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Author: Billinghurst, George.
Title: 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 ...
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Print source: 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 ...
Billinghurst, George.
London: Printed for Henry Twyford ..., 1674.
Subject terms:
Estates (Law) -- England -- Early works to 1800.
Deeds -- England -- Early works to 1800.
Fines and recoveries -- England -- Early works to 1800.
Conveyancing -- England -- Early works to 1800.
Charter-parties -- England -- Early works to 1800.
Partnerships -- England -- Early works to 1800.
URL: https://name.umdl.umich.edu/A28154.0001.001
How to cite: For suggestions on citing this text, please see Citing the TCP on the Text Creation Partnership website.

Table of Contents
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engraved title page
title page
TO THE Practitioners and Students OF THE Common LAW OF ENGLAND: Especially such as would be throughly Acquainted with Conveyancing.
An ANALYSIS of the whole Art of Conveyancing.
Arcana Clericalia: OR, The Mysteries of Clerkship: Containing the Forms of Settlement of Estates to uses; with power to make Joyntures, Leases, Grants, &c.
The First Part.
CHAP. I. Some Observations taken out of our late Reports, and Books touching the Law of Conveyances in general.
CHAP. II. The several formes of setting forth the grounds or considerations of a Conveyance, or sttlement of an Estate.
CHAP. III. Containing several Covenants.
CHAP. IV. Containing the Forms of Provisoes, to avoid Estates in Fee.
CHAP. V. Containing the Several Ways, and Forms of Introduc∣ing Uses, upon Fines, Recoveries, and other Conveyances.
CHAP. VI. The several Forms of indorsing of Livery made, and of Attornements.
CHAP. VII. The Forms of limitations of Uses, [vide before Chap∣ter the 5th.] the several Forms of introducing Uses upon Fines Recoveries and Conveiances: Now follows the limitations of the Uses.
CHAP. VIII. Power given to Cestuy que use for life, to make Joyntures, Leases, &c.
CHAP. IX. Rents, Annuities, and Portions assured out of the limitation of Ʋses.
CHAP. X. Provision taken for Payment of Debts, Le∣gacies, &c. in the limitation of Ʋses.
CHAP. XI. Forms of Alteration of Ʋses upon Acts done, &c.
CHAP. XII. Power given to Revoke Ʋses, and to limit New.
CHAP. XIII. The forms of Deeds of Revocation, and Limi∣tation of New Ʋses.
CHAP. XIV. The several forms of Settlements.
CHAP. XV. The forms of several Covenants used upon Settlements of Estates to Ʋses.
CHAP. XVI. Containing the several Forms of Joyntures, before and after Marriage.
CHAP. XVII. Containing several Covenants used upon Marriages, and in Joyntures made.
CHAP. XVIII. Containing the General words, commonly used for the passing of Mannors, Messu∣ages, Lands, &c.
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THE TABLE.
THE Several FORMS OF INSTRUMENTS Relating to the Affairs of MERCHANTS, &c.
CAP. I. Containing the several Forms of Char∣ter-Parties.
A Charter-Partie where the Ship is to apply to several Ports to discharge and relade.
Another, where the Ship is to take in her first Lading at several Ports.
Another, where the Ship is let for twelve Months, and the hire to be at a certain Sum by the Month.
Another between Part-owners of a Ship, whereby the Sharers of one Moyety, letteth to freight their Part to the Sharers of the other Moyety.
Another between the Owners of a Ship, and a Merchant, for the Lading thereof with Salt, and discharging the same in Ireland.
CAP. II. Conteyning the several forms of Bills, of Credit, of Adventure, of Bot∣tombrie; Assurance of Goods; and Letters of Licence and Composition from Creditors to Debtors.
A Bill of Credit.
A Bill of Adventure for a Bale of Cloath.
Another for Money in a Voyage to the East-Indies.
Another upon a Man of War.
Another upon a Man of War, and se∣veral other Ships taken into consort∣ment with her.
The Form of a Bill of Bottombry.
Aaother from of a Bill of Bottombry, with a Bond thereupon.
The Condition of a Bond upon the same.
An Assurance of Goods outward bound.
A Letter of License from Creditors to a Debtor, and Composition made.
Another to a Merchant remaining be∣yond Sea, to come into England, &c. for a Year.
Another to a Debtor beyond the Seas, for six Months paying six shillings eight pence a pound.
Another in brief.
Another to a Debtor (resident in Eng∣land) for a years time.
Another, to have free liberty to go to and from the Creditors to Compound, &c.
A Letter of Composition for half Debts.
CAP. III. Containing several forms of Copartner∣ships, and Covenants incident thereunto.
The form of a Copartnership relating to Transactions, as well forreign as do∣mestick.
Another form of Copartnership between four Citizens, touching Merchan∣dizing: forraign and domestick.
Another form of Copartnership between two Sales-men, as to matters here in England only.
Another between two Brewers.
Another form of Copartnership between a Pewterer and another person, who puts in the Stock, and the Pewterer manageth the Trade.
CAP. IV. Containing several forms of Instruments used between Merchants and Tra∣ders; at, and after the dissolution of Copartnership.
An Indenture containing several Cove∣nants upon the separation of Copart∣nership.
Another form, where one assigns his part to the other.
Another, being a Partition of Debts between a Copartner, and the Exe∣cutors of the other.
Another, being also a Partition of Debts and Goods: after the dissolution of the Copartnership.
The form of a Condition of a Bond, upon separation of Copartnership.
Another form of a Condition, upon sepa∣ration of Copartnership: for one to discharge the other of Debts due upon a private account.
CAP. V. Containing some Presidents relating other matters: between Traders.
Articles of agreement concerning Fa∣ctorship, between a Trader in the Country, and his Factor in Lon∣don.
The form of Articles of agreement amongst Creditors, for levying of Debts.
Articles of Agreement for erecting a New building in London, since the great Fire: according to the Act of Parliament for rebuilding London.
A Table of the several Chap∣ters and Sections contained in this Book.
An Alphabetical TABLE of the Matters contained in this Book.
Arcana Clericalia: Or, THE MYSTERIES OF CLERKSHIP.
CAP. I. What a FINE is.
CAP. II. Of the several kinds of a Fine.
CAP. III. Of the parts of a Fine.
CAP. IV. Who may be Cognizors and Cognizees in Fines, and by what names they may give and take in a Fine.
CAP. V. Of what things Fines may be levyed, and by what Names, and how the Parcels are to be placed therein.
subpart
CAP. VI. Observations in Drawing the forms of Concords.
CAP. VII. Before whom, and how, Fines are to be levyed; with the manner of drawing a Fine at Bar by the Serjeants at Law.
How to sue out a Fine before the Lord Chief Justice of the Common Pleas.
A Fine is acknowledged at the Bar after this manner.
The manner of acknowledging and levying a Fine before Commissioners.
The form of the Certificate is thus:
CAP. VIII. Of Fines sur Cognizance de droit come ceo que il ad de son done; their Forms, &c.
Sect. I. A Fine levyed by One to Two Joynt Purchasors.
Sect. II. A Fine Levyed by One to Two, and the Heirs of one of them.
Sect. III. A Fine Levyed by Baron and Feme to Two, of four Mesuages onely.
Sect. IV. A Fine Levyed by Baron and Feme to an Arch-Bishop and another.
Sect. V. A Fine Levyed of most kind of things that can be named.
Sect. VI. A Fine Levyed to a Corporation.
Sect. VIII. A Fine Levyed in the County Palatine of Lancaster, or Chester.
CAP. IX. Of Fines sur Cognizance de droit tantum ove grant, sur Concessit, and sur done Grant & Render, their forms, &c.
Sect. I. A Fine sur Cognizance de droit tantum, with grant of a third part in Reversion by a Copartner.
Sect. II. A Fine sur Done, &c. with Render of five shillings Rent, and the best Beast in the name of an Herryot after the death of every Tenant, with Clause of Distress.
Sect. III. A Fine sur Done with grant and render in Tayl, with divers Remainders over.
Sect. IV. A Fine sur Done with Grant and Render of the fourth part of an House for a Month, the Re∣mainder to a stranger.
Sect. V. A Fine, sur Cognizance de droit tantum, with a grant of a Remainder (by him in the Remainder in Tayl) to the King.
Sect. VI. A Lease for a term of years granted by Fine sur Concessit.
Sect. VII. A Fine levyed by Tenants for life of their Term.
Of Fines sur Cognizance de droit tantum, ove Grant, sur Concessit, & ove grant & Render, &c.
Sect. VIII. A Fine sur Concessit, wherein the Term of 99 years is granted to the Cognizee in the premises (if the Cognizors shall so long live.)
Sect. IX. A Fine sur Done, Grant, with render to one of the Cognizors part of the Premises for a Month, remainder to J. and R. Strangers for their lives, remainder to the Son of J: for life, reserving Rent with Clause of Di∣stress for non-payment, with grant of the Reversion to two other of the Cognizors.
Sect. X. A Fine sur done Grant, with render back of certain Coal Mines belonging to the Premi∣ses unto the Cognizrs, and the Heirs of one of them for ever.
Sect. XI. Fines with Release and Waranty (where the Waranty is divided) some of the Cognizors waranting one part of the Premises, and some another part, none of them waranting all as in other Fines.
Sect. XII. A Fine sur done Grant, with render of a Rent in Recompence of Dower.
Sect. XIII. A Fine sur done Grant, with render of the Premises to one of the Cognizors for 21 years to Commence after the death of Tenant for life, the Reversion to the other Cognizees and their Heirs.
Sect. XIV. A Fine sur Concessit, by Baron and Feme (she being Tenant for life) where the Lands are granted during the life of the Woman to the Cognizee.
Sect. XV. A Fine sur Cognizance de droit, of Lands which the Cognizee hath part in Possession, and are granted to him in Fee for ever, the residue being in Lease for life, the Cognizor grants to him the Reversion (after the death of Tenant for life.)
Sect. XVI. A Fine sur Cognizance de droit tantum, levyed by way of Release to confirm the Cog∣nizees Estate in certain Lands whereof he is possessed, and whereunto the Cognizor hath but a bare Right.
Sect. XVII. Lands granted in Tayle with divers Remain∣ders over, by Fines sur Concessit.
Sect. XVIII. A Fine sur done, Grant, with render for life of the Cognizor, Revertion to the Cognizees.
Sect. XIX. Grant and render of a Rent Charge, and Lease for years.
CAP. X. Instructions for bringing Writs of Error to Avoid Fines, wherein all the Procee∣dings are set forth.
The Writ directed to the Chief Justice.
A Writ to the Custos brevium to certifie the Foot of the Fine.
The Writ to the Cyrographer.
Super Fine in le Common Bank.
The Record certified by the Chief Justice.
The Foot of the Fine.
The Proclamations.
The Return of the Writ to the Cyrographer and Note of the Fine.
The Writ of Covenant.
Errors Assigned.
An Error Assigned that one Proclamation was made after the Term.
Another Error that one Proclamation was made upon a Sunday.
Another Error Assigned for that two Procla∣mations were made in one day.
The Plaintiff suggests the Cognizor is dead and pray's a Scire facias against his heir.
CAP. XI. The Charges of a Fine acknowledged either before the Lord Chief Justice at the Bar, or before a Judge of Assize or Commissioners in the Countrey by De∣dimus Potestatem.
title page
Arcana Clericalia: OR A Treatise OF Common Recoveries UPON Writs of Entry In le Post.
A Common Recovery defined.
The former definition explained.
Of what a Writ of Entry may be had, and by what Names.
Of what things a Writ of Entry lyeth not.
Of Common Recoveries upon Writs of Entry in le Post. Their Forms, &c.
Observanda.
Observanda.
Observanda.
Observanda.
Observanda.
Michaelis xij. Caroli Secundi rotulo 182.
Michaelis xij. Caroli Secundi Regis Rot. 182.
Michael. xij. Caroli Secundi Regis Rot. 183.
Michael. xij. Caroli Secundi Rot. 184.
Mich. xxii Caroli secundi Regis rot. 185.
Mich. xij. Caroli secundi rot. 185.
Mich. xij. Caroli Secundi Regis rot. 187.
A Writ of Summons and Retorn.
A Writ of Seizen.
The Form of a Surrender or Lease to make a Tenant to the Precipe.
The Form of Drawing a Recovery at the Bar, by the Sergeants at Law.
DIRECTIONS For Sueing out RECOVERIES Together with the Usual FEES Incident thereunto.
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