THE MODERN ASSURANCER OR THE CLARKS DIRECTORY Containing the PRACTICK PART of the LAW in the exact Formes and Draughts of all manner of Presidents for Bargaines and Sales Grants Feoffments Bonds Bills Conditions Covenants Joyntures Indentures to lead the Uses of Fines and Recoveries with good Provisoes Covenants to stand seised Charter-Parties for Ships Leases Releases Surrenders c. And all other Instruments and Assurances now in use Intended for all young Studients and Practizers of the LAVV. By J.H. With an exact Table wherein may be found the principall Matters therein contained LONDON Printed for Henry Twyford and are to be sold at his Shop in Vine-Court Middle-Temple and Nath. Brook at the Angel in Cornhill 1658. THE MODERN ASSURANCER OR THE CLARKS DIRECTORY Containing the Practick Part of the LAW in the exact Formes and Draughts of all manner of Presidents Printed for H Twyford N Brooks 1658. TO THE READER THere are many Books of Presidents of Conveyances Assurances and Instruments now extant which indeed are very good and usefull in their severall natures and kinds But there being no Peice so contrived as to contain in it self all manner of Instruments I was desired by severall persons to make an exact Collection of some Presidents of every sort so that with this Book and my former Collections Intituled the Conveyancers Light you might be sufficiently furnished with perfect Presidents fitted for every purpose without the trouble of turning over other Books And the same are so Methodically disposed under particular Heads that you may out of the same extract any Grant Covenant Proviso Article Condition Agreement or any other thing as your Case shall require And by the means aforesaid you may find both Matter and Forme to compose perfect and compleat any Instrument whatsoever And the Formes that are here put for Conditions of Bonds may w th much ease be turned into Provisoes Conditions or Covenants as occasion shall require I shall add no more but hoping that these my Endeavours will answer thy Expectation I leave them to thy Candid Censure John Herne THE MODERNE ASSURANCERS STUDY opened Being a Collection of all manner of ASSURANCES now in use both absolute and Conditionall Articles of Agreement Articles of Agreement upon a marriage ARTICLES Indented of Agreement concluded upon between I. Q. of Graies-Inne in the County of M. Esquire W. R. of C. in the County of M. Esquire W. Q. Citizâ—n and Mereer of L. and R. B. Citizen and Draper of L. aforesaid on the one party And W. B. Citizen and Haberdasher of L. on the other party of for and concerning a marriage to be had and solemnized by Gods grace between the said W. B. and I. Q one of the Daughters and Orphants of I. Q late Citizen c. The which said Articles being agreed and fully concluded upon between the said parties first above mentioned the eight and twentieth of January in the year c. do hereafter insue in manner and form following That is to say First the said W. B. doth faithfully agree promise and conclude to and with the said I. Q. W. R. W. Q. and R. B. That he the said W. B. shall by Gods grace before the 25. of June next coming take to wife the said I. Q. if she will thereunto consent and agree Item the same W. B. doth promise conclude and agree in manner and forme aforesaid That he shall before the end of Easter term next ensuing together with his brethren H. B. and B. B. levy a Fine unto such persons as shall be named by the said I. Q. W. R. W. Q. and R B. The which Fine shall be Sur Conusans de droit come ceo c. of Lands Tenements and Hereditaments in the County of the clear yearly value of fifty pounds of c. over and above all charges and reprises The which Cognizees in the same Fines and their Heires shall be seised of the said Lands Tenements and Hereditaments comprized in the said Fine from the time of the celebration of Matrimony between the said W. and I. to the use and behoof of the said W. B. and I. and of the heires males of the body of the said W. B. to be begotten of the body of the said I. and for lack of such issue then to the use of the said W. B. and of the heires males of his body lawfully begotten And for lack of such issue to the uses intents and true meaning of an entail thereof made by one H.B. deceased Father of the same W. B. Item the same W. B. doth promise conclude and agree in manner and form abovesaid That he shall and will within the time and space of foure yeares next ensuing the date hereof purchase obtaine and procure Lands Tenements and Hereditaments of the clear and yearly value of fifty pounds by the year above all charges and reprises to be lawfully assured and conveyed unto him the said W. and to the said I. and to the heires males c. upon the body of the said I. to be begotten with the remainder of the same Lands Tenements and Hereditaments to the said W. B. and his heires for ever And if it fortune that the said W. B. doe decease within the said foure yeares now next ensuing as aforesaid and before that he have purchased obtained and procured Lands Tenements and Hereditaments to the clear yearly value of fifty pounds by the year in manner and forme above rehearsed Then shall the said W. B. leave give and bequeath unto the said I. by his last Will and Testament or otherwise the full and entire sum of six hundred pounds of c. over and besides such part and portion as she the same I. may justly and lawfully claim and challenge by the most laudable and ancient custome of the City of London Item the same W. B. is pleased and contented That if the same I. shall fortune to decease before him the said W. B. That then it shall and may be lawfull for the said I. by her last Will and Testament to give and bequeath the full summe of two hundred pounds of c. to what person or persons it shall best stand with the likeing good will and pleasure of her the said I. And the same W. B. doth most faithfully promise and agree to content and pay the same summe of two hundred pounds to such person and persons as to whom she the said I. shall in manner and forme aforesaid will bequeath name or appoint the same to be paid within three moneths next after her decease any Law or usage to the contrary notwithstanding Item the said W.B. doth by these presents for him and his Executors promise and agree in manner and form aforesaid That if after such time as the full portion legacy or childs part being due unto her the said I. be contented and paid unto the said W. B. There fortune any debt or bond to appeare to be lawfully due to any person or persons by the
decease THe Condition of this Obligation is such That whereas there is a Marriage agreed upon and contracted between A. A. the younger Son and Heir apparant of the said A.A. the elder now Lord Mayor of the said City of L on the one party and M C the onely Daughter of I. C late cited and c. deceased on the other party If the said A A the elder or his Heires at their own proper costs and charges on this side the 20 day of c. next c. upon reasonable request and two dayes respite for the overlooking thereof do make and convey or cause to be made and conveyed a good and perfect assurance in the Law of all those Lands Tenements and Hereditaments of Freehold and Copyhold whereof the said A the elder hath delivered particulars to the said H S expressing and rating the same at the cleer yearely value of a hundred pounds of c. over and above all charges and reprises to and for the onely use and behoof of the said A.A. the elder for the tearm of his naturall life onely without impeachment of wast and after his decease to and for the use and onely behoof of the said A.A. the younger and M.C. and of the Heirs of their two bodies betwixt them two lawfully to be begotten And for lack of such Issue then to the use of the Heires of the body of the said A.A. the younger lawfully to be begotten And for lack of such Issue then to the use of the said A.A. the elder and of his next Heires for ever in such manner and form and to such persons and by such manner of lawfull and reasonable conveyance and assurance in the Law as by the said H.S. and E B. or the Survivor of them or by their or any of their Councell learned in the Law shall be lawfully and reasonably devised or advised and required as aforesaid The same Lands Tenements and Hereditaments by good and lawfull title and conveyance in the Law then at the time of the said Assurance making being in the lawfull Seisin of the said A.A. the elder and A.A. the younger or of one of them to the only use of themselves and their Heires or the Heires of one of them without any Condition to the elâ—er and full yearely value of a hundred pounds of c. above and beyond all charges and reprises And the same also then being free and cleer discharged or acquitted or from thenceforth saved and kept harmlesse of and from all and singular former Grants Estates Titles and Incumbrances whatsoever had made or knowledged by the said A. A. the elder or A.A. the younger or by or under their Title or Estate or the Title or Estate of either of them the Rents and Services from and after the decease of the said A.A. the elder to be due to the chief Lords of the Fee and Leases for tearm of yeares not to be prejudiciall to the yearly value aforesaid onely except And if also the said A.A. the elder his Executors or Administrators within six months next and immediatly ensuing from and after the day of the solemnization of marriage between the said A. A. the younger and the said M. C. do well and truly content and pay or cause c. to the said A. the younger and M.C. towards the preferment of the same A. in the same marriage the summe of a thousand pounds of c. without any manner of fraud or covin And moreover if the said A.A. the elder at the time of his decease do by his last Will and Testament give and bequeath or otherwise leave by sufficient conveyance or assurance to the said A.A. the younger and to the said M.C. the summe of a thousand pounds of c. So as the said A. the younger and the said M. if they two be then living may have and enjoy by and after the decease of the said A. the elder the said summe of a thousand pounds either by the gift bequest or leaving of the said A.A. the elder without fraud or covin That then c. A Condition by one having the Office of the Keeper of the Worsted Hall and Hall for English Bayes in London granted unto him to collect the Duties and be accountant to the Hospitall upon request THe Condition c. That whereas the within named Governours that is to say the Mayor and Comminalty and Citizens of the City of London Governours of the Possessions Revenues and Goods of the Hospitalls of Edward King of England the sixth called Christs Bridewell and St. Thomas the Apostle have admitted the within bound R.W. to the Office of the Keeper of the Market places commonly called the Worsted Hall and the Hall for English Bayes within the City of London therein truly and faithfully from time to time to collect gather and receive for the use of the said Governours towards the relief of the poore children harboured in Christs Hospitall in Newgate-market of London aforesaid all and singular such Profits Rites and Duties as shall there be due or payable to the use aforesaid for Worsted Bayes or any other Wares or Merchandizes to be brought to the said Halls or either of them or for any Hallage or Stoage of the same in the said Halls or either of them If therefore the said R. and W. by and during all the tearm that he the said R. shall continue in the said Offices or either of them do well and faithfully collect and gather all and singular the said Profits Rites and Duties as a diligent true and faithfull Officer ought to do And if also the said R. his Executors and Administrators from time to time when as he or they shall be thereunto reasonably required by the said Governours or their certain Attorneys or the Treasurer of the said Hospitall for the time being do yeild make and give up to the said Governours their Deputies or Attorneys or to the said Treasurer as well a perfect just and true account of all the Premisses As also full and true payment of and for all the said Profits Rites and Duties which shall be had or received by the said R. his Servants Deputies or Ministers whosoever from time to time during his continuance in the said Office or either of them That then c. A Condition to put in Surety by a day to save one harmless having given his word for a Debt THe Condition c. That where the within named E. B. at the request and for the debt of the within bounden T. B. hath agreed and undertaken for the payment of thirty pounds of c. by the said E. his Executors or Administrators to be paid to F. D. Citizen and S. of L. his Executors or Administrators according to the tenor and effect of one paire of Indentures dated c. made between the said F. on the one part and the said E. on the other part If the said T. together with one A.B. of c. or together with W.B.
shall be the three and twentieth day of this present moneth of S. within written five bushells and from thenceforth at every foure weeks end on the Fryday severally five bushells of the said Wheat without fraud or covin untill the said S. quarters and 2. bushels of the said Wheat shall be fully delivered and every bushel thereof to weigh fifty six pounds of lawfull sised weight That then c. Or else if default shall be made in delivery of the said Wheat or any part thereof contrary to the tenor and true meaning of this present Condition That then c. A Condition for delivery of Tinne THe Condition c. That if the within bound T. N. his c. do deliver or cause c. to c. his c. at the next Midsomer delivery at T. in the County of C. at the Queens beame there so much good soft white and Merchantable Tinne of Cornewall frank and free of all charges and demands whatsoever as at the price there to be set between the Merchants and the Tinners at the said next Midsomer delivery shall amount to the summe of one hundred pounds of c. without fraud c. That then c. Covenants For Covenants upon assurance made of a womans Joynture in Free-hold and Copy-hold Lands THis Indenture c. Between the Right worshipfull Sir A A. Knight Citizen and Alderman of L. on the one part and H. S. and E.B. Citizen and Ironmongers of L. on the other part Witnesseth that whereas the said Sir A. in consideration of marriage to be had and now finished and solemnised between A. A. the younger Son and Heire apparent of the said Sir A. the elder and M. C. Daughter of c. and for a Joynture to the said M. to be had and made of the Lands and Hereditaments of the said A. the elder free and copy he the said A. the elder did not onely bargaine and sell to the said H. S. and E. B. all that the Mannor or Capitall Messuage with the Appurtenances called or known by the name of G. scituate c. in Y. in the County of W. now in the tenure of c. and all those Messuages c. now or late in the severall tenures of c. But also by Feoffments and other lawfull Conveyances and Assurances in Law Hath in like manner conveyed and assured the said Premisses and the Reversion and Reversions thereof with their Appurtenances to the said H. S. and E. B. to have and to hold all and singular the said Mannor Messuage c. to the said H. and E. and their Heirs to and for the use of the said A. A. the elder for the terme of his naturall life without impeachment of waste and after his decease to and for the use and behoof of the said A. the younger and M. and the Heires of their two bodies between them two lawfully to be begotten and for lack of such issue to the use of the heirs of the body of the said A. A. the younger lawfully to be begotten and for lack of such issue then to the use of the said A. A. the elder and of his heires and assignes for ever As by two severall Deeds indented of Feoffment thereof made and enterchangably sealed by the said parties and both bearing date c. And by one paire of Indentures interchangably made and sealed between the same parties bearing the same date and enrolled amongst the Rolls of the high Court of Chancery more at large may appeare And whereas the said A. the elder for the said purpose hath also surrendred all those Copyhold-Lands Tenements and Hereditaments in the Parish of H. aforesaid according to the custome of the Mannor there for and to the use of the said A. the elder for the terme of his life onely The Remainder to the use of the said A. his Son and to the said M. and to the heirs of their two bodies c. And for lack of such issue to A. the youngers heires of his body ut supra And for lack of such issue Then to the use of the said A. the elder and of his heires and assignes for ever according to the custome of the said Mannor The said A. the elder for him c. Covenanteth c. in forme c. That the said H. the elder at the time of the severall liveries made of the said Lands Tenements and Hereditaments conveyed by the said two Feoffments And at the time of the ensealing delivering and acknowledging of the said former Indentures of Bargaine and Sale was by good and lawfull right and title in the Law solely seised of and in all and singular the Premisses conveyed by the said Feoffments and Indentures in his demesne as of fee to the only use of himself and of his heires for ever without any condition or limitation of use that the said A. the elder at the time of the making of the said surrender of the copyhold lands and Tenements aforesaid was thereof of every part thereof lawfully seised to the only use of himself his heires according to the custom of the Mannor aforesaid by good and lawful right and title according to the said custom without any Forfeiture or former Surrender thereof or of any part thereof heretofore made and knowledged to the contrary by the said A. the elder or his meanes in any wise And that all and singular the Premisses conveyed by the said two Feoffments and by the said former Indentures shall continue to the uses therein expressed of the clear yearly value of one hundred pounds of c. over and above all yearly charges and re-prises whatsoever and clear and free discharged and acquitted or otherwise c. saved harmlesse by the said A. the elder his c. of and from all and singular former bargains c. had made done knowledged or agreed unto by the said A. the elder The rents and services from and after the decease of the said A. the elder to be due to the cheife Lords c. and Leases for terme of yeares made of the Premisses or any part of the same not prejudiciall to the clear yearly value aforesaid onely excepted and fore-prised And moreover the said A. the elder Covenanteth c. That he the said A. and his Heires and all and every other person and persons whatsoever having or lawfully claiming or which shall or may lawfully claime any right estate title or interest of in or to the Premisses or any part thereof by or under the said A the elder The said Lessees for their severall estates and interests in the same Premisses above excepted onely except shall and will thereof and of every part thereof at all times during the space of two years next insuing the date of these Presents upon reasonable request make knowledge doe and execute and cause c. in the Law to the said H. and E. and their Heires and to the Survivor of them and his Heires all and
bench at Westminster by the name of c. As by the said former Indentures more at large may and will appear which said fine by assent of the said parties was forborn and not levied untill the morrow after the Feast of the holy Trinity now last past at which time the fine aforesaid hath been had and levied by the said W. and A. his wife in manner and form aforesaid And now the said W. for him and his heirs And the said R. for him his heirs and assignes have covenanted and agreed together And now do covenant grant and agree together by these presents And by the same presents do cleerly and plainly expresse and declare That the said fine of the Premisses levied by the said W. and A. his wife to the said R. and his heirs as aforesaid was so had and levied to the use of the said R. and of his heirs and assignes And was alwaies meant and intended to be And is meant and intended to be And from henceforth for ever shall be and be deemed taken to be to and for the use and behoof of the said R. and of his heirs and assignes for ever and to none other use or uses intent or purposes whatsoever In witnesse c. An Indenture of a Joynture before Marriage THis Indenture c. Between c. In consideration of the said intended marriage and in pursuance and part of the performance of certain Articles c. And for the better provision of maintenance for her the said C. and in part of her Joynture of the lands and tenements of the said R. he the said R. G. hath demised granted bargained sold ser and let to farm And by these presents doth c. unto the said B. All these Mess c. And the reversion and reversions remainder and remainders thereof and of every part thereof with the appurtenance To have and to hold unto the said B. and C. c. and the survivour of them and his heirs from the day of the date hereof for and during all the time and term of one hundred years from thence next ensuing and fully to be compleat and ended To the uses behoofs intents and purposes herein expressed mentioned and declared And to no other use behoof intent or purpose in any wise That is to say That the aforesaid H. B. and A. B. and their heires shall stand and be possessed of all and singular the Premisses to the onely use and behoof of the said R. G. and his assignes during so many years of the foresaid term as shall expire in his life time and immediately after his decease to the onely use and behoof of the aforesaid his intended wife and her assignes during so many years of the said term as shall expire in her life time and after her decease then to the onely use of the first son of the said R. upon the body of the said C. to be begotten and the heires of his body during all the then remaining time of the term aforesaid And for default of such issue to the second third and fourth sons of the said R. upon the body of the said C. to be begotten and the heirs of their bodies successively And for default of such heirs males then to the use of the first daughter of the said R. on the body of the said C. to be begotten and the heirs of her body And so to their second c. An Indenture for the acknowledging and leading the use of a fine to the use of the Conizors THis Indenture c. Between W B of S. in the County of S. yeoman and J his wife one of the daughters and heires of the said J L. late of S. aforesaid deceased on the one part And J M of L. Cordwainer and W F of the same city Cloth-worker on the other part Witnesseth that for divers good and especiall causes and considerations it is covenanted and agreed between the said parties That the said W B and J his wife before the Feast of All Saints next coming in due form and according to the course of the Laws of this Realm shall levie one fine before the Kings Majesties Justices of his Common bench at Westminster of one tenement c. All which Premisses come to the part of the said J upon the division made between her and J. her sister the other daughter and co-heir of the said J L And that by the same fine they shall expresse all and singular the Premisses by the name of two Messuages two Cottages two Gardens twenty acres of land four acres of meadow and ten acres of pasture with their appurtenences in S and W in the County of S. And also by the same fine shal knowledge all and singular the Premisses to be the right of the said J M as those which the said I. M. and W. F. then shall have of the gift and grant of the said W B and I his wife And the same then by the said fine shall remise and quite claime from them and their heires to the said I M and W F and the heires of the said I M for ever And moreover that the said W B and I his wife by the same fine shall grant for them and the heires of the said I that they shall warrant the said tenements with the appurtenances to the said I M and W F and to the heirs of the said I M against them the said W B. and I. and the heires of the said I. for ever The Use And it is covented concluded and agreed between the said parties to these presents and every of them for themselves and their heirs do covenant and agree with the other of them and their heires and the heires of every of them by these presents That the said fine so to be levied of the said Messuage tenements cottages and other the Premisses with their appurtenances as aforesaid shall be and by these presents is fully and plainy expressed agreed and declared to be to the uses and intents hereafter in these Indentures expressed and not to any other use or uses intent or intents whatsoever That is to say to the onely use and behoof of the said W. B. and J his wife and of the heirs of the survivor of the same W. B. and I. for ever In witnesse c. An Indenture for knowledging a Recovery to sundry uses with provision that the Estate Taile be not altered THis Indenture Tripartite made c. Between I. F. of B. in the County of B. Esqire on the one part And the right worshipfull Sir I. M. Knight I. H. and H. C. Esquires on that other part And the right worshipfull R C. of S. in the County of S. Esquire and I. N. and M. F. Gent. on the third part Witnesseth that for divers reasonable causes and considerations the said I. F. especially moving and also upon great trust and confidence by him reposed in the said Sir I. M. J. H. H. C. R. C. J.
all the said parties to any other person or persons at all and every time from time to time hereafter shall be to the onely uses hereafter in these presents mentioned And that the said persons mentioned in these present Indentures and their heires and all and every other person end persons that shall be seised and taken to be seised of the Premisses and every parcell thereof by vertue of the said recoveries fines and assurances shall be seised to the uses hereafter expressed That is to say the said recoveries and other assurances to be suffered had made and extended of the Mannors lands tenements reversions services and hereditaments and all other the Premisses with the appurtenances in the said County of Y. the city of Y. and County of M. shall be to the onely use and behoof of the said Lady J. C. and of the heires of the body of the said Lady J. by the said Sir T. L. Knight deceased her late husband lawfully begotten And if it happen the said Lady J. C. to die without issue of her body of her said late husband lawfully begotten Then to the onely use of the said T. L. of C. his heirs and assignes for evermore And the said Recoveries and other Estates and Assurances hereafter to be suffered had made and executed of the said two Messuages and two Gardens with their appurtenances in the said city of L. shall be to the onely use and behoof of the said Dame J. C. her heires and assignes for evermore In witnesse c. An Indenture to lead the use of a Recovery THis Indenture c. Between J. R. of L. in the County of E. Esquire and C. R. son of the said J. R. on the one part And T. R. and A. R. on the other part Witnesseth that whereas the said J. R. standeth seised in his Demesne as of an Estate of inheritance or of Freehold of and in divers Messuages with their appurtenances scituate lying and being within the city of L. hereafter mentioned That is to say of and in five messuages in L. in the Parish c. and of and in c. It it now covenanted granted and agreed by and between the said parties to these presents and their heires That the said Messuages and all commodities and easements to the same belonging with the appurtenances whatsoevr and every part and parcell thereof scituate lying and being within the said city of L. Whereof the said J. R. is seised of any estate of inheritance or of freehold by the severall names of c. with the appurtenances in the city of L. before the Feast of St. Andrew the Apostle next ensuing the date hereof shall be recovered by a Writ of Entrie Sur deseisin in le past to be pursued of the said Messuage and other the Premisses with their appurtenances by the said T. and A. R. or the survivor of them against the said J. R. whereunto the said J. R. shall appear and vouch to warranty the said C. R. who shall likewise appear and enter into the warranty and vouch over the common vouchee who shall enter into a warranty and after imparlance to a day make departure in despite of the Court to the end a perfect recovery may be had of the Premisses with such vouchers as is aforesaid according to the due course of and order Recoveries at the Common Law which said Recovery shall be in due form of law executed And after the execution thereof it is covenanted granted concluded condiscended and fully agreed by and between the said parties to these presents and their heires That the said T R and A. and their heires and the heires of every of them shall stand and be seised of the said Messuage c. and every part and parcell thereof to be recovered in form aforesaid by what name or names or in what manner soever the same shall be recovered to the onely use and behoof of the said J. R. and his heirs for ever In witnesse c. THE TABLE ARticles of agreement upon a Marriage fol. 1 Assignment of a License to transport Wooll for satisfaction of a debt due to the Assignee with Covenant that if the Assinee levie not his debt by a day the Assignor will pay it 137 B. BIll of Credit 5 Bill in Chancery to examine Witnesses in perpetuam rei memoriam 6 Bill of Exchange 7 C. CHarter-partie with Covenants large 7 CHarter-party large 12 Charter-party-passed 16 Another Charter-party 18 See more in Partners Conditions For delivering Tynne 22 For delivering Wooll ibid. For paying an Annuity 23 To marry the Obligee upon warning ibid. Not to become Suretie without license 24 For appearing at a day and place to answer c. ib. For letting the Obligee have the refusall ib. For the good Service of a man 25 For a Servants true Service and accounting ibid. That an Apprentice shall not damage his Master 26 For leaving an Estate to a Wife ib. For paying a summ of money or delivering a Chain 27 Between Executors for each answering a moyety of what shall be recovered for their Testators Acts. ib. For redelivering Letters Pattents borrowed 28 For sealing a generall Acquittance ibid. For paying such summs as are or shall be exprest in a Book this is in nature of a standing Counter-security between a Debtor and his Surety 29 For paying Legacies according to a Will 30 For levying a Wife a certain summe and what more her Thirds shall amount to by the custome 31 For working a certain time for certain Wages 32 That the husband shall not sell the wives goods but leave them discharged of Incumbrances done by him 33 To make one free at a certain time 34 For paying the Obligee what shall be recovered against him for being Bail to the Obligor ibid. For saving one harmlesse for beeng bail 41 42 Not to become Surety 35 Condition on a Surrender 36 For making a Joynture paying a summe of money at a day and leaving another at death 37 For collecting duties and being accountable by an Officer to a Company 39 For giving the Obligee Counter-security by a day 40 For saving one harmlesse being bound in the Chamber of London 41 Where two are bound if they bail then to pay the money within a month 42 For making good of Plate delivered to a Goldsmith if it be not redelivered 43 For saving harmlesse an Executor for paying a Childs Legacy to the Father ibid. For paying money if the Obligee procure a Lease 44 To convey a Lease or pay a summe by a day 45 For granting an Annuity by a day 47 That the Obligee shall have the refusall if the Obligor sell his house ibid. For returning money taken up at Antwerpe by rechange to London 48 On a Letter of Attorney for receit of debts 49 For leaving a wife foure hundred pounds in money or goods if she survive 50 That a man and his wife shall bring up Children and pay their Portions 51 Between Co sureties each for
uses and intents and under the Provisoes and Conditions hereafter mentioned That is to say of the Mannor of B. and of all and singular the appurtenan to the same belonging to the use of said Sir G S for the term of his life To the uses following Of the Mannor of B. to the uses of Sir G and his wife for life after to H S after to a second third fourth and fifth Son without impeachment of Wast and of the said Mannor of B. with all singular the app to the use of the said Sir G and Dame D for the terme of their lives and of the longer liver of them without impeachment of Waste during the life of the said Sir G and after the decease of the said Sir G. then of the said Mannor of B with all and singular the appurtenances to the use of the said H. S. and of the Heires of his body lawfully begotten and for default of such Issue then to the use of the second Issue Male of the body of the said Sir G and Dame D. between them lawfully to be begotten and for default of such Issue to the third Issue Male of the body of the said Sir G. and Dame D. lawfully begotten and to the Heires of his body lawfully begotten and for default of such Issue then to the use of the fourth Issue Male of the body of the said Sir G and Dame D and to the heires of his body lawfully begotten and for default of such then to the use of the fifth issue male of the body of the said Sir G. and Dame D. lawfully begotten and for default of such Issue then to the use of the right heires of the said Sir G. for ever And of the said Mannor of C. Of the Mannor of C. to the uses of c. with all and singular the appurtenances to the use of the said Sir G. and Dame D. his wife without impeachment of Waste during the life of the said Sir G. and after their deceases then to the use of the said H S and of the heires of the body of the said H. lawfully to be begotten and for default of such issue to the use of the second Issue male of the body of the said Sir G and Dame D between them to be begotten and to the Heires of the body of the same second Son lawfully to be begotten and so to three more Issue males one after another And for lack of such Issue then to the use of the right heires of the said Sir G.S. for ever Proviso to determine their estates who go about to discontinue the Estate taile other then Ioyntures to wives or Leases c. Provided alwaies and it is covenanted concluded and agreed by and between the said parties to these presents for them and their heires by these present Indentures That if the said H S or any Issue of his body lawfully to be begotten or any other such Issue male as aforesaid to be begotten of the bodies of the said Sir G and Dame D or any Issue of the body of any such Issue male shall at any time after he or they or any of them shall be in possession of the said premisses or of any part thereof or receive or take any Issues or profits of the said Premisses or any part thereof intend agree or go about to do and execute or willingly or wittingly to suffer to be done or executed any act or thing whereby the Estates before limitted or appointed of and in the said Mannors Lands or Tenements or any part thereof shall be discontinued recovered barred cut off or avoided or altogether altered or changed unlesse it be for the making or granting of any of these estates hereafter mentioned and then also for the termes and times hereafter mentioned and for no longer That is to say for a Joynture or Joyntures to be made to such as the said H. or any of the said issues before mentioned shall take to his lawfull wife for the terme of life or lives of such wife or wives onely or for the preferment of the younger Sons or of the Daughters of some of the said issues So that the estates so to be made for the preferment of the said Sons and Daughters be not to continue above ten yeares at the most or for the help or relief of any of the said Issues when they or any of them shall be compelled to go serve the Kings Majesty or any his Heires or Successors in the Wars or for Grants by Copies of Court-rolls according to the customes of the severall Mannors Leases or Demises for and during one and twenty yeares or for two or three lives at the most from the time of the making of any such Lease or Demise of Lands unusually letten upon which Grants Leases and Estates so to be made and granted other then of the estates made for the Joyntures aforesaid or for the preferment of the said younger Children or Daughters the old accustomed Rents or more shall be reserved to be paid yearely during the continuance of the said Leases and Estates to those in reversion of the said premisses according to the Estates and limitations before in these presents mentioned and appointed that then and after plain and due proof of the said intendment agreement and going about had and made the estate right title and interest of the said person so intending agreeing and going about shall from the time of the said intending and agreement cease and determine And that then and from thenceforth the said E. I. H. and H. The use of the Premisses to descend to the next issue limited by these presents and the Survivors of them and their heires and every other person having claiming or pretending to have any estate right title or interest of in and to the premisses or any part thereof shall stand and be seised of all and singular the said premisses with the appurtenances to the use of the next issue to whom the said Mannors Lands and Tenements are limited and appointed by these presents to descend remain or come as if the said person that so intendeth or goeth about to do or suffer to be done as is aforesaid at the time of the said intendment agreement or going about had been dead and departed this present life and to the use of the Heires of the body of the said Issue lawfully begotten under like condition as aforesaid Provided moreover Proviso that if the Assurer be minded to sell the Mannor of B. then to assure other Lands in lieu thereof and to the uses aforesaid and the Trustees to stand seised to the use of the Purchasor and it is further agreed between the said parties to these presents That if the said Sir G.S. at any time during his naturall life shall be minded or disposed to bargain sell or convey away the said Mannor of B. with the appurtenances and in lieu and place thereof to convey and assure so much
suffer a recovery with simple Voucher within the space of one yeare next comming after the date of these presents shall permit and suffer the said A B and C D and the Survivor of them by Writs of Entry sur disseisin in le port returnable before the Justices of the Common Bench according to the course and order of common Recoveries with simple Voucher to recover against him the said E. all those his Lordships and Mannors of E C W and W in the said County of N with their appurtenances and all other the Lands Meadowes Pastures Woods Rents Reversions and Hereditaments of the said E scituate lying and being in E. C. W. and W. in the said County of N. And also the Lordships of c. in the County of L. and all others the Lands c. by such convenient names and additions as shall be reasonably devised And that executions shall be had and made of and upon the said recoveries User of the Recovery And further it is by these presents granted and agreed between the said parties to these presents That the said recoveries to be had and executed as aforesaid and every common recovery with Voucher within the space of one yeare next ensuing to be suâ—tered by the said E. of the Premisses and every or any part thereof by what names or additions soever the same shall fortune to be had or suffered immediatly from the execution thereof shall be And that the persons who shall recover the Premisses and every or any part thereof and their heires after every such execution shall stand and be seised of the Premisses with the appurtenances to the onely uses limitations and intents hereafter in these presents expressed and mentioned that is to say To the use and behoof of the said L. To the woman for her life for her Joynture and in recompence of her Dower now wife of the said E. for terme of her life for her Joynture and in full recompence of such Dower as the said L. now is or hereafter shall be entituled unto or may hereafter claim or demand of any the Mannors Lands Tenements or Hereditaments of the said E. her Husband and after her decease to the use and behoof of the said E. B. and of the Heires of his body lawfully coming After to the husband and his heirs and to divers remainders according to an ancient entaile made by the husbands Father and for default of such Issue to the use and behoof of the said R. G. Brother of the said E. and of the heires males of his body lawfully coming and for default of such Issue respectively and ratably to the use of such person and persons and their heires or the heires of their bodies begotten or for other whatsoever estates in such manner and form and under such uses estates conditions and limitations as particularly and proportionably therof is limited appointed or declared by any lawfull devise or conveyance made by E.G. Esquire deceased late Father of the said E. party to this Indenture for ever For the strengthening of Leases to be made by the husband the wife or the husband after the wives decease Provided nevertheless it is agreed between the said parties to these presents That if the said E.G. the Son at any time or times hereafter during the lives of the said E. and L. jontly by any Indenture to be made in the name of the same E. and L. on the one part and any other person or persons on the other part or after the death of the said L. by any Indenture to be made in the name of the said E. of the one part and any other person or persons on the other part shall make any Lease or Leases of the said Mannors c. or of any part or parcell thereof other then of the Capitall Messuage of the said Mannor of great A. and the demesne lands of the said Mannor of great A. or of any part thereof for any terme or termes of yeares and do reserve thereupon payable yearly during such Lease or Leases unto the said E. and L. and unto the heires of the same E. at the two usuall Feasts or daies of payment by even portions the yearely rents now usuall to be paid or payable for the Premisses so to be demised or other yearely rents of better yearely value That then and from thence forth the Recoveries and Executions afore mentioned as concerning the Lands or Tenements in forme aforesaid to be letten shall be and the Recoverers afore mentioned and their heirs shall of and in the Premisses so to be letten as aforesaid stand and be seised from the severall beginnings of every such Lease severally to the use of those person or persons to whom such Lease or Leases thereof shall be made and severally of their Executors and Assignes during his or their said Lease or Leases so as the person or persons to whom such said Lease or Leases shall hereafter fortune to be made their Executors or Assignes shall pay to such person or persons who for the time shall have the next and immediate estate of the Freehold of the Premisses so hereafter to be demised according to the limitation of the uses aforesaid all such rents in such forme as upon their severall Lease or Leases shall be limited or appointed to be paid and so as the said severall Lessees their severall Executors Administrators and Assignes do observe and keep all such Conditions in Law as Tenants for term of yeares by the Lawes or Statutes of this Realme of right'ought to observe and keep And of and concerning the reversion and reversions and Freehold of the Premisses in forme aforesaid hereafter demised to the use and uses of such person or persons and in such manner and forme quantity and condition to every intent construction and purpose after and according to the declarations and limitations of the uses in these presents limitted as if such Lease or Leases had never been had nor made Any thing to the contrary c. In witnesse c. Consultors Manwood Wilbraham Fr. Sanders For the assurance of a Womans Joynture THis Indenture c. between T.B. of W. in the County of K. Esquire on the one part and M.L. Mercer R.M. Goldsmith and T.A.S. Citizens of L. on the other part witnesseth That the said T.B. for and in consideration of a marriage to be had and solemnized between E. D. Gent. Cosin of the said T. B. and A. L. Widow and for a Joynture to be made and assured to the said A. and for her preferment and advancement doth by these presents covenant and grant for him his Heires and Assignes to and with the said M. L. R.M. and T. A. their Heires Executors and assignes that the said T.B. his heires and assignes and all and every other person and persons their heires and assignes that now be or hereafter shall be seised of one Messuage or Tenement with the appurtenances in P
N. M. F. It is covenanted granted condescended and agreed between the said J. E. Sir J. M. c. and every of them the said parties for his and their part doth severally covenant and grant to and with other in manner and form following that is to say That he the said J. F. before the Feast of St. Andrew the Apostle next c. shall permit and suffer the said Sir J. M. J H. H. C c. an M. F. to recover against him the said J F. by Writ of Entry Sur dissesin in the post with voucher or vouchers over according to the order and of course of common Recoveries before the Kings Justices of Common Plees at Westminster the Mannors of S. and N. lying and being in the County of K. and all lands tenements and hereditaments with the appurtenances being part parcell or member of the same or any part thereof or reputed taken demised or occupyed as part parcell or members of the said Mannors or either of them and all other his Lands Tenements and Hereditaments in the said County of K by the names of the Mannors of â— and M with the appurtenances one Barne two thousand acres of Land a thousand acres of Meadow a thousand acres of Pastures a thousand acres of Fresh-marsh a thousand acres of Salt-marsh and ten pounds of quit Rent with the appurtenances in S N L M and O in the said County of K which said recovery the said J F also covenanteth promiseth and granreth to suffer to be executed by a Writ of Habere facias seisinam according to the common Lawes And it is further covenanted granted condiscended and fully agreed between the said parties And the said Sir I M I H c. for them and every of them their Heires and Executors and the Heires and Executors of every of them do covenant promise and grant to and with the said J F his Heires Executors and assignes and every of them by these presents that as well the said Sir J M Knight J H. c. and their Heires immediatly after such recovery so had made and executed shall stand and be seised of and in the said Mannors and all and singular other the premisses with the appurtenances As also the said recovery shall be to the onely uses intents and meaninings hereafter in these presents expressed and declared and to none other uses behoofs or intents meanings That is to say of and in as much of the premisses with the appurtenances as now be or late were in the severall tenures or occupations of W. G. and C S and of all such quit rents as one F. S. of R. for himself doth pay unto the said J. F. and his heirs in the County of K. The Uses c. To the onely use of M. D. widow mother of the said J. F. and her assignes for term of her naturall life And after the decease of the said M. to the use of the said I. F. for term of his life without impeachment of wast And after the decease of the said I. F. then to the use of the executors of the last Will and Testament of the said I F for term of six years immediately after his decease if it fortune the said I. F. Toward the performce of a Will to survive the said M. for and toward the performance of the last Will and Testament of the said I F And if it fortune the said J. F. to decease and die leaving the said M. then after the decease of the said M to the use of the Excutors of the said J. for and during the term of six years next after the decease of the said M for and toward the performance of the said last Will and Testament of the said J F And after the decease of the said J and M and after the end of the said six years then to the use of Dame J now wife of the said J F and late wife of Sir F. F. Knight deceased for term of the life of the said Dame J. And after the decease of the said Dame J. and also after the decease of the said M. and J F. and after the end of the said six years then to the use of the heirs males of the body of the said J. begotten upon the body of the said Dame J and the heires males of the body of the said heires males lawfuly begotten An use to certain heirs maâ—es as long as they go not about to discontinue the estate hereby limited as long as the said heirs males or any of them shall not alien discontinue suffer any recovery knowledge or levie any fine or do or suffer any to be done any other act or acts whereby the Premisses or any part thereof shall be discontinued altered or changed from the estate or interest aforesaid And if it shall happen any of the heirs males of the body of the said J F If these heires go about to discontinue the estate then this Recovery to be to the use of other persons till they do the like to be begotten upon the body of the said J. to alien discontinue suffer any recovery knowledge or levie any fine or do or suffer to be done any act or acts whereby the Premisses or any part or parcell thereof shall be discontinued altered â—or changed from the estate or interest beforementioned That then as well the said Sir J M H c. and their heirs and the survivor and survivors of them and the heirs of the survivors of them shall stand and be seised And also the said Recovery of the Premisses last before specified shall be to the onely use and behoof of B F son and heir apparent of the said I F and the heirs of his body lawfully begoten as long as the said B F shall not alien c. or do any other act or acts c. And if it shall happen the said B F. or the heirs males of the body of the said B to alien Then the Recovery to be to the use of B. F c. and so divers other remainders over every remainder being bound in form prelimited And it is further covenanted granted condiscended and agreed between the said parties to these presents And the said Sir J M J H c. and every of the said parties for them and every of them their heirs and executors and the heirs and executors of every one of them Do covenant and grant to and with the said J F his heires executors and assignes and every of them by these presents That as well the said Sir J M c. and their heires and the survivor and survivors of them and their heirs shall stand and be seised of and in all the residue of the said Mannors lands tenements and all and singular other the Premisses with the â—â—â—purtenances as also the said Recovery shall be to the only usâ— the said J F and Dame J his wife and their assignes for term of their
lives and life of the longest liver of them without impeachment of wast during the life of the said J F And after the decease of the said J and Dame J then to the use of the heires males of the said J begotten upon the body of the said Dame J and the heirs males of the body of the said heirs males lawfully begotten as long as the said heirs males of any of them shall not alien c. And so divers remainders over to divers sundry persons each remainder bound in form prelimited And it is further covenanted condiscended and agreed between the said parties to these presents That the costs and charges of the said Recovery shall be born and paid by the said J F his Executors or Administrators In witnesse c. An Indenture to knowledge severall Recoveries of land in severall Counties to sundry uses IT is now covenanted granted promised concluded and agreed by and between the said parties by these presents in manner and form following That is to say That the said Sir T C and Lady J. his wife shall before the Feast of Pentecost next ensuing the date hereof suffer the said T. F. and T. W. to pursue three of the Kings and Queens severall Writs of Entries Sur disseisin in the Post against the said Sir T. C. and Lady I. his wife before the Kings and Queens Majesties Justices of the Common Pleas at Westminster By one of which said severall Writs of Entry the said T. F. and T. W. shall demand against the said Sir T. J. all and singular the said Mannors Messuages lands tenements rents reversions and hereditaments with the appurtenances in the said County of Y. by the name of the Mannors of St. O. c. sixty Meeses thirty Cottages c. And by one other of the said Writs of Entry the said T. and T. shall demand against the said Sir T. and I. all and singular the said Mannors c. and other the Premisses in the County of the City of Y. by the name of the Mannor of S. with the appurtenances and of three Messuages c. And by the said third Writ of Entry the said T. and T. shall demand against the said c. all and singular the said Messuage and other the Premisses with their appurtenances in the said County of M by the â—e of ten Meeses c. The foresaid three severall Writs of Entry â—very of them to be returnable before the Kings and Queens Majesties And that at the day of the returne of every of the said severall Writs of Entry the said Sir T. and J. shall appear thereunto and after Declaration severally made upon every of the said severall Writs of Entry by the said T. F. and â— W the said Sir T. and Lady J. after defence by them made thereunto shall vouch to warranty the said T. L. of C. who shall then be ready personally or by his lawfull Attorney to enter into warranty and shall warrant the same And the said T. L. of C. after Declaration made by the said T F and T W against him shall vouch to warranty the common vouchee the which shall then be ready personally to enter into the warranty And shall warrant the same And that after Declaration made by the said T. F. and T. W. against the said common vouchee the same common vouchee after severall defences by him made shall traverse the Disseisin supposed by the said severall Writs of Entry and Declaration whereunto the said T. F. and T W shall imparle after which imparlance granted the said T. F and T W shal come again into the same Court And the said common vouchee shall then make default and depart in despite of the Court Whereupon the said T F and T W shall have judgement to recover seisin of the said Mannors c. against the said Sir T and J And the same Sir T C to recover over in value against the said T L of C. And the said T. L. to have judgement to recover over in value against the said common vouchee And the same common vouchee to be amercied And also it is concluded and agreed between the said parties to these preseâ—ts That the said T. L of C shall suffer the said T F and T W to pursue the Kings and Queens Writ of Right patent against the said T L to be returnable and returned before the Maior Aldermen and Sheriffs of the city of L. in the Court of the Hustings of the same city of L. according to the Laws and customes of the same city By which Writ of Right the said T F and T W shall demand against the said T L. of C. all the said Messuage lands tenements and other the Premisses with their appurtenances in the said city of L. by the name of two Messuages and two gardens with their appurtenances in the Parish of St. P. in the said city of L. And that at the day of the return of the same Writ the said T E of C. shall appear thereunto and after Declaration thereupon made the said T L after such time as he shall have made defence thereto shall vouch to warranty the common vouchee therewith shall be then and there ready to enter into warranty and shall warrant the same And after that Declaration therâ— against him made the same vouchee after defence by him made shall joyn the mise upon the meer right That is to say that the said common vouchee hath more right to hold the same two Messuages and two gardens with their appurtenances in manner and form as he holdeth the same Then the said T F and T W have to demand the same whereupon the said T F and T W shall imparle after which imparlance the said T. F. and T. W. shall come again into the said Court And the said common vouchee shall then make default and shall depart in despite of the same Court Whereupon the said T and T shall have no judgement according to the Laws and customes of the said city to recover seisin of the said two Messuages and two gardens against the said T. L. and the said T. L. to take judgement to recover over in value against the said common vouchee to be amercied And it is concluded covenanted granted and agreed by these presents betwixt all the said parties to these presents That as well all and every the said recoveries to be had pursued and executed in manner and form aforesaid As also all and every other Recovery and recoveries hereafter to be had of the same Premisses or any other parcell thereof by or against the said Sir T and Dame J. with a vouchee over of the said T L of C. aforesaid and every Fine and fines Deed and Deeds enrolled and all and every other assurance conveyance and assurances hereafter to be had made or suffered of the Premisses or any part thereof between the said parties to these present Indentures or from one of them to another or by or from
space of foure yeares and do also from time to time and at all times hereafter upon reasonable request make and deliver unto the said T. B. his executors or assignes a good just true and full account payment and satisfaction of all and singular such summes of money debts and other goods of the said T. B. as he the said T. T. shall receive or cause to be received or that shall come to the hands custody or possession of the same T. T. or any other persons by his meanes or procurement and further if the said T T. do not at any time during the said term of foure yeares imbezill purloin or unlawfully consume make or doe away or give his consent the imbeziling purloining or unlawfully consumeing making or doing away of any of the money debts goods or chartells of the said T. B. his Executors or assignes by any wayes or meanes either directly or indirectly That then c. A Condition to answer that an apprentice shal endammage his Master THe Condition c. That where R. B c. hath put himselfe an apprentice c. If the said R. B. shall at any time or times during the said term of seven years imbezill purloin or unlawfully and untruly make away consume wast or mispend any of the Goods Wares money or Merchandise of the said B. B. his Executors Administrators or assignes or any of them If then and in every such case the within bound S. B his Heires Executors Administrators or assignes or any of them doe and shall alwaies within six moneths next after notice or warning to him or them thereof given by the said B. his Executors Administrators or assignes or any of them well and truly satisfie content and pay or cause c. unto the said B. B his executors administrators or assignes the full value in lawfull english money of all and every such goods wares money and merchandise of the said B. his executors administrators and assignes and every or any of them so to be imbezilled purloined or unlawfully and untruly made away consumed wasted or mispent by the said R. B. as aforesaid That then c. A Condition that a man shall leave his wife two parts of his lands and goods if she survive him THe Condition c. That if it do fortune the above bounden T. G. to marry and take to his wife I. B. c. and if after the same marriage had and consummate it do happen him the said T. to decease and the said I him to survive If then the said T. before the time of such his decease shall aswell assure and leave to the same I. two full parts of all such goods and chattels as he now hath or hereafter shall have the same into three parts being devided As also shall assure and convey two full parts of all such Lands and Tenements as he the said T. hereafter shall purchase or procure to be purchased or conveyed to his use at any time during the life of the said I. the same in three parts to be accounted So that immediatly upon every such severall purchase two parts at the least of all Lands and Tenements to passe in every such purchase shall at the first assurance and conveyance thereof to be made be conveyed and assured to the said I. and to their Heires or to them and the heirs of their two bodies and for lack of such issue to the Heirs of the said I. for ever and not otherwise That then c. A Condition to pay a summe of money or deliver a Chain by a day THe Condition c. That if the within bound Sir H. C. Knight and W. S. or either of them or the Executors c. do well and truly pay or cause c. to the within named T. C. his certain Attorney Executors or Administrators at the now mansion house of the same T. scituate the summe of eighty four pounds ten shillings of lawfull c. on the seventeenth day of Apr. next c. Or in default thereof do at or before the seventeenth day of Apr. aforsaid well and truly deliver or cause c. to the said T.C. his Executors c. at the said now mansion house of the said T. one chain of Gold weighing thirty ounces of 22. Carrets the ounce five or better That then c. A Condition where two Executors are that each shall answer a moyety of that shall be recovered for any act done by their Testator THe Condition c. That whereas the within named H. E. and the within bound I. E. have joyntly taken upon them the execution of the Testament of T. E late of R. in the county of E. Genr. deceased If hereafter it shall happen that any sum or sums of money or other demand hereafter shall be lawfully demanded against the said Executors or either of them or their severall Executors or Administrators for any thing done made or acknowledged by the said T. E. whilest he lived If then in every such case the said I. E. his Heires Executors and Administrators upon reasonable request doe and shall beare and satisfie with the said H. his Executors and Administrators the moyety and one halfe of all such charges costs losses and damages as shall grow or happen to them or any of them by reason of any such demands as aforesaid That then c. A Condition to re-deliver a Letters Patents by one borrowed of another THe Condition c. That whereas the within named A. P. immediatly before the ensealing and delivery of the Obligation within written hath delivered and lent to the within bound R. N. one Letters Patents under the great seal of England bearing date at G. the c. containing foure skins of vellom made and granted by our said Soveraign Lord the King to the said A. P. and to one A. K. of L. Gent. of divers concealed Lands upon a warrant therefore granted by our Soveraign Lord the King unto Sir I. P. Knight As by the Letters Patents at large it doth and may appeare If the said R. N. his Executor or Administrator at or on this side the tenth c. next c. well and truly do re-deliver or cause c. the said Letters Patents to the said A. P. his Executors Administrators or Assignes at the now mansion house of the said A. scituate c. whole safe and uncancelled and in any part thereof not defaced hurt broken or impaired That then c. A condition for sealing of a generall quittance by one by a day THe Condition c. That if H. F. of L. c. at or before the Feast c. next c. do make seale and deliver to the within named E. B. at his Chamber in the Inner Temple of L. one generall acquittance to the use of E. L. of c. whereby the said H. shall release and quite claim to the said E. L. all Actions Suits Quarrells Debts Accounts Judgements Executions and Demands whatsoever That then
every such further act and acts thing and things assurance and assurances in the Law with warranty onely of the said A. the elder against him and his heires or otherwise without warranty As by the said H. and E. their Heires or Assignes or their learned Councell shall be reasonably devised or advised for the further better and more perfect assurance surety and sure making of all and singular the Premisses with their Appurtenances to be had and made sure onely to the severall uses and behoofs above mentioned In witnesse c. An Indenture of Covenants between the Fathers of a man and woman to be marryed where each covenanteth to assure them Land and money of equall quantity by a day and where each is to allow them more Land a peece at their decease THis Indenture c. Between T. W. of B. in the County of S. Clothier on the one part And M. W. of K. in the County of W. Clothier on the one part witnesseth Thet for and in consideration of marriage to be had solemnised and consumnate between R.W. Son and Heire of the said M and E. W. eldest Daughter of the said R. W. It is covenanted granted concluded and agreed between the said parties to these Presents in manner and forme following That is to say Consideration of marriage The said M. for him his heires Executors and Administrators doth covenant and grant to and with the said T. W. his Executors and Administrators by these Presents That the said R W. by Gods favour shall marry and take to his wife the said E. W. and her espouse wed according to the law of God and use of the Church of England Each of the fathers covenant that the children shall marry by a day on this side the first day of May which shall be in the year of our Lord God c. If the same E. will thereunto agree And in like manner the said T. W. for him c. doth covenant with the said M c. that the said E. W. by Gods favour shall marry and take to her Husband the said R. W. and him espouse and wed according to the Law and use aforesaid on this side and before the first day of May which shall be c. if the said R. will thereunto agree And in further Consideration of the said marriage so betwixt the said R. and E. to be had and consumate as aforesaid The said M. for himselfe his Heires Executors and Administrators doth further covenant grant and promise to with the said T. his Ex. and Adm. by these Presents in manner and forme following that is to say The husbands Father covenanteth to assure Land by a day That he the said M. on this side the first day of May above named shall and will at his own charges and expences make and execute or cause to be made and executed to the said R. and E. and to the Heires of the said R. or to some other person or persons and their heires such estate and conveyance or estates and conveyances of Lands Tenements and Hereditaments in the County of G. to the clear yearly value of twenty pounds above all reprises and whereof the said M. at the time of the making and executing of the said estates and conveyances shall be lawfully seised in his demesne as of fee simple so as by force of the same estates and conveyances of the said R. and E. immediatly from and after the time of their said enter marriage shall and may lawfully have and hold all the said Lands Tenements and Hereditaments and take the yearly profits thereof of the clear yearly value aforesaid To uses to the onely use of the same R. and E. for and during tht terme of their naturall lives and the terme of the naturall life of the longer liver of them And so as after the decease of the said R. and E. the said Lands Tenements or Hereditaments by force of the said Estates or Conveyances shall or may lawfully descend and come to the heirs of the body of the same R. lawfully to be begotten And for lack of such issue the same Lands Tenements and Hereditaments to revert to the said M. W. and to the right heires of the same M. for ever without any condition in or upon any of the said estates or conveyances to be made to the contrary in any wise And that at the time of the making and executing of the estates and conveyances aforesaid Discharge of Incumbrances the said Lands Tenements and Hereditaments shall be and from thenceforth shall contiue from time to time at all times to the said R. and E. and to the heires of the body of the same R. cleare and free discharged and acquitted or saved harmlesse from all former estates titles conveyances grants charges and encumbrances whatsoever had made or agreed unto or to be had made or agreed unto by the said M.W. which shall or in any wise may be prejudiciall to the said estates and conveyances to be made to the uses above specified or to the clear yearly value abovesaid And further that the said M.W. at the time of his decease if the said R. W. his Son or any issue of his body of the body of the said E. lawfully to be begotten shall then be living The Father to convey other Lands at his decease shall and will over and above the Premisses leave other Lands Tenements and Hereditaments whereof the said M in his life time by good conveyance in the Law shall be seised in his demesne as of fee simple which also shall be and may reasonably continue of the clear yearly value of other twenty pounds above all yearly rents and reprises and whereof the said M. in his life time shall have made and conveyed such estates and conveyances as that by due course and force of the Lawes of this Realme the said Lands Tenements and Hereditaments of the said clear yearly value of twenty pounds and clear and free from all former grants estates charges and encumbrances made done or knowledged or to be made done or knowledged by the said M. W. and M his wife or by either of them shall immediatly by and after the decease of the said M. and M. his wife lawfully and rightfully descend come and fall to the said R. and E. and to the Survivor of them and to the Heires of the body of the same R. to the onely use and behoof of the said R. and E. and of the Survivor of them for the terme of their naturall lives and the terme of the naturall life of the longer liver of them and after their deceases to the use of the heires of the body of the said R. lawfully to be begotten The Reversion of the Premisses to be to the right heires of the said M. for ever And moreover that he the said M. his Exec. or Adm. at the day of the solemnization of the said marriage between the said R.
of the naturall life of the same D. for and in the name of her Joynture as aforesaid of the clear yearly value of sixty pounds of c. beyond all charges and reâ—prises and moreover the said A. C. the elder covenanteth c. That he the said A. C. the elder on this side the Feast of All-Saints now next coming if the said marriage betwixt the said A. the younger and D. shall in the mean time be had and they both do so long live shall and will convey and assure all the said scite c. and all other the Premisses and the reversion thereof and therewith so much other Lands and Tenements then to be by good and lawfull Title in the sole seisin of the said A. the elder as of his demesne in fee as together shall amount to the cleer yearely value of a hundred pounds of lawfull c. unto the said A.C. the younger and the heires males of his body on the body of the said D. lawfully to be begotten And that as well the Scite Mannor Messuage and other the Premisses as also the said other lands and tenements so therewith to be conveyed and assurred as aforesaid from the time of the making of the said conveyance therof assurance shall be and stand to the said A. the younger and the heirs male of his body on the body of the said D. lawfully to be begotten cleer and free discharged and acquitted or otherwise by the said A. the elder and his heires sufficiently saved harmlesse of and from all former Grants Bargains Sales Estates and Incumbrances whatsoever had or made or to be had or made by the said A. the elder or his heires Leases for term of yeares made of the Premisses or any part thereof whereupon the old accustomed rents are reserved to be yearly payable to the said A. the elder and his heires onely except and foreprised In witnesse c. An Indenture for a Womans Joynture in Land without clause Nota if the Joynture had been made before marriage the Wife then could not claim Dower that if after the Husbands death she forsake her Joynture and seek her Dower at the Common Law this Joynture to be void THis Indenture c. between Sir G. S of W in the County of S. Knight on the one part and E.G. c. J.F. c. H. B. and H. G. the younger c. on the other part witnesseth That the said Sir G. S. for and in consideration of the hearty love and affection which he beareth to Dame D. Consideration of money in marriage and performance of former covenants now wife of the said Sir G. and one of the daughters of the said E.G. and also in consideration of the summe of one thousand pounds of c. paid and delivered to the said Sir G. by the said E.G. before the making and sealing of these presents for the preferment in marriage of the said Dame D. And for and in consideration of the performance and fulfilling of certain Grants Promises and Agreements heretofore had made and done between the said Sir G. on the one part and the said E. G. and H. G. on the other part doth covenant grant and agree for him Covenant by a day to grant by deed certaine Mannors c. his Heires and Executors to and with the said E.G. J. F. H. B. and H. G. their Heires Executors and administrators and every of them that he the said Sir G. before the tenth day of Aprill next coming after the date hereof shall by his sufficient Deed in writing under his hand and seale give grant and confirm to the said E. J H and H. their heires and assignes all that the Mannor of W. in the County of S. with all the rights members and appurtenances thereunto belonging and the Park adjoyning to the said house commonly called W. Park and also the Mannor of A. alias A. in the said County with all the rights members and appurtenances to the same belonging And all and singular Messuage Lands Tenements Meadowes Pastures Leasures Feedings Waters Fishing Deer Game of Conies Rents Reversions Services Escheats Waifs Straies Fines Amerciaments Heriots Wards Marriages Reliefs Leets and Profits of Courts and all other Profits Advantages Emoluments Liberties Franchises Priviledges and Jurisdictions and all other Hereditaments whatsoever within the Townes Parishes and Fields of W. A alias A. aforesaid or in either of them or elsewhere in any other place or places to the said Mannors of W. A. alias A. and to the said Park or to any of them belonging or in any wise appertaining or being accepted known reputed or taken as part parcell or member of the said Mannors Park or any of them or so being usually occupied demised or letten and all that his Capitall Messuage or Mansion house scituate and being neer C. Lane neer to the City of L. with all Rooms Buildings Gardens Easements and Commodities to the same belonging or appertaining And also all that his Messuage or Tenement called the D. and all the Houses Builddings Gardens Grounds Tenements void Rooms and Cellars with the appurtenances which the said Sir G. hath scituate lying and being at the S. in the Parish of Saint C. without the Bars of the Inner Temple of L. aforesaid and all and singular the reversion and reversions of all the said Mannors of W. and A. and of either of them with their appurt and of the said Park Messuage Lands and Tenements aforesaid with their appurtenances and of all and every the Premisses with the appurtenances To have hold and enjoy the said Mannors of W. Habendum and A. with the appurtenances and all and every the Premisses before mentioned and the reversion and reversions of the same unto the said E. J. H. and H. their Heires and Assignes for ever to the uses hereafter expressed and to no other use intent or purpose To the use c. first of the Husband then of the Wife and after of the husbands heires that is to say To the use of the said Sir G. for and during the term of his naturall life without impeachment of Wast and after his decease to the use of the said Dame D. during her naturall life and for and in the name of part of the Joynture of the said Dame D. and after her decease to the use of the right heires of the said Sir E.G. for ever Covenants for discharge of incumbrances And the said Sir G. covenanteth c. to and with the said E. and H.G. c. That all and every the said Mannors Lands Tenements Messuages and Hereditaments with their appurtenances and all and every other the Premisses covenanted and expressed to be granted and the reversion and reversions of the same and every part and parcell of the same at the time of the said Gift grant and assurance so to be made shall be and from henceforth shall continue cleerly and freely acquitted exonerated and discharged or at all