pasture and wood whether more or lesse situate lying and being in B. in the said parish of B. in the County of K. aforesaid and now in the several tenures occupations of I. H. M. G. or one of them their Assignee or Assignees and the reversion or reversions remainder and remainders of the same and of every part and parcel thereof together with all tenements rents commodities and other hereditaments whatsoever with their appurtenances and also all wayes easements and all and every other profits or commodities with their appurtenances to the said Mansion-house or Messuage or other the said premises and every or unto any part or parcel thereof belonging or together with the same at any time heretofore or at this present had occupied or enjoyed or reputed accepted or taken as part parcel or member of the same or any part thereof And furthermore for and in and upon the consideration aforesaid he the said I. H. hath given granted bargained and sold and doth by these presents give grant bargain and sell unto the said I. H. his Heirs and Assigns all those his several Mansions Messuages or lands with their appurtenances and all and singular edifices and buildings to them or either of them belonging or in any wise appertaining in the several tenures and occupations of O. N. P. R. S. F. or of their Assignee or Assignees together with all and sigular the lands tenements rents commodities and other hereditaments to them every of them or any of them belonging appertaining or had used occupied or enjoyed with them or in them situate lying and being in B. in the said parish of B. in the said County of Kent and containing in the whole by estimation 30 acres of land meadow and pasture And the reversion or reversions of the said three several Messuages or Tenements and of all and singular other the premises and every of them together with all and singular wayes easements and all other profits or commodities whatsoever to them or any of theÌ„ belonging or in any wise appertaining or being or reputed or at any time heretofore accepted or taken to be part parcel or member of them or any of them And also all that the Close of him the said I. H. commonly call'd and known by the name of Hedgsus Ham with the appurtenences situate lying and being in the said County of Kent And the reversion and reversions remainder or remainders thereof and of every part and parcel thereof And also all and singular his lands tenements rents services commodities and all other his hereditaments whatsoever with all and singular the appurtenances And the reversion or reversions remainder or remainders of them and every of them together with all buildings easements profits commodities whatsoever to them or any of them belonging or in any wise appertaining situat lying and being in the Town or Hamlet of B. H. B. or else wheresoever in the said County of K. And furthermore the said I. H. for and upon consideration aforesaid hath given granted bargained and fold and doth by these presents for him his Heirs and Assigns give grant bargain and sell unto the said E. H. his Heirs and Assigns Bargain and sale of the Deeds Cóveyancâ—s concerning the premises all and singular Deeds Charters Escripts Fines Exemplifications of Fine or Fines Exemplifications of Recovery or Recoveries and all other writings whatsoever being or in any sort concerning the said premises above specified by these presents given granted bargained and sold or meant or intended to be by the same given granted bargained and sold or any part or parcel thereof the which I the said I. H. or any other party by his consent or appointment hath in his or their hands custody and possession To have and to hold the said Messuage or Tenement the said 20 acres of Land 50 acres of Meadow 50 acres of Pasture 4 acres or Wood-ground and also the 30 acres of Land Meadow and Pasture to three of the Messuages or Lands belonging and also one close called H. and all and singular other the premises whatsoever with all and every their appurtenances unto the said E. H. his Heirs and Assigns for ever Proviso that if the Bargainer c. pay such a sum at such a day that then the bargain and sale shall be void Provided alwaies and upon condition thát if the above-named I. H. his Heirs Executors Administrators and Assigns do content satisfie and pay or cause to be well and truly satisfied contented and paid unto the said E. H. his Heirs and Assigns at or upon the 20 day of Octob which shal be next and immediatly ensuing the date hereof at or in the South porch of the Parish Church of Rolveâ—den in the said County of Kent the just and intire summe of 300 and 50l of current English mony that then and from thenceforth this present gift grant bargain and sale and every clause article and agreement therein specified shall be utterly void frustrate and of none effect any thing before specified unto the contrary in any wise notwithstanding And it is further covenanced granted conditioned Covenants that all conveyances made or to be made shall be to the uses under the códition in this Indenture specified and to no other use or purpose whatsoeever concluded and agreed upon between the said parties That all and singular Fine and Fines levied or to be levied Feoffment or Feoffments and all and every other covenants conveyances or assurances whatsoever by the said I. H. his Heirs and Assigns made or to be made shall be to the only uses intents and purposes and under the condition in this present Indenture specified and contained and to no other use intent or purpose whatsoever In Witness whereof the parties above-named to these present Indentures their hands and Seals interchangeably have put the day and year first above-written ¶ An Indenture of Covenants upon the above-written Indenture of Bargain and Sale the which is drawn and made by it self for the avoiding of the charges of Inrollment THis INDENTURE made c. Between I. H. of B. in the Parish of B. in the County of Y. Yeoman on the one part and E. H. of R. in the County of K. Gentleman on the other part Witnesseth that whereas the said I. H. by his Indenture of gift grant bargain and sale being of the date with these presents and for and in consideration of the summe of 30â— l. of current English mony unto the said I. H. by the abovenamed E. H. before the ensealing of the said Indenture well and truly contented satisfied and paid did give grant bargain and sell unto the said E. H. his Heirs and Assigns all that his principal Mansion or Messuage together with all barns stables and all other edifices and buildings whatsover to the same belonging or in any wise appertaining And two gardens 20 acres of Land 50 acres of Meadow 50 acres of pasture 8 acres of Wood-land containing in the
Witnesseth that the said I.W. hath granted bargained and sold and doth by these presents for him his Heirs and Assigns grant bargain and sell unto the said P. F. his Executors and Assigns all and singular Woods Vnderwoods Timber and Timber-Trees standing and growing in and upon two pieces oâ— parcels of Wood-grounds situate lying and being in the parish oâ— B in the said County of K. and belonging and apertaining unto one Mâ—ssuage Farm or Tenement now in the occupation of the said P.F. or together with the said Mâ—ssuage Farm or Tenement now occupied and enjoyed and one piece or parcel of the said Wood-ground whereupon the said Woods Vnderwoods and Timber do stand and grow containing by estimation 16 acres and abutteth boundeth unto certain Wood-grounds of R.S. and to the Lands of I.C. towards the East to the lands of I.S. towards the West to the Queens high-street there towards the North and unto the lands of the said I.W. in the South and the other piece or parcels of Wood-ground whereupon the said Woods Vnderwoods and Timber trees do stand and grow containing by estimation 8 acres and abutteth â—nd boundeth unto the lands of I.C. towards the South and West and unto the lands of I. W. and I. S. towards the East and unto the lands of I. C. towards the North To have and to hold the said Woods Vnderwoods Timber and Timber Trees now standing and growing in and upon the said two pieces or parcels of Wood-ground unto the said P.F. his Executors Administrators Assigns unto the proper use of the said P.F. his Executors Administrators and Assigns The said woods under-woods timber to be cut and carried away within the space of 4 years next after the date of these presents not after the said space Proviso that the bargainee c. shall not cut down or appoint to be cut down the said woods c without licence of the bargainer first had until after such a time Proviso that if the bargainer c. pay such a sum or if he fail of payment of that if he shall pay such a sum that then this bargain and sale shall be void The said Woods Vnderwoods Timber and Timber-Trees to be sold cut down and carried away off and from the said Wood-ground within the space of 4 years next ensuing the date of these presents and not after the sad space and time Provided alwaies and upon condition that the said P. F. his Executors Administrators Assigns shall not fell nor cut down or cause or appoint to be felled or cut down in the said Woods Vnderwoods Timber and Timber trees nor any part or parcel thereof without the assent consent or licence of the said I.W. in writing first had obtained until after the first day of January which shall be in the year of our Lord God according to the Church of England c. Provided alwayes and it is conditioned That if he the said I. W. his Heirs Executors Administrators and Assigns or any of them shall well and truly pay or cause to be paid unto the said P. F. his Executors Administrators or Assigns at or in the porch of the Parish Church of B. above-named the sum of c. of c. at or upon the c. which shall be next and ensuing the date hereof or if he the said I. W. his Heirs Executors Administrators or Assigns shall fail to make payment of the said c. at or upon the c. Then if he the said I.W. his Executors Administrators Assigns or any of them in or at the place aforesaid shall pay or cause to be said unto the said P. F. his Executors Administrators or Assigns the sum of c. of c. That as well this present grant bargain and sale of all and singular the said Woods Under-woods Timber and Timber-Trees above specified and every part and parcel thereof as also this present Indenture and every covenant clause article and agreement in the same specified and conteined shall be utterly void frustrate Covenant that the bargainâ—e under the conditions before expressed shall during the time limited enjoy the woods c. without interruptioÌ„ of him or any person claiming under him and that he shall have free ingress egress regress for Horse Cart c. to cut carry away the same and determined to all intents and purposes whatsoever And the said W doth for himself his Heirs Executors Administrators and Assigns covenant and grant to and with the said P. F. his Executors Administrators and Assign that he the said P. F. his Executors and Assigns shall and may under the condition and conditions proviso and provisoes before specified during the time and term above by these presents limited have and enjoy the said Woods Underwoods Timber and Timber-trees now growing and standing upon the premises and the fall shore of them without any let or interruption of the said I. W. his Heirs Executors Administrators or Assigns or of any other person or persons clayming or pretending to have any right title or interest by from or under him And also that he the said P. F. his Executors and Assigns and his and their servants and workmen under the condition and conditions proviso and provisoes before in these presents specified shall and may have free ingress egress and regress into and from the said two pieces and parcels of Wood-ground upon which the said Woods Underwoods Timber and Timber Trees doe stand and grow and every of them with Horse Cart and Carriage Covenant that the bargainee will â—ot fell or â—â—â—se to be felled the said wood c. but 〈◊〉 seasonable times according to the custom of the country where they grow at all times during the time aforesaid for the selling cutting down hewing and carrying away the aforesaid Woods Underwoods and Timber at his and their will and pleasure And he the said P. F. doth for him his Heirs Executors Administrators and Assigns covenant and grant to and with the said I. W. his Heirs Executors Administrators and â—ssigns that he the said â— F. his Executors and Assigns shall not fell nor cause to be felled any of the said Woods Underwoods Timber Timber trees but in due and seasonable time of felling according to the custom of the Country used in those parts where the said premises grow And that the bargainee c. will not destroy the springs after the fall of the woods but wil preserve theÌ„ and continue And also that he the said P.E. his Executors and Assigns shall and will not hurt or destroy the sheats and springs which shall grow in and upon the said premises after the fall of the said Woods as aforesaid but shall and will to his and their uttermost power keep save and preserve the same In witnesse whereof c. ¶ An Indenture of the sale of Woods with Covenants to cole the said Wood upon the Ground c. THis INDENTVRE made c.
Between T.P. of W. in the County of S. Gent. of th' one part and T. G. of E. in the said County Yeoman of the other Party Witnesseth that the said T. P. for and in consideration of the sum of c. of c. to him the said T. P. by the said T. G. well and truly in hand payed whereof and wherewith the said T.P. acknowledgeth himself to be fully satisfied contented paid and thereof and of every part thereof doth by these presents clearly acquit discharge the said T. G. his Heirs Executors and Administrator hath granted bargained and sold and by these presents doth grant bargain and sell unto the said â— G. his Executors Administrators and Assigns all and singular the Woods Underwoods and Trees Grant of full power and license to fell cut down cleave out hew saw cord cole the said wood c. at seasonable times until the feast of c. to carry away the same c. now standing growing or being in or upon the Lands Tenements or Hereditament of the said T. P. hereafter mentioned that is to say in or upon certain Lands called the F. lying together and bounding to the Lands c. And further the said T. P. doth by these presents for him his Heirs Executors Administrators and Assigns and unto him the said T. G. his Executors Administrators and Assigns granteth that it shall and may be lawfull to and for the said T. G. his Executors Administrators and Assigns to have full power free liberty license and authority for him his heirs c. to fell cut down cleave out hew saw cord and cole the said Wood Underwoods and Trees or any part thereof before by these presents meant and intended to be bargained and sold from time to time and at all covenient and seasonable times until the Feast of c. which shall be in the year of our Lord c. And further to have and enjoy free liberty full power licence and authority from him the said T. P. his Executors to carry away all or any part of the said Woods Vnderwoods or Trees before mentioned to be bargained and sold from time to time and at all times conventent and by convenient ways And that it shall be lawful for him to dig pits for sawing the timber colepits c. to take earth dust for the making of the said coles in places most convenient least hurtfull untill the Feast of c which shall be in the year of our Lord God c. And that it shall and may be lawfull to and for the said T. G. his Executors c. from time to time and at all times until the Feast of c. which shall be in the year of c to dig and make pits for the sawing of the said Timber and Cole-pits and Cole-places for making of the said Coals and Colliers Lodges for the workmen and to take earth and dust room other things necessary for the making and converting of the said Woods or any part thereof into coals upon the said premises in such place and places as shall be most meet and convenient therefore and least hurtfull unto the said T. P. his Heirs and Assigns Covenant that the grantee will not cut down or cause to be cut down the Coppised woods in unseasonable times but at such time only And the said T. G. doth by these presents for him his Heirs c. covenant and grant to and with the said T. P. his Heirs and Assigns That neither he the said T.G. his Executors Administrators nor Assigns nor any of them shall not fell nor cut down or cause to be felled or cut down any of the Coppised woods in unseasonable time or times in the year but only between the Feast of Saint Michael th'Archangel and the first day of May in any of the said years And the said T. P. for him his Heirs c. doth by these presents covenant and grant to and with the said T. G. his Executors Covenant that the Grantee may lawfully take enjoy the said woods c. without intertuptioÌ„ of any person other than such part as ought to be paid for Tithes c. that he the said T. G. his Executors Administrators or Assigns or any of them shall or lawfully may have take and enjoy all and singular the said Woods Vnderwoods and Trees before mentioned to be bargained and sold and every part and parcell thereof with all such liberty license and authority as are before by these presents granted according to the purport and true meaning of these presents without any lawfull let or interruption of any person or persons other than such part thereof as shall â—or ought to be payed for Tithes if any such there shall be due Proviso that if any part of the wood shall be upon the premises after the Feast of c. that then as to so much the bargain sale to be void the bargainee to have the same to his own use Provided always that if any part of the said Woods or Trees before-mentioned to be bargained and sold shall be remaining or lying upon any part of the said premises after the Feast of c. which shall be in the year of our Lord God c. then for such and so much thereof this present bargain and sale to be void and it shall from thenceforth be lawfull to and for the said T. P. his Executors c. to take or have the same to his or their own use or uses In witnesse whereof c. ¶ Obligation Conditioned for the payment of Money Neverint Universi per Praesentes nor c. THe Condition c. That if they th'above bounden L. T. and I. T. or either of them their or either of their Heirs Executors Administrators or Assigns or the Heirs c. of them or either of them do well and truly content satisfie and pay or cause to be well and truly contented satisfied and paid unto the above-named T. C. his Executors Administrators or Assigns the sum of c. of c. at or upon the c. which shall be in the year of our Lord God c. at or in the South porch of c. That then c. ⧠A Deed of Feoffment of a Messuage Lodge Garden Orchard c. With general Warranty TO all Christian People c. Greeting in our Lord God everlasting Know ye that I the aforesaid T. H. for and in consideration c. to me the said T.H. by L. T. of the aforesaid Parish of R. in the aforesaid County of K. Yeoman in hand well and truly paid whereof I do acknowledge my self to be fully satisfied and contented and the said L.T. his Heirs Executors and Administrators thereof fully to be acquitted and exonerated by these presents have given granted delivered infeoffed and by this my present Writing confirmed unto the aforesaid L. T. his Heirs and Assigns one Messuage or Tenement
the time of the making executing or conveying of the first estate of the said premises unto the said T. S. to be had done made committed or executed by the said W. L. his Heirs or Assigns or by any other person or persons whatsoever The rents and services from henceforth to grow due or payable for the said premises or any part therof And that the bargainer shal peaceably hold enjoy the premises without any lawful evictiō or disturbance of any person except the Lord of the Fee touching his Survey and the Mother touching her Dower to the Lord or Lords of the Fee or Fees therof and the Dower or title of Dower according to the course of the Common Law of Eliz. Mother of the said W. L. now Wife of M. F. only excepted And further that the said T. S. his Heirs and Assigns shall or may from time to time and at all times hereafter lawfully and quietly have hold and enjoy the said Site and Manor and all other the premises before-mentioned to be bargained and sold according to the purport and true meaning of these presents without any lawfull eviction or expulsion let or disturbance of the said W. L. his Heirs or Assigns or any other person or persons The Lord or Lords of the Fee or Fees of the said premises touching only their Seigniory of and in the same and not otherwise And the said Elizabeth touching only her Dower or title of Dower according to the course of the Common Laws Proviso that upon paiment of such a sum at such a day that the bargain and sale shall be void that it shall be lawfull for the bargainer to re-enter c. of the endowment of W. A. deceased and not otherwise only excepted Provided alwayes that if the said W. L. his Heirs c. or any of them shall or lawfully will well and truly pay or cause to be payed unto the said T.S. his Executors Administrators and Assigns in or upon c. next insuing the date of these presents at or in c. the sum of c. without fraud or further delay that then and from thenceforth this present gift grant bargain and sale shall cease be void and of none effect and that then and from thenceforth it shall and may be lawfull to for the said W. L. his Heirs and Assigns into the said Site and Manor of L. and into all other Lands Tenements and Hereditaments and other the premises before by these presents mentioned to be bargained and sold to re-enter and the same to have again repossess and enjoy as in his and their former estate any thing before in these presents contained to the contrary notwithstanding And further the said W. L. doth by these presents for him his Heirs And that if the bargainer fail in payment of the said sum c. that he and all other persons claiming any interest under him shall upon request and at the cost and charges in the Law of the bargainee make further assurance be it by Fine Feoffment c. c. Covenant and grant to and with the said T. S. his Heirs Executors and Assigns that if default in payment of the said sum of c. or any part thereof shall happen to be made by the said W. L. his heirs c. at the time and place before limited for the payment thereof contrary to the limitation aforesaid that then the said W. L. his Heirs and Assigns and every other person and persons whatsoever any interest or thing having or lawfully claiming to have of in or to the said Site or Manor of L. and other the Lands Tenements Hereditaments and premises before mentioned to be bargained or sold or of or into any part thereof by from or under the said W. L. shall and will from time to time and at all times during the space of c. next ensuing such default in payment upon reasonable request and at the costs and charges in the Law of the said T. S. his Heirs or Assigns knowledge make do execute and suffer or cause to be made done knowledged and executed all and every such act and acts thing and things devise and devises in the Law whatsoever for the further assurance better surety sure making or conveying to the said Site and Manor and other the premises and of the absolute inheritance thereof unto the said T. S. his Heirs and Assigns be it by Fine Feoffment Recovery with Voucher or Vouchers Deed or Deeds inrolled or not inrolled or by the inrollment of these presents Release Confirmation or otherwise with Warranty against all men or without Warranty or by all any or as many of the said assurances and conveyances with Warranty against all persons or without Warranty as by the said T. S. his Heirs or Assigns or by his or their learned Counsel in the Law shall be reasonably devised or advised and required * And further that he within such a time after default in payment will deliver all the evidences cōcerning the premises And moreover that the said W. his Heirs Executors or Assigns shall and will within the half year next ensuing such default in payment of the sum of c. if default in payment thereof shall be made well and truly deliver or cause to be delivered unto the said T. S. his Heirs or Assigns to the proper use and behoof of him the said T. S. his Heirs and Assigns all and singular the Deeds Evidences Charters Court-Rolls Rentals Terrors and Writing touching or concerning only the premises before-mentioned to be bargained and sold or touching any part thereof or of any of them as he the said W. L. or any other person or persons to his or by his delivery now hath or have or may lawfully come by without Sute in the Law or then shall have or may lawfully come by without Sute in the Law whole safe uncancelled and undefaced In Witnesse whereof c. The Bargainer doth Covenant with the Bargainee that he is seised of an Estate in Fee in his own Right that he will free him from all Evictions c. except from R. c. and that he will make him further assurance c. ANd the said W. B doth by these presents for him his Heirs c. Covenant and grant to and with the said I. L. his Heirs c. in manner and form following that is to say That he the said W. B. is at the time of the ensealing and delivery of these presents lawfully seized in his own right in his Demean as of Fee-simple of and in the said Messuage c and other the premises before by these presents mentioned to be bargained and sold with th' appurtenances of a good sure lawfull and rightfull estate in Fee-simple And then had good rightfull power and lawfull authority to bargain sell and alien the said Messuage and other the premises with th' appurtenances and every part and parcel thereof unto the said I. L. his
times hereafter before the full and perfect execution of such good and perfect estate of the said premises as by these presents are meant to be had made done executed and conveyed unto the said A. L. his Heirs and Assigns shall be had made done committed or executed by the said I. T. I. S. the Father c. or by either or any of them or by the right estate consent means or procurement of them or either or any of them The said old and accustomed rents customs and services before excepted and the said Lease for term of years made unto the said I. L. always excepted Or else if the said I. L. his Heirs or Assigns shall at any time or times hereafter happen to be damnified by reason of the act or acts person or persons aforesaid or every or any of them then the Vendor to make satisfaction as followeth of any the Rents Arrerages Statutes Recog Iudgements Executions Fines Issues Americiaments Intrusions Interests Titles charges or incumbrances last before recited except before excepted That then and so often he the said I. T. his Heirs Executors Administrators Assigns or some of them shall will after such damnification had and sustained within the space of c. next after notice thereof and request therefore to be made to the person of the said I. or of his Heirs Executors or Administrators or else by open publication in the Parish Church of W. in the said County upon some Sunday in the forenoon in the presence of 10 of the Parishioners of W. aforesaid at the least by the said A. L. his Heirs c. or any of them well and truly content satisfie and recompence or pay unto the said A. L. his Heirs and Assigns and his and their or one of their Executors and Administrators or some or any of them at one whole payment at or in the Church Porch of R. aforesaid all such damages as the said A. his Heirs or Assigns thereby or by reason of the same then or before that time shall have sustained or then shall or may thereby sustain And moreover the said I. T. for him his Heirs Executors Administrators and Assigns covenanteth and granteth to and with the said A. L. his Heirs and Assigns by these presents that if the said Freehold and Inheritaace of the said capital House or Tenement and other the premises before by these presents mentioned to be bargained and sold or any part thereof shall at any time or times hereafter happen to be by any former title grown or accrued before the delivery of these presents or by reason of any act or thing had made or done or suffered before the delivery of these presents without fraud or covin on the part and behalf of the said A. L. his Heirs or Assigns or any of them by any lawfull Action Sute Iudgment Execution or Entry lawfully recovered or evicted from the said A. L. his Heirs or Assigns or by any person or persons other then by the said I. T. and I. S. the Father or either of them and other then by the Heirs and Assigns of them or any of them or claiming in by from or under them either or any of them and other then by the Ancestor or Ancestors of the said I. T. his Heirs or Assigns or any of them That then the said I. T. his Heirs Executors Administrators or Assigns shall and will after such recovery eviction or expulsioÌ„ within the space of c. next ensuing such notice thereof as aforesaid given well and truly pay or cause to be payed unto the said A. his Heirs or Assigns or his or their or one of their Executors Administrators or Assigns at or in the Porch of the Parish Church of R. aforesaid in manner and form following that is to say so many sums of c. of c. as there shall be acres of the premises before mentioned to be bargained and sold so recovered or evicted as aforesaid except the capital messuage or tenement if the same or any part thereof shall happen to be as aforesaid recovered or evicted or the said A. his Heirs or Assigns to be of the freehold or inheritance thereof as aforesaid lawfully expulsed or evicted the sum of c. of lawfull c. An Indenture to lead the use of a Fine of some part of the premises and to lead the use of a Recovery of the residue the use of some part of the premises to be to the Vendee absolutely and of the residue but upon Condition for the assurance of certain money hereafter to be payed by the Vendee unto the Vendor THis INDENTURE made c. Between H. P. of c. of th' one part and I. F. of th' other parâ— Witnesseth That for and in consideration of c. And also for divers good causes and considerations hereafter mentioned it is convenanted granted concluded condiscended and fully agreed by and between the parties to these presents and either of the said parties do by these presents for them their Heirs Executors Administrators and Assigns covenant grant conclude and condiscend in manner and form following that is to say That the said H. P. shall before the first day of c. next ensuing these presents at the costs and charges in the law of the said I. F. his Heirs and Assigns before the Justices of Common-pleas at West acknowledge and levy one Fine sur cogniz d. droit com ceo que il ad deson don with proclamations according to the form of the Statute in that case provided That part of the Indenture which is to lead the use of the Fine in due form of Law to be levied unto the said I. F. of all that his house water-mill and parcel of ground containing by estimation one acre situat and being in B. in the said County of S. aforesaid by such number names of acres quantity of land as in the said Fine so to be levied shall be conteined which said Fine so to be levied and the execution thereupon to be had shall be to the only use and behoof of the said I. F. his Heirs and Assigns for ever and not to any other use or uses And further that he said I. F. shall before the first day of c. next ensuing the date of these presents at the costs and charges in the Law of the said I. F. purchase and sue forth against him the said H. P. one original writ of Eâ—tre sur disseisin in l' post retornable before the said Justices of the said Court of Common-pleas That part which is to lead the use of the Recovery to demand against him the said H. all those the Manors Messuages Lands Tenements Meadows Pastures Woods Underwoods Rents Services Hereditaments called or known by the name of B. with the appurtenances situat and being in S. aforesaid and all other the messuages lands tenements meadows pastures feedings woods commons wayes waters rents reversions services Court leets liberties and
all other hereditaments whatsoever they be lying and being in S. aforesaid which A. P. Father of the said H. sometimes purchased had of I. F. Esq by certain names number of acres and quantity of land to be in the said writ contained unto which said wri◠so to be purchased the said H. P. shall appear gratis vouch to warranty the common Vouchee who shall likewise appear gratis enter into the warranty and plead and after make default and that there upon judgment to be given that the said I. F. shall recover the said Manor messuages lands tenements hereditaments all other the premises with the appurtenances against the said H. P. and the said H. P. shall recover in value against the common Vouchee so that a perfect recovery may be thereupon had and that both the said parties to these presents and the said common Vouchee shall at the costs and charges in the Law of the said I. F. make do and execute all and every matter and thing whatsoever meet necessary or expedient for the prosecution of the said recovery according unto the course of common Recoveries with single Voucher in such cases which said recovery so to be had and executed and the execution thereof and the said Manor messuages lands tenements hereditaments all other the premises shall be to the only use behoof of the said I. F. his Heirs and Assigns for ever Provided that if the said I. F. his Heirs Executors Administrators or Assigns Proviso that if the recoverer fail in payment of such a sum that then the use limited to him to be void shall not well and truly content and pay or cause to be well and truly contented satisfied and paid unto the said H. P. his Heirs Executors Administrators or Assigns in or upon the c. which shall be c. the sum of c. at or in the now dwelling house of the said H. P. situate in H. aforesaid but in payment thereof or of some part thereof shall make default contrary to the effect intent true meaning of these presents that then and from thenceforth the uses before limited of or concerning the said Manor-house or principal messuages or tenements also of or concerning all those lands c. shall cease and determine and the then and from thenceforth the said Manor-house c and the said Recovery thereof as aforesaid to be had and executed and the execution thereof to be taken for and concerning only so much of the said premises as are before mentioned to be bounden out and the use thereof and all and every other person and persons that shall stand or be seized thereof or of any part thereof shall from and after such default in payment to be as aforesaid made by the said I. F. his Heirs Executors Administrators Assigns or any of them of all or any part of the said sum of c. stand and be thereof seized to the only use and behoof of the said H. P. his Heirs Assigns for ever and not to any other use or uses and the said H. P. for him Covenant that the land under the condition aforesaid is shall continue either acquitted or sav'd harmlesse from all former bargains c. except the condition aforesaid and the rents due to the Lord of the Fee his Heirs Executors Administrators and Assigns doth by these presents covenant and grant to and with c. in manner and for following that is to say that the said Manor Messuage c. at the time of the ensealing delivery of these presents be and so from time to time at all times hereafter under the said proviso and condition before mentioned shall remain continue and be unto the said I. F. his Heirs and Assigns according to the limitation and use aforesaid either clearly acquitted and discharge and sufficiently saved harmlesse of and from all and all and all manner of former bargains sales gifts alienations Leases Conditions c. whatsoever before had made done executed or committed by the said H. P. his Heirs or Assigns or by H. P. Esq deceased Father c. his Heirs or Assigns or by any other persons or persons by their consent means or procurement or either of them or by reason or means of any other act or thing whatsoever Or else that the recoveree will if the recoverer shall be lawfully expulsed except by such incumbrances before excepted within c after notice of such expulsiō pay so much as the recoverer shall be damnified thereby heretofore or before the making or conveying of the first estate or assurance of the said premises to the said I. F. to be had made done executed or committed by the said H. F. his Heirs or Assigns or by any other person or persons whatsoever by his or their consent means or procurement All such incumbrances which are or shall be or happen by reason or means of the said proviso And the rents payments and services from henceforth to grow due or payable for or by reason of the premises or any part thereof to the Lord or Lords of the Fee or Fees thereof and one Lease heretofore made by the said H. of a Tenement c. which upon the yearly rent of c. is reserved shall or ought to be payable during the term yet to come unto the said I. F. his Heirs and Assigns only excepted or else that if and as often as the said I. F. his Heirs and Assigns shall at any time or times hereafter happen to be without fraud or covin lawfully expulsed or evicted of all or any part of the said Manor Messuages c. except by reason of such incumbrances as be before excepted That then and so often the said H. P. his Heirs Executors of Assigns shall and will within c. next after notice to him or any of them given by the said I. F. his Heirs or Assigns of any such eviction expulsion or damnification except before excepted well and truly pay and satisfie unto the said I. F. his Heirs Executors Administrators or Assigns so much as the said I. F. his Heirs or Assigns shall sustain or be damnified by means of any eviction expulsion or damnification upon or by reason of any the incumbrances aforesaid except before excepted And further the said H. P. doth by these presents for him his Heirs Executors Administrators and Assigns and every of them Covenant to make further assurance of the premises other than of the Lands contained under the proviso Covenant and grant to and with the said I. F. c. that he the said H. P. his Heirs and Assigns and all and every other person or persons whatsover any estate interest or thing having or lawfully claiming in all or any of the said Manor Messuages c. or any part thereof by from or under him the said H. P. his Heirs or Assigns other than the said I. R. concerning the said interest or lease before
excepted shall and will from time to time and all times hereafter during the space of c next ensuing the date of these presents upon reasonable request and at the costs and charges in the Law of the said I. F. his Heirs or Assigns knowledge make do execute and suffer or cause to be made done knowledged and suffered all any very such further and reasonable act and acts thing and things devise and devises in the Law whatsoever for the further assurance of the said premises And that if the Recoverer do pay the money according unto the proviso that then the Recoveree will make further assâ—rance likewise of these lands or any part thereof according to the purport true meaning of these presents other than the said Manor-house c. And such part and parcel of the said premises as is before bounden and limited out be it by Fine Feoffment c. And further if the said I. F. his c. or any of them shall well and truly content and pay or cause to be well and truly contented and paid unto the said H. P. his Executors c. the said sum of c. according unto the purport and true meaning of the said proviso at the time and place limited for the payment thereof that then the said H. P. his Heirs and Assigns and all and every other person and persons whatsoever any estate interest or thing having or lawfully claiming to have of and in all or to any part of the said Manor Messuages c. before by these presents mentioned to be bounded out shall and will from time to time and at all times after the payment of the said sum of c. according to the said proviso during the space of c. next ensuing such payment at the costs charges in the Law of the said I. F. c. knowledge do make execute c. for the further absolute assurance better surety and surer making and conveying of the said Manor-house Messuages c. before mentioned to be boundent out be it by Fine Foeffment c. ¶ An Indenture to lead the use of a Fine and Recovery THis INDENTVRE Tripartit made c. Between I. G. of c. of the first party R. R. of c. of the second party and T. A. of c. of the third party Witnesseth that for divers good causes and considerations it is covenanted granted concluded condiscended fully agreed upon by and between all the said parties to these presents either of the said parties do by these presents for theÌ„ their heirs c. covenant grant conclude condiscend and fully agree to and with th' other their Heirs Executors Administrators and Assigns in manner and form following that is to say that the said I. G. shall and will before the c. next c. at his own proper cost charges in the Law before the Iustices of the Court of Common-pleas at Westminster knowledge one Fine sur cognizance d. drâ—it come ceo que il ad d. son done unto the said R. R. and T. B. with Proclamations according to the form of the Statute in such case made and provided in due form of Law to be levied of all that the Messuages c. situat lying and being in the Parish of H. in the said County of K. now in the tenure or occupation of A. T. the younger and sometime were the lands tenements and hereditaments of W. H. deceased by certain names number of acres and quantity of land in the said Fine to be contained By which fine the said I. G. shall acknowledge the said Messuages c. and all and singular other the premises with th' appurtenances to be the right of the said R. R. and T. B. as those which the said R. R. and T. B. shall have of the gift of the said I. G. and the same shall remise release and quit claim unto the said R. R. and T. B. and their Heirs forever which said Fine so to be acknowledged and levied and the execution thereupon to be had and taken and the said Messuages c. shall be adjudged deemed and taken to be and every part and parcel thereof to the only use and behoof of the said R. R. and T. B. their Heirs Assigns for ever and not to any other use And further that the said R. R. and T. B. shall after the said Fine so to be acknowledged and levied permit and suffer the said T. A. party to these presents and I. G. to purchase and sue forth against them the said R. R. and T. B. one Writ of Entry sur disseisin en l' post c. and therby to demand against them the said R. R. and T. B. the said Messuages and all other the premises with the appurtenances by certain names in the said Writ to be contained unto which said Writ so to be purchased the said R. R. and T. B. shall appear gratis and Vouch to warrant the said I. G. which said I. G. shall likewise appear gratis and enter into Warranty plead and after make default and that thereupon judgement shall be given that the said T. A. party to these presents and the said I. G. shall recover the said Messuages and other the premises with the appurtenances against the said R. R and T. B. and that they shall recover over in value against the said I. G. and that he shall recover in value against the Common Vouchee so that a perfect recovery therupon be had And that all the said parties to these presents the said Common Vouchee shall make do and execute all and every matter and thing meer necessary and expedient for the prosecution of the said Recovery according the course of common recoveries with double Voucher in such case used which said Recovery so to be had and executed and the execution thereof shall be and inure to the only use and behoof of the said I. G. his Heirs and Assigns for ever and not to any other use intent or purpose In witnesse c. ¶ An Indenture to lead the use of a Fine only THis INDENTURE made c. Between L. R. of c. of th' one part and W. R. of c. of th' other part Witnesseth that it is covenanted c. by and between the parties to these presents and the said L. R. for her her Heirs Executors Administrators and Assigns doth covenant c. in manner and form following that is to say that she the said L. R. shall and will before the Feast of c. by Fine in due form of Law to be levied in the Court at Westminster before the Justice of the Common Pleas with Proclamations according unto the form of the Statute in that case provided acknowledge all that the Barn c. hereafter mentioned that is to say one Barn c. in W. aforesaid whether more or lesse thereof there be had called and known by the names c. and bounding and abutting in manner
the said M. her Executors and Assigns shall and will from time to time and at all times hereafter justifie and allow confirm avow all and every such action and actions sute and sutes plaint and plaints prosecutions judgments and executions as her said Attorney or Attorneys shall have make commence prosecute sue or levy in her name touching the premises and permit and suffer the Attorney to receive take and have to his her their own use and uses all and every such sum and sums of money goods chattels and other things as She her Executors or Administrators ought to have receive and levy as Executrix of the said Will or otherwise by vertue of the said will And further that she the said M. her Executors Administrators and Assigns And further that he will suffer the grantee c. to have the whole execuon of the Will c. shall and will at all times hereafter permit and suffer the said I. S. his Executors Adminstrators Assigns from time to time and at all times hereafter to have the whole execution of the said last Will and all the doings and dealings touching the same and the administration of all the chattels goods debts evidences and leases which were belonging to the said E. at the time of her decease And the said I. S. for him his Heirs c. covenanteth and granteth to and with the said M. her Executors c. by these presents that he the said I. S. his Executors c. shall and will well and truly pay and satisfie all the debts of the said E. deceased and all the legacies in the said Will contained according to the true meaning of the said Will And therefore shall and will at all times hereafter well and sufficiently save and keep harmlesse the said M. her Executors and Administrators In Witnesse whereof c. ¶ An assignment of a Statute-Staple whereupon execution hath been had and of such lands as are thereby extended with special Covenants THis INDENTURE made c. Between S. F. of c. of th' one part and T. R. of c. of th' other part Witnesseth that whereas one I. W. of c. is and standeth holden and firmly bounden unto the said S. F. by one Recog or Bond obligatory made according unto the form of the Statute lately made and provided for the Recovery of debts bearing date c. knowledged taken and sealed before Sir I. L. Knight Lord chief Justice of England as by the said Recognizance appeareth And whereas the said S. F. hath sithence the acknowledgeing of the said Recognizance sued execution thereof and thereupon hath extended divers and sundry the messuages c lying in the said County of S. which were unto the said I.W. at a certain value and hath had the said Messuages c. lawfully delivered unto him in execution upon the said Recog by vertue whereof he the said S.F. hath been and yet is of the said Messuages c. lawfully possessed Now these presents witnesseth that the said S.F. for and in consideration of the sum of c. to him by the said R.T. before the ensealing and delivery of these presents well and truly in hand paid whereof he acknowledgeth himself by these presents to be fully satisfied and thereof acquitted c. hath granted bargained sold assigned and set over unto the said R.T. all singular the said Messuages c. with th' appurtenances which were as aforesaid executed and delivered unto the said S.F. in execution upon or by vertue of the said Recog and all the estate right title interest possession and term which the said S.F. hath or of right ought to have of in or to all the said Messuages c. Together with the said Recognisance Extent and Execution or either or any of them To have and to hold the said Mâ—ssuages c. and all other the premises before by these presents mentioned to be granted sold assigned and set over unto the said R.T. his Executors and Assigns from the East of c. next c. for and during all such time interest estate and term as the said S. F. hath or holdeth or may should or ought to have hold and enjoy the same to all intents and purposes Covenant that the GraÌ„tor hath not done nor that his Executor shall not doe or cause to be done any act or thing whereby to frustrate or avoid this grant or assignment And that the said S. F. doth by these presents for him c. covenant and grant to and with the said R.T. his Executors c. That he the said S.F. heretofore hath not nor that he his Executors c. nor any by his or their means or procurement shall not nor will noâ— make do commit procure or execute or cause to be made done committed procured or executed any act or acts thing or things whatsoever whereby the said Recog Extent and Execution or either or any of thein is already or hereafter shall be released discharged frustrate adnihilated or avoyded or whereby the said Messuages c. and other the premises or any part thereof shall may or ought to be evicted taken had or recovered from the said R.T. his Executors c. And the said R.T. shall or lawfully may from time to time and all times hereafter have hold and enjoy And that the Grance shall enjoy the premises without eviction or disturbance of the Grantor or any one claiming under him all and singular the said Messuages c. with th' appurtenances as aforesaid executed and delivered in execution during and by all such time as the said S.F. his Executors Administrators or Assigns may can should or ought to have and enjoy the same by vertue of the said Recog Extent and Execution or either of them without any eviction or expulsion let or disturbance of the said S.F. his Executors Administrators or Assigns or of any other person or persons any thing therein or in any part thereof claiming by from or under him the said S.F. his Executors and Administrators or Assigns And that saved harmless from all incumbrances And that saved harmlesse of all grants interests charges and incumbrances had made or committed by the said S.F. his Executors c. or by his or their means assent consent or procurement And if the said I.W. shall at any time hereafter pay And that if the Obliger shall pay any mony or other things unto the Grantor that then he shall within such a time pay it to the Grantee or Assignee or cause to be payed unto the said S.F. his Executors or Assigns any sum or sums of money or other thing whatsoever in part of satisfaction of the said Recog Extent and Execution or either of them or of the sum or sums of money in the said Recog contained That then he the said S.F. his Executors or Assigns shall or will within the space c. next ensuing such payment well and truly pay or cause to be payed
unto the said S.T. his Executors Administrators or Assigns all such sum and sums of money and other things which the said S. his Executors Administrators or Assigns shall so receive take or gain of the said I.W. his Heirs Executors Administrators or Assigns without fraud covin or further delay In Witnesse whereof c. A Deed of Morgage with Warranty against the Morgager and his heirs only TO all c. Know ye me the said T.M. in consideration c. to me by one I.G. of G. in the County of K. well and truly before-hand paid whereof I acknowledge my self to be fully satisfied and paid and the aforesaid I.G. his Executors and Administrators to be â—â—onerated acquitted by these presents have infeoffed delivered by this my present writing indented have confirmed to the aforesaid I.G. all that Messuage c. in B. aforesaid in the County of S. wherin the aforesaid T.M. lately did inhabit and dwell one Barn c. in B. aforesaid containing in the whole by estimation c. be they more or less All and every which aforesaid premises with th' appurtenances somtimes were the lands tenements and hereditaments of one W.A. deceased and the rendition and renditions remainder remainders of all and singular the aforesaid premises with th' appurtenances and of every part and parcel thereof To have and to hold the said Messuage or Tenement c. and all other the premises with all singular the appurtenances before in these presents mentioned to be delivered or confirmed to the aforesaid I.G. his Heirs and Assigns for ever to the only use behoof of the said I.G. his Heirs and Assigns for ever To hold of the chief Lord of the Fee thereof by the services therof due and of right accustomed Proviso that if the Feoffor pay so much money that then this conveyance shall be void and that it shall be lawful for him to â—e-enter Provided alwayes neverthelesse that if I the said T.M. my Heirs Executors Administrators or Assigns do pay or cause to be paid to the aforesaid I.G. his Executors Administrators or Assigns the sum of c. at or in the now Market house of B. situate lying and being in the said County of Sâ— in and upon c. which shall be in the year of our Lord God at an intire payment without any fraud or further delay That then this present writing indented and all and singular things in the same contained together with the seisin upon the delivery thereof shall cease and be frustrate and remain of no force in the Law and that then and from thenceforth it shall and may be lawful to and for me the said T.M. my Heirs and Assigns into all singular the aforesaid lands tenements hereditaments and other the premises with the appurtenances before by these presents mentioned to be delivered and confirmed and every parcel thereof to re-enter and the same to have again repossesse and reinjoy as in my former estate any thing notwithstanding And I the aforesaid T. M. and my Heirs all and singular the aforesaid premises lands c. and other the premises with all singular the appurtenances to the aforesaid I.G. his Heirs and Assigns in manner and form and under the Condition aforesaid against me and my Heirs will Warrant and for ever by these presents defend Warranty In witnesse c. ¶ A Condition of an Obligation for the enjoying the Lands morgaged according to the purport of the Deed containing also the effect of divers necessary Covenants THe Condition c. That whereas the above-bounden T.M. hath by his Deed Indented bearing date c. enfeoffed the above-named I.G. of and in all that Messuage or Tenement with th' appurtenances in B. c. of one Barn c. To be had and holden unto the said I.G. his Heirs and Assigns for ever under a certain proviso or condition in the said Deed Indented contained for the payment of That the Feoffee shall enjoy the lands without any lawfull eviction c. c. unto the said I.G. c. at a certain time and place in the condition of the said Deed indented mentioned as in and by the said recited Indenture more at large it doth and may appear If therefore the said I.G. his Heirs and Assigns and every of them shall and lawfully may from time to time and at all times hereafter peaceably c. have hold c. the said Messuages c. and all and singular other the premises before by the said recited Deed indented mentioned to be aliened granted or confirmed And that the lands are and shall continue discharged or saved harmles from all alienations c. incumbrances other thaÌ„ such incumbrances as are by the said Feoffment the rents due to the Lord of the Fee with all and singular their appurtenances without any lawfull eviction or disturbance of the said T.M. his Heirs or Assigns or of any by his or their assent means c. according unto the true meaning of the said Deed indented And the said Messuage c. and all and singular other the premises at the time of th' ensealing and delivery of the said Deed indented of seison thereupon were and so from time to time and at all times hereafter shall continue and be unto the said I.G. his Heirs and Assigns clearly discharged or by the said T.M. his Heirs and Assigns sufficiently saved harmlesse and indempnified of and from all estates alienations c. and incumbrances whatsoever had made done executed or committed by the said T.M. his Heirs or assigns other then such estates and incumbrances as been made or executed in or by the said recited Deed indented and other than the rents and services from henceforth to accrue due and payable for the premises to the chief Lord or Lords of the Fee or Fees thereof And further if it shall happen at any time or times hereafter that the said I.G. his Heirs Executors Administrators or Assigns or any of them shall be lawfully evicted expulsed or put out of all or any part of the said Messuage c. by any person or persons whatsoever or that the same And that if the Land shall be lawfully evicted that he upon notice given thereof will pay so much for every acre evicted within c. after notice given or any part thereof shall be lawfully recovered from the said I.G. his Heirs or Assigns by any person or persons other than by means or reason of the said Proviso in the said recited Deeâ— indented contained That then if he the said T. M. his Heirs c. or any of them do well and truly content and pay or cause to be well c. unto the said I.G. his Heirs c. the sum of c. and so after the rate for every acre of the said premises so as aforesaid to be evicted or recovered from the said I.G. his Heirs or Assigns within c. next after such notice given of such
aforesaid by payment c. of lawfull c. at the time of sealing of these presents Seisin given of the rent in the name of seisin of the rent aforesaid Provided alwayes neverthelesse that this present Writing indented or any grant or thing in the same contained Proviso not to charge the person of the Grantor shall not extend to charge the person of me the said I.G. or my Heirs but only to charge my lands or tenements c. In witnesse c. A Deed of Morgage with general Warranty TO all c. Know ye me the aforesaid T. for divers c. have given granted c. to G.C. of c. all those pieces or parcels of land called or known by the name of R. alias R. or by what other name or names the same are called or known containing by estimation c be the same more or lesse situate lying and being in the Parish of c. and abutting and hounding in manner and form following that is to say c. all and singular which aforesaid premises I the said T. lately purchased of one E. M. To have and to hold all and singular the said premises with th' appurtenances unto the said G.C. his Heirs and Assigns for ever to the only proper use and behoof of the said G.C. his Heirs and Assigns for ever of the chief Lord of the Fee thereof by the service for the same due and of right accustomed under this Condition following that is to say that if I the aforesaid T.I. my Heirs Executors Administrators or Assigns shall pay or cause to be paid unto the said G.C. his Executors Administrators or Assigns in and upon c. at or in the now dwelling-house wherein the said G. now dwelleth situate in B. aforesaid the sum c. at one intire payment that then and from thenceforth it shall be lawfull for me the said c. my Heirs and Assigns into all the aforesaid premises with th' appurtenances or into any parcel thereof to re-enter and the same to have again repossesse and enjoy as in my former estate And that then and from thenceforth this present Writing indented and all and every thing therein conteined together with the seisin thereupon had and delivered shall cease be frustrate and of no value in the Law any thing before in this present writing indented conteind to the contrary hereof notwithstanding And I the aforesaid T.I. and my heirs all and singular the aforesaid premises with the appurtenances to the aforesaid G.C. and his heirs against all men to the use and intent of these presents will warrant and for ever defend by these presents In Witnesse c. A Letter of Attorney to be conteined in a Deed for the delivery of Seisin ANd moreover Know ye that I the aforsaid A. B. have made or dained constituted in my place put my loving Friend in Christ T. B. and R. L. of c. Gent. my true and lawfull Attornies jointly and severally for me in my stead in my name and to my use to enter into all and singular the aforesaid premises with the appurtenances before by these presents mentioned to be delivered or confirmed or into any parcel thereof in the name of all and singular the aforesaid premises with th' appurtenances and full and peaceable possession and seisin for me in my stead in my name and to my use to take and such possession and seizin thereupon taken and had of all and singular the premises with the appurtenances before by these presents mentioned to be delivered or confirmed for me in my stead and in my name to the aforsaid R. M. or to his Attorny in this behalf to deliver according to the tenor force form and effect of these presents ratifying and by these presents all and whatsoever my said Attorneys joyntly or either of them severally shall do c. in the premises In witnesse c. ¶ A Release of a Right and Title to Land As also of Conditions and Titles of Entries or Re-entries c. TO all c. Know ye that I the said I. for divers causes and consideration c. have remised released and altogether for me and my Heirs have quit claimed unto W. B. of c. in his full and peaceable possession and seisin being and to his Heirs and Assigns all my right estate title claim use interest and demand which I th' aforesaid I. any time had have or in any wise for ever may have or my Heirs at any time hereafter may have of or in one Messuage c. with th' appurtenances situate lying c. and abutting and bounding in manner and form following that is to say c. containing in the whole by estimation c. whether it be more or lesse Know ye moreover that I the said I. S. for the Consideration aforesaid have remised released and always for me and my Heirs have quit claimed to the aforesaid W. B. his Heirs and Assigns all and all manner of Conditions Entries Re-entries Forfeitures and other Demands whatsoever which I the aforesaid I. have or in any manner hereafter may have of to or in the aforesaid Messuage c. with th' appurtenances or out of in or to any parcel thereof by vertue or reason of any thing cause or matter made or accrued whatsoever from the beginning of the world until the day of the date of these presents So c. that neither I the aforesaid I.S. my Heirs nor any other by us for us or in our names any right estate title claim use interest or demand of and in the said Messuage c. and other the premises nor in any parcell thereof may or ought to require claim or challenge but from every action right title claim use interest or demand to the aforesaid premises or to any parcel therof we are altogether excluded by these presents In witnesse c. A Condition for the better enjoying of lands granted by the Deed only conteining the effect of divers usual Covenants THe Condition c. that whereas th'above bounden T. B. did by his Deed bearing date c enfeoff th'above-named H.P. of one principal Messuage and of certain lands in the said Deed mentioned situat in S. abovesaid to be had to the said H. his Heirs and Assigns for ever upon a certain condition in the said Deed expressed That he was seised of a sure rightfull estate in Fee-simple in his own right had full power to make this grant That they are shall be discharged or saved harmless from all former bargains c. and incūbrances the rents to the Lords of the Fee and one Annuity excepted as by the said Deed more at large appeareth If therefore the above bounden T.B. were at the time of the delivery of the said Deed and of seizen and state delivered unto the above-named H.P. of the said Messuage c. and other the premises in the said Deed lawfully and rightfully seized in his own right
in his Demean as of Fee-simple of a good sure c. of and in the said Messuage c. and then had full power and lawfull authority in his own right to alien the same unto the said H.P. his Heirs and Assigns according to the purport of the said Deed And that the said H.P. his Heirs and Assigns shall or may from time to time and at all times hereafer continue and be clearly discharged or by the said T.B. his Heirs or Assigns sufficiently saved harmlesse of and from all manner of former Feoffments c. and incumbrances whatsoever the rents and services from henceforth to be due unto the Lord or Lords of the Fee of Fees thereof and one Annuity or yearly rent of c. only excepted And further if the said T.B. his Heirs and Assigns and all and every other preson or persons any thing in the said Messuage and other the premises or in any part thereof having or lawfully by from or under the said T.B. claiming shall and will from time to time and at all times hereafter And further that he c. will make further assurance during the space of c. make knowledge do and suffer all and every such further act and act c. unto the said H. his Heirs and Assigns according to the purport of the said recited Deed Be it by Fine Feoffment c. at the costs and charges in the Law of the said H. his Heirs or Assigns That then c. ¶ A Feoffment in Consideration of Marriage with general Warranty TO all c. Know ye c. in consideration of a certain Marriage between the aforesaid c. on the one part c. Daughter c. D. Clerk on the other part hereafter agreed unto to be solemnized Have given granted and by this my present Writing indented have confirmed to the aforesaid all my moity of an House Messuage or Tenement called W. and P. situâ—te lying or being in the Parish of S. now or late in the tenute or occupation of one W. L. or his Assigns To have and to hold all and singular the aforesaid premises before in these presents mentioned to be given or confirmed with all and singular their appurtenances to the aforesaid c. his Heirs Assigns to the use behoof and intention hereafter in these presents mentioned and declared and to none other intent c. that is to say to the use and behoof of the aforesaid c. and their Assigns for and during the term of their natural lives and of the longer liver of them without impeachment of any waste in the person aforesaid c. and after the decease or the aforesaid c. then to the use and behoof of the Heirs of the body of the said c. by the aforesaid c. lawfully to be begotten and for default of such issue to the use and behoof of the heirs of the body of the said c. lawfully to be begotten and for default of such issue the remainder thereof to the right heirs of the aforesaid and their Heirs for ever and to none other uses or intents whatsoever To hold of the chief Lord of the Fee thereof by the services due and of right accustomed And I the aforesaid c. and my Heirs all and singular the aforesaid premisses before by these presents mentioned to be given or confirmed with all and singular th' appurtenances to the aforesaid c. their Heirs and Assigns to the use behoof and intentions aforesaid against all men will warrant and fore ever defend by these presents In witnesse c. A Grant of all such goods as belong to one Executor where are two Executors made with special Covenants THis INDENTURE made c. Between A.S. Widow late Wife of R.S. of c. deceased and one of the Executors of the said R.S. of th' one part And T.B. of c. of th' other part Witnesseth that whereas the said R.S. did by his last Will and Testament in writing make I.S. his Son and A. his Wife joynt Executors of his last Will and Testament And whereas the said R.S. did further by his said last Will Testament devise and bequeath certain legacies to divers and sundry persons as by the said will amongst other things therin contained more at large it doth and may appear Now these presents witnesse that the said A.S. for and in consideration of the sum of c. to her the said A. by the said T. B. well and truly in hand paid Covenant by the Grantor to joyn in probat of the Will with the other Executor And that neither the Grantor nor any other by her consent shall without the consent of the Grantee meddle with the administration of any the goods chattels c. except c. And further that the GraÌ„tor will not without the consent of the Grantee release or otherwise acquit any Debtor c. c. hath granted bargained sold assigned and set over and by these presents doth fully c. unto the said T. B. his Execut Administrators Assigns the moyety and one half of all and singular such goods and chattels as well real as personal Debts Duties and other things whatsoever which the Executors of the said R.S. now have or which either of them hath or which they or either of them at any time or times hereafter can or may of right have claim challenge and demand of any person or persons whatsoever or otherwise as Executor or Executors unto the said R. S. except such things as hereafter that is to say c. And the said A.S. for her her Executors c. doth by these presents Covenant grant to and with the said T. B. his Executors Administrators and Assigns in manner and form following that is to say that she the said A. shall will at any time hereafter within the space of c. upon reasonable request and at the costs and charges of the said T. B. his Executors Administrators or Assigns joyn in the probat of the said Will with the said I. S. the other Executor And further that neither she the said A. nor any other person or persons by her assent consent means or procurement shall or will at any time or times hereafter without the consent or agreement of the said T. B. his Executors or Administrators in any sort meddle or deal with the administration of any of the goods chattels or other things of the said R.S. or with any part or parcel thereof except with such things as are before excepted And further that she the said A. at any time or times hereafter shall not nor will not without the consent or agreement of the said T.B. his Executors Administrators or Assigns release discharge or otherwise acquit any Debtor or Debtors Debt or Debts summe or summes of money or other things whatsoever And that the Grantee shall without disturbance of the Grantor or any other claiming under her do or cause
or recover in the name of the said I. M. his Executors c. And the said I. M. doth for him his Executors c. Covenant and grant to and with the said H. his Executors c. that if shall and may be lawfull Covenant that the Assignee or Attorney c. shall retain the sum to his c. own use without accompt rendered to and for the said H. his Executors c. to have take retain keep and enjoy c. to his and their own use without any accompt or other thing therefore to be yeelded rendred or given And the said I. M. ratifieth and alloweth and by these presents confirmeth and avoweth all and every matter and thing Act and Acts whatsoever which the said H. P. his Executors c. or any of them shall at his and their costs and charges doe execute or commit or cause be done executed or committed in the name of the said I. M. his Executors c. in about touching or concerning the premises or any part thereof and the said I. M. doth by these presents for him his Heirs c. and every of them Covenant and grant Covenant that the assignor hath done no Act or thing nor that he his Heirs Executors c. shall do or cause to be done whereby the Assignee c. shall be hindred of the recovery or receipt of the sum or sums due upon the Recogn or judgement thereupon had to and with the said H. P. his Heirs c. in manner and form following that is to say that the said I. M. nor any other person or persons by his or their consent privity or procurement already hath not made done executed or committed nor that he his Heirs c. nor any of them nor any other person or persons by his or their procurement shall or will at any time or times hereafter make do execute or commit or cause to be made done executed or committed any Act or Acts thing or things whatsoever whereby the said Recogn or all or any of the sum or sums of mony therein contained or any action or actions sute or sutes plaint or plaints commenced or to be commenced thereupon or any judgement or judgements thereupon already given or hereafter to be given now be or at any time or times hereafter shall be released discharged discontinued nonsuted disallowed or otherwise hindred or made void or frustrate or whereby the said H. P. his Executors c. in the name of the said I. M. his Executors c. shall not nor may not recover and have the said sum and sums of money in the said Recogn mentioned and execution or executions of the said Judgements Covenant that the Assignor c. upon request at the charges in the law of the Assignee will do any Act thing or devise in the law necessary for the recovery of the sum or sums of mony contained in the Recogn c. And further that he the said I. M. his Executors c. shall and will from time to time and at all times for ever hereafter upon reasonable request and at the costs charges in the law of the said H. P. his Heirs Executors c. make do execute or cause to be made done and executed all and every such Act and Acts thing and things devise and devises in the law whatsoever meet necessary or expedient for the said recovery of all or any of the sum and sums of money before mentioned for the execution of the said judgement already obtained upon the said Recognizance by the said H. P. his Heirs c. or by his or their learned councel in the Law shall be reasonably devised advised and required Covenant that the Assignor will not revoke the Letter of Attorney nor do any thing whereby to frustrate the same But will avow every thing therein contained all acts and things don by the Assignor c. by reason of the Recog or judgement thereupon And finally the said I. M. doth by these presents for him his heirs c. covenant and grant to and with the said H. P. his Executors c. that neither he the said I. M. his Execut. c. nor either or any of them shall or will at any time or times after the date of these presents revoke countermand disanull or avoid or by any other means or way whatsoever make frustrate or adnihilate the said Letter of Attorney or any liberty licence power and authority or any thing in these presents contained But shall and will from time to time and at all times hereafter justifie and allow uphold maintain and avow the same and every matter and thing therein conteined or thereby covenanted or granted and all and every such sute and sutes execution and executions act and acts thing and things as the said H. his Executors c. shall and will at his and their costs and charges take commence prosecute sue or follow in the name of the said I. M. his Executors c. upon or by reason of the said Recognizance and judgement thereupon given or either of them In witnesse whereof c. Letter of Attorney irrevocable for the Assignment of an Obligation to the proper use and behoof of the Assignee KNow all men by these presents That whereas c. Now these presents witnesseth that the said R. W. hath for divers considerations granted assigned and set over and by these presents doth grant assign and set over unto W. E. c. the said Obligation and all sums of money therein contained together with all such benefit and commodity as the said R.W. his executors c. can or may take or recover And further the said R. W. doth by these presents constitute and in his place put the said W. E. to be his lawfull Attorney irrevocable for him and in his name to ask levy recover take and have of the said I. F. and W. F. or either of them the said sum of c. conteined in the said condition at the time and place in the said condition specifyed or at any other time or place and in default of payment thereof or any part thereof to be made unto the said W. E. in my name or in the name of my Executors c. to arrest sue or implead the said I. F. and W. F. their Heirs Executors c. or either of them upon the said Obligation in any sute or plaint in any Court or Courts within the Commonwealth of England and Attorney and Attorneys for me and in my name to make and if need be to revoke and all or any of the said actions sutes or plaints in my name to follow and prosecute against the said I. F. and W. F. or either of them ratifying and allowing all and every the matters and things act and acts whatsoever which my Attorney his Executors Administrators and Assigns or any of them shall lawfully make do execute or commit or cause to be made done executed or
use and behoof of I.W. Son and Heir apparent of I. W. of c. his Heirs and Assigns for ever Provided alwayes A Proviso for the Lesser of the old uses upon tender of money neverthelesse that if the aforesaid I.W. aforesaid or his Assigns do pay or bring to pay or bring to the elder Churchwarden of the Parish Church of c. aforesaid for the time being in the Church Porch of the Parish Church of c. aforesaid Twelve pence of lawfull c. any time or times during the life of the aforesaid I. W. aforesaid at one entire payment that then and from thenceforth the uses aforesaid before by these presents limited to the aforesaid I. W. the Son shall cease be frustrate and have no longer continuance and that then then afterwards and altogether from thenceforth the uses of the Lands and Tenements aforesaid shall be and the aforesaid I. E. and G. A. and their Assigns and all others shall stand and be seized to the only use and behoof of the said I.W. aforesaid his Heirs and Assigns for ever and to none other uses or intents any thing before in this present Writing contained to the contrary hereof notwithstanding To hold of the Chief Lord of the Fee by the service therefore due and of right accustomed And I the aforesaid I. A. and my Heirs all and singular the aforesaid Lands Tenements Hereditaments and other the premises with all and singular their appurtenances to the aforesaid I. E. and G. A. their Heirs and Assigns to the use behoof and intents aforesaid against all men will warrant and for ever defend by these presents In witnesse c. A Deed of Feoffment of a Parsonage and Advowson of the Vicaridge thereto belonging with Warranty against the Feoffor and his Heirs TO all c. Know c. all that my Rectory of V. with the Advowson and Presentation of the Vicaridge of V. aforesaid and all and singular houses barns edifices lands Glebes tenements pensions portions tithes oblations obventions and hereditaments hwatsoever being or reputed to be part parcel or member with the appurtenances of the Rectory aforesaid usually demised used or occupied with the same which the aforesaid I. B. lately purchased of c. To have and to hold the Rectory aforesaid together with the Advowson and Presentation of the Vicaridge aforesaid and all and singular houses edifices lands Glebes tenements pensions portions tithes oblations obventions hereditaments and all and singular other the premises with the appurtenances to the aforesaid c. his Heirs and assigns for ever of the Chief Lord of the Fee by the service therefore due and of right accustomed c. With the usual clause of Warranty An Indenture of bargain and sale made to the Lessee of the same land with Proviso that if the Bargainee do not pay a certain sum of money at a day then the Grant to be void THIS INDENTVRE c. Between the Right Honorable H. Lord Windsor of th' one part And I. H. of c. of th' other part Witnesseth That the said H. Lord Windsor as well for and in consideration of the sum of c. to him the said H. Lord W. by the said I. H. well and truly in hand paid c. As also for and in consideration of c. to him the said H. L. W. by the said I. H. his Executors c. to be paid in manner and form according to a proviso hereafter in these presents contained hath bargained and sold and by these presents doth fully clearly and obsolutely bargain and sell unto the said I. H All and singular the Lands Tenements and Hereditaments hereafter mentioned that is to say the Site or Manor-house of G. c. and other buildings to the said Site or Manor-house belonging or appertaining with the appurtenances one Orchard c. situate lying and being in the Parish of c. and now being in the tenure or occupation of c. or his Assigns by vertue of a demise thereof made to him the said J. H. by the said H. Lord. W. which said Site or Manor-house are together situate lying and being in c. aforesaid and do bound and butt c. And further the said H. Lord W. hath for the consideration aforesaid bargained and sold and by these presents doth fully and clearly bargain and sell unto the said I. H. the reversion and reversions remain and remainder of all and singular the said Site or Manor-house c. and all and singular other the Lands c. of the said H. Lord W. which he the said H. holdeth by reason or virtue of the said two several Leases to him made by the said H. Lord W. and the receipts and other things reserved upon or payable by reason of any demise or demises of the said premises or any part or parcel thereof heretofore made together with all and singular the Deeds c. concerning only the said Site or Manor house Lands Tenements and other the premises before mentioned to be bargained and sold or only any part thereof And the true Copies of all such other Deeds Evidences and writings as concern the said premises or any part thereof joyntly together with other Lands and Tenements the same Copies to be written out at the costs and charges of the said I. H. his Heirs or Assigns To have c. the said Site or Manor-house c. and all and singular other the premises unto the said I. H. his Heirs and Assigns for ever Provided alwayes that if the said I. H. his Heirs c. or any of them shall not well and truly content and pay or cause to be well and truly contented and paid unto the said H. Lord W. his Executors c. the sum of c. before recited in manner and form following that is to say c. at or in c. and c. one other parcel thereof at the place aforesaid in or upon the c. But in payment thereof or of some part thereof shall make default That then and from thenceforth it shall and may be lawfull to and for the said H. Lord W. his Heirs or Assigns into the said Site or Manor-house c. and into every part and parcel thereof with all and singular their appurtenances to reenter and the same to have again repossesse and enjoy as in his or their first and former estate and estates any thing before in these presents contained to the contrary thereof notwithstanding Here followed the usual Covenants as first that the Bargainor is seized of a rightfull absolute indefeasible estate in fee-simple or fee-tayl general c. in his own right and had lawfull power in his own right to convey c. as aforesaid And that upon payment as aforesaid the Bargainee shall peaceably and lawfully enjoy the c. without any eviction or disturbance c. and that the lands are and shall be discharged or saved harmlesse from all former bargains c. and incumbrances
more at large appeareth If therefore the within bounden I. C. and H. P. their Heirs Exec. Administ and Assigns or any of them do well and truly content and pay or cause c. unto the said R. C. his Exec. or Assigns the said sum of c. at the time place limited for the payment according unto the purport of the said condition of the said recited obligation thereof and from all sums of mony in the said recited obligation and condition specified doe from time to time and at all times hereafter well and sufficiently save and keep harmlesse the said E. P. his Heirs Executors Administ and Assigns and his and their lands and tenements goods chattels against the said R.C. his Heirs Execut. Administ and Assigns That then c. Or. else c. A Lease of an Iron Furnace Work Hammer or Iron Mill together also with Woods and Mynes conteining ordinary Covenants for the better enjoying of the same THIS INDENTVRE c. Between F. F. and F. F. Son and Heir apparent of the said F. of th' one part And H. G. c. and M. M. c. of th' other part Witnesseth That the said F. and E. for and in consideration c. have demised granted and to Farm letten and by these presents c. unto the said H. G. and M. M. one Iron Furnace or work Hammer or Iron Mill newly erected situate and being c. and all Bellows Implements Tools and other necessaries thereunto belonging and all Ponds Waters Water-wayes Water-courses Streams Banks Bays Damms Sluces Standgates to the said Iron Furnace and Iron Forge or to either or any of them belonging or appertaining or therewith heretofore letten occupied or enjoyed and also the edifices houses and buildings lately erected near about the said from Furnace and Forge or either of them for the dwelling of workmen or for laying of Cole Iron or other things And also such so much and so many parcels pieces and plots of ground of the land or soyl of the said F. or E. or either of them next adjoyning unto the said Iron Furnance or Forge Hammer or Iron mill as shall be meet and convenient for the said H. G. and M. M. their Executors Administrators and Assigns or any of them not only to build and erect necessary houses upon for the better keeping harbouring or lodging of such their Servants or Workmen as they or either of them shall use or imploy in and about the said Iron Furnance or Forge or either of them during the continuance of this present Lease Butalso to use for places to lay Wood Cole Mine Iron weare Sowes of Iron Earth Stone Sand Cinder and other necessaries for to be spent imployed or used in and about the said Iron Furnace Iron Forge Hammer or Iron Mill aforesaid To have and to hold the said Hammer Forge or Iron Mill Ponds Waters Waterways Streams Bays Damms and other the premises before by these presents mentioned to be demised with all and singular their appurtenances unto the said H. G. and M. M. their Executors Administrators and Assigns from the Feast of c. last past before the date of these presents Rendring so much Rent the first three years and so much after unto the full end and term of c. from thence ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said first three years of the said term unto the said F. F. his Heirs and Assigns the sum of c. and from and after the c. which shall be in the year of our c. the yielding and paying during all the residue of the said term of c. then to come or to be unexpired yearly and every year at the Feast of c. unto the said F. F. his Heirs and Assigns the sum of For default of payment of the rent a Nomine poenâ—e is granted distresse for both irreplegiable at the Iron Forge or Hammer aforesaid of good c. And if and as often as it shall happen the said yearly Rent of c. before by these presents reserved or any parrt threof to be behind and unpaid in part or in all over of after any of the said Feasts or terms of the year or terms of payment in the which the same ought to be paid by the space of c. being lawfully demanded at the Iron Forge or Hammer aforesaid that then the said H. G. and M. M. their Executors Administrators and Assigns shall forfiet unto the said F. F. his Heirs and Assigns the sum of c. in the name of a pein and that then and from thenceforth it shall and may be lawfull to and for the said F. F. his Heirs and Assigns into all and singular the Iron Furnance Iron Forge Hammer Iron Mill and all and singular other the premises or into any part or parcel thereof to enter and distrain as well for the said yearly Rent as also for all such sum or sums of money as shall be forfeited in the name of a pein and the distresse and distresses there so had and taken from thence lawfully to lead bear drive and carry away and that to withhold detain and keep inrreplegiable until that the said F. F. his Heirs and Assigns shall be of the said yearly rent and arrerages thereof if any shall happen to be and also of all such sum and sums of money as shall be forfeited in the name of a pein fully satisfied contented and paid And the said F. F. and E. F. and either of them doth by these presents for them either of them Covenant and grant to and with the said H. G. and M. M. and either of them Covenant that the leassor upon request shall assign so much wood to the lessee as shal make 500 cords of wood and to and with the Executors Administrators Assigns of them and either of them in manner and form following that is to say that they the said F.F. and E.F. their Heirs and Assigns shall and will yearly and every year during all the said term of c. upon reasonable request to them or any of them to be made by the said H. G. or M. M. or either of them their Executors Administrators and Assigns at or in the now Mansion-house of the said F. in G. c. assign appoint and set over unto the said H. G. and M. M. or to the survivor of them or to their or either of their Exec. Administ and Assigns within two miles of the said Iron-mill or Iron-works of the proper woods of the said F. and E. their Heirs or Assigns or of one of them such and so much wood as shall be sufficient to make 500 cords of wood every cord to contein in length 4 foot in height 6 foot And further the said E. and F. and either of them doth for them and either of the and for the Heirs Executors Administrators or Assigns of them or
assigns shall and may have hold keep and retain in his and their hands to his and their proper use and behoof without any accompt or other thing therefore unto me the said R. W. my executors or administrators Giving and granting unto my said Attorney full power and authority to do and execute all and every act and acts thing and things touching or concerning the said premises in as large and ample manner to all respects as I the said R. can or might make doe or execute if I were personally present at the doing thereof In witnesse whereof c. An Assignment of a Bond by Deed Poll together with a Letter of Attorney irrevocable and usual covenants for the same TO all persons to whom this present Deed Poll shall come R. H. of c. sendeth greeting Whereas A.M. of c. I.W. of c. and R.C. of C. aforesaid did by their Obligation bearing date c. become joyntly and severally bound unto the said R. H. in the sum of c. and the condition of the Obligation was that if the said A. M. his heirs executors administrators or Assigns or any of them did well and truly satisfie content and pay or cause to be satisfied content and paid to the said R. H. c. reciting the whole condition as in and by the said obligation and condition thereof more at large appeareth And whereas the said sum of c. in the condition of the said Obligation specified is not paid unto the said R. H. according to the effect of the said condition Now know ye that the said R. H. for and in consideration of the sum of c. unto him the said R. by P. M. of c. in hand paid and for divers other good causes and considerations him thereunto especially moving hath granted assigned and set over and by these presents doth grant assign and set over unto the said P. M. his executors and assigns the said Obligation and all sums of money therein contained together with all such benefit and commodity as the said R. H. his executors or Administrators can or may take or receive thereby And further the said R. H. doth by these presents The Letter of Atrorney constitute and in this place appoint the said P. M. to be his lawfull Attorney Irrevocable for him and in his name to ask levy receive recover take and have of the said A.M. I.W. and R. C. or either of them or of the heirs executors administrators or assigns of them or either of them all and singular the said sum or sums of money in the said obligation or condition thereof specified and contained and the same to receive keep and detain to the proper use and behoof of the said P. M. his executors and administrators without any accompt or other thing therefore yeelding rendring or paying unto the said R. H. his executors administrators and assigns and in default of payment of the said sum or sums of money to arrest sue or implead at the costs and charges in the law of the said P. M. his executors or assigns the said A. M. I. W. and R. C. or either of them upon the said Obligation in any sute or plaint in any Court or Courts within the Commonwealth of England for and in the name of the said R. H. his executors or administrators and judgement and execution thereupon to take and have and Attorney or Attorneys for in or concerning the said premises or any part thereof for or in the name of the said R. H. his executors or administrators to make constitute ordain or appoint and them also at his and their will and pleasure to alter revoke change and remove And further to make do execute and commit or cause to be made done executed and committed in the name of the said R. H. his executors or administrators all and every matter and thing act and acts whatsoever meet necessary expedient or convenient for the recovery levying having or execution making taking or having of all or any of the sum or sums of money mentioned or contained in the said Obligation and judgement thereupon to be given or either of them And all and singular such sum and sums of mony or other thing as he the said P. M. his executors administrators or assigns shall by reason of the said Obligation and judgement or execution thereupon to be had made or taken have take levy or receive in the name of the said R. H. his executors or administrators And the said R. H. doth for him his executors administrators and assigns Covenant and grant Covenant that the Assignee shall have the mony to his own use without accompt â—ender c. to and with the said P. M. his executors and administrators that it shall and may be lawfull to and for the said P. M. his executors administrators and assigns to have take retain keep and enjoy all or any of the said sum or sums of money mentioned or contained in the said obligation and judgement thereupon to be given or either of them to his and their own use Allowance of all Acts done by the Assignee c. in the name of the Assignor at his costs and charges without any accompt or other thing therefore to be yeelded rendred or given ratifying and allowing confirming and avowing all and every matter and thing act and acts whatsoever which the said P. M. his executors administrators or assigns or any of them shall at his and their costs and charges do execute or commit or cause to be done executed or committed in the name of the said R. H. his executors or administrators in about Covenant that there is no act done nor shall be done whereby to frustrate this grant of assignment touching or concerning the premises or any part thereof And the said R.H. doth for him his heirs executors administrators and assigns and every of them covenant and grant to and with him the said P. M. his Executors administrators and assigns in manner and form following that is to say that neither the said R.H. nor any other pers or pers by his or their consent privity or procurement already hath not made done executed or committed nor that he his heirs executors administrators or assigns or any of them nor any other person or persons by his or their procutement shall or will at any time or times hereafter make do execute or commit or cause to be made done executed or committed any act or acts thing or things whatsoever whereby the said Obligation or all or any of the sum or sums of money therein conteined or any action or act sute or sutes plaint or pl. commenced or to be commenced thereupon or any judgement or judgements thereupon hereafter to be given now be or at any time hereafter shall be released discharged discontinued nonsuted disallowed or otherwise hindred or made void or frustrate or whereby the said P. M. his executors administrators or assigns in the name of
or grow and free liberty ingresse egresse regresse and passage for him the said R.L. his servants and workmen in by over and through any the lands or tenements now in the tenure or occupation of him the said I.B. to cut down mow take and carry away with carts wayns or otherwise at the free will and pleasure of the said R.L. or his assigns the premises or any part thereof untill the feast of c. next ensuing the date hereof And the said I.B. doth further for the consideration aforesaid give grant bargain and sell unto the said R.L. his executors and assigns all and singular the goods and chattels Grant of the goods and chattels real and personal real and personal of him the said I.B. mentioned expressed contained or set down in a certain schedule indented unto these presents annexed To have and to hold the said Hay Wheat goods chartels and all and singular other the premises with all and every their appurtenances unto the said R L. his executors administrators and assigns for ever to the only and proper use and behoof of him the said R. his executors and assigns for ever And the said R. L. doth for him his heirs exec adm and assigns covenant and grant to and with the said I.B. his executors and assigns Covenants by the grantee to pay unto the grantor c. upon request so much as the premises shall amount unto above the sum of c. necessary charges and expences allowed that if he the said R.L. his executors and assigns shall and do make of the said premises before by these presents unto him given granted bargained and sold above the said sum of c. allowing unto him the said R.L. his executors and assigns all such charges and expences which he the said R. his executors and assigns shall be at in the keeping ordering or setting the said premise or otherwise be put unto in about or concerning the same that then he the said R.L. his executors and assigns shall and will at all time and times upon request unto him the said R. his executors or assigns by the said I.B. his executors or assigns had or made within the space of c. next after such request content or pay or cause to be contented or paid unto the said I. B. his executors or assigns at or in the c. of H. aforesaid all such overplus sum and sums of money as he the said R.L. his executors or assigns shall make of the said premises with the allowances aforesaid above the said sum of c. And the said I.B. hath put the said R. L. in full and peaceable possession by deliverry of one Oxe parcel of the premises before in these presents mentioned to be bargained and sold In witnesse whereof c. The Schedule in this present Indenture mentioned The schedule containing and expressing such goodt and chattels as are meant and intended to be bargained sold assigned and set over by these presents to which same is annexed Imprimis four Oxen c. A Release of Errors upon a Fine TO all Persons to whom these presents shall come I.P. of c. sendeth greeting Know ye that I the said I.P. for divers good c. have remised released and for me my heirs c. for ever quite claimed and do by these presents for me my heirs and assigns remise release and quite claim unto I.S. of B. in the said County of K. Gent. his heirs and assigns all and singular right title use interest claim and demand which I the said I.P. my heirs executors and assigns or any of them have may can shall or ought to have challenge or demand in or unto the lands tenements and hereditaments with their appurtenances or any of them which he the said I.S. lately had and purchased of me the said I. P. sit lying and being in S. in the said County of K. And also all and all manner of actions and writs of Error and Errors and all and every Error and Errors whatsoever which I the said I.P. mine heirs executors assigns or any of them may can or might have or am or shall be in any sort intituled unto in or upon any Fine or Fines or otherwise against the said I. S. his heirs and assigns In witnesse whereof c. A Condition that if the wife survive her husband that his Executors shall pay unto the wife the sum of c. THe Conditions c. that if A. M. wife of the within bounded I. M. shall fortune to survive and overlive him the said I.M. Then if the heirs executors administr or assigns of the said I. M. shall and do well and truly content satisfie and paâ— or cause to be well and truly contented satisfied and paid unto the said A. M. her executors and assigns the sum of c. within c. next after such the death and decease of the said I.M. at or in the c. within written That then c. A Letter of Attorney authorising to enter into certain lands and after entry to seal and deliver a Deed subscribed by the M. by which those lands are conveyed over c. TO all Persons c. W. H of c. sendeth greeting Know ye that I the saâ—d W.H. for divers c. have authorized appointed and in my place put and do by c. my loving friend S.B. of c. my true and lawfull Attorney for me and in my name to enter into certain land and wood-land commonly called and known by the name of c. or into any part or parcel thereof and into all and singular the lands tenements and hereditaments specified and conteined in a certain writing being of the date hereof by me subscribed and unto these presents annexed or into any part or parcel thereof in the name of the whole and after such entry made to seal the said writing by me subscribed and to these presents as aforesaid annexed and the same as my Act and Deed unto the said I.B. in the said writing named or to his certain Attorney in that behalf appointed to deliver Ratifying and allowing by these presents whatsoever my said Attorney shall do or cause to be done in or about the doing of the premises In Witnesse whereof c. An Indenture of Covenants to lead the use of a Fine Feoffment c. In consideration of natural affection THis Indenture c. Between Sir R.M. of c. Knight of th' one part and Sir P.W. Knight and P.W. of c. Esquire and A.T. of c. on the other part Witnesseth that the said Sir R.M. for and in consideration of the natural love and affection the which he hath and beareth unto I. M. his Son and Heir apparent and for his advancement and for the present maintenance of the Heir of him the said R. and to the intent his Daughters may have convenient portions to maintain them and to preferr them in Marriage And also for the establishing
the Goaler till by course of Law they shall be delivered and to execute prisoners attainted according to their judgement or otherwise sufficiently save and keep harmlesse the said Sir I.L. his heirs executors administrators and assigns And also all his and their goods and chattels lands tenements and hereditaments what soever of and from all and all manner of execution or of executions of Prisoners whatsoever which to the office of Sheriffwick shall appertain Forfeitures Fines amerciaments imprisonments pains panalties or impositions whatsoever to be charged layed or imposed upon the said County of S. his executors administrators or assigns his or their or either of their goods or chattels lands tenements oâ— hereditaments by reason of any misfeasons or nonfeasson omissions default dely contempt or cause whatsoever of the said R. K. his deputy or deputies Attorney or Attorneys Clark or Clarks Bayiff or Bayliffs or other person whatsoever not doing or insufficient doing his or their duty concerning the said Office of the Sheriff or under Sheriff And that neither he the said R. K. nor any his assigns Deputies Clarks or attorneys shall or will intermeddle with the execution or returning of any Letters or Commandments from c. or any of the Councel without the privity notice and direction of the said Sir I.L. then first had and the said R. K. for himself his heirs executors administrators and assigns and every of them doth further covenant and grant to and with the said Sir I. L. his heirs executors and administrators by these presents that he the said R. K. shall receive into his custody all Prisoners to be committed to his charge and them safely and honestly shall keep until they shall be brought and delivered to the Goal or prison of the said County there to be kept by the Goaler or Keeper of the said Goal or prison until by due course of Law they shall be delivered And of such Prisoners as shall be convicted or attainted shall make or cause to be made due execution according unto the quality of the judgment And that he will within 6 days before every term deliver a Certificate in writing of all executions coâ—â—e to his hands with the name for whom it is to be executed the name against whom the sums to be levied what is don therin against every of them to be pronounced And that the same R.K. shall and will within 6. days next before the beginning of every term which shall be during the time of the said Sheriffwick well and truly deliver and certifie unto the said Sir I. L. a true Note or Certificate in writing under his hand of all such Writs of execution whatsoever as before the term shall be come to his hands with the name and surname of the party and parties for whom the said execution is to be done and also the name and surname against whom the same is to be executed and the sum and sums of money thereby severally to be levied and what is done therein upon every such writ or processe In consideration of all which premises the said I. L. is contented and pleased that the said R.K. shall or may in the name of the said Sir I.L. assign set over any bond to be taken in the name of the said Sheriff for appearance or discharge of Processe to any person or persons to the intent thereby to compel the parties to appear to save and keep harmlesse the said Sheriff and under-Sheriff of any fine or amerciaments thereby And also that the said R.K. may commence or take his action upon any such bond Grant that the under-Sheriff may in the name of the Sheriff assign over any bond to be taken for appearance c. to any person thereby to compell the parties to appear and to save harmlesse the Sheriff c. And that the under-Sheriff may commence any action upon such bonds to enforce the parties to appear to save harmlesse the Sheriff and that he will justifie all sures lawfully taken And that it shall be lawfull for him to retein the money recovered to his own use toward his own charges for the not appearance of the parties so that he will stand to the order of the Sheriff for the overplus for the enforcing the said parties therein bound to bring forth the party or parties for whose appearance they were become bound thereby to save himself harmlesse of such fine and amerciaments as shall be imposed or laid upon the said Sheriff for not bringing forth the said party or parties all which Sutes being lawfully taken for the causes aforesaid the said Sir I.L. doth Covenant and promise to avow and justifie And that it shall be lawfull to and for the said R. K. his executors and administrators and also for the said assigns to retein to their own use their said sum or sums so to be recovered by reason of the said Bonds towards their charges and losses by reason of the not appearance of the said parties so alwayes that they and every of them shall stand to the orders and directions of the said Sir I. L. his executors or administrators for the overplus thereof if any shall be And the said R. K. for himself his executors and administrators and every of them doth Covenant and promise to and with the said Sir I. L. his heirs executors and administrators to acquit and discharge or else to save harmlesse the said Sir I.L. c. of and from all and all manner of costs and damages Covenant to save harmless the Sheriff from all costs and damages which may be recovered against him upon any such sute which may in any wise be awarded adjudged decreed or recovered against him or them by reason of any such Sute Finally the said R. K. for himself his heirs c. and every of them doth Covenant promise and grant to and with the said Sir I. L. his heirs c. and every of them by these presents that he the said R. K. his executors c. shall and will on this side the Feast day of the Purif c. which shall be in the year Covenant by the under-sheriff to pay before such day all sums due to c. wherewith the sheriff is chargable by reason of his office c. and thereupon within 3 moneths next after procure a quietus est in full discharge of his said Office and accompt c. well and truly discharge and pay unto c. his heirs and successors all such sum and sums of money Duties and Demands as shall be due unto c. his heirs or successors wherewith the said Sir I. L. shall be charged or chargeable as Sheriff or by reason of the said Office of Sheriffwick of the said Counties of S. and S. or either of them and thereupon within 3 moneths next ensuing shall procure unto the said Sir I. L. his heirs c. a sufficient discharge and quietus est in full discharge of his said
made and given up by the said E H. in writing under his hand and seale ready to be delivered unto the said parties demanding the same on this side and before the 2 day of February then next ensuing the date of the said Obligation as by the said writings obligatory and the conditions therein specified reference being thereunto had doth and may more plainly and at large appear Now I the said E H. taking upon me the burthen of the said arbitrement for a finall and peaceable end between the said parties do by these presents make and publish my order award and arbitrement concerning al and singular the said premises unto me as aforesaid submitted in manner and form following Imprimis I do award arbitrate and order that the said I C. and his assignes shall and may hold and enjoy one house and the lands therewith used and occupied with their appurtenances now in the tenure or occupation of him the said I C. in B. aforesaid without paying any rent or other charge for the same untill the 19 of May next ensuing the date of these presents he the said I C. or his assignes doing no wast upon the same nor plowing any other land then now is allowed And that the said I C. and his assignes shall at or before the said nineteenth day of May next ensuing the date hereof leave and yield up unto the said R A. his heires and assignes the quiet and peaceable possession of the said messuage lands and all and singular the said premises with their appurtenances and cleerly depart and remove off and from the same except such part of the said Land as is now sowne with Corne or graine the which he the said I C. shal and may keep and enjoy untill the next harvest that he may cut and carry away the said Corne and graine and that then he the said I C. shall leave and yield up the quiet possession of such part thereof unto the said R A. his heires or assignes and wholly depart from the same Item I further award arbitrate and order that if the said I C. and his assignes shall and doe at or before the said 19 day of May next ensuing the date hereof leave and yeeld up unto the said R A. his heires or assignes the quiet and peaceable possession of the said messuage land and premises with their appurtenances except as is before excepted according to this order and arbitrement that then the said R A. his heires executors or assignes shall well and truly pay or cause to be paid unto the said I C. his heires executors or assignes at or upon the three and twentieth day of May next ensuing the date hereof in the South porch of the said parish Church of B. aforesaid the sum of 50 pounds of current mony of England Item I also further order and award that the said I C. his executors or assignes shall at or upon the said three and twentieth day of May next ensuing the date hereof by his sufficient deed in writing remise and release unto the said R A. his heirs executors and assignes all manner of actions and causes of actions sutes quarrels variances discords debates debts accompts trespasses claims controversies and demands whatsoever had moved stirred commented or depending between him the said I C. and the said R A. for any matter cause or thing whatsoever from the beginning of the world untill the second day of October last past before the date of this present award And the said R A. his executors or assignes shall at or upon the said 23 of May next ensuing the date hereof by his sufficient Deed in writing remise and release unto the said I C. his heires executors and assignes all and all manner of actions and causes of actions sutes quarrels varianâ—es discords debates duties aâ—coâ—pts trespasses claims controversies and demands whatsoever had moved stirred commenâ—ed or depending between him the said R A. and the said I C. for any matter cause or thing whatsoever from the beginning of the world untill the said second day of October last past before the date of this present award In witnesse whereof the said E H. to these present Indentures his hand and seale hath put dated the 20 day of January in the year of our Lord God c. Sealed and delivered by the within named E H. the day and year within written in the presence of A sale and confirmation of an estate of a Lease of 100 yeares to an assignee of part of the terme THis Indenture made c. Between T P of B. in the County of K. Clothier of the one part and T P. of M. fuller on the other part Witnesseth That the said T P. for and in consideration of the sum of c. specified and conteined in one Indenture bearing date the 20 day of September Ann Dom. c. made between him the said T P. of the one part and the said T P. of the other part hath given granted bargained sold and confirmed and by these presents doth fully cleerly and absolutely give grant bargain sell and confirme unto the said T P. his executors administrators and assignes all and further estate right title interest and terme of years which he the said T P. his executors administrators or assignes or any or every of them have of in or to one piece or parcell of Land arable and pasture conteining by estimation c. scituate lying and being c. as the meets and bounds thereof on every side do divide and shew forth And also all estate right title interest and terme of years which he the said T P. his heires executors administrators or assignes or any of them have or hath of in or to all these three pieces or parcels of Land conteining by estimation c. lying and being c. and the meets and bounds thereof do divide and shew forth all and singular which said premises were heretofore demised by two severall Indentures of Lease unto I P. Father of the said T P. party to these presents the one by E D. of A. in the said County of K. Esquire bearing date c. and the other by R S. of M. alias M. next S. in the said County of K. bearing date c. for the terme of one thousand yeares as in and by the said severall Indentures reference being thereunto had doth and may more plainly and at large appear To have and to hold all and singular the said estate right title interest and terme of years yet to come and unexpired of him the said T P. his executors administrators and assignes of in or to the said premises with their and every of their appurtenances or of in or to every part and parcell thereof unto the said T P. his executors administrators and assignes for during and untill the residue of the said terme of one thousand years in the said recited Indenture specified and conteined be fully compleat and ended In witnesse c. A
Executors or Assignes first had and obtained in that behalf And furthermore that he the said F B his Executors Administrators or Assignes shall and will at the end and expiration of the said terme of 31 years And that F B shall at the end or expiration hereof not only make a general accompt but also pay unto A B all such money as shall be found due upon the foot of the accompt or other sooner determination of these presents not only make or cause to be made unto the said A B his Executors Administrators or Assignes a true just perfect and general Accompt and Reckoning in writing of his whole dealings buying and selling whilst he shall have the use of the said summe or stock of c. or of any other summe of money 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 his said Art Trade or Profession and not before accompted for and satisfied but also upon the same accompt making shall and will well and truly deliver or cause to he delivered unto the said A B his Executors Administrators or Assignes all such moulds and other tools as shall be then belonging to their said joynt Trade and dealings And shall and will then also truly pay or cause to be paid unto the said A R his c. the said summe or stock of c. and all such other summes of money as shall be thereunto hereafter added or put by the said A B his c. and the moyety or one half part of all the gains profits and increase that shall be so risen and growne by reason of using the said Art Trade or Profession of a Pewterer and which shall not before that time have been accompted for and satisfied as aforesaid And moreover that he the said F B shall and will at all times hereafter and from time to time during the said term of c. above specified 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 or 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 * If either be minded to leave histrading then upon halfe a years warning to give over and make a perfect general Accompt and to pay all such money as shall be due Provided alwayes and it is covenanted granted and mutually agreed upon by and between the said parties to these presents and the said F B for himselfe his c. doth covenant grant and agree to and with the said A B his c. by these presents That if it shall happen at any time hereafter during the said term of 31 years above specified that the said A B his c shall grow in dislike or shall be minded to give over and discontinue his joint trading and dealings with the said F B. And that the said A B his c. do or shall give halfe yeares warning of such his intent and purpose unto the said F B his c. in the presence of two or three witnesses at the least That then and from thenceforth all the Covenants Grants and Agreements herein contained on the part and behalf af the said A B his c to be performed and kept shall cease determine and be utterly void and of none effect to all intents constructions and purposes in the Law whatsoever And that then also he the said F B his c. shall and will at the end of the said six months so limited to be given for warning as aforesaid make and give up unto the said A B his c. such a true just perfect and general Accompt as is above mentioned and also upon the fame Accompt making shall and will well and truly deliver or cause to be delivered unto the said A B his c. all such moulds and other tooles as shall be then belonging to their said joint Trade and dealing and shall and will then also truly pay or cause to be paid unto the said A B his c. the said summe or stock of c. and all such other sumes of money as shall be thereunto hereafter added or put by the said A B his c. and the moyety or one halfe of all the gains profit and increase that shall be so arisen and growne by reason of using the said Art Trade or Profession of a Pewterer and which shall not before that time have been accompted for and satisfied as aforesaid In witnesse c. An Indenture of Co-partnership between Drapers THis INDENTVRE made c. between R. B. of c. of the one part and A.G. of c. of the other part Witnesseth That whereas on the day of the making of these presents it is accorded covenanted and condescended by and between the said parties and either of them by himself covenanteth to the other That they and either of them shall and will joyntly as Partners occupy together by the grace of God from the 21 day of c. for and during the whole time and term of ten years from thence next and immediately ensuing as well in buying as in selling all manner of Goods Wares and Merchandizes concerning the Trade of a â—â—nnen Draper during which time of their said Co-partnership either of the said parties shall be just faithful and true to the other in buying and selling and otherwise as aforesaid And that neither party shall buy any goods wares or Merchandizes at any time or times during the said terme without consent of the other that shall amount to above the summe of c. And all such lucre profit increase gaine That all gains shal be equally divided advantage and winning as shall come and grow in buying and selling any goods wares or merchandizes as aforesaid during their said Co-partnership shall be equally parted and divided between the said parties so that either of them shall have his just and true portion of the gaines aforesaid according to the true intent and meaning of these presents and at all times within the said term of ten years from the said 21 day of c. when it shall please either of the said parties to give admonition or warning to other then either of them to make other a just and true reckoning and accompt of the buying and selling of all manner of Wares Goods Merchandizes and otherwise as is aforesaid and of the increase and advantage that shall come and grow of the same at the foot of all and every such Accompt and Accompts to charge their several private Books for that purpose so he kept If any loss happen to be equally born and to set each hand to others Book And also it is covenanted and agreed between the said parties that if the said parties at any time or times
A Proviso that all informations exhibited in the E. and Upper Bench shall be to the only use of R R against any person in such a Town c. and it is agreed c. That in case it shal happen the said R R to exhibite any information against any person or persons dwelling in c. in any Court or Courts except it be sued in the E. the Crown Office or the Upper Bench That then all the benefit and commodity with all such sum and sums of mony as shall come arise or grow by reason of every such information or informations which shall be so sued in the said Town of c. and not elsewhere at the proper costs and charges of the said R R shal be wholly imployed to the proper use of the said R and his Assignes any thing c. Moreover it is covenanted c. the Covenant for Survivorship In witnesse c. A Defeazance upon a Judgement THis INDENTVRE made c. between c. Witnesseth That whereas the said T W hath one recovery or judgement against the said H G in the Court of Upper Bench for 100 l debt 4 l. costs of suit as by the Records in the said Court of Upper Bench in Michaelmas Term last past before the date hereof it doth and may appear Neverthelesse it is agreed between the said Parties and the said T W doth for himself his Executors and Administrators Covenant promise and grant to and with the said H G his Executors and Administrators by these presents If the said H G his Executors Administrators or Assignes or any of them shall and do well and truly pay or cause to be paid unto the said T W his c. the full sum of c. at the now dwelling house of c. on the c. That then the said T W. his Executors Administrators or Assignes shall and will at the proper costs and charges of the said H G his Executors Administrators or Essignes acknowledg satisfaction upon Record of the said recovery or judgment of a 100 l. debt and 4 l. costs of suit Covenant upon satisfaction to seal a Release as aforesaid And the said H G doth Covenant c. That he the said H G. his Executors or Administrators shall and will presently upon satisfaction acknowledged as aforesaid make seal and as his Deed deliver to the use of the said T W his Executors or Administrators a release of errours for or concerning the recovery or judgement aforesaid In witnesse whereof the said Humfrey Gother c. An Indenture of Bargain and Sale of Manors Lands c. Demised by fourth parts to the Grantor and others penn'd by Will. Noy Esquire THis INDENTVRE made c. Betweene c. Whereas Sir Henry Harrington by his Indenture of demise under his hand and Seal for the considerations therein mentioned hath demised granted and to farm letten unto G W of c. the said T G by the name of T G of c. R G of c. R M c. and B W of c. All those the Manors Townes Villages and Hamlets lying and being within the Lordship Countrey Territory or Circuit of Land called or known by the name of c. now being in the County of Wicklow and sometimes being in the County of Dublin and lying in the Country called the Birnes Country that is to say the Manors Recital Townes Villages or Hamlets called by the name of c. or by what other name or names the same be called or knowne by and also all the said Lordship Countrey Territory and Circuit of Land called or knowne by the name of c. in the said County of Wicklow and in the said County of Dublin or in either of them And also all and singular Manors Messuages Grants Cottages Mills Castles Fortillages Lands Tenements Meadowes Feedings Pastures Moors Heathes Groves Woods Underwoods Free-warren Mines and Minerals of what kind soever Markets Faires Tolls Court-leets view of Franks pledge Customes Wards Marriages Reliefs Rents Reversions Services Priviledges Jurisdictions Profits Commodities Advantages Emoluments and all other Hereditaments whatsoever within the said Lordship Countrey Territory and Circuit of Land called c. or to the said Manors Townes or Castles Messuages Lands Tenements and Hereditaments and all other the above recited premises and every or any of them belonging or in any wise appertaining or with them or any of them at any time heretofore used or enjoyed accepted reputed taken knowne or esteemed as part parcel member or appertinent of or to them or any of them and the Reversion and Reversions remainder and remainders of all and singular the premises and every part and parcel thereof Habendum To have and to hold one quarter and full fourth part of all and singular the said Lordship Country Territory and Circuit of Land called c. and of the said Manors Townes Villages Lands Tenements and Hereditaments and of all and singular other the premises above mentioned to be demised granted and to Farme letten in and by the said recited Indenture of Lease into four parts to be divided unto the said G W his c. from the Feast of c. last past before the date of the said recited Indenture of Lease unto the end and term of c. from thence next ensuing fully to be complete and ended without impeachment of or for any manner of waste And one other quarter or full fourth part of all and singular the said Lordship Countrey Territory and Circuit of Land called c. and of the said Manors Towns Villages Lands Tenements Hereditaments and of all and singular other the premises above mentioned to be demised granted and to Farm letten in and by the said recited Indenture of Lease into four parts to be divided unto the said T G his c. from the Feast of c. last past before the date of the said recited Indenture of Lease unto the end and terme of c. thence next ensuing fully to be complete and ended without impeachment of or for any manner of waste and one other quarter or full fourth part of c. ut supra And whereas also the said Sir H H for the consideration in the said Indenture mentioned hath for him his c. given granted bargained and sold unto the said G W T G R G R M. and B W their c. All and singular trees timber trees woods underwoods whatsoever now standing or growing or which at any time hereafter during the said term of c. shal stand and grow in and upon the premises before mentioned to bee demised granted and to farm letten in and by the said Indenture of Lease and in and upon any part or parcel thereof in manner and form following That is to say one fourth or quarter part of all and singular the said trees timber-trees woods and underwoods unto the said G W his c. without impeachment of any manner of waste to the
it shall and may be lawful to and for the said Dame WJ and her Assigns at all time and times when and as often as the said yearly rent or any part thereof shall happen to be behind or unpaid at the place of payment aforesaid by the space of 28 daies next after any of the said Feasts of payment To have perceive and take out of the said Lordship and Manour and other the premises or any part thereof Nomine poenae for non-payment of the Rent Clause of distresse 10 l. of lawful English money Nomine poenae And that it shall and may be lawful to and for the said Dame W. and her Assigns at all time and times into the said Lordship and Manour and other the premises to enter and distrain as well for the said sum of money so to be forfeited Nomine poenae as for the arrearages of the said rent which shall so happen to be behind or unpaid And the distresse and distresses there taken or found to impound and in pound to detain and keep until the said arrearages of the said yearly rent and sums so to be forfeited nomine poenae as aforesaid shall be according to the true intent and meaning of these presents satisfied amdâ—paid And further it is also agreed by and between all the said Parties to these presents for them their Heires and Assignes The Fine to other parts to be to such uses that the said Fine as to the said Lordship and Manour and all other the premises before mentioned to be hereby conveyed or assured to the said VV. Q. L. D and R.VV. shall be to the use of the said VV.B. his Heirs and Assignes for ever under upon and subject to the payments charges forfeitures conditions re-entries limitations intents and purposes in these presents formerly mentioned and expressed and according to the intent and true meaning of these presents and not otherwise And the said VV. B. for himself his Heires Covenant to pay the said Rent and Administrators doth Covenant and grant to and with the said J.C. and Dame VV. their Executors Administrators end Assigns by these presents That he the said VV. B. his Heirs Executors Administrators and Assignes shall and will well and truly pay or cause to be paid unto the said J.C. and Dame VV. their or either of their Assignes during the joynt lives of the said J.C. and Dame VV. and after the death of the said J.C. to the said Dame VV. if she survive the said I.C. and to her Assigns the said yearly sum of c. in manner and form aforesaid and according to the purport intent and true meaning of these presents So long as the Land shall be enjoyed without eviction c. So long as be or they shall or may have and enjoy the premises mentioned to be conveyed by the said Fine without lawful eviction and lawful expulsion of or by the said I.C. and Dame VV. or of either of them And also that he the said VV.B. his Heires or Assigns so long as he or they shall or may in like fort have and enjoy the said premises mentioned to be conveyed by the said Fine Covenant to day 80 l. per an besides the former Rent without the lawful eviction and lawful expulsion of the said I. C. and Dame VV. or of either of them upon any good lawful or just title other then for or by reason of any default of any of the payments aforesaid or of any part thereof shall and will yearly well and truly pay or cause to be paid unto the said Dame W. and her Assignes for and during her natural life the yearly sum or rent of 80 l. of lawful money of England over and besides the said yearly rent of c. at the place of payment aforesaid and at the said Feasts of c. yearly by even and equal portions or on the 19. day next after each of the said Feasts For the payment of which said 80 l. the Party binds himself in a thousand marks To and for the payment of which said Dame W. at the said Feasts and dayes of payment aforesaid according to the purport true intent and meaning of these presents The said VV. B. and L.D. do by these presents bind them and either of them their and either of their Heirs Executors and Administrators unto the said Dame VV. in the sum of one thousand marks of lawful English money Provided neverthelesse Provided that if there shal be a re-entry for non-payment of the Rent the Land be of such a value unless through any act or thing of the Re-enterer shall so remain without eviction c. then no benefit to be taken of the Covenant for the payment of the 80 l nor of the penalty of one thousand marks and the true intent and meaning of these presents and of the Parties to the same is That if contrary to the purport true intent or meaning hereof or of the Parties to the same any default of payment shall happen to be of the said yearly rent or sum of c. or of any part thereof at any of the said Feasts of payment and at the 19 day then next following for which or whereupon the said I. C. and Dame W. or either of them their or either of their Assigns during the joynt lives of the said I. C. and Dame VV. or the said Dame W. or her Assigns after the death of the said I. C. shall re-enter into the said Manour and other the premises or into any part thereof and the said Manour and other the premises before mentioned to be conveyed by the said Fine shall be at the time of such re-entry of the clear yearly value of 360 l. of lawful English money over and above all charges and reprises and so unlesse it be through any act deed thing or evil husbandry of the part of the said Dame VV. or her Assigns shall remain be and continue unto the said Dame W. and her Assigns of that clear yearly value during the life of the said Da. VV. without any manner of eviction trouble or expulsion of or by the said VV.B. his Heirs or Assigns and of all and every other Person and Persons claiming by from or under the said VV.B. his Heirs or Assignes or by reason of his or their title or estate or otherwise by reason of any tenure or seigniory that then neither the said I. C. and Dame VV. or either of them their or either of their Executors or Administrators shall have or take any benefit or advantage of or by the said last mentioned Covenant for payment of the said yearly sum of 80 l. not of or upon the said Obligation or penalty of one thousand marks for the performance thereof any thing in these presents to the contrary in any wise notwithstanding ¶ In witnesse whereof the said Parties to these presents have to every part thereof set their hands and seales the Day and
incumbrances and that the said premises and every part thereof now be and from the ensealing of these presents shall stand and be free or shall from time to time sufficiently be saved harmlesse by the said Sir VV.VV. or by his Heires Executors or assignes of and from all and all manner of former bargainer and former sales gifts grants Lease Leases Dowers Joyntures estates intailes forfeitures penalties titles troubles charges and incumbrances whatsoever had made done or suffered or hereafter to be had made done or suffered by the said Sir VV.VV. or any other Person or Persons whatsoever the rents and services hereafter due and payable to the chief Lord and Lords of the Fees from time to time onely excepted and fore prized The usuall covenant for further assurance And the aforesaid premises with the appurtenances he the said Sir VV.VV. against him and all others shall warrant and defend And the said Sir VV.VV. for himself his Heires Executors and Assignes doth covenant and grant to and with the said Sir I.M. Sir E.C. and M. VV their Heires Executors and Assignes by these presents That he the said Sir VV.VV. and his Heires shall and will at all times within ten years next ensuing the Date hereof when and so often as he or they or any of them shall be thereunto required by the said Sir I.M. Sir E.C. and M.VV. or any of them their Heires or Assignes and at the costs and charges in the law of them the said Sir I.M. Sir E.C. and M.VV. their Heires or Assigns do make execute acknowledge and suffer all such further lawfull and reasonable act and acts device and devices in the law be it by Fine or Fines Recovery or Recoveries with single or double Voucher or Vouchers Feoffement Release Confirmation or by all or any other such waies or meanes with like Condition or Proviso as hereafter in these presents is mentioned and contained and according to the true intent and meaning of these presents as shall be reasonably devised and advised by the said Sir I.M. Sir E.C. and M.VV. their Heires or Assignes or by their Councell learned in the law for the better and more perfect assuring and sure making of the aforesaid Premises to the said Sir I.M. Sir E.C. and M.W. and to their Heires and Assignes The usuall Covenant that the Bargainer shall injoy the lands and take the profits upon condition and so long as he shall pay such a yearly summe which is the use of the money And the said Sir I.M. Sir E.C. and M.VV. as well for and in Consideration that the premises hereby bargained or sold or mentioned to be bargained and sold are now in Lease As also for that the same do lie fit and convenient and neer unto the Lands and possessions of the said Sir W.W. as also for divers other good causes and considerations the said Sir I. M. Sir E. C. and M.W. for them their Heires Executors Administrators and Assignes and every of them doe Covenant grant promise and agree to and with the said Sir W.VV. his Heires Executors Administrators and Assignes and to and with every of them by these presents That the said Sir VV.VV. his Heires Executors Administrators and Assignes shall or lawfully may quietly have hold occupie possesse and enjoy the aforesaid Manour and premises before in these presents bargained and sold or hereby mentioned to be bargained and sold or take the rents and profits thereof without any accompt thereof to be given or made to the said Sir I. M. Sir E.C. and M.VV. the Heires Executors Administrators or Assignes and without the lawfull let disturbance or interruption of the said Sir I.M. Sir E. C. and M.VV. their Executors Administrators or Assignes upon condition and so long as the said Sir W. W. his Heires Executors Administrators or Assignes or any of them shall yearly and every year now hereafter following well and truly content and pay or cause to be well and truely contented and paid unto the said Sir I.M. Sir E.C. and M.VV. their Heirs Executors Administrators or Assignes or their or any of their lawfull Attourney or Deputy thereunto assigned or deputed The full summe and yearly Rent of 60l by the year of good and lawfull money of England at two severall Dayes of payment by even and equall protions that is to say at in or upon the 14. Day of May and the 14 Day of November or within fourteene days next after either of the saist Dayes at or within the Church of the Inner-Temple London scituate in or neer Fleet-street in or near London within the County of Middlesex Provided alwaies Proviso that this conveyance shall be void upon notice given in writing of tender and payment of the principall money neverthelesse and that it is fully Covenanted granted concluded and agreed by and between the said Parties to these presents and every of the said Parties do by these presents Covenant grant and agree for them their Heires Executors Administrators and Assignes and every of them respectively That if the said Sir W.W. his Heires Executors or any of them shall be hereafter minded and determined to pay to the said Sir I.M. Sir E. C. and M. W. their Heires Executors Administrators or Assignes the summe of Six hundred pounds of good c. and of such his or their mind intent and purpose shall in any yeare hereafter at any the Daies before mentioned and appointed for the payment of the said yearly Rent of 60l deliver and leave a plaine and perfect notice and warning by writing under his or their or any of their hand and seale or hands and seales either unto the hands of the said Sir I.M. Sir E.C. or M.VV. their Heires Executors Administrators or Assignes or any of them or to the hands of such Person or Persons as shall be lawfully interessed in the then present possession and interest of the said Manour Lands and Tenements and other the premises herein mentioned to the bargained and sold and in the same writing of notice so to be left or delivered expresse mention shall be made and contained that he the said Sir VV. VV. his Heires Executors Administrators or Assignes or some or one of them or some other Person or Persons for him or them shall and will pay the said summe of Six hundred pounds upon the next Day of payment of the said summe or yearly Rent next ensuing after the day wherein the said writing of notice shall be delivered And also the said Sir VV.W. his Heires Executors Administrators or Assignes or any of them at such of the Dayes of payment of the said sum or yearly Rent as in and by the said writing of notice so as aforesaid to be delivered shall be mentioned expressed and appointed for the payment of the said sum of six hundred pounds do and shall well and truly satisfie content and pay or cause to be well and truly satisfied contented and paid to the said Sir I.M. Sir E.C. and M.W. their Executors
our Lord God c. And all end every the said several payments of the said sum of 3870 l. and every of them to be respectively had and made in and upon all and every the said several Dayes of payment thereof before specified at or in the common receipt of the Royal Exchange London between the houres of ten of the clock in the morning and four of the clock in the afternoon of every of the said several Dayes of payment thereof before specified That then and immediately from thenceforth as well the use estate and interest of the said A.H. and his Heirs and Assignes and every of them of or in the said Manours Lordships Burrough Park Messuages Lands Tenements Hereditaments and Premises and every or any of them by force and means of the said Covenanted or intended conveyances and assurances and of these presents and every or any of them shall absolutely cease end and be meerly and utterly frustrate and void as also that the said Covenanted or intended conveyances or assurances and every of them so or in any manner to be had made knowledged levied or executed by the said Sir Io. C. the Father Sir Io. C. the Son and Dame A. his Wife Sir D.D. and Dame M. his Wife Sir T.C. and Dame D. his Wife or any of them their or any of their Heirs of or in the said Manours Lordships Burrough Messuages Lands Tenements and Hereditaments and other the premises with the appurtenances and every or any of them or of any part thereof shall be and so for ever hereafter shall be adjudged construed and taken to be to and for the onely use and behoof of the said Sir I.C. the younger And to be to other uses his Heirs and Assignes for ever and to none other use intents or purposes whatsoever And furthermore And the Partics to stand seized to those uses that all and every other Person and Persons and his and their Heires and every of them to whom any of the said Covenanted or intended Conveyances or Assurances or any of them shall be so had or made as aforesaid by force therof and of these presents shall stand and be seized of and in all and singular the said Manours Lordships Burrough Messuages Lands Tenements and Hereditaments and every of them and of every part thereof with the appurtenances to the onely sole and proper use and behoof of the said Sir Io. C. the Younger and the Heires of the said Sir Io. C. the younger for ever and to none other use intent or purpose whatsoever And also that then and from thenceforth it shall and may be lawful to and for the said Sir Io. C. the younger and Dame A. his Wife and the Heires of the said Sir Io. C. the younger and every of them into all and singular the said Manours Lands Tenements and Premisses and every of them to re-enter and the same and every part thereof to retain repossesse and have again as in his and their former Estate Any thing in these presents contained or otherwise to the contrary thereof in any wise notwithstanding And the said Sir Io. C. the Younger is contented and agreed and for himself his Heires Executors and Administrators and every of them doth Covenant and Grant to and with the said A. H. his Heirs Executors and Administrators and every of them by these presents not onely upon every payment of every several sum parcel of the said 3870 l. to seal and deliver a particular acquittance unto the said Andrew Huddleston his Executors or Assignes acknowledging thereby the receipt of such sums so then well and truly paid according to the agreement thereof But also they the said Sir Io. Cutts the Elder and Sir Io. C. the Younger for themselves their Heires Executors and Assigns do Covenant and Grant to and with the said A.H. his Heires and Assignes that if the said A.H. his Heirs Executors or Administrators or any of them shall and do well and truly satisfie and pay or cause to be satisfied and paid unto the said Sir Io. C. the Younger his Executors or Aministrators or any of them the said summe of 3870 l. residue of good and lawful Money of England at the said several dayes and times and in manner and form as in that behalf is formerly in or by the proviso or condition aforesaid mentioned or specified and according to the tenour and true intent and meaning thereof and of those presents That then and at all times from thenceforth as well the said Sir Io. C. the Elder and Sir Io. C. the Younger and either of them their and either of their Heirs Executors Administrators and Assignes and every of them shall and will at and upon the reasonable request or requests costs and charges in the Law of the said Andrew Huddleston Covenant not onely to give particular acquittances of the Moneys received his Heirs or Assignes do make and execute and cause to be done made and executed unto the said A. H. his Heirs Executors Administrators and Assignes or any of them All and every such release and releases acquittances or other discharges of and concerning the said 3870 l. above mentioned And of and for the said Conditional proviso Limitation Clause of Re-entry or limitation of use or uses unto the said Sir Jo. C. the Younger his Heirs or Assigns formerly in or by these presents comprized or contained But to make such Releases or other discharges of the grosse summe and Condition c. and such other further assurance as shall be advised by Counsel As also that the said Sir Jo. C. the Elder Sir Jo C. the younger and the Heirs of the said Sir Jo. C. the elder and Sir Io. C. the younger and every of them shall and will at all times thenceforth at and upon the like request cost and charges in the Law of the said A. H. his Heires or Assignes or any of them do make and execute or cause to be done make and executed unto the said A. H. his Heirs and Assignes for ever all and every such further and other act and acts conveyances and assurances in the Law whatsoever for the further better more absolute and assured surety sure making conveying and assuring of the said Manours and Lordships Burrough Park Messuages Lands Tenements Hereditaments and premises and every of them and every part therof with the appurtenances and of all and every their and every of their Title Interest claim and demand whatsoever of or in to the same or any part thereof unto the said A.H. his Heirs and Assigns for ever absolutely and without any condition or limitaion whatsoever As by the said Andrew H. his Heires and Assignes or any of them or by his and their Councel learned in the Law shall be in that behalf lawfully and reasonably devised or advised So as the said parties to the said assurance be not inforced to travel other then is afore expressed respectively And so as the same do not
yearly value of 25 l. of current English money over and above all charges and reprizes whatsoever And the said I. H. was at the time of the ensealing of the said recited Indenture seised in reversion in fee-simple or fee-tayl and the estate and interest in possession being but one life only and no more of such part residue of the said premises by the said recited Indenture given granted conveyed bargained and sold or meant or intended to be by the same given granted conveyed bargained sold as doth amount unto the clear yearly value of 25 l. over and above all charges and reprizes whatsoever And that all the whole premises by the said recited Indenture given granted bargained conveyed sold or meant or intended to be by the same given granted bargained conveyed and sold being in possession and reversion are of the clear yearly value of 50 l. over and above all charges whatsoever Covenant to deliver the evidences bargained sold to the bargainee c. before such a day And the said I. H. doth further for him his Heirs Executors Administrators and Assigns covenant promise and grant to and with the said E. H. his Heirs Executors Admistrators and Assigns That he the said I. H. his Heirs Executors or Assigns shall fully deliver or cause to be delivered unto the said E. H. his Heirs Executors Administrators or Assigns at or before the Feast of Saint James the Apostle next ensuing the date hereof at or in the now dwelling-house of the said E. H. situate in K. aforesaid all such Deeds Charters And that the bargainer was seised of a sure indefeisable estate in fee-simple or fee-tayl and that there is no impediment whereby the premises may not be sold or the use thereof arise and be transferred in possession or reversion Exemplifications and Writings whatsoever as are by the said recited Indenture given granted bargained and sold unto the said E. H. his Heirs and Assigns And also that he the said I. H. was at the insealing of the said Indenture lawfully seized of the said premises with the appurtenances in the said recited Indenture specified and contained of a good sure perfect absolute and undefeazable Estate in Law in fee-simple or fee-tayl without any condition limitation future or contingent use or uses and that there is not any let hindrance or impediment whatsoever whereby all singular the said premises in the said recited Indenture specified and contained with the appurtenances and every part and parcell thereof may not be given granted bargained and sold or the use and uses thereof and every part and parcel thereof shall or may not spring arise and be transferred in possession or reversion unto the said E. H. And that the bargainer may enjoy the premises under the condition in the said recited Indenture specified without any lawfull interruption of any person except M. which hath an estate for life in part of the premises according to the purport of the said recited Indenture his Heires and Assigns according unto the intent purport and true meaning of the said recited Indenture And also that the said E. H. his Heirs and Assigns under the proviso and condition in the said recited Indenture specified shall may quietly peaceably without any lawful let vexation molestation or disturbance of the said I. H. his Heirs or Assigns or any other person or persons whatsoever the estate of M. H. mother of him the said I. H. of and in parcel of the said premises only for term of her life excepted and fore-prised Have hold occupie and enjoy the said premises by the above-named Indenture given granted bargained and sold or meant or intended to be by the same Indenture given granted bargained and sold and every part parcel thereof with the appurtenances to him the said E. H. his Heirs and Assigns according unto the intent purport and true meaning of the said recited Indenture and the clauses and articles therein contained And also that the said four Messuages Lands Tenements Hereditaments And that the premises by the said recited Indenture bargained sold were and shall continue free from all former bargains states joyntures c. and all and singular other the premises by the above-written Indenture give granted bargained and sold or meant or intended to be by the same given granted bargained sold and every part parcel thereof with the appurtenances at the time of the ensealing and delivering of the said Indenture were and so under the proviso condition in the said recited Indenture contained shall be continue unto the said E. H. his Heirs and Assigns free clear and exonerated and discharged of from all former bargains states joyntures dowers morgages judgments executions recognizances fines forfeitures The Rents due to the Lords of the Fee and two several estates for lives of several parts of the premises excepted fines for alienations rent-charges rent-sects and of and from all and all other manner of charges and incumbrances whatsoever The rents and services now due or hereafter to be due unto the Lord or Lords of the fee of the said premises and one Estate made unto M. G. in the one half of the said premises for term of her natural life only and no longer and one other Estate made unto D. H. now wife of the said I. H. of and in one part of the other half of the said premises for the term of the natural life of the said D. H. only and no longer always excepted and foreprized Covenant by the bargainee that the bargainer shall receive the rents take the profits of the premises bargained sold until the bargainer shal make default in payment of the sum in the Proviso in the said recited Indenture contained And the said E. H. doth for him his Executors and Assigns Covenant and grant to and with the said I. H. his Executors and Assigns that he the said E. H. his Heirs and Assigns shall and will permit and suffer the said I. H. his Heirs assigns to take receive levy the rents profits of the said premises by the said recited Indenture given granted bargained and sold or meant or intended to be by the same given granted bargained sold until he the said I. H. his Heirs or Assigns shall make default or fail in payment of the said sum of 300 and 50 l. in the proviso in the above-recited Indenture contained all things before specified to the contrary notwithstanding In witness whereof the parties abovenamed to these present Indentures their hands and seals interchangeably have put the day and year first above-written Annoque Dom. 1624. A Release of Waste and Estrepement and of arrerages of Rent actions of Covenant and Debt TO all true Christian People to whom this present writing indented shall come T. B. of S. in the County of K. Esq sendeth greeting in our Lord God everlasting Know ye that I the said T. B. for divers
good causes considerations me thereunto especially moving have remised released and for ever quit claimed and by these presents do clearly sully and absolutely remise release and for ever quit claim unto A. D. of B. in the County of W. Wid W. S. of B. aforesaid in the said County Esq A. L. of S in the said County of W. Widdow all and all manner of waste or wast made committed or done by them or by any or either of them or by any other person or persons whatsoever by or in their or any of their right title means procurement or permission in and upon any the houses site and demean Lands heretofore by Indenture made bearing date upon the Feast day of All Saints in the eight and twentieth year of the reign of K. Henry the Eight deceased by William late Abbat of Glocester and Covent of the same demised granted and to farm letten to George Daston Gent. for 80 years if he lived so long And of and from all and all manner of Rents and arrerages of Rents whatsoever due or payable to the said T. B. by the said A. D. W. S. A. L. or any or either of them for or in respect of any the houses site and demean Lands before mentioned And of and from all and all manner of actions of Waste actions of Trespasse actions of Covenant and Debt and of and from all other actions sutes and demands whatsoever had or prosecuted or to be had or prosecuted against them or any of them for or concerning any the matters or causes before mentioned so as neither the said T. B. nor his Heirs nor any other person or persons whatsoever for him or in his name any action or sute at any time hereafter shall or may have or prosecute against the said A. D. W. S. A. L. or any or either of them for or in respect of any the causes before mentioned But of and from the same shall be hereafter excluded and barred by these presents In witnesse whereof the parties above-named their hands and seals to these present Indentures interchangeably have put the day and year first above written Annoque Dom. 1614. An Indenture of Covenants for the surrender of a Lease and leaving the possession by a day according to an Order of the Court of Common-Pleas THIS INDENTURE made c. Between 7. B. of S. in the County of K. Esq of th' one part and A. L. of S. in the County of W. Gent. of th' other part Witnesseth That as well for and in performance and accomplishment of a certain Order or Rule made in the Court of Common Pleas at Westminster in the Term of Easter now last past before the date hereof in an action of Ejectione firme depending in the said Court by A.L. Lessee of the above-named T.B. Plaintiff against W. S. and others Defendants for and concerning the title right interest and possession of the said T. B. in and to the Site Manor-house and Demeans of the Manor of H. in the said County of G. with th'apputtenances as also for and upon divers other sufficient causes and considerations it is covenanted granted concluded and agreed upon by and between the said parties to these presents Covenant according to the Order to deliver up the peaceable possession of the lands in manner and form follwing And first the said A. D. doth for him his Heirs Executors Administrators and Assigns covenant and grant to and with the said T. B. his Heirs Executors Administrators and Assigns That he the said A. L. shall and will according to the Order above-mentioned and the true meaning of the same yield and deliver up or cause to by yielded and delivered up unto the said T. B. his Heirs and Assigns at the Feast of Saint Michael the Archangel next ensuing the date hereof the quiet and peaceable possession as well of the Farm-house with the appurtenances Site and Demeans of the said Manor of H. in the County of G. aforesaid And that the may peaceably enjoy the land without eviction or disturbance of W. G. or A. or of any other person c. as also of all Lands or Tenements used or occupied as part parcel and member of the Demeans of the said Manor And also that he the said T.B. his Heirs and Assignes shall and may peaceably and quietly from the Feast of St. Michael the Archangel next ensuing hold and enjoy the said site Farm-house and Demeans of the Manor of H. and all other the premises with the appurtenances and every part and parcel thereof without any let eviction or disturbance of the sard A. L. W. D. of H. in the said County of G. deceased G.D. of H. aforesaid deceased or A. D. of B. late in the said County of W. or any of them and without any lawfull let or disturbance of any other person or persons lawfully claiming in by from or under them or any of them And that the premises shall be discharged or sav'd harmlesse from all charges or incumbrances committed or done by W. G. c. or any other amp c. And furthermore that the said premises with the appurtenances and every part and parcel thereof shall be and continue unto the said T.B. his Heirs and Assignes acquitted and discharged or otherwise upon request sufficiently saved harmlesse and indempnified of and from all manner of charges and incumbrances whatsoever had made committed or done by the said A. L. W.D. G.D. E.D. A. D. or A.D. junior or any other person or persons lawfully claiming by from or under them or any of them And the said A.L. doth furthermore for him his Heirs Executors Administrators and Assigns Covenant and grant to and with the said T. B. his Executors Covenant that the suâ—rèderer will upò request made by the surrenderee save him harmless the premises from all actions còtroversies had or brought by A. W. G. c. or any other person c. Administrators and Assignes That he the said A. L. his Executors and Assigns shall and will from time to time upon reaasonable request to him or them by the above-named T.B. his Heirs Assigns made save and keep harmlesse as well the above-named T. B. his Heirs Assigns as the said Site Farm-house and Demeans of the said Manor of L. and all other the premises with the appurtenances and every part and parcel thereof of and from all and all manner of sutes actions and controversies which shall be had made commenced or brought by them the above-named A. L. W. D. G. D. E. D. A. D. or A. B. or any of them or any other person or persons lawfully claiming or lawfully pretending any right or title by from or under them or any of them And also that aswell the said A. L. his Heirs and Assigns And also that aswell the surrenderer as also the said W.G. c. shall within such a space upon request of the surrenderee make such further assurance c. be
rent behind the distrainer to detain until he be satisfied of the Rent unto the said T.F. and his Heirs for and during the natural life of the said T.F. and the same to be paid yearly at or in the South porch of the Parish Church of S. aforesaid at or upon the second day of May. which shall be in the year of our Lord 1595. And if it shall happen the said Annuity or yearly rent of 10 l. or any part or parcel thereof to be behind or unpaid by the space of fourteen dayes next after the day and time in which it is limited and appointed to be paid as aforesaid that then and from thenceforth it shall and may be lawfull to and for the said T.F. and his Assigns during the natural life of the said T. F. as aforesaid into the said Brewhouse with all the edifices and buidings thereunto belonging and into all and singular the Lands Tenements and Hereditaments with the appurtenances in the above recited Indenture specified and contained and into every or any part or parcel thereof to re-enter and distrain and the distress or distresses there so taken to lead drive chase carry away impound and the same to keep and detain until the said T.F. and his Heirs and Assigns shall be of the said Annuity or Annual rent of 10 l. and every part and parcel thereof which shall so fortune to be behind and unpayed fully and wholly contented satisfied and paid And the said B. F. doth for him his Heirs and Assigns covenant and grant Covenant if the rent be behind unpayed by the space of 30 days next after the day of payment that thè it shall be lawful for the Grantee to enter into the land and the same to have to him his Heirs and Assigns for ever to and with the said T. F. his Heirs and Assigns That if it happen the said Annuity or Annual rent of 10 l. or any part parcel thereof to be behind and unpaid by the space of 30 days next after the time and day of payment upon the which it ought to be paid as aforesaid That then it shall and may be lawfull to and for the said T.F. and his Assigns into the said Brewhouse with all edifices and buildings to the same belonging and into the said several parts and parcels of Land above specified and into all singular other the premises whatsoever with all and singular the appurtenances in the above-recited Indenture mentioned contained and by the same given granted bargained and sold and every part and parcel thereof to enter and the same to have hold and enjoy unto the said T. F. his Heirs and Assigns unto the only and proper use and behoof of him the said T.F. his Heirs and Assigns for ever And that immediately from and after such default of payment of the said Annuity or yearly rent of 10 l. by the space of 30 days next after the time and day of payment And that after such default in payment as aforesaid all persons seized of the land shall stand seised to the use of the Grantee his Heirs Assigns for ever in which the same ought to be paid as aforesaid as well the said B.F. his Heirs and Assigns as all other person or persons whatsoever which now are or at the time of default in payment or at any time hereafter shall be seized of and in the said Brewhouse with all the edifices thereunto belonging and of and in the said several parts or parcels of land above-recited and of and in all and every other the said premises whatsoever with all and singular the appurtenances in the said recited Indenture specified and contained shall stand and be seized of and in the same to the only use and behoof of him the said T. F. his Heirs and Assigns for ever and to no other use or uses intent and purports whatsoever Proviso that if the grantor do pay 60 l. at such a day that then this Grant shall be â—oid Provided always that if the said B. F. his Heirs or Assigns or any of them do content satisfie and pay or cause to be well truly contented satisfied and paid unto the said T. F. his Heirs and Assigns the entire sum of 60 l. of current English money at or upon the second day of May which shall be in the year of our Lord according to the computation of the Church of England c. at or in the South porch of the Parish Church oâ— S. aforesaid That then and from thenceforth as well the said Annuity or Annual rent of 10 l. as also all and every other action clause condition and agreement in these present Indentures specified and contained shall be utterly void frustrate and of none effect Covenant that tâ—e grantor was lawfully seized of the premises out of which c. of a good estate in law in see-simple and determined in Law to all intents constructions and purposes any thing before specified to the contrary notwithstanding And the said B. F. doth for him his Heirs Executors Administrators and Assigns covenant and grant to and with the said T. F. his Heirs and Assigns that the said B. F. is at the time of the ensealing and delivery of these presents lawfully seised of and in the premises out of which the said Annuity or Annual rent is granted as aforesaid and every part and parcel thereof And that the premises out of which c. are so shall continue acquitted discharged of all charges incumbrances c. of a good sure and perfect estate in Law in Fee-simple And that the said Brewhouse edifices buildings lands Tenements Hereditaments and all other the premises out of which the said Annuity or Annual rent is granted and every part and parcel thereof at the time of the date hereof and at the time of the ensealing and delivery of these presents are and so shall be and continue acquitted discharged and otherwise sufficiently saved harmless of and from all and all manner of charges and incumbrances Covenant that the granter hath not don nor will not do any act or thing wherby to frustrate this grant whereby the Annuity or Annual rent granted unto the said T. F. as aforesaid may or shall be frustrate overthrown or by any way or means whatsoever determined And the said B. F. doth further for him his Executors Administrators and Assigns covenant and grant to and with the said T. F. his Heirs Executors Aministrators and Assigns That he the said B. F. hath not heretofore committed or done or will hereafter commit or do any act or acts thing or things whatsoever whereby the said Annuity or Annual rent granted unto the said T. F. as aforesaid shall or may be by any way or means impeached And that the granter will pay or cause to be paid this rent according as it is before granted frustrated or determined And also that he the said B. F. his Heirs
Bond or other Specialty in the which the said M. W. solely or joyntly with the other stands bound unto me the said R.G. and all other controversies and debates whatsoever which I the said R. G. my Executors Administrators and Assigns have may might or shall have for any cause or matter whatsoever from the beginning of the word untill the present day of the date of these presents In witnesse whereof I the said R. G. my hand and seal hereunto have put Dated the fourteenth day of Ianuary c. ¶ An Indenture of Covenants to stand seised to uses in consideration of natural affection c. THis INDENTURE made c. Between T. B. of S. in the County of K. Yeoman of th' one part and I. B. of S. aforesaid Yeoman one of the Sons of the said T. B. on the other part Witnesseth That whereas the said T. B. is lawfully seized in his demean as of Fee of and in one principal Mansion or messuage with the appurtenances commonly called known by the name of little A. or by whatsoever other name or names the same is or at any time heretofore hath been called or known by together with all and singular Buildings Barnes Stables Outhouses Lodges Orchards Yards Gardens and all other profits commodities and easements to the said mansion or messuage belonging or appertaining and also of and in 19 peeces or parcels of Land Meadow Pasture and Wood-ground with th' appurtenances containing in the whole by estimation 60 acres of Land Meadow Pasture and Wood-ground with th' appurtenances whether more or lesse situate lying and being in the said Parish of S. in said County of K. upon the Demeans of A. and L. and which now are or late were in the several tenures and occupations of the T. H. and N. W. their or either of their Assignee or Assignees and the said premises do bound and abutt in manner and form following that is to say to the Queens high-street leading between N. and S. towards the North to the lands which were sometimes one I. P. and now of R. L. Gentleman and to certain other Lands of the said T. B. towards the West towards the Lands of T.S. South and to other lands of the said T. B. towards the East South and North as the metes and bounds thereof do divide mete and shew Now the said T.B. for and in consideration of the natural love and affection which he the said T. B. hath and beareth unto his said Son I. B. and for the advancement and maintenance of him the said I. B. and preferment to his Heirs and also for the establishment and setling of the said Messuage Lands and Tenements and other Hereditaments in these presents before specified and contained according to the true intent and meaning of him the said T.B. and for divers other effectual and motive considerations him the said T. B. the Father towards his said Son especially moving and inciting doth for him his Heirs and Assigns and every of them covenant grant conclude and agree to and with the said I.B. his Heirs and Assigns that he the said T.B. his Heirs and Assigns and every other the person or persons which now or at any time hereafter shall be seized of and in the said Mansion or Messuage with the appurtenances and of and in all and singular Lands Tenements Meadows Pastures Wood-grounds and all and every other the premises before mentioned with all and every their appurtenances and of and in every part and parcel therof of in the reversion and reversions remainder and remainders thereof and every part and parcel thereof shall stand and be seized to the uses intents and purposes hereafter limited and appointed and to no other use intent and purpose whatsoever that is to say to the use and behoof of him the said T. B. during the term of his natural life and after the decease of him the said T. B. to the use and behoof of the said I. B. his Heirs and Assigns for ever Covenant that all conveyances made or to be made shall be to the uses in these Indentures expressed and to no other use or intent And it is fully covenanted granted concluded and agreed upon by and between the said parties to these presents and every of them and the said T. B. doth for him his Heirs Executors and Assigns covenant grant and agree to and with the said I. B. that all and singular Fines Recoveries Feoffments Alienations Conveyances and all other Conveyances and Assurances whatsoever of the said premises with the appurtenances and every part and parcel thereof now and at all times hereafter to be made shall be and inure and are by these presents appointed limited declared to be and inure to such use and uses as are by these presents before limited appointed and declared and to no other use or uses intent or intents whatsoever In witness whereof the parties above-named to these present Indentures their hands and Seals interchangably have put the day and year first above-written Anno. Dom. c. ¶ An Obligation conditioned for the release of an Annuity Neverint universi per praesentes nos c. THe Condition of the within written Obligation is such That whereas the within bounden I. H. and W. A. have by their release bearing date with these presents remised and released unto the within named R. S. a certain Annuity or yearly rent of Thirteen shillings and fourpence yearly issuing or going out of two pieces or parcels of land of the said R. S. conteining by estimation 4 acres situate lying and being in R. aforesaid as by the said Deed more at large appeareth If therefore the said R. S. his Heirs and Assigns shall or may from time to time and at all times hereafter have hold and enjoy the said two pieces and parcels of land ou◠of which the said Annuity or yearly rent of Thirteen shillings and four pence is issuing as aforesaid acquitted and discharged of the said Annuity or yearly rent without and lawfull let interruption expulsion or eviction of them the said I. H. and of M. now his Wife and of the said W.A. and of A. now his Wife and without any lawfull let interruption expulsion or eviction of the Heirs or Assigns of them the said M. and A. and of all other person or persons claiming in by from or under them the said I.H. and M. his Wife and by the said W. A. and A. his Wife or in or by from or under any of them and the Heirs or Assigns of them or any of them That then this present Obligation to be void frustrate and of none effect Or else to stand be and remain in his full force power strength and vertue ¶ An Indenture of sale of Woods with a proviso of Redemption THis INDENTURE made c. Between I. W. of B. in the County of K. Yeoman of th' one part and P. F. of B. in the said County of K. of th' other part
to be done any act touching the administratiō of the goods except c. which already is or at any time or times hereafter shall or may accrue come belong or of right appertain unto the said Executors or either of them as Executors of the said Will and Testament And further that he the said T. B. his Executors Administrators or Assigns shall or lawfully may from time to time and at all times hereafter without any eviction let or disturbance of the said A. S. her Executors Administrators or Assigns or of any other person or persons clayming by from or under her make do execute and commit or cause to be made done executed or committed all and every matter and thing act and acts whatsoever touching the administration of all or any of the goods and chattels except the goods and things as are before exepted to all intents and purposes Covenant by the Grantee to keep the Grantor his goods lands c. indemnified from all bargains debts duties c. wherewith she is chargeable as Executrix and in every respect as shee the said A. might have done if this present grant had never been had or made And the said T.B. for him his Heirs c. doth Covenant and grant to and with her the said A. S. her Executors c. that he the said T. B. his Heirs c. shall and will from time to time and at all times hereafter well and sufficiently save and keep harmlesse and indemnified the said A. S. her Executors and Administators and also her and their goods and chattels lands and tenements of and from all and all manner of Legacies Debts Duties Sutes Actions Incumbrances and Deeds whatsoever wherewith or whereby she the said A.S. her Executors Administrators or Assigns or either of them shall or may be at any time or times hereafter either solely or joyntly together with any other person or persons arrested impleaded charged damnified or incumbred as Executor or Executors of the said Will or by reason of the said Will or for or by reason of any debts bargains or other things in the said Will contained In witnesse whereof c. A Lease of a Messuage with certain Lands Woods and Mynes thereto appertaining and also a power of Fishing upon the said ground together with power to coal the Wood upon the ground THis INDENTVRE made c. Between R.C. c. of th' one part and G.G. of th' other part Witnesseth that the said R.C. for divers good considerations c. hath demised all that his Messuage c. with the appurtenancess called and known by the name of c. And all his Lands c. lying and being in W. aforesaid to the Messuage c. called B. appertaining or as parcel thereof usually occupied containing in all by estimation c whether more or lesse which lieth boundeth and butteth as fooloweth viz c. all and singular the Woods Underwoods and Trees now standing growing or lying or which at any time during the said term shall grow or be in or upon the premises by these presents demised or any part thereof And all and singular the Mines now growing or being in and upon the premises by these presetns demised on any part thereof Power to coal the wood to do other acts necessary for the same together with free liberty full license power and authority for him the said R. C. his Heirs and Assigns and for his and their Workmen Servants and Labourers from time and at all times during the said term at his their will pleasure to fell cut down cleave out cord and coal the said Woods Underwoods and Trees or any part thereof and earth dust cover and all other things necessary and expedient for the cōverting of the said Woods Underwoods and Trees or any part thereof Power to opē the mines to dig draw cast up c. Power with Cart carriages c. to carry away the Woods Cores c. into cole upon the said premises or upon any part thereof and to take and have Colliers Lodges upon the said premises from time to time during the said term at his and their will and pleasure to make and remove and the said Mines to open and the Mines therein from time to time during the said term in convenient places to digg draw and cast up lay and bestow upon the said premises or any part thereof and the said Woods Trees Coles and Mines or any part thereof from time to time and at all times during the said term at his their will and pleasure Lease of a Pond upon part of the premises with liberty to dig for the mending thereof all Fish and fishings in the said Pond with Wains Cart and Carriages from thence by necessary and convenient ways over and through the said premises or any part thereof to fetch and carry whither and to such place or places as to the said R.C. his Heirs or Assigns shall seem good and one Pond made upō part of the said premises and the banks bays and sluces thereunto belonging with liberty to digg earth and clay for the mending thereof and all Fish and Fishings in the said Pond And also all the fish now being or which at any time during the said term shall be in three Marl-pits hereafter expressed that is to say And also all the Fish fishing in 3 Marl-pits with liberty to come and go by any means to take the same c. together with free liberty and authority from time to time c. and at all times during the said term for him the said R.C. his Heirs and Assigns to come and go from the said Marl-pits or any part of them And the same pits or any part of them with Angles Engins or by sewing or letting out of the water or otherwise as to him or them shall seem good to fish To have c. the said Messuage or Tenement called B. the Lands Tenements Hereditaments and other the premises before by these presents demised with all and singular th' appurtenances unto the said G.G. and his Assigns for and during the natural life of the said G.G. Yielding c. during the said term at or in the now Manor-house of the said R. C. called C. Sit. c. unto the said R.C. and unto the heirs of his body lawfully begotten Reservatiō of a Rent upon a Lease for life to the Lesser the heirs of his body for default of such heirs to such persons to whom the reversion shall descend and for default of heirs of his body lawfully begotten to such person and persons their heirs and Assigns to whom the said premises before by these presents demised or the reversion or reversions remainder or remainders thereof shall after the death of the said R. without heir of his body lawfully begotten descend revert remain accrue or be c. of lawfull c. at two usual Feasts in the year that is
mending or new making of any houses or buildings upon the premises Covenant that the Lessor c. shall enjoy the liberties and other things excepted without interruption or any part thereof And the said G. G. for him his Heirs c. doth by these presents covenant and grant to with the said R. C. his Heirs c. in manner form following that is to say the he the said R. C. his Heirs or Assigns shall or may from time to time and at all times during the said term have use and enjoy all and singular such liberties and other things as are to them or either of them before in or by these presents mentioned to be * Note that there was an exception in the beginning which I left out excepted or reserved without any expulsion or disturbance of the said G.G. his Executors c. or any of them and that he the said G.G. his Executors c. shall or will from time to time at all times hereafter during the said term not only well and sufficiently repair maintain sustain and keep And that the Lessee shall not only well sufficiently repair c. the hedges ditches c. and so shall the at the end of the term leave up But also shall ridd scowr such a ditch or River and so shall leave it up at the end of the term all and singular the houses barns and buildings now builded or set or which at any time during the said term shall be builded or set upon the said demised premises or any part thereof And the hedges ditches fences and inclosures in upon and about the demised premises or any part thereof in and by all manner of necessary reparations and amendments and the said houses barns and buildings in and by all things well and sufficiently repaired and amended and the said hedges ditches fences inclosures well and sufficiently made and maintained in the end of the said term yield and leave up but also shall and will from time to time and all times during the said term when and as often as need shall require well and sufficiently ridd scowr and clense c. the said lands called the T. unto the said Mill called the C. Mill and such part of the said River or Stream as aforesaid well and suffiently ridded scowed and clensed shall during all the said term keep and maintain so sufficiently ridded scowred in the end of the said term shall yield leave up And further that the Lessee And further That he the said G. G. his Executors Administrators or Assigns nor any of them shall not any time hereafter during the said term shal not assign the premises to any person other thaÌ„ such person as shall be able to pay the Rent and maintain the premises according to the Covenant c. without license of the Lessor without licence of the said R. G. his Heirs or Assigns first had and obtained in writing demise grant let set or assign the said Messuage c. or any part thereof or all or any part of the said Lands and other the premises by these presents demised to any person or persons other than such person or persons as shall be sufficient and well able to pay and yield during the said term the said yearly Rent reserved and maintain and keep the houses c. according to the Covenant before in these presents expressed In Witnesse c. ¶ An assignment of the moity of the Lands which the Lessee hath with divers special Covenants THis INDENTVRE made c. Between R. S. c. of th' one part and I. T. c. of th' other part Winesseth That whereas the Right Honourable H. N. Knight Lord Abur did by Indent tripartite bearing date c. demise and to farm let the Manor and Farm of B. with th' appurtenances in the County aforesaid unto R. S. of c. and E. C. of c. and to their Assigns for and during the lives of G. G. I. S. I. C. and the longest liver of them reserving the old and accustomed Rent by vertue of which said Demise Lease the said Lessees R. S. and E. C. did stand and lawfully were seized of and in the premises to them and their Assigns for and during the lives of the said c. and the longest liver of them And where sithence the said R. S. and E. C. being so seized for good considerations them thereunto moving Did by Indenture tripartite Dated c. demise grant to farm let unto the said R. S. all that the c. demise grant to farm let unto the said R. S. all that the aforesaid Farm and Manor of B. with th' appurtenances and all those Messuages c. with th' appurtenances situate and being in B. aforesaid or elsewhere in the County aforesaid which they the said R. S. E. C. or either of them then had or might claim by vertue of the demise aforesaid The Pigeon house c. being parcel of the said Manor always reserved unto the said R. S. and E. C their Executors and Assigns during the said term Exception of a Pigeó house and ingress egress regress to the same as also into and from the Manor-house for tendring paying the Rent â—eserved by the first Lessor with liberty also to the said R. S. E. C. to their assigns to have free ingresse egresse and regresse from time to time and at all times as well into and from the said Pigeon house as also into and from the Manor-house of B. aforesaid for the tendring and paying there every half year yearly at the Feasts c. the Rent reserved by the aforesaid Lord upon the said Lease by him made unto the said R. S. and E. C. alwayes excepted and foreprized the said Mansion and other the premises with th' appurtenances â—except before excepted to be had and holden unto the said R. S. his Executors Administrators and Assigns from the Feast of c. last past before the Date of the said last recited Indenture for and during the term of c. from thence next ensuing to be fully compleat and ended Yielding c. therefore yearly during the said term unto the said R. S. E. C. and their Assigns the sum of c. that is to say at the Feasts of c. with clause of Reâ—entry for non-payment of the said Rent in the said last recited Indenture mentioned to be reserved And whereas the said R. S. hath in and by the said recited Indenture made divers and sundry Covenans Grants and Agreements to and with the said R. S. and E. C. their Executors and Assigns as by the said last recited Indenture more at large it doth may appear Now these presents witnesseth That the said R. S. for divers good causes and considerations him thereuto especially moving hath demised granted assigned set over unto the said Iâ—â— all his
term of years Estate Right Title and Interest which he hath yet to come and unexpired of and in the half or Moytie of the said Manor or Farm with th' appurtenances and all other the premises in or by the said last recited Indenture mentioned to be demised unto him the said R S. by the said R. S. and E. C. To have c. the said one half or Moytie of the said Manor Farm other the premises with all and singular their appurtenances unto the said I. T. his Executors Administrators Assigns from the c. for and during all the said term of years yet to come unexpired therein and so largely amply and fully to all intents and purposes as the said R. S. his Executors Administrators or Assigns or any of them might have holden and enjoyed the same if this present grant or assignment had never been made Yielding c. therefore yearly during the said term at or in the Mansion or Manor house of B. aforesaid unto him the said R. S. his Exec. Administrators or Assigns the sum of c. Provided alwayes Proviso that if the â—ent be not paid by the space of c. after any of the Feasts c. being demanded that then the Assignor may râ—enter c. c. that if the said rent or any part or parcel thereof shall happen to be behind and unpaid at the place aforesaid over or after any of the said Feasts or days of payment in which as aforesaid it ought or is limited to be paid by the space of c. being lawfully demanded at B. aforesaid by the said R. S. his Executors administrators or assigns That then it shall and may be lawfull to and for the said R. S. his Executors Administrators or Assigns into the said one half of the said Manor and other the premises before by these presents demised or granted to enter and the same to have again repossesse and enjoy as in his or their first and former estate any thing in these presents contained to the contrary notwithstanding Covenant by the Assignee during the time that he shall lawfully hold the premises to pay the rent reserved upon the assignment And the said I. T. for him his Executors Administrators and Assigns doth by these presents Covenant and grant to and with the said R. S. his Exec. Administ and Assigns That he the said I. T. his Executors c. shall and will during all the time that he or they shall or lawfully may have and hold the premises by these presents demised we all truly pay or cause to be truly paid unto the said R. S. his Executors Administrators or Assigns the said yearly rent of c. before by these presents mentioned to be reserved at such Daies Times and Places as the same is by these presents limited or ought to be paid according to the purport and true meaning of these presents And the said R. S for him his Exec. c. doth by these presents covenant and grant to and with the said I. T. his Executors Covenant by the Assignor to pay the rents c. upon the first assignment thereof to acquit the now Assignee c. c. in manner and form following that is to say That he the said R. S. his Executors c. shall and will from time to time and at all times during the said term according to the purport of the said recited Indenture unto him by the said R. S. and E. C. made well and truly pay discharge all such rents duties and payment as shall be due payable for the premises or any part thereof unto the said R. S. and E. C. or the Executors or Assigns of them or either of them and thereof shall from time to time and at all times clearly acquit and discharge the said I. T. his Executors Mutual Covenants that neither the assignor nor assignee will do any thing or leave any thing undon whereby to make void the Lease or whereby any of the Covenants shall be broken And that they at their equal charges will perform and keep all the covenants agreements in the last recited Indenture other than such which concern the payment of the rent which the assignor ought to pay in respect that he hath reserv'd a rent the reparations of the Mansion house c. And the said I. T. and R. S. and either of them doth by these presents for themselves their and either of their Executors c. severally Covenant and grant to and with th' other of them their c. in manner and form following that is to say That neither the said I. T. and R. S. their Executors c. nor any of them shall at any time or times during the said term make do execute or commit or willingly suffer to be done or leave undone or omitted any act or acts thing or things whatsoever whereby the said Lease for term of years made or granted unto the said R. S. by the said R. S. and E. C. shall be made void frustrate or defeasible or whereby any of the Covenants or agreements therein contained shall be broken or infringed and that they the said R. S. and I. T. their Executors c. at their equal and indifferent costs and charges shall and will from time to time and at all times during the said term by these presents demised or granted well and truly observe perform fullfill and keep all provisoes and agreements as are to be observed on the behalf of the said R. S. his Executors c. mentioned contained or specified in the said last recited Indenture made between the said R. S. and E. C. of th' one part and the said R. S. of th' other part according to the purport and true meaning of the said Indenture other than such Covenants grants and reservations as are thereby made for the payment of the said yearly rent of c. and the reparations of the said Mansion house which said rent of c. is to be paid only by the said R. S. in respect of the rent to him by these presents reserved And the said Mansion house is to be repaired by the said R. S. his Executors Administrators and Assignes during the said term Which Rent to pay and reparations to do he the said R. S. doth by these presents Which Rent the assignor doth covenant to pay also to repair the house for that it is agreed betweé them that the assignor shall dwell therein during the term for him his Executors c. Covenant and grant to and with the said I. T. his Exec. c. to pay perform and do in respect and consideration that it is agreed between the said parties that the said R. S. shall or may there dwell and inhabit in the said Mansion house solely during the said term And the said I. T. and R. S. do and either of them doth for themselves and for the Executors c.
to say c. by even portions to be paid And if it shall happen the said yearly rent of c. A power of teentry for non-payment of rent lawfully demanded or any part or parcel thereof to be behind and unpaid in part or in all by the space of c. over or after any of the said Feasts or days of payment in which as aforesaid it ought or is limited to be paid being lawfully demanded that then and from thenceforth it shall and may be lawful to and for the said H.P. his Heirs or Assigns into all and singular the said dwelling houses lands tenements and hereditaments and other the premises before mentioned to be demised and in every part thereof to reenter the same to have again repossesse and enjoy as in his or their first and former estate and estates Covenant that the Lessor will repair the house with needfull reparations and the hedges ditches c. and so repaired will leave them at the end of the term any thing before in these presents contained to the contrary therof in any wise notwithstanding And the said I. M. doth by these presents for him his Executors c. covenant and grant to with the said H.P. his Heirs c. in manner c form following that is to say that he the said I.M. his Heirs c. shall and will from time to time and at all times during the said term at his and their own proper cost charges well and sufficiently repair sustain maintain and keep the said Manor house and other buildings and hedges ditches fences and inclosures in upon and about the demised premises and every part and parcel thereof in and by all needfull and necessary reparations Covenant that the Lessee will provide or cause to be provided dinners for the Lessors c. Steward c. when any Court shall be holden as also horse meat Stable room for their horses and amendments and the said Mansion house and other buildings well and sufficiently repaired and amended and the hedges ditches fences and inclosures well and sufficiently made and maintained in the end and expiration of the said term shall yeeld and leave up And further that he the said I.M. his Heirs c. shall will from time c. provide find or cause to be provided and found at his and their own proper costs and charges the dinners for the said H.P. his Heirs or Assigns and for his their Steward and other Officers when and as often as there shall be any Court or Courts holden or kept for the said Manor and also good and sufficient horsemeat and stable room for his and their horses Covenant that the Lessee will at his proper costs maintain the marks fences and inclosures of the land of the Lessor therefore paying c. when and as often as the said Court shall be there holden And further that he the said I. M. his Executors c. shall and will at his and their own proper costs and charges well and sufficiently make maintain and keep or cause to be maintained and kept all such markes fences and inclosures of the said demised premises which shall or be against all or any of the said Lands Tenements or Hereditaments of the said H.P. now in the occupation of the said H.P. his Executors or Assignes paying or allowing therefore yearly unto the said I. M. his Executors or Assigns c. of good c. Provided always that if the said I.M. A Proviso that the Lessee shall not assign without licence of the Lessor c. in writing first had and if he doth that the Lessor c. shall and may seenter c. his Executors c. or any of them shall at any time or times hereafter during the said term demise grant assigne or set over or cause to be demised granted assigned or set over all or any part of the said Lands Tenements Hereditaments and other the Premises before mentioned to be demised or vesture or herbage thereof to any person or persons whatsoever without licence of the said H.P. his Heirs or Assignes thereunto in writing first had and obtained That then and from thenceforth it shall and may be lawfull to and for the said H. his Heirs and Assigns into all and singular the lands c and other the premises before by these presents mentioned to be demised and into every part and parcel thereof to Reenter and the same to have again as in his or their former estate any thing before in these presents contained to the contrary thereof notwistanding And the said H.P. for him his Heirs c. doth by these presents Covenant and grant Covenant that the Lessor c. at his proper costs shall within c. after request assign timber for reparations and new making of c. if need be As also that the Lessor after like request shall yearly assign sufficient fireboot c. and that it shall be lawfull for the Lessee c. to cut down work out and carry away the same to be imployed about the said uses and not otherwise without paying or accompt render for the same And in default of Assignment after request to take without assignment to and with the said I. M. his Heirs c. in manner and form following that is to say That he the said H. P. his Heirs and Assignes shall and will c. during the said term at his and their own proper costs and charges within c. next after request to him or them by the said I. M. his Executors Administrators or Assigns to be made not only assign and appoint unto him or them such and so much timber growing or being upon some part of the said demised premises as shall be sufficient convenient for the repairing maintaining amending or new making if need shall require of the said Mansion-house or other buildings before by these presents demised But also shall likewise yearly during the said Term within c. next after like request to him or them by the said T. M. to be made at his and their like costs and charges assign or appoint unto him or them upon the said premises sufficient and convenient fewell and fire-boot gate-boot wain-boot Cart-boot and plough-boot to be expended or spent upon the said premises by these presents mentioned to be demised and notelsewhere which said timber fewell and fire-boot gate-boot wain-boot cart-boot and plough-boot so assigned or appointed it shall and may be lawfull to and for the said I. M. his Executors c. or for his and their servants and workmen or any of them from time to time and at all times during the said term to fell cut down and work out and the same with their Waynes and Carriages to carry away and imploy about the said reparations buildings fewell and fire-boot gate-boot wayn-boot cart-boot and plough-boot and not otherwise without any let or disturbance of the said H. P. his
the said F. or his Assigns if he shall be then living or to the said E. F. his Heirs c. it he the said F. shall be then dead at or in the Iron Forge the sum of c. at one whole and entire payment And if and as often as the said H. and M. or their Executors c. shall make default in payment of any of the said several payments in form aforesaid covenanted to be paid that then the said H. and M. their Executors c. covenant grant and agree to forfeit and pay unto the said F. F. if he shall be then living or to the said E. his Heirs c. if the said F. shall be then dead for every such default c. in the name of a pein and the said F. and E. doe and either of them doth by these presents for them and either of them and for the Heirs c of them and either of them further covenant promise and grant to and with the said H. and M. their Executors c. and every of them that they the said F. and E. their Heirs c. shall and will during the continuance of this present Lease save defend and keep harmlesse the said H. and M. their Heirs c. and every of them of from and against all outrage spoyl and hurt hereafter to be done or done by any the people in the Country or others in willfull burning or destruction of any the said Iron or workforge or Iron Mill Cole-pits or Cole heaps houses or Cabyns Convenant that the Lessees shall take timber for repairing or making of the furnace c. or other buildings built for the use aforesaid which already are or at any time hereafter during the said term shall be erected builded or made in or upon the said premises or any part thereof in cutting pulling or breaking up of any of the said Ponds or Pond heaps which are now or at any time hereafter shall be made for the use of the said furnace forge or Hammmer Mill during the term aforesaid and the said F. and E. doe and the Heirs c. of them and either of them doth covenant and grant to with the said H. and M. their Executors c. that it shall and may be lawfull to and for the said H. and M. their Executors c. during the continuance of this present Lease to take upon the lands of the said F. and E. or either of them or the Heirs c. of them or either of them sufficient competent and necessary timber for the repayring making or amending of the said Furnace Covenant that if such persons shall judge the Iron works worth so much yearly besides the Rent aforesaid reasonable gains allowed and shall set down in writing that the Lessees shall pay so much that then they will pay the said sum besides the Rent Hammer Mill or Iron work or any other necessary buildings or edifices which shall be erected or built in or upon the premises for the necessary use or uses aforesaid And it is further covenanted concluded and agreed by and between the parties to these presents And the said H. and M. do and either of them doth by these presents for them and either of them their Executors c. Covenant and grant to and with the said F. and E. their Executors c. and every of them that if R. C. and R. L. of c. shall within c. next after the Feast of c. find cause to judge or shall think in their Consciences that the said Iron works shall be worth yearly the sum of c. and besides the yearly Rent before mentioned with reasonable gains to be allowed to the said H. and M. their Executors c. for their travell and the use of their stock in this behalf and they the said R. C. and R. L. thereupon do within the said c. conclude agree and set down in writing under their hands and Seals that the said H. and M. their Executors c. shall pay yearly during the residue of the years then to come the said sum of c. or any part thereof that then they the said H. and M. their Excecutors c. shall and will from thenceforth yearly satisfie and pay unto the said F. and E. over above and besides the yearly rent and payment before reserved the sum of c. Or so much thereof as the said R. L. and R. C. shall set down in writing under their Hands and Seals as aforesaid Covenant that the Lessors during c. will not alien the woods to any person but Lessees but to leave them for the Iron works Woods necessary to be imployed about the Mansion house of one of the Lessors excepted And it is also covenanted granted concluded and agreed by and between all and every the said parties and they the said F. and E. and either of them doth for them Covenant and grant to and with the said H. and M. their Executors c. and every of them that neither they the said F. and E. nor either of them nor the Heirs c. of them or either of them shall or will at at any time or times hereafter during the continuance of this present Lease sell grant convey or alien away any of the woods fit for the making Cord-wood standing growing or being within two miles of the said Iron-works or any of them to any person or persons other then to the said H. and M. their Executors c But shall leave the same woods to remain serve and be imployed in upon or for the use of the said Iron works woods necessary to be imployed in or upon the new Mansion house of the said F. only excepted And the said F. and E. doe and either of them doth for them and either of them The usual Covenant that the Lessors are seised in fee and have full power to demise the premises and for the Heirs c. of them and either of them Convenant promise and grant to and with the said H. and M. their and either of their Executors c. and every of them that they the said F. and E. are or one of them is lawfully seised in their demean as of Fee of all and singular the Lands Woods and Wood-grounds called H. C. and of the said streams and parcels of Land and ground where the said Furnace or Forge are situate and being and also of the said Furnace Forge and other buildings thereunto belonging or appertaining and before by these presents demised And that they the said F. and E. have or one of them hath good right full power and lawfull authority to demise let and grant all and singular the premises before mentioned to be demised letten or granted in manner and form aforesaid Here follows the usual Covenant of quiet and peaceable enjoyment of the things demised as also the Covenant of discharging or saving harmlesse the same from all former conveyances
last Will and Testament specified and conteined Limitation of uses to the Executor as aforesaid and for to discharge such charges as the said Executors hath or shall sustein or be put unto in or about the same and in or about the last Will and Testament of I. G. deceased for during and untill the Debts and Legacies of the said E. G. be fully paid discharged and also until he the said Executor his Executors and Assigns shall have had levyed and received all and every such charges and expences whatsoever as he shall have layed out disbursed or be put unto in or about the last Will and Testament of the said E. G. and in or about the last Will and Testament of I. G. deceased which he the said Executor shall not by the last Will of the said I. be allowed and afterward to the use of G. H. Son of the said Executor his Heirs and Assignes for ever Proviso that the cestuy que use shall pay so much yearly to the Vicar and Churchwardens of certain Parishes for the relief of the poor and impoâ—ent in the said Parishes and that they shall distrubute it at such a time and after the decease of the laid E. G. as aforesaid then of and in all that Tenement or Lodge together with c. of land with the appurtenances containing in the whole by estimation c. whether more or lesse to the said Tenement or Lodge belonging or appertaining The which the said E. G. had and purchased to him and his Heirs of one I. G. of S. aforesaid deceased and is now in the tenure and occupation of I. A. or his Assignee or Assignees are situate and being in R. aforesaid to the use and behoof of F. G. Son of I. S. late of R. aforesaid deceased his Heirs and Assignes for ever Provided always that he the said F. G. his Heirs and Assigns shall and do yearly after the decease of the said E. G. at or upon the Feast of c. for and toward the relief maintenance and sustenance of the poor aged and impotent people within the Parishes of B. and R. aforesaid content and pay or cause to be contented and paid unto the Vicar and Church-wardens of the said Parish of B. or unto any of them for the time being and unto their successors for ever at or in the Parish Church of B. aforesaid the sum of c. of c. And unto the Vicar and Churchwardens of the Parish of R. aforesaid for the time being or unto any of them and unto their successors for ever at or in the Parish Church of R. aforesaid the sum of c. of c. The first payment of the said several sums to begin at and upon the next Feast of c. which shall first happen after the decease of the said E.G. to the end intent the Vicar and Churchwardens of the said several Parishes shall yearly at and upon the feast of c. or at and upon the Lords day then next and immediatly following the same distribute or cause to be distributed the said several sums unto the poor and impotent people inhabiting within the said several Parishes And if the said F. G. his Heirs and Assigns doe not content and pay o cause to be contented and paid And if the cestuy que use shall fail of payment that then the cestuy que use c. shall forfeit so much nomine poenae the said several sums of c. according to the true intent and meaning of the last proviso in these presents contained then he the said F. G. his Heir and Assigns shall forfeit unto the Vicar and Churchwardens of every of the said Parishes of B. and R. and their successors for the time being severally where any such default shall happen to be the several sums of c. nomine poenae for every such default and so often as the same shall happen and shall not incur any other penalty or forfeiture by implyed condition limitation Covenant that in the default of payment of the said sums the cestuy que use shall stand seised to the use of the Vicar and Church-wardens until that they have levyed the sums with the nomine poeâ—ae or any other thing in these presents contained And it is covenanted granted condescended and agreed by and between the said parties to these presents and every of them their and every of their Heirs and Assigns and the true intent and meaning of all and every Feoffment and other coveyance of the last recited premises made shall be deemed and esteemed and taken to be That the said W. I. R. S. P. M. and P. H. and the survivor of them their Heirs and Assigns shall upon default of payment by the said F. G. his Heirs or Assigns of the said several sums of c. contrary to the purport intent and true meaning of the Proviso before by these presents specified by the which the sevâ—â—â—â—â—ams are appointed and limited to be paid stand and â—â—seised of the said last recited premises unto the use and behoof of the said Vicar and Churchwardens of every of the said Parishes of B. and R. for the time being until that they for the several defaults unto every of them made shall have severally had levyed and received as well the said several sums of c. before by these presents appointed to them to be paid with all and every their Arrearages thereof As also the said several penalties of c. nomine poenae for every default by the said F. G. his Heirs and Assigns made And lastly after the decease of the said E. G. aforesaid then of and in all that barn and land with the appurtenances commonly called and known by the name of F. and M. or by whatsoever other name the same is called and known containing by estimation c. more or lesse in the tenure and occupation of one G. G. or of his Assignee or Assignees lying and being in the Parish of R. aforesaid And also of and in that one messuage or tenement with the appurtenances commonly called or known by the name of G. or by whatsoever other name or names the same is called or known by together with 20 acres of land meadow pasture and wood whether more or lesse to the said messuage or tenement belonging and to the same had occupied and enjoyed now in the tenure and occupation of S. G. or of his Assignee or Assignees situate lying and being in B. aforesaid to the use and behoof of E. H. of C. aforesaid Gent. his Executors and Assigns for and towards the payment of the Debts of the said E. G. and satisfying of his Legacies in his last Will and Testament specified and conteined and for discharge of such charges as the said Executor hath or shall sustein or be put unto in or about the same Limitation of uses to one his Executors as aforesaid to wards the pament of Debts c as
aforesaid and in or about the last Will and Testament of E. G deceased for during and until the Debts and Legacies of the said E. G. be fully paid and disharged and also untill he the said Excecutor his Excecutors and Assigns shall have had levied and received all and every such discharges and expences whatsoever as he shall have laid out disbursed or be put unto in 〈◊〉 about the last Will and Testament of the said E. F. and in oâ—◠〈◊〉 the last Will and Testament of the said I. G. deceased which 〈◊〉 said Executors shall not by the last Will and Testament of the said I. be allowed and afterward to the use and behoof of I. G. Son of I. G. of R. aforesaid his Heiâ—â— and Assigns for ever A Proviso or power of Revocation upon tender of c. Provided alwayes and it is covenanted condescended concluded and agreed upon by and berwees the parties to the these presents and every of them their Heirs and Assigns and every of them That if it fortune the above-named E. G. to have any issue of his body lawfully begotten that then upon the payment and tender of c. of c. unto then the said W.I. R.S. P.M. and P. H. or unto any of them their Heirs and Assigns or any of them at or in the South porch of the Parish Church of 〈◊〉 aforesaid this present Indenture and all clauses agreements limitations of use and uses and all and every other article whatsoever in the same conteined and all Feoffments and other conveyances and assurances is performance of these presents made or execured the limitation of the use and uses of the said Land called and known by the name of B. land and also the limitation of the use and uses of the said Land called K. and all the clauses articles and agreements in these presents conteined for and in any fort concerning the said Land always excepted and foreprized shall be utterly void determined and to none other effect or purpose and that then and immediatly after all the said Messuages Lands Tenements Hereditaments and all other the premises whatsoever in these presents mentioned with all every other the appurtenances shall be and remain unto the said E.G. his Heirs and Assigns for ever in such manner and form as though these present Indentures and all other conveyances and assurances upon the same executed had never been had nor made In witness whereof c. An Indenture of Covenants upon a Marriage THIS INDENTURE Tripartite c. Between W. P. of c. of th' one part I. B. of c. on the second part and I. H. of c. and I. S. of c. on the third part Witnesseth That whereas there is a Marriage by the grace of God in short time to be had and solemnized between the said I. B. party to these presents on the one part and E. P. Daughter of the above-named W. P. on th' other part It is therefore covenanted granted condescended concluded and agreed upon by and between the said parties to these presents and every of them in manner and form following that is to say First the said I. B. doth for himself his Heirs Executors Administrators Covenant promise grant and agree to and with the said W. P. his Executors and Administrators that he the said I. B. shall and will before the c. next and immediatly ensuing the date of these presents espouse and take to Wife the said E. P. Daughter of the said W. P. if she the said E. will thereunto assent consent and agree and the Laws of God and holy Church will it permit suffer And the said W.P. as well for and in consideration of the said Marriage so to be had and solemnized between the said I. B. and the said E. P. as aforesaid as also for the better establishing and settling of the Lands and Tenements hereafter mentioned to such uses and to such persons as hereafter they are limited and appointed and for divers other good and sufficient causes c. doth for himself his Heirs c. Covenant and grant Covenant by the Father of the Wife in consideration of the Marriage c. to infeoff c. certain persons to certain uses here expressed to with the said I. B. I. H. and I. S. their Executors and Administrators that he the said W. P. his Heirs and Assigns shall and will before the c. next and immediatly ensuing the date of these presents well and sufficiently by Eeoffment or other good and sufficient conveyance and assurance in the law assure and convey or cause to be assured and conveyed unto them the said I. H. and I. S. their Heirs and Assigns all and singular those his Messuages c. and the reversion and reversions remainder and remainders thereof and all other his hereditaments whatsoever together with their appurtenances at this present demise and let unto I. B. and R. N. and now in the tenure and occupation of them c. called and known by the name of c. containing in all by estimation c. set lying and being in the Parishes of c. in the said County of K. upon the demean of B. and the said premises do bound and butt in manner and form following that is to say c. And the said Land called B. in the occupation of R. N. bound and butt c. as the meets and bounds thereof doe every one divide and shew which the said Feoffment and other conveyance and assurance of the premises before mentioned to be made and every of them shall be and inure and shall be deemed adjudged esteemed and taken to be and inure And the said I. H. and I. S. and either of them and the survivor of them and either of them their Heirs and Assigns and all and every person and persons seised of the said premises and all and every part and parcel thereof with the appurtenances shall stand and be seised of the same and every part thereof to the uses intents and purposes hereafter in these other use intent or purpose whatsoever that is to say to the use and behoof of the said E. P. for and during the term of the natural life of the said E. And after the decease of the said E. P. to the use and behoof of the Heirs Males of the body of the said E. P. by the said I. B. lawfully begotten And for default of such issue to the use of the Heirs Females of the body of the said E. P. by the said I. B. lawfully begotten And for default of such issue to the Heirs Females of the said E. P. on her body lawfully begotten and for default of such issue then to the use of the said W. P. his Heirs and Assigns for ever Provided always and it is fully concluded and agreed upon by and between the parties to these presents and every of them their Heirs Executors Proviso that the câ—stuy que uses
shall pay such a rent yearly to the Father during his life and in default of payment so much nomine poenae and Assigns and every of them that as well the said I. B. and E. P. during the natural life of the said E. as also the Heirs Males and Females of the body of the said E. by the said I. B. or any other lawfully begotten and every other person and persons to whom the said premises by these presents are limitted and appointed shall yearly content and pay or cause to be well and truly contented and paid at or in the South-porch of the Parish Church of c. aforesaid unto the above named W. P. and his Assigns for and during the term of the natural life of the said W. P. one annual rent or sum of c. of c. the said annual rent or sum of c. to be yearly by even and equal portions paid at or upon the two most usual and accustomed feasts or days of payment in the year that is to say c. or within c. and the first payment to begin c. and if the said I. B. and E. P. during the life of the said E or of any of the Heirs Males or Females of the body of the said E. by the said I. B. or any other to be begotten and every other Person and Persons to whom the said premises by these presents are limited and appointed do not content and pay or cause to be paid the said annual rent or sum of c. unto him the said W. P. and his Assigns during the term of his natural life as aforesaid according to the true intent and meaning of the proviso in these presents before mentioned that then the said I. B. and E. during the life of the said E. and the Heirs of the Body of the said E. by the said I. B. begotten shall forfeit and every other person so making default unto the said W. P. and his Assigns during the natural life of the said W. shall forfeit the sum of c. nomine poenae for every default Covenant that in default of payment of the rent that the Feoffees shall stand seised to the use of the Feoffor until that he hath levied the rent penalty forfeited and so often as the same shall happen And it is Covenanted granted condescended and agreed by and between the said parties to these presents and every of them their and every of their Heirs and Assigns and the true intent and meaning of all and every Feoffment and other conveyance and assurance of the said premises made shall be deemed esteemed and taken to be that the said I. H. and I. S. and the survivor of them their Heirs and Assigns shall upon such default in payment of the said annual Rent or sum of c. contrary to the purport intent and true meaning of the Proviso before by these presents specified by the which the same is appointed and limited to be paid stand and be seized of the said recited premises with their appurtenances and every part and parcell thereof unto the use and behoof of him the said W. P. his Heirs and Assigns for during and until he the said W. and his Assigns shall have had levied and received as well the said annual rent of c. before by these presents appointed to him to be paid with all and every the arrerages thereof as also the said penalty of c. nomine poenae for every such default as aforesaid to be made Provided alwayes and it is concluded Proviso that if the Wife die without issue of her body to whom the uses were limited living her Husband that then her Father shal grant such a rent to the Husband for his life in default of payment that he shall forfeit so much nomine poenae c. by and between the parties to these presents and every of them that if it fortune the said E. P. during the life of the said I. B. to depart this mortal life without issue of her body lawfully begotten that then the said W. P. his Heirs and Assigns shall yearly content and pay or cause to be well and truly contented and paid at or in the South porch of the Parish Church of H. aforesaid unto the abovenamed I. B. and his Assigns one annual rent of sum of c. to be yearly by even and equal portions paid at or upon the two most usuall and accustomed Feasts or dayes of payment in the year that is to say c. or within c. next after c. and the first payment thereof to begin c which shall next and immediately ensue after the Decease of the said E. without any issue of her body lawfully begotten as aforesaid And if the said W. do not content and pay or cause to be contented and paid the said annual Rent or sum of c. unto him the said I. B. and his Assigns during the term of his natural life as aforesaid according to the true intent and meaning of the Proviso in these presents last before mentioned that then the said W. P. his Heirs and Assigns after the decease of the said E. without issue of her body lawfully begotten as aforesaid shall forfeit unto him the said I. B. and his Assigns during the natural life of the said I. the sum of c. nomine poenae for every default and so often as the same shall happen And it is covenanted granted condescended agreed by and between the said parties to these presents and every of them their and every of their Heirs and Assigns and the true intent and meaning of all and every Feoffment and other conveyance and assurance of the last recited premises made shall be deemed esteemed taken to be That the said I. H. and I. S. and the survivor of them their Heirs and Assigns shall upon such default of payment of the said annual rent or sum of Covenant that in default of payment of the Rent that the Feoffees shall stand seized to the use of the Husband until that he hath levied the rent penalty forfeited c. according to the purport intent and true meaning of the Proviso before by these presents specified by the which the same is appointed and limited to be paid stand and be seised of the said recited premises with their appurtenances and every part and parcel thereof unto the use and behoof of him the said I. R. his Heirs and Assigns during and until the said I. his Heirs and Assigns have had levied and received as well the said annual rent or sum c. afore by these presents appointed to him to be paid with all and every the arrerages thereof as also the said penalty of c. nomine poenae for every such default as aforesaid to be made Provided furthermore and it is fully condescended c. upon Proviso that if the wife die having issue male or female
these presents for us our Heirs Executors Administrators and Assigns remise release and quite claim unto E. M. of c. his Heirs Executors Administrators and Assigns all and all manner of Bills Bonds Obligations Debts Duties Arbitrements and Deeds whatsoever and all manner of Actions and Sutes which we the said R.S. and I.W. solely in our own names or joyntly with any others whosoever now at this present have depending or may or can have or by any way or means either solely for our-selves and to our own use or joyntly with any other are intituled unto against the said E. M. as Executors or Admin in or upon any Bill Bond or other specialty by him the said E. M. unto us the said R. S. and I. W. or either of us solely or joyntly with any other person or persons whatsoever â—t any time heretofore for any cause whatsoever made and also all other controversies and debates whatsoever which we the said R. S. and I. W. our Executors Administrators or Assigns have may might or can have against him the said E. M. his Executors or Assigns for any cause or matter whatsoever from the beginning of the world untill the day of the date of these presents In Witness whereof c. A Deed of Feoffment of uses conteined in certain Indentures TO all c. Know ye me the aforesaid E.G. as well to fulfill and perform certain covenants grants and agreements specified declared in certain Indentures of the date of these presents between me the aforesaid E.G. on the one part and of W.I. Rector of the Parish Church of B.R.S. or c. the aforesaid P.M. of R. and P.H. of B. in the County aforesaid Yeoman on the other part made as for divers other good Causes and considerations me to this especially moving have given granted delivered infeoffed and by this my present Writing confirmed unto the aforesaid W. I. R. S. P. M. and P. H. their Heirs and Assigns seven pieces or parcels c. with their appurtenances situate lying c. and commonly called or known by the name c. conteining in the whole by estimation c. whether more or lesse and also all these five pieces or parcels of Land c. with their appurtenances situate c. in the Parishes of B. and R. in the aforesaid County of K. and commonly called or known by the name of K. land or by what other name or names the same are called or known conteining in the whole by estimation c. be they more or lesse And also know ye that I the aforesaid I. G. for the consideration aforesaid have given and delivered c. to the aforesaid W. I. c. his Heirs and Assigns all that my old house called a Lodge and 8 pieces or parcels of Land c. with all the appurtenances to the same house called a Lodge adjoynng or belonging conteining in the whole by estimation c. more or lesse situate lying and being in the aforesaid Parish of R. in the aforesaid County of K. and now are in the tenure or occupation of G.A. of R. aforesaid or his Assigns to have and to hold the aforesaid old house and all and singular the aforesaid lands c. and other the premises whatsoever with all and singular their appurtenances unto the aforesaid W. I. R. S. P. M. and P. H. their Heirs and Assigns to the use behoof and intents in the aforesaid Indentures of the date of these presents between the aforesaid E. on the one part and the aforesaid W. R. P. and P. on the other part made mentioned and expressed and according to the true intent of the said Indenture and to none other use behoof or intent whatsoever In Witnesse c. An Indenture for assurance of Lands to charitable uses viz. erection of a School are relief of the poor THIS INIDENTURE c. Between E. G. of c. of the one part and W. I. Minister of B. aforesaid R. S. of the said Parish of B. P. M. of c. and P. H. of B. aforesaid c. on the other pat Witnesseth that for and in consideration of the good and prefect disposing establishing and setling of all and every the lands tenements woods reversion remainders and other the hereditaments of the said E G. with the appurtenances hereafter particularly mentioned and expressed to such good and charitable user intents and purposes as hereafter by these presents are limitted and appointed and to the end intent and purpose that the said good and charitable uses by these presents hereafter limitted and appointed and to the end intent and purpose that the said good and charitable uses by these presents hereafter limitted and appointed may be well and truly executed performed and fulfilled according to the true intent and meaning of the said E. G. Covenant to enfeoff or by other conveyances to assure certain lands go the uses following before such a time And for divers other good and sufficient c. It is covenanted c. by and between the said parties to these presents and every of them by these presents in manner and form following that is to say First he the said E. G. doth by these presents for him his Heirs Executors Administrators and Assigns and every of them covenant c. to and with the said W. I. c. and every of their Heirs Executors Administrators and Assigns that he the said E. G. before the Feast of c. by his sufficient deed of Feoffment or by any other conveyance and assurance sufficient in the Law shall and will well and sufficiently convey and assure or cause to be conveyed and assured unto them the said W. I. c. their Heirs and Assigns all and singular the lands c. and all and every other the Hereditaments with all and singular their appurtenances hereafter in these presents mentioned and set down That is to say c. expressing the several particulars The which the said E. G. had and purchased to him and his Heirs of one I. F. of S. deceased and are now in the tenure and occupation c. and are situate c. which said Feoffment and other the conveyance and assurance of the premises before mentioned to be made and every of them shall be and inure and shall be deemed adjudged esteemed and taken to be and inure and also the said W. I. c. or either of them and the survivor of them and either of them their Heirs and Assigns all and every person and persons seized of the said premises and all and every part and parcel thereof to the uses intents purposes hereafter in these presents expressed limitted and appointed and to no other use intent or purpose whatsoever that is to say to the use and behoof of the said E. G. for during the term of his natural life without impeachment for any manner of wast And after the decease of the said E. G. then of and in the aforesaid
c. with their appurtenances commonly called and known by the name of c. containing by estimation c. whether more or lesse in the tenure c. and of and in the aforesaid To the use of certain persons upon trust for a Freeschool to be after erected and if it be not erected within such a time then to other uses c. to the use and behoof of them the said W. I. c. the survivor of them their Heirs and Assigns to the end intent and purpose and upon special trust and confidence that they the said W. c. or the survivor or survivors of them their Heirs and Assigns shall and do immediatly after or upon the erection of a Free-school to be erected and set up within the Parish of B. aforesaid by their good and sufficient coveyance and assurance in the Law convey and assure the said-premises for and towards the maintenance of a Schoolmaster to teach in the said School his successors for ever The said Free-school to be called by the name of the Free-school of E. G. at B. and to be ruled and governed by such Orders Laws and Decrees as shall be by them the said W. R. P. and P. or the survivor or survivors of them set down and thought most meet and convenient and if there be not a convenient School-house for the said purpose built erected and set up in the Parish of B. within the space of c. next and immediatly c. Then the said W. I. c. the survivor and survivors of them their Heirs and Assigns and every of them and all and every other person and persons seized of the said last recited premises and every part and parcel thereof shall stand and be seized of and in the same to the use and behoof of R. G. Son of the said E. G. his Heirs and Assigns for ever And after the decease of the said E. G. as aforesaid then of and in all that the aforesaid Tenement or Lodge together with the aforesaid c. with th' appurtenances cont eining in the whole by estimation c. whether more or lesse to the said Tenement or Lodge belonging or appertaining sit and being in R. aforesaid to the use and behoof of F. G. of I.G. late of R. aforesaid deceased his Heirs and Assigns for ever Proviso that the cesiuy que use shall pay so much yearly to the Vicars of two Parishes severally their Successors for ever to the intents that the several Vicars the Churchwardens shall distribute the several sums to the poor of the several Parishes upō some day certain Provided alwayes that he the said F. G. his Heirs and Assigns shall and do yearly after the decease of the said E. G. at or upon the Feast of c. for and toward the relief maintemance and sustenance of the poor aged and impotent people within the Parishes of B. and R. aforesaid content and pay or cause to be contented and paid unto the Vicar of the said Parish of B. for the time being and unto his Successors for ever at or in the Parish Church of B. aforesaid the sum of c. And also unto the Vicar of the Parish of R. aforesaid for the time being c his Successors for ever at or in the said Parish Church of R. the like sum of c. the first payment of the said several sums to begin at and upon the next Feast of c. which shall first happen after the decease of the said E. G. to the end intent and purpose that the Vicar together with the Church-wardens of the said several Parishes of B. and R. end their Successors for ever for the time being or any two of them within their several Parishes shall yearly at and upon the said Feast of c. distribute or cause to be distributed the said several summes unto the poor and impotent people inhabiting within the said several Parishes And if the cestuy que use c. shall sail of payment then to forfeit so much nomine poenae to the Vicar where such default shall be And if the said F. G. his Heirs and Assigns doe not content and pay or cause to be paid the said several summes of c. according unto the true intent and meaning of the last Proviso in these presents contained Then he the said F. G. his Heirs and Assigns shall forfeit unto the Vicar of every the said Parishes of B. and R. and their Successors for the time being severally and respectively where any such default shall happen to be the several sums of c. nomine poenae for every default and so often as the same shall happen and shall not incur any other penalty or forfeiture by implied condition or limitation or any other thing in these presents contained and it is covenanted c. by and between the parties to these presents and every of them their and every of their Heirs and Assigns and the true intent and meaning of all and every Feoffment and other conveyance and assurance of the last recited premises made shall be deemed esteemed and taken to be and the said W. I. c. and the survivor and survivors of them their Heirs and Assigns shall upon default of payment of the said F. G. his Heirs and Assigns Covenant that in default of payment the Feosees or Trustees shall stand seized to to the use of the Vicar or Vicars where such default shall be untill that he or they have levyed the said several sums and peins thereupon forfeited of the said several sums of c. contrary to the purport intent and true meaning of the Prouiso before by these presents specified by the which the said several sums are appointed and limited to be paid stand and be seized of the said last recited premises unto the use and behoof of the said Vicar of every of the said Parishes of B. and R. and their Successors severally where any such default shall happen to be for during and untill they the said Vicars and their Successors of every the said Parishes of B. and R. for the time being for the several defaults unto every of them made shall have severally had levyed and received as well the said several summes of c. before by these presents appointed to them to he paid with all and every the arrerages thereof as also the said several penalties of c. nomine poenae for every default by the said F. G. his Heirs and Assigns made In Witnesse whereof c. The form of a perpetuity by will or a Proviso to restrain alienation c. PRovided always and my full mind and intent is that if the said F. G. or any of the Heirs males of his Body lawfully begotten to whom any estate or estates of and in the said messuages c. before mentioned or any part or parcel thereof doth accrue remain descend or come by any way or means whatsoever shall at any
their several ages according unto the last Will and Testament of their said Father It is in upon the consideration aforesaid and divers others covenanted granted and concluded upon between the said parties and every of them their heirs execut administrators and assigns in manner and form following And first the said E. G. and S. H. for and upon the consideration aforesaid and divers others them thereunto especially moving have given granted assigned and set over and doe by these presents for them their executors administrators and assigns give grant assign and set over unto the said T. R. all that Messuage c. and also the reversion and reversions remainder and remainders after the decease of A.G. Widdow late the wife of H. G. deceased and Dame G.P. now the wife of I. P. Knight and late the Wife of the said I. G. or after the decease of either of them and the estate and interest of them the said E. and S. of and in all and singular such Messuages c. called the c. as they the said A. G. and Dame G. P. or either of them by devise conveyance or assurance from H. G. I. G. or either of them have an estate in for term of their lives or the life of either of them the reversion An Assignment of an Annuity or Annual Rent or remainder thereof being by the last Will and Testament of the said I. G. devised and bequeathed unto them the said E. and S. And furthermore the said E. G. and S. H. do by these presents give grant assign and set over unto the said T. R. one Annuity or annual rent of c. issuing and going out of certain lands and tenements sometimes R.V. situate c. and all and singular arrerages of the said annuity or annual Rent And also the levying taking and receiving of all and singular the rents issues and profits of c. situate c. To have c. all and singular the said messuages c. issues revenues and profits and all and singular other the said premises with all and every their appurtenances unto him the said T. R. his executors administrators and assigns for and during the whole time that the said premises are by the said last Will Testament of the said I. G. devised bequeathed unto them the said E. and S. their executors and assigns and so long as and in as ample manner and form to all intents and purposes A grant of an annuity or annual rent until such a one shall come to the age of c. and if she die before her said age then until by computation she might have come to her said age if she had lived so long as they the said E. and S. or either of them their executors or assigns are by the last will and testament of the said I. G. to hold and enjoy the same And furthermore they the said E. G. and S. H. for and upon the consideration aforesaid have given granted and confirmed and do by these presents give grant and confirm unto the said I. R. one annuity or annual rent of c. of c. to be issuing and going out of the Rectory and Parsonage of M. and out of all and singular Messuages glebelands tithes pensions portions and all other Hereditaments whatsoever with all and every their appurtenances unto the said Rectory and parsonage belonging appertaining or with the same at this present or at any time heretofore had used occupied or enjoyed situate c. To have levy perceive receive take and yearly enjoy the said annuity or annual rent of c. unto the said T.R. his exec adm assig for during until E.G. one of the Daughters of the said I.G. shall or may accomplish the age of c. The usual Covenants if she so long live if she the said E. die before her said age of c. for during until so long as she the said E. if she had so long lived might by computation of time have accomplished her said age of c. at 2 usual Feasts and terms in the year that is to say c. and the first payment therof to begin at or on the Feast c A clause if the annu be behind to distrain A prov not to charge the persons of the Assig and that the Assignors put the Assignee in possession by delivery of 6d A clause that the Assignee peaceably enjoy the same without any disturbance or incumbrance whatsoever and also that they the said E G. and S H. their Executors Administrators and Assigns or one of them shall and will well and truly content satisfie and pay or cause c. unto K G. one of the Daughters of the said H. G. Covenant by the Assignors to pay certain legacies given to a certain person thereof to acquit and discharge or save harmâ—ess the Assignee all and all manner of such legacies gifts and bequeaths as are given and bequeathed unto her the said K. as well by the last will and testament of the said H.G. as also by the last will and testament of the said I. according unto the intent purport and true meaning of the said several last wils and testaments of them the said H. and I. and in such manner and form as the said legacies and bequeaths of them the said H. and I. are limitted and appointed to be paid and not otherwise and thereof and every part and parcel thereof shall acquit discharge or otherwise well and sufficiently save and keep harmlesse and indempnified the said T. R. his heirs executors administrators and assigns A clause that the Assignors Covenant to bring before any Judges all releases deeds wills Covenant by the Assignors to produce the evidences and deliver them to the Assignee the Inventory under their hands and seals to deliver unto him the said T. R. and also all the evidences touching any the Messuages c. which the Assignors have in their hands without sute in Law and the said Releases c. shall be redelivered unto the Assignors c. Now the said T. R. for and upon the consideration aforesaid and to the intent and purpose that the said E. and S. their and every of their executors and administrators may be secured and saved harmlesse of all matters things sutes actions incumbrances and deeds wherewith and whereby they or any of them may be charged and incumbred as being Executors of the last will and testament of the said I.G. and for divers other causes and considerations him thereunto specially moving doth by these presents for him Covenant by the Assignee to save harmless the Assignors from all accompts and charges wherwith the assignors are chargable by reason of the last will c. And from debts legacies his heirs execut administrators and assigns covenant c. in manner and form following that is to say c A clause that the Assignee shall at such times as the Assignors
that the premises during the minority of the said Ward are cleerly acquitted from all former bargains made by the said I.T. or by his procurement the rents grants covenants agreements expressed in the said recited Indenture always excepted and foreprized and that the Assignee shall quietly enjoy the premises without expulsion or interruption of any person or persons whatsoever from or under the Assignor And that the Assignor shall permit the Assignee to receive the profits c. and to enjoy the custody wardship and mariage profit and benefit of the said M. as the Assignor might or can be intituled c. And that the Assignor hath not heretofore don or committed Covenant that the assignee at his own charges shall defend the premises and his title therein against any prosecution against the Assignor in the name of the Assignor in such manner as the assignee shall direct the same being not contrary to the Law nor to the Covenants in the said recited Indeture and that the assignor upon request will do c. all lawful acts in and about the same as the Assignor shall direct or shall voluntarily or wittingly do or commit any act or acts release or releases that the assignee shall or may be barred to receive any benefit of all or any the said premises c. contrary to the true meaning of these presents and also that he the said I.T. his excecutors administrators and assigns upon any Bill of traverse and upon all and every sute and sutes to the hereafter prosecuted against him the said I. T. his exec admin and assigns for the impeaching and overthrowing the c. title in or to the said premises shall and will permit and suffer the said I. A. his executors and assigns in the name of him the said I.T. his executors and assigns and at the costs and charges of him the said I.A. his executors and assigns to maintain and defend the same suâ—e in such sort and manner as the said I.A. his excecutors or assigns shall direct and limit the same not being contrary or repugnant to the law nor the Covenants grants nor agrements mentioned in the said recited Indenture that he the said I.T. his excecutors assigns shall and will in convenient time after request and at the costs and charges in the law of the said I.A. his executors and assigns doe and execute and consent to the doing and executing of all and singular such lawfull act and acts thing and things in and about the same as the said I.A. his executors and assigns shall direct limit and appoint In witnesse whereof c. An Indenture of Grant and Covenant whereby one may discharge some part of land liable to a rent charge and not discharge the residue Notabenè THis Indenture c. Between I. S. of c. on the one part and S.H. of c. on the other part witnesseth That whereas T. G. the elder of c. and P. G Son and heir apparent of the said T. by their deed indented bearing date c. did give grant and confirm unto one G.A. of c. one annuity or annual rent of c. going forth and to be received of all their lands tenements and hereditaments with their appurtenances situate lying and being in c. or else wheresoever within the Commonwealth of England to be had held and yearly received to the said G.A. his heirs and assigns at two terms in the year that is to say c. And the first payment to begin upon the feast of c. next following after the date of the said Deed and that if the said annuity or annual Rent were behind and unpaid in part or in the whole after any of the said feasts in which the same was by the said Deed limiâ—ted and appointed to be paid that then and so often it should be lawfull to and for the said G.A. his heirs and assigns into all and singular the said lands tenements and hereditaments with their appurtenances and every part and parcel thereof to enter and distrain and the distresse there found to take carry away impound and detain until the said annuity or annual rent and the arrearages thereof if any were with the damages costs and charges by that means sustained were fully satisfied and paid unto the said G.A. his heirs and assigns as in and by the said Deed more at large it doth and may appear And whereas also the estate right title and interest of the said G.A. of in and to the said annuity or annual rent is by lawfull and good conveyance come conveyed and assured unto the said I.S. and his heirs Grant that if the Assignee of the rent shall take or cause to be taken any distresse for the Rent upon the Lands of S. who purchased parcel of the lands liable to the Rent that then the rent should cease and be void Now the said I.S. doth by these presents for him his heirs executors administrators and assigns grant unto the said S.H. his heirs executors administrators and assigns that if he the said I.S. his heirs executors administrators or assigns or any other person or persons claiming in by from or under him the said I. S. his heirs or assigns or by his or their consent assent or procurement shall or do at any time or times after the date of these presents distresse or take cause or procure to be taken any distresse or distresses for the said annuity or annual rent or for any part or parcel thereof or for any the arrerages of the same in any the lands tenements and hereditaments of the said S. H. which he the said S. hath heretofore purchased of the said T.G. and P.G. or either or any of them that then the said annuity or annual rent shall cease and be void in the Law to all intents constructions and purposes And the said I.S. doth further by these presents for him his heirs executors administrators and assigns promise and covenant to and with the said S.H. his heirs Covenant that neither the assignee nor any one claiming under him nor the first grantee or any one claiming under him or any other by his or their consent or pâ—ocurement shall take any distresse for the said rent upoÌ„ the lands of the said S. Covenant not to take any judgement for costs or damages or other advantage by retâ—â— â—abâ—nd or by nonsuâ—e or descent of any replevin now depending c. And that neither the Assignee nor any other by his assent wil prosecute any sute heretofore depending for any distress for the said rent executors and assigns that neither he the said I.S. his heirs executors or assigns or any other person or persons claiming in by from or under him the said I.S. his heirs or assigns nor by his or their commandment assent consent or procurement nor the heirs executors or assigns of the said G.A. nor any other person or persons claiming in by from or under the said G.A.
his heirs executors or assigns or by their or any of their assents consents or procurements shall nor will at any time or times after the date of these presents distresse or take or cause or procure to be taken any distresse or distresses for the said Annuity or Annual rent or for any part or parcel thereof or for any the arrerages of the same in any the lands tenements and hereditaments of the said S. H. which he the said S. hath heretofore purchased of the said P.G. and T.G. or either or any of them And further that he the the said I.S. his exec or assigns neither shall nor will take any judgement for any costs or damages or take any other advantage or benefit by returno habendo or by any other way or means whatsoever for any nonsute or discontent hereafter to be made of any replevin now depending at the site of I. H. Lessee of the said S. against the said I. S. or against any other person or persons whatsoever for any distresse or distresses heretofore for the said Annuity or Annual rent or any part or parcel thereof or any the arrerages of the same and also that neither he the said I S. his excecut or assigns nor any other person or persons by his assent consent or procurement shall or will from henceforth prosecute or cause to be prosecuted any Sute or Sutes heretofore commenced or depending for or about any distresse or distresses heretofore for the said Annuity or Annual rent or any part or parcel thereof or any the arrerages of the same taken In Witness whereof c. A Deed Poll of revocation of uses according to a Proviso by other Indentures as also a limitation of new uses TO all persons c. whereas by certain Indentures bearing date c. made between me the said E.G. of th' one part and W.I. Minister of B. aforesaid R.S. of the said Parish of B.P.M. of c. and P.H. of c. on the other part It was for the causes and considerations in the said Indenture specified covenanted granted concluded and agreed between the said parties to the said Indentures and every of them did covenant grant conclude and agree to and with the other of them their heirs executors and assigns by the said Indenture and amongst other things in manner and form as followeth that is to say First I the said E G. did by the same Indenture for me my heirs executors administrators and assigns and every of them covenant grant conclude and agree c. reciting the words in the Indenture specified In which Indenture there was also one proviso or condition specified and conteined in these words or to this effect as follows that is to say Provided always c. as in and by the said Indenture more plainly at large it doth and may appear And wheras also for the accomplishment and performance of the Covenants grants and agreements in the said recited Indenture conteined the said premises in the aforesaid recited Indenture specified were by one Deed indented purporting a Feoffment bearing date with the said recited Indenture conveyed and assured by me the said E.G. unto the said W.I.R.S. P.M. and P.H. and their heirs unto the uses intents and purposes in the said recited Indenture mentioned and expressed and according unto the true intent and meaning of the said recited Indent as in and by the said Deed it doth and may more plainly and at large appear Now know ye that for as much as the said F.G. Son of I.G. late of R.G. deceased being the party in the aforesaid recited Indenture meant intended and named hath reformed himself and that he the said F.G. hath one E. G. his Son being issue male of his body lawfully begotten at the time of the date and insealing delivery of these presents in full life I the said E. G. according unto the power and authority to me the said E.G. by the said recited Indenture and Proviso in the said recited Indent specified limited given and by vertue thereof have by this my present Deed in writing under my hand and seal and delivered according unto the purport of the Proviso aforesaid in the presence of two sufficient witnesses at the least changed altered revoked and do by these presents change alter and revoke absolutely in the whole the use and uses by the aforesaid recited Indenture unto the said G.H. and his heirs limited and appointed of all singular the said premises with th' appurtenances in the said recited Indent specified and of every part and parcel thereof And I the said E.G. do further by these presents in such and in as ample manner as by any proviso or power of alteration determination or revocation I lawfully may or can absolutely disannull determine and revoke all and singular former conveyance and conveyances assurance and assurances whatsoever heretofore of the said premises in the said recited Indenture specified made or executed and all and singular the use and uses by the said conveyances or any of them to any person or persons of any estate in Fee-simple Fee-tail or otherwise limited or appointed in such and in as ample manner as if the same assurance use or uses or any of them had never been had made or mentioned And furthermore know ye that I the said E.G. for divers good causes and considerations me thereunto especially moving do by these presents for me my heirs and assigns limit and appoint Limitation of new uses that the said W.I.R.S. c. their heirs and assigns and all and every other Feoffee or Feoffees of the said premises in the said recited Indenture specified and contained and all and every other person or persons seized of all or any my messuages c. with the appurtenances or any part thereof shall stand and be seised and that all and singular Feoffments and all and every other former assurance or assurances whatsoever thereof heretofore made shall be and inure and are by the presents declared to be meant and intended to be and inure unto the use and behoof of me the said E.G. mine heirs and assigns for ever any matter or thing in the said assurance contained to the contrary in any wise notwithstanding In Witnesse c. An Indenture by Baron and Feme to levy and limit the use of a fine of the Femes lands THIS INDENTURE c. Between I. G. of c. and I.G. Wife of him the said I. one of the Daughters and Co-heirs of R.B. late of c. deceased of the one part and I.D. of c. on the other part Witnesseth That it is convenanted granted concluded condiscended and fully agreed by and between the parties to these presents And the said I.C. and I. his wife for them their heirs executors administrators and assigns and every of them do by these presents covenant grant conclude condiscend and fully agree to and with the said I.D. his heirs executors administrators and assigns in manner and form
following that is to say that if the said I.G. and I. his wife shall and will on this side and before the feast of c. next ensuing the date of these presents before the Justices of the Court of Common Pleast at Westminster knowledge the Fine Sur cognizance de drt. comeceque il ad de lour done unto the said I.D. and his heirs with Proclamation according unto the form of the Statute in such case had and provided in due form of Law to be levied of all that the c. reciting the particulars and with the same words as in former Presidents for the like cases are mentioned In Witnesse whereof c. An acknowledgement of the receipt of certain moneys due upon the sale of certain lands and a release of the same and of all security taken therefore and a release of all Covenants in certain Indentures with a general release TO all persons c. Know ye that I the said A. have had and received the day of the date thereof of T. D. of c. the sum of c. in full discharge and satisfaction of all such sum sums of money as the said T.D. was to pay unto the said A. for the Manor or Capital messuage of W. in the said County of â— and the lands tenements hereditaments which the said T.D. lately had and purchased of me the said A. as by the assurance thereof made more at large appeareth And I the said A. do by these presents for me my heirs executors administrators and assigns remise release and quit claim unto the said T.D. his beirs executors and assigns the said debt of c. and every part and parcel thereof and all and singular Covenants Recognizances duties and deeds and all other security and assurances whatsoever by him the said T.D. unto me the said A. for the payment of the said sum of c. or for the payment of any part or parcel therof heretofore made acknowledged or given And I the said A. do further for me my heirs Release of Covenants in certain Indent executors administrators and assigns by these presents remise release and quite claim unto him the said T.D. his heirs executors administrators and assigns all and singular Covenants Grants Articles and Agreements on the part and behalf of him the said T.D. his heirs and assigns unto me the said A. mine heirs executors or assigns covenanted granted concluded or agreed upon Release of Râ—â—ogn specified and contained in certain Indentures made between the said T.D. on the one part me the said A. on the other part bearing date c. And also all Becogn of the sums of c. entred into by the said T.D. unto me the said A. and bearing date the c. And all and singular actions judgements executions sutes quarrels debates debts duties and demands whatsoever which I the said A. mine heirs executors and administrators have shall may or ought to have or am or shall be A geâ—eral Release in any sort intituled unto in upon or by reason of the said Recogn or of any covenant grant clause article or agreement in the said recited Indenture specified or contained And further also know ye that I the said A. have for the consideration aforesaid remised released and quite claimed and do by these presents for me my heirs execut administ and assig remise release and quite claim unto the said T.D. his heirs exec administrators and assigns all and all manner of actions entries covenants grants agreements Recogn Judgements executions sutes quarrels controversies debates debts duties and demands whatsoever which I the said A. my heirs executors administrators and assigns have may shall or ought to have or am or shall be intituled unto for any cause or matter whatsoever from the beginning of the world until the day of the date of these presents In witnesse whereof c. A Condition that the Obligor was lawfully seised of the premises at the time of granting of the Annuity with other usual clauses conteined in such Grants THe Condition c. That whereas the within named T. P. and I.P. by their Deed Indented beating date with these presents have given granted and by the same their Deed confirmed unto the within named E.H. his heirs and assigns a certain Annuity or yearly rent of c. yearly issuing and going out of the Manor of c. with th'appurtenaces and out of all the lands tenements and hereditaments belonging or appertaining or with the same now or at any time heretofore held occupied or enjoyed sit c. And out of all other Messuages c. whatsoever with their appurtenances of them the said T.P. and I.P. or either of them in R. aforesaid in the said County of K. under a certain condition in the said Deed contâ—ined as in and by the said Deed more at large it doth and may appear The usual clause that the grantor is seised of a lawful indefeasible estate in fee in his own right of the premises out of which c. If therefore the said T.P. and I. P. or either of them were at the time of th' ensealing delivery of the said Deed solely lawfully and rightfully seized in his or their demesn as of Fee-simple of a good sure lawfull rightfull absolute and indefeasible estate and of and in all and singular the said Manor c. with th' appurtenances and of and in all other the Lands tenements and hereditaments and all other the premises with th' appurtenances out of which the said Annuity or yearly Rent is mentioned to be issuing And that the said T.P. and I. P. or either of them And that he had lawfull power to charge the same at the time of th' ensealing and delivery of the said Deed had good right lawfull power and authority in his or their own right to charge the said Manor c. and all other the premises with th' appurtenances out of which the said Annuinuity or yearly rent according to the purport of the said Deed is mentioned to be issuing And also if the said Manor c. and all other the premises with the appurtenances and every part and parcel thereof out of which the said annuity or annual rent is mentioned to be issuing Clause that after any default in paymeÌ„t the lands shall be over liable sufficient to the distresse c. That the land is shall so continue of the cleer yearly value of c over above all charges reprizes And that the grantee shall peaceably enjoy the rent The usual clause that the premises are acquitted c. or else shal be sufficiently saved harmlesse from all former bargains sales c. shall from time to time and at all times from and any default in payment to be made of the said annuity or yearly rent or of any part thereof at any of the time and times limitted for the payment thereof be overt liable and sufficient to the
And furthermore he the said I.S. hath for and upon the consideration aforesaid Bargain and sale of Lands together with the evidences belonging to the same in the said recited Indenture mentioned given granted bargained and sold and doth by these presents for him his heirs and assigns fully clearly and absolutely give grant bargain and sell unto the said R. W. his heirs and assigns the said Messuages c. and all and singular other the premises with all and every their appurtenances in the said recited Indenture mentioned and contained or therein or thereby meant or intended to be bargained and sold unto him the said R.W. his heirs and assigns and also all and singular Messuages c. whatsoever c. together will all c. profits and commodities thereunto belonging or appertaining with all and every their appurtenances of him the said I.S. in B. aforesaid in the said County and also the reversion and reversions remainder and remainders of all and singular the said premises and the rents reserved in upon any demise or demises thereof made together with all deeds c. whatsoever concerning the said premises or any part thereof All and singular which the said deeds c. escripts and minuments or so many of them as he the said I. S. or any other person or persons to his or by his delivery have in his or their custody which he may lawfully get or come by without sute in Law he the said I. S. doth by these presents for him his heirs executors administrators and assigns and every of them covenant and grant to and with the said R.W. his heirs executors administrators and assigns well and truly to deliver or cause to be delivered unto the said R.W. his heirs executors administrators or assigns before c. whole safe uncancelled and underfaced To have and to hold the said Messuages c. unto him the said R. W. his heirs and assigns to the only use and behoof of him the said R. W. his heirs and assigns for ever A clause that the said R. W. shall enjoy the premises without any lawfull let of the said I. S. his heirs or assigns Usual clauses in bargains and sales c. using the usual words of warranties And also that the said I.S. shall at all times make further assurance be it Fine Feoffment c. Provided always and it is further covenanted granted Proviso that all conveyances made or to be made shall be to the use of the bargainee his heirs condescended and fully agreed upon by and between the said parties to these presents and every of them their and every of their heirs executors administrators and assigns And it is the true intent and meaning of these presents that all and singular Feoffments gifts grants fines recoveries and all other assurances whatsoever of the said premises with the appurtenances or of any part or parcel thereof by the said I.S. or by the said I. and A. his Wife to the said R. W. his heirs or assigns or to any other person or persons by the appointment or consent of the said R. now or at any time heretofore made or at any time hereafter to be made shall be inure are by these present limitted declared and appointed to be and inure And every such person or persons to whom any such fine Recoverey Feoffment grant or assurance shall be made shall stand and be seized to the use and behoof of him the said R.W. his heirs and assigns for ever and to none other use or uses intent or purpose whatsoever In Witnesse whereof c. An Indenture to declare the use of a precedent Recovery with a power of Revocation THis Indenture c. Between R.S. of c. of the one part and E.G. of c. of the other part Witnesseth that whereas the said R. S. did heretofore bring a Writ of entry Sir desseisin in l' post against the said E. G. retornable in his Majesties Court of Common pleas and thereby did demand against him recite the parcels with their appurtenances in B. as his right and inheritance and wherein the said E. did not enter but after a disseisin that one H.H. unjustly and without judgement did unto him the said R. within c. then last past unto which said Writ the said E. did appear and did vouch to warranty E. H. the common vouchee who accordingly did enter into the said warranty and did after make default and departed in despite of the Court and thereupon judgement was given that the said R S. should recover seisin of the tenements aforesaid with their appurtenances against the said E. G. and that he the said E. should recover over in value against the said E. H. and thereupon execution of the said recovery was had and made according unto the usual form of common recoveries in such caâ—es used as by the record of the said recovery remaining in the Court of Common pleas and there entred amongst the records of Easter term last past before the date of these presents Rotâ—ulo 145 doth more plainly and at large appear And whereas it was by and between the said parties to these presents and either of them meant and intended and the said parties to these presents and every of them do by these presents accordingly limit declare and expresse that the said recovery was meant and intended and shall and doth extend and comprehend by such names number of acres and covenants as are therein specfied and contained the capital Mansion and Messuages and all and every the lands tenements and hereditaments with their appurtenances which late were the inheritance of I. G. Gent. deceased by the last will and testament of him the said I. devised and bequeathed unto the said E. G. and to the Heirs Males of his body in such manner and form as by the said will doth more plainly appear Now this Indenture witnesseth that the said Recovery and the execution thereupon was by and between the said parties to these presents and every of them meant and intended it is by these presents declared limitted and expressed to be meant and intended and it is by these presents Covenanted granted condiscended and agreed by and between the said parties and every of them that the same shall be and inure and that the said R.S. his heirs and assigns shall stand and be seiâ—ed of the said capital Mansion and all and singular other the said premises with their appurtenances in the said Recovery meetioned to the uses intents and purposes in and by these presents limitted and expressed and to none other use intent or purpose whatsoever that is to say to the use of him the said E. G. and the heirs males of his body Proviso or power of Revocation lawfully begotten c. Reciting the uses at large Provided always that if the said E. G. party to these presents shall at any time during his natural life intend or be willing to alter change
Office and Accompt Provided always that if the said R.K. his Deputy or Deputies Attorney or Attorneys Clerk or Bayliffs or any of them at any time during the said Office shall commit doe or suffer to be done any manner of act or acts thing or things whatsoever or shall omit or leave undone any act or acts thing or things whatsoever belonging to the said Office of Sheriff of the said County of S. or by colour of the said Office by resaon whereof the said Sir I. L. his executors administrators or assigns Proviso that if the under-sheriff or his deputy c. shall do or leave undone any thing belonging to the office whereby to charge the Sheriff above the sum of c. That then it shall be lawfull for the Sheriff to grant the office to another or his or their goods or chattels lands tenements and hereditaments or any of them may in any wise be charged or chargable above the sum of c. That then and from thenceforth it shall be lawfull to and for the said Sir I.L. to grant assign and depute the execution of the said Office of the under-Sheriff for the residue of the said time then to come to any person or persons And that then and from thenceforth it shall be lawfull to and for all such Assignee and Deputy to have and take all the Fees and commodities profits and advantages from thenceforth to the said Office belonging or in any wise appertaining this Indenture or any thing therein conteined or any other matter or cause concerning the assignment or deputation of the said under-Sheriffwick in any wise notwithstanding And the said Sir I. L. for him his heirs c. doth covenant and grant to and with the said R. K. his heirs c. by these presents That he the said Sir I. L. his heirs c. shall or will deliver Covenant by the Sheriff to deliver cancelled to the under-sheriff all security given by him for the execution of his office or for the saving harmlesse of the Sheriff within three moneths after he shall have procured a quietus est all such bonds and obligations wherein any person or persons shall be or stand bound for or in the behalf of the said R. K. to the said Sir I. L. for or in respect of the execution of the said Office of under Sheriffwick or for the saving harmlesse of the said Sir I. L. concerning the said Office of High Sheriff within three moneths next after the said R. K. his heirs c. shall procure or deliver to the said Sir I. L. his heirs c. a quietus est out of the Court of Exchequer for his discharge of his said Office and the Bond of the said R.K. to remain for the saving harmlesse of the said Sir I. L. his heirs executors and administrators of amerciaments and other impositions touching the said Office And whereas by an agreement made between the said R.K. and one I. M. Gent. whom the said Sir I.L. hath appointed under-Sheriff for the County of S. it is acknowledged and affirmed by the said R. K. before the sealing of these Indentures An agreement between the under-sheriff and one I. M. by which the under-sheriff doth acknowledge that he is to passe the whole accompt c. and to get a discharge for the same and for that purâ—â—se the Sheriff hath security neverthelesse for the better security the Sheriff doth by these presenss bind the said I. M. c. that the said R. K. his executors administrators or assigns is to passe the whole accompt of the said Sir I. L. and to execute levy gather up extend bring in and pay all such Seizures Extents Processe Chequer-silver Duties and Demands Charges Summe and Summes of money whatsoever howsoever or wheresoever as the said Sir I. L. his heirs executors or administrators shall be in any Court or Courts place or places any way charged or chargable unto or withall as Sheriff of the said Counties of S. and S. or of either of them at and according to the place and places time and times limitted in these Indentures for the said R.K. to doe and perform and thereupon shall also accordingly within six moneths next ensuing the time within limitted procure unto the said Sir I. L. his heirs or assigns a sufficient discharge and quietus est in full discharge of the said Office and Accompt And the said Sir I.L. hath to that end also security of 300 l. from the said R. K. and his Sureties for the performance of the like Covenant amongst other Covenants in the Indenture specified which are made between the said Sir I. L. and the said R. K. and yet notwithstanding the said Sir I. L. for his better security doth by these presents bind and tie the said I. M. his executors administrators or assigns to the doing and performing of the same Also the said Sir J. L. is well pleased and contented and for himself his Executors and administrators doth covenant promise and grant Covenant by the Sheriff nor to charge the said I. M. c. if he may be reâ—leved saved harmless by the under Sheriff and his sureties to and with the said J.M. his executors and administrators and every of them that if the said Sir I. L. his heirs executors administrators and assigns shall or may be releeved saved harmlesse or indempnified for and concerning the afore recited covenants and agreements by the said R. K. his executors and assigns and his sureties that then he the said Sir I. L. his executors administrators or assigns shall or will not take any benefit or advantage of the said Covenants and agreements against the said I. M. his heirs executors administrators or assigns or any his sureties or any of them In Witnesse whereof c. A Release of a Right to Land KNow all men by these presents That I W. H. of c. Yeoman for divers good cause c. and that S. H. of c. Son I. H. sate of c. aforesaid in the said County deceased hath accepted of the Lands tenements hereafter mentioned Given bequeathed unto the said S. H. by W.H. Uncle of the said S. by the last will and testament of the said W. according to a proviso and condition in the said will expressed as in and by the said Will bearing date c. doth more plainly and at large appear Have remised released and for ever quite claimed and do by these presents for me my heirs executors administrators and assigns remise release and for ever quite claim unto the said S. H. his heirs and assigns in his full and peaceable possession and seizin all and all manner of right title interest and demand whatsoever which I the said W. H. my heirs executors or assigns shall have or may have challenge or demand of in or to reciting the particulars with the appurtenances scit c. late the lands of the said W.H. deceased so that I the said W.
c. To Tho Jennings Bayliffe of the said Mannor per me T. D. Sene sc Give notice likewise to all the tenants of the said Mannor that at the Court to be holden as abovesaid they enter their lands and services lest they be compelled to hold of some other Lords and by other services It is a safe course both for Lord and Tenants and it shall be no charge to the Tenants The Patent whereby Serjeant Henden was made Baron of the Exchequer TO all c. Know yee that we of our especiall grace certaine knowledge and meer motion have given and granted and by these presents do give and grant unto our beloved and faithfull Edward Henden Serjeant at Law the Office of one of the Barons of our Exchequer and the said Edward Henden to be one of the Barons of the Coife in our Exchequer we do make and ordaine by these presents to have hold and occupy the aforesaid Office unto the said Edward Henden so long as hee pleaseth us And also we give and grant unto the said Edward Henden for the exercise and execution of the Office aforesaid al and singular wages fees annuities monies freedomes allowances commodities profits emoluments liberties priviledges dignities enjoyments authorities estimations preâ—eminencies to the said Office of one of the Barons of our Exchequer aforesaid due or belonging or to be due or appertaining to have hold perceive use and enjoy the said wages fees regards monies freedomes allowances commodities profits emoluments and all and singular other the premises to the said Edward Henden by the hands of our Treasuror and Chamberlaines and other our Officers or otherwise to all intents and purposes for in and with the Office of a Baron of the Exchequer aforesaid whatsoever belongeth or heretofore due used and accustomed c. A Warrant to one of the Receivers of the revenues of the Dutchy for payment of 5 l. every term yearly to Sr Edward Henden Knight one of the Barons of the Exchequer TO our trusly and welbeloved S E. Esq our generall Receiver of the revenues of the possessions parcell of our Dutchy of Lanc greeting We will and require you forthwith upon receipt hereof to pay or cause to be paid unto Sir E H. Knight one of the Barons of the Exchequer and one of the Judges assistants of our Court of Dutchy of Lancaster at Westminster the sum of 5 l. of lawfull mony of England in the name of his fee for every terme yearely during the time that he shall continue a Judge assistant to the said Court of Dutchy and not to faile hereof and for so doing these Letters shall be unto you the said Receiver your heires executors and administrators a sufficient warrant and discharge against c. for paiment thereof from time to time respectively as the case shall require and also unto the Auditor and Auditors of the said Dutchy to make unto you due allowance thereof upon your next accompt to be made and taken before him or them in that behalfe Given at Westminster under the Seale of the said Dutchy the one and twentieth day of February in the year of our Lord God c. A Condition to save a surety harmelesse THE Condition of this present Obligation is such That whereas the above bounden A B. together with the above named T D. and one I F. Citizen and Mercer of London by their Obligation of the date hereof stand jointly and severally bound unto I W. of London Widdow in one hundred and fifty pounds of good and lawfull mony of England for paiment of one hundred and foure pounds of like money on the twentieth day of June next comming at the now dwelling house of R A. Sâ—r. scituate on Corne-hill London as by the same Obligation and Condition may appeare In which Obligation the said T D. is so become bound at the request and for the only debt of the said A B. If therefore the said A B. his executors administrators or assignes do in discharge of the said recited Obligation truly pay or cause to be paied unto the said I W. his executors administrators or assignes that the said sum of one hundred and four pounds on the day and at the place of paiment aforesaid that then c. Or else c. ANOTHER THe Condition of this present Obligation is such that wheras the within named T D. at the speciall instance and request and for the only debt of the within bounden E G. standeth bound with the said E G. unto one K H. of London Merchant in the sum of one hundred and sixty pounds of c. by Obligation bearing date c. with condition for the true payment of the sum c. at or upon c. next ensuing the date of the said obligation at the house of c. as by the said recited obligation and Condition more at large appeareth If therefore the within bounden E G. his heires executors or administrators or any of them do well and truly content and pay or cause to be contented and paid unto the said K H. his executors or administrators or assignes the said sum c. at the time and place limited for the paiment thereof according to the purport of the said condition of the said recited Obligation and thereof do from time to time and at all times hereafter well and sufficiently save and keep harmlesse and indempnified the said T D. his heires executors administrators and assignes and his and their Lands Tenements goods and Chattels against the said K H. his heirs executors administrators and assigns That then c. Or else c. The Award of Serjeant Henden made the 28 day of January 1631. Between R A. and I C of the Parish of B. in com Kanc. TO al persons to whom these present wirtings Indented shall come E H. Serjeant at Law sendeth greeting whereas R A. of B in the County of K. Yeoman and I C. of B. aforesaid Yeoman have by their severall writings obligatory bearing date c. Anno Dom. c. bound themselves each to other in the sum of 500 l. a piece of lawfull English money Conditioned to stand to obey perform fulfill and keep the award arbitriment ordinance determination and judgment of me the said E H. Arbitrator indifferently named appointed elected and chosen as wel on the part and behalfe of the said R A. as on the part and behalfe of the said I C. to arbitrate award decree judge rule and determine of for upon touching and concerning all and all manner of actions and causes of actions sutes quarrels variances discords debates duties accounts trespasses claims controversies and demands whatsoever had moâ—ed stirred commenced or depending between the said parties for any matter cause or thing whatsoever from the beginning of the world untill the day of the date of the said Obligation so that the said arbitrement ordinance decree finall determination and judgement of me the said E H. of and upon the said premises were
former bargains leases grants and incombrances done or to be done by the said A. B. his c. or by any other person or persons claiming by from or under the said A. or by for from or under the said R S their Heirs or Assigns or the Heirs or Assigns of any of them or by their or any of their assent consent act means or procurement during the said term of four years hereby granted Provided alwayes and it is the true intent and meaning of the parties to these presents that if the said A B or his Assigns in his life-time shall hereafter at any time during the said term of c. either by word or writing manifest declare and give one whole yeares warning to the said C D his c. that his purpose or intent is to take the said demised premises into his own hands or otherwise to dispose of the same And also do at or before the end of the said term after declaration and warning so made and given as aforesaid repay or cause to be repaid unto the said C D his c. so much of the said fine of c. as shall or may be justly and ratably demanded by the said C D his c. for the residue of the said term of c. that sahll be then to come and not expired of and in the said demised premises reckoning and allowing for every year a just and equall portion That then at the end of the same year after such declaration and warning so made and given and re-payment made of the said fine as aforesaid it shall be lawfull to the said A and his Assigns during his life-time into all the aforesaid premises to re-enter and the same to have again And that then and from thenceforth this present Demise and Grant shall be utterly void and of no force any thing c. notwithstanding But if the said A or his Assigns do not pay so much of the said fine as is before mentioned according to the said last recited Covenant That then he the said A his c. within twenty daies next after the end of the said year after warning given as aforesaid shall pay or cause to be paid unto the said C D his c. the sum of c. in recompence of the losse hindrance that may happen to the said C D his c. by reason of the non payment of the residue of the said fine according to aforesaid Covenant In Witnesse c. An Indenture of Covenants in form like a Lease for the enjoying of Lands in reversion THis INDENTVRE made c. Between c. Whereas E S the elder of c. being seized for terme of his life of all that capital Messuage or Tenement commonly called or knowne by the name of The recital of the former Deed. c. situate and being in c. with all and singular Houses Edifices Barnes Stables Orchâ—rds Yards and Gardens to the said capital Messuage or Tenement belonging or in any wise appertaining and also all and singular such Lands Meadowes Pastures Closes and other Hereditaments with their and every of their appurtenances as are contained specified and terried forth in a terrer or Schedule Indented annexed to a pair of Indentures made between the said E S the elder of the one party and the said E M of the other party bearing date c. and also of all wayes commons profits commodities and advantages whatsoever to the said capital Messuage or Tenement or to any part or parcel thereof belonging or in any wise appertaining Did by the said recited Indentures demise and grant unto the said E M all that the said capital Messuage or Tenement and other the before recited Lands Tenements and Hereditaments with their and every of their appurtenances except as in the same Indenture is mentioned to be excepted To have and to hold the said capital Messuage or Tenement and other the before-mentioned premisses except as before is mentioned to be excepted to the said E M his c. from the Feast of c. last past before the date hereof unto the end and term of c. from thence next ensuing and fully to be compleat and ended if the said E S the elder live so long Yeilding and paying therefore yearely during the said term if the said E S the elder live so long the summe of c. at such daies and times and under such Conditions Covenants Grants and Agreements as in and by the said recited Indentures c. appeareth And whereas also the said E. S. the younger is to have all the afore-mentioned premisses for the time and terme of 21 yeares next ensuing after the Death of the said E. S. the elder Now witnesseth these presents That the said E S the younger for that it is the intent and meaning of all the said parties that he the said E M should have all and singular the before-mentioned premises except as before is mentioned to be excepted for the term of c. from the said Feast of c. last past thence next ensuing fully to be complete and ended under such yearly rent conditions covenants grants and agreements as are contained and specified in the said recited Indentures doth by these presents grant unto the said E M. That if the said E S the elder shall happen to dy before the end and expiration of the said 18 years Then the said E M his c. shall have and hold the said Messuage or Tenement That if E S the elder dy before the expiration of the former Grant then E M shall have it for the residue and all other the premises mentioned in the saiâ— recited Indenture except as in the said Indenture is mentioned to be excepted for so long time and for so many years as at the time of the death of the said E S the elder shall be to come and unexpired of 18 years from the said Feast of c. last from thence next ensuing and fully to be complete and ended and for no longer time Yeilding and paying therefore yearly during the continuance of the residue of the said 18 years as shall at the time of the death of the said E S the elder be unexpired unto the said E S the younger his c. the summe of c. at two usual Feasts or Termes in the year viz. name the Feasts c. which of them shall first happen next after the death of the said E S the elder by even and equal portions And if it shall happen the said yearly Rent of c. or any part thereof to be behind and unpaid by the space of c. next over or after any of the said Feast days in which the same ought to be paid as aforesaid it being lawfully demanded That then and from thenceforth it shal and may be lawful to and for the said E S the younger his c. into the premises and every part thereof wholly to re-enter and the
the said Annuity at the times and places appointed And the said A.B. doth further for himself his Heires Executors Administrators and Assignes covenant grant and agree to and with the said A.R. and her Assignes that he the said A. B. his Heires and Assigns shall and will from to time well and truly content satisfie and pay or cause to be well and truly satisfied and paid unto the said A.R. and her Assignes during her natural life the said Annuity or yearly Rent-charge of fifty pounds at the place and dayes of payment before limited and appointed for the payment thereof according to the true intent and meaning of these presents Covenant for further assurance upon request as shall be advised by Councel And that he the said A.B. his Heires and Assignes at his or their own proper costs and charges in the Law shall and will from time to time and at all times hereafter during the space and term of three years now next ensuing the Date hereof upon every reasonable request in that behalf to be made to the said Edmund alias A.B. his Heires or Assignes by the said A.R. her assignes do make execute and perform all and every such further assurance and coveyance of the premises or any part thereof for the better assuring settling and conveying of the said Annuity and yearly Rent-charge of fifty pounds in the said A. R. to continue during her natural life as by the Councel learned in the Law of the said A.R. shall be reasonably devised advised or required be it by Fine Feoffment Recovery with double or singular Voucher or Vouchers or by any other lawful wayes or means whatsoever ¶ In witnesse whereof c. ¶ A Letter of Atturney to enter and to deliver a Deed as Atturney the same being first sealed and signed by the Party TO all Christian People of whom this present Writing shall come I Jo. T of C. in the Co. of M. Gent. send greeting in our Lord God everlasting Know ye that whereas I the said J.T. have signed and sealed the writing of grant and assignment hereounto annexed but have not delivered the same as my act and deed Know ye that I the said J.T. have constituted ordained authoâ—ized and in my place stead put my welbeloved in Christ N.E. of VV. in the County of â—louâ— Clerk and E.B. of the same Town and County Yeoman my lawful Atturneys joyntly or severally for me and in my name to enter into the Mannour of VV. and the hereditaments in the said writing under my hand and seal mentioned or in any part or parcel thereof in the name of the whole according to the right conveyed unto me by Sir VV.B. Knight and thereof or of any part thereof to take poflession for me and in my name and after such possession thereof taken to deliver the Writing hereunto annexed unto Sir M.E. Knight therein named or to his certain Atturney or Atturneys or to any other Person or Persons to his use as my Act Deed Ratifying allowing approving and confirming all whatsoever my said Atturneys or either of them shall do in the premises according to my right According to a Decree in Chancerâ— and the direction of a Decree or Order of the high Court of Chancery dated the 24. of January last past before the date hereof and holding the same as firm as if I my self had been personally present and done the same ¶ In Witnesse c. ¶ A Deed of Covenant of stand seized to uses according to former Articles of Agreement upon Marriage in tail and for part of a Joynture THis INDENTVRE tripartite made c. Between Sir W.B. of D. in the County of B. Knight of the first party N.S. of London Esquire of the second party and H.B. Esquire Son and Heir apparent of the said Sir W. B. and A.S. sole Daughter and Heir apparent of the said N.S. of the third party Witnesseth ⋆ For and in consideration of part of performance and accomplishment of Articles and Agreemennts made between Sir W. B. of the one part and N.S. on the other part and in consideration of a Marriage to be solemnized between H. B. and A. S. and for and in consideration of a Joynture to be made to A. S. in case â—â—â—â—e survive H. P. That for and in part of performance and accomplishment of the Covenants and Agreements comprized and contained in one pair of Articles of Agrrements indented had made and concluded upon the sixth day of March last past before the date hereof between the said Sir W. B. of the one party and the said N. S. of the other party And for and in consideration of a Marriage shortly hereafter by the grace of God to be had and solemnized between the said Sit H. B. and A.S. and for and in considertion of a Joynture to be â—ad and mâ—de unto the said A. S. in case the said Marriage shall take effect and that the said A. shall happen to survive and over-live the said H.B. And foâ— and towards some provision of paâ—t of a livelihood and maintenance to be had and made unto the said H.B. and A. S. during tâ—e natural lives of the said Sir W. B. and of the said Lady M. his Wife and for the continuance of the Manours Lordships Capital Messuages Farmeâ— Lands Tenements and â—eâ—â—ditaments hereafter mentioned in the name blood and kindred of the said Sir VV.B. and of the said H.B. his said Son and Heir apparent so long as it shall pleuse Almighty God †Sir W.B. Covenants for him his c. to and with N.S.H.B. and A.S. That he the said Sir W.B. his Heirs c. now standing or being seized of and in all and singular the Manours Capital Messuages or Farms Lands Tenements Rents Reversions Services and Hereditaments c. being free-hold and inheritance of the said Sir W. B. and of and in all and singular Messuages Houses Edifices Building c. in which the said Sir W. B. now hath any estate of inheritance shall and will stand and be seized thereof to the uses intents and puroses hereafter in this present Indenture at large expressed And for divers other good and reasonable caused and consideration him the said Sir W. B. to these presents especially moving It is Covenanted grated concluded and fully agreed by and between the said Parties to these presents in manner and form following That is to say First the said Sir W. B. for himself his Heires Executors and Administrators doth covenant promise and grant by these presents to and with the said N. S. H. B. and A. S. and to and with every of them their and every of their Heires Executors and Administrators That he the said Sir W. B. and his Heires and all and every other Person or Persons and their Heires now standing or being seized or which at any time hereafter shall stand and be seized of and in all and singular the Manours Capital Messuages or Farmes
belonging or in any wise appertaining or at any time within the space of foure yeares last past being occupied taken had knowne or reputed as part parcel or member of or as appertaining to the said Manour Lordship and Borough of T. and of and to the said Manour of H.S. Fee and C. Fee and the Parke called H. Park and every or any of them with their and every of their appurtenances and all other the now Manours Messuages Cotages Lands Tenements Rent-charges Rents Reversions Services and Hereditaments whatsoever with the appurtenances of the said Sir Jo. C. the elder and Sir Jo. C. the younger and Dame Anne his Wife or either or any of them scituate lying issuing growing renewing or being within the Fields Parishes Townes or Hamlets of T. H. C C. c. and every or any of them in the said County of Essex and the Reversion and Reversions Remainder and Remainders of all and singular the said Manours Messuages Lands Tenements and Premises and every of them and of every part thereof with the appurtenances And also all and singular Deeds As also to deliver the Deeds and Writings by a day Evidences Escripts Minuments and Writings whatsoever touching and concerning onely the said Hereditaments and Premises or onely any part thereof All and every which said Deeds Evidences Escripts Minuments and Writings aforesaid or such or so many of them as now are or be in the hands custody or possession of the said Sir Io. C. the elder and the said Sir Io. C. the younger or either of them or of any other Person or Persons whatsoever by their or either of their delivery or to their or either of their use or uses or which they or either of them can or may obtain come by or get without suit of Law As also true Copies of such as concerne the Lands to be conveyed And also true Copies of all such Deeds Evidences Escripts Minuments and Writings whatsoever as do touch or concern the said Manours Messuages Lands Tenements and Premises or any of them or any part thereof together with any other Messuages Lands and Hereditaments and which now are or be in the hands custody or possession of the said Sir Io. C. the elder and Sir Io. Cuts the younger or either of them or any other Person or Persons by their or either of their delivery or to their or either of their use or uses and which they or either of them can or may obtain come by or get without suit in Law as aforesaid and the same Copies to be copied had and made at and upon the proper costs and charges of the said Andrew H. his Heirs Executors Administrators or Assignes or some of them They the said Sir Io. C. the elder and Sir Io. C. the younger and either of them for themselves and either of them their and either of their Heires Executors and Administrators and every of them do Covenant and grant to and with the said Andrew Huddlâ—ston his Heires Executors Administrators and Assigns and every of them by these presents to deliver or cause to be delivered unto the said A. H. his Heires or Assignes or some of them on this side and before the Feast day of Saint George next ensuing after the day of the Date of these presents at and upon their or any of their request or requests thereof whole safe uncancelled and not defaced to have and to hold the said Manours Lordships Habendum to the said H. D. and T. H. and their Heires for ever to and for the uses intents and purposes and upon the provisoes Conditions and agreements hereafter mentioned and Borough Parke Messuages Lands Tenements and Hereditaments aforesaid and all other the Premises aforesaid and every of them and every part thereof with the appurtenances unto the said H. D. and Tho. E. their Heires and Assignes for ever to and for the uses behoofs intents and purposes and under and upon the provisoes Conditions and agreements hereafter herein following and to no other use intent or purpose That is to wit to the use and behoofe of the said Andrew Huddleston his Heires and Assignes for ever under and upon neverthelesse the Proviso or condition and agreements herein hereafter mentioned or contained and to no other use intent or purpose whatsoever And the said Sir Jo. C. the Elder Covenant for peaceable enjoyment and Sir Jo. C. the Younger and either of them for themselves and either of them their and either of their Heires Executors and Administrators and every of them do Covenant and grant to and with the said A.H. his Heires Executors Administrators and Assignes and every of them by these presents That he the said A. H. his Heirs and Assigns and every of them under and upon neverthelesse the Proviso or Condition and agreements before mentioned and hereafter in these presents contained or specified shall or may from time to time and at all times for ever hereafter peaceably and quietly have hold occupy and enjoy all and singular the said Manours Messuages Burrough Park Lands Tenements and Hereditaments and all other the premises and every of them and every part thereof with the appurtenances without the let suit trouble molestation disturbance interruption or eviction of the said Sir Jo. C. the Elder Sir Jo. C. the Younger and Dame A. Wife of the said Sir Jo. C. the Younger or any of them And without any laws fuller suit trouble molestation disturbance interruption or eviction of the Heireâ— or Assignes of the said Sir Jo. C. the Elder and Sir Jo. C. the Younger or either or any of them And further also that the said Manours and Lordships To free from incumbrances Burrough Park Messuages Lands Tenements and Hereditaments and all other the premises and every of them and every part thereof with the appurtenances now are and beâ— and so at all times for ever hereafter shall or may remain continue and be unto the said A.H. his Heires and Assignes for ever in manner and form aforesaid free clear and clearly acquitted exonerated and discharged or otherwise within convenient time next after reasonable request in that behalf made well and sufficiently saved or kept harmlesse of for from and concerning all and every former and other bargains sales gifts grants leases estates Joyntures Dowers titles of Dowers Statutes Recognizances Judgments executions condemnations and of for from and concerning all and every other charges titles troubles and incumbrances whatsoever hereto fore committed had made knowledged levied wittingly and willingly suffered or executed or hereafter to be committed had made done knowledged levied wittingly or willingly suffered and executed by the said Sir Io. C. the elder and Sir Io. Cuits the younger and Dame A. his Wife or any of them their or any of their Assignee or Assignees or by the Heirs or Assigns of the said Sir Io. C. the elder and Sir Io. C. the younger or of either or any of them or by any Person or Persons whatsoever
having or lawfully claiming to have any estate right title interest claim or demand whatsoever of in or to the same or of in or to any part thereof by from or under them or any of them the yearly summe or Fee-farm Rent of 57l 10s hereafter to grow or accrue due and payable for the premises or for some part thereof unto c. Excepting certain Fee-farm rents and estates made And the Rents and Services to be from henceforth due or payable for the premises or for any part thereof unto the chief Lord or Lords of the Fee or Fees thereof if any such there be and one Lease for one and twenty yeares heretofore made by the said Sir Io. C. the younger to S.S. whereof there are not above seventeen years to expire by effluction of time and whereupon the yearly rent of 17 l. 13 s. and 3 d. is reserved and which said yearly rent notwithstanding any act done or to be done by the said Sir Io. Cutts the younger or his Heires shall from henceforth continue payable unto the said A.H. his Heires and Assignes under and upon neverthelesse the proviso and condition in these presents expressed And a Grant or Patent of the Stewardship of the Courts of the Manours of T.H. S.C. and the Fees aforesaid made and granted by the said Sir I.C. the younger to the said S. S. for term of years not expired And all Copies and Copy-hold estates heretofore granted of any the premises according to the custome of the said Manours or any of them by the said Sir Io. C. the younger or his Steward for the time being to any Person or Persons and the proviso or condition herein hereafter mentioned and contained and every of them and all and every the re-entry and re-entries hereafter to be made or made oy reason or means of any breach or non-performance of the same proviso or condition onely excepted and foreprized Fot further assurance And further also that they the said Sir Io. C. the elder Sir Io. C. the younger and Dame A. Wife of the said Sir Io. C. the younger and every of them and the Heires of the said Sir Io C. the elder and Sir Io. C. the younger and every of them Sir D.D. Knight and Dame M D. his Wife Sir Tho. C. Knight and Dame D.C. his Wife and the Heires of the said Dame D. and every of them shall and will from time to time and at all times during and within the space of 5 Years now next ensuing at and upon the reasonable request or requests and Charges in the Law of the said A. H. his Heirs Executors Administrators or Assignes or any of them do make knowledge levie suffer and execute and cause to be done made knowledged levied suffered and executed all and every such further and other lawful act and acts thing and things devise and devises Conveyance and assurances in the Law whatsoever for the further better and more assured surety sure making conveying and assuring of all and every the said Manours Lordships Burrough Messuages Lands Tenements and Hereditaments and all other the premises aforesaid and every of them and every part thereof with the appurtenances unto the said H.D. and Tho. E. their Heires and Assignes for ever in manner and form aforesaid by under and according to the proviso and condition hereafter expressed till all the payments in these presents limited are paid and performed And after the performance thereof absolutely and without condition according to the tenour and true intent and meaning of these presents As by the said A. H. his Heirs Executors Administrators or Assignes or any of them or by their or any of their Councel learned in the Law shall be in that behalf lawfully and reasonably devised or advised be they by Fine or Fines with proclamations in due form of Law to be levied Feoffement or Feoffements Recovery or Recoveries with Voucher or Vouchers over deed or deeds inrolled or not inrolled Release with warranty as for and concerning the said Sir Io. C. the Father and Sir Io. C. the Son for them and their Heirs against the said Sir Io. C. the elder and Sir Io. C. the younger and Dame A. his Wife and the said Sir D. D. and Dame M. D. his Wife Sir Tho. C. and Dame D. his Wife and the Heires of the said Sir Jo C. the Elder and Sir Jo. C. the Younger Sir D.D. and Dame Mary D. his Wife Sir Tho. C. and Dame D. his Wife and every or any of them and as for and concerning the said Dud. D. and Dame M. his Wife against them and the Heires of the said M. and of and concerning the said Sir T.G. and Dame D. his Wife against them and the Heirs of the said D. or otherwaies without warranty at the election and choice of the said A.H. his Heires Executors or Assignes or any of them Confirmation by all or any of the said waies or means or by any lawful waies or means of assurance whatsoever with such warranty onely as aforesaid or otherwaies without warranty at such the election and choice as aforesaid and for the doing making knowledging and levying suffering or executing whereof they the said Sir Jo. C. the Elder and Sir Jo. C. the Younger their or either of their Heires or any of them shall not be enforced to travell above the distance of ten miles from such place or places where they or any of them then respectively shall be abiding or dwelling nor the said other Person and Persons so agreed to make any further assurance from his and their severall and respective place of his and their usual abode or at the time or times of such request or requests so to be made as aforesaid Provided neverthelesse and upon condition Condition that if the several sums be not paid at the times appointed the uses and intended assurances to be void That if the said A. H. his Heires Executors Administrators or Assignes or some or one of them shall not and do not well and truly satisfie and pay or cause to be paid unto the said Sir Jo. C. the Younger his Executors Administrators or Assignes or some or one of them the said full sum of 387 l. of good and lawful Money of England being the rest and residue of the said mentioned summe of 4470 l. before specified at in or upon the several dayes of payment hereafter herein in that behalf specified and in manner and form following according to the tenour and true intent and meaning of these presents That is to wit the sum of 400 l. of good and lawful money of England in and upon the tenth day of December next following after the Day of the Date of these presents and the summe of 1700 l. in or upon the first day of June next also following after the Day of the Date of these presents and the sum of 1770 l. residue in and upon the first day of November which shall be in the Year of
extend to any further warranty then onely against the said Sir Io. C. the elder and A. his Wife Sir D.D. and Dame M.D. his Wife Sir Tho. C. and Dame D. his Wife and their or some of their Heires and all persons lawfully claiming in by from or under them or any of them or in by from or under their or any of their Titles And the said Andrew H. for himself his Heirs Executors and Administrators and every of them doth Covenant and Grant to and with the said Sir Io. C. the elder and Sir Jo. C. the younger and either of them their and either of their Heirs Executors and Administrators by these presents Covenant that if there shall be default in payment to re-deliver the Evidences That if any default shall happen to be made by the said Andr. H. his Heires Executors or Administrators of or in the payment of the said sum of 3870 l. or any part thereof at any the dayes and times in that behalf limited mentioned or appointed in or by the Proviso or Condition before in these presents contained contrary to the Tenour and true intent and meaning thereof and of these presents That then and at all times thenceforth he the said A.H. his Heires Executors Administrators and Assigns or some of them shall and will at and upon the reasonable request or requests of the said Sir Jo. C. the younger his Heires or Assignes or any of them re-deliver or cause to be re-delivered unto the said Sir J. C. the younger his Heires Executors Administrators or Assignes or to some of them All and every such the Deeds Evidences Minuments and Writings whatsoever touching or concerning the said Manours Messuages Lands Tenements Hereditaments and Premisses or any of them as shall be by the said Sir J.C. the elder and Sir Jo. C. The younger or either of them delivered to the said A.H. his Heirs or Assigns or any of them as aforesaid whole safe uncancelled and not defaced and in such manner case and plight as the same shall be delivered by or from the said Sir J.C. the elder and Sir Jo. C. the younger or either of them their or either of their Heirs Executors Administrators or Assigns unto the said A. H. his Heires Executors or Administrators or any of them As also to reassure the Land as shall be advised And that the said A.H. his Heirs and Assignes shall and will after such default at and upon the Request Costs and Charges in the Law of the said Sir Jo. C. the younger his Heirs or Assigns do make and execute such act acts assurance and assurances for the re-assuring and conveying surety and sure making of all and singular the premises to the said Sir Jo. C. the younger his Heirs and Assigns to the sole and onely use and behoof of the said Sir Jo. C. the younger his Heirs and Assignes as by the said Sir Io. C. his Heires or Assignes shall be reasonably devised or advised So as the said A. H. his Heirs nor Assignes be not compelled to travel from the place of their abode at the time of such request made for the doing and executing of the same And so as the same include no other or further warranty then against the said A. his Heires and Assignes Covenant by the Vendee to pay a Fee-Farm Rent of c. payable to c. And A.H. for himself his Heires Executors and Administrators doth Covenant and Grant to and with the said Sir Io. Cutts his Heires Executors Administrators and Assignes and every of them That he the said A.H. his Heires or Assignes or some of them shall and will at all times and from time to time for ever hereafter pay and satisfie to c. the said Fee-Farm Rent of 57 l. 10 s. before mentioned hereafter to grow due and payable at the times therefore usual And all Quit-rents and Out-rents issuing out of all or any the premisses or due or payable for or in regard or by reason of the premises to c. as the same shall hereafter grow And in default of payment then the Vendee within 3. Moneths after notice shall pay the Arrearages and in default thereof upon like notice and request shall satisfie the Damages sustained by the Vendee for non-payment or become due and payable And in case of non payment of all or any the same arrearages on any of the said usual daies of payment then and from thenceforth respectively upon reasonable notice and request of such arrearages to be made or given to the said A. H. his Heires or Assignes by or from the said Sir Io. Cutts the younger his Heires or Assignes The said A.H. his Heirs or Assignes or some of them respectively within three Months next ensuing such notice and request shall well and truly from time to time pay all and every the same arrearages And in default thereof then and from thenceforth respectively well and truly upon like request shall and will well and truly from time to time recompence and satisfie to the said Sir Io. C. his Heires and Assignes all such damages and losses as they or any of them shall in any wise sustain by or by reason or occasion of the non-payment of the said Fee-Farm Rent or any of them as aforesaid ¶ In witnesse c. ¶ Covenants for a Fine and recovery to cut-off an Intaile THis INDENTVRE made c. Between E. B. of S. in the County of B. Esquire E. his Wife and I.C. of A. in the said County of B. Yeoman on the first part I.T. of M. in the County of N. Yeoman on the second part and E.W. of A. aforesaid Yeoman on the third part ⋆ E.B. standeth seized at the ensealing of these prefents of an estate-taile to him and his Heires males of his body with diverse remainders over c. Whereas the said E. B. at the ensealing and delivery of these presents is and standeth seized of an Estate-taile to him and the Heires males of his body with diverse remainders over of and in the said Manour Lands Tenements and Hereditaments hereafter in these presents mentioned †For and in consideration of the said estate-taile and for the setling of an absolute estate of Inheritance in Fee-simple in the said E.B. to the intent he may be inabled to make a perfect assurance to any person that shall purchase the said Manour Lands and Hereditaments c. Now witnesseth this Indenture that for and in Consideration of the barring of the Estate-taile and all the remainders thereupon depending And for the setling of an absolute estate of Inheritance in Fee-simple in the said E. B. whereby he may be enabled to make and good and perfect assurance of such person and persons and their Heires as have agreed or hereafter shall agree with him the said E.B. to purchase the said Manour Lands Tenements and Hereditaments or any part or parcell of them It is mutually and respectively concluded and fully
and Assigns shall and will well and truly pay or cause to be paid unto the said T. F. and his Assigns during the natural life of the said T. F. the said Annuity or Annual rent of 10 l. yearly at or upon the second day of May or within the said 30 days next after the said day in manner and form as is before in these present Indentures limited and appointed Of which said Annuity or Annual rent of 10 l. to be paid as aforesaid the said B. F. hath put the said T. F. in present and full seisin and possession and by giving him the sum of Six-pence Seisin given of the rent In witnesse whereof the parties above-named to these present Indentures their hands and seals interchangably have put Dated the day and year first above written Anno Domini c. An usual Deed of Feoffment with general Warranty TO all Christian People to whom this present Writing shall come T. P. of T. in the County of K. Yeoman Greeting in our Lord God everlasting Know ye me the aforesaid T. P. for and in consideration of the sum of 60 l. of good and lawfull mony of England to me the aforesaid T. P. by I. T. of B. in the aforesaid County Clothier well and truly before-hand paid whereof I acknowledge my self to be fully satisfied and contented and said I. T. his Heirs Executors and Administrators to be for ever acquitted and exonerated by these presents have given granted infeoffed and by this my present Writing confirmed to the aforesaid I. T. his Heirs and Assigns all that Mannor Messuage or Tenement Barn Stable with all other edifices to the said Messuage or Tenement belonging or in any wise appertaining or with the same heretofore usually occupied And also one garden one orchard three pieces or parcels of land meadow and pasture with their and every of their appurtenances containig in the whole by estimation 10 acres of land and pasture more or lesse situate lying and being in the Parish of R. aforesaid and abutting upon the Kings high-way towards the South and West and the lands of the heirs of F. A. towards the South and East towards the land of A. M. towards the North and to the land of A. H. towards the North and East as by metes and bounds thereof they are set forth and well known Which said Messuage and other the premises whatsoever now are in the tenure or occupation of one I. L. or of his Assigns To have and to hold the aforesaid Messuage or Tenement with all and singular the edifices to the said Messuage belonging th' aforesaid three pieces or parcels of land meadow and pasture with all and singular edifices with their appurtenances and other the premises whatsoever to the aforesaid I. T. his Heirs and Assigns to the use and behoof of the said I. T. his Heirs and Assigns for ever To hold of the chief Lords of the Fee thereof by services hertofore due and of right accustomed And I the aforesaid T. P. and my Successors aforesaid the said Messuage or Tenement aforesaid three pieces or parcels of land meadow and pasture and other the premises whatsoever A general Warranty with all and singular the appurtenances to the said I. T. his Heirs and Assigns against me mine Heirs and Assigns and against all other men do warrant and for ever defend by these presents In witnesse whereof I the aforesaid T. P. to this my present Writing have put to my Seal Dated the first day of May in year c. A Release upon a Deed of Feoffment TO all Christian People to whom this present Writing shall come T. P. of T. in the Parish of T. in the County of K. Greeting in our Lord God everlasting Know ye me the aforesaid T. P. for and in consideration of the sum of 60 l. of good and lawfull mony of England to me th' aforesaid T. P. by I. T. of the aforesaid Parish of B. in the said County of K. Yeoman before-hand well and truly paid and for divers other good causes and considerations me hereunto especially moving have remised released and altogether for me and my Heirs for ever quit claimed by these presents unto I. T. of K. aforesaid Yeoman in his full and peaceable possession and seisin being to his Heirs and Assigns to the onely and proper use and behoof of him the said I. T. his Heirs and Assigns for ever all my right title claim interest or demand which I the aforesaid T. P. have or at any time had or any wayes hereafter may have of or in one Messuage or Tenement Barn Stable with all and singular edifices buildings and other the appurtenances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining and of and in one Garden one Orchard three pieces or parcels of land meadow and pasture with the appurtenances containing in the whole by estimation 16 acres of land whether more or lesse situate lying and being in the aforesaid Parish of B. in the aforesaid County of K. abutting on the Kings high way there towards the South and West to the lands of the Heirs of F. A. to the South and East to the lands of A. M. towards the North and to the lands of A. H. towards the North and East as by the metes and bounds thereof as they are divided are set forth and well known So that neither I the said T. P. nor my Heirs nor any other by us for us or in our right and property title claim interest or demand of or in the said Messuage or Tenement with the appurtenances aforesaid Barns Stable with all other edifices aforesaid one Garden one Orchard aforesaid three pieces of parcels of land meadow and pasture with the appurtenances and of or in other the premises whatsoever with their appurtenances nor in any part or parcel of the same we may or hereafter ought to require claim or challenge but from every action right title claim use interest and demand in the same we are altogether excluded by these presents In witnesse whereof I the said T. P. to this present writing have put my seal Date◠c. ⧠A General Release BE it known unto all men by these presents that I R. G. of R. in the County of K. Yeoman for divers good causes and considerations me thereunto especially moving have remised released and quit claimed and do by these presents for me my Heirs Executors Administrators and Assigns remise release and quit claim unto W. M. late of P. In the County of S. Tanner his Heirs Executors Administrators and Assigns all and all manner of actions both real personal and mixt and all and all manner of Bils Bonds Obligations Debts or Duties Judgements Executions Accompts and Demands whatsoever And all and all manner of Actions which I the said R. G. my Executors Administrators or Assigns have or had may or can have against the said M. W. his Executors or Administrators in or upon Bill
Heirs and Assigns And that the said I. L. shall or lawfully may from time to time and at all times hereafter for ever lawfully and quietly have hold occupy and enjoy the said Messuages c. without any lawfull let eviction expulsion or disturbance of the said W. B. his Heirs or Assign or of any other person or persons whatsoever other than of and from such evictions and disturbances as by the Heirs or Assigns of R. B. late of B. in the said County deceased shall hereafter happen to be made by re-entry upon the said premises according unto a Condition in a certain Deed Indented bearing date c. contained by reason only for and in default of payment hereafter by the said I. L. his Heirs or Assigns to be made unto the said Heirs or Assigns of the said R. B. deceased contrary to the form of the said Condition of one Annuity or yearly Rent of payment of c. hereafter in or by the said Indenture reserved granted or payable unto the said R. B. his Heirs or Assigns of some part thereof And that the said Messuage c. and all and singular other the premises before by these presents mentioned to be bargained and sold with th' appurtenances at the time of the ensealing and delivery of these presents be and so from time to time and at all times hereafter shall continne remain and be unto the said I. L. his Heirs and Assigns clearly acquitted and discharged or else sufficiently saved harmlesse and indempnified of and from all and all manner of Morgages Feoffments grants alienations Entails Joyntures Dowers Leases Conditions of Statutes Merchant and of the Staple Recogn Rent-charges Rent-secks Arrerages of Rents Judgements Condemnations Executions and of and from all other interests titles charges and incumbrances whatsoever had made done executed committed or suffered by the said W. B. his Heirs or Assigns or by any other person or persons whatsoever The Rents and Services from henceforth to be due and payable to the Lord or Lords of the Fee or Fees thereof And one yearly Rent or payment of c. a year due or payable unto one I. B. of S. aforesaid and his Heirs And all re-entries by the Heirs and Assigns of the said R. B. hereafter to be made by vertue of the said recited Condition only for and in default of payment after the ensealing and delivery of these presents by the said I. L. his Heirs and Assigns to be made by the Annuity or yearly rent or payment of c. in or by the faid recited Indenture reserved or payable only excepted and forepâ—sed And also that the said W. B. and M. his Wife and the Heirs and Assigns of the said W. and all and every person or persons anything in the said Messuages and premises or in any part thereof having or lawfully claiming to have by from or under the said W. B. his Heirs and Assigns shall and will from time to time and at all times hereafter during the space of c. next ensuing the date of these presents upon reasonable request and at the cost and charges in the Law of the said I. L. his Heirs and Assigns knowledge make do execute and suffer or cause to be made done knowledged and executed unto the said I. L. his Heirs or Assigns or to such other person or persons as he or they shall nominate appoint All and every such further act and acts thing or things devise and devises whatsoever be it by Fine Feoffment Recovery with Voucher or Vouchers Release Confirmations with Warranty against all persons or without Warranty or by any or as many of these wayes and means or by any other lawfull assurance or assurances as by the said I. L. his Heirs or Assigns or by his or their learned Counsel in the Law shall be reasonably devised or advised And finally the said W.B. doth by these presents for him his Heirs c. further covenant and grant to and with the said I. L. his Heirs c. that the said recited Condition in the said recited Indenture contained made or reserved for the payment of the said Annuity or yearly rent or payment of c. is not nor at any time heretofore hath been by him the said W. his Heirs or Assigns broken nor that the Heirs or Assigns of the said W. B. nor any person or persons may or ought for or by reason of any default in payment of the said yearly rent or payment of the said c. nor for any other condition cause or matter whatsoever heretofore made done committed executed or suffered enter or re-enter into the said Messuage or other the premises or any part thereof or lawfully defeat the estate interest or possession of the said W. B. his Heirs or Assigns or of the said I. L. his Heirs or Assigns or any part thereof in and to the said Messuage and premises or of in or to any part or parcel thereof In witnesse whereof c. ¶ A Covenant that the Bargainer is solely seised of a rightfull estate in Fee or Fee-tayl the Reversion or Reversions not to the King ANd the said I. R. doth by these presents for him his Heirs c. covenant and grant to and with the said I. G. his Heirs c. in manner and form following viz. That he the said I. R. at the time of the ensealing and delivery of these presents is solely lawfully and rightfully seised of and in the said Manor Lands Tenements Rents Services and other the premises with the appurtenances in his own right in his demean as of Fee-simple or in Fee tail general or as heir of the tail special of an absolute estate without condition or determination otherwise than for default of issue of his body lawfully begotten with the reversion or reversions thereof in Fee-simple to him and his Heirs or to some other common person and not to the Commonwealth c. immediatly appertaining c. Covenants that the Bargainer shall made satisfaction for so much of the premises as shall be recovered from the Bargainee ANd further the said I. T. doth by these presents for him his Heirs Executors and Assigns covenant and grant to and with the said A. L. That he the said I. T. his Heirs c. shall and will likewise from time to time and at all times for ever from and after the ensealing and delivery of these presents either well and sufficiently save and keep harmlesse as well the said A. L. his Heirs and Assigns as also the said capital Messuage Lands Tenements and Hereditaments before mentioned to be bargained and sold with all and singular their appurtenances of and from all and all manner of Rent-secks Arrerages of Rents Statutes Merchant of the Staple Recog Iudgments Executions Forfeitures Amerciaments Intrusions and of and from all other interests titles charges and incumbrances whatsoever before the ensealing and delivery of these presents had made done committed or executed which at any time or
eviction expulsion or recovery by the said I. G. his Heirs or Assigns or any of them And further if default of payment of the said And that if default of paiment be made contrary to the Proviso that then he and all others claiming under him will make further conveyance and assurance c. mentioned in the said Proviso of the said Deed indented shall happen to be made contrary to the purport of the said Proviso That then if the said T. M. his Heirs Executors Administrators and Assigns and all and every other person persons whatsoever any estate interest or thing in the said Messuage c. or any part thereof having or lawfully claiming to have by from or under the said T.M. his Heirs or Assigns shall and will from time to time and at all times from and after such default in payment during the space of c. then next ensuing upon reasonable request and at the costs and charges in the Law of the said I.G. his Heirs or Assigns make knowledge do execute and suffer all and every such further Act and Acts thing and things devise and devises in the Law whatsoever for the further assurance c. and all other the premises according to the purport of the said Deed Be it by Fine Feofment c. or otherwise or by any other lawfull or reasonable assurance or conveyance in the Law with Warranty only against him the said T.M. his Heirs or Assigns which by his or their learned Counsel in the Law shall be reasonably devised or advised and required And furthermore And that he will within c. after default in payment deliver all the conveyances concerning the premises that the said T.M. his Heirs or Assigns shall or will within c. next after such default in payment well and truly deliver or cause to be delivered unto the said I.G. his Heirs or Assigns all and singular the Deeds c. concerning the said premises which the said T. M or any to his use or by his delivery now hath or which he the said T.M. his Heirs or Assigns or any other by his or their delivery or to his or their use then shall have concerning the said premises or any part thereof That then c. ⧠A Lease of Lands morgaged to the Morgager THis INDENTVRE made c. Between T. M. of c. of th' one part and I.G. of c. of th' other part Witnesseth that the said I.G. for divers good causes c. hath demised c. and by these presents doth demise c. unto the said T. M. all that the Messuage c. with th' appurtenances before by these presents mentioned to be demised unto the said T. M. his Executors and Assigns from the day of the date of these presents until the c. which shall be c. yielding c. yearly unto the said I.G. his Heirs and Assigns the sum of c. upon the Feast of c. which shall be in c. And if it shall happen the said yearly rent or sum of c. or any part or parcel thereof to be behind in part or in all at the Feast aforesaid in which the same ought For default of payment of the Rent nomine penae distresse for both power of deteiner untill full satisfaction or is limited to be paid being lawfully demanded that then the said T.M. his Executors Administrators and Assigns shall forfeit and doth for him his Heirs Executors and Administrators grant promise and agree to forfeit lose and pay unto the said I.G. his Heirs and Assigns or any of them the sum of c. in the name of a pein And that then and from thenceforth it shall and may be lawfull to and for the said I.G. his Heirs and Assigns or any of them into the said Messuage c. or into any part or parcel therof to enter and distrain as well for the said rent of c. as also for the said c. to be forfeited in the name of a pein and the distresse and Distresses there so had and taken from thence saw-fully to lead bear drive and carry and the same to withhold detain and keep untill he or they shall be aswell of the said Rent of c. as also of the sum of c. to be forfeited in the name of a pein together with his and their costs losses damages and expences by reason of the non-payment susteined fully satisfied contented and paid In witnesse whereof c. A grant of an annuity or yearly rent with a nomine penae distresse for both and a Proviso not to charge the person of the Grantor or his Heirs TO all c. Know ye me the said I. G. for divers good causes and considerations me hereunto especially moving have given granted and by this my present writing idented confirmed unto I.R. of W. in the County aforesaid Widow one Annuity or yearly rent c. good c. going and to be taken out of and in all singular my lands c. called or known by the name of D. situate lying and being in W. aforesaid and of and in all c. in the County aforesaid To hold c. the said Annuity or yearly rent c. to the aforesaid I.R. and her Assigns for and during the term of the natural life of the said ◠at four usual Feasts or terms of the year c. by equal portions to be paid And so often as it shall happen the said Annuity or yearly rent c. or any part or parcel thereof to be behind and unpaid Grant that if the rent be behind that the Grantor will forfeit so much nomine penae in part or in all by the space c. at any Feast of the Feasts aforesaid in which as aforesaid it ought to be paid that then and so often the aforesaid I. G. or his Assigns shall forfeit to the aforesaid I. R. and her Assigns c. well c. in nomine penae And that then and so often after it shall and may be lawfull to and for the said I. R. and her Assigns as well for the said Annuity or yearly rent c. or for any parcel thereof so as aforesaid nomine penae to be made into all singular the aforesaid Lands c. or into any parcel of the same to enter and distrain and the Cattel thereupon taken and had from thence lawfully to lead drive carry away and impound and altogether to keep and detain until the said I.R. Power to distrain for the nomine penae rent behind and her Assigns aswell for the said Annuity or yearly rent together with the arrears thereof if any be behind as for the said sum c. so as aforesaid nomine poenae to be forfeited shall be fully satisfied and paid of which said Annuity or yearly rent aforesaid the aforesaid I. in full and peaceable possession and seisin of the aforesaid Annuity or yearly rent
Heirs or Assigns without any accompt or other thing therefore yeelding rendring or paying And in default of such assigment after such request as aforesaid made without any assignment to take and have the same timber fewell and fire-boot cart-boot wayn-boot gate-boot and plough-boot so as before to be expended or spent and not otherwise And further the said I. M. for him his Heirs c. doth by these presents Covenant and grant Covenant that Lessee shal not sow or cause to be sown such ground by such sapce before the end of the term Covenant that if the Lessor c. shal cut down any of the woods or underwoods that then it shall be lawfull for him c. to inclose them that the Lessee shall not depasture them with any cattle other than Colts of a year old And that the Lessee c. shall at his proper costs maintain the hedges c. to and with the said H. P. his Heirs c. in manner and form following that is to say That he the said I. M. his Heirs c. shall not sow or cause to be sown any of the Marish ground before by these presents demised before the end of the said term and space of c. And further that if the said H. P. his Heirs or Assign shall at any time or times during the said term fell or cut down any of the woods or underwoods growing upon the said premises that then and so often it shall and may be lawfull to and for the said H. his Heirs or Assigns to encompasse or inclose so much of the said wood-ground wherupon such felling shall be And that after such incolosure made the said I. M. his Executors Administrators and Assigns nor any of them shall depasture or feed in the said Coppizes so to be inclosed nor put nor suffer to go there any manner of cattle other than Colts of one year old during the said term of 5 years and shall further during that 5 years at his own costs fence and maintain the said hedges and fences so to be made by the said H. P. his Heirs or Assigns In witnesse whereof c. Letter of Attorney irrevocable for the assignment of a Recognizance acknowledged in Chancery whereupon Iudgement is there had with divers Covenants therein contained to the proper use of the Assignee KNow all men by these presents That whereas A.S. c. did by Recognizance acknowledged at Westminster in the Court of Chancery tali die anno acknowledge himself to be indebted unto one I.M. c. of c. to be paid unto the said I.M. or to his sure Attorney upon the Feast c. then next following the date of the said Recogn with a certain condition thereupon endorsed as by the said Recogn and Condition more at large it doth and may appear and where sithence the acknowledging of the said Recognizance the said I. M. hath sued two Writs of Scire facias against the said A. S. in the said high Court of Chancery at Westminster upon the said Recognizance against the said A. S. as by the said Iudgement remaining of Record in the said Court of Chancery appeareth Now these presents witnesse that the said I. M. for divers good causes considerations him thereunto specially moving hath granted bargained and sold and set over and by these presents doth fully clearly and absolutely grant bargain sell assign and set over unto H. P. of c. the said Recognizance and all sums of money therein contained together with the together with the said judgement thereupon given with all such benefit advantage commodity and sums of money as the said I. M. his Executors Administrators or any of them may or can might should or ought to have receive take recover or in execution have by force or means of the said Recognizance judgement and execution or any of them And further the said I. M. doth by these presents for him his Executors c. ordain constitute and in his place put and appoint the said H. P. during the natural life of the said H. and lawfull Attorney or Attorneys irrevocable for him and in the name of him the said I. M. during his life and of the Executors c. of him the said I. M. after his decease to ask demand receive recover and in execution to take levy and have of and against the said A. S. the Executors and Administrators of the said A. S. or any of them all or any of the said sums of money mentioned contained or specified in the said Recognizance and all and every such sum and sums of money as is already recovered or may arise grow due or payable upon or by reason of the said Recognizance and judgement or any of them and execution or executions in the name of the said I. M. his Execut c. upon the said Recognizance and judgement thereupon given at the cost and charges of the said H. P. his executors c. to take have sue forth and levy And … uch sum and sums of mony as shall or may be had taken recovered or levied upon or by reason of the said Recog and judgement thereupon given or either of them to receive perceive take have and detain to the proper use and behoof of the said H. his Executors c. without any accompt or other thing therefore yeelding rendring or paying unto the said I. M. his Executors c. And in default of payment of all or any part of the said sum or sums of money mentioned in the said Recogn to Arrest sue or implead or execution to take against the Heirs Executors or Administrators of the said A. S. or any of them upon the said Recogn or judgement as upon either of them in any lawfull Action or Actions Sute or Sutes Plaint or Plaints in any Court or Courts of the Commonwealth of England for or in the name of the said I. M. his Executors or Administrators And judgement and execution thereupon to take and have And Attorney or Attorneys for in or concerning the said premises or any part thereof for or in the name of the said I. M. his Executors c. to make constitute ordain and appoint and them also at his and their will and pleasure to alcer revoke change and remove And further to make do execute and commit or cause to be made done executed and committed in the name of the said I. M. his Exec. c. all and every matter and thing Act and Acts whatsoever meet necessary expedient or convenient for the recovery levying having or execution making taking or having of all or any of the sum or sums of money mentioned or contained in the said Recogn and judgement thereupon given or either of them and all and singular such sum and sums of money or other thing as he the said H. his Exec. c. shall by reason of the said Recogn or judgement or Execution thereupon to be had made or taken have take levy
whatsoever the rents due to the chief Lord of the fee excepted Secondly the usual Covenant of further ussurance c. if the Bargainee perform the Condition And lastly the usual Covenant to deliver the deeds and evidences if the Bargainee perform the condition to the Baagainee before or at a day certain Note that these Covenants are not always thus placed but are sometimes transposed and altered as may appear by the Presidents before And Indenture of bargain sale and to lead the use of a fine to be levyed THIS INDENTURE c. Between I. G. c. and I. his wife of the first party I. H. c. on the second party and H. P. c. on the third party Witnesseth That the said I. G. and I. his Wife and I. H. for divers good causes and considerations c. hath granted bargained and sold and by these presents c. unto the said H. P. all those lands c. with all and singular their appurtenances situate lying and being c. commonly known or called by the name of c. containing in all by estimation c. whether more or lesse and all and singular other the lands c. of them the said I.G. I. his Wife and I.H. or either of them in H. aforesaid And further the said I. G. and I. his Wife The usual clause of sale of the deeds which c. with covenant to deliver the to the Bargainee before a day certain and I. H. do by these presents bargain and sell unto the said H. P. the reversion and reversions remainder and remainders of all and singular the said land c. and other the premises with th' appurtenances together with all and singular the Deeds c. concerning only the said lands and other the premises or any part thereof which said Deeds c. or so many of them as they the said I. G. and I. his Wife and I. H. have or either of them hath in their or either of their custody or possession or which they or either of them may lawfully come by without sute in Law the said I. G. for himself and his Wife and the said I. G. for him his c. doe by these presents covenant to and with the said H. P. his Heirs and Assigns well and truly to deliver or cause to be delivered unto the said H. P. his Heirs or Assigns on this side and before the Feast of c. so whole safe uncancelled and undefaced as they are at the time of the delivery of these presents To have c. unto the said H. his Heirs and Assigns for ever to the only use and behoof of the said H. P. his Heirs and Assigns for ever And it is further covenanted granted concluded condescended and fully agreed by and between all the parties to these presents in manner and form following that is to say that they the said I. G. and I. his Wife and I. H. shall and will before the Feast of c. at the costs and charges in the Law of the said H. P. his Heirs c. before the Justices of the Court of Common pleas at Westminster knowledge one Fine sur Cognizance de droit come ceo q'il ad d. son don unto the said H. P. with Proclam according to the Stat. in that case provided in due form of Law to be levied of all and singular the said Lands c. and other the premises with th' appurtenances by certain names number and quantity of Land in the said Fine to be contained By which said Fine so to be knowledged and levied the said I.G. and I. his Wife and I.H. shall acknowledge the said Lands c. and all other the premises before mentioned to be bargained and sold with th' appurtenances to be the right of the said H. P. as these which the said H. P. shall have of the gift and grant of the said I. G. and I. his Wife and I. H. c. and the same shall release and quit claim unto the said H. P. his Heirs and Assigns for ever which said Fine so to be knowledged and levied and the execution thereupon to be had and taken and the said Lands c. and other the premises shall be to the only use and behoof of the said H. P. his Heirs and Assigns for ever and not to any other use or intent Now followeth the usual Covenants that the Lands are and shall be discharged or saved harmlesse from all former bargains incumbrances c. except the Rents c. due to the chief Lord of the Fee and one Lease heretofore made that the Bargainee shall peaceably enjoy without eviction or disturbance c. and lastly the Covenant for further assurance c. An Assignment of a Lease THIS INDENTVRE c. Between E. A. c. of th' one part and W. S. c. of the other part Witnesseth That whereas the Right Honorabfe A. V. M. c. did by Indenture bearing Date c. demise c. unto W. A. all that the Site of the Manor or Farm of P. with the houses c. Recite the Original Lease unto the end of the payments of the Rents with clause of re-entry for non payment of the said Rent as in and by the said Indent amongst other things more at large it doth and may appear The estate right and interest of which said W. A. of in the said Site of the said Manor and other the premises the said E. and E. A. by good and lawfull assurance and conveyance in the Law hath sithence obtained and now hath and holdeth And whereas the said A. V. M. did further by the said recited Indenture make divers and sundry Covenants Grants and agreements to and with the said W. A. his Executors and Assignes Now these presents witnesseth that the said E. A. for the sum of c. to him by the said W. S. before the delivery of these presents well and truly paid whereof the said E. acquitteth the said W. his Heirs c hath given granted assigned and set over unto the said W. S. all the said term of years yet to come and unexpired of and in the said site and other the premises And all the estate right title interest and term of years which the E. A. at the time of the ensealing and delivery of these presents hath yet to come and unexspired of and in all and singular the said Manor Lands c. and other the premises in the said recited Indenture mentioned to be demised with all and singular their appurtenances together with the said recited Indenture of Lease and all such benefit advantage and commodity as the said E. his Executors or Assigns can or may have receive perceive or take by means of the said recited Indenture and demise or by reason of all or any of the Covenants Grants and agreements in the said Indenture contained To have and to hold the said Manor c. and other the premises before
c. to digg draw have take and carry away such and so much Iron Mine Iron wear and Iron stone out of all or any of the said lands or grounds of the said F. and E. or either of them within two miles of the said Furnace and also out of the said land ground or soyl of other men within two miles of the said Furnace And to have places there to lay the said Mine and reasonable and convenient wayes for the fetching and carrying thereof to the said Furnace without trouble let molestation or impeachment of the said F. and E. their Heirs c. or either of them or any of the Owners of the said lands ground or soyl or any other person or persons whatsoever And the said F. and E. do and either of them doth by these presents for them and either of them and the Heirs c. of them and either of them Covenant Covenant that the Lessee c. shall have free ingresse egresse and regresse and convernient ways c. with Carts for carrying wood cole mine c. to be imployed about the making of Iron in the said Furnace to and with the said H. and M. their Executors c. and to and with either of them And to the said H. and M. their Executors c. and to either of them by these presents do grant that it shall be lawfull for and that they the said H. and M. their Executors c. and either of them and their Servants and Workmen and every of them may and shall from time to time and at all times during the said term have free liberty ingresse egresse and regresse and convenient and necessary wayes in by over and through the ground and soyl of the said F. and E. their Heirs and Assigns and such other grounds wherein wood shall be as aforesaid to them or any of them appoointed with Carts Wains and Carriages for the carrying of Wood Coal Mine Iron sowes Earth Sand Dust Cover Sinder and other necessary stuff or implements to be occupied or imployed in or about the making of Iron in the said Furnace Forge or Iron work to or from the same or to be imployed or used in or about the said Iron works or about the making of coles or other imployments whatsoever touching the same Covenant that the Lessee may make Colliers Lodges places to make Coles in any convenient place c. to make Colliers Lodges and also to dig and make necessary place places to make coles in any convenient place or places within any the woods ground or soyl of the said F. and E. or in any other grounds wherein the said F. and E. or either of them shall assign or appoint them to fell wood as aforesaid within two miles of the said Iron words and to cut and take Fern and Cover and to digg and take as well places for Cole-pits as also necessary and convenient earth or dust for the covering and healing of their Covenant to cut Fern and Cover to dig earth or dust for covering of the Colepits or other use for the making Coles to be spent in the Iron works Convenant to digg earth stone gâ—â—te clay oâ— any other stuff for repairing or new making the banks bays c. in places most convenient least hurtfull and either of their Cole-pits or other uses which shall be made and used for the making of Coles to be spent and imployed in the said Iron works And earth stone grite clay or any other stuff necessary for the repairing maintaining amending or new making if need shall so require of all or any of the banks bays damms ponds sluces gutters or other necessaries of the said ponds waters water-courses and Iron-works or any of them from time to time and at all times during the said continuance as aforesaid as need shal require in such place and places of the ground and soyl of the said F. and E. as shall be most meet and convenient for the taking thereof neer unto the said ponds where the same shall be needfull to be used and least hurtfull unto the said F. and E. their Heirs and Assigns or any of them And the said H. and M. doe and either of them doth by these presents for them and either of them Covenant and grant to and with the said F. and E. their Heirs and Assigns and every of them that the said H. and M. their Executors Convenant that the Lessees if they shall lawfully take enjoy the 503 Cords of wood c. will pay so much to the Lessors c. shall and will in and upon the Feast of c. which shall be c. or within c. next ensuing if they the said H. and M. their Executors c. or any of them shall or lawfully may by vertue of these presents in the year next before the end of the said Feast of c. which shall be in c. have take and enjoy the said number of 500 Cords of wood before mentioned by the assignment and appointment of the said F. and E. their Heirs c. or either of them or otherwise without assignment upon the Lands and Soyl of the said F. and E. or one of them within two miles of the said Iron-works according to the purport and true meaning of these presents well and truly content and pay or cause to be paid unto the said F. F. or his Assigns if he shall then be living or to the said E. his Heirs or Assigns if he the said F. shall be then dead at or in the said Iron Forge the sum of amp c. at one whole and entire payment And furthermore that the said H. and M. their Executors c. shall and will from and after the Feast of The like Covenant as before upó lawful enjoyment c. to pay such a sum yearly c. which shall be c. upon the Festival day of the c. in every one of the residue of the said years which shall be then to come of the said term of c. or within c. after in which they the said H. and M. their Executors c. or any of them shall or lawfully may by vertue of these presents have take and enjoy the said 500 Cords before mentioned by the assignment and appointment of the said F and E. their Heirs c. or either of them or otherwise without assignment upon the Lands and soyl of the said F. and E. their Heirs c. or either of them within two miles of the said Iron works according unto the purport and true meaning of these presents well and truly content and pay Covenant that the Lessee in default of payment of the said several sums shall feit so much nomine pane Covenant to keep the Lessee harmless from all outrages spoils c. of the said Iron c. Colepits c. houses c. and breaking up of the Ponds c. unto
out of the said demised premises except before excepted in by from or under the said I. L. according to the purport of these presents not only to content and pay or cause to be contented and paid unto the said I. L. or his Assigns the said several yearly Rents or sums before reserved at the place aforesaid and at the said Feasts in manner and form aforesaid and the sums of c. nomine poenae if any shall happen to be forfeited and due But moreover also for and in respect that the said I. L. is known to be a learned man and very sufficient to preach the Word of God The yearly rent of 20 l. of c. at the place aforesaid at and upon the Feasts of c. by even portions to be paid yearly during the said term And if the said yearly sum of c. or any part thereof shall happen to be behind and unpaid at the place aforesaid by the space of c. next after any of the said two last recited Feasts in which it is limited to be paid as aforesaid then further to forfeit and pay unto the said I. L. and his Assigns the sum of c. more in the name of a pein for non-payment thereof And whereas the said I. L. hath heretofore agreed severally with the several persons here under named that is to say c. that they shall severally have retein and enjoy all their Vicaridge Tithes belonging due or payable to the said Vicaridge or to the Vicar there for the Lands Tenths and other things in T. aforesaid which they held occupied and enjoyed at the time of the said agreement except the Tenths and Tithes of Corn and Grain growing or to grow in the Meadows of all or any the said persons last before mentioned except of the said c. commonly called the Meadow corn they severally paying therefore unto the said Lessor at the place and Feasts aforesaid by even portions in form following that is to say the said c. paying thereof Covenant that where the Lessor had made composition with certain persons to retain their Tithes paying so much that they shall retain them according to the agreement without interruption paying the composition c. Now the said I.C. C.F. c. do for them their Heirs c. every of them doth for himself his Heirs c covenant and grant to and with the said I. L. his Executors c. that the said severall persons with whom the said agreements hath bin by the said I.L. as aforesaid made shall if they so will without let or interruption of the said I.C. C.F. c. or of either or any of them or of the Executors c. of them or of either or any of them have hold and enjoy the said Vicaridge Tithes for which they have agreed for with the said I. L. according to their agreement during the continuance of this present demise without any other payment or charge other than such as they have agreed with the said I. L. to pay as aforesaid So as the said several persons with whom the said agreement hath been made as aforesaid shall and will yearly during the said term if the said I.L. shall so long continue Vicar there well and truly pay unto the said I.C.C.F. c. or to any of thē or to the Exec. c. of the survivor or survivors of thē the said several sums of mony Rents or payments reserved or payable by the said agreement for the Tithes of the said Lands at the Church porch aforesaid at the said four several Feasts viz. c. Covenant that the Vicar shall be resident upon his Cure without being absent above c. in any one year Covenant that the Lessees shall peaceably enjoy without interruption c. and that saved harmles of all former grants except c. And the said I. L. doth for him his Executors c. Covenant and grant to and with the said I.C.C.F. c. and every of them and to and with the executors c. of them and every of them by these presents in manner and form following that is to say that the said I L. during so long as he shall continue remain or be Vicar of the said Parish Church shall be ordinarily resident at and serving the cure of the said Parish Church and Benefice of T. aforesaid without being absent frō thence above c. in any one year and that the said I.C.C. F. c. and the survivor or survivors of them and their Grantees c. aforesaid shall or may for the rent aforesaid and under the covenants grants and agreements in these presents conteined lawfully and peaceably have hold perceive and enjoy the said Vicaridge Tithes and other the premises before by these presents mentioned to be demised except before excepted during the said term without any lawfull eviction or expulsion let or disturbance of the said I. L. or his Assigns and that saved harmlesse of all grants leases and incumbrances heretofore made or committed by the said I. L. or his Assignes The said several grants made and agreed upon by the said I.L. unto the several persons above named for their Tithes and Tenths aforesaid whereupon such several Rents or payments as aforesaid be reserved which shall or ought during the said agreement to be paid or in any wise payable unto the said I.C. C.F. their Executors c. during the said term only excepted and foreprized Covenant that all actiōs depending for or concerning any Vicaridg Tithes shall at the costs of every Plaintiff be withdrawn c. without recovery of costs c. Covenant that wheredebate controversie now is concerning the manner of tithing whether it ought to be in kind or a modus c. this Indent nor any thing therin shall estoppe either the Vicar or parishioners but that the one may claim the Tithes in kind th' other the modus And it is further concluded and agreed by and between the parties to these presents that all such plaints action sutes as are now depending between the said c. and all either or any of the parties to these presents or any other of the Parishioners of the Parish to T. aforesaid for and concerning any matter or cause touching any Vicaridge Tithes belonging or supposed to belong unto the said Vicaridge or Vicar there shall at the cost and charges of every several Plaintiff in every such sute plaint or action be withdrawn discontinued and non-suted without recovery or demand of any costs or damages for or by reason of any such plaint or sute or of any Retraxit non-sute or discontinuance thereof And for that certain controversies have heretofore risen and were at the making of these presents depending between the said I. L and the said parishioners of the Parish of T. aforesaid or some of them touching the Vicaridge Tithes and manner of tything thereof The said I. L. claiming to have the said Tithes
in their kind according to the Common course of the Ecclesiastical Laws and the said Parishioners claiming to be discharged of such manner of Tithing and to pay only in respect thereof certain several sums of money by antient custome time out of mind used in the said Parish as they pretended which said controversies for that the same have not been decided by course of Law but only agreement made by mediation of T.P. and I. C. Esquires and of certain other friends on both parties It is therefore by these presents provided concluded condescended and agreed by and between all the parties to these presents that this Indenture or any thing therein contained shall not in any wise extend or be taken to extend to be any determination dismission or decession of or concerning the right of the said Tithes and Tenths or the manner of Tithing thereof nor to make any full conclusion Estoppel or determination between the said Vicar and his Successors and the parishioners of the said Parish that now be or hereafter shall be but shall only be taken for a personal agreement between them for quietnesse sake so that the said Vicar and his Successors or any of them after the determination of this present demise shall be at liberty to claim and sue for the Tithes of the said Vicaridge in their kind if he or they shall so think good And that the Parishioners of the said Parish which now or hereafter shall be and every of them shall in like manner after the determination of this present Demise be at their liberty to defend such sute and claim and to claim and maintain such customs as they have or claim for their discharge of paying their Vicaridg Tithes in their kind at their pleasure This Indenture or any thing in these presents contained to the contrary notwithstanding In witnesse whereof c. A Letter of Attorney to make Leases and to receive Rents and accompts for the profits of lands making the Grantee Bayliff and Receiver to the Grantor irrevocable for certain years TO all Persons to whom this present Writing shall come I. R of c. sendeth greeting Know ye that I the said I. R. for divers good causes c. have given granted and by these presents do give and grant unto I T. of c. aforesaid in the said County of K. full and absolute power and authority irrevocable for and during the said term of c. from the day of the date hereof next and immediatly ensuing for me and in my name by writing Indented or by several writings Indented or otherwise by paroll as to him shall seem good to demile grant and to farm let all and singular my Messuages Lands Tenements and Hereditaments whatsoever with all and singular their appurtenances set lying or being in the several Parishes of c. or else where soever within the County of K. or part or parcel of the said premises as to the said I. T. shall seem meet and convenient So that the said Lease or Leases do not exceed the number of c. years from the time of the date of these presents And so that the usual and accustomed Rent be yearly reserved and yearly payable unto me the said I. my Heirs and Assigns during the said term And for all other Covenants Grants agreements and conditions to be contained in the said several demises by writings indented or otherwise as to the said I. T. shall be likewise thought most meet and convenient And also in my name to seal and deliver as my deed the one part of all and every such writings indented to be made in form before rehearsed And the one part of the said writing indented which by the said I. T. in my name shall be in form afore rehearsed made to and for my use with him to retain and keep And I the said I. R. my Heirs and Assigns shall at all times hereafter ratifie confirm and allow all and every Act and Acts thing and things which the said I. T. in my name shall do in the premises And further know ye that I the said I. K. have made constituted and appointed and doe by these presents make constitute and appoint for and during the full time and term of c. years from the day of the date hereof next ensuing fully to be compleat and ended the said I. T. my Bayliff and Receiver to my use and behoof of all and singular the Rents issues and profits of all and every my Messuages Lands and Tenements with their appurtenances set lying and being in the said Parishes of c. or else where in the County of R. And furthermore do by these presents in my stead and place put and constitute the said I T. my true and lawfull Attorney irrevocable for and during the said time and term of c. as aforesaid for me and in my name and to my use behoof to ask levy recover and receive all and singular the rents of all my lands and hereditaments with the appurtenances heretofore due and owing unto me and all accompts for the same to take and also to levy and receive to my use as aforesaid all and singular such debts duties sum and sums of money as are or shall be due or owing unto me the said I. R. by any person or persons whatsoever for or in any sort concerning any my Messuages Lands and tenements aforesaid giving and granting by these presents unto my said Attorney full power and authority for me and in my name and to my only use to sue arrest Grant that the Bayliff or receivor shall retain and keep to his own use of the profits of the lands and sums received all his charges and expences sustained about the premises Covenant that the grantor will not revoke not make void this grant nor any authority therein given nor do any thing to hinder the grantee in executing the premises implead and condemn every of my debtors and accomptants aforesaid and at his liberty such person and persons out of prison to deliver or cause to be delivered and upon any receipt of any sum or sums of money to my use to be received of any person or persons as aforesaid acquittance or other lawfull discharges for the same for me and in my stead and name to make seal and deliver as my deed or deeds and I the said I. R. do by these presents for me my Heirs c. grant and agree that he the said I. T. shall keep and detain to his own use of the rents and profits of my lands and tenements and of such sum and sums of money as he shall receive to or for my use by virtue of this my deed all and singular such costs charges and expences whatsover which he shall lay out disburse sustain and be put unto in or about the premises or in or about the executing of this my power and authority by these presents unto him given and I the said I. doe further by
repeal revoke or make void all the said estates uses remainder and limitations before in these presents mentioned or any of them of c. in the premises or any part thereof And shall by any writing or writings signed with his own hand and seal in the presence of two credible witnesses at the least signifie and declare that his intent and mind is to alter change repeal revoke or make void the said estates uses remainders and limitations or any of them that then and at all times after such writing and writings shall be so signed and sealed all the said estates uses remaiders and limitations before in these presents specified and declared and every any or so many of them as shall be mentioned in the said writing or writings of revocation to be repealed revoked or made void of or in the said premises or any part or parcel thereof shall from thence forth cease determine and be repealed revoked and utterly void for ever And that then and at all times after he the said R.S. his heirs and assigns and all and every other person and persons whatsoever which shall be then seized of the said premises with their appurtenances or any part or parcel thereof shall stand and be seized thereof or of so much thereof as shall be mentioned and conteined in the said writing or writings of Revocation to the only use and behoof of him the said E. G. his heirs and assigns for ever or to such other uses intents or purposes as in the said writing or writings of Revocation shall be limitted declared and appointed and to none other use intent or purpose whatsoever any thing before specified to the contrary in any wise notwithstanding In witnesse whereof c. An Assignment of a Debt unto c. TO all Christian People c. Sir E. H. Knight sendeth greeting in our Lord God everlasting Whereas J. S. late of H. in the County of K. Esq deceased by the name of J. S. of Lincolns Inne in the County of Middlesex Esq by his obligation bearing date c. standeth bound unto the said Sir E. H. in the sum of c. for the payment of c. to one c. upon the c. now last past for payment whereof to the said I. C. the said E. was bound with the said I. at the request of the said I. in the sum of c. Of which bonds to the said I. C. the said I. by the condition of his said bond to the said E. was to discharge and acquit the said E. at the said day with money not being paid in default of the said I. the said E. hath paid and so recite other obligations if it so require c. And whereas W. G. Citizen and Merchant of London one of the Farmors of the Customs and Subsidies within the Commonwealth of England and Dominion of Wales standeth indebted unto c. in divers sums of money by reason of the said Farm Now know ye that the said Sir E. H. for and towards the payment and satisfaction of such sums of money as the said W. G. doth or shall owe unto c. â—â—th given granted assigned and set over and by these presents doth give grant assign and set over unto c. his heirs and successors the said Obligations so to him the said Sir E. H. made as aforesaid and the several sums of money in them Proviso that if the Treasurer Châ—ncellor c. shall mislike or disallow the assignment so declare under their hands in writing or by order of Court That then the assignment shall be void for so much as is not levyed towards the payment of the debts of the Farmer unto the c. so that the Farmer have allowance for so much as is paid so that the Obligation be in force and redelivered unto the Assignor not cancelled defaced or made void and every of them conteined Provided that if it shall happen that the said several sums mentioned in the said several Obligations cannot or be not to be levied and had by c. his heirs and successors in such time and sort as the Lord Treasurer Chancellor and Barons of the Exchequer for the time being or any two of them for any cause hereafter shall mislike or disallow of the said assignment and so declare under their hands in writing or otherwise order in the said Court that it shall not be convenient for c. his heirs and successors to accept and take the said several sums conteined in the said Obligation or any part or parcel of them towards the satisfaction of such sums of money as the said W. G. now doth or shall hereafter owe unto c. his heirs or successors by reason of the said Farm and thereupon shall take order that the same or any part thereof shall be returned back again to the said Sir E. H. his executors or administrators That then and from thenceforth this assignment for such of the said several sums or such part thereof as either shall be unlevied or unsatisfied to c. for and towards the payment of such sums of money as the said W. G. doth or shall owe as aforesaid declared or ordered not convenient to be taken or continued to c. shall be and remain void in such sort as if his Assignment had not been made accepted or allowed of So at the said W. G. his executors administrators and assigns may have allowance and defalcation out of the said Debts of so much as shall be before that time of misliking paid answered or satisfied to c. his heirs or successors by reason of the said Assignment and so also that the said Obligations and the interest of them may be in force effect and redelivered unto me the said Sir E. H. my executors administratâ— or assigns not defaced cancelled or otherwise made void any thing herein conteined to the contrary thereof in any wise notwithstanding In Witnesse whereof c. Capt. Recognit and usâ—m dâ—cti Dommi Regis die Anno infra script coram Jacobo Altham milit unro Baron c. An Indenture by a High Sheriff deputing one to be his Vnder-Sheriff This Indenture c. Between Sir I.L. of c. Knight Sheriff of the Counties of Surrey and Sussex of th' one part and R.K. the younger of W. in the County of Surrey Gent. on the other part Witnesseth that the said Sir I. L. of assured hope and trust that he hath that he the said R K. will honestly uprightly and sufficiently discharge the office and duty of under Sheriff towards the Commonwealth and therein discharge him the said Sheriff and for the confideration hereafter mentioned hath been pleased and contented to assign depute ordain constitute make c by these presents doth assign depute ordain constitute make the said R. K. his under Sheriff of the said County of S. authorising hereby the said R.K. according to the Covenants and agreements in these presents
shall be and enure and the Recoverers and Cognizees therein named and every of them and their and every of their Heirs shall stand and be seized of every such parcell of the premises whereof or wherein there shall be such disturbance or interruption made done committed or procured as aforesaid to the use and behoof of every such Person and Persons to whom any Estate or estates use or uses herein by these presents limited or appointed respectively or according to his and their severall Estate and Estates interest and interests and the use of the Heires or Assignes of him or them that shall be disturbed or interrupted any thing c. notwithstanding That is shall be lawfull for Sir R. B to revoke the uses and to create new Provided likewise and the true intent and meaning of me the said Sir R.B. is That it shall and may be lawfull to and for me the said Sir R B. and that I the said Sir R. B. shall have full power at all times hereafter and from time to time at my will and pleasure by any my Deed or Deeds writing or writings or by my last Will and testament in writing by me sealed and subscribed in the prefence of two or more credible Witnesses to alter change diminish enlarge revoke frustrate cease determine extinguish or make void all and every or any the use or uses Estate and Estates before in these presents limited expressed mentioned declared or appointed to any Person or Persons of and in the said Barony c. or in any of them or in any part or parcell of them or any of them and thereof or of any part thereof to declare create limit or appoint any other use or uses Estate or Estates to any Person or Persons aforesaid or to any other Person or Persons whatsoever in such sort manner and forme and for such Estate and Estates terme and termes as I the said Sir R. B. shall think meet and convenient and that at all times and from time to time immediately from and after such alteration change diminution enlargement revocation determination or making void of all of any the use or uses Estate or Estates before in these presents expressed Jimited mentioned declared or appointed and creation limitation determination or appointment of any other use or uses Estate or Estates And that so often as I the said Sr R. B. shall make any such alteration change diminution enlargement revocation or determination of use or uses Estate or Estates and creation declaration limitation or appointment of any other use or uses Estate or Estates all and every such and those use and uses Estate and Estates of and in the said Barony c. or of and in any part or parcell thereof which I the said Sir R. B. at any time or times hereafter in or by any such Deed or Deeds writing or writings or by my last Will and testament in writing by me sealâ—d and subscribed in such presence manner and for me as is aforesaid shall alter change diminish enlarge revoake determine extinguish cease or make void And that then and immediately from thenceforth the said before mentioned Fine or Fines Recovery or Recoveries and all and every other conveyance and conveyances assurance and assurances in the law whatsover heretofore had made knowledged or suffered or at any time hereafter to be had or made of the said Barony c. or of any part thereof according to the true intent and meaning of these presents shall be and enure and shall be adjudged deemed construed and taken to be and enure and the said Cognizee and Cognizees of the said Fine or Fines Recovery or Recoveries and the Survivors and Survivor of them their and every of their Heires and the Heires of the Survivor of them shall immediately from thenceforth stand and be seized of and in the same premises whereof any such creation declaration limitation or appointment of other usue or uses Estate or Estates terme or termes shall be made as is aforesaid to and for such use and uses Estate and Estates intents and purposes and of such Person and Persons and in such sort manner and forme as I the said Sir R.B. in or by such Deed or Deeds writing or writings or by my last Will and testament in writing by me sealed and subscribed in presence as is aforesaid shall from time to time create declare limit expresse or appoint and to none other use intent or purpose these presents or any thing therein contained to the contrary thereof in any wife notwithstanding In witnesse c. An Indenture of Covenants of Marriage and fore repayment of Marriage-money if either Party die before Marriage With other special Covenants THis INDENTVRE made c. Betweene I.R. of the one part and R.W. of the other part Witnesseth That it is Covenanted concluded condescended and fully agreed upon by and between the said Parties In consideration of a Marriage to be had for and in consideration of a Marriage to be had and solemnized between R. R. Sonne of the said I.R. and K.W. Daughter of the said R.W. in manner and forme following viz. First the said I.R. doth Covenant and grant for himselfe and R.R. his Sonne to and with the said R.W. his Executor c. by these presents That the said R.R. within twenty dayes next after the Feast of c. shall Marry and take to his Wife the said K.W. and her Espouse and Wed according to the Ecclesiastical Lawes of this Realme if the said K. will thereunto consent and agree and the Lawes of the holy Church will it permit suffer And likewise the said R. W. doth Covenant and grant for him his c. to and with the said I.R. his c. by these presents that she the said K.W. within c. ut supra In consideration of which Marriage so to be had and solemnized the said R.W. at and before the ensealing of these presents hath well and truely contented and paid unto the said I.R. the summe of c. whereof and wherewith the Acquittance And the said I.R. for him his c. doth Covenant and grant to and with the said R.W. his c. by these presents That if either of them die before marriage then I.R. to repay the money That if in case it happen the said R.R. and K.W. or either of them to decease and die before the Feast of c. and before the said Marriage had and solemnized as aforesaid That then the said I.R. his c. shall well and truly content and repay or cause to be contented and repayed to the said R.W. his c. at one whole and entire payment the said summe of c. within the space of c. next ensuing the day of the death of the said R. and K. or either of them so deceasing before the said Feast of c. and before the said Marriage had and solemnized And also the said I.R. doth Covenant That if R.R.
refuse to marry her then I.R. to repay the money c. That in case it fortune the said R.R. his Sonne to disagree and refuse to marry and take to his Wife or doe not marry and take to his Wife the said K.W. or that any other default mislike or impediment do or shall arise grow or happen on the part and behalfe of the said R.R. or the said I.R. or either of them or by their or either of their assent or procurement whereby or by meanes whereof the said Marriage shall not or doe not take effect between the said R. and K. in manner and forme aforesaid according to the true intent and meaning of these presents That then the said I.R. his c. shall and will well and truely content and pay or cause c. unto the said R.W. his c. the summe of c. at one whole and entire payment within thirty daies next after the said Feast of c. without Covin fraud or delay * Proviso that if I.R. doe pay 100l then he shall be quit of the two former Covenants Provided alwaies and neverthelesse it is the intent and meaning of these presents and of all and every the Parties to the same That if in case the said I.R. his c. doe or shall doe at any time hereafter well and truely and without all fraud and covin satisfie and pay or cause c. unto the said R.W. his c. the summe of 100l for or by reason of any breach or not performance of either or both the said two Covenants or Articles of agreement by these presents last before mentioned and set downe and for by reason or in consideration of the said two last recited Covenants or Articles or either of them not performed and kept by the said I.R. and R.R. or either of them according to the tenour and true meaning of the same The then and from thenceforth and in such case that is to wit immediately from and after and upon the true payment of the said summe of 100l so by him the said I.R. his c to him the said R.W. his c. had and made as is aforesaid he the said I.R. his c. shall stand and be clearly acquitted and discharged against him the said R.W. his c. of and from the said two Covenants and Articles last above mentioned and of and from all manner of summes of money penalties and forfeitures due and to be due by reason of any breach or non performance of the same Covenants or Articles or any other clause or Article or thing in these presents contained to the contrary c. And also the said I.R. doth Covenant c. That he the said I.R. shall and will well and sufficiently maintaine That I.R. shall provide all things for R.R. K.W. and their issue during R.R. life provide for find keep and sustaine the said R.R. and K.W. 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 betweene them the said R. and K. so had and solemnized as aforesaid during the natural life of him the said I.R. with sufficient and convenient meat drink clothing lodging and all other necessaries to them belonging according to their and every of their calling Estates and degrees And further the said I.R. doth Covenant c. And that I.R. shall give unto them the sum of c. and other goods That he the said I.R. after the said marriage so had between the said R. and K. as aforesaid shall and will either in the life time of him the said I.R. or at the time of his death leave give grant devise bequeath or assure convey content and pay or cause to be truely contented and payed unto the said R.R. and K.W. or to the said K. if she happen to survive the said R. or if it happen the said K. to be then dead then to such issue Child or Children between them the said R. and K. begotten as shall then happen to be living the summe of c. at one whole and entire payment and also such and so much implement of houshold and houshold stuffe corn cattel bedding instruments tooles furniture of husbandry and other necessaries of his owne proper goods and chattels of every sort and kind as shall amount to and be of the full value of c. or more That she shall enjoy all that Messuage c during her life and after her decease then her Children or else I.R. to pay them 200l And moreover the said I.R. doth also covenant c. That she the said K. and her Assignes after the said marriage so had and solemnized during her natural life and after her decease such Child and Children as between them the said R. and K. shall fortune to be begotten during the life and lives of such Childe and Children shall and may quietly and peaceably enter into have hold occupie possesse and enjoy to her and their owne proper use and uses all and singular that Messuage or Tenement with the appurtenances situate c. now in the occupation of c. and all Houses edifices orchards gardens Lands Tenements leasowes medowes pastures feedings commons heathes and turbaries to the same belonging or appertaining or used and occupied therewith or with any part or parcel thereof immediately from and after the death and decease of the said I.R. without any let suit vexation expulsion eviction or disturbance of any person or persons whatsoever Or else that he the said I.R. his c. shall truely content and pay or cause c. unto the said K W. or her Assignes or to such Child or Children as shall fortune to be begotten between the said R. and K. and then be in full life the summe of c. within two dayes next ensuing the day of the death of the said I.R. at the free choice and election of the said K. or of such Child or Children so to be begotten and then living as it aforesaid * Provided that M. the Wife of I.R. shall enjoy the third part of the Lands till she be married Provided alwaies and neverthelesse it is the true intent and meaning of these presents and of every the parties to the same That the said R. and K. either of them and the issues of their two bodies and every of them at all times from and after the death and decease of the said I.R. shall permit and suffer M. now Wife of the said I.R. if in case she the said M. be then living and in plaine life quietly and peaceably to enter into have hold occupie possesle and enjoy the third part of the said Messuages or Tenement with the appurtenances c. so long and for and during only such time and terme as she the said M. doth or shall keep her selfe sole and unmarried and of honest report and same without interruption of disturbance Any clause or
of c. next ensuing the Date of these presents according to the conditions of several obligations The Demise to H.H. Have demised betaken and to farme letten and by these presents do c. unto the said H H all their said Cisterne or Cisternes tower place or store for water and the use of all and every the said Engines buildings and water-works at or near the said Wharf called c. heretofore made and erected by the said B B. or by his Assignee or Assignes or by his or their appointment or by any other for conveying of water into certain places in the said City of London and the Liberties thereof our of the said River of Thames as abovesaid and free egresse and regresse to and from the said water works and place of store and receipt for water and all the said place and plat of ground containing by estimation c. where the said Cisternes Engines and Water-works are imployed built and erected and the use of all and every other the premisses with the appurtenances in and by the said original Indenture of Lease to the said T. P. granted as aforesaid together also with all and singular other the authorities priviledges preheminences matters liberties powers and things whatsoever granted passed or conveyed to the said T P by the said original Lease in as large and ample manner to all intents and purposes as they the said Sir G A. T H. c. may or might have use exercise or enjoy the same by force of the said Original Lease and mean Assignements aforesaid and the reversion and reversions of the premisses and of every part thereof for the terme only these presents demised and expressed and all rents yearly profits whatsoever reserved upon any whatsoever under-Lease Demise or Grant made of the premisses or of any part or parcel thereof before the ensealing of these presents To have and to hold the said Cisterne and Cisternes Habend ' for 400 years tower place of store or receipt for water and the use of the said Engines Buildings Water-works and the said place or plat of ground aforesaid where the said Tower is erected and all benesits authorities priviledges powers profits and commodities and all and every other the premisses with the appurtenances by these presents mentioned and intended to be demised unto the said H.H. his c. from the Feast day of c. next coming after the Date of these presents unto the end and terme of 400. years from thence next ensâ—ing and fully to be compleat and ended Yeilding and paying for the yeare of the said terme of Yeilding and paying c. unto the said Sir G.A. T.H. c. or their Assignes one corne pepper at the feast of c. if it be lawfully demanded And also yeilding and paying yearly every yeare during the other 399 yeares residue of the said terme of c. unto the said Sir G.A. his c. at the fore-doore of the said tower place of store or receipt for water the yearly rent or summe of c. at two Feasts or termes in the yeare that is to say at the Feast of c. or within forty dayes next ensuing either of the same Feast Dayes by even and equall portions And also yeelding and paying yearly and every year during the said 399 yeares residue of the said terme of c. unto the said T.H. his c. at the place aforesaid the yearly rent or summe of c. or like money at the said two last mentioned Feasts in the yeare or within the like space of forty dayes next c. by even and equal portions And also yeelding and paying yearely and every yeare during the said 399. yeares residure of the said terme of c. unto the said c. ut supra and so for all the Grantors Provided alwaies Proviso for non-payment to re-enter that if it shall happen the said several yearly Rents above by these presents reserved and mentioned to be paid as abovesaid or any of them or any part or parcel of them or any of them to be behind or unpaid by the said space of forty dayes next over or after any Feast Day or payment thereof above mentioned being lawfully demanded at the place of payment above specified That then or at any time after it shall any may be lawful unto and for the said Sir G.A. T.H. c. their Executors c. and every or any of them into the said Cisterne or Cisternes tower and all other the premises hereby Demised and every or any part thereof wholly to re-enter and the same to have againe retaine and repossesse as in their and every or any of their first and former Estate And that then from and after such re-entry made this present Lease and the demise and grant of the premises shall cease determine and be utterly void and of none effect to all intents and purposes as though the same had never been had nor made Any thing whatsoever to the contrary notwithstanding And the said H H for himselfe his c. and for every of them A Covenant that H H shall pay two Annuities doth Covenant c. to and with the said T H. E B and C. A. their c. by these presents that he the said H H. his c. shall and will from henceforth yearly and every Grants or annuities of 51. per annum made by the said T P the one to R P. T H. R H. f G. E C. and L M of c. by Indenture bearing Date c. and the other to E G. W W. W M. C S. R D and f A. of c. by Indenture bearing Date c. well and truly pay or cause to be paid unto such Person or Persons as ought to have or receive the said two annuities the summe of c. at four Feasts or Terms in the yeare that is to say at c. or within twenty two dayes next ensuing every of the same Feast Daies by even and equall portions And of and for the said Annuities and the payment thereof and of and for all actions and demands concerning the same shall and will at times hereafter clearly acquit and discharge the said T H. E B and C A their c. and every of them And the said H H for himselfe his Heires c. and for every of them doth Covenant c. to and with the said Sir G A Covenant that H H shall pay the Rent and performe the Covenants in the original Lease T H c. and every of them by these presents That he the said H H his c. or one or some of them at his or their own charges shall and will from time to time and at a all times during the continuance of the said terme of 400. years hereby Demised well and truly pay beare discharge and performe all and every the Rents Covenants clauses conditions Articles agreements matters and things in or by
the said originall recited Indenture of Lease reserved mentioned and expressed which on the part and behalf of the said T P his c. or any of them from henceforth are should or ought to become due paid and performed according to the purport true intent and meaning of the said recited originall Lease except the conditions provisoes and agreements in the said recited originall Indenture of Lease mentioned on the part and behalf of the said T P his c. specified to be done onely for touching or concerning the payment of the sum of c. the same sum of c. being now truly and fully paid as it doth and may appear in the Office of the Chamber of the City of London and thereof and of and from all actions suits damages and demands which in any wise shall or may happen to come grow or arise touching or concerning the same or any of them except before excepted shall and will at all times hereafter save and keep harmlesse the said Sir G A T H c. their c. and every of them And further the said H H for himselfe his c. and for every of them doth Covenant c. to and with the said Sir G A. T H c. their c. and every of them by these presents in manner and form following that is to say That he the said H H his c. or one or some of them Covenant for reparations shall and will from time to time and at all times hereafter during the continuance of the said term well and sufficiently repair support sustain amend preserve and keep all and every the Cistern and Cisters Work-house and works Engin and Engins Buildings Pipes of lead Waterworks and all and every other the premisses in and by these presents mentioned to be demised or such other new Engin or Engins or other Water-works as shall happen to be erected made and raised in or upon the premisses or any part thereof in stead thereof as good or better for conveyance and plentifull serving of water as the said Buildings Engins and Water-works now in being are in and with such sufficient reparations as the same shall convey keep and serve water into the Pipes and Conduits into the City of London heretofore accustomed to be served from the same as plentifully and sufficiently as the same works now in being to serve and usually have served And moreover that he the said H H his That H H shall not commit any act to forfeit the original Lease c. or any of them shall not at any time during the continuance of the said term do or commit or cause to be done or committed any wilfull and willing act or acts whatsoever by reason or means whereof the said original Indenture of Lease shall be forfeited avoyded or incombred except of and for the payment of the said sum of c. and every or any part thereof Provided also A proviso that if H.H. take up any Pipe then to re-enter that if the said H.H. his c. or any of them shall at any time hereafter during the said term take up or carry away any main Pipe or Pipes now laid or hereafter to be laid in any the streets or lanes of the said City or liberties of the same or in any other place or places of the said City or the liberties of the same for conveyance of water into the said City other then for repairing thereof or to lay new and those of the like goodnesse in the place or places of such of them as are or shall be decayed That then or at any time afterwards it shall and may be lawful unto and for the said Sir G. A. T. H. c. their c. into the said demised premises with the appurtenances wholly tore-enter and that then from and after such re-entry made this present Lease and Demise shall cease and determine any thing herein contained to the coutrary notwithstanding And furthermore A Covenant that he shall leave them in good repair the said H.H. for himself his c. and for every of them doth Covenant c. to and with the said Sir G.A.T.H. c. their c. and to and with every of them by these presents that he the said H.H. his c. shall and will at the end or determination of this present Lease and Demise howsoever leave and yeild up unto the said Sir G.A.T.H. c. their c. the said Citerne or Cisternes Tower or store place for receipt of water Engins Buildings Water works Pipes of lead and all other the premises hereby mentioned or intended to be demised in as good case and condition as the same now are reasonable use and waring thereof in the meane time excepted or for such of them as shall be wanting altrâ—d or changed as good or better for plentiful conveyance and serving of water as the same now are to be set up and remaining within any place or places of the said Tower where to him the said H.H. shall seem good And that he shall not take above one years rent for any fine And that be the said H.H. his c. or any of them shall not at any time during the said term of c. hereby demised receive or take of any person or persons for the fine of any underlease or grant leases or grants by him the said H.H. his c. or any of them to be made done or granted of the premises or of any pare thereof above the value of one yeares rent which shall be reserved by or upon any such under-lease And that if the said H H his c. or any of them shall be minded at any time during the said term of c. hereby alien assign or set over this present Lease and the interest and term hereby demised to any person or persons other then to I G and S G or to such person as the said H H shall nominate to the intent to convey back the same to the said H H I G and S G or any of them And if he be minded to put it away then they are to have the proffer thereof That then they the Sir G A T H c. shall or may have the same before any other Giving and paying therefore unto the said thereof to them the said Sir G A T H c. or some of them so much lawful English money at such dayes and times and in such manner and form as any other will bona fide give or pay for the same Provided further Proviso if he do not perform all the Covenants in the original Lease then they to re-enter that if the said H H his c. or some of them shall not well and truely hold fulfill performe and keep all and singular the Covenants grants articles clauses and agreements contained and mentioned in the said recited original Indenture of Lease made unto the said T P as
hereunder granted of the said A.B. doe so long live and keep the Messuage and Tenement now in the occupation of the abovenamend T.G. in his owne occupation and also free liberty of ingresse egresse and regresse unto and for the Servants of the said A. B. his c. to enter goe and come unto and from the house of office or witdraught there standing and being as also to goe and come through the same Garden to cast dust and other things over the brick wall towards the street not doing any annoyance to the said A. B. his c. nor to the said Garden above-mentioned for their and every of their use from time to time and at all times hereafter during the term of yeares hereby granted Habend ' for yeares To have and to hold the said Messuage or Tenement Garden or Garden-plat and all and singular other the premises above by these presents Demised except before excepted unto the said C.D. his c. from the Feast Day of c. next coming after the Date hereof unto the full end and terme of c. from thence next ensuing and fully to be compleat and ended Yeilding and paying therefore yearly every year during the said terme unto the said A B his c. one pepper corn on the Feast of c. only if it shall be demanded And the said C D for himself his Covenant for reparations c. and for every of them covenanteth c. to and with the said A B his c. by these presents in manner and forme following that is to say That he the said C D his c. or some of them shall and will at his and their or some of their own proper costs and charges well and sufficiently repair amend maintaine uphold sustaine and keep all the above-demised premisses except before excepted in by and with all manner of reparations necessary when and as often as need shall require during the said term of c. hereby granted and in the end expiration forfeiture surrender or determination of this present Lease shall and will peaceably and quietly leave and yeild up all the above demised premisses unto the said A B his c. well and sufficiently repaired amended upholden and kept And also To view tl reparations that it shal and may be lawful as well to and for the said A B. his c. as also to and for all others the Leasors or Grantors of the said demised premisses their c. or any of them with their or any of their Servants Deputies or Work-men in their or any of their Company soure times in every yeare yearly during the said term into the said demised premisses and into every or any part or parcel thereof to enter then and there to view search and oversee what needful reparations are then and there to be done and upon every default found to give warning unto the said C D his c. to repaire and amend the same within two months alwayes next ensuing any notice or warning to be therefore give or left in writing at the said demised premisses within which time and space of two months the said C D for himself his That is shall be lawfull for T.C. to set up any buildings for the bettering of the premisses c. doth covenant and grant to repair and amend the same accordingly And further the said C D for himself c. covenanteth c. to and with the said A B his c. by these presents That it shall be lawful unto and for Sir T C Knight his c or any of them to build set up and repaire any erectments or buildings on the North side of the premisses hereby demised and to imploy the same to his or their own use and uses during the terme here-under granted So alwayes that the same erectments and buildings so to be erected and built may be for the enbettering of the premisses hereby demised and not otherwise Proviso if C. D do not pay the money according to the times then this Lease to be void Provided alwayes and neverthelesse upon condition that if the said C D his c. do not or shall not well and truly content and pay or cause to be contented and paid unto the said A B his c. the sum of c. in such manner and form as is herein above mentioned limited or appointed for payment thereof That then and from thenceforth this present Indenture of Lease and every Covenant grant and Article herein contained on the part and behalfe of the said A B his c. or any of them to be performed and kept shall cease determine and be utterly void to all intents and purposes in the Law whatsoever And that then and from thenceforth it shall be lawful unto and for the said A B his c. or any of them into the said demised premisses and into every or any part and parcel thereof wholly to re-enter and the same to have again retain enjoy and repossesse in his or their first and former Estate or Estates and the said C D his c. and all other the Occupiers and Possessors of the same demised premisses or of any part thereof thereout and from thence utterly to expel put out and amove this present Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And the said A B c. covenanteth c. to and with the said C D his c. by these presents Covenant for peaceable injoying that he the said C D his c. and every of them paying and performing all and every the covenants grants payments and agreements herein above mentioned in manner and form above limited and appointed to be paid performed and kept according to the purport and true meaning of these presents shall or may peaceably and quietly have hold possesse and enjoy the said Messuage or Tenement and all other the premisses above by these presents demised except before excepted without any let trouble expulsion forfeiture recovery or interruption of or by the said A B his c. or of or by any other person or persons by his or their means default or procurement during the said term of c. above by these presents granted And that A.B. shall pay the Rent on the original Lease And also that he the said A B his c. shall and will yearly every year during the said term of c. hereby granted truly pay or cause to be paid unto Sir A P Knight his heirs or Assignes all such rent and sum and sums of mony as is mentioned and reserved to be paid in and by the Original Indenture of Lease whereby or by meanes whereof the said A B now holdeth the premisses hereby demised amongst other things and thereof and of every part and parcel thereof and of and from the payment of the same or of any part thereof and of and from all such distresses
notwithstanding Proviso that if C.D. dislike to hold the premisses and give thereof one quarters warning then this Lease to be voyd Provided furthermore that if it shall happen the said C D his c. or any of them at any time hereafter during the said term of c. to dislike to have and hold the said Messuage or Tenement and other the premisses before demised or mentioned to be demised unto the full end of the said term of c. for and by the payment of the said yearly rent of c. before reserved as aforesaid And of such his or their dislike do and shall give unto the said A B his c. notice or knowledge on the 24 day of december 24 day of March 23 day of June or 28 of September at any time or in any year during the said term by these presents granted at the now dwelling house of the said A B situate and being in c. and do and shall from time to time after notice or knowledge given of such dislike as aforesaid permit and suffer the said A B his c. and all and every such person and persons that will offer to take the said Messuage or Tenement and other the premisses hereby demised or any part thereof to enter and come into the said Messuage or Tenement and every part thereof to view and see the same And also if the said C D his c. do or shall in the end of the said one quarter of a year above limited for warning to be given as aforesaid pay or cause to be paid unto the said A B his c. such sum or sums of money as shall be then due for rent of the premisses hereby demised for the said quarter of a year then to be expired And do then also pearceably and quietly leave surrender and yeild up unto the said A B his c. this present Indenture of Lease and the premisses hereby demised well and sufficiently repaired glazed and amended and all the said goods implements and houshold stuff in the said schedule mentioned in as good state and condition as the same now be reasonable use and wearing in the mean time only excepted That then from and after one quarter of a year next after notice or warning given of such dislike as aforesaid this present Demise Lease nd Grant for all the residue of the said term of c. then to come and the said rent of c. hereby reserved from thenceforth to be payable shall cease be void and no longer endure or continue this Indenture c. notwithstanding And likwise the said C D c. covenanteth A Covenant that it shall be lawful for A. B. to have liberty to improve the water c to and with the said A B his c. in forme following viz. that it shall and may be lawful to and for the said A B his c. at all times hereafter and from time to time during and until the Feast day of c. to have free liberty of ingresse egresse regresse way and quiet passage for him the said A B his Executors Servants Workmen and Assignes to passe go and come to or from the water or Well-spring lying and being in the Yard or Orchard hereby demised there to do and execute all and every such acts and things as the said A B his c. shall think good to have done and executed and which may be and redound to the commodity and benefit of the said A B his c. And that if the said A B his c. Servants or assignes before the Feast day of c. do any act or thing whereby or by means whereof any profit gain or commodity may or shal be raised or had out of or by the said Well-spring above mentioned That then he the said A B his Executors Administrators Servants and Assigns and every of them shall and may at all times convenient and from time to time during the term of years hereby demised have free liberty of ingresse egresse regresse way and passage with his or their horses carts and carriage to go and come unto and from the same Well-spring and water by and through the yard above demised to fetch and carry away water from the same without any let or contradiction of the said C D his c. or of or by any other person or persons by his or their means assent or procurement so alwayes that there be water sufficient reserved for the necessary use and spending of the said C D his c. in and about the said demised premisses And the said A B c. Covenant for peaceable enjoying Covenanteth c. to and with the said C D his c. by these presents in manner and forme following viz. That he the said C his c. and every of them paying the said yearly rent of c. hereby reserved in form aforesaid to be paid and under and according to the Covenants grants conditions and agreements herein contained on his and their part and behalf to be paid done and performed shall or may peaceably and quietly have hold occupy possesse and enjoy all the said Messuage or Tenement and premisses with the appurtenances hereby demised and every part thereof for and during all the said term of c. in and by these presents limited or granted without any let trouble denial eviction disturbance or interruption of or by him the said A. B his c. or of or by any other person or persons lawfully claiming or which at any time hereafter shall pretend claim challenge or demand any estate right title or interest of in or to the said premisses or any part thereof by from or under him or them or any of them or by through or under his or their or any of their act means right title forfeiture or procurement And also that he the said A B his c. And that A. B shall discharge the rent to the Incad Landlord shall and will yearly every year during the said term of c. hereby granted truly pay or cause to be paid unto T G of c. his Heirs and Assignes all such rent and other summe and summes of money as is reserved and mentioned in and by the original Indenture of Lease whereby or by means whereof and of other mean conveyances thereupon made and passed the said A B holdeth the premisses hereby demised amongst other things and thereof and of every part thereof and of and from the payment of the same or of any part thereof and of and from all such distresses costs charges losses or damages as the said C D his c. either in body or goods shall or may incurre or sustain by means or reason thereof in any manner of wise shall and will from time to time and at all times clearly acquit and discharge or sufficiently save and keep harmlesse the said C D his c. and goods and chattels as well
Brew-house or otherwise touching or concerning this their Joynt trade and dealings without any voluntary concealment with drawing or unjust detaining of any of the said principal stock or of any gain profit or commodity which should or ought in any wise come to the equal share of the said Parties to these presents by the true meaning of these presents A Covenant that all such money as shal be found due upon the foot of any accompt shall be equally divided between them And moreover it is agreed betweene the said parties That whatsoever sum or sums of money at or upon the foot of any account or accounts concerning this Co-Partnership shall be found to be remaining in the hands of any Clerk or Clerks or in the hands of any the said Co-partners or of any of their Assignee or Assignes not expended about the businesse of the said Joynt trade and Co-partnership and before not accounted for by the said Co partners shall be forthwith from time to time equally and indifferently divided between the said Co-partners part and part alike or run and be continued in stock as the said parties can best agree concerning the same And it is further covenanted granted and fully agreed by and between the said R J and M B and either of them severally and respectively covenanteth granteth and agreeth for himselfe his Executors and Administrators to and with the other of them his Executors and Aministrators in manner and form following that is to say ⋆ A Covenant that if either of them dye then because no advantage shal be taken by the Survivor the stock and all things whatsoever in their joynt trade shall be to his Executors or Administrators as if he had been living That if it shall fortune that either of the said parties to dye or decease during the time of this Co-partnership before any separation or division shall be made between them of their said stock and common dealings the other of them surviving In that 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 challenged taken or demanded but that such part and portitions of in and to the said principal stock and the gains and increase thereof and also of the aforesaid Messuages and Tenements which is or shall be due or belonging to such party of the said parties so deceased at the time of his death shall come and be paid to the Executors Administrators or Assignes of the said deceased Co-partners in such like and in so large ample and beneficial manner as the same should or ought to have grown due or be paid or satisfied unto the said deceased Co-partner himself if he had been living at the surcease or determination of this Co-partnership And moreover it is covenanted granted and agreed by and between the said parties to these presents and either of the same parties for himselfe A Covenant that upon the end of the co-partnership howsoever they shall chuse four men to praise the Goods and that they shall cast lots to take or refuse the same his several Executors Administrators and Assignes respectively Covenanteth and granteth to and with the other of them his Executors Administrators and Assignes by these presents That within the space of six Months next after the end or giving over of this Co partnership intended the these presents be it upon the expiration of the said term of six years or by the decease of either of the said parties or otherwise howsoever the said parties if they be living or if either of them shall happen to be deceased then the Survivor of them and the Executors and Administrators of the Deceased Co-partner shall consent and agree together and shall upon reasonable request to be made by the one to the other of them make choice and election of four indifferent Men whereof two shall be chosen by the said R J his Executors or Administrators and other two by the said M B his Executors or Administrators to make and set downe and indifferent appraisement and valuation of all and singular the goods implements and chattels which then shall be and remaine in Partnership between them if otherwise between themselves they cannot agree thereof the goods Coppers brewing-vessels implements and hous holdstuff which are expressed in the said Schedule or Inventory annexed to the said Indenture of Lease only excepted and that upon the appraisment thereof the Co-partner surviving and the Executors Administrators or Assignes of the Deceased Co-partner shall make and cast lots betweene them to take or resuse the said Goods so to be appraised at such rate as the same shall be valued or that he or they of them to whose lot the same shall happen to fall his or their Executors Administrators or Assignes shall accept receive and take the same And also shal within six months then next following satisfie and pay or cause to be satisfied or paid unto the other of them the said Co-partner his Executors or Assignes the moyety or half part of all such money as the said Goods shall be valued and praized at or within the Brew-house above mentioned without a-any fraud or covin and shall also make equal Division between them of the money then in cash belonging to the said Co-partnership and also of the Debts then owing to the said Co-partners for or in respect of the said partable trade or stock and of all and singular other the things now intended or expressed by these presents to be partable and divided between the said parties to these presents in respect of the said Co-partnership or otherwise thereof to deal and dispose as they then shal find to be most behoofful for them And that after the end of it they shall give a true Accompt to each other And further that within convenient time after the giving over ending or determination of this Co-partnership 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 make and deliver 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 or Administrators of the said Party deceased a true just plain and perfect accompt in writing of the said whole stock gaines debts credits and all other things which shall be then in Co-partnership between them or belonging to the said partable stock or trade and within six weeks next after the end determination or expiration of the intended Co-partnership be it howsoever shall make an equal and indifferent separation and division of all the said partable stock gains debts and other the said premises intended or expressed to be in Co-partnership and assigne allot and allow or cause to be assigned allotted and allowed one of them to the other of the said parties or if either of them
within the said terme of ten years happen to lose by debts casualties or otherwise in their joynt trading any part or parcel of the buying and selling of any Goods Wares and Merchandizes or otherwise debts and credits in manner and form as is aforesaid so that it be not by negligence colour or feigned pretence and that proved both the said parties shall equally bear losse between them And it is also agreed that neither party at any time or times during the said terme shall lend or trust out any money Wares Goods or Merchandizes to the value to 40 s without the consent of the other And it is also agreed between the said parties That one may not give a release That neither of them shall during the said term at any time or times give any release or discharge of any debt duty or sum of money or of any part of any debt duty or summe of money to them owing without the consent and agreement of the other first had and obtained unlesse it be by receiving the said debt or debts and every such part thereof to the use of them both And also at the end of the said terme or before To make a true accompt if the said parties shall discontinue their joynt trading they shall make a just and true accompt and reckoning one with the other of for and concerning all matters and neither party shall give discharge to any Debtor or Debtors of any debt or debts that shall be allotted to the share and portion of other without the consent and agreement of the other first had and obtained in writing under hand and seale And also that during their said Co-partnership Not to be surety for any neither of the said parties shall at any time or times enter in Bill Bond passe his word nor become Bayle or Surety for any person or persons whatsoever for above the summe of 40 s. without the like consent of the other first had and obtained And further it is agreed by the said parties That they and either of them shall well truly and diligently during the said terme bestow and imploy their diligent best and true studies and endeavours for their best profit lucre and advantage in their said Trade and Traffick And the said A G for him his c. covenanteth and granteth to and with the said R B his c. by these presents That he the said A G shall and will yearly every year during the continuance of this Co-partnership truly pay or cause to be paid unto the said R B or his Assignes the summe of c. a yeare for and towards the maintenance of an Apprentice by him the said R B to be kept If any Apprentice be taken to be to both their uses And it is accorded and condescended between the said parties to these presents That if any other Apprentice or Apprentices to be taken during the continuance of this Co-partnership and living together shall be taken and bound to one of them yet neverthelesse joyntly and severally to both their uses and the money given with such Apprentice or Apprentices to be taken and converted to their joint use and behoof A joynt stock And for the managing of which affaires and businesse the said parties are to make a joynt stock of 200 l. viz. The said A G 100 l in ready money and the said R B as much cloth as shall amount unto the summe of 100 l. at the prizes as they shall then cost And it is agreed between the said Parties to these presents That if either party shall make a greater stock or portion to begin withall the other lacking shall during such time of lack or want or untill a competent stock be made for the joynt trading as aforesaid allow to the other after the rate of 8 l. for the 100 l. per annum for so much as shall be over the parties lacking And for the more better accomplishing the work and businesse aforesaid the said R B hath taken a House and Shop in or upon Cornhill within the said City of London now in his occupation And the said R B for him his c. doth Covenant and grant to and with the said A G his c. by these presents That he the said A G paying and allowing to the said R B the summe of 40 l. yearly to be raised out of the joynt stock and gains of them both in their said trading during the said terme of ten years by even portions at four Feasts or termes of the year viz. at the Feasts of c. shall and may peaceably and quietly have hold and enjoy the joynt possession and use of the said Shop with the appurtenances onely for their joynt occupation and trading And the said R B his c. to pay the yearly rent going out and payable for the same from time to time during the said term of ten years and to pay and discharge all Subsidies Fifteens Church-duties Scavengers wages and other taxations and impositions due and payable for the same during this Co-partnership For dislike And it is further covenanted and agreed by and between the said parties to these presents That if it shall fortune the said A G to grow in dislike or shall be minded to give over his joynt trading with the said R B. That then he the said A shall and will give the said R six months warning of such his determination in writing and at the end of the said six months shall and will make a just and true accompt and reckoning to and with the said R. B. of and for all such wares merchandizes ready money credits and debts as shall be then unreckoned for and that the said R B shall have the wares then remaining in their hands at such rate as they cost and the present money and good debts then owing unto them he putting in good security to the said A G to pay him so much money as his stock and portion shall amount unto the one half at six moneths and the other half at six months then after the said R B also paying to the said A G his c. so much lawfull English money at the said twelve months end at 10 l. per centum by the year as his whole stock and portion shall amount unto for nine months and also it is agreed that at the time of such parting the desperate debts to them joyntly owing shall be divided as aforesaid And further To turne over their Apprentices to the other the said A G according to the custome of the City of London at such time of division shall turne over such Apprentice and Apprentices as shall then dwell with them for and during the remainder of the years that shall be then to serve and unexpired unto the use and behoof of the said R.B. But if the said R B shall refuse to accept of the same Apprentices or either or any of them Then it is agreed
that the said R B shall at his own charge see him or them so refused placed elswhere and that then also the said A G shall peaceably and quietly leave surrender and yeeld up the possession of the said Shop with the appurtenances to the said R B his c. in such plight as if these presents had never been had nor made and that then also the said yeerly payment of 40 l. to cease and determine any thing abovesaid to the contrary thereof notwithstanding And it is further agreed between the said parties and the said A G doth covenant and grant to and with the said R B That he the said A G during the space of one whole year next after such parting or division had or made shall not trade for nor sell nor cause to be sold within the said City of L any commodity that shall belong to the same Trade of a Linnen Draper That Survivorship shall take no place And lastly if it shall fortune the said R B to die or depart out of this mortall life before the end or expiration of the said terme of ten yeares That then the said A G his c. within one month next after lawfull request to him or them to be made by his Executors Administrators or Assignes of the said R B shall not onely make and declare to the same Executors Administrators or Assignes a true and just accompt in writing of all the said Estate of this occupying and Co-partnership whereby the names and sâ—rnames of all and every Debtors and Creditors and the quantity of Goods Wares Money or Merchandizes then being or belonging to his joint occupying shall and may plainly appeare but also make a perfect delivery and assignment to the said Executors or Administrators of the said R B of so much of the Goods Wares Money and Debts as upon the said Accompt shall appear to be remaining to the said Co-partnership over and besides such debts as shall then owing by the said Co-partners by reason of their trading joyntly in as large and ample manner as if the Co-partnership had been ended and the said R B remaining alive and that the Assignment of such debts as shall be allotted to the said Executors or Administrators of the said R B shall be made and assured to the same Executors or Administrators of the said R B in such manner and by such reasonable act and assurance or conveyance as by the learned Councel in the Law of the same Executors shall be devised or advised And likewise it is convenanted c. the same that is from G to B and that then also he the said R B shall peaceably and quietly suffer the said A G to enjoy the said Shop with the appurtenances during the remainder of the said terme of ten years then to come and unexpired for the yearly rent of 40 l. to be paid at the usual Feasts aforesaid the said R. B giving the said A G good security to enjoy the same against all persons and the said A G is then to give good security to the said R B well and sufficiently to repaire the said Shop and in the end of the said term of ten years the said A G shall peaceably and quietly leave surrender and yeild up the possession of the said Shop with the appurtenances to the said R B his c. well and sufficiently repaired And further it is agreed c. the same that is from G to B not to use the Trade of a Draper and it is condescended and agreed by and between the said parties in manner and form following viz that he the said A G shall on the said 22 day of c. well and truly pay or cause to be paid to the said R B the said summe of 100l and for the same shall have accept and enjoy in joynt trading so much of the Wares and Merchandizes as then shall be in the same Shop at such rates and prizes as the said R B then shall have paid or undertaken for the same and the surplusage of the said wares and stock in the said shop then being the said A G shall accept in joynt trading in as good sort and full plight as if the same were then in present money put in stock by the said R B. And the said A G to allow unto the said R B for the said surplusage in Joynt trading after the rate of 8 l. in the 100 according to the true intent and meaning before expressed and declared And lastly it is aggreed between the said parties than if they shall fortune to give over or part trading before the end of the said term of ten years then the party continuing trading shall give to the party that shall so give over good security to discharge and pay all the debts then joyntly owing by them to any person or persons for and in respect of their joynt trading as aforesaid In witnesse c. An Indenture of Co-partnership between two of the Art or Profession of Cottening of Fustians c. penn'd by William Noy of Lincolns-Inne Esquire THis INDENTVRE made c. between N S of the one part and C H of the other part Witnesseth That the said parties of and for the mutual good will favour and affection which either of them hath and heareth unto and towards the other of them and for the better increase of their stocks and substance if it hall so please God have concluded condescended and agreed to make between themselves a Fellowship or Company and to become and continue Co-partners together in the Art Trade or Profession of Callâ—â—dring and Cottening of Fustians Cloth 〈…〉 and other Wares and Commodities in 〈…〉 Work-house of the said N S 〈◊〉 and being in c. 〈◊〉 the Feast day of c. last past before the date 〈◊〉 for and during the 〈◊〉 and time of c. from 〈…〉 and fully 〈◊〉 be ended if the said N S do and 〈◊〉 so long 〈◊〉 a Delivery of tools and implements belonging to the Art by the one to the other And to that end and purpose the said C H hath 〈◊〉 the ensealing of these presents disbursed and delivered into the hands of the said N S the summe of c. for and toward the buying and providing of 〈…〉 and implements as are incident belonging 〈…〉 to be used in the said Art c. aforesaid the receipt whereof the said N S doth acknowledge and confesse by these presents * Covenant to be equal sharers of the profits arising by the labor of either of them or by their or either of their servants c. And it is mutually coâ—â—manted granted condescended and agreed upon by and between the said parties to these presents and either of then for himselfe his c. respectively doth covenant promise and grant to and with the other of them his c. by these presents That they and either of them their several c. shall be alike interessed and have
retaine and assume to their own several uses equal shares parts and portions of all such clear gains profit and increase as shall grow and arise by reason or meanes of the labour and pains to be taken by the said parties or either of them in the Art c. aforesaid or by any Servant or Servants Apprentice or Apprentices as shall be had and kept by the said parties partners or either of them and be imployed in the said Art c. of a Callender and Cottener or â—ufâ—rans Cloth Stuff or any other Wares or Commodities as is a foresaid during the continuance of this Co-partnership To pay equal shares in the charges rents c. And that all such charger and expences as shall from time to time hereafter during the continuance of this Co-partnership be expâ—nded and laid forth in and about the amending repairing and buying hew of any to 〈◊〉 implements or necessaries incident or belonging to the Art c. aforesaid or for or in respect of the buying keeping and maintaining of any work-horse or work-horses and for the portage of any kind of Wares and for 〈◊〉 as shall grow payable or due to be paid for or â—workâ— respect of the Work house above mentioned shall be equally born paid and discharged between the said parties partners their Executors or Assigns part and portion like that is to say The said N S his c. shall pay and discharge the one moyety or half part thereof and the said C H his c. shall pay and discharge the other moyety or halfe part thereof And the said N S for himself his Covenant by one for himself and his Servants to use his best endeavour for the advance of the benefit of this co-partnership c. doth covenant c. That he the said N S and all Servant or Servants Apprentice or Apprentices as he the said N at any time during the continuance of this Co-partnership shall have and keep shall and will at all times hereafter and from time to time during the continuance of this Co-partnershipâ— wholly apply and imploy him and themselves and do his and their best endeavour and endeavours respectively to advance the benefit of this Co-partnership And also And to keep so many Servants during the co-partnership necessary and able for the work that be the said N S shall and will at all times hereafter and from time to time during the terme of years above mentioned if the said N shall so long live keepe and maintain at his own proper costs and charges such and so many Servant or Servants Apprentice or Apprentices as shall be sufficiently able with his owne help Work-man-like to discharge performe and do all such work as shall from time to time during the continuance of this Co-partnership come or be brought to the said Work-house or to any other Work-house or place where the said N shall keep to be dressed Callendred Cottened and finished And to keep a Book of Accompts of all their dealings and for entry of all summes received And further the said N S doth c. That be the said N his Executors Servants and Assignes or some of them shall and will at all times hereafter and from time to time during the continuance of this Co-partnership keep or cause to be kept one faire Book of Accompts of all his and their dealings and proceedings in this present Co-partnership in which Book shall be truly writen Covenant for the one to enter upon the Work-house of the other and to copy out the said Books of Accompts entred and see down all such summe and summes of money as shall be from time to time taken for any work by them or any of them to be done during the continuance of this Co-partnership And than it shall be lawful to and for the said C H his c. from time to time and at all time convenient during the continuance of this Co-partnership at his and the free-wils and pleasures without any let or interruption of the said N S or of any other to enter and come into and upon the said work-house or any other which the said N shall in that time have and keep there to view peruse examine and copy out the said Booke or Bookes of accompt To give an accompt quarterly upon request And likewise that he the said N â— his c. shall and will at all times hereafter and from time to time during the continuance of this Co-partnership once in every quarter of a year quarterly upon reasonable request to him or them by the said C H his c. in that behalf to be made make yeild and give up unto him the said C his c. a true just plaine and perfect occompt and reckoning in writing of all his and their dealings and proceedings in the said art c. aforesaid without concealing any part thereof and that upon every such accompt and accompts so from time to time in forme aforesaid to be made and passed All the profit that shall be made to be equally shared All the clear gaines winnings profits and increase that God shall send and which shall be found upon the foot of any such accompt or accompts shall be equally shared parted and divided in halves between the said Parties Partners their c. That is to say The said N S his c. shall have and receive the one c. ut suprâ— Neither Master nor Servant to give credit swithout conent of the other not for above the summe of c. And further that he the said N S nor any of his Servants or Assignes shall not at any time or times hereafter during the continuance of this Co-partnership give credit or trust to any person or persons whatsoever whereby or by means whereof any one person shall be indebted for any thing touching or concerning this Co-partnership above the summe of c. without the special licence and consent of the said C H his c. first had and obtained in that behalf Covenant to give a generall accompt at the expiration of the Co-partnership of all the gain and profit that shall be made And moreover the said N S for himself his c. That he the said N S his c. shall and will at the end expiration or any other sooner determination of this present Co-partnership not onely make or cause to be made unto the said C H his c. a true just perfect and generall accompt of all his and their whole dealings and proceedings in this present Co-partnership whilst he shall have the use and occupation of the said summe of 30 l. and also all the clear gains profit and increase that shall in any wise come grow or arise by reason or meanes of the using and exercising his said Art c. aforesaid and which shall not be before the time accompted for But also upon the same accompt making well and truly pay
or cause c. unto the said C H his c. as well the said summe of 30 l. so in forme aforesaid by him before hand received of the said C H as also the moyety or half part of all the gaines profit and increase that shall so arise or grow by reason or means of the using or exercising his said trade as aforesaid which shall be found due upon the foot of the said general accompt so to be made and passed as aforesaid * C H his c. Covenants that upon performance of the Covenants aforesaid to pay to N S the sum of c. quarterly during the said Co-partnership And the said C H for himselfe c. That he the said C H his c. or some of them in consideration of the performance of the Covenants above expressed on the part and behalfe of the said N S to be performed and kept in forme above expressed shall and will well and truly content and pay or cause c. unto the said N S his c. yearly and every year during the continuance of this Co-partnership the sum of c. per annum at the four most usual Feasts or Terms in the year viz. at the Feasts of c. or within 24 dayes next ensuing every of the said Feast dayes by even and equal portions In witnesse c. An Indenture of Co-partnership betweene two Brewers penn'd by William Noy Esquire THis INDENTVRE made c. Betweene c. Witnesseth That the said I V and W H for the great love zeal and affection that the one of them beareth to the other and to the intent that the said parties may by Gods grace the better increase their stocks the said I V and W H mind and intend to make betweene themselves a Fellowship and Company and joyntly to use and occupy together the Mystery or Trade of a Brewer within the Messuage Tenement or Brew-house and such other roomes as are now used and imployed therewith now in the occupation of the said I V situate and being in c. And to that end and purpose the said parties and parting Fellowes have laid in a joynt stock of 400 l. viz. the said I V for his part hath put in 200 l. and the said W H hath put in for his part other 200 l. thereof to the intent that the said whole stock shall be used occupyed and imployed by both the said parties their Servants and Assignes in the Mystery or Trade aforesaid in the buying of Corn Graine Malt Hops Horses Cattel and all other such Goods and things whatsoever incident or appertaining to the Mystery or Trade of a Beer-Brewer or brewing of Beer to the joynt uses benefit and profit of the said parties in the best manner that they or either of them their Servants or Assignes can or may from the Feast of c. last past before the date hereof unto the end and term of c. from thence next ensuing c. if both the said parties shall so long live And whereupon it is covenanted Covenant that the stock that shall be put in by the Co-partners shall bee faithfully employed in the mystery aforesaid granted concluded and fully agreed between the said parties and either of the same parties for himself his c. covenanteth and granteth to and with the other of them his c. in manner and form following that is to say That the said whole stock of 400 l and all other summe and summes of money that the said parties within the terme aforesaid shall put into the said Joynt stock shall be by said parties faithfully occupied and imployed with the said whole stock in the mystery or trade aforesaid and not otherwise * That the said parties and their Factors shall use their best knowledge and skill from time to time during the term aforesaid for the best benefit of their Co-partnership That all Debts that shall be made within the said terme and the gaines and profits thereof shall be to the joynt and equal uses of the said parties And further that the said parties and either of them their Factors and Assigns shall and will to the best of their power knowledge and skill from time to time during the term aforesaid apply themselves to use and occupy the whole stock and all other summe and summes of money thereunto hereafter to be put in the mystery or trade aforesaid and to and for the most benefit profit and commodity that they or either of them can or may to the intent and equal uses of the said Copartners according to the true meaning of these presents And that all such debts and duties as shall within the said terme grow to be made by meanes of using or exercising the said mystery of Brewing and the gains and profits thereof coming and arising or of any other commodities or things whatsoever bought or to be bought with the said whole stock or any part thereof or any other sum or sums of money theretō to be put as is aforesaid during the said terme shall bee to the joynt and equal uses of the said parties their c. * And that all Debts that shal be made for any cause concerning the said copartnership shal he taken jointly to the said parties and delivered to both their uses And that all and every person and persons that shall owe and be indebted in the same or any part thereof for any cause or substance concerning the same Co-partnership shall be made Debtors to both the said parties for the same and every part thereof And that all Sureties Bills Bonds Specialties and Writings that shall be made or taken for the said debts and duties or any of them for touching or concerning any matter cause or thing whatsoever incident or appertaining to the said Joynt Trade or occupying shall be made and taken jointly to the said parties and shall be delivered to both their uses And that neither of the said parties shall give any Acquittance to any Debtor or Debtors whereby to defraud the other And that neither of the said parties shall make seale or deliver any acquittances discharge or discharges to any person or persons being Debtor or Debtors or which shall be Debtor or Debtors for any part or parcel of the said whole stock or any other money thereunto to be put or the increase that thereupon or by meanes thereof shall arise come or grow whereby to defeat or defraud the other party of the same or of any part thereof * Covenanted that all manner of Merchandize that shall be bought during the said terme with the said joynt stock and all other moneyes taken up for the said co-partnership for their supply of the stock shal be to the joynt uses of the said parties And further it is covenanted c. that is to say That all manner of malt hops goods wares and merchandizes whatsoever bought or which at any time hereafter during the
of the prâ—mises not only conferre together of and for all their dealings and proceedings touching this joynt occupying And shall also make between them a good true just plaine and perfect accompt and reckoning of all the said whole stock and other money thereunto put and of all such goods money debts Wares and merchandizes therewith or with any part thereof or of the increase and profit thereof arising come grown or gotten within all the term and time aforesaid And also shall subscribe the said final account and thereupon take order to pay the Debts which shall be truly owing unto the Creditors touching the said Co-partnership without any fraud colour or covin in any wise but also immediate at and upon such accompt and reckoning so had made and passed the aforesaid costs charges and expences being first deducted rebated and allowed shall make equal partition and division between them of the said whole stock of 400 l. and all other sum and sums of money that thereunto during the said terme shall be put and of all the increase winnings gains profits and advantages that thereof or by means thereof before that time hath arisen come or growne and before that time not accompted for and that the said I V his c. shall have the one moyety thereof whatsoever the same shall then consist and be and the said W H his c. shall have the other moyety thereof what â—ever the same shall then be and consist And moreover it is covenated c. That if it shall happen either of the said parties to dye or depart this present life before the end and expiration of the said terme of c. as God forbid That then the party of the said parties surviving and the Executors of Administrators of the party of the said parties so hapning to decease shal and will within the space of c. next after such decease of either of the said parties reckon and accompt together of and for the said whole stocks and all other money thereunto put and all the increase gains winnings profits losses costs and charges thereupon arisen come or grown and a good true just plain and perfect accompt and reckoning between them then shall make or cause to be made and the same so made as well the said stock of 400 l. and all other such money and sums of money thereupon put as also the increase profits and gaints that thereof before that time shall have arisen come or grown all manner of charges losses expences and damages whatsoever expended born sustained and laid out arisen or grown touching or concerning the said whole stock or any other mony thereunto put and the increase thereof at any time before not accompted for being first deducted rebated and allowed shall be truly divided and parted between the said party of the said parties surviving and the Executor or Administrator or Executors or Administrators of the party of the said parties so hapning to decease part and part alike that is to say The party of the said parties surviving his c. shall have the one moyety or half part thereof and the Executors Administrators or Assigns of the party of the said parties so hapning to decease shall have the other moyety or half part thereof and that no benefit or advantage shall be had or taken by party of the said parties that shall survive by vertue of Survivorship * Agreed that neither of the said parties during the said term and time aforesaid shall leave the mystery or trade aforesaid without the express will consent of the other but jointly continue except by mutual consent And further it is agreed between the said parties that during the term and time aforesaid neither of the said parties shall leave off the Mystery or Trade aforsaid or of being Co-partners or parting fellowes together in the said Mystery or Trade without the expresse will consent and agreement of the other of them first had and obtained in writing but during the said term shall joyntly continue and occupy together as loving Friends and Fellowes except it be by the mutual consent and agreement of both the said parties †And that neither of the said parties shall take up goods upon credit without consent of the other And further that neither of the said parties shal not at anyâ—time or times during this Co-partnership take up of credit for time any mony malt goods wares or merchandizes to be used or imployed in or about the mystery or trade aforesaid without the consent and agreement of the other of them first had and obtained * And it is a greed that if any variance shal happen between the said parties during the said terme and cannot end it betweene themselves then the party grieved upon his request to the other shall will commit the hearing to four honest men to arbitrate and determine the same And finally it is agreed c. That if any time hereafter during the said term of c. before a final end and division shall be had and made between the said parties any ambiguity doubt question variance strife or controversie shall come grow happen arise or be moved between the said parties or either of them for or concerning any cause or thing in or about this present Co-partnership which is not before in these presents plainly expressed and declared and which the said parties cannot between themselves decide and agree upon that then the said parties and either of them their c. upon the reasonable request of the party grieved in this behalf shall and will commit the hearing explanation examination and determination of all such doubts controversies and questions unto four honest discreet persons to be chosen by them indifferently that is to say either of them two And they the said parties their Executors and Administrators shall not only to the best of their power endeavour and use all other lawful means to them the said Arbitrators to hear and determine the same with all convenient speed without delaying or hindring the same but also shall and will stand to abide perform and keep such award order end and determination as they shall make and set downe in writing under their hands in that behalfe In witnesse c. An Indenture of Co-partnership about the begging of Letters-Patents for setting up of a Beacon penn'd by Councel F B and R B joynt Petitioners to c. for the setting up of a Beacon and to get Letters-patents therefore and also a certain yearly pension to be paid by all Ships and Vessels both English and Strangers for the maintenance thereof THis INDENTVRE made c. between c. Witnesseth That whereas the said F B and R B have united and conjoyned themselves to be joynt Suitors and Petitioners together by Petition unto c. for the obtainâ—ng of Letters-patents to be granted unto them from c. under the Great Seal of England for the erecting and setting up
either of them shall call the other to accompt as occasion shal serve for their buying and selling his c. And also that at all and every time and times within the said terme and space of their Co-partnership when it shall please either of the said Parties to give monition or warning to the other that within the space of c. then next ensuing either of the same Parties shall make and give up to the other a true good just perfect and plain account and reckonning of all accompts and reckonings then not received nor accompted between them as well of the buying and selling of all manner of Iron and other such wares as also of all the increase profit and advantage that shall come and grow of and by the using and occupying of the said stock upon the making of which said accompt either of the same Parties shall subscribe the same * Covenanted that what losse shall happen during the said Co-partnership so it be not by negligence shall be equally borne between them Moreover the said Parties Covenant c. and either of them Covenanteth c. to and with the other by these presents that if any losse shall happen at any time within the space of this Co-partnership by evil Debtor or Debtors Servants or other casualties whatsoever of the said principal stock or of the increase or gaine of the same or of any part or parcel thereof so that it be not by negligence colour feined pretence or other subtile meanes of either of the said Parties That then the same losse and losses shall be borne equally between the said Parties out of their said stock and of the increase of the same †That all Bonds Bills and other specialties during the said terme shall be made in both their names and to be deliver'd to both their uses And it is further agreed between the said Parties that all such Specialties Bonds and Debts as at any time during their said joynt occupying shall be made come and grow to the said Parties as Co-partners of this said stock or the increase thereof shall be made in the names of both the said Parties That is in the names of R W and W I at Co-partners and the Bonds and Specialties delivered to both their uses * Agreed that they shall be joyntly bound to any person or persons concerning their joynt trading And further it is accorded between the said Parties That it shall and may be lawful to and for either of the said Parties to bind the other his c. to any person or persons for any summe or summes of money touching or in any wise concerning their said joynt occupying to be paid at such time and times as to the same Parties to whom the same Bond or Bill shall be made it shall seem good and expedient †And if either Partie shall at the end of the said terme or before be disposed to suâ—cease and leave off joynt trading then either of the Parties giving warning to the other shall make atrue accompt between them of what justly to them belongs and enjoy alike equal portions And that if either of the said Parties at the end of the said terme of c. or at any time before shall be disposed to surcease and leave off their joynt occupying and no longer continue as Co-partners then either of the said Parties upon warning thereof given by the one of them to the other shall make to the other a just true and plaine accompt and reckoning as wel of the whole stock as of the increase profit and gain of the same then not divided and of all such implements and goods as shall then joyntly to them belong as it shall then be in ready money wares goods and debts upon which accompt so made either of the said Parties shall have take and enjoy alike equall portions and part thereof all such charges and debts as then shall be answerable out of the said stock and gaine first deducted and allowed * And that all charges whatsoever except wearing-apparel shal be born equally between them out of the joynt stock And futher it is c. that all manner of costs charges and expences whatsoever that shall be disbursed or laid out as for house-rent reparations meat drinke Servants-wages and for any other cause reasonable for or concerning their joynt occupying except the proper array and apparrel of the bodies of either of the said Parties shall be borne and paid between the said Parties out of the said whole stock and of the increase of the same during their said joynt occupying and that no private occupying shall be had or used by any of the said Parties but onely in the said Roomes above-mentioned and such other place and places as shall be by them joyntly agreed upon to both their uses †A Proviso that they shall not lend out nor trust out of the joynt stock to any Person or persons without consent of both Parties Provided alwaies and it is agreed between the said Parties that it shall not be lawfull to either of the said Parties their Servants or Assignes or to any of them at any time or times during this Co-partnership to lend out or impart any part or parcel of the said whole stock or of the gaines and increase of the same to any person or persons or by any manner of wayes or meanes or colour without the special consent and agreement of the other partie unlesse the same be to and for the use commoditie and profit of this society and Co-partnership * And that neither shall stand bound by suretiship for any person but to for the use of the said partnership above the summe of c. without consent And that it shall be lawful to neither of the said Parties at any time during this their said consortment to become Surety stand bound or charged to any person or persons for any suretiship summe or summes of money or for any other cause or occasion whatsoever but to and for the use of both the said Parties above the summe and value of 40s without the special license consent and agreement of the other party first had and obteined in writing which said summe of 40s shall be borne and paid out of the part and portion of the said stock and gaines thereof of him of the said parties that so shall stand bound †Proviso that if either Partie die during the said terme then the survivor to make a true just accompt to the executors Administrators of the deceased and deliver the moyety or one halfe of the foresaid stock profit in as good manner as if he had lived Provided also and it is condescended c. That if either of them at any time during c. shall happen to die and depart this life then the Executors c. of the party so dying within c. next ensuing such his decease shall truely without fraud
other person or persons lawfully claiming or which shal at any time hereafter pretend lawful claim challenge or demand any estate right title or interest of in or to the same by from or under him them or any of them or by his their or any of their assent consent right title means suffrance or procurement And further the said H H c. doth covenant A Covenant for reparations c. to and with the said H T c. by these presents That he the said H H his c. or some of them at his and their or some of their own proper costs and charges shal and wil from time to time and at all times times hereafter during the term of years above-mentioned to be granted by the said recited Indenture of Lease wel and sufficiently repair uphold and maintain all that part and portion to him allotted of the said piece or parcell of ground above-mentioned and thereof shall acquit and discharge the said H T his c. And also that he the said H H his And that H H shall pay the yearly rent reserved for and in respect of his part of rent c. shall and will from time to time and at all times hereafter during the terme of yeares above-mentioned satisfie and pay or cause to be satisfied and paid unto the said H T his c. the yearly rent of c. at four Feasts or Termes in the year most usuall That is to say c. or within the time and space of c. by even and equall portions for and in respect of his part of the rent reserved in and by the said recited Indenture of Lease And further A Covenant that H H. shall pay half charges about mending of the Bridg leading out of Lyther-lane to the premises A Clause of re-entry upon non-payments of the rent that he the said H H his c. or some of them shall and will at all times hereafter and from time to time during the terme of years above-specified bear pay and discharge a ratable and proportionable half part of all such charges and expences as shall be expended disbursed and laid forth in and about the repairing making up and amending of the Bridge leading out of Lyther-lane into the above-mentioned premises And if it shall happen the said yearly rent of c. or any part thereof to be behind unpaid in part or in all contrary to the form abovesaid being lawfully demanded That then and at all times after it shall and may be lawfull unto and for the said H T his c. and every or any of them into and upon all that part and portion of the said parcel of ground above allotted and appointed to be belonging to the said H H and into every part thereof wholly to re-enter and the same to have hold and for ever enjoy to his and their own proper use and behoof and the said H H his c. and all others Occupiers of the premises from thence utterly to expell put out and amove this Indenture c. * A Covenant for reparations of the aforesaid Bridg. And the said H T. for himself his c. doth Covenant c. to and with the said H H. his c. in manner and forme following viz. That he the said H T. his c. or some of them at his and their or some of their own proper costs and charges shall and will from time to time and at all times hereafter during the term of years above-mentioned to be granted by the said recited Indenture of Lease well and sufficiently repair uphold and maintain all that part and portion to him allotted of the said piece or parcell of ground above-mentioned and thereof shall acquit and discharge the said H H his c. And also that he the said H T. his c shall and will at all times hereafter and from time to time during the term of years above-specified beare pay and discharge a ratable and proportionable halfe part of all such charges and expences as shall be expended disbursed and laid forth in and about the repairing making up and amending of the Bridge leading out of c. into the above-mentioned premises A Covenant to pay money towards the finishing of a Well And further that he the said H T. his c. shall and will satisfie and pay or cause to be paid unto the said H H. his c. the summe of c. in lieu and full satisfaction of all such summe and summes of money as the said H H. for his part hath disbursed or shall lay forth in and about the making and finishing of the Well standing on the East side of the above-mentioned parcell of ground Covenant to pay the Rent And the said H T. for himselfe c. doth Covenant c. to and with the said H H. his c. by these presents That he the said H H. his c. shall and will from time to time and at all times hereafter satisfie and pay or cause to be paid unto the above-named Dame D S. her c. Rent-gatherers or Assignes the yearly rent of c. at four Feasts or Terms in every year viz. c. or within the time and space of c. next ensuing every of the same Feast daies by even and equall portions A Clause of re-entry for non-payment of the rent And if it shall happen the said yearly rent of c. to be behind unpaid in part or in all contrary to the form aforesaid being lawfully demanded and that the said H H. his c. shall not be then found in arrearages for non-payment of his aforesaid rent of c. or any part thereof That then and at all times after it shall and may be lawfull to and for the said H H. his c. and every or any of them into and upon all that part and portion of the said parcell of ground above allotted and appointed to be belonging unto the said H T and into every part thereof wholly to re-enter and the same to have hold and for every enjoy to his and their own proper use and behoof and the said H T. his c. and all others Occupiers of the premises from thence utterly to expell put out and amove this Indenture c. And it is Covenanted granted A Covenant that if the said H T. and H H. their c. or either of them severally for himself and his c. that if either of them be minded to demise let or set or otherwise do away their whole estate of their severall parts of the ground to them severally allotted shall or will give notice in writing to the other of them to the intent that he may have the first refusall thereof concluded and mutually agreed upon by and betweene the said Parties and H T. H H. for themselves their severall Executors and Administrators and either of them severally for himselfe
Tythe-barn and the moyety or one half of the great barn which half is next the tythe barn belonging to the now dwelling house of the said Parson in B aforesaid and of the whose lower barn commonly called c. therein to lay and bestow corn and grain lately in the occupation of c. and also of two lofts in the now dwelling house of the said Parson severally with lock and key therein to lay and bestow the said tythe corne and grain being likewise lately in the occupation of c. and free and quiet accesse way and passage with his horse cart and carriages into and from every of the said barns by and through the usual ways and passages now used accustomed to the same and free quiet access and recourse for from the said lofts at all lawful and due times and hours at all times and from time to time hereafter until the Feast of c. without any lawful let or interruption of any person or persons whatsoever if the said Parson shall so long live or that his Executor or Assigns shal or may so long have hold occupy and enjoy the aforesaid now dwelling house of the said Parson And also Covenant that if any the tythe be deteined the Parson at his costs charges shal sue for the same and free the Leassee from the said charge and what shall bee obtained by suit is to be paid the Leasee or his Assigns that if any of the Tythes except before excepted And also except the tythe of the ground belonging to the Vicar or Church which one W P now occupieth shall be detained and not duly set forth and paid as they ought then the said Parson at his own proper costs and charges shal with all convenient expedition attempt and commence suit against all and every the Deteiner and deteiners of the same Tythes except before excepted and shall effectually without fraud covin or delay prosecute all and every such suit and suits to an end and shal do his endeavor to obtain and get all that which by any Indenture or Sentence shall be given to him in recompence of the said Tythes so deteined in every and any such suit and suits And shall truly pay unto the said I his c. all and every such sum and sums of money as shall be paid unto him by reason of any such suits or of any order or composition made or taken for the same Tythes from time to time within four dayes next after the receipt or attaining thereof so that due The consideration to be paid for the said Tythes and the uses of payments just and lawful proofe be made thereof by the said I or his Assignes In consideration whereof he the said I W his c. covenanteth c. to and with the said Parson his c. in manner and form following viz. That he the said I his c. shal and will well and truly pay or cause to be paid unto the said Parson his c. at or in c. the sum of c. in form following viz. name the days c. without fraud or delay And that he the said I his c. shall lay and bestow all the tythe wheat and rye in the said lower Barn called c. and not elsewhere and shal from time to time after the same shal be inned thresh out all the said wheat and rye as he shall be thereunto required by the said Parson and as the same may conveniently be done without the prejudice or hurt of the the said I W. Covenant that I W shall rid the barn by such a day And further that his Executors or Assignes shall not only at and before the said Feast of c. rid and clear the said Barnes and every of them of all their corn straw and stuff but also wel and sufficiently repair and amend all such hurts harms spoils wafts and decayes as shall happen to come and be made or done to the said barns or any of them by through for or in the default negligence or means of the said I his Covenant to repair the barn during the time I VV shal hold it c. And also that he the said I W his c. shall at his or their own proper costs and charges wel and truly deliver or cause to be delivered unto the said Parson his c. for his or their own proper provision of house out of the best of the Tythe corn as it riseth indifferently eight quarters of wheat with heaps to every quarter at the price of c. and six quarters of rye at the price of c whereof seven quarters of wheat and four quarters of Rye after the time of harvest shall be delivered at all times when the same shall be demanded or whensoever the same seven quarters of wheat and four quarters of rye shall be ready to be delivered and the other quarter of wheat and three quarters of rye to be delivered as the said Parson shall spend and demand the same * Covenant to deliver thirty quarter of barley to the Parson so soon as that can be threshed out And also shal and will deliver or cause to be delivered at the place and barn aforesaid thirty quarters of barley with heaps to every quarter with as convenient speed as the same may be threshed to the hands of the said Parson his c. so as the said Parson his c. shal wel and truly repay unto the said I W his c. the like quantity of thirty quarters of barley within as convenient time as he the said Parson or his Assigns shall thresh the said corn out of his barn at home And further that he the said I W his c. shal at his or their like proper costs and charges upon reasonable request made provide for the said R W his c. so much seed or seed-rye of the best Covenant that the said I W. shall provide so much seed-rye of the best with pease and tares paying so much as I W shall lay out for the same corn to sow a certaine piece of ground as will sow so much Land at Woodcock as the said I W H M and I did lately sow together with pease and tares the said R paying so much money as the said I shall give disburse and lay out for the same * Proviso that if the Parson shal die depart this life before I W shal have inned his said tythe that from thenceforth the payments shall cease and the Executors and Administrators of the said Parson shall pay to the said I W the charges of so much as is inned and gathered in Provided alwaies and it is plainly and expresly meant covenanted granted conditioned and agreed by and between the said parties That if the said Parson shall dye and depart this world before the said I his c. shall or may lawfully and conveniently have gathered taken away or inned all
and the said goods and chattels before-bargained to take and seize to his use without interruption of him â—he said C. his c. ¶ In witnesse c. ¶ A Bargain and Sale of a Messuage with the appurtenanees in Fee-Farm Penn'd by William Nâ—y Esq with very good Covenants THis INDENTVRE made c. Between c. Witnesseth That the said A. B. for divers and sundry causes and considerations him moving Consideration and especially for and in consideration of c. to him the said A.B. by the said C.D. well and truly contented and paid in manner and form as hereafter in these presents is and shall be expressed and declared that is to wit 200 l. parcel of the said summe of c. before the ensealing and delivery of these presents which said summe of 200 l. he the said A.B. for himself his c. doth by these presents acknowledge and confesse himself to have received by the hands of the said C.D. and thereof and of every part and parcel thereof doth exonerate acquit and discharge the said C.D. his c. by these presents and the residue of the said sum of c. to be by him the said C.D. his c. to him the said A.B. well and truly contented and paid in manner and form as hereafter in and by these presents is and shall be expressed set down and declared Grant Hath given c. and to perpetual Fee-Farm demised and by these presents doth c. unto the said C.D. his Heirs and Assigns all that his Messuage or Tenement with the appurtenances now or late in the tenure and occupation of c. or of his Assigns scituate lying and being in c. together with all and singular Barns Stables Kilnes Ox-houses and other edifices and buildings orchards gardens courts yards lands tenements meadowes leasowes pastures feedings woods underwoods waters commons heaths turbaries mores marshes fishings fishyards rents reversions services liberties and hereditaments whatsoever with all and singular their appurtenances to the said Messuage or Tenement c. belonging or in any wise appertaining or demised leased or occupied together with the same Messuage or Tenement or known reputed accepted or taken to be part parcel or member thereof of whatsoever nature quality or degree the same or any of them be or by what name or title soever the same or any of them be named called or known scituate lying and being in c. or elsewhere within the said County of c. together with all and singular deeds charters writings escripts and mynuments whatsoever concerning the said Messuage or Tenement and other the premises with their appurtenances or any part or parcel therof which he the said A.B. now hath may have or at any time hereafter lawfully come by without suit in law To have and to hold Habend in Fee-Farm occupy enjoy all and singular the said Messuage or Tenement with the appurtenances together with all and every the said barns stables kilnes hey-houses and other edifices buildings orchards c. ut supra and other the premises with all and singular their appurtenances as it aforesaid together with all and every the said deeds charters writings escripts and mynuments whatsoever concerning the same premises or any part or parcel thereof unto the said C. D. his c. to his and their own only proper use and behoof in prepetual Fee-Farm for ever Reddend Yielding and paying therefore yearly unto the said A.B. his c. the summe of c. at the Feast of c. or within 10 daies after either of the said Feasts next and immediately following by equal portions for all and all manner of suits services customs duties charges exactions impositions and demands whatsover And if it happen the said yearly rent of c. to be behind and unpaid in part or in all by the space of c. That then it shall and may be lawful to and for the said A.B. his For non-payment of the rent to re-enter and distrain c. into the said Messuage or Tenement and other the premises with the appurtenances and every part parcel therof to enter distrain and the distress there found to lead drive and carry away and with him or them to detain and keep until he or they be of the said yearly rent with the arrearages thereof if any be well and truly satisfied and paid * And if the Rent shall be the space of c. behind and unpaid being lawfully demanded no sufficient distresse to be found then the said C.D. his c. shall pay unto A.B. the summe of c. in the name of a penalty for every such default And if it happen the said yearly rent of c. to be behind and unpaid in part or in all by the space of c. after either of the said Feasts in which it ought to be paid as aforesaid and the same being at the capital Messuage or Tenement aforesaid lawfully demanded and no sufficient distresse in or upon any part or parcel thereof can or may be found That then and so often he the said C.D. his c. shall or will content and pay or cause to be contented and paid unto the said A. B. his c. the sum of c. over and besides the said yearly rent and the arrearages thereof for and in the name of a penalty for every such default or non-payment of the same yearly rent so being behind and anpaid by the space of c. after either of the said Feasts as is aforesaid †A.B. Covenateth and E. his Wife and all other Persons claiming hereafter any Estate to his or their uses within the time and space of c. next ensuing at and upon the request of the said C. D. his c. and at his costs and charges in the law of the said C. D. shall and will do what may be done for the better assurance of the premises by any means whatsoever so that the warranty do not exâ—end any further then herein is expressed And the said A.B. for him c. Covenanteth c. to and with the said C.D. his c. and every of them by these presents That be the said A.B. his c. and E. his Wife and all and singular other Person and Persons whatsoever any estate having pretending or claiming to have to his their or any of their use or uses at all and every time and times hereafter within the time and space of c. next ensuing the Day of the ensealing and delivery of these presents and at and upon the reasonable request and demand of the said C.D. his c. and at and upon his and their proper costs and charges in the Law shall and will do make knowledge execute suffer perfect and perform or cause to be done c. all and every such further act and acts thing and things devise and devises conveyance and conveyances assurance and
assurances whatsoever lawful and reasonable as shall be reasonably and lawfully devised or advised by the said C.D. his c. or by his or their learned Counsel c. for the further better assurance and sure-making of all and singular the said Messuage or Tenement with the appurtenances and of all and singular other the premises and every part or parcel thereof to him the said C.D. his c. in manner and form aforesaid be it by fine feoffment warranty deed or deeds introlled or by the inrolment of these presents or by all or any the wayes and means aforesaid or otherwise howsoever so that the said warranty do not extend any further nor against any Person or Persons or their Heires other then against him the said A.B. his c. and R.R. of c. and the Heires and Assigns of him the said R.R. and against R. C. of c. and G. C. Sonne and Heir apparent of the said R. C. and the Heires and Assigns of him the said R. R. and against R. C. of c. and G.C. Son and Heir apparent of the said R.C. and the Heires and Assigns of either of them and against all and singular other person and person whatsoever and their Heires any right title estate or interest having pretending or claiming to have of in or to the same premises or any of them by for from or under them the said A.B. R.R. R.C. and G. C. or any of them in or by any manner of way or means whatsoever †A.B. Covenanteth that the premises at the sealing hereof are clearly discharged and saved harmless from all former bargains and sales and all other engagements whatsoever And moreover the said A.B. for himself c. covenanteth c. to and with the said C.D. his c. by these presents That all and every the said Messuage or Tenement Lands Tenements Meadowes c. and other hereditaments and all and singular the premises with their and every of their appurtenances at the time of the ensealing and delivery of these presents stand and be at all times hereaster and from henceforth shall be stand remaine and continue clearly exonerated discharged acquitted and saved harmlesse of and from all manner of former gifts grants bargains sales feoffements alienations entailes wills uses leases joyntures dowers recognizances statutes merchant statutes staple eligits obligations covenants promises judgments executions issues fines amerciaments forfeitures penalties entries title of entries entrusions conditions annuities rents rents charges rents secks arrearages of rents suits services heriots duties taxes customs impositions and all other charges demnads and incumbrances whatsoever heretofore had made knowledged procured caused or suffered or hereafter to be had made done c. by or by the means or consent of them said A.B. R.R. or either of them or any other person or persons or their Heires any estate having claiming or pretending to have of in or to the said premises or any part c. by for from or under them the said A. B. and R.R. or either of them or any other Person or Persons the said yearly rent of c. in and by these presents above expressed limited and reserved to be paid yearly and payable to him the said A.B. his c. in form aforesaid and one lease or demise heretofore made c. by Indenture Dated c. for and during the term of c. them and from thenceforth next and immediately following and the several summes of money in and by these presents hereafter mentioned limited and appointed to be paid to said A. B. his c. for the whole clear and absolute purchase of the said Messuage or Tenement and other the premises with the appurtenances in manner and form aforesaid only excepted and foreprized A. B. Covenants to save and keep harmlesse the said premises with the appurtenances as also the said C. D. his c. their and every of their Lands Goods and Chattels not onely against the aforesaid c. but also against the c. of c. or by what name soever they be called from all rent-services c. And further the said A. B. for himself his c. That he the said A. B. his c. shall and will from time to time and at all and every time and times hereafter and from henceforth clearly exonerate acquit discharge and save harmlesse as well the said Messuage or Tenement and all and singular the premises with the appurtenances as also him the said C. D. his c. and his and their and every of their Lands Tenements Goods and Chattels not onely against the aforesaid c. his c. but also against c. of c. by whatsoever name or names they the said c. now are is or shall be called named or incorporated as well of and from all and singular rents services arrearages suits of Courts Heriots reliefes duties customes and demands whatsoever at any time or times hereafter due payable or demandable or to be claimed and demanded as due out of for or by reason of the same premises or any part or parcel thereof by him the said C. G. his c. and them the said c. of c. or any of them as also all and all manner of distresses penalties forfeitures entries titles of entries actions suits judgments executions troubles costs charges and other incumbrances whatsoever of for or by reason of any such rents services arrearages suits of Courts Heriots reliefs duties customs or demands or any of them whatsoever In consideration whereof In consideration C.D. covenanteth to pay to A. B. the sum of c. on the Feasts c. in ful discharge of the purchase of Messuages c. the said C.D. for himself his c. doth Covenant c. to and with the said A.B. his c. by these presents That he the said C.D. his c. shall and will well and truly content and pay or cause c. unto the said A. B. his c. the summe of c. in manner and form following viz. at or on the Feast c. next comming after the date hereof between the houres of c. in the afternoon of the same day within c. or at or in the place where the said outer Pentice now standeth the summe of c. or at or on the Feast c. which shall be in c. between the like houres of c. in the afternoon of the same day and within or at the place aforesaid the summe of c. for the last payment and residue of all and singular the fame sum of c. and in full satisfaction discharge and entire payment of the same for and in consideration of the full clear and absolute purchase of the said Messuage or Tenement and other the premises with all and singular their appurtenances in manner and form aforesaid according to the true intent and meaning of these presents †Proviso that the said A.
B. shall seal and deliver at the request of C.D. and at the costs of the said C.D. in the Law as the Deed of him the said A.B. unto the said C.D. upon every payment a good and lawful acquittance in writing under his hand and seal testifying the payment of the same Provided alwaies and neverthelesse the said A. B. for him his c. covenanteth c. to and with the said C.D. his c. by these presents That he the said A. B. his c. shall and will at and upon the request and demand of the said C. D. his c. seal and deliver and lawfully tender and offer to seal and deliver as the Deed of him the said A.B. his c. unto him the said C.D. his c. at and upon every payment or other sufficient satisfaction and discharge of every of the said summes of c. so to him the said A. his c. to be had or made by him the said C.D. his c. as is aforesaid one good sufficient and lawful acquittance in writing subscribed with the hand and sealed with the seal of him the said A. B. his c. so receiving the said summes as is aforesaid testifying acknowledging and averting the payment and receipt of the same These Indentures or any thing clause article covenant proviso or sentence therein contained to the contrary hereof in any wise notwithstnading Proviso and agreed by the saia Parties that if default of payment be made by C.D. and A. B. tendring and offering acquittance or acquittances in writting testifying the payment and receipt of the same that then it shall be lawful for the said A. B. and his c. to re-enter and the same to have again and enjoy as in their former right any thing in these presents notwithstanding Provided alwayes and it is also Covenanted granted and agreed by and between the said Parties and the said C. his c. doth Covenant c. That if default of payment be hereafter had or made of or in any of the said payments of any the said several summes of money last before mentioned at any of the said several Feastd-ayes in which the same or any of them are by these presents above limited and appointed to be paid or otherwise if the said summes or any of them be not duly and fully satisfied and discharged according to the true intent and meaning of these presents and he the said A. B. his c. tendering and offering unto him the said C. D. his c. such sufficient and lawful acquittance or acquittances in writing testifying the payment and receipt of the summe as in these presents is above-expressed and declared That then and at all times from thenceforth it shall and may be lawful to and for him the said A.B. his c. into all and singular the said Messuage or Tenement and all other the premises with their appurtenances wholly to re-enter and the same to have again repossesse and re-enjoy as in his or their former right or title and estate This Indenture or any thing clause of covenant therein c. notwithstanding Provided finally and moreover it is the true intent and meaning of these presents and of the said Parties to the same and the said A. B. for him c. doth covenant A. B. Covenanteth that if the said C.D. his c. shall by any manner of menas be outed of the premises by any person to be recovered or lawfully evicted out of the possession of the said C. D. by due course of Law then the said A. B. upon the reasonable request of the said C.D. his c. at such Dayes and Feasts in these presents expressed shall truly content and pay to the said C.D. all such sum and sums of moneys received by the said A.B. before the said eviction decree c. That if in case it fortune the said Messuage or Tenement and other the premises or any of them or any part or parcel thereof at any time or times hereafter to be by any person or persons whatsoever recovered or otherwise lawfully evicted from against or out of the possesion of him the said C.D. his c. by due order or course of Law of in or to the same premises or any of them Or if it happen any Decree in or upon any Bill of Complaint or any Judgment or Verdict in any suit writ or action real personal or in plea whatsoever to passe or be given against him the said C.D. his c. or any of them or against his their or any of their rights titles or interests of in and to the same premises or any part thereof is or shall be disposed avoided adnulled defeated or undone without fraud oâ— covin That then and in such case he the said A.B. his c. or some of them within c. next after such recovery eviction decree judgment or verdict so to be had given and passed as aforesaid at and upon the reasonable request and demand of the said C.D. his c. and at such dayes times and Feasts and in such manner and form as in and by these presents shall be hereafter expressed limited and appointed shall and will well and truly content satisfie and pay and cause to be satisfied contented and repaid unto him the said C.D. his c. all and every such and the like sum and sums of money as he the said A. B. his c. shall then before that is Judgment or Verdict of the said C. D. his c. in consideration of the said purchase to wit before any such recovery eviction decree judgment or verdict as is aforesaid have had or received of at or by the hands of him the said C.D. his c. or any of them for or in consideration of the said purchase of the said Messuage or Tenement and other the premises so as is before said that is to wit by such like payments portions and several summes as he the said A.B. his c. shall have had or received the same The first payment to be made within c. next after recovery eviction decree judgment or verdict so to be had pass or given aâ— the second payment at c. The first payment thereof to be had and made within c. next after such recovery eviction decree judgment or verdict so to be had passed or given as aforesaid at or within the outer Pentice c. and the second and next payment thereof to be had c. and made in and upon the Feast-day of c. then next and immediately following between the houres of c. in the afternoon of the same day and at or in the place aforesaid and so forth yearly at the like dayes of c. and between the like houres of c. in the afternoon of every such Feast day of c. and at or in the place aforesaid untill every such or the like summe or sums of money as he
for the same premises during the residue then to come and to be unexpired of the said term of c. in the Habend of the said first recited Indenture of Lease expressed In paying the rent may freely and peaceably enjoy the premises And that from and after the expiration or other determiation of the said term of c. by the same Indenture granted they the said I. and W. their c. for the payment of the said yearly rent of c. in manner and form abovesaid shall and may peaceably lawfully and quietly have hold c. Clause for peaceable enjoying ¶ In Witnesse c. ¶ A Bargain and Sale of a Messuage with the appurtenances in Fee-Farm with good Covenants in a very good Form Penn'd by Robert Mason Esquire THis INDENTVRE made c. Between c. Witnesseth That the said I. H. for divers and sundry causes and considerations him moving Consideration in money part in hand and part at time to be paid and especially for and in consideration of the summe of c. to him the said I. H. by the said R. H. well and truly contented and paid in manner and form as hereafter in these presents is and shall be expressed and declared viz. 100 l. parcel of the said summe of c. before the ensealing and delivery of these presents which said sum of 100 l. he the said I. H. for himself his Heires c. doth by these presents acknowledge and confesse himself to have received by the hands of the said R.H. and thereof and of every part and parcel thereof doth exonerate acquit and discharge the sard R. H. his c. by these presents and the residue of the said sum of c. to be by him the said R. H. his c. to him the said I. H. his c. well and truly contented and paid in manner and form as hereafter in and by these presents is and shall be expressed The recital of the premises sold set down and declared Hath given granted and to perpetual Fee-Farm demised and by these presents doth bargain c. unto the said R.H. his c. all that his Messuage or Tenement with the appurtenances now or late in the tenure and occupation of the said R. H. or of his Assigns scituate lying and being in c. aforesaid in the said County of c. Together with all Barns Stables Kilnes Ox-houses and other Edifices and Buildings Orchards Gardens Courts Yards Lands Tenements Meadowes Leasowes Pastures Feedings Woods Under-woods Waters Commons Heaths Turbaries Moors Marshes Fishings Fish-yards Rents Reversions Services Liberties and Hereditaments whatsoever with all and singular their Appurtenances to the said Messuage or Tenement belonging or in any wise appertaining or demised leased or occupied together with the same Messuage or Tenement or known reputed accepted or taken to be part parcel or member thereof of whatsoever nature quality or degree the same or any of them be or by what name or title soever the same or any of them be named called or known scituate c. or elsewhere within the said County of c. Together with all and singular Deeds Charters Writings Escripts and Minuments whatsoever concerning the said Messuage or Tenement and other the premises with their appurtenances or any part or parcel thereof which he the said I.H. now hath may have or at any time herafter lawfully come by without suit in Law Habendum in perpetual Fee-Farm To have hold occupy and enjoy all and singular the said Messuage or Tenement with the appurtenances together with all and every the said Barnes c. ut supra and other the premises with and singular their appurtenances as is aforesaid together with all and every the said Deeds Charters Writings Escripts and Minuments whatsoever concerning the same premises or any part or parcel thereof unto the said R. H. his Heirs c. to his and their own onely proper use and behoof in perpetual Fee-Farm for ever †Reddendum at four Feasts by equal portions and for non-payment to distrain and carry away the same and keep till the same be paid with the arrearages Yielding and paying therefore yearly unto the said I.H. his c. the sum of c. at the Feasts of c. or within ten daies after either of the said Feasts next and immediately following by even portions for all and all manner of suits services customes duties charges exactions impositions and deeds whatsoever And if it happen c. That then it shall and may be lawful to and for the said I.H. his c. into the said Messuage or Tenement and other the premises with the appurtenances and every part and parcel thereof to enter and distrain and the distresses there found to lead drive and carry away and with him or them to detain and keep untill he or they be of the said yearly rent with the arrearages thereof if any be well and truly satisfied and paid And if it happen the said yearly rent of And if it shall be behind fourty dayes after any of the said Feasts and no distresses to be found for every such default to pay 20 s. over and besides the yearly rent for and in the name of a penalty c. to be behind unpaid in part or in all by the space of forty dayes after either of the said Feasts in which it ought to be paid as aforesaid and the same being at the capital Messuage or Tenement aforesaid lawfully demanded and no sufficient distresse in or upon any part or parcel thereof can or may be found That then and so often he the said R. H. his c. shall and will content and pay or cause c. unto the said I.H. his c. the sum of 20 s. of c. over and besides the said yearly rent and the arrearages thereof for and in the name of a penalty for every such default or not payment of the said yearly rent so being behind and not paid by the space of forty dayes after either of the said Feasts as is aforesaid And the said I. H. for himself his c. doth Covenant c. to and with the said R.H. by these presents That he the said I.H. his c. and E. his Wife and all and singular other Person and Persons whatsoever any estate having pretending or claiming to have to his their or any of their use or uses at all and every time and times hereafter within the time and space of three years next c. †A Convenant to make further assurance so that the warranty doth nor extend further then against the said I. H. and R.H. the Father and G.C. Son and Heir apparent of R. C. and their Heirs and Assignes Covenant for further assurance So that the said warranty do not extend any further nor against any person or persons or their Heires c. other then against him the said I.H. his c. and R. H. Esquire
Father of him the said I. H. and the Heires and Assigns of him the said R. H. and of R.C. late of VV. c. deceased and G.C. Son and Heir apparent of the said R. H. and their Heires and Assigns and the Heires and Assigns of either of them and against all and and singular other Person and Persons whatsoever and their Heires any right title estate or interest having pretending or claiming to have of in or to the same premises or any of them by from or under them the said I.H. R.H. R.C. and G.C. or any of them in or by any manner way or mean whatsoever * I. H. Covenants that the premises at the time of the sealing hereof are free and clear from all manner of former bargains gifts and grants and shalf so stand remain and continute And moreover the said I.H. for himself his c. doth c. ut supra that all and every the said Messuage or Tenement Lands c. and other Hereditaments and all and singular the premises with their and every of their appurtenances at the time of the ensealing and delivery of these presents stand and be and at all times hereafter and from henceforth shall be stand remain and continue clearly exonerated discharged acquitted and saved harmlesse of and from all and all manner of former gifts grants bargains c. heretofore had made knowledged done procured caused or suffered or hereafter to be had c. by or by the means and consent of them the said I.H. or R.H. or either of them or any other Person or Persons or their Heirs and estate having pretending or claiming to have of in or to the said premises or any part c. by for from or under them the said I.H. and R. H. or either of them The yearly rent reserved to be yearly paid I. H. and also one Lease or Demise bearing date c. and severall sums of moneys appointed to be paid to the said I. H. for the whole clear and absolute purchase of the said Mesuage with the appurtenances or any other Person or Persons the said yearly rent of c. in and by these presents above expressed limited and reserved to be yearly paid and payable to him the said I.H. his c. in form aforesaid and one Lease or Demise heretofore made c. by Indenture bearing date c. for and during the term of c. then and from thenceforth next and immediately following and the serveral sums of money in and by these presents hereafter mentioned limited and appointed to be paid to the said I.H. his c. for the whole clear and absolute purcharse of the same Messuage or Tenement and other the premises with the appurtenances in manner and form aforesaid only excepted and foreprized * I. H. Covenants for him and his c. to save harmlesse the said Messuage with the appurtenaces and also the said R.H. and his c. their Lands Goods and Chattels not onely against G.C. but also against c. from all services rents arrearages suits of Court and all other things whatsoever for or by renson bf the premises by him the said G.C. his c. and the said c. or Assigns and all other penalties whatsoever And further the said I.H. for himself his c. shall and will from time to time and at all and every time and times hereafter and from henceforth clearly exonerate acquit discharge and save harmelesse as well the said Messuage or Tenement and all and singular the premises with the appurtenances c. as also him the said R.H. his c. and his and their and every of their Lands Tenements Goods and Chattels not onely against the aforesaid G.C. his c. but also against the c. of c. and their c. by whatsoever other name or names they the said c. now are is or shall be called named or incorporate as well of and from all and singular rents services arrearages suits of Courts heriots reliefs duties customs and demands whatsoever at any time or times hereafter due payable or demandable or to be claimed and demanded as due out of for or by reason of the said premises or any part or parcel thereof by him the said G.C. his c. and them the said c. of c. or any of them as also of and from all and all manner of distresses penalties forfeitures entries titles of entries actions suits judgments executions troubles costs charges and other incumbrances whatsoever of for or by reason of any such rents services arrearages suits of Courts heriots reliefs duties customs or demands or ann of them whatsoever R. H. Covenants upon consideration thereof that he will pay 〈…〉 unto I. H. on the c. the sum of c. in full discharge of the purchase In consideration whereof the said R.H. for himself his c. doth Covenant c. to and with the said I. H. his c. by these presents That he the said R.H. his c. shall and will well and truly content and pay or cause c. unto the said I.H. his c. the sum of c. in manner and form following That is to say at or in the Feast-day of c. next coming after the Date hereof within the Utter Pentice of the City of Chester or at and in the place where the said Utter Pentice now standeth the sum of c. or at or in the Feast-day of c. which shall be in the year c. and within or at the place aforesaid the sum of c. for the last payment and residue of all and singular the same sum of c. and in full satisfation discharge and entire payment of the same for and in consideration of the full clear and absolute purchase of the said Messuage or Tenement and other the premises with all and singular their appurtenances in manner and form aforesaid according to the true intent and meaning of these presents †Covenants by Proviso That I. H. will seal and deliver as his deed unto R.H. upon every payment a sufficient discharge and acquitance Provided alwaies and neverthelesse the said I. H. for him his c. doth Covenant c. to and with the saith R.H. his c. by these presents That he the said I.H. his c. shall and will at and upon the request and demand of the said R.H. his c. and at and upon the proper costs and charges in the Law of the said R.H. his c. seal and deliver and lawfully tender and offer to seal and deliver as the Deed of him the said I H. his c. unto him the said R. H. his c. at and upon every payment or other sufficient satisfaction and discharge of every the said sums of c. so to him the said I.H. his c. to be had or made by him the said R. H. his c. as is aforesaid
one good sufficient and lawful Acquittance in writing subscribed with the hand and sealed with the seal of him the said I.H. his c. so receiving the said sums as is aforesaid testifying acknowledging and averring the payment and receipt of the same These Indentures or any thing Clause Article R.H. Covenanteth That if default be made of any of the payments on the several Feast-dayes and I. H. tendring an acquittance that then is shall be lawful for I.H. into the said Messuages premises to enter and the same to have and enjoy again as in his former right Covenant Proviso or sentence therein contained to the contrary c. Provided alwaies and it is also Covenanted c. by and between the said Parties and the said R. his Executors c. doth Covenant c. That if default of payment be hereafter had or made of or in any of the said payments of any the said several sums of money last before mentioned at any of the said several Feast-daies in which the same or any of them are in and by these presents above limited and appointed to be paid Or otherwise if the said sums or any of them be not duly and fully satisfied and discharged according to the true intent and meaning of these presents And he the said I.H. his c. tendring and offering unto him the said R.H. his c. such sufficient and lawful Acquittance and Acquittances in writing testifying the payment and receipt of the same as in these presents is above expressed and declared That then and at all times from thenceforth if shall and may be lawful to and for him the said I.H. his c. into all and singular the said Messuage or Tenement and all other the premises with their appurtenances wholly to re-enter and the same to have again re-possesse and enjoy as in his or their former right or title and estate this Indenture or any thing clause c. ut supra †Provided that if the said Messuages and premises at any time hereafter to be to any Person or Persons whatsoever recovered and the said R.H. evicted out of possession by due order and course of law or by any decree or otherwise That then in such case the said I.H. shall within three years pay unto the said R. H. all such moneys as he received of the said R. H. for the purchase of the premises The moneys to be paid at several payments as in the Deed is expressed Provided finally and moreover it is the true intent and meaning of these presents and of the said Partics to the same and the said I.H. for him his c. doth c. to and with c. That if in case it fortune the said Messuage or Tenement and other the premises or any of them or any part or parcel thereof at any time or times hereafter to be by any person or persons whatsoever recovered or otherwise lawfully evicted from against or out of the possession of him the said R.H. his c. by due order and course of Law of in or to the same premises or any of them or if it happen any decree in or upon any Bill of Complaint or any Judgement or Verdict in any suit writ or action teal personal or mixt whatsoever to be passed or given against him the said R.H. his c. or any of them or against his their or any of their rights titles or interests of in and to the same premises or any part or parcel therof is or shall be disposed avoided adnulled defeated or undone without fraud or covin That then and in such case he the said I.H. his c. or some of them within three years next after any such recovery eviction decree Judgment or Verdict so to be had given and passed as is aforesaid at and upon the reasonable request and demand of the said R.H. his c. and at such daies times and feasts and in such manner and form as in these presents shall be hereafter expressed limited and appointed shall and will well and truly content satisfie and pay or cause c. unto him the said R.H. his c. all and every such and the like summe and summes of money as he the said I. H. his c. shall then before that is to say before any such recovery eviction decree Judgment or Verdict as is aforesaid have had or received of at or by the hands of him the said R. H. his c. or any of them for and in consideration of the said purchase of the said Messuage or Tenement and other the premises so as is before-said That is to fay by such like payments portions the several summes as he the said I. H. his c. shall have had or received the same the first payment thereof to be had and made within one half year next after any such recovery c. so to be had passed or given as aforesaid at or within c. and the second and next payment thereof to be had c. in and upon the Feast-day of c. then next and immediately following at or in the place aforesaid and so forth yearly at the like Day of c. and as the place aforesaid untlil all and every such or the like sum or sums of money as he the said I. ◠his c. or any of them shall so then before any such recovery c. have had and received at of or by the hands of him the said R.H. his c. or any of them for or in consideration of the said purchase of the said Messuage or Tenement and other the premises as is aforesaid be or shall be by him the said I. H. his c. unto him the said R. H. his c. well and truly satisfied contented and paid without fraud covin or delay These Indentures c. to the contrary c. ¶ In Witnesse c. ¶ An Assignment of divers Estates in a very good Form Penn'd by R. Mason Esquire TO all Christian people to whom this present writing shall come Consideration I R.G. of c. do send greeting Whereas R. VV. of c. by his Indenture of Lease bearing Date c. for the consideration therein expressed Rent reserved Hath for the term of c. commencing from c. last past before the Date of the same Indenture of Lease and for the yearly rent of c. thereby reserved to be due and payable quarterly by even portions Demised granted and to Farm letten unto W.C. of c. one piece or parcel of ground set Demise of a piece of ground lying and being in c. aforesaid as the same was then appointed and agreed upon to be well and sufficiently fenced and inclosed to contain from East to West c. name the abutting As by the same Indenture of Lease amongst divers other Covenants grants and agreements therein contained whereunto relation being had more plainly may appear
all and singular the afore-recited premises and every part thereof without any the molestation vexation disturbance hindrance or trouble of him the said G. P. his c. or of any of them or of any other Person or Persons whatsoever by or through his or their means assent consent or procurement ¶ In witnesse c. ¶ A Mortgage of a House in Fee-simple for indempuification in a â—ury good Form Penn'd by Robert Mason Esquire TO all People to whom this present Writing shall come to be seen heard or read I N.K. of c. and A. my Wife send greeting in our Lord God everlasting In consideration of indempuity and discharge Know ye us the said N.K. and A. my Wife as welf for the more indempuity and discharge of N.V. of c. and I.I. of c. and either of them and the Executors c. of them and either of them against all manner of Person and Persons of and for all and every sum and sums of money as they or either of them stand bound in or is charged or chargeable for with us the said N. K. and A. my Wife or with or for either of us to any Person or Persons Whatsoever by Bill promise specialty obligation or otherwise howsoever As also for divers other special good causes and considerations us hereunto moving Grant have granted bargained sold enfeoffed and confirmed and by these presents do fully and plainly give grant c. unto the said N.V. and I.I. and to either of them and to the Heires of either of them for ever Recital of the premises to be Mortgaged All those two Messuages or Tenements in c. in or near the Street there called c. and all the houses edifices and buildings yards orchard gardens and hereditaments to the said Messuages or Tenements or any of them belonging or appertaining or at any time heretofore therewith used or occupied with all and singular their appurtenances whatsoever And one parcel of Land or Garden-plot thereto adjoyning with a Well in the same as they now be scituatinâ— and lying in c. between the Messuages or Tenements n … or late of T.P. and so expresse the bounds Except and a waies reserved And for the consideration aforesaid the said N.K. and A. his Wife have granted N.V. and I.I. all their estate in the premises with all writings and evidences whatsoever c. And further I the said N.K. and A. mâ— Wife for the consideration abovesaid have also by these presents given granted bargained and sold unto the said N.V. and I.I. and to either of them and to either of their Heires for ever all the estate right title interest reversion and reversions remainder and remainders of and in the said Messuages or Tenements and other the premises and of in and to every part and parcel of the same except before excepted together with all and sigular deeds evidences charters writings escripts Minuments transcripts of fines and exemplification touching or concerning the said premises any part or parcel of the same To have and to hold the said Messuages or Tenements Habendum to them and their Heirs for ever except before excepted houses edifices buildings and all other the premises before by there presents bargained and sold or mentioned to be bargained and sold with all and singular their appurtenances except before excepted unto the said N.V. and I. I. and either of them and to either of their Heires to the onely and proper uses and behoofs of them the said N. V. and I. I. and either of them and to either of their Heires and Assignes joyntly and severally for evermore Proviso That if the said N.K. and A. his Wife shall pay and discharge all such Debts as N. and I. stands bound and is chaâ—ged for them to any Person or Persons and do alwaiâ—s after save and keep hamlesse the said N. and I. and their Goods from all manner of trouble then this bargain and sale to be void Provided alwaies and neverthelesse upon condition That if I the said N.K. and A. my Wise or either of us or the Heirs c. of us or either of us do satisfie content and pay or cause c. unto all and every such Person or Persons whatsoever as the said N. and I. or either of them stand bound unto for us or either of us such summe or summes or other thing or things whatsoever as the said N. and I. or any of them standeth bound in or is charged or chargeable with or for us the said N.K. and A. or either of us to any such said Person or Persons what soever by Bill promise specialty obligation or otherwise howsoever according to the intent true meaning and limitation of such matters and things as they stand so charged for is or ought to be observed performed fulfilled and kept And do also at all times hereafter discharge and save and keep harmlesse the said N.V. and I.I. and either of them and the Heires Executors c. of them and either of them and their and either of their bodies goods chattels lands and tenements and every of them of and from all and every such said Person and Persons as aforesaid and every of them and of and from all and all manner of suits troubles damages costs and charges as shall be commenced had gotten or received against them or any of them by any such said Person or Persons as they or either of them stand bound unto or is charged or chargeable by any wayes or means whatsoever with or for us the said N. K. and A. my Wife or either of us as aforesaid That then and from thenceforth this present Deed of bargain and sale and the possession livery and seizin of the said bargained permises made taken and delivered shall be utterly void frustrate and of none effect to all intents and purposes And that upon the request made to N. and I. or either of them they or either of them shall re-deliver all Deeds and evidences concerning the premises to the said N. K. and A. his Wife whole and uncancelled And that then upon request made to them the said N.V. and I.I. or either of them they or either of them shall and will re-deliver or cause to be re-delivered back again to the said N. K. and A. his Wife or either of them their Heirs or Assigns all and singular the said Deeds evidences charters escripts mynuments transcripts of fines and exemplifications of records touching or concerning onely the above-bargained premises or any part or parcel of the same and now remaining in the hands custody or possession of the said N.V. whole uncancelled and undefaced But upon non performance of the said proviso and upon default made then this Deed to stand in full force and effect But if default in any thing of or in performing of the aforesaid proviso contrary to the tenour and true meaning thereof That then after such default made
with the said R. T. his c. by these presents That if the said B. T. his c. do orshall well and truly pay or cause to be paid unto the said S. P. his c. the sum of 1651. of c. at or in c. on the 7. Day of c. without any fraud or covin That then and from thenceforth this present Deed-poll or writing of assignment and every Covenant grant and article herein contained tending to the benefit and advantage of the said S. P. his c. shall be utterly void frustrate and of none effect ot all intents and purposes whatsoever and that then also he the said S. P. his c. shall and will well and truly redeliver or cause c. unto the said R. T. his c. requiring the same the said recited Indenture of Lease uncancelled and undefaced without altering or changing the property thereof in any manner of wise and shall then also deliver or cause c. unto the said R. T. his c. this present Deed-poll or writing of assignment to be cancelled and made void But if default be made in the payment of the said sum of c. in part or in all that then this Deed or writing shall stand in full force to the use and benefit of the said S. P. and his c. And the said R. T for him c. doth Covenant c. That if default shall happen to be made of or in payment of the said sum of 165 l. in part or in all contrary in any wise to the form above-expreessed for payment thereof That then and from thenceforth this present Deed or writing of assignment and every Covenant grant and article herein contained tending to the benefit and advantage of the said S.P. his c. shall be remain adn continue in full power force and vertue And that then and from thenceforth he the said S.P. his c. for the said yearly rent of 40 l. and under and according to the other Covenants grants articles and agreements contained in the said Indenture of Lease from thenceforth on the Tenants part to grow due to be paid done and performed shall or may peaceably and quietly have hold occupy possesse and enjoy the said piece or parcel of ground and all other the premises with the appurtenances above-mentioned to b hereby bargained and sold without any let trouble or interruption of or by him the said R. T. his c. or any of them and without any lawful let eviction or expulsion by their or any of their meanes assent forfeiture or procurement during all the residue of the said term of c. then to come and unexpited ¶ In witnesse c. A Bargain and Sale of a Bark or Ship TO all those to whom this present Writing shall come I J. H. of c. do send greeting Know ye That I the said J. H. for and in consideration of c. Have bargained and sold and by these presents do bargain and sell unto the said T.R. all that my Bark or Vessel called c. of the burthen of c. or there abouts now surging at anchor in c. And all and singular the mast-sales sale-yards anchors cables cock or boat tackle furniture munition and apparel to the same Bark or Vesse belonging or in any wise appertaining To have and to hold the same my Bark or Vessel and all and singular the masts c. ut supra thereunto belonging or appertaining as aforesaid unto the said T. R. his c. for ever And I the said J. H. for my self my c. do Covenant c. to and with the said T. R. his c. That I the said J. H. have in my self and in my own name rightful power and lawful authority to bargain and sell all and singular the same Bark or Vessel and premises unto the said T. R. his c. in such manner and form as aforesaid And that all and singular the same premises now are and be and so from henceforth shall for ever continue remain and be unto the said T. R. his c. clear free and clearly acquitted exonerated adn discharged or otherwise by me the said J. H. my c. well and sufficiently saved harmlesse of and from all and singular former bargains grants and incumbrances whatsoever And further that I the said J. H. my c. all the same premises unto the said T. R. his Executors c. against all people shall and will warrant and defend by the space of c. now next ensuing according to the Lawes of Oleron fire water and enemy only excepted And I the said J. H. have put the said T. R. in full and peaceable possession of all and singular the same premises by the delivery of c. at the ensealing and delivery hereof sixed in the seal to these presents ¶ In witnesse c. ¶ A Condition that a Church-Warden shall give an Accompt COnditions That whereas the within named A.B. together with the other Parishioners of the Parish of c. have before the Date within written of one assent consent and agreement elected and chosen the within-named C.D. to be Church-warden of the said Parish for one whole year now next ensuing to receive and pay all such summe and summes of money and other things as in any wise shall or may concern the said Church of c. or belong to the Poor of the said Parish and for the oversight and ordering of all such businesse as belongeth to a Church-warden If therefore the said C.D. do at all times during his continuance in the said office of Church-warden keep a true just and perfect accompt in writing of the receipts and payments of all such summes of money and other things whatsoever as shall in the mean time come to his hands charge or custody in the right of the said Church or poor of the said Parish And do not in the mean time lay out or expend upon any occasion whatsoever for any one particular businesse above the sum of 40 s. without the consent of the said A.B. and some other of the Parishioners of the said Parish whom the said A.B. shall appoint to consider thereof And further if the said C.D. his c. after the end of one whole year now next ensuing upon demand of the said A. B. and other the Parishioners of the said Parish do make and deliver up to such Auditors as for the same purpose shall be appointed a true just and perfect accompt of the receipt and payment of all such sums of money and other things as shall come to his hands as aforesaid and upon such accompt made and delivered up as aforesaid do well and truly pay and deliver unto the said Auditors or to such other Person as shall be appointed in that behalf all such sum and sums of money and other things whatsoever as then shall remain in the hands upon the foot of his said accompt and
Administrators or Assignes at one whole and intire payment as well the said sum of Six hundred pounds of c. and the said sum or Rent of 60 l. and nomine poenae or so much thereof as shall be then due and all the arrearages of the same yearly Rent of 60 l. if any shall be then due to the said Sir I.M. Sir E.C. and M.W. their Heires or Assignes unpaid that then and immediately from and after the said payments so due and truly answered and paid according to the true intent and meaning of these presents This present grant bargain and sale shall cease and be utterly void and of none effect any thing in these presents contained to the contrary notwithstanding And that the said Sir I.M. Sir E.C. Covenant That the said Sir I.M. Sir E.C. and M.W. and their Heirs from and after the payment of 600 l. principal money and 60 l. yearly Rent and the arrearages thereof as before in these presents is mentioned shall stand and be seized of the said Manour of Wenden with all the premises before mentioned to the onely proper use of the said Sir W.W. and of his Heires for ever and M.W. their Heires or Assignes from and after the payment of the said sum of 600 l. and the said yearly Rent of 60 l. and the arrearages thereof in manner and form as before is mentioned shall stand and be seized of the said Manour of Wenden alias W. with all other the Premises before mentioned to be granted bargained and sold for and to the onely proper use and behoof of him the said Sir W.W. and of his Heires and Assignes for ever and to no other use uses or intents ¶ In witnesse whereof the Parties c. ¶ A Deed of Covenant to lead the use of a Fine Feoffement or Recovery c. with speciall Covenants therein contained THis INDENTVRE made the c. Betweene Sir J.C. the elder of C. in the County of C. Knight and Sir J.C. the younger Son and Heire apparent of the said Sir J.C. the elder and Dame A.C. Wife of the said Sir J.C. the younger of the one part And Andrew Huddleston of F. in the County of L. Gent. of the other part Witnesseth That the said Sir J.C. the elder For the consideration of 4470 l. and Sir J.C. the younger and Dame A. his Wife and every of them for divers good causes and considerations them and every of them thereunto moving and especially for and in consideration of the summe of 4470 l. of good and lawfull money of England 600 l. whereof is in hand well and truely satisfied and paid by the said A.H. unto the said Sir J.C. the younger before the ensealing and delivery of these presents of which said summe of 600 l. the said Sir J.C. the younger doth acknowledge the receipt by these presents and of the same summe of 600 l. hath and doth hereby exonerate acquit and discharge the said A.H. his Heires Executors and Assignes by these presents and the residue of the said summe of 4470 l. amounting to the summe of 387 l. of like lawfull money of England is agreed to be well and truely satisfied contented and paid by the said Andrew Hunddleston his Heires Executors Administrators or Assignes or some of them unto the said Sir J.C. the younger his Executors or Administrators or some of them in manner and forme following that is to wit in or upon the tenth day of December now next and immediately following after the day of the date of these presents Severall times limited for the payment of part of the consideration-money the summe of 400 l. of good and lawfull Money of England and in or upon the first day of June next ensuing after the day of the date of these presents the summe of 1700 l. of like lawfull money of England and in or upon the first day of November next ensuing the day of the date of these presents the summe of 177 l. of like good and lawfull money of England residue being the last payment of the said whole summe of 4470 l. agreed upon as aforesaid and all every the said severall mentioned payments and every of them to be had and made as aforesaid in manner and forme aforesaid at or in the common receipt of the Royall Exchange London between the houres of ten of the Clocke in the morning Covenant to levy a Fine suffer a Recovery or make a Feoffement c. before such a day and foure of the Clock in the afternoone of every of the said severall dayes of payment thereof before mentioned for themselves and every of them their and every of their Heires Executors and Administrators and every of them do Covenant and grant to and with the said A.H. his Heires Executors Administrators and Assignes and every of them by these presents That they the said Sir Jo. C. the elder and Sir Jo. C. the younger and the said Dame A.C. Wife of the said Sir Jo. C. the younger and Heires of the said Sir Jo. Cuts the elder and Sir Jo. Cuts the younger and every of them shall and will on this side and before the Feast day of Saint Andrew the Apostle next ensuing after the day of these presents at and upon the reasonable request or requests costs and charges in the Law of the said A.H. his Heires Executors Administrators of Assignes or any of them by Fine of Fines with Proclamations in due form of Law to belevied Feoffement or Feoffements Recovery or Recoveries with Voucher or Vouchers over or by any such good and sufficient meanes conveyance or assurance in the Law whatsoever as by the said A.H. his Heires Executors Administrators or Assignes or any of them or their or any of their Councell learned in the Law shall be in that behalfe lawfully and reasonably devised or advised convey and assure or cause to be conveyed and assured unto Humphrey D. of G. in the County of M. Esquire and T.E. of B. in the County of E. Gent. and their Heires and Assignes for ever All that and those the Manour Lordship and Borough of Thaâ—tâ—ed all that those the Manours of Hoham S. Fee and Coldamâ— Fie and the Parke called Lorham Parke scituate lying and being in the County of Essex with their and every of their appurtenances and all and singular the Messuages Houses Edifices Buildings Parkes Gardens Orchards Lands Tenements Meadowes Pastures Woods Under-woods Commons Waies Waters Fishings Knights Fees Advowsons of Churches Chauntries Chappels Warrens Courts Courts leet view of Francke-pledge Liberties Waifes Strayes Heriots Rents-charge Rents-secke Reversions Services Wastes Custome Liberties Franchises Profits Commodities Royalties Hereditaments and Emoluments whatsoever with the appurtenances to the said Manour Lordship and Borough of T. and unto the said Manours of H. S. Fee and C. Fee and to the said Parke called H. Parke and to every or any of them or to any part or parcel thereof or of every or any of them now
Annuity or yearly Rent according to the purport of these presents and in manner and form aforesaid And further the said G.G. and G. do and either of them doth for them and either of them and for the Heirs c. of them and either of them Covenant that the lands out of which c. in default of payment shall be overt lyable and sufficient to theâ—â—â— distresse c. Covenant and grant to and with the said H. P. his Executors c. That the said Manors c. and all other the premises and every part and parcel thereof out of which the said Annuity or yearly Rent is mentioned to be issuing shall and will from time to time and at all times from and after any default in payment to be made of the said Annuity or yearly Rent or of any part thereof at any of the time or times before limited for the payment thereof be overt lyable and sufficient to the distresse and distresses of the said H. P. his Heirs c. And further Covenant that the lands out of which c. are during the continuance of the said Rent shal be of such value c. above all charges reprises Covenant that the GraÌ„tee shall peaceably enjoy the rent that the said Manor c. and other the premises out of which the said Annuity or yearly Rent before-mentioned to be granted and issuing now be and shall from time to time and all times hereafter during the continuance of the said Annuity or yearly Rent and during such time as the said Annuity or yearly Rent before granted is mentioned to be payable unto the said H. P. his Heirs or Assigns continue remain be of the cleer yearly value of c. over and above all other charges and reprizes whatsoever And that the said H. P. his Heirs c. shall or lawfully may from time to time and at all times during the continuance of the said term peaceably and quietly have perceive take and enjoy the said Annuity or yearly Rent according to the purport of these presents Covenant that the Lands are and shall be during the continuance of the rent discharged or else saved harmlesse c. And that the said Manors c. and all other the premises out of which the said Annuity or yearly rent before granted is mentioned to be issuing at the time of th' ensealing and delivery of these presents be and so from time to time and at all â—imes hereafter during such time as the said premises shall be chargeable with the said Annuity or yearly Rent shall continue remain and be acquitted and discharged from all former Bargains gifts grants c. grants by Copy of Court Roll and one Lease made excepted or else from time to time and at all times hereafter sufficiently saved harmlesse and indemnified of and from all manner of former bargains sales gifts grants c. and incumbrances whatsoever All grants and demises heretofore made or granted by Copy of Court Roll to any person or persons according to the customs of the said Manors of any customary or Copy-hold lands heretofore usually letten by Copy of Court Roll And one Lease heretofore made by Indenture to one I. L. for the term of c. of the new house in H. with the appurtenances c. being part of the premises only excepted and foreprised In witnesse whereof c. A Grant in Fee-farm with warranty against the Feoffor and his Heirs in which Grant a Letter of Attorney is inserted to give Livery TO all c. Know ye that I the said R. R. for divers Causes c. have demised infeoffed delivered and by this my present Writing indented confirmed unto I.R. c. all that c. with the appurtenances situate lying and being c. conteining in the whole by estimation c. whether it be more or lesse and bounding and butting in manner and form following that is to say c. To have and to hold the aforesaid c. with all and singular their appurtenances to the aforesaid I.R. his Heirs and Assigns for ever of the chief Lord of the Fee thereof In default of payment grant of power to distrain if no sufficient distress may be found upó the ground that then it shall be lawful for the Feoffor to reâ—enter by the Services therefore due and of right accustomed Yielding and paying therefore to me the aforesaid R.R. and my Assigns yearly c. at two terms of the year viz. c. by equal portions yearly to be paid And if and as often as it shall happen the aforesaid yearly rent c. or any parcel thereof to be behind and unpaid in part or in all after any Feast of the Feasts aforesaid in which the same as aforesaid ought to be paid that then and so often and afterwards it shall be lawfull for me the said R. R. and my Assigns into all and singular the said Lands and other the premises and into any and every part thereof to enter and distrain and the distresses so there taken and had from thence to lead away drive take and carry away and the same to retain and detain untill the said annual rent c. and the arrerages thereof if there be any be fully satisfied paid and contented And if it happen the aforesaid annual rent or any parel thereof to be behind unpaid in part or in all after any Feast of the Feasts aforesaid in which the same ought to be paid as aforesaid by the space c. and no sufficient distresse in or upon the aforesaid c. or any parcel thereof by all that time may be found That then and from thenceforth it shall and may be lawfull for me the said R. R. my Heirs and Assigns in and upon the aforesaid c. and other the premises with the appurtenances to re-enter and the same to have again repossesse and re-enjoy as in my former estate and the aforesaid I. R. his Heirs and Assigns from thence totally to expell and amove any thing before in this present Writing indented to the contrary hereof in any wise notwithstanding The usual clause of Warranty And I the aforesaid R. R. and my Heirs aforesaid c. with the appurtenances to the aforesaid I. R. his Heirs and Assigns against me and my Heirs will warrant and for ever defend by these presents And moreover Know ye Letter of Attorney to give livery That I the said R. R. have made ordained constituted and by these presents in my place put my beloved in Christ I. S. of H c. my true and lawfull Attorney for me in my stead and in my name to enter into the aforesaid c. with the appurtenances and seinsin for me in my stead and in my name to my use take and after such possession and seisin so for me in my name and stead to the aforesaid I. R. his Heirs and Assigns to deliver according to the
tenor force and effect of these presents only and whatsoever my said Attorney shall so do or cause or suffer to be done in the premises I do ratifie and confirm In witnesse c. A Condition of an Obligation with the usual Covenants for the better assurance of the Lands Mortgaged THe Condition c. That whereas the above bounden S.S. hath by his Deed indented bearing date c. for and in consideration of a certain sum of money in the said Deed specified given granted and confirmed unto the above named T. B. his Heirs and Assigns three parcels of Land and Meadow in the said Deed indented mentioned whereof the one is called c. containing in all by estimation c. or thereabouts with proviso or condition in the said Deed Indented contained That if the said S.S. his Heirs Executors or Assigns do pay unto the said T. B. his Executors or Assigns the sum of c. at a certain day and place in the said Deed indented specified That then the said Deed Indented seison thereupon delivered shall be void as in the said Deed indented at large appeareth If therefore the above said T. B. his Heirs or Assigns Covenant for peaceable enjoyment and in default of payment for further assurance c. shall or may from time to time and at all times here after peaceably and lawfully have hold and enjoy the said 3 parcels of Land all singular their appurtenances according to the purport intent of the said Deed indented And further if the above bounden S.S. his Heirs c. shall happen to make default in payment of the said sum of c. or of any part thereof at the day or place in the said Deed Indented limitted for the payment thereof Then if the abovesaid S.S. his Heirs c. every other person or persons any right interest or thing having or lawfully claiming to have in to or out of the said 3 parcels of Land or any part or parcel thereof shall or will from time to time and at all times hereafter during the space of c. next after default in payment to be made upon reasonable request and at the costs and charges in the law of the said T.B. his Heirs c. knowledge make do execute suffer or cause to be done knowledged executed suffered all every such further lawfull and reasonable act acts thing things devise devises in the Law whatever for the further assurance better suerty surer making and absolute conveying of the said 3 parcels of Land with th' appurtenances and of every part parcel thereof unto the said T. B. his Heirs and Assigns for ever as by the said T. B. his Heirs or Assigns or by his or their learned Connsel in the Law shall the reasonably devised or advised Be it by Fine Feoffment Recovery or otherwise with warranty against all persons or without warranty That then c. Or else c. A ConditioÌ„ of an Obligation to perform Covenants of an Indentute THe Condition c. that if the within bound I. R. his Heirs Executors Administrators and Assigns and every of them do from time to time and at all times hereafter well and truly observe perform fullfil and keep and singular the Convenants grants and agreements which on his and their part are to be observed performed and kept mentioned conteined specified or declared in one pair of Indentures bearing date c. made between the said I. R. of th' one part and the said I. G. of th' other part according to the purport effect intent and true meaning of the said Indenture That then c. A Condition to abide an Award for Lands in controversie THe Condition c. That where deivers controversies variances debates and sutes have been risen grown and are yet depending between the above named T. W. of th' one part and the above bounden I C. of th' other part touching c. lying in the Parish c. conteining by estimation c. whether more or lesse and touching the estate and title thereof for appeasing whereof the said parties have of their mutual consents assents and agreements submitted themselves to the order award and determination of L. W. and E. P. or c. and of T. T. of c. Arbitrators indifferently elected and chosen as well on the part and behalf of the said I. C. as on the part c. to arbitrate order determine rule and judge touching and concerning the premises So as the said award be made by the said Abitrators on this side the c. If therefore c. That then c. Or else A Condition to abide an award c. and to stand to the Order of an Umpier THe Condition c. That if the within bounden R. P. c. do for his and their part stand to obey perform fulfill and keep the award Arbitrement ordinance determination and Iudgement of c. Arbitrators indifferently named c. aswell on the part and behalf of the within bounden R. P. as on the part c. to Arbitrate c. of for upon touching and concerning all and all manner of Actions and causes of actions sutes quarrels variances discords debts debates accompts Covenants trespasses claims controversies deeds had moved stirred commenced or depending between the said parties for any matter cause or thing whatsoever from the beginning of the world unto the day of the date within written So that the said Arbitrement c. of the said Arbitrators of and upon the premises be made and given by them the said Arbitrators in writing Indented under their hands and seals ready to be delivered unto the said parties demanding the same on this side or before the c. And if it shall happen that the said Arbitrators cannot nor do not make any award or agreement between the said parties within the time and space before limited That then if the said R. P. his Heirs and Assigns do likewise stand to obey perform fulfill and keep the award arbitrement determination judgement of W. B. Vmpier between the said parties indifferently named elected and chosen to Arbitrate award deem judge rule and determine of for upon or concerning the premises so that the same award ordinance decree determination and judgement of the said Vmpire be made and given up in writing indented under his hand and seal on this side and before c. That then c. Or else c. ⧠A Condition to save a Surety harmlesse THe Condition c. That where the within named E. P. at the special instance and for the only debt of the within bounden I. C. stands joâ—ntly and severally bounden with the said I. C. and with the within bounden H. T. unto one R. C. c. in 20 l. of c. by obligation bearing date c. with Condition thereupon indorsed for true payment of the sum of c in and upon the c. as the said recited obligation and condition
his Executors and Administrators respectively doth Covenant and grant to and with the other of them his Executors and Administrators by these presents in manner and forme following viz. That if they the said H T. and H H. or either of them or the c. of them or either of them shall at any time hereafter be minded to demise let set or otherwise do or put away their whole estates of their severall parts of the said piece or parcel of ground to them above severally allotted or any part thereof That then he or they of them his or their c. being so minded to put away his or their parts of the said piece or parcel of ground so allotted to them or either of them as aforesaid shall or will give notice in writing of such his determination to the other of them his c. to the intent that the other of them his c. may have the refusall thereof before any other Giving or paying unto him or them that shall be so minded as aforesaid so much lawfull English money as any other will bona fide give or pay for the same In witnesse c. An Assignment of a Lease of Lands made by the c. which were seized for a Debt due to c. by Obligation Penn'd by William Noy Esquire THis INDENTVRE made c. between c. Witnesseth That whereas c. by Letters-Patents with the advice of his Councell W. Baron of c. and Sir W M. Knight Chancellour of the Court of Exchequer at Westminster and the Barons of the same Court. Hath amongst other things Demised Grant granted and to farm let unto the said A B. two Messuages or Tenements and divers Lands Meadows and pastures with the appurtenances set lying and being in c. within the Connty of c. upon the yearly rent of c. parcell of the Lands Tenements and Possessions of one E F of c. with the appurtenances lately seized into the hands of c. by F G. Esquire then Sheriff of the same County the fourteenth day of c. for the Debt of c. which the said E F. yet standeth indebted unto c. in the aforesaid sum as by his Obligation Dated c. may appear Except Exception and alwayes reserved out of the said Grant and Demise unto c. all great timber-trees woods underwoods mines and quarries of the premises Habend To have and to hold all those the said two Messuages or Tenements and other the premises with all and singular their appurtenances in c. aforesaid except before excepted to the said A B. his c. from the Day of the Date of c. for and during so long time as the same shall remain and be in the hands of Reddend c. Yeilding and paying yearly for the said two Messuages or Tenements and other the premises with their appurtenances unto c. the full and whole summe of c. at the Feasts of c. at the receipt of the Exchequer at Westminster or to the hands of the Sheriffes of the said County for the time being by even and equal portions As by the said Letters-patents bearing Date at Westminster c. may appear This Indenture now further witnesseth Consideration that the said A B. for and in consideration as well of c. as also for divers and sundry causes and considerations him thereunto especially moving Grant Hath bargained sold assigned and set over and by these present Indentures doth c unto the said C D. his Executors c. all and singular the said premises and all the estate term right title interest and demand which he the said A B hath may might should or of right ought to have of in or to the said two Messuages or Tenements and other the premises with their appurtenances of the â—â—â—â—ments and other the premises with their appurtenances of the said E F in and by the said Letters Patents demised and granted or mentioned to be demised and granted to the said A B as is aforesaid in as large and ample manner and form as the said A B now hath and enjoyeth or may have and enjoy the premises by force or in respect of the said Letters Patents to him granted Habend To have and to hold the said two Messuages or Tenements and other the premises with their appurtenances and all the said estate right title terme interest and demand of the said A B in and to the same unto the said C D his c. to his and their owne onely use and behoof from the day of the date of these presents as amply in all respects and for so long time as the said A B hath might should or ought to enjoy the same by vertue of the said Letters Patents or otherwise And the said A B c. covenanteth c. to and with the said C D his c. by these presents That all and singular the said two Messuages or Tenements and other the premises now be and at all times from henceforth shall continue remaine and be during all the continuance force and effect of the said Letters Patents to the said C D his c. and every of them clearly acquitted discharged and sufficiently saved harmless of and from all former bargains sales gifts grants leases forfeitures charges and incombrances at any time heretofore had made or done or hereafter to be had made or done by the said A B or by any other by from or under his term estate title interest means or procurement since the date of the said Letters Patents And also the said C D c. doth covenant A Covenant to save harmlesse from all rents hereafter to grow due all other duties and demands c. to and with the said A B c. the he the said C D his c. and every of them shal and wil at all time and times hereafter and from time to time as well discharge save and keep the said A B his c. against c. of and from all and all manner of rent and rents hereafter to grow due and payable As also of and from all and all manner of other debts duties and demands hereafter to grow thereby due and paiable for and on the part and behalf of the said A B his c. in and about the said demised premises or any part or parcel thereof in these presents mentioned bargained sold granted or demised unto the said C D or his Assignes Provided alwayes and neverthelesse the said C D for himself A Proviso that if the mony be paid at the day then this Assignment bargaine and sale to be void his c. doth covenant c. to and with the said A B his c. by these presents That if the said A B his c. or any of them do well and truly satisfie content and pay or cause to be satisfied contented and paid unto the said
C D his c. within Graies-Inne-hall c. the said summe of c. at and upon c. next ensuing the date hereof between the hours of c. next ensuing the date hereof between the hours of c in the afternoone of the same day That then upon the full and true payment of all the said summe of c. the said A B his c. shall have again to him and them re-delivered the said Indenture of Lease with all the whole estate right title and interest of and in the premises and in as full force without any incumbrance made by the said C D as the same now is the day of the date hereof And that then and from thenceforth this present grant assignment bargaine and sale shall be to all purposes in the law clearly void and of none effect any thing before mentioned in these presents to the contrary c. * A Covenant that A B at the request of C D shal shew forth and deliver to any person or persons in all every place and places for the further perfect defending of the said demise grant and sale And the said A B for himselfe c. doth further covenant c to and with the said C D his Executors c. by these presents That upon reasonable request at all times hereafter shall and will shew and deliver forth the said Letters Patents to all person and persons in all and every place and places as the said C D his c. or any of them shall reasonably desire or require the said A B his c. or any of them A Covenant that if C D shal sell or assigne the premises for more than the summe to the said A B before hand paid that all such summs so received shall he paid to the said A B. for the further perfect defending of the said demise grant and sale of the premises made by the said A B to the said C D and his Assignes And it is further covenanted condescended concluded and agreed by and between the said parties to these presents That if the said C D shall before c. sell assigne and convey away the premises herein demised for more then the said summe of c. to the said A B before hand paid that all and every such summe and summes of money so taken and received above the said summe of c. by the said C D shall be answered and paid to the said A B his c. any thing herein contained c. * A Covenant that if the demised premises or any part thereof within the space of c. next ensuing with all charges be paid unto C D to be evicted from the possession of the said C D. And if the money due unto c. shal be satisfied by reason whereof the possession of C D be avoyded then the said A B shal pay the said C D the said summe And it is also covenanted concluded and agreed by and betweene the said parties to these presents That if it shall happen the afore demised premises or any part or parcel thereof at any time hereafter within the space of c. next ensuing the date hereof and before the said c. with all charges be fully contented and paid unto the said C D his c. to be evicted from the possession of the said C D or his Assignes Or if it shall fortune that the said money due unto c. shall be within the said time satisfied and paid by reason whereof the possession of the said C D and his Assignes be avoided and defeated that then the said A B shal satisfie content and pay unto the said C D the said sum of c any covenant article clause or agreement to the contrary notwithstanding In witnesse c. An Indenture where c. by Letters Patents to I C of certain Lands for term of three lives and afterwards by another Letter Patent demised the same to J C in reversion now the said J C selleth his interest by this Indenture Penn'd by learned Counceâ— THis INDENTVRE made c. between c. Witnesseth That whereas c. by Letters Patents under the Great Seal of England bearing date at Westm ' c. for considerations in the said Letters Patents mentioned Demise Hath demised granted and to Farm letten unto the said A B amongst other things in the said Letters Patents mentioned All those Messuages Lands and Tenements with all their appurtenances situate Recital lying and being in c. parcel of the Manor of c. to the late dissolved Priory of c. sometime belonging to the Dutchy of Cornwal now annexed and which to the said I C and M his wife and to C C and their Assignes by Letters Patents bearing date c. for terme of their lives and for the yearly rent of c. is demised and granted Except notwithstanding alwayes out of the same grant and alwayes reserved all great trees Habend woods underwoods mines and quarries of the premises To have and to hold all the aforesaid Messuages or Tenements with the appurtenances except before excepted unto the said A B his c. after the death of the said I C M his wife and C C longer living or other determination of their Estates unto the end of the term and during the term of c. from thence next ensuing c. Yeilding and paying therefore yearly from thence Reddend to c. the said yearly rent of c. in such manner and forme as in and by the said Letters Patents thereof amongst other things made as aforesaid unto the said A B. whereunto relation Consideration c. Now this Indenture further witnesseth that the said A B for the consideration of c. hath bargained sold given granted aliened assigned and set over and by these presents doth fully and absolutely bargain c. unto the said I C and to his Assigns as wel all and singular the said Messuages Lands and Tenements with the appurtenances so by the Letters Patents formerly demised and granted unto the said I M and C except before excepted as also all and singular the right estate title interest reversion property claim term of years and demand whatsoever of the said A B of in and to the same To have and to hold all and singular the said Messuages Habend Lands and Tenements with the appurtenances aforesaid except before excepted and all and singular the right estate title interest reversion property claime terme of yeares and demand whatsoever of the said A B of in and to the same unto the said I C his c. from the day of the decease of the longer liver of them the said I M and C or from any other determination of their estates for during and unto the end and terme of c. in and by the said Letters Patents granted as aforesaid And the said A B. c. Covenanteth A Covenant