his heirs and assigns by these presents in manner following, (that is to say,) that it shall and may be lawful to and for the said H. H., his heirs and assigns, from time to time and at all times for ever hereafter peaceably and quietly to have, hold and enjoy the freehold and inheritance of all and singular the said lands, hereditaments and premises mentioned or intended to be hereby enfranchised, limited and appointed, granted, released or otherwise assured, with their appurtenances, for his and their own proper use and benefit, without any lawful let, suit, trouble, molestation, eviction, ejection, interruption or disturbance whatsoever, of, from or by the said E. F. or his heirs, or any person or persons lawfully or equitably and rightfully claiming or to claim by, from, under or in trust for him or them; and that, free and clear and freed and absolutely acquitted, exonerated and discharged, or otherwise by the said E. F., his heirs, executors and administrators, well and effectually saved, defended, kept harmless and indemnified of, from and against all former and other gifts, grants, bargains, sales, leases, mortgages, rents, jointures, dowers, settlements, uses, trusts, wills, intails, statutes, recognizances, judgments, extents, executions, and all other estates, titles, troubles, charges and incumbrances whatsoever, had, made, done, committed, executed, or wittingly suffered or consented unto by the said E. F., or any person or persons claiming by, from, through, under or in trust for him, or by or through his or their acts, means, default, privity, consent or procurement: And further that the said E. F. and his heirs, and all and every persons and person having or lawfully or equitably claiming or to claim any estate, right, title, trust or interest in, to or out of the aforesaid manor of by, from, through, under or in trust for him or them, shall and will from time to time and at all times hereafter, upon the reasonable request and at the proper costs and charges in the law of the said H. H., his heirs or assigns, make, do and execute, or cause and procure to be made, done and executed, all and every such further and other acts, deeds, conveyances and assurances in the law whatsoever, for the further, better and more perfectly and absolutely enfranchising all and singular the said lands, hereditaments and premises hereinbefore enfranchised, limited and appointed, granted, released or otherwise assured or intended so to be, with their appurtenances, as by the said H. H., his heirs or assigns, or his or their counsel learned in the law, shall be lawfully and reasonably devised or advised and required: And lastly, that he the said E. F., his heirs or assigns, shall and will from time to time and at all times hereafter, upon reasonable notice, and at the request, costs and charges of the said H. H., his heirs or assigns, (unless prevented by fire or other inevitable accident,) produce and show forth or cause and procure to be produced and shown forth unto him or them, or to his or their counsel, attornies, solicitors or agents, or in any court or courts of law or equity, or upon any motion, petition, examination, commission, trial, or hearing, or otherwise, as occasion shall require, all or any of the deeds, evidences and writings specified in the schedule hereunder written, for the manifesting, evidencing, maintaining, defending and proving the title, estate, right, interest, property and possession of the said H. H., his heirs and assigns, in and to the freehold and inheritance of the said lands, hereditaments and premises hereinbefore described and mentioned, or intended to be hereby enfranchised, limited and appointed, granted, released or otherwise assured or any of them: Provided always and it is hereby agreed and declared by and between the said H. H. and the said E. F., that in case the said E. F., his heirs, executors or administrators, shall at his or their costs and charges at any time hereafter procure the person or persons for the time being intitled to the custody of the aforesaid deeds, evidences and writings, to enter into a deed of covenant with the said H. H., his heirs and assigns, of the like tenor and import as the covenant last hereinbefore contained, and shall deliver over the same deed of covenant unto him the said H. H., his heirs or assigns, then and in such case the said last hereinbefore mentioned covenant shall cease, determine and be void to all intents and purposes whatsoever. In witness &c. (The Schedule above referred to.) (Deed of disposition of a contingent interest in copyholds under This indenture made &c., between A. B. [vendor] of &c., of the one part, and C. D. [purchaser] of &c., of the other part: Whereas [recite such facts as will show the vendor's title to the interest disposed of]: And whereas the said C. D. hath contracted and agreed with the said A. B. for the absolute purchase of the contingent interest of him the said A. B. in and to the said customary or copyhold hereditaments and premises hereinbefore described, and the inheritance thereof, according to the custom of the said manor of free from incumbrances, except the accustomed rents, fines, heriots, duties and services payable and to be performed in respect thereof, for the sum of £: Now this indenture witnesseth that in pursuance of the said contract and agreement, and in consideration of the sum of £- to the said A. B. in hand paid by the said C. D. at or before the sealing and delivery hereof, the receipt of which said sum of £the said A. B. doth hereby acknowledge, and from the same doth release and for ever discharge the said C. D., his heirs, executors, administrators and assigns, he the said A. B., in pursuance of the power contained in an act of parliament passed in the eighth and ninth years of the reign of her present majesty, intituled "An Act to amend the Law of Real Property," doth by this deed grant and dispose of unto the said C. D., his heirs and assigns, All that the contingent interest of him the said A. B. in and to All [parcels], and in and to all the rights, members and appurtenances to the said customary or copyhold hereditaments (g) See extracts from the act in the appendix, and ante, pt. 1, p. 137 et seq. Such variations in the following precedent as circumstances may require will readily suggest themselves. If the parties dis posing are husband and wife claiming in her right, the deed must be acknowledged by her in the mode prescribed by the act for the abolition of fines and recoveries. and premises belonging or in anywise appertaining; and all the estate, right, title, interest, power, claim and demand whatsoever of him the said A. B., in, to or out of the same hereditaments and premises and every part thereof: to have and to hold the said interest and other the premises hereby granted and disposed of or intended so to be, with the appurtenances, unto the said C. D. and his heirs, to the use of the said C. D., his heirs and assigns for ever. [Covenants by A. B. that he has right to grant and dispose of the interest in question, free from incumbrances and for further assurance.] In witness &c. EXTRACTS FROM VARIOUS ACTS OF PARLIAMENT RELATING TO 1 RIC. III. c. 4 (a). "Of what credit and estate those jurors must be which shall be impanelled in the sheriff's turn." This statute, after noticing that great inconvenience and perjuries daily happened "by untrue verdicts given in inquisitions and inquiries before sheriffs in their turns," enacted that no bailiff nor other officer should from thenceforth return or impanel any such person in any shire of England to be taken or put in or upon any such inquiry in any of the said turns, but such as were of good name and fame, and had lands and tenements of freehold within the same shires to the yearly value of 20s. at the least, or else lands and tenements holden by custom of manor, commonly called copyhold, within the said shires, to the yearly value of 26s. 8d. over all charges at the least. 1 EDW. VI. c. 14. "The act for chantries collegiate.” This statute gives to the king all colleges, chantries, &c., in esse within five years before the first day of the then present parliament, and not then in the king's possession nor within the exception of the same statute or of the act of 37 Hen. 8, c. 4: and all manors, &c., belonging thereto, and all manors, &c., appointed to the finding of any priest to have continuance for ever. Sect. 39. "Provided always that this act nor anything therein contained shall in anywise extend to any lands, tenements, possessions or hereditaments whatsoever, that any master, dean, prebendary, warden or chantry, or any stipendiary priest of any college, chantry, prebend, fraternity, guild or any other corporations, have or held of any person or persons by copy of court roll or at will, according to the custom of any manor or manors, nor give or grant any copyhold lands to the king's highness." Sect. 40. "And also provided that the king's highness, his heirs or succes (a) See Co. Cop. s. 52, Tr. 120. sors shall not in anywise have, hold, enjoy or take by virtue of this act or any article therein contained any manner of copyhold lands, tenements, possessions or hereditaments, whatsoever they be; but that all and every the said persons and incumbents shall have, hold and enjoy the same during their lives towards their pension and yearly living, paying their rents and doing their customs and services thereof due and accustomed; anything in this act to the contrary notwithstanding." 2 & 3 Edw. VI. c. 8. "An act for finding of offices before escheators." "Where many and divers persons holding or that have holden lands, tenements or hereditaments, some for term of years and some by copy of court roll, have been expulsed and put out of their terms and holds by reason of inquisitions or offices founden before escheators, commissioners and others, containing tenures of the king in capite (b), intituling the king to the wardship or custody of such lands or tenements, and sometime intituling the king to the same upon attainders of treason, felony or otherwise, by reason that such leases for term of years or interest by copy of court roll of such persons have not been found in such inquisitions or offices: after which expulsion or putting out the said persons have been without remedy for the obtaining of the said fermes and holds during the king's possession therein; and can have no traverse, monstrans de droit, nor other remedy for the same, because their said interest is but a chattel in the law, or a customary hold, and no estate of freehold : Sect. 2. "And also where any person or persons hath any rent, common office, fee or other profit apprendre of an estate of freehold, or for years or otherwise out of such lands or tenements specified in such offices or inquisitions, the said rent, common office, fee or profit apprendre not found in the same office or offices, such persons are in like manner without remedy to obtain or have the said rent, common, office, fee or profit apprendre by any traverse or other speedy mean, without great and excessive charges, during the king's interest therein by force of such inquisition or office:" Sect. 3. "For remedy whereof be it enacted by authority of this present parliament, that where any such office or inquisition is or shall be founden, omitting such titles, interests or matters as aforesaid, that in all such cases every lessee, tenant for term of years, or copyholder, and every such person or persons that have or shall have any interest to any rent, common or profit apprendre for term of years, life or otherwise out of any of the lands, tenements or hereditaments contained in such office or inquisition where the king, his heirs or successors is or shall be intituled as is aforesaid to any such lands, tenements or hereditaments, shall have, hold, enjoy and perceive all and every their leases and interests for term of years, or by (b) See 12 Car. II. c. 24, reducing all tenures to free and common socage, except only tenure by copy of court roll and otherwise as mentioned, ante, pt. 2, p. 567, pt. 3, p. 610 et seq. |