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 ...

A Table of the several Chap∣ters and Sections contained in this Book.

• CHAP. 1. Observations touching Conveyances in general, Sect. 1, 2, 3, 4, 5, 6, 7, 8, 9.
• Chap. 2. The forms of setting forth the Grounds and Considerations of a Conveyance or Settlement, &c.
  • Money in part paid, and in part secured, Sect. 1. Bar∣ring an Estate Tayl, Sect. 2. Natural life, Preferment of Children, Sect. 3, 4. Settlement on collateral Heirs, Sect. 5. A Marriage to be had, and settlement of a Joynture, Sect. 6, 7. Performance of an Agreement, Sect. 8. Payment of Debts, Sect. 9.
• Chap. 3. Containing several Covenants. To levy a Fine by Husband and Wife, Sect. 1, 2. By several Persons severally interessed, Sect. 3. In the County of Lanca∣ster, Sect. 4. Of Chester and Lancaster, Sect. 5. In an∣cient Demesn Court, Sect. 6. With a Render for years, Sect. 7. With Render of a Rent, Sect. 8. A Fine sur concessit, Sect. 9.
  • To sue forth a Recovery, with double Voucher, Tenant of the Precipe being made by Fine, Sect. 10. By Bar∣gain and Sale, Sect. 12, 13, 14. A Recovery of Lands in several Counties, Sect. 15. A Recovery in London, Sect. 20. In ancient Demesn Court, Sect. 21. A Reco∣very with single Voucher, Sect. 16, 17. By a Man and his Wife, Sect. 18. By Tenant for life, and be in Re∣version, Sect. 19.

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  • To make Assurance of Lands, Sect. 23. That Tenants shall Attorn, Sect. 24. To produce Writings in defence of the Title, Sect. 25. To pay back Purchase-money up∣on Eviction, Sect. 26. To pay back the Purchase-money paid, in case the Purchaser dislike, &c. and if he like, then to pay more, Sect. 27. Not to claim Dower, with a Release of Dower, Sect. 28. The form of Covenants, joyntly and severally, Sect. 29. By Baron and Feme, Sect. 30.
• Chap. 4. Provisoes to make void Estates.
  • Ʋpon Non-payment of Purchase-money, Sect. 1. Ʋpon discharge of a Surety, Sect. 2, 3. To make void a Rent-Charge upon payment of money, Sect. 4. To abate part of an Annuity upon money paid, Sect. 5.
• Chap. 5. The forms of introducing Ʋses upon Fines, Re∣coveries, and other Conveyances.
  • Ʋpon a Fine to be levied, Sect. 1, 2, 3. Ʋpon a Fine al∣ready levied, Sect. 4. Ʋpon a Recovery to be had, Sect. 5, 6, 12. Ʋpon a Recovery already had, Sect. 7, 8, 10, 11, 12, 13, 14. A Release of Errors in the Reco∣very, Sect. 9.
  • Ʋpon a Fine and Recovery to be had, the Fine being of one thing, the Recovery of another, Sect. 15, 16. The like upon Fine and Recovery already had, Sect. 17.
  • Ʋpon a Fine, Recovery, and other Conveyances to be had, Sect. 18. Ʋpon a Feoffment past and executed, Sect. 20, 24. Ʋpon a Covenant to stand seised, Sect. 21. Ʋpon a Bargain and Sale, and Grant of the Reversi∣on, Sect. 22.
• Chap. 6. The several forms of indorsing Livery and At∣tornment, Sect. 1, 2, 3, 4, 5, 6, 7. Form of Attornment by Deed, Sect. 8.

• Chap. 7. The several forms of limitation of Ʋses.
  • For Life: For Lives of Husband and Wife, and longer liver, Sect. 1.
  • To Husband for life, after to Wife for life for a Joyn∣ture, Sect. 2. With Proviso to make the limitation to her void upon her claim of other Lands, Sect. 3. Ʋpon parting with her Estate, Sect. 4. For years. Ʋse for years determinable upon life, Sect. 5. Ʋse for years to pay Daughters Portions, Sect. 15.
  • In Tayl, to 1, 2, 3, &c. Sons, in remainder after an E∣state for life, remainder to all other Sons in Tayl, ac∣cording to seigniority, &c. Sect. 6. Another to Sons al∣ready born, by name, in Tayl, with like remainder, Sect. 7. To the Father for life, remainder to Son for life, remainder to Sons Wife for life, in satisfaction of Dower, ▪the remainder to their 1, 2, 3, &c. Sons in Tayl, remainder to the several Sons of the Grandfa∣ther in Tayl, remainder to the Heirs of the Body of the Grandfather, remainder to Grandfathers right Heirs, with a Proviso to preserve Estates in Tayl to Chil∣dren, en ventre sa mere, Sect. 8, 9. To the use of A. B. and Heirs Males of his Body, remainder to C. B. his Brother, and Heirs Males of his Body, with like re∣mainders to his other Brothers, remainder to the right Heirs of A. B. Sect. 10. Other limitations in Tayl, with remainder to the Heirs Males of the Body of Feoffors Father, remainder to the Heirs Males of the Body of Feoffors Grandfather, remainder to the right Heirs of the Feoffor, Sect. 11. An Ʋse to the Heirs of the Body of the Wife by the Husband begotten, with remainder over to the Husband, Sect. 13.
  • In Fee determinable upon a Marriage had, Sect. 12.

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  • An Ʋse limited to one, until the Heir in Tail come to full age, in case the Father die while he is within age, and after to the Heir, Sect. 13. Another with direction for disposing the Profits in the mean time, Sect. 14.
  • The form of a limitation to preserve contingent Ʋses, in case the particular Estate determine before they come in Esse, Sect. 15. Contingent Ʋses, Sect. 16.
• Chap. 8. Power given to cestuy que Use for life, to make Joyntures, Leases, &c.
  • To make Joyntures to future Wives, Sect. 1, 2, 3, 4, 5, 6. To settle Lands in certain upon a future Wife for life, reserving a Rent, Sect. 7. The like of a third part, without Reservation, Sect. 8. Provision made for fu∣ture Wives, by way of limitation of Ʋse, Sect. 9.
  • To make Leases for lives, or years determinable upon lives, or for 21 years, with or without reservation of Rent, Sect. 10. To make Leases for such Terms, and un∣der such Rent as Lessor pleaseth, Sect. 15. For cestuy que Use for life, or his Issue-male to make Leases, so as they be not without impeachment of waste, and that the present Rent be reserved, Sect. 11. Like power for them to make Joyntures, Sect. 12. To Lease the Lands setled on the Wife for a Joynture, at a Rent mentio∣ned in the Schedule, the Wife being made party, Sect. 13. Another to make Leases, so as Wife be party, Sect. 14, 16. To make Leases at the ancient Rents, chargable nevertheless with the Rents before in the Deed limited, Sect. 17. Power to two cestuy que Uses for life, to make Leases successively, Sect. 19. A Ʋse li∣mited briefly to such persons, to whom cestuy que Use for life shall make Leases, Sect. 20, 21.
• Chap. 9. Rents, Annuities and Portions, assured out of the limitation of Ʋses.

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  • An Annuity for charitable Ʋses, Sect. 1, 2. Another of a Rent for life, with Clause of Distress, and a limita∣tion of the Land unto the Party, upon failer of pay∣ment of the Rent, Sect. 3, 4, 5, 6, 7. A limitation of the Land to several Ʋses, chargable with the Rents af∣ter mentioned, and after, the Rents are appointed with power to distrain, Sect. 8, 9.
  • Portions for Daughters to be raised out of Leases made by cestuy que Use for life, according to power given him, Sect. 10. A Ʋse for years limited to Cogni∣zees to pay Portions, with directions over if Daugh∣ters die, Sect. 11, 12, 19. Money yearly to be allowed to the Daughters until Portions paid, Sect. 13. A limi∣tation for years to be void if Feoffor die without Daughters, or after Portions paid, Sect. 14, 15. A li∣mitation to Daughters (for want of Issue-male) to be void upon Portions paid, or secured by him in the next remainder, Sect. 16, 17. Daughters Portions to be raised out of a Rent-Charge, with cestuy que Use for life, hath power given him to grant, Sect. 18, 19, 20, 21.
• Chap. 10. Provision taken for payment of Debts, Lega∣cies, &c. in the limitation of Ʋses.
  • A limitation for years to the Cognizees, for payment of Cognizors Debts, discharge of Sureties, payment of Annuities to Servants, and then to surrender the Estate, Sect. 1. A limitation to Cognizees and their Heirs, for payment of Cognizors Debts (by sale) and discharge of Sureties, and to restore the overplus, &c. but if next Heir pay the Debts, &c. within a year, then the Cognizees to convey to him, Sect. ••. To make sale and pay Debts mentioned in a Schedule, with direction for the overplus, and Cognizor to enjoy until

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  • sale, Sect. 3. A limitation after Cognizors death, to Cognizors Executors for years to pay Debts, &c. Sect. 4. For performance of Cognizors Will, Sect. 5. A Ʋse limited to such persons as Cognizor shall appoint to pay a sum in certain, Sect. 6.
• Chap. 11. The form of alteration of Ʋses upon Acts done.
  • Ʋpon setling other Lands on Cognizors Wife, the Ʋse limited to her to cease, with a limitation over, S. 2. A Ʋse altered and limited to a person, to whom a Rent is appointed upon default of payment, S. 3, 4, 5. A Ʋse made void, and a limitation over, if cestuy que Use marry without Fathers consent, S. 6, 7, 8. A limitation to the Wife to cease, and a limitation▪ o∣ver, upon her claiming of Dower, S. 9, 10. A Ʋse al∣tered upon Non-payment of a sum in gross, S. 11, 12, 13, 14, 15. To alter a Ʋse upon payment back of a Marriage-Portion, in case the Marriage take none ef∣fect, S. 16.
• Chap. 12. Power given to Revoke Ʋses, and limit new. S. 1, 2, 3, 4. To Revoke Ʋses, with exception of Leases to be made by force of a power given in the same Deed, S. 5, 9. To Revoke old Ʋses and limit new, as to parti∣cular persons, S. 6, 7. Another, as to one particular Mannor, S. 10. To Revoke old Ʋses and limit new, with consent of Cognizees, S. 8.
• Chap. 13. The forms of Deeds of Revocation, and limi∣tation of new Ʋses.
  • A short form, S. 1. Another with recital of the power of Revocation, S. 2, 3. Another with a Feoffment added, S. 4. Another of a Ʋse setled by Covenant to stand seised, S. 5. Another pursuant to power given upon ha∣ving of Issue, S. 6.

• Chap. 14. The several forms of settlements of Estates.
  • By Covenant to levy a Fine, and declaration of Ʋses, with power to make Joyntures, grant Rents, and make Leases, S. 1, 2, 3, 4, 5. Another by Ʋses declared upon a Fine and Recovery, with provision for pay∣ment of Debts, S. 6. Another by declaration of Ʋses of a Recovery, as to several Mannors severally, S. 7, 8. The Ʋse of a Recovery for life, with remainders over in Tail, S. 9. Ʋse of a Mannor in Trust to be sold, and Ap∣pointment for the disposition of the money, S. 10. Pro∣viso to make void a particular Ʋse, upon payment of money, and a limitation over, S. 11. Another to give power to make Leases of a particular Mannor to pay Portions, S. 13.
• Chap. 15. The forms of several Covenants, used upon settlements of Estates to Ʋses.
  • To stand seised to the Ʋses before-mentioned, in case the Conveyance prove deficient, S. 1, 2. That he is own∣er and hath power to settle, S. 3, 4, 5. That the thing is free from incumbrances, S. 6, 7, 8. To enjoy, S. 9, 10. Not to do any Act to impeach the settlement, S. 11. For further Assurance, S. 12, 13. For settlement of Lands to be purchased, S. 14. To permit Lands to descend, S. 15.
• Chap. 16. The several forms of Joyntures, before and af∣ter Marriage.
  • Before Marriage, mutual Covenants that each party shall marry the other, S. 1. A Joynture by way of Cove∣nant to stand seised to Ʋses, S. 2. Another by Covenant to levy a Fine to Ʋses, S. 3. Ʋses upon a Fine, to the end that the young pair shall receive a Rent, during Fathers life, S. 4. And a limitation of a Ʋse after, as

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  • to the Mannors, Lands, &c. S. 5. With a Proviso to cease a limitation to Daughters, upon Portions paid, S. 6. Another upon Marriage with a Widow, with se∣veral Covenants relating to the Widows Children, and power given to her to make a Will, S. 7, 8. 9, 10, 11, 12. A Rent limited to the intended Wife in satis∣faction of Dower, with a limitation over of the use of the Lands, S. 19, 20.
  • After Marriage, by Covenant to levy a Fine to the use of Husband for life, after of the Wife for life in satisfaction of Dower, with remainders in Tail, and a Covenant to alter the Ʋse upon her claim of Dower, S. 13, 14. Another by way of Feoffment to Ʋses, as to several Mannors severally, with a limitation for rai∣sing of Portions, S. 15, 16, 17. A Proviso to cease the limitation to the Wife, as to part, if she marry again, S. 18.
• Chap. 17. Containing several Covenants used upon Marriages and Joyntures made.
  • To pay the Marriage-Portion, S. 1. To pay a sum upon refusal of the Marriage, S. 2. To maintain the young pair, S. 3. To give or leave a sum by Will to them, S. 4. To do further Acts to ratifie Covenants, S. 5. To per∣mit the Wife to make a Will, S. 3, 6, 7. If the Lands setled in Joynture fail of the value, then the Hus∣bands Executors to make it up, S. 8. To make satisfa∣ction for what shall be evicted, S. 9. To repay part of the Portion if the Wife die within three years, without Issue, S. 10.
• Chap. 18. Containing general words commonly used for passing Mannors, Lands, &c.
  • For a Mannor, S. 1. A Mannor and Advowson, S. 2. A

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  • Messuage and Lands, S. 3. A Messuage in London, S. 4. An Inn, S. 5. A Brew-house, S. 6. A Water∣grist Miln, S. 7, 8. A Prebend, S. 9. A Rectory, S. 10.