses and of in and to every part and parcel thereof in such sort manner and form as if the said Uses or any of them had never been limited or appointed Any thing to the contrary c. 6. To all Christian People c. A. B. of c. Another made upon having Issue Male pursuant to the power given sendeth greeting c. Whereas by certain Indentures bearing Date the c. made between me the said A. B. of the one part and C. D. and E. F. of the other part It was for the Causes and Considerations in the said recited Indenture specified Covenanted granted and concluded between the said Parties to the said Indentures and every of them amongst other things in manner and form following that is to say First I the said A. B. did by the same Indenture for me mine Heirs Executors Administrators and Assigns and every of them Covenant Recital of a Covenant to Enfeoff to Uses grant conclude and agree c. recite here the Covenant to Enfeoff the said C. D. and E. F. To such Uses intents and purposes as
c. Esq and C. B. of c. Son and Heir apparent of the said A. B. and of E. B. deceased late the Wife of the said A. B. and sole Daughter and Heir of E. H. of c. deceased of the first part C. D. and E. F. of the second part And G. H. and I. K. of the third part Whereas the said A. B. is seized in his Demesue as of Fee of some part of the Mannors Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the Courtesse of England of other the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion whereof in Fee-simple being descended by and after the decease of the said E. B. unto the said C. B. Now to the end intent and purpose That the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned and expressed may be established vested and setled in and unto the said A. B. during the Term of his natural life and after his decease upon the said C. B. and upon his Name Stock and Posterity and to such other Uses as are hereby appointed 8. It is Covenanted granted condescended Covenant to levy a Fine concluded and fully agreed by and between the said Parties to these presents And the said A. B. and C. B. do for themselves their Heirs Executors and Administrators Covenant promise grant and agree to and with the said C. D. and E. F. their Heirs Executors and Administrators and to and with every of them by these presents That they the said A. B. and C. B. shall and will on this side and before the end of Michaelmass Term now next ensuing in due form of Law c. Let it be a Covenant to acknowledge a Fine Come ceo c. a Vide before Chap. 3. The use of the Fine to make Cognizees Tenants to a Precipe to G. H. and I. K. of the Mannors of A. B. C. and D. which said Fine or Fines so as aforesaid or in any other sort to be levyed and acknowledged shall be and inure and shall be deemed adjudged esteemed reputed and taken to be and inure to the use of the said G. H. and I. K. and their Heirs to the end intent and purpose that they the said G. H. and I. K. may become perfect Tenants of the Freehold of the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their appurtenances whereby one or more perfect common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following For which intent and purpose it is Covenanted and agreed by and between the said Parties to these presents That it shall and may be lawful to and for the said C. D. and E. F. to bring pursue and prosecute against them the said G. H. and I. K. one or more Writ or Writs of Entry sur disseisin en le post of and for the said Mannors Messuages Lands Tenements Hereditaments and Premisses with their and every of their appurtenances c. b Vide before Chap. 3. as in a Covenant to suffer a Recovery The which said Common Recovery or Recoveries so as aforesaid or in any other manner to be had and suffered And all other Common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the decease of the said E. B. had made levyed suffered acknowledged or executed or to be had made levyed suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereunto they or any of them shall be Parties of for and concerning the said Mannors Messuages Lands Tenements Hereditaments and Premisses or any of them or any part or parcel of them or any of them shall be and inure and shall be adjudged deemed esteemed reputed and taken to be and inure to the uses behoofs intents and purposes and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed 9. That is to say for and concerning the The uses of the Recovery being for life with remainders over in Tail said Mannors of A. and B. c. with general words to the use of the said C. B. for and during the Term of his natural life without impeachment of or for any manner of Waste and with full power to do or commit Waste and from and after the decease of the said C. B. to the use and behoof of the said A. B. for and during the Term of his natural life and from and after the decease of the said C. B. and A. B. to the use and behoof of D. B. eldest Son of the said C. B. and of the Heirs Males of his Body lawfully to be begotten and for default of such Issue to the Remainders in Tail to 1 2 3 c. Sons use and behoof of F. B. second Son of the said C. B. and of the Heirs Males of the Body of the said F. B. lawfully to be begotten And for default of such Issue to the use and behoof of G. B. third Son of the said A. B. and of the Heirs Males of the Body of the said G. B. lawfully begotten And for default of such Issue to the use and behoof of the fourth Son of the Body of the said C. B. on the Body of M. B. his wife begotten or to be begotten and of the Heirs Males of the Body of such fourth Son lawfully to be begotten c. and so to the tenth Son And for default of such Issue to the use and behoof of all and every other Son and Sons of the Body of the said C. B. to be lawfully begotten successively one after the other and of the Heirs Males of the Bodies of every such Son and Sons severally and respectively to be begotten as they and every of them shall be in Seigniority of Age and Priority of Birth the eldest of the said Sons and the Heirs Males of his Body being ever preferr'd before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of I. B. second Son of the said A. B. and of the Heirs males of the body of the said I. B. lawfully to be begotten and for default of such Issue to the use and behoof of the Heirs of the body of the said A. B. lawfully begotten and to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said C. B. for ever 10. And as for and concerning the said Use of the Mannor in C. in trust to be sold Mannor of C. to the use and behoof of the said C. D. and E. F. and of their Heirs and Assigns for ever Upon trust and confidence nevertheless and to the end intent and purpose That they the said C. D. and E. F. and the survivor of them and his Heirs shall and
will sell convey and assure the said Mannor of C. with the rights members and Appurtenances Lands and Tenements thereunto belonging and every part thereof late the Inheritance of the said E. B. deceased for the best benefit profit and advantage which shall or may be bon â fide had or gotten for the same And that the money to be raised by every such sale and as Disposal of the moneys raised by sale every such sale shall be made shall be forthwith paid and disposed of by the said C. D. and E. F. and the survivor of them and his Heirs as followeth That is to say so much money thereof to the said A. B. his Executors or Administrators as according to the true yearly value of the said Mannor and Lands shall come to Five years and a halfs purchase And the residue of the moneys to be raised by such sale as aforesaid shall be disposed of for and towards the payment of the Debts of the said C. B. and sums of money mentioned in the Schedule hereunto annexed And for and towards the payment of such Legacies as the said C. B. shall by his last Will and Testament Devise and bequeath if any overplus remain after that the said Debts are fully satisfied and paid And in default of such Devise or bequest to the Executors or Administrators of the said C. B. and upon further trust and confidence that the To have the Profits until Sale said A. B. his Executors Administrators or Assigns shall or may have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannor Lands and Premisses hereby limited and intended to be sold until such sale shall be made thereof as aforesaid 11. Provided always and it is the true Uses as to part to be void upon non-payment of a sum to the younger Son of A. B. intent and meaning of these presents That if the said D. B. or such other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannors of A. and B. his their or some of their Heirs or Assigns shall not within Two years next after the decease of the said A. B. and C. B. or the survivor of them well and truly pay or cause to be paid unto the said I. B. second Son of the said A. B. if he the said I. B. shall and do so long live the sum of Two Thousand pounds of good and lawful money of England That then and immediately after such default of payment all and every the Use and Uses herein before declared and limited as for and concerning the said Mannors of A. and B. shall cease and be void And then also and from thenceforth the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered and the Recoveror New Use to the younger Son until he hath raised the sum appointed to him and Recoverors therein named his and their Heirs shall stand and be seised of and in all and singular the said Mannors of A. and B. to the use and behoof of the said I. B. his Heirs and Assigns until he or they shall or may out of the Rents Issues and Profits thereof have fully levied and received the said sum of Two Thousand pounds together with consideration after the rate of Six pounds per Centum per annum for the forbearance thereof from the end of the said Two years next ensuing the deaths of the said A. B. and E. B. or the survivor of them and all damages costs and charges which he the said I. B. his Heirs Executors or Administrators shall sustain or be put unto in or about the Recovering of the said Premisses or the said sum of Two Thousand pounds or any part thereof or in or about any Suit concerning the same And from and after such time as the said I. B. his Heirs or Assigns shall or without fraud or covin might have received the said Two thousand pounds together with consideration for the forbearance thereof as aforesaid and all Charges Expences and Damages as aforesaid touching or in any wise concerning the same out of the Rents Issues and Profits of the said Mannors of A. and B. That then and from thenceforth the said Recovery and Recoveries After the sum satisfied the Uses to be as before shall be and inure as to the said Mannors of A. and B. And the Recoveror and Recoverors therein to be named his and their Heirs and Assigns shall stand and be seised thereof and of every part and parcel thereof to the use of such person and persons and of such Estate and Estates to whom the said Mannors ought to have come and remained by the true intent and meaning of these presents in case the said last mentioned Proviso for touching or concerning the said I. B. or any matter or thing whatsoever therein contained had never been 12. And it is further Covenanted granted The Uses of the Mannor of D. concluded declared and fully agreed by and between all the said Parties to these present Indentures for them and their Heirs respectively and the true intent and meaning of these presents and of all the Parties thereunto is That as to for touching and concerning the said Mannor of D. late part of the Inheritance of the said E. B. with the Rights Members Appurtenances Lands Tenements and Hereditaments thereunto belonging The said Recovery and Recoveries so as aforesaid or in any other manner to be had and suffered And all other Recoveries Conveyances Fines Feoffments and Assurances in the Law whatsoever since the Death of the said E. B. late the Wife of the said A. B. had made levyed suffered acknowledged or executed or to be had made levyed suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereto they or any of them shall be Parties of for or concerning the said Mannor of D. or any part or parcel thereof either solely or together with other the said Mannors Lands Tenements and Hereditaments or any of them shall be and inure and shall be adjudged deemed esteemed reputed and taken to be and inure to the uses behoofs intents and purposes as to the said Mannor of D. with the Rights Members and Appurtenances thereof and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed that is to say To the use and behoof To C. B. for life and after to his wife for life of the said C. B. and his Assigns for and during the Term of his natural life without impeachment of or for any manner of Waste and from and after his decease to the use and behoof of M. B. his Wife for and during the term of her natural life And from and after the decease of the Survivor of them the said C.
B. and M. his Wife to the use and behoof of the said A. B. for and during the term of his natural life And from and after his decease to the use of c. 13. Provided always and the true intent Power to make Leases for Portions for Daughters and meaning of these presents is That it shall and may be lawful to and for the said C. B. at any time or times after the decease of the said M. B. in case he shall happen to survive her during his natural life by his Deed or Deeds Indented by him duly executed in the presence of two or more credible Witnesses to make one or more Lease or Leases for one two or three lives or one and twenty years or under of the said Mannor of D. or any part thereof under such Rent Rents Reservations and Covenants as he shall think fit to any Person or Persons whatsoever upon Trust for the raising of the several Portions herein after mentioned for such Daughter or Daughters as the said C. B. shall happen to have and not otherwise provided for that is to say If one Daughter then for the raising of Five hundred pounds for that Daughter and if more Daughters then for the raising of Three hundred pounds a piece for each and every one of the said Daughters to be payed them at their several and respective Ages of one and twenty years or Days of Marriage which shall first happen And that all and every such Lease or Leases Demise or Demises Grant or Grants to be made as aforesaid shall stand and be good and effectual in Law to all The Recovery to be to the use of the â—essees intents and purposes And the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered shall be and inure and the Recoveror or Recoverors therein named or to be named his and their Heirs shall stand and be seized of and in such and so much of the said Mannor of D. as shall be so Demised or Leased to the use of such Person and Persons his and their Executors Administrators and Assigns to whom such Demise or Demises Lease or Leases Grant or Grants shall be made as aforesaid CHAP. XV. The forms of several Covenants used upon Settlements of Estates to Vses 1. ANd it is Covenanted granted concluded To stand seized of such Lands whereof deficiency shall be in the Conveyance to the uses before This may be good where there is consideration of bloud and agreed by and between all and every the said Parties to these presents for the Consideration aforesaid That in case any of the said Mannors c. intended to be comprised in the said Fine or Fines Recovery or Recoveries shall be omitted or left out and not be comprised in the Fine or Fines Recovery or Recoveries or in case there shall happen to be any defect in the assurance of the Premisses or any part thereof according to the intent and true meaning of these presents That then they the said A. B. and C. B. their Heirs and Assigns and all and every other Person and Persons which now are or hereafter shall be seized of and in such the said Mannors c. as shall be so omitted or left out and not comprised as aforesaid or whereof such Fine or Fines Recovery or Recoveries shall not be levyed and had or whereof the assurance hereby intended to be made shall be any way defective shall stand and be seized thereof and of every part and parcel thereof with their and every of their Appurtenances and of the Reversions thereof to the uses and for the several and respective Estate and Estates thereof hereby and herein before severally and respectively limited unto the Person or Persons before named and every of them under the several Provisoes herein before mentioned and to none other uses intents or purposes whatsoever 2. And it is Covenanted granted and agreed Another by and between all and every the said Parties to these presents for them and every of them their and every of their Heirs That the said A. B. his Heirs and Assigns and all and every other Person and Persons and their Heirs which from and after the said Feast of c. next coming shall stand and be seized of all or any the said Mannors c. and other the Premisses before mentioned with Th' appurtenances or any part or parcel thereof and which before the said Feast of c. next coming after the Date hereof shall be not well and sufficiently by Fine Recovery or otherwise conveyed and assured to the several uses purposes and intents before in these presents mentioned or whereof no such Fine or Fines Recovery or Recoveries as is aforesaid shall be before the said Feast Day of c. as aforesaid had levyed knowledged and suffered of and in every part and parcel thereof according to the intent and true meaning of these presents shall at all time and times from and after the said Feast of c. for the consideration herein before expressed stand and be seized of and in the same and every part thereof to the several uses purposes and intents before in and by these presents expressed limited and appointed and in such sort manner form quality degree nature and Condition and of and for such Estate and Estates and under and upon such Provisoes Limitations and Authorities according to the true intent and meaning of these present Indentures in such ample large and beneficial manner and form to all intents constructions and purposes as the same should or ought to have grown been raised or taken any effect in case the said several Fine and Fines Recovery and Recoveries so before in and by these presents Covenanted mentioned intended or agreed to be had levyed knowledged or suffered had been perfectly had and executed according as is before in these presents expressed 3. And the said A. B. for himself his That he is Owner and hath Power to convey to the Uses c. Heirs Executors and Administrators doth Covenant and grant to and with c. That he the said A. B now is and at the time of making and executing of the said Conveyances and Assurances shall be the true and perfect owner of the said Messuages Lands Tenements and Hereditaments with Th' appurtenances and shall be then thereof lawfully seized in Possession of an absolute Estate in Fee-simple and shall then have full power Right Title and Authority to pass convey and assure the Premisses with Th' appurtenances to the uses and according to the effect aforesaid 4. And the said A. B. for himself his Heirs Executors and Administrators doth Another Covenant and grant to and with the said C. D. and E. F. their Heirs and Assigns and to and with every of them by these presents That for and notwithstanding any act or thing whatsoever done or to be done or suffered by the said A. B. to the contrary he
appointed or declared shall or lawfully may quietly and peaceably have hold occupy and enjoy the said Premisses with the Appurtenances and every part and parcel thereof according to the true meaning of the Uses before declared and the Assurances hereafter to be made and passed in that behalf without any let suit vexation hinderance expulsion eviction interruption or trouble of the said A. B. his Heirs or Assigns or any other person or persons whatsoever lawfully claiming from by or under him or them or by his or their means assent command or procurement 11. And that he the said A. B. shall not at Not to do any act to impeach the Settlement any time or times hereafter make do assent unto acknowledge execute or willingly suffer any manner of Estate Conveyance Assurance Act Thing Matter or Devise whatsoever whereby or by reason whereof the uses and Estates before declared or any of them for touching or concerning the said Mannor Messuages Lands and Tenements or any part or parcel thereof shall or may be discontinued cut off debarred overthrown or made void or whereby the said E. B. or any of the said Sons or any Heir of any of their Bodies lawfully begotten or the Heirs of the Body of the said C. B. upon the Body of the said M. B. lawfully begotten or to be begotten shall or may by any means be defeated defrauded excluded or disinherited of the Premisses or any part or parcel thereof or of any Use or Estate hereby to him them or any of them appointed limited or intended or to be contained or mentioned in any of the said Conveyances or Assurances contrary to the true meaning of these presents or whereby or by reason whereof the said A. B. shall or may in any sort or degree be disabled perfectly sufficiently and surely to make pass convey and assure the said Mannor Messuages Lands and Tenements or any part or parcel thereof according to the Uses and Limitations in these presents expressed or declared and according to the purport intent and true meaning hereof 12. And the said A. B. for himself his For further Assurance Heirs Executors and Administrators doth Covenant promise and grant to and with the said C. D. and E. F. their Heirs and Assigns by these presents That he the said A. B. and his Heirs and all and every other Person and Persons lawfully claiming or to claim by from or under him except such as shall or may claim by or under the Leases before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the Costs and Charges in the Law of the said C. D. and E. F. or either of them their or either of their Heirs or Assigns make do acknowledge suffer and execute All such further Act and Acts Thing and Things Assurance and Assurances in the Law whatsoever for the further and better assuring of the said Premisses and every part thereof to the uses intents and purposes aforesaid as by them the said C. D. and E. F. or either of them their or either of their Heirs or Assigns or their or either or any of their Counsel learned in the Law shall be in that behalf reasonably devised or advised and required And that all Fines and other Assurances at any time hereafter to be had levyed suffered or executed of the Premisses or any part thereof by or between the said Parties or any of them shall be and shall be adjudged deemed and taken to be to the uses intents and purposes in these presents mentioned limited and declared and to no other use intent or purpose whatsoever 13. And the said A. B. for himself his c. Another doth Covenant and grant to and with c. That he the said A. B. his Heirs and Assigns shall and will from time to time and at all times hereafter within the space of seven years next ensuing the Date of these presents at and upon every reasonable request and at the only cost and charges in the Law of the said c. and either of them their and either of their Heirs or Assigns further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered All and every such further and reasonable Act and Acts Thing and Things Devise and Devises Assurance and Assurances in the Law whatsoever for the further better and more perfect assuring surety and sure making setling and conveying of the said Mannor c. and of every part and parcel thereof with Th' appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof and of every part and parcel thereof in and by these presents limited expressed appointed and declared and under the Conditions Provisoes and Limitations before mentioned and declared Be it by Fine or Fines Recovery or Recoveries with single or double Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled or by any other ways or means whatsoever as by the said C. D. and E. F. or either of them their or either of their Heirs or Assigns or their or either or any of their Counsel learned in the Law shall be reasonably devised advised or required so as the said A. B. his Heirs or Assigns or any person or persons whatsoever that ought to do or suffer such Act or Acts be not compelled to travel from the place of his or their abode 14. And the said A. B. for himself c. doth For settlement of Land to be purchased Covenant c. that in case the said A. B. or any other to his use shall at any time hereafter happen to purchase any Lands Tenements or Hereditaments of any Person or Persons whatsoever during the life of the said C. B. the Son That then the said A. B. shall cause and procure all such Lands Tenements and Hereditaments which shall be so purchased as aforesaid to be sufficiently conveyed and assured to the use of the said A. B. and C. B. for and during the Term of their natural lives and the life of the longest liver and Survivor of them and after their decease to the use and behoof of the Heirs of the Body of the said C. B. on the Body of the said M. B. lawfully to be begotten and for default of such Issue to the use and behoof of the said A. B. his Heirs and Assigns for ever and to none other use intent or purpose whatsoever 15. And also that he the said A. B. shall To permit 〈…〉 Lands to descend and will permit and suffer all and singular those his Messuages c. in the County of M. which D. B. his Uncle deceased did in his life time give grant convey and assure to him the said A. B. lawfully to descend come and remain immediately after the Decease of the said A. B. to the said C. B. and his Heirs And that
B. had been bound by Policy of Assurance either ordinary or extraordinary made in the Office of Assurance in the Royal Exchange London 29. And I do hereby acknowledg my self Binds himself to bear the loss fully satisfied and payed for this Assurance by the hands of the said C. D. after the rate of five pound sterling per cent And therefore I the said A. B. do bind my self mine Executors and Administrators firmly by these presents That if by any misfortune which God forbid the goods and merchandizes aforesaid so laden or to be laden outwards bound in the said Ship should perish in the said Voyage in Part or in all to pay or cause to be payed unto the said C. D and E. F. their Executors Administrators or Assigns the full sum of Three hundred and fifty pound of lawful Money of England or so much thereof as shall be proved to be lost of the said goods within the space of six Months after notice given and proof made of the said loss In witness A Letter of License from Creditors to a Debtor and Composition made 30. THis Indenture made between A. B. C. The Debt and Estate to pay them D. and E. G. Creditors of E. F. late of c. on the one Part And G. F. of London Widow on the other Part. Whereas the said E. F. at and before the time of his decease was indebted unto the said Creditors in divers and several sums of Money All which they the said Creditors have hitherto patiently forborn And whereas the said G. F. hath since her said Husbands Death perused and examined the estate of her said Husband And finding through divers losses sicknesses and other casual hindrances which enforced her said Husband to impair and lessen the same that the same is far short to give unto the said Creditors a full satisfaction of Forborn Administration their just and due debts hath hitherto forborn to take forth Letters of Administration of the goods chattels and estate of her said Husband as to her properly did belong according to the form and due course of the Laws of this Realm and the said G. F. having called the said Creditors together and acquainted them with the Premises and with the weakness of her said Husbands Estate 31. They the said Creditors by and with Recital of what they accept in Part. one assent and consent were and are willing content and pleased to accept of ten shillings in the pound for their said Debts upon security of her the said G. F. and to be payed at such Dayes and Times and in such manner and form as hereafter is limited expressed and declared and thereupon Leave to administer have given and do by these presents give their full leaves consents and approbations that she the said G. F. shall and may have and take out in her own name Letters of Administration of the Goods Chattels and Personal Estate of her said deceased Husband and that without the interruption or disturbance of them or either of them 32. Now this Indenture witnesseth That Covenant to accept bonds at ten shillings a pound they the said Creditors herein before named do by these presents for them severally and respectively that is to say every of them for himself his Executors and Administrators and not joyntly nor one of them for the other covenant promise and grant to and with the said G. F. her Executors Administrators and Assigns That if the said G. F. her Executors or Administrators do or shall upon or before the c. next ensuing the Date of these presents become bound in several Obligations good and sufficient in the Law in several reasonable penalties unto the said several Creditors before named severally to be conditioned for the payment unto them the said several Creditors their several Executors Administrators or Assigns of the sum of ten shillings of lawful Moneys of England for every pound or twenty shillings of their due and principal Debts by the said E. F. owing respectively as aforesaid not accompting any interest for the same or any part thereof at or in mention the place of payment That is to say on the c. and shall leave the said several Obligations being duely sealed and executed by the said G. F. and each of the said Bonds attested by two Witnesses at the least who are to subscribe their names thereunto safe and uncancelled at c. mention with whom to be left unto or for the said several Creditors That then the said Creditors to or for whom the said Obligations shall be so made and left as aforesaid shall accept severally of the said Obligations and Securities as a full satisfaction of all their several Debts so owing unto them by the said E. F. as aforesaid 33. And shall and will also at the costs and To seal discharges charges of the said G. F. her Executors or Administrators several seal and as their several acts and deeds deliver unto or for the use of the said G. F. several Acquittances and Discharges in writing sufficient in the Law thereby acquitting and releasing as well the said E. F. his Executors and Administrators as also the said G. F. her Executors and Administrators of all Debts Bonds Bills Claims and Demands whatsoever from the beginning of the world until the Day of the Date of these presents 34. And the said Creditors severally and respectively If any do arrest or molest they lose their Debts every one by and for himself his Executors and Administrators and not joyntly nor one of them for the other do covenant and grant to and with the said G. F. her Executors and Administrators and every of them by these presents That if either the said G. F. her Executors or Administrators or her or their Goods or Chattels or the Goods or Chattels late her said deceased Husbands or any of them shall at any time or times hereafter until or before the said Day of c. be arrested attached molested or troubled by the above named Creditors or any of them or by any other person or persons by their or any of their means or procurement or in their or any of their right or rights for or by reason of any Debt or Debts so to them or any of them owing by the said E F. at the time of his decease That then and from thenceforth she the said E. F. her Executors and Administrators shall be acquitted released and discharged against him or them by whom she the said E. F. her Executors or Administrators her their or any of their Goods or Chattels shall be so arrested attatched molested or troubled of and from all Debts Actions Claims and Demands whatsoever from the beginning of the world until the Day of the Date of these presents and that these presents to be pleaded shall be a sufficient barr and discharge in that behalf against him or them of the said Creditors his or their Executors or Administrators
by whom or by whose means or procurement or in whose right she the said G. F. her Executors or Administrators her or their goods or chattels or any of them shall be so arrested attached molested or troubled contrary to the true and plain intent and meaning of these presents 35. Provided alwaies that if all the said Proviso to make void if all do not seal Creditors above named do not or shall not at or before the c. sign seal and as their Act and Deed deliver in due form of Law one part of these presents unto or to the use of the said G. F. that then these presents and every matter and thing therein contained shall be clearly void and of none effect as if the same never had beén made 36. And the said G. F. for her self her Executors Covenant to seal the bonds and Administrators doth covenant and grant to and with the said Creditors and every of them their and every of their Executors and Administrators That in case all the said Creditors shall in due form of Law sign seal and execute one Part of these presents as aforesaid unto or to the use of the said G. H. on or before the c. That then she the said G. F. her Executors or Administrators shall and will in due form of Law make or cause to be made and duly seal and execute the said several Obligations and leave the same at the place aforesaid to and for the said Creditors upon or before the c. In witness c. Another to a Merchant remaining beyond Sea to come into England c. for a Year 37. TO all c. We c. nameing all the Losses of the Debtâ—r Creditors of C. D. now commorant in the Parts beyond Sea do send greeting Know ye That we the said Creditors being particularly sensible of the divers losses and impoverishments lately befallen upon him the said C. D. as well by Sea as by Land whereby as he affirmeth he is disabled at present to make payment unto us of the several Debts and Sums of Money by him due and owing unto us respectively In Consideration whereof and at the special request and desire of the said C. D. That some respit of time may be given him for the gathering in and recovering of his Debts and the effecting of some means for the payment of the several debts by him unto us severally due as aforesaid 38. Have given and granted and by these Power given for a year to come hither and trade c. presents We and every one of us for our and every of our Executors Administrators and Assigns do give and grant unto the said C. D. his Executors and Administrators full and free license and liberty whereby the said C. D. his Executors and Administrators and every of them shall and may freely and quietly at his and their liberties and pleasures when and as often as it may or shall please him or them to go pass repass sojourn dwell and abide with all and singular the Goods Chattels Wares Merchandizes and other things whatsoever of the said C. D. his Executors and Administrators in by and through the Realm of England and the Cities Towns Places and Dominions thereof and elsewhere to and for his and their and every of their most and best advantage commodity and profit and to buy sell exchange or by any waies means or kind of Merchandizing or otherwise imploy deal or trade for any manner of Goods Chattels Wares Merchandizes or other things whatsoever to him or them now belonging or hereafter to be belonging as aforesaid from time to time during the space of one whole year next ensuing the Date of these presents without any lett sail trouble impediment arrest attachment prosecution or impleading or any other grievance hurt or vexation by or through us or any of us or by the Executors Administrators or Assigns of us or any of us in any wise to be done procured or attempted against the said C. D. in his own person or against his Executors or Administrators or any of them or his their or any of their Goods Chattels Wares Merchandizes Money Debts or any other thing whatsoever or any part or parcel of them or any of them for touching concerning upon or by reason or means of any Debt or Debts Duty or Duties Sum or Sums of Money now due or owing by the said C. D. to us his said Creditors or any of us 39. And further we the said A B. D B. E. F. c. That they will not prosecuâ—e or molest the Debtor if so he to be discharged against the prosecutor and every of us by himself for his own Part and for himself his Executors and Administrators and every of them doth covenant and grant to and with the said C. D. his Executors and Administrators and every of them by these presents That if any suit arrest attachment process impediment or other grievance hurt or vexation whatsoever before the end or exspiration of one whole year next ensuing the Date hereof in any wise shall be brought had done procured or effected by or through us or any of us the said Creditors or the Executors Administrators or Assigns of us or any of us or by through or with the will procurement commandment or agreement of us or any of us our or any of our Executors Administrators or Assigns against the said C. D. his Executors or Administrators Sureties or Factors or any of them or against his their or any of their Wares Goods Chattels Merchandizes Moneys Debts or other things whatsoever or any of them or any part or parcel of them or any of them for touching or in any wise concerning or by means or by reason of any Debt or Debts Duty or Duties Sum or Sums of Money whatsoever now due or owing by the said C. D. to us or any of us his said Creditors that then immediately from thenceforth the said C. D. his Heirs Executors and Administrators and every of them shall for ever be acquitted and discharged against him or them of us his said Creditors his and their Executors Administrators and Assigns and every of them by whom any such suit occasion arrest process attachment trouble impediment or other greivance hurt or vexation whatsoever shall in any wise be had brought affirmed or prosecuted to or against the said C. D. his Executors Administrators or Assigns or against his their or any of their Goods Chattels Wares Merchandizes Debts Moneys or other things whatsoever within the said one year contrary to the true intent and meaning of these presents of and from all and singular such Debt and Debts Duty and Duties and Sum and Sums of Money and other thing and things whatsoever due owing or demandable by or from him the said C. D. unto us or any of us our or any of our Executors Administrators or Assigns that such account suit arrest process attachment trouble impediment grievance
shall pay upon such decease within six Months after the Account ballanced and made up unto the Executors or Administrators of such of them the said Copartners dying within the said Term of four Years and after full three Months ballance of Account the same Executors or Administrators first respectively making good to the said joynt Account the charge of him or them respectively Deceased so much lawfull Moneys of England as by the said next ballance of account to be made up by the survivors of them the said Copartners shall justly and truly appear to be due and coming to such of them the said Copartners so deceasing as fully as if the Parties were living the said Executors or Administrators respectively thereout allowing and defalking unto the said surviving Copartners for and towards the losses that may happen to the said surviving Copartners by and through desperate and bad Debts due to the said joynt account so many times fifty pound of lawful monys of England as half years or six months of this Copartnership shall remain then unexpired at the time of such decease 39. And also that such of them the said To save harmless Executors of Party dying Copartners surviving shall and will save and keep harmless and indempnified the Executors or Administrators of such of them the said Parties so deceased of and from all Bonds Bills Debts and Ingagements wherein and for which the Party so deceasing at the time of his decease stood bound or ingaged by virtue of this Copartnership 40. And it is further Covenanted concluded The remaining Stock to proceed c. and agreed by and between the said Parties to these presents and each and every of them by and for himself his Executors and Administrators Covenanteth and granteth to and with the other of them his Executors and Administrators respectively by these presents in manner and form following that is to say That if any of them the said Parties shall decease as aforesaid within the said Term of four years satisfaction for his Stock part and share being made as aforesaid that then the remaining Stock with all other the said joynt Trade and Account shall run on and continue during the residue of the said term of four years by and between the survivors of them the said Copartners and each of them to have a ratable part and proportion of the same and of all gains and loss thereby arising 41. And further that at the end and expiration of the said Copartnership and term of four years or within three months next ensuing To make a perfect account and division at the end of the Copartnership the said Copartners being all living or the survivors in case any of them shall be deceased shall and will meet and come together here in England and adjust and make a true and perfect account at or in the Dwelling-house of the said E. F. for the time being or where for the time being the said joynt Trade shall be chiefly used here in England by and between all the said Parties or survivors of them as well for and concerning all their several dealings and charges for and about the said joynt Trade and account of all such Moneys Warâ—s Goods Merchandizes and Debts that then shall be due â—wing or appertaining to the said joynt Trade and Account and unto them the said Parties by reason thereof and of for and concerning all and every the gains losses profits and chaâ—ges of or by the said joynt Trade arising growing happened or sustained in such particular manner as it may appear what the true state of the same then shall be and what proportion and how much to every of them the said Parties shall be them due belonging or appertaining and shall and will also within the said time or space of three Months Division of the Wares next ensuing the expiration of this Copartnership by equal lots or other dividend divide all Cloaths Wares and Merchandizes between them then remaining unsold or disposed of and belonging to the said joynt account 42 And that immediately and with all Debts to be paid or secured convenient speed then afterwards all and every Debts and sums of Mony due by the said joynt account or by them the said Parties by reason thereof shall be duly payed satisfied and discharged or otherwise equally secured by the Bonds of them the said Copartners or survivors of them in case the said Debts cannot in convenient time be payed as aforesaid 43. And as for and concerning the remainder Division of the Debts and ready Mony of the said Stock of twenty thousand pound and all gains profit and advantage by the Stock accruing whether the sams shall consist in Debts or ready Mony or both the Moneys lent and added to the said Stock by any of the said Copartners with the interest thereof then due being first payed and satisfied the said remaining Moneys and Debts being divided into equal parts and proportions according to the number of the said Copartners or such of them as then shall be living the same shall by Lots cast or some other way as they shall think fit be distributed to the said Copartners or such of them as shall be then living whereby each of them may have a ratable part and proportion of the said Stock and of all clear gains and profit thereby arising 44. And also that every of the said Parties Power to Recover Debts his Executors and Administrators for the better recovery of such Debts and sums of Mony as at the end and determination of the said term of four years shall be due and owing by reason or means of the said Copartnership and as shall happen or fortune to be allotted or divided for or towards the parts or portions of the other of them shall and will at any time upon the reasonable request and at the cost and charges of such others of them to whom such Debts shall be allotted as aforesaid make oâ— cause to be made unto him or them such sufficient Letter and letters of Attorney for and touching the Recovery and receipt of the said Debt and Debâ—s and every part thereof to the proper use and behoof of him and them to whom the same shall be so allotted and divided as aforesaid as by such of the said Parties to whom such Debts or sums of Mony shall be allotted or divided his or their Executors or Administrators or his or their Counsel learned in the Law shall be reasonably devised advised or required 45. And it is expresly condescended and agreed No respect to be had to Survivorship by and between the said Parties to these presents and each and every of them by and for himself his Executors and Administrators doth Covenant and grant to and with each and every of the other of them his Executors and Administrators by these presents in manner and form following that is to say That no right of survivorship shall take place or effect or
or can for the more speedy recovery and getting in of all and every the said several Debts and Duties from time to time to be due or owing to them or any of them as part of the Gains and Stock aforesaid and that the charges of suing for and getting in of the said Debts and Duties from tâ—â—â—e to time shall be born and payed by all the said Parties rateably according to the quantity of their several Stocks and Gains aforesaid 62. And that if it shall happen any of the No right of Survivorship to take place said Parties to dye or depart this life during the said Copartnership That then in any such case no right of Sâ—rvivor or Survivorship shall hold or take place or be bâ— them or any of them challenged claymed or demanded in any wise but that they the said Parties and every of them shall and may lawfully give devâ—se dispose and distribute his and their Parts and Portions of the said Stock and Stocks â—ains and Increase to them severally and properly to belong and be due and belonging by the true intent and meaning of these presents by their or any of their last Wills and Testaments or by any other guile or device as fully and amply as they or any of them could or might do of their own proper Money or Goods not pertinent to this joynt Trade or Account And likewise that the Executors and Administrators of every such Person and Persons so dying may have and enjoy his and their sull rateable Part and Portion of the Stock and Stocks aforesaid and of the Gains and Increase thereof according to the true intent and meaning of these presents without any lett trouble hinderance or interruption of any other of the said Parties survâ—ving any Vsage Law Custom or other impediment to the contrary thereof notwithstanding 63. And that all and every the said Parties To assist each other in obteining their Parts before mentioned their Executors and Administrators at all times dâ—ring the continuance of the said Copartnership and afterwards until the end of the whole bussiness shall be fully finished and brought to perfection by all the good ways that they possibly can shall be aâ—ding and assisting unto each other their Executors and Administrators for the obâ—eining and speedy getting of every and each ones private and particular Part and Portions to him or them to be due upon the Partition or Division aforesaid and that without fraud or covin 64. And each of the said Parties for What to be allowed upon the joynt stock What not himself his Executors and Administrators doth covenant and grant to and with the other of the said parties his and their Executors and Administrators by these presents That it shall not be lawful for the said Parties at any time during the said Copartnership or any of them to take out or diminish any Part of the said joynt Stock or any the Gains or Increase thereof other than such Sum and Sums of Money as hereafter in and by these presents is licensed and allowed And that no charge shall in any wise be put to the Account of the said Copartnership but such as shall be for the merchandizing in Trade and occupying of the Stock and Stocks aforesaid and the Gains and Increase that of and concerning the same shall come arise or increase unless it be for convenient House-room and Warehouse-room in the parts beyond the Seas and for the suing for and getting in of Debts and Duties belonging to the said joynt Trade and other necessary Charges belonging to Merchandize behooveful for their joynt occupying which are to be born by the general account of the said joynt Trade And that the Charges of Warehouse-room Dyet Lodging and such like for the time any of the said Parties shall be within the Citie of London during the time of the said Copartnership shall be upon the particular and sole Charge of the said A. B. his Executors or Administrators 65. And it is Covenanted granted concluded Allowance to Copartners and agreed by and between all the said Parties to these presents and each one of the said Parties for himself respectively and for his several Executors and Administrators do and doth Covenant and grant by these presents that he the said C. D. by way of further Recompence his Executors and Administrators shall every year for and during all the time of the said Copartnership be allowed out of the said joynt Stock and general account the sum of One hundred eighty four pounds per annum of lawful Moneys of England over and above all other his gains and allowance herein before-mentioned One hundred pound yearly whereof it shall and may be lawful to and for the said C. D. to take out of the said joynt Stock to use spend bestow and convert at his own free will and pleasure and that he the said C. D. shall leave yearly the residue being the sum of Eighty four pounds to rest remain and run to and in use to and with the said general Stock during the said Copartnership the profit and loss of which said Eighty four pounds to be divided to and amongst the said Copartners in like manner according to the division and proportion of their several Stocks aforesaid and the said Eighty four pounds yearly together with so much of the said yearly sum of One hundred pounds not formerly taken out at the end and determination of the said Copartnership shall be to the said C. D. his Executors and Administrators fully satisfied and payed or otherwise by him the said C. D. his Executors or Administrators out of his account to be deducted and defalked and that the said G. H. his Executors and Administrators by way of further recompence yearly and every year for and during c. pro ut supra for C. D. and so for the rest Any matter or thing before in these presents contained to the contrary in any wise notwithstanding The manner of composing differences 66. And finally it is Covenanted granted and agreed by and between all the said Parties to these presents That if it shall fortune any variance suit difference doubt controversie discord or contention to happen grow or be moved by and between the said Parties or any of them or the Executors or Administrators of them or any of them for upon or by reason of the said Trade and joynt occupying or any matter or thing thereupon depending or upon or by reason of any matter or thing in these presents contained or expressed That then and so often from time to time as the same shall happen and before any suit arrest or trouble shall be attempted or begun by them or any of them against the other All and every the said variances differences strifes doubts controversies and contentions shall from time to time be referred and submitted to the hearing order award and determination of four honest Persons being of the Company of Merchant-adventurers of England
diligently apply and endeavour himself in the managing of the said joynt trade and to advance the same and the gains and increase thereof for the equal benefit and advantage of both the saiâ— Parties 73. And that neither of them the said Parties shall use the said Trade in any other place but only in the said Messuage during the said Term nor shall use or exercise the said Trade with any other Stock but only for the benefit of both the said Parties And that each of the said Parties shall be true just and faithful to the other of them in all his Buyings Sellings Dealings Doings and Imployments in and about the said joynt Trade and that each of the said Parties shall and lawfully may take out of the said joynt Stock and Gains and have the weekly Sum of thirty shillings for his particular charges of House-keeping 74. And that the said joynt Trade shall be managed and driven and all Buyings Sales Receipts Payments Bills Bonds Specialties and other Assurances to be had made or taken for any matter or thing touching the said joynt Trade shall be from time to time during the said Copartnership entred had made and taken in the joynt names of both the said Parties to these presents 75. And that neither of them the said Parties Neither to become bound with any other Person shall at any time during the said Copartnership become bound or bail or surety or otherwise ingage himself with or for any other Person or Persons for any Debt or Duty Matter or Thing not concerning this Copartnership without the license or consent of the other of the said Parties first had in that behalf in Writing under his hand Nor shall at any Time during the said Copartnership compound release or discharge any Debt or Duty which shall be due or owing to the said joynt Trade without the consent of the other Nor to release Debts c. without the others consent The stock not to be attached for particular debts of either of them the said Parties first had in that behalf Other than so much thereof as shall be brought into the said joynt Stock within four Dayes next after such Release made or given for the same 76. And that the joynt or additional Stock aforesaid or any of the Gains or Inâ—â—ease thereof shall not at any Time during the said Copartnership be attached seized extended or taken in execution for or in respect of the private or particular Debt or Debts Duty or Duties of either of the said Parties not concerning this Copartnership But that such private and particular Debt and Debts Duty and Dutys shall be payed and satisfied by him or them the said Parties whose Debt or Dutyes the same is or shall be out of his own particular State not included in the said Copartnership 77. And that neither of the said Parties Not to retain Apprentices without consent shall at any time during the said Copartnership retain or keep any Servant or Apprentice to be imployed in the said joynt Trade without the consent of the other of them the said Parties first had and obteined in that said behalf 78. And that if either of the said Parties Not to sell upon trust without consent shall at any time hereafter sell or deliver upon Trust or Credit any Wares or Commodities of or belonging to the said joynt Trade without the Coâ—sâ—nt of the other of the said Parties then such of them the said Parties which shall sell or deliver the said Goods or Wares shall within six Months next after such Sale or Delivery made pay in unto the said joynt Stock so much of lawful English Money as each and every such Parcel of Wares shall be sold for if the Person or Persons to whom such Sail or Delivery shall be made shall not in the mean Time pay and satisfie for the same 79. And further it is agreed by the said A B. Discharge of Assessment for the Messuage that he the said A. B. shall and will from time to time during the said Copartnership at his own costs and charges bear pay and discharge all Tithes or other Duties due and payable to the Parson for the aforesaid Messuage and all Assessments for relief of the Poor of the Parish so that the same Assessments exceed not more than the said A. B. now payable and is assessed for the same And moreover it is mutually condescended and agreed The dividend of the stock and gaines by and between the said Parties to these presents and each of them for himself his Executors and Administrators doth covenant and agree to and with the other of them his Executors and Administrators by these presents That each of them the said Parties shall from time to time during the said Copartnership have a several and equal Part Right Title and Interest in and to the said joynt Stock and Proceed of the same and in and to all and every the Gains and Increase which shall be made raised or gotten in by reason or means of the said joynt trade That is to say the said A. B. in and to the moyety or one half Part thereof and the said C. D. in and to the other Moyety or one half Part thereof And that each of them the said Parties his Executors and Administrators shall and may at and upon the Dissolution of the said Copartnership have receive and take his said respective Share and Part of all the said Premises to his and their proper use and behoof for ever in such manner as hereafter in these presents is mentioned No advantage by Survivorship and set down without any lett or interruption of or by the other of them the said Parties his Executors or Administrators and without any benefit or advantage to be taken by Survivorship or by either of the said Parties surviving the other of them any Law Vsage or Custom of Survivorship to the contrary thereof in any wise notwithstanding 80. And that all Debts and Duties which Losses equally born and charges shall be owing by them the said Parties touching the said joynt Trade and all Losses by bad Debtors other than such as shall be trusted by either of them without the consent of the other of them the said Parties Decay in Wares or any other inevitable accident and all charges and expences for repairing of the said house and shop and all other charges necessarily arising for any matter or thing touching the said joynt Trade shall be from time to time during the said Copartnership born susteined and payed by and between the said Parties to these presents equally out of their said joynt Stock and Gains 81. And moreover That they the said Parties To keep shop-books shall from time to time during the said Copartnership at their own charges provide have and keep sufficient and competent Books of Accompt and Reckoning in writing to be always remaining in the said Shop Wherein they the said Parties shall
for touching or concerning the same 88. In consideration whereof the Executors The Executors of the Party deceasing to release all demands or Administrators of the said deceased Party shall upon receipt of the said Security sufficiently and in due form of Law remiss and release unto the said Survivor his Executors and Administrators all the part share right title interest claim and demand whatsoever which they the said Executors and Administrators oâ— the deceased Partie and every or any of them have or hath or may can might should or ought to have in to or out of all and every or any of the Stock Estate Mony Goods Wares and Debts which were in or belonging to the said joynt Trade or Copartnership at the decease of the Party so Except desperate Debts which are to be divided first dying or at any time before except such Debts as were accounted desperate which by the agreement of bath the said Parties to these presents for them their Executors and Administrators are to be equally divided between the Survivor and the Executors and Administrators of the deceased Party as they or any of them shall be received or gotten in 89. And it is further covenanted and agreed How the Estate is to be divided if either die before account made by and between the said Parties to these presents That if either of the said Parties shall happen to depart this life before any yearly Account shall happen to be made between the said Parties touching the said joynt Trade that then the surviving Party his Executors and Administrators shall have and take to his and their own use and bâ—hoof all the Moneys Goods Wares Debts and other Estate whatsoever in or belonging to the said joynt Trade at the time of such decease and shall satisfie the Debts joyntly owing by the said Parties as aforesaid at the time of such decease and shall truly pay unto the Executors or Administrators of the first deceased Party within one year then next ensuing so much lawful English Money as the Stock that then shall be brought into the said joynt Trade by the Partie so deceasing did come and amount unto and that such security shall be given for the same and for the saving harmless of the Executors or Administrators of the deceased Partie of and from the Debts and Duties joyntly owing by the said Parties as aforesaid as is above mentioned to be given for the like purposes in Case the decease of the Partie so first dying had happened after the making of an yearly Release Accompt as aforesaid And that then also the like Release shall be made and given by the Executors or Administrators of the first deceasing Partie to the surviving Partie his Executors and Administrators as is above mentioned 90. And the said A. B. for himself his Touching the Messuage if A. B. do c. Executors and Administrators doth covenant and grant to and with the said C. D. his Executors and Administrators by these presents That if the said A. B. shall happen to decease within the said term of three years that then the Executors or Administrators of the said A. B. shall within twenty Dayes next after his decease demise and grant unto the said C. D. if he shall be then living his Executors and Administrators all the said Messuage or Tenement above mentioned for and during the then Residue of the said Term of three years at for and under the yearly rent of twenty three pound of lawful Moneys of England to be by the said demise reserved quarterly to be payed and with such Covenants to be inserted in the said Demise on the Part and behalf of the said C. D. his Executors Administrators and Assigns to be performed and kept as are conteined in the Lease whereby the said A. B. holdeth the same so that the said C. D. do upon the Sealing and Delivery of the said Lease seal and deliver the Counter-Party thereof as his act and deed unto the Lessor or Lessors therein named 91. And it is covenanted concluded and agreed How to compose differences by and between the said Parties to these presents for them their Executors and Administrators That if any Variance Strife Difference or Controversâ—e shall at any Time hereafter during the said Copartnership or at the end thereof happen to grow arise or be between the said Parties to these presents their Executors or Administrators or any of them upon touching or concerning their said joynt Trade or any their buyings sellings accompts matters or things relating thereunto or for or touching any Covenant Matter or Thing in these presents conteined That then and so often they the said Parties to these presents their Executors or Administrators shall upon reasonable request made by either or any of them unto the other of them before any Suit shall be commenced for or touching the same elect name and chuse two indifferent Persons to hear and determine the same differences and matters of difference one of which Arbitrators the said A. B. his Executors or Administrators Arbitrators shall chuse and name And the other of the said Arbitrators the said C. D. his Executors or Administrators shall name and chuse And that each of the said Parties his Executors and Administrators shall respectively stand to and abide perform and keep such award order determination and judgment which the said two Arbitrators shall make and give in writing under their hands and seals unto the Parties subject by these presents thereunto upon and touching the said differences and matters in difference so that the said award be made and given as aforesaid in writing within thirty Dayes next after the Choice and Nomination of the said Arbitrators in that behalf And in case the said Arbitrators shall not make and give forth their said award as aforesaid within time before limited for the doing thereof then each of the said Parties Umpire his Executors and Administrators shall and will stand to abide perform and keep such Award Order and Vmperage as such one Person Vmpire to be elected and chosen by the said Arbitrator shall make and give forth in Writing as aforesaid under his hand and seal upon and touching the said differences and matters in difference within twenty dayes next after the end of the said thirty Dayes And in case the said Vmpire shall not make and give forth as aforesaid his said Award and Vmpirage within the time above limited for the doing thereof that then each and every of them the said Parties his Executors and Administrators shall and will for his and their Parts stand to abide perform and keep such Master and Wardens of the company c. Award Order Determination and Iudgment as the Master and Wardens of the Company of Merchant-Taylors in London or the major Part of them shall make and give forth as aforesaid in writing under their hands and seals upon and touching the said differences and matters in difference within
said Goods so to be appraised as the same shall be valued And that he or they of them to whose Lot the said Goods shall happen to fall his or their Executors or Administrators shall accept receive and take the same And also shall within six Months then next following satisfie and pay or cause to be satisfied Lots cast which of them shall have the goods and pay a Moyety to the other Division of debts and payed unto the other of them the said Copartners his Executors or Administrators the Moyety or half Part of all such Money as the said Goods shall be valued and appraised at at or within the Brew-house before mentioned without any fraud or covin And shall also then make equal division between them of the Money then belonging to the said Copartnership and also of the debts then owing to the said Copartners for or in respect of the said partible Stock or Trade and of all and singular other the things now intended or expressed by these presents to be partible and divided between the said Parties to these presents in respect of the said Copartnership or otherwise thereof to deal and dispose as then they shall find to be most behooveful for them 105. And further that within convenient Another way of account and division time after the giving over ending or determination of this Copartnership intended by these presents the said Parties or the Survivor of them his Executors and Administrators shall and will upon reasonable request therefore to be made the one of them to the other of them if they be both living or if either of them shall be deceased then to the Executors and Administrators of the said Party deceased a true plain and perfect Account in writing of the said whole Stock Gains Debts Credits and all other things which shall be then in Copartnership between them or belonging to the said partible Stock and Trade and within six Months after the end determination or expiration of the said Copartnership be it howsoever shall make an equal and indifferent separation and division of all the said partible Stock Gains Debts and other the said premisses intended or exprest to be in Copartnership and assign allot and allow or cause to be assigned allotted and allowed one of them to the other of them the said Parties â—r if either of them be deceased then to the Executorâ—â— Administrators or Assigns of the deceased Copartner the moiety of the aforesaid Messuages or Tenements and so much of the said whole part and portion of the said Stock and Gains and of all and singular other the premisses which are expressed or meant to be in Copartnership as to any of the said Parties shall be due and appertaining or of right belonging for his port property and portion of and in the same according to the true intent and meaning of these presents first deducting and defalking so much as shall and may satisfie all the Debts which they the said Parties or any of them shall owe or be indebted for or in respect of the said partible trade or dealing 106. And that the Survivor of the said Survivor to gather in debts Parties his Executors and Administrators shall do his and their best endeavour to collect and gather in all the Debts which were or shall be owing to the said Copartners or any of them in respect of the said partible Stock or Trade and after defalcation made of so much either in goods stock mony or otherwise as shall suffice to satisfie and pay the Debts which shall be then truly owing by them or either of them in respect of the said partible Stock Trade or Dealing shall as the said Debts or any part thereof shall be had or received make payment of one half part thereof necessary Charges in suing for and getting in of the same being first deducted and allowed to the Executors Administrators or Assigns of such of tâ—e said Parties as shall first happen to decease To assign to Executors of Party dying part of the Debts c. 107. And that the said Survivor his Executors and Administrators if it be requested of him or them for all the residue of Debts and things whatsoever which are or shall be owing or belonging to them or any of them according to the true meaning of these presents in respect of the said intended Copartnership whereof the Executors Administrators or Assigns of the said Copartner first deceased as is aforesaid shall not have had and received his and their part shall and will make and deliver to the Executors Administrators or Assigns of the first deceased Copartner at his and their own proper Cost and charges such assignment conveyance and assurance of such part thereof as to the Executors or Administrators of such Copartner so first deceasing in truth ought to belong as by the Executors Administrators or Assigns of the said first deceased Partner or the learned Counsel in the Law of them or any of them shall be reasonably devised or advised 108. And moreover it is Covenanted All things transacted to be in both their Names granted and agreed by and between the said Parties to these presents That all such Malt Hops Coals Beer and other thing and things whatsoever which at any time or times hereafter shall be bought or sold used or imployed in or about the said joynt trade or occupying shall be had and done by the joynt consent of the said Parties if the same conveniently may be done and not otherwise And that all and every person and persons that shall hereafter become Debtor or Debtors to or for the said principal Stocks or any part thereof or for any Beer or other things that shall arise come grow or increase thereby or be sold out of or for the same or the proceed thereof shall be made debtors to both the said Parties for the same according to the true intent and meaning of these presents And that all Bonds Bills Assurances and Securities that shall be made or taken for any Beer or other Debts or for or concerning the true or good service of any Clerk or Clerks or other Servant or Servants which shall be put in trust to serve in the affairs of the said Brew-house or joynt Trade shall be made and taken to both the said Parties and in both their Names and shall be delivered and safely kept to both their uses And that neither of the said Parties without the consent of the other of Acquittances them his Executors or Administrators shall make seal or deliver any Acquittance or Acquittances Release or Releases Discharge or Discharges whatsoever to any person or persons their Executors or Administrators which is or shall be Debtor or Debtors for the said stock or any part or parcel thereof or for any Mony thereunto to be added or put to the increase thereof or that thereupon or by means thereof shall arise come or grow of for or concerning any Bond or Assurance as
themselves from the said Copartnership and joynt trade and dealing together and he the said A. B. is contented and pleased for the consideration herein after mentioned to assign and set over unto the said C. D. all the Debts which are yet un-answered and un-payed due and owing unto them and likewise the said C. D. hath undertaken to discharge and pay all the Debts sum and sums of Mony which they the said Parties or either of them do owe at this present upon and in respect of their said joynt trade to their said Creditors 3. Now witnesseth these presents That the Assignment by one to the other of Debts said A. B. doth for the consideration hereafter in these presents expressed by these presents as much as in him lieth grant assign and set over unto the said C. D. his Executors Administrators and Assigns all and singular such Debts and sums of Mony as are owing to them joyntly or either of them severally for or concerning their trade or Copartnership aforesaid and also all his right title interest property and benefit of in and to the same Debts and every of them and also all and singular Bills Bonds Specialties Leases and Books for and concerning the said Debts and the late Copartnership between them All which Debts are mentioned and expressed in a certain Schedule interchangably subscribed with the hands of the said A. B. and C. D. as by the said Schedule more at large appeareth To have hold and enjoy all and every the said Debts Books and Specialties unto the said C. D. his Executors Administrators and Assigns to his and their own proper use and benefit without any manner of account or reckoning to be thereof yielded made or given unto the said A. B. his Executors Administrators or Assigns or any of them 4. And the said A. B. doth by these presents Power given to get in the Debts assigned give and grant to the said C. D. his Executors Administrators and Assigns full power and authority in the name of the said A. B. to ask levy recover and receive by all such lawful ways and means as shall be thought requisite by the said C. D. his Executors Administrators or Assigns all and singular the said Debâ—s and sums of Mony expressed in the said Schedule for and to the onely use and behoof of the said C. D. his Executors Administrators and Assigns without any account to be made yielded had or given for the same And that he the said A. B. his Executors Administrators and Assigns shall and will at all times hereafter quietly permit and suffer the said C. D. his Executors Administrators and Assigns in his their or any of their Name of Names to sue for recover take and enjoy to his and their own use without any Account to be rendred all the aforesaid Debts and sums of Mony and every of them and every part thereof in the said Schedule mentioned by all such lawful ways and means as to him or them shall be thought meet without any let trouble interruption acquittance release or discharge of or by the said A. B. his Executors Administrators or Assigns or by his or their means assent default or procurement 5. And further that if the said A. B or his To make satisfaction for Debts discover'd to be released c. Assigns or any person or persons by force or virtue of any power or authority derived from him or them have at any time formerly or since the day of c. received released or discharged any of the said Debts or sums of Mony expressed in the said Schedule or otherwise alienated them other than such Releases and Discharges as have been by the consent of the said C. D. that then upon notice given by the said C. D. his Executors Administrators or Assigns to the said A. B. his Executors or Administrators he the said A. B. his Executors or Administrators shall within thirty days next after such notice and lawful warning given to the said A. B. his Executors or Administrators satisfie and recompence the said C. D. his Executors Administrators or Assigns of and for the same without fraud or covin 6. And that he the said A. B. his Executors Not to hinder recovery of the Debts assigned or Administrators shall not at any time or times hereafter willingly do or suffer any act or thing whereby to let or hinder the said C. D. his Executors Administrators or Assigns of or in the recovery getting in or obtaining the said Debts or any of them without the consent of the said C. D. his Executors Administrators or Assigns first had and obtained in writing 7. And moreover That the said A. B. his To make further Letters of Attorny Executors and Administrators shall and will upon reasonable request to him or them made by the said C. D. his Executors Administrators or Assigns make seal and deliver to him or them such other sufficient Letter and Letters of Attorny for the Recovery and getting in of the said Debt and Debts and sum and sums of Mony as by the said C. D. his Executors Administrators or Assigns or his or their Counsel Learned in the Law shall be reasonably advised devised or required which said Letter and Letters of Attorny and advise touching the same is to be at the proper charges of the said C. D. his Executors Administrators or Assigns 8. In consideration whereof the said C. D. To procure releases from the Creditors for him his Executors and Administrators doth Covenant promise and grant to and with the said A. B. his Executors and Administrators in manner and form following that is to say That he the said C. D. his Executors and Administrators shall and will at or before the day of c. procure and obtain unto and for the said A. B. his Executors and Administrators sufficient general Releases and other discharges in the Law all those their Creditors whose Names are written in the said Schedule here-unto annexed 9. And also that he the said C. D. his Executors To save harmless against Debts c. and Administrators shall and will at all times for ever hereafter save and keep harmless and indempnified the said A. B. his Executors and Administrators against all and every person and persons whatsoever which they the said Parties to these presents or either of them are indebted unto touching or concerning their said Copartnership and of and from all such Actions Suits Costs Dammages Charges Troubles Iudgments Executions and Demands whatsoever as shall from time to time hereafter arise or be had or procured against the said A. B. his Heirs Executors or Administrators or any of his or their Lands Tenements Hereditaments Goods or Chattels or any of them or any part thereof by any manner of person or persons whatsoever touching their said Copartnership for or concerning any Debt or Debts by them or any of them owing or for or upon any Bill Bond Specialty Promise Contract or
costs and dammages which may arise or come for touching or in any wise concerning the said private and single Debt and Debts of the said A. B. unto the said C. D. his Executors or Administrators or with which he shall or may in any wise be chargable with Then this Obligation to be void and of none effect or else c. The like from C. D. to A. B. mutatis mutandis CAP. V. Containing some Presidents relating other matters between Traders Articles of agreement concerning Factorship between a Trader in the Country and his Factor in London 1. ARticles of agreement had and made Recital of the Contract the c. Between A. B. of c. Clotheir of the one part and C. D. of London c. on the other part Whereas the said A. B. hath contracted with the said C. D. to imploy him as a Factor in London for him the said A. B. for the venting selling and uttering of all such Ilmister and Chard Kersies as he the said A. B. shall consign and send unto him the said C. D. to his now dwelling house in Lothbury London for and during the term and space of two years to be reckoned and accounted from the day of the Date hereof 2. Whereupon it is Covenanted granted To utter Wares sent concluded and agreed by and between the said Parties and either of them the said Parties by and for himself his Executors and Administrators doth Covenant and grant to and with the other of them the said Parties his Executors and Administrators in manner and form following Imprimis That he the said C. D. shall and will not onely accept and take into his house charge and custody all such Ilmister and Chard Kerseys as the said A. B. shall upon his account or which shall belong unto him send and consign unto the said C. D. to London to be vented and sold but also shall do his best endeavour in the vending and selling of the same to and for the only use and benefit of the said A. B. in the best manner that he the said C. D. can or may perform and that from time to time for and during the space of two years to be reckoned and accounted as aforesaid 3. Item That he the said C. D. shall not To keep true Accounts and to make true payments only keep or cause to be kept just and true Book and Books of account and reckoning in writing of all such Cloth and Kerseys as the said A. B. shall from time to time during the said space of two years to be reckoned as aforesaid consign unto the said C. D. and shall so come to his charge and also to whom and at what Rates and Prizes and at what time and times the same shall be sold and vented but also make true payment and delivery unto the said A. B. his Executors Administrators or Assigns of all such Moneys Specialties and other things as shall come unto the hands of or shall be received by the said C. D. for the said Kerseys during the term aforesaid together with such Kerseys as before the same account shall appear to be received by the said A. B. and not sold at the end of the said term 4. Item That he the said C. D. shall be To be faithful c. true and faithful unto the said A. B. in all his said sales to be made and not defraud or defeat the said A. B. in any of the Premisses wilfully or to his knowledge but shall endeavour to vent the said Kerseys unto able men for the smallest and shortest time of payment and for the best prizes so far forth as he conveniently can or may perform or procure without fraud or covin And that the said C. D. shall not during the said two Not to be Factor for any other c. years deal or trade as Factor for any other person or persons for the buying or selling of any Ilmister or Chard Kerseys but only for him the said A. B. and as his agent or Factor as before is specified 5. Item In consideration of which Factorship The Recompencâ— for the Factor so to be done and performed as aforesaid by the said C. D. he the said A. B. doth for him his Executors and Administrators Covenant and promise to pay unto the said C. D. his Executors or Administrators the sum of c. per annum and also the sum of c. per annum for Hallage Portorage and other like Charges 6. Item That the said A. B. shall not at Not to consign any other but his own Kerseys any time during the said two years consign or send unto the said C. D. any of the said Kerseys that shall belong tâ— any other person or persons but such that shall properly belong unto him the said A. B. In witness c. The form of Articles of agreement amongst Creditors for levying of Debts Articles Tripartite Indented of agreement made the c. Between the Creditors of M. F. late Citizen and Mercer of London deceased whose Names together with their Debts severally to them owing are specified in a several Schedule to every part of these presents annexed on the first part C. D. of c. a Creditor also of the said M. F. on the second part and E. F. of c. Widow late Wife of the said M. F. on the third part in manner and form following That is to say 7. IMprimis The said Creditors and every Who to take Administration of the Debtors Goods c. of them have agreed and by these presents do agree with the said C. D. and E. F. that the said C. D. shall and may have and take the Administration of all the Goods Chattels and Credits which were of the said M. F. deceased according to the Laws of this Realm thereof to dispose and administer according to the tenor of these present Articles and not otherwise 8. Item That in consideration of such pains as the said C. D. shall take about the said What allowance the Admininistrator is to have Administration the said C. D. upon his true and reasonable account thereof made before such auditors as the said Creditors or the greater part of them shall assign to take the said account shall have allowance of all his reasonable Cost and charges as well by Suits of Law or otherwise by him to be defrayed and expended about the said Administration and moreover six pence for every twenty shillings in value that he shall Administer And also that the said C. D. at every dividend making shall and may retain for his own Debt owing by the said M. F. in equal proportion with what he shall divide and pay to the other Creditors according to the quantity of their several and respective Debts 9. Item That the said C. D. shall before What proportion the Debtors Widow shall have any dividend pay or cause to be paid to the said E. F. for
acris Pasture in M. Et nisi c. which done ingross it fairly in Parchment with the Concord according to the Instructions and Presidents in this Treatise And then go with the Cognizor or Cognizors to the Lord Chief Iustice of the Common Pleas at his Chamber and deliver your Parchment if it requires hast to the Clerk of the Fines who will cause the Caption to be writ underneath the Concord on the left hand if it be not done before you come thither thus Capt. cognit primo die Maii Anno regni domini nosâ—ti Caroli secundi nunc Regis Anglie c. vicesimo coram me and also see that the Cognizors subscribe their names to the Concord on the right hand and inquire of him that comes with the parties to the acknowledgment of the Fine if he knows them and see that he subscribes the Fine accordingly at the bottom thus A B. cogn paries which done he will get the Lord Chief Iustice his hand to the Caption of the Concord ingrossed in Parchment And also to a Coppy thereof fairly written in paper which is to remain with the Cleck of the Fines But the Concord in Parchment you are to carry to the Cursitor of the County where the lands lye and there get your writ of Covenant made which you are to carry before it be Sealed to the Alienation Office in the Temple and there compound it and get it entred and indorsed which done you are to carry it back to the Cursitor who will get it Sealed and that being done you are to make your Warant of Attorney for the Fine in this manner Bed ss R. S. Armiger Po. lo. sâ—o W. B. Attorn suum ad prosequend breve de Con. versus T. S. A. uxorem ejus de Maneriis terris tenementis in M. c. When you have made this Warrant of Attorny you are to file it with the Clerk of the Warrants who will sign the Writ of Covenant with a Stamp for that purpose Then file the writ of Covenant and the Precipe and Concord together and carry them to Mr. Jones his Office in the Middle-Temple who returns the Writ of Covenant and Signs the same with his Stamp After this the Custos Brevium is to have it to make his entry thereof upon the Roll and indorse upon the Writ when the Proclamations are to be made from whom you must carry it to the Clerk of the Kings Silver who will perform what belongs unto it there And being once dispatched that Office it is then a Fine in force of Law Afterwards carry it to the Chirographer whose Office is in the Middle-Temple and there the Clerk that deals for that County where the lands in your Fine do lye will make the Indentures of the Fine and then it is finished A Fine is acknowledged at the Bar after this manner First an Attorney must deliver the Writ of Covenant Sealed with the Precipe and Concord ingrossed in Parchment as above to one of the Serjeants at Bar where the Cognizors are to be presâ—nt Then the Serjeant must desire the Chief Iustice to record the appearance of the Cognizors which being granted by him The Serjeant saith denâ—ers le Roy. Then answereth the second Prothonotary or his Clerk que donera Then the Sergeant shall answer thus Cestuy que avera Then the second Prothonotary or his Clerk shall answer again thus trahes la paix Then the Sergeant must say Ove vostre conge la paix est tiâ—l scilicet c. reciting in French the Concord so delivered unto him as aforesaid by the Attorney with relation to the particulars of the lands contained in the Precipe And that being done the Sergeant must if any one of the Cognizors be a Feme-covert tell her that she must go up to the Puisne Iudge to the Bench to be examined of her consent which Iudge taketh the Concord so written in Parchment as aforesaid and examineth her apart privately and then delivereth it to the Prothonotary to be recorded Then take the Precipe and Concord when the Court hath recorded it and file it to the writ of Covenant and paying the Fees of Court pass it through the several Offices as you are before directed in the acknowledgment before the Lord Chief Iustice The manner of acknowledging and levying a Fine before Commissioners Any Iudge of the Common Pleas Kings Bench or Baron of the Exchequer as is before declared may take the Caption of a Fine before the Dedimus potestatem be sued out which you may sue out afterwards and carry it under Seal to him that took the Cognizance of the Fine and he will return the same A Fine may also be taken by special Commission in the Country to do which you must deliver to the Cursitor the Commissioners names one whereof must be a Knight by which with the Concord the Cursitor will make the Dedimus potestatem and get it sealed for you Then deliver the Dedimus potestatem to the Commissioners with the Precipe and Concord ingrossed in Parchment with wax and seals unto it and when the Cognizance is taken by them they must return the Dedimus potestatem in this manner Executio istius Commissionis patet in quadam Schedula huic Commissioni annex And then file the Concord to the back of the Dedimus potestatem and let the Commissioners set their seals to the Concord and their hands to the return of the Dedimus The Caption of the Concord must be thus Capt. cognit apud Villam B. in Com. B. decimo octavo die Augusti Anno Regni Domini nostri Caroli Secundi nunc Regis Anglie c. vicesimo secundo coram nobis A. B. C. D. E. F. Then when you have returned up your Dedimus potestatem carry it to the Cursitor who will make you the writ of Covenant And then pass the Fine as before is directed onely in this case if one of the Commissioners that takes the Caption be not a Knight you must draw up a Certificate upon the back of the Concord and carry it to a Iudge of the Common Pleas for his Allocatur The form of the Certificate is thus A B. gent. one of the Commissioners in the Writ of Dedimus named maketh Oath that this Fine was duly executed the Cognizees of full Age and the Feme Covert being secretly and apart examined willingly consented A. B. CAP. VIII Of Fines sur Cognizance de droit come ceo que il ad de son done their Forms c. Sect. I. A Fine levyed by One to Two Joynt Purchasors Midd. ss PRecipe A. B. quod juste c. teneant C. D. E. F. Conventionem c. de uno Mesuagio uno Cottagio decem acris Pasture cum pertinentiis in B. Et nisi c. ET est Concordia talis scilicet quod predictus A. recogn predicta tenementa cum pertinentiis esse jus ipsorum C. E. ut illa que iidem C. E. habent de