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A28154 Arcana clericalia, or, The mysteries of clarkship being a sure way of setling estates by [brace] deeds, fines, and recoveries : with the forms of all manner of charter-parties in maritime cities, towns and corporations : with a table of all the principle matters therein contained / by George Billinghurst ... Billinghurst, George. 1674 (1674) Wing B2905; ESTC R210634 376,892 576

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one other of the said Writs the said E. F. shall demand against the said C. D. one Messuage or Tenement with the Appurtenances lying and being in C. in the County of S. and by the third Writ of entry the said E. F. shall demand against the said C. D. All that Capital Messuage c. scituate lying and being in B. in the County of H. By which three several Writs the said Mannor and several Messuages and Lands aforesaid in them respectively to be contained shall be demanded as aforesaid by such name and names quantities qualities and numbers of Acres as by the said E. F. or his Council Learned in the Law shall be thought fit Unto which said several Writs the said C. D. shall appear gratis and after such appearance and defence by him made thereto shall vouch to warranty the said A. B. who shall likewise appear gratis and vouch over to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and after imparle and make default whereupon the said E F. shall have Judgment to Recover the said several Mannor Messuages Lands and Tenements before mentioned against the said C. D. and that the said C. D. shall recover over in value against the said A. B. and that the said A. B. shall have Judgment to recover over in value against the common Vouchee And it is likewise An other Writ for London by Writ of Right Patent concluded and fully agreed by and between the said Parties to these presents that the said C. D. shall likewise suffer the said E. F. to pursue the Kings Majesties Writ of Right Patent against the said C. D. to be returnable and returned before the Major and Sheriffs of the City of London in the Court of the Hustings of the said City by which Writ of Right the said E. F. shall demand against the said C. D All those several Messuages lying and being in c. within the said City by the name of three Messuages and two Gardens with the Appurtenances of them and every of them in the Parish of St. H. within the said City And that at the day of the return of the said Writ the said C. D. shall appear thereunto and after defence made shall vouch to warrant the said A. B. who shall likewise appear and enter into the warranty and shall vouch to waranty the common Vouchee who shall likewise appear imparse and make default and depart in despight whereby the said E. F. shall have Judgment according to the Laws and Customs of the said City to recover the said three Messuages and two Gardens against the said C. D. and for the said C. D. t● recover in value against the said A. B. and for the said A. B. to recover in value against the said common Vouchee 16. This Indenture c. Between A. B. of To suffer a Recovery with single Voucher the one part and C. D. of the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said Parties to these presents that the said C. D. shall before the Feast of c. purchase and sue forth against him the said A. B. at the proper cost and charges of the said C. D. one original Writ of entry sur disseisin en le post returnable before his Majesties Justices of the Court of Common Pleas at Westminster and shall thereby demand against the said A. B. all that the Messuage Lands c. by such name or names quantities and numbers of Acres as the said C. D. or his Council shall advise or require Unto which said Writ to be purchased the said A. B. shall appear gratis and shall vouch to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and Imparle and make default that thereupon Judgment may be given that the said C. D. shall recover the said Messuage Lands and Premisses with the Appurtenances against the said A. B. and that the said A. B. shall recover in value against the common Vouchee so that a perfect Recovery may be thereupon had And that the said Parties to these presents and the said common Vouchee shall at the cost and charges in the Law of the said C. D. make do suffer and execute all and every matter and thing matters and things whatsoever meet necessary and expedient for the prosecution of the said Recovery according to the Course of Common Recoveries with single Voucher c. 17. This Indenture c. Between A. B. on An other with single Voucher more brief the one part and C. D. of the other part Witnesseth that it is covenanted concluded and agreed by and between the said Parties o these presents for them and their Heirs that before the end of the Term of the Holy Trinity next ensuing the Date hereof there shall be at the only cost and charges of the said C. D. one Recovery with single Voucher in the nature of common Recoveries for Lands Tenements and Hereditaments in such Cases used and accustomed had and executed in his Majesties Court of Common Pleas usually holden at Westminster of all that Mannor c. against the said A. B. Tenent of the said Mannor and Premises with the Appurtenances who therein shall vouch to warranty the common Vouchee who thereupon shall appear gratis and enter into the warranty and afterwards make default to the end that one perfect Recovery shall and may be of the said Mannor Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries for assurance of Lands Tenements and Hereditaments in such Cases used and accustomed c. 14. This Indenture c. Between A. B. and An other with single Voucher by a man and his Wife E. his wife of the one part and C. D. of the other part Witnesseth that the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators covenant and grant to and with the said C. D. his Heirs and assigns by these presents That he the said A. B. and E. his wife shall and will permit and suffer the said C. D. to prosecute one Writ of entry sur disseisin en le post against them the said A. B. and E. his wife of and for all that Mannor c. with their and every of their Appurtenances by such name or names quantities and numbers of cr●s and in such sort manner and form as by the said C. D. or his Council learned in the Law shall be reasonably devised advised or required The which said Writ of entry so as aforesaid or in any other manner to be brought shall be returnable in such Court or Courts and before such Judges or Justices as the said C. D. or his Council learned in the Law shall advise or direct bef●re the end of Michaelmas Term now next coming after the Date of these presents
and doth by these presents covenant grant conclude and agree to and with the said C. D. his Heirs and Assigns that the said A. B. or her Assigns shall not at any time hereafter sue for challenge or demand by Writ of Dower or otherwise any Dower or Title of Dower out of the said Messuage and Lands or any part thereof But that the said C. D. shall and may lawfully and quietly enjoy the said Messuage and Premisses without the let or interruption of the said A. B. or any Person or Persons whatsoever lawfully claiming by from or under the said A. B. And the said A. B. for the consideration aforesaid Hath remised released and for ever quite claimed and by these presents doth remise release and for ever quite claim unto the said C. D. his Heirs or Assigns all and all manner of Dower and Right and Title of Dower whatsoever which she the said A. B. now hath may might should or of right ought to have of in and to the said Messuage and Lands and of in or to any part or parcel thereof So that neither she the said A. B. nor any other for her or in her name any manner of Dower or Writ or Action of Dower or any manner of Right or Title of Dower of or in the said Messuage or Lands or any part or parcel thereof at any time hereafter shall or may have or claim or prosecute against the said C. D. his Heirs or Assigns or any of them but of and from the same shall be utterly barred and for ever excluded by these presents In Witness c. 29. And the said A. B. and C. D. severally The form of covenanting joyntly and everally and not joyntly nor one of them for the other and for their several and respective Heirs Executors and Administrators and for every of them respectively do covenant c. Or thus And the said A. B. and C. D. for themselves severally and respectively that is to say each of them for himself and for his several Heirs Executors and Administrators and for so much as concerneth or may concern his own Act or Acts only and not one of them for the other nor for the Act or Acts of the other or of the Heirs Executors or Administrators of the other doth severally and not joyntly covenant c. Or thus And the said A. B. and C. D. severally and respectively each one for himself only and for his respective Heirs Executors Administrators and Assigns and not joyntly nor one of them for the other nor for the Act or Acts Deed or Deeds Matter or Thing of the other doth covenant c. Or thus And the said A. B. C. D. and E. F. for themselves severally and not joyntly nor one of them for the other and for their and every of their several and respective Heirs Executors and Administrators doth covenant c. 30. An● the said A. B for himself his Heirs Executors and Administrators and for the said Another per Baron feme E. B. his Wife doth covenant c. Or let him covenant singly that he and his wife or that his wife only shall do such an Act. And if two men and their wives covenant severally then it may be thus And the said A. B. himself and for the said E. B. his wife and the said C. D. for himself and for the said E. D. his wife do respectively and severally and for their several and respective Heirs Executors and Administrators and not one of them for the other nor for the wife of the other nor for the Heirs Executors or Administrators of the other do covenant grant c. Or thus And the said A. B. and C. D. for themselves and for their said wives respectively their Heirs Executors and Administrators do severally and respectively covenant c. to and with the said E. B. and G. his wife and every of them their and every of their Heirs Executors and Administrators by these presents c. CHAP. IV. Containing the Forms of Provisoes to avoid Estates in Fee 1. PRov●ded nevertheless and upon condition That Proviso to make void an ●state upon non payment part of purchase Money it the said C. D. the Purchaser his Heirs Executors or Administrators shall not and do not well and truly satisfie and pay or cause to be well and truly satisfied and payed unto the said A. B. his Executors Administrators or Assigns or some or one of them the said Sum of 387 l. of good and lawful Money of England being the remainder and residue of the said Sum of 2187 l. before specified at or in the Church Porch of the said Parish of c. upon the several Dayes of payment hereafter mentioned and in manner and form following viz. The Sum of 200 l. of good and lawful Money of England in or upon the Tenth Day of December next ensuing the Day of the Date of these presents and the Sum of 100 l. of like Moneys in or upon the Tenth Day of June which shall be in the Year of our Lord God c. and the further Sum of 87 l. in or upon the c. next ensuing being the residue of the said Sum of 387 l. That then and from thenceforth this present Deed of Bargain and Sale and every Matter and Thing therein contained shall be void and of n●ne effect And that then and from thenceforth it shall and may be lawful to and for the said A. B. his Heirs or Assigns into the said Premises with the Appurtenances wholly to reenter and the same to have repossesse and enjoy as in his or their former Estate any thing in these presents contained to the contrary thereof in any wise notwithstanding 2. Provided always and upon condition That Proviso to make void an estate upon discharge of a Suerty if the said A. B. his Executors or Administrators shall and do well and truly content satisfie and pay or cause to be contented satisfied and payed all and every such Sum and Sums of Money which the said C. D. as suerty and together with and for the said A. B. is and standeth bounden to pay unto any Person or Persons whatsoever either by Obligation Bills Specialty Promise or otherwise howsoever according to the purpose and true meaning of such Specialties or Engagements And shall and do at all times hereafter well and sufficiently discharge and save and keep harmless and indempnified the said C. D. his Executors and Administrators and his and their Bodies Goods Chattels Lands and Tenements and every of them of and from the said Suertiship that then and from thenceforth this present Deed and every matter and thing therein contained shall be void and of none effect And that then and from thenceforth it shall and may be lawful to and for the said A. B. his Heirs o● Assigns into the said Premises with the Appurtenances wholly to reenter and the same to have again reposs●sse a●d enjoy as in his or
their former Estate Any thing herein before contained to the contrary thereof in any wise notwithstanding 3. This Inden●ure c. Between A. B. of the one An other to secure from suertiship part and C. D. of the other part Whereas the said C. D. at the request and for the only and proper Debt of the said A. B. is and standeth bound together with and for the said A. B. in and by several Bonds and other Writings obligatory in a Schedule hereunto annexed particularly mentioned for several Sums of Money to several Persons in the said Schedule likewise mentioned Now witnesseth these pres●nts That the said A. B. for the better security of and saving harmless and indempnified the said C. D. his Heirs Executors and Administrators and his and their Lands Goods and Chattels of and from the said several Engagements and for their good Causes and Consideration● hath c. let there be a Feoffment Bargaine and Sale c. Provided always and upon condition That if the Proviso said A. B. his Heirs Executors or Administrators shall and do well and truly satisfie and pay or cause to be well and ttuly satisfied and payed all and every the said Sum and Sums of Money for the payment whereof he the said C. D. is and standeth bounden with and for the said A. B. as aforesaid in the said Schedule mentioned according to the several eff●cts and purports of the said Writings obligatory and deliver or cause to be delivered up unto the said C. D. hi● Executors or Administrators all and every the seve●al Bonds and Writings obligatory to be cancelled or else sufficient Releases and Discharges touching or concerning the same and that within one Month after the several and respective Sums of Money therein mentioned shall severally and respectively become due and payable That then and from thenceforth c. as in the former precedent Sect. 2. 4. Provided always and it is the true intent Proviso to make void a Rent charge granted in Fee upon payment of money and meaning of the said parties to these presents That in case the said A. B. his Hei●s or Assigns or any of them shall be minded or determined to purchase out redeem or discharge his said Lands and Tenements of and from the said Rent charge and shall by the space of six Months before any Feast of St. Michael the Archangel give knowledg and notice of such his mind and determination unto the Person or Persons of the said C. D. his Heirs or Assigns or any of them or shall by the said space openly leave to or for the said C. D. his Heirs or Assigns at the now dwelling House of the said C. D. any Writing or Note signifying such his determination and purpose And also shall and do at the Feast of the Annunciation next following after such Notice given or left as aforesaid pay or cause to be paid unto the said C. D. his Heirs or Assigns the full Sum of c. of lawful Moneys of England together with all the Arerages of the said Annuity or Rent-charge if any shall be that shall be behind or unpaid on the said Feast of Annunciation at one entire payment that then and immediately from and after the payment of the said Sum of c. and Arrerages aforesaid if any shall be the said Annuity or Annual Rent-charge of c. by the year and these presents and every Covenant Article and thi●g therein contained shall cease determine and be utterly void Any thing in these presents contained to the contrary thereof in any wise notwithstanding 5. Provided always And it is covenanted concluded a part upon money paid Another to abate in and agreed by and between the said Parties to these presents That if the said A. B. his Heirs Executors Administrators or Assigns upon six Months warning thereof in writing under his or their hands before hand to be given by the said A. B. his Heirs Executors Administrators or Assigns unto the said C. D his Heirs Executors Administrators or Assigns shall and will at or upon any first Day of May or Feast of All Satnts at or in the place aforesaid pay or cause to be payed unto the said C. D. his Heirs Executors Administrators or Assigns the Sum of 100 l. of lawful Moneys of England over and besides the said Rent-charge or Annual Sum of c. and the Arrears thereof if any then shall be That then and from thenceforth from and after the said payment or payments so made as aforesaid of every of the said Sum or Sums of 100 l. with Arrears of the said Rent if any shall be to be Endorsed upon both parts of these I●dentures and subscribed by the said C. D. his Heirs Executors or Administrators for every Hundred Pounds that shall be paid as aforesaid over and besides the said Arrears if any shall be the full and entire Sum of 100 l of the said 500 l. yearly Rent ●r Annunity hereby granted as aforesaid shall cease and be determined Any thing herein before contained to the contrary hereof in any wise notwithstanding CHAP. V. vid. chap. 7 the forms of limitations of uses Containing the Several Ways and Forms of Introducing Uses upon Fines Recoveries and other Conveyances 1. TH●s Indenture c. Between A. B. and Upon a Fine to be levied E. his wife on the one part and C. D. and E. F. on the other part Witnesseth That for the Conveying Assuring and sure making of all and singuler the Messuages Lands Tenements and Hereditaments hereafter in these presents mentioned to the uses in●ents and purposes hereafter in and by these presents expressed limitted and declared It is agreed and concluded by and between the said parties to these presents And the said A. B. for himself his Heirs Execut●rs and Administrators doth covenant grant and ●gree to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his wife shall and will at the proper costs and charges of the said A. B. before the Feast of c. next ensuing the Date hereof in due forme of Law acknowledg and levy before the Justices of his Majesties Court of Common Pleas at Westminster one Fine Sur cognizance de droit come ceo c. with Proclamations unto the said C. D. and E. F. of all the Messuage or Tenement c. and here set down particularly the Messuages and Lands to pass by certain Name or Names and quantities of Acres in the said Fine to be contained And that the said Fine so to be had and levied as aforesaid Several forms to begin the limitation of uses or in what manner or forme soever the same shall be had shall be and inure and the said C. D. and E. F. shall by force thereof stand and be seized of the said Messuage and Lands and all other the Premises with the Appurtenances to the
part or parcel thereof in or by his or their or any of their Deed or Deeds Indented by him or them to be seal'd subscribed and duly executed in the presence of two or more lawful and credible Witnesses at the least or by his their or any of their last Will and Testament in writing by him or them to be seal'd and subscribed and pronounced or affirmed to be his or their last Will or Wills in the presence of two or more credible Witnesses to appoint limit give or devise any part of such and so much of the said Mannors Messuages Lands Tenements Hereditaments and Premisses with the Appurtenances as he or they shall then so stand and be seised of as is To settle a Joynture not exceeding 200 l. per ann aforesaid not exceeding in ancient yearly value or Rent the sum of two hundred pounds by the year to or for any Woman or Women which they or any of them shall at any Time or Times hereafter lawfully espouse marry or take to his their or any of their Wife or Wives for her or their Ioynture or in satisfaction of Dower during the natural life or lives onely of such Woman or Women so as the said Gift Devise Limitation or Appointment for Ioynture or Ioyntures be not made without impeachment of Wast by any special Covenant clause or matter for that purpose to be contained in any such Deed or Deeds or last Will. And it is further gra●ted condescended and fully agreed unto by and between The Cognizees c. to stand seized to the use of Lessees c. all and every the Parties to these presents for them and their Heirs that the several Fines and Recoveries before in and by these presents Covenanted mentioned meant intended or specified to be had made acknowledged ●●vyed or suffered of the Premisses and of every or any part or parcel thereof shall be judged construed deemed and taken to be And also that they the said C. D. E. F. c. and their Heirs and the Survivor and Survivors of them his and their and every of their Heirs shall stand and be seized Of for and concerning such and so much of the said Mannors Lands Tenements and other the Premisses as shall be so Demised Letten or Devised for any Term of years as aforesaid and according to the true intent and meaning of these presents To the use and behoof of all such and so many of the Person or Persons and of their Executors Administrators and Assigns to whom such Demise or Demises Lease or Leases Devise or Devises for any such term or terms of years shall be made according to the intent and true meaning of every such Demise Lease or Devise so thereof to be made and in such sort as shall be limited expressed or intended in or by such Demise Lease or Devise To have hold and enjoy the things to him or them so to be Demised Leased or Devised for and during only such and so long time or term or terms for the which such Demise or Demises Lease or Leases Devise or Devises shall be so made as aforesaid so as every such Person or Persons to whom such Demise or Demises Lease or Leases Devise or Devises shall be made as aforesaid and his and their Executors Administrators and Assigns having sufficient notice and knowledge to whom the same by the true intent and meaning of these presents shall So as they pay their Rents of right belong and appertain shall well and truly pay or cause to be paid to such Person or Persons for the time being to whom the next and immediate Reversion or Remainder of the thing or things to him or them so to be Demised Letten or Devis●d shall during such term or terms appertain the yearly Rent or Rents in or by such Demise Lease or Devise to be reserved or mentioned to be reserved at the day or days and according to the clause of Reservation therein to be contained limited and appointed or within one and twenty days at the furthest next after lawful demand made of and for the said Rent or Rents at the time or times when the same shall be due and payable according to the purport and true meaning of such Demise or Demises Lease or Leases Devise or Devises And that of for Cognizees to stand seized to the use of Wife or Wives c. and concerning such of the Premisses aforesaid as shall be by the said C. B. or any Issue Male of his body or the Issue Male of such Issue according to the purport effect and true meaning of these presents limited appointed given disposed or devised to or for the Ioynture or Ioyntures of any such Woman or Women which they or any of them shall lawfully marry as aforesaid To the use and behoof of every such wife or wives for and during the term of the natural After the Leases c. determined then to the former uses life or lives of such wife or wives And as the said several Vses Provisions and Limitations herein before expressed by the true meaning and intent of these present Indentures shall severally end and determine Then to the use of such Person and Persons as by the true intent and meaning of any the Limitations aforesaid should or ought to have had the same if no such Limitation Guift Lease Devise or Appointment had been done or made and for such Estate and Estates and in such order form course quality and degree and with such Remainder and Remainders thereof over and by upon and under such Provisoes and Limitations as are hereni before setforth and declared 13. Provided alwaies and it is further Another to Lease I and setled in Joynture at the Rents agreed upon in a Sch●dule Covenanted granted concluded and fully agreed by and between all and every the said Parties to these presents and it is the true intent and meaning of these presents and of the Parties to the same that it shall and may be lawful to and for the said A. B. at all and every time or times hereafter when and as often as it shall please him by any Writing or Writings to be sealed and subscribed by and with the Hand and Seal of the said A. B. and by and with the Hand and Seal of the said E. his wife and whereunto the said E. shall be Party in the presence of three or more sufficient Witnesses and not otherwise And also that it shall and may be lawful to and for the said A. B. at any time after the decease of the said E. by any Writing or Writings by him to be sealed and subscribed in the presence of three or more sufficient Witnesses and not otherwise to make any Lease or Leases Demise or Demises of so much of the said Mannor of D. and other the Premisses in D. aforesaid as is limited or appointed to or for the Ioynture of the said E. or of any part or parcel thereof to any
or persons as should or ought to have had the same by the true intent and meaning of these presents next after the determination of the Estate of the same person or persons so marrying or contracting in such manner and form and of such Estate and Estates as is herein before limited any thing herein before contained to the contrary hereof in A Rent to cease upon a Daughters Marriage without Fathers license or his payment to her a Portion any wise notwithstanding 7. And it is Covenanted concluded and agreed by and between all the said parties to these presents for them and every of them their and every of their Heirs and Assigns And it is the true intent and meaning of the said Feoffment Fine and other assurance of the said Premisses so made as aforesaid That they the said C. D. E. F. and G. H. shall stand and be se●sed of the said Mannor and of all and singular other the Premisses to the uses intents and purpose following that is to say to the use intent 〈◊〉 purpose that the said C. B. the Son of the Feoffor A. B. and his Assigns shall and may receive yearly c. And also to the use intent and purpose That K. B. one of the Daughters of the said A. B. shall and may yearly during the term of her natural life have and perceive out of the said Premisses one yearly Rent of Forty pounds per annum of good and lawful money of England to be paid at the Four usual Feasts of the year that is to say at the Feasts of the Annunciation of St Mary the Blessed Virgin St. Io●n the Baptist St. Michael the Archangel and the Nativity of our Lord and Saviour Iesus Christ by even and equal portions And if it shall happen the said yearly Rent of Forty pounds or any part thereof to be behind or unpaid at any of the said Feasts or days of payment whereon the same ought to be paid as aforesaid That then the said K. B. and her Assigns during the life of the said K. shall and lawfully may enter and distrain in and upon the said Premisses or any part thereof for the same so being behind as for a Rent-charge to all intents and purposes 8. Provided alwayes That if the said The Proviso K. B. shall during the life-time of the said A. B. happen to marry without the consent of the said A. B. to such Marriage first had and obtained Or if the said A. B. shall or do at any time during his natural life bestow upon the said K. in Marriage or otherwise the sum of Five hundred pounds of lawful moneys of England That then and from thenceforth the said Annual sum of Forty pounds per annum shall cease and be determined to all intents and purposes whatsoever 9. To the use and behoof of the said A. B. To alter an Use limited to the Wife upon her claim of Dower for and during the term of his natural life without impeachment of or for any manner of waste and from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the term of her natural life and from and after the decease of the said A. B. and E. B. and of the survivor of them to the use and behoof of the right Heirs of the said A. B. for ever Provided always and it is the true intent The Proviso to alter the Use and meaning of these presents That if the said E. B. shall or do at any time or times after the decease of the said A. B. in case she shall fortune to survive him commence or cause to be commenced any Action or Suit for any Dower out of or in all or any of the Mannors Land Tenements or Hereditaments of the said A. B. or whereof he was seised of any Estate of Inheritance during the coverture between her and the said A. B. and shall not hold her self satisfied with the Lands and Tenements aforesaid limited meant and intended to and for her Ioynture and in satisfaction of her Dower That then and immediately from thenceforth the said Vse and Estate herein before limited to the said E. B. shall cease determine and be void to all intents and purposes and that then and from thenceforth the said Cognizees shall stand and be seised of the Premisses and of every part thereof to the use and behoof of the right Heirs of the said A. B. according to the Limitation aforesaid 10. To the use and behoof of the said A. B. Another for and during the term of his natural life and from and after his decease to the use and behoof of E. B. now wife of the said A. B. for and during the Term of her natural life or until such time as she the said E. B. or any other by her allowance or appointment shall by any publick act by her him or them to be done or permitted to be done seek endeavour or put in practice to obtain any Dower of in or to any the Lands Tenements or Hereditaments of the said A. B. or whereof he was seized of any Estate of Inheritance during the Coverture between him and the said E. B. and immediately from and after such publick act as aforesaid or after the decease of the said E. B. and A. B. to the use and behoof of the right Heirs of the said A. B. for ever 11. Let there be a Covenant from A. B. to To alter a Use upon Non-payment of a sum in gross levy a Fine to C. D. and then add as followeth which said Fine so to be had and executed as aforesaid of all and every the said Messuages Lands Tenements Hereditaments and Premisses shall be and inure and shall be deemed construed and taken to be and inure to the onely use and behoof of the said C. D. his Heirs and Assigns for ever 12. Provided alwaies nevertheless That The Proviso if the said C. D. his Heirs Executors Administrators or Assigns shall not well and truly content and pay or cause to be well and truly contented and payed unto the said A. B. his Heirs Executors Administrators or Assigns in or upon the c. next ensuing the Date hereof hereof at or in the now dwelling house of the said A. B. scituate in H. aforesaid the sum of One thousand pounds of lawful Moneys of Englands but in payment thereof or of any part thereof shall make default contrary to the true intent and meaning of these presents That then and from thenceforth the use before limited to the said C. D. of for and concerning all and every the said Messuages Lands Tenements Hereditaments ●●d Premisses and of for and concerning every part and parcel thereof shall cease and determine ●nd that then and from thenceforth the said Fine to be had and executed as aforesaid and the Execution thereof shall be and inure and the said C. D.
his Heirs and Assigns and all and every other Person and Persons that shall stand and be seized of the said Messuages Lands Hereditaments and Premisses or of any part or parcel thereof shall stand and be seized thereof from and after such default of payment made as aforesaid to the use and behoof of the said A. B. his Heirs and Assigns for ever and not to any other use or uses intents or purposes whatsoever 13. Provided always and it is Covenanted Another being a provision for a younge● Son granted condescended concluded and fully agreed by and between all the said Parties to these presents and the true intent and meaning of them and every of them and of these presents is That if the said C. D. the Elder Brother or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannor of D. in the said County of M. and the Lands Tenements and Hereditaments thereunto belonging or any of them their or some or one of their Heirs or Assigns or some or any of them shall not within two years next after the decease of the said A. B. well and truly pay or cause to be paid unto E. B. one of the Sons of the said A. B. if he the said E. B shall be then living the su● of Two thousand pounds of lawful Moneys of England That then and immediately after such default of payment all and every the Vse and Vses herein before limited and declared as for and concerning all the said Mann●r of D. and the Lands Tenements and Her●ditaments thereunto belonging shall cease and be vaid And then and from thenceforth the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered shall be and inure and the Recoveror and Recoverors therein named his and their Heirs shall stand and be seized of and in the said Mannor and Premisses in the said County of M. to the use and behoof of the said E. B. his Heirs and Assigns for ever 14. Make an Indenture Tripartite between Another ●o alter a use upon payment of a sum in gross A. B. and E. his wife of the first part C. D. and E. F. of the second part and G H. of the third part and let A. B. for himself and E. B. his wife Covenant to levy a Fine to C. D. and E. F. of all those Mannors c. Then add And it is Covenanted granted concluded and agreed by and between all and every the said Parties to these presents for them and every of them their and every of their Heirs and Assigns That the said Fine so to be acknowledged and levyed as aforesaid of the said Manno●s Lands Tenements Hereditaments and Premisses and the Execution thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and of the Heirs of such of them to whom the Inheritance of and in the Premisses shall be limited in and by the said intended Fine shall be and for ever shall be adjudged and taken to be And also that they the said C. D. and E. F. and the Heirs of such of them to whom the Inheritance of the said Premisses shall be limited in and by the said inten 〈…〉 ine shall stand and be seized of and in all an● singular the said Mannors Lands Tenements Hereditaments and Premisses and of every part thereof with Th' appurtenances to and for the uses intents and purposes hereafter in these presents mentioned that is to say To the use and behoof of the said G. H. his Heirs and Assigns for The use of the Fine ever under the Proviso Condition and Agreement hereafter in these presents mentioned and contained 15. Provided always and upon Condition Proviso to make void the use upon payment of Money That if the said A. B. his Heirs Executors or Administrators or any of them shall and do well and truly satisfie and pay or cause to be well and truly satisfied and payed unto the said G. H. his Heirs Executors Administrators or Assigns the full sum of One thousand pounds of lawful Moneys of England at or in the Middle-Temple-Hall London in manner and form following viz The sum of Five hundred pounds thereof on the c. That then and from thenceforth the said Vse and Estate of the said G. H. and of his Heirs and Assigns of and in all and every the said Mannors c. shall forthwith cease and be utterly frustrate and void And also that immediately from and after the said sum of One thousand The new use limited after payment pounds shall be fully satisfied and paid as aforesaid the said Fine so intended to be had and levyed as aforesaid and the Estate thereby in any wise to be had or made shall be and for ever shall be taken to be of and in all and every the said Mannors Lands Tenements Hereditaments ●nd Premisses to the use and behoof of the said A. B. and E. his wife for and during their natural lives and for and during the natural life of the longer liver of them and from and after their deceases then to the use and behoof of the Heirs Males of the Body of the said A. B. upon the 〈◊〉 of the said E. B. lawfully begotten and 〈◊〉 default of such Issue to the use To alter an Use upon a Portion given in Marriage paid back if the Marriage take not effect c. 16. To the use of G. H. and his Heirs until the said sum of Five hundred pounds paid by the said G. H. unto the said A. B. as the Marriage Portion of the said E. H. in case the said intended Marriage between the said C. B. the Son of A. B. and the said E. H. shall not take effect before the Feast of c. next ensuing the Date hereof be repayed by the said A. B his Heirs Ex●●●tors or Administrators unto the said G. H. his Executors or Administrators But in case the said Marriage shall take effect Then from and after the said intermarriage had and solemnized the said Fine so to be had and levyed as aforesaid shall be and enure and shall be deemed construed and taken to be and enure to the use and behoof of the said C. B. for and during the term of his natural life and from and after the decease of the said C. B. to the use and behoof of the said E. for and during the term of her natural life And from and after the decease of the said C. B. and E. F. and the Survivor of them To the use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said E. lawfully to be begotten c. And in case the said Marriage shall not take effect before the said Feast of c. That then immediately from and after the said repayment of the said Marriage Portion to be made as aforesaid
directly sail and apple The third Port applied to unto the Island of Terceras and Fyall within the Dominions of c. and there unlade and make discharge of the said Goods and Merchandizes And shall there relade and take into and aboard her again all such Goods and Merchandizes as are there usually laden according to the Order and Direction of the said C. D. his Factors or Assigns and which the said C. D. his Factors or Assigns shall think fit to relade or cause to be reladen aboard the said Ship and which she may conveniently stow and carrie in her as aforesaid over and above her victual tackel and appatel 4. And then the said Ship so being laden The fourth Port applied to at the Island of Terceras and Fyal as aforesaid as Wind and Weather shall serve and the perils and dangers of the Sea excepted shall with her said burden sail teturn and come back to the Island of St. Michael aforesaid and there unlade and make a discharge of the said Goods and Merchandizes and receive into and aboard her there such other Goods and Merchandizes as the said Merchant his Factors or Assigns shall think fit and please to lade into and aboard her and are there accustomed to be laden and which the said Ship can safely stow and carry as aforesaid 5. And then the said Ship with the first The Ships return good Wind and Weather that God shall afterwards send the perils and dangers of the Sea excepted shall directly sail and apply to Dartmouth Plimouth or the Isle of Wight And the said Ship being arrived at one of the said places Notice to be given of Ships arrival he the said A. B. or such Person as shall be Master of the said Ship for the Time being shall from thence send express notice in Writing to be given or left to or for the said C. D. his Executors Factors or Assigns at or in the now dwelling house of the said C. D. scituate in D. near Aldgate London That the said Ship and Goods are safely arrived at one of the said last mentioned places and at such place of arrival the said Ship shall stay and abide the space of ten dayes for Answer and Direction to be returned and given by him Notice of the next application to be made the said C. D. his Executors Administrators Factors or Assigns for the sayling and applying of the said Ship unto Haverdegrace in France or Amsterdam in Holland or to the Port of the City of London the charge of sending a Messenger to give such intelligence as aforesaid to be satisfied and payed by the said C. D. his Executors Administrators or Assigns 6 And according to such Answer and appointment shall with the first good Wind and The Ships discharge Weather that God shall sen● the perils and dangers of the Sea excepted directly sail and apply either to Haverdegrace or Amsterdam or the Port of London which of the said places the said Ship shall be so ordered or appointed to sail and apply unto And within ten dayes after the arrival of the said Ship at the same Place so to be appointed the said Ship shall make her right discharge of the said Merchants goods and Merchandizes and there to end and finish her said intended Voyage the petils and dangers of the Sea excepted 7. And it is further agreed by and between the said Parties to these presents that the said How long the Ship to stay at each Port. Ship shall tarrie and abide at Nantz the Island of St. Michael and Tercera● and Fyal before mentioned for her several discharges and relading at the said several Places as aforesaid the space of sixty Dayes in the whole That is to say at Nantz twenty Dayes at the said Island of St. Michael twenty Dayes and at Terceras and Fyal aforesaid twenty Dayes Within which several times before limited and expressed the said C. D. for himself his Executors and Administrators doth covenant and grant to and with the said A. B. his Covenant to discharge and relatie within the times limited Executors and Administrators by these presents to discharge and relade the said Ship in manner and form aforesaid at the se●eral Places and Ports of Nantz St. Michael and Terceras and Fyal before 〈◊〉 8. And within the said space of ten Dayes before limited after notice of the 〈◊〉 of the said Ship as aforesaid a● Darrmouth Plimouth or the 〈◊〉 of Wight shall give order and direction to the said A. B. or the master of the said Ship for the time being whether the said Ship shall sail to 〈◊〉 Amsterdam or to the Port of the City of London to make her right discharge and To unlade the Ship by a Tun at her last discharge shall at such Place to be appointed discharge or 〈◊〉 to be discharged and unladen the said Goods and Merchandizes of the 〈◊〉 Ship within twelve Dayes after the Arrival of the said Ship at such appointed Place of discharge as aforesaid 9. And that the said C. D. his Executors 〈◊〉 Factors or Assigns shall 〈◊〉 will well and 〈◊〉 pay or cause to 〈◊〉 payed unto the said A. B. his Executors Administrators or Assigns How much to be paid for the freight freight for the said Ship after the Rate of four pound the Tun of lawful Money of England for every Tun of Goods and Merchandizes that shall be unladen of and from the said Ship at the several Ports and Places before mentioned accompring three Chests of Sugar to the Tun c. and so put down the several proportions that is reputed a Tun at the several Places and then add and for other Goods and Merchandizes according to the usual Custom 10. And that all such sum and si●ks of Money When and how paid that shall arise and grow due and payable for the freight and hire of the said Ship as aforesaid shall be satisfied and payed unto the said A. B. his Executors Administrators or Assigns within six Dayes next after the discharge of the said Ship at Haverdegrace or Amsterdam aforesaid which of them shall be appointed as aforesaid for the said Ship to make her discharge at and the same Moneys also to be payed according to the Course of the Exchange at such Place to be appointed as aforesaid 11. And it is agreed by and between the said Parties to these presents that in case the said C. What to be paid for freight if the Ship do not fully lade D. shall not fully lade the said ship at the Ports and places aforesaid appointed for the Lading thereof or any of them yet nevertheless the said C. D. his Executors Administrators or Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors Administrators or Assigns at and after the Rate of four pound the Tun for so many Tuns as the said ship can or may conveniently stow and carry in manner and form
aforesaid together with average accustomed 12. And it is agreed by and between the said Parties to these presents That all Port-charges Port-charges that shall arise and grow due to be payed for and in respect of the said Ship in the said intended Voyage shall be satisfied and payed in manner and form following viz. ⅔ Parts thereof by the said C. D. his Factors or Assigns and ⅓ Part thereof by the said A. B. his Executors or Assigns 13. And it is agreed by and between the said Parties to these presents notwithstanding To stay over and above the Days limited at each Port. any matter or thing herein before conteined that in case necessity shall require it shall and may be lawful to and for the said C. D. his Factors or Assigns or any of them to keep the said Ship at Demorage at the several places and Ports aforesaid of Nantz St. Michael Terceras and Fyal the space and time of thirty Dayes and no more after the end and exspiration of the said sixty Dayes before limited for the said ship to stay at the said places and Ports That is to say viz. Ten Dayes at Nantz ten Dayes at St. Michael and ten Dayes at Terceras and Fyal before mentioned for every Day of which Demorage over and above the said sixty Dayes the said C. D. his Factors and Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors Administrators or Assigns the sum of three pound How much to pay per Diem of lawful Moneys of England and the said Moneys that shall arise and grow due for demorage as aforesaid shall be paied c. here set down the Day when 14. And it is moreover agreed by and between The Master to have money paid him in the voyage c. the said Parties to these presents that the said C. D. his Factors or Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors or Assigns or such as shall be Master of the said ship for the time being all such sum and sums of Money as he or they shall have occasion for at the Island of St. Michael and at Terceras and Fyal aforesaid so that all the said sum and sums of Money so to be payed as aforesaid exceed not in the whole the sum of c. Which said sum and sums of Money so to be payed are to be deducted upon the payment made for the freight of the said Ship in manner and form aforesaid 15. And it is agreed by and between the said Not to lade any goods except the Merchants Parties to these presents that the said Master his Factors or Assigns shall not lade or cause to be laden any Goods or Merchandises aboard the said Ship for any other Merchant and Person whatsoever except the said C. D. save only the quantity or proportion of five Tuns which the said Master or his company may lade for their own use at the time of Lading the said ship at the several Ports aforesaid without allowance for the same That the Ship is strong and well apparelled c. and 20 men and a boy therein if occasion shall require 16. And the said A. B. for himself his Executors and Administrators doth covenant and grant to and with the said C. D. his Executors Administrators and Assigns by these presents That the said Ship at the time of her departure from and out of the said Riuer of Thames upon her said intended Voyage shall be strong and sufficiently victualled tackelled furnished and apparelled with masts sails anchors cables ropes cords boat and Dars twelve pieces of Ordinance guns gun-powder shot tackle apparel ammunition and furniture meet and needful for the said Ship and Voyage together with a Master and twenty men and one boy which men and boy or so many of them The men and boy to attend the Merchant c. as shall be needful shall be readie at all due and convenient times with the said Ship-Boat to serve the said Master his factors or assigns to and from the land during the said Voyage and to discharge and relade the said Ship as occasion shall serve 17. And to the performance of all and singular the Covenants Grants Articles agreements The Parties mutually bind themselves in a penalty to perform the Covenants and other things herein before conteyned by and on the part and behalf of the said A. B. his executors or administrators to be done and performed as aforesaid the said A. B. binds himself his erecutors and administrators and especially the said ship with her tackle apparel and furniture unto the said C. D. his executors administrators and assigns in the penal sum of One thousand pound of lawful Moneys of England by these presents to be well and truly payed unto the said C. D. his executors administrators or assigns upon the Non-performance or Non-observance of any of the said Covenants and agreements on his part to be done and performed according to the intent and true meaning of these presents The like for the other Partie who is to bind himself his Executors and Administrators and his Goods and Chattels in the like penalty of One thousand pound to performe c. In Witness c. Another where the Ship is to take in her first Lading at several Ports 18. THis Charter-Partie Indented of Affreightment made the c. Between A. B. Citizen and Alderman of London and E. F. Citizen and Draper of London Owners of the good Ship called the P. of London of the burthen of 140 Tuns or there abouts riding at this present on the River of Thames within the Port of London whereof is Master under God for this Voyage T. W. on the one Part and C. D. The grant to freight and hire of the Ship of London Merchant on the other Part Witnesseth That the said A. B. and E. F. have granted and letten the said Ship to freight to the said C. D. and the said C. D. hath hired the said Ship for a Voyage to be made by Gods Grace in manner and form following That is to say 19. The said A B. and E. F. for them and either To stay so long in the Toames before Lading of them their and either of their executors and administrators do covenant and grant by these presents to and with the said C. D. his executors and administrators and either of them in manner and form following that is to say That the said Ship shall ride and ●arry within the River of Thames in the Port aforesaid until the tenth day of c. next ensuing the Date hereof and shall receive into her all such goods wares and Merchandizes which it shall please the said C. D. his factors or assigns there to charge and To receive in Lading lade into and aboard her before the said tenth Day of c. and not to receive into the said Ship before
her departure any of the goods or merchandizes of any other person or persons whatsoever except the said C. D. without the special consent and agreement of the said C. D. his Factors or Assigns first thereunto had and obtained except three Dacks of Merchandizes freight-fee of the said E. F. 20. That the said Ship with the first good Wind and Weather that God shall send next after The second place where the Ship is to receive more lading the said tenth day of c. shall depart and sail from the Port of the said City of London with the said received Goods of the said C. D. the perils and dangers of the Sea excepted unto Gore-End within the Realm of England where she shall tarry and abide the space of twelve dayes next ensuing her first arrival there at an anchor there to receive into her freight Fee as much Corn as she can safely stow and carry over and besides her Victual Tackle Apparel and Furniture and over and besides the said Goods by her received at London as aforesaid 21. And moreover that the said Ship with The place applied to for discharge and reladeing the first good Wind and Weather that God shall send next after the end and exspiration of the said twelve dayes shall directly sail the dangers and perils of the Sea excepted from Gore-End aforesaid unto L. within the Realm of P. as near to the said Town as she may safely arrive to make her right discharge where the said ship shall tarrie by the space of forty dayes next ensuing her first arrival there at an anchor as well to discharge Time given to discharge and relade the said Goods received into her within the said Port of London and at Gore-End as aforesaid as also to relade and recharge into her the said ship 140 Tuns in the whole of such goods wares and merchandizes as it shall please the said Merchant his factors or assigns there within the said forty Dayes to lade in and aboard the said ship before her departure and not there to receive any other goods of any other person or persons whatsoever except what shall be laded as aforesaid accompting so much to every Tun and here se● down how much of each particular shall be accompted to the Tun if it may be 22. Nevertheless it is agreed by and between the said Parties to these presents And the said A. B. and E. F. for them and either of them their and either of their executors and administrators do covenant and grant to and with the said C. D his More dayes given to lade in if the other suffice not Executors and Assigns by these presents That if the said C. D. his factors or assigns cannot within the said forty Dayes lade the said ship at L. as aforesaid that then the said ship shall there tarrie and abide the space of ten Dayes next after the End and Expiration of the said forty Dayes 22. And that the said ship being as is before mentioned laden at L. aforesaid shall with The discharge of the Ship the first good Wind and Weather that God shall send next af●er the Expiration of the said abiding Dayes or so soon as she shall be laden directly sail from thence the dangers and perils of the Sea excepted and apply to A. or London or such of the said places where it shall please the said Merchant his Factors or Assigns that the said ship shall make her discharge 23. And the said C. D for himself his Executors To charge and discharge the Ship within Time limited Administrators Factors and Assigns and for every of them doth Covenant and Grant by these presents to and with the said A. B. and E. F. and either of them their and either of their Executors Administrators and Assigns that he the said C. D. his Executors or Assigns shall and will within the said Ports of London and Gore-End charge and lade the said Ship within the Times before limited and appointed for the same and shall and will discharge and relade the said Ship at L. aforesaid within the Kingdom of P. within the Times before limited and appointed for the same And shall and will discharge and unlade the said Ship at London or A. aforesaid within the Time and Space of c. Dayes 24. And also that he the said Merchant his To give notic● where to discharge Factors or Assigns shall and will within the said abiding Dayes at L. aforesaid and so soon as the said Ship shall be there as is aforesaid laden give notice unto the said Master or his Assigns where the said Ship shall make her right Discharge that is to say whether at A. or at London aforesaid 25. And that the said C. D. his Factors or Assigns shall well and truly pay or cause to be Payment for freight of the Ship payed unto the said A. B and E. F. or one of them their or one of their Executors or Assigns for every Tun of the said Ships lading that shall be discharged at L. aforesaid the sum of c of lawful Moneys of England and for every Tun that shall be discharged or unladen out of the said Ship at A. or London aforesaid the sum of c. of like Moneys which said Moneys shall be payed in manner and form following That is to say The one Moiety thereof within ten Dayes next after the said Discharge of the said Ship at A. or London as aforesaid And the remaining Moiety thereof within one Month next after the End and Exspiration of the said ten Dayes together with Petie-loadmenage Primage and Average wont and accustomed 26. And that the said C. D. his Factors or Payment for demorage Assigns shall and will for every Day that the said Ship shall tarry and abide at L. aforesaid over and above the said forty Dayes truly pay or cause to be payed to the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns the sum of c. of lawful Moneys of England at the Day and Time when the last Moneys payable for the freight of the said ship is to be payd by the true intent and meaning of these presents 27. And the said A. B. and E. F. do covenant That the Ship shall be able to receive into her 140 Tun and be well furnished c. grant and warrant by these presents to and with the said Merchant that the said Ship shall be able to receive into her under-Hatches at L. aforesaid over and besides her Victual Tackle and Apparel the said quantity of 140 Tuns and that the said Ship is and shall be strong and stanch and well and sufficiently victualled tackelled apparelled and furnished with Masts Sails Sail-yards Anchors Cables Ropes Cordes Gun-shot Gun-powder Artillerie Tackle Apparel Boat and Furniture meet and convenient for such a Ship and for such a Voyage together with an able Master twenty six able men
and a boy which men and boy or so many of them as shall be useful shall be ready at all times convenient during the said Voyage with the cock or boat of the said Ship to serve the said Master his Factors or Assigns to and from the Land Here add their mutual obligation to perform the Covenants vide Devant pla Sect. 17. Another where the Ship is let for twelve Months and the hire to be at a certain Sum by the Month. 28. IN the Name of God Amen This Part-owners Charter-Partie Indented of Affreightment made the c. Between A. B. and E. F. of c. Part-Owners of the good Ship called the D. of London of the burthen of 200 Tuns or thereabouts now riding at Anchor in the River of Thames within the Port of the City of London of which ship the said E. F. is Master under God on the one Part and C. D. of London Merchant on the other Part. 29. Witness that the said A. B. and E. F. have The ship let to freight by the Month. granted and letten to freight and by these presents do grant and let unto freight the said Ship unto the said C. D. by the Month for and during the space of twelve Months to begin and to be accompted from the departure of the said Ship from Graves-End outward bound upon her present intended Voyage at and for the Rate and Price of c. of lawful Moneys of England by the Month and for such and so long time after the Expiration of the said twelve Months not exceeding six Months more as it shall please the said C. D. his Factors or Assigns to keep the said Ship in his service and ●●ployment at and for the Rate of the like sum of c. per Month and so and after the same Rate and Price for a lesser Time than a Month accompting the Months as they shall fall out in the Kalendar And that the said Master hath accordingly hired and taken the said Ship by the Month after the Rate and Price aforesaid for a Voyage by Gods Assistance to be made with her as is hereafter mentioned 30. That is to say● the said A. B and E. F. for The ship to be ready to begin the Voyage by a time certain themselves their Executors and Administrators do joyntly and severally covenant and agree to and with the said C. D. his Executors Administrators and Assigns by these presents that the said Ship upon or before the twentieth Day of c. next ensuing the Date hereof Wind and Weather permitting shall be ready to set sail and depart from Graves-End aforesaid upon her said intended Voyage and as Wind and Weather shall permit the perils and dangers of the Sea excepted shall directly sail and apply unto the Streights of G. where the said Ship may safely arrive and lawfully trade not exceeding the Latitude The Voyage of thirty Degrees and further to the South as the said Merchant his Factors or Assigns shall direct and appoint and that the said Ship the perils and dangers of the Sea excepted shall end her said Voyage in the Port of London 31. And further that the said Ship before To take in the Merchants goods her departure from hence and during the time that she shall be in the said service and imployment of the said C. D. his Factors or Assigns by vertue hereof shall lade receive and take into her and also discharge and unlade out of her all such Goods Merchandizes and Lading which she may conveniently stow and carry in her over and above her Victual Tackle and Apparel as the said Merchant his Factors or Assigns shall think to lade into and aboard her and to discharge and unlade out of her 31. And the said C. D. for himself his Executors That the Ship shall finish her Voyage in eighteen Months and Administrators doth covenant and grant to and with the said A. B. and E. F. and either of them their and either of their Executors Administrators and Assigns by these presents That he the said Merchant his Factors or Assigns shall and will permit and suffer the said Ship with her Ordinance Tackle and Apparel to be safely returned into the River of Thames from the said Voyage and to be there discharged from and out of her said intended imployment at the Expiration of eighteen Months at the farthest to be accompted from the Time of the said Ships entrance into Monthly Pay as aforesaid the perils and dangers of the Sea and necessary Use and Wearing of her Tackle Apparel and Furniture in the mean Time only excepted 32. And further that the said C. D. his Executors The payment of the freight Administrators and Assigns shall and will well and truly pay or cause to be payed unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns in London freight for the said Ship for the said intended Voyage at and after the aforesaid Rate of c. of lawful Moneys of England Monthly to be accompted as aforesaid by the Kalender for every Month that the said ship shall remain and be in the service and imployment of the said Merchant his Factors or Assigns by vertue of these presents and after the same Rate for a shorter Time then a Month That is to say from the Time of the said ships Entrance into her monthly Pay as aforesaid until she shall return into the said River of Thames from her said intended Voyage and be there discharged from and out of her said imployment 33. And that all the Moneys which at and after the Rate aforesaid shall arise and grow due The manner of payment for the freight and hire of the Ship to be payed for the freight of the said ship for her said intended Voyage shall be well and truly payed to the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns in London in manner and form following that is to say the one ½ or Moyety thereof within ten Dayes next after the return and discharge of the said ship in the said River of Thame● and the other Moyety or half Part thereof within three Months next following from and after the Determination and Expiration of the said ten Dayes together with Average Primage and Pettie-loadmenage accustomed 34. Nevertheless it is concluded and fully Other Provision touching the payment agreed upon by and between the said Parties to these presents That in case the said Ship shall be out upon her said intended Voyage the space or time of six Months to be accomp●ed by the Kallendar as aforesaid And at the end of the said six Months shall be well and in safety in the service of the said C. D. his Factors or Assigns That then the said Merchant his Factors or Assigns shall within three Months next after the Expiration of the said six Months true and
certain Notice or Certificate of such the well being of the said Ship at the end of the said six Months being in the mean time given or let to and for the said C. D. his Executors or Assigns at his now dwelling house in c. well and truly pay or cause to be payed unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns so much for freight as at and after the Rate aforesaid shall be due for the said ship for six Months service And further that if the said Ship shall be out upon the said Voyage the space or time of twelve Months to be accompted as aforesaid and at the end of the said twelve Months shall be well and in safety in the service of the said Merchant his Factors or Assigns That then the said C. D. his Executors Administrators or Assigns shall within two Months next after the end and exspiration of the said twelve Months true and certain notice and certificate of such the well being of the said Ship at the end of the said twelve Months being in the mean time given or left in manner and form aforesaid to and for the said C. D. his Executors Administrators or Assigns well and truly pay or cause to be payed unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns in London over and above the said first six Months freight so much for freight as at and after the Rate aforesaid shall be due for six Months more 35. And it is further agreed by and between What Payment in case the Ship return within twelve Months the said Parties to these presents That in case the said Ship shall be returned within the River of Thames from the said Voyage and be there discharged of and out of her said intended imployment before the Expiration of twelve Months to be accompted as aforesaid yet nevertheless the said C. D. his Executors Administrators or Assigns shall pay and allow unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns for the said Ship after the Rate aforesaid for the full time of twelve Months to be accompted as aforesaid any thing herein before conteyned to the contrary thereof in any wise notwithstanding 36. And the said C. D. for himself his Executors Allowance to the Master during the Voyage and Administrators d●th covenant and grant to and with the said A. B. and E. F. and either of them their and either of their Executors and Administrators by these presents That he the said C. D. his Executors or Administrators shall furnish and deliver during the said Voyage unto the Master of the said Ship for the time being all such Moneys as he shall have occasion to use for buying of Provision and other necessaries and for payment of mens Wages not in the whole exceeding the sum of c. sterling which said Money shall be deducted and allowed from time to time out of the freight or hire for the said Ship that shall respectively grow or become due for the said Ship by vertue of these presents 37. And the said A. B. and E. F. for them their That the ship shall be strong and well furnished Executors and Administrators do joyntly and severally covenant and grant to and with the said C. D. his Executors Administrators and Assigns by these presents That the said Ship at the time of her departure from Graves-End aforesaid shall be strong and stanch and well and sufficiently victualled tackelled furnished and apparelled with Masts Sails Sail-yards Anchors Cables Ropes Boat Boat-oars 25 Pieces of Ordinance Guns Gun-powder Shot Tackle Apparel and Furniture meet and needful for the said Ship and Voyage together with a Master One Hundred and forty Men and a Boy which Men Men and Boy to assist the Merchannt and Boy or so many of them as shall be requisite shall be ready at all Time and Times with the Boat of the said Ship to serve and carry the said Merchant his Factors and Assigns and Goods and Merchandizes of the said Masser according to Custom to and from the Land during the said Voyage 38. And it is further agreed by and between Port-charges how born the said Parties to these presents That all such Port-charges as shall arise and grow due to be payed during the said Voyage and all such Steringree as during the said Voyage shall be used in and about the said Ship shall be payed born and susteined in manner and form following That is to say the one Moiety or half Part thereof by the said Merchant his Executors Administrators or Assigns and the other half Part thereof by the said Part-owners their Executors and Assigns Both to bind themselves to perform the Covenants on each Part to be performed Vid. Sect. 17. Another between Part-owners of a Ship whereby the Sharers of one Moyety letteth to freight their Part to the Sharers of the other Moyety 39. THis Charter-Partie Indented of affreighiment made the c. Between A B. and C. D. of London Merchants Part-owners That is to say Owners of the one Moyety or half Part of a good Ship called the R. of London of the burthen of 300 Tuns with the like Moyety of all the Masts Sails Tackle Apparel Furniture Ordinance and Appurtenances thereunto belonging now riding at Anchor in the River of Thames within the Port of London whereof the said C. D. is Master under God of the one Part And E. F. and G. H. of London Merchants Owners of the other Moyety and Residue of the said Ship with the Masts Sails Tackle Ordinance Furniture and Apparel thereunto belonging on the other Part. 40. Witnesseth that the said A. B. and C. D. The ●erting to freight the Ship have granted and letten to freight and by these presents do grant and let to freight All that their said Part and Moyety of the said Ship and Premises unto the said E. F. and G. H. for a Voyage with her to be made by Gods Grace in manner and form following 41. That is to say That the said A. B. and The first Voyage to unlade Part. C. D. for them their Executors Administrators and Assigns do hereby covenant and grant to and with the said E. F. and G. H. for them and either of them their and either of their Executors and Administrators by these presents That the said Ship being already laden shall with the first good Wind and Weather that God shall send next after the Date hereof by Gods grace the perils and dangers of the Sea excepted directly sayl from the said River of Thames and apply unto the Port of Ligorn in Italy under the Dominion of the Duke of Florence and there shall discharge such Goods and Merchandises as shall be appointed there to be unladen by the said E. F. and G. H. or one of them
their or one of their Factors or Assigns And from thence shall sail and take her direct course as Wind and Weather shall serve with as much speed as may be the perils and The second place of application to unlade and relade dangers of the Sen excepted unto the Island of 1. in Grecia under the Government of the Seigniorie of Venice and there shall stay and abide by the space of forty Working Dayes next after her first Arrival there to unlade such Goods and Merchandizes as is or shall be there appointed as aforesaid to be unladen and within the said time shall relade such Goods Wares and Merchandizes as the said E. F. and G. H. or either of them their or either of their Factors or Assigns shall think fit to charge and relade aboard and into the said Ship that is to say so much as the said ship can conveniently slow and carry over and above her Victual Tackle Ammunition Apparel and Furniture 42. And that the said Ship with her said Her return for her last discharge burthen shall with the first Good Wind and Weather that God shall send after the Exspiration of the said forty Dayes the perils and dangers of the Sea excepted sayl and come from the said Island of 1. unto the City of London or as near thereunto as she conveniently may for her right discharge 43. And the said E. F. and G. H. for themselves Payment for the freight and ●ire and either of them their and either of their Executors and Administrators do covenant and grant to and with the said A. B. and C. D. and either of them their and either of their Executors Administrators and Assigns by these presents That they the said E. F. and G. H or one of them their or one of their Executors Administrators or Assigns shall and will truly pay or cause to be payed to the said A. B. and C. D. or one of them their or one of their Executors or Administrators within the City of London for every Tun of such Wares and Merchandizes as shall be laden and unladen in the said Ship during the said Voyage the sum of c. accompting so much to the Tun c. for the Part and Interest of the said A. B. and C. D. in the said Ship and for and in respect of the freight and hire of their Part of the said Ship which said Money is to be payed in manner and form following That is to say one third Part thereof upon the right discharge of the said Ship and one other third Part thereof within the space of six Weeks then next following and the other remaining third Part thereof within the space of three Months next ensuing after the end and determination of the said six Weeks 44. And the said A. B. and C. D. for them and That the Ship shall be strong and well furnished either of them their and either of their Executors and Administrators do covenant and grant to and with the said E. F. and G. H. their Executors and Administrators by these presents That the said Ship for their Part shall be strong and stanch and well and sufficiently tackelled and apparelled with sayls sayl-yards anchors cables ropes Gun-shot Artillerie Gun-powder and all other Instruments Tackle and Apparel needful and necessary for such a Ship and for such a Voyage together with an able Master fifty six Men and a Boy and a Cock-boat which Men and Boy shall be alwaies ready at all due times with the said Cock-boat of the said Ship to serve the said E. F. and G. H. or one of them their or one of their Factors or Assigns to and from the land during the said Voyage and to discharge and relade Mutual Obligations to perform Covenants the said Ship as occasion shall serve 45. And to the Performance of all and every Covenants Grants Articles and Agreements on the Parts and behalfs of every of the said Parties truly to be holden performed and kept in all things as is aforesaid the said Parties to these presents do bind themselves one to another That is to say the said A. B. and C. D. do by these presents bind themselves and either of them and their several Executors and Administrators and goods and their Part and Interest in the said Ship with the Furniture thereof to the said E. F. and G. H. and to their Executors and Administrators And the said E. F. and G. H. do in like manner bind themselves and either of them their and either of their Executors Administrators and Assigns and all their Goods and their Interest in the said Ship to the said A. B. and C. D. their Executors and Administrators in the sum or penalty of One thousand Pound of lawful Moneys of England by the Party or Partys infringing the said Covenants or any of them to the other Party or Parties observing truly to be payed by vertue of these presents In witness Another between the Owners of a Ship and a Merchant for the Lading thereof with Salt and discharging the same in Ireland 45. THis Charter-Partie Indented made the c. Between A. B. and C. D. of London Grossers Owners of the good Ship called the D. of London of the burthen of eighty Tuns or thereabouts whereof is Master for the present Voyage I. N. on the one Part And E. F. of Dublin in Ireland Merchant on the other Part Witnesseth that it is covenanted concluded and agreed by and between the said Parties in manner and form following 47. That is to say the said A. B. and C. D. The voyage to lade the ship for them their Administrators and Assigns and for every of them do covenant and grant to and with the said E. F. his Executors Administrators and Assigns and either of them by these presents That the said Ship within the space of eight Dayes now next ensuing or so soon after as Wind and Weather will permit shall at the charge and aduenture of the said Owners depart from and out of the Port of London aforesaid where she now rideth at Anchor and from thence shall keep direct course and shall fail as Wind and Weather will permit the perils and dangers of the Sea excepted towards some of the Bayes for Salt within the Kingdoms or Territories of France Spain or Portugal And that the said A. B. and C. D. their Factors or Agents at their or some of their costs and charges shall there with all convenient expedition fully freight and lade or cause to be laden the said Ship with good and merchandable Salt 47. And shall then immediately as Wind To sail with the Ships lading to Dublin and Weather shall serve at their like Adventure and Hazard as aforesaid depart from the said place of Lading with the said Ship and her burthen towards the Port of Dublin in Ireland and that for the attaining to the said Port of Dublin the said Master and his Marriners with all good
Endeavour according to their Knowledge and Vnderstanding shall set and apply their course without any fraud or covin 48. And that so soon as the said Ship To give notice of her arrival shall have finished her said appointed Voyage and shall arrive in safety with her said Lading in the Port of Dublin aforesaid that then in the said Port the said Ship shall ride at Anchor in the Common Place of Anchorage there called the Pool of Clumm-Turf and that then within one Day next after the said arrival there the said Master or Owners or one of them or some of their Factors Agents or Messengers shall signifie and give notice of the said Arrival of the said Ship unto the said E. F. his Executors Administrators Factors or Assigns at the now dwelling house of the said E. F. in Dublin aforesaid and then and there shall be ready to deliver all the Salt laden into the said Ship which shall be seventy Tans at the least after the Rate of four Burdeux Hogsheads to every Tun in measuring to be once shaken and then being full to be strucken To deliver the salt clear from former charges off And then and there the said Owners Factors or Assigns shall in form aforesaid deliver the said Salt into the Port of Dublin aforesaid to be brought in the said Ship unto the said E. F. his Factors or Assigns of and from aboard the said Ship into their Loyter or Loyters to be brought and layd close aboard the said Ship the said Salt being cleared and freed of and from all and all manner of former charges of what kind or sort soever 49. And the said E. F. for himself his Executors Administrators and Assigns doth covenant Payment for the salt and grant to and with the said A. B. and C. D. their Executors Administrators and Assigns by these presents that upon notice given unto the said E. F. his Executors Administrators or Assigns of the said Arrival of the said Ship in the said Port of Dublin he the said E. F. his Executors Administrators Factors or Assigns shall and will be ready to take and receive her said Lading of Salt in manner and form aforesaid with all reasonable and convenient expedition And within ten Dayes after the receipt thereof shall at the dwelling house of c. pay and content or upon good and true accompt according to the intent and true meaning of these presents allow to the said Owners their Factors or Assigns the sum of ten shillings of lawful Moneys of England for every Hogshead of the said Salt to be delivered to the said E. F. his Executors Factors or Assigns as aforesaid 50. And the said E. F. in Part of Payment Part of the hire before hand payed for the said Salt hath at the ensealing and delivery of these presents before hand contented and payed unto the said Owners of the said Ship One hundred pound of lawful Moneys of England so to be reckoned accompted and defalked at the time of the Delivery of the said Salt Which said sum of One hundred Pound they the said Owners do acknowledge by these presents That they have had and received accordingly and thereof and of every Part thereof do clearly acquit and discharge the said E. F. his Executors Administrators Factors and Assigns and every of Covenant to repay if Ship miscarry them by these presents And do hereby Covenant and grant to and with the said E. F. That in case the said Ship or Goods should fortune to miscarry in the said Voyage That then they will repay back again unto the said E. F. his Executors Administrators or Assigns the said sum of One hundred Pound on c. In witness CAP. II. Conteyning the several forms of Bills of Credit of Adventure of Bottombrie Assurance of Goods and Letters of Licence and Composition from Creditors to Debtors A Bill of Credit 1. THis Present Writing witnesseth That A. B. binds himself to pay what C. D. shall intrust E. F. with I A B. of London Alderman do undertake to and with C. D. of the City of Y. Merchant his Executors and Administrators That if he deliver to E. F. of c. or to his Assigns to his use any sum or sums of Money not exceeding in the whole the sum of Three hundred Pound of lawful Moneys of England And shall take a Bill under the hand and seal of the said E. F. for the same acknowledging testifying and shewing the certainty thereof That then I the said A. B. my Executors or Administrators having the said Bill delivered to me or them shall presently upon receipt of the said Bill pay or cause to be payed to the said C. D. his Executors or Assigns all such sum or sums of Money not exceeding the said sum of Three hundred Pound as shall be conteined in the said Bill to which payment well and truly to be made I bind my self mine Executors and Administrators firmly by these presents In witness whereof I have hereunto set my hand and seal the Day of c. A Bill of Adventure for a Bale of Cloath 2. TO all c. I A. B. of London Merchant Recital of the consignment of the Cloath do send greeting Whereas I the said A. B. did about two Months since consign to C. D. Merchant in Ligorn in Italy three Bales of Suffolk Cloath of the Number 1. 2. 3. which Bales were all layed on board the Ship called the Royal Exchange of London of the barthen of Three hundred Tuns or thereabouts whereof W. T. is Master under God for the accompt of me the said A. B. 3. Now know ye that I the said A. B. do Acknowledgment that the advent●re of Part belongs to E. F. hereby confess acknowledg and declare that one of the said Bales of Cloath that is to say that which is marked with the Figure 3. doth properly belong unto E. F. of c. the Adventure whereof the said E. F. is to bear out and home 4. And I the said A. B. do hereby for me mine Executors and Administrators covenant and grant to and with the said E. F. his Executors Administrators and Assigns as well to make and give to him them or any of them a true To make a true accompt of the proceed and just Accompt of the Sale and Proceed of the said Bale of Cloath number 3. but also to pay to him or them all such Money Goods and Benefit as by the foot of any such Accompt shall appear to be due and coming unto him or them for or in respect of the said Bale of Cloath In Witness c. Another for Money in a Voyage to the East-Indies 5. TO all c. I A. B. of London c. do The intended Voyage send greeting whereas I the said A. B. do intend by Gods Grace to make a Voyage unto the East-Indies in the good Ship called the Pearl of London being now thither bound whereof is
Master under God C. D. And whereas E. F. of c. the day of the date hereof hath payed and delivered unto me the said A. B. the sum The Money adventured of fifty pound of lawful Moneys of England whereof I do hereby acknowledge the Receipt the Adventure of which said fifty pound the said E. F. is content and agreed to bear and stand to out and home 6. Now know ye that I the said A. B. do To imploy it to the best advantage covenant and grant for me mine Executors and Administrators to and with the said E. F. his Executors Administrators and Assigns by these presents That I the said A. B. my Executors Administrators or Assigns shall and will dispose convert and imploy the said fifty pound to and for the best and most benefit and advantage of the said E. F. his Executors Administrators or Assigns according to the best of my skill and knowledge in the said Voyage 7. And also that I the said A. B. mine Executors To make accompt and pay the profit of the adventure Administrators or Assigns within thirty Dayes after my return from the said Voyage or the Arrival and Discharge of the said Ship within the Port of London which shall first happen shall not only give and deliver unto the said E. F. his Executors Administrators or Assigns a just and true accompt of the Disposition and Management of the said Adventure but also truly pay and deliver or cause to be payed and delivered unto the said E. F. his Executors Administrators or Assigns all such Money and Proceed as shall by the foot of the said accompt appear to be due and coming to him the said A. B. his Executors Administrators or Assigns In witness c. Another upon a Man of War 8. TO all c. I A. B. Owner of a fourth Owner of a fourth Part. Part of the good Ship called the Mermaid of Pool of the burthen or Portage of One hundred Tuns or thereabouts and also of a fourth Part of all the Tackle Apparel Ammunition Furniture and Artillery to the said Ship belonging and also of the one fourth Part of the Victual and Provision to and for her now provided That the Ship is outward bound for a man of War and appertaining do send greeting 9. Whereas the said Ship called the Mermaid is now outward bound for a Man of War by way of Reprisal under the conduct command and guidance of W. B. Captain thereof And whereas C. D. E. F. and G. H. of c. have payed and delivered unto me the said A. B. forty pound sterling to be adventured upon gain and loss upon the said fourth Part of the said Ship Furniture The adventure and Victual in her next Voyage to Sea 10. Now know ye that I the said A. B. for That adventures shall have a due proportion mē mine Executors and Administrators do covenant and grant to and with the said C. D. E. F. and G. H. and every of them their and every of their Executors Administrators and Assigns by these presents That I the said A. B. mine Executors and Administrators shall and will from Time to Time hereafter not only come to a true and just accompt with them the said C. D. E. F. and G. H. or one of them their or one of their Executors or Administrators for all such benefit advantage gain and increase as shall from time to time be made or come of for or in respect of the said forty pound so adventured as aforesaid but also from time to time to satisfie and pay unto the said C. D. E. F. and G. H. their Executors or Assigns or to one or more of them in the behalf of the rest such shares parts and proportions as shall be made or grown of and for the said Ship Furniture and Victual as also of all prizes by her to be taken rateable and proportionable according to the gradual rate of a greater or lesser sum or share that shall be had or received by any other Owner or Part-owner or Adventurer in or of the said Ship Furniture and Victual In witness c. Another upon a Man of War and several other Ships taken into consortment with her 11. TO all c. whereas I the said A. B. have Recital of the intended voyage prepared victualled and fitted to sail for a Voyage to the East-Indies as a Man of War in case of Reprizal a good Ship called the Mary of London and certain other Ships by me after to be taken into consortment with her by and under the power and vertue of a certain Commission to me made and granted by and from c. constituting and appointing me Admiral and General of the said Fleet and for and towards the furnishing fitting victualling arming and setting forth to Sea of the said Ships I the said A. B. before the ensealing and delivery of these presents have had and received of and from E. F. Of the adventure of c. the sum of fifty pound sterling upon the adventure of the said Ship and Ships in the said Voyage And the said E. F. is contented to adventure the said sum of Money upon the said Ship and Ships during the said Voyage in the same manner and form as other adventurers do 12. Now know ye that I the said A. B. That the adventure shall have his proportion have covenanted granted and agreed and do by these presents for me mine Executors and Administrators covenant grant and agree to and with the said E. F. his Executors and Administrators and every of them That he the said E. F. his Executors and Administrators for and in consideration of the said sum of fifty pound so by him adventured as aforesaid shall have and receive to his and their own use and uses such a ratable part share and proportion as other Adventurers on the said Ship and Ships are to have or shall have in all and every such prize and prizes goods Iewels Money and other things whatsoever which shall be had taken obteined attached atchieved or gotten either by Sea or Land during the said Voyage or by reason thereof by or with the said Ship or by or with any other Ship or Ships Vessel or Vessels that shall be in consortment or fellowship with her or by the means of them or any of them in or during the said Voyage or which shall be to the said Ship or Ships or any of them by reason or means of the Voyage aforesaid appertaining or belonging as according to the just rate and proportion of fifty pounds the same shall amount unto the due and necessary charges pertinent and belonging to the said Voyage being out of the whole first deducted In witness c. The Form of a Bill of Bottombry 18. TO all c. I A. B. Owner and Master of the good Ship called the 1. of London of the burthen of One hundred Tuns or thereabouts now
riding at Anchor on the River of Thames within the Port of London and bound for a Voyage to St. Mallowes in France The Voyage and from thence to return back to London to make her discharge do send greeting in our Lord God everlasting The money intrusted upon the venture of the Ship 14. And whereas I the said A. B. at the ens●aling and delivery hereof am necessitated to take up upon the Adventure of the said Ship the sum of fifty Pounds of lawful Money of England for setting forth the said Ship to Sea and for furnishing of her with provision and necessaries for the said Voyage which said sum of fifty pound C. D. of London Merchant hath at my request supplied and lent unto me at ten pound for the said fifty pound during the said Voyage 15. Now know ye that I the said A. B. do The voyage for me mine Executors and Administrators covenant grant and agree to and with the said C. D. his Executors and Administrators by these presents That the said Ship shall with the first good Wind and Weather that God shall send after the tenth Day of this present Moneth of May depart from the said River of Thames and shall by Gods blessing directly as Wind and Weather shall serve proceed and sail unto St. Mallows in France and having there tarried until c. and the opportunity of a Convoy or being sooner dispatched which shall first happen shall depart from thence and shall be Gods blessing as Wind and Weather ●erve from thence directly sail return and come back to the River of Thames to finish and end her Voyage 16. And I the said A. B. do for the consideration To repay the Money lent aforesaid bind my self mine Heirs Executors Administrators Goods and Chattels and namely the said Ship with the Freight Tackle and Apparel of the same to pay unto the said C. D. his Executors Administrators or Assigns the sum of sixty pound of lawful Moneys of England within one and twenty Dayes next after the return and safe arrival of the said Ship in the said River of Thames from the said intended Voyage That he is Owner And I the said A. B. do for me mine Executors and Administrators covenant and grant to and with the said C. D. his Executors and Administrators by these presents That I the said A. B. at the ensealing and executing of these presents am true and lawful Owner and Master of the said Ship and have power and authority to charge and ingage the said Ship as aforesaid and that the said Ship shall at all times after be lyable and chargeable for the payment of the said sixty pound according to the true intent and meaning of these presents 17. And finally it is hereby declared and agreed If the ship miscarry the sixty pound to be lost that in case the said Ship shall be lost miscarry or cast away which God forbid before her next arrival on the said River of Thames from the said intended Voyage that then the said payment of the said sixty pound shall cease and determine and the loss thereof be wholly born and susteined by the said C. D his Executors and The Ship may be thus ingaged for security which is the surer way Administrators and that then and from thenceforth every matter and thing herein before conteined on the part and behalf of the said A. B. shall determine and be utterly void any thing herein before conteyned to the contrary thereof in any wise notwithstanding In Witness c. 18. And for the consideration aforesaid and for the better performance of all and singular the Premises on my Part to be done and performed according to the true intent and meaning of these presents I the said A. B. have bargained and sold and by these presents do bargain and self unto the said C. D. his Executors and Administrators all the said Ship and the Tackle Ammunition Ordinance Apparel and Furniture thereunto belonging 19. And the said A. B. for himself his Executors That he is Owner and Administrators doth covenant and agree to and with the said C. D. his Executors and Administrators by these presents that he the said A. B. at the Time of the ensealing hereof is the true and lawful Owner of the said Ship and Premises and that the same and every part thereof now are and be and so in case any default of payment of the said sixty pound or any part thereof contrary to the agreement aforesaid shall from Free from former sa●es c. henceforth for ever be free and clear and freely and clearly discharged of and from all and all manner of former and other bargain and sales ti●les troubles charges and incumbrances whatsoever Proviso to make void upon payment c. 20. Provided nevertheless and upon Condition that if the said A. B. his Executors or Administrators shall well and truly pay or cause to be payed unto the said C. D. his Executors Administrators or Assigns the said sixty pound and every part thereof according to the intent and true meaning of these presents and likewise perform the Covenants herein before contained on his and their Part to be done and performed That then this present ba●gain and sale of the said Ship and Premises and every matter and thing therein con●eined shall cease and be void and of none effect to all intents and purposes Any thing herein before conteyned to the contrary thereof in any wise notwithstanding c. Aaother from of a Bill of Bottombry with a Bond thereupon 21 TO all c. A. B. of c. Mariner Master and Part-owner of the good Ship or Vessel called the F. of London of the burthen of two hundred Tuns or thereabouts now riding at anchor on the River of Thames within the Port of London do send greeting in our Lord God everlasting Whereas the said Ship is now bound out upon a voyage from the said Port unto the Island of Barbadoes and from The Voyage thence if occasion shall be to the Island of May and so to return back again to the said Island of Barbadoes and from thence to London to end her Voyage 22. Now know ye that I the said A. B. for me mine Executors and Administrators do Covenant and grant to and with C. D. of c. who The sum delivered before the ensealing hath payed and delivered unto me the said A. B. the sum of one hundred pounds of lawful mony of England and is contented and agreed to stand to and bear the adventure of the said sum upon the body of the said Ship during the said voyage and to and with his Executors Administrators and Assigns by these presents That the said Ship with the first good When to begin and end her Voyage wind and weather that God shall send from and after the twentieth day of c. next ensuing the date hereof shall depart from the said River
of Thames upon the said intended voyage and that she shall by Gods grace the perils and dangers of the Sea and restraint of Princes and Rulers excepted be returned unto the River of Thames from her said voyage before the expiration of fourteen Months to be accounted from the date of these presents And that the said Ship in her said intended voyage shall not sail or apply her self unto any other Ports or places Not to sail to other Ports than are mentioned than those that are before mentioned herein unless she shall be necessitated thereunto by extremity of weather or some other unavoidable accident 23. That I the said A. B. mine Executors Administrators of Assigns shall and will well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns at c. the sum of one hundred and thirty pounds of The payment of the freight or hire and how like lawful mony of England in respect of the adventure aforesaid if the said Ship shall go from thence onely unto the said Island of Barbadoes and so from thence return to London to end her said intended voyage and the sum of one hundred and forty pound of like moneys if the said Ship shall go from hence unto the said Island of Barbadoes and from thence to the said Island of May and so return again to the Island of Barbadoes and from thence to London to end her voyage And that within one month after the return of the Hull or Body of the said Ship unto the River of Thames from the said Voyage 24. Provided alwaies nevertheless and it Proviso to make void repayment c. if this be lost is the true intent and meaning of these presents and of all the parties hereunto That if the said Ship in this present intended Voyage shall happen to be lost miscarry or be taken by Men of War or Pirats which God forbid that then this present Writing or Deed and every Covenant payment matter and thing therein contained on the part and behalf of the said A. B. to be done payed and performed shall be utterly void and of none effect And that then I the said A. B. my Executors or Administrators shall not be any waies chargable or lyable to pay the said several sums before mentioned or either of them or any part of them to the said C. D. his Executors Administrators or Assigns but that he and they are to lose the same and every part thereof Any thing herein before contained to the contrary hereof in any wise notwithstanding 25. And it is agreed by and between the Not to run any longer hazard than fourteen months said Parties to these presents That in case the said Ship shall not be returned into the said River of Thames from the said intended Voyage at the end of fourteen months to be accounted from the day of the date of these presents and that at the end of the said fourteen months there shall not be a just proof made of her loss happening within the time aforesaid That then I the said A. B. mine Executors Administrators or Assigns shall and will within twenty daies next after the end and expiration of the said fourteen months well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns at the place of payment aforesaid the said sum of one hundred and thirty pound in case the said Ship shall not go unto the Island of May aforesaid and the said sum of 140 pound in case the said Ship shall go unto the said Island of May as aforesaid And that the said C. D. shall not run the hazard and adventure of the said sum by him adventured as aforesaid upon the body of the said Ship any longer than fourteen months to be reckoned and accounted as aforesaid The Condition of a Bond upon the same 26. THe Condition of this Obligation is To perform Covenants c. in the bill contained such That if the above-bounden A. B. his Executors Administrators or Assigns shall and do well and truly observe perform pay fulfil and keep all and every the Covenants Grants Articles Payments and Agreements and all things which on his or their parts and behalves are or ought to be observed performed payed fulfilled and kept mentioned and conteined in a certain Writing or Bill of Bottombry or adventure of the Date above written made by and from the said A. B. by the name of A. B. of c. Master and Part-owner of the good Ship called the F. of London of the burthen of Two hundred Tuns or thereabouts now riding at Anchor in the River of Thames unto the above named C. D. in and by all things according to the purport and true meaning of the said Writing or Bill of Bottombrie or adventure that then c. Or there may be a sale of the Ship by a collateral Deed for better security with this following Proviso in it 27. Provided alwaies nevertheless That To perform Covenants c. if I the said A. B. mine Executors and Administrators shall and do well and truly observe perform pay fulfil and keep all and every the Covenants Grants Articles Payments Agreements and other things which on our or any of our Parts are or ought to be observed performed payed fulfilled and kept mentioned and conteined in a certain Writing or Bill of Adventure of the Date of these presents made by me the said A. B. unto the said C. D. That is to say in and by al things according to the tenor and true meaning of the said Writing or Bill of Adventure That then and from thenceforth this present Writing and the Grant Bargain and Sale hereby made of the Premises and every Covenant Matter and Thing herein conteyned shall be utterly void and of none effect Any thing herein before contained to the contrary hereof in any wise notwithstanding In witness whereof c. An Assurance of Goods outward bound 28. IN the name of God Amen We it known What is assured unto all men by these presents That I A. B. of London Gentleman do by these presents assure unto C. D. and E. F. the sum of Thrèe hundred and fifty pound sterling being the full price and value of goods for and on the behalf of the said C. D. and E. F. laden and to be laden aboard the good Ship called the Elizabeth of London of the burthen of One hundred Tuns or thereabouts the Master of the said Ship being now T. B. or whosoever else shall go as Master of the said Ship and out of the Port of London To what Place unto the Island of c. in the Parts beyond the Seas then the said Ship to be arrived and the goods discharged and layd on land in good safety And that this present writing of Assurance shall be of as good force and strength to all intents and purposes as if I the said A.
B. had been bound by Policy of Assurance either ordinary or extraordinary made in the Office of Assurance in the Royal Exchange London 29. And I do hereby acknowledg my self Binds himself to bear the loss fully satisfied and payed for this Assurance by the hands of the said C. D. after the rate of five pound sterling per cent And therefore I the said A. B. do bind my self mine Executors and Administrators firmly by these presents That if by any misfortune which God forbid the goods and merchandizes aforesaid so laden or to be laden outwards bound in the said Ship should perish in the said Voyage in Part or in all to pay or cause to be payed unto the said C. D and E. F. their Executors Administrators or Assigns the full sum of Three hundred and fifty pound of lawful Money of England or so much thereof as shall be proved to be lost of the said goods within the space of six Months after notice given and proof made of the said loss In witness A Letter of License from Creditors to a Debtor and Composition made 30. THis Indenture made between A. B. C. The Debt and Estate to pay them D. and E. G. Creditors of E. F. late of c. on the one Part And G. F. of London Widow on the other Part. Whereas the said E. F. at and before the time of his decease was indebted unto the said Creditors in divers and several sums of Money All which they the said Creditors have hitherto patiently forborn And whereas the said G. F. hath since her said Husbands Death perused and examined the estate of her said Husband And finding through divers losses sicknesses and other casual hindrances which enforced her said Husband to impair and lessen the same that the same is far short to give unto the said Creditors a full satisfaction of Forborn Administration their just and due debts hath hitherto forborn to take forth Letters of Administration of the goods chattels and estate of her said Husband as to her properly did belong according to the form and due course of the Laws of this Realm and the said G. F. having called the said Creditors together and acquainted them with the Premises and with the weakness of her said Husbands Estate 31. They the said Creditors by and with Recital of what they accept in Part. one assent and consent were and are willing content and pleased to accept of ten shillings in the pound for their said Debts upon security of her the said G. F. and to be payed at such Dayes and Times and in such manner and form as hereafter is limited expressed and declared and thereupon Leave to administer have given and do by these presents give their full leaves consents and approbations that she the said G. F. shall and may have and take out in her own name Letters of Administration of the Goods Chattels and Personal Estate of her said deceased Husband and that without the interruption or disturbance of them or either of them 32. Now this Indenture witnesseth That Covenant to accept bonds at ten shillings a pound they the said Creditors herein before named do by these presents for them severally and respectively that is to say every of them for himself his Executors and Administrators and not joyntly nor one of them for the other covenant promise and grant to and with the said G. F. her Executors Administrators and Assigns That if the said G. F. her Executors or Administrators do or shall upon or before the c. next ensuing the Date of these presents become bound in several Obligations good and sufficient in the Law in several reasonable penalties unto the said several Creditors before named severally to be conditioned for the payment unto them the said several Creditors their several Executors Administrators or Assigns of the sum of ten shillings of lawful Moneys of England for every pound or twenty shillings of their due and principal Debts by the said E. F. owing respectively as aforesaid not accompting any interest for the same or any part thereof at or in mention the place of payment That is to say on the c. and shall leave the said several Obligations being duely sealed and executed by the said G. F. and each of the said Bonds attested by two Witnesses at the least who are to subscribe their names thereunto safe and uncancelled at c. mention with whom to be left unto or for the said several Creditors That then the said Creditors to or for whom the said Obligations shall be so made and left as aforesaid shall accept severally of the said Obligations and Securities as a full satisfaction of all their several Debts so owing unto them by the said E. F. as aforesaid 33. And shall and will also at the costs and To seal discharges charges of the said G. F. her Executors or Administrators several seal and as their several acts and deeds deliver unto or for the use of the said G. F. several Acquittances and Discharges in writing sufficient in the Law thereby acquitting and releasing as well the said E. F. his Executors and Administrators as also the said G. F. her Executors and Administrators of all Debts Bonds Bills Claims and Demands whatsoever from the beginning of the world until the Day of the Date of these presents 34. And the said Creditors severally and respectively If any do arrest or molest they lose their Debts every one by and for himself his Executors and Administrators and not joyntly nor one of them for the other do covenant and grant to and with the said G. F. her Executors and Administrators and every of them by these presents That if either the said G. F. her Executors or Administrators or her or their Goods or Chattels or the Goods or Chattels late her said deceased Husbands or any of them shall at any time or times hereafter until or before the said Day of c. be arrested attached molested or troubled by the above named Creditors or any of them or by any other person or persons by their or any of their means or procurement or in their or any of their right or rights for or by reason of any Debt or Debts so to them or any of them owing by the said E F. at the time of his decease That then and from thenceforth she the said E. F. her Executors and Administrators shall be acquitted released and discharged against him or them by whom she the said E. F. her Executors or Administrators her their or any of their Goods or Chattels shall be so arrested attatched molested or troubled of and from all Debts Actions Claims and Demands whatsoever from the beginning of the world until the Day of the Date of these presents and that these presents to be pleaded shall be a sufficient barr and discharge in that behalf against him or them of the said Creditors his or their Executors or Administrators
said Goods so to be appraised as the same shall be valued And that he or they of them to whose Lot the said Goods shall happen to fall his or their Executors or Administrators shall accept receive and take the same And also shall within six Months then next following satisfie and pay or cause to be satisfied Lots cast which of them shall have the goods and pay a Moyety to the other Division of debts and payed unto the other of them the said Copartners his Executors or Administrators the Moyety or half Part of all such Money as the said Goods shall be valued and appraised at at or within the Brew-house before mentioned without any fraud or covin And shall also then make equal division between them of the Money then belonging to the said Copartnership and also of the debts then owing to the said Copartners for or in respect of the said partible Stock or Trade and of all and singular other the things now intended or expressed by these presents to be partible and divided between the said Parties to these presents in respect of the said Copartnership or otherwise thereof to deal and dispose as then they shall find to be most behooveful for them 105. And further that within convenient Another way of account and division time after the giving over ending or determination of this Copartnership intended by these presents the said Parties or the Survivor of them his Executors and Administrators shall and will upon reasonable request therefore to be made the one of them to the other of them if they be both living or if either of them shall be deceased then to the Executors and Administrators of the said Party deceased a true plain and perfect Account in writing of the said whole Stock Gains Debts Credits and all other things which shall be then in Copartnership between them or belonging to the said partible Stock and Trade and within six Months after the end determination or expiration of the said Copartnership be it howsoever shall make an equal and indifferent separation and division of all the said partible Stock Gains Debts and other the said premisses intended or exprest to be in Copartnership and assign allot and allow or cause to be assigned allotted and allowed one of them to the other of them the said Parties ●r if either of them be deceased then to the Executor●● Administrators or Assigns of the deceased Copartner the moiety of the aforesaid Messuages or Tenements and so much of the said whole part and portion of the said Stock and Gains and of all and singular other the premisses which are expressed or meant to be in Copartnership as to any of the said Parties shall be due and appertaining or of right belonging for his port property and portion of and in the same according to the true intent and meaning of these presents first deducting and defalking so much as shall and may satisfie all the Debts which they the said Parties or any of them shall owe or be indebted for or in respect of the said partible trade or dealing 106. And that the Survivor of the said Survivor to gather in debts Parties his Executors and Administrators shall do his and their best endeavour to collect and gather in all the Debts which were or shall be owing to the said Copartners or any of them in respect of the said partible Stock or Trade and after defalcation made of so much either in goods stock mony or otherwise as shall suffice to satisfie and pay the Debts which shall be then truly owing by them or either of them in respect of the said partible Stock Trade or Dealing shall as the said Debts or any part thereof shall be had or received make payment of one half part thereof necessary Charges in suing for and getting in of the same being first deducted and allowed to the Executors Administrators or Assigns of such of t●e said Parties as shall first happen to decease To assign to Executors of Party dying part of the Debts c. 107. And that the said Survivor his Executors and Administrators if it be requested of him or them for all the residue of Debts and things whatsoever which are or shall be owing or belonging to them or any of them according to the true meaning of these presents in respect of the said intended Copartnership whereof the Executors Administrators or Assigns of the said Copartner first deceased as is aforesaid shall not have had and received his and their part shall and will make and deliver to the Executors Administrators or Assigns of the first deceased Copartner at his and their own proper Cost and charges such assignment conveyance and assurance of such part thereof as to the Executors or Administrators of such Copartner so first deceasing in truth ought to belong as by the Executors Administrators or Assigns of the said first deceased Partner or the learned Counsel in the Law of them or any of them shall be reasonably devised or advised 108. And moreover it is Covenanted All things transacted to be in both their Names granted and agreed by and between the said Parties to these presents That all such Malt Hops Coals Beer and other thing and things whatsoever which at any time or times hereafter shall be bought or sold used or imployed in or about the said joynt trade or occupying shall be had and done by the joynt consent of the said Parties if the same conveniently may be done and not otherwise And that all and every person and persons that shall hereafter become Debtor or Debtors to or for the said principal Stocks or any part thereof or for any Beer or other things that shall arise come grow or increase thereby or be sold out of or for the same or the proceed thereof shall be made debtors to both the said Parties for the same according to the true intent and meaning of these presents And that all Bonds Bills Assurances and Securities that shall be made or taken for any Beer or other Debts or for or concerning the true or good service of any Clerk or Clerks or other Servant or Servants which shall be put in trust to serve in the affairs of the said Brew-house or joynt Trade shall be made and taken to both the said Parties and in both their Names and shall be delivered and safely kept to both their uses And that neither of the said Parties without the consent of the other of Acquittances them his Executors or Administrators shall make seal or deliver any Acquittance or Acquittances Release or Releases Discharge or Discharges whatsoever to any person or persons their Executors or Administrators which is or shall be Debtor or Debtors for the said stock or any part or parcel thereof or for any Mony thereunto to be added or put to the increase thereof or that thereupon or by means thereof shall arise come or grow of for or concerning any Bond or Assurance as
of Mony which shall be thereunto hereafter added or put without the consent and agreement of the other of them his Executors Administrators or Assigns first thereunto had and obtained and that such of them as by such consent as is aforesaid shall at any time or times take any thing out of or from the said Stock or other sum or sums of Mony thereunto to be added or put or the proceed thereof shall immediately enter into a Book for that purpose to be kept the sum or quantity by him or them so taken out and the day and year when they took the same to the end that the other of the said Parties his Executors Administrators or Assigns may take notice thereof 114. And also that all such sum and sums Charges and losses equally to be divided of Mony as shall be from time to time hereafter during the said term or space of ten years be laid out or disbursed by the said A. B. and C. D. or either of them in about or concerning the buying and providing of Coals or any other fiting to be spent onely in and about the Trade and Profession aforesaid and that all such charges and expences as shall be expended or laid forth in and about the keeping and maintaining of any Servant or Servants Horse or Horses to be imployed onely about the Art trade or profession aforesaid for the equal benefit and advantage of the said Parties to these presents shall be equally paid laid out and disbursed by and between the said A. B. and C. D. their Executors Administrators and Assigns part and part like And that losses and dammages which shall happen to come or grow either by evil or bad Debtors or by any other casualty whatsoever so as it be not through the wilful negligence or deceit of either of the said Parties their Executors Administrators or Assigns and all Taxations Impositions and other Duties to be charged and imposed upon the said Parties or either of them or either of their Executors or Assigns by reason or means of this their joynt trade or dealing shall be equally and indifferently born paid and discharged by and between the said A. B. and C. D. their Executors Administrators and Assigns out of their several parts of the gains and profits hereafter from time to time to be gotten by means of using the Art Trade or Profession aforesaid part and part like 115. And also that they the said A. B. and To keep true Books of Account C. D. and either of them for himself his Executors Administrators and Assigns respectively doth Covenant grant and agree to and with the other o● them his Executors Administrators and Assigns by these presents in manner and form following that is to say That they and either of them shall and will so near as they may or can from time to time during the term of years before-mentioned keep or cause to be kept just and perfect Books of Account and Reckoning in writing to the uttermost of their several knowledge of all the Payments Receipts and Debts to or from them due or owing and of the Gains Losses and all other things touching or concerning this their joynt trade or dealings which Books shall be extant from time Free access to them to time and at all convenient times for the Parties aforesaid or their Assigns to peruse and examine at their and either of their free wills and pleasures And that once in every quarter of Once every quarter to account together a year upon request to be made by one of the said Parties to the other of them during the said term that is to say at the Feasts of c. or oftner if need shall be they the said Parties shall joyn in Reckoning and Account together and make and deliver up either of them to the other of them to the best of their several knowledge true plain and perfect Account or Accounts in writing and concerning the said sum or stock of c. and all such other sum and sums of Mony as shall be thereunto hereafter added or put and of all other things in joynt trade and dealing between them and of all Gains and Losses arising thereby and all Debts to them due or owing or by or from them due or owing and of all Receipts Payments doings or dealings in or concerning their said joynt trade or dealing without any voluntary concealment withdrawing or unjust detaining of any of the said principal Stock or of any other sum or sums of Mony thereunto to be put or of any gains profit or Commodity which should or in any wise ought to arise or come to the equal uses of the said Parties by the true intent and meaning of these presents 116. And that upon every such Account and Accounts so from time to time in form aforesaid The cleer Gains to be divided upon the account to be made and passed all the clear gains profit and increase which shall be found upon the foot of any such Account or Accounts shall be immediately shared parted and divided in equal halves between the said Parties their Executors Administrators and Assigns that is to say The said A. B. his Executors Administrators or Assigns shall have and receive the one moiety or half part thereof and the said C. D. his Executors Administrators or Assigns shall have and receive the other moiety or half part thereof 117. And it is further Covenanted and agreed No advantage by Survivor by and between the said A. B. and C. D. And either of them doth severally and respectively Covenant grant and agree for himself his Executors Administrators and Assigns to and with the other of them his Executors Administrators and Assigns by these presents That if it shall fortune either of the said Parties to die or depart this life during the term of years above-specified before any separation or division shall be made between them of their said joynt dealings the other of them surviving that in such case no advantage by the Survivor of the said Parties his Executors or Administrators in right or in respect of his Survivorship shall hold or take place or be by him or them taken challenged or demanded but that such part and portion of in and to the said principal Stock and the gains and increase thereof which is or shall be due or belonging to such of the said Parties so deceasing at the time of his death shall come and be payed to the Executors Administrators or Assigns of the said deceased Party in such like and so large ample and beneficial manner and form as the same ought to have grown due or been payed or satisfied unto the said deceased Party himself if he had been living at the time of the surceasing or determination of the said Copartnership 118. And the said C. D. for himself his To be faithful Executors and Administrators doth Covenant and grant to and with the said A. B. his Executors
Administrators and Assigns by these presents in manner and form following that is to say That he the said C. D. shall and will at all times hereafter during the term of years before specified or continuance of this Copartnership deal uprightly truly and faithfully with the said A. B. his Executors Administrators or Assigns in all respects touching and concerning the using and exercising of the Art Trade or Profession aforesaid 119. And further that he the said C. D. Not to take up or lend upon Credit without the others consent shall not at any time or times hereafter during the term of years before-specified or continuance of this Copartnership take up upon Credit or for Time any Goods Wares or Merchandizes to be used or imployed in or about the said Art Trade or Profession of a Pewterer without the consent and agreement of the said A. B. his Executors Administrators and Assigns first had and obtained in that behalf Neither that he the said C. D. or his Assigns shall at any time or times hereafter during the term of years aforesaid or continuance of this Copartnership lend or credit out to any person or persons whatsoever any Wares Goods or Merchandizes which shall belong or be incident to the said Art Trade or Profession of a Pewterer and shall be belonging to their said joynt dealings without the like consent and agreement of the said A. B. his Executors Administrators and Assigns first had and obtained in that behalf 120. And furthermore that he the said C. The final Accompt D. his Executors Administrators or Assigns shall and will at the end and expiration of the said term of ten years or other sooner determination of this Copartnership not only make or cause to be made unto the said A. B. his Executors Administrators or Assigns a true just perfect and general Accompt and Reckoning in writing of his whole Dealing buying and selling whilst he shall have the use of the said sum or Stock of three hundred pounds or of any other sum or sums of Mony thereunto by the said A. B. to be added or put and also of all gains profit and increase that shall come and arise by reason of using and exercising the said Art trade and profession of a Pewterer and not before accounted for and satisfied But also upon the Deliver up Tools and Stock and half the gal●s same Account making shall and will well and truly deliver or cause to be delivered unto the said A. B. his Executors Administrators or Assigns all such Moulds and Tools as shall be then belonging to their said joynt Trade And shall and will then also truly pay or cause to be paid unto the said A. B. his Executors Administrators or Assigns the said sum or stock of Three hundred pounds and all such other sums of Mony as shall be thereunto added or put by the said A. B. his Executors or Administrators and the moiety or one half of all the gains profit and increase that shall be so risen or grown by using the said Art Trade or Profession of a Pewterer and which shall not before that time have been accounted for and satisfied for as aforesaid 121. And moreover that he the said C. D. To instruct the other in the Trade shall and will at all times hereafter and from time to time during the continuance of the said Copartnership at and upon the reasonable request of the said A. B. after the best manner that he can or may to the uttermost of his knowledge and skill teach and instruct the said A. B. perfectly to do and execute every thing which in any wise belongeth to his said Art Trade or Profession of a Pewterer 122. Provided alwaies and it is Covenanted To give over the Copartnership upon warning granted and mutually agreed upon by and between the said Parties to these presents And the said C. D. for himself his Executors and Administrators doth Covenant grant and agree to and with the said A. B. his Executors and Administrators by these presents That if it shall happen at any time hereafter during the said term of ten years that the said A. B. shall grow in dislike or shall be minded to give over and discontinue his joynt trading and dealing with the said C. D. And that the said A. B. do or shall give one half years warning of such his determination and purpose unto the said C. D. in the presence of two or three Witnesses at the least That then and from thenceforth all the Covenants Covenants to be void Grants and Agreements herein contained on the part and behalf of the said A. B. his Executors and Administrators to be performed and kept shall cease determine and be utterly void to all intents constructions and purposes in the Law whatsoever And that then also he the said C. D. shall and will at the end of the said To account six Months so limited to be given for warning as aforesaid make and give up unto the said A. B. his Executors and Administrators such a true just perfect and general account as is above-mentioned and also upon and after the said Account made shall and will well and truly deliver or cause to be delivered unto the said A. B. his Executors Administrators or Assigns all such Moulds and other Tools as shall be then belonging to their said joynt trade and dealing and shall and will then also truly pay or cause to be paid unto the said A. B. his Executors or Administrators To pay the stock and half the profits the said sum or stock of three hundred pounds and all such other sums as shall be thereunto hereafter added or put by the said A. B. his Executors Administrators or Assigns and the moiety or one half of all the gains profit and increase that shall be so arisen and grown by reason of using the said Art trade or profession of a Pewterer and which shall not before that time have been accounted for and satisfied as aforesaid In witness c. CAP. IV. Containing several forms of Instruments used between Merchants and Traders at and after the dissolution of Copartnership An Indenture containing several Covenants upon the separation of Copartnership 1. THis Indenture made c. Between Recital of former Copartnership and Debts arising thereby A. B. of the one part and C. D. of the other part Whereas the said Parties to these presents have been of late Copartners together in the Trade of c. which they used and by reason of the same joynt trade and dealing divers Debts have been incurr'd and made and are yet still due and owing upon the sale of Goods and Wares and also the said Parties are and stand ingaged and indebted at present unto divers of their Creditors in divers and sundry sums of Mony 2. And whereas also the said Parties Recital of the separation upon divers good considerations them thereunto moving have concluded and agreed to separate
Reckoning touching the same or any of them and also of and from all such Costs and charges losses and damages as shall be awarded or judged against the said A. B. his Heirs Executors or Administrators for or upon any Suit or Non-suit which hereafter shall happen to come or arise for or concerning the said Debts or any of them or any part thereof In witness c. Another form where one assigns his part to the other 10. THis Indenture made c. Between A. Recital of tho Copartnership B. on the one part and C. D. on the other part Whereas the said A. B. and C. D. by their Indenture of Copartnership bearing date c. for the consideration in the said Indenture specified did condescend conclude and agree to become and continue joynt dealers and Copartners together in the Art and Mystery of c. in buying selling and uttering of c. and all other Wares Commodities and Merchandizes belonging or commonly used to and with the said Trade for the term of c. from the Feast Day of c. if the said A. B. and C. D. should so long live and unless they the said A. B. and C. D. should otherwise agree together as by the said Indenture of Copartnership relation being thereunto had more fully and at large it doth and may appear 11. And whereas the said A. B. and C. D. The dissolution of it by their mutual consent free will and agreement and for very good causes and considerations them thereunto moving have thought fit to d●ssolve and break off the said Copartnership and from henceforth to become no Copartners together 12. Now this Indenture witnesseth That The one assigns his part to the other it is Covenanted concluded and fully agreed by and between the said Parties for and concerning the Premisses in manner and form following And the said A. B. for and in consideration of a certain sum of Mony to him in hand payed at the ensealing and delivery of these presents by the said C. D. the Receipt whereof he the said A. B. doth hereby acknowledge Hath granted assigned set-over remised and released and by these presents doth grant assign set-over remise and release unto the said C. D. his Executors and Administrators all and every such part portion and share as he the said A. B. hath may might or ought to have of in and to all and singular the Goods Chattels Houshold-stuff Wares Merchandizes Debts Books Obligations Specialties Bills obligatory sum and sums of Mony and other things whatsoever incident or belonging to the said late Copartnership or joynt dealing in any manner of wise And also all his Estate Interest Right and Demand therein or in or to any part thereof together with all such benefit and commodity as he the said A. B. might or ought to have had taken or received upon for or by reason of the said Bills Bonds Books Obligations or Specialties belonging or relating to the said Copartnership 13. And the said A. B. doth by these presents To enjoy for himself his Executors and Administrators Covenant and agree to and with the said C. D. his Executors Administrators and Assigns That it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns to have keep receive and enjoy to his and their own use as well all and every the Goods Chattels Houshold-stuff Wares and Merchandizes belonging to the said late Copartnership as also all and every such Debts Duties sum and sums of Mony as shall be had received obtained or gotten by virtue of the said Books Bills Bonds Obligations or Specialties or any of them or any Suit Iudgment Process or Execution thereupon to be commenced pursued had or taken without the let trouble or contradiction of the said A. B. his Executors Administrators or Assigns and without any account thereof or of any part thereof to be rendred or yeilded to the said A. B. his Executors Administrators and Assigns or any of them 14. And further that he the said A. B. hath Not to receive or release Debts not received heretofore any sum or sums of Mony belonging to the said late Copartnership other than such as are already allowed upon account nor hath released or discharged nor that he his Executors or Administrators shall or will hereafter receive release discharge or make frustrate all or any of the said Debts Duties sum or sums of Mony Bonds Specialties or Demands due or to be due by virtue of the said Bills Books Specialties Obligations or Agreements or any of them other than such as are allowed upon account as aforesaid without the consent or agreement of the said C. D. his Executors Administrators or Assigns first had and obtained in writing under his or their hands 15. Nor shall voluntarily or willingly Not to discharge c. any Action discontinue disavow suffer to be non-suited or make any retraxit or otherwise discharge hinder or delay any Action Suit or Plaint whatsoever which he the said C D now hath or shall at any time commence presecute or pursue in the Name of the said A. B. or in the Names of the said A. B. and C. D. for the recovery or obtaining of the Debts Duties sum or sinns of Mony or Demands or any of them belonging to the said joynt trade or dealing 16 But that he the said A. B. his Executors To justifie Actions brought Administrators and Assigns shall and will from time to time and at all times hereafter upon the reasonable request and at the Costs of the said C. D. his Executors Administrators and Assigns justifie maintain avow and allow all and every such Actions Suits Plaints and Arrests as he the said C. D his Executors Administrators or Assigns shall conunence sue or prosecute or cause to be commenced sued or prosecuted for the recovery levying obtaining or getting in of all or any the Debts and sum and sums of Mony belonging to the said late Copartnership ratifying and confirming all and every lawful acts matters and things whatsoever which he the said C. D. his Executors Administrators or Assigns shall commence or prosecute for the recovery getting in and obtaining of the said Debts Duties sum and sums of Mony or any of them 17. And the said C. D. for himself his Executors To save harmless c. and Administrators doth Covenant and grant to and with the said A. B. his Executors and Administrators by these presents That he the said C. D. his Executors and Administrators shall and will from time to time and at all times hereafter well and sufficiently acquit and discharge and save harmless and indempnified the said A. B. his c. of and from all and all manner of Troubles Damages Arrests Costs Charges and Incumbrances whatsoever which shall or may arise or happen to be had recovered or obtained against the said A. B. for by reason or means of any Action Suit Process or Plaint
which the said C. D. his Executors Administrators or Assigns now hath or shall or may hereafter commence or prosecute or cause to be commenced or prosecuted against any person or persons for the recovery getting in or obtaining any of the said Debts Duties or Demands aforesaid or for any Debts Duties sum or sums of Mony or any thing whatsoever touching the said Copartner-ship now owing or which shall hereafter be due or payable by the said C. D. and A. B. or either of them to any person or persons whatsoever for or by reason of any Wares taken-up upon Credit by him the said C. D. and not charged upon the said partible account wherewith or whereby the said A. B. shall or may be charged or chargable In witness whereof c. Another being a Partition of Debts between a Copartner and the Executors of the other 18. THis Indenture made c. Between A. B. Recital of the former Partnership of the one part and C. D. of c. Son and Heir of E. D. late Citizen of London deceased and Executor of the last Will and Testament of the said E. D. on the other part Whereas the said A. B. and E. D. in the life time of the said E. D. did deal and trade together as joynt Partners and occupyers in the Trade of c. and other Merchandizes and in buying selling and Merchandizing and by reason thereof divers and sundry sum and sums of Mony by divers and several persons became due and payable to them joyntly as Debts joyntly owing unto them the said A. B. and C. D. And whereas the said A. B. and E. D. in the life time of the said E. D. by agreement between them did sever part and divide between them divers Debts due and owing Debts formerly divided and received unto them in such manner and form as in and by a certain pair of Indentures bearing Date c. and certain Schedules thereunto annexed made between the said A. B. of the one part and E. D. of the other part more plainly it doth and may appear since which time divers of the said Debts have been received and compounded for as well by the said A. B. and E. D. in the life time of the said E D. as also by the said C. D. and A. B. since the decease of the said E. D. 19. And whereas divers and sundry sums of Recital of remaining Debts unpaid Mony remained then and are yet unpaid and compounded for And for the better recovery thereof and for the continuance of Peace and amity between them They the said A. B. and C. D. have equally divided those Debts yet remaining unpaid or compounded for as in and by two Division of them several Schedules thereof made the one called the first Schedule wherein the Debts Duties sum and sums of Mony and Demands yet due and unsatisfied now allowed and appointed unto the said C. D. are contained and mentioned and the other called the second Schedule wherein the Debts Duties sum and sums of Mony and Demands yet due and unsatisfied and now appointed unto the said A. B. are likewise contained and mentioned as by the said Schedules hereunto annexed it doth and may appear 20. Now this Indenture witnesseth That it is Covenanted granted concluded and fully agreed by and between the said Parties for and concerning the Premisses in manner and form Assignment of Debts by A. B. to C. D. following And first the said A. B. for him his Executors and Administrators doth by these presents grant assign and set-over remise and release unto him the said C. D. his Executors and Administrators all and every the Debts Obligations Bills obligatory and several sum and sums of Mony in the said Schedule annexed to this present Indenture called the first Schedule mentioned and expressed and all his part portion interest right and demand therein or thereto with all such benefit and commodity as the said A. B. can or may lawfully take or receive upon or by reason of the said Obligations Bills Debts or Demands contained or mentioned in the said first Schedule allotted as aforesaid unto the said C. D. 21. And further the said A. B. doth by these Makes assignee Attorny to sue presents constitute and appoint in his place and stead put the said C. D. during his life and after his death the Executors or Administrators of the said C. D. to be lawful Attorney or Attorneys irrevocable for and in the name of the said A. B. during his life and after his decease for and in the name of his Executors and Administrators to ask take sue for recover and receive all and every the said Debts in the said first Schedule mentioned of the particular Parties therein mentioned or any of them their or any of their Executors or Administrators 22. And the said A. B. for him his Executors Power given to recover and Administrators doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That it shall and may be lawful to and for the said C. D. during his life and to and for the Executors or Administrators of the said C. D. after his death at the only Costs and Charges of the said C. D. his Executors and Administrators in the Name of the said A. B. during the life of the said A. B. and after his death in the Name or Names of the Executors or Administrators of the said A. B. to commence and prosecute any Action or Actions Suits or Plaints for the recovery and getting in of all or any the Debts Duties or Demands in the said annexed Schedule called the first Schedule mentioned or contained against all or any the Debtors therein named their or any of their Executors or Administrators and the same at the Cost and charges of the said C. D. his Executors or Administrators to prosecute and pursue until Iudgment and Execution thereupon shall be had and taken And all such sum and sums of Mony that shall upon or by reason of any Suit or Suits Plaint or Plaints happen to be recovered had levyed and received it shall and may be lawful to and for the said C. D. his Executors and Administrators to have and take to his and their own use and uses without any account to be thereof yielded or rendred to the said A. B. his Executors and Administrators or any of them ratifying and by these presents confirming all and every action and actions act and acts thing and things which the said C. D. his Executors or Administrators shall lawfully make do commit or execute or cause to be made done committed or executed in and about the premisses for and touching the said Debts in the said first Schedule mentioned 23. And the said A. B. for himself his Executors Not to Release and Administrators doth by these presents Covenant and grant to and with the said C. D. his Executors and Administrators That he the
said A. B. hath not heretofore released or discharged nor that he his Executors or Administrators shall or will hereafter release or discharge all or any the Debts Duties sum or sums of Mony or Demands in the said Schedule called the first Schedule mentioned without the consent or agreement of the said C. D. his Executors Administrators or Assigns first had and Not to discontinue any Action obtained in writing under his or their hands in that behalf Nor voluntarily or willingly discontinue disavow or be Non-suited in or make any retraxit or other discharge to hinder or delay any Action Suit or Plaint which the said C. D. his Executors Administrators or Assigns shall at any time commence sue or prosecute for the Recovery getting in or obtaining the said Debts and sums of Mony in the said Schedule called the first Schedule mentioned and contained or any of them 24. But that he the said A. B. his Executors To justifie Actions and Administrators shall and will from time to time and at all times hereafter justifie maintain avow and allow all and every such Actions Suits Plaints and Process which he the said C. D. his c. shall at any time hereafter commence sue forth or prosecute at the cost and charges of the said C. D. his Executors Administrators or Assigns against any person or persons for the recovery or getting in of all or any of the said Debts and sums of Mony in the said Schedule called the first Schedule annexed to these presents contained and expressed 25. And the said C. D. for him his Executors To discharge c. the other and Administrators doth by these presents Covenant and grant to and with the said A. B. his Executors and Administrators That he the said C. D. shall and will from time to time and at all times hereafter sufficiently acquit discharge and save harmless the said A. B. his Executors and Administrators and every of them of and from all and all manner of damages troubles suits arrests costs and charges whatsoever which shall be taxed upon or happen to be had brought recovered or obtained against the said A. B. his Executors or Administrators Goods Chattels or Lands for or by reason of any Action Suit Plaint Process Iudgment Arrest or Execution which the said C. D. his Executors Administrators or Assigns shall hereafter bring commence pursue or prosecute or cause to be brought commenced pursued or prosecuted against any person or persons in the said Schedule called the first Schedule mentioned or contained 26. And the said C. D. for the consideration Assignment of Debts by C. D. to A. B. aforesaid doth grant assign and set-over remise and release unto the said A. B. his Executors and Administrators all and every the Debts Obligations and Bills obligatory and several sums of Mony Duties and Demands in the said Schedule called the second Schedule annexed to this present Indenture and allotted to the said A. B. as aforesaid contained and expressed and all Writings and Specialties whatsoever touching or in any wise concerning the same or any of them and all his part portion interest and demand of in and to the same or any part or parcel thereof together with all such benefit and advantage as the said C. D. his Executors or Administrators can or may lawfully have take or receive upon or by reason of any of the said Debts Duties or Demands contained or expressed in the said Schedule called the second Schedule annexed to these presents And that all and every the said several sums of Mony in the said Schedule called the second Schedule mentioned and contained shall be and remain fully and wholly and to the sole and proper use of the said A. B. his Executors Administrators and Assigns without the let trouble or contradiction of the said C. D. his Executors Administrators or Assigns and without any account to be rendred or yeilded unto the said C. D. his Executors Administrators or Assigns for or in respect of the same 27. And the said C. D. doth Covenant promise Not to release the Debts c. and grant for himself his Executors and Administrators to and with the said A. B. his Executors and Administrators by these presents That neither the said E. D. in his life time nor the said C. D. since his decease have not heretofore received released or discharged nor that the said C. D. shall or will at any times hereafter receive release or discharge the said Debts Duties sum or sums of Mony and Demands or any of them in the said Schedule called the second Schedule mentioned and allotted unto the said A. B. for his part as aforesaid of the premisses without the consent of the said A. B. his Executors Administrators or Assigns first thereunto had and obtained in writing under his or their hands nor shall or Not to delay any Suit will voluntarily or willingly discharge hinder or delay any Action Suit or Plaint whatsoever which the said A. B. his Executors Administrators or Assigns shall at any time hereafter commence sue or prosecute for the Recovery getting in or obtaining of all or any the said Debts or sum or sums of Mony or Demands in the said Schedule called the second Schedule mentioned or contained 28. And whereas the said Debt Books Covenant to deliver up the Bonds c. and shew forth the Shop-Books and other Books Bills Bonds Obligations and Specialties wherein the Debts Duties and Demands before-mentioned and wherein or whereby any Wares or Merchandizes were sold or delivered to the persons in the said last mentioned Schedule named or contained are now in the hands or possession of the said C. D He the said C. D. doth Covenant for him his Executors and Administrators with the said A. B. his Executors Administrators and Assigns that he the said C. D. his Executors or Administrators shall and will within two Months after the da●e of these presents deliver or cause to be delivered unto the said A. B. his Executors Administrators or Assigns safe whole and uncancelled and unde●aced all and every the Bonds obligatory Bills and Specialties herein before-mentioned to be assigned unto the said A. B. and whereby any of the Debts in the said second Schedule mentioned are or shall become due and payable and shall and will also upon reasonable request unto him the said C. D. his Executors or Administrators to be made by the said A. B. his Executors Administrators or Assigns produce and shew forth unto the said A. B. his Executors Administrators or Assigns or to or before such person or persons as he or they shall appoint or direct The said Books called the Debt Books and all other Books and Writings which remains in the hands custody or possession of the said C. D. wherein the said Debts Duties and Demands or any of them contained in the said Schedule called the second Schedule are contained or whereby or wherein any Wares or Merchandizes touching or
within named C. D. have for divers years now last past occupyed together as Copartners in all things as wel touching and belonging to the Trade of Woollen-draper as in such Wares and Commodities as during the said Copartnership they have otherwise traded and dealt in In which time of their Copartnership and by reason thereof there are divers and sundry Debts and sums of Mony owing unto them and likewise divers several Debts are owing by them to several Persons by reason of the said Copartnership which are by them the said Parties to be equally born and payed The several particulars of which said Debts as well to them due and owing as by the● due and owing are mentioned and comprised in two several Schedules subscribed with the hands of the said A. B. and C. D. whereof the one remaineth in the custody or hands of the said A. B. and the other remaineth in the custody or hands of the said C. D. 43. And forasmuch as the said A. B. and C. Their desire to dissolve the Copartnership and to divide the Debts c. D. have between themselves agreed not to continue or proceed any farther in Copartnership together but are willing and minded to take out their several Stocks and to separate and divide asunder from their former joynt trading and for that it is the full meaning of each of the said Parties that for the Debts to them due and owing as Copartners and in respect of their said joynt dealing after the Debts owing by them which were contracted during the said joynt Trade and by reason of the said Copartnership are satisfied and payed should be equally divided between the said A. B. and C. D. part and part like 44. If therefore the said A. B. his Executors To give notice of Receipts Administrators or Assigns shall and do from time to time within one Month next after he or they shall have at any time or times hereafter received any part or parcel of the Debts Duties or sums of Mony mentioned in the said Schedule or Writing to be to them joyntly due and owing in respect of the said Copartnership do give iust and true knowledge unto the said C. D. his Executors Administrators or Assigns of every such particular Receipt so from time to time to be had and received 45. And do also then make just payment unto To pay a moiety to his Fellow the said C. D. his Executors Administrators or Assigns of the one moiety or full half part of every such sum and sums of Mony so by the said A. B. his Executors or Assigns to be received or had upon their joynt account And further that if the said A. B. his Executors Administrators or To pay the other moiety to Creditors Assigns within convenient time after such particular Receipt as aforesaid do from time to time pay or cause to be paid unto and amongst the joynt Creditors of the said A. B. and C. D. for and towards the payment of their joynt Debts growing by their said Copartnership the other moiety or half part of such sum and sums of Mony as shall from time to time be received as aforesaid until such time as their said Debts shall be fully satisfied 46. And further also if neither the said A. B. Not to compound without the others consent his Executors Administrators or Assigns nor any of them at any time or times hereafter shall or do make any composition for the said Debts Duties sum or sums of Mony or any of them with any of the Debtors owing the same or any of them without the special licence consent or agreement of the said C. D. his Executors Administrators or Assigns first thereunto had and obtained in that behalf 47. And further if the said A. B. his To assist the other Executors or Administrators do and shall from time to time use his and their best endeavour for the ayding and assisting of the said C. D. his Executors Administrators and Assigns for the better and speedier obtaining and recovery of his and their parts of every of the said several Debts Duties sum and sums of Mony to them in regard of their Copartnership aforesaid due or owing and that without fraud or covin Then this Obligation to be void and of none effect or else c. The like to be made by the other Party but I think it best in both to alter the five and fortyeth Section and to make the one moiety of what shall be received to be payed in discharge of Debts and the half of the residue to be payed to C. D. c. mutatis mutandis Another form of a Condition upon separation of Copartnership for one to discharge the other of Debts due upon a private account 48. THe Condition of this Obligation is Recital of Copartnership and particular debts accruing during the same such That whereas the within named C. D. and the within bounden A. B. have for divers years last past occupyed together as Copartners in all things as well touching and belonging to the Trade of a Wollen-draper as in such other Wares and Commodities as during the said Copartnership they have otherwise traded and dealt in In which time of their Copartnership together each of the said Parties are become indebted to divers and sundry persons of their own meer particular and private account not properly belonging to the partible account of Copartnership or wherewith either of the said Parties in respect of their mutual and joynt occupying together are charged 49. And forasmuch as they the said Parties Their intent to separate and that neithers Debt charge the other to these presents are now by mutual agreement separating from further dealing in Copartnership together and it is the full intent and meaning of both the said Parties that all Debts Duties and sum and sums of Mony as the said A. B. in the time of the said Copartnership together with the said C. D. was or is any way indebted as touching his private proper and single account shall not in any wise touch or charge the said C. D. his Executors or Administrators with the payment of the same or of any part thereof 50. If therefore the said A. B. his Executors To discharge his F●llow from the private Debts or Administrators do and shall at all and every time and times hereafter clearly and absolutely acquit discharge and save harmless the said C. D. his Executors and Administrators and his and their Goods and Chattels against all and every person or persons whatsoever not onely of and from all and every such Debt and Debts and sum and sums of Mony due heretofore made and contracted by the said A. B. in the time of the said Copartnership which belonged not unto or any way concerned the joynt or partible account between them as Copartners but onely solely and singly unto the said A. B. his Executors and Administrators but also of and from all actions suits arrests
or Suits against the said C. D. as Administrator of the said M. F. Then the said C. D. shall thereof give notice and warning unto the said Creditors Parties to these presents or to three of them at the least to the end that they may joyn with the said C. D. in defence of the said Suit for the best and common Commodity and advantage of the said Creditors Parties to these presents 18. All and every which Agreements aforesaid All Covenant to perform the Articles and every Article and Clause thereof every one of the Parties aforesaid on their several behalves and for their several Executors and Administrators do Covenant grant and promise to and with all and every the other of the Parties aforesaid and their several Executors and Administrators well and faithfully to hold accomplish and perform without any fraud or deceit In witness c. Articles of Agreement for erecting a New building in London since the great Fire according to the Act of Parliament for rebuilding London Articles of Agreement made the c. Between A. B. Citizen and Fishmonger of London of the one part and C. D. of the parish of St. Andrews Holborn in the County of Middlesex Carpenter and E. F. of the same parish Bricklayer on the other part as followeth That is to say 19. Imprimis The said C. D. and E. F. for To build a Messuage themselves joyntly and severally and for their and each of their Executors Administrators and Assigns do Covenant promise grant and agree to and with the said A. B. his Executors Administrators and Assigns as followeth that is to say That they the said C. D. and E. F. their Executors Administrators Workmen or Assigns shall and will for the consideration after mentioned at their or some of their proper Cost and charges and with their or some of their own Materials in good firm and workman-like manner erect and build or cause to be erected and built one Messuage or Tenement upon a Toft piece or parcel of ground scituate on the North-side of the street within Newgate-Market London formerly called Newgate containing in breadth on the front fifteen foot or thereabouts and in depth one and forty foot or thereabouts lying between the Messuage in the occupation of I. B. on the East-side and the Messuage in the occupation of K. L. on the West-side 20. Which said Messuage shall contain one The Rooms therein to be contained Celler with a partition about the middle part thereof and a door therein and a Shop over all the said Celler three Rooms over the said Shop that is to say A Fore-room a Back-room and a little Buttery in the Kitchin next the Stairs three Rooms over the said last mentioned Rooms and three Rooms over them of the like dimensions with two Garrets over them and the same shall do compleat and finish or cause to be done compleated and finished in good strong and workman-like manner and with good strong and sound Bricks Mortar Timber and Materials with all the Bricklayers work Tilers work Carpenters work Smiths work Plommers work Plaisterers work and Glasters work whatsoever that is or shall be needful and convenient for the building compleating and making habitable the said Messuage or Tenement 21. Item That they the said C. D. and E. F. To pursue the Act for builing their Executors Administrators Workmen and Assigns shall and will do and perform all the said Bricklayers and Tilers work and Carpenters work and other works aforesaid with such Materials of such proportions dimensions and scantling and in such manner and form as is directed limitted and appointed in and by an Act of Parliament made in the Nineteenth year of his now Majesties Reign intituled An Act for rebuilding the City of London and the Scheam thereunto annexed for houses of the first sort of building to be builded and erected or as is directed by any other Act of Parliament since made 22. And shall sink and make the Cellar under The Cellar all the said Messuage Eight foot deep and shall in such convenient place in the said Cellar as the said A. B. or his Assigns shall direct dig An House o● Office in the Cellar and make a Vault six foot square every way or cleanse repair and amend the old Vault there and make the old Vault of the same largeness in case it be not so and from the same new or old Vault shall make and carry up a sufficient Brick Funnel into the Cellar for an House of Office and make a convenient seat thereunto And shall make good and substantial Cellar-windows to Cellar Windows Pav●ment Stairs the said Cellar out of the street with good and substantial Iron-bars to the same Windows The said Windows to be of such largeness and form as the said A. B. or his Assigns shall direct And shall Pave the said Cellar with good Bricks and make a good strong pair of Stairs out of the street thereunto with good dry Elm Planks about three foot and a half wide with a good strong Plank and door to the said Stairs and strong Iron-bolts to the said door And shall in such convenient place in the first Room or Shop over the said Cellar as the said A. B. or his Assigns shall appoint make a good pair of Stairs of two foot and eight inches wide at the least with Elm boards into the said Cellar and a Door well framed plained and hung at the head of the said Stairs with an Iron-latch and catch thereunto And shall make and prepare a L●aden Gutter place for a Leaden-Gutter to be laid in the most convenient place between the said Shop and Cellar for carrying the Water from the Kitchin and Yard belonging to the Premisses and from the Sink of the said A. B. next to the Street 23. Item That they shall make the first or The Street Door Street Door to the said Messuage with two leaves of good whole dry Deal well framed and lined hung with good Hinges with a good upright Bar and Staple to it with a Flap and two strong Iron Bolts over the same Door Shop-Windows And shall make good and substantial Shop-Windows of good whole dry Deal well glued battered and lined with slit Deal with good and sufficient Bars Hinges Staples and Pins fitting to the same of such form as the said A. B. or his Assigns shall direct And shall carry The Stair-Case up a Stair-Case through the said House with an open Newel-light the Sky light over the Newel to be well glazed leaded and cemented The Stairs to be of such wideness and placed in such convenient places and in such form as the said A. B. shall direct The said Stair-Case to be made with Rails Banisters Balls and Pendents And shall make strong handsom Doors to the Chamber and sufficient Partitions and Doors to every upper Room or Chamber with Iron Latches Catches and Hinges to every Door the same
Doors to be made of good dry Deal glued and battered And also one convenient Chimney to Chimneys every of the said upper Rooms of such dimensions depth and wideness and place the said Partitions Doors and Chimneys in such places sort and manner as the said A. B. or his Assigns shall direct And shall make a handsom Back-Window to the Shop transom Window to the back part of the Shop with two Iron Casements therein and well glazed with good Shutts to the same of whole Deal glued lined battered and hinged with good and substantial Hinges And an handsom A Back-Door strong Door into the Yard of whole Deal well smoothed glued battered and hinged with good Bolts to the same and a glass Window over the said Door with good Iron Bars the same Windows to be of such largeness and dimensions as the said A. B. or his Assigns shall direct 24. Item That they shall put one good Lock to the fore-Door strong Lock with a Key to the fore-Door of the said Messuage of eight shillings price at the least and make and put up in the Front even with the fore-Chamber over the Shop one fair Belcony ten foot long of good wrought Iron Belcony and not cast Iron And shall make one handsom pair of Doors of Oak four foot wide at the least with a handsom glass Window on the top of the said Doors to go into the said Belcony And on each side of the said Belcony-Window a convenient two-light transom Window and shall Windows Pediment for a Sign Chamber-Windows make an handsom Pediment in the Brickwall over the Belcony to place a Sign in as the said A. B. or his Assigns shall direct And shall make in the two next Stories forwards a transom Window to each Room of four foot and a half wide or thereabouts of a proportionable depth and on each side of the said Window make a two-light transom Windom uniform with the Windows underneath And to all the back-Chambers a six light transom Window in the rear of every Chamber and a four light transom Window on the East-side of every of the said back-Rooms The Frames of all the said Windows to be good dry oaken Timber well wrought and placed as the said A. B. or his Assigns shall direct And shall make a good strong Iron Casement to the third Story-Window to the Front with a good strong Lock to the same and an Iron Rod in the middle thereof the same Casement to be of such largeness every way as the said A. B. or his Assigns shall direct And shall make a good Iron Casement to such of the said two-light transom Windows in the said third Story on the Front as the said A. B. or his Assigns shall direct And shall also make a good Iron Casement to the four light Window in the fourth Story to the Front and to every Window in the rear All the Windows to the Front-Rooms up one pair of Stairs to have sufficient and substantial Iron Bars And shall make one good clear Story three light luthern Window to the fore-Garret and a three light clear Story Window to the back-Garret the Frames to be of Oak with an Iron Casement in each Garret-Window 25. Item That they shall Plaister and Plaistering and Ceeling Ceel in workman-like manner with good Lime and Hair all the Wals Partitions and Ceelings of every Room of the said House and in every other place necessary except the Cellar and shall lay all the Floors with good whole dry Flooring Deal smoothed and close joynted and shall cover the uttermost Rooms backward or back-Garret Covering with good Lead which Lead shall weigh ●ight pound and a half the foot at the least and make a Brick Wall on the back part and on each side of the said Leads three foot high and cover the said Wall with a Coping or Campshot of good sound Oak Timber and shall cover the fore-Garret of the said House with good plain Tiles and make convenient Gutters of Lead to carry Leaden Gutters the water from the said Roof and Leads into the street and bring the same with a convenient Pipe to the ground and shall raise the ground-Floor Raising the Floor of the said Messuage a convenient height above the street so that there may be a stone-Step of seven inches high or more as shall be convenient at the street-Door and raise every other Story proportionable according to the Acts of Parliament in that behalf And shall build The Front Roof Painting the Front of the said House with good rubbed Brick and carve off the Roof with Cantilavers and Cornishes and shall paint all the Window-Frames Window-Casements out-Doors and Door-Cases Cantilavers and Cornishes of the said House and all out-places necessary Glasing with good Colours well laid in Oyl And glaze all the Windows of all the Front upper Rooms or Chambers and Front-Garret and the back Windows of the Shop with good square Glass well leaded and all the rear and back-Windows except the Shop with Quarries well leaded 26. Item The said C. D. and E. F. for Time of finishing the House themselves and either of them their and either of their Executors Administrators and Assigns do by these presents Covenant promise and grant to and with the said A. B. his Executors Administrators and Assigns as followeth viz. That the said House and all and every the premisses shall be in all things as aforesaid fully and wholly done compleated and finished by or before the twenty ninth day of September now next ensuing And if it shall happen the said work or any part thereof shall not be compleated and finished according to the true intent and meaning of these presents by the twentieth day of October next also ensuing That then and Forfeiture if not finished from thenceforth they the said C. D. and E. F. their Executors and Administrators shall and will well and truly pay or cause to be paid unto the said A. B. his Executors Administrators or Assigns the sum of ten shillings sterling by the day for every day which the said Work and Building or any part thereof shall so remain and be unfinished and uncompleated 27. And that they the said C. D. and E. F. To save harmless from the Acts touching Building their Executors and Administrators shall and will from time to time and at all times hereafter well and sufficiently save and keep harmless and indempnified the said A. B. his Executors Administrators and Assigns and every of them and the said Messuage and all and every his and their other Lands Tenements and Hereditaments Goods and Chattels of and from all fines pains penalties punishments and forfeitures whatsoever contained in the said Acts of Parliament or any of them for or by reason of any irregularity which shall happen in the said Building or any part thereof contrary to the said Acts of Parliament or any of them for
c. to enter and distrain as in a grant of a Rent And as for touching and concerning all and every the said The use of the Lands charged Messuage Lands Tenements and Premisses herein before mentioned to be granted enfeoffed and confirmed unto the said C. D. and E. F. and their Heirs It is the true intent and meaning of all the Parties to these presents That the said C. D. and E. F. and their Heirs shall stand and be seized thereof and of every part and parcel thereof to the onely use and behoof of the said A. B. his Heirs and Assigns for ever and to no other use intent or purpose whatsoever nevertheless the said Premisses to be charged and chargable with the said Annuity or yearly Rent as aforesaid CHAP. XVII Containing several Covenants used upon Vide Chap. 4. Covenants upon Settlements Marriages and in Joyntures made 1. THis Indenture made c. Between A. B. of the one part and C. D. of the other part Witnesseth That it is Covenanted granted concluded and agreed by and between the said Parties in consideration of a Marriage to be had and solemnized between C. B. Son of the said A. B. and E. D. Daughter of the said C. D. in manner and form following Covenant to pay the Portion after Marriage And first the said C. D. doth for him his Executors and Administrators Covenant and grant to and with the said A. B. his Executors and Administrators by these presents That in case the said Marriage take effect he the said C. D. his Executors or Administrators shall and will within one Month after the said Marriage had and solemnized pay or cause to be paid unto the said A. B. his Executors or Administrators as the marriage Portion of the said E. the sum of Five hundred pounds of lawful moneys of England at or in the now dwelling House of the said A. B. scituate in c. 2. And the said A. B. doth for himself his To pay a sum if he refuse the Marriage Executors and Administrators Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That in case it shall fortune that the said C. B. his Son shall refuse or disagree to the said Marriage or that the said Marriage shall not take effect and be had and solemnized within three Months next ensuing the Date hereof through the default mislike means or procurement of the said A. B. and C. B. or either of them That then the said A. B. his Executors or Administrators shall and will well and truly pay or cause to be paid unto the said C. D. his Executors or Administrators within six Months next ensuing the Date hereof the sum of One hundred pounds of lawful Moneys of England at one intire payment to and for the use of the said E. D. in case she the said E. shall so long live and for her advancement and preferment in Marriage and as an augmentation of her Portion and livelyhood 3. And the said A. B. for himself his Executors and Administrators doth Covenant and To maintain the young pair grant to and with the said C. D. his Executors and Administrators by these presents That in case the said Marriage shall take effect according to the true meaning of these presents That then he the said A. B. his Executors or Administrators shall and will well and sufficiently maintain provide for find keep and sustain the said C. B. and E. his Wife and all the Issue of their two Bodies begotten from time to time and at all times immediately from and after the said Marriage between the said C. B. and E. so had and solemnized as aforesaid during the natural life of him the said A. B. with sufficient and convement Meat Drink Lodging and House-room according to their quality and degree 4. And further that he the said A. B. shall To give or leave by Will 1000 l. and will either in the life time of the said A. B. or by his last Will and Testament leave give devise assure or pay or cause to be well and truly contented and payed unto the said C. B. or to the said E. in case she shall survive the said C. B. and the said C. B. shall happen to die during the life of the said A. B. or to the Child or Children between them to be begotten in case the said C. B. and E. shall both happen to die in the life time of the said A. B. to be equally divided between them the sum of One thousand pounds of lawful Mony of England to be payed within two years after the decease of the said A. B. at the farthest in case the same shall not be payed or satisfied in his life time 5. And that he the said A. B. shall and will To do further acts to ratifie these Covenants at any time or times during the space of two years next ensuing the Date hereof upon reasonable request and at the cost and charges in the Law of the said C. D. his Executors or Administrators make do seal deliver and duly execute all and every such further Act and Acts Thing and Things Deed or Deeds Assurance or Assurances whatsoever as shall be reasonably devised or required by the said C. D. his Executors or Administrators or his or their Counsel learned in the Law for the ratifying perfecting and sure making of the Covenants Grants Payments and Agreements before in these presents expressed and declared which on the part and behalf of the said A. B. his Executors or Administrators are to be kept performed and accomplished according to the intent and true meaning of these presents So that such Act or Acts Thing or Things Deed or Deeds Assurance or Assurances extend no farther th●● to the said A. B. his Executors or Administrators or the Goods and Chattels of the said A. B. In Witness 6. And the said A. B. for himself his Executors A Covenant for to permit the Wife to make a Will and Administrators doth Covenant and grant to and with the said C. D. and E. F. the Trustees on the Womans behalf that if it fortune the said E. the intended Wife after the said Marriage had and solemnized to die and decease in the life time of the said A. B. That it then shall and may be lawful to and for the said E. at her free will and pleasure to make publish and declare one Will and Testament in Writing under her Hand and Seal and thereby to dispose will give and bequeath to any her Children Servants or Friends for their preferment or advancement any sum or sums whatsoever not exceeding in the whole the sum of Two hundred pounds of the Goods and Chattels which the said E. shall be possest of at the time of the said intended Marriage and if it fortune the said Goods or Chattels after Marriage had to be sold or otherwise disposed of by the said A. B.
or vexation shall cause procure or willingly permit against the said C. D. his Execu●ors Administrators Sureties Factors or Assigns In witness Another to a Debtor beyond the Seas for six Months paying six shillings eight pence a pound 40. TO all c. We c. nameing the Creditors Leave given for six Months to come to and abide in England send greeting c. Whereas C. D. Merchant now resident in the Parts beyond the Seas is indebted unto his Creditors whose names are hereunder written in several Sum and Sums of Money and being unable to pay us our whole Debts we do hereby declare that every one of us who shall subscribe these presents with his proper name or mark shall and will give him free leave and license both for his person and goods to go come abide and be amongst us for the term of six Months to be computed from the Date hereof without our or any of our lett trouble suit arrest or disturbance 41. And further that if the said C. D. his Exe●utors If Creditors be satisfied six shillings and eight pence a pound to give a Release Administrators or Assigns shall within the space of six Months aforesaid to be computed from the Date hereof pay or cause to be payed unto us for and in respect of the several Debts owing severally unto us six Shillings and eight pence sterling by him to us severally owing not accompting Interest for the said several Debts to us owing or for any Part thereof That then we shall accept of the said six Shillings and eight pence the pound in full of the said Debt and Debts to us severally owing and shall give unto him or them thereupon at his costs and charges general Acquittances and Releases from us and every of us and in further declaration of our leaves and license to him given as aforesaid we do promise to seal and subscribe unto him a Letter of License to be made according to the purport and true meaning hereof Witness our hands this day of c. Another in brief 40. TO all c. We or such of us who have License given to come into England and abide six Months without the trouble of the Creditors signed and sealed these presents being Creditors of C. D. an English Merchant now reuding at F. in the Parts beyond the Seas do send greeting Whereas the said C. D. is indebted to us his said Creditors severally in divers Sums of Money for which by reason of bad Debts and other casual Hindrances as well by Sea as Land he is unable to give unto us present satisfaction and having desired as well by s●veral of his own Letters as by Mediation of his friends here resident in England for a time without our or any of our molestations arrests suits or interruption to come over into England and to reside here as well to gather in and recover the Debts to him due here as to make his true estate known unto us and as much as in him lyeth to give us and every of us satisfaction for the said Debts by him to us particularly owing Vnto which request and desire of the said C. D. we do hereby condescend and are content that he shall come over into England and stay or abide in London or elsewhere within the said Kingdom in peace and quiet and without the arrest suit trouble or molestation of us or any of us for and during the space of six Months to be computed from the Day of the Date hereof In witness c. Another to a Debtor resident in England for a years time 43. TO all c. We A B. C. D. E. F. and G. H. of London Merchants do send greeting Recit I of the Debts Whereas I. C. Citizen and Vintner of London for and by reason of Commerce and divers Contracts Agreements and other causes Between him and us the above-named persons severally passed and had standeth and is indebted to us the said A. B. C. D. E. F. and G. H. severally in divers and sundry great sums of Mony as by several obligations and specialties under his hand and seal unto us severally made it doth and may appear 44. Now know ye that we the said A. B. Liberty to Negotiate without interruption C. D. E. F. and G. H. for divers sundry good and charitable causes and considerations us hereunto especially moving Have given and granted and by these presents do give and grant full licence and liberty unto the said I. C. quietly and freely to go about attend and negotiate as well his own private affairs and businesses as also all other matters and things whatsoever he hath or shall have to do and prosecute for any person or persons whatsoever as well within the City of London as elsewhere within the Kingdom of England at all and every Time and Times from henceforth for and during the space of Twelve months to begin and commence from the day of the Date hereof without any manner of let disturbance stay arrest or attachment of his person or of his Goods Chattels Mony Merchandizes or any other his Commodities or things whatsoever by us the said A. B. C. D. E. F. and G. H. or any of us or by the Executors Administrators or Assigns of any of us on this side or within the space of Twelve months to be accounted as aforesaid 45. And we are not only contented and agreed The Debts released of such as shall pursue c. contrary to this Licence to give and grant this our present Licence unto the said I. C. for and during the Time aforesaid within which space he the said I. C. doth intend the payment or satisfaction of all and every the said Debts but also we and every one of us for his part doth by these presents agree and declare that if it shall happen the said I. C. in his person Wares Goods or Merchandizes or any of them within the said time or space of Twelve months next ensuing the Date hereof by us or any of us the said Creditors or by our or any of our E●e●utors Administrators or Assigns or by any other person or persons by or through the authority com●andment will consent or procurement of us or any of us against the tenor form and effect of these presents in any wise to be arrested sued impleaded molested or attached that then he the said I. C. his Heirs Executors and Administrators shall by virtue of these presents for evermore be clearly acquitied and discharged against him or them of us by whom or by whose authority means or procurement he the said I. C. his Goods Wares Moneys or Merchandizes shall be contrary to the form effect and true meaning of these presents to be vexed molested attached sued arrested or hindered of all manner of actio●s suits debts and demands whatsoever they be from the beginning of the world until the day of such arrest suits attachment or molestation In witness
from time to time write down and enter or cause to be written down and entred the true Particulars of all such Goods Wares and Merchandizes that shall be bought or sold brought in or delivered out in or touching the said joynt Trade and of all Sum or Sums of Money that shall be received or payed together with the names of all Persons unto or from whom any such Goods Wares or Moneys shall be received or payed and all other circumstances of Time and Place any wayes conducing to the manifestation of the State and Proceeding of the said Trade And that each of them the said Parties shall and may from time to time during the said Copartnership have free Access and Recourse unto the said Books of Account to read peruse examine and copy out the same at his Will and Pleasure 82. And further That they the said Parties Every year to perfect the accompt shall yearly and every year during the said Copartnership in the Month of September joyn in Accompt together at the said shop and then and there to make cast up and fully finish a true just plain and perfect Accompt and Reckoning in writing of for and concerning the said joynt Trade and of and for all Moneys Wares Goods Debts and other Estate whatsoever which shall be then in Copartnership between the said Parties or joyntly owing or belonging to them and upon the finishing of every such yearly Accompt they the said Parties shall write and enter or cause to be written down and entred into two several Books of Account the true Particulars of every such Accompt and shall subscribe their Names in the said Books at the foot of every such Account entred therein and upon the subscription of their Names as aforesaid each of the said Parties shall and may have and take to his own use one of the said Books subscribed as aforesaid 83. And furthermore that at the end of the The final account said Term of three years if they the said Parties shall be both then living they the said Parties shall joyn in Accompt together at the Shop aforesaid and shall then and there make cast up and fully finish between them a true plain perfect and final Accompt and Reckoning in ●riting of for and concerning the said joynt Trade and of and for all Moneys Wares Goods Debts and other Estate whatsoever which shall be then in Copartnership between the said Parties or joyntly owing or belonging to them by reason or means of the said joynt Trade And of all Debts and Duties which they the said Parties shall then owe to any Person or Persons 84. And upon finishing of the said account To pay Debts and divide the remainder they the said Parties shall forthwith satisfie or take order for the speedy satisfying of all and every the said Debts and Duties so by them owing and shall also thereupon make a just and equal partition allotment assignment and division between them the said Parties of all the then residue and remainder of their said partible or joynt Stock and Estate and increase thereof That is to say One moiety or half part thereof unto the said A. B. to his own proper use and the other moiety or half part thereof unto the said C. D. to his own proper use Neither to release a Debt assigned to the other c. Each to authorize the other to sue c If either die during the three years the Survivor to take all paying for a moiety to the Executors of the other 85. And after such partition division assignment and allotment so made neither of the said Parties his Executors or Administrators shall without the consent of the other of them receive release compound or discharge any debt or duty which is or shall be assigned or allotted to the other of them respectively but that each of them the said Parties his Executors and Administrators shall from time to time sufficiently authorize the other of them the said Parties his Executors or Administrators upon his or their request to sue for recover receive and take to his and their own proper use all and every the debts and duties which shall be allotted to him or them the said Parties his Executors or Administrators respectively making such request 86. And further that if either of the said Parties shall happen to decease before the end of the said three years and after any yearly account shall be made between them the said Parties touching the said joynt Trade That then the Survivor of them the said Parties shall have and take to his own proper use all the Moneys Goods and Wares which shall be belonging to the said joynt Trade and Copartnership at the same rate and price the same Goods and Wares did cost and also all Debts and Duties which shall be then d●e and owing to the said joynt Trade except such of them as were trusted by the said deceased Party without the consent of the said Survivor And in consideration thereof the said Survivor his Executors or Administrators shall pay or cause to be payed to the Executors or Administrators of the Person so first dying at the Shop aforesaid so much lawful Mony of England as the part and share of the Party deceasing of and in all the said Debts that shall be then owing to the said jont Trade that were accounted good and spirate Debts and of and in all the Moneys Goods and Wares of the said joynt Trade did or shall clearly come and amount unto by and upon the said yearly Account made between the said Parties next before such decease the Debts owing by the said joynt Stock being allowed for and defalked out of the said whole Estate The same Moneys to be payed to the Executors or Administrators of the said Party deceased as followeth That is to say One third part thereof at the end of four Months next after such decease one other third part thereof at the end of eight Months nert after such decease and the remaining third part thereof at the end of twelve Months next after such decease 87. And that the said Survivor his Executors How the Moneys shall be secured or Administrators shall within twenty Days next after such decease of the other of them the said Parties become bound in a penal Bond sufficient in the Law of double the Principal and with sufficient Sureties to the Executors or Administrators of the person so first dying as well for the true payment of the said three several sums in manner and form aforesaid as also for the saving harmless and keeping indempnified of the Executors and Administrators Lands Tenements Goods and Chattels of the said first Security against joynt Debts de●easing Party of and from all and every the Debts and Duties which were joyntly owing by them the said Parties at the time of such decease of for and concerning the said joynt trade and of and from all Accounts Suits Iudgments Executions and Demands
them and the same shall or may retain and hold to his and their own proper use without any account thereof or of any part thereof to be made o●●endred to the said A. B. his Executors or Administrators or any of them 36. And that he the said A. B. his Executors Power given to sue Administrators or Assigns shall and may commence sue or prosecute any Action Suit or Plaint for the Recovery getting in or obtaining of the said Debts in the said Schedule mentioned or any of them at the Costs and charges of the said A. B. his Executors Administrators or Assigns in the Name or Names of the said C. D. or of the said A. B. and C. D. or either of them their or either of their Executors or Administrators without any discharge revocation or stay of the said Action or Actions Suits or Plaints or any of them to be caused or suffered by the said C. D. his Executors or Administrators so as the said A. B. his Executors or Administrators shall from time to time upon reasonable request to him or them to be made in that behalf by the said C. D. his Executors or Administrators save defend and keep harmless the said C. D. his Executors and Administrators and every of them of and from all Losses Costs and Dammages which he the said C. D. his Executors or Administrators shall or may sustain or be at by occasion or means of any such Action Suit or Plaint to be prosecuted as aforesaid 37. And that he the said C. D. hath not heretofore Not to release any Debts if he do himself to make satisfaction nor that he his Executors or Administrators shall hereafter receive acquit release or discharge the said Debts in the said Schedule mentioned or any of them unless it be by the special consent and agreement of the said A. B. his Executors Administrators or Assigns first in that behalf had or obtained in writing but in case the said C. D. his Executors or Administrators shall he●eafter release acquit or discharge any of the said Debts in the said Schedule expressed without such consent and agreement of the said A. B. his Executors or Administrators as aforesaid That then he the said C. D. his Executors or Administrators within six weeks after every such Release and discharge of any of the said Debts in the said Schedule expressed shall and will truly pay and satisfie or cause to be paid and satisfied to the said A. B. his Executors and Administrators the full proportion of all and every such Debt and Debts in the said Schedule expressed which he the said C. D. his Executors or Administrators shall so release or discharge without fraud or covin 38. And the said A. B. for himself his Executors The one to pay part of the Debts by them owing and Administrators doth covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. his Executors or Administrators shall and will well and truly satisfie and pay to a●● among the Creditors of the said A. B. and C. D. in respect of their said Copartnership the sum of 500 l. of lawful moneys of England towards the payment and satisfaction of such Debts and sums of money as to the said Creditors are due and owing out of or in respect of the said partible stock copartnership or joynt occupying in manner following viz. c. 39. And the said C. D. for himself his Executors The other to pay the other part of the Debts and Administrators doth covenant and grant to and with the said A. B. his Executors and Administrators by these presents That he the said C. D. his Executors or Administrators shall and will well and truly satisfie and pay to and among the said Creditore towards the payment and satisfaction of such Debts and sums of money as to the said Creditors are due and owing out of or in respect of the said partible stock and joynt dealing the sum of 400 l. of lawful moneys of England in manner and form following v●● c. 40. And it is agreed by and between the Private Debts said parties to these presents And each of the said parties severally for himself his Executors and Administrators doth covenant and grant to and with the other of them his Executors and Administrators by these presents That if any privy Debt charge or cause of action be growing or depending by reason or occasion of the said Copartnership unto which the said Copartners are become subject and liable unto other then and except such known Debts charges and causes of action as are mentioned or specified to be owing due or arising in and by their common Book of Accompts kept between them That then and in all such cases such of the said parties to these presents in whose default or by whose act and procurement such Debt charge or cause of action did grow or arise shall within convenient time fully satisfie and pay the same and thereof discharge acquit and save harmless the other of the said parties his Executors and Administrators 41. And moreover it is agreed by and between Variances arising how to be decided the said parties for them their several Executors and Administrators That if any variance or cause of Suit at any time or times hereafter do or shall happen to grow or arise between the said parties or the Executors or Administrators of them or either of them by for upon or concerning any Covenant clause matter or thing in these presents expressed or contained or for or in respect of the said Copartnership or joynt trading That then and so often the party in that behalf grieved shall make declaration thereof unto c. unto whose order determination and judgment for touching and concerning the same or any part thereof for time to time the said parties and either of them for their several parts and for their several Executors and Administrators do wholly submit themselves by these presents so as their order and judgment concerning the same be made or given up in writing under their hands and seals within three Months next after such declaration to them made as aforesaid and during the said three Months neither of the said Parties shall directly or indirectly bring pursue or prosecute any Action Suit or Plaint against the other of them his Executors or Administrators touching the same And they the said Parties do bind themselves their several Executors and Administrators to stand to abide and perform all and every such order judgment and determination as the said c. shall within such time as aforesaid make and give-up as aforesaid for and touching the Premisses referred to them In witness whereof c. The form of a Condition of a Bond upon separation of Copartnership 42. THe Condition of this Obligation is Recital of former Partnership and Debts contracted such That whereas the within bounden A. B. and the
satisfaction of her Title of Dower in the late Mansion house of the said M. F. scituate in c. the sum of forty pounds of lawful Moneys of England or shall deliver unto her so much of her said late Husbands Goods as shall amount to that value according to a reasonable estimation and likewise for the Funeral charges of the said M. F. ten pounds of like Moneys And also shall deliver to her the said E. F. to her own use or suffer her to detain and keep to her own use and behoof all her Apparel and Ornaments belonging to her Body and such other things as she and the Creditors have agreed as may appear by writeng under their hands 10. Item That the said C. D. so soon as An Inventory to be made of the Goods reasonably may be after the said Letters of Administration to him granted shall with and by the consent and in the presence and over-sight of c. or three of them cause all the Goods Chattels and Debts within the Realm of England which were belonging to the said M. F. at the time of his decease to be viewed and appraised by indifferent Persons and a true Inventory thereof to be made according to the usual custome in such cases used within the City of London 11. Item That the said E. F. for her part The Widow to discover the Goods shall and will use all her best endeavour to discover and make known all and singular the Goods Chattels and Debts of the said M. F to the said C. D. and the other persons before-mentioned without any concealment default or delay in her behalf 12. Item That after the Goods Chattels The Debts to be satisfied and Credits of the said M. F. shall be so viewed and appraised and an Inventory thereof made and taken as aforesaid That then as well for the satisfying and payment of what is to be first satisfied and paid in manner and form aforesaid as towards the equal payment of the said Creditors the said C. D. shall by the consent and oversight of the said c. or any two of them make such speedy sale at the best rates that he can of all the Goods and Chattels which were of the said M. F. within the Realm of Cngland other than such as be appointed for the said E. F. as aforesaid and make such speed to gather in and obtain such Debts as were owing unto the said M. F. at the time of his decease as he reasonably can or may do and then after the satisfaction and payment before-mentioned to be first satisfied and paid being first had and made shall from time to time proportion and divide all the rest that shall come to his hands of the Estate of the said M. F. unto every of his said Creditors rate and rate like according to the quantity of their several Debts from time to time and as often as he the said C. D. shall have any thing whereof such dividend may be made until all the said Creditors shall be payed and satisfied their said Debts if the Goods Chattels and Debts of the said M. F. will extend or amount thereunto 13. Item That R. H. one of the Creditors Debts beyond Sea c. in the said Schedule mentioned shall enjoy all such Goods and Debts which were of the said M. F. and which the said R. H. hath now attached beyond the Seas towards the payment of such Debts as the said M. F. did owe there to him and thereof the said R. H. so soon as conveniently may be to shew the account to the said C. D. and four or three of the said Creditors at the least and if more be recovered beyond the Seas by the said R. H. of the Goods and Debts late of the said M. F. than the Debt which the said M. did owe to be paid there to the said R. H. That then he the said R. H. shall accept of the overplus in part of payment of his Debt owing unto him by the said M. F. here in England 14. Item That none of the Parties aforesaid Not to commence or prosecute any Suit in prejudice of these agreements shall or will do or procure any thing to be done by any Suit Plaint Action or Attachment against the said C. D. or any other within the Realm of England whereby the performance of these present agreements or any of them shall or may in any part be impeached troubled or let and that every of them shall acquit and relinquish all and every former Suits and Attachments whatsoever had or made which shall or may in any wise let or prejudice the true performance and fulfilling the said agreements contained in these presents or any of them 15. Item The said C. D. doth hereby agree To take upon him Administration to discharge the Debts c. to take upon him the said Administration and thereof to administer truly and faithfully according to these present Articles and if there shall come su●ficient to his hands to satisfie all the Creditors of the said M. F. and any thing shall remain to him over and above what will satisfie according to the true meaning of these presents That then upon reasonable request to him made and discharge thereof to him given by the said E. F. her Executors or Administrators he the said C. D. shall and will well and truly pay or cause to be paid the remainder thereof unto the said E. F. her Executors or Administrators she or they putting in reasonable security to the said C. D. by her or their own Bond to re-pay the same or so much thereof as shall be lawfully and truly recovered by any other Creditor of the said M. F. 16. Item If any Creditor or Creditors I● Debts be recovered by Creditors not Parties hereunto then all to Contribute of the said M. F. not Party to these presents do at any time commence any Action or Suit against the said C. D. as Administrator of the Goods and Chattels of the said M. F. and that the said Creditor or Creditors of the said M. F. shall thereby lawfully without practice fraud or covin recover their Debts or any of them against the said Administrator Then it is further agreed by and between the said Parties to these presents That the Creditors aforesaid Parties to these presents whose Debts shall be payed in part or in whole according to this agreement shall out of their several dividends allow satisfie and pay part and part like unto the said C. D. so much of their parts and proportions so received as aforesaid and according thereunto as will satisfie and discharge the said Debt or Debts and Dammages and Costs of Suit for the same the said C. D. likewise contributing accord●ng to his Rate towards the same 17. Item It is further agreed That if To give notice of Suits any Creditors of the said M. F. not Parties to this agreement shall or do commence any Suit
parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant grant and agree to and with the said C. D. and E. F and either of them their or either of their Heirs Executors and Administrators by these presents that he the said A. B. shall and will at the next Assizes or general great Sessions for Pleas to be holden at Lancaster before the Justice or Justices of our Soveraign Lord the King there for the time being levie and acknowledg one Fine Sur cognizance de droit come ceo c. with Proclamations thereupon to be had in due form of Law unto the said C. D. and E. F. and their Heirs of and in all and singular those Several Mossuages or Tenements c. by the name of three Messuages two Gardens two Acres of Land twenty Acres of Meadow and fourty Acres of Pasture with the Appurtenances in B. in the County of Lancaster aforesaid c. 5. This Indenture made c. Between A. B. on To levie Fines in the Counties of Chester and Lancaster the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving hath covenanted granted and agreed and by these presents doth for him his Heirs Executors and Administrators covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these presents That he the said A. B. shall and will before the Feast of c. next ensuing the Date of these presents in due form of Law acknowledg and levie two or more Fines sur cognizance de droit come ceo c. with proclamations within the Counties Palatine of Chester and Lancaster before the Kings Majesties Justices of Assize or before some other Person or Persons in that behalf lawfully and sufficiently authorized unto him the said C. D. and his Heirs of all that c. The one part being in the County of Chester the other in the County of Lancaster by such Name or Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel Learned in the Law shall be reasonably advised or required c. 6. This Indenture c. Between A. B. of the To levle a Fine in a Court of Ancient Demesne one part and C. D. of the other part Whereas the said A. B. is the Day of the Date of these presents lawfully seized of an Estate of Inheritance to him and the Heirs Males of his body of and in divers Messuages Lands Tenements and Hereditaments within the Liberty of H. at B. in the County of E. hereafter in these presents particularly mentioned Now witnesseth these presents that the said A. B. for divers good Causes and Considerations him hereunto especially moving and for the settling c. doth for himself and his Heirs covenant grant and agree to and with the said C. D. his Heirs Executors and Administrators by these present● That he the said A. B. at his own proper Cost and Charges shall and will in due form of Law before the Feast of c. next ensuing the Date of these presents acknowledg and levie one Fine in the Court of Ancient Demesne within the said Liberty of H. at B. according to the course and common usage for levying of Fines for Lands and Hereditaments within the said Liberty unto the said C. D. of all those Messuages Lands c. by the Name of three Messuages three Gardens fourty Acres of Land c. in H. at B. aforesaid or by such other Name or Names as shall be thought meet c. 7. This Indenture c. Between A. B. and E. To levie a Fine with a Render of an Estate for Years his wife on the one part and C. D. on the other part Witnesseth That for divers g●od causes and considerations it is covenanted granted concluded and agreed by and between the said Parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next ensuing at the Cost and Charges of the said C. D. his Executors and Administrators one Fine with Proclamations in due from of Law shall be levied and acknowledged between the said Parties to these presents in manner and form following of one Messuage with the Appurtenances in the Parish of c. and two other Messuages c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances for which Remise Release and Quitclame the said A. B. and E. his wife shall by the said Fine Render the said The Render Messuages and Premises with the Appurtenances unto the said C. D. his Executors Administrators and Assigns to have and to hold the same unto the said C. D. his Executors Administrators and Assignes from the Feast of the Nativity of St. John the Baptist next ensuing the Date hereof for during and until the full end and term of One and Twenty years from thence next ensuing and fully to be compleate and ended Yielding and paying therefore yearly and every year unto the said A. B. and E. his wife their Heirs Executors and Assigns respectively during the said term the yearly Rent or Sum of Five pounds of lawful Moneys of England at Four the most usual Feasts in the year that is to say c. or within thirty Days after either of the said Feasts with Several Covenants to be added as is usual in I eases 8. This Indenture c. Between A. B. and E. Another with a Render of a Rent his wife on the one part and C. D. on the other part Witnesseth That for divers good Gauses and Considerations it is covenanted granted concluded and agreed by and between the said parties to these presents for them their Heirs Executors and Administrators that before the end of Trinity Term now next coming at the Cost and Charges of the said C. D. hi● Executors and Administrators One Fine with Proclamations in due form of Law shall be levied of certain Messuages c. levied and acknowledged by and between the said parties to these presents by the Names of c. in and by which said Fine the said C. D. shall remise release and quitclame from the said C. D. and his Heirs unto the said A. B. and E. his wife and the Heirs of the said A. B. all his Right Title Estate and Interest of in and to the aforesaid Messuages and other the Premises with the Appurtenances For which Remise Release and Quitclaim the said The Render A. B. and E. his wife shall by the said Fine grant and render unto the said C. D. his Executors Administrators and Assigns one Annuity or yearly Rent
of Twenty pounds per annum of good and lawful Moneys of England to be issuing and going out of the aforesaid Messuages and Premises with the Appurtenances to have hold receive and enjoy the said Annuity of Twenty pounds per annum and every part and parcel thereof unto the said C. D. his Executors Administrators and Assigns from the Feast of c. next ensuing the Date hereof unto the full end and term of One and thirty years from thence next ensuing and fully to be compleat and ended at the Feast of St. Michael the Archangel and the Annunciation of St. Mary the blessed Virgin by even and equal portions yearly to be paid during the term aforesaid And if it shall happen the said Clause of Distress yearly Rent of Twenty pounds or any part thereof to be behind or unpaid in part or in all by the space of twenty Dayes after either of the said Feasts or Dayes of payment being lawfully demanded that then and from thenceforth it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns into the said Messuages and Premises and every part and parcel thereof to enter and distrain and the Distress and Distresses there to be found and taken lawfully to lead bear drive and carry away and the same to detain and keep until he the said C. D. his Executors Administrators and Assigns shall be fully paid and satisfied the said Annuity or yearly Rent and all and every the Areres thereof c. 9. This Indenture c. Between A. B. and E. To leavie a Fine Sur concessit his Wife on the one part and C. D. on the other part Witnesseth That the said A. B. for divers good causes and considerations him hereunto moving doth for him his Heirs Executors and Administrators and for the said E. his wife covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. and E. his wife shall and will before the end of this present Term of St. Hillary leavy one Fine Sur concessit with Proclamations in due form of Law before his Majesties Justices of the Common Pleas Court at Westminstor in the County of Midds unto the said C. D. of all the Mannors c. and the Revertion and Revertions Remainder and Remainders of all and singler the premises and of every part and parcel thereof And all Rent and Rents and yearly services and other profits whatsoever reserved and payable upon every demise and demises Leases Grants and Conveyancies whatsoever made and granted of the premises or any part or parcell thereof by such name and names quantities and qualities as shall be thought meet and ● 10. This Indenture c. Between A. B. and E. To sue fortha Recovery with double voucher his wife of the first part C. D. and E. F. of the second part and G. H. on the third Part Witnesseth these presents that it is mutually and respectively covenanted and concluded by and between the said Parties to these presents And the said A. B. doth for himself his Heirs Executors and Administrators and for the said E. his wife covenant and agree to and with the said G. H. his Heirs Executors and Administrators by these presents That he the said A. H. and E. his wife shall and will on this side and before the Feast of c. Tenent to the precipe made by Fine now next ensuing leavy and acknowledg o●e Fine sur cognizance de droit come ●co quc ils ont de lour done c. in due form of Law with Proclamations to be had and made according to the common course of Fines in such cases used and the Statu●e in that behalf made and provided before the Justices of our Sovereign Lord the King of his Majesties Court of Common Pleas at Westminster or before some other competent person or persons thereunto lawfully and sufficiently authorized to the said C. D. and E. F. and their Heirs of all that the Mannor of S. in the County of B. and of all Messuages Lands Tenements and Hereditame●ts whatsoever which are or are reputed part or parcol of the said Mannor or belonging or appertaining thereunto by such name or names quantities qualities contents and numbers of Acres and in such manner and form as by the said G. H. his Heirs of Assigns or his or their Council learned in the Law shall be reasonably devised advised or required which said Fine so or in any other manner to be levied and acknowledged between the said Parties shall be and shall be construed reputed and taked to be to and for the use of the said C. D. and E. F. and their Heirs to the only end intent and purpose that the said C. D. and E. F. shall and may stand and be full and perfect Tenents of the Freehold of the said Mannor Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be leavied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the said Mannor Messuages Lands and Premises against the said C. D. and E. F. and their Heirs according to the true intent and meaning of these presents and the Parties thereunto 11. And it is further covenanted concluded To suffer a Recovery upon a writ of entry en le post and agreed by and between all the said Parties to these presents and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. before the Feast of c. next ensuing the Date hereof by Writ or Writs of entry Sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our said Sovereign Lord the King of the Court of Common Pleas at Westminster in the name of the said G. H. demandant against the said C. D. and E. F. being Tenents to recover to them and their Heirs in due form of Law according to the usual form of common Recoveries for assuring of Lands Tenements and Hereditaments against the said C. D. and E. F. and the surviver of them then Tenent or Tenents of the premises All and every the said Mannor Lands and Premises withal and singular their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained or thus by such name of names and under such number and contents of Acres a●d in such manner and form as shall be advised by the Council of the said G. H. unto which said Writ of entry Sur disseisin en le post so to be brought as aforesaid the said C. D. and E. F. shall appear gratis And then and immediately after appearance and defence made shall and will in the said action vouch to warranty the said A. B. and E. his
And the said A. ● and E. his wife shal thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear gratis and after imparlance had shall make default and depart in contempt of the Court whereby one common Recovery shall or may be had or suffered against them the said A. B. and E. his wife of and for the said Mannor according to the usual course of common Recoveries for assurance of Lands and Tenements in such Cases used a●d accustomed c. 19. This Indenture c. Between A. B. and An other by Tenents for life he in revertion in London E. his wife and C. D. on the one part and E. F. on the other part Whereas the said A. B. and E. his wife in right of the said E. do now hold and are lawfully 〈◊〉 to hold and enjoy for a●d during the natural life of the said E one Messuage c. The Revertion of which said Messuage with the Appurtenances from and after the decease of the said E. doth lawfully belong unto the said C. D. and the Hei●s of his Body Now Witnesseth these presents That it is covenanted granted concluded and agreed by and between the said Parties for themselves and their Heirs that the said A. B. and E. his wife and the said C. D. shall before the Feast of c. now next coming permit and suffer the said E. F. in and by a Writ of Right Patent according to the Custom of the said City of London in due form of Law with single or double Voucher or Vouchers to Recover against them the said A. B. and E. his wife and the said C. D. the said Messuage or Tenement a●d all other the Premisses with the Appurtenances in such manner and form as by the Council learned in the Law of the said E. F. shall be reasonably devised or advised c. 20. This Indenture made c. Between A. Another in London with double Voucher B. of London Gentleman on the first part and C. D. and E. F. Citizens and Grocers of London on the second part and G. H. and I. K. of c. on the third part Witnesseth That it is covenanted granted concluded and agreed by and between all the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said G. H. and I. K. and either of them their and either of their Heirs Executors and Administrators by these presents That he the said A. B. shall and will within one month next ensuing the Date of these presents make and execute or cause to be made and executed unto the said C. D. and E. F. a good perfect and absolute Estate in the Law in Feesimple of and in all those Messuages c. lying and being in the Parish of c. London and also of and in the Revertion and Revertions of all and singular the Premises to the end intent and purpose that the said C. D. and E. F. and their Heirs may stand and be seised of the said Premisses and become perfect Tenents of the Freehold thereof so that within two months next after the making and execution of the said Estate to them the said C. D. and E. F. as aforesaid the said G. H. and I. K. or the Survivor of them shall and may bring and pursue the Kings Majesties Writ of Right Patent out of his Highness Court of Chancery against the said C. D. and E. F. or the Survivor of them to be directed to the Major and Sheriffs of the City of London By which Writ of Right Patent the said G. H. and I. K. or the Survivor of them in the Guild Hall of the said City before the said Major and Sheriffs in the Court of Hustings according to the custom of the said City shall demand against the said C. D. and E. F. or the Survivor of them The said Messuages or Tenements and all and singular other the Premises with the Appurtenances by such names or quantities as shall be reasonably devised or advised by the Council of the said G. H. and I. K. or the Survivor of them Unto which said Writ the said C. D. and E. F. ot the Survivor of them shall appear gratis and after declaration and defence made thereupon shall vouch to warranty the said A. B who shall appear gratis and enter into the warranties and vouch over to warranty the common Vouchee who shall appear gratis and imparle and after make default in contempt of the Court whereby Judgment shall be given in the said Writ for the said G. H. and I. K against the said C. D. and E. F. and for the said C D. and E. F. to recover in value against the said A. B. and for the said A. B. to recover over in value against the said common Vouchee and Execution thereof shall be had and sued in such sort that a perfect Recovery with double Vouchers shall be had and duly executed of all and singular the Pr●mises c. 21. This Indenture c. Between A. B. of To suffer a Recovery of Lands in Antient demeasne with double Vouchers the Tenent to the precipe being made by Fine the first part C. D. of the second part vide sect 6. of this Chapter and make such recital as is there and add the Covenant there to levy a Fine from A. B. to C. D. and then add as followeth Which said Fine so or in any other manner to be levied and acknowledged of the Premises between the said Parties shall be and shall be construed and taken to be to and for the use of the said C. D. and his Heirs to the only intent and purpose that the said C. D. may stand and be full and perfect Tenent of the said Messuages Lands and Premises and every part thereof Whereof the said Fine is agreed to be levied as aforesaid until a perfect common Recovery shall and may be lawfully had and executed of the Messuages Lands and Premises against the said C. D. and his Heirs according to ●he true intent and meaning of these presents and of the Parties thereunto And it is covenanted granted concluded and agreed by and between all the Parties to these presents That he the said E. F. at his own proper cost and charge shall and will before the Feast of c. now next ensuing the Date hereof purchase or cause to be purchased one or more Writ or Writs of Right Close directed to the Judges Bailiffs or others that have Power to hold Plea in suits Real arising within the said Liberty and shall prosecute the said Writ or Writs in the nature of his Majesties Writ or Writs of entry sur disseisin en le post at the common Law after the manner and course of common Recoveries there used and accustomed against the said C. D. and shall thereby demand against the said C. D. the said Messuages Lands Hereditaments and
and become Tenants unto the said C. D. his Heirs or Assigns of and for their several and respective Tenements whereof or wherein they or any of them have or hath any particular Estate or Estates in being and which are parcel of the Premises before mentioned to be granted 25. And the said A. B. for himself his Heirs Covenant to produce Writings c. for defence of the Title of the thing sold Executors and Administrators doth covenant grant and agree to and with the said C. D. his Heirs and Assigns by these presents That if the said C. D. his Heirs or Assigns shall at any Time or Times hereafter have need or occasion to plead shew forth or give in evidence any Letters Patents Deed● Evidences or Writings whereof the said A. B. hath covenanted to deliver Copies as aforesaid and which are not hereby bargained or sold of him the said A. B. touching or concer●ing the Premisses or any part thereof for the maintenance or defence of the Title of the said C. D. of in and to the Premisses or any part thereof or for any other just or reasonable occasion in any wise touching or concerning the Premises or any part thereof That then and so often the said A. B. his Heirs and Assigns upon request in that behalf to be made by the said C. D. his Heirs and Assigns and at the cost and charges of the said C. D. his Heirs and Assigns shall and will produce and shew forth or cause to be produced and shewed forth all and singular the said Letters Patents Deeds Evidences and Writings or so many of them as shall be thought needful by the said C. D. his Heirs or Assigns in any Court or Courts of Record or elsewhere for the maintenance or defence of the Title of the said C. D. of in ●r to the said bargained Premisses or any part or parcel thereof of for any just or reasonable cause as aforesaid and shall and will permit and suffer the same there to remain so long as the said C. D. his Heirs or Assigns shall have occasion for the necessary use thereof 26. And it is covenan●ed granted concluded Covenant to pay back purchase money upon Eviction of the thing and fully agreed by and between all the said Parties to these presents And the said A. B for him his Heirs Executors and Administrators and for every of them doth covenant grant and agree to and with said C. D. his Heirs and Assigns by these presents That if it shall happen at any Time or Times hereafter within the space of Ten years to be computed from the Day of the Date hereof the said Messuage or Tenement and other the Premises herein before mentioned to be bargained and sold or any part or parcel thereof upon any prior or former Title to be by any person or persons whatsoever recovered or otherwise lawfully evicted from the said C. D. his Heirs or Assigns by due Course of Law or that any decree in or upon any Bill of Complaint in Court of Equity shall pass or be made or that any Judgment in any suit or Action real or personal shall be given against him the said C. D. his Heirs or Assigns whereby his and their Title of in and unto the said Premises or any part or parcel thereof may be in any wise avoided adnulled or defeated That then and in such Case he the said A. B. his Executors or Administrators next after such Recovery Eviction Decree or Judgment so to be had given or passed as aforesaid shall within six Months notice thereof to be given and reasonable request in that behalf to be made unto him the said A. B. his Executors or Administrators pay or cause to be paid unto the said C D. his Heirs or Assigns so much lawful money of England as the said Premises or any part thereof so happening to be Evicted or Recovered or whereunto the Title of the said C. D. his Heirs or Assigns so shall be in any wise avoided annulled or defeated as aforesaid shall amount unto after the Rate of 18 Years purchase for the yearly value thereof according to the Rate that the same was valued at upon the purchase To pay back part of the purchase money which was paid in case the Purchaser dislike after two Years thereof by him the said C. D. as aforesaid 27. And the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said C. D. his Heirs and Assigns by these presents That if the said C. D shall at any Time within the space of two Years next ensuing the Date hereof dislike of the purchase of the said Messuage Lands and Premises and thereof within the Time aforesaid shall give notice in Writing unto the said A. B. his Heirs Executors or Administrators That then he the said A. B. his Heirs Executors or Administrators and shall will within three Montths after such notice given and after a Reconveyance made thereof by the said C. D. his Heirs or Assigns unto the said A. B. his Heirs or Assigns free from all Estates Charges and Incumbrances whatsoever had made or suffered by the said C. D. his Heirs or Assigns at the cost and charges of the said A. B. his Heirs or Assigns in such manner and form as the said A. B. his Heirs or Assigns or his or their Counsel shall reasonably advise well and truly pay or cause to be paid unto the said C. D. his Heirs or Assigns for their purchase of the Premises the Sum of c of lawful Money of England at the now dwelling House of the said C. D. scituate in G. aforesaid Provided alwaies that if the said C. D. his Heirs or To pay a further sum if the Purchaser like the Premises Assigns shall not within the space of two Years signifie as aforesaid his dislike of the said purchase That then he the said C. D. his Heirs o● Assigns shall and will pay or cause to be paid unto the said A. B. his Heirs or Assigns the further sum of c. of lawful Money of England over and above thr moneys by him already paid for the clear and absolute purchase of the said Messuage Lands and Premises within one Month after the end or determination of the said two Years 28. To all c Know ye that the said A. Covenant not to claim dower with a Release B. for and in consideration of the Sum of 500 l. of lawful Money of England to her in hand paid before the sealing and delivery hereof by C. D. of c. who lately purchased of E. B. since deceased late Husband of the said A. B. A Messuage and Lands lying and being c. whereof he the said E. B. was seized of some Estate of Inheritance during the Coverture between him the said E. B. and the said A. B. The Receipt whereof the said A. B. doth hereby acknowledg Hath covenanted granted concluded and agreed
and reasons of the settlement vide Chap. 2. and for other good causes and considerations him hereunto moving doth covenant and grant for him his Heirs Executors and Administrators to and with the said C. D. and E. F. and either of them their and either of their Heirs Executors and Administrators and every of them by these presents in manner and form following That is to say That he the said A. B. or his Heirs before the Feast of c. now next ensuing shall and will at the cost and charges of him the said A B. his Heirs Executors and Administrators sufficiently by Fine or Fines Recovery or Recoveries or other sufficient conveyances and assurances in the Law convey and assure unto the said C. D. and E F. and to their Heirs or the survivors of them and his Heirs All that his Mannor c. 19. And it is covenanted granted concluded condescended and agreed by and between the Uses Parties to these presents and th●ir Heirs That the said Fine or Fines Recovery or Recoveries and other good and sufficient conveyances and assurances to be had made levied suffered and executed by the said A. B. or his Heirs to the persons aforesaid ot to the surviver of them his or their Heirs before the said Feast of c. shall be and shall be deemed construed reputed and taken to be to the uses intents and purposes hereafter mentioned and to no other use intent or purpose whatsoever That is to say To the use and behoof of c. Or thus and it is covenanted granted concluded and agreed by and between the said Parties to these presents for themselves and their Heirs respectively That the said Fines Feeoffments Conveyances and Assurances for touching or concerning the said Mannor c. to be made levied suffered and executed as aforesaid shall be and the person or persons to whom the said conveyance and Estates shall be made and executed as aforesaid and his or their Heirs shall stand and be seized of the Premisses and every part thereof To the uses intents and purposes hereafter mentioned and to none other use intent or purpose whatsoever That is to say to the use of c. Or thus And shorter Co●enant it is covenanted c. That he the said A. B. or his Heirs shall and will within the space of c. next ensuing the Date hereof by good and sufficient conveiance and assurance in the Law sufficiently convey and assure unto the said C. D. and E. F. and their Heirs or to the survivor of them and his Heirs All that his Mannor c. And it is covenanted granted concluded and agreed by and between the said Parties to these presents for them and their Heirs respectively That the said conveiance and assurances so to be had and made as aforesaid shall be and enure And the said C. D. and E. F. and their Heirs immediately from and after such conveiance and assurance so had and made shall stand and be seized of and in all and singuler the said Mannor Lands Tenements and Hereditaments herein before mentioned to be conveyed with their and every of their Appurtenances to the uses intents and purposes hereafter in these presents set down expressed and declared and 〈◊〉 no other use intent or purpose whatsoever ●●at is to say To the use of c. 20. This Indenture c. Between A. B. of Upon a Fcoffment the one part and C. D. and E. F. of the other part Witnesseth That the said A. B. for and in consideration of a Marriage c. and for settlement in name and blood c. vide Chap. 2 Hath granted aliened enfeoffed released and confirmed and doth by these presents grant alien enfeoffe release and confirm unto the said C. D. and E. F. their Heirs and Assigns for ever All that Mannor c. And the Revertion and Revertions Remainders and Remainders thereof and of every part thereof and all and every the Rent or Rents thereupon reserved due or payable or upon any part thereof To have and to hold the said Mannors c. unto the said C. D. and E. F. their Heirs and Assigns for ever to the several uses intents and purposes and under the several provisoes conditions and limitations hereafter in and by these presents expressed limited and declared and to or for none other use intent or purpose whatsoever That is to say c. Upon a covenant to stand seized c. 21. This Indenture c. Between A. B. of the one part and C. B. one of the Sons of the said A. B. of the other part Witnesseth That whereas the said A. B. is lawfully seized in his 〈…〉 esne as of Fee of and in all that Messuage c. setting down the particulars Now the said A. B. for and in consideration of the natural Love and Affection which he the said A. B. hath and beareth unto his said Son C. B. and for the advancement and maintainance of the said C. B. and preferment to his Heirs and for the establishing and setling of the said Messuage Lands and Premises according to the true intent and meaning of the said A. B. in such manner and form as is hereafter expressed and for divers good causes and considerations him the said A. B. hereunto moving Doth for him his Heirs Executors and Administrators covenant and grant to and with the ●●id C. B. his Heirs Executors and Administrato● ot That he the said A. B. and his Heirs and all and every other person or persons and his and their Heirs which now stand and be seized of and in the said Messuage Lands and Premisses and of every or any part or parcel thereof shall from henceforth stand and be seized thereof and of every or any part or parcel thereof to the use and behoof of the said A. B. for and during the Term of his natural Life and from and after his decease to the use and behoof of the Heirs Males of the Body of the said C. B. lawfully to be begotten and for want of such Issue to the use of the Heirs of the Body of the said C. B. lawfully to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 22. This Indenture c. Between A. B. of Upon a barg and sale for six months and a grant and release of the Revertion the one part and C. D. and E. F. of the other part Witnesseth That the said A. B. for and in consideration of the sum of 5 shillings of lawful money of England to him in hand paid before the sealing and delivery hereof the Receipt whereof he the said A. B c. Hath granted bargained and sold and by these presents doth grant bargain and sell unto the said C. D. and E. F. their Executors and Assigns all that Messuage c. And the Revertion and Revertious Remainder and Remainders thereof and of every part
seized thereof and of every part and parcel thereof to the use and behoof of me the said A. B. my Heirs and Assigns for ever 4. This Indenture made c. Between Another with a Feoffment added A. B. of the one part and F. G. of the other part Whereas the said A. B. did heretofore by his Indenture bearing Date the c. made between him the said A. B. on the one part and C. D. E. F. and G. H. on the other part Covenant grant and agree to and with the said C. D. E. F. and G. H. their Heirs Executors and Administrators That he the said A. B. and his Heirs in such manner and form as in and by the said recited or mentioned Indenture is Covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the said C. D. E. F. and G. H. and their Heirs and to the Survivor of them and his Heirs All and singular the Mannor of c. with general words to the several uses intents and purposes and under the several Provisoes and Conditions in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose whatsoever The particulars of which said Uses doth more plainly appear in and by the said recited Indenture relation being thereunto had or made In which said recited Indenture there is nevertheless contained and comprised one Proviso or Clause to the tenor or effect hereafter following Provided nevertheless c. reciting the Proviso and power of Revocation word for word Now witnesseth this present Indenture And the said A. B. according to the tenor power or liberty of the said Proviso being fully minded determined and resolved to alter and determine the Estate and Estates limited in Use in or by the said recited or mentioned Indenture unto I. S. of B. Esq and the Heirs Males of his Body and also the Estate and Estates limited in use in or by the said recited Indenture unto I. S. for term of his life without impeachment of Waste and after his decease then to B. S. son of the said I. S. and the Heirs Males of his Body lawfully begotten doth by these presents and by force of and according to the said Proviso and the power The Uses in particular revoked and liberty thereby given revoke repeal and determine all and every the said Estate and Estates in any wise limited in use in or by the said recited or mentioned Indenture unto the said I. S. and the Heirs Males of his Body lawfully begotten and also all and every the Estate and Estates in or by the said recited Indenture limited in use unto the said I. S. for term of his life and all and every the Estate and Estates in or by the said recited Indenture limited in use unto the said B. S. Son of the said I. and the Heirs Males of his Body lawfully begotten of in for and concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their Appurtenances in any wise comprised in or by the said recited or mentioned Indenture And likewise the said A. B. doth hereby declare that the said several and respective Estates limited as aforesaid severally and respectively unto the said T. S. I. S. and B. S. and every of them shall cease determine be frustrate void and of no further effect or continuance in Law And that New Use all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their Appurtenances and the onely use thereof shall from henceforth remain continue and be unto the said A. B. his Heirs and Assigns Now this Indenture further witnesseth that the said A. B. for and in consideration The Feoffment of One thousand pounds of lawful Moneys of England to him in hand payed before the sealing and delivery hereof by the said F. G. the receipt whereof c. Hath given granted enfeoffed and confirmed unto the said T. G. his Heirs and Assigns All that c. with usual general words as in a Feoffment To have and to hold the said c. unto the said F. G. his Heirs and Assigns for ever To the onely proper and absolute use and behoof of the said F. G. his Heirs and Assigns for evermore 5. To all Christian People to whom this present Writing shall come A. B. of c. doth Another of Uses setled upon a Covenant to stand seized send greeting in our Lord God Everlasting Whereas the said A. B. hath by his Indenture bearing Date c. for the consideration therein mentioned Covenanted granted concluded and fully agreed to and with C. D. of c. that the said A. B. and his Heirs and all and every other person and persons and their Heirs which then stood or were seized of all and singular the Mannor of c. should from thenceforth stand and be seized thereof and of every part and parcel thereof to the several uses and behoofs in the said recited Indenture limited and set forth And whereas in and by the said recited Indenture it is also Provided in these words following Provided always c. reciting the Proviso word for word Now know ye that the said A. B. being minded to revoke all and every the said Uses in the said recited Indenture mentioned and expressed in pursuance of the said power and authority to him given by the said Proviso doth by this present writing sealed and subscribed with his proper Hand and Seal declare his will and pleasure to be to adnul determine make void and frustrate And doth by these presents clearly and absolutely adnul make void and frustrate all and singular the said Uses in the said recited Indenture limited and all and every the Estate and Estates thereupon executed or to be executed of in or to the said Mannor c. and Premisses and of in and to every part and parcel thereof in such sort manner and form as if the said Uses or any of them had never been limited or appointed Any thing to the contrary c. 6. To all Christian People c. A. B. of c. Another made upon having Issue Male pursuant to the power given sendeth greeting c. Whereas by certain Indentures bearing Date the c. made between me the said A. B. of the one part and C. D. and E. F. of the other part It was for the Causes and Considerations in the said recited Indenture specified Covenanted granted and concluded between the said Parties to the said Indentures and every of them amongst other things in manner and form following that is to say First I the said A. B. did by the same Indenture for me mine Heirs Executors Administrators and Assigns and every of them Covenant Recital of a Covenant to Enfeoff to Uses grant conclude and agree c. recite here the Covenant to Enfeoff the said C. D. and E. F. To such Uses intents and purposes as
the said A. B. shall not at any time hereafter make do attempt practice knowledge suffer procure or execute any Act or Acts Thing or Things Conveyance or Assurance whatsoever whereby the said Lands Tenements and Hereditaments of the Gift and Grant of the said D. B. his late Uncle deceased or any part or parcel thereof shall or may in any wise be discontinued bargained sold aliened transferred given granted devised or otherwise passed or conveyed away unto any other Person or Persons whatsoever unless it be to the use and behoof of the said C. B. and his Heirs for ever Nota. There are several Covenants set down before which are not ordinarily used yet there may be sometimes occasion for them CHAP. XVI Containing the several Forms of Joyntures before and after Marriage 1. THis Indenture made the c. Between Upon a Marriage to be had A. B. of the one part and C. D. and E. D. his Daughter of the other part Witnesseth That the said A. B. doth by these presents Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. shall and This Covenant is sometimes used will before the Feast of c. next ensuing the Date hereof marry and take to wife the said E. D. Daughter of the said C. D. if the Laws of the Church will permit the same and the said E. D. shall thereunto consent and agree And the said C. D. for him his Executors and Administrators doth Covenant and grant to and with the said A. B. that the said E. D. shal likewise before the said Feast of c. marry and take to Husband the said A. B. if the Laws of the Church will permit the same and the said A. B. Covenant to stand seized after the Marriage had shall thereunto consent and agree 2. And the said A. B. doth for him his Heirs Executors and Administrators by these presents in consideration of the said Marriage so to be had and solemnized and for the full and entire Joynture of the said E. D. in case she shall happen to over-live the said A. B. And in full For Joynture and in satisfaction of Dower recompence and satisfaction of all the Dower and Title of Dower which she the said E. D. by or after the death of the said A. B. shall or may have to any the Mannors Lands Tenements and Hereditaments whereof the said A. B. shall during the Coverture between him and the said E. D. be seised of any Estate of Inheritance and for the advancement of the said E. D. and of the Heirs Males of the Body of the said A. B. upon the Body of the said E. D. to be lawfully begotten And for divers other good causes and considerations him the said A. B. thereunto moving Doth for him and his Heirs Covenant and grant to and with the said C. D. his Heirs Executors and Administrators in manner and form following That he the said A. B. and his Heirs and all and every person and persons and his and their Heirs which now stand and be seised of and in all that Messuage c. mention here the several Messuages and Lands and of and in every part and parcel thereof shall from and after the said inter-Marriage stand and be seised of all and singular the said Messuages Lands Tenements Hereditaments and other the Premisses with the Appurtenances to the only uses and intents hereafter in and by these presents expressed limited and declared and to no other use intent or purpose whatsoever that is to say to the only use and behoof of the said A. B. and E. for and during the term of the natural lives of them the said A. B. and E. and of the longer liver of them and from and after the decease of the longer liver of the said A. B. and E. to the use and behoof of the Heirs Males of the Body of the said A. B. upon the Body of the said E. lawfully to be begotten and for default of such Issue to the use and behoof of the right Heirs of the said A. B. for ever Vide Chap. 14. for Covenants 3. This Indenture c. Between A. B. of Another before Marriage the first part C. D. and E. F. of the second part and C. B. Son and Heir apparent of the said A. B. and G. D. one of the Daughters of the said C. D. on the third part Whereas a Marriage is intended to be shortly if God permit had and solemnized between the said C. B. and G. D. Now witnesseth this present Indenture That Consideration in consideration of the said Marriage and of a competent sum of Mony by the said C. D. in hand paid before then sealing hereof to the said A. B. as the marriage Portion of the said G. D. and of the natural love and affection which the said A. B. beareth unto the said C. B. and for provision of maintenance for the said C. B. and G. D. in case the said Marriage take effect And for a competent Joynture for the said G. D. in case she shall happen to survive and overlive the said C. B. and in full recompence and satisfaction of all the Dower and Title of Dower c. a Vide Sect. 2. He the said A. B. doth Covenant c. to levy a Fine come ceo c. vide Chap. 3. Sect. 1. 2. of such Mannors Messuages c. unto the said C. D. and E. F. 4. And it is Covenanted granted concluded The Uses declared and fully agreed by and between all and every the Parties to these presents That the said Fine to be had and levyed as aforesaid shall be and inure and the said Cognizees therein to be named and the Survivor of them his and their Heirs shall stand and be seized of and in the said Mannors c. to the uses intents and purposes hereafter following that is to say to the end The Son and his Wife to have an Annuity during Fathers life intent and purpose that the said C. B. and G. D. shall and may from and after the said Marriage for and during the Term of their natural lives and the natural life of the longer liver of them if the said A. B. shall and do so long live lawfully and peacably have and receive out of the said Mannors of c. and all other the Premisses one Annual Rent or sum of Two hundred pounds of lawful Moneys of England at two days or Feasts of the year that is to say It the Feast of Th' annunciation of St. Mary the blessed Virgin and of St. Michael Th'archangel by even and equal portions the said Rent to be payed at or in the now dwelling House of the said A. B. scituate and being in c. aforesaid and the first payment thereof to begin at such of the said Feasts as shall next and immediately happen after the said intermarriage had and solemnized
That the Mannor is of such value Further Assurance clear yearly value of One Hundred pounds per annum over and above all Charges and Reprises And here also may be added a Covenant from A. B. for further Assurance c. viz. for the better and more perfect assuring and sure making of all and singular the Premisses to the said E. G. for term of her life only in form aforesaid And that all and every Feoffments Fines Conveyances and Assurances to be had made knowledged done suffered or executed of the said Premisses or any part thereof by the said A. B. during the life of the said E. shall be and inure to the uses intents and purposes aforesaid and to none other use intent or purpose whatsoever And further that she the said E. To enjoy from and after the decease of the said A. B. according to the intent and true meaning of these presents shall or lawfully may during the term of her natural life have hold and quietly enjoy the said Mannor c. without any lawful let suit eviction or interruption of the Heirs or Assigns of the said A. B. or of any other person or persons whatsoever lawfully claiming by from or under the said A. B. his Heirs or Assigns or any of them 9. And the said A. B. for himself his Executors Not to intermeddle with his Wives Childrens Portions and Administrators doth Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Executors and Administrators by these presents that he the said A. B. his Executors or Administrators shall not at any time or times hereafter have receive take or any way intermeddle with the Portion or Portions Legacy or Legacies or any part thereof appertaining or belonging given or bequeathed due or to be due to I. G. B. G. and R. G. the Children of the said E. G. or any of them or with the increase or profits thereof or by reason of the same arising coming or growing or that hereafter shall arise come or grow of the same or any part or parcel of the same increase other than such parcel thereof as by Covenant hereafter in these presents expressed is yearly to be paid unto the said A. B. or his Assigns for and towards the charges of bringing up the said Children but shall permit and suffer the said C. D. and E. F. and the Survivor of them and the Executors or Administrators of the Survivor of them to have the ordering putting forth and disposing of the said Portion and Portions Legacy and Legacies sum and sums of Mony appertaining and belonging unto the said Children and every of them and every part and parcel thereof and of the increase and profits arising by the said Moneys and every part thereof for the benefit and advantage of the said Children respectively according to the appointment and direction of the said E. G. 10. And that he the said A. B. shall deliver To deliver up all the Specialties which touch the Childrens Portions to the Trustees To make Letters of Attorney to su● for Portions or cause to be delivered unto the said C. D. and E. F. or the survivor of them upon reasonable request by him or them to be made all such Bonds Obligations and Specialties wherein or whereby any person or persons are or do stand bound unto the said E. for touching or concerning the said Portions or Moneys of the said Children or any of them as shall come unto the hands or possession of the said A. B. and shall also make seal and duly execute unto the said C. D. and E. F. or the survivor of them such Letter or Letters of Attorney for the better enabling them or the survivor of them to sue for and recover the sum and sums of money contained in the said Bonds Obligations and Specialties or any of them as by the said C. D. and E. F. or the Survivor of them or the Counsel Learned of them or the Survivor of them shall be devised advised or required for the use and benefit of the said Children And that the said A. B shall not release or discharge Not to discharge Specialties or release Suits the said Bonds Obligations or Specialties or any of them or any Suit Action or Actions Judgment or Judgments to be had or prosecuted upon the said Bonds Obligations or Specialties or any of them by force of the Authority to be given as aforesaid nor shall at any time hereafter release or countermand the said Letter or Letters or Attorney to be given as aforesaid or any of them 11. And that he the said A. B. shall and To permit his Wife to make a Will will permit and suffer the said E. to dispose by her last Will and Testament in Writing to any Person or Persons whatsoever any sum or sums of Mony at her pleasure not exceeding in the whole the sum of Five hundred pounds And that he the said A. B. shall not any way countermand or revoke the same And that he the said A. B. his Executors and Administrators in case he shall happen to survive the said E. shall and will well and truly satisfie content and pay or cause to be satisfied contented and payed the Legacies in and by the said Will of the said E. to be devised as aforesaid or so much of them as shall not exceed the sum of Five hundred pounds according to the purport and true meaning thereof within one year next after the decease of the said E. upon the lawful and reasonable demand of the several and respective Legacies to whom such Legacy or Legacies shall be given as aforesaid 12. And the said C. D. and E. F. for them The Trustees to make yearly allowance for the Childrens Maintenance and either of them their and either of their Executors and Administrators do Covenant and grant to and with with said A. B. his Executors and Administrators by these presents That they the said C. D. and E. F. or one of them their or one of their Executors or Administrators shall and will yearly from and after the said Marriage so had and solemnized as aforesaid and during so long time as the said Children or any of them shall be at the finding and providing of the said A. B. well and truly pay or cause to be paid unto the said A. B. for every of the said Children so sojourning with and being provided for by the said A. B. the sum of c. per annum at the Feasts of c. by equal portions out of the increase and profit arising and accruing by their respective Portions as aforesaid And that the said C. D. and E. F. and the Survivor of them shall imploy and bestow the residue of the said increase and profit in such sort and manner as the said E. shall direct and appoint for the further benefit and advantage of the said Children And that they To
upon this further Maintenance allowed to the Daughters until Portions paid trust and confidence and to the end intent and purpose that the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors and Administrators shall out of the Rents Issues and Profits of the said Mannor of B. c. and Premisses so to them limited for raising of Portions no aforesaid with their and every of their Appurtenances levy and pay or cause to be levyed and payed to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Fifty pounds per annum and if there be two or more Daughters the sum of Thirty pounds per annum a piece until such Daughter or Daughters respectively shall attain to her or their Age or Ages of Eighteen years or shall be Marryed and her or their Portions payed as aforesaid 17. Provided always and it is the true intent and meaning of these presents and of all If A B. die without Daughters the limitation for years to cease the Parties hereunto That if the said A. B. shall happen to depart this life without any Issue Female of his Body upon the Body of the said E. begotten or without leaving the said E. with Child of one or more Daughter or Daughters that shall be born alive That then the Estate so limited as aforesaid to the said C. D. E. F. and G. H. for one and twenty years shall cease determine and be utterly void Provided also That from and immediately after such After the Portions raised the Estate limited for years to cease time or times as the aforesaid C. D. E. F. and G. H. their Executors or Assigns shall or might have levyed and raised the said several sums for Portions and present maintenance of such Daughter and Daughters as aforesaid that then the said Estate for years limited to them in trust as aforesaid shall cease determine and be utterly void And the said Mannor of B. and all and singular other the Premisses so to the said C. D. E. F. and G. H. limited for years in trust as aforesaid shall immediately go and be to such Person and Persons to whom the Reversion or Remainder of the Premisses shall belong and appertain 18. Provided always and upon this further The limitation to Wife as to a 5th part to be altered upon her second Marriage Condition and to the further use intent and purpose That if the said A. B. happen to depart this life leaving one Son or more of his Body on the the Body of the said E. lawfully begotten And the said E. do him survive and do afterwards intermarry or take another Husband That then from and immediately after such Marriage as aforesaid As for and concerning one fifth part of the said Mannor of A. c. the whole in five parts being divided before in and by these presents limited and appointed or mentioned to be limited and appointed to and for the Ioynture of the said E. the use and Estate thereof limited and appointed as aforesaid to the said E. shall cease determine and be utterly void and that then and from thenceforth the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Heirs and Assigns shall stand and be seized of the said fifth part of the said Mannor of A. c. immediately from and after the said intermarriage to the use and behoof of the said Son or of the eldest Son in case there be more for and during the term of the natural life of the said E. Any thing herein before contained to the contrary thereof in any wise notwithstanding Here may be added a Covenant to alter the use to the Wife in case of Usual Covenants her suit for Dower vide Sect. 13. in this Chapter and also Covenants that A. B. is seized in Free and hath authority to assure the Premisses to the uses before and to make further assurance vide Chap. 14. and also a Power to A B. to revoke all the uses except what is limited to his Wife vide Cap. 11. 19. This Indenture c. Between A. B. on A Rent setled on the intended Wife for satisfaction of Dower Consideration the one part and C. D. and E. F. on the other part Whereas a Marriage is by the grace of God to be shortly had and solemnized between the said A. B. and E. D. Daughter of the said C. D. Now witnesseth this present Indenture that for the absolute and perfect Ioynture of her the said E. D. in case the said Marriage take effect and for and in recompence barr and full satisfaction and discharge of all and singular the Dower or Title of Dower which the said E. D. shall or may have or lawfully claim of in or to the Lands Tenements or Hereditaments of the said A. B. he the said A. B. hath given granted enfeoffed and confirmed and doth by these presents give grant enfeoff and confirm unto the said C. D. and E. F. their Heirs and The Feoffment Assigns for ever All that c. To have and to hold the said Messuage Lands Tenements and Premisses and every part and parcel thereof with their and every of their Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever To the uses intents and purposes hereafter mentioned that is to say To The uses to charge the same with a Rent the use end and intent that the said E. D. in case the said Marriage take effect may immediately from and after the decease of the said A. B. if she happen to survive him have perceive and take out of the said Messuage Lands Tenements and Premisses for term of her natural life One annual Rent or yearly sum of One hundred pounds per annum of good and lawful Mony of England at two days or Feasts in the year that is to say At the Feast of Th●●nnunciation of St. Mary the blessed Virgin and the Feast of St. Michael Th●archangel by even and equal portions the first payment thereof to begin at such of the said Feasts as shall next and immediately happen from and after the decease of the said A. B. To have perceive and enjoy the said Annuity or yearly Rent of One hundred pound per annum from and after the decease of the said A. B. unto the said E. and her Assigns for and during the term of her natural life the first payment thereof to begin as aforesaid 20. And further to this use intent and purpose That if it shall happen the said Annuity Clause of Distress or yearly Rent of One hundred pounds per annum or any part thereof to be behind or unpayed after either of the said Feast Days whereon the same ought to be paid as aforesaid That then and from thenceforth it shall and may be lawful to and for the said E.
before such Will or Testament made by the said E. Then of so much of the Goods and Chattels of the said A. B. as shall amount to or not exceed the said sum of Two hundred pounds without any let disturbance or contradiction of the said A. B. and in as large and ample a manner as if the said E. were then a Feme sole and unmarryed 7. And further that she the said E. shall Another to the same purpose or may at any time during the Coverture between her and the said A. B. without any lett or disturbance of the said A. B. or of any other by his means make and declare her Will and Testament and thereby or by any other Writing by her to be subscribed in the presence of two or more credible Witnesses give bequeath assign or appoint to any person or persons whatsoever any sum or sums of money so as the same exceed not in the whole the sum of Two Hundred pounds of lawful moneys of England And that if he the said A. B. do over-live the said E. That then and not otherwise he the said A. B. his Executors or Administrators shall and will within Six Moneths after the decease of the said E. and after request to him or them to be made in that behalf execute and perform or cause to be executed and performed the same her Will and Testament Gift Bequest Assignment or Appointment to any value not exceeding in the whole the said sum of Two Hundred pounds according to the intent and true meaning of the said Will or Writing That if the Lands setled in Joynture fail of the value the Fxecutors of the Husband to make it up 8. And the said A. B. for himself his Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Executors and Administrators by these presents That in case the said E. shall survive the said A. B. and shall be minded to lett the Premisses before limited and appointed to her for her Ioynture to Farm for a yearly Rent and shall make offer so to do to the Executors or Administrators of the said A. B. or any of them and that they shall upon such offer made refuse to take the same to Farm at the yearly Rent of Thirty pounds per annum of lawful money of England That then and in such case the said Premisses shall be rated and valued by Four substantial men of the same Parish where the said Messuage and Lands are scitu●te and do lye whereof the said Executors or Administrators are to choose Two and the said E. the other Two at a certain yearly value according as other Lands of like quality and goodness are lett within the said Parish And in case the said rate and value made and put upon the said Premisses as aforesaid shall not amount unto the said sum of Thirty pounds per annum the said Executors or Administrators shall and will well and truly pay or cause to be paid unto the said E. so much lawful money of England yearly and every year on the Feast Day of St. Michael the Archangel as shall make up the said yearly value or Rate of Thirty pounds per annum until such time as they can procure a good and sufficient Tenant to take the same at the said Rate of Thirty pounds per annum under such Covenants and Agreements as other Lands are usually letten within the same Parish and for the term of One and Twenty years or more determinable upon the death of the said E. 9. And further for and upon the Consideration To make up what shall be evicted of the Lands setled in Joynture aforesaid he the said A. B. doth for him the said A. B. his Executors and Administrators Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Executors and Administrators That if the said E. his now Wife shall happen to survive and over-live him the said A. B. and shall at any time after the decease of the said A. B. be lawfully evicted or put out of or from the said Messuage and other the Premisses limited to her as aforesaid for her Ioynture or any part or parcel thereof That then the Executors or Administrators of the said A. B. shall well and truly pay or cause to be paid unto the said E. so much lawful money of England for the said Premisses or part thereof being so evicted from the said E. as aforesaid as the same shall amount unto at the Rate of Six years purchase for and according to the yearly value of the same within Three moneths after such eviction 10. And the said A. B. for himself his Executors To pay back part of the Portion if the Wife die c. and Administrators doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That in case the said E. shall happen to depart this life within Three years after the said Marriage had and solemnized as aforesaid without having any Issue of her Body lawfully begotten by the said A. B. then living That then and in such case the said A. B. his Executors or Administrators shall and will for and in respect of the said sum of Five Hundred pounds of lawful moneys of England by him received as aforesaid as the Marriage-Portion of the said E. repay and satisfie or cause to be repayed and satisfied unto the said C. D. the sum of Three Hundred pounds of lawful moneys of England at one entire payment within Six moneths next after the decease of the said E. CHAP. XVIII Containing the General words commonly used for the passing of Mannors Messuages Lands c. 1. ALL that the Mannor of L. with A Mannor Th' appurtenances in the County of M. And also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasowes Pastures ●eedings Waies Wastes Waste-grounds Commons Commodities Moors Marishes Wood-grounds Woods Vnder-woods Waters Water-courses Ponds Pools Liberties Fishings Rents Reversions Services Fines Amerciaments Court-leets Courts-baron Views of Frank-pledge and profits of Courts and all that to Courts and Leets belongeth Waifs Estrays Goods and Chattels of Felons and Fugitives Customs Rights Iurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with Th' appurtenances of whatsoever kind nature or quality or by whatsoever Name or Names they are called or known by scituate lying and being coming renewing arising or growing in L. aforesaid or elsewhere in the said County of M. to the said Mannors Messuages Lands Tenements Meadows Pastures Feedings and other the Premisses or to every or any of them in any wise belonging or appertaining or incident thereunto or as part parcel or member thereof or at any time heretofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof 2. All that the Mannor or Lordship
by whom or by whose means or procurement or in whose right she the said G. F. her Executors or Administrators her or their goods or chattels or any of them shall be so arrested attached molested or troubled contrary to the true and plain intent and meaning of these presents 35. Provided alwaies that if all the said Proviso to make void if all do not seal Creditors above named do not or shall not at or before the c. sign seal and as their Act and Deed deliver in due form of Law one part of these presents unto or to the use of the said G. F. that then these presents and every matter and thing therein contained shall be clearly void and of none effect as if the same never had beén made 36. And the said G. F. for her self her Executors Covenant to seal the bonds and Administrators doth covenant and grant to and with the said Creditors and every of them their and every of their Executors and Administrators That in case all the said Creditors shall in due form of Law sign seal and execute one Part of these presents as aforesaid unto or to the use of the said G. H. on or before the c. That then she the said G. F. her Executors or Administrators shall and will in due form of Law make or cause to be made and duly seal and execute the said several Obligations and leave the same at the place aforesaid to and for the said Creditors upon or before the c. In witness c. Another to a Merchant remaining beyond Sea to come into England c. for a Year 37. TO all c. We c. nameing all the Losses of the Debt●r Creditors of C. D. now commorant in the Parts beyond Sea do send greeting Know ye That we the said Creditors being particularly sensible of the divers losses and impoverishments lately befallen upon him the said C. D. as well by Sea as by Land whereby as he affirmeth he is disabled at present to make payment unto us of the several Debts and Sums of Money by him due and owing unto us respectively In Consideration whereof and at the special request and desire of the said C. D. That some respit of time may be given him for the gathering in and recovering of his Debts and the effecting of some means for the payment of the several debts by him unto us severally due as aforesaid 38. Have given and granted and by these Power given for a year to come hither and trade c. presents We and every one of us for our and every of our Executors Administrators and Assigns do give and grant unto the said C. D. his Executors and Administrators full and free license and liberty whereby the said C. D. his Executors and Administrators and every of them shall and may freely and quietly at his and their liberties and pleasures when and as often as it may or shall please him or them to go pass repass sojourn dwell and abide with all and singular the Goods Chattels Wares Merchandizes and other things whatsoever of the said C. D. his Executors and Administrators in by and through the Realm of England and the Cities Towns Places and Dominions thereof and elsewhere to and for his and their and every of their most and best advantage commodity and profit and to buy sell exchange or by any waies means or kind of Merchandizing or otherwise imploy deal or trade for any manner of Goods Chattels Wares Merchandizes or other things whatsoever to him or them now belonging or hereafter to be belonging as aforesaid from time to time during the space of one whole year next ensuing the Date of these presents without any lett sail trouble impediment arrest attachment prosecution or impleading or any other grievance hurt or vexation by or through us or any of us or by the Executors Administrators or Assigns of us or any of us in any wise to be done procured or attempted against the said C. D. in his own person or against his Executors or Administrators or any of them or his their or any of their Goods Chattels Wares Merchandizes Money Debts or any other thing whatsoever or any part or parcel of them or any of them for touching concerning upon or by reason or means of any Debt or Debts Duty or Duties Sum or Sums of Money now due or owing by the said C. D. to us his said Creditors or any of us 39. And further we the said A B. D B. E. F. c. That they will not prosecu●e or molest the Debtor if so he to be discharged against the prosecutor and every of us by himself for his own Part and for himself his Executors and Administrators and every of them doth covenant and grant to and with the said C. D. his Executors and Administrators and every of them by these presents That if any suit arrest attachment process impediment or other grievance hurt or vexation whatsoever before the end or exspiration of one whole year next ensuing the Date hereof in any wise shall be brought had done procured or effected by or through us or any of us the said Creditors or the Executors Administrators or Assigns of us or any of us or by through or with the will procurement commandment or agreement of us or any of us our or any of our Executors Administrators or Assigns against the said C. D. his Executors or Administrators Sureties or Factors or any of them or against his their or any of their Wares Goods Chattels Merchandizes Moneys Debts or other things whatsoever or any of them or any part or parcel of them or any of them for touching or in any wise concerning or by means or by reason of any Debt or Debts Duty or Duties Sum or Sums of Money whatsoever now due or owing by the said C. D. to us or any of us his said Creditors that then immediately from thenceforth the said C. D. his Heirs Executors and Administrators and every of them shall for ever be acquitted and discharged against him or them of us his said Creditors his and their Executors Administrators and Assigns and every of them by whom any such suit occasion arrest process attachment trouble impediment or other greivance hurt or vexation whatsoever shall in any wise be had brought affirmed or prosecuted to or against the said C. D. his Executors Administrators or Assigns or against his their or any of their Goods Chattels Wares Merchandizes Debts Moneys or other things whatsoever within the said one year contrary to the true intent and meaning of these presents of and from all and singular such Debt and Debts Duty and Duties and Sum and Sums of Money and other thing and things whatsoever due owing or demandable by or from him the said C. D. unto us or any of us our or any of our Executors Administrators or Assigns that such account suit arrest process attachment trouble impediment grievance
business and the wages and allowance of one Servant agreed to be hired by the said E. F. and C. D. for the managing and writing of the books of Account to be kept here in England concerning the said joynt trade and ●usiness is hereby agreed by and between the said Parties to these presents to be payed and allowed out of the joynt stock of this Copartner-ship 17. And the said G. H. for himself his Covenants of him who deals beyond Sea Executors and Administrators and for every of them doth Covenant and grant to and with the said A. B. C. D. and E. F. and every of them their and every of their Executors and Administrators by these presents in manner and form following that he the said G. H. shall not nor will at any time or times during this Copartnership leave transfer or commit the business trade or imployment of or concerning the said joynt Trade and Copartnership in any place or places beyond the Seas where he shall have full charge Not to commit his trust to any but by agreement of the rest and disposing nor any Bills or Specialties concerning the same to any person or persons whatsoever other than such as shall be thought fit by the said A. B. C. D. and E. F. or the survivors or survivor of them and their special consent and agreement in writing under their hands in that behalf for the same first had and obtained 18. And further that he the said G. H. shall To keep books of account from time to time hereafter during the said Copartnership keep or cause to be kept in such place and places beyond the Seas where he shall continue to be imployed just and true book and books of Accounts and reckonings of all and every his dealings doings buyings and sellings and imployments touching and concerning the premisses in such ample sort manner and form in every respect as Merchants of the said Trade commonly use to do 19. And shall not onely send and consign weekly if it conveniently may be unto the To give notice and account of all his Transactions weekly if it conveniently may be unto the said E. F. and C. D. true Copies of his weekly journal and particulars of all Clothes and Wares received and sold Goods sent and Moneys payed and sent by Exchange and other his dealings whatsoever touching the said joynt account but also at the end of every six months next ensuing each other to be reckoned and accounted from the Day of c. next ensuing the Date of these presents during the said Copartnership consign and send over unto them the said E. F. and C. D. as aforesaid a true plain and perfect general Account in writing under his hand of all his Receipts payments buyings sellings dealings doings and imployments whatsoever then before by him passed or done touching or concerning the said joynt Account and Copartnership particuralizing therein all the Charges laid out and Clothes Wares and other things then remaining in his hands 20. And shall and will during the continuance To bear his Charges of this joynt Trade at his own proper and particular Charges for the consideration aforesaid bear and pay all the Costs of his own Dyet Lodging Entertainment and Accommodations in the parts beyond the Seas 21. And further that it shall and may be His liberty for the rest to peruse the Accounts of G. H. lawful to and for the said A. B. C. D. and E. F. or any of them or any of their Executors Administrators Servants or Assigns at his and their free wills and pleasures to have free liberty of ingress egress and regress into out of and from the Counting house or Room of the said G. H. for the Time being in the parts beyond the Seas and shall and may freely as occasion shall require as well view and peruse the said Books of Accounts and all Bands Bills and Specialties whatsoever as also all Wares Goods and Merchandizes and other things whatsoever in the parts beyond the Seas relating to the said joynt Trade in the Hands Custody or charge of the said G. B. 22. And moreover that he the said G. H. To send the proceeds of what he shall receive shall and will with all convenient speed he may from time to time hereafter during the said joynt Trade consign remit and send over to the said E. F. and C. D. from the said parts beyond the Seas in Mony by Exchange and in Wares and Merchandizes the proceeds of all Wares Clothes and other things that shall be by him received and in his disposing touching and belonging to the said joynt account 23. And further that he the said G. H. shall To take up Moneys to advance the trade and will from time to time hereafter during the said Copartnership endeavour what he may the taking up such Moneys in the said parts beyond the Seas for the said joynt account as shall be needful and otherwise advance and benefit the same what he may And also it s agreed by and between all the said Parties that if the said G. H. shall at any time or times hereafter take up or The rest to be equally bound to pay borrow at interest or otherwise any sum or sums of Mony for the said joynt account that then the said A. B. C. D. and E. F. and every of them their and every of their Executors and Administrators shall by these presents be lyable for the payment of the said sum and sums of Mony and every of them as fully in every respect as the said G. H. his Executors or Administrators And also if in case the said A. B. C. D. and E. F. or any of them shall at any time or times hereafter take up or borrow at interest or otherwise any sum or sums of Mony for the said joynt account that then the said G. H. his Executors and Administrators shall be by these presents lyable and ingaged together with the said A. B. C. D. and E. F. for the repayment of the said sum and sums of Mony and every of them as fully in every respect as the said A. B. C. D. and E. F. or any of them their or any of their Executors or Administrators The particular Covenants of E. F. To keep the books of Account of the trade in England 24. And the said E. F. for himself his Executors and Administrators and every of them doth Covenant and grant to and with the said A. B. C. D. and G. H. and every of them their and every of their Executors and Administrators by these presents in manner and form following that is to say That he the said E. F. shall and will from time to time and at all times hereafter during the said Copartnership manage and keep or cause to be managed and kept by such Servant ● or Book-keeper to be hired or entertained as aforesaid just and true Book and Books of Account and Reckoning
Iournal and Leiger of all and every the Receipts Dealings Payments Buyings Sellings and Imployments of the said E. F. and the said C. D. concerning the premisses here in England in such Every 6. Months to give the rest a ballance of the account ample manner and sort in every respect as other Merchants of the said Trade commonly use to do and at the end of every six Months that is to say The last Day of Iune and last Day of December yearly during the said Copartnership perfect the said Books and give to each of the other Partners a true ballance thereof 25. And further that it shall and may be Liberty for the rest to view the Accounts of E. F. lawful to and for the said A. B. C. D. and G. H. and every of them their and every of their Executors Administrators Servants or Assigns at convenient times at their and every of their free wills and pleasures to have free liberty of ingress egress and regress into out and from the dwelling house of the said E. F. and his Counting-house and ware-house there and shall and lawfully may freely as occasion shall require view and peruse all Books of Account and all Bonds Bills Writings and Specialties Goods Wares and things whatsoever there in the hands custody and charge of the said E. F. touching the said joynt Account 26. And the said C. D. for himself his Executors The particular Covenants of C. D. and Administrators and for every of them doth Covenant and grant to and with the said A. B. E. F. and G. H. and every of them their and every of their Executors and Administrators by these presents in manner and form following that is to say That he the said C. D. shall and To keep Accounts will during the said Copartnership keep or cause to be kept true Accounts in writing of all his Receipts Payments Buyings Sellings Dealings and Doings touching and concerning the said joynt account and shall and will from time to time produce and shew forth the same unto the To shew them to E F. c. said E. F. and his Servants and the said Servant to be hired as aforesaid whereby the said E. F. or the said Servants or one of them may be inabled to keep the said Books and Accounts Iournal and Lieger of all business whatsoever touching the said joynt Trade or Account here in England in manner and form aforesaid 27. And further that he the said C. D. shall To assist E. F. c. and will during the time of the said Copartnership be equally aiding and assisting in all the managing and keeping of the said Books and Accounts to be managed and kept as aforesaid for the said joynt account here in England within the said dwelling-house of the said E. F. as aforesaid 28. And also that it shall and may be lawful To suffer the rest to view Accounts c. to and for the said A. B. E. F. and G. H. and every of them their and every of their Executors Administrators or Assigns at their every of their free wills and pleasures at convenient times to have free liberty of ingress egress and regress into out of and from the Dwelling-house Counting-house and ware-house of the said C. D. for the time being and shall and may freely as occasion shall require view and peruse all Books of Accounts and all Goods Wares Merchandizes and other things touching the said joynt Trade in his custody and charge 29. And the said A. B. C. D. and E. F. do Covenant A. B. C. D. and E. F. to bear their own private charges and grant each of them for himself his Executors and Administrators to and with the other of them his Executors and Administrators and every of them by these presents That they the said A. B. C. D. and E. F. shall and will respectively during the said joynt Trade for the consideration aforesaid bear and defray their own private and particular Charges and Expences both for themselves and their particular Servants and Families and likewise the particular Rents for their Houses and Ware-houses 30. And that the said E. F. and C. D. shall Contracts Bonds c. in whose names and will make or cause to be made all bonds bills specialties and contracts whatsoever by them respectively to be taken and made concerning the said joynt account here in England in the joynt namēs of the said C. D. and E. F. for the use of them the said E. F. and C. D. and of the said A. B. and G. H. and that the said A. B. and G. H. their Executors and Administrators shall by force of these presents be joyntly interested in and ingaged for and concerning the same 31. And further it is covenanted granted Money lent by Copartners to the stock concluded condiscended and agreed by and between the said Parties to these presents and each and every of them by and for himself his Executors and Administrators doth covenant and grant to and with the other of them his Executors and Administrators in manner and form following That is to say Chat if any of them the said A. B. C. D. E. F. and G. H. shall at any time or times hereafter during the said Copartner-ship lend unto the said joynt Account any sum or sums of Money over and above their present stock put in as aforesaid into stock to be used and imployed to and for the use of the said Copartnership and joynt Trade during the continuance thereof or for so long time thereof as he or they so lending the same or his or their respective Executors or Administrators shall think good That then it shall and may be lawful to and for such of them the said Copartners their Executors or Administrators upon three Months warning to have receive and take forth out of the said joynt Account Stock and Gains in ready Money such principal Sum and Sums of Money by them the said Copartners respectively lent to the said joynt Account or such Part thereof as he or they lending the same shall think fit And also that it shall The Interest to be allowed and may be lawful to and for the said A. B. C. D. E. F. and G. H. or any of them respectively lending any sum or sums of Money as aforesaid for and during so long time as the said Sum or Suins of Money or any Part thereof shall remain or continue in the account of this Copartner-ship and not payed or taken from thence unto or by him or them so lending the same to take out of the said Accompt Stock and Gains of this Copartner-ship and be allowed the same after and according to the Rate of six pound the hundred yearly for the Interest and Vse of every hundred pounds to be lent as aforesaid and so after and according to the same Rate of six pound sterling the Year for longer or lesser time than a Year or for a
aforesaid to be taken in the Names of the said Parties for the said partible use or for any thing appertaining or which shall appertain to the said Copartnership whereby to defeat or defraud the other Copartner his Executors or Administrators of his or their just part or of any part thereof or for any lesser or smaller sum or sums of Mony than the person or persons so indebted shall truly owe or stand charged to pay reasonable Compositions and Abatements of and for Debts due and to be due owing and appertaining to the said Parties in respect of their said joynt trade for leaking or return of musty Beer or naughty Beer and such like to be made without fraud or covin and no further disadvantage or profit of the one Copartner than the other his Executors or Administrators only excepted But that either of them the said Parties shall do his best endeavour for the Recovery and getting in of the same and after the same so recovered shall deliver the moiety thereof all reasonable costs and charges deducted according to the true intent and meaning of these presents to the other of them his Executors or Administrators 109. And forasmuch as the said Parties to Determination of Controversies these presents are minded and intended to be Brewers and the knowledge of all matters concerning the said Trade and Mistery is best acquainted to men of the same Trade they the said Parties do Covenant conclude and agree for them their Executors and Administrators by these presents respectively that if at any time or times hereafter any controversie or debate shall happen to arise or grow between them the said Parties for or touching the premisses or any part thereof or any thing herein contained or specified that then and so often the said Parties their Executors and Administrators and every of them shall shew the cause of such controversie before any suit at Law shall be commenced touching the same unto four honest and discreet men of the same Trade or Mistery whom they shall nominate appoint and make choice of to hear and determine such variances doubts and controversies as shall happen to arise between them And shall stand to abide perform and keep all and every such award order final end and judgment as in that behalf shall be set down by the said four Men so to be nominated chosen and appointed between them to have the hearing and determination of such controversies so as they do order judge and give up their award thereupon in writing unto the said Parties subject thereunto within forty days next after such reference as aforesaid made unto them In witness c. Another form of Copartnership between a Pewterer and another person who puts in the Stock and the Pewterer manageth the Trade 110. THis Indenture made c. Between A. B. of the one part and C. D. of c. Pewterer of the other part Witnesseth That whereas the said A. B. for and in respect of the love and good affection The Stock put in by one and how to be imployed which he beareth unto the said C. D. and for his better preferment and advantage in his trade and profession before the ensealing and delivery hereof hath disbursed and delivered unto the said C. D. the sum of Three hundred pounds of lawful Moneys of England to be used laid out and imployed by the said C. D. in the said Art Trade or Profession of a Pewterer in buying of Pewter and other things needful to be used in and about the said Art or Trade and in duying casting soldering vending and selling of all such Wares Goods and Merchandizes incident to the said Art Trade or Profession of a Pewterer as by the said A. B. and C. D. shall be thought meet and convenient in a Shop for that purpose to be made ready at the cost and charges of the said C. D. in or about the now Messuage Tenement or Yard of the said C. D. scituate and being in c. from the day of the Date of these presents unto the full end and term of Ten years from thence next ensuing and fully to be compleat and ended if the said C. D. do and shall so long live 111. In consideration whereof the said C. To do his endeavour to advance the Trade D. for himself his Executors and Administrators doth Covenant grant and agree to and with the said A. B. his Executors Administrators 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. D. shall and will at all times hereafter and from time to time during the said term of ten years if the said C. D. shall so long live diligently and carefully imploy himself and do his best endeavour to the uttermost of his power and skill in and about the buying selling casting soldering and finishing of all such Works Wares Goods and Merchandizes as are incident or belonging to the Art Trade and Profession aforesaid and in doing executing and performing of every other thing which shall be necessary to be done and put in ure in about or concerning the said Art Trade or Profession of a Pewterer for the raising of Gain and as much as in him lies for preventing of Loss 112. And that all such gains profit and Gains and increase divided increase as shall come grow arise or be had gotten or received by the said C. D. his Servants or Assigns by reason or means of using or exercising the said Trade or Profession of a Pewterer or by buying selling casting or soldering of Pewter new or old or any other Wares Goods and Merchandizes belonging to the Art Trade and Profession aforesaid shall be equally shared parted and divided in halves between the said parties their Executors and Assigns in such manner and form following as is hereafter mentioned that is to say The said A. B. his Executors Administrators or Assigns shall have and receive the one moiety or half part thereof and the said C. D. his Executors Administrators or Assigns shall have and receive the other moiety or half part thereof 113. And for the better and more effectual Neither to take from the Stock without the others consent proceeding in the said affairs and businesses before specified to the mutual benefit and advantage of the said Parties to these presents their several Executors Administrators and Assigns either of the said Parties for himself and for his several Executors and Administrators respectively doth Covenant promise and grant to and with the other of them his Executors and Administrators by these presents in manner and form following that is to say That they nor either of them shall not at any time or times dating the term of years before specified withdraw or take any sum or sums of Mony or any Goods or Merchandizes whatsoever out of or from the said Stock of c. above-mentioned or out of or from any sum or sums