Arcana clericalia, or, The mysteries of clarkship being a sure way of setling estates by [brace] deeds, fines, and recoveries : with the forms of all manner of charter-parties in maritime cities, towns and corporations : with a table of all the principle matters therein contained / by George Billinghurst ...

An ANALYSIS of the whole Art of Conveyancing.

Deeds

• are either
  • Indented, of
    • two parts
    • three parts
    • or more.
  • or Poll in
    • 1st Person or
    • 3d Person.
  And consists of
  • Grants, which are
    • Constitutive or Creating what was not before, as The first Grant of
      • A Way
      • A Rent
      • Estate
        • Tayl
        • for life
        • for years Warran∣ty, &c.
      And are
      • Abso∣lute
      • or
      • Condi∣tional.
    • or Conveying, whereby Estates already made are convey∣ed to others.
  • or Discharges and are
    • Remissory or
    • Liberatory
    which releaseth or dis∣chargeth something in being, as
    • Releases,
    • Defeazances,
    • Acquittances.

Ordinary Deeds by which Lands usually pass,

• are
  • Feoffment,
  • Bargain and Sale,
  • Gift or Grant,
  • Lease,
  • Assignment,
  • Exchange,
  • Surrender,
  • Confirmation,
  • Release,
  • Indenture to lead uses of Fines or Re∣coveries,
  • Covenant to stand seized to uses,
  • Revocation and new De∣claration.
  All, or most of which have formal and orderly parts, viz.
  • 1. The Premisses unto the Habendum, including
    • 1. Grantor,
    • 2. Grantee,
    • 3. Thing granted.
      • By apt and proper Names and de∣scriptions.
        • Which are certain in them∣selves,
        • or
        • Which by reference may be reduced to a certainty.
    • 4. Exce∣ption by the words.
      • Excepted,
      • Excepting,
      • Besides,
      • Saving,
      • Save only, &c.
      Which must be
      • 1. A Particular out of a Ge∣neral,
      • 2. Part of what is granted, not all,
      • 3. That which may be seve∣red from the thing gran∣ted, and not an inseparable incident thereto.
    • 5. Recital of something antecedent.

• ...
  • 2. The Habendum, whose office is to set down,
    • 1. The Grantee, and
    • 2. Certainty of Thing, Estate and Life granted, and to what use.
  • 3. The Reddendum, which reserves some new thing to the Grantor, &c. And is usually made by the words,
    • Yielding,
    • Paying,
    • Doing,
    • Reserving,
    • Finding, &c.
    And
    • reserves what was not before. or
    • Abridges the Tenure of what was before.
  • 4. Warranty.
  • 5. The Covenants containing the terms of Granting and Holding, being either
    • Real, or
    • Personal,
    And
    • Inherent, or
    • Collateral,
    And must contain things to be done,
    • Lawful,
    • and Possible.

• ...
  • 6. The Con∣ditions, which are
    • Precedent, or
    • Subsequent.
    To the E∣state, and are
    • Affirmative,
    • Negative,
    • Collateral,
    • Inherent,
    • Restrictive,
    • Compulsory,
    • Single,
    • Copulative,
    • Disjunctive.
    And
    • make the Estate where∣to they are annexed
      • Void without, or
      • Voidable by
        • Entry, or
        • Claim.
    • Or tend to
      • make and en∣large, or
      • destroy or Clogg
      Estates.
  • 7. The Conclusion.

To the making of a good Deed

• are required,
  • 1. Legible and formal Writing in
    • Paper, or
    • Parchment
    before Sealing and Delivery.
  • 2. Capable Per∣sons not disa∣bled by Law; as
    • Donors that are
      • Persons attainted of
        • Treason,
        • Felony,
        • Premunire.
      • Infants,
      • Madmen,
      • Idiots,
      • Femes Covert,
      • Aliens,
      • Deaf, blind, and dumb from Na∣tivity.
      Except in several special cases and things.
    • Donees, as
      • Monks,
      • Fryers, &c.
    • 3. A thing to be granted and passed.

• ...
  • ...
    • 4. By proper and sufficient Names and descriptions of
      • 1. Grantor,
      • 2. Grantee,
      • 3. Thing Granted,
      Which must be grant∣able
      • In its own Nature, and
      • And by him that grants it.
      And is ei∣ther ☞
      • Corporeal and Immovable, as
        • Houses,
        • Lands,
        • Woods, &c.
        And are grant∣able in
        • Fee,
        • Tayl,
        • for Life,
        • Years, &c.
        And assignable from man to man.
      • Or Incorpo∣real, as
        • Rents,
        • Services,
        • Advowsons
        • Presentations,
        • Reversions,
        • Remainders,
        • Offices,
        • Licenses,
        • Franchises,
        • Commons, &c.
        Whereof some are
        • 1. Grantable at their first Creation, but not assignable after: as
          • Great Offices of Trust,
          • Judicial Offices,
          • Licenses,
          • Authorities, &c.
        • 2. Assignable always.
        • 3. Intirely, but not in part.
        • 4. Intirely, or in part.
        • 5. To any Body.
        • 6. But to special Persons.
        • 7. Somethings incident to others, not grantable without the things to which they are incident.
      • Or Chattels, either
        • Real, as Leases for years present, or to come, Extent, &c. or
        • Personal, as Oxen, Horses, Plate, &c.
    • 5. True Reading or declaring to a blind or illiterate Person, if required.
    • 6. Sealing and Delivery by the maker or his Authority,
      • Absolutely and positively to, or to the use of the Party, or
      • Conditional, and as an Escrow to another.
    • 7. To an honest end, and not by unlawful Contract, or made by
      • Force, or
      • Fraud.
    • 8. Due Ceremony; as
      • Attornment,
      • Livery of Seisin,
      • Intolment.

A Deed when well made, read, sealed and deli∣vered, may be void or voidable when got

• by
  • Force,
  • Fraud,
  • Corrupt agreement.
  Or may be mar'd by
  • Rasure,
  • Interlining,
  • Addition,
  • Breaking the Seal,
  • Defacing,
  • Judgment of Court, &c.