THE ART OF CONVEYANCING.   

ARS CLERICALIS: THE ART OF Conveyancing EXPLAINED.  
Being a Collection gathered with great Care and Industry, out of the many Books of the Law.  
Wherein the Nature and Effect of such Deeds and Instruments, by which Lands are conveyed from one Man to another, are clearly demonstrated.  
Also the Forms and orderly Parts which ought to be observed in Deeds and Conveyances are laid open and explained.  
By R. G. Gent.  
LONDON, Printed by the Assigns of Richard and Edward Atkins Esquires: For Thomas Basset at the George near St. Dustans' Church in Fleetstreet. 1690.   

TO THE READER.  
THE Law of England consists of several curious Parts or Branches, some whereof have relation to the Theory, others more immediately to the Practice. Of the later, not one hath given greater Reputation, or contributed more to the enriching its Professors than the Art of Conveyancing; which proceeds chief from the Necessity attending it, in regard no Estate or Property can possibly be settled or secured without it. There are several Books (indeed) in all Volumes already extant, of Conveyanceing; but many of them being desicient either in Matter or Form, heaped together without Judgement, and backed with no manner of Authority, do, instead of instructing the Tyroes of the Law, lead them into manifest Errors; neither is any of them express upon this Subject, though most of them treat something thereof. Therefore to demonstrate to the World by a small Essay what may be further performed in this Nature by more time and thought, this little Tract hath ventured abroad; ●eing a brief Collection out ●f those many Books; where ●ou have a Prospect altogether, and in Order, not crowded with Precedents, nor mixed with improper Matter, but full and clear to the understanding of the whole Art, and scarce a Paragraph in the whole but what is warranted by two or three Authorities. It was chief intended for a help to Young Clerks, though perhaps none of the old Ones will have occasion to repent the perusing it. 'Tis true, there is no new Invention in it as to Matter, neither indeed can it be expected in Books of this Nature, which are or aught to be governed by Authorities and Precedents; and as to the Form or Method 'tis wholly new, and perhaps more compact and orderly than any Book of this kind.  
Vale & fruere.   

THE CONTENTS.  
THIS Treatise is divided into six Chapters: 
CHAP. I. 
Shows how Property in Lands is ●en and transferred from one to ●ther.  CHAP. II. 
Shows the Nature and Effect of such ●●eds, by which Lands usually pass, ●nd are conveyed from one to another.  CHAP. III. 
Shows the Forms and orderly Parts ●hich aught to be observed in Deeds ●nd Instruments.  CHAP. IU. 
Shows what Things are required t● the perfecting a good Deed or Instrument.  CHAP. V. 
Shows the Form and Effect o● Livery of Seisin and Attornment, etc. And what is a Reversion, Remainder and particular Estate, etc.  CHAP. VI 
Shows the several Ways whereby Men get Property in Goods and Chattels.     

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CHAP. I. Showing how property in Lands is gotten and transferred from one to another. 
Of Property in Lands.   
THE intent of this Treatise being to lay down and explain the Art of Conveyancing, whereby the property in Lands is transferred from one to another; I shall first show the several ways by which property in Lands is or may be gotten:  
And note; That property in Lands is gotten and transferred from one to another four ways.  
Viz. 

1. Entry.  
2. Descent.  
3. Escheat.  
4. Conveyance.    

I. Property in Lands by Entry, 
Property by Entry.  formally and strictly taken, was, where a Man found a piece of Land that no other possessed, or had Title to, and entered thereon; This Entry gained him the property of it, and this seemeth to be grounded upon the Text: Terram dedit Filiis hominum, etc.  
In the Case of Occupancy 
Occupancy.  (which ariseth by Conveyance) as,  
Where Lands are conveyed to A. for the Life of B. and A. dies without making any Estate or Assignment thereof, here whosoever first entereth after the death of A. getteth property in that Land during the Life of B. for the Land cannot revert to him that leased to A. till B. die; and to the Heir of A. it cannot go, for it is not any Estate of Inheritance, nor descendable to the Heir (without special words) And as for the Executors of A. they cannot have it, for that it is not an Estate Testamentary, to go to them as the Goods and Chattels do, so as in truth no Man can entitle himself to the Land, and therefore the Law preferreth him that first entereth, and he is called Occupans, and shall hold it during the Life of B. but yet such a one must pay the Rent, perform the Conditions, and do no waist or harm, N. B. fol. 83. Co. Lit. 41.  
But this Estate of the Occupant may be prevented at the making of the Grant, 
1. Occupancy how prevented.  by adding these words To have and to hold to A. and his Heirs during the Life of B. for then 'tis descendable to the Heir.  
It may also be prevented after ●he making of the Grant or Lease for Life, (though the word Heirs be ●mitted) by assigning the Estate ●ver to some Friends and their Heirs 〈◊〉 trust during the Life of B. etc. ●o. Lit. fol. 41. Shepherds Touchstone, ●ag. 108.  
And note that the Statute 29 Car. 〈◊〉. 
29 Car. 2.  hath provided, That the Lessee ●r Grantee may devise such Estate or another's Life, by his Will in presence of three or more Witness.  
If he devise it not, 
Ibid.  and his Heir become Occupant, it shall be chargeble in his hands, as Assets by De●ent, as in case of Lands by Fee-●mple. Stat. eod '.  
And in case there be no special Occupant, 
Ibid.  than it shall go to the ●xecutors or Administrators of the party that had the Grant, and shall be Assets, Stat. eod. See the Statute.   

Property by Descent.  

2. Inheritance is Fee-simple to a Man and his Heirs for ever.  Property in Lands gotten by Descent, is where a Man having Lands of Inheritance dieth, not making any disposition thereof, but leaveth it to go as the Law appointeth, and the Law appointeth, that it be cast upon the Heir, that is called a Descent in Law; and upon whom this Descent is to light, is the question.  
Now Descent is either Lineal 
Lineal Descent  or Collateral; Lineal Descent is conveyed downward in a right-line from the Grandfather to the Father, and from the Father to the Son, and from the Son to the Nephew, etc.  
Collateral Descent, 
Collateral Descent.  is springing out of the side of the whole Blood, as Grandfather's Brother, Father's Brother, etc. as you may plainly discern by the Degree of Parentage in the Lord Coke upon Lit. fol. 15.  
Yet it may be here to the purpose in hand, and expected, that something more be said concerning the Descent of Lands; Therefore take these Rules following, borrowed from Mr. Noy, that Learned Expositor of the Law.  
Nota, That Lands, or an Estate of Inheritance (which is to a Man, and his Heirs for ever) doth always descend, for it may not lineally ascend from the Son (which is seized in Fee and dieth) to his Father, but descendeth to his Uncle or Brother, and to his Heirs, which is the next of the whole Blood; for the half Blood shall not Inherit, but the most worthy of Blood; as of the Blood of the Father, before the Mother; and of the elder Brother, before the other, if Born within Espousals, See Noys Max. p. 22.  
But note, That if Lands be once settled, or entailed in the Blood of the Father, the Heir of the Mother shall never have them, because they are not of the Blood of him that was last seized, Idem page 23. For a Descent shall be intended to the Heir of him that was last actually seized, Idem p. 22.  
And if a Man disseiseth another, and dieth seized, and his Heir entereth, or maketh a Feoffment to another in Fee, or in Tail, and he dieth, and his Heir entereth; these Descents put the disseised, etc. from an Entry, Noys Max. p. 34.  
But a dying seized of a Term for Life, or of a Remainder or Reversion, doth not take away an Entry, for he must die seized in Fee, Idem pa. 34, 35.  
The Sister of the whole Blood, (where her elder Brother did enter after the death of his Father) shall inherit, before his Brother of the half Blood, or any other Collateral Cousin, Ibid.  
Yet notwithstanding such a one may be Heir to a Common Ancestor; as if the Land, Rent, Advowson, or such like do descend to the elder Son, and he die before any Entry, or Receipt of the Rent, or Presentment to the Church, (etc.) then the Heir of him that was last actually seized, shall Inherit (as the younger Son, etc.) and the reason is, because that in all Inheritances in Possession, he which claimeth Title thereunto as Heir, aught to make himself Heir to him that was last actually seized, Idem p. 22, 23.  
Note, The Possession of a Lessee for Years, or of a Guardian, shall invest the actual Possession and Franktenement in the elder Brother, Idem p. 23.  
But if he die seized of a Reversion, or Remainder, or an Estate for Life, or in Tail; there he which claimeth the Reversion or Remainder as Heir, aught to make himself Heir to him that had the Gift, Ibid.  
And so in case of a Purchase, it shall descend to the Heir of the Blood of the first Purchasor; As if the Father purchase Land, and it descendeth to his Son, who entereth and dieth without Heirs of the Father's part, than the Land shall descend to the Heirs of the Mother of the Father, or of the Father of the Father, (as the Heirs may be,) and not to the Heirs of the Mother of the Son; although they are more near of Blood to him that was last seized; yet they are not of the Blood of the first Purchasor, Ibid.  
If the Heirs be Females in equal degree; as Daughters, Sisters, Aunts, etc. they shall Inherit together, and are but one Heir, and are called Parceners, Idem p. 24.  
But note, If a Man be seized of Lands or Tenements to hold to him and his Heirs for ever; It is the best Inheritance a Man may have, and he may Sell, or Grant, or make his Will of those Lands; but if otherwise he die, they do descend to his Heir of the whole Blood; ut supra, with respect to the several Cases, etc. See Idem, pa. 20.   

Property by Escheat  
It where the Owner of Land dieth in possession without Child or other Heir, than the Land for lack of Heir, is said to escheat to the Lord of whom 'tis holden.  
And it is to be understood, That all Lands are said to be holden of the Crown either immediately or mediately, and the Escheat pertaineth to the immediate Lord, not to the mediate Lord, See Camb. Brit. pag. 93. cowel's Interp. Tit. eod '.  
The lack of Heir happeneth principally in two Cases, 
Magna Charta. 31. Fitz. N. B. fol, 143. T. etc.  the one where the Owner of the Land is a Bastard, the other where the Owner is attainted of Treason or Felony; for neither can a Bastard have an Heir (unless he be his Child) nor a Man attainted of Treason or Felony, have any Heir though he be his own Child.   

Property by Conveyance  

4. Divers Estates by Conveyance.  Is distributed into divers Estates.  

Viz. for 

1. Years.  
2. Life.    
Viz. in 

3. Tail.  
4. Fee simple.     
And these Estates are created either by Word, Writing or Record.  
1. By Word or Parol, 
By Parol.  as Leases for Years.  
2. By Writing, 
By Writing.  as by Indenture, Grant, etc.  
3. By Record, 
By Record.  as by Fine, Bargain and Sale, etc.  
But note, 
Nota.  That Leases parol are void if they exceed three Years from the making, and if they do not exceed, yet two third parts of the improved value of the thing demised must be reserved to the Landlord, See Stat. 29 Car. 2.  
Leases for Years, 
1. Of Leases for Years.  are mostly made by Indenture, by words of Demise, Grant and to Farm let, with such Conditions and Covenants as the parties agree upon, Co. Lit. fol. 45. Bro. Leases 60. 67. h.  
And such Leases be called Chattels Real, 
They are called Chattels Real, etc.  and are not inheritable by Heirs, but go to the Executors or Administrators; they be saleable for Debt in the Life of the Owner, or in the Executors or Administrators hands by Writ of Execution: They be forfeited to the Crown by Outlary, 
Are saleable, etc.  or by Attainder for Felony, Treason or Praemunire, etc. 
32 L. Ass. pl. 6.  See Wentworths Executor pa. 76.  
If a Lease be for 500 Years it is but a Chattel, 
Extents for Debts are of the same Nature as Leases for Years.  and cannot be entailed, Registr. Practical p. 192.  
Of like nature are, Interests gotten in other men's Lands by Extents for Debt upon Judgement, in- any Court of Record, upon Statute-Merchant, or of the Staple, or Recognizances, and the Tenants thereby are called Tenants by Elegit. All these also be called Chattels Real, and do go to the Executors or Administrators, and not to the Heir, and are saleable and forfeitable as Leases for Years are, Idem pa. ead.  
See more hereafter, Ch. 2.   

Leases for Lives  
Are called Freeholds, 
2. Leases for Lives are Freeholds. Bract. lib. 2. c. 9  which are also made by Writing or Record; And when by Writing, there must be Livery and Seisin given at the making of the Lease, the manner of which Livery and Seisin is set down, Ch. 4.  
This Lease for life is not saleable by the Sheriff for Debt; but the Land is to be extended 
Not saleable but extendable.  at a yearly value, 
Not forfeited except, etc.  to satisfy the Debt, neither is it forfeited by Outlary, (except in Felony) nor by any of those means before mentioned, to which Leases for years are liable and subject (saving only Attainders for Treason, Felony or Praemunire) and then only to the Crown, not to the Lord of the Escheat, Vide 25 Ed. 3. Stat. 5. cap. 2.  
This Estate will go to the Heirs 
Will go to the Heir.  (if the word (Heirs) be contained in the Grant) if not contained, Then to the Executor, 
Or Executor.  in case of no special Occupancy, as before Page 2, 3.  
A Lease for life, or for years, 
How Leases for Life may be made.  may also be made by Fine of Record, Bargain and Sale, or by Covenants to stand seized to uses, upon good consideration of Marriage or of Blood, See Bro. Fines 106.  
Note, If a Man have a Lease for never so many years determinable upon life or lives, (which some Persons call a Lease for lives) it is but a Chattel, Wentworths Executor, page 28.   

Of Entails  
Entail signifies Fee entailed, 
3. Entail defined  That is, Fee scanted or limited and tied to certain Conditions. See cowel's Int. Tit. eod.  
These Entails may be created by a Gift with Livery and Seisin to a Man and the Heirs of his Body; 
How created.  This word (Body) making the Tail, may be restrained to Males or Females, to the Heirs of the Bodies of the Husband and Wife, to the Body of his Father or Grandfather in Tail special or general.  

When they began  Entails began by a Statute in Edward the Firsts time (Westm. ca 2. de Donis Conditionalibus) (for before that Statute Feoffees after they had Issue, had power to alien and disinherit the Issue contrary to the mind of the Donees: 
By Statute West. ca 2. ) And by this Statute they were made so strong, as that the Tenants in Tail could not put away the Land from the Heir by any Act of Conveyance, or Attainder; nor let it, or any way charge or encumber it, longer than for his own life; (see the Statute.)  

The inconveniencies by that Stature.  But the inconveniency thereof was very great; for by this means the Lands were so surely tied upon the Heir, as the Father could not put it from him; It made the Son disobedient, negligent and wasteful, Marrying often without the Father's consent, and to grow insolent in Vice, knowing there could be no check of disinheritance to restrain him: It made also the Owners of entailed Lands less fearful themselves to commit Felonies, Murders, Manslaughters and Treasons, 
Committing Felonies, Murders, Manslaughters and Treasons.  for that they knew that none of their Acts could hurt their Heir in his Inheritance. It hindered Men that had entailed Lands, that they could not make the least Profit of their Lands, by taking Fines or other Improvements: 
Hindered Improvement of Lands.  For that none upon so uncertain an Estate of the Owners life, would give him a Fine of any value, nor lay any great Stock upon the Land that it might yield an improved Rent.  
And lastly, These entailed Lands defrauded the Crown and many Subjects of their Debts, 
Defrauded the Crown and Subjects of their Debts.  for that the Land was not liable thereto longer than for his own life, which made that the King could not safely commit any Office of account to such whose Lands were entailed, 
Hindered the Owners to borrow Mony.  nor other Men to dare to lend them Mony.  
These Inconveniencies were all remedied by later Statutes, 
The Inconveniencies remedied by Fine, etc.  as namely by the Statutes of 4 Hen. 7. and 32 Hen. 8.36. A Tenant in Tail may disinherit his Son by Fine and Proclamations; And by that means also may make it subject to his Debts and Sales; 
Grant by several Statutes  And by a Statute made in 26 Hen. 8. cap. 13. Tenant in Tail doth forfeit hi● Land for Treason; 
Which make Tenants in Tail forfeit for Treason, and they may make Leases.  And by another Statute made in the 32 of H. 8 cap. 28. He may make Leases goo● against his Issue for twenty on● years, or three lives, (so it be no● his chief Lands or Demeans, no● a Lease in Reversion, nor a lesse● Rend reserved, than the Tenants for the most part of twenty years before have paid; And so as such Lease have not any matter of discharge for doing Wastes or Spoils) and by a Statute made the 33 H. 8. Tenants in tailed Lands are liable by Extent for the King's Debt: 
They are liable to the King's Debt, and are saleable, but  And by a Statute 13 Eliz. 4. they are saleable for his Arrearages upon his account for his Office.  

not forfeited for Felony  So that now it resteth that entailed Lands have these two Privileges only, viz. Not to be forfeited for Felonies, nor extended 
Not extended  for Debt after the Parties Death, except the Tail be cut off 
Except the Tail be cut off  by Fine or Recovery.  
Note, These entails are now usually created by settlements upon Marriage for the benefit of the Posterity, and may be cut off as before is shown; And these settlements entailing such Land unto the Issue or Posterity, describes the Uses, Behoofs, Intents, Purposes, Provisos, Conditions, Powers and Limitations of the Parties thereto and thereby meant, and the Lands are usually made over to trusties by Fine and Recovery to stand seized to such Uses, etc.  
The last and greatest Estate of Land is Fee-simple, 
Feesimple what.  which is an Estate absolute to one and his Heirs for ever; 
To one and his Heirs for ever.  Therefore he that maketh a Lease for life to one, or a Gift in Tail, may appoint a Remainder after that Estate to another for life, or in Tail, and a third in Fee-simple; but after a Fee-simple he can limit no further Estate: And if a Man does not dispose of a Fee-simple by way of Remainder when he maketh the Gift in Tail, or for life, or for lives, than the Fee-simple resteth in himself as a Reversion, Co. on Lit. fol. 112, 113. Brook Tit. Don. & Remainder, fol. 245 Glanv. li. 7. cap. 1.  
And the difference between Remainder and Reversion 
Difference between Remainder and Reversion.  is this; The Remainder is always a succeeding Estate at the time when the precedent is appointed; But the Reversion is the Estate left in the Giver after a particular Estate 
Note, A particular Estate is such as is derived from a General Estate  made by him for years, life, or in tail See hereafter Ch. 5. Bract. lib. 2. cap. 25.  
Where the Remainder is made with the particular Estate, than it must be done by Deed in Writing with Livery and Seisin; and if the Giver will after dispose of the Reversion that remaineth in himself, he is also to do it by Writing, and the Tenant is to have notice of it, and to attorn to it, which is to give his assent (as to say) I do agree to the Grant made to you, or I am well contented with it, or I do attorn unto you, or I do become your Tenant, or deliver to the Grantee a penny by way of Seisin of Rent in the name of the whole, 
Note, It must be done in the life-time of the Grantor. See Attornment.  it is good for all, Noy Max. Pa. 63. The manner of Endorsement thereof is hereafter set down Ch. 2.  
And except the Tenant will thus ●ttorn, the party to whom the Reversion is granted cannot have the Reversion, 
Reversion passes not without Attornment  neither can he compel him by any Law to attorn, unless ●he Grant of the Reversion be by Fine, 
Unless the Grant be by Fine  and then he may by Writ (called Quid Juris clamat, directed ●o the Tenant to show his Estate.) This Writ issues out of the Record of the Fine which remaineth with ●he Custos Brevium of the Common Pleas before the Fine be engrossed, 
Then there is a Writ to compel.  
If the Writ be not sued  for afterward it cannot be had, West Symb. Part 2. Tit. Fines §. 159. And if he do not purchase that Writ, yet by the Fine the Reversion shall pass: But the Tenant shall pay no Rent, nor be punished for ●ny Wast in the Houses or Woods before Attornment, or unless the Reversion be granted by Bargain and Sale by Indenture, and that ●nrolled within six Months. 
The Reversion may pass, but Tenant not punishable for Waste, unless granted by Indenture enrolled within six Months, 39 H. 6. 24.  The end of Attornment is to perfect Grants, and therefore may be made upon a Condition, or for a time, neither can the Tenant attorn for part of a thing granted, but it shall ●enure for the whole absolutely, Noy Max. pag. 64. If the Tenant have true notice of all the Grant, than such Attornment is void, 
Avoidance.  Ibid. pa. 65. See Chap. 5.  

What perils Fee-simple Estates are liable to.  These Fee-simple Estates lie open to all perils of Forfeiture, Extents and many the like Inconveniencies.    

CHAP. II. Showing the nature and effect of such Deeds by which Lands usually pass, and are conveyed from one to another.  
Land's are conveyed several ways, and by several Deeds or Instruments.  
Ordinary Deeds by which Lands usually pass, are 

Feoffment  
Fine  
Recovery  
Indentures to lead the uses of Fines and Recoveries  
Bargain and Sale  
Covenants to stand seized to Uses  
Gift or Grant  
Lease  
Lease and Release  
Assignment  
Exchange  
Surrender  
Confirmation  
Revocation and new Declaration  
Wills in Writing.    
Of which in their Order.  

And first of Feoffment.  
A Feoffment 
Feoffment what.  is where by Deed Lands are given, and Livery and Seisin made: It is not called a Feoffment unless the Fee-simple 
It maketh Fee-simple.  be conveyed; but otherwise it is called a Lease for Life or Gift in Tail, as is .  
M. West, part 1. Symb. Lib. 2. § 235. saith, It signifieth in our Common Law any Gift or Grant of any Honours, Castles, Manors, Messages, Lands or other corporal and  Things of like nature, unto another in Fee-simple, that is, to him and his Heirs for ever, by delivery of Seisin and Possession of the thing given, whether the Gift be made 
* Nota, as before, must be in Writing.  by Word or Writing; and when it is in Writing it is called a Deed of Feoffment; and in every Feoffment the Giver is called the Feoffor, and he that receiveth by virtue thereof, the Feoffee. And Lit. Lib. 1. cap. 6. saith, That the proper difference between a Feoffor and a Donor 
Difference betwixt Feoffor and Donor.  is, That the Feoffor giveth in Fee-simple, the Donor in Fee-tail.  
And note, That a joint-tenant cannot enfeoff his Companion, Noy Max. p. 57  
A Man cannot enfeoff his Wife, Ibid.  
A Disseisor cannot enfeoff the Disseisee, for his Entry is lawful upon the Disseisor, Ibid. 56.  
But note, That a Copartner may make a Feoffment of his part, or ●e may Release, Ibid. 57  
A Fine 
Fine what.  is a Ceremonious Conveyance of Lands or Tenements, ●r of any thing inheritable, having 〈◊〉 Being at the time of such Fine, ●o the end to cut off all Controver●es, West part 2. Symb. §. 1. saith, They are Covenants made before ●ustices and entered of Record, it begins thus: Haec est Finalis Concor●ia, etc. (This is the Final Agreement, etc.) And this must be done ●efore the King's Judges in the Court of Common Pleas concerning Land, 
Where to be made.  that one Man shall have ●om another to him and his Heirs, ●r to him and to the Heirs of his ●ody, or to him for life, or for ●ears; whereupon also a Rent 
Rend may be reserved.  may ●e reserved, but no Conditions or Covenants. This Fine is a Record ●f great Credit, and upon this ●ine four Proclamations 
Four Proclamations.  are made ●n the Common Pleas every Term ●or the four next Terms together. 
3 El. 2.  And if any Man having right to ●hose Lands make not his claim within five years' 
If the Heir claim not within five years.  next after these Proclamations are ended, he loseth his Right for ever, unless he be an Infant, a Woman Covert, one beyond the Seas, or one Mad, 
He loseth his his Right unless it be an Infant, Woman Convert, beyond Seas, or Mad.  and then his Right is saved, so that he claim within five Years after hi● first coming to full Age, after th● death of her Husband, after thei● return from beyond the Seas, an● after the Recovery of his Wits; a● the Case falleth out, Example● follow.  
This Fine is called a Feoffment of Record, 
Fine is called Feoffment on Record.  because it includeth al● that a Feoffment doth, and worketh farther of his own nature, an● barreth Entails peremptorily whether the Heir claim within fiv● years or not, 
Barreth Entails claim or not claim.  if he claim by him that levied the Fine.  
A Fine gins 
Fine how gins.  by Praecipe and Concord  
The Praecipe 
Praecipe what.  is a Commandment or Charge supposed to be given to the Cognizees to hold Covenant with the Cognizors of such an● such Lands, etc.  
The Concord 
Concord what  is the very Covenant or Agreement betwixt th● Parties Cognizors and Cognizees.  
In the form whereof many ●hings are to be regarded, 
Things to be observed in the form thereof.  as if it be single, whether it be sur Cogni●ance de Droit come ceo que il ad de ●on Done, or sur Grant, Done, Release ●r Confirmation, such and the like be ●alled single Fines, 
Single Fine.  nothing being ●endred back by any of the Cog●izees to any of the Cognizors, ●ee West, Tit. Fines.  
A double Fine 
Double Fine what.  is with a Render, what Estates are to be created thereby, and of the Reservation of Rents, ●omine poenae, and Clause of Distress ●nd Services, with the Clause of Warranty: For which it is to be ●oted, That when a Fine is levied to ●ivers Cognizees the Right shall be ●●mited 
How the Right shall be limited. 3 H. 6. 42. 24 E. 3. 64.  to one of them only, and ●he Estate limited to his Heirs on●y, whose Right it is knowledged to ●e, Ibid.  
(As this.)  
Et est Concordia talis, 
Example.  scilicet quod ●red ' A. Cogn' Tenementa pred' cum per●in' esse jus ipsius B. ut illa quae iidem B. & C. habent de dono pred' A. Et ●ll ' remisit & quiet ' claim ' de se & Haeredibus suis prefat ' B. & C. & Haeredibus ipsius B. etc.  
And likewise the Release 
Release how to be. 21 Ed. 3. 33.  and Warranty must be from the Heirs of one of the Cognizors; for in a Fine from divers the Fee must be supposed to be in one of them only, West, Pres. Tit. Fines §. 30.  

Of what things it may be.  And a Concord cannot be of any other thing than is contained in the Writ of Covenant, and not of a Foreign thing if it be not consequent, Ibid.  
And if divers join in a Fine the Warranty 
The Warranty how to be made.  must be by them and the Heirs of one of them which is the Owner of the Land, 44 E. 3. 1.  
And note, That Warranties 
Divers sorts of Warranties.  be sometimes General, That is, against all Men; some against all, except certain Persons; some against certain Persons only; some against every Cognizor and his Heirs severally; some against one of the Cognizors and his Heirs only; some of all the Lands in the Fine; some of all except part, and some of part only certainly expressed, West, Tit. Fines, §. 147.  
He who acknowledgeth the Fine is called Cognizor, and he to whom the Fine is levied is called the Cognizee; and it is requisite that either the Cognizor or Cognizee be seized of the Lands in the Suit at the time of the levying 
The Partles must be seized at the time of levying.  thereof, otherwise the Fine is void, 41 Ed. 3. 14. 22 H. 6. 13. 3 H. 6. 27 H. 8. 4. & 20. 37 H. 6. 34. 22 H. 6. 57 See West, 
Exception.  Tit. eod. unless it be by a Vouchee after he hath entered into the Warranty to the Demandant, for he being Tenant in Law may confess the Action; but a Fine by Vouchee levied to a Stranger is void, 8 H. 4. 5 H. 7. 40. See West; Ibid.  
All Persons Male and Female may be Cognizors, 
Who may be Cognizors.  except Idiots, Madmen, Lunatics, Men having the Lethargy, Blind, Deaf or Dumb, and these be hindered by nature; Friars, Nuns, Monks, (who are dead in Law 
Exceptions of Persons dead in Law, etc. ) and Persons having Joynt-power, as a Bishop without the Dean and Chapter, a Dean without his Chapter; a Parson, Vicar, Prebendary without their Ordinary; a Mayor without his Commonalty, Masters of Colleges without their Fellows, and the single Members of every Corporation or Society, and these be hindered by the Law, West, ibid.   

Cautions.  

Of Husband without his Wife.  A Husband without his Wife ought not levy a Fine of her Lands, for she and her Heirs may avoid it after his death, 32 H. 8. cap. 28 12 E. 4. 12. 42 E. 3. 20.  

Care to be taken by Infants  Infants, i. e. all Persons under one and twenty Years ought to have a special care how they levy Fines, for they must be reversed again during their Infancy, otherwise they are good, and the Court must see them at such reversal thereby to judge of their Age, 50 E. 3. 5. 17 E. 3. 52. 78.  

Drunken and old Doters not capable.  It ought to be regarded, that Drunken-men and old doting Persons be not Cognizors, for their Fines are not reversable, 17 E. 3. 5. & 8. 17 Ass. 17.  

Care to be taken by a Married Woman under Age.  A Married Woman under Age ought to take heed that she levy not a Fine of her own Lands, for she cannot reverse it during her Husband's Life, neither after his Death if she be then at full Age, 50 E. 3. 5. Ass. pla. 53.  
A married Woman of age 
Of Age.  ought not to levy a Fine but with her right Husband, 7 H. 4. 23. 42 E. 3. 20.  
And she must beware how she with her Husband 
With her Husband.  levy a Fine of her Jointure, lest she thereby lose her Thirds if the Jointure were well settled before Marriage, Dyer fol. 359. pla. 49.  
If she without her Husband 
Without her Husband.  levy a Fine of her own Lands wherein she hath Fee-simple, it will be a Bar against her and her Heirs, unless her Husband avoid it by Entry, or otherwise during her Life.  
If he be Tenant by Courtesy, 
Tenant by Courtesy.  he may reverse it after her Death, 17 E. 3. 52. & 78. 17 Ass. 17. 7 H. 4. 23.  
If a Woman during her first Husband's Life marry a second, 
Fine by Woman having two Husbands.  and with him, and by his Name knowledge a Fine, it shall not bind her, 7 H. 4. 22, 23. because she is misnamed.  

With her right Husband.  And if she levy a Fine with her right Husband by a wrong Christian Name, she is bound by Estoppel during her Life; and the Tenant may plead that she (by such a Name) levied the Fine, 1 Ass. pla. 11. Brook Fines 117.   

(Of Cognizors.)  

Of the Estates of Cognizors who may levy.  Persons outlawed or waved in personal Actions may alien by Fine, 9 H. 6. 20. 21 H. 7. 7.  
Persons attainted of Felony or Treason may levy by Fine; but their Fines are void against the King, and the Lord of whom the Lands be holden, 9 H. 6. 20. 21 H. 7. 7.  

Tenants for Life may.  Tenant for Life may levy a Fine, sur Grant and Release of the Lands which he holdeth for Life, to hold to the Cognizee for Life, of the Tenant for Life, 44 E. 3. 36. But if the Estate be larger, it is a forfeiture of his Estate, 4 H. 7. Noy 30.  

Forfeiture of Estates.  And so the Law is the same of such Fines by Tenant in Tail, after possibility, Tenant in Dower, or by the Courtesy, 39 E. 3. 16.  
But it seemeth to be no forfeiture of a Rent, 
Rend no Forfeiture.  2 H. 5. 7.  
Yet a particular Tenant, 
Particular Tenant.  as in Dower, by Courtesy, or for Life, cannot grant and surrender their Estate to the Owner of the Reversion or Remainder, 17 E. 3. 62.  
Tenant in Common, 
Tenant in Common.  or joint-tenant may levy a Fine of his part, 26 H. 8. 9 so a Copartner of his part, Dyer 334.  
So may Tenant in Tail, 
Tenant in Tail  General or Special.  
Also Tenant in Fee-simple, 
Tenant in Fee-simple.  in Remainder or Reversion.  
Cognizors must be certainly named by their right Names of Baptism and Surnames, 
Cognizors how must be named.  and their Additions, as Knight, Esquire, Gent. etc. are commonly used in Fines, West, Tit. Fines, §. 14.   

(Of Cognizees.)  
All such Persons as may be Grantees, or take Contracts may be Cognizees; 
Who may be Cognizees.  as Persons of full Age, Infants, Femes-Covert, Madmen, Lunatics, Idiots, Men imprisoned, Men without the Realm, and all Corporations and Civil Bodies, Men attainted of Felony or Treason, Men outlawed in personal Actions, Bastards, Clerks convict, etc.  

Exceptions of Persons dead in Law.  But Persons civilly dead, as Monks, Friars, &c. cannot be Cognizees, because they want Civil Capacity, West, Pres. Tit. Fines, §. 15.  

Cognizees how to be named.  Cognizees in Fines must be named by their proper Names and Surnames; For a Fine levied to A. and Sibyl his Wife (where her Christian Name was Isabel) was holden void, 
West Tit. Fines Sect. 15.  1 Ass. pla. 11. the rest in order; as for the Cognizors, mutat' mutand '.  
All, or two of the Justices of the Common Place may in open Court take knowledge of Fines, 
Who may take knowledge of Fines in Court  and Record them by virtue of their Offices; And the Justices of the Common Place be the only Judges for the recording of Fines; and all Cognisances thereof must be certified thither, 15 E. 2. 36 H. 6. 34. 44 Ed. 3. 38.  
The Chief Justice of the Common Place by his Prerogative of his Office, may take Cognizance of Fines in any place out of the Court, 
Fines taken out of Court.  and certify the same without a Dedimus Potestatem, Dyer 224. pla. 31.  
By the Statute 2 E. 6. cap. 28. Fines may be levied 
Where Fines may be levied  in the County Palatine of Chester; and by 37 H. 8. cap. 19 of Lands in the County Palatine of Lancaster.  
And by 5 El. cap. 27. within the County Palatine of Duresme alias Durham.  
Fines may be levied of all things being in esse tempore Finis, 
Of what things a Fine may be levied.  and certainly expressed in the Writs, 18 E. 4. 22.  
Fines may be levied of all things, whereof a Praecipe quod reddat lieth, West, Tit. Fines, §. 25.  
Lands bought of divers Persons by several Purchasers may pass in one Fine, 
Several Lands pass in one Fine.  and then the Writ of Covenant must be brought by all the Vendees against all the Vendors; and every Vendor must Warrant against him and his Heirs only. And these Joint Fines are seasonable when the Purchases are of small Value, 
The Conveniency.  and the Charges would exceed the Value.  
Fines may not be levied of things incertain, as the Tenemento, 3 Ed. 4. 19 
Of what things Fines may not be levied.   

Lands restrained.  Nor of Lands restrained from sale by Act of Parliament, 32 H. 8. cap. 36.  

Lands assured for Jointure.  Nor of Lands of the Husband or his Ancestors assured for Jointure, Dower, or in Tail to any Woman by means of her Husband, or his Ancestors: For if she grant a greater Estate than for her Life; her Estate is presently forfeited, Blow. fol. 459.  

Lands in ancient Demesn.  Nor of Lands in ancient Demesn, for it may be reversed by a Writ of Deceit brought by the Lord of Ancient Demesn, 7 H. 4. 44. 8 H. 4. 23. Reg. fol. 13. b.  

Mixed Lands.  But if it be both of Ancient Demesn, and of Lands at the Common Law, it shall be good for the Lands at the Common Law, 7 H 4. 44.  

What Persons be barred by Fines.  Privies in Blood; as Heirs of the Cognizors claiming by the same Title that their Ancestors had that levied the Fine, be barred presently thereby, whether they be void of Impediments or no, 1 R. 3. c. 7. 4 H. 7. c. 24. Br. Fines 109.  

Strangers excepted.  But Strangers to Fines, (that is, such as be not Parties or Privies) have years after Proclamation to enter and claim their Right, Ibid.  
The like time have Infants, 
Infants.  after they accomplish their full Age, Plow. 367. a. 359. b. 4 H. 7. cap. 24.  
The like liberty have Madmen 
Madmen, etc.  and Lunatics after they be cured of their Maladies, Blow. fol. 375. & 366.  
Also Feme-Coverts, 
Feme-Coverts.  or married Women being Strangers to the Fine, after the Death of her Husband.  
Nota, If a single Woman having present Right, take a Husband who suffereth the five years to incur, 
Five years suffered to incur.  she is for ever barred.  
Prisoner's 
Prisoners.  Strangers to the Fine shall have five years after their enlargement, Plow. 360. a. 375. 366. a.  
But Civil Bodies 
Civil Bodies.  and Corporations, having an absolute Estate, so as to maintain a Writ of Right; as Mayor and Commonalty, Dean and Chapter, etc. are barred by five years, Blow. fol. 538. T. 20 Eliz.  
But Deans, Bishops, 
Exception.  Masters of Hospitals, Parsons, Vicars, Prebendaries, etc. Which may not have a Writ of Right, are not barred by five years, Plow. 538. a.  
But note also, That such Persons who have such Impediments, as aforesaid; if after Proclamation the said Impediments be wholly removed, 
Impediments removed after Proclamation.  and afterwads they fall into the like again, and die, their Heirs shall not have five years claim anew; but the first years begun immediately after the first removal of the said Impediments shall run on to five years, and shall bind the Heirs, Blow. fol. 375. a.  
Note, There must be four Proclamations 
Four Proclamations.  in four Terms, one in each Term.  
Thus much of Strangers to Fines, having present Right at the Proclamation.  
Yet such Strangers to Fines, and void of such Impediments, whose Right or Title cometh or descendeth to them after the Proclamation, 
Title descending after Proclamation.  have five years after the coming of such Right, 1 R. 3. cap. 7. 4 H. 7. cap. 24. Blow. fol. 378. a. b.  
So he in Remainder or Reversion, 
Limitation after a Reversion accrueth.  depending upon an Estate of , after the Remainder or Reversion accrueth, hath five years to enter, and if he die before Entry, his Heir hath only five years to enter after the Death of the particular Tenant, Blow. fol. 374. a. b.  
And also such Strangers to Fines as are not void of such Impediments, having future Right, 
Fines after Impediments removed where there is future Right.  have five years after such Impediments removed, 1 R. 3. c. 7. 4 H. 7. c. 24. Blow. fol. 364. a.  
Such Strangers to Fines, as have neither present nor future Right 
Neither present nor future Right.  at the levying thereof, by reason of any matter had afore the Fine, whose Right groweth either entirely after the Proclamation, or partly before, and partly after, may enter or claim when they please, within the time of the prescription; As if the Father die seized, 
Example.  his eldest Son being possessed, and the youngest Son entereth, and is disseized, and a Fine with Proclamation levied; and after the eldest Son is deraigned, i. e. discharged of his Profession or Religion: It seemeth he is bound to no time.  
So if the Husband levy a Fine of his own Lands, 
Dower.  whereof his Wife is Dowable, and die, and five years pass, she is not barred of her Dower; for before his Death she had only a Possibility, and not any Title to Dower, Blow. fol. 373. a.  
And if Strangers have several future Rights, by divers Titles growing at several times, 
Several future Rights growing at several times.  they shall have several five years from the time that their several Titles first accrued unto them, Ibid.  

Strangers having neither present nor future Right.  And Strangers to Fines having neither present nor future Right to the Tenements in the Fine, but unto some thing in, or issuing out of the same; as Rent, Common, Way, Estovers, or any such charge out of the Land, seem not barrable at all: For it seemeth that these Fines extend only to bind the Estate, Title, Right, Claim, Entry and Interest, in and to the Land, and no Profits to be taken out of the Lands, nor to take power given to Executors, or others to sell the Land, Brook Tit. Fines 123.  
It is a good plea to a Fine, 
Plea to a Fine that a Stranger was seized.  to say, That J. S. was seized at the time of levying it, and before, without that, That the Parties to the Fine had any thing therein at the time of the Fine levied, 9 H. 4. 27. 3 H. 6.27.  
Or that the Parties to the Fine had nothing, 
Plea that the Parties had nothing.  etc. But that A. B. had, whose Estate he hath, 33 H. 6. 18. 26 H. 6. 9 42 E. 3.20. 4. H. 4.8. 4 H. 7. cap. 24.  
If there be two of one name, 
Two of one Name.  and the one levy a Fine of the Lands of the other, the other may avoid it by pleading; likewise the Owner of the Land may aviod the Fine levied (by a Stranger) in his name, 
Fine how to be avoided.  because it is a matter of Record, and there is no other remedy, except an Action of Deceit, 34 H. 6. 19  
But neither Parties to Fines, 
Pleas not allowable.  nor their Heirs may plead, that before, at, and since the levying the Fine, the Plaintiff or their Heirs were always seized of the Lands in the Fine, or of parcel thereof, 27 E. 1. cap. 1.  
Tenant in Remainder in Fee, 
Averment of him Remainder in Fee.  may aver the continuance of Possession against a Fine, sur Cognizance de Droit come ceo, etc. levied by Tenant in Tail, 12 E. 4. 12. because he is neither the Party nor his Heir; 
The Reason.  and so may a Feme-Covert where her Husband sole levyeth the Fine, Ibid.  
Issue in Tail may aver continuance of Possession 
Continuance of Possession.  against a Fine, sur Cognizance de Droit tantum, but not against a Fine sur Cognizance de Droit come ceo, que il ad de son done, because that Fine is executed, and the other only Executory, 12 E. 4. 15. & 19 11 H. 4. 85.  
And lastly, Note that if the use of a Fine be not declared before, nor after the Fine levied, it shall be intended to the use of the Cognizor 
Use of a Fine not declared, remains to the Cognizor.  and his Heirs, See West, Symb. Tit. Fines.   

Of Recoveries.  
Recoveries are either feigned, That is, Common or True, that is, actual by Judgement.  
The end and effect of a Common Recovery, is to discontinue and destroy Estates, Remainders and Reversions, and to bar the former Owners thereof, West, part 2. Symb. §. 1.  
And it is used for assurances of Land where the Parties do agree, that one shall bring an Action Real against the other that hath the  of those Lands, as though he had good Right to the Lands, and the other shall not make defence against it, 
The form of it.  but shall allege that he bought these Lands of A. B. who hath warranted them to him, and prays that A. B. may be called to defend the Title, and A. B. shall vouch to warranty H. H. who is called the common Vouchee, 
Common Vourcher.  (unless it be in special Cases where some others are to be, and must be vouched thereby to cut off Remainders) which Vouchee shall appear as though he defended, and pray that day for defence; and after a day being given him by the Court, maketh default, and thereupon the Court is to give Judgement 
Judgement.  against him; which Judgement cannot be for him to lose the Land, because he hath it not, but the Party to whom he sold it, who called him to warrant it.  
Therefore first the Demandant against whom there is no defence, must have Judgement to have the Land against him that he sued, who is called the Tenant; and the Tenant is to have Judgement against the first Vouchee, etc. And by this Devise grounded upon the strict Principles of Law, the first Tenant loseth the Land, 
Tenant loseth his Land by Agreement.  and hath nothing for it, but it is by his own Agreement, and for the Assurance of him that buys the Land.  

The Effects of Recovery.  The Recovery bars Intails, and all Remainders and Reversions that should take place after Intails, saving where the King is the Giver of the Estate Tail, and keepeth the Reversion in himself; 
It prevaileth not where the King has the Reversion.  and then the Heir in Tail, nor the Remainder, or Reversion is barred by such Recovery, 23 H. 8. b.  

The Reason why the Heir, etc. is barred by such Recoveries.  The Reason why the Heirs of the Remainders and Reversions be thus barred, is, because in strict Law the Recompense adjudged against the Vouchee, is to go in succession of Estate, as the Land lost should have done; and than it were not reason to allow the Heir liberty to keep the Land, and also to have a Recompense in value, therefore he loseth the Land, 
23 H. 8.  and is to trust to the Recompense.  
This sleight was first invented 
Recoveries when first invented.  when Intails fell out to be inconvenient, as is before declared, so that Men made no Conscience to cut them off if they could find Law for it; and now by use these Recoveries are become common Assurances against Intails, and against Remainders, and Reversions, and are the greatest Assurances that the Purchasers have for their Money; 
Are the greatest Assurances for Purchasers  for a Fine will bar the Heirs in Tail, but not the Remainders, or Reversions; but a common Recovery bars them all.  
And this common Recovery is used 
The use.  when a Man is desirous to cut off an Estate Tail in Lands or Tenements; to the end, to sell, give or bequeath it, as himself seethe good.  
There is also a true Recovery 
True Recovery what.  which is an actual or real Recovery of any Thing, or the value thereof by Judgement; for example, If a Man buy Land of another with a Warranty, which Land a third Person afterward recovereth against him; the Buyer hath remedy against the Seller to recover it in value, That is, to recover so much in Money as the Land is worth, Fitz. N. B. fol. 134.  
Note, That these common Recoveries are sued out with single, double and triple Vouchers. 
Vouchers.   

What a Recovery with single Voucher is.  And yet in that called a single Recovery, you will find two Recoveries included; the first by the Demandant against the Tenant, and the second by the Tenant against the common Vouchee.  
The intent of a common Recovery, with single Vourcher, 
What is intended by a Recovery with single Voucher.  is to bar the Tenant and his Heirs of such only Estate Tail which then is in him, to destroy the Estates which others have of any Reversion Expectant, or Remainder Dependant upon the same; and of all Leases and Encumbrances derived out of such Reversions or Remainders.  
In a double Vourcher there are also three Recoveries mentioned; 
What a Recovery with double Vourcher is.  ●ne for the Demandant against ●he Tenant, another for the Tenant against the Voucher, the last ●or the first Voucher against the ●ommon Vouchee  
And by this Recovery with ●ouble Voucher, 
What is intended by double Vourcher.  it is intended to ●ar the first Voucher and his Heirs ●f every such Estate, as at any ●ime was in the same Voucher, or ●ny of his Ancestor whose Heir he ●s of such Estate, and all other Persons of such Right to a Rever●on or Remainder; 
And of all Leases, Charges and Encumbrances derived out of any such Reversion or Remainder.  and will be al●o a perpetual Bar of such Estate, whereof the Tenant was then seized in Reversion, or Remainder Expectant or Dependant upon the ●ame.  
In a Recovery with triple Voucher, 
What a Recovery with triple Vourcher is.  are included four Reco●eries; the first by the Demandant ●gainst the Tenant; the second ●y the Tenant against the first Vouchee; the third by the first ●gainst the second; and the fourth ●y the second against the common Vouchee.  

The intent thereof.  The scope and intent of this triple Voucher, is to make a perpetual Bar of the Estates of the Tenant, and of every such Estate of Inheritance, as at any time had been in the first or second Vouchee, or any of them, or either of their Ancestors, whose Heirs he or they are of such Estate, and as well of every Reversion thereupon dependant; as also of all Leases, Estates Charges and Encumbrances derived out of any such Reversion o● Remainder.  
And the uses both of Fines and Recoveries are mostly expressed and led by Indentures between the Parties designed, before or after for that purpose, which be called Indentures, to lead the uses of Fine● and Recoveries. 
Indentures to lead the uses of Fines and Recoveries.   
And as these Fines and Recoveries are a Bar, and dock th● Estates , so by these Indentures to lead the uses thereof new Estates and Intails are limited and created, subject to further Fines and Recoveries, Et sic ad infinitum.  
Upon Feoffment, Fines and Recoveries, the Estate of the Lands doth settle, as the use and intents of the Parties is declared by Writing before or after the Act was done; (as for example,) If they make Writing that one of them shall levy a Fine, or make a Feoffment, or suffer a Recovery to the other; yet the use and intent may be, is that one shall hold it for his Life, and after his death a Stranger to have it in Tail, and then a third in Fee-simple: 
The Use guides the Estate.  In this case the Land settleth in Estate according to the use and intent declared; and that by reason of the Statute of 27 H. 8. cap. 10. 
27 H. 8. cap. 10.  Which conveyeth the Land ●n possession to every one that hath interest in Use, or the intent of the Fine, Feoffment or Recovery, according to the use or intent of the Parties; But before that Statute the Feoffees were Owners of the Land, 
The conveniency and force of that Statute  but now the Cestuy que Use (he to whose use they were enfeoffed) is the Owner of the same; before the Possession ruled the Use, but since the Use governeth the Possession, Noy Max. 60.  
Upon this Statute of 27 H. 8. is also grounded the fourth and fifth of these Conveyances, (viz.) Bargains and Sales, and Covenants to stand seized to Uses.  
For this Statute wheresoever it findeth, conveyeth the Possession to the Use.  

Use what.  The Use is but the Equity and Honesty to hold the Land (in Conscience of a good Man,) as for example, If I and You by Deed agree, and Covenant that I shall give you Money for your Land, and that you shall make me Assurance of it: I pay you your Money, and you have made me no Assurance of the Land. Here although the Estate of the Land be still in you, yet the Equity and Honesty to have the Land is still with me; 
Use quid.  and this Equity is called the Use, upon which I had no remedy but in Chancery, until the Statute of 27 H. 8. 
Advantage by the Statute 27 H. 8.  And now this Statute conjoining and conveying the Land to him that hath the Use, I for my Money paid, have the Land itself, without any other Conveyances from you; and this is called a Bargain and Sale.  
'Tis true, Uses first began, 
When Uses first began.  and were invented upon the Statute called West. 3. or Quia emptores terrarum, before the which Statute no Uses were known, Perkins Devices 528. And because men's Wills had in time devised many Deceits, by the settling of the Possession in one Man, and the Use in another, the  Statute of H. 8. was made, whereby it was enacted, That the Use and Possession, 
Uses and Possessions united  of Lands and Possessions should always stand united.  
But the same Parliament that made that Statute, did foresee, 
Bargains and Sales.  that it would be mischievous, that men's Lands should be so suddenly conveyed (upon the payment of some ●ittle Sum of Money) from them; and that peradventure in an Alehouse or Tavern upon strained Advantages, and so gravely provided another Act, 
27 H. 8. 16.  at the same Parliament, That the Land upon this Payment of Money should not pass away, 
Bargain and Sale must be in Writing, indented, sealed and enrolled within six Months.  except there were a Writing indented made between the Parties, and the same Writing also within six Months after to be enrolled in some of the Courts at Westminster, or in the Session's Rolls of the Shire where the Land lieth, unless it be within Cities, and Towns Coporate where they did use to inrol Deeds, and there the Statute extendeth not; by Bargain and Sale Feesimple passeth, tho' Heirs be omitted in the Deed; 
The effect thereof.  and tho' there be no Livery and Seisin made by the Seller.  

Note.  No Manor, Lands, Tenements or other Hereditaments can pass, alter, or change from one Man to another, whereby an Estate of Inheritance or  is made, or taketh effect in any Person or Persons, or any use thereof is made, by reason only of any Bargain and Sale 
How Estates pass by Bargain and Sale.  therefore; except the same be made by Writing indented, sealed and enrolled in one of the Courts of Record at Westminster, or within the same Court or County where the Tenements so bargained do lie, 
Inrolment to be made, how and when.  before the Custos Rotulorum, and two Justices of Peace, and the Clerk of the Peace, or two of them, whereof the Clerk of the Peace to be one, and that within six Months after the date of such Writing indented, See Stat. 27 H. 8. Noys Max. page 56, 57  
The Inrolment shall be intended the first day of the Term. 
When it shall be intended.   
And shall have relation to the delivery of the Deed against all Strangers, Noys Max. page 57 
Hath relation to the delivery.   
A Man by Deed Bargains and Sells his Land to one, 
Two Bargains and Sales made of the same Lands to two several Persons, who shall have it.  and before the Inrolment of the Deed, sells it another, and the last Deed is the first enrolled; and afterwards the first Deed is also enrolled within the six Months, the first Buyer shall have the Land, 2 And. 161. Moor 40, 41. 2 Inst. 675. Hob. 165. Dy. 218. 4. Co. 71.  
If the Bargainee after the Bargain, and before the Inrolment sell the Land to another, and afterwards the Deed is duly enrolled; the Sale by the Bargainee is good, 2 Inst. 675. 2 Cr. 52. 1 Cro. 218.110. Rol. 424. 1 Inst. 186.  
Nota, The Buyer of a Reversion on Life, or Lease for Years, shall have the Rent upon the first Lease without Attornment or Inrolment, 8 Co. 93. V Blow 421. Jon. 206. 2 Inst. 672. 6 Co. 68 3 Cro. 166.   

Covenants to stand seized to Uses.  
A Covenant to stand seized to uses, 
Covenants to stand seized to uses how.  is in this sort. A Man that hath a Wife and Children, Brothers and Kinsfolks, may by Writing under his Hand and Seal agree, That for their, or any of their Preferment, he will stand seized of Land to their use, either for Life, in Tail or Fee-simple, as he shall think fit or see cause.  
Upon which Agreement in Writing there ariseth an Equity or Honesty, that the Land shall go according to his Agreement. Nature and Reason requiring and allowing these Provisions, of which Equity and Honesty is the Use. 
The Use how ariseth.   
And the Use being created in this sort, the Statute of 27 Hon. 8. , conveyeth the Estate 
How the Estate settleth.  of the Land as the Use is appointed; and so this Covenant to stand seized, since the said Statute is a Conveyance of the Land.  
But this differeth from a Bargain and Sale, 
How Covenants to stand seized, differ from Bargains and Sales.  in that this needeth no Inrolment, as that doth, neither is tied to be in Writing, indented as the Bargain and Sale must.  
And if the Party to whose use he agreeth to stand seized of the Land, be not Wife, Child, Uncle or Cousin, or one that he intendeth to marry, then will no Use arise, and so no Conveyance; for although the Law allow these weighty Considerations of Marriage and Blood to raise Uses, 
Considerations to raise Uses.  yet doth it not so of trifling 
Must not be trifling.  Considerations; as of Old Acquaintance, Schooling, Service and the like, 1 Co. 176. 2 Co. 15, 76. Moor 504. con. 3 Cro. 394. Moor 102.  
But where a Man maketh an Estate of his Land to others, by Fine, Feoffment or Recovery, 
Upon a Fine, Feoffment or Recovery, a Man may limit the Use.  he may then appoint the Use to whom he listeth, without respect of Kindred, Marriage, Money or other Thing; for in that case his own Will and Declaration guideth the Equity of the Estate, Ibid.  
It is not so when he maketh no Estate, but agreeth to stand seized; nor in Bargain and Sale when he hath taken any thing.  
Note, The Statute 29 Car. 2. to prevent Frauds, etc. Enacts, That all Declarations, or Creations of Trusts of Lands or Hereditaments, must be declared in Writing, or by Will in Writing, or else void; except Trusts arising by Implication of Law, which shall be of the same effect, as if the Statute had not been.  
Also all Grants and Assignments of Trusts, must be in Writing, signed by the Party, granting or assigning by his last Will or Devise, or else to be void.  
If a Man Covenant 
Covenant to raise an Use.  with his Brother, and two Strangers in consideration of the Love to his Wife and Children, their Preferment and Living, and to settle his Lands in his Name and Blood, to stand seized of the Lands, to the use of himself for Life; and after his decease, to the use of his Wife; and after her decease, to the use of the covenanties, and their Heirs upon Trust, etc. No Use ariseth to these other covenanties, but only to the Brother, because they are Strangers to the Consideration, 
No Use ariseth to them that are Strangers to the Consideration.  1 Cro. 529. Jon. 418. Plow. 307. Yelv. 51.  
In consideration that the Land shall remain in his Name, etc. And the Use is limited to the King 
No not to the King.  to preserve the Tail: it will not raise an Use to the King, 2 Co. 15.  
What this Use is, and when first began, and how united to the Possession, you have read immediately before.   

Gift or Grant.  
The six Conveyances before treated are the Chief, and of greatest moment, and most largely to be treated; the next Conveyance in order proposed, is a Gift or Grant, which differs from a Feoffment; as is before explained.  
A Grant 
A Grant what  Concessio, as Mr. West saith in his Symb. part 1. Lib. 2. §. 290. signifieth permission, sufferance, leave, licence, yielding or giving over of a Thing; but especially taken it signifieth a Gift in Writing of such Things as cannot aptly pass by Word only without Writing; as Rents, Reversions, Services, Advowsons' in Gross, Common in Gross, Tithes, etc. or made by such Persons as cannot give but by Deed; as the King, and all Bodies Politic; 
The general signification.  as Mayors and Commonalities, Deans, Chapters, etc. which Differences be oftentimes neglected, and then it is taken generally to signify every Gift whatsoever, made of any Thing, by any Person whatsoever; and he that granteth or giveth, is termed the Grantor or Donor; and he to whom the Grant or Gift is made, the Grantee or Donee.  
An Instrument of Grant, is a Deed containing the Description of such a Gift or Grant.  

Attornment necessary in Grants.  And note, That Lands and Tenements, and such things as naturally lie in Grant, cannot be transferred from one to another by bare Grants of the Parties, without the Attornment and Agreement of others; the Nature and Effect whereof is after laid down.  
Note, A Grant must be certain, 
Certainty.  Noys Max. p. 61.  
A Man cannot charge or grant that which he never had, Ibid. p. 62.  
A Thing that cannot begin without a Deed, may not be granted without a Deed; 
Things beginning by Deed, how they must be granted.  and every Thing that is not given by delivery of Hands, must be passed by Deed, Ibid.  
All Things that are incident 
Incident.  to others, pass by the Grant of them that they are incident unto, Ibid.  
A Man by his Grant cannot prejudice him that hath an elder Title, 
No prejudice to an elder Title.  Ibid. 63.  
If no Estate be expressed in the Grant, 
How the Estate shall be limited▪  and though Livery and Seisin be made, yet the Grantee hath but an Estate for Life, Ibid.  
But if the words manifest the lawful Will of the Grantor, the Estate shall be taken according to his intent, Ibid.  
All Grants shall have a reasonable Construction, 
The Construction of Grants.  and taken strongest against him that made them, and most beneficial to him to whom they are made, Ibid.  
There must be Attornment 
Attornment.  to Grants of Reversion or Rents, otherwise nothing passeth, except it be by matter of Record, Ibid.   

Lease for Years.  
The next of these Conveyances is a Lease for Years; 
Lease for Years.  and he that letteth is called the Lessor, and he that taketh by the Lease is termed Lessee.  

Certainty thereof.  A Lease for Years must be for time certain, and aught to express the Term, and when it should begin, and when it should end certainly; And therefore a Lease for a Year, and so from Year to Year during the Life of J. S. is for two Years, Noys Max. p. 65.  
It may be made by Word or Writing as before.  

Lease at will.  A Lease from Year to Year, so long as both the Parties please, after entry in any Year, it is a Lease for that Year, etc. till warning be given to departed, 14 H. 8. 16. Noy, Ibid.  
A Lease beginning from henceforth, 
How they shall commence.  shall be accounted from the day of the delivery, Ibid.  
From the making 
From the making.  shall be taken inclusive from the day of the making, or of the date exclusive, Ibid.  
If the Habendum of a Lease be for Term of one and twenty Years, without mentioning when it shall begin; it shall then begin from the delivery, 
From the delivery.  Co. Lit. fol. 46. Herns' Law of Conveyances, p. 15. & 131.  
If Lands descend to the Heir before his Entry, 
Lease made by Heir before Entry.  he may make a Lease thereof, Noys Max. p. 65.  
Tenant for Term of Years may enter 
When the Tenant may enter.  when he will, the death of the Lessor is no let, and he may grant away his Term before it begin, Noys Max. p. 30.  
But before he enter he cannot surrender, 
When surrender.  nor have any Action of Trespass, nor take a Release, Ibid.  
He is bound to repair 
Repairs.  the Tenements.  
And if Tenant for Life or Years, 
Term forfeited.  granteth a greater Estate than he hath himself, he doth forfeit his Term, Ibid.  

View of Reparations and Distress.  Nota, The Lessor may enter to see what Reparations or Wast there is, and he may distrain for his Rent, or have an Action of Debt, Ibid.  

The nature of Leasts.  And note also, That Leases for Life or Years are of three Natures; some be good in Law; some voidable by Entry; and some void without; some in futuro, and some in praesenti, of all which, and o● the Dates, Commencements, Habendums, continuance and determination of Leases; you may find many Examples in a Treatise for that purposed collected, called Landlords Law, p. 137. etc.  
See more of the before, Ch. 1.   

Of a Release.  

Release defined.  A Release is an Instrument whereby Estates, Rights, Titles, Entries, Actions and other Things, be sometimes extinguished; sometimes transferred; sometimes abridged, and sometimes enlarged, West, Symb. part 1. Lib. 2. §. 466.  
A Release made after a Lease for Life or Years, amounteth to a Feoffment; 
It amounteth a Feoffment.  as if I let Land to a Man for Years or Life, and after release to him all my Right in the Land, 
Example.  to have and to hold to him and his Heirs, hereby he hath a Fee-simple, Co. Lit. f. 207. a. Finch L. 1. c. 5. pag. 67. Dyer 263.  
But if I Release to him all my Right which I have in the Land, 
Words to be observed.  without using any Words in the Release, than here he hath only an Estate for Life, Ibid.  
And note, That a Release is the giving or discharging a Right or Action which a Man hath, or claimeth against another, or out of, or in his Lands, Noys Max. pa. 74.  
And a Man may not release upon a Condition, nor for time, 
How a Release shall enure.  nor for part; but either the Condition is void, and the time is void, and the Release shall enure to the Party to whom it is made for ever for the whole, by way of Extinguishment, Ibid. p. 57 But such Release by Deed indented is good, Ibid.  

Words to be observed.  A Release to charge an Estate ought to have these words, (Heirs) or words to show what Estate he shall have, Ibid.  

Void Release.  A Release made by him, that at the time of the making thereof had no Right, is void, Ibid. page 74.  

Void Release.  And a Release made to him, that at the time of the Release had nothing in the Lands, is also void; it behoveth him to have a Freehold, or a Possession or Privity, Ibid. p. 75.  

The common Course of passing Land by Lease and Release.  For which purpose it is now the course in passing Land by Lease and Release; first to execute a Lease for a Year, or the like Term, to the intent and purpose that the L●ssee may be in the actual possession of the Lands intended to be released, and thereby, and by force and virtue of the Statute 27 Hen. 8. for transferring Uses into Possession, be enabled to take a Grant or Release of the Reversion, and Inheritance of the said Land, to the use of him and his Heirs.  
A Release made to him that hath a Reversion, 
Where it helpeth the .  or a Remainder in Deed, shall serve and help him that hath the Franktenement; so shall a Release made to a Tenant for Life, or a Tenant in Tail, 
How it shall inure.  inure to him in the Reversion or Remainder, if they show it; and so to Trespassors and Feoffors, but not to the Disseisors, Noys Max. p. 76. quod bene nota.  
Nota, Mr. Noy here by Franktenement means him that hath Fee-simple; yet a Man is said to have  if he holdeth either in Fee, Fee-Tail, or for Term of Life, Bract. Lib. 2. cap. 9 The new Law Terms, Tit. eod. Brit. cap. 32. saith, Franktenement is a Possession of the Soil, or Services issuing out of the Soil, which a Freeman holdeth in Fee, to him and his Heirs, or at the least, for the Term of his Life, See Cow. Interp. Tit. Freehold.   

Assignment.  

Defined.  Assignment is the appointing or setting over a Right unto another.  
And there is an Assignee in Deed, and an Assignee in Law, 
Assignee in Deed and Law  he in Deed 
In Deed.  is such a one as to whom a Lease, Estate or Interest is assigned.  
He in Law, 
In Law.  is he whom the Law so maketh without any appointment; as an Executor is an Assignee in Law, Vide Dyer fol. 6. nu. 5.  
The difference betwixt an Assignee and Deputee 
Assignee and Deputee the difference.  is said to be, for that the Assignee occupieth in his own Right, the Deputee in the Right of another, Vide Perkins in Grants.  
If the Lessee for Years assign over his Term, and die, his Executors shall not be charged 
Executors not charged.  for Rent due after his death, Noy● Max. 71.  
And if the Executors or Administrators of a Lessee for Years assign over their Interest, an Action of Debt doth not lie against them for Rent; yet it seemeth that the Lessor must have notice of the Assignment, 
Notice of Assignment.  and consent to it, Noy 71. See Moor Rep. Marrow and Turpins' Case, and 3 Co. Walkers Case.  
If a Lessee for Years assign over his Term, the Lessor may charge which of them he will; but if he accept the Rent 
Acceptance of Rent.  from the Assignee (knowing of the Assignment) he hath determined his Election, 
Barreth.  and cannot afterward bring an Action of Debt against the Lessee for Rent due after the Assignment, Co. 3. Rep. ●ol. 24. Bulstr. 2 part 151. Herns' Law ●f Convey. p. 110.  
If the Lessor grant away the Reversion after the Assignment of ●he Lessee; in this case the Grantee cannot have an Action against the ●essee for the Rent, because there 〈◊〉 no privity between them; 
Privity between the Parties.  but ●e is left to his remedy against the Assignee, Poph. Rep. 55. brownlow's 〈◊〉 part p. 56.  
An Assignee of Lands, 
Assignee may pay Money to save the Land.  if he be ●ot named in the Condition, yet ●e may pay the Money to save his ●and, Noys Max. p. 72.  
But he shall receive 
He shall not receive.  none if he be not named, and the Tender shall be to the Executor of the Feoffees, Ibid.  
Assignee shall always be intended, 
Who shall be intended an Assignee.  he that hath the whole Estate of the Assignor, that is assignable; and if there be an Assignee in Deed, an Assignee in Law will not be allowed, Noy, Ibid.  
In Assignments it is necessary to have Covenants of the Assignors part, to save harmless of former Rents, Grants and Charges, and for the delivery of former Deeds, that he is Owner in Possession, and hath power to grant and assign, etc. That the Assignee may quietly enjoy, etc. and to make further assurance, etc.  
And on the Assignees part, to pay the Rents, and perform the Covenants, etc. West, part 1. Lib. 3 §. 453. But this may be done by Bond.   

Exchange.  
Exchange 
Exchange what.  permutatio, Mr. West in his Symb. part 1. Lib. 1. sect. 33. saith, Permutation or Exchange, is a nameless Contract, consisting in the thing and consent, by which one certain thing is given, and exchanged for another; and albeit, it counterfeits Buying and Selling very near, yet because it cannot be discerned thereby, whether is the Buyer, and whether the Seller, it cannot usurp that Title.  
In Exchange both the Estates must be equal; 
Estates must be equal.  there must be two Grants, and in every Grant mention must be made of this word (Exchange,) Noys Max. p. 60.  
It may be done without Livery of Seisin, 
Without Livery of Seisin.  if it be in one Shire, or else it must be done by Indenture, and by this word (Exchange,) or else nothing passeth without Livery, Ibid. p. 61.  
Exchange importeth in the Law Condition of Reentry, 
Importeth Reentry.  and a Warranty, Vourcher and Recompense of the other Land that was given in Exchange: An Exchange● may re-enter upon an Assignee, Ibid.   

Surrender.  

Defined.  Surrender is an Instrument testifying with apt words, that the particular Tenant, i. e. Tenant fo● Life or Years, of Lands or Tenements, doth sufficiently consent, That he which hath the next mediate Remainder or Reversion thereof, shall also have the particular Estate of the same in Possession and that he yieldeth or giveth the same to him: For every Surrender ought forthwith to give a present possession of the thing surrendered unto him which hath such an Estate, where it may be drowned, West, Symb. part 1. Lib. 2. sect. 460. Noys Max. p. 73.  

Two sorts.  And there are two manners of Surrenders, viz. A Surrender in Deed, and a Surrender in Law: Now a Surrender in Deed, 
In Deed.  is that which is really performed, as by Writing; and also when the words of the Lessee to the Lessor prove a sufficient assent, that he shall have again the thing which he holdeth of his Lessor (if the Les●or do agree to it,) it amounts to 〈◊〉 Surrender in Deed, Perkins sect. 606, 607, 608. 6 E. 3. 7.  
A Surrender in Law, 
In Law.  is in intendment of Law, by way of consequent, and not actual; as if 〈◊〉 Man have a Lease of a Farm, ●nd during the Term, he accept ●f a new Lease; this Act is a Surrender in Law of the former Lease, Perk. ibid. 6 Co. fol. 11. b.  
And note, 
Agreement, or disagreement.  The Lessee cannot surrender to his Lessor against his will; but if he to whom the Surrender is made, once agree to it, he cannot afterwards disagree thereunto, Perk. ibid.  
As if the Lessee for Life or Years of Land say, that his will is, 
Example.  that his Lessor shall enter into the Land which he holdeth of him, and shall have the same again, if the Lessor agreeth thereunto, and by force thereof entereth; this is a good Surrender, Ibid.  

A good Surrender.  And if the Lessee cometh and saith unto his Lessor, That he will occupy the Lands no longer, 
Note, a Surrender in Deed must have sufficient words to prove assent and agreement.  and the Lessor by force thereof doth enter; this is a good Surrender, for the Agreement and Entry hath confirmed it, and so of the like, Perk. 109 Herns Law of Con. p. 76.  

Husband surrendreth Wife's Dower.  If a Woman being Tenant in Dower, taketh a Husband who surrendreth the Land which he holdeth for her life, and in her Right▪ after his death she may enter, though she had joined in the Surrender, and notwithstanding that, 
She is not bound.  he to whom the Surrender was made died seized of the Land in Fee and his Heir be in by descent Perkins sect. 112.  

She shall be bound.  But if a Feme-sole who is Less●… for Years of House or Land, taketh a Husband who surrendreth, an● dieth before the Years are out here she shall be bound by this Surrender, Ibid. sect. 113.  

Good Surrender.  And if Tenant in Dower i● Land granteth her Estate unto him in the Reversion, this is a Surrender▪ Ibid. 623.  
If one hold Lands for Life, 
How surrender taketh effect.  the Remainder to a Stranger for Years; and if the Lessee for Life surrendreth unto him in Remainder, it shall not take effect, because that an Estate for Life cannot drown in an Estate for Years, Perkins sect. 589.  
If a Copyholder for Life surrender to the use of another, 
Estate detertermined.  who is admitted, by this the Copyholders Estate is clearly determined.  
But if a Copyholder in Fee surrender to the use of another for Life, 
Revived.  after his Death he shall have ●t again, 1 Cro. 148.  
A joint-tenant 
joint-tenant.  cannot surrender to his Fellow, Noys Max. 73.  
Lessee for Years 
Lessee for Years.  cannot surrender ●efore his Term begin, (though he ●ay grant,) also he cannot surrender part of his Lease, Ibid.  
The Husband may surrender the Wife's Dower for his Life, 
Husband's surrender of his Wife's Estate.  (as be●ore) and her Lease he may surrender for ever, Noy 74.  
Note, 
How it effecteth.  That those things which cannot take effect without Deed, cannot be surrendered without Deed, except in some special Cases.  

By Deed.  And therefore if a Man seized of Rents, Tithe, Common, etc. granteth the same for Life or Years, the Grantee cannot surrender them without Deed, Perk. sect. 581, 582, 584.  
But that those things that may not be granted without Deed, may be determined by the surrender of the Deed 
Surrender of Deed.  to the Tenant of the Land, Noys Max. p. 73.   

Confirmation.  

Defined.  Confirmation is a strengthening and making good of an Estate formerly had, and yet voidable or defeasible, though not presently void by him which hath a better or longer Estate in the thing granted, than the Tenant thereof hath, Lit. sect. 522. West page 1. Lib. 2. sect. 457.  
And it is made by the words (have ratified, approved and confirmed, & similia.)  

Defined.  Noy in his Max. saith, Confirmation is when one ratifieth the Possession, as by Deed, to make his Possession perfect, or to discharge his Estate that may be defeated by another's Entry, Noys Max. p. 76.  
Landlord and Tenant p. 106. saith, A Confirmation is the Conveyance of an Estate or Right that one hath unto Lands or Tenements to another that hath the Possession thereof, or some Estate therein, 
Defined.  whereby a voidable Estate is made sure and unavoidable; or whereby a particular Estate is increased and ●nlarged; and though sometimes it may pass by the words dedi & con●essi, yet the most proper words ●re, confirmavi, ratificavi & appro●avi, which do signify ratum & fir●um facere & supplere omne defectum; ●nd he that makes the Confirmation is called the Confirmer, and ●e to whom 'tis made the Con●rmee, Co. Lit. 295. Bract. 1. Lib. 2. ●8.  
And there are two kinds of Con●●rmation, 
Two sorts of Confirmations  Confirmation in Deed, ●he other implied by Law. Confirmation by Deed, is when the Act done, or Deed made, is intended for a Confirmation. Confirmation implied, 
Implied.  is when the Law ●y construction makes a Confirmation of a Deed made to another purpose, and both these are always in Writing, Co. Rep. 9 fol. 142. Co. Lit. fol. 295. Shepherd's Touchstone C. 18. p. 311.  

Where it effecteth.  If a Tenant for Life will gran● a Rent-charge in Fee, than h● in the Reversion may confirm the same Grant; where a Man by his Entry may defeat an Estate there by his Deed of Confirmation he may make the Estate good, Noy● Max. 77.  

The words.  A Confirmation to charge a● Estate, must have words to show what Estate he shall have, Ibid.  
A Confirmation cannot charge 
Cannot effect.  an Estate that is determined by express Condition or Limitation Ibid.  
Confirmation to Tenant for Life of his Estate only for an hour shall be good for Life; 
For an hour good for Life.  and so 〈◊〉 made to a Tenant in Fee, it shal● be good for ever, Ibid.  
A Lease for Years may be confirmed for a Time, or upon Condition, 
Upon Condition.  or for a piece of the Land Ibid.  
But if a Franktenement be as afore, it shall enure to the whole absolutely, Noy, Ibid.  
To confirm the Estate of Tenant for Life to his Heirs, 
Word Heirs to be observed  cannot be but by Habendum the Land to him and his Heirs; and therefore it is good to have such an Habendum in all Confirmations, Ibid.  
In a Confirmation new Service may not be reserved, and old may be abridged, Ibid.  
Confirmation hath relation to release, and where he that (as before) hath a better Title in the Land than the Tenant, releaseth to the Tenant; this is a Confirmation, West, pa. 1. Lib. 2. sect. 457.  
A Confirmation made by him, that at the time of the making thereof had no Right, is void, Noys Max. p. 74.  
And so if a Right come to him afterwards, (unless it be with Warranty) and then it shall bar him of all Right that shall come to him after the Warranty made, Ibid.  

Where voidable.  But note, A Confirmation made to one Disseisor, shall be voidable to the other, so shall not a Release, Ibid. p. 77.  
Note, That if the King for him and his Heirs grants Catalla felon' & fugitivorum, or the like, which is in grant, and dies, the Grantee needs no Confirmation of the new King, 
Where necessary.  but if it be a Fair or Market, or the like, and it is abused or misused, as it may be; or if it be a judicial or ministerial Office or Power, as to be a Justice o● Peace, Escheator, or the like, there he ought to have a Confirmation of the new King, See Brooks Tit. Confirmation 19 & 29. 1 R. 3.4.  
In a Confirmation it is not amiss in the Premises of the Deed specially to recite the Estate 
Estate to be recited.  of the Tenant which must be confirmed, and also the Estate of him that shall confirm, and to express the Consideration thereof, if any such be, West, Symb. part 1. Lib. 2 sect. 457.   

Revocation and New Declaration.  
This seems to be dependant upon some former Deed or Conveyance, being a Reservation by Covenant to revoke a Precedent, and by Declaration to create a new Estate of the Lands; after which the Lands settle accordingly.   

Will.  
The last of these Conveyances ●s a Will in Writing, 
Wills in Writing.  which course of Conveyance was first ordained, by a Statute made the 23 of H. 8.1. 
When first of force.  before which Statute no Man might give Land by Will, except it lay ●n some Burrough-Town, where ●here was a special Custom, That Men might give their Lands by Will; as it is in London and many other Places.  
The not giving of Lands by Will, 
The Reason.  was thought to be a defect by the Common Law, that Men in the Wars, or suddenly falling Sick had not power to dispose of their Land, except they would make a Feoffment, levy a Fine, or suffer a Recovery, which lack of time would not permit; And for Men to do it by those means, so as they could not undo it again, was thought hard; besides even to the last hour of Life, men's Minds might alter, upon further proof of their Children or Kindred; or by increase of Children; or for Debt; or for defect of Servants or Friends.  

For lack of Wills, Men used the following Device  For which cause it was thought reason that the Law should permit him to reserve to the last instant, the disposition of his Land, and yet then also to give him a means to dispose of it how he pleased, which seeing it did not, Men used this Device following:  

The Device.  They conveyed the full Estate in their Lands in their good Health, to Friends in Trust, 
A Feoffment in trust to Friends.  (called properly Feoffees in Trust,) and then they declared by their Wills, how these Friends should dispose of their Lands, and if those Friends would not perform it, 
Who were compelled to Perform it.  the Court of Chancery was to compel them by reason of the Trust; and this Trust was called the use of the Land, so as the Feoffees had the Land, and the Party himself had the Use, which Use was an Equity to take the Profits himself, and that the Feoffees should make such Estates as he should appoint them; and if he appointed none, than the Use was to go to the Heir, as the Estate itself of the Land should have done; for the Use was to the Estate, like to the Shadow following the Body; But observe that by this course of putting Lands in Use, there were many inconveniencies; for this Use that first grew of a reasonable Cause, 
Many Inconveniencies grew thereby, as a Man, knew not against whom to bring his Action. The Wife defrauded, Husband defrauded, Lord defrauded, Creditor defrauded, Tenant defrauded.  to give Men liberty to dispose their own, was turned to defraud many other just and reasonable Rights, as namely, A Man that had cause to sue for his Land, knew not against whom to bring his Action, nor who was Owner of it; the Wife was defrauded of her Dower; the Husband of being Tenant by the Courtesy; the Lord of his Wardship, Heriot and Escheat; the Creditor of his extent for his Debt; the poor Tenant of his Lease, for the Rights and Duties were given from him that was Owner of the Land, and another (who was not the old Owner, 
And Cestuy que use took the Profits, whose Estate was not liable to Dower, Debts or Forfeiture for Treason.  whom we call the Feoffor) but Cestuy que Use, he to whose use the Feoffment was made, should take the Profits, and have power to dispose the Land by his direction to the Feoffees; and yet he was not such a Tenant, nor so seized of the Land, as that his Wife could have Dower, or the Land be extended for his Debts, or that he could forfeit it for Treason, or that his Heir could be in Ward for it, 
Cestuy que Use could not be in Ward, or make Leases.  or any Tenure of Duty fall to the Lord by his Death, or that he could make any Lease of it.  

The Frauds partly remedied by 1 R. 3. 4 H. 7. 16 H. 8. Action against him that took the Profits.  Which Frauds, as by Degrees of times they increased, were remedied by many Statutes, as namely by the Statute of 1 H. 7. 1. it was appointed that the Action might be brought against him that took the Profits, 
Fraud's yet increased.  which was the Cestuy que Use, he to whose use the Feoffment was made; which Frauds nevertheless daily multiplying, in the end, the Parliament of 27 H. 8. purposing to take away all the Uses, 
Another remedy.  and to reduce the Laws to the ancient form of conveying Lands by public Livery and Seisin, Fine or Recovery, 
To carry the Estate from the Friends in Trust presently to Cestuy que Use, and so this device ended.  did ordain that when Lands were put in Trust or Use, there the Possession and Estate should be presently carried out of the Friend in Trust, and settled and vested in him that had the Use, for such term and time as he had the Use, See the Statute.  
And by this Statute of 27 H. 8. 
The Remedy worse than the disease, and therefore  the power of disposing Lands by Will was clean taken away amongst these Friends, and so this Statute did as it were dispendere justum cum impio, take away what might seem reasonable, by a means less reasonable.  
Whereupon in the 32 of H. 8. 1. 
Wills in Writing began.  Another Statute was made to give Men power to give Land by Will, which took away many Inconveniencies.  
But this Statute was limited 
Were limited.  by many particulars, as to be seized in Fee-simple, to be wholly seized and not jointly, with restraint to Lands held in Capite by Knight-Service of the King, that a third of the whole should descend to the Heir, to answer Wardship, Livery and Primer Seisin to the Crown: 
Were remedied.  But by Statute 12. Car. 2. Cap● 4. All Wardships, Tenors in Capite, Livery and Primer Seisins, and other Dependences were taken away, and the Act 32 H. 8. cap. 6. & 33 H. 8. cap. 22. repealed.  

How the Will must be signed and subscribed  And by the Statute 29 Car. 2. For prevention of Frauds, declares that all devises of Lands or Tenements deviseable either by the Statute of Wills, or by force of the Custom of Kent, or of the Custom of any Burrow, or any other particular Custom, shall be in Writing, signed by the Devisor, or some in his presence by express directions, and subscribed in his presence by three or four credible Witnesses, or else to be utterly void, See the Statute.  

Devise in Writing revocable by Writing only. This Clause does not say the Witnesses shall subscribe  And further, That no Devise in Writing shall be revocable, but by some other Will or Writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the Testator himself, or by his directions, and consent in his presence, the Writing to be signed in the presence of three or four Witnesses, declaring the same, See the Statute.  
That if any Cestuy que Trust 
The Heir of Cestuy que Trust chargeable for Assets.  die leaving a Trust in Fee-simple to descend to his Heir, such Trust shall be Assets by descent, and the Heir chargeable as fully as if the Estate in Law had descended in Possession, in like manner as the Trust, See the Statute.  
Provided that the Heir by reason of any Plea, 
But only of that Estate.  or confession of the Action, or suffering Judgement, be not chargeable to pay the Condemnation out of his own Estate, but out of the Estate so made Assets, in whose hands soever it shall come after the Writ purchased, Sea the Statute.  
That no Will in Writing, 
Will in Writing of a personal Estate not alterable by word of Mouth, except put in Writing in the Testators Life, etc.  concerning any Goods or Chattels, or personal Estate shall be repealed; nor any Clause, Devise or Bequest therein altered or changed, by any other Will made by word of Mouth only, except the same be committed to writing in the Testators Life, and read to him, and allowed by him, and proved to be so done by three Witnesses at the least, See the Statute.  


Note.  There are also two sorts of Wills, Written, and Nuncupative.  
Written Wills be such as I have afore treated, by which kind Lands and Tenements pass, for Lands pass not but by Writing.  
A Nuncupative Testament, is when the Testator doth by Word without Writing declare his Will before a sufficient number of Witnesses of his Chattels only, it may for the better continuance after the making, be put in Writing and Proved; but it is still a Testament Nuncupative, west's Symb. part 1. Lib. 2. sect. 640.  
Note, That by the Statute 29 Car. 2. Where the Estate given by Nuncupative Will exceeds 30 l. it is not to be good, except made in the presence of three Witnesses, bid to bear witness by the Testator in his last Sickness in his own House, or where he had resided ten days, unless surprised by Sickness from home. And it must be proved within six months, unless committed to writing in six days.  
In a Will of Goods there must be an Executor named, otherwise of Lands; for by the Doctors of the Civil Law, and Sergeants of the Common Law, if a Man makes his Testament, 
5 M. 1. Com. 185  and names no Executors, this is no Testament, but yet 'tis a good Will of the Land 
No Executor no Testament, yet a good Will of Land.  in it, for those are not Testamentary; but in the first where Executors want, yet the Legacies shall be paid; but if it appears that he made part of the Testament, and not the whole, there the Legacies shall not be paid. And where a Man makes a Testament and Executors, and they refuse, yet the Legacies shall be paid, 
Legacies shall be paid.  for there is no default in the Testator; and the Testament shall be annexed to Letters of Administration, 37 H. 8. B. Test. 20.  
A Boy after the Age of fourteen, and a Maid after her Age of twelve may make a Will 
Who may make Wills.  of their Goods and Chattels by the Civil Law.  

Who may be Witnesses to Wills.  Persons having power to make Testaments, and void of all natural and civil Imperfections which may impeach their Testimony, may be Witnesses to Wills and Testaments, and there must be three or four at the least present at the sealing, signing, publishing and declaring, and the Testator in presence at their testifying, etc. See Wentworths Office of Executor, and Meriton of Wills, where you may read many more things at large.     

CHAP. III. Showing the Forms and orderly Parts which ought to be observed in Deeds or written Instruments.  
AND thus I have led you through the Nature and Effect of such Deeds by which Lands usually pass.  
Next I shall treat of the Forms and orderly Parts which ought to be observed in such Deeds or written Instruments.  

And as to the Forms.  
Deeds or written Instruments are either Indented or Poll.  
Indented Deeds are such as are cut at the top, one into the other, 
Indentures.  beginning thus, viz. This Indenture, etc. And they do consist of two parts, three parts, four parts, five parts, 
Their Parts.  or of as many parts as shall be needful, and be termed Indentures Bipartite, Tripartite, Quadripartite, Quinquepartite, etc. In which it is expressed that the parties to the same Deed, have to every part thereof interchangeably set their several Hands and Seals, and are most usually made in the third Person, yet may be made in the first Person; as,  

Indentures in the first Person.  To all Christian People to whom this present Writing (Charter or Letters) indented shall come: I A. B. of C. etc. send greeting: Know ye, That I the said A. B. have given, granted and by this my present Writing (Charter or Letters) indented, confirmed unto C. D. etc. twenty Acres of Land, etc. To have and to hold, etc. In witness whereof as well I the said A. B. as the said C. D. to these Indentures our Seals interchangeably have set, Dated, etc.  
Or thus:  
In witness whereof to one part of this present Indenture I have set my Hand and Seal, and to the other part of the said Indenture, the said C. D. hath set his Hand and Seal, Dated, etc.  
And note, 
Nota.  That this Indenture of the first Person may be Bipartite, Tripartite, Quadrupartite, Quinquepartite, etc. as in a Gift in general Tail, with Remainders over, viz. In witness whereof to two parts (or more, as the Remainders are limited) of this my present Charter tripartite indented remaining with the said C. D. and E. F. etc. I have set my Hand and Seal, and to the third part of the said Charter remaining with me, the said C. D. and E. F. their Hands and Seals have put, etc.  
Nota, such Remainders are to lives in esse.  
This Indenture 
Indenture bipartite in the third Person.  made the first day of May, etc. between A. B. of the Parish of, etc. of the one part; and C. D. of the Parish of, etc. of the other part, Witnesseth, etc.  
This Indenture tripartite, 
Tripartite.  made the second day of May, etc. between A. B. of, etc. of the first part; C. D. of, etc. of the second part; and E. F. and G. H. of, etc. of the third part; Witnesseth, etc.  
This Indenture quadripartite, 
Quadripartite.  made, etc. between A. B. of, etc. and C. D. his Wife of the first part; D. E. of, etc. of the second part; F. G. of, etc. of the third part; and H.I. of, etc. of the fourth part; Witnesseth, etc.  
And so of the rest.  
And note, That each part of such Indentures is of as much force and effect alone, and as beneficial to either of the said Parties, as both parts thereof together, west's Symb. Lib. 1. sect. 46, 47.  
Deed's Poll 
Poll Deeds.  are Deeds only of one part, and cut even or plain at the top, beginning thus, viz.  
Know all Men by these Presents.  
Or thus:  
To all Christian People, etc. and may be made in the first Person or third.  
Know all Men by these Presents, 
First Person.  That I A. B. of, etc. Gent.  
To all Christian People to whom these Presents shall come, A.B. of, 
Third Person.  etc. sendeth greeting; Whereas, etc.  
Be it known to all People, etc.  
This present Writing witnesseth, etc. cum multis aliis, any of which Forms may be in the first or third Person.  
And each of these Deeds may consist of Grants or Discharges.  
Grants which are constitutive 
Grants constitutive.  and creating what was not before, as the first Grant of a Way, of a Rent, or of an Estate in Tail, for Life, or for Years, with Warranty or without; and are either absolute or conditional; or conveying, whereby Estates already or formerly made, are conveyed to others.  
Of Discharges 
Discharges.  which are remissory or liberatory, releasing or discharging something in being; as releaseth, Defeazances, Acquittances, etc.  
And most of such Deeds and Instruments by which Lands pass, as afore described, have formal and orderly Parts, viz.  


The parts of Deeds.  The Premises 1.  
The Habendum 2.  
The Reddendum 3.  
The Warranty 4.  
The Covenants 5.  
The Conditions 6.  
The Conclusion 7.   
First, the Premises 
The Premises what.  unto the Habendum, wherein is included 

1. Grantor.  
2. Grantee.  
3. Thing granted.    
By apt and proper Names and Descriptions, which are certain in themselves, or which by Reference may be reduced to a certainty.  
4. Exceptions, 
Words of Exceptions.  by these, or the like words, Excepted, Excepting, Besides, Saving, Save only, etc. which must be first of some particular, out of a general; secondly part of what is granted, and not all; thirdly that which may be severed from the thing granted, and not an inseparable incident thereunto.  
5. A Recital of something antecedent.  
Nota, In many Deeds in the Premises, there may be no occasion of Exception or Recital; some may require either, and some both; as in the making of a new Lease, reciting the surrender of a former Lease, and excepting the Bodies of Oak Trees, or a Room out of a House, or of Woods, etc. as the Case requires.  
Nota, Exceptions of part, ought always to be of such things which the Grantor had in Possession at the time of the Grant, Noy, page 69.  
west's Symb. Lib. 1. sect. 48. 
To which may be properly added the date and consideration; as moneys, Goods Natural Affection, & similia.  The Premises, saith he, is commonly all that precedeth the Habendum, or Limitation of the Estate, wherein are to be considered, first the Person contracting; next the Thing, Matter or Fact, whereof the Contract is to be made; and then the Words, with which the said Contract is to be described; for the Persons are the very efficient, as the Considerations are the motive Causes; for which, and by whose consent the Instruments are agreed upon and made.  
Noys Max. page 133. In the Premises are first the direct nomination, as well of the Feoffor as of the Feoffee, together with their Places of Residence, Habitation or Dwelling, and their Qualities, Estates, Additions or Conditions. Secondly, the certain expressment and setting down of the Lands conveyed.  
Secondly the Habendum or consequence of Deeds; whose Office is to set down, 

1. Grantee.  
2. Certainty of the Thing Estate and Life granted, and to what use.    
west's Symb. Lib. 1. sect. 52. The later part of Instruments and Consequence thereof, is all that necessarily followeth the Premises, and that is the Habendum.  
In which is limited and expressed what Estate and Property the Party passive shall have; 
The Habendum what.  as Fee, Tail, etc. and that is twofold, namely the Limitation of the Estate, and of the Use reciting withal the Thing granted, by some sufficient general Name, as Habendum & Tenendum the said (Manor,) Message or Tenement aforesaid, with the Appurtenances (as the case requireth, and as it is granted in the Premises) unto the said J. S. his Heirs and Assigns for ever, to the use and behoof of the said J. S. his Heirs and Assigns for ever.  
Noy, 150. The Office of the Habendum, is to name again the Feoffee, and to limit the certainty of the Estate: and it may and doth sometime qualify the general Implication of the Estate, which by construction and intendment of Law passeth in the Premises; and the Premises may be enlarged by the Habendum, but not abridged; it is also required of the Habendum to include the Premises, Noy, page 54. The Habendum 
Habendum void.  must not be repugnant to the Premises; if it be, it is void, and the Deed will take effect by the Premises, Ibid. That is, the precedent Estate given by the Premises shall stand, and the Estate by the Habendum shall be void; As where a Feoffment is made to one and his Heirs by the Premises of the Deed, Habendum to him and his Heirs during the Life of I. S. or if a Feoffment be made to one and his Heirs by the Premises of the Deed, Habendum to the Lessee for the Term of his Life: Now these words of Limitation, during the Life of I. S. or during the Lessees Life, as aforesaid, are void words, because the Habendum is repugnant to the Premises, Landlord and Tenant, page 139.  

2 Co. Buckleys Case.  The Habendum sometimes doth qualify and control the general Implication, etc. as for example; A Lease to two, Habendum to one for Life, the Remainder to the other for Life; this Limitation doth alter the general Implication of the joint-tenancy, which would have been without the Habendum, and the Habendum is not contrary to the Premises; for in the Premises no certain Estate is passed, See Buckleys Case in the second Book of Sir Edward Cooks Reports.  
But Landlord and Tenant 
Landlord and Tenant fol. 140.  citing this very Case to show that the Habendum doth control and qualify the general Implication, saith, [And therefore the Habendum is void, in that the Premises do make them joint-tenants; and the Habendum would sever the Jointure, and make the one to have all during his Life, and the other the whole after him, and directs to Blow. fol. 133. and Herns' Law of Convey. p. 2.]  
But Quere 
Quaere.  of this.  
And what hath been aforesaid, may be sufficient to show the Office of the Habendum.  
To which also let us join the Tenendum, 
Tenendum. what.  which before the Statute of Quia emptores terrarum, 18 Ed. 1. was usually in Feoffments expressed from the Feoffors and their Heirs, and not of the Chief Lords of the Fee, etc. whereby there happened divers Inconveniencies to the Lords, as the losing of their Escheats and Forfeitures; etc. Whereupon it was granted, provided and enacted, That every Freeman for the future, might sell his Lands or Tenements, or part thereof at his Will, so that the Feoffee should hold such Lands or Tenements of the Chief Lord of the Fee, by the same Services and Customs, by which his Feoffor before held the same; which Statute was made for the advantage of Lords; And at this day where the Fee-simple passeth, the Tenendum, must be of the Chief Lords of the Fee, etc. for no Man since the said Statute could ever convey Lands in Fee, to hold of himself, (except the King.) And note, That where Lands, etc. are conveyed in Fee, though there be no Tenendum at all mentioned, yet the Feoffee shall hold the same in such manner as the Feoffor held before, Quia fortis est Legis Operatio, the Statute so determines, Noy 151, 152.  
Thirdly, The Reddendum which reserves some new Thing to the Grantor, etc. and is usually made by the Words, 

Yielding.  
Paying.  
Doing.  
Reserving.  
Finding, etc.    
And reserves what was not before, 
Tenendum what  or abridges the Tenure of what was before; and it is termed an adjunct proper to the Consequence of Instruments, and is the Reserservation of a Rent, Suit or Service, if any be reserved, west's Symb. Lib. 1. sect. 55.  
If a Rent be reserved, it must be out of a Message, and where a Distress may be taken, and not out of a Rent, Noy 69.  
And the Heir shall not have that which is reserved, if it be not reserved to him by special words, Noy 70.  
If a Man makes a Feoffment of Lands, and reserves any part of the Profits thereof, as the Grass, or the Wood, that Reservation is void, 
Void Reservation.  because it is repugnant to the Feoffment, Ibid.  
A Man by a Feoffment, Release, Confirmation or Fine, may grant all his Right in the Land, saving unto him his Rent-charge, Ibid.  

Nota.  Things that are given only by taking and using, as Pasture for four Bullocks, or two Loads of Wood, cannot be reserved but by way of Indenture, and then they shall take effect by way of Grant of the Grantor, during his Life, and no longer without special words, Ibid.  
Fourthly, Warranty, 
Warranty what.  Warrantise it is a Verb used in the Law, and as Littleton saith, maketh the Warranty, and is the cause of Warranty, and no other Word in the Law: But it may be understood only of an express Warranty in Deed, and of a Warranty annexed to Lands; for there are other Words which will extend and inure sufficiently to warrant Chattels, etc. and which will imply a Warranty 
Words implying Warranty.  in Law, as Dedi, etc. Excambium, etc. Glanvil Lib. 3. c. 1. vel in Excambium, or Escambium datione, Lit. in his Chapter of Parceners, teacheth that Partition implieth a Warranty in Law. The Feoffor by the Words of Dedi & concessi shall be bound to Warranty during his own Life, Noy 84. There are three manners of Warranties, Viz. Warranty Lineal, Warranty Collateral, and Warranty which commences by Disseisin, Vide Littleton Chap. Warranty.  
The first is when one by Deed bindeth both himself and his Heirs to Warranty, 
Lineal Warranty.  after his Death this Warranty descendeth to, and upon his Heir.  
The second is in a Transverse or overthwart Line, so that the Party upon whom the Warranty descendeth, 
Collateral Warranty.  cannot convey the Title which he hath in the Land, from him that was the maker of the Warranty.  

Warranty by Disseisin.  The third and last is where a Man unlawfully entereth upon the  of another, thereof disseising him, and conveyeth it with a Warranty, Noy, 3.83.  
Lineal Warranty barreth him that claimeth Fee, and also Fee-tail, with Assets in Fee, Ibid.  

How it barreth  Collateral Warranty is a Bar to both, except in some Cases that be remedied by Statute, as Warranty by the Tenant by the Courtesy, except he hath enough by descent by the same Tenant, Ibid.  
Warranty by Disseisin barreth not at all.  
Warranty descendeth 
How Warranty descendeth  always to the Heir at the Common Law, viz. the eldest Son, and followeth the Estate, and if the Estate may be defeated, the Warranty may also, Noy 84.  
It barreth not the second Son in Gavelkind; although all the Sons shall be vouched, and not the eldest alone, yet he alone shall be barred, Ibid.  
Every Warranty which descends, doth descend to him that is Heir, to him which made the Warranty by the Common Law, Noy 154.  
cowel's Interp. Title Warranty, saith, 
Nota.  That under the word Haeredes are comprised all such, as the first Warranters Lands come unto afterwards, either by descent, or otherwise ex causa lucrativa, so that if a Man have twenty Children, yet if he give his Land to a Stranger, leaving his Children no Land, that Stranger in this case is his Assignee, and is contained under this word Heir, so that if he commit Felony after such Warranty covenanted and forfeit his Lands to his Lord by Escheat, the Lord is quasi haeres in this case, and liable to the Warranty formerly passed. To this may be joined the word Defend. 
Defendemus.  being used in Feoffments, etc. whereby as Bracton saith, The Feoffor bindeth himself and his Heirs to defend, etc. Si quis velit servitutem ponere Rei datae contra formam donationis, etc.  
Fifthly, The Covenants 
Covenants what.  containing the Terms of Granting and Holding, being either real or personal, and inherent or collateral, must contain Things lawful and possible to be done.  
A Covenant is the consent of two or more in one self thing, to give or do somewhat, West, part 1. Lib. 1. sect. 4.  
And there is a Covenant in Law, and a Covenant in Deed, or Covenant express, and Covenant in Law; 
Covenant in Law.  a Covenant in Law is covert or hid, and to be implied; as if the Lessor do demise, etc. to the Lessee for a certain Term, the Law intendeth on the Lessees part, that the Lessee shall during his whole Term quietly enjoy his Lease against all lawful Encumbrances, cowel's Interp. Title Covenant.  

Covenant in Deed.  Covenant in Deed, or Covenant express is manifest, and that which is expressly agreed between the Parties; and this is the Covenant we now intended, which as aforesaid, may be either real or personal, Fitz. N.B. f. 145.  
A Covenant Real 
Covenant Real.  is whereby a Man toeth himself to, pass a Thing real; as Lands or Tenements; as a Covenant to levy a Fine, etc. A Covenant merely personal, 
Covenant Personal.  is where a Man covenanteth by Deed with another to build him a House, or any other thing, or to serve him, or to enfeoff him, etc. cowel's Interp. Tit. eod.  
Covenant collateral 
Covenant Collateral.  is that which cometh in, or is adhering of the side; as Collateral Assurance is that which is made over, and beside the Deed itself.  
Note also, 
Nota.  A Bond for performance, is termed a Collateral Assurance, because it is external, and without the essence of the Covenant, cowel's Int. Tit. Covenant.  
The words of Covenants are, 
Words of Covenant.  Covenant, Grant, Promise and Agree, expressing the thing agreed upon by apt words; and there be Deeds made altogether of Covenants, whereof you may see good store in West Lib. 2. sect. 57, 58, 59, 60, etc.  
Nota, All Covenants are to be made on either side, according to every several Contract, as to be saved harmless or discharged, to be seized in Fee, etc. To have power to sell, to be Owner of the Tenements or Chattels sold, to make further assurance, for quiet enjoyment, etc.  
Sixthly, The Conditions which are procedent, or subsequent to the Estate.  

Conditions what.  A Condition is generally a Rule, Manner or Law annexed unto men's Acts, staying and suspending the same, and making it uncertain, whether they shall be or no: For a Condition is properly said to be, when any thing is referred to any incertain Chance, 
West, Symb Lib. 2. ●●ct. 110.  which may happen or not happen.  

The Words of a Condition.  The words of a Condition are, Sub Conditione, Ita quod, Si Contingat, Proviso semper, i. e. Under Condition, So that, If it shall happen, Provided always, and the like; But the words, To the effect, with that intent, to pay, etc. do not make a Condition in Feoffments and Grants, if it be not in the Case of the King, or in the Case of a Will, Landlord and Tenant, page 34.  
Note, 
Nota.  There are two manners of Conditions, one expressed by Words, and called a Condition in Deed; the other implied by Law, and called a Condition in Law.  
A Condition in Deed, 
Condition in Deed.  or express Condition, is knit, and annexed by express words to the Lease or Grant; for example, If I make a Lease for Years, reserving Rend to be paid at such a Feast, upon Condition, That if the Lessee fail of payment at the day, that then it shall be lawful for me to re-enter.  
A Condition implied, or Condition in Law, 
Condition in Law.  is when a Man grants to one the Office to be Keeper of a Park, Steward, Bailiff, or such like, for Term of Life; here the Law implieth a Condition, That if he doth not truly and faithfully execute his Office, than it shall be lawful for the Grantor to discharge him thereof.  

Nota.  Note also, All Conditions are as aforesaid, either precedent and going before the Estate, and are executed; or else they are subsequent and following after the Estate, and to be executed.  
Condition precedent 
Condition precedent.  doth gain and get the Thing or Estate made upon such Condition, by the performance of the same; as when an Estate is made to a Man for Life, upon Condition, That if the Lessee for Life will pay to the Lessor 20 l. at such a day, than he shall have Fee-simple; here the Condition precedes, and goes before the Estate in Fee-simple, and upon the performance of the Condition, the Lessee doth gain and get the Fee-simple, if Livery and Seisin were given.  
Error was brought in Ejectment out of C. B. in a special Verdict, The Case was John Hamond having two Sons, John and Thomas, being seized of a Copyhold, Estate in Fee, in nature of Burrough English, surrenders to the use of himself for Life, and after his Decease to the use of his Son John, and his Heirs and Assigns for ever, if he attain the Age of twenty one Years; Provided, That if my said Son John do die within Age, than it shall go to my right Heirs.  
Holt pro Quer' in Error', said, The Question was, If it was a Condition precedent or subsequent, and held it was a Condition precedent, and cited Plowden 35. and said, A subsequent Condition is to be taken strictly, and must have proper words; but a precedent Condition may not, Lit. 330. 1 Inst. 103. Lit. sect. 301. Jones, Spring and Cesar, fol. 389.  
Pollexfen pro Def. said, There may be a Remainder upon a Condition precedent and Judgement was affirmed, Mich. 26 Car. 2. Bockeril versus Hamond, Ro. 120.  
A Condition subsequent, 
Condition subsequent.  doth keep and continue the Thing or Estate made upon Condition, by the performance thereof; as when one grants to A. B. his Manor of G. in Fee-simple, upon Condition that the Grantee shall pay to him at such a day 20 l. or else that his Estate shall cease: here the Condition is subsequent, and following the Estate in Fee-simple, and upon the performance thereof, doth keep and continue the Estate.  
Terms deal Ley verb. Condition.  

Void Conditions.  Nota, If an Estate he made, and the Condition against the Law, the Estate's good, the Condition void, Noy, p. 78.  
If the Estate beginneth by the Condition, than both are void, Ibid.  
Conditions repugnant, the Estate good, the Condition's void, Ibid.  
Conditions impossible are void, and the Estate good, Ibid.  
It shall not enlarge any Estate, Ibid.  
No Man shall take advantage of a Condition, except he be privy or party to it.  
When the word Proviso 
Of the Word Proviso.  maketh a Condition, it must have these three Qualities; First it must not depend upon another Sentence, or have Reference to any other part of the Deed, (for if it do, than it is but a Qualification or Limitation of the Sentence, or of that part of the Deed, 
When and how it maketh a Condition.  as Provided that the Person of the Grantee shall not be charged.) Secondly it must be the word of the Bargainor, Feoffor, Donor, Lessor, etc. Thirdly, it must be compulsory to enforce the Bargainee, Feoffee, Donee, Lessee, etc. to do an Act; and where these Things concur in a Proviso, it doth make a Condition, in what place soever it be placed; For cujus est dare, ejus est disponere, Landlord and Tenant, p. 61.  
But note, the Case put afterwards.  
Nota, Sometimes the word Proviso or Provided doth make a Covenant; sometimes an Exception; sometimes it is taken for a Reservation; sometimes for an Explanation, Ibid.  
When a Lessor letteth Lands, Provided that the Lessee shall not alien without the assent of the Lessor under pain of forfeiture, 
Proviso maketh a Condition.  here it is a Condition. Ibid.  
If a man have two Manors both of them named Dale, and he leaseth his Manor of Dale to one, Provided that he shall have the Manor of Dale in the occupation of A. B. This Proviso is an Explanation. 
An Explanation.  Ibid.  
If a man lease a House, and the Lessee covenants that he will repair it, provided always the Lessor is contented to find the great Timber; This Proviso is a Covenant, 
A Covenant.  Ibid.  
If a man lease his House to D. provided he will have a Chamber thereto belonging to himself, This Proviso is an Exception 
An Exception  of the Chamber, Ibid.  
If I make a Lease of Lands rendering Rend at such Feasts as J. S. shall name, provided that the Feast of St. John Baptist shall be one; here the Proviso is taken for a Reservation, 
A Reservation  Vid. Landlord and Tenant, p. 61, 62.  
☞ The Case was, A. let's to B. for twenty one Years, and after the Reddendum is a Covenant, Provided always, etc. That the Lessee shall not let or assign over his Term without the consent of the Lessor first had in Writing.  
B. cannot assign over to D. lest A. enter upon him, and oust him, because 'tis a Condition: And although the words are, That he shall not let, etc. Yet if there be any other Covenants between the Reddendum and this Proviso, then 'tis but a Covenant: And if B. do let to D. A. cannot turn him out, but have an Action of Covenant against B. but if otherwise A. may turn him out.  
Therefore observe whether it doth follow the Reddendum or no. 
Nota.   
Edmund Saunders.  
And note, These Condition's precedent or subsequent to the Estate, are or may be, Affirmative, Negative, Collateral, Inherent, Restrictive, Compulsory, Single, Copulative and Disjunctive, and make the Estate whereto they are annexed void without, or voidable by Entry, or Claim, or tend to make and enlarge, or destroy or clog Estates.  
Seventhly, The Conclusion, 
Conclusion what.  In cujus rei Testimonium, In Witness whereof, etc.  
This Clause is added as a Preparatory Direction to the sealing of the Deed; for sealing is essentially required to the perfection thereof, because it doth plainly show the Feoffors or Parties consent to, and approbation of what is therein contained, Noy, p. 155, 156.  

Nota.  And note, That the date of the Deed, which is the Description of the Time in which the Deed was made, either by the Year of the Lord, or the Year of the Prince's Reign, may be placed in the Conclusion, and is so most usually in all Deed's Poll: but otherwise in Deeds indented most commonly and properly in the beginning of the Premises, as before is touched in several Examples.  

Words to be used in Instruments.  And here take notice that such words are to be used in the making of Instruments, as the nature of the Contract doth require; as in Feoffments, 
In Feoffments  Feoffavi, Dedi or Concessi, have enfeoffed, given, granted, etc.  
In Bargain and Sale, 
In Bargain and Sale.  have bargained and sold, etc.  
In a Gift or Grant, 
In Gift or Grant.  have given, granted and confirmed.  
In a Lease 
In a Lease.  for Years, have demised, granted and to farm let.  
In a Release, 
In a Release.  have remised, released and for ever quit claimed.  
In Assignments, 
In Assignments.  have given, granted, assigned and set over.  
In Exchange, 
In Exchange.  have given, granted and confirmed, and by these Presents, etc. unto A. B. and to his Heirs and Assigns for ever in Exchange, etc.  
In a Surrender, 
In Surrender.  hath surrendered, granted and confirmed.  
In a Confirmation, 
In Confirmation.  have ratified, approved and confirmed, etc.    

CHAP. IU. Showing what Things are required to the making of a good Deed or Instrument.  
AND thus I have laid you down the formal and orderly Parts which ought to be observed in the making of Deeds and Instruments; 
Requisites.  but it is requisite to let you further know,  
That to the making of a good Deed are required,  
First, Legible and formal Writing 
Legible Writing.  in Paper or Parchment, before sealing and delivery.  
Secondly, Capable Persons 
Capable Persons.  not disabled by Law, (but Donors and Donees that are Monks, Friars, etc. are disabled.)  
Also Persons attainted of Treason, Felony or Praemunire.  
And 

Infants  
Madmen  
Idiots  
Femes  
Covert  
Aliens  
Deaf, Blind & Dumb from Nativity.   Are disabled, 
Defects hindering.  except in several special Cases and Things  
For all which, by Nature can consent, cannot also consent by Law: But Age hindereth some; and some the Defects of the Body; and some the Defects of the Mind, so that they cannot consent, West, Symb. part 1. Lib. 1. sect. 4.  
Age 
Age.  hindereth those that be within the Age of twenty one Years. Defects of the Mind, those that be of full Age, Ibid.  
Infants which understand not what is done, 
Infancy.  can therefore neither make Obligation nor Covenant, which may take beginning at their Persons; 
Exception.  except such as be at the Age of Discretion; That is, Males at the Age of fourteen Years, and Females of twelve Years, which in some Cases may covenant and be bound; as for necessary Food, Raiment, Schooling Instruction, etc. or as Executor to another, etc. Ibid.  

Lands properly named.  3. It must be a Thing to be granted and passed.  
4. It must be by proper and sufficient Names and Descriptions, both of the Grantor, Grantee, and Thing granted.  
Which must be grantable 
Grantable.  in its own Nature, and by him that grants it, and is either corporeal and , or incorporeal, or Chattels: Corporeal and ; as Houses, Lands, Woods, etc. which are grantable in Fee, Tail, for Life, for Years, etc. and assignable from Man to Man.  
Incorporeal; as 

Rents.  
Services.  
Advowsons'.  
Presentations.  
Reversions.  
Remainders.  
Offices.  
Licences.  
Franchises.  
Commons, etc.    
Whereof some are grantable at their first Creation, but not assignable after, As 

Great Offices of Trust.  
Judicial Offices.  
Licences.  
Authorities, etc.   Some are 

1. Assignable always.  
2. Entirely, but not in part.  
3. Entirely or in part.  
4. To any Body.  
5. But to special Persons.  
6. Some Things incident to others, and not grantable without the Things to which they are incident.    
Or Chattels which are either real; as Leases for Years present, 
Chattels real.  or to come, Extent, etc.  
Or personal; 
Personal.  as Horses, Oxen, Plate, etc.  
Fifthly, 
Reading the Deed.  The true reading or dedeclaring to a blind or illiterate Person.  
Sixthly, Sealing and Delivery. 
Sealing and delivery.   
By the Maker or his Attorney absolutely and positively to, or to the use of the Party.  
Or conditionally, and as an Escrow to another.  
Seventhly, To an Honest end, 
To honest Ends.  and not by unlawful Contract, or made by Force or Fraud.  
Eighthly, Due Ceremony; as Attornment,  
Livery of Seisin,  
Inrolment, etc.  

Deeds executed not alterable.  A Deed when made, read, sealed and delivered, may be altered or amended in nothing, West, Symb. part 1. Lib. 1. sect. 56.  
A Writing cannot be said to be a Deed if it be not sealed; although it be written and delivered, it is but an Escrow, 
Escrow.  Noys Max p. 55.  

Insufficient Deed.  And if it were sufficiently sealed, yet if the print of the Seal be utterly defaced, the Deed is insufficient, it is not my Deed; and though it may not be so pleaded, yet it may be given in Evidence, Ibid.  
A Deed taketh effect 
How it taketh effect.  by the delivery, and if the first take any effect, the second is void, Ibid.  
And a Jury shall be charged to inquire of the delivery, 
Delivery and Date.  but not of the date; yet every Deed shall be intended to be made when it doth bear date.  
So if a Lease be made, 
How Deeds shall commence.  dated the third of May 1688. to have and to hold for three Years from henceforth, or from the making; and it is delivered the 20 day of June after, in this case the day of the delivery shall be the first day of the Term, and must be taken inclusive, and the Lease shall end the 19 day of June in the third Year, Co. Lit. fol. 46. Co. Rep. 5. fol. 1. & 93. Noys Max. p. 55. Herns' Law of Conveyances p. 14, 15.  
The delivery ought to be done by the Party himself, 
Delivery how to be made.  or by his sufficient Attorney, and so it shall bind him whosoever wrote or sealed the same, Noys Max. p. 55.  
If one be bound to make Assurance, 
Reading the Deed.  he need not deliver it, unless there be one to read it to him before, Ibid. p. 56.  

False reading.  And if any Writing be read in any other form to a Man unlearned, it shall not be his Deed, Ibid.  

Deeds how voidable.  And yet a Deed when well made, read, sealed and delivered, may be void or voidable, when got By 

Force,  
Fraud,  
Corrupt Agreement.   Or may be marred by 

Rasure  
Interlining  
Addition  
Breaking the Seal  
Defacing  
Judgement of Court, etc.    

Voidable Deeds.  All Feoffments, Gifts, Grants and Leases made by duress of Imprisonment, are voidable; and tha● not only by the Parties themselves but by their Heirs, and those who have their Estates, Perkins, sect. 16 Plow. 18. a. Co. Lit. fol. 253.   

CHAP. V Showing the Form and Effect of Livery of Seisin and Attornment, etc. And what is a Reversion, Remainder and particular Estate.  

Livery and Seisin.  
LIvery and Seisin, 
Defined.  is a Ceremony used in the Conveyance of Lands, that the Common People might know the passing or alteration of the Estate; that they might surely know in whom the Right thereof remained for their own peace and quietness, Perk. 209, 210. Bract. Lib. 2. cap. 18. sect. 12. Noys Max. p. 58. West, Symb. p. 1. Lib. 2. Sect. 251.  
The usual manner of Delivery of Seisin, of Houses, Lands, Tenements, etc. is thus:  
The Feoffor and Feoffee, 
How to be executed.  (if they be present) or in their absence their Attorneys (sufficiently authorised in Writing,) do come to the House or Place whereof such Seisin is to be delivered, and there in the presence of sundry good Witnesses, declare the cause of their meeting there; and then openly read, or cause to be read the Deed of Feoffment (and Letter of Attorney, if by Attorney) or to declare the very effect thereof, before them in English; which being so done, the Feoffor or his Attorney taketh a Clot of Earth, or a Bough, or a Twig of a Tree thereupon growing, the Ring, or the Hasp of the Door of an House, and delivers the same with the said Deed unto the Feoffee or his Attorney, saying, I deliver these unto you in the name of Possession and Seisin, of all the Lands, Tenements, etc. contained in this Deed, To have and to hold, according to the form and effect of the same Deed, Ibid.  

The Effect.  By Livery of Seisin the Feoffor transferreth unto the Feoffee all that he hath in things whereof Livery is made, according to the State thereupon limited, West, sect. 251. p. 1. Lib. 2.  
And the date and manner of this Seisin must be endorsed (thus,)  
Memorandum, 
Endorsement of Seisin.  That the _____ day of _____ peaceable and quiet Possession and Seisin of the Lands and Hereditaments within mentioned to be granted, was had and taken by the within named A. B. and by him was delivered to the within named C. D. in their proper Persons, according to the Tenor, Form and Effect of the within written Deed, in the presence of us,  


A. B.  
C. D.  
E. F.    
Note, If by an Attorney 
By an Attorney  to an Attorney, or by Attorney to the Lessee himself, or by the Lessor to an Attorney, than you say, By (or to) A. B. Attorney of the within named C. D. and so of the like, mutatis mutandis, West, Ibid.  
Note, A Man cannot make Livery of Seisin before he hath the Possession, 
Possession necessary.  Noys Max. 57  
Livery of Seisin is requisite 
Where it is requisite.  in all Feoffments, Gifts in Tail, and Leases for Life, made by Deed or without Deed, Ibid. 59  
No Freehold 
Freehold.  will pass without Livery of Seisin, except by way of Surrender, Partition or Exchange, or by matter of Record, or by Testament, Ibid.  

Time.  Livery of Seisin must be made in the Life-time of him that made the Estate, Ibid.  
There needs no Livery of Seisin to be given on a Lease for Years, 
Lease for Years.  but the Lessee may enter when he will, Co. Lit. 48. a. And if Livery be given, he shall have but an Estate for Years.  
There needeth neither Livery of Seisin, nor Writing to an Assignment of Dower, 
Assignment of Dower.  because it is due of Common Right, Idem fol. 35. Dyer 91.  
Note, If there be a Lease for Years, 
They in Possession cannot take it.  and a Remainder granted over in Tail, or in Fee, or for Life, than there must be Livery given to the Lessee for Years, or otherwise nothing passes to him in the Remainder; And if the Lessee enter into the Land before Livery, and enjoy, than the Lessor after his Entry cannot make Livery to him, for he is then in Possession, and such Persons as have Possession in Lands for Years, or for Life, &c. cannot take by Livery and Seisin of the same Lands, for Livery must be given of, and aught to bring an immediate Possession, 
For it ought to bring an immediate Possession.  Lit. Tenors fol. 13. a. Co. Lit. fol. 49. b. Herns' Law of Convey, p. 25. Co. Rep. 2. fol. 31.  
The Lessor cannot make Livery and Seisin against the Will of the Lessee 
Cannot be against the Lessees Will,  being on the Land, but he may grant the Reversion; and if the Lessee do attorn, the Freehold will pass without Livery of Seisin, Noys Max. p. 58.  
If two several Deeds 
How it passeth where two Deeds of one thing.  be made to two several Persons, of one self thing, it passeth unto him unto whom Seisin is first delivered, West, Symb. sect. 251. part 1. Lib. 2.  
By Livery of Seisin in one County, 
County.  the Lands in another County will not pass, Noys Max. p. 59  
And therefore if they lie in several Counties, 
Several Counties.  it is convenient that he enter into every parcel thereof, and so make Livery in every several parcel, for he can give no Possession unto his Feoffee, if he have it not in himself at that very instant, West, ubi supra.  
Livery may not be made of an Estate to be given in futuro, 
Estate in futuro  for no Estate of Freehold or Franktenement may be given in futuro, but shall take effect presently by Livery and Seisin, Noys Max. p. 59  
See the Case of a Lease for Years with Remainder, ut supra.  
And note that Livery of Seisin is of two sorts, 
Livery of Seisin is twofold.  viz. in Law, and in Deed, Noys Max. p. 160.  
Livery of Seisin in Law, is termed Livery of Seisin within the View, which is, when a Man maketh a Deed of Feoffment, and delivers Seisin within the View, the Feoffee being afraid to enter, Ibid. 163.  
And note, This Livery within View 
Livery within the View.  is good, if the Feoffee do enter in the Life-time of the Feoffor, Idem p. 59  
And yet it is said, that a Livery in View or Law, may sometimes be perfected by an Entry in Law, 
Perfected by Entry in Law.  which is, when the Feoffee being afraid to enter, as before, maketh continual Claim of the same, 38 Ass. pl. 23.  
And it is said that no Man can constitute another to receive Livety for him within the View, 
No Attorney in Livery in View.  nor yet to deliver; for none can take by force or virtue of a Livery in Law, but he that taketh the Freehold himself, Et sic e contra, Noys Max. p. 163.  
Livery and Seisin in Deed 
Livery in Deed.  is actually done either personally or by Attorneys, as is before explained.   

Attornment.  
The end of Attornment is to perfect Grants, 
Defined.  and therefore may not be made upon Condition, or for a Time, Noys Max. p. 64. but it shall enure to the whole absolutely.  
Attornment is the Agreement of the Tenant to the Grant, by Writing or by Word; as to say, I do agree to the Grant made to you; or I am well contented with it; or I do Attorn unto you, or I do become your Tenant, etc. or delivering a Penny unto the Grantee, by the Tenant by way of Seisin of a Rent, and to pay or do but one Service only in the name of the whole, it is good for all, Ibid. p. 63, 64.  

Where it effecteth.  Lands and Tenements, and such things as naturally lie in Grant, cannot be transferred from one to another by bare Grants of the Parties, without the Attornment and Agreement of others; as of the Tenant, to the Grant of the Seignory, (or of a Rent,) or the Agreement of the Donee in Tail, or of the Tenant for Life or Years, to a Grant of a Reversion or Remainder made by the Donor or Lessor to another; as,  

Where necessary.  Where he that hath an Estate in Reversion or Remainder, after an Estate for Life or Years, doth grant or give the same away; here the Tenant of the Land must give his consent to such Grant or Gift, or else generally the same is not good, and this yielding of consent is called Attornment: See Terms deal Ley, Co. Lit. fol. 309. pl. 25.  
Attornment is either Actual or in Law. 
Twofold.   
Actual 
Actual.  is an expressed consent to the Grant, as before, Lit. 551. Plow. 25. a. 344. a.  
Attornment in Law, 
In Law.  is where the Person that ought to attorn, doth not expressly declare his consent, but doth some other Act, as in Law sufficiently implieth an Agreement; as if a Lease be made for Life or Years, and after he that hath the Reversion or Remainder, granteth the same to his Lessee, who accepteth the Deeds; These and such like be Attornments in Law, West, Symb. Lib. 2. sect. 383.  
To the making good of an Attornment, 
Requisits to make a good Attornment.  where it is requisite divers. Things are required,  
1. It must be made by the Person that ought to make it.  
2. It must be made to the Person that ought to take it.  
3. It must be made in due time.  
4. If it be an express Attornment, the Tenant must have notice of the Grant of the Reversion, etc. to which he must Attorn; but of Attornment in Law, there notice in all Cases is not necessary.  
5. It must be done in such manner as the Law doth prescribe.  
And observe (as before) that it may be made either by Words or Deeds 
By Word or Deed.  without Writing, or by Deed or Writing, and this is the safest way.  

By Word.  And any Word written or spoken by the Tenant, (after he hath knowledge of the Grant of the Reversion) which do import an Assent or Agreement to it, will make a good Attornment in Fact or in Deed; as to say, I do Attorn, or turn Tenant to you according to the Grant, or if he do pay all or any of the Rent, or do any part of the Service, (as before) this is a good express Attornment, and is best of all when it is made by Words, and Deed 
Best by Word and Deed both.  or Sign both, for then the Witnesses will best remember it, Co. Lit. fol. 309, 310, 315. Blow. Com. 344. Landlords Law, p. 127. 128.  

When to be made.  Where Attornment is necessary, it must be made in the Life-time of the Parties Grantor and Grantee, for if either of them die before Attornment be made, the Grant is void; but if the Tenant die before he Attorn, he that hath the Estate may Attorn, and it is good; or if the Tenant grant over his Estate, his Assignee may Attorn, Co. Lit. fol. 315. a. Perkins sect. 231, 263. Lit. Tenors 110. a. Co. Rep. f. 8. Noys Max. p. 64.  
It seems that Attornment is not necessary, 
Where necessary.  but to have Avowry, or an Action of Waste, 2 E. 6. Brook 45.  
Note, 
Where not.  That when no attendency nor payment is to be made by the Tenant, there the thing passes without Attornment, 31 H. 8. Brook 59  
Where Attornment is necessary in Law or in Deed, 
Note.  See Landlords Law p. 129, 130, 131, 132, 133, 134, 135, 136.  
This Attornment must be endorsed on the Deed, or else declared by a Deed, and may be done in this manner:  

Endorsement for one Tenant.  Memorandum, That the within named A. B. being Tenant for Term of Life, etc. (or being present Tenant, etc. as the Case requires) of the Lands, Tenements and Hereditaments, etc. understanding the effect of the within written Grant, thereof made unto the within named C. D. did the _____ day of _____ Anno _____ assent and agree unto the same Grant in every respect as the same is within written, and did therefore Attorn, and for proof thereof did give unto him the said C. D. in the name of Attornment the Sum of 6 d. in the presence of us whose Names are subscribed,  


A. B.  
C. D.  
E. F. etc.    
Or thus, by divers Tenants themselves.  

For divers Tenants.  We whose Names are hereunder subscribed, being the present Tenants, (etc.) of, (etc.) understanding, (etc.) do assent, (etc.) and do therefore Attorn, and in Testimony of such Attornment, each and every of us did give, (etc.) and also have hereunto subscribed our Names the _____ day of _____ Anno Domini, 1688.  
Witness 

A. B.  
C. D.  
E. F.    
Or thus:  
Memorandum, That the Persons whose Names are under written did the _____ day of _____ Anno Domini, 1688. Attorn and become Tenants unto the above named A. B. according to the purport of the Lease within mentioned, 
Notice of the Grant.  having notice of the said Grant, and for proof thereof every one of them did give unto the said A. B. one Penny in the Name of Attornment.  
Witness hereto 

G. H.  
I. K.  
L. M.   Here let the Tenants set their Names, 

A. B.  
C. D.  
E. F.    
It may be endorsed together with the Livery of Seisin 
Indorsed with Livery of Seisin.  to an Attorney thus.  
Memorandum, That Possession and Seisin of the Lands and Tenements within mentioned was taken by, (etc.) and afterwards delivered to the within written S. P. 10. die Junij, Anno Domini 1688. to the use within written. And also the same day (the within named) J. V Tenant of the Premises for the Term of his Life, 
Quere if the Tenant that attorns be named in the Deed, otherwise that Clause to be left out.  did attorn Tenant to the said S. P. according to the Tenor of this present Deed; and the said J. V did give unto the said S. P. one Penny in the name of Attornment, in the presence of  
It may be declared by Deed Poll thus:  

Attornment declared by Deed Poll.  To all People, etc. I A. B. of, etc. send greeting; Whereas I the said A. B. have and hold for the Term of my Life one Tenement with the Appurtenances, lying and being in, (etc.) the Reversion of which said Tenement should belong to one C. D. and being at present satisfied, that the said C. D. hath by his Deed bearing date, etc. granted, bargained, sold and confirmed unto E. F. of, etc. the Reversion of the said Tenement, as by the said Deed may appear.  
Know ye that I the said A. B. Tenant of the said Tenement, of my free will have attorned unto the said E. F. by payment unto him of one Penny in the name thereof, and do by these Presents as much as in me lies, ratify and confirm unto the said E. F. the Reversion aforesaid, In witness, etc. See West, Symb. part 1. Lib. 2. sect. 383, 384, 385, etc.  
Note, A voluntary Attornment where it is needful may be made by an Infant, 
Voluntary Attornment by an Infant.  or one that is Deaf and Dumb may do it by signs; but one that is not Compos mentis cannot make an Attornment, Co. Lit. fol. 315. Co. Rep. fol. 84.  
Note, It must be certain, 
Certainty.  Co. Lit. 310.  
In all Cases for the most part where there is no means provided by Law, to compel the Tenant to attorn; in such Cases Attornment Deed or in Law is not necessary, 
Where it needs not.  as in the grant of a Seignory, etc. by Letters Patents from the King; or where such things are granted by matter of Record from a Subject to the King; but a Seignory, a Rent-charge, a Remainder or a Reversion will not pass without Attornment, but by matter of Record, Co. Lit. 314, 321. Co. 6. Rep. 68 Noys. Max. p. 64.  
Attornment necessary upon a Devise, 
Devise.  Noys. Max. p. 65.  
In all Cases where tho Grant is in the personalty there needs no Attornment, 
Needless.  as in Annuities which do charge the Person only and not the Land: And in all Cases where there is an Attornment in Law, there needs none in Deed, M. 3. Jac. in C. B. agreed in Curnocks Case.  
Noy saith in his Maxims, p. 65. That if the Tenant have true notice of all the Grant, than such Attornment is void: 
Void Attornment.  But quere.  
Common of Pasture for a certain number, or Common of Estovers certain, will pass by Gran● without Attornment; 
Needless.  for where there is no Tenure, Attendance, Remainder, Rent or Service to be paid or done, Attornment is not necessary, 31 H. 8. 59 Kitchen 103. a.  
Note, Attornment is a solemn Act, and aught to be done, 
Time, when it must be done.  so that notice may be taken of it, and therefore Attornment after Sunset is not good, for it shall not be presumed that notice can be taken in the Night, M. 23 Car. 1. in B. R. Registr. practicale, p. 30.   

Concerning Possessions.  
The difference between Possession and Seisin 
Difference of Possession and Seisin.  is,  
A, Lessee for Years is possessed, 
Possession what.  and yet the Lessor is still seized; and therefore the Terms of the Law are, That of Chattels, 
Seisin what.  a Man is possessed, whereas in Feoffments, Gifts in Tail, and Leases for Life, he is called seized, Noys Max. page 20.  

Of Estates.  And note that all Estates that have their being, are in Possession, Reversion, Remainder, or in Right; but of all these, Possession is the principal, Idem, page 119.  
There are two Degrees of Possession; in Law, and Deed.  
In Deed, is the actual Possession; 
Possession in Deed.  In Law, 
In Law.  is that Possession which the Law itself casteth upon a Man before any entry or pernancy of the Profits; 
Example.  As where the Father dieth seized of Lands in Fee, and the same is to descend to the Son as his next Heir; in this Case before any Entry the Son hath a Possession in Law, Ibid. p. 120.  
And so of a Reversion expectant, 
Reversion Expectant, etc.  or a Remainder dependent upon a particular Estate for Life;  

Example.  As if Tenant for Life die, he in Reversion or Remainder before his Entry, hath only a Possession in Law.  
And note, That all manner of Possessions that are not Possessions in Fait or Deed, are only Possessions in Law, Noys Max. p. 120.   

Of a Particular Estate.  
A Particular Estate is such as is derived from a General Estate, 
Defined:  by separation of one from the other, Noys Max. p. 117.  
As an Estate Tail, for Life, or for Years, created by Gift or Grant out of a Fee-simple, is in the Donee or Lessee a particular Estate in Possession, derived and separated from the Fee-simple, Ibid. & similia.  
And of particular Estates, 
Twofold.  some are created by Agreement between the Parties, and some by Act of Law.  
By Agreement, 
By Agreement  as those before specified.  
By Law, 
By Law.  as Estates in Tail after possibility of Issue Extinct, Estates by the Courtesy of England, Dower, etc. for in Dower the Party is compellable by Law to complete the Estate, Ibid.   

Of a Remainder.  

Defined.  A Remainder is the Residue of an Estate, at the same time appointed over, and must be grounded upon some particular Estate given before, granted for Years or Life, and so forth, Noys Max. p. 31.  

When it gins.  And aught to begin in Possession when the particular Estate endeth there may be no mean time between either, by Grant or Will Ibid.  

Where cannot be.  No Remainder can be made o● a Chattel Personal: A Remainder cannot depend on a Matter ex pos● facto, to be done in futuro, as upon Estate Tail, upon Condition tha● if the Tenant in Tail sell, the● the Land to remain to another, is avoid Remainder, Ibid.  
In every Remainder five Thing are requisite, 
Five Things to be observed   
1. That it depend upon som● particular Estate, Ibid. page 123.  
2. That it pass out of th● Grantor, Donor or Lessor, at th● time of the creation of the particular Estate whereon it must depend, Ibid.  
3. That it vest during the particular Estate, or at the instant time of the determination thereof, Ibid.  
4. That when a particular Estate is created, there be a Remnant of an Estate left to the Donor to be given by way of Remainder, Ibid.  
5. That the Person or Body to whom the Remainder be limited, be either capable at the time of Limitation thereof, or else to be thereof capable during the particular Estate, See Noys Max. page 124, 125, 126, 127. where a Remainder taketh effect, and it is void.   

Of Reversion.  
A Reversion, 
Defined.  is the residue of an Estate that is left after some particular Estate granted out, in the Grantor; 
Example.  As if a Man grant Lands for Life, without further granting, the Reversion of the Fee-simple is in the Lessor, Noys Max. p. 32.  
Also it commenceth after a Remainder; 
May commence after Remainder. Example.   
As when he in Fee-simple leaseth for Life to one, or in Tail, he may appoint a Remainder after that Estate, and a third in Fee-simple; for if he doth not dispose of the Fee-simple by way of Remainder, when he maketh the Gift for Life or in Tail, than the Fee-simple resteth in himself as a Reversion, See antea, fol. 5.  

Nota.  Note, That after a Fee-simple, he can limit no further Estate, Ibid.   

Of Fee.  

Defined.  The division of Fee in divers respects are many, but for our present purpose it is sufficient to divide it into two sorts,  
First, Feesimple or absolute.  
Secondly, Fee-Tail or Fee-Conditional  
Fee-simple 
Fee-simple.  is that whereof we are seized to us and our Heirs for ever.  
Fee Tail 
Fee Tail.  is that whereof we are seized to us and our Heirs with Limitation, that is, the Heirs of our Body, See Lit. ca 2. Lib. 1.  
And note, 
Twofold.  That a Fee tail is either General or Special.  
General 
General.  is, where Land is given to a Man and the Heirs of his Body, not naming upon what Woman to be begotten; Therefore if he marry one or more Wives, and have no Issue by them, and again marryeth another by whom he hath Issue, this Issue shall Inherit the Land upon such Grant.  
Special 
Special.  is, when it is certainly set down of whom the Issue shall come; as when Lands are given to a Man, and the Heirs of their two Bodies; Lit. ut supra, and this special Estate is either expressed or implied.  
Expressed 
Expressed.  where it specially limited what Issue shall inherit.  
Implied, 
Implied, as in Frank-marriage.  as where upon Special Tail, either of the Parties die, and have no Issue between them, the surviving Party is improperly called a Tenant in Tail after possibility of Issue extinct, See West, Symb. part 1. Lib. 1. sect. 40.  
Thus I have made good to you, the Subject Matter promised in the Frontispiece, which might have been much enlarged by proper Precedents, but would much have shadowed that Light which hereby is intended.  
Whereto for the Affinity of the Subject, is added a brief Discourse, showing by what ways Property in Goods and Chattels, is or may be gotten.    

CHAP. VI Showing the several ways whereby a Man may get Property in Goods or Chattels.  
Property in Goods and Chattels is gotten ten ways, viz. 

1. By Gift,  
2. By Sale,  
3. By Stealing,  
4. By Waving,  
5. By Straying,  
6. By Wreck of the Sea  
7. By Forfeiture,  
8. By Executorship,  
9 By Administration,  
10. By Legacy.    

Property by Gift.  
The Property of Goods may pass by Gift, 
Property by Gift.  either by Word or Writing. If there be a general Gift made of all his Goods, This is suspicious to be done of Fraud to deceive Creditors.  

Fraudulent Deed of Gift.  And if a Man make a Deed of Gift, being in Debt, to prevent the taking of his Goods in Execution for his Debts, this Deed of Gift is void, 
Void against the Creditors.  as against those to whom he stood indebted; but as against himself, his Executors or Administrators, or any other to whom he afterwards shall sell or convey them, this Gift is good by that Deed, 
Good against the Debtor.  50 E. 3.6. 13 El. 5. 27 El. 4.   

Property by Sale.  

Property by Sale. Bona fide good.  By Sale any Man may convey his own Goods to another; and although he fear Executions for Debt, yet he may sell them for Money at any time before the Execution served, so there be no reservation of Trust between the Parties, as that of paying the Money he may have the Goods again; for that Trust in such a Case doth prove plainly a Fraud to prevent the Creditors from taking the Goods into Execution.  
Note, The Goods are liable to an Execution, so soon as it is delivered to the Sheriff, by a late Act.   

Property by Stealing, etc.  
If a Man steal away Goods, or take them from me in jest, 

Goods stolen or taken in jest.  
Sold in a Market, etc. bars the Owner.   or borrow them of me, or take them as a Trespassor, and not as a Felon, and carry them to a Fair or Market, and there selleth them, this Sale doth bar me of the Property of my Goods, saving that if it be of a Horse, 
2, 3 P. M. 7.  he must be ridden once over in the open Market or Fair, between the Hours of Ten and Sun setting, and to be tolled in the Toll-Book, and the Seller must bring one that will a vouch his Sale, who is known to the Toll-Book Keeper, 
31 Eliz. 12.  or else this Sale bindeth me not.  
And for any Goods where the Sale in Market or Fair shall bar the true Owners (being not the Sellers) of their Property, 
Sale to bar the Owner must be a Market where usually such Things were sold.  it must be a Sale in a Market or Fair, where usually Things of that nature are sold, So that the Buyer know not of the former Property, and do pay Toll and enter it. Plate must be sold at the Goldsmith's Stall, and not in his inner Shop, Noy Max. p 90.  

Examples of Sale.  If a Man steal a Horse, and sell him in Smithfield, as before, the true Owner is barred by the Sale; But if he sell the Horse in Cheapside, or Newgate Market, or Westminster Market, the true Owner is not barred, because those Markets are usually for Herbs, Fishes, and such like, and not for Horses: So whereas by the Custom of London, every Shop is a Market all days of the Week, except Sundays and holidays; yet if a piece of Plate, or Chain of Gold, or Pearl that is stolen or borrowed, be sold in a Draper's Shop, or in a Scriveners, or in any but a Goldsmiths, as before, this Sale bars not the true Owner, and the like.  
Yet by stealing of the Goods only the Thief getteth no such property, but that the Owner may seize them 
Stealing gaineth no absolute Property, But the Owner may seize, etc.  again wheresoever he findeth them, except they have been sold in a Market or Fair after they were stolen, 

Outlary in an Action personal, is a Forfeiture of Goods and Chattels.  
See the Author of the Terms of the Law.   and that bona fide without Fraud; But if the Thief be condemned of the Felony, or outlawed therefore, or outlawed in any personal Action, or any way commit a Forfeiture to the Crown of his Goods, than the true Owner is without remedy.  
These Goods nevertheless (if presently after they were stolen, 
Fresh pursuit of the Felon. Stanf. P l. Cor. Lib. 3. cap. 10 & 12.  the true Owner maketh fresh pursuit after the Thief and Goods, and take the Goods with the Thief) he may take them again; and if he make no fresh pursuit, yet if he prosecute the Felon so far as Justice requireth, that is, 
Idem in his first Book cap. 27. saith, that fresh Suit m●y continue for 7 years.  if he get him indicted and arraigned, and found Guilty, though he be not hanged, or have Judgement of Death, in all those Cases he shall have his Goods again, by Writ of Restitution to the Party in whose custody they be, 21 H. 8.11.   

Property by Waving.  
By waving the property of Goods is thus gotten; 
Property of Goods waived is in the King.  A Thief having stolen Goods, and being pursued flying away, and leaving the Goods in the flying; this leaving is called Waving, and the property is in the King, except the Lord of the Manor by Custom or Charter have right to them; but if that Felon be indicted or judged, or sound Guilty, or Outlawed at the Suit of the Owner of the Goods, he shall have restitution of the Goods by Writ, 
But if the Owner prosecute Restitution will be made.  as before.   

Property by straying of Live Chattels.  

Lord of the Manor hath Estrays after a year and day  By straying the property of stray Cattle is thus gotten; when they come into other men's Grounds, straying away from the Owner, Then the Parties or Lord in whose Grounds or Manor they come, causeth them to be seized, and a With to be put about their Neck, and to be cried in three Markets adjoining, showing the marks of the Cattle, which done, if the true Owner claim not within a Year and a Day, than the property is in the Lord of the Manor, if he have Estrays by Custom or Charter, or else in the King, See Briton cap. 17. See Estrays in the Forest, Anno 27 H. 8. cap. 7.  
Yet if a Man take Beasts as an Estray, 
If the Lord keep the stray three quarters and then lose it, he gains no Property, 12 H. 8.10. Though another Stranger find them.  and keeps them three quarters of a Year, and after that again stray from him, and another happens on them; the first Lord which kept them for three Quarters, cannot take them again, because that he had no property in them till he had kept them a Year and a Day, and Proclamation passed; for the possession of the second Seisor is good against him who hath no property, 33 H. 8. b. Estrays 11.   

Property by Wreck.  
By Wreck of the Sea, the Property is thus gotten: When a Ship laden is cast away on the Coast, so as neither Man, Dog or Cat escape alive out of the Ship to land, 
Property by Wreck, when a Ship sinketh and no living Creature escapeth.  than all those Goods be said to be wrecked, (Westm. prim. cap. 4. Anno 3 Ed. 1.) and they belong to the Crown if they can be found, except the Lord of the Soil adjoining, 
And the Wreck goes to the Crown, unless the Lord of the Soil can prescribe.  can entitle himself by Custom, which we call Prescription, or by the King's Charter.  
But if any of these escape alive the Goods are the Owners still, so he come within a Year and a Day to claim them. 
If any Creature escape, the Goods are the Owners by claiming duly.   
Note, 
Nota.  That Fitzherbert in his Natura Brevium, fol. 112. supposeth that if any of the Goods be cast upon the dry Land by any in the Ship, it is no Wreck, subject to the Prerogative; for by this some of the Ship are presumed to come to land, and still to have a Custody of the Goods, Vide Sir Edward Coke Vol. 6. fol. 107. a.   

Property by Forfeiture.  
By Forfeiture, Goods and Chattels are thus gotten; If the Owner be outlawed; 
Goods forfeited to the Crown by Outlawry.  If he be indicted of Felony or Treason, and be found Guilty of it, or confess it, or refuse to be tried by his Peers, or by Jury; or be attainted by Judgement; or fly for Felony, 
34 H. 8. 4 H. 7. 11. 35 H. 8. 8. 5 E. 6. St. 185. 20 E. 4. 5. 40 E. 3. 42. etc.  although he be found not Guilty; or suffer the Exigent to go forth against him, although he be not outlawed; or if he go beyond the Seas without Licence, in such Cases all the Goods that he had at the time of the Judgement, be forfeited to the Crown, except some by Charter can claim them, 
Unless claimed by Charter.  (as is before in some measure treated of,) for in these Cases Prescription will not serve, unless it be so ancient as it had allowance before Justices of Eyre in their Circuit, or in the King's Bench in ancient time.   

Property by Executorship.  

Property by Executorship where a Man makes a Will, etc.  By Executorship Goods are gotten thus: When a Man possessed of Goods, makes his last Will and Testament in Writing, or by Word, and maketh one or more Executors thereof, 

Note, By a Devise of all Goods, a Rent-Charge for Years will pass.  
Note, Movables, are Horses, Cattle, etc. and Personal Chattels.   those Executors have by such Will, and the Death of that Party, all his Goods, Chattels and Leases for Years, Wardship of the Body and Lands of the Ward in Knight-Service, (but not in Soccage,) Leases for Years, and Rent-Charges for Years, Statutes, Recognizances, Bonds, Lands in Execution, 
Immovables are Corn growing, and Fruit on Trees and Chattels real.  Corn upon the Ground, Gold, Silver, Plate, Jewels, Money, Debts, Cattle, and all other Goods and Chattels of the Testator, (if they be not otherwise devised before,) and the Executor may also give them away by Word or Deed, but not by Will; 

Personal which belong immediately to the Person of a Man; as a Cow, Horse, etc.  
Real not immediately to the Person, or issuing out of some  thing to a Person.   and if he do will omnia Bona & Catalla sua, (all his own Goods and Chattels,) the Goods of the Testator pass not thereby, neither shall they be forfeited by the Executor; and these Executors may meddle with those Goods, and dispose of them before they prove the Will, Blow. Com. fol. 525. Bransbury and Grantham, 24 E. 3. fol. 35. 32 H. 6. 34. 9 E. 4. fol. 33. 47. 7 H. 4. 18. Noys Max. page 103.  
But this Will must be proved, 
21 H. 8. 5. The Will must be proved, or else Administration.  and the Ordinary may convent Executors to prove the Testators Will, and to bring in an Inventory; but if the Executor refuse to prove it, he may commit the Administration of the Goods to the Widow, or next of Kin, or to both, which he pleaseth, making request, and may revoke it again at his pleasure, Noys. Max. 105. 3 H. 7. 14. Plowdens' Commentaries 281.  
An Executor may release before probate 
An Executor may Release before Probate  of the Will or Testament, but cannot have Debt before the Probate, 7 H. 4. 18. Coke 5. part 28. a. Middleton's Case.  
And a Man may be Executor in his own wrong, 
Executor in his own wrong.  as if he meddle with the Goods, and after refuses Probate, 20 H. 7. 5. 21 E. 4. 6. 11 H. 4. 71.  
Or where a Man dieth Intestate, and a strange Person taketh the Goods of the Intestate, and useth them, or sells them, this maketh him an Executor of his own wrong: for when none assumeth to be Executor, nor takes Letters of Administration, 
Where Executor in his own wrong, and where not.  there the using of the Goods is sufficient to charge one as Executor of his own wrong; yet when there is an Executor who proveth the Testament, if in this Case a Stranger take any of the Goods and claim them for his own, this doth not make him an Executor of his own wrong, because there is one lawful, Co. Lit. 5. Reads Case, fol. 33.  
But an Executor of his own wrong, 
Executor of his own wrong cannot pay his own Debts.  ought not to retain Goods in his own Hands to satisfy his own just Debt, (as a real Executor may,) for it is not reasonable that one should take advantage of his own wrong; yet it is clear that all lawful Acts 
Yet his actings to others are lawful.  that such an Executor doth, are good, Idem, fol. 30.  
Note, An Executor cannot assign over his Executorship, Vaughan 182. Bedal and Constable.  
Note, If an Executor release  Probate of the Will, 
Executor releasing before probate takes Administration, that Release shall not bar him.  and afterward take Administration, that Release shall not bar him of an Action notwithstanding, for the right of the Action was not in him at the time of the Release, Coke 5. p. 28.  
If one Executor prove the Will in the name of both, he that doth not Administer, shall not be charged, 
Executor not meddling shall not be charged  Noy 102.  
But if the Executor do once any Action, 
If he do, he is chargeable.  that is proper to ●an Executor, as to receive the Testators Debts, or to give Acquittance for the same, etc. he may not refuse, Ibid.  

Yet he may meddle with their Goods; Feed their Cattle and not be charged. 21 H. 6.28. 20 H. 7.5. 21 E. 4.6.  Yet he may dispose of the Testators Goods about the Funeral, or feed his Cattle lest they perish, or keep his Goods lest they be stolen; These things may every one do without danger, Ibid.  
When Executors do bring an Action, it shall be in all their Names, as well of them as do refuse as others; but an Action against Executors, must be brought against them, 
All the Executors must be named in their Action, otherwise if the Action be brought against them.  or him that doth Administer only, and he which first cometh shall first answer, Ibid. pa. 103. 22 Ed. 3.19. 15 Ed. 3. Exec. 8. 41 Ed. 3. f. 22.  
If the Executor do waste the Goods 
Executor shall not waste the Goods.  of the Testator, he shall pay them of his own, Noys Max. page 104.  
If an Executor take the Goods of another Man amongst the Goods of the Testator, he shall be excused of the taking in Trespass, 
Executor excusable in Trespass.  Ibid.  
Note, An Executor must prove his Will, 
The Will how proved.  as aforesaid, which is thus, They are to exhibit the Will into the Bishop's Court, and bring the Witnesses there to be Sworn, and the Bishop's Officers who do use to keep the Original Will, do certify the Copy thereof in Parchment under the Bishop's Seal of Office, 
See more of Ex●cutors following.  which Parchment so sealed, is called the Will proved.   

Property by Administration.  
Property of Goods by Administration is thus gotten: Where a Man is possessed of Goods dieth without Will, 
Property by Administration where a Man dies without Will.  there such things as Executors should have had, if he had made a Will, 
31 Ed. 1. ca 11.  come to the Administrator, and this Administration is granted by the Bishop, first to the Wife if she require it, or to the Children, 
To the Widow or Children.  or to the next of Kindred, (as is before mentioned;) but if they refuse it (as often they do) because the Debts are greater than the Estate will amount unto; 
Or Creditor. See Noys Max. p. 105.  then some Creditor or other will take it as the Bishop's Officers will think fit. See after how Intestates Goods are to be distributed after Debts paid, Ibid. Stat. 29 Car. 2.  

Westm. 2. Anno 13 Ed. 1. ca 19  In ancient times the Goods of one dying without Will, were committed to the Ordinaries disposition, who was bound to answer the Intestates Debts, so far forth as the Goods would extend; but now otherwise, as before.  
It groweth often in question what Bishop should have the right in proving of Wills, and granting the Administration 
What Bishop shall grant Administration.  of Goods: In which Controversy the Rule 
The Rule.  is this, That if the Party dead, had at his death Goods of some reasonable value, called Bona Notabilia, 
Where Bona Notabilia. Goods in several Dioceses. Then the Archbishop.  in divers Dioceses, than the Archbishop of that Province where he died, is to have the Probate of his Will, and to grant the Administration of his Goods, as the Case falleth out; otherwise the Bishop of the Diocese where he died 
Otherwise the Bishop of the Diocese where he died.  is to do it, by a Canon made 1 Car. 2. Canon 92, 93. Bona Notabilia must amount to five pounds.  
And note, 
That a Testator making a Will, may make as many Executors as he pleaseth, and upon Condition or Limitation.  That a Testator making a Will, may assign as many Executors as he pleaseth, being capable thereof, (west's Symb. part 1. Lib. 21. sect. 637.) upon Condition, or Time; Upon Condition as if a Testator appointeth J. S. his Executor if he find sufficient Sureties for the performance of his Will, before the proving thereof: Upon Time, as if the Testator maketh J. S. his Executor when he cometh to full Age, or when he cometh from London, or while he dwelleth at London, etc. West, Ibid.  
And as these Executors may be so made, simply or upon condition, or with reference to time; so may Legacies and Devices be made to one or more simply, or conditionally, or with reference to or from time;  

Example.  As if a Man devise that 〈◊〉 Man shall have the Occupation of his Plate o● other Chattels during hi● Life, 
But note, That if a Chattel be given to one for Life, the Remainder to another, the Remainder is void; for a Grant or Devise for an hour of a Chattel is good for ever, and the Devisce may dispose of it; but if he do not, the other shall have it.  or for Years, and i● he die within the Years then that they shall remain to M. A and it is good, Noys Max. page 99, 100  

Executor not to meddle during Life of another Executor.  A Man makes A. and B. his Executors, and Wills that B. shall not meddle during the Life of A. and good, for he doth not restrain his entire power; for he may make one Executor of his Goods in D. and so he may divide the time, 
19 H. 8. By Fitz See Dyer. 19 H. 8.  32 H. 8. B. Exec. 155.  
If there be but one Executor made, yet he may refuse the Executorship 
Executor having not meddled may refuse the Executorship.  coming in the Court before the Bishop or his Official, so as he have not before meddled with any of the Goods, or with receiving of Debts, or paying of Legacies; and if there be many, and all refuse, then is the Party ●ead Intestate; and if there be more Executors than one, 
42 El. Co. 9 fol. 36, 37.  yet so many as list may refuse the Executorship, and if any one of them ●ake it upon him, the rest that once did refuse, may notwithstanding take it upon them when they will, Noys Max. page 103. Coke Lit.— 5. fol. 28. cont. 18 E. 2. Bro. 8.37.  
No Executor shall be farther charged with Debts or Legacies, 
How Debts ought to be paid by Executor. Stat. 29 Car. 2. says, No Action to be brought to charge any Executor or Administrator upon any special Promise to answer Damages out of his own Estate, unless the Agreement or some Memorandum thereof in Writing, and signed by the Party to be charged, or some by him lawfully authorised.  than the value of the Goods of the Testators which come to his Hands, ●o that he foresee that he pay Debts of Record first; ●s namely, Debts to the King; then upon Judgements, Statutes, Recognizances; and then Debts for Bonds or Bills sealed, or for Rent unpaid, or Servants Wages, and then Debts due by Shop-Books, and for Contracts by Words; and lastly Legacies, Co. Lit. 5. Reeds Case.  

If Executor or Administrator pay not the Debts in course, they shall be charged. See Went worths Executor. p. 189  For if an Executor or Administrator pay Debts to others before the Debts to the King, and pay Debts upon Bonds before Debts due by Records, or pay Debts upon Shop-Books, or for Contracts before those due upon Bonds, or for Arrearages of Rent, he shall pay the same to others in their Degrees out of his own Goods.  
M. 33 & 34 Eliz. Lady Walsinghams' Case, Noys Max. page 104.  

Debts of equal degree, Executor or Administrator may pay first which he will.  But yet the Law gives them choice; That where divers have Debts due in equal degree of Record or Specialty, he may pay which of them he will before any Suit be brought against him; but if any Suit be brought, 
Exception.  he must first pay him that first getteth Judgement against him, 28 H. 8. Dyer 22. Doct. and Stud. cap. 10. p. 78. 41 E. 3. El. Dyer 232. Co. Intr. 148, 149, 286.  
Any one Executor may convey the Goods, or release Debts without his Companion; any one may do as much as all together, 
One Executor may do as much as all together.  H. 48. E. 4.14, 15.  
But one Man's releasing of Debts, or selling of the Goods, shall not charge 
But one shall not charge the rest.  the other to pay so much of their Goods, as was released or sold by the other, though there be not enough besides.  
But it shall charge the Party himself that did so release, or sell, 
But only himself.  or convey, See Wentworths Executor p. 321. but he must be above seventeen Years old, Hil. 9 Jac. Rot. 87.  
But it is said to be otherwise of Administrators, 
Administrators cannot act alone.  because they have but one joint Authority given them by the Ordinary over the Goods, which Authority being given to many, is to be executed by them all joining together, Sed Quaere, for it is said,  
That the power and charge of an Administrator, is equal in every point to the power and charge of an Executor, 
Power of Administrator equal to Executor.  Noy 106.  
If a Man make an Infant his Executor, the Ordinary may commit the Execution of the Will to the Tutor of the Child, 
Infant Executor must have a Tutor, etc.  for the Child's behoof, until he be of the Age of seventeen Years and no longer, Noy, Ibid.  
An Administrator during the minority of an Infant, may do nothing to the prejudice of the Infant; 
Administrator during minority, must do nothing to the prejudice of the Infant.  not sell the Goods of the deceased, unless it be upon necessity to pay Debts, or that they would Perish; nor let a Lease for a longer time, than whilst he is Adminstrator, Noy, Ibid.  
An Infant upon the true payment of a Debt due to the Testator, may make an Acquittance, 
Infant may make Acquittance.  and it shall be good; for a Child may better his Estate, but not make it worse, Noy, page 107.  
Note, If an Executor die, making an Executor, the second Executor is to be Executor 
Executor of an Executor.  to the first Testator, 25 Ed. 3. Noys Max. p. 103.  
But if an Administrator die Intestate, or make an Executor, yet this Executor or Administrator, 
Executor or Administrator of an Administrator.  shall not be Executor or Administrator to the Intestate.  
But in this Case the Bishop, 
New Administration may be made.  called the Ordinary, is new to commit the Administration of the first Intestates Goods.  
If the Executors or Administrators do pay Debts, 
When Executors or Administrators pay their own Money, they may retain in value.  or Funeral Charges, or Legacies of their own Money, he or they may retain so much of the Goods in kind of the Testator or Intestates again, and shall have property of that in kind, but not of Lands appointed to be sold, 20 H. 7. 5.  
Note, 

Stat. 29 Car. 2. concerning Administrators.  
Note, The Heir though he have been advanced, etc. is to have an equal part with the other Children, notwithstanding, etc.   That by the Statute 22 & 23 Car. 2. The Ordinary is empowered to call Administrators to an account for the Intestates Goods, and what remains clear (after Debts, Funerals, and just Expenses allowed,) is to be distributed as followeth; One part to the Wife of the Intestate, and all the residue by equal Portions to and among the Children of the Intestate, and such Persons as legally represent such Children, other than such Child or Children, who shall have been advanced by the Intestate equal to the share as shall come by such Distribution to the other Children; 
After the Intestates Debts, etc. paid, the Remainder to be distributed to the Wife and Children.  if the distribution amount to more apiece than the advanced Child or Children had, than they must all be made equal; and if no Children, than one Moiety to the Wife, and the other to the next of Kin in equal degree; but not to any Collaterals after Brothers and Sisters Children; If no Wife, 

Exception. If no Wife, all to the Children.  
If no Children to the next of Kin, with some Cautions   then equally to the Children; If no Children, then to the next of Kin in equal degree to the Intestate, and their legal Representatives, as aforesaid, and not otherwise.  
No distribution to be made till after a Year after the Intestates death; and every Person who is to have a share, must give Bond with sufficient Sureties to refund a ratable part of such Debts as shall afterwards be sued for, and recovered, or otherwise duly made to appear, to enable the Administrator to pay them with the Costs, etc. This Act not to prejudice the Custom of London, or other Customs peculiar to other Places, etc. See the Statute.  
And by the Act 29 Car. 2. No Probate, or Letters Testamentary of a Nuncupative Will, 
Probate of a Nuncupative Will.  shall pass the Seal till fourteen days after the Testators death, nor any Nuncupative Will received to be proved till Process first is sued to the Widow, or the next of Kin to call them in, to contest the same if they please; 
The Act not to extend to married Women, but their Husbands may have Administration as before.  And by this Act it is further explained, That the former Act for settling Intestate Estates, shall not extend to Feme Coverts, (Women that are married,) that shall die Intestate; but their Husbands may have Administration, and enjoy their personal Estates, etc. as before.  
And touching all these Matters concerning Executors and Administrators, you may read more largely in the Book called The Office of Executors.   

Property by Legacy  
Is When a Man maketh a Will and Executors, and by that Will giveth a Legacy, 
The Executor must assent to the Legacy.  he to whom such Legacy is so given must have the assent of the Executors, or one of them, to have that his Legacy; yet the property of that Lease or Goods bequeathed unto him, is said to be in him; but he cannot enter and take such Legacy without the assent of the Executors, 
Or the Legatee shall not have it.  or one of them, because the Executors are charged to pay Debts before Legacies; and if they assent to pay Legacies first, they shall pay the value of them to the Creditors out of their own Goods, if there be not otherwise sufficient to pay the Debts, 
Debts must be paid before Legacies.  32 H. 8. 21 E. 4.21. 94 E. 1.90. 37 H. 6.30. 2 H. 6.16.  

What Debts before Legacies.  And this is to be understood of Debts due by Record, or to the King, or upon Bond, or Bill sealed, or for Arrearages of Rents, or for Servants, or Workmen's Wages; and also of Debts by Shop-Book, 
Yel. 55, 56, 57 Owen's Rep. 56. Cro. 1.59. Co. Lit. 53. Dyer 114. 3 Bulst. 235, 236  or by Bills unsealed, or Contracts by Word, for before them the Legacies are not to be paid, for it is now out of question, Co. Lit. 9 fol. 88 b. Doctor and Student Li. 2. cap. 10 and 11. though formerly much controverted.  
'Tis said, If the Executor doubt he shall not have enough to pay every Legacy, he may pay which he will first; 
Executor may pay which Legacy he will first.  but he may not sell a special Legacy of a Lease, or of Goods in Kind to pay a Money Legacy; 
Exception.  but he may sell any Legacy he will to pay Debts if he have not enough besides: Que●e of this.  
Note, If a Man make a Will, 
Will without Executor, how to be proved.  and make no Executor, the Ordinary is to commit the Administration, cum Testamento annexato, (with the Will annexed,) and take Bond of the Administrators to perform the Will, 
See Wentworths Executor, f. 4, 5.  and he is to perform it in such sort as an Executor should have done, if he had been named, Blow. Com. 185.  
And what hath been said concerning Executors, Administrators, etc. shall here suffice, there being several Books now Extant, which treat of the Duty of Executors and Administrators, etc.   
FINIS.   

A Catalogue of some Books Printed for Thomas Basset at the George in Fleetstreet.  
1. THE Great French Dictionary in two Parts; the first French and English, the second English and French, according to the Ancient and Modern Orthography. Folio.  
2. A New French Grammar or a New Method for learning of the French Tongue: To which is added, for a help to young beginners, a large Vocabulary, and a store of familiar Dialogues, in 8vo.  
3. Novel Method pour appendre l'Anglois avecune Nomenclatur & Francoise & Angloise, 8vo.  
4. The Grounds of the French Tongue; or a New French Grammar according to the present use and Modern Orthography, digested into a short Essay, and accurate Method, with a Vocabulary and Dialogues, 8vo.  
5. A short and easy French Grammar, fitted for all sorts of ●●●●●rs, according to the present Use and Modern Orthography of the French, with Reflections upon the ancient use thereof, 8vo.  
6. The present State of Denmark, 8vo.  
7. A short Dictionary French and English; and another English and French, the Third Edition. These seven written by Gay Meege, Gent.  
The Theatre of the Empire of Great-Britain, presenting an exact Geography of the Kingdom of England, Scotland, Ireland and the Isles adjoining: as also the Shires, Hundreds Cities, and Shire-Towns within the Kingdom of England and Principality of Wales: with a Chronology of the Civil Wars in England, Wales and Ireland; together with a Prospect of the famous Ports in the World; (viz.) Asia, Africa, Europe, America, with these Empires and Kingdoms therein contained, (viz.) Grecia, Roman Empire, Germany, Bohemia, France, Belgia, Spain, Italy, Hungary, Denmark, Poland, Persia, Turkish Empire, Kingdom of China, Tartary, Summer Islands, etc. by John Speed, Folio.  
Le Beau Pledeur: A Book of Entries, containing Declarations, Informations and other select and approved Plead, by Sir Humphrey Winch Knight, sometime one of the Justices of the Court of Common-Pleas, Folio.  
The History of the Romish Treasons and Usurpations, the second Edition, by Henry Foulis, B. D.  
The History of the World in five Books, by Sir Walter Raleigh Knt. whereunto is added in this Edition, the Life and Trial of the Author, Folio.  
Tracts written by John Selden of the Inner-Temple Esquire, the first Entitled, Jani Anglorum Facies altera, rendered into English with large Notes thereupon, by Redman Westcot Gent. The second, England's Epinomis. The third, of the Original of Ecclesiastical Jurisdictions of Testaments. The fourth, of the Disposition or Administration of Intestates Goods, Folio.  
A General Chronological History of France, beginning before the Reign of King Pharamont, and ending with the Reign of King Henry the Fourth, by the Sieur de Mez●ray, Historiographer of France, translated by Jonh Bulteel Gent. Folio.  
Les Reports des tres Honourable Edward Seigneur Littleton Baron de Mounstow, Custos de le Grand Seal, Folio.  
Catalogue of Common and Statute Law Books  
Grotius his three Books of War and Peace; Englished by William Euats B. D. Folio.  
Formulae bene placitandi: A Book of Entries containing variety of choice Precedents, by Will. Brown, Folio.  
Lord Bridgman's Conveyances, the second Edition with large Additions. Folio.  
The Ten Volumes of Year Books with new References, Folio.  
Officina Brevium: A Book containing Forms of Writs. Folio.  
Thesaurus Brevium; the second Edition. Folio.  
Chaucer's Works. Folio.  
History of the Seven Champions. 4 to.  
Callis' Reading on Sewers, the second Edition enlarged, 4 to.  
Sheppard's Grand Abridgement, in 4 to.  
The Complete Planter and Cyderist, the Art of Pruning Trees, 8vo.  
Poems on several occasions, by Charles Cotton Esquire, 8vo.  
Doctor Salmon's new Dispensatory, 8vo.  
Doron Medicum, 8vo.  
Art to know Men, 8vo.  
Sandys Christ's Passion: A Tragedy, with Annotations and Sculptures, 8vo.  
— Europae Speculum, 8vo.  
Ogleby's Aesop's Fables, 8vo.  
Young Clerks Guide in Four Parts, 8vo.  
Complete Solicitor Entering Clerk and Attorney, 8vo.  
Pettus, of the Constitution of Parliaments, 8vo.  
A new Book of Instruments, 8vo.  
Brown, of Fines and Recoveries, 8vo.  
Epitome of Doctor Willis his Works in English, 8vo.  
The Young Clerks Tutor Enlarged. 8vo.  
The Anglers Vade Mecum: Or a Compendious Discourse of Angling, by James Chetham Esquire; the second Edition illustrated with Sculptures and very much enlarged, 8vo.  
Gesta Romanorum, 8vo.  
Davenport's Abridgement of Cook on Littleton, 12ves.  
Shipton's Pharmocopoeia, 12ves.  
Doctor Salmon English Herbal with Cutts, Folio.  
Stanlys' Lives of the Philosophers, or History of Philosophy. Folio.  
Knoll's Turkish History with Sir Paul Rycaut's Continuation to 1677. and from thence continued to the taking of Buda, Folio.  
Register of Writs with Theloals Digest of Writs, with new Additions, Folio.  
Legis Series: Or the Process of Law in order, with some Entries both in King's Bench and Common Pleas; useful for young Clerks to direct them in their first steps to Clerkship, per R.G. Gent. price 6 d.  
An Essay concerning Humane Understanding in Four Books, by Mr. John Lock, Folio.  
Ben. Johnson's Works, Folio.