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A86941 The third part of the young clerks guide: or, a further collection of choice English presidents for indentures of settlement, of exchange, of bargains and sales, letters of attorney, declarations of trust, assignments, conditions, presentations, and sundry others of the newest forme. / Compiled by Sir R.H. and perused by a judicious practitioner, very useful and necessary for all.; Young clerks guide. Part 3 Hutton, Richard, Sir, 1561?-1639. 1659 (1659) Wing H3847; Thomason E1908_2; ESTC R209948 197,786 328

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c. all such costs charges and expences as the said E. C. his c. shall at any time hereafter be put unto for or by reason of any cause matter or thing touching or concerning the said Executorship or the said last Will and Testament of the said A. W. And the said W. A. doth further covenant To performe the Will c. That he the said W. A. his c. shall and will well and truly fulfil accomplish and perform the said last Will and Testament of the said A. W. and well and truly content and pay all and every the Legacies guifts and bequests contained and specified in the same last Will and Testament according to the Tenor Purport and true meaning of the same In witnesse c. An Indenture in Consideration of Marriage in lieu of Joynture THis Indenture made c. between M. F. of the one part and I. I. and I. F. of the other part Witnesseth that the said M. F. for and in consideration of a Marriage heretofore had and solemnized between the said M. F. and C. his now wife and for and in full satisfaction and recompence of such Joynture or Dower as she the said C. shall have or challenge out of or in or to all or any of the Messuages Lands Tenements or Hereditaments of the said M. F. in case the said C. shall survive and overlive the said M. F. And for the continuance settling and establishing of the said Messuages Lands Tenements and Hereditaments hereafter mentioned in the name blood and kindred of the said M. F. so long as it shall please Almighty God and for divers other good causes and considerations him the said M. F. hereunto moving Doth covenant c. That he the said M. F. and his heirs and all and every person and persons and their Heirs now standing or being seized or which at any time hereafter shall stand or be seized of or in all that Capital Messuage with the Appurtenances commonly called or known by the name of H. in B. aforesaid in the said County of S. in the tenure or occupation of the said M. F. or his Assinges and of and in all and singular the Lands Tenements Meadowes Pastures Feedings Commons Woods Underwoods and Hereditaments whatsoever with their and every of their Appurtenances to the said capital Messuage or Tenement belonging or appertaining or to or with the same at any time heretofore used occupied or enjoyed as part parcel or member thereof shall and will from henceforth stand and be seized thereof To stand seized and of every part and parcel thereof to the uses intents and purposes hereafter mentioned That is to say To the use and behoof of the said M. F. and C. his wife and their Assignes for and during their natural lives and the life of the longer liver of them without impeachment of or for any manner of waste The Uses and from and after the decease of the Survivor of them the said M. and C. then to the use and behoof of the Heirs of the body of the said M. F. and C. lawfully begotten and for default of such Issue then to the use and behoof of the right heires of the said M. F. for ever And the said M. F. doth further covenant c. That he the said M. F. at the time of the sealing and delivery of these presents To have power to raise uses is and standeth seized of a good perfect and indiffeazible estate in Fee-simple of and in the said Messuages Lands Tenements and Hereditaments and of and in every part and parcel thereof and that he hath lawful power and authority by these presents to raise limit and appoint the aforesaid several uses and estates and that all and singular the premisses with their and every of their Appurtenances now are and so at all times and from time to time hereafter shall be remain and continue unto the uses intents and purposes before Discharged of Incumbrances in and by these presents limitted expressed and declared free and clear and freely and clearly acquitted and discharged of and from all and all manner of former and other Bargaines Sales Gifts Grants Leases Joyntures Dowers Wills Intails c. and of and from all other Titles Troubles Charges and Intumbrances whatsoever In witnesse c. Words to be used upon the Delivery of Possession I do deliver you Possession and seizin of this house or of this parcel of Land in the name of all the rest contained in this Deed or Indenture To hold to you and your Heirs and Assignes for ever according to the Tenor form and effect of this present writing or Indenture A Conveyance of Land by three Co-heires and their Husbands well pend THis Indenture made the Twentieth day of March in the Tenth yeare of the Raign of our Soveraign Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the faith c. Between W. S. of B. in the County of B. Husbandman and I. his wife W. M. of L. R. in the parish of Princes Risborough in the said County husbandman and A. his wife and F. W. of P. R. aforesaid in the said County Husbandman and A. his wife and E. A. of the parish of P. R. aforesaid The Consideration and S. his wife on the one part and I. M. of H. aforesaid in the said County husbandman on the other part Witnesseth That the said W. S. and I. his wife W. M. and A. his wife and F. W. and A. his wife for and in Consideration of the summe of one hundred and Ninty pounds of currant money of England to them the said W. S. I. his wife W. M. and A. his wife F. W. and A. his wife E. A. and S. his wife by the said I. M. in hand paid before the insealing hereof the receipt whereof the said W. S c. do hereby acknowledge and thereof do joyntly and severally exonerate and discharge the said I. M. his Heirs Executors and Administrators and every of them for ever by these presents The Grant And for other good causes and considerations them moving have granted aliened bargained fold infeoffed and confirmed and by these presents for them and their heirs do joyntly and severally Grant Alien Bargain Sell Infeoffe and Confirm unto the said I. M. his heirs and assignes for ever All that Messuage Tenement or dwelling house with the appurtenances scituate lying and being at or near a place called W. A. in the parish of B. alias B. in the said County of B. wherein the said W. S. now dwelleth and wherein one W. W. deceased Father of them the said I. A. and A. did lately dwell and inhabit and all those five several Closes of Arable Land Meadow pasture and wood-ground belonging to or used with the said Messuage Tenement and dwelling house lying and being in the Parishes of B. aforesaid W. and H. or in some or one of them in the said
Heirs and all and every other person and persons that now is or are or that at any time hereafter shall be seized or estated of or in all and every part of that the Mannor of A. with the Rights Members and Appurtenances thereof in the said County of O. and of or in all or any Lands Tenements Meadows Pastures Feedings Commons Wayes Wasts Wast-grounds Hereditaments and Appurtenances whatsoever belonging to the said Mannor or reputed as part parcel or member thereof in A. aforesaid and whereof or wherein the said R. D. now hath any estate of Inheritance in Fee-simple shall thereof and of every part and parcel thereof immediately from and after the ensealing hereof stand and be seized thereof and of every part and parcel thereof to the several uses intents and purposes hereafter in these presents expressed limited and declared that is to say To the use and behoof of the said R. D. for the Term of his natural life without Impeachment of any manner of wast and after his death to the use of the said I. D. for the Term of his natural life without Impeachment of any manner of wast and after his decease to the use of the first Sonne of the body of the said I. D. lawfully to be begotten and of the heirs males of the body of the said first Sonne lawfully to be begotten And for default of such Issue to the use and behoof of the Second Third Fourth Fifth Sixth Seventh Eighth Ninth and Tenth Sonnes of the Body of the said I. D. lawfully to be begotten respectively as they shall be in Seniority and Age and of the Heirs Males of such Second Third Fourth Fifth Sixth Seventh Eighth Ninth and Tenth Sonnes lawfully to be begotten of his body the eldest son and his heirs being alway preferred before the younger son his heirs of his body And for default of such Issue to the use of every other the Sonnes of the said I. D. as they shall be in Seniority and Age and of the Heires Males of the Bodies of every such Sonnes lawfully to be begotten And for default of such Issue then to the use of M. D. Gentleman second Son of the said R. D. for the term of his natural life without Impeachment of any manner of wast and after his death to the use of the first Sonne pro ut Supra in the first Sonne then to the third Son in manner pro ut al. primum And for the default of such Issue then to the use of the right Heires of the said R. D. for ever and to none other use intent or purpose whatsoever with the same clause of Revocation as is mentioned in the last president In witnesse c. A Condition of a Counter Lond. THe Condition c. That whereas the above-named N. B. at the special instance and request of the above-bounden C. D. for the proper debt of the said C. D. and as his surety by obligation bearing dare with these presents standeth joyntly and severally bound together with the said C. D. unto E. F. of c. in the sum of c. with Condition thereupon endorsed for the payment of 100 pound of c. to the said E. F. or to his certain Atturney his Executors or Assigns at c. upon c. as in and by the said Obligation and Condition more at large appeareth If therefore the said C. D. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid unto the said E. F. or his assigns the said sum of c. at the day and place aforesaid and also from henceforth save and keep harmlesse the above-named A. B. his heirs c. of and from the foresaid Obligation and of and from all and all manner of Costs Charges Suits and Damages whatsoever of for and concerning the said Obligation That then c. An Assignment of several Leases of divers Messuages and Lands with several recitals and good Covenants Well pend THis Indenture made c. Between I. S. of c. and I. G. of c. on the one part and R. G. of c. on the other part Whereas I. S. of c. and G. P. of c. Executors of the last Will and Testament of M. S. gent. deceased and the said I. G. by Indenture bearing date the 26. day of S. in the c. of his said Majesties Raign that now is over England c. made between the said I. S. and G. P. and I. G. on the one part and E. S. on the other part by the name of E. S. of c. Did grant assign and set over to the said E. S. and her Assignes as well an Indenture of Demise therein recited dated the day of c. made from R. E. late of c. unto I. G. late of B. in c. and I. his wife Father and Mother of the said I. G. partie to these presents of all that Messuage or Tenement and half yard land with the appurtenances then or late in the Tenure or Occupation of one E. A. or his Assignes in S. sometimes W. W. scituate and being of H. W. and P. and every or either of them in the said County of S. and of all houses Buildings Barns Stables Orchards Gardens Back-sides and grounds with the appurtenances whatsoever to or with the said Messuage or Tenement and premisses belonging with all and every other the Lands Tenements Feedings Hereditaments and profits whatsoever to the said Messuage or Tenement belonging or reputed as parcel or member of the same or any of them except therein excepted for the Term of 3000. years from the Feast of the c. then last past at the yearly Rent of 7. shillings of c. as also all the estate title interest term of years thereby granted then to come and unexpired possession claim and demand whatsoever of the said I. S. G. P. and I. G. of and to the same and every part thereof on Condition therein contained to this effect That if the said I. G. his Executors Administrators or Assigns did well and truly pay to the said E. S. her Executors or Assignes the summe of c. of lawful English money upon the last day of M. then next ensuing That then from thenceforth the said Grant and Assignment and every thing therein contained to be utterly void and of none effect as by the said Indenture more fully appeareth Which said summe of c. was not satisfied or paid to the said E. S. neither on the day in the Condition of the said Assignment mentioned nor since by reason whereof the premisses became absolutely forfeited to the said E. S. And whereas also the said I. G. by his Indenture of Assignment dated the c. of his Majesties Raign that now is did bargain assign and set over to the said E. S. and her Assignes as well one other Indenture of Lease dated the 21. day of M. in the one and fortieth year of the said late
the County of Es with their and every of their rights revenews members and appurtenances whatsoever and of all that the Rectory and Church of H. with the appurtenances thereof whatsoever General words and of all and singular Messuages Houses Edifices Barns Stables Dove-houses Back-sides Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Wayes Passages Wast-grounds Heaths Furze Moors Marshes Woods Under-woods Rents Reversions Services Tithes as well great as small and of all other Hereditaments whatsoever scituate lying and being growing arrising renewing and encreasing within any the Towns Parishes Hamlets Tithings or Fields of S c. in the said County of E. and in every or any of them or elsewhere to the said Mannors Rectory or other the premisses or any of them belonging or in any wise appertaining or therewith used and enjoyed by such name and names and under such number of Mannors Messuages Cottages and acres and in such sort manner and form as by the said E. Lord G. and I. S. their heirs or assigns or by their or any of their Council learned in the Law shall be reasonably advised devised or required The true intent and meaning of which said Fine and Fines so to be acknowledged and levyed of the said premisses between the said parties as aforesaid shall be and so shall be construed meant intended and adjudged to be to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect tenements of the Free-hold of the said Mannors Lordships and all and singular the premisses and of every part and parcel thereof with the appurtenances untill one or more perfect common Recovery or common Recoveries may be had and executed of all and singular the same premisses To suffer a Recovery against them the said W. N. and A. T. and their heirs according to the true intent and meaning of the said parties to these presents And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and form as aforesaid shall and will before the end of the said Michaelmas term next ensuing the date of these presents permit and suffer the said E. Lord G. and I. S. to sue and prosecute several Writs of Entry Sur disseisin in le post against them the said W. N. and A. T. of the said Mannors Lordships Lands Tenements Hereditaments and premisses and of every part and parcel thereof with the appurtenances by such name and names and under such number of Mannors Messuages Cottages and acres and in such sort manner and form as by the said E. Lord G. and I. S. and their heirs or by their or any of their Councel learned in the Law shall be advised devised or required into and upon every of which said several Writs of Entry Sur disseisin in le post so to be brought the said W. N. and A. T. shall personally appear And then immediately after their appearance and defence made shall and will in the said actions vouch to Warranty the said C. Lord S. and he the said Lord S. upon such vouchee of him to be made shall and will in the said actions so to be brought forth with Gratis and without Processe appear thereunto and enter into Warranty and vouch over to warranty the Common Vouchee to the end that the Common Vouchee may also appear and enter into Warranty and afterwards make default or depart in despite of the Court so that several perfect common Recoveries with double vouchers may be had prosecuted and executed in and upon the said several Writs of Entry Sur disseisin in le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and premisses before mentioned and of every part and parcel thereof with the appurtenances And that full execution and seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the Execution of the said Recoveries stand and be seized and be adjudged deemed esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his heirs executors administrators and assignes and for every of them doth further covenant promise and grant to and with the Right Honourable E. Lord G. and I. S. their heirs and assigns and to and with every of them by these presents in manner and form following that is to say that he the said C. Lord S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and premisses and of every part and parcel thereof with the appurtenances of a good sure perfect lawful and indefeasible estate in Fee-simple or in Fee-tail to himself and the heirs of his body without any Reversion or Remainder in the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat
determine or make void the same And that he the said Lord S. hath full power good right and lawful and absolute authority in his own proper right by these presents to raise limit and appoint all and every the aforesaid several uses and estates before mentioned and that all and singular the premisses and every part and parcel thereof with their and every of their rights members and appurtenances now are and be and so from time to time and at all times for ever hereafter shall and may continue stand remain and be to all and every the several uses intents and purposes before in and by these presents limited expressed appointed and declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended and kept harmlesse of and from all and all manner of former and other gifts grants bargains sales leases estates joyntures dowers and titles of dower and of and from all rents and arrerages of rent-annuities and arrerages of Annuities Statutes-Merchant and of the Staple Recognizances Judgements Executions Extents Fines Forfeitures Issues Amerciaments Intentions Principle Seizins Liveries Wills Entails Limitations of use or uses and of and from all other titles troubles arrerages charges claims demands and incumbrances whatsoever And the said C. Lord S. for himself his Heirs Executors Administrators and Assignes and for every of them doth likewise further covenant promise and grant to and with the said E. Lord G. c. their heirs and assignes and to and with every of them by these presents that he the said Lord S. and his heirs shall and will from time to time and at all times hereafter within the space of seven yeares next ensuing the date of these presents at and upon every reasonable request and at the only proper costs and charges in the Law of the said Lord S. and his heirs further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered all and every such further and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assuring surety and sure making settling and conveying of the said Mannors c. premisses and of every part and parcel thereof with the appurtenances to continue stand remain and be to a● and every such several uses behoofs intents limitations and purposes as are thereof in and by these presents limited expressed appointed and declared be it by Fine or Fines Recovery or Recoveries with single double or more voucher or vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrolment of these presents or by any other wayes or means whatsoever as by the said E. Lord G. and I. S. their heirs and assignes or by any of them or by their or either or any of their Councel learned in the Law shall be reasonably advised devised or required And finally the said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God to be had and solemnized between him the said C. Lord S. and the said D. L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself his heirs and assignes and for every of them Covenant promise grant and agree to and with the said E. Lord G. and I. S. their Heirs and Assignes and to and with every of them by these presents that he the said C. Lord S. and his Heirs and all and every other person or persons that now be or which hereafter shall stand or be seized of any estate of inheritance of the said Mannors Lands Tenements and premisses or any part thereof shall and will stand and be seized of so much and such part and parcel of the said Lordships Mannors and premisses as either in respect of not making and naming the right Tenant of the Free-hold in the several Writs of Entry aforesaid or in respect of any other legal defect shall not be by the several and Recoveries aforesaid well and sufficiently assure and settle to the several uses before in and by these presents expressed to the several and respective uses intents and purposes hereafter in and by these presents expressed appointed and declared and to none other use intent or purpose whatsoever that is to say To the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life and from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever In witnesse whereof to one part of these present Indentures remaining with the said E. Lord G. Dame I. his wife D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed and set their several hands and seals and to one other part of these present Indentures remaining with the said W. N. and A. T. the said C. Lord S. E. L. G. dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals and to one other part of these present Indentures remaining with the said C. L. S. the said W. N. A. T. E. L. G. dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals the day and year first above written Anno Dom. A Condition to save harmlesse where one Attorns Tenant with a Covenant to grant a Lease when the premisses are settled in the Obligee THe Condition of this Obligation is such That whereas the with in named I. S. hath attorned Tenant and doth and is contented to pay his rent being eleven pounds ten shillings per annum unto the within bound T. S. his heirs or assignes for the Messuage or Tenement with the appurtenances wherein the said I. S. now dwelleth scituate near W. London If therefore the said T. S. his Heirs Executors Administrators or Assigns do from time to time and at all times hereafter clearly acquit discharge or sufficiently save harmlesse and indemnified the said I. S. his executors administrators and assigns goods and chattels as well against one R. N. of the Parish of Saint G. in the Fields in the County of M. gent. and K. his wife and against the heirs and assignes of the same K. as also against all and every other person and persons whatsoever of for from touching and concerning all such and so much rent as he the said
and all the estate and term for years therein and thereby demised and granted or mentioned to be demised and granted And also doth hereby fully and absolutely release the said Condition and all and every the Condition and Conditions whatsoever in the said recited Indenture of Lease contained And also the said R. F. for the Consideration aforesaid doth hereby grant demise confirm and assure unto the said T. F. his Executors Administrators and Assigns the foresaid Messuages or Tenement Cottage Closes Lands and all other the premisses for all the foresaid term and number of 500. years by the said recited Indenture of Lease demised or thereby mentioned to be demised and doth also hereby grant and release unto the said T. F. his Executors and Assigns the foresaid yearly rent of 1. l by the said recited Indenture reserved and all the arrerages thereof To have and to hold all the said Messuage or Tenement Cottages Closes Lands and all other the premisses with their and every of their appurtenances in the said recited Indenture mentioned and the said yearly rent unto the said T. F. his Executors Administrators and Assigns for and during all the rest and residue of the said term and number of 500. years in the said recited Indenture of Lease mentioned and now to come and unexpired freely and absolutely without any Proviso or Condition whatsoever Cum Covenantis proprecata fruitione et ab Incumbram et ulterior Assurand In witnesse whereof c. An Indenture upon Marriage and for settling Lands to uses and a Declaration of a Fine levyed to those uses THis Indenture made c. Between I. S. Esq second sonne of the Right Honourable H. E. of W. on the one part and A. Lady D. of c. and Sir T. W. of c. on the other part Whereas the said E. and A. his Wife in the County of W. are now seized for term of their lives Recital of being seized and of the life of the longer liver of them of and in all that the Mannor of C. and the lands tenements and hereditaments called C. P. and of the Burrough of C. and of the advowson and free gift of the Parsonage of the Church of C. with all and singular the rights members and appurtenances thereof in the C. of D. and of diverse Messuages Lands Tenements Rents Woods Wood-grounds and Hereditaments to the said Mannor and premises belonging or appertaining without Impeachment of waste the Reversion or Remainder thereof to the said I. S. and the Heirs of the body of the said I. S. lawfully to be begotten And for want of such issue the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heires of the said C. for ever Recital of the Marriage And whereas there is a Marriage by Gods grace intended shortly to be had and solemnized between E. Lord H. sonne and heir apparent of the said E. and C. and E. D. sole daughter of the said A. Lady D. they the said E. and C. and the said I. S. for settling of the inheritance of the said M. and premises to the uses hereafter expressed and declared have this present time of the holy Trinity in the year abovesaid acknowledged and levied one Fine in due forme of Law before his Highnesse Justices of his Court of Common Pleas at Westminster Recital of the Fine unto the said A. Lady D. and Sir T. W. and to the Heirs of the said A. Lady D. amongst other Mannors Lands Tenements and Hereditaments in the said Fine contained of and for all that the said Mannor of C. with the appurtenances And of all Lands Tenements Meadows Pastures Feedings Commons Woods Wood-grounds Wasts Moors Heaths Liberties Franchises Jurisdictions Advowsons Presentations Emoluments and Hereditaments whatsoever to the said Mannor and premisses or any part or parcel thereof belonging or appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof or any part thereof And whereas the said E. and C. by Indenture tripartite under their hands and Seals dated with these presents have expressed and declared that the said Fine so levied of and for the said Mannor of C. and premisses herein contained should be and enure to the use and behoof of them the said E. and C. for and during the term of their two lives and the life of the longer liver of them without Impeachment of or for any manner of wast and from and after their decease and of the Survivor of them the Remainder thereof to the use of the said E. Lord H. during the term of his natural life and from and after his decease the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the Remainder thereof to the right Heires of the said C. as by the said Fine and recited Indenture purporting and declaring the use aforesaid it doth and may appear Now this Indenture witnesseth and it is hereby covenanted Intention of Parties concluded declared and agreed by and between all the parties to these presents and the true intent and meaning of the said I. S. and of all the parties to these presents and to the said Fine at the time of levying thereof for and concerning the said Mannor of C. with the rights members and appurtenances thereof was and now is that the same Fine should be and enure and hereby and by all the parties to these presents is declared and expressed to be and enure and the Cognizees of the said Fine and their heires shall stand and be seized of the said Mannor of C. with the rights members and appurtenances thereof The uses To the uses intents and purposes hereafter expressed limited and declared that is to say To the use and behoof of them the said E. and C. for and during their two lives and the life of the longer liver of them without Impeachment of any manner of waste And from and after their decease and of the Survivor of them the Remainder thereof to the use of the said E. Lord H. Son and Heire Apparent of the said E. for and during the term of his natural life And from and after his decease the Remainder thereof to the heires males of the body of the said E. Lord. H. to be begotten on the said E. D. his intended Wife and in default of such heirs male then to the use of the heires of the body of the said E. Lord H. to be begotten on the body of the said E. D. the Remainder thereof to the right heires of the said C. and to none other use intent or purpose Provided alwayes Proviso to make Leases and the true intent and meaning of all the parties to these presents is and was at the time of levying the said Fine That it
part and H. H. of M. T. L. gent. of the other part as followeth IMprimis whereas the above-named P. C. now standeth lawfully seized in his demesne as of fee according to the custome of the Mannour of B. aforesaid after the decease of T. C. Widow of and in one copy-hold or customary messuage together with a garden back-side out-house and other appurtenances thereunto belonging scituate in the upper street in B. aforesaid and parcel of the aforesaid Mannour And whereas the said P. C. is now possessed of the aforesaid Messuage and premisses with the appurtenances by demise from the said T. C. for a certain term ending at the Feast of Saint Michael the Archangel next ensuing the date above written The said P. C. doth for himself his Heirs Executors and Assigns covenant grant and agree to and with the said H. H. his Executors and Assigns by these presents that he the said P. C. on this side and before the first day of Easter term next ensuing shall at the costs and charges of the said H. H. convey assign and set over unto the said H. H. and his Assigns all the present estate title and interest of the said P. of in and to the said Messuage and Premisses and every part and parcel thereof with the appurtenances and shall and will put the said H. H. or his Assigns in peaceable possession thereof and that the same shall be then in as good plight and repair as now they be Item the said P. C. for and in consideration of the summe of ten pounds of lawful money of England by the said H. H. unto the said P. C. well and truly payed whereof the said P. doth acquit and discharge the said H. by these presents as also for and in consideration of the summe of one hundred pounds of like money to be paid by the said H. to the said P. as hereafter in these presents is limited doth for himself his Heirs Executors and Assigns and every of them covenant grant and agree to and with the said H. H. his Executors and Assigns by these presents that he the said P. C. and S. his wife shall and will before and on this side the said first day of Easter term next ensuing by usual names surrender according to the custome of the said Mannour into the hands of the Lord of the said Mannour the aforesaid Messuage and Premisses with the Appurtenances and all their estate possession reversion remainder right title and interest therein to the use and behoof of the said H. H. his Heirs and Assigns for ever and that he the said P. hath now good right and title to the said Messuage and Premisses with the Appurtenances and a good estate therein in fee-simple according to the custome of the said Mannour after the decease of the said T. C. and shall make and give unto the said H.H. such assurance and security for the quiet enjoying of the Premisses as the said P. hath had made or given unto him by W. W. of whom the said P. lately purchased the same and shall and will assign over to the said H. by such ways or means as by him or his Councel learned in the Law shall be reasonably devised advised and required all bonds and other callateral security which the said P. now hath for the safe and free enjoying of the Premisses or any part thereof Item the said H. H. doth for himself his Heirs Executors and Assigns covenant promise and grant to and with the said P. C. his Executors Administrators and Assigns and every of them by these presents that he the said H. H. or his Assigns shall and will upon the aforesaid surrender made by the said P. and S. his wife and the peaceable possession delivered of the Premisses in such good plight and repair as they now be according to the true intent and meaning of these presents pay content and satisfie unto the said P. C. or his Assigns the whole and just summe of one hundred pounds of lawful money of England Item it is agreed between the said parties to these presents that the said H. H. shall buy of the said P. C. such movables as now be in the said Messuage and Premisses or that he shall be pleased to leave there at such rates as two men to be by the said P. and H. indifferently chosen shall appraise the same and that the said H. H. shall pay unto the said T. C. all Rents that shall grow due unto her for the Premisses from the day of the date of these presencs in witnesse whereof the parties above named to these presents have interchangeably set their hands and seals the day and year first above written An Indenture of Covenants to stand seized to uses in consideration of marriage c. THis Indenture made the _____ day of January in the year of the Raign of our Soveraign Lord Charles by the graec of God of England Scotland France and Ireland King Defender of the faith c. the second between I. F. of D. in the County of D. Gent. of the one part and N. G. of W. K. in the said County Yeoman I. S. of S. in the said County Yeoman and W. B. of S. aforesaid Yeoman of the other part witnesseth that for and in consideration that the said I. F. hath married A. the daughter of the said N. G. and by her issue hath one son and to the intent to provide and establish some certainty of living and livelihood to be had and enjoyed by or unto the said A. after his decease and for the establishment of some part and portion of those inheritances as is descended unto him the said I. F. from his Ancestours unto his said son I. begotten on the body of the said A. and unto such other issues as it shall please God to send him of the body of the said A. for the natural affection and fatherly love he beareth unto the said I. and other issues he may happen to have on the body of the said A. and to the intent that she the said A. may be the better able to bring up educate and help the said I. his sonne and such other childe or children as he shall happen to have by the said A. when it shall please God to call the said I. F. out of this mortal life if it shall chance that she shall over-live the said I. F. doth by these presents covenant grant and agree to and with the said N. G. I. S. and W. B. and to and with every of them that he the said I. F. his Heirs and Assigns and every of them shall and will from henceforth stand and be seized of and in one Messuage or Tenement and Cottage with all and singular the Appurtenances set lying and being in S. in the Parish of B. R. now in the tenure of I. L. under the yearly Rent of ten shillings one other Cottage parcel of the said Tenement now in the tenure of one W. D.
under the yearly rent of five shillings and of and in one other Messuage or Cottage parcel also of the said Tenement now in the tenure of one C. B. and the yearly Rent of foure shillings and of and in all those several Messuages or Cottages adjoyning to the Farm of D. that is to say one Cottage and Mault-Mill garden and an acre and half of pasture now in the tenure of A. F. Widow under the yearly Rent of foure shillings and of and in one other Messuage or Cottage and Orchard and an acre and half of pasture now in the tenure of one I. D. under the yearly Rent of five shillings foure pence and of and in that other Messuage or Cottage and garden thereunto now in the tenure of B. B. Widow under the yearly Rent of foure shillings and of and in all that other Cottage called T. now in the tenure of _____ A. under the yearly Rent of foure shillings and of all that other Messuage or Cottage now in the occupation of R. W. under the yearly Rent of foure shillings and of and in all and singular the Reversions and Reversion Remainders and Remainder Rent and Rents of in to or out of all the Lands Tenements Messuages and Hereditaments aforesaid or any of them and of and in any other his profits commodities and advantages whatsoever to the said Lands Tenements and Hereditaments or any of them belonging or in any wise appertaining or had used or occupied in or upon the same to the onely proper use and behoof of the said I. F. for and during his natural life without impeachment of any manner of wast and from and after his decease to the only use and behoof of the said A. during her natural life and from and after her decease to the only proper use and behoof of the said I. son of the said I. F. the father for and during his natural life and after his decease to the use and behoof of the said I. F. and the Heirs of the body of the said A. by the said I. F. lawfully begotten or to be begotten and for default of such issue to the use of the right Heirs of the said I. F. the father for ever and it is covenanted granted and fully agreed by these presents by and between the said parties to these presents and every of them their and every of their Heirs and Assigns that all and every grant feoffment fine recovery and other conveyance assurance assurances and conveyances whatsoever to be had made or executed by the said I. F. his Heirs and Assigns or any of them within the space of five years next ensuing of or concerning the said Lands Tenements and other the Premisses aforesaid or of or concerning any part or parcel thereof at all times hereafter shall be adjudged deemed and taken to be only to the intents uses and purposes in these presents mentioned and expressed and to no other uses intents or purposes provided alwayes and it is agreed between the said parties to these presents that it shall and may be lawful to and for the said N. G. I. S. and W. B. or the survivours of them whereof the said I. F. to be one at all and every time and times and from time to time during the life of the said I. F. at the will and pleasure of such of them foure three or two of them which then shall be living whereof the said I. F. to be one by their Deed or Writing indented of all them which then shall be living be it foure three or two of them so that the said I. F. be one of them or such of them as shall be parties to the same sealed and subscribed to alter determine diminish change or enlarge any or all the aforesaid use and uses before declared of the Premisses or any part thereof the use and estate before limited declared or appointed to the said A. wife of the said I. F. for the term of her life only excepted and by the same or any other such Writing indented sealed and subscribed as is aforesaid to limit and appoint give or grant the use or uses of the Prem●sses or any part thereof to the said persons or any of them or to any other person or persons in fee-simple fee-tail for life lives or years or otherwise and that after such alteration determination enlarging limitation or appointing of any the use or uses aforesaid or of any parcel thereof the use only of such and so much of the Premisses whereof any such alteration determination or enlarging of any use or uses aforesaid shall be as is aforesaid had or made shall be and shall be deemed and adjudged to be to such and those person and persons and to such and those use and uses and in such and the same manner and form as by such Writing subscribed and sealed as is aforesaid shall be declared only and to any other or others person and persons use or uses or in any other manner or form any thing in these presents contained to the contrary notwithstanding alwayes saving and preserving the said use and estate before limited and declared to the said A. for the terme of her natural life as is aforesaid c. An assignment of a Bond by way of collateral security KNow all men by these presents that whereas T. M. of the Parish of Cl●ndon in the C. of Wilt. Gent. and W. M. of the Parish of Cheredon in the said C. of Wilts Gent. by their obligation dated the c. stand joyntly and severally bounden unto me H. T. Citizen and Salter of London in the penal sum of one hundred pounds of good and lawful money of England with condition thereupon endorsed for payment of fifty and two pounds of like good and lawful money on the c. next ensuing the date of the said obligation as by the same it doth and may appear Now I the said H. T. for the better security of the like debt for which I have given bond and for other good causes and considerations me hereunto moving do by these presents make constitute ordain and in my stead and place put and authorize D. M. of the Inner Temple London Gent. my true and lawful Deputy and Atturney irrevocable for me and in my name but to the sole use and behoof of my said Attorney his Executors Administrators and Assignes to ask demand receive and take of them the said T. M. and W. M. or either of them their or either of their Executors Administrators or Assignes the said summe of fifty and two pounds and for non-payment thereof giving and by these presents granting unto the said D. M. by the tennor hereof my full whole and absolute power and authority in the execution of the premisses the said T. M. and W. M. or either of them their or either of their heires executors or administrators in my name or the name of my executors or administrators to arrest sue implead imprison and condemne