Farm Messuage or Tenement in S. M. aforesaid together with all and every the Houses Edifices Buildings Barns Stables Yards Gardens Orchards arable Lands containing by estimation sixty Acres be the same more or less and all Closes Meadows Pastures and Hereditaments to the said Messuage or Tenement belonging or in any wise appertaining with the appurtenances now or late in the Tenure or Occupation of the said A. B. or his Assigns and also all that Messuage or Tenement Houses Buildings Barns Stables Orchards Gardens arable Lands containing by estimation an hundred Acres be the same more or less Closes Meadows Pastures Lands Tenements and Hereditaments to the said Messuage or Tenements belonging oâ— in any wise appertaining scituate lying and being in S. M. aforesaid with the appurtenances heretofore in the Tenure or Occupation of C. D. and now or late in the Tenure or Occupation of T. W. or his Assigns and all those arable Lands containing by estimation thirty Acres be the same more or less and all those Closes Meadows Pastures Lands Tenements and Hereditaments with their and every of their appurtenances scituate and being in S. M. aforesaid now or late in the Occupation of c. or his Assigns and also all those twenty Acres of arable Lands Meadows and Pasture in S. M. aforesaid now or late in the Tenure or Occupation of W. H. or his Assigns Together with all and singular Wayes Easements Commons Common of Pasture Profits and Commodities whatsoever to the said Premises or any part thereof belonging or appertaining or therewith used and enjoyed or excepted reputed or taken as part or parcel or member thereof with their and every of their appurtenances To the use and behoof of the said V. W. for and during the term of his natural life without impeachment of or for any manner of strip oâ— waste and from and after his decease to the use and behoof of the said F. for and during the term of her natural life for her Joynture and in lieu and recompence of her Dower and Title of Dower and from and after the several deceases of them the said V. W. and F. his wife then to the use and behoof of the first Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body oâ— such first Son lawfully to be begotten and for default of such Issue then to the use and behoof of the second Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the eldest Son and the Heirs males of his body being alwayes preferred before the younger Son and the Heirs males of his body according to the seniority and priority of Birth and Age and for default of such Issue then as for and concerning all and singular the premises hereby limited and appointed to and for the Joynture and Livelihood of the said F. with their and every of their Appurtenances and the Reversion and the Reversions Remainder and Remainders thereof and of every part thereof to the use and behoof of the said A. B. J. P. and J. G. and their Assigns for and during the term of their natural Lives and the life of the longest Liver of them and from and after their decease and the decease of the Survivor of them to the use and behoof of the Executors Administrators and Assigns of the Survivor or Survivors of them the said A. B. J. P. and J. G. for and during and unto the full end and term of Sixty years from thence next ensuing and fully to be compleat and ended upon trust and confidence and to the Uses Intents and Purposes hereafter in and by these presents limited expressed and declared that is to say from and after the decease of them the said A. B. J. P. and J. G. and of the Survivor of them and from and after the end expiration and other determination of the said term of Threescore years as aforesaid then as for and concerning the Reversion and Reversions Remainder and Remainders of the said Messuage Lands Tenements and Premises so limited for Lives and Years aforesaid And as for and concerning all that the Mannor of S. M. aforesaid Mannor-house or Capital Messuage and all and every the Houses Edifices Buildings Barns Stables Yards Orchards Gardens Lands Closes Meadows Pastures Feedings Tenements and Hereditaments commonly called or known by the name of the Demeasn Lands of the Mannor of S. M. aforesaid scituate lying and being enclosed and invironed with a Ring-hedge near about the said Capital Messuage and for and concerning all other the Lands Closes Meadows Pastures Feedings Tenements and Hereditaments with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof whereof no Estate Use or Uses is or are herein formerly limited and declareâ— to the use and behoof of the said V. W. and his Assigns for and during the term of his natural Life without any impeachment of or for any manner of strip or waste and from and after his decease to the use and behoof of such person or persons for such Estate and Estates and for such use and uses and in such sort manner and form as the said V. W. by any his Deed or Deeds in writing intended sealed delivered and executed in the presence of three credible Witnesses at the least shall declare limit and appoint and until such declaration limitation or appointment then to the use and behoof of G. W. eldest Son of the body of the said V. W. and of the Heirs males of the body of the said G. W. lawfully begotten or to be begotten and for default of such Issue then to the use and behoof of R. W. second Son of the body of the said V. W. begotten and of the Heirs males of the body of the said R. W. lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son of the body of the said V. W. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the elder Son and the Heirs males of his body to take place and be preferred according to the seniority and priority of Birth and Age and for default of such Issue to the use and behoof of the Heirs of the said V. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the right
to take receive retain and keep as to him the same shall be delivered by the Sheriff of the same County of c. according to the tenor purport and effect of His Majesties Writ of Extent unto the said Sheriff in that behalf directed Giving and granting by virtue of these present unto my said Attorney my full power and authority and all and every thing and things needful necessary or requisite to be had made or done for or concerning the said possession taking or the retaining of the same to my use as aforesaid the same for me in my stead and name to do use execute and exercise as fully and wholly and in as large and ample manner and form and to all intents and purposes as I my self might and could do if I weâ—â— personally present ratifying allowing and holding firm and stable all and whatsoever my said Attorney shall lawfully do or cause tâ— be done in or about the execution of the premises by vertue of these presents In witness c. A Covenant for the levying of a Fine ANd the said C. D. for himself his Executors c. and for every of them doth covenant and grant to and with the said W. G. and F. W. their Executors Administrators c. That the said C. D. or his Heirs shall and will at and before the c. at the proper Costs and Charges in the Law of the said C. D. his Heirs c. according to the usual course of Fines and Recoveries us'd and accustom'd levy one lawful and sufficient Fine and suâ—er a lawful and sufficient recovery to be had and made against him the said C. D. and his Heirs unto the said W. C. and F. W. and their Heirs or the Survivor of them or to such other person or persons as they the said W. and P. or the Survivor of them or their Heirs shall nominate and appoint of all that Messuage c. naming the Lands with all and singular their appurtenances scituate and being in C. aforesaid in the County of B. which said Fine or Fines Recovery or Recoveries and all other Assurances and Conveyances to be had made levied acknowledged and executed of the premises or any part thereof by the name or names aforesaid or by any other name or names or in any other manner or form shall be and the said W. C. and F. W. and their Heirs and all and every other person and persons and the Survivor of them and their Heirs to whom the said Fine shall be levied or acknowledged as aforesaid shall stand and be seized of all and singular the premises and every part thereof to the onely proper use and behoof of the said W. and F. and their Heirs for ever to the intent a lawful and sufficient recovery may be had of all and singular the premises and of every part and parcel thereof according to the true intent and meaning of these presents which said recoveries shall be and shall be alwayes deemed adjudged and taken to be to the onely use and behoof of the said W. C. and F. W. and of the Heirs males of their Bodies to be begotten and for default of such Issue then to the use and behoof of the said W. C. and of his Heirs and Assigns for ever In witness c. A Covenant to Surrender a Copy-hold at the next Court. ANd the said c. for himself his c. doth covenant and grant to and with the said c. his c. that at the next Court holden at the Mannor of E. in the County of W. the said R. I. and his wife shall come and personally appear in the Face of the said Court of the said Mannor and in the open Face of the said Court according to the usual Custom of the said Mannor shall into the Hands of the Stewards of the said Court or his Deputy surrender assign and yield up to the use of the said T. his Heirs Executors Administrators and Assigns all that the right estate title interest and demand which they now have or by any means may have of and in the said Copy-hold Land and Tenements with the appurtenances called known by the said name or names of c. or any other Lands Tenements or Hereditaments which are claimed to be holden by him the said R. I. by Copy of Court-roll of the said Mannor of W. or to the same or to any part or parcel of the same belonging or so reputed esteemed or taken c. A Covenant for a further Assurance ANd the said L. M. for himself his c. That he the said L M. and A. his now wife and the Heirs of the said L. and all and every other person and persons whatsoever having or claiming or which shall or may have or claim or pretend to have any manner of right title interest or other thing into or out of the before mentioned premises or any part or parcel thereof from or under the said L. M. shall and will from time to time and at all times hereafter upon every reasonable request and at the Costs and Charges in the Law of the said c. his Heirs and Assigns make do suffer acknowledge and execute or cause to be made done acknowledged suffered and executed all and every such further lawful act or acts thing and things device and devices conveyances and assurances in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of all and singular the said Messuages Lands Tenements and Hereditaments and all other the premises aforesaid and every part and parcel thereof unto the said L. B. his Heirs and Assigns for ever be it by Fine or Fines with Proclamation Recovery or Recoveries with double or single Voucher or Vouchers Deed or Deeds enrolled or not enrolled the enrolment of these presents release confirmation with warranty against all and every person or persons or without warranty or by all any or as mady of the wayes means and devices aforesaid or by any other wayes or means whatsoever as by the Council learned in the Law of the said J. B. his c. shall or may be devised or required so as the said J. M. and A. his wife their Executors c. be not enforced or compelled to travell above twelve Miles from his or their dwelling place or the Cities of London and Westminster for the making doing and executing thereof c. A Covenant that he is lawfully seized in Fee-simple or Fee-tail and hath power to demise ANd the said G. H. for himself c. that he the said G. H. at the time of the ensealing and delivery of these presents is and standeth lawfully seized of an indefeizable estate of Inheritance in Fee-simple or Fee-tail of and in all and singular the before demised premises with the appurtenances and every part and parcel thereof without any manner of condition or limitation of use or uses to alter or change the same And also that he the
said J. H. well and truly satisfie and pay or cause to be satisfied and paid unto the said J. D. his Executors Administrators or Assigns at the said Brew-house all such Arrerages Debts Sum and Sums of Money as the said J. H. shall be found to be indebted and to â—â—e unto the said J. D. his Executors or Assigns or any of them at the time of such decease of him the said J. H. without fraud or coven That then this c. or else to c. The End of the First Part. Part 2. A Deed of Joynture whereby Tho. N. in consideration of a Marriage intended between Tho. his Son and Sarah Mer. granteth and infeoffeth Lands to Friends in trust under a Proviso to be void upon Assurance of other Lands by John N. Heir of Thomas the Father of as good value and to the like uses THis Indenture made the first day of June in the year of our Lord God according to the computation used in England 1651. between T. N. of c. of the one part and I. I. H. E. and S. R. of the other part witnesseth That the said T. N. for and in consideration of Marriage already agreed upon and shortly by Gods Grace to be had and solemnized between T. N. second Son of the said T. N. and Sarah M. single-woman Daughter of M. N. late of c. deceased and for the love and affection which he beareth to his said Son and for a competent Joynture to be had and provided to and for the said Sarah and for provision of maintenance for her and for setling the Inheritance of the Lands and Tenements herein after-mentioned to such use and uses and upon such trusts and confidence as are herein declared limited or expressed and for divers other good considerations him moving hath granted enfeoffed released and confirmed and by c. unto the said I. I. H. and R. and to their Heirs and Assigns for ever all that Messuage or Tenement with the appurtenances situate c. and one Yard-land Meadow or Pasture to the said Messuage or Tenement belonging that is to say one Close c. and also all Houses Edifices Buildings Barns Stables Orchards Gardens Back-sides Courts void Grounds Lands Meadows Leasows Feedings Pastures Commons Woods Under-woods Trees Hedges Rowes Wayes Waters Ponds Pools Fishings Fishing-places Profits Commodities Hereditaments and Appurtenances whatsoever to the said Messuage Tenement Yard-land and Premises or any part or parcel thereof now or at any time heretofore belonging or appertaining and all Rents Reversions Remainders and Services of the said premises and every part thereof To have and to hold the said Messuage or Tenement and all and singular other the premises before mentioned meant or intended to be granted infeoffed and confirmed and every part and parcel thereof with the appurtenances to the said I. I. H. E. and S. R. to their Heirs and Assigns for ever to the only use intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say to the use and behoof of the said I. I. H. E. and R. S. and of their Heirs until the solemnization of the said Marriage between the said T. N. and Son and Sarah the M. and from and after the solemnization of the said Marriage to the use and behoof of the said I. I. H. E. and S. R. and of their Heirs for and during the natural life of the said Sarah and from and after the decease to the use and behoof of the said T. N. her Son for and during the term of his natural life and from and after the death of the said Sarah M. and T. N. to the use and behoof of the Heirs of the Body of the said Sarah M. by the said T. N. the Son begotten and to be begotten and for default of such Heirs to the use and behoof of the said T. N. the Son and of the Heirs of his Body and for default of such Heirs to the use of the said T. N. the Father and of his Heirs and Assigns for ever and the said T. N. the Father for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said I. I. H. E. and S. R. and every of them their and every of their Heirs and Assigns by these presents that he the said T. N. the Father at the time of the ensealing and delivery thereof is the true and lawful Owner of the Messuages Tenement and Premises and every part thereof and of and in the same and every part and parcel lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple and also that he the said T. N. the Father at the time of the ensealing and delivery hereof hath full Power good Right and lawful Authority to grant convey and assure the said premises and every part thereof to the said I. I. H. E. and S. R. their Heirs and Assigns in manner and form aforesaid according to the true intent and meaning thereof and that the said Messuage Tenement and Premises and every part and parcel thereof with the appurtenances now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the uses intents and purposes aforesaid and according to the true intent and meaning hereof clearly acquitted and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Statutes Recognizances Judgments Extents and of and from all other Titles Charges Troubles and Incumbrances whatsoever had made done committed or suffered to be done by him the said T. N. the Father or by any other person or persons whatsoever except one Indenture of Lease bearing-date c. made and granted of the premises by T. H. to the said N. H. and M. his Wise and to M. their Daughter for term of their Lives successively one after another at and under the yearly Rent of Forty shillings of lawful money of England quarterly to be paid by even portions and also except one other Lease or Indenture bearing date c. made and granted of the said premises by the said T. N. the Father of G. M. c. for One thousand years with a Proviso to be void upon payment made of certain sums of money at certain times therein mentioned whereof only one day is past and the money then due is paid and without any let interruption challenge claim disturbance or incumbrance of or by him the said T. N. the Father or his Heirs and without any lawful let or interruption challenge claim disturbance or incumbrance of or by him the said T. N. or any other person or persons claiming or to claim by or under him or his Estate Right Title or Interest except such as shall or may claim by or under the Leases before excepted or either of them and for the term thereby granted only and
further this present Indenture that for the consideration aforesaid and for and in consideration of the sum of 40 l. to him the said T. I. by the said P. H. before the ensealing and delivery hereof well and truly satisfied and paid whereof he acknowledgeth the receipt and thereof and of every part and parcel thereof doth clearly acquit and discharge the said P. H. his Heirs c. and every of them for ever by these presents and for setling the Inheritance of all the said Messuages Lands Tenements Hereditaments and Premises in such manner and form as hereafter in these presents is mentioned limited and declared and for divers other good Causes and Considerations all the said Parties moving it is covenanted granted concluded and agreed by and between all the said Parties to these presents that they the said W. B. and M. his Wife T. I. and A. his wife P. H. and J. his wife shall and will before the end of Easter Term next acknowledge and levy to the said T. P. and J. C. and to the Heirs of one of them one Fine sur conuzance c. to be sued out with Proclamations according to the form of the Stature in that case made and provided before the Justices of the Court of Common-Pleas at Westminster of all the Messuages Lands Tenements and Premises before mentioned by the names of thirteen Messuages and seven Gardens with the appurtenances in c. which Fine so or in any other manner to be acknowledged and levied and all other Fine or Fines to be had levied or acknowledged by or between the said Parties or any of them or any other person or persons of the said premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only uses intents and purposes hereafter in these presents limited expressed and declared that is to say as touching and concerning all the said Messuages Tenements Gardens and Premises before mentioned to be granted bargained sold or conveyed by the said W. Ho. in and by the said recited Deed indented to the use and behoof of the said P. Hobbs and of his Heirs and Assigns for ever and as touching all other the Messuages Lands Tenements Hereditaments and Premises before mentioned meant or intended to be comprized in the said Fine thereby agreed to be levied whereof no use is herein therefore expressed and of every part and parcel thereof with the appurtenances to the use and behoof of the said Peter H. for term of his natural life and from and after his decease to the use and behoof of the said Joan H. for the term of her natural life and from and after her decease to the use and behoof of the first Son of the said P. Hobbs on the body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such first Son lawfully to be begotten and for default of such Issue to the use and behoof of the second Son of the said Peter Hobbs on the Body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of all and every other Son and Sons of the said P. H. on the body of the said Joan his wife to be begotten one after another as they shall be in seniority of age and priority of birth and of the Heirs of the body of every of the same Sons respectively to be begotten the elder of the said Sons and the Heirs of his body being alwayes preferred before the younger and the Heirs of their bodies and for default of such Heirs to the use and behoof of all the Daughters of the body of the said P. H. on the body of the said J. his wife begotten and to be begotten and of the Heirs of the body of the same Daughters respectively lawfully to be begotten and for default of such Heirs to the use and behoof of the said P. H. and J. his wife and of their Heirs and Assigns for ever provided alwayes and it is explained and declared to be the true intent and meaning of these presents and of all the Parties to the same that it shall be lawful to and for the said P. H. and J. his wife at any time during the Coverrure between them by any writing or writings indented to be by them signed and sealed in the presence of three or more credible witnesses who shall thereunto subscribe or indorse their names or marks testifying the same to alter change revoke determine diminish or inlarge all or any of the use or uses herein before limited touching or concerning the said Messuages Tenements and Premises herein before limited to the said P. H. and I. his wife or either of them for their lives or any part or parcel thereof and by the same writing or writings or by any other writing or writings indented so signed sealed and testified as aforesaid to limit and appoint any other use or uses of the same Messuage or Messuages Tenements and Premises last mentioned or any part or parcel thereof to the said person or persons or to any other person or persons and of such Estate and Estates as to them shall seem best and in case any such new limitation or appointment of uses shall be made that then the said Fine so to be levied shall be and enure and shall be deemed adjudged construed and expounded to be and enure as touching the said Messuages Tenements Lands and Premises last mentioned and every part thereof to and for such new use and uses as in and by such writing or writings so to be signified sealed and testified as aforesaid shall be expressed limited and declared any thing c. And the said Thomas Joanes for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said P. Hobbs and Joan his wife and either of them their and either of their Heirs c. by these presents that all the said Messuages Tenements and Premises and every part and parcel thereof with the appurtenances now are and be and so from time to time and at all times hereafter for ever shall or may be remain and continue to the several and respective uses before herein mentioned limited and declared according to the true intent and meaning hereof clearly freed and discharged of and from all former and other Bargains Sales Gifts Grants Leases Mortgages Charges Troubles and Incumbrances whatsoever had made committed or done by him the said Tho Joanes or any other person or persons lawfully claiming or to claim by from or under him In witness c. A Marriage is intended between Tho. Geo. Esquire and Ph. B. single Woman Ph. in regard the Joynture agreed on cannot presently be assured with consent of Tho. makes over all her Land c. Jewels Moneys
or to claim by or under him or deriving any authority by or under him them or any of them shall at any time hereafter enter into receive take or intermeddle with the said Mannors Messuages Lands Tenements Hereditaments Jewels Moneys Bonds Specialties Debts or other things before hereby mentioned meant or intended to be granted assigned or delivered by the said Phil. B. to the said Eliz. B. as aforesaid or any part or parcel thereof or any Rents Issues or Profits thereof or of any part thereof other than according to the true intent and meaning of these presents provided alwayes and it is declared to be the true intent and meaning of these presents and all the parties to the same that in case the said Marriage shall not be solemnized on or before the c. next ensuing the date hereof that then and from thenceforth these presents and every grant matter and thing herein contained shall cease determine and be utterly frustrate and void to all intents and purposes and that the said P. B. her Executors c. shall from thenceforth have and enjoy again to her and their own use and right all c. any thing c. In witness whereof to one part of this Tripartite Indenture remaining with the said Eliz. B. the said T. G. and P. B. have put their Hands and Seals to one other part remaining with the said P.B. the said T. G. and Eliz. B. have c. to the other part remaining with the said T. G. the said P. B. and E. B. have c. A. and B. his Wife being possessed of a certain Mannor and Lands Covenants with C. D. to levy a Fine thereof to certain uses with a Covenant that himself and his Wife together shall have power to let Leases for Lives or Years THis Indenture c. Between A. and B. his Wife of the one part and C. c. and D. of c. of the other part witnesseth That for the setling of the Inheritance of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and form as is hereafter in these presents limited expressed and declared and for the enabling of the said A. and B. his Wife to make and grant Leases and Estates of and in the said Mannor Lands and Premises in such manner and form and according to the power and authority to them hereafter in these presents mentioned reserved and raised and for other good Causes and Considerations them the said A. and B. his Wife thereunto especially moving it is agreed between the said Parties and they the said A. and B. his Wife do covenant grant and agree to and with the said C. and D. and either of them their Executors and Administrators by these presents that they the said A. and B. his Wife shall and will before the end of Michaelmas term next ensuing the date hereof acknowledge and levy to the said C. and D. and to the Heirs of the said C. one Fine sur conuzance de droit c. to be sued out with Proclamations according to the form of the Statute in that case made and provided of all that the Mannor Capital Messuage Farm Baron and Demeasn Lands of c. with all and singular the Rights Members and Appurtenances thereof thereunto or to any of them belonging or reputed or used as thereunto or to any of them belonging and of all other the Messuage Lands Tenements Rents Services and Hereditaments whatsoever wherein T. J. Gent. deceased had any Estate of Inheritance in possession reversion or remainder situare lying and being or to be had or taken in or near the Towns Parishes Fields and Hamlets c. with the appurtenances and of twelve Messuages two Cottages one Water-Mill twelve Gardens three hundred Acres of Land two hundred Acres of Pasture forty Acres of Wood with the appurtenances in c. or by such other fit name or names quantities and qualities of Acres as shall be thought fit which said Fine so or in any other manner to be had and levied shall be deemed adjudged construed and expounded to be to and for the only uses intents and purposes hereafter in these presents limited expressed and declared and to and for none other use intent or purpose whatsoever that is to say to the use and behoof of the said A. for and during the term of his natural life and from and after his death to the use and behoof of the said B. for and during the term of her natural life and from after the decease of the said A and B. his Wife to the use and behoof of the Heirs of the body of the said A. on the body of the said B. begotten and to be begotten and for default of such Heirs to the use and behoof of the right Heirs of the said A. for ever and it is promised covenanted concluded agreed and declared by and between all and every the said parties to these presents that it shall and may be lawful to and for the said A. from time to time and at all or any time or times during his natural life by an Indenture or Indentures to make any Demise or Demises Grant or Grants of the said premises or of any part or parts thereof alone or amongst other things as well in possession for the term of twenty one years or under or for one two or three life or lives or for any term or number of years determinable on one two or three Lives at for and under such Rents Covenants and Conditions as to him the said A. shall seem meet so as she the said B. shall be made a Party to every such Indenture whereby any such Demise or Grant shall be made during the life of the said B. and that the said B. shall seal and deliver every such Indenture and that at all times from and after the making of any such Demise or Demises Grant or Grants the said Fine to be levied as aforesaid and the Conuzes of the same Fine and their Heirs and the Heirs of the Survivor of them shall stand and be seized of and in such part and parts as shall be so demised or granted to the use and behoof of every such Lessee or Lessees Grantee or Grantees to whom any such Demise or Demises Grant or Grants shall be so made and according to the true intent and meaning of every the same several and respective Demise or Demises Grant or Grants so as the same Lessee or Lessees Grantee or Grantees their Executors and Assigns shall pay the Rents and perform their Covenants and Conditions in such Indentures of Demises or Grants to be specified and contained according to the true intent and meaning of the same Indenture In witness c. R. C. being possessed of a Messuage c. in Fee-simple granteth the same to J. P. C. P. and G. C. Habend to them and their Heirs to certain uses viz. the use of himself for life yet
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
Lord Herbert and Richard Herbert or either of them whereof they the said E. Lord R. and H. or either of them are or do stand seized of any Estate or Inheritance within the Kingdome of Ireland by such name or names quantities qualities contents and numbers of acres of things in such manner and form as by the said E. L. H. and R. H. or either of them shall be reasonably devised or advised and required in and by which Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged the said E. L. H. and R. H. shall acknowledge the said Mannors Lordships Messuages Lands Tenements Hereditaments and all and singular other the premises with their and every of their appurtenances to be comprised in every such Fine to be the right of the said M. L. as those which the said M. L. and G. H. have of the gift of the said E. L. H. and R. H. the which said Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged shall be and enure and shall be deemed adjudged esteemed reputed and taken to be and enure to the use and behoof of the said M. L. L. and G. H. and their Heirs to the intent and purpose that they the said M. L. L. and H. G. may become perfect Tenants of the Free-hold of the said Mannors Messuages Lands Tenements Hereditaments and Premises with their appurtenances whereby one or more perfect common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following for which intent and purpose it is hereby further covenanted and agreed by and between the said parties to these presents that it shall and may be lawful to and for the said J. E. of B. and E. H. to bring pursue and prosecute against them the said M. L. L. and H. G. one or more Writs of every sur disseism en le post of and for the said Mannors Lordships Messuages Lands Tenements Rents Hereditaments and all and singular other the premises with their and every of their appurtenances by such name or names quantities qualities contents and numbers of acres and things in such sort manner and form as by the said E. L. H. and R. H. or their or either of their Council learned in the Law shall be reasonably devised advised and required the which said writ or writs of Entry sur disseisin en le post so as aforesaid or in any other sort to be had or brought shall be returnable in such Courts and before such Judges or Justices as the said E. L. H. and R. H. or the Survivor of them his or their Council learned in the Law shall advise or think fit before the end of Michaelmas Term next ensuing after the date of these presents and the said M. K. K. and H. G. shall thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear and after imparlance had shall make default and depart in contempt of the said Court whereby one or more perfect common recovery or recoveries shall or may he had or suffered against them the said M. L. L. and H. G. of and for the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises with their appurtenances according to the usual course of common recoveries in such cases used and accustomed for assuring of Lands and Tenements the which said common recovery or recoveries so as aforesaid or in any other manner to be had and suffered and all other common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the death of the said Lady Mary Herbert wife to the said Edward Lord Herbert had made levyed suffered acknowledged or executed or at any time hereafter to be made levied suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereunto they or any of them shall be parties of or concerning the said Mannors Messuages Lands Tenements Hereditaments or Premises or any of them or any part or parcel of them or any of them shall be and enure and shall be adjudged deemed esteemed reputed and taken to be and enure to the uses behoofs intents and purposes and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed that is to say as for and concerning all and singular the said Messuages Farms Lands Tenements and Hereditaments in Tanterne in the said County of Monmouth c. to the use and behoof of the said Richard Herbert his Heirs and Assigns for ever and as for and concerning all and every other the Mannors Messuages Lands Tenements Meadows Leasowes Pastures Feedings Commons Woods Under-woods Rents Services and Hereditaments whatsoever to them the said Ed. L. H. and R. H. or either of them with their and every of their appurtenances in the said County of Monmouth to the use and behoof of the said Richard Herbert for and during the term of his natural life without impeachment of or for any manner of waste and with full power to do or commit waste and after the decease of him the said R.H. to the use and behoof of the said E.L. H. for and during the term of his natural life and after the decease of the said E. L. H. to the use and behoof of Edward Herbert eldest Son of the said Richard Herbert and of the Heits males of his body lawfully to be begotten and for default of such Issue to the use and behoof of John Herbert second Son of the said Richard and of the Heirs males of his body lawfully to be begotten and for default of such Issue to the use and behoof of Richard Herbert third Son of the said R. H. party to these presents and of the Heirs males of the body of Richard Herbert Son of the said R.H. party to these presents lawfully to be begotten and for default of such Issue to the use and behoof of the fourth Son of the body of the said Richard Herbert party to these presents on the body of the Lady Mary Herbert his wife Daughter of the said Jo. E. of B. begotten or to be begotten and of the Heirs males of the body of such fourth Son lawfully to be begotten and for default of such Issue to the use and behoof of the fifth Son of the body of the said Richard Herbert party to these presents on the body of the said Lady Mary Herbert his wife begotten or to be begotten and of the Heirs males of the body of such fifth Son lawfully to be begotten and so the sixth seventh eighth ninth and tenth and for default of such Issue to the use and behoof of all and every other Son and Sons of the body of the said Richard Herbert party to these presents to be begotten successively one after another as they and every of them shall be in seniority of age and priority of Birth the eldest
of the said Sons and the Heirs males of his body being ever preferred before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of Edward Herbert second Son of the said E. Lord H. and of the Heirs males of his body lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Richard Herbert Esquire deceased Father of the said Edward Lord Herbert lawfully begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Edward Herbert Grand-father to the said Edward Lord Herbert and for default of such Issue to the use and behoof of the right heirs of him the said Richard Herbert Son of the said Edward Lord Herbere for ever And as for and concerning the Mannors Lordships Messuages Mills Lands Tenements Orchards Gardens Tosts Crofts Meadows Leasows Pastures Feedings Woods Under-Woods Rents and Hereditaments whatsoever of the said Edward Lord Herbert and Richard Herbert his Son or either of them with their and every of their appurtenances in the said County of Anglesey to the use and behoof of the said Jo. Earl of Bridgewater and Edward Herbert party to these presents and of their Heirs and Assigns for ever upon trust and confidence nevertheless and to the end intent and purpose that they the said John Earl of Bridgewater and Edward Herbert party to these presents and the Survivor of them and his Heirs shall and will at his and their free will and pleasure sell convey and assure the said Mannors Lands and Premises in the said County of Anglesey and every part thereof for the best benefit profit and advantage which shall or may be bona fide had or gotten for the same and that the money to be raised by every or any such sale and as every such sale shall be made shall be forthwith paid and disposed of as followeth that is to say out of the money that shall be raised by sale of such of the premises in the said County of Anglesey as were the Lands of Dame Herbert late of c. there shall be forthwith and in the first place so much money paid to the said Edward Lord Herbert his Executors or Administrators as according to the true yearly value of those Lands shall come to five years and an half purchase and the residue of the monies that shall be raised by the sale of the same Lands which were the Lands of Dame Herbert late of c. shall be disposed of for and towards the payment and of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the Schedule hereto annexed as the said Jo. Earl of B. and Richard H. party to these presents or the Survivors of them shall think fit and of the money that shall be raised by the sale of the residue of the said Mannors Lands and Premises in the said County of Anglesey there shall be forthwith and in the first place so much paid to the said Ed. Lord Her his Executors or Administrators as according to the yearly value of the same Mannors c. shall come to sixteen years purchase and if those Mannors and Lands shall be sold for more than sixteen years purchase then the one moyety of such surplusage if any shall be shall be forthwith and in the first place paid to the said Ed. L. H. his Executors or Administrators and the other moyety thereof shall be disposed of for and towards the payment of such of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the said Schedule as the said John Earl of B. and Edward Herbert party to these presents or the Survivor of them shall think fit and the over-plus thereof if any shall be shall be paid to the said Richard Herbert or to such other person or persons as he the said Richard Herbert party to these presents by any writing under his Hand and Seal shall direct nominate appoint to be disposed of in the buying of Land to be estated in the same manner as the Lands in the said C. of Carnarvan are by these presents limited and for want of such direction nomination or appointment to the Executors or Administrators of the said Richard Herbert party to these presents the further trust intent and meaning of these presents and the parties hereunto-being that the said Edward Lord Herbert his Executors Administrators or Assigns shall or may have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannors Lands and Premises hereby limited and intended to be sold until sale be thereof made as followeth Provided alwayes and it is hereby declared and agreed by and between all and every the said parties to these presents and the true intent and meaning of these presents is That it shall and may be lawful to and for the said Ed. L. Her paying to Sir Richard Eaton of Newport in the County of Salop Knight his Executors and Administrators to be disposed according to the trust hereafter mentioned the sum of 1000 l. of good and lawful money or such less sum of money as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them shall think fit appoint at any time or times during the term of his natural life by Indenture or by any Deed or Deeds Writing or Writings to be by him the said Ed. Lord Herbert sealed and subscribed in the presence of two or more credible Witnesses to declare limit and appoint all or any the said Mannors Messuages Lands Tenements Rents Hereditaments and Premises with their appurtenances in the said County of Monmouth the said Capital Messuage called by the name of St. Julians and the Lands late in the tenure or occupation of John Morgan Esquire and the Lands and Tenements whereof the use is herein before limited to the said Richard Herbert party to these presents or the Survivor of them in possession alwayes excepted and reserved to and for the Joynture of any wife or wives which he the said Edward Lord Herbert shall hereafter happen to marry for and during the natural life and lives of such wife and wives or for any number or term of years determinable upon her or their life or lives the same to take effect after the death of the said Edward Lord Herbert and that then and so often and from thenceforth the said Recovery or Recoveries shall be and enure and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in the said Mannors Messuages Lands Tenements and Hereditaments in the said County of Monmouth with their rights members and appurtenances or of or in so much or such part thereof of for and concerning the which such Indenture Deed
Kingdom of England and the Reversion and Reversions Remainder and Remainders of all and singular the said premises and all Rents and yearly Profits reserved due or payable by or upon any Demise Lease or Grants Demises Leases or Grants made of the said premises or any part thereof and all the estate right title interest claim and demand whatsoever of him the said J. W. of in and to the same premises and every or any part or parcel thereof and also such Deeds Charters c. To have and to hold the said Mannors Messuages Farms Tenements and Rectory and all and singular other the premises before by these presents granted or mentioned meant or intended to be granted with their and every of their appurtenances unto the said A. B. C. D. c. their Heirs and Assigns for ever to the uses intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say as for touching and concerning the said Mannor Capital Messuage and Farm of Burnet and all Lands Meadows Pastures c. And the said Rectory and Parsonage of Chewion alias Chewton and with the rights members and appurtenances thereof and all and all manner of Tythes of Corn Hay and Wooll and all Obligations Obventions Profits Commodities and Hereditaments whatsoever coming growing yearly renewing or happening in Chewton aforesaid or else-where to the said Rectory or Parsonage belonging or in any wise appertaining and the said Messuage or Tenement c. and the said three Messuages or Tenements c. and all Cellars Sollers Houses c. and the Reversion and Reversions thereof c. and all Rents and Services thereunto belonging or in any wise appertaining to the use and behoof of J. W. and his Assigns for and during the term of the natural life of the said J. W. without impeachment of or for any manner of waste and after the decease of the said J. W. then to the only use and behoof of the said Rachel for and during the term of her natural life for and in the name of her Joynture and in full recompence of her Dower and title of Dower which she the said Rachel shall or may have of or to the Lands Tenements and Hereditaments of the said J. W. and after the decease of the said J. W. and Rachel then to the use and behoof of the Heirs of the body of the said J. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs or Assigns for ever upon this hope trust and confidence nevertheless in them reposed by the said J. W. that they the said A. B. C. D. c. and the Survivors and Survivor of them and his and their Heirs and Assigns and at all times after the ending of the said Estates of the said J. W. and Rachel his wife of and in the said Mannors and Premises to them above-limited make such Grants and Conveyances of the same and dispose distribute and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing by him to be subscribed with his own hand and sealed with his Seal in the presence of three or more Witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare or appoint and for and in default of such nomination or appointment then that the persons trusted and the Survivors and Survivor of them his and their Heirs and Assigns shall convey and assure the said Mannor and Premises to and on the right Heirs of the said J. W. for ever and as for touching and concerning all other the said Messuages Lands Tenements and Premises residue with the appurtenances whereof no use is before by these presents limited or declared to the use and behoof of the said J. W. and of the Heirs of his body lawfully begotten and to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs and Assigns for ever upon the like hope trust and confidence in them reposed that they the said persons trusted and the Survivors and Survivor of them and his and their Heirs and Assigns at all times from and after such time as the said J. W. shall be dead without Heir of his body shall make such Grants and Estates of the said Lands and Premises residue c. or any part or parts thereof and distribute dispose and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing to be by him subscribed with his own hand and sealed in the presence of three or more witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare limit and appoint and for and in default of such nomination or appointment then that the said person or persons trusted and the Survivors or Survivor of them his and their Heirs and Assigns shall convey and assure the same Lands and Premises residue with the appurtenances to and upon the right Heirs of the said J. W. for ever Provided always and it is fully and plainly convenanted concluded and agreed by and between the said Parties to these presents for them their Heirs and Assigns that it shall be lawful to and for the said John W. and that the said J. W. shall have full power and authority from time to time and at all times hereafter at will and pleasure by his Deed or Deeds in writing to demise grant and to farm-let all or any the said Mannor Messuages Lands Tenements and Hereditaments and every or any part or parts thereof as well in possession as in reversion or in possession or in reversion unto any person or persons for one two or three lives or for any number of years whatsoever by and under such Rents Reservations Covenants Conditions Limitations and Agreements as to him shall seem meet or without any Rent Reservation or Condition at his will and pleasure at that when and as often as any such Demise Grant or Lease shall be so made by the said J. W. of the premises or any part or parts thereof the said parties trusted and every of them and the Survivors and Survivor of them and every of them and his and their Heirs and Assigns shall stand and be seized of such part parts and parcels of the said Mannor Messuages Farms Tenements Rectory and Premises as shall be so demised leased or granted immediately from and after every such Demise Lease or Grant made to the use and behoof of every such person and persons to whom any such Lease Demise or Grant shall be so made and
Survivor of them shall take receive levy possesse use and enjoy the Rents Issues Profits Revenues Commodities and Emoluments of all and singular the said Lordships Mannors Lands Tenements and Hereditaments and other the Premisses with the Appurtenances and the same employ during such minority or minorities as is aforesaid for and towards the performance payment and satisfaction of all the Legacies and Bequests of money Annuities for years and Debts of the said V. to be mentioned in the Testament and last Will of the said V. according to the tenor purport and true meaning of the said V. in his said Testament and last Will to be declared and to the use and intent that the said Feoffees and the Survivor and Survivors of them and their Heirs shall with the Profits Revenues Commodities Issues and Emoluments coming growing and arising of and in all and singular the said Lordships Mannors Lands Tenements and Hereditaments bestow disburse and expend from time to time the competent and necessary Charges in the Law and otherwise for the defence and maintenance of the possession and title of all and singular the Premisses and every or any part thereof and for the Reparation and defence of the Buildings Edifices Houses and Sea-walls in and upon the Premisses or any part thereof from time to time necessary meet and convenient to be disbursed and expended untill such time as the said Legacies debts and bequests of the said V. to be mentioned in his Testament shall be performed and untill some heir of the said V. shall have accomplished the full age of 21 years and after satisfaction of the said Legacies debts and Annuities and for the surplusage that shall surmount the same Debts Legacies and Annuities and other the charges aforesaid satisfied to the use and intent that the said A. L G. c. shall imploy and suffer the Premisses and surplusage thereof to go remain and come to the use profit and benefit of the heirs of the said V. And after the heirs of the said V. shall accomplish the full age of c. that then the said A. L G. c. and their heirs shall stand and be seized of and in all and singular the said Mannors c. to the use of the said R. D. and the heirs males of his body lawfully begotten and for default of such heirs males of the said R.D. lawfully begotten to the use and behoof of the said W. D. second Son of the said V. and the heirs males of his body lawfully begotten and for default of such heirs males of the body of the said W. D. lawfully begotten and to be begotten to the use and behoof of the heirs males of the said V. lawfully begotten and for default of such heir to the use of the heirs of the body of the said V. and for default of such issue to the use of the right heir of the said R. for ever Provided alwayes and it is the true meaning use and intent of these presents That if the said V. at any time hereafter during his life-time shall demise grant or lease the said Mannors Lands Tenements and Hereditaments aforesaid and other the Premisses by these presents granted or assured or any part or parcel thereof by his deed indented under his seal and with subscription of his name with his own proper hand for term of any year or years life or lives that then and immediately from after every such lease demise or grant or such leases demises or grants so to be made by the said V. the said A. L. G. c. and their heirs shall stand and be seized of and in the said Mannor c. so to be leased or granted To the use and behoof of the same Lessees or Grantees and every of them and of their several executors administrators and Assigns during the terms and space mentioned in the said several leases grants and demises so to be made according to the tenour form and effect of the same lease grant or demise leases grants or demises so that the yearly Rent or Rents mentioned or reserved by the said V. in such Lease Demise or Grant Leases Demises or Grants be yearly paid to the said V. during his natural life and after his decease to such person or persons as by the proper and true meaning of these presents ought to have the Reversion or Remainder Reversions or Remainders of the Lands Tenements or Hereditaments so to be leased or granted within the space of Twenty dayes next after reasonable request to be made for the payment thereof And so that the same Lessees or Grantees their Executors Administrators and Assigns do well and truly perform the conditions to be comprized in the Indenture or Indentures of their said several Demises or Grants according to the effect and true meaning of the same Indenture or Indentures And that the said A. L. G. c. shall stand and be seized of the Reversion and Remainder the Reversions and Remainders of the Mannors Lands Tenements and Hereditaments so to be sealed or granted and after the determination thereof Then also of the same Mannors Lands Tenements or Hereditaments so to be leased or granted to such uses and intents as they the said L G. c. should have stood or been thereof seized by the purport and true meaning of these presents if any such Lease or Grant had been thereof made and that of and for such estate and estates in such order and degree with the same Remainders and in such manner and form to all intents and purposes as they should have stood or been thereof seized by the purport and true meaning of these presents if no such Lease or Grant had been thereof had or made here followeth a Letter of Atturney for Livery of Seizin to the Feoffees c. and then a Proviso That if the said V. by his writing signed and sealed in the presence of 3 witnesses shall repeal frustrate and determine or declare to be determined all or any the uses aforesaid of or from the premisses or any part thereof that then and from thenceforth the said uses so to be determined or declared to be repealed for all such Lands and the uses thereof so to de declared determined shall be void and of none effect and that then the Feoffees shall thereof stand seized to the use and behalf of the said V. and his Heirs Then followeth a Covenant on the said V. S. part That if the estate of the premisses be not effectually conveyed him by force of from this Grant to the said Feoffees to the uses before-specified on this side the last day of c. next coming that then and from thenceforth the said V. and his heirs and all others to be seized of the premisses so not sufficiently conveyed shall be thereof seized to the uses above-specified and to such uses and with such Remainder as the said Feoffees or the Survivor of them should have stood seized thereof by the purport of
of the said Court unto all and every the Suters and Tenants of the said Mannor and that you warn them and every of them to be then and there present by eight of the clock in the fore-noon to give their attendance And that also at the time and place aforesaid you return before me a Jury of the Suters and Tenants of the said M. to enquire of such matters as shall be by me given to them in charge and hereof c. Given under my hand and seal c. An Indenture of Covenants between Executors THis Indenture made c. between E. C. of c. on the one part and W. A. of c. on the other part Whereas A.W. Widow late deceased Recital of the Bond. by her last Will and Testament in writing named ordained and constituted the said E.C. and W.A. to be Executors of the same her last Will and Testament as by the same Will and Testament amongst other things appeareth Now this Indenture witnesseth That it is mutually covenanted and agreed by and between the said patties to these presents in manner and form following And first the said E. C. doth covenant c. That he the said E. To renounce Executorship C. shall and will before the end of Michaelmas Term next ensuing the date hereof if he shall be thereunto required by the said W. A. his Executors or Assigns in due form of Law and at the costs and charges in the Law of the said W. A. his c. refuse and renounce his said Executorship And the said E. C. doth further covenant c. That neither he the said E. nor his Executors Not to meddle with the goods nor Administrators shall or will intermeddle with the Administration of any part of the Money Plate Debts Credits and other the Goods and Chattels of the said Testator without the consent of the said W. A. his c. but shall and will from time to time and at all times hereafter permit and suffer the said W. A. his c. to administer all such moneys debts credits and other the Goods and Chattels of the said Testator without the let trouble interruption or disturbance of the said E. C. his c. or of any other person or persons whatsoever lawfully claiming by from or under the said E. C. or by his means privity or procurement And also that neither he the said E. C. nor his Not to release a Creditor c. shall at any time hereafter make or cause to be made any release acquittance or other discharge to any person for or concerning any of the debts credits goods or chattels of the said Testator nor shall do or suffer or cause to be done or suffered any Act or Acts Thing or Things in or about the Execution of the said last Will and Testament without the assent consent and agreement of the said W. A. his c. And the said W. A. in consideration of all and singular the premisses doth covenant c. That he the said W. To save harmlesse A. his c. shall and will from time to time and at all times hereafter defend discharge and save harmless the said E. C. his c. against all and every person and persons whatsoever of for and concerning all and all manner of actions sutes and demands hereafter to be had made or brought against the said E. C. his c. for or by reason of the said Executorship or the said last Will and Testament And that the said W. A. his c. shall and will from time to time and at all times hereafter pay and satisfie unto the said E. C. his c. all such costs charges and expences as the said E. C. his c. To pay all charges shall at time hereafter be put unto for or by reason of any cause matter or thing touching or concerning the said Executorship or the said last Will and Testament of the said A.W. And the said W.A. doth covenant c. That he the said W. A. his c. To perform the Will shall and will well and truly fulfill accomplish and perform the said last Will and Testament of the said A. W. and well and truly content and pay all and every the Legacies gifts and bequests contained and specified in the same last Will and Testament according to the Tenor Purport and true meaning of the same In witness c. An Indenture in Consideration of a Marriage in lieu of Joynture THis Indenture made c. between M. F. of the one part and I. I. and I. F. of the other part Witnesseth That the said M. F. for and in consideration of a Marriage heretofore had and solemnized between the said M. F. and C. his now wife and for and in full satisfaction and recompence of such Joynture or Dower as she the said C. shall have or challenge out of or in or to all or any of the Messuages Lands Tenements or Hereditaments of the said M. F. in case the said C. shall survive and over-live the said M. F. And for the continuance setling and establishing of the said Messuages Lands Tenements and Hereditaments hereafter mentioned in the name blood and kindred of the said M. F. so long as it shall please Almighty God and for divers other good causes and considerations him the said M. F. hereunto moving doth covenant c. That he the said M.F. and his heirs and all and every person and persons and their heirs now standing or being seized or which at any time hereafter shall stand or be seized of or in all that Capital Messuage with the Appurtenances commonly called or known by the name of H. in B. aforesaid in the said County of S. in the tenure or occupation of the said M. F. or his Assigns and of and in all and singular the Lands Tenements Meadows Pastures Feedings Commons Woods Under-woods and Hereditaments whatsoever with their and every of their Appurtenances to the said Capital Messuage or Tenement belonging or appertaining or to or with the same at any time heretofore used occupied or enjoyed as part parcel or member thereof To stand seized shall and will from henceforth stand and be seized thereof and of every part and parcel thereof to the uses intents and purposes hereafter mentioned That is to say to the use and behoof of the said M. F. and C. his wife and their Assigns for and during their naturall lives The Uses and the life of the longer liver of them without impeachment of or for any manner of wast and from and after the decease of the Survivor of them the said M. and C. then to the use and behoof of the Heirs of the body of the said M. F. and C. lawfully begotten and for default of such issue then to the use and behoof of the right heirs of the said M. for ever And the said M.F. doth further covenant c. That he the said M.F. To
good by any other his writing by him to be sealed acknowledged and inrolled or sealed and subscribed as is aforesaid to limit create appoint and declare of for and concerning the said Mannors Lands Tenements Hereditaments and premisses or any of them any new or any other use or uses to the same or any other person or persons whatsoever And that then and after such new limitation the said Recovery and Fine respectively shall be and enure and the said Recoverors and parties takers by the said Recovery and the said Cognizees of the said Fine and the parties takers thereby and their heirs and all and every person and persons who then shall be and stand seized of and in the premisses or any part thereof whereof such new use shall be declared created raised limited or appointed and his and their heirs shall respectively stand and be seized of the same premisses or such part thereof whereof such new use or uses shall be declared limited or appointed to such use and uses of such person and persons to whom such other or new estate or estates use or uses shall be so newly declared created raised limited or appointed and of and for such estate and estates and in such manner and form and by or under such Limitations Conditions and Provisoes as shall be so newly appointed expressed or declared and for want of such declaration or new limitation so to be made after any such Revocation Then the said Recovery and Fine touching such of the premisses whereof no such Declaration limitation or appointment of use shall be made shall be and enure to the only use and behoof of the said T. Lord W. his Heirs and Assigns for ever any matter or thing whatsoever herein before contained to the contrary thereof notwithstanding But it is and alwayes was the intent of all the parties to these presents That no Revocation or new Limitation should or shall any way frustrate or make void any Lease No new Declaration to hinder an Estate granted before Revocation Estate Rent or Charge made granted or charged or to be made granted or charged of or upon the premisses or any parcel thereof for valuable Considerations of money borrowed or received of the said T. Lord W. by vertue or force of any former Proviso in these presents expressed but that the same and every of them shall stand good according to the purport and meaning of them and every of them notwithstanding any such Revocation or new Limitation futurely to be made In witness c. A Covenant to settle Lands for natural affection THis Indenture made c. Between R.D. of c. on the one part and T. D. and E. S. of c. on the other part witnesseth That the said R. D. as well for the natural love and affection which he beareth towards W. D. Gentleman Son and heir apparent of the said R. D. and to the intent that the Marshes Lands Tenements and Hereditaments hereafter mentioned might be and remain to the uses intents and purposes hereafter in these presents expressed and declared and for divers other c. for himself his heirs and assigns doth Covenant and grant to and with the said T. D. and E. S. their heirs and assigns by these presents That he the said R. D. and his Heirs and all and every other person and persons that now is or are or that at any time hereafter shall be seized or estated of or in all and every part of that the Mannor of A. with the Rights Members and Appurtenances thereof in the said County of O. and of or in all or any Lands Tenements Meadows Pastures Feedings Commons Wayes Wastes Wast-grounds Hereditaments and Appurtenances whatsoever belonging to the said Mannor or reputed as part parcel or member thereof in A. aforesaid and whereof or wherein the said R. D. â—ow hath an Estate of Inheritance in Fee-simple shall thereof and of every part and parcel thereof immediately from and after the ensealing hereof stand and be seized thereof and of every part and parcel thereof to the several uses intents and purposes hereafter in these presents expressed limited and declared that is to say To the use and behoof of the said R. D. for the term of his natural life without impeachment of any manner of wast and after his death to the use of the said I. D. for the term of his natural life without impeachment of any manner of wast and after his decease to the use of the first Son of the body of the said I. D. lawfully to be begotten and of the heirs males of the body of the said first Son lawfully to be begotten And for default of such Issue to the use and behoof of the Second Third Fourth Ffth Sixth Seventh Eighth Ninth and Tenth Sons of the body of the said I. D. lawfully to be begotten respectively as they shall be in Seniority and age and of the heirs males of such Second Third Fourth Fifth Sixth Seventh Eighth Ninth and Tenth Sons lawfully to be begotten of his body the eldest son and his heirs being alway preferâ—ed before the younger Son and his heirs of his body And for default of such Issue to the use of every other the Sons of the said I. D. as they shall be in Seniority and age and of the heirs males of the Bodies of every such Sons lawfully to be begotten And for default of such Issue then to the use of M.D. Gentleman second Son of the said Sir R. D. for the term of his natural life without impeachment of any manner of wast and after his death to the use of the first Son proâ—â—e supra in the first Son then to the third Son in manner prout al. primam And for the default of such Issue then to the use of the right Heirs of the said R. D. for ever And to none other use intent or purpose whatsoever with the same clause of Revocation as is mentioned in the last president In witness c. A Condition of a Counter-Bond THe Condition c. That whereas the above-named N.B. at the special instance and request of the above-bounden C. D. for the proper debt of the said C. D. and as his surety by obligation bearing date with these presents standeth joyntly and severally bound together with the said C.D. unto E.F. of c. in the sum of c. with Condition thereupon endorsed for the payment of 100 pound of c. to the said E.F. or to his certain Attorney his Executors or Assigns at c. upon c. as in and by the said Obligation and Condition more at large appeareth If therefore the said C. D. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid unto the said E. F. or his Assigns the said Sum of c. at the day and place aforesaid and also from henceforth save and keep harmless the above named A. B. his heirs c. of and from the
and upon the said several Writs of Entry Sur disseisin en le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and Premisses before mentioned and of every part and parcel thereof with the Appurtenances And that full Execution and Seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the execution of the said Recoveries stand and be seized and be adjudged deemed and esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their Appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such Issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth further Covenant promise and grant to and with the Right Honourable E. Lord G. and I.S. their Heirs and Assigns and to and with every of them by these presents in manner and Form following that is to say That he the said C. Lord. S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and Premisses and of every part and parcel thereof with the Appurtenances of a good sure perfect lawful and indefeasible Estate in Fee-simple or in Fee-tail to himself and the heirs of his body without any Reversion or Remainder of the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat determine or make void the same And that he the said Lord S. hath full power good right and lawful and absolute authority in his own proper right by these presents to raise limit and appoint all and every the foresaid several Uses and Estates before mentioned and that all and singular the Premisses and every part and parcel thereof with their and every of their Rights Members and Appurtenances now are and be and so from time to time and at all times for ever hereafter shall and may continue stand remain and be to all and every the several uses intents and purposes before in and by these presents limited expressed appointed and declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended and kept harmlesse of and from all and all manner of former and other Gifts Grants Bargains Sales Leases Estates Joyntures Dowers and Titles of Dowers and of and from all Rents and Arrerages of Rent-Annuities and Arrerages of Annuities Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Fines Forfeitures Issues Amerciaments Intentions Principal Seizins Liveries Wills Entails Limitations of use or uses and of and from all other Titles Troubles Arrerages Charges Claims Demands and Incumbrances And the said C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth likewise further Covenant promise and grant to and with the said E. Lord G. c. their Heirs and Assigns and to and with every of them by these presents That he the said Lord S. and his Heirs shall and will from time to time and at all times hereafter within the space of seven years next ensuing the date of these presents at and upon every reasonable request and at the only proper costs and charges in the Law of the said Lord S. and his heirs further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered all and every such further and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assuring surety and sure-making setling and conveying of the said Mannors c. premisses and of every part and parcel thereof with the appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof in and by these presents limited expressed appointed and declared be it by Fine or Fines Recovery or Recoveries with single double or more Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrollment of these presents or by any other wayes or means whatsoever as by the said E. Lord G. and I. S. their Heirs and Assigns or by any of them or by their or either or any of their Council learned in the Law shall be reasonably advised devised or required And finally The said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God to be had and solemnized between him the said C. Lord S. and the said D.L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself his heirs and assigns and for every of them Covenant promise grant and agree to and with the said E. Lord G. and I. S. their Heirs and Assigns and to and with every of them by these presents That he the said C. Lord S. and his Heirs and all and every other person or persons that now be or which hereafter shall stand or be seized of any Estate of Inheritance of the said Mannors Lands Tenements and Premisses or any part thereof shall and will stand and be
seized of so much and such part and parcel of the said Lordships Mannors and Premisses as either in respect of not making and naming the right Tenant of the Free-hold in the severall Writs of Entry aforesaid or in respect of any other legal defect shall not be by the severall and Recoveries aforesaid well and sufficiently assure and settle to the several uses before in and by these presents expressed to the severall and respective uses intents and purposes hereafter in and by these presents expressed appointed and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his assigns for and during the Term of his naturall life without impeachment of or for any manner of wast and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her Assigns for and during the term of his natural life and from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever In witnesse whereof to one part of these present Indentures remaining with the said E. Lord G. Dame I. his wife D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed and set their severall hands and seals and to one other part of these present Indenture remaining with the said W.N. and A. T. the said C. Lord S. E. L. G. Dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals and to one other part of these Indentures remaining with the said C. Lord S. the said W.N. A.T. E.L. G. Dame I. his wife D. L. and I.S. have interchangeably subscribed and set their several hands and seals the Day and Year first above-written Anno Dom. A Condition to save harmless where one Attorns Tenant with a Covenant to grant a Lease when the premisses are setled in the Obligee THe Condition of this Obligation is such That whereas the within named I. S. hath attorned Tenant and doth and is contented to pay his Rent being Eleven pounds ten shillings per annum unto the within bound T. S. his heirs or assigns for the Messuage or Tenement with the Appurtenances wherein the said J.S. now dwelleth scituate near W. London If therefore the said T.S. his Heirs Executors Administrators or Assigns do from time to time and at all times hereafter clearly acquit discharge or sufficiently save harmless and indemnified the said J. S. his Executors Administrators and Assigns goods and chattels as well against one R. N. of the Parish of Saint G. in the Fields in the County of M. gent. and K. his wife and against the Heirs and Assigns of the same K. also against all and every other person and persons whatsoever of for from touching and concerning all such and so much Rent as he the said J. S. his Executors or Assigns hath already paid or shall hereafter pay to the said T. S. his heirs or assigns for the Tenement aforesaid with the Appurtenances and also of and from all Actions Suits Charges Distresses Forfeitures Judgments Executions and all other Damages Troubles and Incumbrances whatsoever that shall or may arise or grow or be had commenced or prosecuted against the said J. S. his Executors Administrators or Assigns by reason of paying the said Rent or any part thereof unto the said T. S. his Heirs or Assigns or by reason of occupying of the said Tenement And further If in case the said T. S. his heirs or assigns do or shall quietly hold and enjoy the possession of the Tenement aforesaid with the appurtenances amongst other things as he the same T. now doth for and during the space of two years next coming after the date within written without any further new Suit Then if the said T. S. his heirs or assigns do within one month next after the end and expiration of the said term of two years or after such time as the estate of the premisses shall be perfectly setled in the said T. or his heirs at the reasonable request and at the costs and charges in the Law of the said J. S. his Executors or Administrators by good lawfull and sufficient Indenture of Lease in due form of Law to be had made and executed Demise grant and to Farm-let unto the said J. his Executors Administrators and Assigns all the said Messuage or Tenement with the appurtenances wherein the said J. now dwelleth as aforesaid for so many years as will make up the remainder of the term of years in his former Lease granted full Twenty and one years and under the yearly Rent of Eleven pounds ten shillings quarterly to be paid to the said T. his heirs or assigns or within one and twenty dayes next after every Quarter-day by even portions and with such other reasonable Covenants therein to be contained as are commonly used in such like Leases That then this present Obligation shall be void and of none effect or else it shall stand and remain in full force strength and vertue A Condition to save harmless an Executor for payment of several Legacies to Orphans with a Covenant to see the same Legacies disposed to the best advantage for the Legatees THe Condition of this Obligation is such That whereas M.D. late of St. J. street in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the Tenth day of M. in the Year of our Lord God One thousand six hundred and fourteen did amongst other Legacies and Bequests give and bequâ—ath unto M. T. and A. T. Daughters of the within-bound T. T. Five shillings a piece of lawfull money of E. as by the sâ—me Will more at large appeareth Which said Sums of five shillings a piece the within named I. S. Executor of the last Will and Testament of the said M. D. hath at the Request of the said T. T. at and before the ensealing and delivery hereof paid and disbursed to the said T.T. for the use and behoof of his said Daughters M. and A. If therefore the said T. T. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said I. S. his Executors and administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said M. and A. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment of the said Sums of five shillings a piece to the said T. T. their Father
and prosecuted against the said T. M. before Sir John Vaughan Knight c. the Kings Majesties Justices of the Court of Common Pleas at Westminstor according to the usual order and form of Recoveries heretofore used the Mannor of L. with the appurtenances and divers other Lands c. lying in the Parishes c. in the County c. at the time of the said Recovery had being the inheritance of the said T. M. other than such Messuages and Lands as the said T. lately purchased of one P.S. by the names of c. Now this Indenture witnesseth That it is covenanred condescended to concluded and agreed between the said parties to these presents in manner and form following That the intent and true meaning of all the said parties now is and at the time of the said Recovery so had and suffered was that the said Recovery should and shall be and enure and construed to be and enure And that the said A. T. and his heirs immediately from and after the said Recovery so had and executed should and shall stand and be seised of the said Mannor and all other the Lands Tenements and Hereditaments with the appurtenances in the said Recovery meant and intended to be comprised to the only uses and intents hereafter by these presents set forth and declared and to none other uses intents or purposes whatsoever That is to say to the use of the said T.M. for the term of his natural life and after his decease then to the use and behoof of the eldest Son of the said T.M. begotten or to be begotten on the Body of M. the intended Wife of the said T. M. and the heirs males of the Body of the said eldest Son and for default of such Issue to the right Heirs of the said T.M. for ever A Proviso for Revocation of uses PRovided alwayes That if the said T. M. party to these presents shall at any time during his natural life intend or be willing to alter change revoke or make void the said Estates Remainders Uses and Limitations before in these presents mentioned or any of them c. and shall by any writing or writings under his hand and seal in the presence of two credible witnesses at the least signifie and declare That his mind and intent is to alter change revoke or make void the Uses c. That then and at all times after such writing and writings shall be so signed and sealed all the said Estates Uses c. before in these presents specified and declared and in the said writing or writings mentioned shall from thenceforth cease determine be revoked and utterly for ever void And that then and at all times after he the said A. T. his Heirs and Assigns and all and every other person and persons whatsoever which shall be then seifed of the said Premisses with their Appurtenances or any part or parcell thereof shall stand and be seised thereof or of so much thereof as shall be mentioned and contained in the said Writing or Writings of Revocation to the onely use and behoof of the said T. M. his Heirs and Assigns for ever or to such other uses intents or purposes as in the said Writing or Writings of Revocation shall be limited appointed and declared and to none other use intent or purpose whatsoever any thing before specified to the contrary in any wise notwithstanding In witness whereof c. An Indenture to lead the uses of a Fine and Recovery had and suffered THis Indenture made c. Between A. M. of c. and J. B G. B. of c. of the one part and R. C. of c. on the other part Whereas the said A. M. being seifed in his Demesne as of Fee of and in certain Messuages Lands Tenements and Hereditaments with the appurtenances scituate lying and being in W. in the County of C. and it having been agreed between the said A. M. and the said R. C. that for a valuable Consideration of money to the said A. to be paid by the said R. the said A. should convey the same to the said R. and his Heirs in such manner as the Councel Learned of the said R. should advise or reqâ—â—â— And whereas by advice of the said Councel Learned of the said â— he in Easter-Term last past before the date hereof in the Court of Common Pleas at Westminster did commence prosecute and bring one Writ of Entry Sur Disseisin in le Post against the said R. C. demanding thereby one Messuage two Gardens c. with the appurtenances in W. aforesaid unto which the said R. did appear and did vouch to Warranty the said A. M. who being then present in Court the said Vouchee in proper person vouched over one L. M. whereby a good and perfect Common Recovery of the said Premisses with double Voucher according to the form of Common Recoveries in such cases used was due in form of Law suffered and executed And whereas the said R. in Easter-Term aforesaid by advice of the Councel of the said R C. did levy and knowledg in due form of Law before his Majesties Justices of his Highnesse said Court of Common Pleas unto the said R. C. and his Heirs one Fine Sur Conusance de droit come ceo c. with Proclamation thereupon had according to the Form of the Statute in that behalf made and Provided as in and by the said Fine and Recovery relation being thereunto had more sully and at large may appear Now This Indenture Witnesseth That the said J. B. G. B. and A. M. and every of them for themselves their Heirs Executors Administrators and Assigns and for every of them do covenant grant declare and agree to and with the said R. C. his Heirs and Assigns and to and with every of them by these presents That the said recited Fine and Recovery and the Recoveror and Recoverors therein named and their Heirs and Assigns and the Heirs of the Survivor of them and all other person and persons which now are or shall be seised of the said recited Premisses and every part and parcell thereof shall thereof stand and be seised to and for the onely use and behoof of the said R. C. his Heirs and Assigns for ever and to and for no other use intent or purpose whatsoever In witness whereof c. Revocations of Uses in former Indentures mentioned according to the power thereby given THis Indenture made c. Between E.S. of S. in the County of M. Esq of the one part and R.H. T.T. J.B. and H.H. of the other part Witnesseth That whereas the said E.S. did heretofore by his Indenture bearing date c. made between him the said E.S. of the one part and J.O. of P. in the said County of L. Esq on the other part Covenant grant and agree to and with the said J.O. his Executors and Administrators That he the said E. and his Heirs in such manner and form as by the said recited Indenture
or from the said Mannor or any of the Lands Tenements and other the aforesaid premises without any fraud or covin of the said R. D. and B. or either of them their Heirs or Assigns by reason of any Right Title Estate of Interest to be had or made by R. W. the Grand-father or I. W. the Father of the said I. or the said I. or by any other person or persons claiming in by or under their or any of their Estates Titles or Interests That then he the said I. his Heirs Executors or Administrators or some of them shall and will within six moneths next after such eviction so to be had of the said Mannor or of any other the premiles or any part or parcel thereof upon reasonable request to be made at or in the c. well and truly pay or cause to be paid unto the said R. D. and B. their Heirs and Assigns for every Acre five pound and so after that rate and rate-like and that without fraud covin or further delay In witness c. An Indenture to lead the use of a Fine THis Indenture made the c. between F. G. of c. of the one part and R. VV. of c. of the other part VVhereas it is condescended unto and agreed between the said F. G. his Heirs c. and the said R. VV. his Heirs c. that the said F. G. his Heirs shall from time to time during two years next ensuing the date of these Indentures do cause suffer and make such assurance of his Mannors of M. and S. in the County of D. and the Advowson of the Church of A. and of all his Lands Tenements Rents Reversions Services and Hereditaments whatsoever in M. and D. in the County of D. in such manner and form as by the said R. VV. his Heirs and Assigns or his or their Council learned in the Law shall be reasonably devised advised or required at the Costs and Charges of the said R. VV. Now witnesseth this Indenture That the said R. VV. hath devised that the said F. G. at the term of Saint Hillary next ensuing the date above-written shall levy and acknowledge one Fine c. of the said Mannors Lands Tenements Advowsons and all other the premises to the said R. VV. and his Heirs in due form of Law which Fine so to be had levied and executed touching and concerning the said Mannor of M. c. and all the Lands Tenements Meadows Leasows Pastures and Hereditaments with the appurtenances to the said Mannor of M. c. belonging to the said F. G. for himself and his Heirs doth covenant and grant to and with the said R. VV. by these presents shall stand and be to the use of the said F. G. during his life without impeachment of waste and after his Decease to the use of the said R. VV. and D. his wife and of the Heirs of the said R. on the body of the said D. lawfully begotten and for default of such Issue to the right Heirs of the said R. VV. for ever And which Fine to be levied and executed touching and concerning all the residue of the premises the said F. G. for him and his Heirs doth covenant and grant to and with R. VV. by these presents that the said Fine shall stand and be to the use of the said F. G. and I. now his wife and the Heirs of the said F. upon the Body of the said I. begotten And for default of such Issue then to the use of the said R. VV. and D. and of the Heirs of the Body of the said R. and D. between them lawfully begotten and for default of such Issue then to the right Heirs of the said R. VV. for ever In witness c. An Indenture of Demise of divers Lands c. in consideration of a sum of Money paying a Pepper-corn yearly THis Indenture made the third day of May 1649. c. between Sir T. B. of D. in the County of c. Knight and Baronet and M. H. of D. aforesaid Gentleman Servant to the faid Sir T. B. of the one part and Sir W. T. of C. in the County of N. Knight of the other part Witnesseth That the said Sir T. B. and M. H. as well for and in consideration of the sum of c. of lawful money of England to them in hand paid before the ensealing and delivery hereof by the said Sir W. T. whereof and wherewith the said Sir T. B. doth acknowledge himself satisfied contented and paid and thereof and of every part and parcel thereof doth acquir and discharge the said Sir W. T. his Heirs Executors and Administrators and every of them by these presents as also for divers other good Causes and Considerations them hereunto moving Have demised granted and to farm-letten and by these presents do demise grant and to farm-let unto the said Sir W. T. his Executors Administrators and Assigns all those several Closes or parcels of Land Meadow Pasture and Arable called or known by their several Names following That is to say one Close or parcel of Ground called D. containing by estimation c. Acres be the same more or less and one other Close or parcel of Land called E. containing by estimation c. Acres be the same more or less And one Close or parcel of L. and called C. containing by estimation c. Acres be the same more or less c. All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Parishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part or parcel of the Mannor of H. alias H. aforesaid And also all singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture Waters Fishings Woods Underwoods Trees Bushes Fences Free-boards Wayes Easements and all other Rights Jurisdictions Priviledges Franchises Liberties Profits Conditions Emoluments and Hereditaments whatsoever growing arising being coming or issuing in upon or out of the premises and every part and parcel thereof or to the same or any part thereof belonging or appertaining To have and to hold all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances unto the said Sir W. T. his Executors Administrators and Assigns from the first day of May last past before the date hereof unto the full end and term of One thousand years from thence next immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir T. B. his Heirs or Assigns one Pepper-corn at the Feast of Saint Michael the Arch-angel only if the same be lawfully demanded And the said Sir T. B. and M. H. for them their Heirs and Assigns do joyntly and severally covenant grant and agree to and with the said Sir W.
demised granted set and to farm-letten and by these presents do c. unto the said H. T. all that their Burgage Messuage and Tenement with the appurtenances scituate lying and being in P. aforesaid upon the East-side of a certain Close there commonly called the c. late in the tenure of c. and also all that Shop c. and all and singular other the Houses Edifices Buildings Barns Stables Shops Rooms Losts Folds Courts Yards Back-sides Curtillages Commons Common of Pasture and Turbury wayes Waters Easements Liberties Profits Commodities Emoluments Advantages and Appurtenances whatsoever to the said Messuages Burgage or Tenement or Shop or any of them or any part or parcel thereof belonging or in any wise appertaining or heretofore c. To have and to hold the said c. to the said c. from and after the end and expiration of one Lease heretofore made c. of the said premisses unto J. T. late Father of the said H. T. for the term of c. yielding and paying therefore yearly during the said term unto the said Bayliffs for the time being and their Successors to the use of the said Mayor Bayliffs and Burgesses and their Successors the annual or yearly Rent of c. at the Feast of c. only during the said term or within c. next after the same if it be lawfully demanded either by publick notice or otherwise for all manner of Rents Boons Duties Sutes Services and Demands whatsoever and if it shall happen the said yearly Rent of c. that then and from thenceforth it shall be lawful to and for the said Mayor Bayliffs and Burgesses theirs c. into the said demised premisses c. and the distress or distresses c. until such time as the said Rent c. be fully satisfied and paid unto the said Mayor Bayliffs c. and if no sufficient distresse may or can be found in and upon the said demised premisses or any part thereof to satisfie the said Rent with the arrerages thereof or that the said Bayliffs for the time being be interrupted or hindered to distrain for the same that then and from thenceforth it shall and may be lawful to and for the said Mayor Bayliffs and Burgesses their Heirs and Successors or any of them into the said demised premisses or any of them with the appurtenances to re-enter and the same to have again re-possess and enjoy as in c. this present Indenture or any thing c. Covenant for reparations and to leave it so Proviso That in case of non-payment of the Rent or if the premisses shall be assigned to any person not dwelling or inhabiting within the said Burrough or Town and who is not a free Burgess of the said Town that then and from thenceforth c. Provided further and upon this condition That if it shall happen the said H. T. to dye without issue male of his body lawfully to be begotten before the commencement of these presents and before the payment of c. being the consideration agreed upon to be paid for the same then if R. T. of c. or the issue male of his body lawfully begotten or J. T. or the issue male of his body lawfully begotten do pay to the said Mayor Bayliffs and Burgesses for the time being their Heirs and Successors the said sum of c. in manner and form as aforesaid and also 20 l. to the issue female surviving of the said H. T. if there be any such then living within one year then after their or either of their entry that then and from thenceforth the said R. T. shall be interessed in these presents to him and the heirs males of his body lawfully begotten and for default of such issue to the said J. T. youngest brother of the said H. and of the heirs males of his body lawfully begotten he the said J. T. or his issue male paying the said sum of c. to the said Mayor Bayliffs and Burgesses and the said sum of c. to the issue male of the said T. H. in such manner and form as is herein expressed limited and appointed and for default of such issue then to the Heirs and Assigns of the said H. during the residue of the said term In witnesse c. A Lease for Three Lives with a Letter of Attorney to take and give possession THis Indenture made c. between c. witnesseth That the said c. for and in consideration of c. doth demise c. all that his Messuage and Tenement with the appurtenances and all and singular Shops Cellars Sollers Chambers Rooms Entries Wayes Yards Back-sides Lights Easements Profits and Commodities whatsoever to the said Messuage or Tenement belonging or appertaining or to or with the same used occupied or enjoyed late in the tenor c. scituate c. Habend the said Messuage or Tenement and other the premisses with the appurtenances to the said c. and to his Assigns for and during his natural life the remainder thereof to the said F. his Wife and to her Assigns for and during the term of her natural life Yielding c. during the said term or estates and every or any of them unto the said J. his Heirs and Assigns the Rent of c. at the c. by even and equal portions and yielding and paying therefore also unto the said J. his c. for and upon any alienation demise or grant of the premisses or of the greater part of them and for and upon any change of Tenant or Tenants of the premisses during the said term or estates or any of them the Summe of c. toties quoties for every change alienation or demise in the name of a fine for alienation the same fine or fines to be paid to the said c. at the Messuage or Tenement aforesaid within the space of c. next ensuing the first of the Feasts aforesaid which shall next come or happen to be after any such alienation c. of the premisses or the greater part thereof A Covenant that they the said H. P. his Wife and S. their c. or some of them shall or will at or before the c. expend disburse and lay out in upon or about the building repairing strengthening or bettering of the said Messuage or Tenement with the appurtenances and other the demised premisses the Summe of c. at or before the Feast of c. Provided alwayes That if it shall happen the said yearly Rent of c. or the said fine or fines that shall grow due c. at any time during the life of c. to be behind and unpaid in part or in all by the space of c. next after c. or if the demised premisses or any part thereof shall be in decay or unrepaired by the said space of c. next after notice given that then the estate of the said H for and during his natural life shall
said W. F. his heirs and assigns into the said premisses to re-enter and the same to have again as in and by the said recited Indenture c. appeareth And whereas the said W. F did not pay nor cause the said Sum of 50 l. to be paid neither is the same yet paid unto the said T. F. according to the Proviso or Condition in the said recited Indenture of Lease mentioned by reason whereof all the said Messuage and Premisses became absolutely forfeited unto the said T. F. for all the said term of 500 years in the said recited Indenture mentioned Now these presents witness That the said R. F. being Son and Heir of the said W.F. deceased for and in consideration of the Sum of 28 l. more of currant money of E. to him in hand paid c. and for other good causes and considerations him moving hath and hereby doth absolutely grant ratifie and confirm the aforesaid Lease and all the Estate and term for years therein and thereby demised and granted or mentioned to be demised and granted And also doth hereby fully and absolutely release the said Condition and assure all and every Condition and Conditions whatsoever in the said recited Indenture of Lease contained And also the said R.F. for the consideration aforesaid doth hereby grant demise confirm and unto the said T.F. his Executors Administrators and Assigns the aforesaid Messuages or Tenement Cottage Closes Lands and all other the premisses for all the foresaid term and number of 500 years by the said recited Indenture of Lease demised or thereby mentioned to be demised and doth also hereby grant and release unto the said T. F. his Executors and Assigns the aforesaid yearly Rent of 1 l. by the said recited Indenture reserved and all the arrerages thereof To have and to hold all the said Messuage or Tenement Cottages Closes Lands and all other the premisses with their and every of their appurtenances in the said recited Indenture mentioned and the said yearly rent unto the said T.F. his Executors Administrators and Assigns for and during all the rest and residue of the said term and number of 500 years in the said recited Indenture of Lease mentioned and now to come and unexpired freely and absolutely without any Proviso or Condition whatsoever Cum Covenantis proprecata fruitione ab Incumbram ulterior Assurand In witnesse whereof c. An Indenture upon Marriage and for setling Lands to uses and a Declaration of a Fine lovied to those uses THis Indenture made c. between J. S. Esq second Son of the Right Honourable H E. of W. on the one part and A. Lady D. of c. and Sir T. W. of c. on the other part Whereas the said E. and A. his wife Recital of being seized in the County of W. are now seized for the term of their lives and for the life of the longer liver of them of and in all that the Mannor of G. and the Lands Tenements and Hereditaments called C. P. and of the Burrough of C. and of the Advowson and free gift of the Parsonage of the Church of C. with all and singular the rights members and appurtenances thereof in the C. of D. and of divers Messuages Lands Tenements Rents Woods Wood grounds and hereditaments to the said Mannor and premisses belonging or appertaining without Impeachment of wast the Reversion or Remainder thereof to the said J. S. and the heirs of the body of the said J. S. lawfully to be begotten And for want of such Issue the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heirs of the said C. for ever Recital of the Marriage And whereas there is a Mareiage by Gods Grace intended shortly to be had and solemnized between E. Lord H. Son and heir apparent of the said E. and C. and E.D. sole Daughter of the said A. Lady D. they the said E. and C. and the said J. S. for settling of the Inheritance of the said M. and premisses to the uses hereafter expressed and declared have this present time of the holy Trinity in the year above-said acknowledged and levied one Fine in due form of Law before his Majesties Justices of his Court of Common-Pleas at Westminster Recital of the Fine unto the said A. Lady D. and Sir T.W. and to the heirs of the said A. Lady D. amongst other Mannors Lands Tenements and Hereditaments in the said Fine contained of and for all that the said Mannor of C with the appurtenances And of all Lands Tenements Meadows Pastures Feedings Commons Woods Wood-grounds Wasts Moors Heaths Liberties Franchises Jurisdictions Advowsons Presentations Emoluments and Hereditaments whatsoever to the said Mannor and premisses or any part or parcel thereof belonging or appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof or any part thereof And whereas the said E. and C. by Indenture tripartite under their Hands and Seals dared with these presents have expressed and declared that the said Fine so levied of and for the said Mannor of C. and premisses herein contained should be and enure to the use and behoof of them the said E and C. for and during the term of their two lives and the life of the longer liver of them without Impeachment of or for any manner of wast and from and after their decease and of the Survivor of them the remainder thereof to the use of the said E. Lord H. during the term of his natural life and from and after hiâ— decease the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the remainder thereof to the right heirs of the said C. as by the said Fine and recited Indenture purporting and declaring the use aforesaid it doth and may appear Now this Indenture witnesseth Intention of Parties and it is hereby covenanted concluded declared and agreed by and between all the parties to these presents and the true intent and meaning of the said J S. and of all the parties to these presents and to the said Fine at the time of levying thereof for and concerning the said Mannor of C. with the rights members and appurtenances thereof was and now is that the said Fine should be and enure and hereby and by all the parties to these presents is declared and expressed to be and enure and the Cognizees of the said Fine and their heirs shall stand and be seized of the said Mannor of C. with the rights members and appurtenances thereof To the uses intents and purposes hereafter expressed limited and declared that is to say The Uses To the use and behoof of them the said E. and C. for and during their two lives and the life of the longer liver of them
without Impeachment of any manner of wast And from and after their decease and of the Survivor of them the Remainder thereof to the use of the said E. Lord H. Son and Heir apparent of the said E. for and during the term of his natural life And from and after his decease the Remainder thereof to the heirs males of the body of the said E. Lord H. to be begotten on the said E. D. his intended Wife and in default of such heirs males then to the use of the heirs of the body of the said E. Lord H. to be begotten on the body of the said E. D. the Remainder thereof to the right heirs of the said C. and to none other use intent or purpose Provided alwayes Provise to make Leases and the true intent and meaning of all the parties to these presents is and was at the time of levying the said Fine That it shall and may be lawful to and for the said E. and C. during their joynt lives and for the Survivor of them at all times and from time to time to make any lease or leases of all or any of the said Mannor and Premisses or any part or parcel thereof to any person or persons for 21 years in possession or under or for three lives in possession or under and not otherwise or in other manner so as upon every such Lease so to be made the usual and old accustomed Rent or more be reserved and appointed to be payable yearly during the said term or terms to such person or persons as by force of these presents or of the said Fine or recited Indencure or any of them shall or ought after the decease of the said E. and C. to have the immediate Reversion or Remainder thereof In witnesse whereof c. A Declaration of the use of a Fine and Recovery THis Indenture made c. between the Right Honourable T. L. W. on the one part and the Right Honourable W. L. P. Sir N. F. and T. A. on the other part VVhereas The recital of the Fine and Recovery c. reciting a Fine and Recovery suffered in the Term of c. of these Mannors c. by the name or names of c. Now this Indenture witnesseth That the true intent and meaning of the said L. Lord W. and of the said Recoveror and of all the parties to the said Recovery and every of them and to these presents before and at the several and respective times of the suffering of the said Recovery for touching and concerning the said Mannors Lands Tenements Hereditaments and premisses and every of them The intent of the Parties at the execution of such Fine and Recovery whereof the said Recovery was suffered and had alwayes was and now is That the said Recovery should and shall be and enure and be construed adjudged deemed and taken to be and enure and that the said Recoverors and every of them and all the parties to the same and the party-takers thereby and their heirs and all and every other person or persons and his and their heirs who then were or now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and premisses or of any part thereof or any of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the appurtenances to the uses purposes and intents and under the Provisions Conditions and Limitations hereafter in these presents expressed specified limited and declared and to no other use intent or purpose And the said T. Lord W. doth hereby limit The Uses express declare and appoint that all the same Mannors Lands Tenements Hereditaments and premisses shall be and remain to the several uses purposes and intents hereafter in these presents expressed that is to say to the use and behoof of the said T. Lord W. and his Assigns for and during the term of his natural life without Impeachment of or for any manner of waste and from and afteâ— the decease of the said T. Lord W. then to the use of the said W. Lord P. Sir N. F. and T. V. their Heirs and Assigns for everâ— for and to this intent and purpose that they the said c. and the heirs and the Survivor and Survivors of them aâ— his and their heirs For payment of Debts shall and will bargain sell oâ— otherwise dispose of the same for and towards tâ— payment satisfaction and discharge of such Deâ—â— and Sums of money as the said T. Lord W. doth now owe 〈◊〉 which he shall owe at the time of his death to any person or persons and for the discharging of such person and persons as do noâ— stand or which at the time of the death of the said T. Lord W. shalâ— stand bound or engaged for or with the said T. Lord W. for the samâ— debts or sums of money or any of them and also for the satisfaction payment discharge of all such sum or sums which the said T. Lord W. hath or hereafter shall take up borrow or receive for 〈◊〉 consideration of which he hath heretofore granted or hereafter shall grant any Annuity or Annuities Rent or Rents-charge issuing or to be issuing or payable out of the same Mannors Lands Tenements Hereditaments and premisses or any of them or out of any of the Mannors Lands Tenements or Hereditaments of the said T. Lord W. in the Territories of England whereby the same Rent or Rents-charge shall and may be determined And also for and towards the payment and discharge of the Funeral charges and expences of the said T. Lord W. and of the Legacies and bequests which the said T. And Legacies Lord W. by his last Will and Testament in writing to be sealed subscribed and published by him before three sufficient witnesses shall give and bequeath to any person or persons or to any use or uses or so much of such sum and summes of money debts Funeral expences and Legacies as the value of the said Mannors Lands and Tenements to be sold as aforesaid shall amount unto The disposal of the over-plus And that if any over-plus shall be of the value of the same Mannors Lands Tenements Hereditaments and premisses more than shall be or will be sufficient to satisfie and discharge all the same debts sums of money funeral charges Legacies and bequests that then the said c. their Heirs Executors or Administrators shall and will pay and deliver the same over-plus which shall remain of the Sale or value of the said Mannors Lands Tenements Hereditaments and premisses unto such person or persons to whom the said Lord W. shall by his last Will in writing in presence of two witnesses at least appoint the said Lands and premisses to come after his death And further upon this trust and confidence reposed in the said c. and their heirs that if the said person to whom the premisses
himself his Executors c. doth covenant and grant to and with the said C. P his Executors c. that he the said I. S. at the time of the ensealing and delivery of these present Indentures is solely rightfully and absolutely seized in his Demeasn as of Fee-simple to his own proper use and behoof without any manner of condition or limitation of any Use or Uses to alter change or determine the same of and in the said Mannors Messuages Lands Tenements Hereditaments and all other the Premises above named with their Appurtenances and of every part and parcel thereof And that he now hath full Power and lawful Authority to charge all and singular the same Premises with the Appurtenances and every part thereof to and with the said Annuity or yearly Rent c. in manner and form above declared And also that the said Mannors Messuages Lands Tenements and all other the Premises now are and so from time to time and at all times for and during the said term of forty years if the said R. and C or either of them shall so long live shall and may remain and continue liable sufficient and avert to and for Distresse and Distresses of the said A and of his Executors or Assigns as the case in that behalf shall require for and concerning the said yearly Rent and other the Premises and every part thereof And the said I. S. for himself c. that he the said I. S his Executors and Assigns shall and will from time to time and at all times hereafter for and during the space of five years next ensuing the date hereof at the reasonable request of the said C. P his Executors and Assigns or any of them at his or their or any of their proper costs and charges in Law do make knowledge and suffer or cause and procure to be done made knowledged and suffered all and every such further reasonable and lawful act and acts thing and things device and devices in the Law whatsoever for the further more better and perfect assurance surety and sure-making of the said Annuity or yearly Rent-charge of c. to the said C. P his Executors and Assigns for and during the said term of forty years if the said C. and R. do so long live according to the true intent and meaning of these presents as by the said C. P his Executors Administrators or Assigns or by any of them or by any of their Council learned in the Law shall be reasonably devised advised or required In witness whereof the Parties aforesaid to these present Indentures have not onely interchangeably set their c. but also the said I. S. hath given and delivered unto the said C. P. ten shillings current English money in the name of seisin of the aforesaid Annuity or yearly Rent-charge of c. before mentioned Dated the day and year above written An Indenture of Lease with extraordinary Covenant THis Indenture made c. between C. B. of c. of the one part and I. S. of Stretton in the County of c. witnesseth That the said C. B. for and in consideration of c. hath demised granted set and to farm-let and by these presents doth c. unto the said I. S. all that his Messuage or Tenement set lying and being in c. aforesaid together with all Houses Edifices Buildings Barns Yards Orchards Crofts Lands Meadows Pastures Feedings Commons Profits and Commodities whatsoever to the said Messuage or Tenement of right in any wise belonging lying within the Town or Fields of Stretton aforesaid All which Messuage or Tenement with all other the Premises are now in the Occupation of the said I. S. except and alwayes reserved out of this present Lease all manner of Trees growing or being in or upon the said Premises or any part thereof to have and to hold the said Messuage or Tenement with all Houses Edifices Buildings Barns Yards Orchards Crofts Lands Meadows Pastures Commons Profits and Commodities with their Appurtenances as is aforesaid except before excepted unto the said I. S his Executors c. from the day of the date of these presents unto the full end and term of 21 years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term unto the said C. B. and the Heirs of his body lawfully begotten and for default of such Issue to the right Heirs inheritable to the Premises the yearly Rent of c. at two of the usual Feasts in the year that is to say at the Annunciation of our Lady and St. Michael the Archangel by even and equal portions and doing service to the Court of the said C. B. his Heirs and others aforesaid at his or their Mannor of S. aforesaid as often as it shall be kept there at or upon reasonable summons or warning as other Tenants of the said Mannor do or should do And at the decease of the said I. S. and such his Assigns as hereafter by him shall be nominated or appointed dying Tenants of the Premises to pay his or their best Beast unto the said C. B and to such as the remainder or reversion of the said Mannor should come unto in the name of a Heriot And if it shall happen the said yearly Rent of c. to be behind or unpaid in part or in all by the space of c. next after any of the said Feasts at which it ought to be paid if it be lawfully demanded that then and from thenceforth it shall and may be lawful unto and for the said C. B. his Heirs c. and all and every other the person or persons above named to whom the Right thereof shall appertain as aforesaid into the said Messuage or Tenement and all other the Premises with the Appurtenances wholly to re-enter and the same to have again retain and re-possess as in his or their former estate this Indenture or any thing therein contained to the contrary in any wise notwithstanding And also it is covenanted and agreed that it shall and may be lawful unto the said I. S. and his Assigns to lop the Trees growing upon any parcel of the Premises heretofore lopped at all times convenient For Reparation for the necessary fencing of the Hedges And the said I. S. doth Covenant and Grant for him his Executors Administrators and Assigns by these presents to and with the said C. B. his Heirs Executors Administrators and Assigns and every of them That he the said I. S. and his Assigns shall and will make and do or cause to be made or done at his or their own proper costs and charges all and all manner of reparations in and upon the Premises before by these presents granted and letten from time to time when and as often as need shall require during the said term of c. and so well and sufficiently repaired shall in the end of the said term or other sooner determination of
of Dower of or in the said Mannors Lands Tenements and Hereditaments or of or in any part or parcel thereof at any time hereafter shall or may have or claim or prosecute against the said Sir D. VV. T. VV. and R. VV. nor any of them their nor any of their Heirs or Assigns but of and from the same shall be utterly debarred and for ever excluded by these presents In witness c. A Release from One that hath lost his Articles of Agreement BE it known unto all men by these presents That I E. W. of c. have remised released and quit-claimed and by these presents do for me my Heirs Executors Administrators and Assigns and every of us fully clearly and absolutely remise release and for ever quit-claim unto I. O. of c. his c. all and all manner of Actions Suits Plaints Pleas Process and Demands whatsoever which against the said I. O. I ever had now have or at any time hereafter shall or may have by reason or means of any Grant Covenant Contract Promise Bargain Clause or thing mentioned contained expressed or declared in or by certain articles of agreement indented bearing date c. made between the said I. O. on the one part and me the said E. W. on the other part touching or concerning the procuring of a Lease of a Field or parcel of Ground Arable Meadow or Pasture called the c. of the yearly Rent of c. lying c. which said Lease I do hereby acknowledge is procured and passed by the said I. O. according to my mind and desire and of and from all Bonds Bills and Writings Obligatory and all and every penalty sum and sums of money in them or any of them mentioned or contained wherein or whereby the said I. O. is and standeth bound unto me for the performance of the Covenants Grants Articles and Agreements in the said articles mentioned or contained I do acquit and discharge the said c. his c. for ever by these presents In witness c. A Form of a Will IN the name of God Amen The tenth day of c. I A. B. of c. being sick in body but of good and perfect memory thanks be to Almighty God and calling to remembrance the uncertain estate of this transitory life and that all Flesh must yield unto Death when it shall please God to call do make constitute ordain and declare this my last Will and Testament in manner and form following revoking and adnulling by these presents all and every Testament and Testaments Will and Wills heretofore by me made and declared either by word or writing and this to be taken onely for my last Will and Testament and none other And first being penitent and sorry from the bottom of my heart for my sins past most humbly desiring forgiveness for the same I give and commit my Soul unto Almighty God my Saviour and Redeemer in whom and by the Merits of Jesus Christ I trust and believe assuredly to be saved and to have full remission and forgivenesse of all my sins and that my Soul with my Body at the general day of resurrection shall rise again with joy and through the Merits of Christ's Death and Passion possess and inherit the Kingdom of Heaven prepared for his Elect and Chosen and my Body to be buried in such place where it shall please my Executors hereafter named to appoint And now for the setling of my Temporal Estate and such Goods Chattels and Debts as it hath pleased God far above my deserts to bestow upon me I do order give and dispose the same in manner and form following that is to say First I will that all those Debts and Duties as I owe in right or conscience to any manner of person or persons whatsoever shall be well and truly comented and paid or ordained to be paid within convenient time after my Decease by my Executors hereafter named Item I give and bequeath In witness c. An assurance of a Joynture to the Wife with Remainder in Tail THis Indenture made c. between H. V. of c. on the one part and L. L. c. and G. L. c. on the other part Witnesseth That as well for and in consideration of a Marriage already had and solemnized between the said V. and A. now wise of the said H. V. and Sister of the said L. and G. as for the great good will love and affection which the said H. hath and beareth to the said A. his wife and to the intent that the Messuages Lands and Tenements hereafter in these presents specified shall come and continue in the Issue of the said H. and A. in such sort manner and form as hereafter in these presents is expressed mentioned and declared It is covenanted granted condescended concluded and fully agreed upon by and between the said parties to these presents in manner and form following And the said H. V. for the consideration aforesaid doth covenant grant and promise for himself c. to and with the said L. L. and G. L. their c. by these presents That he the said H. V. his heirs and assigns and all and every other person and persons whatsoever shall stand and be seized of and in all and singular those his Messuages Lands Tenements Meadows Leasons Pastures and Hereditaments whatsoever with all and singular their appurtenances in the Parish Town and Field of C. aforesaid in the said c. which late were parcel of the possessions of the late dissolved Monastery of c. and now be or late were in the several Tenures and Occupation of c. and their assigns and the reversion and the reversions of the premises and every part and parcel thereof to the uses purposes and intents hereafter in these presents expressed and limited and to no other use intent or purpose whatsoever that is to say to the use and behoof of the said H. V. for the term of his natural life without impeachment of or for any manner of waste and after his decease to the use and behoof of the said A. V. now wife of the said H. V. for the term of her natural life and after the decease of the said H. and A. his wife then to the use and behoof of such of the Children between them the said H. and A. lawfully begotten as the said A. by her last Will and Testament or other Writing to be signed and subscribed by her the said A. in her life-time shall limit nominate and appoint And if no such limitation nomination or appointment shall be made by the said A. in her life-time then to the use of the Heirs of the Bodies of the said H. and A. between them lawfully begotten and for c. to the use of the right Heirs of the said H. V. for ever And further the said H. V. for himself c. doth Covenant c. to and with the said L. L. and G. L. their Heirs
Heirs of the said V. W. for ever And the true intent and meaning of these presents and of all the Parties hereunto upon the execution of these presents is and the special trust and confidence in them the said A. B. J. P. and J. G. their Executors Administrators and Assigns hereby reposed is hereby declared and agreed to be That if in case the said V. W. shall depart this life having no Issue male of his body upon the body of the said F. lawfully begotten or without leaving the said F. with Child of a Son who hereafter shall be born alive and having at the time of his decease one two or more Daughters of his body on the body of the said F. lawfully begotten then living or if there be one onely Daughter if she be not preferred in Marriage with Eight Thousand pounds portion or if there be two such Daughters and if they be not severally preferred in Marriage with One thousand pounds a piece or if there be three such Daughters if they be not preferred in Marriage with portions of One thousand Marks a piece as is hereafter mentioned Or if the said V. W. leaving the â—nd F. with Child of one or more Daughter or Daughters who sâ—all after be born alive that then the said A. B. J. P. and J. G. the Survivor and Survivors of them his and their Executors Administrators and Assigns out of the Rents Issueâ— and Profits of the said Messuages Cottages Closes Pastures Meadows Tenements Hereditaments and other the premises with the appurtenances so to them limited and appointed for Lives and Years as aforesaid shall raise and levy as soon as conveniently may be found for the portion of such Daughter if there be but one the sum of Two Thousand pounds of lawful c. to be paid to such onely Daughter her Executors and Assigns at her age of Eighteen years or day of Marriage which shall first happen or as soon as the said sum of Two Thousand pounds can be raised And if there shall be two such Daughters the sum of One Thousand pounds a piece Or if there be three Daughters then for the portions of the three Daughters the Sum of One thousand Marks a piece of current c. to be paid to them their Executors and Assigns severally and respectively at their several and respective ages of Eighteen years or dayes of Marriage which shall first happen or as soon as the same can be conveniently raised And upon this further trust and confidence and to the intent and purpose that if it shall happen the said V. W. die leaving one only Daughter or two or three Daughters of his Body on the Body of the said F. begotten then living or afterwards to be born as aforesaid And that the said onely Daughter shall happen to depart this Life before she accomplish her age of Eighteen years or day of Marriage or if there fortune to be two or more Daughters then if both or all the said Daughters die or depart this Life before either or any of them accomplish their several ages of Eighteen years or be married as aforesaid then the said several sums of money intended for the portions and advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levyed out of the Rents Issues and Profits of all or any the Premises all Charges and Expences being defrayed wherein full and liberal allowance shall be made and given shall be satisfied or paid to such person or persons as the said V. W. his Heirs or Assigns by any writing under his or their Hand subscribed in the presence of two or more credible Witnesses shall limit and appoint And in default of such limitation and appointment to the Executors or Administrators of the said V. W. and his Heirs And upon this further trust and confidence and to the intent and purpose that the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Executor and Assigns shall out of the Rents Issues and Profits of the aid Messuages Cottages Lands Tenements Hereditaments â—nd Tremises so to them limited for raising of portions as aforesaid with their and every of their appurtenances levy and pay or cause to be levied and paid to for the maintenance of such Daughter or Daughters as aforesaid if there be but one only Daughter the sum of 50 l. per annum and if there be two or three Daughters the sum of 30 l. per annum a piece until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years or shall be married and her or their portions paid as aforesaid Provided alwayes that it is the true intent and meaning of all the said Parties to these presents That if the said V. W. shall happen to depart this Life without any Issue Female of his Body upon the Body of the said F. begotten or without leaving the said F. with Child of one or more Daughters that shall be after born alive That then the Estate and Estates so limited as aforesaid to the said A. B. J. P. and J. G. for their Lives and after their Deceases to their Executors and Administrators for Sixty years shall cease determine and be utterly void Provided also that from and immediately after such time as the aforesaid A. B. J. P. and J. G. their Executors or Assigns shall or might have limited and raised the said several sums for portions and present maintenance of such Daughter and Daughters as aforesaid that the said Estate for Lives and Years limited to them in trust as aforesaid shall cease determine and be utterly void and the said Messuages Cottages Lands and Tenements and all and singular other the premises so to them limited as aforesaid in trust shall immediately go and be to such person or persons to whom the Rerversions or Remainder of the said Messuages Lands and Premises shall belong and appertain And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns and to and with every of them by these presents that the said Messuages Cottages Closes Meadows Pastures Tenements and Hereditaments and all and singular other the premises before by these presents 〈◊〉 â—ectively limited and appointed for the Joynture of the said 〈…〉 are and so from time to time and at all times hereafter 〈…〉 notwithstanding any act or default of the said V. W. 〈…〉 Assigns or any of them shall remain continue and be 〈…〉 F. and her Assigns of the clear yearly value of c. over 〈…〉 all Charges and reprizes Provided alwayes and upon 〈…〉 condition and to the further use intent and purpose 〈…〉 said V. W. happen to depart this Life leaving a Son of his Body on the Body of the said F. lawfully begotten and the said F. do him
survive and afterwards to inter-marry with any person or persons whatsoever that then from and immediately after the said Marriage as for and concerning one full fifth part in five parts to be divided of all and singular the said Messuages Lands Tenements and Hereditaments with the Appurtenances before hereby specified to be limited and appointed to and for the Joynture of the said F. aforesaid that the Use and Uses Estate and Estates thereof limited to the said F. shall cease determine and be utterly void and that from thenceforth they the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Heirs and Assigns shall stand and be seized of the full fifth part of the said Messuages Lands and Premises from and immediately after the inter-marriage of the said F. to the use and behoof of the said Son of V. W. on the Body of the said F. begotten for and during the term of the natural life of the said F. for her maintenance any thing herein contained to the contrary in any wise notwithstanding Provided also and upon this condition and so it is covenanted granted declared and agreed by and between all and every of the said Parties to these presents and their Heirs and Assigns respectively and it is the true intent and meaning of these presents That it shall and may be lawful to and for the said V. W. at any time hereafter during his natural life from time to time by one or more Indenture or Indentures under his Hand and Seal to lease demise set and to farm-let all and every or any of the said Mannors Messuages Lands Tenements Hereditaments and Premises with the Appurtenances which have been usually set and to farm-letten unto any person or persons whatsoever for the term of three Lives or for any number of years determinable upon one two or three Lives or for the term of One and twenty years or over or under in Possession and not in Reversion so as upon every such Lease and Demise the ancient and accustomed Rent or more or the Rent or the Rents now payable or paid or more over and besides Duties Heriots and Services due and accustomed be thereupon reserved and so as such Rents Duties Heriots and Services upon such Lease and Leases severally reserved shall and may be and continue due and payable unto him her or them respectively and successively unto whom the Reversion and Reversions and Remainder thereof is hereby limited and appointed as aforesaid Provided also and upon this further â—ondition and so it is covenanted and agreed by and between all and every the Parties to these presents That if at any time from and after the death of the said V. W. the said G. W. Son and Heir of the said V. W. or such other person or persons as shall be Heirs at Law of the said V. W. shall and do well and truly satisfie and pay or cause to be satisfied and paid unto the said A. B. J. P. and J. G. and to the Survivor or Survivors of them his and their Heirs Executors Administrators and Assigns if H. A. Son of the said F. be then living the sum of four thousand and five hundred pounds of current c. And if the said H. A. be dead the sum of five thousand pounds of like current money at or in the c. To the end that thereby the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns may be thereby enabled to purchase Lands and Tenements of the value of c. or may employ and dispose of the same for the use benefit and advantage of the Issue of the Body of the said F. lawfully begotten or to be begotten or if the said V. W. or the said Heir at Law as aforesaid or any of them shall at their own proper costs and charges settle convey and assure or cause and procure to be conveyed and assured other Lands Tenements and Hereditaments which shall be of the clear yearly value of Two hundred and fifty pounds per annum above all Charges and Reprizes unto the said A. B. J. P. and J. G. their Heirs and Assigns and to the Survivor and Survivors of them his and their Heirs Executors Administrators and Assigns to the like several uses intents and purposes and upon the like trusts and confidences and under the like Conditions Provisoes Powers and Limitations as are hereby formerly limited and appointed excepting onely the said Messuage Lands and Tenements herein and hereby limited to and for the Joynture of the said F. that then and immediately from and after such payment or settlement as aforesaid the several Uses and Estates herein and hereby limited other than the Estate for life limited to the said F. as aforesaid of for or concerning the said Land and Premises for the use and benefit of the Issue of the Body of the said V. W. on the Body of the said F. lawfully begotten or to be begotten and every of them shall cease determine and be utterly void And the said V. W. for himself his Executors Administrators and Assigns doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs and Assigns and to and with every of them by these presents That for or notwithstanding any act or thing whatsoever heretofore done or suffered by the said V. W. his Heirs or Assigns or hereafter by him them or any of therâ— to be done or suffered to the contrary the said V. W. now is and so at the time when the first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof shall be conveyed and assured to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses aforesaid shall stand and be seized thereof of a good perfect absolute and indefeazible Estate of Inheritance in Fee-simple or Fee-tail without any Reversion or Remainder in the Crown or without any Covenant or use to alter change or determine the same And also that he the said V. W. for and notwithstanding any act or thing whatsoever heretofore done or suffered to the contrary as aforesaid hath and so at the time of the Execution of the said first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof with their and every of their appurtenances to the said A. B. J P. and J. G. their Heirs and Assigns shall have full power good right and lawful authority to grant convey and assure the said Mannors Messuages Lands Advowsons Tenements and Premises with their and every of their appurtenances to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes aforesaid according to the true intent and meaning of these presents And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant promise grant and agree to and with the
or their Council learned in the Law shall be reasonably devised advised or required so as the same do not contain or extend unto any further warranty than against him the said G. C. his Executors or Assigns or against any further act or acts than as aforesaid and so as neither he nor they that make such further assurance be compelled or compellable to travell further than the Cities of London and Westminster for the doing making or executing of such further assurances and conveyances as aforesaid And lastly it is agreed by and between the said Parties to these presents That all and every the said assurances and conveyances so as aforesaid hereafter to be had of the premises shall be and shall be esteemed and taken to be to the onely use of them the said H. H. and S. his wife and of the Heirs and Assigns of the said H. H. for ever and to no other use intent and purpose whatsoever any thing in these presents contained to the contrary thereof in any wise notwithstanding In witness whereof c. A Joynture to the Wife made before Marriage THis Indenture made c. between I. C. the younger of c. on the first part and I. C. the elder c. on the second part and R. W. of c. on the third part Witnesseth That the said I. C. the younger for and in consideration of a Marriage by Gods Grace intended and shortly to be had and solemnized between the said I. C. the younger and A. the Daughter of T. C. of c. And that the said A. may be provided of a sufficient Joynture in case she shall survive the said I. C. the younger and for divers other good Causes and Considerations him the said I. C. the younger hereunto especially moving Doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said I. C. the elder and R. W. their Executors c. and to and with every of them by these presents that he the said I. C. the younger shall and will before the end of Easter Term now next c before the Justices of our Soveraign Lord the King of his Majesties Court of Common-Pleas at Westminster or some other person or persons thereunto lawfully and sufficiently authorized acknowledge and levy one Fine Sur conusence de droit come ceo que ills on t de son done with proclamation thereupon to be made according to the common course of Fines in that behalf made and provided unto the said I. C. the elder and R. W. and their heirs or the heirs of one of them of in and upon all that Messuage or Tenement wherein T. B. Vintner now dwelleth and whereof he the said I. C. the younger is seized in his Demeasn as of Fee in his own proper right commonly called or known by the c. scituate c and of all the Shops Cellars Sollers Chambers Rooms Easements Commodities and Appurtenances to the said Messuage or Tenement belonging or to or with the same used occupied or enjoyed or reputed or taken as part parcel or member of the same or as belonging thereunto by such name or names and in such manner of form as by the said I C. the elder and R. W. or their Council learned in the Law shall be reasonably devised and advised or required at the onely proper Costs and Charges in the Law of the said J. C. the younger the true intent and meaning of which said Fine so to be levied and executed of the said premises between the said Parties is to be and so shall be construed intended and adjudged to be to the Use and Behoof of the said J. C. the younger during his natural life without impeachment of or for any manner of waste and after his decease to the use and behoof of the said A. c. for and during the term of her natural life without any impeachment c. and after her decease to the use and behoof of the Heirs of the Body of the said J. C. the younger on the Body of the said A. lawfully to be begotten and for default of such Issue to the right Heirs of the said A. for ever Provided alwayes that if the said Marriage shall not take effect nor be had or solemnized between the said J. C. the younger and the said A. T. before the c. next ensuing c. That then the said Fine so to be made levied and acknowledged of the said Messuage and Premises aforesaid shall be and shall be taken deemed adjudged and construed to be to the use of the said J. C. the younger and to his Heirs and Assigns for ever any thing herein contained to the contrary c. In witness c. A Lease to try a Title THis Indenture made c. between T. A. and R. M. c. of the one part and W. M. of c. on the other part witnesseth That the said T. A. and R. M. for divers good Causes and Considerations c. have demised granted c. and by these presents do c. unto the said W. M. all that their Scite of c. and all Houses Edifices Buildings Barns Stables Orchards Gardens Easements and Commodities thereunto belonging or appertaining To have and to hold the said c. and all other the demised premises with the appurtenances and every part and parcel thereof unto the said W. M. his c. from c. unto the end and term of c. from thence next c. Yielding c. unto the said c. their c. one P. c. if it be demanded In witness c. A Bargain and Sale of a House in London THis Indenture made c. between R. B. of E. in the County of N. Esq of the one part and J. H. of L. Esq of the other part witnesseth That the said R. B. for and in consideration of the sum of c. of lawful c. to him in hand paid before the ensealing and delivery of these presents by the said J. H. whereof the said R. B. doth acknowledge the Receipt and thereof and of every part and parcel thereof doth clearly acquit and discharge the said I. H. his Heirs and Assigns and every of them for ever by these presents hath given granted bargained sold aliened infeoffed and confirmed and by these presents doth fully clearly and absolutely give grant bargain sell alien infeoss and confirm unto the said I. H. his Heirs and Assigns for ever All that Messuage or Tenement with the appurtenances commonly called or known by the name of c. now or late in the Tenure or Occupation of one W. S. c. or of his Assignee or Assignees scituate lying and being in c. together with all and singular Shops Cellars Sollers Chambers Rooms Entries Wayes Passages Yards Back-sides Lights Water-courses Easements Profits Commodities and Hereditaments whatsoever to the said Messuage or Tenement now or at any time heretofore belonging or appertaining or therewith
consideration of a Marriage by Gods permission shortly to be had and solemnized between the said P.M. and one F. Daughter of E. T. of c. and for divers other good causes and considerations him the said J. M. especially moving it is concluded covenanted granted and agreed by and between the said Parties to these presents And the said J.M. on his part for himself his Heirs Executors and Administrators doth by these presents covenant and grant to and with the said E. F. and G. M. and either of them and the Executors and Administrators of them and either of them that for the considerations aforesaid he the said J. M. and his Heirs and all and every other person and persons now standing or being seized or that hereafter shall stand and be seized of and in all that the Mannor of S. in the County of B. with all and singular the rights members and appurtenances thereof and of and in all and singular Messuages Tenements Houses Buildings Orchards Lands Meadows Leasows Pastures Feedings Commons Mills Woods Under-woods Advowsons Reversions Rents Services Wastes Estrayes Royalties Liberties Priviledges Jurisdictions Hereditaments and all other the rights members and appurtenances whatsoever to the said Mannor and Lands incident belonging or in any wise appertaining or accepted reputed taken or known or occupied demised or letten as part parcel or member thereof shall from thenceforth stand and be seized of and in the same Mannor Lands Tenements Hereditaments and all other the premises and of and in every part and parcel there of with the appurtenances to the uses intents and purposes hereafter in these presents mentioned and expressed and to none other use intent or purpose whatsoever That is to say unto and for the use of the said J. M. until the said Marriage shall be had and solemnized between the said P. M. and F. and immediately from and after the said Marriage so had to the use of the said P. M. and F. and of the Heirs males of the said P. M. on the body of the said F. lawfully begotten and for default of such Heirs males to the use of the right Heirs of the said J. M. for ever And further the said J. M. doth by these presents covenant and grant for him his Heirs Executors Administrators and Assigns and every of them to and with the said E. F. and C. M. and either of them their Heirs Executors Administrators and Assigns in manner and form following That is to say That the said Mannor Lands Tenements and Hereditaments and all other the premises with their appurtenances now are and be and at all times hereafter and from time to time shall and may continue remain and be clearly acquirted exonerated and discharged or otherwise well and sufficiently saved and kept harmless by the said J. M. his Heirs Executors c. or by some or one of them at his and their own proper costs and charges of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Titles of Dower Uses Wills Entails Rents Charge-Rents Seck arrerages of Rents Titles Recognizances Statutes-Merchant and of the Staple and of and from all other Charges Incumbrances and Demands whatsoever had made committed or done by the said J. M. or by his Heirs or Assigns or by any other person or persons or by his or their assent consent means privity or procurement The Rents and Services which from thenceforth shall grow due to the chief Lord or Lords of the Fee or Fees of the premises and all lawful Leases or Grants heretofore made or granted of the premises or of any part thereof which shall not continue above four years or thereabouts next after the date hereof whereupon several yearly Rents are reserved amounting in the whole to c. which shall be yearly payable to the said P. M. and F. and the Heirs males of the said P. M. for and during the continuance of the said Leases and Grants only excepted and foreprized And that the said Mannor and other the premises at the end and determination of the said Leases and Grants shall remain and from thenceforth shall and may continue and be unto the said P. M. and F. and the Heirs males of the said P. M. of the clear yearly value of c. or thereabouts And moveover that he the said J. M. his Heirs c. shall and will at this time and from time to time during the space of one whole year next after the said Marriage had and solemnized when as often as he or they or any of them shall be thereunto reasonably required by the said E. F. and G. H. or either of them their Heirs or Assigns or any of them do make knowledge levy and execute or cause and suffer to be made done knowledged levied and executed all and every such further act and acts thing and things device and devices assurance and assurances in the Law whatsoever be it by Deed or Deeds inrolled or not inrolled Fine with Proclamation Feoffment Recovery with Vouches and Vouchers release or confirmation with warranty against the said J. M. and his Heirs or otherwise or without warranty or by all or so many of the wayes means and devices aforesaid or by any other wayes or means whatsoever as by the said E. F. or G. H. or either of them their Heirs or Assigns or by their or any of their Council learned in the Law shall be reasonably devised or advised and required at the costs and charges only in the Law of the said P. M. for the further better and more perfect assurance surety sure-making and conveying of the said Mannors Lands Tenements and Hereditaments and all and singular other the premises with the appurtenances in and by these presents mentioned and intended to be conveyed and assured in manner and form above in these presents declared and every part and parcel hereof unto the said E. F. and G. H. to the uses intents and purposes above in these presents mentioned and to no other uses intents or purposes whatsoever In witness c. An assurance of a Joynture made before Marriage with special Covenants concerning Children by a former Husband THis Indenture made c. between R.L. of c. of the one part and A. B. and J.G. of c. of the other part Witnesseth That in consideration of a Marriage shortly to be had and solemnized between the said R. L. and A. H. late Wife of c. deceased for the future good and advancement of the said A. H. and in testimony of the singular good will and affection which he the said R. L. hath and beareth to the said A. H. and for divers other good and weighty considerations him the said R. L. thereunto especially moving it is covenanted granted concluded and fully agreed upon by and between the said Parties to these presents in manner and form following That is to say And the said R. L. for himself his Heirs Executors and Administrators
recovery or receiving of all or any the said Debts in the said Schedule mentioned And the said R. E. his c. doth by these presents covenant c. to and with the said R. S. his c. that the said R. E. hath not heretofore released or discharged nor that he his c. shall or will release or discharge all or any the Debts Duties sums of Money or Demands in the Schedule c. without the consent or agreement of the said R. S. his c. first had and obtained in writing under his or their Hand or voluntarily or willingly discontinue disavow or be non-suited in or make any retraxit or otherwise discharge to hinder or delay any such action suit or plaint which the said R. E. his c. shall at any time hereafter commence c. in the name of the said R. S. for recovery or obtaining of all or any the said c. in the said Schedule c. mentioned But that the said R. E. his c. shall and will from time to time and at all times hereafter justifie avow c. all and every such actions suits c. which he the said R. S. his c. shall at any time hereafter commence or prosecute at the costs and charges of the said R. S. his c. against any person or persons for recovery or obtaining of all or any the said Debts c. in the said Schedule annexed to this present Indenture called c. mentioned or expressed Ratifying c. all and every matter and thing whatsoever which the said R. S. his c. or any of them shall commence make do execute or prosecute for the receiving recovering levying c. the said Debts c. or any of them And the said R. S. for him his c. and every of them in consideration of the premises doth by these presents covenant and grant to and with the said R. E. his c. and every of them that he the said R. S. his c. shall and will from time to time and at all times hereafter sufficiently acquit discharge and save harmless the said R. E. his c. and every of them of and from all manner of Damages Troubles Suits Arrests Costs and Charges whatsoever which shall be taxed upon or happen to be had brought recovered or obtained against the said R. E. his c. Goods Chattels or Lands for or by reason of any Action Suit Plaint Process Judgment Arrest or Execution which the said R. S. his c. shall hereafter bring commence pursue or prosecute or cause to be c. against any person or persons in the said Schedule annexed to this present Indenture called the first Schedule named contained or mentioned there c. for the recovering or obtaining of any the said Debts Duties c. in the said Schedule mentioned And the said R. S. for him his c. doth further covenant grant assign set over remise and release unto the said R. E. all and every the Debts Obligations and Bills Obligatory and several sums of Money Duties and Demands in the said Schedule called c. annexed to this present Indenture allotted to the said R. S. contained and expressed and all Bills Bonds Obligatory Writings and Specialties whatsoever touching or concerning the same or any of them and all his part portion interest or demand therein or thereunto or of any part or parcel thereof together with all such benefit and commodity as the said R. S. his c. can or may lawfully have take or receive upon or by reason of any the said Debts Duties or Demands contained or expressed in the said Schedule c. And that all and every the several sums of money in the said Schedule c. annexed to these presents contained and expressed shall be and remain fully and wholly to the said R. S. his c. without let trouble or contradiction or without any accompt or other thing to be therefore rendred or yielded unto the said R S. his c. or any of them And the said R. S. doth by these presents further covenants promise and grant to and with the said R. E. his c. That neither the said W. S. in his life-time nor the said R. S. sithence the time of his decease nor either of them heretofore have not received released or discharged nor that the said R. S. his c. shall or will receive release or discharge all or any the said Debts Duties Summe or Sums of Money or Demands in the said Schedule c. contained and expressed and allotted to the said R. E. for his part of the premises as aforesaid without the consent of the said R. E. his c. therennto first had and obtained in writing under his or their hands Nor otherwise voluntarily or willingly discharge hinder or delay any Action Suit or Plaint whatsoever which the said R. E. his c. shall at any time hereafter commence c. for recovery or obtaining of all or any the said Debts c. in the said Schedule c. mentioned and whereas the Debt-Books and other Books Bills Bonds Obligations and Specialties wherein the Debts Duties and Demands before mentioned and wherein and whereby any Wares or Merchandizes were sold or delivered to the persons in the said Schedule named are contained or expressed are now in the hands and possession of the said R. S. therefore the said R. S. doth covenant for him his c. to deliver the same to the said R. E. his c. upon demand and shall and will likewise upon the like request at the place aforesaid produce and shew forth to the said R. E. the said Book called the Debt-Book and all other Books Scores and Writings which remain in the hands possession or custody of the said R. S. wherein the said Debts Duties or Demands or any of them contained in the said Schedule c. are mentioned or expressed or whereby or wherein any Wares or Merchandizes touching or concerning the same were sold or delivered to any the persons in the said Schedule c. whereby the said R. E. may have and take the view benefit and use thereof to be shewed or produced forth in any Court or Courts of Record or else-where for the declaring proving or recovering of all or any the said Debts in the said Schedule c. or other occasions whatsoever without any let c. In witness c. A Conveyance from J. T. and El. his Wife being Tenant in tayle to R. H. and El. his Wife and the Heirs and Assigns of R. H. for ever THis Indenture c. between J. T. of c. Gent. and Elinor his wife Cousin and next Heir of T. L. late of the City of c. Gent. deceased without Issue of his Body that is to say the only Daughter and Heir of W. L. Gent. elder Brother and Heir of the said T. L. of the one part and R. H. of c. and El. his
wife of the other part witnesseth That they the said J. T. and El. his wife as well for and in consideration of the sum of 210 l. of c. by the said R. H. unto them the said J. T. and El. his wife at the ensealing and delivery of these presents well and truly in hand paid the receipt whereof they the said J. T. and El. his wife do hereby acknowledge and thereof and of every part and parcel thereof do fully clearly and absolutely acquit exonerate and discharge the said R. H. his Heirs Executors and Administrators and every of them by these presents have granted aliened bargained sold and confirmed and by these presents c. unto the said R. H. and El. his wife all that one Messuage or Tenement c. together also with all and singular the Rooms Cellars Sollers Halls Parlours Chambers Houses Housings Vaults Pavements Courts Yards Easements and other Hereditaments Emoluments and Appurtenances whatsoever unto the said Messuage or Tenement and Premises or any of them appurtenant belonging or appertaining orâ—had used demised occupied or enjoyed as part parcel or member thereof or as thereunto or to any part thereof belonging or appertaining and the reversion and reversions remainder and remainders of them and every of them and also they the said J. T. and El. his wife for the consideration aforesaid have granted bargained and sold and by c. unto the said R. H. his Heirs and Assigns all and singular Letters-Patents Exemplifications of Fines and Recoveries Chirographies of Fines Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever concerning only the premises hereby mentioned to be bargained and sold or only any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or to the use of the said El. his wife and which he may have obtain or come by without suit in the Law and also true Copies of all such other Letters-Patents exemplifications of Fines and Recoveries Chirographies of Fine Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever amongst other things concerning the premises or any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or which he may have obtain or come by without suit in the Law all and singular which said Letters-Patents Exemplifications Chirographies Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments so hereby bargained and sold by the said J. T. he the said J. T. doth hereby grant and agree to deliver or cause to be delivered to the said R. H. his Heirs or Assigns on this side the Feast of the Annunciation of the blessed Virgin Mary now next coming safe uncancelled and undefaced as now the same are together with the said Copies the writings of the said Copies to be paid for by the said R. H. to the receipt of the said Copies To have and to hold the said Messnage or Tenement and Backside and all and singular other the premises hereby mentioned to be bargained and sold and every of them with their and every of their appurtenances and the Reversions and Remainders of them and every of them unto the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. to the only proper use and behoof of the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. for ever without any Mortgage Condition redemption use or limitation to recal alter charge or determine the same to be holden of the chief Lord or Lords of the Fee or Fees whereof the premises have been holden by the Rents and Services therefore due and of right accustomed And the said J. T. for himself his Heirs Executors and Administâ—ators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that she the said El. his wife is seized of the reversion of the said bargained premises of an Estate to her and the Heirs of her Body lawfully begotten immediately expectant upon an estate for the life of Hellen Cl. now wife of Leo Cl. of c. Gent. with further remainder or reversion immediately expectant upon the said Estate-tail to the right Heirs of the said El. for ever without any reversion or remainder of the same or of any part thereof in our Soveraign Lord the King or otherwise of the full absolute reversion in Fee-simple expectant upon the said Estate for life of the said Hellen And the said J. T. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that they the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. and every of them shall and may from time to time and at all times hereafter for ever after the decease of the said Hellen peaceably and quietly have hold occupy possess and enjoy the said Messuage or Tenement Backside and Premises without the let interruption trouble expulsion or eviction of the said J. T. and El. his wife or either of them or of their or either of their Heirs of their or either of their Bodies begotten or to be begotten or any other Heir or Heirs of them or either of them or of any heir or heirs of T. L. Gent. deceased and without any lawful let trouble interruption expulsion or eviction of any other person or persons whatsoever now having or lawfully claiming to have or which hereafter may have or lawfully claim to have any manner of estate right title interest thing or demand of in to or out of the said bargained premises or any of them by for from or under them or any of them or by from or under the said Hellen or by their or any of their means consent or procurement except such person and persons which may lawfully claim under the Leases and Estates herein after excepted and freed and discharged or otherwise within convenient time after reasonable request well and sufficiently saved and kept harmless and indempnified by the said J. T. his Heirs Executors and Administrators or some or one of them of and from a land all manner of former and other Bargains Sales Gifts Grants Alienations Estates Leases Joyntures Dowers Uses Wills Entails Rents Charges Rents-seck and arrerages of all manner of Rents Statutes-Merchant and of the Staple recognizances Judgments Executions Fines Post-sines and of and from all other Titles Troubles Charges and Incumbâ—aâ—ces whatsoever heretofore had made done committed omited or wittingly or willingly suffered or procured or hereafter to be had made done committed wittingly or willingly suffered or procured by the said I. T. and El. T. L. and H. or either
manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Statutes Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of Rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said J. B. or by the said W. B. or by any other person or persons whatsoever except the Estate of the said E. M. for her life and except the Rents and Services from henceforth to be due payable to the Chief Lord or Lords of the Fee or Fees of the premises and also the said I. B. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said B. M. his Heirs or Assigns shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly have hold and enjoy the said premises and every part thereof without any let interruption challenge claim disturbance or incumbrance of or by him the said I. B. or his Heirs and without any lawful let interruption challenge claim disturbance or incumbrance of or by any other person or persons except such as shall or may claim by or under the right or title of the said E. M. or for the Rents and Services aforesaid And further that he the said I. B. and his Heirs and every other person or persons lawfully claiming or to claim any manner of lawful estate right title or interest in or to the premises except before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said B. M. his Heirs or Assigns make do and execute all and every such further acts and things for the further and better assuring of the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever as by him the said B. M. his Heirs or Assigns or by his or their Council c. so as for the doing thereof c. a Bargain and Sale of Deeds c. In witness c. Note B. M. demised the Lands to A. and B. Habend forty years if the Coverture between him and E. his wife so long continue on trust to suffer him to enjoy and make such Grants as he shall appoint Nota. B. M. surrendereth to I. B. the premises Habend to him and his Heirs provided if I. B. or his Assigns pay not 200 l. before Midsummer next c. to be void B. M. to enjoy the premises in the mean time P. H. purchaseth Lands of W. H. Uxor other Lands he holds in Right of I. his wife to whom the same were devised by R. I. her Brother in Fee-simple the Brother and Heir of the Devisor intendeth to settle other Lands which came to him by Descent on the said P. and I. in tail Now for the setling as well the Lands purchased of H. as all the rest a Fine is levied by W. H. Uxor I. I. Heir to the Devisor Uxor and the said P. Uxor and T. P. and I. C. The uses whereof are declared by the Deed following THis Indenture Tripartite c. between W. H. of c. and M. his Wife T. I. of c. Brother and Heir of R. I. late of c. deceased who was Son and Heir of I. I. late of c. deceased begotten on the Body of I. his Wife Daughter of T. P. of c. deceased and A. the Wife of the said T. I. of the first part P. H. and I. his Wife of the second part and T. P. and I. C. of c. of the third part witnesseth That whereas the said W. H. by his Deed indented bearing date April 18. in the sixteenth year of c. for the consideration therein expressed did grant bargain sell and convey to the said P. H. his Heirs and Assigns for ever two several Messuages or Tenements with the Garden and appurtenances thereunto belonging scituate and being c. and then and yet in the several holding of c. and also three several holdings of c. and also three several Messuages or Tenements with a Garden or Out-ground on the back part thereof and to the same three Tenements or some of them belonging or appertaining scituate and being c. and then and yet in the several Tenures or Occupation of c. as in and by the same Deed indented more at large appeareth and whereas also the said R. I. being in his life-time lawfully seized in Fee-tail of and in all the Messuages Lands Tenements and Hereditaments hereafter mentioned that is to say all that great Messuage or Tenement wherein c. scituate and being c. and also two other Messuages or Tenements c. and also three Gardens c. and in his life-time viz. in the Term of Easter in the sixteenth year of c. acknowledge and levy to the said P. H. and T. P. one Fine sur conuzance de droit come ceo c. which was sued out with Proclamation according to the form of the Statute in that case made and provided before the then Justices of the Court of Common-Pleas at Westminster of all the said Messuage Lands Tenements and Premises by the names of nine Messuages and four Gardens with the appurtenances in c. as by the said Fine remaining of Record in the said Court more at large may appear Which said Fine was levyed to the intent and purpose to make the said R. I. Tenant of all the said premises in Fee-simple as by Indentures to that purpose made bearing date April 20. in the said sixteenth year of c. made between the said R. I. of the one part and the said T. P. and P. H. of the other part more at large it doth and may appear and whereas the said R. I. after the levying of the said Fine that is to say April 25. in the seventeenth year c. by the last Will and Testament in writing bearing date the day and year last mentioned did give and devise in these words viz. I give and bequeath all that Tenement c. unto Joan H. my Sister Wife of Peter H. and to her Heirs and Assigns for ever and also in another place of the said Will gave and devised in these words viz. Item I give to my Sister J. H. and to her Heirs and Assigns for ever my House Lodge and Orchard with the appurtenances lying and being c. as by the said Will and Testament may appear and whereas the said Richard Joanes afterwards died leaving all the residue of the said Messuages Lands Tenements and Premises to descend and come to the said T. I. as Brother and Heir of the said R. I. witnesseth now
Edward Lord Herbert and his Heirs in the manner aforesaid shall cease determine and be utterly revoked frustrate and made void and then also it shall and may be lawful to and for the said Richard Herbert party to these presents by the same Deed or Deeds or by any other Deed or Deeds to be signed sealed and delivered by him the said Richard Herbert as aforesaid to declare limit or appoint any other new use or uses estate or estates whatsoever of the said premises of for or concerning which any such revocation shall be so made or any part or parcel thereof unto any person or persons whatsoever subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid any thing in these presents contained to the contrary thereof in any wise notwithstanding and that then also and from thenceforth the said recovery and recoveries as to such of the premises concerning which any such revocation and new declaration shall be so made to such uses intents and purposes as the said Richard Herbert party to these presents by any such Deed or Deeds as aforesaid shall declare limit or appoint Provided also and it is c. that if the said Edward Lord Herbert and Richard his Son shall both of them be minded to make sale of the Mannors Lands Tenements and Hereditaments within the County of Monmouth or any of them other than such as herein are before limited to the said use of the said Richard Herbert party to these presents and his Heirs in possession which Sales is not meant or intended by any of the parties to these presents to be made but for raising of money to be imployed and bestowed upon the purchase of some other Lands of as good value or in some other place or places to be setled and estated to the same uses and estates and with the same powers and provisoes and in the sort and manner as those Lands so to be sold are hereby limited and mentioned to be setled and estated and being both so minded shall at any time during their Joynt-lives by any Deed or Deeds Writing or Writings to be by him the said Edward Lord Herbert and Richard Herbert his Son party to these presents sealed and subscribed in the presence of two c. declare and publish their mind intent and meaning to be to revoke alter and frustrate the said uses and estate before in these presents mentioned declared limited or appointed or any of them or for or concerning the said last mentioned Mannors and Premises or any of them or any part or parcel thereof or any of them that then from and after such Declaration or Publication so to be made as aforesaid the same use and uses estate and estates in and by these presents limited expressed declared or appointed of for or concerning the which any such declaration or limitation shall be made as aforesaid shall cease and become utterly void frustrate and of none effect to all intents constructions and purposes whatsoever and that then and from thenceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lands and Premises last mentioned or so much or such part thereof concerning which any such Declaration or Publication shall be made as aforesaid to such uses intents trusts and purposes as the said Edward Lord Herbert and Richard party to these presents by any Deed or Deeds c. sealed and subscribed in the presence of two c. shall declare limit or appoint And it is further c. for the considerations aforesaid that in case any of the said Mannors intended to be comprized in the said Fine or Fines Recovery and Recoveries shall be omitted or left out and not be comprized in the said Fine or Fines Recovery or Recoveries or in case there shall happen to be any defect in the assurance of the premises or any of them according to the true c. that they the said Edward Lord Herbert and Richard Herbert party to these presents their Heirs and Assigns and all and every other person and persons which now are or hereafter shall be seized of and in such of the said Mannors c. as shall be so omitted or left out and not to be comprized as aforesaid or whereof such Fine or Fines Recovery or Recoveries shall not be levied and had or whereof the assurance hereby intended to be made shall be any way defective shall stand and be seized thereof and every part and parcel thereof with their and every of their appurtenances and the reversions thereof to and for the several and respective estate and estates thereof herein before severally and respectively limited unto them or any of them as aforesaid under the several Provisoes herein before mentioned and to none other uses intents and purposes In witness c. J. W. being seized of a Mannor and other Lands conceiving he should die without Issue and intending to settle the same to good uses by Deed granteth and conveyeth the same to A. B. C. c. in trust to the use of himself for life and after of Rachel his wife for life the remainder to the Heirs of his Body and in default of such Heirs to grant the same as he should by Will or other writing limit or appoint c. with several Provisoes c. THis Indenture made c. between J. W. of c. of the one part and A. B. C. D. c. of the other part witnesseth That the said J. W. for and in consideration of the better confirmation and strengthening of a Joynture already made and granted to R. his now wife and for her better maintenance and livelihood in time to come and for the natural love and affection which he the said J. W. beareth to the Heirs of his body begotten and to be begotten and for setling and establishing of the Inheritance of the Lands and Tenements hereafter mentioned to and in the said A. B. C. D. c. and their Heirs to the uses intents and purposes hereafter specified Hath given granted enfeoffed and confirmed and by c. unto the said A. B. C. D. c. their Heirs and Assigns for ever all that the Mannors Capital Messuages and Farm of B. in c. with the rights members and appurtenances thereof and all that the Advowson Patronage and Gift of the Parish-Church of B. and all and all manner of Houses Edifices Dove-houses c. and all those Thirteen Messuages or Tenements c. and all Shops Cellars Sollers c. and all other the Messuages Lands Tenements Reversions Services and Hereditaments whatsoever which he the said J. W. standeth seized of any Estate of Inheritance within the Counties of c. aforesaid or else-where within the
with the said H. H. his Executors and Assigns by these presents That he the said P. C. on this side and before the first day of Easter Term next ensuing shall at the costs and charges of the said H. H. convey assign and set over unto the said H. H. and his assigns all the present estate title and interest of the said P. of in and to the said Messuage and Premisses and every part and parcel thereof with the appurtenances and shall and will put the said H. H. or his assigns in peaceable possession thereof and that the same shall be then in as good plight and repair as now they be Item The said P. C. for and in consideration of the Summe of Ten pounds of lawful money of England by the said H. H. unto the said P. C. well and truly paid whereof the said P. doth acquit and discharge the said H. by these presents as also for and in consideration of the Summe of One hundred pounds of like money to be paid by the said H. to the said P. as hereafter in these presents is limited doth for himself his Heirs Executors and Assigns and every of them Covenant grant and agree to and with the said H. H. his Executors and Assigns by these presents That he the said P. C. and S. his Wife shall and will before and on this side the said first day of Easter Term next ensuing by usual names surrender according to the custom of the said Mannor into the hands of the Lord of the said Mannor the aforesaid Messuage and premisses with the appurtenances and all their estate possession reversion remainder right title and interest therein to the use and behoof of the said H. H. his heirs and assigns for ever and that he the said P. hath now good right and title to the said Messuage and Premisses with the appurtenances and a good estate therein in Fee-simple according to the custom of the said Mannor after the decease of the said T. C. and shall make and give unto the said H. H. such assurance and security for the quiet enjoying of the Premisses as the said P. hath had made or given unto him by W. W. of whom the said P. lately purchased the same and shall and will assign over to the said H. by such wayes or means as by him or his Council learned in the Law shall be reasonably devised advised and required all Bonds and other collateral Security which the said P. now hath for the safe and free enjoying of the premisses or any part thereof Item The said H.H. doth for himself his Heirs Executors and Assigns covenant promise and grant to and with the said P.C. his Executors Administrators and Assigns and every of them by these presents That he the said H H. or his assigns shall and will upon the aforesaid Surrender made by the said P. and S. his wife and the peaceable possession delivered of the premisses in such good plight and repair as they now be according to the true intent and meaning of these presents pay content and satisfie unto the said P.C. or his assigns the whole and just Summe of one hundred pounds of lawful money of England Item It is agreed between the said parties to these presents That the said H. H. shall buy of the said P. C. such moveables as now be in the said Messuages and Premisses or that he shall be pleased to leave there at such rates as two men to be by the said P. and H. indifferently chosen shall appraise the same and that the said H. H. shall pay unto the said T. C. all Rents that shall grow due unto her for the premisses from the day of the date of these presents In witness whereof the parties above named to these presents have interchangeably set their hands and seals the day and year first above written An Indenture of Covenants to stand seized to uses in consideration of Marriage c. THis Indenture made the _____ day of January in the year of the Reign of our Soveraign Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the Faith c. the Second between J.F. of D. in the County of D. Gent. of the one part and N.G. of W.K. in the said County Yeoman J S. of S. in the said County Yeoman and W.B. of S. oforesaid Yeoman of the other part witnesseth That for and in consideration that the said J.F. hath married A. the Daughter of the said N.G. and by her Issue hath one Son and to the intent to provide and establish some certainty of living and livelihood to be had and enjoyed by or unto the said A. after his decease and for the establishment of some part and portion of those inheritances as is descended unto him the said J.F. from his Ancestors unto his said son J. begotten on the body of the said A. and unto such other Issues as it shall please God to send him of the body of the said A. for the natural affection and Fatherly love he beareth unto the said J. and other Issues he may happen to have of the body of the said A. and to the intent that she the said A. may be the better able to bring up educate and help the said J. his Son and such other Child or Children as he shall happen to have by the said A. when it shall please God to call the said J. F. out of this mortal life if it shall chance that she shall over-live the said J. F. doth by these presents covenant grant agree to and with the said N.G. J. S and W B and to and with every of them that he the said J.F. his Heirs and Assigns and every of them shall and will from henceforth stand and be seized of and in one Messuage or Tenement and Cottage with all and singular the appurtenances set lying and being in S. in the Parish of B. R. now in the Tenure of J. L. under the yearly Rent of Ten shillings one other Cottage parcel of the said Tenement now in the tenure of one W. D. under the yearly Rent of five shillings and of and in one other Messuage or Cottage parcel also of the said Tenement now in the Tenure of one C.B. and the yearly Rent of Four shillings and of and in all those several Messuages or Cottages adjoyning to the Farm of D. that is to say one Cottage and Mault-Mill garden and an acre and half of pasture now in the tenure of A. F. Widow under the yearly Rent of Four shillings and of and in one other Messuage or Cottage and Orchard and an acre and a half of pasture now in the tenure of one J. D. under the yearly Rent of five shillings and four pence and of and in that other Messuage or Cottage and Garden thereunto now in the tenure of B. B. Widow under the yearly Rent of Four shillings and of and in all that other Cottage called T. now in
the tenure of _____ A. under the yearly Rent of Four shillings and of all that other Messuage or Cottage now in the occupation of R. W. under the yearly Rent of Four shillings and of and in all and singular the Reversions and Reversion Remainders and Remainder Rent and Rents of in to or out of all the Lands Tenements Messuages and Hereditaments aforesaid or any of them and of and in any other his profits commodities and advantages whatsoever to the said Lands Tenements and Hereditaments or any of them belonging or in any wise appertaining or had used or occupied in or upon the same to the only proper use and behoof of the said J. F. for and during his natural life without Impeachment of any manner of wast and from and after his decease to the only use and behoof of the said A. during her natural life and from and after her decease to the only proper use and behoof of the said J. Son of the said J. F. the Father for and during his natural life and after his decease to the use and behoof of the said J. F. and the heirs of the body of the said A. by the said J. F. lawfully begotten or to be begotten and for default of such Issue to the use of the right heirs of the said J. F. the Father for ever and it is covenanted granted and fully agreed by these presents by and between the said parties to these presents and every of them their and every of their heirs and assigns That all and every grant Feoffment Fine Recovery and other conveyance assurance assurances and conveyances whatsoever to be had made or executed by the said J. F. his heirs and assigns or any of them within the space of five years next ensuing of or concerning the said Lands Tenements and other the premisses aforesaid or of or concerning any part or parcel thereof at all times hereafter shall be adjudged deemed and taken to be onely to the intents uses and purposes in these presents mentioned and expressed and to no other uses intents or purposes Provided alwayes and it is agreed between the said parties to these presents That it shall and may be lawful to and for the said N. G. J. S. and W. B. or the Survivors of them whereof the said J. F. to be one at all and every time and times and from time to time during the life of the said J. F. at the will and pleasure of such of them four three or two of them which then shall be living whereof the said J. F. to be one by their Deed or Writing indented of all them which then shall be living be it four three or two of them so that the said J. F. be one of them or such of them as shall be parties to the same sealed and subscribed to alter determine diminish change or enlarge any or all the aforesaid use and uses before declared of the premisses or any part thereof the use and estate before limited declared or appointed to the said A. wife of the said J. F. for the term of her life only excepted and by the same or any other such writing indented sealed and subscribed as is aforesaid to limit and appoint give or grant the use or uses of the premisses or any part thereof to the said persons or any of them or to any other person or persons in Fee-simple fee-tail for life lives or years or otherwise and that after such alteration determination enlarging limitation or appointing of any the use or uses aforesaid or of any parcel thereof the use only of such and so much of the premisses whereof any such alteration determination or enlarging of any use or uses aforesaid shall be as is aforesaid had or made shall be and shall be deemed and adjudged to be to such and those person and persons and to such and those use and uses and in such and the same manner and form as by such Writing subscribed and sealed as is aforesaid shall be declared only and to any other or others person and persons use or uses or in any other manner or form any thing in these presents contained to the contrary notwithstanding alwayes saving and preserving the said use and estate before limited and declared to the said A. for the term of her natural life as is aforesaid c. An Assignment of a Bond by way of a Collateral Security KNow all men by these presents That whereas T. M. of the Parish of clendon in the County of Wilts Gent. and W.M. of the Parish of Cheredon in the said C. of Wilts gent. by their Obligation dated the c. stand joyntly and severally bounden unto me H. T. Citizen and Salter of London in the penal Sum of one hundred pounds of good and lawful money of England with condition thereupon endorsed for payment of Fifty and two pounds of like good and lawful money on the c. next ensuing the date of the said Obligation as by the same it doth and may appear Now I the said H. T. for the better security of the like debt for which I have given bond and for other good causes and considerations me hereunto moving do by these presents make constitute ordain and in my stead and place put and authorize D. M. of the Inner-Temple London Gent. my true and lawful Deputy and Attorney irrevocable for me and in my name but to the sole use and behoof of my said Attorney his Executors Administrators and Assigns to ask demand receive and take of them the said T. M. and W. M. or either of them their or either of their Executors Administrators or Assigns the said Sum of Fifty and two pounds and for non-payment thereof giving and by these presents granting unto the said D. M. by the tenor hereof my full whole and absolute power and authority in the execution of the premisses the said T. M. and W. M. or either of them their or either of their Heirs Executors or Administrators in my name or the name of my Executors or Administrators to arrest sue implead imprison and condemn and prosecute in any Court or Courts whatsoever and them or any or either of them out of Prison to release as precisely as the Law will it permit for recovery of the said debt and penalty And upon recovery and receipt thereof to deliver up the said Obligation to be cancelled and finally to do all and every other lawful act whatsoever for recovery o◠the said debt and penalty or any part thereof without yielding any accompt thereof or therefore as to my said Attorney shall seem meet and expedient as fully and effectually as I my self might or could do or cause to be done in or about the premisses And moreover I the said H. T. do by these presents covenant and promise to and with the said D. M. his Executors and Administrators that at the day of the date of these presents I have not done or 〈◊〉 or suffered to be
A. uxor ejus tenent ad terminum vitae ipsius A. de haereditate ipsius R die quo haec Concordia facta fuit et quae post decess ipsius R. ad praed R. et haeredes suos debuer ' revertere post decess ipsius A. remanebunt praed E. et haered suis in perpetuum Tenend c. Et praed R. concessit pro se et haered suis quod ipsi warrant praed ten cum pertin sicut dictum est contra omnes homines in perpetuum Et pro hac c. To the Heirs of the Body of the Conusor by J.C. her Husband deceased the Remainder to the right Heirs of J. C. ET est concordia talis sc Quod praed J. concessit praed M. tenementa praedict cum pertinentiis et illa ei reddidit in eadem Curia Habend et tenend eid M. et haeredibus de corpore ipsius M. de corpore J. C. nuper viri sui defuncti legitime procreatis de capital domin c. Et si contingat quod eadem M. obierit sine haeredibus de corpore suo de corpore ipsius J. C. legitime procreat tunc post decess ipsius M praedicta ten cum pertin integre remaneant rectis haered ipsius J. C. defuncti Tenend c. Et praed J. et haered sui warrant praedict M. et haered de corpore suo de de corpore praed J. C. defuncti ac etiam rectis haeredibus ipsius J. C. si eadem M. obierit sine haered de corpore suo de corpore ipsius J. C. defuncti legitime procreat praed tenementa cum pertin sicut dictum est contra praed J. et haered suos in perpetuum Et pro hac c. A Concord with a Render for life and after Entail ET est Concordia talis sc Quod praed T. et F. recogn maner tenementa et reddit praed cum pertin esse jus ipsius E. ut illa quâ—aidem E. et R. habent de dono praedict T. et F. et illa remiser et quiet clam de ipsis T. et F. et haered ipsius F. praefat E. et R. et haered ipsius E. in perpetuum Et praeterea iidem T. et F. concesser pro se haered apsius F. quod ipsi warrant Maner ' tenementa et redd cum pertin praefat E. et R. eâ— haered ipsius E. contra ipsos T et F. et hered ipsius F. in perpetuum Et pro hac Recogn c. iidem et R. concesser praed T et F. Maner de S. praed cumpert ac 10 Messuag 8 Cottag 20 Acr. terr' 20 acr Prati 160 acr Pastur 300 acr Morae et 6 solid redd cum pertin c. Habend Tenend praefat T. et F. pro termino vitae ipsorum T. et F. et alterius eorum diutius vivent absque impetitione alicujus vasti Et quod post decessum praedict E. et F. et eorum altorius diutius vivent praedict parcel Maner Tenementor et redd praed cum pertin reman Primogenito filio de corporibus praed T. et F. inter eos legitime procreat haered mascul de corpore praed primogeniti filii legitime procreat Tenend c Et si nullus haeres de corpore ipsius primogeniti filis fuer legitime procreat ' praed parcell maner tenementor et redd praed cum pertin reman secundo genito filio de corpore praed T. et F. inter eos legitime procreat Et haered mascul de corpore dicti secundi geniti filii legitime procreat Tenend c. Et si nullus hares de corpore ipsius fecundi geniti filii fuer legitime procreat â—unc praedict parcell maner tenementor et redd praed cum pertin reman haered de corporibus praed T. et F. inter eos legitime procreat Tenend c. Et si nullus haeres de corporibus eorum T. et F. inter eos fuer legitime procreat ' tunc praedict parcell maner tenementorum et redd praed ' cum pertin reman inde rectis haeredibus ipsorum T. et F. in perpetuum Tenend c. Et ulterius iidem E. et R. concess praef T. et F. decem Mess c. cum pertin B. et C. praed residuum praedict maner tenementorum et redd praedict et illa eis redd in eadem Curia An Exemplification of a Fine CArolus Secundus Dei gratia c. Omnibus ad quos praesentes literae pervener ' Salutem Sciatis quod inter irrotulamenta Brevium et aliorum depend pro finibus secundum formam statuti de Termino Paschae apud W. anno Regnt quondam praecharissime sororis nostrae Eliz. Reginae c. Rot. 7. continetur sic ss Essex ss Elizabeth dei gratia Angl ' Franciae et Hiberniae Regina Fidei Defensor c. Vic' Essexiae Salutem Praecipe E. W. Arm. et J. uxor ejus quod juste et sine dilatione teneant J. W. et J. S. conventionem inter eos factam de duobus Mess ' duobus Gardin ' duobus Pomariis viginti acris terrae viginti acris prati quadraginta acris Pasture et centum acris â—amtnorum et bruerae cum pertin ' in B. et W. et nisi fecerint et praedict ' E. I. fecerint te securum de clamore suo pros tunc sum per honos summ predict ' E. et I. quod sint coram Just nostris apud Westm in Octab. Sancti Michaelis ostensuri quam non fecerint et habeas ibi sum et hoc Breve T. Meipsa apud Westm 17. die Septembr anno Regni Reginae nunc quadragesimo Pleg de Pros Johann Doo Richard Roo Summon Johannes Den Richardus Feg Georgius T. Arm ' Vic. ss J. W. dat domino Regi sex solidos et octo denarios pro licenc ' concord cum E. W. Armig. et I. uxore ejus de placito conventionis de duobus mess ' duobus Gardinis duobus Pomariis viginti acris terrae viginti acris prati quadraginta acr ' Pasturae et centum acr Jampnorum et Bruerae cum pertin in B. et W. Et habet Cir per pacem admiss coram R. H. uno Just Dom. Regin de Banco Justic in Patria ss Elizabeth Dei gratia Angliae Franciae et Hiberniae Regina Fidei Defensor c. Dilecto et fideli suo R. H. uni Justic ' suor de Banco salutem Cum Breve nostrum de Convent pendeat coram vobis et sociis vestris Justic ' nostris de Banco Inter I. W. I. S. E. W. Arm ' et I. uxori ejus de duobus Mess duobus Gardinis duobus Pomariis viginti acris terrae viginti acris prati in B. et W. in Com. Essex ad finem inde inter eos coram vobis et sociis vestris praed ' in Banco praed ' secundum Legem consuetudinem Regni nostri Angl ' levand ' ac iidem E. I. udeo impotentes existunt quod absque maximo
is covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the Right Honourable H. Earl of D. since deceased and to the said R. H. T. T. J. B. and H. H. and their heirs and to the Survivor of them and his heirs all and singular the Mannors of S. B. and S. in the said County of L. and also all and singular Suits Seigniories Services Franchises Priviledges Court-Leets Perquisites of Courts and Leets View of Frank-pledge and all appurtenances Emoluments and Hereditaments whatsoever unto the said Mannors and Lordships or unto any of them belonging and appertaining and also all and singular his Mannors Messuages Lands Tenements and Hereditaments whatsoever within the several Towns Townships Fields Hamlets Precincts and Territories of S. H. A. and O. and elsewhere in the County of L. to the several uses intents and purposes in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose in any wise The particulars of which said Uses do more plainly appear in and by the said recited Indenture relation being thereunto had In which said recited Indenture of the 35 year of her Highness Reign there is nevertheless contained one Proviso or Clause to the tenor or effect hereafter following that is to say Provided nevertheless c. here recite the Proviso of Revocation verbatim Now therefore it is agreed by and between the parties to these presents and the said E. S. according to the tenor power or liberty of the said Proviso being fully minded and determined to alter the Estate and Estates limited in use in or by the said mentioned Indenture of the 35 year of her Highness Reign unto T. S. of B. and the Heirs males of his body and also the Estate and Estates limited in use in or by the said recired Indentures unto J.S. for term of his life without impeachment of wast and after his decease then to E. S. son of the said J. and the heirs males of his body lawfully begotten doth by these presents and by force and according to the said Proviso or the power or liberty thereof revoke repeal and derermine all and every the said estate and estates in any wise limited in use in or by the said recited Indentures unto the said T. S. of B. and the Heirs males of his body lwfully begotten and also all and every the estate and estates in or by the said Indentures limited in use unto the said J.S. for term of his life and all and every the estate or estates in or by the said Indentures limited in use unto the said E. S. son of the said J. and the heirs males of his body lawfully begotten of in for or concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their appurtenances in any wise comprised or specified in or by the said Indentures And likewise the said E.S. doth hereby limit publish and declare according to the tenor of the said recited Proviso that all and every the Estates in any wise manner or form limited in use in or by the said recited Indenture unto the said T. S. and the Heirs males of his body lawfully begotten as also all and every the estate and estates in any manner or form limited in use in or by the said Indenture unto the said J. S. for term of his life without impeachment of wast and all and every the estate and estates in any wise manner or form limited in use in or by the said Indenture unto the said E. S. son of the said J. and the Heirs males of his body lawfully begotten shall from thenceforth of in for and concerning all and every the Mannor Lands Tenements and Hereditaments with their appurtenances in any wise comprised in the said recited Indenture shall cease determine be frustrate void and of no farther effect or continuance in Law any the limitations of use or uses in the said mentioned Indenture or any other matter or thing whatsoever to the contrary hereof in any wise notwithstanding And that all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their appurtenances and the only use thereof shall from henceforth remain continue and be unto the said E.S. party to these presents and his Heirs for ever and not in any sort manner or form unto the said T. S. and the heirs males of his body nor to the said J.S. for term of his life nor to the said E.S. Son of the said J. and the Heirs males of his body lawfully begotten nor to their or any of their Assign or Assigns In witness whereof c. A Declaration of Uses upon the Revocation above-written TO all to whom these presents shall come E.S. of S. in the County of L. Esq sendeth greeting Know ye That I the said E. S. having before the making hereof revoked reduced and revested the Estate of Inheritance of all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with the appurtenances scituate c. in and to me the said E.S. and my heirs for divers causes and considerations me thereunto moving Have Given Granted and Confirmed and by these presents do Give Grant and Confirm unto A. B. of c. and R.L. of c. all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with their appurtenances To have and to hold the said Mannors c. unto the said A. B. and R. L. their heirs and assigns to the several uses behoofs intents and purposes hereafter in these presents specified and to no other use intent or purpose whatsoever that is to say to the onely sole and proper use of me the said E.S. and my heirs and assigns for ever In witnesse c. We will now Illustrate the matter with some few Cases And first 1. In Trin. 25 H. 8. Barloe and those who were seised in Fee of the Land gave it to Jo Aprice and Joan his wife and the heirs of their two bodies engendered and after Jo. Aprice did discontinue the tayl to the use of Richard his Son and Anne his Wife and to the heirs of the body of the said Richard and after the said John dyed and Joan survived him And after Richard enfeoffed one Thomas a Bastard son in Fee After Anne dyes and one Robert Pattershall and others recover the same Lands against the said Thomas in a Writ of Entry in le Post wherein Thomas vouched the said Richard which voucheth over the common Vouchee and thereupon Judgment and Execution was had After this Joan dyed after whose death Richard dyed without lawfull Issue of his Body and after one Thomas Aprice younger Brother to the said Richard and Son of the said John and Joan brought a Formedon in Descender against Thomas the Bastard son and recovered the Land for that Joane was living at the time of the Recovery had and therefore the first entail was not bound and by the death
not extend to Lands sold bona fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts But to return to Execution wherein we are to consider That the Writs whereby this Execution is made are some of them against the person some of them against the goods some of them against the Lands and some of them against the Body Lands and Goods together Co. 6.87 8.141 For the doing of Execution in a Suit for debt or damages the Writs are the Levari facias the Fieri facias and the Capias ad Satisfaciendum and sometimes the Exigent the Capias Utlagatum and the Capias pro fine The Levari facias is a Judicial Writ directed to the Sheriff for the levying of a summe of money upon the Lands and Tenements of him against whom the Judgment is Reg. Orig. fol. 298. The Fieri facias is a Judicial Writ lying for him that hath recovered in an Action on Debt or Damage directed to the Sheriff commanding him to levy the same of the Defendants goods Old Nat. Bre. 152. The Capias ad Satisfaciendum is a Judicial Writ grounded upon a Statute lying where a man hath recovered in an Action personal any debt or damages in the Kings Court directed to the Sheriff to command him to take the body of him against whom the debt is recovered and to put him in prison till Satisfaction be made to him that recovered And all these three last named Writs are to be sued out within a year and day after the Judgment obtained and not after without Scire facias And if they be sued out within the year they may be continued after the year till Execution Co. on Litt. 290. The Exigent is a Writ that lyeth where the Defendant in an Action personal cannot be found nor any thing within the County to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlawry And if he be Outlawed then all his Goods and Chattels are forfeited And this mostly goeth forth before Judgment and in some cases after Judgment If it be before Judgment there must go before it three Writs of Capias ad Respondendum with a Non est inventus upon each of them returned But if it be after Judgment as it may on a Capias ad Computandum or Capias ad Satisfaciendum there it may issue out after the first Capias Termes del Ley. The Capias Utlagatum is a Writ of Execution or after Judgment which lyeth against him that is Outlawed upon any Suit directed to the Sheriff commanding him upon receit thereof to apprehend the party Outlawed for his contempt in not appearing upon the Exigent and to keep him in safe custody until c. and to bring him into the Court at the day of the return of the Writ where he is to remain without bail or mainprise Co. 12.103 There is also a special Writ in this case called a Capias Utlagatum inquiras de bonis et Catallis which is a Writ in a manner the same with the former but that it gives a farther power to the Sheriff over and besides the apprehension of his body to inquire of and seize upon his Goods and Chattels to the Kings use Old N. B. 154. The Capias pro fine is where a Judgment is given in a Case for a Plaintiff and it is in such a case where the Defendant is also to pay a Fine to the King the which being not paid to command the Sheriff to take and imprison him till he pay his Fine to the King Co. 3.1 2 3. The Extendi facias is that which is called the Writ of Extent whereby the value of Lands c. is commanded to be made and levied For to extend doth signifie in Law to value the Lands or Tenements of one bound by Statute c. who hath forfeited his Bond to such an indifferent rate as by the yearly Rent the Obligor may in time be paid his debt F.N.B. 131. And Extent doth sometimes signifie a Writ to the Sheriff for the valuing of Lands or Tenements and sometimes the Act of the Sheriff upon this Writ And if the Sheriff delay to execute the Writ of Extendi facias in the delivery of Lands Goods and Chattels of the Conusor to the Conusee that are apprised and taken into his hands upon the Extent he may be be forced to it by a Writ called a Liberate The Elegit is a Judicial Writ grounded upon the Statute and lyeth for him that hath recovered debt or damages in the Kings Court against one not able in his Goods to satisfie directed to the Sheriff to command him to make delivery of half the parties Lands and Tenements and all his Goods Oxen and Beasts for the Plough excepted Old Nat. Bre. 152. Reg. Orig. 129 299. The Scire Facias is a Judicial Writ most commonly to call a man to shew cause to the Court whence it is sent why Execution of a Judgment passed should not be made And this commonly is not granted before a year and a day be passed after the Judgment given In which cases for the most part Execution is not grantable until this Writ and the return thereof be had and past Vet. N. B. 151. And where a man shall be put to this To have Execution or not see 21 E. 3.22 Execution 53 55 69 89 97 143. Scire Facias 126. Execution 102 164 243. And here observe That Executions may be arrested and stayed by the Court wherein the Judgment is given By the Common Law for a debt for which a man had Judgement he could have had neither Body nor Lands in Execution in case of a common person but the Goods and Chattels and Profits of the Lands except in case of an heir chargeable by the deed of his Ancestor but the Law is now otherwise for at this day upon a Judgment given for debt or damages in the Courts of Record at Westminster generally the moyety of all the Land that the Defendant hath tempore redditionis judicii or at any time after and all the Goods and Chattels he hath tempore Executionis or the day of the Writ awarded shall be subject and lyable to the Executionâ— and all these may be taken in Execution by the Sheriff into whose hands soever they be come Dyer 306.34 Co. 3.12 34 H. 6.45 The Ca. sa did not lye at the Common Law against any man for debt but in case of the King until 25 E. 3.17 Vide Co. 3. in Sir William Herberts Case How the Sheriff and his Officers are to perform their Office in doing execution the following Observations will shew 1. If the Sheriff have a Writ of Execution delivered to him and a Writ of discharge or Supersedeas come to the Sheriff but he hath not notice of it In this case he may serve
Execution upon a Statute or Recognisance and when and how Wherein take notice 1. That when a man doth enter into a Statute or Recognisance the Land of the Conusor is not the debtor but the Body And the Land is lyable onely in respect that it is in the hands of the Conuâ—or at the time of the acknowledging of the Statute or afterwards and the Land is not charged with the debt but chargeable onely at the election of the Conusee but the person is chargeable and the Land in respect of the person And therefore although the Conusor alien his Land to another yet he remains debtor still and his body and goods shall be taken in Execution Plow 72. 2. That the body of the Conusor himself but not the body of his Heir Executor or Administrator is lyable to Execution and may be taken although there be Lands Goods and Chattels to satisfie the debt 3. That all the Demesne Lands Tenements and Hereditaments corporeal and incorporeal of the Conusor that are grantable over as his Mannors Messuages Lands meadows Pastures Woods Rents Commons Tythes Advowsons and the like also his Goods and Chattels as Leases for years and all his Emblements Cattel Housholdstuff and the like and Wardships when they were in being are lyable to Execution upon a Statute But Annuities Offices in Trust Seigniories in Frank-almoigne Homage Fealty Right to Land things in action and such like are not liable to such Execution Co. 3.12 Plow 72. Co. 2.59 Litt. Sect. 318. Dyer 7.205 Co. on Litt. 174. Doct. Stud. 53. Co. 2. Part. Inst 397. 4. All the Lands Tenements and Hereditaments which the Conusor had at the time of the Recognisance entred into or at any time after in whose hands soever or by what means soever the same are come at the time of the Execution shall be subject and lyable to the Execution But the Lands which the Conusor had and did put away before the time of the Statute or Recognisance entred into are not lyable And all the Goods and Chattels the Conusor hath or are found in his hands at the time when the Execution is to be made by Extendi facias are lyable But the Goods and Chattels he had and did bona fide do away before the time of Execution done are not lyable to the Execution Co. 3.12 5. The Conusee upon other Recognizances shall have the same things in execution as a man shall have after a Judgment in a Suit in the Kings-Bench or Common Pleas by Fieri facias or Levari facias all his Goods and Chattels and by Elegit the moiety of his Lands and all his Chattels besides the Cattel of his Plow and Implements of Husbandry But in these cases he cannot take the body of the Conusor in Execution unless it be upon a new Suit or in case of Bayl in the Kings Bench. Plow 72. Co. 3.12 Dyer 306. In the next place I will shew you the Method how a Statute or Recognizance is to be executed and all the proceedings thereupon Wherein observe That Recognisances are of two sorts 1. Such as are usually taken in the Kings Courts of Record at Westminster 2. Such as are in the nature of a Statute staple by the Statute of 23 H. 8. The proceedings upon the Statute Staple and the Recognisance founded on the 23 H. 8. aforesaid in the execution thereof are in the same manner as the proceedings in the Statute Merchant which I mention hereafter but with these differences 1. Upon the execution of the Statute-Merchant there issues forth a Capias against the Body before any execution be made of the Lands or Goods and Chattels and the Lands and goods cannot be extended till a quarter of a year be past after the Body is taken or the Sheriff have teturned a Non est Inventus But upon the execution of the Statute-Staple and the Recognisance the Body goods and Lands may be taken altogether at once Then secondly Upon a Statute-Merchant one may have an Action of debt but otherwise it is of a Statute-staple And thirdly The Capias upon the Statute-Merchant may be returnable in the Kings-Bench or Common-Pleas but the Writ of Execution upon the other is to be returnable in Chancery F.N.B. 130 131. Co. on Litt 290. Fourthly That in a Statute-Staple presently after the Certificate into the Chancery the Conusee shall have a Writ to take his body and extend his Lands and Goods returnable in Chancery which is a Commission directed to the Sheriff of the County where the Goods and Lands lye for the valuing thereof whereby they shall be apprised at a reasonable rate by a Jury of sworn men impanelled by the Sheriff for that purpose which Inquisition returned by the Sheriff he may take and deliver the Lands and Goods to the Conusee To hold the same till he be satisfied of his debt and damages or if he refuse the Conusee may force him to it by a Liberate Dyer 180. Co. 4.67 The proceedings upon a Statute Merchant are That the Conusee may if he please bring his Statute to the Mayor Clerk or other Officer before whom it was acknowledged and there if they find the record of it and the day to be past for the payment of the money they are to apprehend and imprison the body of the Conusor if he be a Lay-person and can be found within their Jurisdiction And if he cannot be found then they are to certifie the Record into Chancery And this they may be compelled to by Certiorari if otherwise they refuse to do it And upon a Nihil returned upon a Testatum est he may have process into another County but otherwise it is of goods And if that Certificate be faulty or Execution be not done upon it by reason of the Conusees death or otherwise the Conusee or his Executor or Administrator may have another Certificate and thereupon he shall have a Writ of Capias out of the Chancery directed to the Sheriff of the County where the Conusor lives to apprehend and imprison him if he be not a Clergy-man and this to be returned into the Kings Bench or Common-Pleas And when the Conusor is taken he shall have time for a quarter of a year to make his agreement with the Conusee and to sell his Lands or Goods to satisfie him And to that purpose he himself may sell his Lands and Goods although he be in prison and the sale thereof will be good and lawful But if in that time he do not satisfie the Conusor or if upon the Capias the Sheriff return a Non est inventus then by another or divers Writs if the Lands and Goods lye in divers Counties called Extendi facias to all the Sheriffs of the Counties where he hath Lands whereby they shall be commanded to extend his Lands and goods and to deliver the goods to him and the Lands To hold to him and his heirs till the debt be levied or paid And this Act of the Sheriff
forthwith be answerable to the Creditor for his debt And albeit the moveable Goods are sold for less than they are worth yet is the Debtor without Remedy and it shall be imputed to his own folly that he would not sell them himself while he might And if the Debtor have no moveables whereon the debt may be levied he shall be imprisoned and there remain till he agree with his Creditor and if he be in want the Creditor shall find him bread and water which the prisoner shall also satisfie before he be inlarged And if it be a Merchant Stranger that is Creditor he shall be satisfied for his stay about the business And if the Debtor have Sureties they shall be proceeded against in like form as is before declared against the Debtor howbeit so long as the Debt may be levied of the goods moveable of the Debtor his Pledges or Mainpernors shall be without damage Stat. de Mercatoribus 13 E. 1. A Debt acknowledged to a Merchant before the Mayor of London or Chief Warden of a Town which the King shall appoint or other sufficient Men when they cannot attend and before a Clerk which the King shall assign shall be enrolled and if it be not paid at the day the Debtor â—f he be a Lay-man shall be imprisoned by the Mayor till c. if he be within their power else by Writ out of the Chancery upon Certificate of a Recognisance thither And if he agree with the Creditor within a quarter of a year after then all the Lands which were the Debtors the day of the Recognisance made and also his Goods shall be delivered to the Creditors upon a reasonable extent And of these Lands so delivered the Conusee being ousted shall have an Assise or Redisseisin The Writs out of the Chancery shall be returnable before the Justices of either Bench and upon a Non est inventus returned or that he is a Clerk Writs to all the Sheriffs where he hath Lands or Goods shall go forth to deliver the same upon reasonable extent and to what Sheriff he will to take his Body The like process shall be against the pledges if the money be not paid at the day If the debtor or pledges dye the creditor shall have Execution upon the Lands of the heir at his full age Magna Charta cap. 8. The King shall not take the Lands or Rents of the debtors if he have sufficient Chattels Magna Charta cap. 18. The goods of the Debtor may be attached after his death by the view of lawful men that nothing shall be medled with till the Kings debt be paid Stat. 27 E. 3. cap. 9. The Mayor of the Staple shall take Recognisance of debt before himself and the Constables of the Staple whereupon default of payment being made the debtors Body shall be imprisoned and his goods sold in satisfaction if they be within the Staple else upon a Certificate into the Chancery a Writ shall go out from thence to imprison their Bodies and seize their Lands and goods which shall be returned into the Chancery and Execution thereupon in all respects as in the Statute-Merchant 〈◊〉 save that the debtor shall have no advantage of the quarter of a year Stat. 5 H. 4. cap. 12. A Statute being once shewed in the Common-Pleas and the process afterwards discontinued yet Execution may be afterwards awarded without shewing it again 11 H. 6. cap. 10. He that is in prison upon a Recognisance shall not be delivered out of prison upon a Scire facias against the party and surety thereupon found to the King alone but shall find Sureties severally as well to the King as to the other party Stat. 23 H. 8. cap. 6. Either of the Chief Justices or in their absence out of the same Term the Mayor of the Staple of Westminster with the Recorder of London may take Recognisances And they shall be executed in all respects as a Statute-Staple Stat. 27 Eliz. cap. 4. Every Statute-staple or Merchant not brought to the Clerk of the Recognisances within four moneths next after the acknowledging to enter a true copy thereof shall be against all persons their heirs successors executors administrators and assigns onely which for good consideration shall after the acknowledging of the same statute purchase the Land or any part lyable thereunto or any Rent Lease or profit of it Stat. 33. H. 8. cap. 39. All Obligations to the King shall be of the force of a Statute-staple If the Owner of goods sell his goods after the Teste of the Extent and before the Inquisition taken yet the Sheriff may seise and extend them Mores Rep. Case 72. Of a Dephesance A Defeasance which doth infectum reddere quod factum est signifies in our Law nothing but a Condition annexed to an Act as to an Obligation Recognisance Statute or Judgment which being performed by him that is bound and chargeable by the Act the Act it self is disabled and made void as if it had never been made or done And this is more peculiarly and properly applied to such conditional Instruments as are made in avoidance of Statutes and Recognisances at or after the time of entring into the same It differs from a Condition in this That a Condition is alwayes made at the same time with the Deed and commonly either annexed to it or inserted in it But a Defeasance is alwayes made in a Deed by it self and for the most part after the Original Deed is made or Act done to which it hath relation Wherein observe That all such things as are executory being created may by consent of all the parties to the creation of it be defeated so amongst others Bargain and Sales Statutes Recognisances and Judgements For it is a rule That in all Executory things that are made or created by Deed or Record the same thing by the consent of all the parties may in the like way be defeated and avoided Nihil est tam conveniens naturali aequitati quam quod unumquodque dissolvatur eo ligamine quo ligatur Co. upon Lit. 236. Plow 193.237 Co. 1.112 113. To make a good Defeasance these things are necessarily required 1. That if it be eodem mode it must be avoided by some act or instrument in Writing as it was created and therefore a Parol agreement to avoid a Statute will not be good It must therefore be by Deed but whether it be indented or Poll is not material Co. 1.14 Broo. Defeasance 13. Plowd 393. 2. That if it recite the Judgment or Statute which is very fit though not absolutely necessary care must be taken to reciâ—â—â— very exactly for if a Defeasance be made of a Statute or Recognisance made 1. Maii and it be recited to be made 10. of Maii it will be void so if it recite a Judgment as of Hillary Term and in truth it was in Easter Term. Plowd 393. Co. 1.113 3. It must be made between the same persons that were partieâ— to the