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A54332 The perfect conveyancer: or, Severall select & choice presidents such as have not formerly been printed. Collected by four several sages of the law. Edward Henden, Knight; late one of the barons of the Exchequer. VVilliam Noy, Attourney Generall to His late Majestie. Robert Mason, sometime recorder of London. And Henry Fleetwood, formerly reader of Grayes-Inne. Wherein are contained many excellent examples and instructions touching the manner and method of conveyances; usefull for all persons, that are professors in the law, and desire to be rightly and judiciously informed. With an exact table for the readers more ready recourse to any the particulars contained therein Henden, Edward, Sir, d. 1644. 1655 (1655) Wing P1479; ESTC R213933 520,918 567

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in his Demean as of Fee-simple of a good sure c. of and in the said Messuage c. and then had full power and lawfull authority in his own right to alien the same unto the said H.P. his Heirs and Assigns according to the purport of the said Deed And that the said H.P. his Heirs and Assigns shall or may from time to time and at all times hereafer continue and be clearly discharged or by the said T.B. his Heirs or Assigns sufficiently saved harmlesse of and from all manner of former Feoffments c. and incumbrances whatsoever the rents and services from henceforth to be due unto the Lord or Lords of the Fee of Fees thereof and one Annuity or yearly rent of c. only excepted And further if the said T.B. his Heirs and Assigns and all and every other preson or persons any thing in the said Messuage and other the premises or in any part thereof having or lawfully by from or under the said T.B. claiming shall and will from time to time and at all times hereafter And further that he c. will make further assurance during the space of c. make knowledge do and suffer all and every such further act and act c. unto the said H. his Heirs and Assigns according to the purport of the said recited Deed Be it by Fine Feoffment c. at the costs and charges in the Law of the said H. his Heirs or Assigns That then c. ¶ A Feoffment in Consideration of Marriage with general Warranty TO all c. Know ye c. in consideration of a certain Marriage between the aforesaid c. on the one part c. Daughter c. D. Clerk on the other part hereafter agreed unto to be solemnized Have given granted and by this my present Writing indented have confirmed to the aforesaid all my moity of an House Messuage or Tenement called W. and P. situ●te lying or being in the Parish of S. now or late in the tenute or occupation of one W. L. or his Assigns To have and to hold all and singular the aforesaid premises before in these presents mentioned to be given or confirmed with all and singular their appurtenances to the aforesaid c. his Heirs Assigns to the use behoof and intention hereafter in these presents mentioned and declared and to none other intent c. that is to say to the use and behoof of the aforesaid c. and their Assigns for and during the term of their natural lives and of the longer liver of them without impeachment of any waste in the person aforesaid c. and after the decease or the aforesaid c. then to the use and behoof of the Heirs of the body of the said c. by the aforesaid c. lawfully to be begotten and for default of such issue to the use and behoof of the heirs of the body of the said c. lawfully to be begotten and for default of such issue the remainder thereof to the right heirs of the aforesaid and their Heirs for ever and to none other uses or intents whatsoever To hold of the chief Lord of the Fee thereof by the services due and of right accustomed And I the aforesaid c. and my Heirs all and singular the aforesaid premisses before by these presents mentioned to be given or confirmed with all and singular th' appurtenances to the aforesaid c. their Heirs and Assigns to the use behoof and intentions aforesaid against all men will warrant and fore ever defend by these presents In witnesse c. A Grant of all such goods as belong to one Executor where are two Executors made with special Covenants THis INDENTURE made c. Between A.S. Widow late Wife of R.S. of c. deceased and one of the Executors of the said R.S. of th' one part And T.B. of c. of th' other part Witnesseth that whereas the said R.S. did by his last Will and Testament in writing make I.S. his Son and A. his Wife joynt Executors of his last Will and Testament And whereas the said R.S. did further by his said last Will Testament devise and bequeath certain legacies to divers and sundry persons as by the said will amongst other things therin contained more at large it doth and may appear Now these presents witnesse that the said A.S. for and in consideration of the sum of c. to her the said A. by the said T. B. well and truly in hand paid Covenant by the Grantor to joyn in probat of the Will with the other Executor And that neither the Grantor nor any other by her consent shall without the consent of the Grantee meddle with the administration of any the goods chattels c. except c. And further that the Grātor will not without the consent of the Grantee release or otherwise acquit any Debtor c. c. hath granted bargained sold assigned and set over and by these presents doth fully c. unto the said T. B. his Execut Administrators Assigns the moyety and one half of all and singular such goods and chattels as well real as personal Debts Duties and other things whatsoever which the Executors of the said R.S. now have or which either of them hath or which they or either of them at any time or times hereafter can or may of right have claim challenge and demand of any person or persons whatsoever or otherwise as Executor or Executors unto the said R. S. except such things as hereafter that is to say c. And the said A.S. for her her Executors c. doth by these presents Covenant grant to and with the said T. B. his Executors Administrators and Assigns in manner and form following that is to say that she the said A. shall will at any time hereafter within the space of c. upon reasonable request and at the costs and charges of the said T. B. his Executors Administrators or Assigns joyn in the probat of the said Will with the said I. S. the other Executor And further that neither she the said A. nor any other person or persons by her assent consent means or procurement shall or will at any time or times hereafter without the consent or agreement of the said T. B. his Executors or Administrators in any sort meddle or deal with the administration of any of the goods chattels or other things of the said R.S. or with any part or parcel thereof except with such things as are before excepted And further that she the said A. at any time or times hereafter shall not nor will not without the consent or agreement of the said T.B. his Executors Administrators or Assigns release discharge or otherwise acquit any Debtor or Debtors Debt or Debts summe or summes of money or other things whatsoever And that the Grantee shall without disturbance of the Grantor or any other claiming under her do or cause
aforesaid and in or about the last Will and Testament of E. G deceased for during and until the Debts and Legacies of the said E. G. be fully paid and disharged and also untill he the said Excecutor his Excecutors and Assigns shall have had levied and received all and every such discharges and expences whatsoever as he shall have laid out disbursed or be put unto in 〈◊〉 about the last Will and Testament of the said E. F. and in o●● 〈◊〉 the last Will and Testament of the said I. G. deceased which 〈◊〉 said Executors shall not by the last Will and Testament of the said I. be allowed and afterward to the use and behoof of I. G. Son of I. G. of R. aforesaid his Hei●● and Assigns for ever A Proviso or power of Revocation upon tender of c. Provided alwayes and it is covenanted condescended concluded and agreed upon by and berwees the parties to the these presents and every of them their Heirs and Assigns and every of them That if it fortune the above-named E. G. to have any issue of his body lawfully begotten that then upon the payment and tender of c. of c. unto then the said W.I. R.S. P.M. and P. H. or unto any of them their Heirs and Assigns or any of them at or in the South porch of the Parish Church of 〈◊〉 aforesaid this present Indenture and all clauses agreements limitations of use and uses and all and every other article whatsoever in the same conteined and all Feoffments and other conveyances and assurances is performance of these presents made or execured the limitation of the use and uses of the said Land called and known by the name of B. land and also the limitation of the use and uses of the said Land called K. and all the clauses articles and agreements in these presents conteined for and in any fort concerning the said Land always excepted and foreprized shall be utterly void determined and to none other effect or purpose and that then and immediatly after all the said Messuages Lands Tenements Hereditaments and all other the premises whatsoever in these presents mentioned with all every other the appurtenances shall be and remain unto the said E.G. his Heirs and Assigns for ever in such manner and form as though these present Indentures and all other conveyances and assurances upon the same executed had never been had nor made In witness whereof c. An Indenture of Covenants upon a Marriage THIS INDENTURE Tripartite c. Between W. P. of c. of th' one part I. B. of c. on the second part and I. H. of c. and I. S. of c. on the third part Witnesseth That whereas there is a Marriage by the grace of God in short time to be had and solemnized between the said I. B. party to these presents on the one part and E. P. Daughter of the above-named W. P. on th' other part It is therefore covenanted granted condescended concluded and agreed upon by and between the said parties to these presents and every of them in manner and form following that is to say First the said I. B. doth for himself his Heirs Executors Administrators Covenant promise grant and agree to and with the said W. P. his Executors and Administrators that he the said I. B. shall and will before the c. next and immediatly ensuing the date of these presents espouse and take to Wife the said E. P. Daughter of the said W. P. if she the said E. will thereunto assent consent and agree and the Laws of God and holy Church will it permit suffer And the said W.P. as well for and in consideration of the said Marriage so to be had and solemnized between the said I. B. and the said E. P. as aforesaid as also for the better establishing and settling of the Lands and Tenements hereafter mentioned to such uses and to such persons as hereafter they are limited and appointed and for divers other good and sufficient causes c. doth for himself his Heirs c. Covenant and grant Covenant by the Father of the Wife in consideration of the Marriage c. to infeoff c. certain persons to certain uses here expressed to with the said I. B. I. H. and I. S. their Executors and Administrators that he the said W. P. his Heirs and Assigns shall and will before the c. next and immediatly ensuing the date of these presents well and sufficiently by Eeoffment or other good and sufficient conveyance and assurance in the law assure and convey or cause to be assured and conveyed unto them the said I. H. and I. S. their Heirs and Assigns all and singular those his Messuages c. and the reversion and reversions remainder and remainders thereof and all other his hereditaments whatsoever together with their appurtenances at this present demise and let unto I. B. and R. N. and now in the tenure and occupation of them c. called and known by the name of c. containing in all by estimation c. set lying and being in the Parishes of c. in the said County of K. upon the demean of B. and the said premises do bound and butt in manner and form following that is to say c. And the said Land called B. in the occupation of R. N. bound and butt c. as the meets and bounds thereof doe every one divide and shew which the said Feoffment and other conveyance and assurance of the premises before mentioned to be made and every of them shall be and inure and shall be deemed adjudged esteemed and taken to be and inure And the said I. H. and I. S. and either of them and the survivor of them and either of them their Heirs and Assigns and all and every person and persons seised of the said premises and all and every part and parcel thereof with the appurtenances shall stand and be seised of the same and every part thereof to the uses intents and purposes hereafter in these other use intent or purpose whatsoever that is to say to the use and behoof of the said E. P. for and during the term of the natural life of the said E. And after the decease of the said E. P. to the use and behoof of the Heirs Males of the body of the said E. P. by the said I. B. lawfully begotten And for default of such issue to the use of the Heirs Females of the body of the said E. P. by the said I. B. lawfully begotten And for default of such issue to the Heirs Females of the said E. P. on her body lawfully begotten and for default of such issue then to the use of the said W. P. his Heirs and Assigns for ever Provided always and it is fully concluded and agreed upon by and between the parties to these presents and every of them their Heirs Executors Proviso that the c●stuy que uses
and the moyety of that my one moyety viz. the third part aforesaid c. with their appurtenances to the aforesaid I. and G. their Heirs and Assigns to the use behoof and intent aforesaid against me my Heirs and Assigns and against all other men claiming from me will warrant Aspecial warranty and for ever defend by these present A special warranty In witness c. The Condition of an Obligation to restrain Tenements intailed to be aliened by Fine Recovery or otherwise THe Condition c. that whereas one I. H. of c. within written Daughter-in-Law of the said I. B. hath by her sufficient Deed of Feoffment being of the date with these presents given granted and infeoffed the within named I. B. and one G. S. and their Heirs of and in all and singular the Messuages Lands Tenements and Hereditaments of her the said I. H. lying and being in the Parishes of H. and S. or elsewhere in the said County of K. to the uses intents and purposes in certain Indentures being of the date of these presents made between her the said I. H. of the one part and one I. S. of c. and the said G. S. and I. B. of th' other part mentioned specified limited and appointed and to none other use intent or purpose whatsoever And whereas by the said recited Indenture the use and uses of parcel of the said premises in the said Indenture particularly expressed are mentioned limited and appointed and it is by the said recited Indenture concluded that the said G. S. and I. B. their Heirs and Assign shall thereof stand and be seised to the use and behoof of the said I. S. and her the said I. H. and the survivor of them for and during the term of their natural lives and after their decease to the use and behoof of the Heirs of the said I. S. upon the body of the said I. H. lawfully begotteen and for default of such Heirs by the said I. S. of the body of the said I. H. lawfully begotten to the use and behoof of the said I. S. his Heirs and Assigns for ever And whereas by the said recited Indenture the use and uses of other parcels of the said premises in the said recited Indenture particularly expressed are mentioned limitted and appointed and it is by the said recited Indenture concluded and agreed that the said G. S. and I. B. their Heirs and assigns shall thereof stand and be seised to the use and behoof of her the said I. H. the Heirs of her body lawfully begotten for default of Heirs of the body of her the said I. lawfully begotten to the use and behoof of M. B. Wife of the within named I. B. for term of her life and after her decease to the use and behoof of A. B. and I. B. their Heirs and Assigns for ever as in the said deed of Feoffment and Indenture being of the date of these presents more plainly and more at large doth and may appear If therefore the said I. S. shall levy a Fine or suffer a Recovery or joyn with her the said I. H. in levying of a Fine or suffering of a Recovery of the said premises in the said recited Indenture specified or of any part or parcel thereof Or if the said I. S. shall doe suffer or execute or consent to the suffering or executing of any act or acts thing or things devise or devises whatsoever wherewith or whereby the use or uses of the said premises in the said recited Indenture specified or of any part or parcel thereof shall be in any sort altered changed or transferred to any person or persons in any other manner and form than by the said recited Indenture the same are limited expressed and appointed Or if the said I. S. solely by himself or joyntly with her the said I. H. shall doe or execute or consent to the doing or executing of any act or acts whatsoever be the same by demise for years for life or by any other way or means howsoever wherewith or whereby the said premises in the said recited Indenture specified and every part and parcel thereof shall or may not after the decease of him the said I. S. if she the said I. H. fortune to survive and over-live him the said I. be and remain unto her the said I. D. in possession according to the purport intent and true meaning of the said Indenture That then c. Or otherwise A Grant of a Rent to others to the use of the Feoffees for a Joynture before Marriage THIS INDENTURE c. Between I. S. of c. of the one part and G. S. and I. B. of c. of the other part Witnesseth That whereas the said I. S. is by the grace of God within short space to marry and take to Wife one I. D. of c. aforesaid Daughter in Law of the said I. B. Now the said I. S. for the absolute and perfect Joynture of her the said I. D. and for and in recompence har full satisfaction and discharge of all and singular the Dower or title of Dower which she the said I. D. sall or may be intitled unto in any the Messuages c. of the said I. S. hath before marriage between them the said I. and I. had and solemnized by the assent consent and agreement of her the said I. D. given granted and confirmed and by these presencs doth give grant and confirm unto the said G. S. and I. D. their Heirs and Assigns for and during the term of the natural life of her the said I. D. and to her only use and behoof one annuity or yearly rent of c. of c. to be issuing or going out of c. containing in the whole by estimation c. of land meadow pasture and wood-grounds whether more or lesse situate lying and being in the Parishes of B. and S. in the said County of K. upon the demeans of S. I. and M. and now in the tenure and occupation of one I. C. his Assignee or Assignees And the said premises bound and butt in manner and form following that is to say c. as the meets and bounds thereof do divide and shew To have levy perceive take and yearly enjoy and the said Annuity or yearly rent of c. immediatly from and after the decease of the said I. S. unto them the said G. and I. their Heirs and Assigns for and during the natural life of the said I. D. and unto the use of her the said I. D. and her Assigns during the term of her natural life aforesaid The said Annuity or yearly rent to be paid at or upon the said premises at 4 usual Feasts or terms in the year that is to say c. by even and equal portions And the first payment thereof to begin at the first of the said Feasts which shall happen next and immediatly after the decease of the said I. S. and not before
to whom such demise shall be made that whereas the said Sir R.M. is indebted unto several persons in the sum of c. to the intents that the said debts may be paid and discharged it shall and may be lawfull to and for the said R. M. by his Indenture under his hand and seal to demise and let all that the said c. reciting the parcels And that the said Lease and Demise so to be made shall be good in Law and that for the making of the said Lease as aforesaid the said Sir P.W. c. their heirs assigns and every of them and all and every other person and persons then standing or being seised of the said premises so to be demised and every part thereof shall stand and be seized thereof to the use and hehoof of every such person or persons to whom any such Lease or Demise shall be as aforesaid made to his and their executors and assigns according to the purport intent and true meaning of the said Lease and Demise Proviso that the heir may make his wife a Joynture of parcel of the premises that the Feoffees shal stand seized to the use of such wife accordingly Provided furthermore to the intent that the said I. M. may be the better advanced and preferred in Marriage that it may and shall be lawfull to and for the said I. M. to make unto such wife or wifes as he shall fortune to marry or unto any other person or persons to the use of such wife or wifes a Joynture of so much of the said Manor and other the said premises with their appurtenances as shall amount unto the yearly sum of c. and not above for the term of the life of such wife or wifes only and no longer and to convey and assure the same accordingly and that the said Joynture to be made shall be good and available in the Law and that they the said Sir P.W. c. and every of them their heirs and assigns and every other person and persons then being seized of the said premises to be made and conveyed in Joynture shall stand and be thereof seized to the use and behoof of such wife and wifes to whom the same shall be conveyed or assured in Joynture as aforesaid for and during the term of her life according to the intent and meaning of these presents any matter or thing before specified to the contrary hereof notwithstanding Provided always that if the said I. M. shall or do contract himself in marriage Proviso that if the heir marry without the consent of the Feoffees first had in writing that then the uses of the premises unto him limited as also unto the heirs males of his body shall cease be determined c. or do marry with any person or persons whatsoever without the consent and good liking of them the said Sir P.W. c. or without the consent and good liking of the said Survivor or Survivors of them first had and in writing obtained That then and from thenceforth the use of the said premises unto the said I.M. by these presents limitted and to every of the heirs males of his body to be begotten shall absolutely cease and be determined both in respect of him the said I. M. and also of every of the said heirs males of his body to be begotten to all intents and purposes as if he or they had never been named or mentioned in these presents and that then and from thenceforth they the said Sir P.W. c. their heirs and assigns and every of them shall stand be seized of the said premises and of every part and parcel thereof to the use and behoof of such other person persons and with such provisoes and limitations as is before in these presents limited appointed as if the said I. M. were naturally dead without heir of his body any clause or matter before specified to the contrary notwithstanding c. A Release of a Proviso and Condition THis Indenture c. Between I. S. of c. of c. of th' one part and R. W. of c. on the other part Witnesseth that whereas the said I.S. by his Indenture bearing date c. for a certain competent sum of money to him by the said R.W. before th' ensealing thereof in hand paid did give grant bargain sell and confirm unto the said R. W. his heirs and assigns c. recite the particulars in the said Indenture And the said I.S. for the consideration aforesaid did by his said Indenture give grant bargain and sell unto the said R.W. all other his lands tenements and hereditaments whatsoever situate c. in the said Parish of B. To have and to hold the said c. and all other the premises by the said Indenture mentioned to be bargained and sold with all and singular their appurtenances unto the said R.W. his heirs and assigns to the only and proper use and behoof of the said R.W. his heirs and assigns for ever as in and by the said Indenture more plainly and at large it doth and may appear In which said Indenture there was also amongst other covenants one proviso or condition contained to the effect following That if c. recite the condition verbatim as in and by the said Indent more plainly at large amongst other things doth may appear Now this Indent witnesseth that the said I.S. for in consideration of the sum of c. unto him the said I.S. by the said R.W. before the ensealing delivery of these presents well truly in hand paid Release of a Condition doth for him his heirs executors administrators and assigns and every of them clearly and absolutely remise release acquit and discharge unto the said R. W. his heirs executors and administrators as well the said proviso and condition as all other provisoes conditions covenants and agreements in the said recited Indenture contained or therein mentioned or expressed and all and all manner of power liberty authority right title or demand which I the said I.S. his heirs executors administrators and assigns hath or may have challenge or demand by force or vertue of the said proviso or condition or any other proviso or condition in the said Indenture contained And that the said I.S. his heirs executors administrators and assigns shall from henceforth be utterly excluded and disabled to take any benefit of the said proviso or condition and that the same from henceforth shall be absolutely void and determined And also he the said I. S. doth for him his heirs and assigns and every of them remise release and quite claim unto the said R. W. his heirs and assigns all and singular right title use interest challenge and demand of in or unto the said Messuages lands tenements and all other the said premises in the said Icdenture mentioned or expressed with their appurtenances and of in or to any and every part and parcel thereof
and executing thereof stand and be seized of the said Manour and premises to the uses intents That the Recovery shall be for one annuity of ●ol per 〈◊〉 and purposes hereafter specified expressed or declared and to none other use intent or purpose viz. from and after the execution thereof that the same be for one annuity or yearly rent of 20l. by the yeare to issue out of the said Manours and premises to the use of the said H. S. and his Heires during the life of the said R. payable at the Feasts of c. by even and equall portions and to the intent use and purpose that if the said annuity or yearly Rent be behinde and unpaid after any of the said payable Feasts at which the same ought to be paid If the annuity be behind it shall be lawful for him to distraine That then and so often it shall be lawfull to and for the said H. and his Heires into the said Manour and premises to enter and distraine and the distresse and distresses there found to take lead drive carry away impound and retaine untill the said annuity with the arrerages thereof it any be fully contented satisfied and paid unto the said H. S. his Heires or Assignes And to the further use and behoof of and for the said Manours and premises with the appurtenances to for and of the said R. S. for terme of his life without impeachment to waste and from and after the decease of the said R. that the same Recovery and Recoveries before one other annuity or yearly Rent of 20l. per annum It shall be for other annuity of 20l. per ●nn to issue out of the said Manour and premises to the use of the said A. during her naturall life payable at the said Feasts by even and equall portions and to the intent use and purpose that if the said annuity or yearly Rent of 20l. be behind and unpaid after any of the said payable Feasts at which the same ought to be paid during the life of the said A. after the decease of the said R. That then and so often it shall be lawfull to and for the said A. after the death of the said R. into the said Manour c. ut supra And from and after the Decease of the said R. to the further use and behoof of and for the said Manour and premises with the appurtenances to be so as aforesaid recovered of the said H. S. and E. and of the Heires of the body of the said H. by him on the body of the said E begotten or to be begotten And for default of such issue then to the use of the Heives of the body of the said E. lawfully begotten and for default to such issue then to the use of the Heires males of the body of the said R. on the body of the said A. lawfully to be begotten and for default of such issue then to the use of the right Heires of the said E. for ever And the said R. S. c. doth covenant c. to and with the said H. S. c. That the said R. S. his Heires c. shall and will from time to time and at all times hereafter acquit exonerate and discharge or otherwise upon reasonable request to him or them in that behalse made save and keep harmlesse and indempnified as well the said Manour and premises and every part thereof as also the said H.S. and E. and their said Heires of for and concerning the said Manours and premises of and from all and all manner of former grants bargains sales statutes recognizances charges titles troubles and incumbrances whatsoever had made done knowledged or suffered or hereafter to be had c. ut supra by the said R.S. or any other person or persons by his meanes assent or procurement such assurance as the said R. hath heretofore made to Covenant for further assurances and for the use of the said H. and E. or either of them only excepted And also the said R.S. doth further c Covenant c. to and with c. That he that said R. and his Heires shall and will make doe knowledge and suffer or cause and procure to be had c. all and every such further and reasonable act and acts thing and things device and devices in the law for the further assuring and sure making of the said Manor and premises and every part thereof unto the said H.S. and E. and their said Heires to the uses and intents aforesaid Be it by fine or fines recovery or recoveries feoffements release confirmation or otherwise with warranty of the said R. and his Heires against him and his Heires or without warranty if it be so required As by the said H.S. his Heires or Assignes or his or their learned Councell in the law shall be devised advised and required In Witnesse whereof to one part of these present Indentures tripartite remaining with the said H.S. and E. his Wife the said R.S. and A his Wife T.V. and R.S. have put their seales to another part of the same Indentures remaining with the said R.S. and A. The said H.S. and E. his Wife T.V. and R.S. have put their seales and to one other part also of the same Indentures remaining with the said T.V. and R.S. the said R.S. and A. his Wife H.S. and E. his Wife have set their seals Dated the day and year first above written An Indenture of Covenants upon Uses for leavying a Fine and for the perfecting of the Estate of the Lessee for yeers THis INDENTVRE made c. Between I.H. of c. of the one part and I.T. of c. of the other part Witnesseth that Sir T.T. Knight Grandfather to the said I.H. party to these presents did by his Indenture of Lease Dated c. demise grant and to farme let unto the said I.T. all that his houses edifices buildings barnes stables orchards gardens meadowes feedings pastures closes moores mosses wast ground woods under-woods wayes waters common of pasture and turbary and hereditaments whatsoever in S. commonly called and knowne c. To have and to hold c. unto the said I.T. for and during the term c. Yeelding and paying therefore yearely during the said terme a certaine yearely Rent As by the said c. may appeare Now the said I.H. for and in consideration of a certaine summe of money to him in hand paid by the said I.T. before the ensealing and sure making of the said Lease for yeares unto the said I.T. and his Assignes and to the end and intent that the same Lease may be peaceably and quietly occupied and enjoyed according to the true intent and meaning of the same without and eviction of the said I.H. his c. And the said I.H. c. doth Covenant c. That the said T.T. Covenant to leavy a Fine or his Heires shall and will at the costs and charges in the law of the said I.T.
Article herein contayned c. And finaly the said I.R. doth Covenant For further assurances c. That he the said I.R. his c. from time to time and at all times hereafter upon the reasonable request cost and charges in the Law of the said R.W. his c shall and will doe knowledge seale deliver and excute all and every such further act and acts thing and things assurance and assurances whatsoever as shall be reasonably required and devised by the said R.W. his c. or by his or their Councel learned in the Law for the ratifying prosecuting and sure making of all and singular the Covenants grants clauses provisoes payments and agreements before in these presents expressed and declared which upon the part and behalfe of the said I.R. his c. are to be kept performed and accomplished according to the true intent purport and meaning of these presents In Witnesse c. Covenants of Marriage very necessary THis INDENTVRE made c. between R.L. of the one part and T.Y. L.Y. and R.C. of the other partie Witnesseth That whereas a Marriage is intended by the permission of God to be had and solemnized between the said R.L. and T.Y. it is therefore Covenanted granted concluded and condescended and fully agreed between the said Parties to these presents in consideration of the said Marriage in manner and forme following And first the said R.L. for himselfe doth Covenant promise and grant to and with the said T.Y. H.Y. and R.C. their c. and every of them by these presents That the said R.L. shall and will before the last day of May next ensuing the Date hereof lawfully Marry and take to his Wife the said T.Y. if the said T.Y. doe and will assent and agree thereunto and the Lawes of God and holy Church doe and will permit and the same suffer And the said T.Y. H.Y. and R.C. for them and every of them doe in like manner Covenant c. That she the said T.Y. shall and will c. as supra That R.L. shall stand seized of Lands to uses In consideration of which Marriage to be had and solemnized the said E. doth for him his c. by these presents Covenant and grant to and with the said T.Y. H.Y. and T.C. their c. That he the said R.L. his c. shall and will immediately after the solemnization of the said Marriage for evermore stand and be seized of and in one Messuage c. and of and in all other the Lands Tenements and Heriditaments whatsoever whereof the said R.L. now hath or at any time sithence the death of the said I.L. his late Father had any Estate of inheritance in possession within the said County of C. or elsewhere within the Realme of England descended to him by or from his said late Father and of and in all and singular the rents reversions commodities and profits with the appurtenances to the said Messuages and other the premises or to any part or parcel thereof in any wise belonging or appertaining to the use and uses purposes and intents hereafter in these presents mentioned limited and expressed and to none other purpose or intent That is to wit First To whose use he shall stand seized to the use and behoof of the said R.L. for and during the terme of his natural life without impeachment of any manner of waste And after his decease to the use of the said T.Y. for and during the terme of her natural life for and in the name of her Joyntture if she shall happen to survive and outlive the said R.L. and from and after the decease of the Survivor of them the said R. and T. to the use and behoof of the Heires of the said R. by and upon the body of the said T.Y. lawfully to be begotten And for default of such issue then to the use of the right Heire of the said R.L. for ever For further Assurances And the said R.L. for him his c. doth Covenant c. That he the said R.L. his c. shall and will at all times and from time to time hereafter during the space of c. next after the said marriage had and solemnized as aforesaid doe acknowledge and suffer to be done knowledged and executed at his or their proper costs and charges upon lawful and reasonable request to him or them to be made by the said T.Y.H.Y. and R.C. or any of them their or any of their c. all and every thing and things device and devices whatsoever for the further assurance sure making and conveying of the premises and every part and parcell thereof to the uses purposes and intents before in these presents limited mentioned and declared and to none other use intent or purpose as by the said T.Y.H.Y. and R.C. their or any of their learned Councel shall be reasonably devised or advised That the said Messuages c. are free from incombrances And that the said Messuages Lands Tenements and Hereditaments and all other the premises with the appurtenances in these presents before mentioned at the Day of the solemnizing of the said marriage and at all times afterwards shall be and continue free clearly acquitted and discharged or otherwise sufficiently saved harmlesse by the said R.L. his c. of and from all manner of former bargaines sales Joyntures Dowers statutes-Merchants and of the staple recognizances bonds deeds obligatory judgements executions intrusions fines for alienations fees annuities rents and arrearages of rents leases Estate and Estates in taile and of and from all other charges titles and incombrances whatsoever heretofore had made done committed knowledge or suffered by the said R.L. or by any other person or persons by his meanes or procurement The rents and services of old time due and accustomed to be paid to the chief Lord and Lords of the fee and fees thereof and hereafter to become due and payable for the same and out of the lease of c. only excepted and foreprized And further the said R.L. doth Covenant c. If R.L. buy any Lands it shall be to the use of him and T.Y. his Wife c. that if the said R.L. or any other person or persons to his use and behoof shall at any time hereafter happen to purchase any Lands Tenements or Hereditaments of any person or persons whatsoever during the life of the said T.Y. That then the said R.L. shall cause and procure all such Lands Tenements and Hereditaments which shall so fortune to be sufficiently conveyed procured and assured to the use of the said R.L. and of the sayd T.Y. for and during their two natural lives and the life of the longest Liver and Survivor of them And after their decease to the use and behoof of the Heires of the body of the said R.L. by and upon the body of the said T.Y. lawfully to be begotten And for default of such issue then to the use and behoof of him the
with divers special Covenants concerning the same and other uses to that intent THis INDENTVRE made c. Witnessesh that for and in consideration of a Marriage already agreed upon by the grace of God shortly to be had and solemnized between the said T P and M G Sister unto the said I G and in consideration of the sum of c. to be paid unto the said T P in preferment with the said M to the said marriage by the said I G well and truly contented and paid as hereafter by these presents is declared and appointed And for divers other good and reasonable causes respects and considerations the said parties serverally moving It is now Covenanted granted concluded condescended and agreed by and between the said parties and either of the said parties doth by these presents Covenant grant and agree for himself his Heirs c. to and with the other of the same parties his Heirs Executors and Administrators and every of them in manner and form and to the effect following viz. Firsth the said E P and T P do by these presents for them their Heirs c. grant covenant and promise and either of them for and by himself his Heirs c. doth grant c. to and with the said I G his Heirs Executors and Administrators That they the said E P and T P and either of them at all times hereafter and from time to time at and upon the reasonable request consts and charges in the Law of the said I G his Heirs c. shall and will make seal deliver acknowledge suffer perform perfect and execute unto such person or persons or his or their Heir as the said I G his Heirs c. shall nominate and appoint all and every such conveyances estates foeffements fines recoveries acts things writings demises and assurances in the Law in and upon all the capitall Messuages and Tenements with the appurtenances called c. situate c. and all the Lands Tenements Meadows Leasowes Pastures Woods Under-Woods Commons Rents Reversions Conditions and Hereditaments whatsoever to the same capitall Messuages in any wise belonging or now or at any time herefore let used occupied or enjoyed to or with the same or known reputed accepted or taken for or as part thereof And of in and upon all that capitall Messuage c. called c. and of and in and upon all that water corn milne cum pertinentiis commonly called or known by the name of c. and all Lands pools waters water-courses stagns ponds floud-gates streams profits maltures suit-commodities customes easments and emoluments to the same milne belonging or appertaining or to or with the said milne occupied or enjoyed and of in and upon all and singular those two several Messuages and Tenements with the appurtenances in c. commonly called by the several names of c. and all the Lands Tenements Cottages Meadowes Leasowes Woods Pastures and Hereditaments whatsoever cum pertinentiis to the said several Messuages or either of them severally belonging or in any wise appertaining or to and with the same Messuages or either of them now or at any time heretofore occupied used or enjoyed And of in and upon all those Messuages Lands Tenements and Hereditaments cum pertinentiis which the said E and T or either of them hath or at any time had in c. and which now be or late were in the several tenures possessions or occupations of c. or any of them or their Under-tenants or Assignes or the Under-tenant or Assignee of either of them And of in and upon all the tythes of corn grain and hay and all other tythes coming growing recruing and arising of and within c. and the same fields and grounds compassed c. And of in and upon all courts profits and perquisits of courts waifs strayes heriots reliefs roylties and all other profits and commodities of the same And of in and upon all other the Messuages Lands Tenemants and Hereditaments cum pertimentiis which the said E and T have or at any time had Habend ' to uses of or in any state of inheritance within or any of them To have and to hold the said Messuages Lands Tenements and Hereditaments and all other the premisses with the appurtenances unto the said person or persons to be named and appointed as aforesaid and his or their Heirs or Assignes to the uses behoofs purposes and intents and with upon and under the conditions provisoes liberties and limitations hereafter in these presents limited expressed set down appointed and declared by the said I G his c. or his or their Councel learned shall be reasonably devised advised framed or required so as the said E and T nor either of them shall not be compelled or driven to go or travel for the making acknowledging suffering or excuting of the said estates feoffements c. or any of them out of the County of c. And it is granted condescended concluded accorded determined and agreed by and between the said parties to these presents for them their Heirs c. That the said estates conveyances c. shall be and the said person or persons and his or their Heirs or Assignes shall stand and be seized of all and singular the said Messuages Lands Tenements and Hereditaments and all other the premises with the appurtenances to the several uses intents behoofs and purposes and with under and upon the conditions provisoes and limitations hereafter in these presents limited appointed specified expressed and declared and to none other use intent purpose or meaning That is to say that the said estates c. for touching and concerning theh said Messuages and Tenements cum pertinentiis called c. and the Demeasne Lands belonging thereunto and all Lands Meadowes c. ut supra occupied and used for as Demeasne Lands thereunto belonging and all Lands Meadowes and Pastures or to or with the same or either of them and for and touching the said several Messuages That it shall be to the use of T. P. and M. for a Joynture and to other uses Lands and Tenements with the appurtenances now or late in the several tenures possessions or occupations of c. shall be and the said person and person c. or his or their Heirs or Assigns shall stand and be thereof seized to the use and behoof of the said T P and of the said M for and during the term of their natural lives and the longer liver of them for and in the name of a Joynture to the same M. without impeachment of wast during the life of the said T P and after their decease to the use and behoof of the first son which the said T shall hereafter have of his body upon the body of the said M lawfully begotten and to the use and behoof of the Heirs of the body of the said first son lawfully issuing And for default of such issue to the use and behooof of c. And the said
Lands Tenements Rents Reyersions Services and Hereditaments with their and every of their appurtenances of or in R. or elsewhere in the County of S. now or late being or reputed the freehold and inheritance of the said Sir W. B. And of or in all and singular Messuages Houses Edifices Buildings Barnes Stables Orchards Gardens Farms Lands Tenements Meadowes Pastures Feedings Woods Underwoods Rents Reversions Services Royalties and Hereditaments whatsoever with all and singular their and every of their appurtenances in R. aforesaid or elsewhere in the said County of S. of or in which the said VV. B. now hath any estate of inheritance And of or in all and singular Rents and yearly profits reserved due or payable out of or for the premises and every o● any part or parcel thereof And of or in the reversion and reversions remainder and remainders of the premises and of every part and parcel thereof shall and will stand and be seized thereof and of and in 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 Sir W. B. and his Heires untill the said Marriage had and solemnized between the said H.B. and A. then to the use of H.B. for and during his natural life without impeachment of wast and after his decease theu to the use of A. for term of her natural life And from and after the decease of the Survivor of them the said H. and A. then to the use of the Heires males of the body of H. S. on the body of A. lawfully begotten and for default of such issue then to the use and behoof of the Heires males of the said ‑ H. B. lawfully begotten and for default of such issue to the use and behoof of the said Sir W. B. for and during his natural life and after his decease to the use and b●hoof of R. B. second Son of Sir W. B. and of the Heires of the said R. lawfully begotten and for default of such issue then to the use and behoof of the right Heires of the said W. B. for ever That is to say to the use and behood of the said Sir W. B. and of his Heires untill the said Marriage shall be had and solemnized between the said H. B. and the said A.S. and from and after the said Marriage had and solemnized between the said H.B. and the said A. then to the use and behoof of the said H.B. and of 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 behood of the said Ann● and of her Assigns for and during the term of her natural life and from and after the decease of the Survivor of them the said H. and A. then to the use and behoof of the Heires males of the body of the said H.B. on the body of the said A. lawfully to be begotten and for default of such issue then to the use and behood of the Heires males of the body of the said H.B. lawfully to be begotten and for default of such issue then to the use and behoof of the said Sir W.B. and of his Assigns for and during the term of his natural life and after his decease then to the use and behoof of R. B. second Son of the said Sir VV B. and of the Heires males of the body of the said R. lawfully to be begotten and for default of such isse then to the use and behoof of the right Heires of the said Sir VV. B. for ever Covenant that the Lands are discharged c. or shall be saved ●●armel ●●●e from all inca●●brances And the said Sir VV. B. for himself his Heires Executors and Administrators and for every of them doth by these presents Covenant promise and grant to and with the said N. S. his Heires Executors and Administrators and every o● th●m That the said Manour c. and all and singular other the premises with their apputenances before mentioned now are and be and so at all times hereafter and from timo to time shall be remain and continue unto the uses intents or purposes before in or by these presents limited expressed or declared free and clear and freely and clearly acquitted exonerated and discharged or othetwise well and sufficiently saved and kept harmelesle of and from all and all manner of Bargaines Sales Gifts Grants Leases Joyntures Dowers Ules Wills Intailes Fines Feoffements Recoveries Statutes Merchant and of the Staple Recognizances Judgements Executions and of and from all other charges titles troubles and encumbrances whatsoever be or shall be had made committed or done by the said Sir VV. B. or by any other Person or Persons by his means Excepeing certain Leases c. made by c. the true Copies of Counterparts wherof are now delivered by Sir W. B. to N. S. consent or procurement All such Leases estates and interests as the said Sir VV. B. hath heretofore made or caused or suffered to be made to any Person or Persons of or concerning all and singular the said Manours Capital Messuages or Farmes Lands Tenements Hereditaments and other the premises or any part or parcel of them by any Deeds Indentures or Writings the true Copies or Coanterparts wherof be now delivered by the said Sir VV. B. unto the said N. S. onely exceptd and foreprized * The usuall Covenant for further assurance with every such further lawful reasonable act and acts thing and things device and devices in the Law whatsoever for the more perfect and better assurance of the said Manours c. to remain to such uses intents and purposes as are before in the presents limited And also that he the said Sir VV. B. and his Heires shall and will at all times hereafter and from time to time at and upon the reasonable requests and costs and charges of the said N. S. his Heires or Assigus doe make knowledge execute and suffer to be made and done all and every such further lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further more better and perfect assurance sure making and conveying of the said Manours c. and of every part and Parcel therof to be and remain to such uses limitations intents and purposes as are therof before in or by these presents limited declared or appointed Be it be Recovery or Recoveries with one or more Voucher or Vouchers over Fine or Fines with or without Proclamations Feoffment or Feoffements or by any other waies or means whatsoever as by the said N. S. his Heires or Assigns or by his or their Councel learned in the Law shall be reasonably devised advised required ¶ In witnesse whereof to one part of these present Indentures remaining with the said N. S. the said Sir W. B. H. B. and A. S. have set their hands
in exigent or by any other wayes or means convicted condemned or attainted Free Warrens Franchises and Royalties c. Knights fees free-warrens liberties franchises priviledges jurisdictions Royalties the assise of bread wine and ale fayres markets tolls profits commoditles and emoluments whatsoever to the said Manour Lordship Capital Messuage and all other the premises and every or any of them belonging or in any wise appretaining and the Reversion and Reversions Remainder and Remaiders of all and singular the premises and every part and parcel thereof And also all that Messuage Tenement or Farme and all the Lands Meadowes Pastures and Underwoods to the same belonging scituate lying and being in D. aforesaid in the said County of B. called or known by the name of D. And all and singular other the Manours Lordships Messuages Lands Tenements and Hereditaments whatsoever of the said Sir W. B. lying and being within the Parish of D. in the said County of B. or elsewhere within the said County of B. And to the intent that G. S. and S. M. may be perfect Tenents of the freehold that one or more Recovery or Recoveries may be ther of had and pursued by the said Sir H. M. W. G. c. or some of them whereupon the said Sir W. B. Lady M. his Wife and H. B. shall be vouched in such manner with such and so many Vouchers as by the said N. S. his Heirs c. or by his Councel learned in the Lawes shall be reasonably devised or advised and required To the intent and purpose that they the said G.S. and S.M. shall lor may be the full and perfect Tenents of the Freehold of the premises in such sort as that one or more Recovery or Recoveries may be therof and of every of them had and pursued by the said Sir H.M.W.G. Ro. B. W. G. F. J. or some of them whereupon the said Sir W.B. Lady M. his Wife and H. B. shall be vouched in such sort and manner and shall so therein demean themselves that one or more Recovery or Recoveries shall or may be had with such and so many Vouchers as by the said N. S. his Heirs Executors or Administrators or by his or their Councel learned in the Law shall be reasonably devised or advised and required The which shall be executed accordingly before the Feast Day of c. now next ensuing And it is fully concluded and agreed by and between all the said parties to these presents That as well the said fine the said Recovery and Recoveries and the execution and executions thereupon to be had and all other Fines and Recoveries to the uses intents and purposes hereafter mentioned shall be and shall be adjudged deemed and taken to be and she Recoverers and every of them and their Heirs shall and will stand and be seized and be adjudged deemed and taken to be sejzed of the said Manour and premises and of every of them to the uses intents and put poses hereafter mentioned To the onely use and behoof of the said Sir W. B. his c during his natural life and after his decease to the use of the L. M. his now Wife and her Assigns during her life in recompence of her Joynture and Dower and after her decease and after the Marriage had between H. B. and A. S. then of and concerning all those Lands Tenemants and Hereditaments with the appurtenances called 5. To the onely use and behoof of H. B. and his Assigns during his life without impeachment of waste and after his decease then to the use and behoof of the said A. and her Assigns for and during her life and in full satisfaction and recompence of the Joynture and Dower of the said A. of and in all and singular the Lands c. of the said H. B. and after the decease of the Survivor of the said H. and A. then to the use of the Heirs males of the body of H. B. on the body of A. lawfully begotten and for default of such issue to the Heirs males of H. B. and for default of such issue then to the use of R. B. second Son of Sir W. B. and of the Heirs males of the body of the said R. lawfully begotten and for default of such issue then to the use of the third Son of the body of Sir W. B. upon the body of the said Lady M. lawfully begotten or to be begotten and for default of such issue then to the use of every other Son and Sons of the said Sir W. B. successively and in order as they be in seniority of age and of the Heirs males of their several bodies lawfully begotten and for default of such Son and issue male then to the use and behoof of the Heirs females of the body of the said Sir W. B. upon the body of the said La. M. lawfully begotten and for default of such issue then to the use and behoof of the Heirs males of the said Sir W. B. lawfully begotten and for default of such issue then to the right Heirs of the said La. M. for ever that is to say To the onely proper use and behoof of the said Sir W. B. and of his Assigns for and during the term of his natural life without impeachment of or for any manner of waste And from and after his decease then to the onely use and behoof of the said Lady Mary now his Wife and of her Assigns for and during the term of her natural life in part of satisfaction and recompence of her Joynture and Dower And from and after the decease of the Lady Mary and after the said Marriage had and solemnized between the said H. B. and the said A. S. then of for and concerning all those Lands Tenements and Hereditaments with their appurtenances commonly called S. c. to the onely use and behoof of the said H. B. and of his Assigns for and during the term of his natural life without impeachment of or for any manner of waste And from and after his decease then to the use and behoof of the said A. and of her Assigns for and during the tearm of her natural life in full satisfaction and recompence of the Joynture and Dower of tue said Aunt out of in and to all and sigular the Lands Tenements and Hereditaments of the said H. B. And from and after the decease of the Survivor of the said H. and A. Then to the use and behoof of the Heirs males of the body of the said H. B. on the body of the said A. lawfully to be begotten And for default of such issue then to the use of the Heirs males of the body of the said H. B. lawfully to be begotten And for default of such issue then to the use and behoof of R. B. second Son of the said Sir W. B. and of the Heirs males of the body of the Son R. lawfully to be begotten And for default of such issue then to the use
and behoof of the third Son of the body of the said Sir W. B. upon the body of the said L. M. lawfully begotten or to be begotten and of the Heirs males of the body of the said third Son lawfully to be begotten And for default of such issue then to the use and behoof of all and every other Son and Sons of the body of the said Sir W. B. upon the body of the said La. M. lawfully to be begotten successively and in order one after the other as they shall succeed and be in seniority or of age and of the Heirs males of the several bodies of all and every such other Son and Sons lawfully to be begotten And for default of all and every such Son or issue male then to the use and behoof of the Heirs females of the body of the said Sir W. B. upon the body of the said La. M. lawfully begotten or to be begotten And for default of such issue then to the use and behoof of the Heirs males of the body of the said Sir W. B. lawfully to be begotten And for default of such issue then to the use and behoof of the right Heirs of the said La. M. for ever And for and concerning the rest residue of the said Manours of D. and other the Messuages Lands Tenements Hereditaments and premises with the appurtenances in the said County of B. whereof no use or uses are limited declared or appointed from and after the decease of the said Sir W. B. and La. M. and of the Survivor of them shall be adjudged deemed and taken to be seized of the rest and residue of the said Manour of D. aforesaid to the uses hereafter mentioned to the use of the said H. B. and of the Heirs males of his body on the body of A. lawfully begotten and for default of such issue then to the use of the Heirs males of the body of H. B. lawfully begotten and for default of such issue to the use of R. B. second Son of Sir W. B. and so for default to the third Son and of the Heirs of the third Son lawfully begotten and for default of such issue then to the use of all and every Son as in the former is expressed And of for and concerning all and singular the rest and residue of the said Manour of D. and other the Messuages Lands Tenements and Hereditamenes and premises with the appurtenances in the said County of B. whereof no use or uses is or are before in or by these presents limited declated or appointed from and after the decease of the said W. B. and La. M. and of the Survivor of them That then the said Recovery and the execution thereupon to be had and executed shall be and shall be adjudged deemed and taken to be and the Recoverers and every of them and their and every of their Heirs shall and will from and after the decease of the Survivor of the said Sir W. B. and La. M. stand and be seized and be adjudged deemed and taken to be seized of the rest and residue of the said Manour and premises in D. aforesaid and of every of them to the uses intents and purposes hereafter mentioned that is to say To the use and behoof of the said H. B. and of the Heirs males of the body of the said H. B. on the body of the said A. lawfully to be begotten And for default of such issue then to the use and behoof of the Heirs males of the body of the said H. B. lawfully to be begotten And for default of such issue then to the use and behoof of the said R. B. the second Son of the said Sir VV. B. and of the Heirs males of his body lawfully to be begotten And for default of such issue then to the use and behoof of the third Son of the body of the said Sir W. B. upon the body of the said La. M. lawfully to be begotten and of the Heirs males of the said third Son lawfully to be begotten And for default of such issue then to the use and behoof of all and every other Son and Sons of the body of the said Sir VV. c. as in the former And the said Sir VV. B. for himself his Heirs The said Sr. W. B. for the considerations aforesaid doth further Covenant for him his c. to and with the said N. S. his c. that he the said Sir W. B. and his Heirs and every other Person and Persons and their Heirs now standing or being seized or hereafter shall-stand and be seized in all those Messuages Tenements or farms lands and hereditaments of J. H. and H. in the County of M. whereof Sir W. B. now hath any estate of inheritance and of and in all lands c. whatsoever to them or any of them belonging or in any wise appertaining And of and in the Reversion or Reversions Remainder or remainders of the same shall and will from time to time and at all times hereafter stand and be seized thereof and of every part therof to the uses intents and purposes hereafter declareds Executors and Administrators and for every of them doth for the considerations aforesaid further covenant promise and grane by these presents to and with the said N. S. his Heirs Executors and Administrators and every of them that he the said Sir VV. B and his Heirs and all and every other 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 these Messuages Tenements or Farmes Lands Tenements and Hereditamonts in J. H. and H. in the said County of M. whereof or wherein the said Sir VV. B. now hath any estate of inheritance and of and in all lands meadowes pastures feedings commons woods under woods rents and hereditaments wharsoever to them or any of them belonging or in any wife appertaining or now or late used occupied or enjoyed to or with the same serveral Messuages or Tenements or any of them as part parcel or member of the or any of them And of and in the Reversion and Reversions remainder and remainders of the same or any of them shall and will from time to time and at all rimes hereafter stand and be seized thereof and of every part and parcel thereof to the uses intents and purposes hereaster in and by these presents limited To the oncly use and behoof of the said Sir W. B. and his Assignes for term of his life without impeachment of waste and after his decease to the use of the said La. M. his Wife and her Assings for her I se in full saltisfaction and recompence of her Joyn ture and Dower of and in all the Monours Lands Tenements and Hereditaments of the said Sir W. B her Husband and from and after the decease of the said La. M. and after the said Marriage solemnized between R. B. and A. S. then
to the use of the said H. B. and of the Heires males of the body of H. B. on the body of A. S. lawfully bagorten and for default of such issue then to the uses as aforesaid expressed and declared that is to say To the onely proper use and behoof of the said Sir VV. B. and of his Assiges for and during the term of his natural life without impeachment of or for any manner of waste●● and from and after his decease then to the onely use and behoof of the said La. M. now his Wife and of her Assigns for and during the term of her natural life in full satisfaction and recompence and a further increase of her Joynture and Dower of in out of and to all and singular the Manours Lands Tenements and Hereditaments of the said Sir VV. B. her Husband and from and after the decease of the said La. M. and aster the said Marriage had and solemnized between the said H. B. and the said A. S● then to the on●ly use and behoof of the faid H. B. and of the Heirs males of the body of the said H. B. on the body of the said A. S. lawfully to be begotten and for desanlt of such issue them to the use and behoof of the Heirs males of the body of the said H. B. lawfully to be begotten and for default of such issue then to the use and behoof of the said R. B. second Son of the said Sir VV. B. and of the Hein males of the body of the said R. B. lawfully to be begotten And for default of such issue then to the use and behoof of the third Son of the said Sir VV. B. upon the body of the said La. M. lawfully begotten or to be begotten and of the Heirs males of the body of the said third Son lawfully to be begotten and for default of such issue then to the use and behoof of all and every other Son and Sons of the body of the said Sir W. B. upon the body of the said La Mary lawfully to be begotten successively and in order one after the other as they shall succeed and be in Seigniority or in age and of the Heirs males of the several bodies of all and every such other Son and Sons lawfully to be begotten and for default of all and every such Son or issue male then to the use and behoof of the Heirs females of the body of the said Sir W. B. upon the body of the faid L. M. lawfully begotten or to be begotten and for dufault of such issue then to the use and behoof of the Heirs males of the body of the said Sir W. B. lawfully to be begotten and for default of such issue then to the use and behoof of the right Heirs of the said La. M. forever Provided alwaies and it is Covananted granted Covenant that if he shall se●le other lands of the like estate and in lieu of the former then the estate limited in the firsty Lands to cease c. concluded and fully agreed by and between all and every the said Parties to these presents and it is the true intent and meaning of these presents and of the said Parties to the same That if the said Sir W. B. or the said H. B. or either of them shall at any time hereafter during the natural life of the said A. S. convey and settle or cause or procure a good perfect and inde●eisible estate in the Law to be s●●led and conveyed in and to the said A. or to her use and behoof in any other Manour or Manours Lands Tenements or Hereditaments within the Common-wealth of England of the clear yearly value of c of lawful money of England or more over and above all charges and reprizes for terme of the life of the said A. to and for the onely use of the said A. to begin and to take effect in Possession immediately upon the deceasing of the Survivor of the said Sir W. B. La. M. his Wife and H. B. in lieu and recompence of such Lands Tenements and Hereditaments and other the premises in D. aforesaid as are before in or by these presents intended or agreed to be conveyed and assured unto the said A. S. for and during the term of her natural life in such manner and form as is aforesaid Then the estate for life hereby limited and appointed to or for the said A. of in and to the said Lands Tenements and Hereditaments and all and singular other the premises in D. aforesaid shall cease determine and be utterly void frustrate and of none effect and then and from henceforth the said recovery and recoveries with the execution thereupon to be had and obtained shall be and shall be adjudged deemed and taken to be And the said Recoveters and every of them their and every of their Heirs shall and will stand and be seized and be adjudged deemed and taken to be seized after the decease of the Survivor of them the said Sir VV. B. Dame M. and H. B. of and in such and so much of the said Lands and Tenements and other the premises in D. aforesaid as is limited or appointed before in or by these presents to or for the use of the said A.S. the Daughter for terme of her life as is aforesaid to the onely use and behoof of the Heir males of the body of the said H. B. on the body of the said A. the Daughter lawfully to be begotten and for default of such issue then to such further use and uses behoofs intents and purposes as be thereof before in or by these presents limited expressed or declared and to none other use or uses intents or purposes whatsoever any thing before in these presents meniioned or contained to the contrary thereof in any wise notwithstanding Provided also Proviso to make Leases not exceeding ●1 year and it is further Covenanted granted concluded and fully agreed by and between all and every the said Parties to these presents and every of them and it is the true intent and meaning of these presents and of the Parties to the same that it shall and may be lawfull to and for the said Sir W. B. at all and every time and times hereafter when and as often as it shall please him by any Writing or Writings to be sealed and subscribed by and with the hand and seal of the said La. Ma. as by and with the hand and seal of the said Sir W. B. in the presence of three or more sufficient Witnesses and not otherwise And also that it shall and may by lawful to and for the said Sir W. B. at any time after the decease of the said La. M. his Wife or by any Writing or Writings by him to be sealed and subscribed in the presence of three or more sufficient Witnesses and not otherwise to make any Lease or Leases Demise of Demises of so much of the said Manour of D. and other the premises in
and Administrators by those presents that she the said K.G. shall and will by Gods permission before the said Feast of S. Mich. next ensuing the Date hereof marry and take to her Husband the said R.H. if he the said R. will thereunto consent and agree and the law of holy Church the same will permit and suffer In consideration of which Marriage to be had and solemnized in manner and form aforesaid In consideration of which marriage it is Covenanted and agreed between the said Parties in manner following That the said T.H. for himself doth Covenant to and with the said Sir G.G. and his Heires c. that he the said T.H. before the Feast of c. next ensuing the date hereof shall and will at the Costs and Charges in the Law of the said Sir G.G. and T.H. by Fine with Proclamation in due form of Law covey and assure unto Sir R.M. and W.H. and to the Heirs of one of them or to the Survivour of them and his Heires All and singular those his several Manors c. with the Appurtenances in the County of L. It is covenanted granted concluded and fully agreed by and between all the said Parties to these presents in manner and form following And first the said T.H. for himself doth Covenant and Grant for him his Heirs Executors and Administrators to and with the said Sir G.G. Knight his Heires Executors Administrators and Assigns by these presents That he the said T.H. on this side and before the first day of M. next ensuing the date hereof shall and will at the equal Costs and Charges in the Law of the said Sir G.G. Knight and T.H. by such Fine with Proclamations in due form of Law to be had and levied as shall be devised or advised by the said Sir G.G. Knight his Heirs Executors or Assignes or their Councel learned in the Law convey and assure unto the said Sir R.M. Knight and VV.H. and to the Heires of one of them or to the Survivor of them and his Heires All and singular those his several Manours and Lordships of H. c. with the Appurtenances in the said County of L. c. And for the true explanation of the several uses and intents of the several Fines so to be had and levied of all and singular the said Manours c. and other the premises before in and by these presents mentioned with the appurtenances as aforesaid and of the intent and true meaning of all the Parties to these presents touching the same It is covenanted and agreed between the said Parties to these presents and by them fully condescended and declared in and by these presents The Fine and Parties to stand seized to such uses as hereafter at large is expressed And the said Sir G.G. Knight and T.H. for themselves and either of them their and either of their Heirs or Assigns do Covenant grant conclude and sully agree to and with the other by these presents That the said several Fines so to be levied and had of the said Manours Messuages c. and other the premisses with the Appurtenances before in these presents specified and of every or of any part and parcel thereof and the Estate Right Title Interest and possession of them the said Sir R.M. Knight and VV.H. and their Heires and every of them and his Heires of in and to the said premises and every part thereof shall be and that the said Sir Richard M. Knight and VV.H. and their Heirs and the Survivour of them and his Heirs and all and every other Person and Persons and their Heirs and shall stand or be seized thereof or of any part thereof shall after the said several Fines so levied stand and be seized of all the said Manours Messuages c. and all and singular other the premises with the appurtenances before in these presents mentioned whereof the said Fine or Fines before by these presents are covenanted or mentioned to be had and levied as aforesaid and of every part and parcel thereof to the several uses intents purposes agreements limitations payments and provisoes and upon the conditions hereafter in the by these presents expressed mentioned and declared and to none other use or uses intents or purposes That is to say of in and upon all the said Manour of H. with the Appurtenances whatsoever in H. aforesaid whereof the said Fine or Fines afore by these presents is mentioned or covenanted to be levied by the said Sir G. G. Knight as aforesaid to the use and behoof of the said Sir G. G. and his Heires untill the said Marriage shall be had and solemnized and after the said Marriage had and solemnized then to the use and behoof of the said T.H. and of his Assignes for and during the term of his natural life without impeachment of waste And after the death of the said T.H. then to the use and behoof of the said R.H. and K.G. and the Heires males of the body of the said R. upon the body of the said K. lawfully begotten and to be begotten And for default of such Issue then to the use of the said Rich and of the Heires males of his body lawfully to be begotten And for default of such Issue then to the use and behoof of the right heires of the said T. H. party to these presents for ever And also of and in one capital Messuage and Tenement c. And also of and in all Houses Edifices c. unto the said capital Messuage c. or to any part or parcel thereof belonging or appertaining being parcel of the said premisses whereof the said Fine or Fines before by these presents are covenanted to be levied by the said T.H. as aforesaid and of the Reversion and Reversions of the same to the use and behoof of the said T.H. untill such time as the said Marriage shall be had and solemnized by and between the said R.H. and K. G. as aforesaid and immediately after the Feast of St M. c next ensuing the solemnization of the said Marriage between the said R. and K. as aforesaid then to the use and behoof of the said R. and K. and their Assignes and of the Survivour of them for and during the term of the natural life of the said T.H. for and in the name and as parcel of the Joynture of the said Ka. without impeachment of waste And of the said Messuage c. and all other the said last recited premises limited for parcel of the Joynture of the said K. as aforesaid immediately after the death of the said T.H. to the use and behoof of the said K.H. and of the Heirs males of the body of the said R. lawfully begotten and to be begotten c. as before And of all and singular the rest residue of the said Manours c. and of all other the said premisses whereof the said Fine or Fines afore by these presents is Govenanted to be levied by the said T.H. as aforesaid
other then such onely whereof the several estates and uses afore by these presents are severally expressed limited and declared to the use and behoof of him the said T.H. the Father party to these presents and of his Assigns for and during the term of his natural life without impeachment of waste and to be charged and chargeable with such yearly Rents sums of Money or Rents and Distresses for the same as shall be hereafter in these presents limited or expressed according to the true intent of these presents and after the decease of the said T.H. the Father then to the use and behoof of the said R.H. and the Heires males of the body of the said R.H. lawfully begotten and to be begotten charged and chargeable as aforesaid And for default of such Issue then to the use and behoof of the said W.H. second Son of the said T.H. the father party to these presents and of the Heires males of his body lawfully begotten and to be begotten charged and chargeable with such several yearly Rents and payments as be hereafter in these presents expressed c. And for default of such Issue then to the use and behoof of the right heires of the said T.H. the Father party to these presents for ever Provided alwayes Proviso and for the further explaining of the true intent and meaning of all the said Parties to these presents Covenanted to make certain payments and the Fines to be to the same uses It is further covenanted granted concluded condescended and fully agreed by and between the said parties to these presenss And neverthelesse the said T.H. the Father for himself his Heires Executors Administrators and Assigns doth further Covenant and Grant to and with the said Sir G.G. Knight his Heires Executors Administrators and Assignes and to and with every of them by these presents That the said Fine and Fines to be levied of the said Manours Messuages Lands Tenements Hereditaments and premises with the Appurtenances or any part thereof shall be and that the said Sir R.M. Knight and W.H. and their heires and the Survivour of them and his heirs shall stand and be seized of and in the said Lordship and Manour of H. c. being of the yearly value of 250 l. as well to and for the assurance of such Rents and Payments as hereafter in these presents be expressed as also to and for such use and uses intent and purpose as well that if the said T.H. party to these presents during the term of his natural life and his Assignes shall not or do not yearly well and truly content satisfie and pay unto the said R. and Ka. or their Assigns at c. the whole and just sum and yeatly rent or payment of 50 l. of good and lawfull Money of England at two Feasts or Dayes in the year c. by even and equal portions without further delay the first payment thereof to commence and begin at such of the said Feast dayes as shall be next ensuing the said Marriage to be had and made as aforesaid That then and so often as the said rent or yearly payment of 50 l. or any part or parcel thereof shall so fortune to be behind and unpaid The usuall clause of distresse It shall and may be lawful to and for the said R.H. and K.G. or either of them after their said inter-marriage as aforesaid their and either of their Assignee or Assignees their lawful Deputy or Deputies in that behalf by them or either of them lawfully authorized at all times during the life of the said T.H. Party to these presents into all and singular the said Manour of H. with the appurtenances c. and into every or any part and parcel thereof to enter and distrain as well for the said yearly rent or payment of 50 l. or any part thereof so to be behind and unpaid as aforesaid and for every part and parcel thereof as also for the arrearages of the same and of every or any part thereof if any shall fortune to be behind and unpaid as aforesaid And the distresse and distresses so there taken to lead drive take carry away impound and with them or either or any of them to detain and keep untill such time as the said yearly rent or payment of 50 l. and every part and parcel thereof so to be behind and unpaid as aforesaid and the arrearages thereof if any shall happen to be behind and unpaid be unto them or some of them fully contented Proviso that the covenanter to levy a fine may make a Joynture to his Wife for her life only of a third part or lesse except such a Manor satisfied and paid Provided also and it is covenanted and agreed by and between the said Parties to these presents That it shall and may be lawful to and for the said T.H. the Father at any time or times hereafter during his life by his last Will and Testament in Writing or otherwise by his Deed in his life-time lawfully executed to assure appoint limit and convey to any lawful Wife or Wives which the said T.H. the Father shall hereafter fortune to marry for term of life onely of such Wife or Wives or to any other Person or Persons to the use of any such Wife or Wives for term of life onely of such Wife or Wives for and in the name of the Joynture or Joyntures of such Wife or Wives A full third part or lesse or so much as shall amount to a full third part or lesse of all his Manours Messuages c. so that the said Manour of H. c. be not or parcel thereof And that he may grant and assure to his younger Sons for life such a yearly Rent with distresse out of certain Lands so that the said Rent exceed not 20 l. per ann a pecce And also that it shall and may be lawful to and for the said T.H. the Father Party to these presents at any time during the term of his natural life by any Deed or Deeds in writing under his hand and seal or otherwise by his last Will add Testament in writing to grant assure limit devise and convey to every or any the younger Sons of the said T.H. the Father Party to these presents of his body lawfully begotten or to be begotten for term of life onely of every such younger Son and Sons such yearly Rent-charge or Rent-charges with a clause of distresse for every such Rent as unto the said T.H. the Father shall be thought meet and convenient to be yearly issuing and going as well out of the said Capital Messuage c. from and after the decease of the said T.H. party to these presents as also out or out of all or any part of the other Manours c. whereof the said Fine or Fines before by these presents is covenanted or mentioned to be levied as aforesaid by the said T.H. the Father or any part of any of them from
to be done any act touching the administratiō of the goods except c. which already is or at any time or times hereafter shall or may accrue come belong or of right appertain unto the said Executors or either of them as Executors of the said Will and Testament And further that he the said T. B. his Executors Administrators or Assigns shall or lawfully may from time to time and at all times hereafter without any eviction let or disturbance of the said A. S. her Executors Administrators or Assigns or of any other person or persons clayming by from or under her make do execute and commit or cause to be made done executed or committed all and every matter and thing act and acts whatsoever touching the administration of all or any of the goods and chattels except the goods and things as are before exepted to all intents and purposes Covenant by the Grantee to keep the Grantor his goods lands c. indemnified from all bargains debts duties c. wherewith she is chargeable as Executrix and in every respect as shee the said A. might have done if this present grant had never been had or made And the said T.B. for him his Heirs c. doth Covenant and grant to and with her the said A. S. her Executors c. that he the said T. B. his Heirs c. shall and will from time to time and at all times hereafter well and sufficiently save and keep harmlesse and indemnified the said A. S. her Executors and Administators and also her and their goods and chattels lands and tenements of and from all and all manner of Legacies Debts Duties Sutes Actions Incumbrances and Deeds whatsoever wherewith or whereby she the said A.S. her Executors Administrators or Assigns or either of them shall or may be at any time or times hereafter either solely or joyntly together with any other person or persons arrested impleaded charged damnified or incumbred as Executor or Executors of the said Will or by reason of the said Will or for or by reason of any debts bargains or other things in the said Will contained In witnesse whereof c. A Lease of a Messuage with certain Lands Woods and Mynes thereto appertaining and also a power of Fishing upon the said ground together with power to coal the Wood upon the ground THis INDENTVRE made c. Between R.C. c. of th' one part and G.G. of th' other part Witnesseth that the said R.C. for divers good considerations c. hath demised all that his Messuage c. with the appurtenancess called and known by the name of c. And all his Lands c. lying and being in W. aforesaid to the Messuage c. called B. appertaining or as parcel thereof usually occupied containing in all by estimation c whether more or lesse which lieth boundeth and butteth as fooloweth viz c. all and singular the Woods Underwoods and Trees now standing growing or lying or which at any time during the said term shall grow or be in or upon the premises by these presents demised or any part thereof And all and singular the Mines now growing or being in and upon the premises by these presetns demised on any part thereof Power to coal the wood to do other acts necessary for the same together with free liberty full license power and authority for him the said R. C. his Heirs and Assigns and for his and their Workmen Servants and Labourers from time and at all times during the said term at his their will pleasure to fell cut down cleave out cord and coal the said Woods Underwoods and Trees or any part thereof and earth dust cover and all other things necessary and expedient for the cōverting of the said Woods Underwoods and Trees or any part thereof Power to opē the mines to dig draw cast up c. Power with Cart carriages c. to carry away the Woods Cores c. into cole upon the said premises or upon any part thereof and to take and have Colliers Lodges upon the said premises from time to time during the said term at his and their will and pleasure to make and remove and the said Mines to open and the Mines therein from time to time during the said term in convenient places to digg draw and cast up lay and bestow upon the said premises or any part thereof and the said Woods Trees Coles and Mines or any part thereof from time to time and at all times during the said term at his their will and pleasure Lease of a Pond upon part of the premises with liberty to dig for the mending thereof all Fish and fishings in the said Pond with Wains Cart and Carriages from thence by necessary and convenient ways over and through the said premises or any part thereof to fetch and carry whither and to such place or places as to the said R.C. his Heirs or Assigns shall seem good and one Pond made upō part of the said premises and the banks bays and sluces thereunto belonging with liberty to digg earth and clay for the mending thereof and all Fish and Fishings in the said Pond And also all the fish now being or which at any time during the said term shall be in three Marl-pits hereafter expressed that is to say And also all the Fish fishing in 3 Marl-pits with liberty to come and go by any means to take the same c. together with free liberty and authority from time to time c. and at all times during the said term for him the said R.C. his Heirs and Assigns to come and go from the said Marl-pits or any part of them And the same pits or any part of them with Angles Engins or by sewing or letting out of the water or otherwise as to him or them shall seem good to fish To have c. the said Messuage or Tenement called B. the Lands Tenements Hereditaments and other the premises before by these presents demised with all and singular th' appurtenances unto the said G.G. and his Assigns for and during the natural life of the said G.G. Yielding c. during the said term at or in the now Manor-house of the said R. C. called C. Sit. c. unto the said R.C. and unto the heirs of his body lawfully begotten Reservatiō of a Rent upon a Lease for life to the Lesser the heirs of his body for default of such heirs to such persons to whom the reversion shall descend and for default of heirs of his body lawfully begotten to such person and persons their heirs and Assigns to whom the said premises before by these presents demised or the reversion or reversions remainder or remainders thereof shall after the death of the said R. without heir of his body lawfully begotten descend revert remain accrue or be c. of lawfull c. at two usual Feasts in the year that is
to say c. by equal portions yearly to be paid And if and as often as the said yearly rent or any part thereof shall happen to be behind and unpaid by the space of c. next after any of the said Feasts in which the said yearly rent or any part thereof ought to be paid That then he the said G.G. and his Assigns shall forfeit unto the said R. C. and unto the heirs of his body lawfully begotten and after the decease of the said R.C. without heir of his body lawfully begotten to such person and persons to whom the said premises shall descend revert remain accrue and be for every day after the expiration of the said c. days next after any of the said Feasts in which the said yearly Rent or any part thereof shall be behind Nomine penae for the non-payment of the Rent reserved distress for both c. of lawfull c. And that then and from thenceforth it shall and may be lawful to and for the said R.C. and the heirs of his body lawfully begotten and after the decease of the said R. without heirs of his body lawfully begotten to and for such person and persons to whom the said premises shall descend revert remain accrue or be into all and singular the premises or into any part thereof to enter and there to distrain as well for the said yearly rent of c. as for all such sums of money as shall be forseited in the name of a pein And the distresse or distresses there so had taken from thence to chase drive lead bear and carry away and that they or them to detain withhold Covenant by the Lessor to pay the rents c. due to the Lords of the fee thereof to acquit the Lessee until they shall be of the said yearly rent and the arrerages thereof and also of all such sums of money as shall be forfeited in the name of a pein and of his their consts and losses by non-payment thereof sustained fully satisfied and paid And the said R.C. for him his heirs c. doth by these presents Covenant and grant to and with him the said G.G. and his assigns in manner and form following that is to say that he the said R. his Heirs and Assigns shall will from time to time during the said term Covenant by the lessor after request to assign timber for repairing or new making of the houses c. if need shall require as also for fire-boot and that if shal be lawful for the Lesse c. to fell cut and carry away the same without interruption c. bear pay and do all manner of rents payments and serveices which during the said term shall accrue and grow due to the chief Lord or Lord of the Fee or Fees thereof and of the same and of every part thereof shall and will discharge or sufficiently save harmlesse the said G.G. his assigns And that the said R. his Heirs Assigns shall and will from time to time and at all times at his and their proper costs and charges during the said term within c. days next after reasonable request to him or them by the said G.G. or his Assigns made or to be made not only assign and appoint to them or some of them such and so much timber growing and being upon some part of the said demised premises as shall be sufficient convenient neccessary for the repairing mending maintaining or new making if need shall so require of all or any of the houses arns buildings now situat and being upon any part of the premises or for the mending or building one new Barn upon some part of the said premises if the said G. shall be disposed or will new make or build any such but also shall likewise during the said term within c. next after like request to him or them by the said G.G. or his Assigns at the said mentioned house of the said C. to be made at his or their like costs and charges assign or appoint unto him or them within one mile of the said Messuage called B. for and towards their fewel and fire-boot to be expended in the said Messuage c. Wain Loads of wood which timber and wood so appointed or assigned it shall and may be lawfull to and for the said G.G. his Assigns And that the Lessee shall not only have hedgeboot without Assignment but timber also of the worser sort if the Lessor after request shall appoint it and in default of appointmen that he shall take it without necessary for posts and rails to be set along the bank of the River c. And that the Lessee may not only digg Marl upon any part of the premises but may also digg stone carth clay for the reparations or new making of the houses c. or any of them or for the assigns servants or workmen of them or any of them at all times during the said term to fell cut down and work out and the same to have and take with their Wains and Carriages and that to carry away and imploy about the said reparations and buildings fire-boot without any lawfull let or disturbance of any person or persons and without any accompt and thing therefore yielding or paying And further that it shall and may be lawfull to and for the said G. and his Assigns from time to time and at all times during the said term as often as need shall require not only to take and have without any assignment upon the said premises demised sufficient and competent hedgeboot bushes and shrubs stake Barre Rods to be imployed upon the said premises and such timber of the worser sort growing upon the said premises by the appointment of the said R. his Heirs or Assigns if he or they shall appoint the same within c. next after request And in default of such assignment without assignment of the said R. his Heirs or Assigns as shall be convenient meet and sufficient for Barre posts to be occupied in convenient places about the premises and for the making of posts and rails to be set upon the said premises along the shore or bank of the River or stream which stretcheth c. And that he the said G. his Heirs and Assigns servants and work men shall and may form time to time and at all times during the said term at his and their wills and pleasures not only dig take have and carry Marl Grite out and from any the Marl-pits in upon the premises demised or some part thereof to be laid imployed or bestowed only upon the demises premises or some part thereof but also shall or may likewise digg take and have upon and carry from any convenient place or places of the said premises stone earth and clay meet necessary and suffient to be imployed or bestowed during the said term in upon or about the reparations
of the other part Witnesseth that for Consideration of a Marriage and in consideration of a Marriage of late had and solemnized between the said E M. and E his now Wife Daughter of the provisoes Articles and Agreements that passed and were made upon the conclusion of the same Marriage and for reducing of the same into Covenants and also for the more security for conveying and assuring of a competent Jointure to and for the said E. of the inheritance of the said W. and E M. to be and remaine to the severall uses intents and purposes hereafter and herein declared and for di●ers other good just lawfull and reasonable causes respect purposes and considerations the said parties hereunto especialy moving It is covenanted granted concluded confirmed condescended determined and agreed by and between the said Parties to these presents for themselves their heirs c. and to the effect and form following viz. First the said W. and E M. for themselves their heires A Covenant to make Estates c. do covenant grant and promise to and with the said E M. his heires c. by these presents That the said W. and E M. or either of them and their heirs and the heirs of either of them shall and will at all times hereafter and from time to time at and upon the reasonable request costs and charge in the Law of the said E M. his heires c. make seale deliver knowledge perform perfect and execute and cause and procure and suffer to be made c. unto such person and persons as by the said E M. his c. thereunto nominated and appointed all and every such Estate Fines Feoffments conveyances acts things devises and assurance in the Law as by the said E M. his heires c. or his or their learned Councell shall be devised orrequired for the assuring conveying passing and sure making of all and singular those messuages Lands Tenements and Hereditaments Habend for uses cumpertinentiis in c. To have and to hold the said Messuages c. unto the said Person or Persons to be named and appointed as aforesaid and his or their heires or assignes to the severall uses intents and purposes and upon with and under the provisoes and limitations hereafter in these presents expressed and declared and to none other use intent purpose Covonant to whose use it shall be limitation or meaning that is to say It is covenanted granted condescended concluded and agreed by between the said parties to these presents for themselves their heirs c. and it is their full meaning agreement purpose and intent That the said Estate Fines Feoffments conveyance and assurances for and touching c. shall be and the said person or persons to be named and appointed as afore aid and his or their heirs or assignes shall stand and be thereof seised to the use and behoof of c. That they are true owners and are seised in Fee c. And the said W M. and E M. for them their c. doe Covenant c. and either of them for and by himselfe his heires c. That they the said W M. and E M. and either them or one of them at the making and executing of the said conveyances and assurances are true lawfull and perfect Owner of the said messuages lands tenements and hereditaments cum pertinent is and are thereof lawfully seized in possession of an absolute Estate in Feesimple Fee-taile or the one of them and are thereof seised in possession for term of his life with the immediate reversion or remainder thereof over to the other of an estate of Inheritance shall then have ful power right title authority to pass convey assure the premises cum pertinentiis to the uses according to the effect aforesaid And free from incumbrances And that they the said W M. E M. and either of them their heires c. shal and wil at al times hereafter acquit and discharge or otherwise from time to time upon reasonable notice and request fully and sufficiently save harmless aswell the said messuages c. as also such person or persons to whom any use or estate is before by these presents limited or appointed of for from touching and concerning all and all manner of bargains s●les guifts grants fines feoffements estates entailes recoveries executions limitations presente contingente and future uses statutes recognizances judgements rents charges troubles leases extents entrusions issues liveries forfeitures exceptions And that he the said E M. and E. his wife That they shal enjoy and the said E M. and his heirs and the said severall sons the heires of their severall bodies lawfully to be begotten and all and every other their heire and heires to whom any use or estate is by these presents before mentioned intended limited appointed or declared shall and may quietly and peaceably have hold occupy and enjoy the faid premises cum pertinentiis according to the uses and true meaning before declared and the assurances hereafter to be made and passed in that behalfe without any let sute vexation hinderance expulsion eviction interruption or trouble of the said W.M. or his heires or assignes or of any other person or persons lawfully claiming from by or under him or them or by his or their means assent commandements or procurement Exceptions And that the said W. and E M. nor either of them That he shall not doe any act to make void the Estates nor to disable him to sell shall not at any time or times hereafter make do attempt assent unto knowledge execute or willingly suffer any manner of estate conveyance assurance act thing matter or device whatsoever whereby or by reason whereof the uses and estates before declared or any of them for and touching the said Lands and Tenements or any part or parcell thereof shall and may be discontinued cut off debarred overthrown or made void or whereby the said E. or any of the said sons or any heire of any of their bodies lawfully begotten or the heire of the body of the said E M. upon the body of the said E. lawfully to be begotten or the said E M. or his heires shall or may by any means be defeated defrauded excluded or disinherited of the premises or any part or parcell thereof or of any use or estate hereby to him or any of them appointed limited or intended to be contained or mentioned in any of the said conveyances or assurances contrary to the true meaning of these presents or whereby or by reason whereof the said W M. and E M. or any of them shall or may in any sort or degree be disabled perfectly sufficiently and surely to make passe convey and assure the said Messuages Lands and Tenements or any part or parcell thereof according to the uses limitations and true meaning of and in these presents expressed and declared And the said W M. and E M. for them If
should from time to time create declare limit expresse or appoint and to no other use purpose or intent The said recited Indenture or any thing c. notwithstanding And afterwards in performance of the Covenants grants and agreements in the said recited Indenture mentioned several Fines and Recoveries were had levied knowledged and executed of in and upon and for and concerning the said Barony Monours Lands Tenements and premises in the Court of Common pleas at Westminster as also before the then Justices in the County of Chester and also before the Justices in the said County of F. all and every which Fine and Fines Common Recovery and Recoveries were had levied knowledged and suffered to the uses intents and purposes and with and under the several provisoes conditions and limitations in the said recited Indenture mentioned After which the said R.B. of W. died without issue male of his body lawfully begotten In consideration of the Proviso in the recited Indenture Now know all men by these presents that I the said Sir R.B. for divers causes and considerations me moving and by vertue of the said recited Proviso and the liberty power and authority by the said recited Indenture to me reserved and according to the true intent and meaning of me the said Sir R.B. and of all other the Parties to the said recited Indenture Have altered changed revoaked determined and made void and by this my present writing Indented The Revocation of the Uses being by me signed and fealed in the presence of the Persons undernamed do alter change revoake frustrate cease determine and make void all and every the said use and uses Estate and Estates created raised expressed declared limited and appointed by the said recited Indenture Fine or Fines Recovery and Recoveries and every or any of them to the faid W.B.R.B. and T.B. Brothers of me the said Sir R.B.W.B. of c. R.B.T.G. alias B.I.R. of c. W.B. Brothers of the said J.B. of c and to all and every the severall Sonnes and Heires males begotten on the several bodies of them the said W.B. and T.B. my Brother W.B. of c. R.B.T.G. alias B.I.B. of c. and W.B. his Brother and every of them of and in the said Barony of M. Manours Lands Tenements and Hereditaments in the said recited Indenture mentioned or any part or parcel thereof And further know all men by these presents That I the said Sir R.B. for the fatherly love and affection that I the said Sir R.B. do heare to Dame M. E. my only Daughter and Heire apparent now Wife to Sir R.E. Knight and to the Heires of her body lawfully begotten doe by these presents by vertue of the said recited Proviso in the said recited Indenture contained and the liberty power and authority therein and thereby to me reserved as a foresaid create declare limit and appoint that the said Fine and Fines Recovery and Recove●ies so had levied knowledged and suffered of the said Barony and premises before in these presents mentioned as aforesaid and all and every the Parties thereunto and all and every Person and Persons and their Heires which now be or hereafter shall stand and be seized of and in the said Barony and premises or of or in any part or parcel thereof shall by vertue thereof from and after that every of the said several Uses and Estates limited and appointed as aforesaid of and in the said Baromy and premises to me the said Sir R.B. and to the said several Sonnes of the body of me the said Sir R B. shall be ended That the said Barony shall be to the use of R.B. and his Heires c. expired and determined stand and be seized of and in the said Barony and premises and of and in every part and parcel thereof to the use and behoofe of the said R.B. my Brother and his Assignes for and during the terme of the natural life of the said R.B. my Brother without impeachment of any manner of waste And immediately from and after the death of the said R.B. last named then to the use of the first Sonne of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such first Sonne of the said R.B. last named lawfully begotten And for default of such inssue to the use of him that shall be the second Son of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such second Sonne of the said R.B. last named lawfully begotten And for default of such issue c. ut supra And for default of such issue to the use of every other Sonne or issue male of the body of the said R.B. last named lawfully begotten which the said R.B. last nemed shall happen to have above the number of six Sonnes and of the Heires males of the body of every such other Sonne of the said R.B. last named successively one after the other as they shall be in seniority one before the other so long as there shall be any Sonne or issue male of the body of any Sonne of the said R.B. last named lawfully bebotten extant And for default of such issue to the use of the said T.B. Brother to me the said Sir R.B. and his Assignes for and during the terme of the natural life of the said T.B. without impeachment of any manner of waste and immediately from and after the death of the said T.B. then to the use of him that shall be the first Sonne of the body of the said T.B. lawfully begotten and of the Heires males c. ut supra And for default of such issue to the use of the said Dame M E. Daughter and Heire apparent of me the said Sir R.B. and Wise to the said Sir R E. Knight for and during all the natural life of the said Dame M. and from and after her decease to the use of R.E. Esquire Sonne and Heire apparent of the said Sir R. E. and Dame M. his Wife and of the Heires males of the body of the sad R. E. lawfully to be begotten And for default of such issue to the use of S. E. second Sonne of the body of the said Dame M. E. lawfully begotten and of the Heires males of the body of the said S. E. lawfully begotten and fon default of such issue c. ut supra And for default of such issue to the use of the right Heires of the said Dame M. E. for ever That if R.B. c. doe any act to hinder the Estates then their Estate shall be void Provided always that if the said R.B. Brother of mee the said Sir R.B. or any of the said severall Sonnes of this body begotten or any Heire male of the severall bodies of the same Sonnes lawfully begotten or to be begotten or if the said T. B. my Brother or any of the said severall Sonnes of the body of the said T. B. or
any Heire male of the severall bodies of the same Sonnes lawfully begotten or to be begotten shall at any time hereafter resolve or determine or advisedly determinably or effectualy devise conclude or agree or shall enter into any communication promise Covenant or agreement or shall advisedly and effectually directly or indirectly attempt cause procure go about or assent unto or for any act or acts thing or things to be done had made or suffered for or concerning any bargain sale discontinuance alienation conveyance or assurance to be had or made of the said Barony Manours Landb Tenements and premises or of any of them or of any part thereof where by or by reason whereof any Estate or Estates use or uses of or in the said Barony Manours c. or of or in any part or parcel thereof in use or possession before in these presents limited or declared shall or may by any way or meanes be avoyded dissolved undone discontinued debarred altered determined or hindred to take effect according to the true meaning of these presents or whereby the same or any part or parcell thereof shall or may be charged or incombred otherwise then according to the terue intent of these presents and the same bargaine sale alienation discontinuance device conclusion agreement communication conveyance or assurance or any other open or Court matter thing or act shall attempt go about cause procure command or wittingly or willingly assent unto practise or suffer to be done or to be attempted practised or put in use by knowledging of any note or notes of or for any Fine or Fines to be levied or by knowledging of any Warrant or Warrants of Attorney for any Recovery or any Voucher to be had or pursued or by entring into any warranty or by knowledging of any Warrant for any such purpose or by purchasing of any Writ by any of their assents or agreements or by consenting unto or appearing unto any Writ of the aforesaid premises or any part thereof or by knowledging of any Deed or writing to be inrolled or by any other act or acts thing or things whatsoever whereby or by reason whereof any bargaine sale discontinuance alienation of forfeture of the premises or any part thereof may ensue or whereby any Estate us or possession of the premises or of any part thereof may not ought not or cannot come grow remaine descend and be in such manner and forme as before in these presents is limited expressed or declared and according to the true intent and meaning of these presents or whereby the said premises or any part or parcel thereof shall or may he charged or incumbred otherwise then according to the true intent of these presents That then and immediately fro 〈◊〉 and after every such time and times of such procurement attempt causing commanding willing assent practife ●●pro●nise or going about in manner and forme aforesaid and before any such bargaine sale discontinuance alienation forfeiture charge or incumbrance shall be had made perfected executed committed or done all and every use and uses Estate and Estates before in these presents limited to that person or persons which so shall attempt cause procure command or willingly or wittingly assent unto practise suffer or go about any such act or acts thing or things to be prosecuted executed or performend put in ure or gone about whereby or by reason whereof any bargaine sale discontinuance aleination conveyance assurance forfeiture change or incumbrance shall be had made or ensue contrary to the true intent of these presents of in and for such and so much of the said Barony c. tayled as aforesaid for which any of the things or matters aforesaid at any time or times shall be attempted gone about caused procured commanded assented practised or suffered to be executed performed made done practised or gone about to be done performed or put in ure contrary to the true meaning of these presents should cease and he utterly void only in respect and having regard to such person and persons so attempting procuring causing commanding willingly or wittingly assenting practising suffering or going about any act or acts thing or things aforesaid contrary to the effect and true intent of these presents And that then and from thenceforth the said Recoveries and Fines and every of them shall be and enure and the Recoverers and Congizees therein named and every of them and their and every of their Heires shall stand and be seized of every such parcel of the premises to the use of such person and persons and the Heires males of his and their bodies and body begotten and to be begotten to whom the same should be remaine or come aften the death of the person so attempting procuring causing commanding assenting practizing suffering or going about any act or acts thing or things aforesaid contrary to the effect and true meaning of these presents in like manner and forme and with such remainders over and with and under such limitations and conditions as the same use and uses Estate and Estates of the said person and person which shall so attemt cause command practise suffer goe about or assent to or for any such act or acts thing or things was subject unto before his or their said attempt That if Dame M.E. do disturb and of the Persons then her Estate shall be frustrate practrise going about or assent Provided also that if the said Dame M.E. or any of the Heires of her body at any time after the death of the said Sir R.B. and of the said several Sonnes of me the said Sir R.B. and the Heires males begotten on the several bodies of the said several Sonnes of me the said Sir R.B. shall wittingly or willingly disturb or interrupt or cause or procure to be disturbed or interrupted the said R.B. my Brother or any of the said several Sonnes of the body of the said R.B. or any Heire male of the sevaral bodies of the same sonnes lawfully begotten or to be begotten of the body of the said T.B. or any Heire male of the several bodies of the same Sonnes lawfully begotten or to be begotten being in possession of the said Barony and premises or of any part or parcel thereof or their or any of their Assignee or Assignes That then and immediately from and after every or any such disturbance or interruption all and every the use and uses Estate and Estates of every person or persons doing making committing causing or procuring such interruption or disturbance before in these presents to her him or them limited and appointed of in and for or to so much of the said premises wherein there shall be such disturbance or interruption made and commited caused or procured as is aforesaid shall cease and be utterly void to all intents constructions and purposes as if he or they had never been mentioned named or spoken of in these presents And that then and from thenceforth the said Recoveries and Fines and every of them
said R.L. his Heires and Assignes for ever and to none other use purpose and intent And also that he the said R.L. shall and will permit and suffer all and singular those his Messuages Lands Tenements and Hereditaments in the County of c. which R.L. his Uncle deceased did in his life time given grant convey and assure to him the said R.L. Partie to these presents lawfully to descend come and remaine immediately after his decease to the Heires of his body by and upon the body of the said T.Y. lawfully to be begotten And that the said R.L. Partie to these presents shall not at any time hereafter make doe attempt practice knowledge suffer procure or execute any act or acts thing or things conveyance or assurance whatsoever whereby the said Lands Tenements and Hereditaments of the gift and grant of the said R.L. his late Uncle deceased or any part or parcel of the same shall or may in any wise be dis-continued bargained sold aliened transferred given granted devised or otherwise passed or conveyed away unto any other person or persons whatsoever unlesse it be to the use and behoof of the said R.L. parties to these presents and the Heir of the body of the said R. by and upon the body of the said T.Y. lawfully to be begotten or to those of him the said R.L. and the said T.Y. and of the Heir of the said R. for ever And finally the said R.L. doth covenant c. that if it shall happen the said T.Y. after the solemnization of the said marriage to have issue of her body by the said R.L. lawfully begotten and afterward to decease in the life time of the said R.L. that then he the said R. shall and will by his last Will and Testament in writing give bequeath and devise to the issue of the said R. and T. lawfully begotten as aforesaid the moity of all such goods and chattels as he the said R.L. at the time of his death shall have and be possessed of and also the moity of all such debts and duties as shall be payable and due to the said R.L. at the time of his death over and above assessements and sufficient to answer satisfie and discharge all such debts and duties as the said R.L. by any meanes shall then bona fide without fraud or collusion be indebted and bound for unto any person or persons whatsoever And if the said R.L. shall happen to die living the said T.Y. That then he the said R. shall leave and bequeath unto the said T.Y. such and so much of his goods debts and chattels his whole debts chattels and goods severed and divided into four parts and the charge of his funerall and all his debts and duties due to any others fully paid and discharged out of the same as shall amount in value to the three ful parts of the same so that the said T.Y. shall not nor may not ask claim or demand any moity of the said goods debts and chattels of the said R. then only the said three parts thereof as aforesaid In witness c. An Indenture of Covenants upon Marriage with special Covenants THis INDENTVRE made c. between T. G. of the one part and Sir W. M. of the other part Witnesseth That in consideration of a Marriage In consideration of a Marriage to be had by the permission of God to be had and solemnized between the said T.G. of the one part and the said Lady W. of the other part and for the great good will and affection the said T. G hath and beareth to the same Dame and also to the intent all and singular the Messuages Lands Tenements and Hereditaments with the appurtenances of the said T.G. hereafter in these presents specified shall and may come descend remaine and continue to and in the issue of the said T. G. in such sort manner and form as by these presents is hereafter expressed mentioned limited and declared It is now therefore covenanted granted condescended concluded fully by and between the said parties to these presents in manner and forme following That is to say The said T.G. for the considerations aforesaid doth Covenant promise and grant for him his Heires c. to and with the said Sir W. M. and Sir T. N. their c. by these presents That he the said T.G. before the Feast of That T.G. shall passe an estate in fee simple c. next ensuing the date hereof shall make cause or suffer to be made one good sufficient lawful and indefezible estate in fee simple to the said Sir W. M. and Sir T. N. and their Heires of and in the Mannors Messuages Habend to certain uses c. Recite les tenures par lour several nosmes To have and to hold the said Mannors Messuages Lands Tenements and Hereditaments and other the premisses with the appurtenances except before excepted to the said Sir W. M. and Sir T. N. and their Heires to the use of the said T.G. untill such time as the said marriage be had and solemnised then to the use of the said T.G. and of the said Dame S. for terme of her naturall life and after her decease to the use of the said T.G. and of the Heires males of his body upon the body of the said Dame S. lawfully begotten or to be begotten And for default or such issue to the use of the Heires of the body of the said T.G. lawfully begotten and to be begotten And for default of such issue to the use of the right Heire of the said T.G. for ever And so put downe so that the Lands be of certain value and discharged of incumbrances except Leases and for other assurance And then thus viz. And for the more security surety sure making and conveyance of all and singular the said Mannors and all other the premises with the appurtenances except before excepted to the said Dame S. for term of her life in manner and form aforesaid The said T.G. for him his c. Covenanteth c. That he the said T.G. and his Heires and the said Sir W.M. and Sir T.N. and their Heires and all and every other person and persons that now are or at any time hereafter shall stand and be seized of and in the said Mannors c. except before excepted shall stand and be thereof seized to the use of the said T.G. and D.S. after the same marriage had for term of their two naturall lives without impeachment of wast voluntary wast only excepted and to such further uses and intents as before in these presents are limited and expressed and to none other uses intents or purposes whatsoever And that all and every estate and estates assurance and assurances conveyance and conveyances in the Law whatsoever of the premisses or of any part or parcel thereof hereafter to be had and made shall be only to be said uses and intents in and by these presents before mentioned limited and declared A proviso that the
of them by these presents That the said Fine and Fines to be levied of the said Manors c. with the appurtenances or any part thereof shall be And that the said Sir R. M. Knight and W. H. and their Heires shall stand and be seized of and in the moyety or one half of all the Messuages Lands Tenements and Hereditaments of the said T.H. in the Parish of A. c. being of the yearly value of 120 l. over and above all yearly charges and reprises and for such use and uses to and for such intent and purpose That if the said R. after the said marriage had and solemnized between him and the said K. shall fortune to die during the life of the said T.H. the Father and then to have Issue one or moe Daughters of his body lawfully begotten upon the body of the said K. then being in full life and not before that time preferred in Marriage and then also that if after the death of the said T. H. the Father the Heirs males of the body of the said R. H. and every such other Person and Persons to whom the next and immediate possession or remainder of the said premises shall next and immediately from time to time appertain and belong or some of them shall not nor do not well and truly content satisfie and pay unto such Daughter and Daughters of the said R. H. so to be living and unpreferred as aforesaid and unto every of them the whole and just sum of 400 l. apiece of good and lawful money of England for and towards their preferment in marriage as aforesaid after the rate of 60 l. yearly at the Feasts of c. by even and equal portions at or in c. That then from and after such default of payment thereof had and made in manner and form aforesaid they the said Sir R. M. Knight and W.H. and their Heirs as also all other Persons that shall be seized of the said last recited premises shall stand and be seized of the said last recited premises with the appurtenances and of every part a parcel thereof untill such time as the said Sir R. M. Knight and W. H. and their Heirs shall or may have received levied raised had or taken of the Rents Issues Revenues and profits thereof to the use of such Daughter or Daughters so not preferred in marriage as aforesaid such sum and sums of money as shall and may suffice and amount to pay unto such said Daughter and Daughters of the said R. H. and unto every of them the said sum and sums of 400 l. apiece for and towards their preferment in marriage and otherwise as aforesaid And after the levying of the said several sum and sums of mony before in these presents mentioned to be levied of the Rents Revenues or profits of any parts of the premises in manner and form aforesaid Then to such uses intents and purposes and to the use of such Person and Persons and for such title estate ad estates and under such Provisoes and Conditions as in these presents are of the said premises expressed limited mentioned and declared Any thing before in these presents mentioned to the contrary thereof notwithstanding Covenant that the Fines to be levied and that the Parties to whom shall stand seized of all such Lands c. chargeable with any rent sum of money or payment or which shall be bequeathed granted leased c. to the use of such Persons c. to the intent that they may have take receive enjoy and distrain for the same according to the limitation and appointment c. And it is further covenanted granted concluded and agreed by and between the said Parties to these presents That the said Fine and Fines so to be levied and had as aforesaid shall be and that the said Sir R.M. Knight and W.H. and their Heires and the Survivor of them and his Heirs shall stand and be seized of all such Lands Tenements and Hereditaments parcel of the said premises which are in these presents limited or appointed to be charged with any rent sum of money or payment to any person or persons or which shall be hereafter bequeathed granted Leased demised or charged with any rent or payment bargained sold granted assigned or conveyed to any person or persons according to the true intent and meaning of these presents and according to the power Liberty or authority left permitted or allowed in these presents as well to the use of such Person or Persons to whom any parcell of the said premises in these presents hereafter shall be so limited appointed devised bequeathed demised leased bargained granted assigned or conveyed of such estate and for such term and time as is in these presents mentioned limited appointed or intended As also to the use and intent that every Person and Persons to whom any rent Sum of money receipt or payment before in these presents is assigned limited or appointed or to whom any Rent Sum of Money or payment shall be hereafter assigned limited or appointed according to the true intent and meaning of these presents and acording to the power liberty and authority left permitted or allowed in an by these presents shall and may have receive levy and take the same and Distrain for such Rent sum and sums of money behind and not paid according to the true intent and meaning of these presents for which any Distresse is assigned limited or appointed or intended in these presents to be taken for and during such term and time and in such sort manner and form as is mentioned limited or appointed by these presents or shall be hereafter limited assigned or appointed according to the Agreements Liberties and allowances before mentioned And to the intent also that the rents boons customs and Services to be reserved upon any Lease hereafter to be made by the said T.H. party to these presents according to the agreement Liberty or authority limited permitted or allowed to the said T.H. and of the Reversion and Reversions remainder and remainders of the Lands so to be Letten to the use of such Person and Persons to whom such Land and Tenements so Letten should or shall appertain or belong by the true intent of these presents and of such Estate and Estates as before are mentioned or intended in these presents and to the intent that such Person and Persons may Distrain for the said Rent and Services and the arrearages thereof if any be And the said T. H. Party to these presents for himself The usual Covenant that the Manours c. shall continue to the uses discharged or else saved harmlesse from all incumbrances his Heires Executors Administrators and Assigns doth covenant grant conclude and fully agree to and with the said Sir G. G. Knight his Executors Administrators and Assigns and to and with every of them by these presents That the said Manors Messuages Lands Tenements Hereditaments and all other the premises with all and
Heirs and Assigns And that the said I. L. shall or lawfully may from time to time and at all times hereafter for ever lawfully and quietly have hold occupy and enjoy the said Messuages c. without any lawfull let eviction expulsion or disturbance of the said W. B. his Heirs or Assign or of any other person or persons whatsoever other than of and from such evictions and disturbances as by the Heirs or Assigns of R. B. late of B. in the said County deceased shall hereafter happen to be made by re-entry upon the said premises according unto a Condition in a certain Deed Indented bearing date c. contained by reason only for and in default of payment hereafter by the said I. L. his Heirs or Assigns to be made unto the said Heirs or Assigns of the said R. B. deceased contrary to the form of the said Condition of one Annuity or yearly Rent of payment of c. hereafter in or by the said Indenture reserved granted or payable unto the said R. B. his Heirs or Assigns of some part thereof And that the said Messuage c. and all and singular other the premises before by these presents mentioned to be bargained and sold with th' appurtenances at the time of the ensealing and delivery of these presents be and so from time to time and at all times hereafter shall continne remain and be unto the said I. L. his Heirs and Assigns clearly acquitted and discharged or else sufficiently saved harmlesse and indempnified of and from all and all manner of Morgages Feoffments grants alienations Entails Joyntures Dowers Leases Conditions of Statutes Merchant and of the Staple Recogn Rent-charges Rent-secks Arrerages of Rents Judgements Condemnations Executions and of and from all other interests titles charges and incumbrances whatsoever had made done executed committed or suffered by the said W. B. his Heirs or Assigns or by any other person or persons whatsoever The Rents and Services from henceforth to be due and payable to the Lord or Lords of the Fee or Fees thereof And one yearly Rent or payment of c. a year due or payable unto one I. B. of S. aforesaid and his Heirs And all re-entries by the Heirs and Assigns of the said R. B. hereafter to be made by vertue of the said recited Condition only for and in default of payment after the ensealing and delivery of these presents by the said I. L. his Heirs and Assigns to be made by the Annuity or yearly rent or payment of c. in or by the faid recited Indenture reserved or payable only excepted and forep●sed And also that the said W. B. and M. his Wife and the Heirs and Assigns of the said W. and all and every person or persons anything in the said Messuages and premises or in any part thereof having or lawfully claiming to have by from or under the said W. B. his Heirs and Assigns shall and will from time to time and at all times hereafter during the space of c. next ensuing the date of these presents upon reasonable request and at the cost and charges in the Law of the said I. L. his Heirs and Assigns knowledge make do execute and suffer or cause to be made done knowledged and executed unto the said I. L. his Heirs or Assigns or to such other person or persons as he or they shall nominate appoint All and every such further act and acts thing or things devise and devises whatsoever be it by Fine Feoffment Recovery with Voucher or Vouchers Release Confirmations with Warranty against all persons or without Warranty or by any or as many of these wayes and means or by any other lawfull assurance or assurances as by the said I. L. his Heirs or Assigns or by his or their learned Counsel in the Law shall be reasonably devised or advised And finally the said W.B. doth by these presents for him his Heirs c. further covenant and grant to and with the said I. L. his Heirs c. that the said recited Condition in the said recited Indenture contained made or reserved for the payment of the said Annuity or yearly rent or payment of c. is not nor at any time heretofore hath been by him the said W. his Heirs or Assigns broken nor that the Heirs or Assigns of the said W. B. nor any person or persons may or ought for or by reason of any default in payment of the said yearly rent or payment of the said c. nor for any other condition cause or matter whatsoever heretofore made done committed executed or suffered enter or re-enter into the said Messuage or other the premises or any part thereof or lawfully defeat the estate interest or possession of the said W. B. his Heirs or Assigns or of the said I. L. his Heirs or Assigns or any part thereof in and to the said Messuage and premises or of in or to any part or parcel thereof In witnesse whereof c. ¶ A Covenant that the Bargainer is solely seised of a rightfull estate in Fee or Fee-tayl the Reversion or Reversions not to the King ANd the said I. R. doth by these presents for him his Heirs c. covenant and grant to and with the said I. G. his Heirs c. in manner and form following viz. That he the said I. R. at the time of the ensealing and delivery of these presents is solely lawfully and rightfully seised of and in the said Manor Lands Tenements Rents Services and other the premises with the appurtenances in his own right in his demean as of Fee-simple or in Fee tail general or as heir of the tail special of an absolute estate without condition or determination otherwise than for default of issue of his body lawfully begotten with the reversion or reversions thereof in Fee-simple to him and his Heirs or to some other common person and not to the Commonwealth c. immediatly appertaining c. Covenants that the Bargainer shall made satisfaction for so much of the premises as shall be recovered from the Bargainee ANd further the said I. T. doth by these presents for him his Heirs Executors and Assigns covenant and grant to and with the said A. L. That he the said I. T. his Heirs c. shall and will likewise from time to time and at all times for ever from and after the ensealing and delivery of these presents either well and sufficiently save and keep harmlesse as well the said A. L. his Heirs and Assigns as also the said capital Messuage Lands Tenements and Hereditaments before mentioned to be bargained and sold with all and singular their appurtenances of and from all and all manner of Rent-secks Arrerages of Rents Statutes Merchant of the Staple Recog Iudgments Executions Forfeitures Amerciaments Intrusions and of and from all other interests titles charges and incumbrances whatsoever before the ensealing and delivery of these presents had made done committed or executed which at any time or
said M. will thereunto agree And the said R. T. doth covenant and grant to and with the said H. F. that the said M. shall likewise before then said c. next c. marry and take to Husband the said H. F. if the laws of holy Church will that permit and the said H. will thereunto agree Covenant that he is seised of a sure indefeasible estate in Fee-simple in his own right that he had full power to convey the Lands according to the intent of these presents And further the said H. F. doth for him his Heirs c. covenant and grant to and with the said R. T. his Heirs c. that he the said H. F. is at the time of th' ensealing and delivery of these presents seised in his demean as of Fee in his own right of a good sure lawfull rightful absolute and indefeasible Estate in Fee simple without condition morgage limitation or alteration of use or uses of and in all and singular the Messuages c. hereafter mentioned with th' appurtenances that is to say of and in all those parcels of c. with all and singular their appurtenances now in the tenure of c. containing in all by estimation c. and do lie and be in the Parish of c. And that the said H. F at the time of the ensealing and delivery of these presents hath full power and lawfull authority in his own right to convey and assign all and singular the lands c. and other the premises aforesaid in manner form in these presents expressed according to the intent of these presents And moreover that the said H. F. doth by these presents for him his Heirs c. in consideration of the said marriage so to be had and solemnized and for the full and entire joynture of the said M. and in recompence and satisfactiō of all the Dower and title of Dower which she the said M. may at any time hereafter claim challenge or demand of in or out of any Lands c. of the endowment of the said H. and for the advancement of the said M. and of the Heirs males of the body of the said H. upon the body of the said M. to be begotten And for divers other good causes considerations him thereunto moving doth covenant and grant to and with the said R. T. his Heirs Executors Administrators and Assigns in manner and form following that is to say that the said H. F. his Heirs and Assigns and all and every other person and persons whatsoever which at the time of th' ensealing and delivery of these presents stand or be or at any time hereafter shall stand or be seised of and in all or any part of the said Lands Tenements and Hereditaments and other the premises shall immediately from and after the said marriage solemnized And that the lands are and so shall continue discharged or saved harmlesse frō all former bargains c. and incumbrances the Rents due to the Lords of the Fee one Lease of the premises excepted stand and be of all and singular the said Lands tenements Hereditaments all other the premises with th' appurtenances seised to the only uses and intents hereafter in these presents expressed or limited and not to any other use or intent that is to say to the use of the said H. F. and M. for and during the term of the natural lives of the said H. M. and of the longer liver of them And of the heirs males of the body of the said H. upon the body of the said M. lawfully to be begotten and for default of such issue to the right heirs of the said H. F. for ever And that the said Lands Tenements Hereditaments and all singular other the premises with th' appurtenances at the time of th' ensealing and delivery of these presents be and from time to time and at all times hereafter shall continue remain and be clearly acquitted and discharged or by the said H. F. his Heirs c. sufficiently saved and kept harmlesse and indempnified of and from all and all manner of bargains c. and incumbrances whatsoever before the ensealing and delivery of these presents had made don knowledged committed executed or willingly or wittingly suffered by the said H. F. his Heirs or Assigns or by any other person or persons whatsoever the rents and services from henceforth to grow due payable for the premises or any part therof to the Lord or Lords of the Fee or Fees therof And one Lease of c. wherupon the yearly rent of c. is reserved and shall during all the said term be payable only excepted and fore-prized And moreover that the said H. F. his Heirs and Assigns And that he will upon reasonable request make farther assurance and all and every other person and persons any estate interest or thing having or lawfully claiming to have by from or under the said H. of in or to the said premises or any part thereof other than the said lease for or concerning any the said interest or term of years before excepted and not otherwise shall and will from time to time and at all times hereafter during the space of c. next c. upon reasonable request and at the costs and charges in the law of the said R. T. his Heirs of Assigns knowledge c. ut antea or of any part thereof to the said R. T. his Heirs or Assigns as shall be nominated or appointed to the uses and intents before in these presents expressed be it by Fine Feoffment Recovery with Voucher or Vouchers c. ut antea as by the said R. T. his Heirs or Assigns or by his or their learned Counsel in the Law shall be reasonably devised or advised and required And further that the said H. F. shall not at any time or times hereafter make or convey or procure to be made or conveyed And that he will not do or cause to be done any act or thing whereby to defeat this conveyance so that the lands may not deseend remain come c. according to the limitation in this conveyance any estate or estates of the premises or of any part thereof to any person or persons in Fee-simple Fee-tail or for term of life or lives or make any di●continuance of nor otherwise defeat avoid or annihilate the estates before in these presents limited nor any of them nor shall make do commit execute or wittingly or willingly suffer to be done made committed or executed any act or acts thing or things devise or devises whatsoever whereby all or any part of the said lands tenements hereditaments and other the premises shall not or may not be enjoyed and continued remain descend come and be according to the limitation aforesaid and according to the true intent and meaning of these presents In witnesse whereof c. A Bond to the Sheriff for appearance in Banco
shall pay such a rent yearly to the Father during his life and in default of payment so much nomine poenae and Assigns and every of them that as well the said I. B. and E. P. during the natural life of the said E. as also the Heirs Males and Females of the body of the said E. by the said I. B. or any other lawfully begotten and every other person and persons to whom the said premises by these presents are limitted and appointed shall yearly content and pay or cause to be well and truly contented and paid at or in the South-porch of the Parish Church of c. aforesaid unto the above named W. P. and his Assigns for and during the term of the natural life of the said W. P. one annual rent or sum of c. of c. the said annual rent or sum of c. to be yearly by even and equal portions paid at or upon the two most usual and accustomed feasts or days of payment in the year that is to say c. or within c. and the first payment to begin c. and if the said I. B. and E. P. during the life of the said E or of any of the Heirs Males or Females of the body of the said E. by the said I. B. or any other to be begotten and every other Person and Persons to whom the said premises by these presents are limited and appointed do not content and pay or cause to be paid the said annual rent or sum of c. unto him the said W. P. and his Assigns during the term of his natural life as aforesaid according to the true intent and meaning of the proviso in these presents before mentioned that then the said I. B. and E. during the life of the said E. and the Heirs of the Body of the said E. by the said I. B. begotten shall forfeit and every other person so making default unto the said W. P. and his Assigns during the natural life of the said W. shall forfeit the sum of c. nomine poenae for every default Covenant that in default of payment of the rent that the Feoffees shall stand seised to the use of the Feoffor until that he hath levied the rent penalty forfeited and so often as the same shall happen And it is Covenanted granted condescended and agreed by and between the said parties to these presents and every of them their and every of their Heirs and Assigns and the true intent and meaning of all and every Feoffment and other conveyance and assurance of the said premises made shall be deemed esteemed and taken to be that the said I. H. and I. S. and the survivor of them their Heirs and Assigns shall upon such default in payment of the said annual Rent or sum of c. contrary to the purport intent and true meaning of the Proviso before by these presents specified by the which the same is appointed and limited to be paid stand and be seized of the said recited premises with their appurtenances and every part and parcell thereof unto the use and behoof of him the said W. P. his Heirs and Assigns for during and until he the said W. and his Assigns shall have had levied and received as well the said annual rent of c. before by these presents appointed to him to be paid with all and every the arrerages thereof as also the said penalty of c. nomine poenae for every such default as aforesaid to be made Provided alwayes and it is concluded Proviso that if the Wife die without issue of her body to whom the uses were limited living her Husband that then her Father shal grant such a rent to the Husband for his life in default of payment that he shall forfeit so much nomine poenae c. by and between the parties to these presents and every of them that if it fortune the said E. P. during the life of the said I. B. to depart this mortal life without issue of her body lawfully begotten that then the said W. P. his Heirs and Assigns shall yearly content and pay or cause to be well and truly contented and paid at or in the South porch of the Parish Church of H. aforesaid unto the abovenamed I. B. and his Assigns one annual rent of sum of c. to be yearly by even and equal portions paid at or upon the two most usuall and accustomed Feasts or dayes of payment in the year that is to say c. or within c. next after c. and the first payment thereof to begin c which shall next and immediately ensue after the Decease of the said E. without any issue of her body lawfully begotten as aforesaid And if the said W. do not content and pay or cause to be contented and paid the said annual Rent or sum of c. unto him the said I. B. and his Assigns during the term of his natural life as aforesaid according to the true intent and meaning of the Proviso in these presents last before mentioned that then the said W. P. his Heirs and Assigns after the decease of the said E. without issue of her body lawfully begotten as aforesaid shall forfeit unto him the said I. B. and his Assigns during the natural life of the said I. the sum of c. nomine poenae for every default and so often as the same shall happen And it is covenanted granted condescended agreed by and between the said parties to these presents and every of them their and every of their Heirs and Assigns and the true intent and meaning of all and every Feoffment and other conveyance and assurance of the last recited premises made shall be deemed esteemed taken to be That the said I. H. and I. S. and the survivor of them their Heirs and Assigns shall upon such default of payment of the said annual rent or sum of Covenant that in default of payment of the Rent that the Feoffees shall stand seized to the use of the Husband until that he hath levied the rent penalty forfeited c. according to the purport intent and true meaning of the Proviso before by these presents specified by the which the same is appointed and limited to be paid stand and be seised of the said recited premises with their appurtenances and every part and parcel thereof unto the use and behoof of him the said I. R. his Heirs and Assigns during and until the said I. his Heirs and Assigns have had levied and received as well the said annual rent or sum c. afore by these presents appointed to him to be paid with all and every the arrerages thereof as also the said penalty of c. nomine poenae for every such default as aforesaid to be made Provided furthermore and it is fully condescended c. upon Proviso that if the wife die having issue male or female
being under the age of c. that the Husband shal take the profits of the land towards the education of such Child til he or she come to the age of c. by and between every of the said parties to these presents their Heirs and Assigns that if it happen the said E. P. after the said Marriage between her and the said I. B. had and solemnized to depart this mortal life having Heir of her body Male or Female by the said I. B. lawfully begotten and that the said Heir being a Man-child fortune to be at the time of such decease of the said E. under the age of c. Or being a Daughter to be under the age of c. that then it shall and may be lawfull to and for the said I. B. for and towards the education and bringing up of such Child and Heir to take levy and receive all and singular the rents issues and profits of the said premises and every part and parcel thereof with th' appurtenances for during untill such Heir being a Male child shall accomplish the full age of c. and if the said Heir be a Daughter then for during and until she shall accomplish her full age of c. and that then and from thenceforth the true intent and meaning of all every Feoffment Covenant that the Feoffees shall stand seised to the use of the Husband during such time as aforesaid other conveyance and assurance of the premises to be made shall be esteemed adjudged and taken to be That the said I. B. and I. S. and the survivor of them their Heirs and Assigns shall stand and be seised of the said premises to the use and behoof of the said I. B. during such time and in such manner and form as is before by the said last proviso limited and appointed any thing before specified to the contrary notwithstanding In witnesse whereof c. Note that he which sueth a Replevin must before it be made enter into Bond of a reasonable c. with two sureties conditioned as followeth Noverint universi per c. Teneri c. T. K. vicecomit Com K. c. THe Condition c. That whereas the above name T. K. Sheriff of the said County of K. by vertue of his Office and upon the complaint of the above bounden R. T. hath delivered and replevied unto the said R. T. two Oxen which one I. S. late took and wrongfully with-held as the said R. T. saith If therefore the said R. T. doe pursue his said action of Replegiare against the said I. S. for the taking and with-holding of the said two Oxen with effect and make return again of the said Cattell if the return of them be so adjudged by the Law And the said Sheriff his Heirs and Executors acquit and discharge or sufficiently save harmlesse against the Commonwealth and the said I. S. of and for every thing concerning the premises That then c. A Grant of an Annuity out of Land with a Proviso not to charge the Person TO all c. Know yee that I c. for diverse c. have given c. to T. P. and T. P. of c. one annuity or yearly rent c. issuing and yearly to be taken out of one messuage c. containing in the whole by estimation c. more or lesse c. situate c. in the Parish of H. aforesaid and now in the hands or possession of me the aforesaid I. during the minority of T. C. Son of the said I. C. deceased to have hold The grant is during the minority of one for and toward the education of of him and his Sister and enjoy and take the aforesaid annuity c. out of the aforesaid Messuage and other the Premises whatsoever with all and singular the appurtenances to the aforesaid T. P. and T. P. their Executors and Assigns until and so long as the said T. C. natural Son of the said I. C. deceased shall come and attain to the age c. to and cowards the good education and sustenance in all necessaries as well of the aforesaid T. C. as of one M. C. Sister of the aforesaid T. to be paid yearly at four usual terms of the year viz. at the Feast c. by equall portions the first payment thereof to begin at the Feast c. and not before In default of payment by such a time power to distrain Proviso not to charge the person of the Grantor And if it happen the said annuity or yearly Rent c. or any part or parcel thereof at any time to be behind or unpaid by the space of c. after any Feast of the aforesaid Feasts in which as aforesaid the same ought to be paid That then and to often it shall and may be lawfull for the said T. P. and T. P. and their Executors c. unto the aforesaid Messuage c. and other the premises whatsoever with all and singular their appurtenances to enter and distrain and the said distresses so then and there taken and had it shall be lawfull to lead and drive away and with them to retain until the aforesaid T. P. and T. P. and their Executors the aforesaid annuity or yearly Rent with all the arrerages thereof if any shall be be fully satisfied and contented Provided always that neither these present writing nor any thing therein contained doe no manner of ways extend to charge the person of me the said I. by Writ or Action of annuity but only shall be effectual and of value to charge the same Messuage Proviso that if the Brother and Siser or either of them dye during the monority of the brother that the grant shall be void c. and other the premises before specified with the aforesaid yearly rent and not otherwise And provided also that if it happen the aforesaid T.C. the Son and the aforesaid M.C. the Sister of the aforesaid T. or either of them at any time before the said T. do accomplish and come to his full age as aforesaid of one and twenty years to die and depart this life that then from the time of such death or decease of the afore-named T. or M. as well this present Writing as all in the same conteined shall be a ltogether void and of none effect And that then and from the time of such death or decease of the aforesaid T. or M. this present annuity or yearly rent shall be utterly void and determined any thing before specified to the contrary in any wise notwithstanding Of which said annuity or yearly rent the aforesaid I. have put the aforesaid T.P. and T.P. into full possession and seisin Seison given of the Rent by giving to them four pence In witness c. ¶ A General Release made by two BE it known c. That we R.S. and I.W. of c. for divers c. have remised released and quite clained and do by
give up their accompts well and sufficiently save harmlesse the Assignors from all charges c. wherewith and whereby they shall be chargeable for or by reason of the last will of the said I. G. unto any person or persons whatsoever or by reason of any accompt by the Assignors as executors to be made or given up And that the Assignee shall save harmlesse the Assignors from all legacies debts c. whereby the Assignors may be at any time arrested c. A clause that the Assignee shall not only make in writing a true accompt of his rereceipts and disbursements Covenant that the Assignee shall give up a true accompt in writing shall satisfie the arrerages unto the Daughters and Children at their several ages but also shall pay unto the Daughters Children the arrerages which shall be upon his accompt found to be behind remaining in his hands at such days and in such manner and form to all intents constructions purposes as the Assignors by the last Will and Testament of the said I. are limited and appointed Covenant that the assignors shall enjoy all such messuages c during ●he time that the daughters shal remain in ward without disturbance c. to do and perform the same A clause that the Assignors shall enjoy all such Messu c. during the time that the Daughters shall remain Wards without any disturbance of the c. or his Successors or of any other person or persons whatsoever claiming by from or under the c. by committment grant or otherwise howsoever c. by their procurements And also that he the said T.R. his heirs c. shall and will from time to time and at all times hereafter well and sufficiently save and keep harmlesse and indempnified the said E. G. S. H. and either of them their heirs executors and assigns and every of them and their goods chattels Covenant to save harmless the Assignors their goods estates frō all actions incumbrances by reason of any accompt to be made for the rents and profits of the messuages c. devis'd to one the heirs males of his body lands and tenements of and from all manner of sutes actions incumbrances demands whatsoever wherewith or whereby they the said E. and S. or either of them their heirs executors or administrators or either of thē shall or may at any time or times herafter jointly or severally be charged damnified or incumbred for concerning or by reason of any accompt or accompts to be made unto the Children of the said I. or any of them or of any other person or persons whatsoever of any the rents issues revenues or profits at any time heretofore had levied or received or at any time hereafter for and during the wardship of the Daughters of the said I.G. or any of them to be had received levied or taken of the said Messuages c. by the last Will and Testament of the said I. G. specified to be limited devised and bequeathed unto the said E. G. and the heirs males of his body And that he the said E. his heirs c. shall and may for Covenant that the devisee may take the profits of the land during the wardship of the heirs without accompt rendring to any person whatsoever and during the wardship of the said Daughters and heirs of the said I.G. or any of them have take levy and perceive all and singular the rents issues revenues and profits of all and singular the said premises by the last Will and Testament of the said I. G. devised bequeathed unto the said E.G. and the heirs males of his body unto the only and proper use of him the said E. his heirs c. without any accompt or other answering of the said rents revenues and profits by him the said E. his heirs c. during the time aforesaid so to be had levied and received unto the Children of the said I. or any of them or unto any other person or persons whatsoever by vertue or reason of the said last Will and Testament of the said I G. to be thereof or therefore made and given In witness c. A Deed Pool conteining a Feoffment of certain parcels of land which the Feoffor had in t alia assured unto him upon a Common Recovery with special warranty TO all persons to whom this present Deed Poll shall come B. B. of c. sendeth greeting Whereas P. A. of c. and M. his Wife by their Indenture bearing date c. made between them the said P. M. on the one party and the said B.B. on the on the other party did vovenant grant conclude condescend fully agree to and with the said B. B. that he said B. should and might before the Feast of c. then next ensuing the date of the said Indent purchase and sue forth out of the Court of Chancery one Orig. c. reciting the name with the several parcels as in and by the said Indent more plainly and at large it doth and may appear And whereas in the term of Easter the said B.B. did recover the said premises amongst other things by a writ of entry sur diss●isin in l' post against the said P. A. and M. his wife by the name of the moity of one Messuage c. with the appurtenances in B. according to the course of common recoveries to the intent purpose and true meaning of the said recited Indenture as in and by the said record in the Court of Common pleas of Easter term rotul c. more plainly and at large doth and may appear Now know ye that the said B. for and in consideration of c. unto him the said B. by T. I. of c. well and truly in hand paid whereof wherewith he acknowledgeth himself to be fully satified and Paid hath granted enfeoffed delivered and confirmed and by these presents c. doth grant enfeoff deliver and confirm unto the said T.I. his heirs c. the moity or one half of c. with their appurtenances situate c. also all and singular the said premises in the said recovery mentioned by the name of the moity of one Messuag c. with the appur which said moity of the said Messuage and other the said premises the said B.B. hath and holdeth in common together with the said T.I. which said T.I. is lawfully seized in his demean as of Fee of and in the other moity of the said Messuage and other the premises To have and to hold the said moity of the said Messuage c. and all and singular other the premises whatsoever with all and every their appurtenances unto the said T.I. his heirs and assigns to the only and proper use and behoof of the said T.I. his heirs and assigns for ever And the said B. B. and his heirs the said moity of the said messuage c. with the appurtenances against him his
to have continuance during the terms thereof and so that no such lease be made without impeachment of waste by reason of any expresse words to be contained in the same And it is condescended concluded and agreed upon by and between the said parties to these presents and every of them * That it shall be lawfull for the Feoffees to distraine if the rent be unpaid That the conveyance and assurance and the said Feoffees and their heires shall stand and be seised of and in the said Mannors c. so to be charged eased and demised to the use intent and purpose That every such person to whom any such grant or rent shall be made their heirs and assignes shall and may from time to time for non-paiment of the said sverall rents enter into the said Lands and Tenements so to be charged and distraine for the same and the arrearage thereof as in case of a rent-harge and also to the intent and purpose that every such demise and Lease shall be good and effectuall in Law according to the purport and effect thereof So as the Leassees and their assigns do from time to time and all times pay the rent and doe the service reserved thereupon That it shal be lawfull for V G. to revoke the uses and perform the Covenants contained in the same Lease Any thing herein outained c. notwithstanding Provided alwaies that the said V G. shall and may by the license and assent of the said E M. under hand and seale of the same E M. or his heirs first had and obtained in writing alter hange repeale and revoke the user or limitation before-mentioned or any of them and by the same or afterwards by any other con eyan●e limit or appoint such part of the said Mannors c. whereof of any such li●ense shall be had and procured to be to such uses and of and for such Estates and for such person and persons and his or their heires as the said V G. shall by writing Inden●ed sealed with his seale and tubs ribed by him in the presence of three witnesses at the least shall de lare limit or appoint And it is agreed by and between the said parties to these presents that the said con●eyan●es shall be and the said Feossees and their heires after such li ense had and ob●eined and such declaration limitation and appointment had and made to such uses and intents of such Estate and Estates and of such Per on or Persons as by the said V G. shall be declared limited or appointed in manner and form aforesaid Provided that the said signification or declaration or any thing before expressed touching or concerning the altering changing repealing or revoking of the said uses or any of them or the said premises or any part thereof not withstanding that yet neverthelesse all and every demise and demises Lease and Leases in manner and form aforesaid to be made shall stand and remain and be in the severall force strenghts and effects according to the true intent and meaning of the said demise and Lease Any thing sc not withstanding Proviso that it shall be lawfull for S. t. grant the Lands to any body till R S pay him 200l Provided alwaies and it is granted covenanted and agreed by and between the said pa●ties to these presents for themselves and their heires That it shall and may be lawfull to ●nd for the said S. at all or any time or times hereafter during his ●●e a●d pleasure either by his last Will and Testament in writing or by his Deed or Deeds in writing under his hand and seale to give grant assigne de●ise dispose or appoint the said Messuages Lands Tenements Farms and Takings or any part or part o●parcell thereof except unto any person or persons or his or their heirs Execurors or assigns shall or may have take receive or leavy of the rents issues and profits such sum or sums of mony as shall not in the whole exceed or surmount the sum of 200 l. or else untill such Feast of c. in the which R S. the Son or the heirs male of his body lawfully to be begotten and for default of such issue untill the heir of the said R S. the Father shall or will truely content and pay unto the said person or persons or his or their heirs of Assignes such sum or sums money not exceeding the laid sum of 200 l. at the most as the said R S. the Father shall by such Will Deed or Deeds limit expresse or appoint And the r●upon it is covenanted granted and agreed by and between the said parties to these presents for themselves and their heires That the said estate and assurance for and touching the said Lands and Tenements that shall be so given granted conveyed assigned demised disposed or appointed as aforesaid his or their heires c. according to the true intent and meaning of the said Will Deed or Deeds untill such time as the said person or persons or his or their heirs Executors or Assignes shall have take receive and leavy of the Rents issues and profits such sum or sums of mony as shall be limited or appointed of the said R S. the Father or that the said Will Deed or Deeds or untill the Feast of c. in the which the said R S. the Son or the heres males of his body lawfully begotten or for default of such issue c. shall wel and truly content and pay to such person or persons or his or their heires c. such sum or sums of mony as shall be limited or appointed by the said last Will Deed or Deeds according to the true meaning intent and appointment of the same last Will Deed or Deeds and from and after such time or times as the said sum or sums of mony shall or may be le●●ed received or had or otherwise paid and satisfied in sort aforesaid the said estates for and touching the said Lands and Tenements wich shall be given granted conveyed demised disposed or appointed as aforesaid shall be and the said T J. c. shall stand and be thereof seized to such uses be hoose and purposes and of such person and in such Estate sort manner and form as the same should have been remained des ended reverted or come by and according to the true meaning of these presents if his present proviso had never been Any thing c. notwithstanding Provided a wa●es c. that it shall be lawfull to and for the said R. S the Father during his life by writing indented under sea●e or by any other conveyance and assurance in writing or by matter of record to grant convey appoint and assure unto or unto the use of such woman or woman c. ●or Jointure to these ond Wife Provided also Proviso that it shall he lawfull ●or R S. to let L●nds in the re●●re o' C. B. for a lointure or 3 Loves c. that i●
estates for touching and concerning the rest and residue of the said Messuages Lands Tenements and Hereditaments cum pertinentiis whereof no use is before by these presents limited appointed or declared shall be and the person or persons c. and his or their Heires or Assignes shall stand and be thereof seized to the use and behoof of the said T.P. for and during the term of his natural life without impeachment of wast and after his decease to the use and behoof of the said T.P. for and during the terme of his natural life without impeachment of wast and after his decease to the use and behoof of the first son and the Heir of his body lawfully issuing and for default of such issue c. If it happen any of the lands aforesaid to belawfully evicted out of her possession then she is to be assured of other lands to their full value Provided alwayes and it is further Covenanted c. that if at any time after the death of the said E P T P the premisses so as aforesaid limited or appointed to or for the Joynture of the said M. or any part or parcel thereof happen by any way or means to be lawfully evicted or divested by recovery or entry or by any other lawful means out of or from the possession or seizin of the said E now Wife of the said E P her Leasee or Assignee by reason other Dower or of any Joynture or estate of the said ε at any time heretofore made or hereafter to be made That then and at all time after the said estates c. and all other assurance whatsoever at any time or times hereafter to be had made or passed in performance of any Covenants grants or articles comprized in these present Indentures shall be and shall endure and shall be construed deemed and adjudged to be and endure And the parties and persons to whom the Covenants and assurances or other assurance of the premises or any part thereof shall be made and their Heires and Assignes shall stand and be seized thereof and in so much of the premises to be chosen out and laid forth by the said M and her Assignes at her and their free liberty and pleasure as shall and may in every respect fully countervail and be equivalent to the said Lands Tenements and Hereditaments so to be evicted or devested out of her possession or seizin by the said E or her Leassee or Assignee unto the use and behoof of the said M and her Assigns for and during the natural life ony of the said E and to no other uses before in these presents specified any thing aforesaid or any thing to be contained in the said assurances estates and conveyances or any any of them to the contrary c. Provided also and it is moreover Covenanted c. That after the decease of the said E if sall and may be lawful to and for the said T at all and every time times and from time to time during his naturall life by Deed indented under his seal to demise grant set and let the said Messuages Lands and Tenements or any part or parcel theof unto any person or persons in possession and not in reversion other then and except the premise before by these presents limited and appointed for the Joynture of the said M and other then c. so as the same grants That it shall be lawful for T. after E's decease to make Leases leases or estates shall not surmount nor exceed the term number of 21 years or three lives from after the making of such Lease or Lease and so as also there shall be reserved upon every such Lease to be yearly paid during the continuance thereof such and so much yearly rents duties and services as are now paid or answered for or out of the same or more And that then the said estates c. and other assurances to be had levied suffered and made by the said E or T or either of them of the said premises to be demsed as aforesaid shall be and shall enure and the said person and persons to be to be named as aforesaid and his or their Heirs or Assigness shall stand and be seized of the premises to be demised from and after the demising or granting thereof to the use and behoof of all and every such person and persons and their Assignes to whom any such demise or demises shall be so made for and during the terme or termers for which the same shall be so demised according to the intent effect and true meaning of such demises and every of them so as the fame person or persons and his and their Executors c. severally and respectively doe and shall well and truly pay or cause c. to such person and persons for the time being as shall be in the next and immediate reversion or remainder of the same Lands and Tenements so to be demised the rents duties and services in the said several Leases to be reserved upon every fuch several daies and times in their said Leases next after the same shall be due and payable and reasonably demanded by him or them in the next and immediate reversion or remainder thereof and doe performe in convenient time after request in that behalfe to be made all Covenants and grants in the same Lease Leases or grants to be contained and to be performed on his or their parts and behalfs shall not wittingly or willingly commit or suffer any wast above the value of c. in any one Tenement so to be demised or letten And from and after such Demises or Leases to be had and made and as they severally end and determine to such further use and uses and in such sort manner and form as are before in these presents limited mentioned and declared for and touching the same any matter or thing ut supra Provided also and it is likewise Covenanted c. that after the decease of the said E P it shall be lawfull to and for the said T P at all times and from time to time during his life by writing indented under seal to grant That it shall be lawfull for T. after E's decease to make his other wives Joyntures convey appoint or assure the said Messuage and Tenement cum pertinenti is commonly called c. and the Lards Demeasnes thereunto belonging or therewith used or occupied for or unto the use of such woman or women as the said T P sahll hereafter marry or espouse for and during her or their life or lives and no longer for and in the name of a Joynture and not dis-punishable of waft reserving therefore yearly the annual rent of c. to be yearly paid during the continuance of the same estate or otherwise by writing indented under seal from time to time at his liberty and pleasure to demise grant and set the same capital Messuage or Tenement and the Lands and
of c. or his Heirs to make or cause to be made to the use of them the said C H. and M S. and the Heires of the two bodies lawfully to be begotten and for default of such issue to the Heirs of the said C H. for ever a good lawfull and absolute surrender and assurance after and according to the custome of the laid Manour of all that Messuage or Tenement customarily called c. within c. and of all and singular Barns Stables Dove-houses Edifices and Buildings thereto belonging or to or with the same now or at any time heretofore used or occupied as parcell thereof and of all those customary Lands Tenements and Hereditaments as well a●able as pasture and meadow within c. containing by estimation c. or thereabouts be they more or lesse holden by the said Manour of c. sometime in the occupation of I H. or of his Assignes and now in the occupation of the said R B. or of his Assignes and of all other the customary Lands Tenements and Hereditaments within c. aforesaid holden of the same Manour which late were in the occupation of R H. Father of the said I H. and which to him the said I. by right of inheritance as Son and Heir unto the said R H. are descended with all and singular their appurtenances for ever without any condition or other limitation * R. B promiseth to assign a recognizance of 400 l in nature of a Statute staple and also to become bound in an Obligation to C H ●n the sum of c. not to revoke the said assignment And that he the said R B. his c. shall on or before c. also at his and these like costs and charges convey and assign unto him the said C H. one Recognizance in the nature of a Statute of the staple of 400 l. taken and acknowledged the 19th day of c. before c. Knight Lord chiefe Justice of c. payable unto the said R B. And that he the said R B. shall also on or before the said c. become bound by obligation unto the said C. in the summe of c. not to revoke the same assignment nor to receive the said debt of c. or any part thereof nor thereof nor of any part thereof to acquit and discharge the said I H. his Heirs c. of the same Recognizance † And R B. and one S. P. shall also convey and assure unto H. and S. a decimal Portion or Pension with the appurtenances belonging to the Monastery of c. and that H. and S. shall receive the rent thereof untill default of such surrender aforesaid limited upon the solemnizing of the said Marriage for the full satisfaction of the aforesaid stock for H. and portion for M. And furthermore that he the said R B. his c. or one S P. of c. shall also at his or their like charges on or before the said c. enfeoffe confirme and assure unto the said C. and M. and the Heirs of their two bodies lawfully to be begotten and for default of such issue to the right heirs of the said C for ever all that Pension or decimal Portion with the appurtenances lying and being in c. sometimes belonging to the late dissolved Monastery of c. and late parcel of the possession thereof And that he the said C his c. shall have the rents and benefits of the same customary Lands Tenements Hereditaments and of the same Pension or Decimal from the day of the date hereof during and until the said c. Or that in default of such surrender conveyance and assurance within the time above limited as before is expressed shall truly pay unto the said T P his c. on the c. to the use of the said C and M their c. if Marriage shall be in the mean time between them solemnized the summe of c. in full satisfaction as well of and for the said stock of c. so paid into the hands of the said R. As also in satisfaction of the said portion of c. due unto the said M. Or no such solemnization of Marriage between them being then or in the mean time had shall truly unto the said T P. his c. to the use of the said C H his c. the said summe of c. in full satisfaction and discharge of the said summe of c. by the said T P imposed or paid into the hands of the said R B. Now this Indenture further witnesseth that the said R B in consideration of the premises Consideration and Demise and for other good considerations him moving Hath bargained sold c. unto the said T P as well the said Letters Patents and all and singular the premises thereby demised and conveyances thereupon made and passed as aforesaid as also all and singular his right estate title interest use possession reversion property claime terme of yeares and demand whatsoever of in and to the same To have and to hold the said Letters patents and premises thereby demised Habend and conveyances aforesaid and all and singular his right estate title interest use possession reversion property claime terme of years and demand whatsoever of in and to the same unto the said T P his c. from the day of the date hereof forthwards during and until the full end expiration and accomplishment of all the residue yet to come and unexpired of the said term of c. in and by the said Letters patents granted * R B covenants that upon breach or default the premises are to continue unto T P clear from all other and former bargains and also to bee saved harmlesse from all incombrances whatsoever And the said R B for himselfe his c. Covenanteth c. to and with the said T P his c. by these presents That all and singular the premises above by these presents bargained and sold or mentioned or hereby to be bargained and sold the day of the date of these presents and also at the ensealing and delivery hereof are and be and in the day wherein breach or default shal be made of or in performance of the promise aforesaid or in some part thereof shall be and continue unto the said T P his c. clear and clearly acquitted and discharged or otherwise by him the said R B his c. saved harmless of and from all and singular former bargaines sales gifts grants leases forfeitures morgages re-entry cause and causes of forfeiture and re-entry and of and from all other charges titles troubles and incombrances whatsoever had made committed omitted done or suffered or to be had made committed c by the said R B his c or any other person or persons whatsoever The Rent reserved to bee paid by the Leassee Rent reserved upon two Indentures for default of payment also to be and continue to
extend to any further warranty then onely against the said Sir Io. C. the elder and A. his Wife Sir D.D. and Dame M.D. his Wife Sir Tho. C. and Dame D. his Wife and their or some of their Heires and all persons lawfully claiming in by from or under them or any of them or in by from or under their or any of their Titles And the said Andrew H. for himself his Heirs Executors and Administrators and every of them doth Covenant and Grant to and with the said Sir Io. C. the elder and Sir Jo. C. the younger and either of them their and either of their Heirs Executors and Administrators by these presents Covenant that if there shall be default in payment to re-deliver the Evidences That if any default shall happen to be made by the said Andr. H. his Heires Executors or Administrators of or in the payment of the said sum of 3870 l. or any part thereof at any the dayes and times in that behalf limited mentioned or appointed in or by the Proviso or Condition before in these presents contained contrary to the Tenour and true intent and meaning thereof and of these presents That then and at all times thenceforth he the said A.H. his Heires Executors Administrators and Assigns or some of them shall and will at and upon the reasonable request or requests of the said Sir Jo. C. the younger his Heires or Assignes or any of them re-deliver or cause to be re-delivered unto the said Sir J. C. the younger his Heires Executors Administrators or Assignes or to some of them All and every such the Deeds Evidences Minuments and Writings whatsoever touching or concerning the said Manours Messuages Lands Tenements Hereditaments and Premisses or any of them as shall be by the said Sir J.C. the elder and Sir Jo. C. The younger or either of them delivered to the said A.H. his Heirs or Assigns or any of them as aforesaid whole safe uncancelled and not defaced and in such manner case and plight as the same shall be delivered by or from the said Sir J.C. the elder and Sir Jo. C. the younger or either of them their or either of their Heirs Executors Administrators or Assigns unto the said A. H. his Heires Executors or Administrators or any of them As also to reassure the Land as shall be advised And that the said A.H. his Heirs and Assignes shall and will after such default at and upon the Request Costs and Charges in the Law of the said Sir Jo. C. the younger his Heirs or Assigns do make and execute such act acts assurance and assurances for the re-assuring and conveying surety and sure making of all and singular the premises to the said Sir Jo. C. the younger his Heirs and Assigns to the sole and onely use and behoof of the said Sir Jo. C. the younger his Heirs and Assignes as by the said Sir Io. C. his Heires or Assignes shall be reasonably devised or advised So as the said A. H. his Heirs nor Assignes be not compelled to travel from the place of their abode at the time of such request made for the doing and executing of the same And so as the same include no other or further warranty then against the said A. his Heires and Assignes Covenant by the Vendee to pay a Fee-Farm Rent of c. payable to c. And A.H. for himself his Heires Executors and Administrators doth Covenant and Grant to and with the said Sir Io. Cutts his Heires Executors Administrators and Assignes and every of them That he the said A.H. his Heires or Assignes or some of them shall and will at all times and from time to time for ever hereafter pay and satisfie to c. the said Fee-Farm Rent of 57 l. 10 s. before mentioned hereafter to grow due and payable at the times therefore usual And all Quit-rents and Out-rents issuing out of all or any the premisses or due or payable for or in regard or by reason of the premises to c. as the same shall hereafter grow And in default of payment then the Vendee within 3. Moneths after notice shall pay the Arrearages and in default thereof upon like notice and request shall satisfie the Damages sustained by the Vendee for non-payment or become due and payable And in case of non payment of all or any the same arrearages on any of the said usual daies of payment then and from thenceforth respectively upon reasonable notice and request of such arrearages to be made or given to the said A. H. his Heires or Assignes by or from the said Sir Io. Cutts the younger his Heires or Assignes The said A.H. his Heirs or Assignes or some of them respectively within three Months next ensuing such notice and request shall well and truly from time to time pay all and every the same arrearages And in default thereof then and from thenceforth respectively well and truly upon like request shall and will well and truly from time to time recompence and satisfie to the said Sir Io. C. his Heires and Assignes all such damages and losses as they or any of them shall in any wise sustain by or by reason or occasion of the non-payment of the said Fee-Farm Rent or any of them as aforesaid ¶ In witnesse c. ¶ Covenants for a Fine and recovery to cut-off an Intaile THis INDENTVRE made c. Between E. B. of S. in the County of B. Esquire E. his Wife and I.C. of A. in the said County of B. Yeoman on the first part I.T. of M. in the County of N. Yeoman on the second part and E.W. of A. aforesaid Yeoman on the third part ⋆ E.B. standeth seized at the ensealing of these prefents of an estate-taile to him and his Heires males of his body with diverse remainders over c. Whereas the said E. B. at the ensealing and delivery of these presents is and standeth seized of an Estate-taile to him and the Heires males of his body with diverse remainders over of and in the said Manour Lands Tenements and Hereditaments hereafter in these presents mentioned † For and in consideration of the said estate-taile and for the setling of an absolute estate of Inheritance in Fee-simple in the said E.B. to the intent he may be inabled to make a perfect assurance to any person that shall purchase the said Manour Lands and Hereditaments c. Now witnesseth this Indenture that for and in Consideration of the barring of the Estate-taile and all the remainders thereupon depending And for the setling of an absolute estate of Inheritance in Fee-simple in the said E. B. whereby he may be enabled to make and good and perfect assurance of such person and persons and their Heires as have agreed or hereafter shall agree with him the said E.B. to purchase the said Manour Lands Tenements and Hereditaments or any part or parcell of them It is mutually and respectively concluded and fully