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
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
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
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
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
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
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
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
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
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
the use of c. for her Joynture and in full recompence and allowance of he Dower and immediately from and after the decease of the said D.A. to the use of him the said B.A. his Heires c. forever Provided alwaies and notwithstanding and it is the true intent and meaning of the said B.A. and of the parties to these presents that it shall and may be lawful to and for said B. A. at any time or times hereafter Aproviso that it shall be lawfull for him to make Leases for 21 years or 3 lives or under at his will and pleasure to demise grant and make any Lease or Leases for the terme of 21 yeares or under or for three lives or sewer of all singular the aforesaid Lands Tenements and Hereditaments and other the premisses with their appurtenances or of any part of parcel of the same which have most commonly been used to be demised or to farm-letten by the space of 20 years last past before the date hereof and whereof at the time of the making of any such Lease and Demise there shall not be any former lease in being and to have continuance above the term of three years or one life at the most so that the said D. A. be made party to every such Leases and Demises And so that the old accustomed rent and rents or more be or shall be reserved upon all and every the said Leases Grants and Demises so to be made of the premises or of any part thereof as is aforesaid to conitnue and be yearely payable during every of the same Leases and termes unto the said B. A. and D. and the Heires and Assignes of the said c. And so alwaies as the said Leases or Demises or any of them be not in any wise dis-punishable of wast And that then and so after the said L. H. and G. H. and their Heires and the survivor of them and his Heires shall stand and be seized of and in all and singular the said Lands Tenements and Hereditaments and other the premisses with their appurtenances and of and in any part or parcel thereof so to be demised and leased to the uses and use of all and every such person and persons to whom the premisses or any part or parcel thereof shall be demised and leased their Executors c. for and during such term and terms therein as shall be limited upon any such Lease or Leases so to be made as aforesaid So that he or they to whom any such Lease or Lease shall be made as aforesaid their Executors c. do well and truly pay or cause to be paid such the same yearly rents and payments as shall be reserved and appointed to be paid upon the making of every or any such Lease or Leases as aforesaid to the said B.A. and D. during the life of the said D. and after her decease to all and every such person and persons to whom from time to time and for the time being the immediated use estate reversion remainder or interest of and in the same or of and in any part or parcel thereof so to be demised or leased as aforesaid shall by and according to the true intent and meaning of these presents next belong revert remain and come or be after the expirations of such several Demises or Leases And shall doe and well and truly observe perform fulfil and keep all and singular the Covenants grants articles conditions and agreements contained and specified in the same Lease Leases and Demises on the tenants part to be observed performed fulfilled and kept according to the true intent and meaning of every such Lease Grant or Demise And so also and upon condition that he or they to whom any such Leases or Leases shall be made his or their Excecutors c. do not at any time or times during his or their several estate or estates of and in the premises or of and in any part or parcel thereof so to be demised or leased commit or make or wilingly or wittingly procure or assent or suffer to be committed or done any manner of wast spoil or destruction in and upon the premises or in and upon any part or parcel thereof which shall amount to the value of 10 s. without the special licence and assent of the said B.A. and D.A. or of such person or persons to whom the immediate use reversion remainder or use thereof shall for the time being be and appertain And also so that he or they to whom any such Lease or Lease shall be made of the premisses or of any part or parcel of the same as aforesaid shall and doe at all times during his or their estate or estates of and in the same well and truely content and pay or cause to be contented and paid to all and every such person or persons to whom from time to time and for the time being the immediate use estate reversion remainder in interest of and in the same shall by and according to the true meaning of these presents next belong revert remain come or be after the expiration or determination of such said several demises all manner of rents services duties and customes which either upon such several Demises or Leases so to be made as aforesaid shall be reserved or otherwise due by reason of the Lands so to be demised or leased or leased according to the true meaning purport and intent of the said several Demises or Leases thereof to be made in manner and form aforesaid A Covenant that if he doe not convey the Lands within a year then the parties seized shall be seized to her use And further the said A. B. for the considerations before in these presents expressed doth for him and his Heires Covenant c. That if he the said B.A. shall not or doe not within the said space of c. next ensuing the date of these presents well and sufficiently convey and assure all and singular the premisses with the appurtenances unto the said L.H. and G.H. and their Heires as aforesaid or shall or doe leave any part or parcel of the premisses not sufficiently conveyed and assured unto the persons aforesaid in manner and form aforesaid That then immediately from and after the end of the said one year next ensuing the date hereof as aforesaid the said B. and his Heires and all and every other person and persons that shall then stand and be seized of and in the premises or of any part or parcel thereof shall stand and be seized of and in all such and so much of the premises with the appurtenances as shall be so lest and not sufficiently conveyed as aforesaid to such and the same uses intents and purposes and with and under such conditions provisoes contingents limitations and liberties as before in these presents are mimited declared and expressed and to none other use intent or purpose In witnesse c. An Indenture of Marriage already agreed upon
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
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
onely use and behoof of him the said G W his c. for ever with free liberty at their will and pleasure to take and carry away the same trees timber-trees woods and underwoods And one fourth or quarter part of all and singular the said trees timber-trees woods and under-woods unto the said T G his c. without impeachment of any manner of waste to the only use and behoof of him the said T G his c. for ever with the liberty at their will and pleasure to take and carry away the same trees timber-trees woods and underwoods And one other c. ut supra Reddendum Yeilding and paying therefore yearly during the said terme of c. unto c. the summe of 13 l. 6 s. 8 d. of currant mony of Ireland to be paid unto the hands of the Vice-Treasurer or General Receiver of the Kingdome of Ireland for the time being for and in discharge of the free Rent reserved or with which the premises are already chargeable to the use of c. at the receipt of the Exchequer there at the Feast of c. or within two Months next after either of the said Feasts by even portions And also yeilding and paying therefore yearly Reddendum during the said terme of c. unto the said Sir H H and to his Heirs or to such other person and persons to whom the immediate Reversion and Remainder of the premises shall discend or come either in use or possession the summe of 40 l. of c. at the Feasts of c. as by the said recited Indentures of Lease wherein also divers other Covenants Grants and Agreements are contained relation being thereunto had more plainly and at large it doth and may appeare Now this Indenture witnesseth That the said T G Consideration as well for and in consideration of the summe of c. to him in hand before the ensealing and delivery hereof by the said T G well and truly paid the receipt whereof the said T G doth acknowledg and confesse by these presents As also for and in consideration that the said T G at the request and for the onely debt of the said T G standeth obliged and bound together with the said T G and others in and by didivers several obligations bearing several Dates in sundry sums of money therein contained to several parties therein particularly named and which are expressed in a Schedule indented hereunto annexed and that the said T G hath promised and undertaken the payment of the same at the dayes of payment on which the same by the tenure of the several obligations in the said Schedule mentioned are and ought to be paid and also in consideration that the said T G hath promised and undertaken the payment of the sum of c. which came to the hands of the said T G as Executor of the last Will and Testament of M W late of c. deceased and is a part of the filial portion of A W B W and C W daughters of the said M to them given and bequeathed by the said last Will and Testament of the said M their mother and to be paid by the said Executor T G unto them the said A B and C on the daies of their Marriage and for divers others good causes and considerations him the said T G thereunto moving Grant Hath granted bargained sold aliened assigned and set over and by these presents doth c. unto the said T G as well the aforesaid one fourth or quarter part into four parts to be divided to the said T G demised or granted or mentioned to be demised or granted by the Indenture of Lease above recited of and in the aforesaid Lordship Country Territory and Circuit of Land called c. and also of the said Manors Lordships Townes Castles Messuages Lands Tenements Woods Wood-ground and Hereditaments and of all other the premises in or by the said recited Indenture of Lease demised or mentioned to be demised or granted and of every part and parcel thereof And the one fourth or quarter part of all and singular the said trees timber-trees woods and underwoods in and by the said recited Indenture granted and one quarter or fourth part of all and singular such trees timber trees woods and under-woods and other profits whatsoever as have been felled made levied or received of the premises or any part thereof since the Feast day of c. last past before the Deed Indented above recited As also all the Estate right title interest use possession rents reversion and reversions term of years to come claim and demand whatsoever which he the said T G hath or in any wise may might should or ought to have of in and to the said one fourth or quarter part into four parts to be divided as aforesaid of all and singular the premises by the said recited Indenture of Lease demised and granted and therein mentioned to be thereby demised or granted and of all the said trees timber-trees woods and underwoods and other the aforesaid profits and of in and to every part and parcell thereof by force and vertue of the said Indenture of Lease above recited or any thing therein contained or otherwise howsoever together with all the right interest and property of him the said T G of in and to the said recited Indenture of Lease and of in and to all other Deeds Escripts and Writings concerning the premises or any part or parcell of them or any of them To have and to hold all the said one fourth or quarter part of all the said Lordship Habend Countrey Territory and Circuit of Land called c. and of all the said Manours Lordships Townes Castles Messuages Lands Tenements Woods Wood-ground and Hereditaments and of all other the premisses by the aforesaid Indenture of Lease Demised and granted or mentioned to be thereby Demised or granted and all the said terme and estate of him the said T G of in and to the same and all other the premises by these presents bargained and sold assigned and set over or herein mentioned or meant to be hereby bargained sold or assigned and every part and parcell thereof unto the said T G his Executors c. from the ensealing and delivery of these presents forthwards for and during all the residue of yeares and terme which by course of time are now to come and unexpired of the said term of c. in and by the said recited Indenture of Lease granted or mentioned Free from all incombrances And the said T G for himself his Exec. c. doth Covenant and grant to and with the said T G his Executors c. by these presents in manner and forme following That is to say that all the aforesaid one fourth or quarter part of all and singular the the said Lordship Countrey Territory and Circuit of Land called c. and of all the said Manours Lands Tenements Woods Wood-grounds Trees
the said tythe corn before given granted except before excepted That then and from thenceforth all and every the payments of the said sum of c. shall cease and not be paid this Indenture and every covenant and article herein mentioned except the covenant hereunder mentioned shall be utterly void and of none effect any thing c. And the said Parson for him c. doth covenant to and with the said I W his c. by these presents That if the said Parson shal dy and depart this world before all the said Tythe corn except before excepted shal or may conveniently be gathered or inned that then the Executors or Administrators of the said Parson shal and wil wel and truly pay or cause to be paid to the said I W his c. all the charges for the inning and gathering so much thereof as then shall be inned or gathered upon a true accompt thereof to be delivered to the said Executors or Administrators of the said Parson without fraud or covin In witnesse c. A bargain and sale of some Lands as also a Lease of other as also a Letter of Atturney irrevocable for receiving the profits of other Lands for satisfaction of debts Recital of the Bond or Obligation wherein A B is bound for C C. THis INDENTVRE made c. Betweene c. Witnesseth That whereas the said A B at the special instance and request and for the only Debt of the said C D standeth obliged with the said C D and one R D of c. in the summe of c. to one T A of c. for the payment of c. to the said T A on c. next ensuing as by the obligation thereof made bearing date c. may appear And whereas also the said A B at the like special instance and request and for the onely debt of the said C D standeth obliged with the said C and the said R D in the summe of c. to one E R c. for the payment of c. on c. next ensuing as by the obligation thereof made c. â—â—â—t supra Certain sums of money due to A B from C D. And whereas also the said C D is likewise truly indebted and doth owe unto him the said A B divers several summes of money â—ent by the said A B to the said C at several times amounting in the whole to the summe of c. And also for that the said A B instantly before the ensealing and delivery of these presents hath paid satisfied and delivered the summe of The consideration to save A. B. harmeless c. in ready money to the said C D. Now this Indenture further witnesseth that as well for and in consideration of the discharge of the said several sums of mony due and owing by the said C to the said A B as also for and towards the satisfaction and discharge of the said several bonds whereby they the said C A and R stand severally obliged at the request and for the only debt of the said C and by and through which they the said A and R were and are like to be damnified The Grant The said C D hath given granted bargained sold aliened and assigned and by these presents doth c. unto the said A B his c. all that Messuage or Tenement with the appurtenances called c. situate c. now or late in the tenure or occupation of c. And likewise for the consideration aforesaid he the said C. D. hath granted And also for the consideration aforesaid hath further granted demised and to farm letten and by these presents doth c. unto the said A. B. his c. all that Messuage or Tenement Garden and Orchard with the appurtenances scituate lying and being in c. late in the tenure bolding or occupation of c. Habend To have and to hold the said Messuage or Tenement and all singular the premises with the appurtenances to him the said A. B. his c. for and during all the time and term of c. fully to be compleat and ended if I. Wife of the said C. do so long live A Letter of Atturney to A. B. from C. D. for to receive and enjoy the premises to his own proper use and to let and set the premises according to the custom of the said Manour And the said C.D. for the consideration aforesaid doth hereby authorize constitute and appoint the said A. B. his true and lawful Attourney irrevokable to take receive perceive and enjoy to his own proper use and behoofe all and singular the rents profits commodities and emoluments whatsoever yearly and from time to time comming or arising of all or any the Messuages Lands Tenements and Heredâ—â—â—â—nts copâ—-hold and free hold scituate c. now or late in the several tenures of c. or either of them with free liberty and authority for him the said A. B. to convert dispose and imploy the premises or any part thereof to his own use or by leasing or demising the same yearly or otherwise for any number of years whatsoever to others according to the custom of the Manour wherein the same lyeth will permit and suffer Covenant that C.D. shall suffer the said A. B. to enjoy premises without any let or hindrance or adnulling any authority given And the said C. D. c. doth Covenant c. to and with the said A. B. c. That he the said C.D. shall and will from time to time permit and suffer the said A.B. to enjoy the same premises and every part therof without revocation or adnullation of any authority given by these presents * And C. D. Covenanteth to do all things fitting for the perfecting a good estate And shall at all times and from time to time make do and execute all and every other matter and thing for the assuring and perfecting a good estate in the premises or any part thereof to him the said A. B. for the whole term of c. or any other term of years if I. the Wife of the said C. so long live And the said C D. for the consideration aforesaid hath granted c. unto the said A.B. and his Assigns all and singular the goods plate bousholdstuffe and other things whatsoever of him the said C. D. and I. his Wife or either of them in the said Messuage or Tenement called c. or elsewhere abiding resting or remaining contained mentioned and expressed in a Schedule or Inventory to these presents annexed To have hold and enjoy the same and every part thereof to him the said A B. his c. to his and their sole proper use and behoof And the said C. D. c. Covenanteth c. to and with the said A. B. c. that it shall and may be lawful for him the said A. B. at all times convenient into the said Messuage or Tenement called c. to enter
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
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
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
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
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
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
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
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
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
Regis Noverint c. nos c. tenevi c. I. S. Armiger Vice-com Com. K. praedict in c. solvend eidem c. THe Condition c. that if the above-bounden I. D. shall and do appear before c. at Westminster Dis Sabbathâ— prox post Octab. Sancti Martini to answer to E.D. Widow in a plea of Trespasse upon the case That then c. A Grant of an Executorship and of all such goods and other things as the Executor hath or ought to have of the Testator by the Executorship or otherwise In which Grant are divers Covenants THis INDENTURE made c. Between M. C. c. Executrix of the last Will and Testament of E. C. late of c. aforesaid Widow deceased of th' one part and I. S. c. aforesaid of the other part Witnesseth that the said M. C. for and in consideration of c. hath given granted bargained and sold and by these presents doth give c. unto the said I. S. his Executors Administrators and Assigns all and singular the goods leases chattels both real and personal that were unto the said E. at the time of her decease belonging which the said M. hath or of right ought to have as Executrix of the last Will of E. or otherwise and of all manner of debts duties advantages commodities and demands which the said M. her Executors Administrators or Assigns hath might or ought to have take challenge or demand as Executrix of the last Will of the said E. or otherwise by vertue of the said last Will and Testament And further the said M. doth for the consideration aforesaid make constitute and in the place and room of her A large Letter of Attorney made to the Grantee his Executors Administrators to receive all monies debts duties to commence all actions in all Courts for the same at the sute of the Executor in his name and all such monies c. to have to his own use her Executors and Administrators appoint the said I. S. during his life and his Executors Administrators and Assigns after his decease to be the true and lawfull Attorney Attorneys of her the said M. and of the Executors and Administrators of her the said M. giving and granting unto the said I. S. during his life and unto his Executors Administrators and Assigns after his decease full power and lawfull liberty licence and authority in the name of her the said M. her Executors and Administrators to take have ask receive and levy all and singular such debts duties and demands which were due and owing unto the said E. as Executrix of the said last Will or otherwise which she the said M. by force of the said Will may ask have take demand receive recover or levy And further that he the said I. S. his Executors Administrators or Assigns or any of them shall or may from time to time and at all times hereafter in the name of her the said M. her Executors or Administrators commence any action or actions sute or sutes plaint or plaints against any person or persons in any Court or Courts whatsoever or any to Arrest for any debt duty matter cause or thing whatsoever due owing or accrued unto or demandable by the said E. at the time of her decease and Attorney and Attorneys in the name of the said M. to make constitute revoke alter remove and change And the same actions sutes plaints and Arrests or any of them shall or may in the name of the said M. her Executors Administrators or Assignes at the costs charges in the Law of the said I. S. his Executors Administrators and Assigns prosecute and follow until judgement and execution shall be thereupon had and made And all and singular such sum and sums of money goods chastels debts and other things as shall be so in the name of the said M. received recovered had or levied by the said I. S. his Executors Administrators or Assigns shall and may have hold keep and retain in the hands of him the said I. S. his Executors and Administrators to his and their proper use and behoof without any accompt or other thing therefore unto the said Executors or Administrators of the said E. yeelding rendring or paying giving and granting unto her said Attorney his Executors and Administrators full power and authority to do and execute all and every act and acts thing and things touching and concerning the said premises in as large and ample manner in all respects Convenant that the Grantor hath not made any gift grant bargain and sale or release of any of the Goods or Chattels c. nor any Release Acquittance c. of any the debts duties c. but that he may take and receive them without disturbance revocation c. as she the said M. can or might make â—o or execute And further that the said M. doth by these presents for her her Heirs Executors and Administrators Covenant and grant to and with the said I. S. his Executors Administrators and Assigns in manner and form following that is to say That she the said M. hath not before th' ensealing and delivery of these presents made any gift grant bargain sale or release of any of the Goods or Chattels before by these presents mentioned to be bargained and sold nor any Release Acquittance or other discharge of any of the debts duties or other things before by these presents mentioned to be granted but that the said I. S. his Executors Adminstrators and Assigns shall and may have and enjoy all and singular the Goods and Chattels before by these presents given granted or sold and receive have take recover levy and enjoy all and singular the debts duties liberties and authorities and other things before by these presents mentioned to be granted bargained sold or assigned unto him without any let or disturbance or any revocation or adnihilation of the said M. her Executors Administrators Assigns or of any person or persons by the procurement or assent of the said M. her Executors Nor that she wil not release any such debt or duty action or actions c. but that she will justify all acts done by the Grantee c. and suffer him c. to receive all sums c. and take all goods and chattels to his own use c. And further that she the said M. hath not heretofore discharged or released any Debt Duty or other thing which she is Executor of the last Will or otherwise by vertue of the said last will may can might should or ought to have take demand or recover nor that she the said M. her Executors Administrators or Assigns nor any other by her or their consent or procurement shall or will at any time or times hereafter discharge or release any such Debt or Duty or any action or actions sute or plaint that shall or may be taken or commenced for any such Debt or Duties but that she
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
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
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.
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
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
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
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
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
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
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
aforesaid R.H. for himself his Heirs Executors Administrators and Assigns doth likewise Covenant and grant by these presents to and with the said R.D. his Heirs and Assigns that he the said R.D. his Heirs and Assigns shall and may for ever hereafter have hold and quietly enjoy the aforesaid parcel of Land called G. with the appurtenances and every part thereof without any former charges and incumbrances formerly had made or suffered by the said R.H. or by any other person or persons any estate title or interest having or claiming therein by from or under him the said R.H. In witnesse whereof c. A Lease to try a Title with direction to execute the same THIS INDENTURE c. Between W. B. of c. of the one part and I. B. of c. of the other part Witnesseth that the said W. B. for divers c. hath demised granted c. unto the said I. R. his Executors and Assigns two Messuages together with all and singular edifices buildings barns stables orchards gardens and other the appurtenances and also all and singular lands tenements meadows pastures and other hereditaments whatsoever together with the said Messuages or either of them at any time heretofore or at this present had occupied used or enjoyed to them or either of them belonging or in any wise appertaining containing in the whole by estimation c. whether more or lesse situate lying c. And all singular the part and purpartie of him the said W. of and in the said premises with the apputtenancies And also all and singular Messuages lands tenements and hereditaments of him the said W situate c. To have c. with all and every their appurtenances unto the said I. B. his Executors Administrators and Assigns from the Feast c. last past before the date of these presents unto the full end and term of c. from thence next ensuing and fully to be compleated and ended yeelding and paying therefore yearly during the said term unto the said W. his Heirs and Assigns one pepper corn if the same be lawfully demanded In Witnesse whereof c. The Lessor must enter upon the land and seal and deliver the Indenture as his Deed and then endorse Sealed and delivered c. And if it be sealed at another day than it beareth date then endorse the sealing and delivery accordingly with the day and year that it was made Indorse on the back side of the Lease Mem. that the within named W. B. did the day and year within written enter into one Orchard appertaining unto the house in the occupation of W. B. in the name of all the lands and tenements contained in this Indenture And immediatly after such his entry did then and there seal and deliver the said Indenture as his Deed unto the within named I.B. In the presence of us And if there be several occupiers indorse several entries as aforesaid accordingly or in this sort Jtem at the same time he did the like in one parcel of Land in the occupation of B. B. c. An Arbitrement TO all Persons to whom this present Indented writing of Award shall come M.H. Esq and E.H. Gent. send greeting Whereas W.B. and T.B. Executors of the last will and Testament of R.B. deceased P.P. and R.W. of c. have by their mutual consent and agreement submitted themselves to stand unto and perform the award arbitrement and judgement of us the said M.H. and E. H. being Arbitrators indifferently named and chosen as well on the part and behalf of the said W.B.T.B. and P.P. as on the part and behalf of the said R.W. to arbitrate award and judge of and upon all and all manner of Actions sutes reckonings accompts and demands whatsoever which at any time before the c. last past before the date of these presents have been as well on the part of the said R.W. against the said W.B.T.B. and P.P. or any of them as of the part of the said W.T. and P. or any of them against the said R.W. had stirred moved or depending for any cause or matter whatsoever from the beginning of the world unto the said c. last past before the date hereof So that the said Arbitrement award and judgement of us the said M.H. and E.H. of and upon the said premiles were made and given up in writing before the c and for the parformance of the said Award arbitrement and judgement of us the said Arbitrators they the said W.B.T.B. P.P. by their joynt and several Obligations and I.W. Father of the said R.W. for and on the behalf of the said R. by his Obligation of c. bearing date c. last past before the date hereof have bound themselves each to other for the performance of the said Award arbitrement and judgement of us the said Arbitrators Now know ye That we the said M.H. and E.H. for the appeasing of all actions sutes reckonings accompts debts trespasses executions and demands whatsoever between the said W.B. and T.B. Executors to their Father and the said R.W. or otherwise as between the said P.P. and R.W. and for a final ending between the said parties of all causes to us submitted do make our award order abitrement judgement and determination in manner and form following And first we the said Arbitrators do award order and determine that the said R.W. shall for his part at or before c. expressing the cause c. in witness whereof we the said M.H.E.H. to this our present award our hands and seals have put Dated c. A Recognizance MEmoran That T.R. of G. in the County of K. Esq such a day and year came before our Lord the King in his Chancery at Westmin in the County of Midd ' personally constituted and then and there acknowledge that he owes to E.G. of B. in the said County of K. Gent. and S.H. of C. in the aforesaid County of K. aforesaid Gent. c. of c. to be paid to the said E.G. and S. H. or to their certain Attorney Exec. on Assigns on the Feast c. next comming after the date of these presents And if he fail in the payment of the aforesaid sum of money at the Feast aforesaid That then the said T. R. for himself his Heirs Exec. and Assigns will and granteth that the said sum of money shall be levied of his lands and tenements goods and chattels to the use of the said E.G. and S. H. their Exec. and Assigns Witnesse our said Lord the King at Westminster aforesaid the day and year aforesaid An Indenture of partition of Lands in Joyntenancy as also in Copercinery in Gavelkind THIS INDENTVRE c. Between G.M. of c. of the one part and H.M. of c. of the other part Witnesseth That whereas one T.M. late of R. aforesaid deceased brother of them the said G. and H. by his last will and testament in writing bearing date c. did amongst other things concerning
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
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
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
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.
said T.G. shall not alien nor sell the Lands given her in Joynture by the former Husband and then as followeth A Covenant that it shall be lawful for D.S. to make a Will And the said T.G. for him his Heires c. doth Covenant c. That if it fortune the said Dame S. after the said Marriage had and solemnized to die and decease in the life-time of the said T.G. then it shall and may be lawful to and for the said Dame S. at her free will and pleasure to make publish and declare one Will and Testament in writing under her hand and seale and thereby dispose given and bequeath to any her children servants or freinds for their preferments and advancements the whole sum or value of 500l of the goods and chattels of the said Dame S. Or if the same goods and chattels in the meane time shall fortune to be bargined sold or otherwise put away by the said T.G. or his Assignes then of the goods and chattels of the said T.G. as shall amount to the full value of 500l as aforesaid without any let contradiction or disturbance of the said T.G. his c. and that in as large and ample manner as if the said Dame S. were then a feme sole and unmarried And that he the said T S. his c. after the decease of the said Dame S. as aforesaid so dying testate upon lawful request to him or them to be made by such person or persons to whom the said D.S. shall make any such legacies and bequests shall and will well and truly content and pay or cause to be contented and paid to the same person and persons all and every the goods and chattels or the full value thereof to him or them so given and bequeathed at such dayes and times as the said Dame S. by her last Will and Testament in writing sealed and subscribed as aforesaid shall limit and appoint And further the said T.G. Covenanteth c. that if it fortune the said T.G. after the said Marriage had and solemnized as aforesaid to die the said Dame S. then living and the son and heire apparent of the said T.G. then being within the age of 21. yeares that then the said D.S. shall have the chief Mannor house of D. wherein thè said T.G. now inhabiteth and dwelleth together with the warren of Conies Dairy house and Dairy close and all Gardens Orchards Dove-houses Buildings Barns Stables Ponds Pools and all other commodities profits and easements to the same adjoyning and belonging To have and to hold the said mansion and other ther premises with the appurtenances last before mentioned unto the said Dame S. and her Assignes during the nonage and minority of the said son and Heire apparent of the aforesaid T.G. if she the said Dame S. so long do live And also if it happen the said T.G. to die before the said D.S. his Heire apparent being of the age of 21 years or more That then the said D.S. shall peaceably and quietly have hold and enjoy the said chief Mansion house of D. together c. with the appurtenances thereunto belonging and adjoyning as aforesaid for and during the space of c. next after the decease of the said T.G. the same yeare to be accompted from and after the feast of c. which of them soever shall first happen to come next after the death of the said T.G. And the said Dame S. for and in consideration of the premises doth for her selfe her c. by these presents frankly and freely give grant and betake to the said T.G. all the Houshold-stuffe Bedding Hangings Plate Chattels and Godds moveable whatsoever within the Realm of E. which the said Dame S. hath and is possessed of either in her own right or as Executrix to any her said late Husbands except and alwaies reserved to the said Dame S. and to her own only use and behoof all her Jewels Chaines of gold and apparel belonging to her person which she doth or hath used or intendeth to wear To have hold and enjoy all and singular the said goods and chattels and other the premises with the appurtenances except before excepted to the said T.G. his c. to his and their onely use and behoof for ever In witnesse c. A perfect assurance of a Joynture after Marriage had by way of Covenant THis INDENTVRE made c. between B.A. of the one part Consideration and L.H. and G.H. of the other part Witnesseth that the said B.A. for and in consideration of the great and faithful good will love favour and affection that he the said B. beareth to and towards D.A. his now Wife and for and in consideration of the true performance and accomplishment of all such premises and agreements had and made by the said B.A. upon the marriage between him the said B.A. and the said D.A. and for the assuring conveying and making of a good and perfect Joynture of the Lands Tenements and Hereditaments of the said B A. unto the said D.A. for and during the term of her life and to the intent the Lands Tenements and Hereditaments of the said B A. hereafter mentioned may be sufficiently conveyed and astured to and for the Joynture of the said D and to and in the said B A and his Heires for ever He the said B A doth Covenant promise That B.A. shall assure Lands to L.H. and G.H. grant and agree to and with the said L.H. and G.H. and their Heires That he the said B A sahll and will within the space of c next ensuing the date of these presents by good and sufficient conveyance and assurance in the Law sufficiently convey and assure unto the said L.H. and G H and their Heirs or to the survivor of them and his Heires or to the Heir or Heires of the survivor of them and the Heires and Assignes of such Heir and Heires for ever All that his marsh ground or lands with the appurtenances called c. lying and being in c. or in any of them within the County of E. and also all other his Lands Tenements and Hereditaments with the appurtenances in c. aforesaid And that the said conveyance and assurance so to be had and made within the space of c. next ensuing the date of these presents shall remaine and be And the said L H. and G. H and their Heires and the suvivor of them and his Heires immediately from and after scuh conveyance and assurance so had and made shall stand and be seized of and in all and singular the said Lands Tenements Hereditaments and other the premisses with their appurtenances to the uses intents and purposes hereafter in these presents set down expressed and declared and to none other use intent or purpose That is to say To the use and behoof of the said B.A. and D.A. for and during the life of the said A. and for the Joynture of the said Dame To
estates for touching and concerning the rest and residue of the said Messuages Lands Tenements and Hereditaments cum pertinentiis whereof no use is before by these presents limited appointed or declared shall be and the person or persons c. and his or their Heires or Assignes shall stand and be thereof seized to the use and behoof of the said T.P. for and during the term of his natural life without impeachment of wast and after his decease to the use and behoof of the said T.P. for and during the terme of his natural life without impeachment of wast and after his decease to the use and behoof of the first son and the Heir of his body lawfully issuing and for default of such issue c. If it happen any of the lands aforesaid to belawfully evicted out of her possession then she is to be assured of other lands to their full value Provided alwayes and it is further Covenanted c. that if at any time after the death of the said E P T P the premisses so as aforesaid limited or appointed to or for the Joynture of the said M. or any part or parcel thereof happen by any way or means to be lawfully evicted or divested by recovery or entry or by any other lawful means out of or from the possession or seizin of the said E now Wife of the said E P her Leasee or Assignee by reason other Dower or of any Joynture or estate of the said ε at any time heretofore made or hereafter to be made That then and at all time after the said estates c. and all other assurance whatsoever at any time or times hereafter to be had made or passed in performance of any Covenants grants or articles comprized in these present Indentures shall be and shall endure and shall be construed deemed and adjudged to be and endure And the parties and persons to whom the Covenants and assurances or other assurance of the premises or any part thereof shall be made and their Heires and Assignes shall stand and be seized thereof and in so much of the premises to be chosen out and laid forth by the said M and her Assignes at her and their free liberty and pleasure as shall and may in every respect fully countervail and be equivalent to the said Lands Tenements and Hereditaments so to be evicted or devested out of her possession or seizin by the said E or her Leassee or Assignee unto the use and behoof of the said M and her Assigns for and during the natural life ony of the said E and to no other uses before in these presents specified any thing aforesaid or any thing to be contained in the said assurances estates and conveyances or any any of them to the contrary c. Provided also and it is moreover Covenanted c. That after the decease of the said E if sall and may be lawful to and for the said T at all and every time times and from time to time during his naturall life by Deed indented under his seal to demise grant set and let the said Messuages Lands and Tenements or any part or parcel theof unto any person or persons in possession and not in reversion other then and except the premise before by these presents limited and appointed for the Joynture of the said M and other then c. so as the same grants That it shall be lawful for T. after E's decease to make Leases leases or estates shall not surmount nor exceed the term number of 21 years or three lives from after the making of such Lease or Lease and so as also there shall be reserved upon every such Lease to be yearly paid during the continuance thereof such and so much yearly rents duties and services as are now paid or answered for or out of the same or more And that then the said estates c. and other assurances to be had levied suffered and made by the said E or T or either of them of the said premises to be demsed as aforesaid shall be and shall enure and the said person and persons to be to be named as aforesaid and his or their Heirs or Assigness shall stand and be seized of the premises to be demised from and after the demising or granting thereof to the use and behoof of all and every such person and persons and their Assignes to whom any such demise or demises shall be so made for and during the terme or termers for which the same shall be so demised according to the intent effect and true meaning of such demises and every of them so as the fame person or persons and his and their Executors c. severally and respectively doe and shall well and truly pay or cause c. to such person and persons for the time being as shall be in the next and immediate reversion or remainder of the same Lands and Tenements so to be demised the rents duties and services in the said several Leases to be reserved upon every fuch several daies and times in their said Leases next after the same shall be due and payable and reasonably demanded by him or them in the next and immediate reversion or remainder thereof and doe performe in convenient time after request in that behalfe to be made all Covenants and grants in the same Lease Leases or grants to be contained and to be performed on his or their parts and behalfs shall not wittingly or willingly commit or suffer any wast above the value of c. in any one Tenement so to be demised or letten And from and after such Demises or Leases to be had and made and as they severally end and determine to such further use and uses and in such sort manner and form as are before in these presents limited mentioned and declared for and touching the same any matter or thing ut supra Provided also and it is likewise Covenanted c. that after the decease of the said E P it shall be lawfull to and for the said T P at all times and from time to time during his life by writing indented under seal to grant That it shall be lawfull for T. after E's decease to make his other wives Joyntures convey appoint or assure the said Messuage and Tenement cum pertinenti is commonly called c. and the Lards Demeasnes thereunto belonging or therewith used or occupied for or unto the use of such woman or women as the said T P sahll hereafter marry or espouse for and during her or their life or lives and no longer for and in the name of a Joynture and not dis-punishable of waft reserving therefore yearly the annual rent of c. to be yearly paid during the continuance of the same estate or otherwise by writing indented under seal from time to time at his liberty and pleasure to demise grant and set the same capital Messuage or Tenement and the Lands and
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
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
terme aforesaid shall be bought with the said Joynt stock or any part thereof or any other money thereunto hereafter to be put And all monâ—y that shall be taken up by the said parties during this present Co-partnership for the supply or furnishing of the said Joynt stock or Trade shall be used occupied and imployed in the said mystery to be joynt uses and commodities of both the said parties their c. and not otherwise And that the such hops goods wares and merchandizes so bought or to be bought shall be laid and housed from time to in such places which the said I V now useth and occupieth for such purposes within the roomes appertaining to the said Brew-house * Covenant that all profit and loss in any manner wise during the said term shall be equally born between the said parties part and portion alike And moreover it is covenanted c. That all such casualties of Debts and Debtors and all other dangers losses misfortunes and perils whatsoever that shall happen come or fall to the said whole stock or any thereunto to be put or any part thereof or the increase or gain thereof coming arising or growing or any goods wares or merchandives therewith or with any part thereof to be bought meat drink and wages of Servants and all other reasonable costs charges and expence disbursed or laid out or to be disbursed or laid out for any manner of cause lawful or reasonable concerning the said Joynt occupying or Co-partnership shall be borne paid and sustained by and between the said parties part and portion alike during the said terme * And that the said parties during the said term shall keep a true Book of Accompts and Reckonings touching their dealings and in the said Book shal be truly entered downe from time to time what shall be bought be and for the said joynt stock with the true prices at large and the parties names bought of and sold to And also that the said parties shall and will during the said term keep or cause to be kept just and true Books of the Accompts and Reckonings for and touching the dealings and proceedings of this Co-partnership in which said Books shall be truly written and set downe from time to time all such Goods Wares and Merchandizes as shall be either bought or sold belonging to their said Joynt Trade or Co-partnership after the buying selling or delivery thereof with the dayes and times of the buying and selling thereof with the true prizes what the same cost and for what they shall be sold and the persons names of whom or to whom the same shall be bought sold delivered and received together also with all such Debts and summes of money payments and receipts from time to time as shall concerne this present Co-partnership †And that either of them their Servants and Executors shall have accesse to the Book to view cast over or copy out without let of the other And that either of the said parties shall permit and suffer the other of them his Excutors Servants and Assignes not only to be resident in and about the said Brew house and all other Roomes as to the same doth or shall appertaine to deale in all matters touching or concerning Co-partnership but also to have free accesse to the same Books and every of them to view peruse cast over and copy out the same or any part thereof at their or any of their liberties and pleasures without let or denial in that behalf * Not to conceal any dealings one from the other during the Co-partnership And also that the said parties their c. shall from time upon reasonable request by him or them to be made by the one of them to the other of them his c. make privy the one of them to the other of them of his and their dealings in this Co-partnership without concealing any part of their dealings * That the said parties shall every week upon the request of either of them to the other make a just and perfect Accompt of the said stock and other moneys thereunto added put with the gains and profit And also that the said parties shall and will every week weekly during the said terme upon request by either of the said parties to the other of them to be made make yeild and give one of them to the other of them a good true just plaine and perfect Accompt and reckoning of the said whole stock of 400 l. and of all other summe and summes of money thereunto to be as is aforesaid thereunto added or put and of all the gaines profits and increase that thereof shall come arise or grow or shall be arisen or grown by means of the using and imploying of the said whole stock and other money thereunto to be put or any part thereof or of the increase thereof come or grown †And upon every such accompt charges and expences being deducted allowed the profit shall be equally divided betweene them and the gains so divided shall bee taken out of the stock and used as to them shall seem meer And that upon every such accompt and accompts so from time to time in forme aforesaid to be made and passed all the gaines winnings profits and increase that God shall send and which shall be found at the foot of any such accompt the aforesaid charges costs and expences being first deducted â—ebated and allowed shall be parted and divided between the said parties part and part alike that is to say The said I V his c. shall have the one moyety or half part thereof and the said W H his c. shall have the other moyety or half part thereof and that the said gaines and increase being parted and divided shall be by them taken out of the stock and imployed and used as them shall seem meet * Also no person or Servant to be hired without the â—onsent of the â—â—her And also that neither of the said Co-partners shall during this Co-partnership and joynt occupying take or hire any Servants or other persons to be imployed in the said trade or mystery without the privity consent and agreement of the other of them †That they â—t the expiration of the said term shall make a true Accompt of the whole stock other moneys with all the profit made within the time aforesaid And also shal subscribe the said final accompt take order to pay the Debts that shall be truly owing unto Creditor and upon such accompt charges being deducted shall make equall partition of the said stock Convenanted that if either party dy within the said term of Co-partnership then the Survivor to make a true just Accompt to the Executors and Administrators of the deceased And moreover that the said parties their Executors Admiâ—â—â—rators shall and will at the end and expiration of the said terme of c. and afterwards until division shall be made
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
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
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
sealing of these presents a good and sufficient Lease in Law and in full force and that she the said D. L. is lawfully interessed and hath full power to grant and sell the same And the said D.L. for her c. Covenanteth c. to and with the said T.W. his c. by these presents in manner and form following viz. That the said Indenture of Lease the day of the date hereof and at the ensealing and delivery of these presents is a good sure and sufficient Lease in the Law and standeth in full force and effect and that she the said D.L. the day of the date hereof at the ensealing and delivery hereof is lawfully interessed in the said Lease and premises thereby demised and hath full power good right and lawful authority to grant bargain and sell the said Indenture of Lease and all other the premises by the said Indenture mentioned to be demised or hereby mentioned to be bargained and sold in manner and form aforesaid And also the said D.L. for her c. D. L. Covenants That the premises are free and clear from all former bargains and free from all incumbrances the said yearly rent of the premises reserved Covenanteth c. to and with the said T.W. his c. by these presents That the same Indenture of Lease and the said Messuage House or Tenement with the appurtenances and all other the premises hereby mentioned or intended to be bargained and sold at the ensealing and delivery of these presents are and be and so shall continue during the residue of the said term of c. yet to come free clear and clearly acquitted exonerated and discharged of and from all and all manner of former bargains c. that is is free from incumbrances the said yearly rent of c. by the said Indenture reserved and all other the Covenants and Agreements in the same Indenture contained on the Tenants behalf from henceforth to be paid and performed onely excepted and foreprized Proviso That if D.L. shall on the c. pay unto the said T.W. the sum of c. then the bargain sale and assignment to be void and if default be made in the payment of the said sums then T.W. is to enjoy the said premises without the 〈◊〉 disturbâ—nâ—â— of the said 〈◊〉 or her c. Provided alwayes and it is agreed by and between the said Parties to these presents that if the said D. L. her c. or any of them do well and truly pay or cause to be paid c. That then this present bargain sale and assignment of the said Lease and other the premises shall be to all intents and purposes void and of none effect And further the said D. L. for her c. Covenanteth c. to and with the said T. VV. his c. That he the said T.VV. his c. from and after default of payment shall be made in any the several summes of c. shall and my peaceably and quietly have hold occupy and enjoy the said Messuage House or Tenement with the appurtenances and perceive receive and take the issues and profits of the premises hereby mentioned to be bargained and sold according to the true intent and meaning of these presents without the let trouble disturbance or molestation or eviction of the said D. L. her c. or any of them or of any other Person or Persons whatsoever And further upon the payment of the said sum c. unto the said T.W. by D.L. the said T. W. shall and will deliver up unto the said D. L. her c. the said Indenture of Lease or writing of confirmation safe whole and uncancelled together with the counterpart of these presents and one Obligation of the date thereof wherein D. L. standeth bound for performance of Covenants and true payment of the rent And the said T.VV. for him c. Covenanteth c. to and with the said D. L. her c. that she the said D. L. her c. untill desault shall be made in payment of the said several sums of c. or either of them the said Messuage House or Tenement with the appurtenances and the rents and profits of the premises shall and may peaceably and quietly have hold possesse and enjoy without any let trouble disturbance molestation eviction or expulsion of the said T.VV. his c. this Indenture c. notwithstanding And further that upon such full payment of the said several summes of c. the said T.VV. his c. shall and will re-deliver or cause to be re-delivered unto the said D.L. her c. the said Indenture of Lease and poll-deed or writing of confirmation safe whole uncancelled and undefaced together with the counterpart of these present Indentures of assignment under the hand and seal of the said D.L. and one Obligation of the date hereof wherein the said D.L. standeth bound for performance of the Covenants contained in these presents to be cancelled and made void And lastly the said D.L. c. Covenanteth to and with the said T. VV. his c. that she the said D.L. her c. shall and will well and truly pay or cause to be paid unto the said E. A. his c. the said yearly rent of c. by the said recited Indenture of Lease reserved and also shall perform all other the Covenants and Agreements in the said Indenture comprized according to the tenour of the same Lease untill default shall be made in payment of the said several summes of c. ¶ In witnesse c. ¶ An Indenture of Assignment of an Obligation with a Letter of Atturney for the recovery of the summes of money contained in the said Obligation and Condition thereof Penn'd by R. Mason Esquire E.K. and L.B. stand bound unto R. W. by Obligation in the penalty of 100 l. for the payment of 55 l. on c. and no payment is made by either of them of the same R.W. hath made over the said Obligation with all his right and interest thereto unto T. M. with a Letter of Atturney for recovery of the said debt THis INDENTVRE c. Witnesseth That whereas E.K. together with one L. B. of London Gent. by one Obligation Dated c. became joyntly and severally bounden unto the said R. VV. in the sum or penalty of 100 l. of c. with condition thereupon endorsed for the payment of c. on the c. at the c. as by the said Obligation and Condition c. And whereas the said 55 l. nor any part thereof was not paid by the said E. K. and L. B. nor either of them to the said R.VV. at the day and place limited in the Condition of the said recited Obligation for payment thereof and thereby the same Obligation became to be forfeited Now know ye that the said R.VV. hath granted assigned and set over and by these presents doth grant assign and set over the said Obligation
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
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
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
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
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
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
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
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
grants articles c. conteined in the first Lease which the Assignor should have had c. called c. to end and expâ—â—◠〈◊〉 c. next comming unto one c. only excepted and fore pâ—â—zed And further that the said W.P. c. shall and may c. 〈◊〉 have and enjoy to his own use and behoof all and singular such benefit advantage profit and commodity of all every 〈◊〉 any the Covenants grants articles and agreements to conteined in the said recited Indenture made between the said G. F. of th' one part and the said I. S. of th' other part which the said L. S. c. should have may might can have or in any sort during the time aforesaid Covenant that the Assignor hath done no act nor shall do to barr the Assignee of the benefit of the Covenants in the first Lease shall or may be intitled unto is as large and ample manner and form 〈◊〉 he the said I. S. c. shall can or may have the same A clause that the said I. S. hath not done nor shall do or commit any act whereby the said W. P. shall be barred to take any benefit of all the Coveâ—â—â—â— in the said last recited Indenture In witnesse whereof c. On special Covenant which was in an ordinary Lease conteined ANd the said I. R. which was the Lessor doth by these presents for him his Heirs c. Covenant and grant to and with the said I. T. his Executors Covenant that the Lessor shall discharge as well the premises as the Lessee from one renâ— bequeathed out of the Land by the Father of the Lessor as also from the rents due to the chief Lords c. c. that he the said I. R. his Heirs c. shall and will from time to time during the said term of c. acquit discharge and save harmlesse as well the said premises as the said I. T. his Executors c. of and from one yearly reâ—e given and Bequeathed by A. R. Father of the said I. R. by 〈◊〉 last Will unto one I. L. limited to be issuing forth of the said premises and also of and from the cheif rent and rents from time to time during the said term unto the cheif Lord and Lords of the Fee and Fees for the said premises and of and from all other charges and rents the rent by these presents reserved excepted issuing and going forth of the same c. An Indenture to lead the use of a Feoffment or other assurance in nature of a Will THIS INDENTURE c. Between E. G. c. of the one part and W. I. Minister of B. aforesaid R. S. c. and P. H. of the other part Witnesseth that as well for and in consideration of the good and perfect disposing establishing and setling of all and singular the Messuages c. and other Hereditaments of the said E.G. hereafter particularly mentioned and expressed to such uses intents and purposes as hereafter in these presents is limited and appointed as also for and in consideration that the Debs Legacies and Bequeaths of him the said E.G. in his last Will specified and contained may be sufficiently discharged and fulfilled and also that the good and charitable uses by these presents hereafter limited and appointed may be fully established and confirmed and for divers other good and sufficient causes and considerations him the said E. G. thereunto especially moving It is covenanted concluded and agreed by and between the said parties to these presents and every of them doth Covenant grant conclude and agree to and with the other of them their Heirs c. and every of them in manner and form following that is to say first he the said E. G. doth by these presents for him his Heirs c. and every of them Covenant grant conclude and agree to and with the said W. I. R. S. P. M. and P. H. and every of them their Heirs c. that he the said E. G. before the Feast of c. next c. by his sufficient Deed of Feoffment in the law shall and will well and sufficiently convey Covenant to make a feoffment to the uses-following and assure or cause to be conveyed and assured unto them the said W. I. R. S. P. M. and P. H. their Heirs and Assigns all and singular the Messuages c. and all and every other the Hereditaments with all and singular their appurtenances whatsoever of the said E. G. situate lying and being in the Parishes of c. or elsewhere within the said County hereafter in these presents particularly mentioned and set down except and always out of these presents foreprized all and singular such the Messuages c. whatsoever with their appurtenances as are specified contained or to him the said E. G. given and bequeathed by the last Will and Testament of I. G. bearing date c. as by the same doth appear which said Feoffment and other conveyance and assurance of the premises before mentioned to be made and every of them shall inure and shall be deemed adjudged esteemed and taken to be and inure And also the said W. I. R. S. P. M. P. H. 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 â—hereof shall stand and be seised of the same and every part thereof to the uses intents and purposes hereafter in these presents expressed limited and appointed and to none other use intent or purpose whatsoever that is to say of and in all and singular the Messuages c. what soever with their appurtenances set lying and being in the Parishes of c. on elsewhere within the County of K. in these presents mentioned except before excepted to the use and behoof of the said E. G. for and during the term of his natural life without impreachment of any manner of wast and after the decease of the said E. G. of and in all that principal Mansion house or Messuage with the appurtenances now in the tenure and occcupation of c. or his Assignee or Assignees with all the Barns Stables c. and other the appurtenances whatsoever And together with all and singular the lands c. and all other the hereditaments ways ealements and commodities whatsoever to the said Messuage or Tenement belonging or in any wise appertaining or together with the same at this present by the said c. used occupied or enjoyed the Lands commonly called the B. only excepted conteining in the whole by estimation c. whether more or â—esse situate c. in the Parishes c. And furthermore of and in all the Messuage or Tenement with the Barns c. and all other the easements together with all the Lands c. to the same belonging or in any wise appertaining or together with the same had held used occupied or
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
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.
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
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
sum and sums of money benefit and advantage by reason or means of the said Bond to be had obreined or gotten and we give and by these presents grant unto our said Attorney all our full power and authority in and about the premises the said V W. his executors administrators and goods and every or any of them if need shall be to sue arrest attach seize sequester implead condemn in prison to put and out of prison to deliver and to appear before all manner of Judges Justices and Ministers of the Law and to compound conclude agree recover and receive and after Recovery receipt or upon every composition or other agreement to be made acquittances or other discharges in our names to make seal and deliver as our Deeds and one Attorney or more under him to make substitute or revoke and generally to doe execute perform and finish all and every other lawfull act and acts things and things whatsoever which in or about the said premises or any part thereof shall be needfull necessary or convenient as fully and effectually as we our selves might or could do personally covenanting and granting by these presents to hold ratifie and allow for good firm and effectuall all and whatsoever our said Attorney shall lawfully do or cause or procure to be done in about or concerning the said premises or any part therof by vertue of these presents In witnesse whereof We have hereunto set our hands and Seals dated the 23 day of May in the yeare of our Lord God 1650. An Indorsment of livery and seisin by Attorney QUiet and peaceable possession livery and seisin of the Messuage lands and tenements with the appurtenances within mentioned was had and delivered by the within named T B. Attorney unto the within named W I. unto the within named H R. and his heires the 12 day of Aprill Anno Dom. 1634. according to the purport and effect of these presents in the presence of c. The Attornement of the Lessee of the Lands conveyed by the Feoffment upon livery and seisin MEmorandum That I M. Lessee of the within mentioned premises do consent unto the livery and seisin above mentioned And do Attorn unto the within named H R. according unto the purport of this Indenture in the presence of c. An Indenture to try a title upon an ejectment THis Indenture made c. Between Sir E S. of L in the County of Surry Knight of the one part and I H. of C. in the County of H. Yeoman on the other part Witnesseth that the said Sir E S. for divers good causes and considerations him thereunto unto especially moving hath demised granted to farm letten And by these presents doth premise grant and to farm let unto the said I H. his executors and assignes One messuage and two acres of land with all and singular the appurtenances sâ—ituate lying and being in the parish of C. in the said County of H. To have and to hold the said messuage and premises with their appurtenances unto the said I H his executors administrators and assignes from the Feast of the Anunciation of our blessed Lady Saint Mary the Virgin last past before the date hereof unto the full end and term of three yeares from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said terme unto the said Sir E S. his executors administrators and assignes one Pepper-corne if the same be lawfully demanded Provided alwaies that if the said Sir E S. his executors administrators or assignes or any of them shall be minded at any time Proviso to determine the Lease upon paiment of 12 pence during the said terme to determine this present Lease and fâ—r that intert shall pay unto the said I H. his executors adminiâ—trators or assignes the sum of 12 d. of lawfull English mony that then and immediately after such paiment of the sum of 12 d. as is aforesaid this present Indenture and Lease and all and every clause article and agreement therein conteined shall be utterly void frustrate and of none effect to all intents and purposes whatsoever In Witnesse whereof c. Letters Patents for making an Alien to be a free Denizen TO all or to whom these presents shal come greeting know yee that wee of our speciall grace and certeine knowledge meer motion have granted and by these presents do grant unto Peter le Pipre of the Town of Armentere in Flanders or by what other name he be called or known that he during his life be held as a lawfull subject of us and our heires and sucessors in all things and so shall be reputed called had and governed as our lawfull Liege within our Kingdome of England proceeding and not otherwise nor in any other manner And also that he shall have exercise use and enjoy all and all manner of accounts sutes and complaints of what kind soever in every one of our Courts and Jurisdictions soever and in the same plead and be impleaded to answer and be answered to defend and be defended in all things and by all things as any of our faithfull subjects born in our Kingdome of England And moreover that the said Petre may purchase receive take have hold buy and answer lands tenements reversions and such and other hereditaments whatsoever within our said Kingdome of England and Dominions thereof and also to use and enjoy and give them sell to alien or bequeath them to any person or persons whatsoever if he please at his owne will and pleasure lawfully and unpunishable and that he shall and may enjoy have and reteine Taverns Shops or Houses whatsoever for the terme of one yeare or more years so fully freely quietly wholly and peaceably as any of our liege people within oursaid Kingdome of England proceeding and that it shall be lawfull for any of our subjects to let unto the said Petre and his assignes whatsoever Tavernes Shops and Houses whatsoever for the terme of one or more yeares without any forfeiture or punishment whatsoever to be incurred for that occasion And also that he the said Petre all and all manner of liberties franchises and priviledges of this Kingdome lawfully quietly and peaceably shall have and possesse use and enjoy as our liege people within our said Kingdome of England born without disturbance hindrance molestation vexation cavill or grievance of us or our heires or of any other whatsoever any Statute Act Ordinance or provision to the contrary hereof before enacted made ordeined or provision or any other thing cause or matter whatsoever in anything notwithstanding Provided alwaies that the said Petre shall unto us Lot and Scotâ— as other our liege people doe make and contribute shall pay and contribute what is just and shall pay to us our heires and successors Customes and Subsidies for his goods and Merchandises as Aliens doe pay and have accustomed to pay Provided alwaies also that the said Petre to all and singular Ordinances
grant by the Stewards of liberties to certeine persons to be their Bayliffes and to collect all issues Fines and amerciaments c. TO all Christian people to whom this present writing shall come T D. of Graies Inn in the County of Mid. Gentleman and W B. of H. in the County of York Gent. sendeth greeting in our Lord God everlasting Whereas George c. by his Indenture bearing date c. and signed by him the said I and under his seale hath granted the Stewardship of all and singular his liberties within the County of York together with all and singular the appurtenances thereto belonging unto the said T D. and W B. for the term of their naturall lives and the longer liver of them as in and by the said Indenture remaining of Record in the Court of Exchequer amongst other things it doth and may appear Now Know ye that we the said T D. and W B. for divers good causes and considerations us thereunto especially moving have authorized nominated deputed constituted and appointed and do by these presents authorize nominate constitute appoint our well beloved W A. and W C. within the said County of York my Bailiffes of all and singular the said Liberties of the said G. c. within the said County and to execute the Office of Bailiffes within the said Liberties and to receive collect and gather all and every such issues Fines amerâ—iaments sum and sums of money as shall at any time arise grow due or accrue unto the said G. c. or unto us the said T D. or W B. within all or any of the said Liberties within the said County of York the said W A. and WC giving unto the said G. a just accompt of all such sum or sums of money which they or either of them shall so receive within three moneths after they have received the same and to doe and perform all and every such other thing and things whatsoever belonging and appertaining to the Office of Bayliffs within the said liberties ratifying and establishing by these presents all and all manner of lawfull and reasonable act and acts thing and things whatsoever as they the said W A. and WC shall do in the premises within the said Liberty as aforesaid or for the due execution of the same in as large and ample manner as if we the said T D. W B. were present in our persons for the acting or doing thereof In witnesse whereof we the said T D. and W B. have hereunto put our hands and seals the 18 day of July in the yeare of our Lord God c. A bargaine and sale to the c. of a Prebend c. THis Indenture made the c. Between c. on the one party and Sir I M. Knight on the other party Witnesseth That the said Sir I M. Knight for certaine causes and considerations him especially moving hath bargained sold given granted and assured and by these presents doth fully and clearly bargaine sell give and grant unto c. all that his Prebend of T. in the County of S. with all and singular his rights members and appurtenances And also the advowson gift presentation collation and right of patronage of the same prebend which said prebend the said Sir I M. lately had to him and his heires for ever of the gift and grant of c. as by his Letters Patents thereof made under the Great seale of England bearing date c. to the said Sir I M. amongst other things more plainly appeareth And also all and singular his Lordships Mannors Messuages Houses Buildings Lands Tenements Meadowes Leases Pastures Rents Reversions Services Woods Underwoods Personages Chappels Advowsons Glebelands Tithes Oblations Obventions Pensions Portions Fruits Profits Commodities Emoluments and Hereditaments whatsoever with their Appurtenances whatsoever A bargain and sale of the rents reserved upon any Leases or grants of the premises together with the deeds and evidences as well spirituall as temporall of what kind or nature sover they be or by whatsoever names they be called or known set lying and being comming growing or renewing in the Towns Fields Parishes or Hamblets of T and R. in the said County of S. and in I. in the County of W. and elsewhere in the said Counties or in either of them or within the Realm of England in any manner of wise belonging or appertaining And further the said Sir I M. by these presents bargaineth and selleth unto our said Soveraigne Lady all the rents and the yearly profits whatsoever reserved upon all Leases or grants made of the premises or of any part or parcell thereof together with all and al manner of Letters Pattents Deeds Evidences Charters Court-Rols Terrets Esâ—ripts Covenant by the bargainer to deliver the evidences which he hath or may have without sute in law into the Exchequer or other place assigned by the Officers of that Court before such a day Indentures Leases Writings and minuments concerning only the said Prebend Lordship Mannor Messuages Lands Tenements and other the premises or only any part or parcell thereof and as many of the same Letters Patents Evidences Deedes Charters Court-Rols Rentals Terrers Esâ—ripts Indentures Leases Writings and minuments as now be in the hands or custody of the said Sir I M. or of any other person or persons to his use and which he may conveniently get or come by without sute in Law for the same Sir I M. Covenanteth and granteth by these presents to deliver or cause to be delivered into the Court of Exchequer or to such other place or places as by the Treasurer and Barons of Officers of the said Court of Exchequer or any of them shall be appointed to the use of c. at or before the Feast of Easter next comming after the date of these presents And also all and singular other evidences writings and minuments concerning only the premises or only any part or parcell thereof which at any time after the said Feast shall chance to come to the hands or possession of the said Sir I M. or his heirs the same Sir I M. covenanteth and granteth to and with c. by these presents to deliver or cause to be delivered into the said Exchequer or into such other place as shall be appointed in form aforesaid to the use of c. from time to time as the same shall chance to come to the hands or possession of the same Sir I M. or of his heires To have and to hold the said Prebend The usuall Covenant that the bargainer is true owner in fee simple and had full power to sell the premises Lordship Mannor and all and singular the said messuages lands tenements Meadows pastures Leases rents reversions services advowsons and other the premises with all and singular their appurtenances to c. and assignes for ever to the only use and behoofe of the said c. and assignes for ever And the said Sir I M. Covenanteth and granteth to and with
of the other part Witnesseth that for Consideration of a Marriage and in consideration of a Marriage of late had and solemnized between the said E M. and E his now Wife Daughter of the provisoes Articles and Agreements that passed and were made upon the conclusion of the same Marriage and for reducing of the same into Covenants and also for the more security for conveying and assuring of a competent Jointure to and for the said E. of the inheritance of the said W. and E M. to be and remaine to the severall uses intents and purposes hereafter and herein declared and for diâ—ers other good just lawfull and reasonable causes respect purposes and considerations the said parties hereunto especialy moving It is covenanted granted concluded confirmed condescended determined and agreed by and between the said Parties to these presents for themselves their heirs c. and to the effect and form following viz. First the said W. and E M. for themselves their heires A Covenant to make Estates c. do covenant grant and promise to and with the said E M. his heires c. by these presents That the said W. and E M. or either of them and their heirs and the heirs of either of them shall and will at all times hereafter and from time to time at and upon the reasonable request costs and charge in the Law of the said E M. his heires c. make seale deliver knowledge perform perfect and execute and cause and procure and suffer to be made c. unto such person and persons as by the said E M. his c. thereunto nominated and appointed all and every such Estate Fines Feoffments conveyances acts things devises and assurance in the Law as by the said E M. his heires c. or his or their learned Councell shall be devised orrequired for the assuring conveying passing and sure making of all and singular those messuages Lands Tenements and Hereditaments Habend for uses cumpertinentiis in c. To have and to hold the said Messuages c. unto the said Person or Persons to be named and appointed as aforesaid and his or their heires or assignes to the severall uses intents and purposes and upon with and under the provisoes and limitations hereafter in these presents expressed and declared and to none other use intent purpose Covonant to whose use it shall be limitation or meaning that is to say It is covenanted granted condescended concluded and agreed by between the said parties to these presents for themselves their heirs c. and it is their full meaning agreement purpose and intent That the said Estate Fines Feoffments conveyance and assurances for and touching c. shall be and the said person or persons to be named and appointed as afore aid and his or their heirs or assignes shall stand and be thereof seised to the use and behoof of c. That they are true owners and are seised in Fee c. And the said W M. and E M. for them their c. doe Covenant c. and either of them for and by himselfe his heires c. That they the said W M. and E M. and either them or one of them at the making and executing of the said conveyances and assurances are true lawfull and perfect Owner of the said messuages lands tenements and hereditaments cum pertinent is and are thereof lawfully seized in possession of an absolute Estate in Feesimple Fee-taile or the one of them and are thereof seised in possession for term of his life with the immediate reversion or remainder thereof over to the other of an estate of Inheritance shall then have ful power right title authority to pass convey assure the premises cum pertinentiis to the uses according to the effect aforesaid And free from incumbrances And that they the said W M. E M. and either of them their heires c. shal and wil at al times hereafter acquit and discharge or otherwise from time to time upon reasonable notice and request fully and sufficiently save harmless aswell the said messuages c. as also such person or persons to whom any use or estate is before by these presents limited or appointed of for from touching and concerning all and all manner of bargains sâ—les guifts grants fines feoffements estates entailes recoveries executions limitations presente contingente and future uses statutes recognizances judgements rents charges troubles leases extents entrusions issues liveries forfeitures exceptions And that he the said E M. and E. his wife That they shal enjoy and the said E M. and his heirs and the said severall sons the heires of their severall bodies lawfully to be begotten and all and every other their heire and heires to whom any use or estate is by these presents before mentioned intended limited appointed or declared shall and may quietly and peaceably have hold occupy and enjoy the faid premises cum pertinentiis according to the uses and true meaning before declared and the assurances hereafter to be made and passed in that behalfe without any let sute vexation hinderance expulsion eviction interruption or trouble of the said W.M. or his heires or assignes or of any other person or persons lawfully claiming from by or under him or them or by his or their means assent commandements or procurement Exceptions And that the said W. and E M. nor either of them That he shall not doe any act to make void the Estates nor to disable him to sell shall not at any time or times hereafter make do attempt assent unto knowledge execute or willingly suffer any manner of estate conveyance assurance act thing matter or device whatsoever whereby or by reason whereof the uses and estates before declared or any of them for and touching the said Lands and Tenements or any part or parcell thereof shall and may be discontinued cut off debarred overthrown or made void or whereby the said E. or any of the said sons or any heire of any of their bodies lawfully begotten or the heire of the body of the said E M. upon the body of the said E. lawfully to be begotten or the said E M. or his heires shall or may by any means be defeated defrauded excluded or disinherited of the premises or any part or parcell thereof or of any use or estate hereby to him or any of them appointed limited or intended to be contained or mentioned in any of the said conveyances or assurances contrary to the true meaning of these presents or whereby or by reason whereof the said W M. and E M. or any of them shall or may in any sort or degree be disabled perfectly sufficiently and surely to make passe convey and assure the said Messuages Lands and Tenements or any part or parcell thereof according to the uses limitations and true meaning of and in these presents expressed and declared And the said W M. and E M. for them If
the land be not passed before the day then they to stand to the uses before declared their heires c. and either of them for and by himselfe his heires c. do and doth in consideration of the said Marriage and for and in consideration of the said naturall love good will zeale and fatherly affection which the said W M. hath and beareth towards the said E M. and for the conveying and assuring of the said Jointure and for the establishing setling and assuring of the said Messuages Lands and Tenements cum pertinentiis to the severall uses behoof and purposes before herein expressed and declared and for and in respect of divers other good causes and considerations them especially moving grant covenant and promise to and with the said E M. his heires c. That if or in case the said Messuages Lands and Tenements or any part or parcell thereof shall happen not to be by good and sufficient conveyance and assurance in Law sufficiently conveyed passed and assured to the uses intents behoofs and purposes aforesaid within the space of c. next ensuing the Date hereof That then and from thenceforth the said W. and E M. and either of them and their heires and assignes and the heires and assigns of either of them and all and every other person and persons that then shall stand and be seised of and in such and so many of the premises as shall not be sufficiently and perfectly conveyed passed and assigned to the uses aforesaid shall stand and be thereof seized to such severall uses respects purposes limitations and intents and under such provisoes and conditions as are before by and in these presents limited expressed appointed and declared for and touching the same according to the true meaning of these presents * Proviso that if E. dy before she be aged 24 years without issue living or if it be alive and live not till shee should have been aged 24 yeares if shee had lived then the estate to be void and they to stand seâ—zed to the use of E M. till W M. pay him 500 l. then the Estate to be to the use of W M. and E M. for her join sure Provided alwaies a ditis granted concluded condescended determined and agreed by and between the said parties to these presents for themselves their heires c. And it is also their full meaning agreement purpose and intent That if the said E. shall happen to decease and depart this life before her full age of 24 years without any issue of her body of and by the body of the said E M. lawfully begotten then living or in case she have the issue living if the same issue happen to decease and depart this life before such time as the said E. if she had lived should have accomplished the said age of c. That then and from thenceforth the uses before herein declared and expressed for and touching the said Messuages Lands and Tenements cum pertinentiis by and in these presents limited and appointed tobe conveyed to and for the Jointure of the said E. shall utterly cease determine and be void to all intents and purposes And that then and from thenceforth and at al times after the said estates feoffment conveyances and assurances for and touching the said Lands and Tenements cum pertinentiis shall be and shall inure and the said Person or persons to be named and appointed as aforesaid and his or their heires and assignes shall stand and be thereof seized to the use and behoof of the said E M. and his heires untill the Feast of c. that the said W M. his heirs c. shall well and truly pay content and satisfie unto the said E M. his c. at his now dwelling house sâ—ituate c. the sum of c. without fraud or covin and that from and after such paiment the same appointed estates feoffments conveyances and assurances for and touching the premises limited and appointed to and for the Jointure of the same E shall be and the said person and persons to be nominated and appointed as aforesaid and his and their heirs and assignes shall stand and be thereof seized to the use and behoof of the said W M. and E M. and their heirs and assignes for ever Anything in these presents contained or to be contained in the same estates feoffments conveyances and assurances or any of them to the contrary thereof in any wife notwithstanding Provided alwaies Proviso that if any of the Feoffees do any act to hinder the estates then the estate of them so attempting shal go to the other Feoffees and it is neverthelesse fully concluded condescended and agreed by and between the said parties to these presents and every of them That if the said V G. W. G. and R G. or any of the heires of the body of the said E M. lawfully begotten shall at any time or times hereafter willingly advisedly or actually attempt or go about to commit or do or cause to be done any act or acts thing or things whatsoever of the said Mannors c. to be assured or conveyed or any part or parcell thereof whereby or by means whereof any estate use or possession above in these presents limited or expressed for any of them shall or may be in any wise discontinued impeached charged hindered cut off barred or extinguished contrary to the intent and true meaning of these presents except such act and acts thing and things as are in or by these presents mentioned licensed limited or permitted and except the lawfull and reasonable Dower of such woman or women as are or shall be his or their lawfull wife or wives That then immediately and from and afterevery such attempt of the said V G. W G. or R G. or any of them or any of the heires males aforesaid the estate use remainder and possession of such of them as so shall willingly advisedly and actually attempt go about doe commit or cause to be done any such act or acts thing or things shall cease and determine of and in and for such part onely of the said Mannors c. whereof any such attempt or going about shall be had or made as is aforesaid as though such person or persons so attempting or going about were naturally dead and that yet neverthelesse all other several uses estates and remainders now by these presents limited and expressed of and for the same shall stand and be of and in the same and in the like sort as if such person or persons so attempting or going about were dead And that then and from thenceforth the said conveyance and assurance shall be and the said Feoffees and their heirs and all other persons to whom any such conveyance or assurance as is aforesaid shall be had or made and their heires shall stand and be seized of for and concerning so much and such parcell onely of the said Mannors c. so to be conveyed and
and executing thereof stand and be seized of the said Manour and premises to the uses intents That the Recovery shall be for one annuity of â—ol per 〈◊〉 and purposes hereafter specified expressed or declared and to none other use intent or purpose viz. from and after the execution thereof that the same be for one annuity or yearly rent of 20l. by the yeare to issue out of the said Manours and premises to the use of the said H. S. and his Heires during the life of the said R. payable at the Feasts of c. by even and equall portions and to the intent use and purpose that if the said annuity or yearly Rent be behinde and unpaid after any of the said payable Feasts at which the same ought to be paid If the annuity be behind it shall be lawful for him to distraine That then and so often it shall be lawfull to and for the said H. and his Heires into the said Manour and premises to enter and distraine and the distresse and distresses there found to take lead drive carry away impound and retaine untill the said annuity with the arrerages thereof it any be fully contented satisfied and paid unto the said H. S. his Heires or Assignes And to the further use and behoof of and for the said Manours and premises with the appurtenances to for and of the said R. S. for terme of his life without impeachment to waste and from and after the decease of the said R. that the same Recovery and Recoveries before one other annuity or yearly Rent of 20l. per annum It shall be for other annuity of 20l. per â—nn to issue out of the said Manour and premises to the use of the said A. during her naturall life payable at the said Feasts by even and equall portions and to the intent use and purpose that if the said annuity or yearly Rent of 20l. be behind and unpaid after any of the said payable Feasts at which the same ought to be paid during the life of the said A. after the decease of the said R. That then and so often it shall be lawfull to and for the said A. after the death of the said R. into the said Manour c. ut supra And from and after the Decease of the said R. to the further use and behoof of and for the said Manour and premises with the appurtenances to be so as aforesaid recovered of the said H. S. and E. and of the Heires of the body of the said H. by him on the body of the said E begotten or to be begotten And for default of such issue then to the use of the Heives of the body of the said E. lawfully begotten and for default to such issue then to the use of the Heires males of the body of the said R. on the body of the said A. lawfully to be begotten and for default of such issue then to the use of the right Heires of the said E. for ever And the said R. S. c. doth covenant c. to and with the said H. S. c. That the said R. S. his Heires c. shall and will from time to time and at all times hereafter acquit exonerate and discharge or otherwise upon reasonable request to him or them in that behalse made save and keep harmlesse and indempnified as well the said Manour and premises and every part thereof as also the said H.S. and E. and their said Heires of for and concerning the said Manours and premises of and from all and all manner of former grants bargains sales statutes recognizances charges titles troubles and incumbrances whatsoever had made done knowledged or suffered or hereafter to be had c. ut supra by the said R.S. or any other person or persons by his meanes assent or procurement such assurance as the said R. hath heretofore made to Covenant for further assurances and for the use of the said H. and E. or either of them only excepted And also the said R.S. doth further c Covenant c. to and with c. That he that said R. and his Heires shall and will make doe knowledge and suffer or cause and procure to be had c. all and every such further and reasonable act and acts thing and things device and devices in the law for the further assuring and sure making of the said Manor and premises and every part thereof unto the said H.S. and E. and their said Heires to the uses and intents aforesaid Be it by fine or fines recovery or recoveries feoffements release confirmation or otherwise with warranty of the said R. and his Heires against him and his Heires or without warranty if it be so required As by the said H.S. his Heires or Assignes or his or their learned Councell in the law shall be devised advised and required In Witnesse whereof to one part of these present Indentures tripartite remaining with the said H.S. and E. his Wife the said R.S. and A his Wife T.V. and R.S. have put their seales to another part of the same Indentures remaining with the said R.S. and A. The said H.S. and E. his Wife T.V. and R.S. have put their seales and to one other part also of the same Indentures remaining with the said T.V. and R.S. the said R.S. and A. his Wife H.S. and E. his Wife have set their seals Dated the day and year first above written An Indenture of Covenants upon Uses for leavying a Fine and for the perfecting of the Estate of the Lessee for yeers THis INDENTVRE made c. Between I.H. of c. of the one part and I.T. of c. of the other part Witnesseth that Sir T.T. Knight Grandfather to the said I.H. party to these presents did by his Indenture of Lease Dated c. demise grant and to farme let unto the said I.T. all that his houses edifices buildings barnes stables orchards gardens meadowes feedings pastures closes moores mosses wast ground woods under-woods wayes waters common of pasture and turbary and hereditaments whatsoever in S. commonly called and knowne c. To have and to hold c. unto the said I.T. for and during the term c. Yeelding and paying therefore yearely during the said terme a certaine yearely Rent As by the said c. may appeare Now the said I.H. for and in consideration of a certaine summe of money to him in hand paid by the said I.T. before the ensealing and sure making of the said Lease for yeares unto the said I.T. and his Assignes and to the end and intent that the same Lease may be peaceably and quietly occupied and enjoyed according to the true intent and meaning of the same without and eviction of the said I.H. his c. And the said I.H. c. doth Covenant c. That the said T.T. Covenant to leavy a Fine or his Heires shall and will at the costs and charges in the law of the said I.T.
his c. before the Feast c. knowledg and leavy a Fine with proclamation unto I.L. and R.S. and to the Heires of the said I.H. before the Justices for the time being of Common pleas to be holden at Westm ' of the said premises demised by the name of c name the things particularly with the appurtenances and for the declaration uses and intents of the same time It is Covenanted and agreed between the said Parties of these presents and the said I.H. c Covenanteth c. that the said Fine so to be levied of the premises demised by the number of acres and names before mentioned shall extend only to the said Lands Tenements and Hereditaments with the appurtenances of the said I.T. as aforesaid and to none other Lands Tenements or Hereditaments in S. aforesaid And the said Fine so to be levied to the said dimised premises immediately after the entring and engrossing thereof That the Fine shall be to the use of I.F. And the said I.H. and R.V. and the Heires of the said I.H. and all other Persons that from thenceforth shall be seized to the said premises demised shall stand and be thereof seized to the use and behoof of the said I.T. party to these presents his Heires and Assignes for ever In Witnesse c. An Indenture of Revocation of Uses with divers other Covenants to that purpose TO all Christian people to whom this present writing Indented shall come I Sir R.B. of c. Knight The recital send greeting in our Lord God everlasting Where by one Indenture bearing Date c. made between me the said Sir R.B. by the name of Sir R.B. of c. on the one party and c. on the other party I the sayd Sir R.B. as well for the better advancement and preferment of the Heires males of my body lawfully to be begotten and for the better advancement and preferment of W.B.R.B. and T.B. Gentlemen Brothers of me the said R.B. and of divers other the Kinsmen Friends and Allies of the name of me the said Sir R.B. and of every the Person and Persons afterwards in the said recited Indenture particularly named and of the several Heires males of their bodies lawfully begotten and to be begotten and for the natural and especiall love favour and affection which I the said Sir R.B. did beare unto the said W.B.R.B. and T. B and to the intent that all and singular the Manours Mesnages Lands Tenements and Hereditaments in the same recited Judenture particularly mentioned or expressed might remain continue and be in the name of the said B. and in the name blood stock family and kindred of me the said Sir R.B. so long as it shall please Almighty God to permit and suffer the same as also for divers other good causes and considerations me the said R.B. thereunto especially moving Did covenant promise and grant c. in and by which recited Indenture it is provided Covenanted granted condescended and agreed by and between all and every the said Parties to the same recited Indenture for themselves their Heires and Assignes In W th Indenture there is a Covenant that it should be lawful for Sir R.B. to revoake the Uses and to the true intent and meaning of them and every of them and their Heires as in the same Indenture is that it should and might be lawful to and for me the said Sir R.B. and that I the said sir R.B. should have full power and authority 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 by me sealed and subscribed in the presence of two or more credible Witnesses to alter change diminsh enlarge revoke frustrate cease determine extinguish and make void all and every or any of the Use and Uses Estate and Estates before in the said recited Indenture expressed limited mentioned declared or appointed to any person or persons of and in the said Barony Manours Mesuages Lands Tenements Hereditaments and premises or in any of them or any part or parcell of them or any of them and thereof or of any part thereof to create declare limit or appoint any other use or uses Estate or Estates to any the Person or Persons afore in the same recited Indenture named or to any other Person or persons whatsoever in such sort manner and forme and for such Estate Estates terme and termes as I the said Sir R.B. should think meet and convenient and that at all times and from time to time immediately from and after any such alteration change diminution enlargement revocation determination or making void of all or any the use or uses Estate or Estates before in the said recited Indenture expressed limited mentioned declared or appointed and any creaction declaration limitation or appointment of any other use or uses Estate or Estates and that so often as I the said Sir R.B. should make any such alteration change diminution enlargement revocation or determination of any use or uses Estate or Estates and reaction declaration limitation or appointment of any other use or uses Estate or Estates all every such those use uses Estate Estates of and in the said Bar Man ' prem ' or of in any part or parcel thereof which I the said Sir R.B. at any time or times hereafter in or by any such Deed or Deeds writing or writing or by my last Wil testament in writing by me sealed and subscribed in such presence as is aforesaid should alter change diminish enlarge revoke determine extinguish and cease or make void And that then immediately from thenceforth the said before mentioned Fine or Fines Recovery or Recoveries and all and every other conveyance conveyances assurance assurances in the law whatsoever at any time hereafter to be had or made between the said Parties to the said recited Indenture or any of them of the said Barony Manours and premises or of such part thereof according to the true intent and meaning of the same Indenture should be and enure and should 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 should immediately from thenceforth stand and be seized of and in the same premises whereof any such reaction declaration limitation or appointment of other use or uses Estate or Estates terme or termes should be so 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 1 the said Sir R.B. in or such Deed or Deeds writting or writings or by my last Will and Testament in writing by me sealed and subscribed in such presence as is aforesaid
should from time to time create declare limit expresse or appoint and to no other use purpose or intent The said recited Indenture or any thing c. notwithstanding And afterwards in performance of the Covenants grants and agreements in the said recited Indenture mentioned several Fines and Recoveries were had levied knowledged and executed of in and upon and for and concerning the said Barony Monours Lands Tenements and premises in the Court of Common pleas at Westminster as also before the then Justices in the County of Chester and also before the Justices in the said County of F. all and every which Fine and Fines Common Recovery and Recoveries were had levied knowledged and suffered to the uses intents and purposes and with and under the several provisoes conditions and limitations in the said recited Indenture mentioned After which the said R.B. of W. died without issue male of his body lawfully begotten In consideration of the Proviso in the recited Indenture Now know all men by these presents that I the said Sir R.B. for divers causes and considerations me moving and by vertue of the said recited Proviso and the liberty power and authority by the said recited Indenture to me reserved and according to the true intent and meaning of me the said Sir R.B. and of all other the Parties to the said recited Indenture Have altered changed revoaked determined and made void and by this my present writing Indented The Revocation of the Uses being by me signed and fealed in the presence of the Persons undernamed do alter change revoake frustrate cease determine and make void all and every the said use and uses Estate and Estates created raised expressed declared limited and appointed by the said recited Indenture Fine or Fines Recovery and Recoveries and every or any of them to the faid W.B.R.B. and T.B. Brothers of me the said Sir R.B.W.B. of c. R.B.T.G. alias B.I.R. of c. W.B. Brothers of the said J.B. of c and to all and every the severall Sonnes and Heires males begotten on the several bodies of them the said W.B. and T.B. my Brother W.B. of c. R.B.T.G. alias B.I.B. of c. and W.B. his Brother and every of them of and in the said Barony of M. Manours Lands Tenements and Hereditaments in the said recited Indenture mentioned or any part or parcel thereof And further know all men by these presents That I the said Sir R.B. for the fatherly love and affection that I the said Sir R.B. do heare to Dame M. E. my only Daughter and Heire apparent now Wife to Sir R.E. Knight and to the Heires of her body lawfully begotten doe by these presents by vertue of the said recited Proviso in the said recited Indenture contained and the liberty power and authority therein and thereby to me reserved as a foresaid create declare limit and appoint that the said Fine and Fines Recovery and Recoveâ—ies so had levied knowledged and suffered of the said Barony and premises before in these presents mentioned as aforesaid and all and every the Parties thereunto and all and every Person and Persons and their Heires which now be or hereafter shall stand and be seized of and in the said Barony and premises or of or in any part or parcel thereof shall by vertue thereof from and after that every of the said several Uses and Estates limited and appointed as aforesaid of and in the said Baromy and premises to me the said Sir R.B. and to the said several Sonnes of the body of me the said Sir R B. shall be ended That the said Barony shall be to the use of R.B. and his Heires c. expired and determined stand and be seized of and in the said Barony and premises and of and in every part and parcel thereof to the use and behoofe of the said R.B. my Brother and his Assignes for and during the terme of the natural life of the said R.B. my Brother without impeachment of any manner of waste And immediately from and after the death of the said R.B. last named then to the use of the first Sonne of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such first Sonne of the said R.B. last named lawfully begotten And for default of such inssue to the use of him that shall be the second Son of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such second Sonne of the said R.B. last named lawfully begotten And for default of such issue c. ut supra And for default of such issue to the use of every other Sonne or issue male of the body of the said R.B. last named lawfully begotten which the said R.B. last nemed shall happen to have above the number of six Sonnes and of the Heires males of the body of every such other Sonne of the said R.B. last named successively one after the other as they shall be in seniority one before the other so long as there shall be any Sonne or issue male of the body of any Sonne of the said R.B. last named lawfully bebotten extant And for default of such issue to the use of the said T.B. Brother to me the said Sir R.B. and his Assignes for and during the terme of the natural life of the said T.B. without impeachment of any manner of waste and immediately from and after the death of the said T.B. then to the use of him that shall be the first Sonne of the body of the said T.B. lawfully begotten and of the Heires males c. ut supra And for default of such issue to the use of the said Dame M E. Daughter and Heire apparent of me the said Sir R.B. and Wise to the said Sir R E. Knight for and during all the natural life of the said Dame M. and from and after her decease to the use of R.E. Esquire Sonne and Heire apparent of the said Sir R. E. and Dame M. his Wife and of the Heires males of the body of the sad R. E. lawfully to be begotten And for default of such issue to the use of S. E. second Sonne of the body of the said Dame M. E. lawfully begotten and of the Heires males of the body of the said S. E. lawfully begotten and fon default of such issue c. ut supra And for default of such issue to the use of the right Heires of the said Dame M. E. for ever That if R.B. c. doe any act to hinder the Estates then their Estate shall be void Provided always that if the said R.B. Brother of mee the said Sir R.B. or any of the said severall Sonnes of this body begotten or any Heire male of the severall bodies of the same Sonnes lawfully begotten or to be begotten or if the said T. B. my Brother or any of the said severall Sonnes of the body of the said T. B. or
any Heire male of the severall bodies of the same Sonnes lawfully begotten or to be begotten shall at any time hereafter resolve or determine or advisedly determinably or effectualy devise conclude or agree or shall enter into any communication promise Covenant or agreement or shall advisedly and effectually directly or indirectly attempt cause procure go about or assent unto or for any act or acts thing or things to be done had made or suffered for or concerning any bargain sale discontinuance alienation conveyance or assurance to be had or made of the said Barony Manours Landb Tenements and premises or of any of them or of any part thereof where by or by reason whereof any Estate or Estates use or uses of or in the said Barony Manours c. or of or in any part or parcel thereof in use or possession before in these presents limited or declared shall or may by any way or meanes be avoyded dissolved undone discontinued debarred altered determined or hindred to take effect according to the true meaning of these presents or whereby the same or any part or parcell thereof shall or may be charged or incombred otherwise then according to the terue intent of these presents and the same bargaine sale alienation discontinuance device conclusion agreement communication conveyance or assurance or any other open or Court matter thing or act shall attempt go about cause procure command or wittingly or willingly assent unto practise or suffer to be done or to be attempted practised or put in use by knowledging of any note or notes of or for any Fine or Fines to be levied or by knowledging of any Warrant or Warrants of Attorney for any Recovery or any Voucher to be had or pursued or by entring into any warranty or by knowledging of any Warrant for any such purpose or by purchasing of any Writ by any of their assents or agreements or by consenting unto or appearing unto any Writ of the aforesaid premises or any part thereof or by knowledging of any Deed or writing to be inrolled or by any other act or acts thing or things whatsoever whereby or by reason whereof any bargaine sale discontinuance alienation of forfeture of the premises or any part thereof may ensue or whereby any Estate us or possession of the premises or of any part thereof may not ought not or cannot come grow remaine descend and be in such manner and forme as before in these presents is limited expressed or declared and according to the true intent and meaning of these presents or whereby the said premises or any part or parcel thereof shall or may he charged or incumbred otherwise then according to the true intent of these presents That then and immediately fro 〈◊〉 and after every such time and times of such procurement attempt causing commanding willing assent practife â—â—proâ—nise or going about in manner and forme aforesaid and before any such bargaine sale discontinuance alienation forfeiture charge or incumbrance shall be had made perfected executed committed or done all and every use and uses Estate and Estates before in these presents limited to that person or persons which so shall attempt cause procure command or willingly or wittingly assent unto practise suffer or go about any such act or acts thing or things to be prosecuted executed or performend put in ure or gone about whereby or by reason whereof any bargaine sale discontinuance aleination conveyance assurance forfeiture change or incumbrance shall be had made or ensue contrary to the true intent of these presents of in and for such and so much of the said Barony c. tayled as aforesaid for which any of the things or matters aforesaid at any time or times shall be attempted gone about caused procured commanded assented practised or suffered to be executed performed made done practised or gone about to be done performed or put in ure contrary to the true meaning of these presents should cease and he utterly void only in respect and having regard to such person and persons so attempting procuring causing commanding willingly or wittingly assenting practising suffering or going about any act or acts thing or things aforesaid contrary to the effect and true intent of these presents And that then and from thenceforth the said Recoveries and Fines and every of them shall be and enure and the Recoverers and Congizees therein named and every of them and their and every of their Heires shall stand and be seized of every such parcel of the premises to the use of such person and persons and the Heires males of his and their bodies and body begotten and to be begotten to whom the same should be remaine or come aften the death of the person so attempting procuring causing commanding assenting practizing suffering or going about any act or acts thing or things aforesaid contrary to the effect and true meaning of these presents in like manner and forme and with such remainders over and with and under such limitations and conditions as the same use and uses Estate and Estates of the said person and person which shall so attemt cause command practise suffer goe about or assent to or for any such act or acts thing or things was subject unto before his or their said attempt That if Dame M.E. do disturb and of the Persons then her Estate shall be frustrate practrise going about or assent Provided also that if the said Dame M.E. or any of the Heires of her body at any time after the death of the said Sir R.B. and of the said several Sonnes of me the said Sir R.B. and the Heires males begotten on the several bodies of the said several Sonnes of me the said Sir R.B. shall wittingly or willingly disturb or interrupt or cause or procure to be disturbed or interrupted the said R.B. my Brother or any of the said several Sonnes of the body of the said R.B. or any Heire male of the sevaral bodies of the same sonnes lawfully begotten or to be begotten of the body of the said T.B. or any Heire male of the several bodies of the same Sonnes lawfully begotten or to be begotten being in possession of the said Barony and premises or of any part or parcel thereof or their or any of their Assignee or Assignes That then and immediately from and after every or any such disturbance or interruption all and every the use and uses Estate and Estates of every person or persons doing making committing causing or procuring such interruption or disturbance before in these presents to her him or them limited and appointed of in and for or to so much of the said premises wherein there shall be such disturbance or interruption made and commited caused or procured as is aforesaid shall cease and be utterly void to all intents constructions and purposes as if he or they had never been mentioned named or spoken of in these presents And that then and from thenceforth the said Recoveries and Fines and every of them
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
with divers special Covenants concerning the same and other uses to that intent THis INDENTVRE made c. Witnessesh that for and in consideration of a Marriage already agreed upon by the grace of God shortly to be had and solemnized between the said T P and M G Sister unto the said I G and in consideration of the sum of c. to be paid unto the said T P in preferment with the said M to the said marriage by the said I G well and truly contented and paid as hereafter by these presents is declared and appointed And for divers other good and reasonable causes respects and considerations the said parties serverally moving It is now Covenanted granted concluded condescended and agreed by and between the said parties and either of the said parties doth by these presents Covenant grant and agree for himself his Heirs c. to and with the other of the same parties his Heirs Executors and Administrators and every of them in manner and form and to the effect following viz. Firsth the said E P and T P do by these presents for them their Heirs c. grant covenant and promise and either of them for and by himself his Heirs c. doth grant c. to and with the said I G his Heirs Executors and Administrators That they the said E P and T P and either of them at all times hereafter and from time to time at and upon the reasonable request consts and charges in the Law of the said I G his Heirs c. shall and will make seal deliver acknowledge suffer perform perfect and execute unto such person or persons or his or their Heir as the said I G his Heirs c. shall nominate and appoint all and every such conveyances estates foeffements fines recoveries acts things writings demises and assurances in the Law in and upon all the capitall Messuages and Tenements with the appurtenances called c. situate c. and all the Lands Tenements Meadows Leasowes Pastures Woods Under-Woods Commons Rents Reversions Conditions and Hereditaments whatsoever to the same capitall Messuages in any wise belonging or now or at any time herefore let used occupied or enjoyed to or with the same or known reputed accepted or taken for or as part thereof And of in and upon all that capitall Messuage c. called c. and of and in and upon all that water corn milne cum pertinentiis commonly called or known by the name of c. and all Lands pools waters water-courses stagns ponds floud-gates streams profits maltures suit-commodities customes easments and emoluments to the same milne belonging or appertaining or to or with the said milne occupied or enjoyed and of in and upon all and singular those two several Messuages and Tenements with the appurtenances in c. commonly called by the several names of c. and all the Lands Tenements Cottages Meadowes Leasowes Woods Pastures and Hereditaments whatsoever cum pertinentiis to the said several Messuages or either of them severally belonging or in any wise appertaining or to and with the same Messuages or either of them now or at any time heretofore occupied used or enjoyed And of in and upon all those Messuages Lands Tenements and Hereditaments cum pertinentiis which the said E and T or either of them hath or at any time had in c. and which now be or late were in the several tenures possessions or occupations of c. or any of them or their Under-tenants or Assignes or the Under-tenant or Assignee of either of them And of in and upon all the tythes of corn grain and hay and all other tythes coming growing recruing and arising of and within c. and the same fields and grounds compassed c. And of in and upon all courts profits and perquisits of courts waifs strayes heriots reliefs roylties and all other profits and commodities of the same And of in and upon all other the Messuages Lands Tenemants and Hereditaments cum pertimentiis which the said E and T have or at any time had Habend ' to uses of or in any state of inheritance within or any of them To have and to hold the said Messuages Lands Tenements and Hereditaments and all other the premisses with the appurtenances unto the said person or persons to be named and appointed as aforesaid and his or their Heirs or Assignes to the uses behoofs purposes and intents and with upon and under the conditions provisoes liberties and limitations hereafter in these presents limited expressed set down appointed and declared by the said I G his c. or his or their Councel learned shall be reasonably devised advised framed or required so as the said E and T nor either of them shall not be compelled or driven to go or travel for the making acknowledging suffering or excuting of the said estates feoffements c. or any of them out of the County of c. And it is granted condescended concluded accorded determined and agreed by and between the said parties to these presents for them their Heirs c. That the said estates conveyances c. shall be and the said person or persons and his or their Heirs or Assignes shall stand and be seized of all and singular the said Messuages Lands Tenements and Hereditaments and all other the premises with the appurtenances to the several uses intents behoofs and purposes and with under and upon the conditions provisoes and limitations hereafter in these presents limited appointed specified expressed and declared and to none other use intent purpose or meaning That is to say that the said estates c. for touching and concerning theh said Messuages and Tenements cum pertinentiis called c. and the Demeasne Lands belonging thereunto and all Lands Meadowes c. ut supra occupied and used for as Demeasne Lands thereunto belonging and all Lands Meadowes and Pastures or to or with the same or either of them and for and touching the said several Messuages That it shall be to the use of T. P. and M. for a Joynture and to other uses Lands and Tenements with the appurtenances now or late in the several tenures possessions or occupations of c. shall be and the said person and person c. or his or their Heirs or Assigns shall stand and be thereof seized to the use and behoof of the said T P and of the said M for and during the term of their natural lives and the longer liver of them for and in the name of a Joynture to the same M. without impeachment of wast during the life of the said T P and after their decease to the use and behoof of the first son which the said T shall hereafter have of his body upon the body of the said M lawfully begotten and to the use and behoof of the Heirs of the body of the said first son lawfully issuing And for default of such issue to the use and behooof of c. And the said
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
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
Quit-rents issuing or going out of the before-mentioned premises or any part thereof In witnesse c. An Indenture of Lease with divers speciall Covenants in a very good Forme THis INDENTVRE made c. between c. Witnesseth Demise That the said P H for divers good causes c. Hath Demised c. unto the said W B his c. All that Easter most parcel of ground containing in length 13 foot c. or thereabouts and in bredth 18 foot or thereabouts set lying and being in c. in a certain place there called c. between the High way leading between the Court-house-row and the same row called c. on the North part and the rest of the bayes on the East and upon the High-way leading between the row called c. on the South and the ground of the said P H on the West and whereupon there is now standing certain Old buildings being used for Boothes together with free egresse ingresse and regresse in and to the same though all the Gates now used into the Cloth-fair Except and alwayes reserved out of this present Demise Exception Lease and Grant of the premises unto Sir H R of c. his Heires and Assignes during the continuance of these presents all and every such pipe or pipes of lead as now are or lye within the ground or soile of the said parcell of ground by these presents mentioned and intended to be Demised or which the said Sir H R his c. shall be pleased and think good to lay in the same parcell of ground together also with the layer of the said Pipes during the time aforesaid and also except and alwayes reserved unto the said Sir H R his c. free liberty of ingresse egresse and regresse to and for the said Sir H R his c. and to and for his and their Servants Labourers and Work-men with stuffe and other things necessary at all time and times and from time to time during the continuance of these presents so often as need shall require to come into or upon the premises or any part thereof and to break the ground and soile of the premises or any part thereof for the amending and repairing of all such pipe and pipes of lead as shall during the continuance of these presents happen to be in decay or need to be repaired the said ground to be made up again at the costs and charges of the said Sir H R. his Heires and Assignes To have and to hold c yeelding and paying Habendum c. the first payment thereof to be made at the Feast day of c. And if it happen the said yearly Rent of c. That then and from thenceforth it shall and may be lawfull to and for the said P H his c. into the above-demised premisses and every of them wholly to re-enter and the said W B his c. to expell remove and put out and the same to have again re-possesse and enjoy as in his former Estate This Indenture c. notwithstanding And the said W B for himselfe his c. doth Covenant and grant c. to and with the said P H his c. by these presents that he the said W B his c. shall and will at his and their owne proper costs and charges in all things make erect set up and finish or cause to be made c. before the Feast of c. upon the said ground and soile by these presents mentioned to be demised one good and substantiall building of timber brick A Covenant that W. B. shall build a faire House on the ground Demised or stone to be framed and made into one Tenement of three stories high besides the garret from the ground sills thereof to the razons the lower story thereof shall be nine foot high at the least the next story over that shall be eight foot high at the least and the third story to the razons shall be seven foot high at the least and shall jet the first and second stories the sommers joysts sparrs razons ground-sills and the timber thereof shall be as bigge in scantling and thicknesse at the least as those are which are in the building at the new Court-house which is now set standing and being in c. and shall and will make or cause to be made to every Roome thereof two Imbowed transome Windowes of Carpenters work brick or stone of six foot wide every Window at the least and shall and will glaze all the said Windowes and shall and will seele and proget all the floores over head with lyme and haire without any loame and shall and will sufficiently lath and proget with lyme and haire onely all the outsides of the said Buildings and shall and will make convenient Dormer-windowes to all the Garrets of the said Tenement and shall tyle over all the said Building and lay the tyles with lyme and sand and dry hang none and shall and will make convenient Doores hooks hinges locks and keyes to all the Roomes of the said Building and shall floare with Inch-board in all the floares and nayle them with eight peny nayles and make convenient chimnies with brick lyme and sand to the said Tenement and shall and will make one convenient celler throughout all the said Building and pave the celler with brick and a vault of brick for the said Tenement for a privy and the vault so to be carried up into the Garret of the said Tenement and shall and will pave with good stone half the allies or streets on both sides of the said building And that he shall repaire it and make it fit for a Subsidieâ—â—an to inhabit in And the said W B his c shall and will from time to time and at all times during the said term of c. when and as often as need shall require at his or their proper costs and charges repaire uphold maintaine and keep all the said Building and Tenement so erected and finished in and by all manner of necessary reparations and the Building and Tenement so repaired upholden and kept in good and sufficient reparations shall and will so leave and yield it up with all Doores Windowes Casements Locks and Keyes belonging to the said House well tyled and glazed and stone set at the end expiration and all and every other determination of this present Lease That it shall and may be lawfull as well to and for the said P H his c. as also to and for all others the Grantors or Leasors of the said Demised premises their Heires Executors Servants or Officers thereunto appointed to come into and upon the said Building and Tenement at his and their free-wills and pleasures to view the Decaies thereof and that the said W. B. his c. shall sufficiently amend and repaire the Decaies thereof within three moneths after notice given unto him his Executors c. of the Decaies thereof by the said P
c. to and with the said I E his c. by these presents That hee the said I C his Executors Administrators nor Assignes nor any other person or persons by his or their means or procurement shall at any time hereafter during the term hereby granted doe or procure or cause to be done any act or thing whatsoever whereby to prejudice or forfeit the estate right or title which the said I E hath and holdeth of and in the premisses or any part thereof And also that he the said I C his c. shall not at any time hereafter saw or cut any of the principal Timber posts or joysts of or belonging to the above letten premisses or any part thereof without the special license and consent of the said I E his c. first had and obtained in that behalf And likewise that hee the said I C his c. shall not at any time during the term aforesaid use or exercise the art of Brewing in the said demised premisses or in any part thereof And that hee shal bake in his own Oven and deliver all such houshold-stuffe as was delivered him And likewise that he the said I C his c. shall permit and suffer the said I E and one P W of c. their Executors Servants and Assignes to bake any bread or other things in the Oven in and belonging to the said demised premisses as often and when as need shall require during the said term without any let disturbance or contradiction of the said I C his c. And also that he the said I C his c. shall at the end of the said term or other sooner determination of this present Lease deliver or cause to be delivered unto the said I E his c. all such bedding houshold stuffe and other things which the said I E hath delivered unto the said I C at the ensealing and delivery to these presents and which he the said I E shall at any time or times hereafter during the continuance of this present Lease deliver or cause to be delivered unto the said I C. his Executors Servants or Assigns in as good state and condition as now they or any of them are reasonable use in the mean time only excepted And further That he may wash his clothes in the Kitchen that he the said I C his c. shall and will permit and suffer the said I E and the said P W their Executors Servants and Assignes to wash his and their clothes in the Kitchen or in some other convenient room belonging to the abovesaid demised premises once in every fortnight without any let or interruption of the said I C his A Covenant that I. C. may have the benefit of three rooms all the day c. And the said I E for himself his c. doth Covenant c. to and with the said I C his c. by these presents That he the said I C his c. paying the said c. the Covenant for peaceable enjoying And also that he the said I E his c. shall and will at all times hereafter and from time to time during the continuance of this present Lease peaceably and quietly permit and suffer the said I C his c. to have and enjoy the use and benefit of the two Parlours below the stairs and one Chamber over the Buttery above demised from time to time on the day time for his Guests to eat and drink in That is to say from the time that his Guests shall rise in the morning until they go to bed at night He the said I C his c. keeping the said rooms sweet and handsome and paying and allowing unto the said I E his c. all such summe and summes of money as shall from time to time grow due to be paid for Guests lodging in the said two Parlours and Chamber above specified at all times upon request to him the said I C his c by the said I E his c. to be therefore made Proviso for the rent Provided alwayes that if it shall happen the said yearly rent or summe of c. to be behind or unpaid in part or in all contrary to the form above limited for payment thereof being lawfully demanded at the said demised premises That then and from thenceforth it shall and may be lawful unto and for the said I E his c. into the said several rooms above-mentioned to be demised and into every or any part thereof in the name of the whole wholly to re enter and the same to have again retain enjoy and re-possesse as in his or their first and former estate or estates And the said I C his c. and all other Occupiers or Possessors of the said Demissed premises thereout and from thence utterly to expell put dot and amove this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding In witnesse c. An Indenture of Co-partnership between two Brewers penned by Councell THis INDENTVRE made c. between R J. of c. of the one part Whereas they are joyntly possessed of a Brew-house and other things and M. B. of c. of the other part Whereas the said R J and M B do stand joyntly interessed and possessed of and in one Messuage or Tenement with the appurtenances and of and in one Brew-house situate within c. late in the occupation of H B for divers years yet enduring and also of and in one Copper and divers and sundry Brewing-vessels Tons Goods Implements and Householdstuffe by vertue of one Indenture of Lease bearing date c. made between the said H B on the one part and the said R J and M B on the other part whereunpon the yearly Rent of c. is reserved to be paid which said Copper Tonnes Brewing vessels Goods Implements and houshold-stuffe are particularly expressed and specified in a Schedule or Inventory Indented to the said Indenture of Lease annexed And likewise and possessed and interessed of and in certain grounds stables hay-losts hog-sties and other rooms now used with the said Brewhouse as part and appertinent to the same for certain yeares also enduring by vertue of one other Lease to them made by the said H B bearing Date c. at the yearly Rent of c. As by the said two several Indentures of Lease whereunto relation being had more plainly may appear Witnesseth For the love affection they are agreed to be Co-partners that the said Parties to these presents for the love and affection which either of them hath and doth beare each of them to the other And to the intent and purpose that the same Parties may by Gods grace the better increase in stock and be the better inabled to maintaine themselves and their Families have concluded condescended and agreed together and by these presents do conclude condescend and agree to make between themselves as
be deceased then unto the Executors Administrators or Assignes of the deceased Co-partner the moyety of the aforesaid Messuages or Tenements and so much of the said whole part and portion of the said stock and gaines and of all and singular other the premises which are expressed or meant to be in Co-partnership as to any of the said Parties shall be due and appertaining or of right belonging for his part purport and portion of and in the same according to the true meaning of these presents defaulking and deducting first so much as shall and may satisfie the Debts which they the said Parties or any of them shall owe or be indebted for and in respect of the said partable trade or dealings and that the Survivor of the said Parties his Executors and Administrators shall do his and their best endeavour and endeavonrs to call and gather in all the Debts which were or shall be owing to the said Co-partners or any of them in respect of the said partable stock or trade and after defalcation made of so much either in goods stock money or otherwise as shall suffice to satisfie and pay the Debts which shall be then truly owing by them or either of them in respect of the said partable stock trade and dealings shall as the same Debts or any part thereof shall be had or received make payment of one half-part thereof necessary charges ensuing for the getting of the same deducted rebated and allowed to the Executors Administrators or Assignes of such of the same Partners as shall first happen to Decease And that the said Survivor his Executors and Administrators if it be requested of him or them for all the residue of debts and things whatsoever which are or shall be owing or belonging to them or any of them according to the true meaning of these presents in respect of the said intended Co-partnership whereof the Executors Administrators or Assignes of the said Co-partner first Deceased as is aforesaid shall not have had and received his and their part shall and will make and deliver to the Executors Administrators or Assignes of the first deceased Co-partner at his or their own proper costs and charges such assignment conveyance and assurance of such part thereof as to the Executors or Administrators of such Co-partner so first deceased in true meaning ought to belong as by the Executors Administrators or Assignes of the said first deceased Partner or the learned Councell in the Law of them or any of them shall be reasonably devised or advised A Covenant that all things shall be bought in both their names and that all Bonds shall be in both their names And moreover it is Govenanted granted and agreed by and between the said Patties to these presents That all such malt hops coales beere and other thing and things whatsoever which at any time or times hereafter shall be bought or sold used or imployed in or about the said Joynt trade or occupying shall be had and done by the Joynt consent of the said Parties if conveniently the same may be done and not otherwise And that all and every person and persons that shall hereafter become Debtor or Debtors or indebted to and for the said principall stock or for any part thereof or for any Beer or other thing that shall arise come grow or encrease thereby or be sold out of or for the same or the proceed thereof shall be made Debtors for the same to both the said parties to these presents according to the true meaning of these presents And that all Bonds Bills Assurances and sureties that shall be made or taken for any Beere debts or duties or any of them or of for or concerning the true or good service of any Clerk or Clerks or other servant or servants which shall be put in trust to serve in the affaires of the said Brew-house or trade of Co-partnership shall be made and taken to both the said parties and in both their names and shall be delivered and safely kept to both their uses and that neither of the said parties their Executors Administrators or Assignes without the consent of one of them to the other of them or without the consent of the Executors Administrators or Assignes of him that shall happen first to die shall make seal or deliver any acquittance or acquittances release or releases discharge or discharges whatsoever to any person or persons their Executors or Administrators which is or shall be Debtor or Debtors for the said whole stock or any part thereof or for any other money thereunto to be added or put or the encrease that thereupon or by means thereof shall arise come or grow of for or concerning any Bonds or assurances as aforesaid to be taken in the names of the said parties to the said partable use or for any thing appertaining or which shall appertain to the said Co-partnership whereby to defeat or defraud the other Co-partner his Executors or Administrators of his or their just part or of any part thereof or for any lesser or smaller summe or summes of money then the person or persons so indebted shall truly owe or stand charged to pay reasonable compositions and abatements of and for debts due or to be due owing or appertaining to the said parties in respect of their said Joynt trade or for leaking or returnes of Beer musty or naughty Beere and such like to be made without fraud or covin And no further disadvantage or profit of the one Co-partner his Executors or Administrators then of the other onely excepted but shall do his or their best endeavours for the recovery and getting in of the same and after the same so recovered shall deliver the moyety thereof all reasonable costs and charges deducted according to the true intent and meaning of these presents to the Executors Administrators or Assignes of the party deceased And finally A Covenant that if it happen they disagree betweene themselves then they shall refer the matter to four men and stand to their award for as much as the said parties to these presents are minded and intended to be Brewers and the knowledge of all matters concerning the said trade and mystery is best acquainted to Men of the said Trade they do Covenant conclude and agree together for them their Executors and Administrators by these presents That if at any time or times hereafter any controversie or debate shall happen to arise or grow between them for or touching the premises or any part thereof or any thing herein contained or specified That then and so often as any controversie shall happen the said Parties their Executors and Administrators and every of them shall shew the cause of their griefs before any Suit in Law shall be commenced touching the same unto foure honest discreet men whom they shall nominate appoint and make choice of to hear and determine such variances doubts and controversies as shall happen to fall between them and shall stand to
abide performe fulfill and keep all and every such award ordinance order finall end and judgment as in that behalf shall be set down by the said four men so to be nominated chosen and appointed by and between them to have the hearing and determination of such controversies so as they do order judge and give up their award thereupon in writing under their hands and seals within forty daies next after the same cause shall be to them shewed and committed And that they the said Copartners their Executors and Administrators shall not sue or complain elswhere for or touching the premises or any thing herein contained at any time or times hereafter so long as such foure men so to be nominated by the said Copartners shall be ready and willing to order and judg between them In witnesse c. An Indenture of Co-partnership betweene Pewterers THis INDENTVRE made c. Betweene A B of D. c. of the one party and F B of c. of the other party For the love he beareth to F B he hath put in a stock of 20 l. to be Partners for 31 years Witnesseth That whereas the said A B for and in respect of the love favour and good affection which he beareth unto the said F B and for his better preferment and advantage in his trade and profession hath before the ensealing and delivery hereof disbursed and delivered unto the said F B the summe of c. to be used laid out and imployed by the said F B in the said art trade or profession of a Pewterer in buying of Pewter and other things needfull to be used in or about the said art trade or profession of a Pewterer and in buying casting soldring vending and selling of all such wares goods and merchandizes incident to the said art trade or profession of a Pewterer as by the said A B and F B shall be thought meet and convenient in a shop or shed for that purpose to be made ready at the costs and charges of the said F B in or about the now Messuage Tenement or Yard of the said F B set and being in D aforesaid from the day of the date of these present Indentures unto the full end and term of 31 years from thence next ensuing and fully to be compleat and ended if the said F B do and shall so long live In consideration whereof the said F B for himself A Covenant that F B shall carefully imploy himself in the trade of a Pewterer his Executors Administrators and Assignes doth covenant grant and agree to and with the said A B his Executors Administrators and Assignes and to and with every of them by these presents in manner and forme following That is to say That he the said F B shall and will at all times hereafter and from time to time during the said terme of 31 years above mentioned if he the said F B shall so long live diligently and carefully imploy himselfe and do his best endeavour to be uttermost of his power and skil in and about the buying vending selling casting soldring and finishing of all such works wares goods and merchandizes as are incident or belonging to the Art Trade or Profession aforesaid And in doing executing and performing of every other thing which shall be necessary to be done and put in ure in and about or concerning the said Art Trade or Profession of a Peweterer And that the gaines shall he divided equally for the bringing in of gaines and as much as in him lyeth for the avoiding of losse And that all such gains profit and increase as shall come grow or arise or be had gotten or received by the said F B his Servants or Assignes by means or reason of using and exercising the said Trade or Profession of a Pewterer or by buying vending selling casting and soldring of Pewter new or old or any other goods wares or merchandizes belonging to the said Art Trade or Profession asoresaid shall be equally shared parted and divided in halves between the said parties their Executors and Assignes in such manner and forme as hereafter is mentioned that is to say The said A B his Executors or Assigns shall have and receive the one moiety or half part thereof and the said F B his c. shall have and receive the other moyety or half part thereof Whereupon for the more sure and effectual proceedings in the said affairs and businesses above specified to the most mutual benefit and advantage of the said parties to these presents their several Executors Administrators and Assignes Either of the same parties for himselfe A Covenant that neither of them shall take out any summe of money but they shall have the others consent and enter it into a Book and for his several Executors and Administrators respectively doth Covenant promise and grant to and with the other of them his c. by these presents in manner and form following that is to say That they nor neither of them shall not at any time or times during the said term of years above specified withdraw or take any summe or summes of money or other goods or merchandizes whatsoever out of or from the said stock of c. above mentioned or out of or from any sum or sums of money which shall be thereunto hereafter added or put without the consent and agreement of the other of them his Executors or Assignes first had and obtained in that behalf And that such of them as by such consent as is aforesaid shall at any time or times take any thing out of or from the said stock of c. or other summe or summes of money thereunto to be added or put or the proceed thereof shall immediately enter into a Book for that purpose to be kept the summe or quantity by him or them so taken out and the day and year when they took the same to the end that the other of the said parties his Executors of Assignes may take notice thereof And that all charges shall be equally paid between them And also that all such summe and summes of money as shall be from time to time hereafter during the terme of 31 years above-mentioned be laid out or disbursed by the said A B and F B or either of them or by either of their Executors or Assignes in about or concerning the buying and providing of coals or any other firing to be spent only in or about the trade or profession aforesaid And that all such charges and expences as shall be expended or laid forth in and about the keeping and maintaining of any servant or servants horse or horses to be imployed only about the Art Trade or Profession aforesaid for the equal benefit and advantage of the said parties to these presents their several Executors or Assignes shall be equally laid out and disbursed by and betweene the said A B and F B their Executors or Assignes part and portion like And
that all osses shall be qualâ—ly borne so that it be not by negligence of either of them And that all losses and damages which shall happen to come or grow either by evil or bad debtors or by any other casualty howsoever so as it be not by or through the wilful negligence or deceit of either of the said parties or of either of their Executors Administrators or Assignes And all taxations impositions and other duties to be charged or imposed upon the said parties or either of them or either of their Executors or Assignes by reason or meanes of this their joynt trade and dealing shall be equally and indifferently born paid and discharged by and between the said A B and F B their Executors or Assignes out of their several parts of the gaines and profits hereafter from time to time to be gotten by meanes of using the Art Trade or Profession aforesaid part and portion-like And likewise the said A B and F B and either of them A Covenant that they shall keep true Books of Accompts and reckon once a quarter and that all gaines shall be equally shared between them for himself his several Executors Administrators and Assignes respectively doth covenant promise grant and agree to and with the other of them his Executors Administrators and Assignes by these presents in form following that is to say That they and either of them shall and will so near as they may or can from time to time during the term of years above specified keep or cause to be kept true just and perfect Books of Accompt and reckonings in writing to the uttermost of their several knowledges of all the payments receipts and debts to and from then due or owing gains losses and all other things touching or concerning this their joint Trade and Dealings which Books shall be exâ—ant from time to time and at all convenient times for the said parties or their Assigns to peruse and examine at their and either or any of their free wills and pleasures And that once in every quarter of a year at the least during the said term above mentioned that is to say at the Feasts of c. or oftner if need shall be upon request to be made by the one of the said parties to the other of them in that behalfe They the said parties shall joyne in reckoning together and make and deliver up either of them to the other of them to the best of their several knowledge true plaine and perfect Accompt or Accompts in writings of for and concerning the said summe or stock of c. and all such other summe or summes of money as shall be thereunto hereafter added or put and of all other things in joynt Trade and Dealings between them and of all gains losses and debts to them due or owing and by and from them to be due and owing and of all receipts payments doings or dealings in or concerning their said joint trade and dealings without any voluntary concealment withdrawing or unjust detaining of any of the said principal stock or of any other summe or summes of money thereunto to be put or of any gains profit or commodity which should or in any wise ought to come to the equal uses of the said parties by the true meaning of these presents And that upon every such accompt and accompts so from time to time in form aforesaâ—d to be made and passed all cleare gaines profit and increase which shall be found upon the foot of any such Accompt or Accompts shal be immediately shared parted and divided into halvs between the said parties their Executors Administrators and Assigns that is to say The said A B his Executors or Assigns shall have and receive the one moyety or half part thereof and the said F B his Executors of Assignes shall have and receive the other moyety or half part thereof * A Covenant that if either of them dye because no advantage shal be taken by the Survivor then the gains and other things in joynt trading shall be to the Executors or Administrators of the Parties deceased as wel as if he had been living And it is further accorded and agreed by and between the said A B and F B and either of them severally and respectively covenanteth granteth and agreeth for himself his several Executors and Administrators to and with the other of them his Executors Administrators and Assignes That if it shall fortune either of the said parties to dye or decease during the term of years above specified before any separation or division shall bee made between them of their said joint dealing the other of them surviving that in such case no advantage by the Survivor of the said parties his Executors or Administrators in right or in respect of his Survivorship shall hold or take place or be by him or them taken challenged or demanded But that such part and portion of in and to the said principal stock and the gaines and increase thereof which is or shall be due or belonging to such party of the said parties so deceasing at the time of his death shall come and be paid to the Executors Administrators or Assigns of the said deceased party in such like and so large ample and beneficial manner and form as the same should or ought to have growne due or been paid or satisfied unto the said deceased party himselfe if he had been living at the time of the surceasing or determination of these presents And the said F B for himselfe c. doth covenant A Covenant that F B shall deal truly and shall not take any wares upon trust nor shall not trust out any thing without consent 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 F B shall and will at all times hereafter and from time to time during the said term of years above specified deal uprightly faithfully and truely with the said A B his Executors and Assignes in all respects touching and concerning the using and exercising of the Art Trade or Profession aforesaid And further that he the said F B shall not at any time or times hereafter during the term of yeares before specified take up of credit or for time any Goods Wares or Merchandizes to be used or imployed in or about the said Art Trade or Profession of a Pewterer without the consent and agreement of the said A B his Executors Administrators and Assignes first had and obtained in that behalf Neither that he the said F B or his Assignes shall at any time or times hereafter during the term of years aforesaid lend or credit out to any person or persons whatsoever any Wares Goods or Merchandizes which shall be incident to the said Art Trade or Profession of a Pewterer and which shall be belonging to their said joynt dealings without the like consent and agreement of the said A B his
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
of a Beacon upon c. thereby to give light unto all Ships as well strangers as others in the night time whereby many dangers of Shipwrack may be avoided and many mens lives preserved And also for the obtaining and getting of a certain yearly pension to be granted unto them by c. out of every Ship Hoy and other Vessels as well strangers as English and have a rate assessed and set down what every Ship Hoy or other Vessel shall give allow and pay unto them upon every Voyage as well outwards as inwards bound towards the maintenance of the same Beacon and light Now know ye that it is Covenanted granted concluded Covenanted that R B shall do his best endeavour in geting of the said Letters-patents and a rate to be assessed upon every Ship and not to do any thing whereby to hinder or make void the said F B of or in the obtaining of the said suit condescended and mutually agreed upon by and between the said Parties to these presents and the said R B for himself his Executors c. doth Covenant promise and grant c. That he the said R B shall and will labour and travell and use all the best means that possibly he the said R B as well by himself as by his Friends can or may for the procuring and obtaining of Letters patents to be granted from c. unto them the said F and R for the erecting and setting up of a Beacon upon c. and for a rate to be assessed upon every Ship Hoy and Vessel what every Ship Hoy and Vessel shall pay them upon every Voyage to be obtained shall be passed by Letters-patents under the Great Seal of England in the names of the said R B and F B after the best and surest manner that by learned Councel in the Law on both Parties equally to be chosen between them shall be devised or advised And that he the said R B not any other person persons by his meanes notice practice or procurement shall not directly nor indirectly practice procure or use any meanes to hinder or make void the said F. B. of or in the abtaining of the said suit * And also that all writings petitions and assurances that shall be made concerning the said Letters-patents shall be effectually made and passed joyntly to them the said R and F. And further that all writings Petitions and assurances whatsoever which at any time or times hereafter shall be made drawne or passed touching or concerning the suit to the effect above-expressed to be preferred unto his c. and for the enjoying of such Grant as c. shall make and passe concerning the erecting and setting up of a Beacon upon c. aforesaid shall be effectually granted made and passed joyntly to them the said R and F. and in both their names without any fraud or deceit * Covenant that F B shall not use any means by himself or any other person to hinder the said R B in procuring or obtaining the said suit And further the said F. B. for him his c. doth Covenant promise and grant c. That he the said F B nor any other person or persons by his meanes or procurement shall at any time hereafter cause or use any meanes by himselfe or any of his Friends or Acquaintance whereby to frustrate or hinder the said R B in the procuring or obtaining or getting of the aforesaid suit to be preferred to c. so farre forth as the said R. shall deal justly faithfully and truly with the said F. in all his and their proceedings to procure obtaine and get the same without giving any notice or knowledge thereof or of their or any of their intents concerning the substance of the same suit †Covenanted and agreed betweene the said Parties and their Executors that they shall deal faithfully with each other in all things held by them in Letters-patent and that the said Parties shall make privy the one of them to the other of their proceedings in the said suit without concealing any thing the one from the other And furthermore it is Covenanted granted concluded and mutually agreed upon by and betweene the said F B and R B. and either of them for himselfe his c. doth Covenant and grant to and with the other of them his c. by these presents That either of the said Parties their Executors and Assignes shall and will deale justly faithfully and truly one of them with the other of them his c. in all things which shall be holden and granted by Letters-patents under the Great Seal of England from c. unto them concerning the aforesaid suit to the preferred unto him And that either of the said Parties upon request to be made by the one of them to the other of them shall and will make privy †And all such money as shall be assessed and paid for the maintenance thereof shall be to the equal benefit of the said Parties and all chargâ— that shall aâ—â—â—â— in the maintenance of the said Beacon shall be equally born between them and also shall give to each other a true and just accompt of all such sums of money which shall be from time to time received during the continuance of the said Letters-patents and all such moneyes as shall appear by the said accompts to be received Charges to be deducted shall be equally divided between them the one of them to the other of them all his and their dealings and proceedings in and about their said suit without concealing any part of their dealings concerning the said suit which had and shall be passed under the Great Seale * And further that after such time as the Grant from c. shall be had and obtained for the Beacon to be erected upon c. aforesaid All such summe and summes of money as c. shall assesse and grant to be paid for the maintenance thereof shall enure and be to the equall benefit and advantage of both the said Parties their Executors c. part and part alike And also that all such expences payments and charges as shall be from time to time hereafter expended disbursed and laid forth in and about the erecting repairing and maintaining of the said Beacon and for the light to be used shall be equally expended disbursed paid and laid forth by and betweene the said Parties their c. part and part alike And that the said Parties their c. shall and will from time to time hereafter upon reasonable request to be made by the one of them to the other of them not onely make yeeld and give up one of them to the other of them a true plain just and perfect accompt and reckoning of and for all such summe and summes of money which shall be from time to time during the continuance or force of the said Grant to be passed by his Majesty if any happen to be But also upon such
And of and in the repairing and amending of all Breaches and Invasions of Waters and of and in all other Water-works and of and in all gaines profit and increase which shall or may accrew be gotten grow due or arise touching or concerning the same Art Trade Science or Mystery or any other thing or things thereunto incident from the day of the date hereof during and until the full end and terme of c. from thence c. if the said C shall so long live A stock of money for that purpose put by W P into the hands of C G And to that end and purpose the said W P hath imployed into the hands and custody of the said C G at the ensealing and delivery hereof 60 l. of c. as a stock by him the said C to be from time to time during the continuance of this Co-partnership imployed in the said joynt Trade or Mystery That all profit that shall arise shall be equally divided between them And therefore it is mutually covenanted granted and agreed by and between the same parties and either of them for himself his c. doth covenant and grant to and with the other of them his c. by these presents That all and singular the gaines profit and increase which shall or may accrew be gotten arise grow due or increase in or by the same joynt Trade Art Science or Mystery and in and by all Letters-patents Commissions and Licenses to be granted by or from c or the Lords Commissioners of the Admiralty of E. or any others unto the said C G for or touching the said Trade c. or any thing touching or concerning the same shall be equally distributed and divided unto and between both the same parties their c. part and portion like that is to say The one moyety or half part thereof shall be and remaine unto the said C G his c. and the other moyety or halfe part thereof unto the said W P his c. * And that all charges whatsoever shall be equally borne between them And that all and singular the charges of Work-manship and finding of Messengers between the same parties and all other charges touching or concerning the same Co-partnership shall during the continuance of the same Co-partnership be equally borne and paid by and between both the same parties their part and portion like †C Covenanteth during the said Co-partnership wholly to imploy himself and his endeavour to the best benefit of this Co-partnership and also from time to time to give a just accompt to W P touching the said co-partnership of the gains benefit to be due And the said C G for himself c. That he the said C G shall and will from the day of the date hereof alwayes and from time to time at meet and convenient times during the said Co-partnership wholly apply and imploy himselfe and do his best endeavour to advance the benefit of this Co-partnership And also shall and will upon every reasonable request in that behalfe to be from time to time made well and truly accompt with and a true reckoning make unto the said W P his c. of and for all the doings receipts and dealings of the said C his c. of in and by the said joynt trade c. and all things touching or concerning the said Co-partnership and the part and portion of the gaines or benefit to be from time to time due unto the said W P his c. shall and will truly pay to the said W P his c. without fraud or covin * And at the end of the said term the said C G will render the moyety or half part of all the instruments imployed unto the said W P then left and remaining And further That in the end of the said term of c. or upon reasonable request next after any sooner dissolution of this Co-partnership that is to say in which of the said dayes or times shall first or next happen to come or be hee the said C his c. shall and will well and truly deliver or cause c. unto the said W P his c. the one moiety or half part of all and singular such instruments as shall be imployed in this Co-partnership and then left and reserved †And at the end of the said term aforesaid or within the space of c. will render the full residue of the said stock put in by W P. And also in the end of the said term of c. or within the time and space of c. next after any sooner dissolution of this Co-partnership That is to say in which of the same dayes shall first or next happen to come or be shall truly pay unto the said W P his c. the full residue of the abovesaid stock or summe of c. so in hand reposed into the custody of the said C G at the ensealing and delivery hereof as abovesaid * A Covenant for Survivorship And it is mutually covenanted c. That if it shall happen either of them the said parties to dye or decease the Covenant for Survivorship And that neither of them the said parties his c. shall at any time hereafter without the special License and consent of the other of them his c. acquit or discharge any person or persons which shall be indebted unto this Co-partnership for any lesse summe or summes of money then shall be duly owing †A Covenant that if any contract or other assurance hereafter shall be made or given touching the said Joint trade shall be made in the names of both the copartners And furthermore it is mutually covenanted c. That all Covenants Contracts Obligations and other Assurances whatsoever which shall at any time hereafter be made taken or given touching or concerning the said joynt trade or any matter or thing thereto incident shal be made and done in the names of both the said Co-partners In witnesse c. An Indenture of Co-partnership between Promooters in a very good form THis INDENTVRE made c. betweene c. Witnesseth That it is covenanted condescended concluded and agreed by and between the said parties in manner and forme following viz. That the said R and I shall and will be and continue Partners together concerning the matters hereunder mentioned from the day of the date of these presents during the space of c. from thence next and immediately ensuing c. if the said R and I shall so long naturally live in this world And first Covenanteth to put all informations against any person or persons transgressing any the Laws and Statutes in the said Courts of c. the said R Covenanteth by these presents c. That he the said R shall and will put and exhibit into any and every of the Courts of Records as due occasion shall serve all and every such information and informations
Timber-trees Underwoods and Hereditaments and the said estate term and interest of him the said T G of and in the same and all other the premisses by these presents mentioned to be granted bargained sold or assigned and every part and parcell thereof at the ensealing of these presents are and be and so at all times hereafter during the residue of the said term of c. by course of time now to come and unexpired shall continue and be unto the said T G his c. clear and free and clearly acquitted exonerated and discharged or by the said T G his Executors c. sufficiently saved and kept harmlesse of and from all and singular former bargains sales grants surrenders arrerages of Rents cause and causes of forfeiture and re-entry and of and from all other troubles charges and incombrances whatsoever had made committed done or wittingly suffered or assented unto by the said T G before the ensealing and delivery of these presents the yearly Rents Covenants charges and agreements in the said recited Indenture of Lease reserved or mentioned on the Leassees or Tenants part hereafter to grow due to be paid done and performed according to the purport and true meaning of the said Indenture of Lease alwayes excepted and foreprized In witnesse c. An Assignment Tythes in a very good forme THis INDENTVRE made c. Between Sir E G of c. Knight T S of c. and E B of c. of the one part and F C of c. and W B of c. of the other part Witnesseth That the said T S and E B by and with the consent and at the request of the said Sir E G and for and in consideration of a competent summe of c. to them the said T S and E B in hand at and before the ensealing and delivery of these presents by the said F C and W B well and truly paid whereof and wherewith they the said Sir E G T S and E B acknowledge themselves fully satisfied and paid and thereof and of every part and parcell thereof do clearly acquit and discharge the said F C and W B. Have granted Grant bargained and sold and by these presents for them and their Heirs do fully clearly and absolutely grant c. unto the said F C and W B their Heirs and Assigns for ever All those their Tythes of G alias C and V and in either or any of them in the County of Worcest to the late Monastery of P in the said Country of W lately dissolved sometimes belonging and appertaining and parcell of the possessions of the said late Monastery sometimes being And also all and singular houses edifices buildings barnes stables lands tenements wayes pathes passages waft commons tythes of corn grain sheaf and hay wooll lamb flax hemp and all other tythes whatsoever as well great as small oblations obventions fruits profits rents reversions services rights jurisdictions franchises priviledges commodities advantages emoluments and hereditaments whatsoever with their appurtenances whatsoever of what nature or kind soever they be or by whatsoever names they are known named or called situate lying and being comming growing or renewing within the Hamlets or fields of c. aforesaid or in either or any of them to the said tythes of C and V aforesaid or either of them or to any part or parcell thereof belonging or in any wise appertaining and the reversion and reversions remainder and remained whatsoever of all and singular the same tythes and other the premises in G c. aforesaid and of every part and parcell thereof and the Rent and yearly profits whatsoever of all and singular the same premises and of every part and parcell thereof as fully freely and wholly and in as large and ample manner and form as c. by his Letters-patents under the Great Seal of England bearing date at Westm the c. Did give and grant the said tythes and other the premises hereby mentioned meant or intended to be granted bargained and sold and every parcell thereof with the appurtenances amongst other things unto the Right Honourable G. c. H I c. T R c. their Heirs and Assignes in Fee Farme for ever and as fully freely and wholly and in as large and ample manner and form as the said G H and T by their Indenture of bargain and sale dated c. and inrolled in the high Court of Chancery did grant bargain and sell the same tythes and other the premises with the appurtenances unto the said T S and E B their Heirs and Assigns for ever Except notwithstanding Exception and out of this present grant bargain and sale alwayes reserved the Rectory of A. with the appurtenances in the said County of Worcester and all and all manner of tythes whatsoever in A aforesaid with the appurtenances heretofore granted bargained and sold by the said T S and E B unto c. their Heires and Assignes in Fee Farm for ever by Indenture Dated c. To have and to hold the said tythes of G c. Habend aforesaid and all and singular other the premises herein before mentioned meant or intended to be hereby granted bargained and sold and every part and parcell thereof with the appurtenances except before excepted unto the said F C and W B their Heirs and Assigns to the onely proper use and behoofe of them the said F C and W B their Heirs and Assignes for ever to be holden of the said c. as of the Manour of East-Green-with in the County of Kent by fealty only in free and common socage Reddend and not in chief nor by Knights service Yielding and paying yearly unto c. for the premises with the appurtenances in G. c. aforesaid in the said County of Worcest 2 s and 6 ds of c. at the receipt of the Exchequer at Westm ' or to the hands of the Bailiffs or Receivers of the premises for the time being at the Feasts of c. by even and equal portions to be paid for ever And the said c Covenant for peaceable enjoying do covenant c. to and with the said c. his c. That they the said c. their Heirs and Assigns and every of them shal or lawfully may at all times hereafter and from time to time peaceably and quietly have hold use occupy possess and enjoy the said Tythes and all other the premises with the appurtenances in G c. aforesaid and every parcel thereof except before excepted without any let trouble interruption eviction denyal or disturbance of c. their heires or Assigns or of any other person or persons lawfully claiming in by from or under him them or any of them or by his their or any of their act means consent or procurement free clear and clearly acquitted exonerated discharged saved or kept harmless of and from all former or other bargains sales gifts grants leases assignments morgages surrenders
above-rehearsed and all and every sum and sums of money in the said Obligation and Condition therein contained and all his estate right title interest property remedy profit advantage claim and demand of in and to the same and every part thereof to the onely use and behoof of the said T.M. his Executors Administrators and Assigns for ever And for the better recovery and enjoying of the premises the said R.VV. hath assigned made ordained deputed and in his place and stead and by these presents doth assign ordain constitute and make the said T. M. his Executors and Assignes his true and lawful Atturney and Atturneys irrevokable for and in the name or names of the said R.VV. his Executors or Administrators but neverthelesse to and for the onely use and behoof of the said T. M. his Executors and Assigns to sue for ask leavy recover demand and receive of the said L. B. his Heires Executors or Administrators all and every such summe and summes of money whatsoever as are due and payable unto the said R.VV. or which shall or may be lawfully had or received by the said R. VV. his Executors or Administrators upon or by force vertue or means of the Obligation aforesaid or by reason force or means of any lawful action suit processe judgment execution or proceeding thereupon hereafter to be commenced attempted prosecuted obtained or had in any manner of wise Giving and by these presents granting unto the said T.M. his full power and lawful authority touching the premises for and in the name or names of him the said R. VV. his Excecutors or Administrators by all lawful waies and means whatsoever to the use aforesaid to do say sue implead prosecute pursue seize sequester arrest attach imprison and to condemn and out of Prison to deliver and to reckon receive compound agree release acquit and discharge one Atturney or moe under him or them to substitute and make and at his or their pleasure the same to revoke And further to do follow execute end and determine all and every other act and acts thing and things whatsoever that shall be meet needful and requisite to be had made or done in or about the recovery receipt or execution of the premises as amply in every respect as the said R.VV. his Executors or Administrators or any of them might or could do if the said R.VV. his Executors or Administrators were thereat from time to time present and did the same personally And whatsoever the said T. M. his Executors Substitutes or Assignes or any of them shall lawfully do or cause or procure to be done in or about the premises to the use aforesaid he the said R. VV. his Executors and Administrators do and will ratifie confirm and allow the same irrevokable by these presents And the said R. W. for him his Executors and Administrators doth c. in form following That the said R. W. shall not revoke the said Letter of Atturney nor any power thereby given viz. That neither he the said R. W. his Executors or Administrators nor any of them shall or will at any time hereafter revoke recall frustrate or make void this present writing or Letter of Atturney or any power authority or Atturneyship herein or hereby given or granted in any manner of wise And that neither he the said R.VV. his Executors or Administrators or any of them shall or will at any time hereafter do commit or willingly suffer to be done any act deed or thing either by non suit retraxit release or otherwise whereby or by means whereof the said T. M. his Executors or Assigns shall be hindred letted debarâ—ed or delayed in or from the recovery receiving getting in or obtaining of the said premises or any part thereof contrary to the true meaning of these presents But that he the said R. W. That the said R. W. shall justifie any act lawfully done by the said T. in the recovering of the said debt his Executors and Administrators shall and will justifie and maintain with effect all and every lawful action suit processe and proceeding which shall be lawfully attempted prosecuted or proceeded in by the said T. his Executors or Assignes for the recovery or obtaining of the said premises or any part thereof And that he the said T. M. his Executors and Assigns shall and may lawfully sue for recover obtain and enjoy the said premises according to the intent and true meaning of these presents without any let denial or interruption of or by him the said R.VV. his Executors or Administrators or any of them or any other Person or Persons by or through their or any of their consent means or procurement and without any accompt or reckoning therefore or for any part thereof to the said R.W. his Executors or Administrators or any of them to be made yielded or given And further And that the said R.W. at the request of the said T.M. and at the cost of the said T. M. shall make and perform any other act and thing that shall be needfull for the recovery of the said debt That he the said R.VV. his Executors and Administrators shall and will at any time hereafter upon the reasonable request and at the costs and charges in the Law of the said T. M. his Executors and Assign do make execute and perform all and every such further act or acts deed or deeds thing or things be it by making any further Letter or Letters of Atturney or otherwise for the better enabling of the said T. M. his Executors and Assignes in and for the recovery obtaining and enjoying of the premises to his or their own use and uses as aforesaid according to the tenour and true meaning of these presents as by the said T. M. his Executors or Assigns or his or their Councel learned in the Law shall be lawfully and reasonably advised devised and required And the said T.M. for him his c. That be the said T.M. his Executors or Administrators shall will acquit discharge or otherwise save or keep harmlesse or suffiently recompence the said R.VV. his Executors or Administrators and every of them of and from all losses and damages whatsoever which shall at any time or times hereafter happen to be had recovered or obtained against the said R. W. his Executors or Administrators for by reason or in respect of any suit or suits hereafter to be prosecuted or pursued in the name or names of the said R. his Executors or Administrators or any of them upon the Obligation before recited in any manner of wise ¶ In witnesse c. ¶ An Indenture of Asignment of part of a House and Land and other Covenants there inserted Penn's by R. Mason Esquire THis INDENTVRE made c. Between c. witnesseth That whereas the said I. L. by the name of I. L. of c. Yeoman by Indenture of Lease bearing date c. Hath demised Demise granted betaken and to farm-letten unto H. S. of
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
be in his charge and custody in the right of the said Church at the time of such accompt delivered up that then this Obligation shall be void c. ¶ An Annuity to be taken and receeived after the death of him that granteth that which is upon trust for a womans use Penn'd by Robert Mason Esquire THis INDENTVRE made c. Between c. Witnesseth That the said T.G. the elden for divers good and reasonable causes and considerations him thereunto moving Hath given granted and confirmed The Grant and by these presents doth c. unto the said R.G. and H.C. one annuity or yearly rent of c. issuing and going our of all and singular the Lands Tenements and Hereditaments being free-hold of the said T.G. scituate lying and being in c. To have take Habend ' receive and enjoy the said annuity or yearly rent of c. to the said R.G. and H.C. their Executors c. from and after the decease of the said T.G. for and during all the term of the natural life of D.G. Wise of T.G. they younger of c. Gentleman aforesaid after the decease of the said T.G. the elder the said annuity or yearly rent of 6 l. to be paid yearly during the said term at the Feasts of c. or within 28 dayes next after either of the said Feasts by even portions at or in c. And the first payment of the said annuity or yearly rent to be made at such of the said Feasts as shall first and next happen after the decease of the said T.G. the elder or within 28 dayes then next following which said annuity or yearly rent of 6 l. the said T.G. the elder hath given granted and confirmed to the said R.G. and H.C. as aforesaid upon speciall trust and confidence that they the said R.G. and H.C. their Executors c. Limitation of the use shall from time to time as they or any of them shall have received the said annuity or yearly rent or any part thereof in form aforesaid pay and deliver over the said annyity or yearly rent and every part thereof to the said D. G. to her own proper hands and to her own proper use for and during the term of her natural life And the said T. G. the elder for him his Heirs c. doth Covenant c. to and with the said R.G. and H.C. and either of them their Executors c. by these presents That if it shall happen the said annuity or yearly rent of 61. or any part or parcel thereof Distresse for non-payment to be behind and unpaid contrary to the purport and true meaning of these presents being lawfully asked at the above-mentioned Mansion-house That then and from thenceforth it shall and may be lawful to and for the said R. G. and H. C. their Executors c. into all and singular the said Lands c. or any part thereof to enter and distrein and the distresse and distresses there taken lawfully to lead bear drive and carry away and the same with them or any of them to retain and keep to the use of the said D. untill the said annuity and the arrearages thereof if any be shall be unto the said H. C. and R. G. their c. to the use of the said D. A Covenant to make further estates fully satisfied and paid And moreover the said T.G. the elder for him c. and for every of them doth Covenant c. to and with the said R.G. and H. C. their c. by these presents That he the said T. G. the elder and his Heires shall at all times hereafter and from time to time during the space of c. next coming after the date of these presents upon every reasonable request and at the costs in all things of the said D. R. G. and H C. or some of them do make knowledge and execute or cause to be done c. all and every such act and acts assurance and assurances for the further and more better assurance surety and sure making of the said annuity or yearly rent of 61. to the said D. or to her use for and during the term of her natural life after the decease of the said T. G. the elder as by the said D. R. G. and H.C. or any of them their or any of their Councel learned in the Law shall be reasonably devised of advised and required ¶ In witnesse c. ¶ An Annuity made to the use of the poor People in certain Parishes Penn'd by Councel TO all People to whom this present Writing shall come I. C. of c. send greeting in c. Know ye that I the said I.C. of mine own good will benevolence and meer motion for and towards the relief and maintenance of the poor People which for the time hereafter being shall inhabite and dwell in the several Parishes of c. in the County of B. Have given and granted and by this my present Writing indented do give c. unto I.C. R.C. and T.T. of H. aforesaid Yeomen and unto H.S. and R.B. of H. aforesaid Husbandmen and R.F.W.S. I.B. c. of L. aforesaid Yeomen one annuity or yearly rent of c. to be yearly issuing going our bad and taken of all those my two Messuages or Tenements Shops Cellers Sollers Ware-houses Edifices Buildings Hereditaments and Appurtenances set lying and being at nigh or upon Fresh-Wharfe in or near c. now in the several tenures and occupations of c. and their Assignes To have leavy receive Habend perceive and yearly take the aforesaid annuity or yearly rent of 51. unto the said c. their Heirs and Assignes from and after the decease of me the said I C. for ever Limitation of the use at two Feasts or Terms in the year viz. at the Feasts of c. or within c. next after every of the same Feasts by even portions to the use and behoof and to be bestowed imployed and disbursed in manner and form following viz. on the first Sunday which shall first and next happen and come after the first payment and receipt of the said annuity or yearly rent or of any part or parcel thereof the sum of c. thereof to be bestowed in good and wholsom penny wheaten bread and the same bread to be equally distributed and given to 24 of the poorest Inhabitants of the aforesaid Parishes of c. for the time being at the discretion of the Church-wardens and some of the ancient Inhabitants of the aforesaid Parishes of c. viz. to every of the said Parishes 12 d. and on the Sunday then next and immediately ensuing the aforesaid first Sunday the like sum of 2 s. of the said annuity or yearly rent to be likewise bestowed in good c. â—st supra And so in like manner for ever the sum of 2 s. to be bestowed in bread as aforesaid And the same 2 s. in bread to be
given and distributed to 24 of the said Inhabitants of the said two Parishes as aforesaid orderly and indifferently viz. to either of the said Parishes 12 d. in bread Distresse for non-payment in form as is above declared And if it shall happen the said annuity or yearly rent of c. to be behind unpaid in part or in all after any Term or Feast of payment thereof aforesaid in which the same ought to be paid by the space of c. being lawfully demanded at c. by the said c. or any of them or by their or any of their Heires or Assigns or by any other Person or Persons by them or any of them lawfully authorized in that behalf That then and from thenceforth and so often it shall be lawful to and for the said c. their Heirs c. or any of them into all and singular the said two Messuages or Tenements and other the premises or any part or parcel thereof to enter and distrain and the distresse or distresses then and there bad and taken lawfully to lead bear drive and carry away detain and keep untill they or some of them of the said annuity c. being behind and unpaid and the arrearages thereof if any be and of their costs and charges in that behalf to be reasonably expended and disbursed shall be fully satisfied contented and paid And further know ye That none of bad living shall receive any of this annuity that the intent and meaning of me the said I.C. and of these presents is That no Person or Persons being a Blasphemer of Gods holy Name and open or notorious evil Liver shall be allowed of or admitted to have any part or parcel of the aforesaid weekly payments in bread any thing Church-Wardens c. And therefore I do by these presents require and straightly charge the Church-Wardens and Inhabitants of the said two several Parishes for the time being that they so much as they may see that my good meaning herein be not in any wife frustrated or defrauded And lastly know ye When all the Feoffees are dead saving four the Survivors shall assure the same to others that the will intent and meaning of me the said I. C. and of these presents is That from time to time for ever within c. next after the aforesaid Persons to whom I have by these presents granted the aforesaid annuity or yearly rent of c. to the uses aforesaid their or any of their Assigns or Grantees thereof shall be all deceased save four that those four surviving shall grant and assign over by due form of Law the aforesaid annuity or yearly rent and their estate and interest therein to ten or twelve others of the honest and most substantial Inhabitants of the said Parishes of c. for the time being and their Heirs for ever to the use and intent before by me mentioned and declared whereof five or six be Inhabitants of the one of the said Parishes and the residue and so many of the other Parish And my will So often as the said Feoffees die the said Grant shall be revived intent and meaning is and so I require the same That in the same Grant and Assignment so to be made by the said Survivors of the said Grantees that this my present Gift and Grant and my full and whole intent and meaning herein shall be briefly and summarily recited and of and in that manner I will the said yearly rent to be granted and conveyed from time to time for ever hereafter as often as all the Grantees of the same annuity or yearly rent for the time being shall be deceased And I do futher friendly require and straightly charge the said c. their Heires and Assignes The Feoffeces charge that they perform likewise and further my intent and trus meaning in the premises as much as in them shall lye as they will answer the same before the Judgment-Seat of Almighty God at the dreadful day of Judgment ¶ In witnesse whereof to every part of these tripartite Indentures as well I the said I.C. and c. as the said I.C. c. have set to our hands and seales the c. and in the c. whereof one part of the said Indentures remain and be safely kept in the Parish Church of H. aforesaid for ever by the Church-Wardens of the Aforesaid Parish Church for the time hereafter being to the use aforesaid and one other of the said parts of the said Indentures to remain and be safely kept in the Parish-Church of L. aforesaid by the c. ut supra And the third part of the same Indentures to remain to me and mine Heires for ever ¶ A Grant of an Annuity THis INDENTVRE made c. Between A. B. of S. in the County of C. Esquire of the one part and A.R. of London Widow the relict of T.R. late of B. in the Parish of N. in the said County of C. deceased of the other part Witnesseth In consideration of a Surrender of a Lease of 21. yeares and in consideration of 200 l. in hand paid at the ensealing hereof and for and in consideration of a perfect assurance to be made of an Annuity of 50 l. per annum in lieu of a Dowry for the natural life of A.R. and for divers other considerations That the said A.B. for and in consideration of a Surrender to be made by the said A.R. unto the said A.B. of one Lease for the term of one and twenty years heretofore made by the said A. B. to the said A. R. of the capital Messuage called B. and or certain Lands to the same belonging lying in the Parish of L. in the said County of C. And for and in consideration of the sum of two hundred pounds of lawfull money of England to the said A. B. in hand paid before the ensealing and delivery of these presents by the said A. R. whereof and wherewith the said A. B. acknowledgeth himself to be fully satisfied contented and paid and thereof and of every part and parcel thereof doth fully clearly and absolutely exonerate acquit and discharge the said A.R. her Executors Administrators and Assignes and every of them by these presents And for and in confideration of a good and perfect Assurance and Estate to be made by the said A.B. to the said A. R. of one Annuity or Rent-charge of fifty pounds by the year to continue for and during the natural life of the said A.R. instead and lieu of her Dowry of in and to the Manour of D. in the said County of C. And for divers other good causes and considerations the said A. B. thereunto especially moving †Grant of the 50 l. per ann to A.R. out of the Manour of S. with all the rights members and appurtenances thereunto belonging to the said Manour or Lordship of S. aforesaid and out of all other Manours or Lordships belonging to
and seales To one other part of the said Indentures remaining with the said H. B. and A. S. the said Sir W. B. and N. S. have set their hands and seales And to one other part of the same Indentures remaining with the said Sir W. B. the said N. S. H. B. and A. S. have set their hands and seales Given the Day and Year first above writen c. ¶ An Indenture of Covenants to levy a Fine and suffer a Recovery for increase of a Joynture THis INDENTVRE quadrupartice made c. Between Sir W. B. of D. in the County of B. Knight Lady Mary his Wife and H. B. Esquire their Son and Heir apparent of the first party N. S. of London Esquire of the second party Sir H. M. of Little E. in the County of E. Knight W. G. of VVestm in the County of M. Esquire R. B. Citizen and Grocer of L.VV.G. and J.J. of Lond. Esq For and in consideration of part of performance and accomplishment of Articles agreements made between Sir W. E. and N.S. the 6. of M. for the assurance and increase of a Joynture for the Lady M. in case she sutyive Sir W.B. And afor and in consideration of a Marriage to be had between H. B. and A. S. onely Dughter of N. S. In recompente of Joynture and Dower of the third party and G.S. of London Gent. and S. M. of the fourth party witnesseth that for and in part of performance and accomplishment of the Covenants and agreements comprized and contained in one pair of Articles of agreement indented had made and concluded upon the sixt day of M. last before the Date hereof made between the said Sir VV. B. of the one party and the said N. S. of the other party and for further assurance and increase of a Joynture unto the said Lady Mary in case she shall happen to survive the said Sir VV. B. her now Husband And for and in consideration of a marriage shortly hereafter by the grace of God to behad and solemnized between the said H. B. and A. S. now the onely Daughter and Heir apparent of the said N. S. And for and in full satisfaction and recompence of such Joynture and Dower as she said A. shall or may have or challenge out of in or to all or any of the Manours Lands Tenements and Hereditaments of him the said H. B. in case the said A. do survive and outlive the said H.B. And for the continuance of the Manour Lordship Lands Tenements Hereditaments hereafter mentioned in the name blood and kindred of the said Sir W. B. and of the said H. B. his said Son and Heir apparent so long as it shall please Almighty God And for other considerations the said Sir W. B. doth Covenant with the said parties to these presents That he the said Sir W. B. for him his Heirs c. doth Covenant c. to and with the said N. S. his Heirs c. That he the said Sir W. E. the L. Mary his Wife and H. B. at or before the c. now next ensuing the date hereof shall will by Fine or Fines in due forme of Law in the Court of Common Pleas at Westm there to be recorded with Proclamations according to the Stature convey and assure unto the said G.S. and S. M. and their Heirs all the Manour and Lordship of D. and Capital Mestuages with all the rights members and appurtenances therof in the County of B. with all land meadowes pastures feedings c. And for divers other good and reasonable causes and considerations him the said Sir VV. B. to these presents especially moving It is Covenanted granted concluded and sully agreed by and between the said parties to these presents in mannet and form following that is to fay the said Sir VV. B. for him his Heirs Executors and Administrators doth covenant promise and grant by these presents to and with the said N.S. his Heirs Executors and Administrators That he the said Sir VV. B. the Lady Mary his Wife and the said H. B. at or before the c. now next ensuing the Date of these presents shall and will by Fine or Fines in due form of Law to be levied in the Court of Common-Pleas usually holden at VVestm ' there to be recorded with Proclamations according to the Stat or one of them in that behalf made and provided in such sort as is commonly used in the same Court convey and assure unto the said G. S. and S. M. and their Heirs or to the Heirs of one of them All that the Manour and Lordship of D. c. and Capital Messuage c. with all the rights members and appurtenances therof in the said County of B. and all lands meadowes pastures feedings moores marshes fenny grounds and hereditaments to the said Capital Messuage belonging or appertaining or therewith used occupied or enjoyed Advowson donation gift free dispontion and right of patronage of the Rectory and Parish-Church of D. aforesaid with all lands and meadowes pastures c. called or known by the name of c. And all the Copyholds and customary Mestuages and Tenem parcel or holden of the said Manour of D. And also all the Advowson Donatiou gift free disposition and right of Patronage of the Rectory and Parish Church of D. aforesaid in the said County of B. And all those meadows lands pastures woods and hereditaments called or known by the name of c. And all Messuages Granges Milnes Lands Tenements Meadowes Feedings Pastures Commons Wastes Woods and Underwoods to the said Manour belonging or appertaining and the soyle and ground of the said Woods and Underwoods And all the Copy-hold and customary Messuages Lands and Tenements parcel or holden of the said Manour of D. And all rents and services as well of Free-holders as of Copy-holders and all other Rents reserved upon all and every Grant and Grants Demise and Demises made of the premises or of any part or parcel therof and all and every their or any of their Reversion and Reversions of the said premises or any of them And all other commodities profits emoluments and hereditaments whatsoever with their appurtenances scituate lying and being in D. aforesaid in the said County of B. or elsewhere within the Common-wealth of England to the said Manour Lorship Capital Messuages and premises or any of them belonging or in any wise appertaining or as part parcel or member of the said Manour Lordship c. and other the premises or any of them at any time heretofore had known accepted used demised letten or reputed Court Barons Court Leets c. And all and all manner of Court Barons Court Leets views of Frank-pledges Law-dayes perquisits and profits of Writs All perquisites and goods of Felons c. and all that to any such Courts which do or may belong or appertain goods and chattels wayved goods and chattels of Felons and Fugitives Felons of themselves and put
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
and incumbrances And further Covenant that if there shall not be sufficient wood upon the lands of the Lessors c. to supply the 500 Cords yearly that then the Lessors shall assign so much as is wanting in the hands of others Or else that the Lessees shall retain of their Rents and payment two he 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 covenant and grant to and with the said H. and M. their Executors c. and every of them That if it happen the woods of the said F. and E. or of the Heirs and Assigns of them which do grow upon the Lands or soyl of them the said F. and E. or the Heirs or Assigns of them or any of them within two miles of the said Furnace Fordge or Iron works to be spent so as there shall not be sufficient lest to supply or satisfie the said number of 500 Cords of wood yearly according to the purport effect and true meaning of these presents Or that the said H. and M. their Executors c. or any of them cannot or may not lawfully have take and enjoy the said 500 cords so as by reason of the want or lack of such Woods growing or to be growing upon the lands or soyl of the said F. and E. or either of them or the Heirs or Assignes of them or either of them the said H. and M. or either of them or the Executors or Assignes of them or either of them shall not have delivered assigned and appointed Or may not lawfully have and take the said full sum of 500 Cords of wood yearly during the said term within two miles of the said Furnace Forge or Iron-work aforesaid according unto the purport of these presents That then the said F. E. or one of them or the Heirs of Assigns of them or one of them shall provide get assign appoint and deliver yearly so much wood as shall be wanting or not growing of the said sum of 500 Cords upon the Land ground or soyl of some other person or persons within two miles of the said Furnance c. aforesaid where they the said H. and M. their Executors c. shall and may lawfully have and take fell cut coal and carry away the same or else that it shall and may be lawfully to and for the said H. and M. their Executors c. to abate deduct recoup and retain in their hands every year of their rents and payments aforesaid or of either of them 2 shillings for every Cord of wood that they by occasion of means aforesaid shall yearly want of the said 500 Cords of wood which should or ought to be delivered or assigned out them as aforesaid In Witnesse whereof c. A Lease of a Vicaridge THIS INDENTURE c. Between I. L. c. Clark Vicar of the Church Parochial of T. of the one part and I. C. and C. F. of the other part Witnesseth that the said I. L. for divers c. hath demised c. unto the said I. C C.F. all that the Vicaridge Tithes of T. aforesaid and all manner of Tithes tenths pensions portions fruits profits issues rents payments commodities advantages emoluments and other thing whatsoever to the said Vicaridge belonging or being or reputed to be part parcel member or belonging to the said Vicaridge or any part thereof and all rents and payments reserved and payable to the said I. L. upon any Lease or Grant of any of the said Tithes heretofore made by the said I. L. all that the Vicaridge house An exception of the Vicaridge house barn garden orchard glebe-lands c. barn garden orchard glebelands chancel offerings oblations duties for solemnization of marriage Churchings of Women for christening of children for burying the dead within the said Parish with the appurtenances unto the said I. L. his Assigns out of this present Demise always excepted and fore-prized to have hold occupie perceive and enjoy the Vicaridge Tithes Pensions and Portions and all other the premises before mentioned to be demised except such things as been before excepted unto the said I. C. C. F. c. and to the survivor or survivors of them And in default of assignation or grantees of the demised premises by them to be made to the Executors and administrators of the survivor and survivors of them from the day of the date of these presents for and during the term of c. from thence c. if the said I. L. shall continue so long to be Vicar there Yeeldirg A special reservation of the Rent c. to the said I. L. and his Assigns so long as he is Vicar there during the said term in manner and form following that is to say that for the Tith and tenths of the corn and grain sown or to be sown in or upon the Meadow ground within the said Parish commonly called the Meadown corn being parcel of the said demised premises c. and for the residue of the demised premises c. except before excepted c. the said two several Rents before reserved to be paid in the Porch of the Parish Church of T. aforesaid In default of payment of the rent a nomine poenae is granted at the Feasts of c. by even portions yearly to be paid And if it shall happen the said several yearly Rents and sums of money before expressed or any part or parcel thereof to be behind and unpaid at the place aforesaid by the space of c. next after any of the said Feasts in which it ought to be paid as is aforesaid that then they the said I. C. C. F. c. shall for every default in payment forfeit and pay to the said I. L. and his Assigns the sum of c more of lawfull c. in the name of a pein And the said I. C. C. F. c. and every of them doe for them Covenant upon enjoyment without lawfull let that the Lessâ—e will not only pay the tent c. But also in respect that the Lessor is a learned man sufficient to preach the Word of God so much yearly during the term and in default of payment so much nomine poenae their Heirs c. severally by these presents Covenant and Grant to and with the said I. L. his Executors c. from time to time during the continuance of the said term if the said I. L. shall so long continue Vicar of Y. aforesaid And that the Lessees the survivor or survivors of them or the Executors Assigns or Grantees of them or of the survivors of them shall or may lawfully have perceive and enjoy all that the said demised premises except before excepted without lawfull let of the said I. L. and his Assigns and of all and every other person and persons any estate interest or thing having or clayming into or
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
the said A. B. whatsoever whereof the said A. B. hath or may have possession or occupation in the Parish of S. or else within the said County of C. c. Hath given granted and confirmed and by these presents doth for him and his Heires fully freely and absolutely give grant and confirm unto the said A.R. one Annuity or yearly Rent-charge of fifty pounds of good and lawful money of England to be going issuing and payable out of all and singular that the Manour and Lordship of S. in the said County of C. with the rights members and appurtenances thereof And out of all and singular Manours Messuages Lands Tenements Meadowes Feedings Pastures Woods Under-woods Copy-holds Rents Reversions Services and other Hereditaments whatsoever to the said Manor or Lordship belonging or appertaining or together with the same had holden occupied used demised letten or enjoyed or reputed taken or known as part parcel or member of the said Mauour or Lordship set lying and being within the Parish of S. aforesaid or elsewhere within the said County of C. And out of all other the Manours Lordships Messuages Lands Tenements and Hereditaments whatsoever of him the said A. B. or whereof the said A. B. hath or may have the possession or occupation lying and being within the Parish Village Hamlets Territories or Fields of S. aforesaid or elsewhere within the said County of C. To have hold receive Habend to A.R. to receive and take the said annuity of 50 l. per ann during her lâ—fe to be paid at the four most usuall Feasts in the year by even and equall portions Clause of distresse At such daiâ—â— and places limited for payment thereof perceive take and enjoy the said Annuity or yearly Rent-charge of fifty pounds and every part and parcel thereof unto the said A.R. and her Assignes from the Day of the Date of these presents for and during the natural life of the said A. R. the same to be yearly paid at or within the common Dyning Hall of the Middle-Temple near Fleet street London at the four most usual Feasts or Terms in the year that is to say at the Feasts of the Annunciation of our blessed Lady the Virgin Maâ—y c. or within ten dayes next after every of the said Feasts by even and equal portions And that it shall and may be lawful to and for the said A.R. for and during her natural life into the said Manour or Lordship of S. Messuages Lands Tenements and into all other the premises or into any part thereof to enter and distrain for the said yearly rent of fifty pounds and the Arrearages thereof if any shall happen to be behind and unpaid and the Distresse and Distresses there so had and taken to take drive carry away and impound and in pound to detain and keep untill the said A. R. and her Assignes and every of them shall be of the said Annuity or yearly Rent of fiffty pounds and of the Arrearages thereof and of all damages losses and expences sustained by non-payment thereof fully contented and paid And the said A.B. doth for himself his Heires Executors Administrators and Assignes and for every of them covenant grant and agree to and with the said A.R. her Executors and Assigns and to and with every of them by these presents In case the said Annuity or Rent-charge happen to be behind and unpaid then a nomine paenae and a distresse for that also That if it shall happen the said Annuity or yearly Rent-charge of fifty pounds at any time or times hereafter during the life of the said A.R. to be behind and unpaid in part or in all after any of the said daies of payment in or at which the same ought to be paid as aforesaid That then the said A.B. Heires Executors Administrators and Assigns shall and will forfeit lose and pay unto the said A.R. and her Assignes the sum of twenty shillings of lawful money of England nomine paenae for every day that the same or any part thereof shall happen to be behind and unpaid after the dayes of payment above limited And then also and so often it shall and may be lawful to and for the said A. R. and her Assignes into the said Manour or Lordship and into all and singular other the premises with their appurtenances Nomine paena of 20 s. and the Arrearages thereof if any happen to be forfeited and the Distresse Distresses to drive and take away and keep untill the nomine paenae and the Arrearages be fully satisfied and paid and into every or any part or parcel thereof to enter and distrain for the said nomine paena of twenty shillings and the Arrearages thereof if any shall happen to be forfeited and unpaid and the Distresse and Distresses there had and taken to take drive carry and bear away and the same to impound and in pound to detain and keep untill the said A.R. and her Assignes of the sum of twenty shillings so to be forfeited Nomine paenae toties quoties and of all Arrearages of the same and of all such damages losses and expences as the said A. R. shall or may bear or sustain thereby shall be fully satisfied contented and paid * Covenant that the Grantor is seized in Fee without any remainder or reversion in the c of an absolute and indefeisable estate And the said A.B. doth for himself his Heires Executors Administrators and Assignes Covenant grant and agree to and with the said A.R. her Executors Administrators and Assigns and to and with every of them by these presents That he the said A.B. the Day of the Date of these presents is the lawful and true Owner of the premises and of every part thereof and is lawfully seized in his Demesne as of Fee-simple of and in the same to the use of him the said A. B. his Heires and Assigns for ever without any remainder or reversion in c. and without any use condition proviso or limitation to alter change revoke or determine the same Covenant that the Land is of such a value hesides charges c. And further That the said Manour of Lordship and other the premises with their appurtenances now are and so shall continue and remain during the natural life of the said A.R. of the clear yearly value of one hundred and fourty pounds by the year over and above all charges and reprises And that the Land shall be overt c. to the Distresse And that the said premises and every part thereof are and shall be from time to time during the natural life of the said A. R. overt and liable to the Distresse and Distresses of the said A. R. so the said annuity or yearly Rent-charge of fifty pounds and the said Nomine paenae if the same or any part thereof shall hereafter happen to be behind and unpaid at the dayes time and place above-limited for the payment thereof Covenant to pay