and become Tenants unto the said C. D. his Heirs or Assigns of and for their several and respective Tenements whereof or wherein they or any of them have or hath any particular Estate or Estates in being and which are parcel of the Premises before mentioned to be granted 25. And the said A. B. for himself his Heirs Covenant to produce Writings c. for defence of the Title of the thing sold Executors and Administrators doth covenant grant and agree to and with the said C. D. his Heirs and Assigns by these presents That if the said C. D. his Heirs or Assigns shall at any Time or Times hereafter have need or occasion to plead shew forth or give in evidence any Letters Patents Deedâ— Evidences or Writings whereof the said A. B. hath covenanted to deliver Copies as aforesaid and which are not hereby bargained or sold of him the said A. B. touching or concerâ—ing the Premisses or any part thereof for the maintenance or defence of the Title of the said C. D. of in and to the Premisses or any part thereof or for any other just or reasonable occasion in any wise touching or concerning the Premises or any part thereof That then and so often the said A. B. his Heirs and Assigns upon request in that behalf to be made by the said C. D. his Heirs and Assigns and at the cost and charges of the said C. D. his Heirs and Assigns shall and will produce and shew forth or cause to be produced and shewed forth all and singular the said Letters Patents Deeds Evidences and Writings or so many of them as shall be thought needful by the said C. D. his Heirs or Assigns in any Court or Courts of Record or elsewhere for the maintenance or defence of the Title of the said C. D. of in â—r to the said bargained Premisses or any part or parcel thereof of for any just or reasonable cause as aforesaid and shall and will permit and suffer the same there to remain so long as the said C. D. his Heirs or Assigns shall have occasion for the necessary use thereof 26. And it is covenanâ—ed granted concluded Covenant to pay back purchase money upon Eviction of the thing and fully agreed by and between all the said Parties to these presents And the said A. B for him his Heirs Executors and Administrators and for every of them doth covenant grant and agree to and with said C. D. his Heirs and Assigns by these presents That if it shall happen at any Time or Times hereafter within the space of Ten years to be computed from the Day of the Date hereof the said Messuage or Tenement and other the Premises herein before mentioned to be bargained and sold or any part or parcel thereof upon any prior or former Title to be by any person or persons whatsoever recovered or otherwise lawfully evicted from the said C. D. his Heirs or Assigns by due Course of Law or that any decree in or upon any Bill of Complaint in Court of Equity shall pass or be made or that any Judgment in any suit or Action real or personal shall be given against him the said C. D. his Heirs or Assigns whereby his and their Title of in and unto the said Premises or any part or parcel thereof may be in any wise avoided adnulled or defeated That then and in such Case he the said A. B. his Executors or Administrators next after such Recovery Eviction Decree or Judgment so to be had given or passed as aforesaid shall within six Months notice thereof to be given and reasonable request in that behalf to be made unto him the said A. B. his Executors or Administrators pay or cause to be paid unto the said C D. his Heirs or Assigns so much lawful money of England as the said Premises or any part thereof so happening to be Evicted or Recovered or whereunto the Title of the said C. D. his Heirs or Assigns so shall be in any wise avoided annulled or defeated as aforesaid shall amount unto after the Rate of 18 Years purchase for the yearly value thereof according to the Rate that the same was valued at upon the purchase To pay back part of the purchase money which was paid in case the Purchaser dislike after two Years thereof by him the said C. D. as aforesaid 27. And the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said C. D. his Heirs and Assigns by these presents That if the said C. D shall at any Time within the space of two Years next ensuing the Date hereof dislike of the purchase of the said Messuage Lands and Premises and thereof within the Time aforesaid shall give notice in Writing unto the said A. B. his Heirs Executors or Administrators That then he the said A. B. his Heirs Executors or Administrators and shall will within three Montths after such notice given and after a Reconveyance made thereof by the said C. D. his Heirs or Assigns unto the said A. B. his Heirs or Assigns free from all Estates Charges and Incumbrances whatsoever had made or suffered by the said C. D. his Heirs or Assigns at the cost and charges of the said A. B. his Heirs or Assigns in such manner and form as the said A. B. his Heirs or Assigns or his or their Counsel shall reasonably advise well and truly pay or cause to be paid unto the said C. D. his Heirs or Assigns for their purchase of the Premises the Sum of c of lawful Money of England at the now dwelling House of the said C. D. scituate in G. aforesaid Provided alwaies that if the said C. D. his Heirs or To pay a further sum if the Purchaser like the Premises Assigns shall not within the space of two Years signifie as aforesaid his dislike of the said purchase That then he the said C. D. his Heirs oâ— Assigns shall and will pay or cause to be paid unto the said A. B. his Heirs or Assigns the further sum of c. of lawful Money of England over and above thr moneys by him already paid for the clear and absolute purchase of the said Messuage Lands and Premises within one Month after the end or determination of the said two Years 28. To all c Know ye that the said A. Covenant not to claim dower with a Release B. for and in consideration of the Sum of 500 l. of lawful Money of England to her in hand paid before the sealing and delivery hereof by C. D. of c. who lately purchased of E. B. since deceased late Husband of the said A. B. A Messuage and Lands lying and being c. whereof he the said E. B. was seized of some Estate of Inheritance during the Coverture between him the said E. B. and the said A. B. The Receipt whereof the said A. B. doth hereby acknowledg Hath covenanted granted concluded and agreed
and doth by these presents covenant grant conclude and agree to and with the said C. D. his Heirs and Assigns that the said A. B. or her Assigns shall not at any time hereafter sue for challenge or demand by Writ of Dower or otherwise any Dower or Title of Dower out of the said Messuage and Lands or any part thereof But that the said C. D. shall and may lawfully and quietly enjoy the said Messuage and Premisses without the let or interruption of the said A. B. or any Person or Persons whatsoever lawfully claiming by from or under the said A. B. And the said A. B. for the consideration aforesaid Hath remised released and for ever quite claimed and by these presents doth remise release and for ever quite claim unto the said C. D. his Heirs or Assigns all and all manner of Dower and Right and Title of Dower whatsoever which she the said A. B. now hath may might should or of right ought to have of in and to the said Messuage and Lands and of in or to any part or parcel thereof So that neither she the said A. B. nor any other for her or in her name any manner of Dower or Writ or Action of Dower or any manner of Right or Title of Dower of or in the said Messuage or Lands or any part or parcel thereof at any time hereafter shall or may have or claim or prosecute against the said C. D. his Heirs or Assigns or any of them but of and from the same shall be utterly barred and for ever excluded by these presents In Witness c. 29. And the said A. B. and C. D. severally The form of covenanting joyntly and everally and not joyntly nor one of them for the other and for their several and respective Heirs Executors and Administrators and for every of them respectively do covenant c. Or thus And the said A. B. and C. D. for themselves severally and respectively that is to say each of them for himself and for his several Heirs Executors and Administrators and for so much as concerneth or may concern his own Act or Acts only and not one of them for the other nor for the Act or Acts of the other or of the Heirs Executors or Administrators of the other doth severally and not joyntly covenant c. Or thus And the said A. B. and C. D. severally and respectively each one for himself only and for his respective Heirs Executors Administrators and Assigns and not joyntly nor one of them for the other nor for the Act or Acts Deed or Deeds Matter or Thing of the other doth covenant c. Or thus And the said A. B. C. D. and E. F. for themselves severally and not joyntly nor one of them for the other and for their and every of their several and respective Heirs Executors and Administrators doth covenant c. 30. Anâ— the said A. B for himself his Heirs Executors and Administrators and for the said Another per Baron feme E. B. his Wife doth covenant c. Or let him covenant singly that he and his wife or that his wife only shall do such an Act. And if two men and their wives covenant severally then it may be thus And the said A. B. himself and for the said E. B. his wife and the said C. D. for himself and for the said E. D. his wife do respectively and severally and for their several and respective Heirs Executors and Administrators and not one of them for the other nor for the wife of the other nor for the Heirs Executors or Administrators of the other do covenant grant c. Or thus And the said A. B. and C. D. for themselves and for their said wives respectively their Heirs Executors and Administrators do severally and respectively covenant c. to and with the said E. B. and G. his wife and every of them their and every of their Heirs Executors and Administrators by these presents c. CHAP. IV. Containing the Forms of Provisoes to avoid Estates in Fee 1. PRovâ—ded nevertheless and upon condition That Proviso to make void an â—state upon non payment part of purchase Money it the said C. D. the Purchaser his Heirs Executors or Administrators shall not and do not well and truly satisfie and pay or cause to be well and truly satisfied and payed unto the said A. B. his Executors Administrators or Assigns or some or one of them the said Sum of 387 l. of good and lawful Money of England being the remainder and residue of the said Sum of 2187 l. before specified at or in the Church Porch of the said Parish of c. upon the several Dayes of payment hereafter mentioned and in manner and form following viz. The Sum of 200 l. of good and lawful Money of England in or upon the Tenth Day of December next ensuing the Day of the Date of these presents and the Sum of 100 l. of like Moneys in or upon the Tenth Day of June which shall be in the Year of our Lord God c. and the further Sum of 87 l. in or upon the c. next ensuing being the residue of the said Sum of 387 l. That then and from thenceforth this present Deed of Bargain and Sale and every Matter and Thing therein contained shall be void and of nâ—ne effect And that then and from thenceforth it shall and may be lawful to and for the said A. B. his Heirs or Assigns into the said Premises with the Appurtenances wholly to reenter and the same to have repossesse and enjoy as in his or their former Estate any thing in these presents contained to the contrary thereof in any wise notwithstanding 2. Provided always and upon condition That Proviso to make void an estate upon discharge of a Suerty if the said A. B. his Executors or Administrators shall and do well and truly content satisfie and pay or cause to be contented satisfied and payed all and every such Sum and Sums of Money which the said C. D. as suerty and together with and for the said A. B. is and standeth bounden to pay unto any Person or Persons whatsoever either by Obligation Bills Specialty Promise or otherwise howsoever according to the purpose and true meaning of such Specialties or Engagements And shall and do at all times hereafter well and sufficiently discharge and save and keep harmless and indempnified the said C. D. his Executors and Administrators and his and their Bodies Goods Chattels Lands and Tenements and every of them of and from the said Suertiship that then and from thenceforth this present Deed and every matter and thing therein contained shall be void and of none effect And that then and from thenceforth it shall and may be lawful to and for the said A. B. his Heirs oâ— Assigns into the said Premises with the Appurtenances wholly to reenter and the same to have again repossâ—sse aâ—d enjoy as in his or
their former Estate Any thing herein before contained to the contrary thereof in any wise notwithstanding 3. This Indenâ—ure c. Between A. B. of the one An other to secure from suertiship part and C. D. of the other part Whereas the said C. D. at the request and for the only and proper Debt of the said A. B. is and standeth bound together with and for the said A. B. in and by several Bonds and other Writings obligatory in a Schedule hereunto annexed particularly mentioned for several Sums of Money to several Persons in the said Schedule likewise mentioned Now witnesseth these presâ—nts That the said A. B. for the better security of and saving harmless and indempnified the said C. D. his Heirs Executors and Administrators and his and their Lands Goods and Chattels of and from the said several Engagements and for their good Causes and Considerationâ— hath c. let there be a Feoffment Bargaine and Sale c. Provided always and upon condition That if the Proviso said A. B. his Heirs Executors or Administrators shall and do well and truly satisfie and pay or cause to be well and ttuly satisfied and payed all and every the said Sum and Sums of Money for the payment whereof he the said C. D. is and standeth bounden with and for the said A. B. as aforesaid in the said Schedule mentioned according to the several effâ—cts and purports of the said Writings obligatory and deliver or cause to be delivered up unto the said C. D. hiâ— Executors or Administrators all and every the seveâ—al Bonds and Writings obligatory to be cancelled or else sufficient Releases and Discharges touching or concerning the same and that within one Month after the several and respective Sums of Money therein mentioned shall severally and respectively become due and payable That then and from thenceforth c. as in the former precedent Sect. 2. 4. Provided always and it is the true intent Proviso to make void a Rent charge granted in Fee upon payment of money and meaning of the said parties to these presents That in case the said A. B. his Heiâ—s or Assigns or any of them shall be minded or determined to purchase out redeem or discharge his said Lands and Tenements of and from the said Rent charge and shall by the space of six Months before any Feast of St. Michael the Archangel give knowledg and notice of such his mind and determination unto the Person or Persons of the said C. D. his Heirs or Assigns or any of them or shall by the said space openly leave to or for the said C. D. his Heirs or Assigns at the now dwelling House of the said C. D. any Writing or Note signifying such his determination and purpose And also shall and do at the Feast of the Annunciation next following after such Notice given or left as aforesaid pay or cause to be paid unto the said C. D. his Heirs or Assigns the full Sum of c. of lawful Moneys of England together with all the Arerages of the said Annuity or Rent-charge if any shall be that shall be behind or unpaid on the said Feast of Annunciation at one entire payment that then and immediately from and after the payment of the said Sum of c. and Arrerages aforesaid if any shall be the said Annuity or Annual Rent-charge of c. by the year and these presents and every Covenant Article and thiâ—g therein contained shall cease determine and be utterly void Any thing in these presents contained to the contrary thereof in any wise notwithstanding 5. Provided always And it is covenanted concluded a part upon money paid Another to abate in and agreed by and between the said Parties to these presents That if the said A. B. his Heirs Executors Administrators or Assigns upon six Months warning thereof in writing under his or their hands before hand to be given by the said A. B. his Heirs Executors Administrators or Assigns unto the said C. D his Heirs Executors Administrators or Assigns shall and will at or upon any first Day of May or Feast of All Satnts at or in the place aforesaid pay or cause to be payed unto the said C. D. his Heirs Executors Administrators or Assigns the Sum of 100 l. of lawful Moneys of England over and besides the said Rent-charge or Annual Sum of c. and the Arrears thereof if any then shall be That then and from thenceforth from and after the said payment or payments so made as aforesaid of every of the said Sum or Sums of 100 l. with Arrears of the said Rent if any shall be to be Endorsed upon both parts of these Iâ—dentures and subscribed by the said C. D. his Heirs Executors or Administrators for every Hundred Pounds that shall be paid as aforesaid over and besides the said Arrears if any shall be the full and entire Sum of 100 l of the said 500 l. yearly Rent â—r Annunity hereby granted as aforesaid shall cease and be determined Any thing herein before contained to the contrary hereof in any wise notwithstanding CHAP. V. vid. chap. 7 the forms of limitations of uses Containing the Several Ways and Forms of Introducing Uses upon Fines Recoveries and other Conveyances 1. THâ—s Indenture c. Between A. B. and Upon a Fine to be levied E. his wife on the one part and C. D. and E. F. on the other part Witnesseth That for the Conveying Assuring and sure making of all and singuler the Messuages Lands Tenements and Hereditaments hereafter in these presents mentioned to the uses inâ—ents and purposes hereafter in and by these presents expressed limitted and declared It is agreed and concluded by and between the said parties to these presents And the said A. B. for himself his Heirs Executâ—rs and Administrators doth covenant grant and â—gree to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his wife shall and will at the proper costs and charges of the said A. B. before the Feast of c. next ensuing the Date hereof in due forme of Law acknowledg and levy before the Justices of his Majesties Court of Common Pleas at Westminster one Fine Sur cognizance de droit come ceo c. with Proclamations unto the said C. D. and E. F. of all the Messuage or Tenement c. and here set down particularly the Messuages and Lands to pass by certain Name or Names and quantities of Acres in the said Fine to be contained And that the said Fine so to be had and levied as aforesaid Several forms to begin the limitation of uses or in what manner or forme soever the same shall be had shall be and inure and the said C. D. and E. F. shall by force thereof stand and be seized of the said Messuage and Lands and all other the Premises with the Appurtenances to the
paâ—t and let thereby A. B. covenant to levy a Fine to G. H. and I. K. of the Mannor of L. c. And then add And it is covenanted granted condescended agreed and declared by and between all the said Parties to these presents That the said Fine or Fines and all other Fine or Fines hereafter to be had and levyed by and between the said Parties to these Presents or any of them of the said Mannor and Premises or any Part thereof are meant and intended to be and immediately from and after the acknowledging and levying of the said Fine or Fines shall be taken judged and construed to be and inure to the several uses trusts and purposes hereafter mentioned That is to say to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life And from and after the determination Nota. of the Estate of the said A B. to the use and behoof of the said C. D. and E. F. and their heirs for and during the natural life of the said A. B. to the end intent and purpose and in trust only to preserve the contingent remainders hereafter mentioned And from and after the decease of the said A. B. to the use and behoof of the first Son of the body of the said A. B. lawfully to be begotten on the body of E. B his now wife and of the heirs Males of the body of such first Son lawfully to be begotten And for default of such Issue to the use and behoof of the second Son of the body of the said A. B. on the body of the said E. B. to be begotten and of the heirs males of such second Son and in like manner to 3 4 5 6 c. Sons and for want of such Issue to the use and behoof of all and every other Son and Sons of the body of the said A. B. to be begotten on the body of the said E. B. successively one after the other as they shall be in Seniority of Age and Priority of Birth and the several and respective heirs males of their bodies the elder and his heir male of his body to be alwaies preferred before the younger of them and the heir male of his Limitation for issue en ventre sa mere body And for default of such Issue in case the said E. shall be enseint at the time of the death of the said A. B. then to the use and behoof of the said E. until she shall be delivered of such Child or die which of them shall first happen in trust only for the preservation of the contingent remainder unto her Son if she shall be Nota. enseint of a Son and if such Child shall be a Son then to the use and behoof of such after-born Son and the heirs males of the body of such after born-Son lawfully to be gotten And Limitation of five hundred years for payment of daughters portions if no heir male be for want of such Issue to the use and behoof of the said C. D. and E. F. and their Executors Administrators and Assigns for and during the term of five hundred years And from and immediately after the end of the said Estate or Term of five hundred years to the use and behoof of the said A. B. and the heirs males of his body and for want of such Issue to the use and behoof of the right heirs of the said A. B. for ever And as for touching and concerning the said Estate of five hundred years herein before limited to the said C. D. and E. F. It is hereby declared that The Declaration of the trust as to the Estate of five hundred years the said Estate is so limited to them as aforesaid in trust that they the said C. D. and E. F. or the Survivor of them and the Executors Administrators and Assigns of the Survivor of them shall and may out of the yearly and accidental Rents Issues and Profits of the said Mannor Farm c. herein before limited to them for the said Term of five hundred years for default of Issue male as aforesaid levy raise and pay the several Sums hereafter mentioned as well for the Maintenance and Education aâ— for the Portion or Portions of the daughter or daughters of the said A. B. of the body of the said E. â— to be begotten in case there shall be a Failer of Issue male of the body of the said A. B. on the body of the said E. to be begotten in such mâ—nner and form as is hereafter expressed and declarede That is to say The Sum of One thousand Pound One thousand Pound to one daughter One thousand a piece if more daughters of good and lawful Money of England in case they shall have but one daughter between them two for the Marriage Portion of such daughter if such daughter shall not be preferred in marriage by the said A. B. in his life time And in case there shall be more than one daughter between them begotten the Sum of One thousand pound a piece of lawful Money of England a piece for every such daughter that shall not be preferred in Marriage in the life time of the said A. B. the said portion and portions to be payed to them respectively at their several ages of one and twenty years or respective dayes of Marriage which of them shall first happen And in the meantime for the raising and paying to or Maintenance before Portions payed for such daughter or daughters until their several portions shall become due and payable as aforesaid necessary and convenient maintenance at the discretion of the said Trustees or the survivor of them or the Executors or Administrators of the survivor of them And it is concluded and agreed by and between Vpon payment of the Portions the Estate for five hundred Years to be void all the said Parties to these presents and it is the true intent and meaning hereof that when the several portions and Sums of Money aforesaid shall be payed and satisfied to the said daughter or daughters as aforesaid according to the true intent and meaning of these presents or if he or they to whom the Remainder or Reversion of the said Mannor Farm Lands Tenements Hereditaments and Premises shall be remain or come by vertue of these presents after the end or exspiration of the said Estate of Five hundred years shall well and truly satisfie or pay or cause to be satisfied or payed or otherwise secure to be satisfied or payed unto such Daughter and Daughters the said several sums as aforesaid That then immediately from and after such payment made or security given for payment of the said sum or sums to such Daughter or Daughters as aforesaid according to the true intent and meaning of these presents the said Estate or Term of five hundred years herein before limited to the said C. D. and E. F. as aforesaid shall cease determine and
taken to lead drive bear carry away detain and keep until she or they shall be of the said Rent and Arrears thereof if any shall be fully satisfied contented and paid 7. Provided always and it is likewise further Another to settle Lands in certain with reservation of a Rent to be paid by the Wife Covenanted granted and fully agreed by and between the said Parties to these present Indentures for them and their heirs by these presents That it shall and may be lawful to and for the said A. B. by any Writing Indented by him seal'd and duly executed to assign limit and appoint the said capital Messuage or Mansâ—on House of B. aforesaid and the Lands thereunto belonging with the Appurtenances to the use of the said E. B. his now Wife for Term of her natural life reserving and appointing by the said Indented Writing the yearly Rent of Ten pounds of lawful moneys of England to be paid for the same from and after the death of the said A. B. yearly during the life of the said E. B. at Two usual Feasts or Terms of the year by equal portions at the said Capital Messuage of B. aforesaid to the said C. B. the Son of A. B. and the heirs males of the body of the said C. B. lawfully begotten or to be begotten and after to such person and persons as by the limitation herein before set forth shall have the said House and Lands the first Payment thereof to begin at such of the said Feasts as shall first happen after the decease of the said A. B. And that from and after such limitation or appointment so had or made the said Assurances and Conveyances shall be and the said C. D. E. F. c. and their heirs and the survivors and survivor of them and his and their heirs shall stand and be thereof seised to the only use and behoof of the said E. B. and her Assigns according to such limitation as shall be so had or appointed so that the said E. B. and her Assigns do pay or cause to be paid yearly during Use limited after the particular Estate ended her life the said sum of Ten pounds in manner and form before mentioned expressed and appointed and from and after the death of the said E. B or of the determination of her Estate or use therein by any ways then to the use of the said C. B. and of the heirs males of his body lawfully begotten or to be begotten and after to the use of such Person and Persons and in such â—anner and form and with all such Remainders Over-Vses and Limitations and under all and every such Conditions and Provisoes as the same should have been if no such Assignment Appointment or Limitation by force of this Proviso had been thereof made or appointed 8. Provided always That it shall and may Another more brief be lawful to and for the said A. B. from time to time during his natural life by his sufficient Deed or Deeds in writing or by his last Will and Testament in writing to give grant devise lease limit dispose or appoint to and for the use and benefit of any Wife or Wives whom the said A. B. shall happen to marry for the Term of her natural life for a Ioynture such and so much of the said Mannors Lands Tenements and Hereditaments as to him shall seem meet not exceeding one third part in value of the whole and that in every such case the said C. D. and E. F. and the survivor of them his and their Heirs and Assigns shall stand and be seised of such of the said Mannors Lands Tenâ—ments and Hereditaments as shall be so given granted devised leased limited or appointed to the use of such Wife or Wives for and during the natural life of such Wife and Wives and for and during such Estate and Estates as shall be so given granted devised leased limited or appointed in manner and form aforesaid and under such Covenants Conditions and Provisoes as in such Writing or last Will shall be contained and expressed and after the end or determination of such Estate or Estates to the use of such Person or Person to whom the same ought to be and remain by the true intent and meaning of these presents 9. As to for and concerning the said Mannor Another Proviso for future Wives by way of limitation of Use or Farm of B. to the use of the said C. B. for and during the Term of his natural life without impeachment of or for any manner of waste and from and after his decease to the use and behoof of the said E. B. his Wife for and during her natural life for her Ioynture c. and from and after the decease of the said C. B. and E. B. for and concerning the said Mannor or Farm or so much of the same as the said C. B. shall at any Time or Times during his life by one or more Writing or Writings under his Hand and Seal seal'd and executed in the presence of three credible Witnesses limit and declare for a Ioynture for such other Wife as he shall have at the time of his decease to the use of such Wife for and during her natural life for her Ioynture And for and concerning the residue of the said Mannor or Farm not so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife And for and concerning so much of the said Mannor or Farm as shall be so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife and from and after the decease of such other wife as the said C. B. shall have at the time of his decease to the use and behoof of the first Son of the body of the said C. B. lawfully to be begotten and of the heirs Males of the body of such first Son lawfully to be begotten c. to the tenth Son and the Heirs of the body of such tenth Son lawfully to be begotten And for want of such Issue to the use and behoof of all the Daughters Use to Daughters of the body of the said C. B. lawfully begotten and to be begotten and of the several and respective Heirs of the bodies of such Daughters lawfully begotten or to be begotten c. 10. Provided alwaies and it is fully Covenanted Pâ—wer givâ—n to cestuy que use for life to make Leases concluded and agreed by and between all the said Parties to these presents for them their Heirs and Assigns That it shall and may be lawful to and for the said A. B. And that the said A. B. shall have power and authority from time to time and at all times hereafter at his will and pleasure during the term of his natural life by his Deed or Deeds in writing to demise grant and to farm let all or any the said Messuages Lands Tenements and Hereditaments
to the use and behoof of the Heirs of the Body of the said A. B. and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever And as to such part of the Premisses as shall not be so demised or leased by the said A. B. at the time of his death to the use and behoof of the Heirs of the Body of the said A. B. and for want of such Issue to the use and behoof of the right heirs of the said A. B. for ever CHAP. IX Rents Annuities and Portions assured out of the limitation of Vses 1. TO the use of the said A. B. for and during An Annuity for a Charitable use the Term of his natural life And from and after the decease of the said A. B. to the use and behoof of the said C. B. his Heirs and Assigns for ever Provided always that he the said C. B. his Heirs and Assigns shall and do yearly and every year from and after the decease of the said A. B. for and towards the relief maintenance and sustenance of the poor aged and impotent People within the Parishes of B. and R. in the County of M. content and pay or cause to be contented and payed unto the Vicar of the said Parish of B. for the time being and unto his Successors for ever at or in the Church Porch of the Parish of B. aforesaid the sum of Ten pound per annum of lawful Moneys of Ten pound per Ann. to the Poor payable to the Vicars of the Parishes England And also unto the Vicar of the Parish Church of R. aforesaid and his Successors for ever at or in the Porch of the said Parish Church of R. the like sum of Ten pound per annum of like Moneys The said several sums or yearly payments to be made on the Feast Days of Thannunciation of Saint Mary the blessed Virgin and of Saint Michael Tharchangel by even and equal portions and the first payment of the said several sums to begin and be made at and upon such of the said Feasts which shall first and next happen from and after the decease of the said A. B. To the end intent and purpose that the several and respective Vicars together with the several and respective Church wardens for the time being of the said several Parishes of B. and R. and their respective Successors or any two of them for ever within their several Parishes shall yearly at and upon the Feasts of c. distribute or cause Distribution of the Mony given to be distributed the said several sums unto the poor and impotent people inhabiting within the said several Parishes And if the said A. B. his Heirs and Assigns do not content and pay or cause to be contented and paid the said several sums of c. according to the true intent and meaning of this Proviso Then he the said C. B. his Heirs and Assigns shall forfeit unto the Vicars of every of 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 sum of Ten shillings Nomine poeâ—ae 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 or Limitation or any other thing in these presents contained 2. And it is Covenanted concluded and To stand seized to the use of the â—icars unâ—il payment fully agreed by and between the Parties to these presents and every of them and for their and every of their Heirs and Assigns And the true intent and meaning of all and every Feoffment and other Conveyances and Assurances of the before-mentioned Premisses made shall be deemed esteemed and taken to be that the said C. D. the Feoffees E. F. c. and the Survivors and Survivor of them their Heirs and Assigns shall upon default of Payment made by the said C. B. his Heirs and Assigns of the said several sums of c. contrary to the true intent purport and meaning of this Proviso stand and be seized of the before-mentioned Premisses unto the use Alteration of the use upon Nonpayment and behoof of the said Vicars of every of the said Parishes and their Successors severally and respectively where any such default shall happen to be for during and until they the said Vicars and their Successors of every of 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 sums of c. before by these presents appointed to them to be paid with all and every the arrearages thereof as also the said several penalties of c. Nomine poenae for every default of the said C. B. his Heirs and Assigns made 3. This Indenture c. Betâ—een A. B. of Another for a Rent during life with clause of â—ntry and to hold the Land for life in case it be arrear the first part C. D. and E. F. of the second part and G. H. of the third part first let there be a Covenant from A. B. to levy a Fine sur Cognizance de droit come ceo c. of all that Mannor of c. to C. D. and E. F. Then add Now witnesseth this present Indenture and it is declared and agreed by and between all the said Parties to these presents that the said Fine so to be had and levyed or in what manner or form soever the same shall be had and levyed shall be and inure and the said C. D. and E. F. and their Heirs and Assigns shall by force thereof stand and be seized of the said Lordship and all other the Premisses to the uses intents and purposes hereafter mentioned That is to say To the end intent and purpose that the said G. H. and his Assigns shall and may yearly during his natural life lawfully and peacably have perceive and take out of the said Lordship and Mannor and all other the Premisses One Annual Rent of One hundred pounds of lawful Moneys of England at two Days or â—easts in the year that is to say At the Feast of Th' annunciation of Saint Mary the blessed Virgin and of Saint Michael Th'archangel by even and equal portions the same to be yearly payed unto him at the said Feasts by the said A. B. his Heirs and To enter and hold for life upon Non-payment Assigns during the natural life of the said G. H. at or in the Middle Temple-Hall London And further to the end intent and purpose That if it shall happen the said â—early Rent or any part thereof to be behind or unpayed at the place of payment aforesaid by the space of twenty days next after either of the said Days of payment That then it shall and may be lawful to and for the said G.
said A. B. to die having one only Daughter of his Body on the Body of the said E. begotten then living or afterwards to be born as aforesaid and that the said onely Daughter shall happen to depart this life before that she shall accomplish the Age of Eighteen years or be marryed or if there happen to be two or more Daughters of the Body of the said A. B. on the Body of the said E. begotten then living Then if both or all of the said Daughters shall happen to die or depart this life before either or any of them accomplish their several Ages of Eighteen years or be marryed as aforesaid That then the several sum and sums of Mony intended for the Portions and Advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levyed out of the Rents Issues and profits of all or any the Premisses all Charges and Expences defrayed wherein a full and liberal allowance shall be made and given shall be satisfied and paid to such person or persons as the said A. B. by any writing under his Hand and Seal subscribed by two or more credible Witnesses or by his last Will and Testament to be subscribed as aforesaid shall limit or appoint And in default of any such Limitation or Appointment to the Executors or Administrators of the said A. B. 13. And upon further trust and confidence Moneys to be paid yearly for maintenance of the Daughters and to the end intent and purpose that the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors and Assigns shall out of the Rents Issues and Profits of the said Messuages Lands Tenements Hereditaments and Premisses so to them limited for raising of Portions as aforesaid with their and every of their Appâ—rtenances levy and pay or cause to be levyed and paid to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Thirty pounds per Annum and if there be two or more Daughters the sum of Twenty pounds per Annum a piece until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years or shall be marryed and her or their Portions paid as aforesaid 14. Provided always and it is the true If the Feoffor c. die without Daughters the Estate limited to be void intent and meaning of all and every the parties to these presents That if the said A. B. shall happen to depart this life without any Issue female of his body upon the body of the said E. begotten or without leaving the said E. with child of one or more Daughter or Daughters that shall be after born alive That then the Estate and Estates so limited as aforesaid to the said C. D. E. F. and G. H. for years as aforesaid shall cease determine and be utterly void 15. Provided also that from and immediately After Portions paid the Estate limited to be void after such time as the said C. D. E. F. and G. H. and the Executors or Administrators of the survivor of them shall or might have limited and raised the said several Portions and present maintenance for such Daughter or Daughters as aforesaid That then the said Estate for years limited in trust as aforesaid to them the said C. D. E. F. and G. H. shall cease dètermine and be utterly void And the said Messuages Lands Tenements and Premisses so to them limited in trust as aforesaid shall immediately go and be to such person and persons to whom the Reversion or remainder of the said Messuages Lands and Premisses shall belong and appertain 16. This Indenture c. Between A. B. An Estate limited to Daughters to cease upon payment of their Portions by the Heir male The Uses of the first part C. D. E. F. and G. H. on the second part and C. B. Son and Heir apparent of the said A. B. and D. B. Wife of the said C. B. on the third part Let there be a Fine Covenanted to be acknowledged or other Conveyance whereupon a use may be raised Covenanted to be made to C. D. E. F. and G. H. To the use of the said C. B. for and during the Term of his natural life and from and after his decease to the use of E. B. his Wife for and during the Term of her natural life for her Ioynture c. And from and after the decease of the said C. B. and E. his Wife to the use and behoof of the Heirs males of the body of the said C. B. on the body of the said E. lawfully begotten and to be begotten and in default of such Issue to the use and behoof of the Heirs females of the body of the said C. B. on the body of the said E. lawfully begotten and to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 17. Provided alwayes That in case the The Proviso said C. B. shall happen to depart this life without Issue male of his body lawfully begotten on the body of the said E. B. If then the said A. B. or any Heir male of his body shall pay or cause to be paid unto the Daughter or Daughters of the said C. B. on the body of the said E. begotten these several sums following that is to say unto such Daughter of the said C. B. in case he shall have but one the full sum of One thousand two hundred pounds of good and lawful money of England and in case he shall have more Daughters then one by the said E. then living the sum of Two thousand pounds of like lawful moneys among and between them equally to be divided the said payment and payments to be made at their respective Ages of eighteen years or Marriage which of them shall fiâ—st happen at or in c. Or if the said A. B. or any Heir male of his body shall at any time or times by such Security as the said C. D. E. F. and G. H. or the survivors or survivor of them shall direct in writing under their hands or the hand or hands of the survivors or survivor of them sufficiently secure the payment of the said sums in manner aforesaid That then and from thenceforth the Estate The Cessar of the Use to the Daughters Vse and Limitation of the Premisses to the Heirs females of the said C B. on the body of the said E. begotten and to be begotten shall cease and determine and the said Fine and Fines shall be and enure And the said Cognizees and their Heirs shall stand and be seised of all and singular the Premisses from and after the decease of the said C. B. and E. B. and payment made or Security given as aforesaid to the use and behoof of the Heirs males of the body of the said A. B. and for
said sum and sums after the Rate of Six pounds per Centum for every year that the same shall be unpaid to be accounted from the end of the four years before-mentioned for payment thereof for the forbearance of the said sum and sums or such part thereof as shall be unpaid as aforesaid And it is likewise meant intended and agreed that after the said sum and sums of Mony with Interest for the forbearance thereof shall be truly paid to the said younger Sons and Daughters they the said C. D. E. F. and G. H. their Executors Administrators and Assigns shall yeild and After the Portions paid to yeild up their interest c. deliver up the Premisses and all their Estate and Interest therein to such Person and Persons to whom the same next and immediately after the expiration of the said Term by the true intent and meaning of these presents shall appertain pursuant to the Trust in them and every of them herein and hereby reposed 21. Provided always and it is concluded Another to pay Portions by power given to grant Annuity or Rent-Charge and agreed by and between all the said parties to these presents That it shall and may be lawful to and for the said A. B. at any time during the term of his natural life by his Deed in Writing under his Hand and Seal duly executed to give grant limit and appoint unto such person or persons as shall to him seem meet and his and their Heirs one Annuity or yearly Rent of Four hundred pounds per annum to be issuing and going out of all and every the Mannor Messuages Lands and Tenements before mentioned with a Clause of Distress for the same or any part thereof when and so often as the same shall be unpaid upon all or any the said Mannor Messuages and Lands in such Writing or Deed to be contained Habendum the said Annuity or yearly Rent-Charge of Four hundred pounds unto the said person or persons and his and their heirs until such time as the sum and sums of money hereafter mentioned shall or may therewith be paid and fully satisfied under and upon such limitations trusts and confidences as hereafter in these presents are contained and expressed the same yearly Rent to be paid at the Feasts of the Annunciation of St. Mary the Blessed Virgin and of St. Michael the Archangel by even and equal Portions and the first Payment thereof to begin at such of the said Feasts as shall happen next after the The trust decease of the said A. B. upon special trust and confidence nevertheless That the said person or persons to whom the said yearly Rent shall be granted as aforesaid and his and their Heirs shall out of and with such sum and sums of money as shall and may be received and had thereof content and pay or cause to be contented and paid as well to the Daughter and Daughters of the said A. B. upon the body of the said E. his Wife lawfully begotten or to be begotten which shall be living at the To pay to the Daughters 300 l. a piece time of the decease of the said A. B. and not then married the full sum of Three hundred pounds a piece for and towards their advancement and preferment in Marriage or otherwise As also to such of the said Daughters of the said A. B. as shall be married in his life-time and whose Marriage-money not exceeding the sum of Three hundred pounds agreed upon by him in his life-time shall be unpaid in part or in the whole at the time of his decease such sum and sums of money as together with such part of the said Marriage-money which shall be paid in the life-time of the said A. B. if any be shall extend to be for every such Daughter Three hundred pounds a piece in the whole the same to be first paid and discharged according to such Covenants Bonds and Agreements as shall be made or entred into by the said A. B. in that behalf And then the other sums aforesaid How to be paid to be levied and paid to every other of the said Daughters successively according to the order and priority of their age and birth And it is further concluded and agreed by and between the said Parties to these presents That The parties to stand seised to the end thâ— Grantee may have or distrain for the Rent the said Conveyances and Assurances to be made and executed as aforesaid shall be and inure And the said C. D. E. F. and G. H. and their Heirs shall stand and be seised of all and every the Mannor Messuages Lands and Premisses before mentioned so to be charged to the end intent and purpose That every such person and persons to whom any such Rent shall be granted limited and appointed according to the true intent and meaning of these presents his and their Heirs and Assigns shall and may from time to time have perceive and enjoy the said Rent according to the purport and effect of such Grant limitation or appointment and may from time to time for non-payment of the said Rent or any part thereof enter into and upon the said Mannor Lands and Tenements so to be charged and distrain for the same and the Arrerages thereof as in case of a Rent-Charge and according to the effect and intent of such Grant Limitation or Appointment CHAP. X. Provision taken for Payment of Debts Legacies c. in the limitation of Vses 1. AS for touching and concerning the said Payment of Debts Legacies c. Messuages Lands Hereditaments and Premisses not herein before limited to the use of the said E. B. wife of A. B. for her Ioynture being parcel of the said Messuages Lands and Tenements comprised in the said Fine to the use and behoof of the said C. D. E. F. and G. H. the Cognizees for and during the Term of one and forty years to commence immediately from and after the decease of the said A. B. upon trust and confidence and to the end intent and purpose that the said C. D. E. F. and Term of 41 years limited upon Trust G. H. their Executors Administrators and Assigns shall and may receive perceive dispose and imploy the Rents Revenues Issues and Profits of the said Messuages Lands Tenements and Premisses respectively for and during the said Term of one and forty years for and towards the satisfaction and payment of all such Debts and sums of Mony which the said A. B. To pay Debts and discharge Sureties Payment of Annuities given to Servants shall happen to owe at the time of his Death or for which any Person or Persons shall at the time of the death of the said A. B. stand ingaged for or with the said A. B. and for his proper Debt and for the payment of such Annuity or Annuities as the said A. B. hath granted or shall hereafter grant or limit to be issuing or going out of
his Heirs and Assigns and all and every other Person and Persons that shall stand and be seized of the said Messuages Lands Hereditaments and Premisses or of any part or parcel thereof shall stand and be seized thereof from and after such default of payment made as aforesaid to the use and behoof of the said A. B. his Heirs and Assigns for ever and not to any other use or uses intents or purposes whatsoever 13. Provided always and it is Covenanted Another being a provision for a youngeâ— Son granted condescended concluded and fully agreed by and between all the said Parties to these presents and the true intent and meaning of them and every of them and of these presents is That if the said C. D. the Elder Brother or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannor of D. in the said County of M. and the Lands Tenements and Hereditaments thereunto belonging or any of them their or some or one of their Heirs or Assigns or some or any of them shall not within two years next after the decease of the said A. B. well and truly pay or cause to be paid unto E. B. one of the Sons of the said A. B. if he the said E. B shall be then living the suâ— of Two thousand pounds of lawful Moneys of England That then and immediately after such default of payment all and every the Vse and Vses herein before limited and declared as for and concerning all the said Mannâ—r of D. and the Lands Tenements and Herâ—ditaments thereunto belonging shall cease and be vaid And then and from thenceforth the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered shall be and inure and the Recoveror and Recoverors therein named his and their Heirs shall stand and be seized of and in the said Mannor and Premisses in the said County of M. to the use and behoof of the said E. B. his Heirs and Assigns for ever 14. Make an Indenture Tripartite between Another â—o alter a use upon payment of a sum in gross A. B. and E. his wife of the first part C. D. and E. F. of the second part and G H. of the third part and let A. B. for himself and E. B. his wife Covenant to levy a Fine to C. D. and E. F. of all those Mannors c. Then add And it is Covenanted granted concluded and agreed by and between all and every the said Parties to these presents for them and every of them their and every of their Heirs and Assigns That the said Fine so to be acknowledged and levyed as aforesaid of the said Mannoâ—s Lands Tenements Hereditaments and Premisses and the Execution thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and of the Heirs of such of them to whom the Inheritance of and in the Premisses shall be limited in and by the said intended Fine shall be and for ever shall be adjudged and taken to be And also that they the said C. D. and E. F. and the Heirs of such of them to whom the Inheritance of the said Premisses shall be limited in and by the said inten 〈…〉 ine shall stand and be seized of and in all anâ— singular the said Mannors Lands Tenements Hereditaments and Premisses and of every part thereof with Th' appurtenances to and for the uses intents and purposes hereafter in these presents mentioned that is to say To the use and behoof of the said G. H. his Heirs and Assigns for The use of the Fine ever under the Proviso Condition and Agreement hereafter in these presents mentioned and contained 15. Provided always and upon Condition Proviso to make void the use upon payment of Money That if the said A. B. his Heirs Executors or Administrators or any of them shall and do well and truly satisfie and pay or cause to be well and truly satisfied and payed unto the said G. H. his Heirs Executors Administrators or Assigns the full sum of One thousand pounds of lawful Moneys of England at or in the Middle-Temple-Hall London in manner and form following viz The sum of Five hundred pounds thereof on the c. That then and from thenceforth the said Vse and Estate of the said G. H. and of his Heirs and Assigns of and in all and every the said Mannors c. shall forthwith cease and be utterly frustrate and void And also that immediately from and after the said sum of One thousand The new use limited after payment pounds shall be fully satisfied and paid as aforesaid the said Fine so intended to be had and levyed as aforesaid and the Estate thereby in any wise to be had or made shall be and for ever shall be taken to be of and in all and every the said Mannors Lands Tenements Hereditaments â—nd Premisses to the use and behoof of the said A. B. and E. his wife for and during their natural lives and for and during the natural life of the longer liver of them and from and after their deceases then to the use and behoof of the Heirs Males of the Body of the said A. B. upon the 〈◊〉 of the said E. B. lawfully begotten and 〈◊〉 default of such Issue to the use To alter an Use upon a Portion given in Marriage paid back if the Marriage take not effect c. 16. To the use of G. H. and his Heirs until the said sum of Five hundred pounds paid by the said G. H. unto the said A. B. as the Marriage Portion of the said E. H. in case the said intended Marriage between the said C. B. the Son of A. B. and the said E. H. shall not take effect before the Feast of c. next ensuing the Date hereof be repayed by the said A. B his Heirs Exâ—â—â—tors or Administrators unto the said G. H. his Executors or Administrators But in case the said Marriage shall take effect Then from and after the said intermarriage had and solemnized the said Fine so to be had and levyed as aforesaid shall be and enure and shall be deemed construed and taken to be and enure to the use and behoof of the said C. B. for and during the term of his natural life and from and after the decease of the said C. B. to the use and behoof of the said E. for and during the term of her natural life And from and after the decease of the said C. B. and E. F. and the Survivor of them To the use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said E. lawfully to be begotten c. And in case the said Marriage shall not take effect before the said Feast of c. That then immediately from and after the said repayment of the said Marriage Portion to be made as aforesaid
will sell convey and assure the said Mannor of C. with the rights members and Appurtenances Lands and Tenements thereunto belonging and every part thereof late the Inheritance of the said E. B. deceased for the best benefit profit and advantage which shall or may be bon â fide had or gotten for the same And that the money to be raised by every such sale and as Disposal of the moneys raised by sale every such sale shall be made shall be forthwith paid and disposed of by the said C. D. and E. F. and the survivor of them and his Heirs as followeth That is to say so much money thereof to the said A. B. his Executors or Administrators as according to the true yearly value of the said Mannor and Lands shall come to Five years and a halfs purchase And the residue of the moneys to be raised by such sale as aforesaid shall be disposed of for and towards the payment of the Debts of the said C. B. and sums of money mentioned in the Schedule hereunto annexed And for and towards the payment of such Legacies as the said C. B. shall by his last Will and Testament Devise and bequeath if any overplus remain after that the said Debts are fully satisfied and paid And in default of such Devise or bequest to the Executors or Administrators of the said C. B. and upon further trust and confidence that the To have the Profits until Sale said A. B. his Executors Administrators or Assigns shall or may have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannor Lands and Premisses hereby limited and intended to be sold until such sale shall be made thereof as aforesaid 11. Provided always and it is the true Uses as to part to be void upon non-payment of a sum to the younger Son of A. B. intent and meaning of these presents That if the said D. B. or such other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannors of A. and B. his their or some of their Heirs or Assigns shall not within Two years next after the decease of the said A. B. and C. B. or the survivor of them well and truly pay or cause to be paid unto the said I. B. second Son of the said A. B. if he the said I. B. shall and do so long live the sum of Two Thousand pounds of good and lawful money of England That then and immediately after such default of payment all and every the Use and Uses herein before declared and limited as for and concerning the said Mannors of A. and B. shall cease and be void And then also and from thenceforth the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered and the Recoveror New Use to the younger Son until he hath raised the sum appointed to him and Recoverors therein named his and their Heirs shall stand and be seised of and in all and singular the said Mannors of A. and B. to the use and behoof of the said I. B. his Heirs and Assigns until he or they shall or may out of the Rents Issues and Profits thereof have fully levied and received the said sum of Two Thousand pounds together with consideration after the rate of Six pounds per Centum per annum for the forbearance thereof from the end of the said Two years next ensuing the deaths of the said A. B. and E. B. or the survivor of them and all damages costs and charges which he the said I. B. his Heirs Executors or Administrators shall sustain or be put unto in or about the Recovering of the said Premisses or the said sum of Two Thousand pounds or any part thereof or in or about any Suit concerning the same And from and after such time as the said I. B. his Heirs or Assigns shall or without fraud or covin might have received the said Two thousand pounds together with consideration for the forbearance thereof as aforesaid and all Charges Expences and Damages as aforesaid touching or in any wise concerning the same out of the Rents Issues and Profits of the said Mannors of A. and B. That then and from thenceforth the said Recovery and Recoveries After the sum satisfied the Uses to be as before shall be and inure as to the said Mannors of A. and B. And the Recoveror and Recoverors therein to be named his and their Heirs and Assigns shall stand and be seised thereof and of every part and parcel thereof to the use of such person and persons and of such Estate and Estates to whom the said Mannors ought to have come and remained by the true intent and meaning of these presents in case the said last mentioned Proviso for touching or concerning the said I. B. or any matter or thing whatsoever therein contained had never been 12. And it is further Covenanted granted The Uses of the Mannor of D. concluded declared and fully agreed by and between all the said Parties to these present Indentures for them and their Heirs respectively and the true intent and meaning of these presents and of all the Parties thereunto is That as to for touching and concerning the said Mannor of D. late part of the Inheritance of the said E. B. with the Rights Members Appurtenances Lands Tenements and Hereditaments thereunto belonging The said Recovery and Recoveries so as aforesaid or in any other manner to be had and suffered And all other Recoveries Conveyances Fines Feoffments and Assurances in the Law whatsoever since the Death of the said E. B. late the Wife of the said A. B. had made levyed suffered acknowledged or executed or to be had made levyed suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereto they or any of them shall be Parties of for or concerning the said Mannor of D. or any part or parcel thereof either solely or together with other the said Mannors Lands Tenements and Hereditaments or any of them shall be and inure and shall be adjudged deemed esteemed reputed and taken to be and inure to the uses behoofs intents and purposes as to the said Mannor of D. with the Rights Members and Appurtenances thereof and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed that is to say To the use and behoof To C. B. for life and after to his wife for life of the said C. B. and his Assigns for and during the Term of his natural life without impeachment of or for any manner of Waste and from and after his decease to the use and behoof of M. B. his Wife for and during the term of her natural life And from and after the decease of the Survivor of them the said C.
And that in Clause of Distress default of payment of the said yearly Rent or of any part thereof at either of the Feasts or Days of payment aforesaid contrary to the true intent and meaning of these presents Then and so often it shall and may be lawful to and for the said C. D. and G. and the Survivor of them and their and either of their Assigns into the said Mannors Messuages c. to enter and distrain for the said yearly Rent of Two hundred pounds per annum or any part thereof and for the Arrears thereof if any shall be and the Distress and Distresses there taken and had to lead drive take and carry away impound detain and keep until they and every of them shall of the said yearly Rent of Two hundred pounds per annum and of the Arrearages thereof if any shall be be fully satisfied and payed 5. And as to for and concerning the said Disposition of the Premisses after the Fathers death Mannors Messuages Lands Tenements and Hereditaments before mentioned and every part and parcel thereof It is further Covenanted concluded and agreed by and between the said Parties to these presents That the said Fine shall be and inure and the said Cognizees therein to be Named and the Survivor of them and his and their Heirs shall stand and be seized of the said Mannors Messuages Lands and Premisses To the use and behoof of the said A. B. for and during the Term of his natural life without impeachment of or for any manner of Waste and from and after the decease of the said A. B. to the use and behoof of the said C. B. for and during the term of his natural life without impeachment of or for any manner of Waste and from and after the decease of the said A. B. and C. B. to the use and behoof of the said G. for and during the term of her natural life in case the said Marriage take effect and she shall happen to survive the said C. B. in full satisfaction of Dower a 〈◊〉 whether this be good within the Stat. of 27 H. 8. because it may possibly take no effect immediately after Husbands death Vide Coke sur Lit. 36 b. Proviso to chang the use limited to Daughters upon Portions paid c. And after the deceases of the said A. B. C. B. and G. To the use and behoof of the Heirs Males of the Body of the said C. B. on the Body of the said G. lawfully to be begotten and in default of such Issue to the use and behoof of the Heirs Females of the Body of the said C. B. on the Body of the said G. lawfully to be begotten and for default of such Issue to the use and behoof of the Heirs Males of the Body of the said A. B. lawfully to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 6. Provided always That the said A. B. or any Heir Male of his Body in case the said C. B. shall happen to die having no Heir Male of the Body of the said C. B. on the Body of the said G. begotten then living shall pay or cause to be paid unto the Daughter and Daughters of the said C. B. on the Body of the said G. to be begotten These several sums following of lawful Moneys of England viz. unto the Daughter of the said C. B. in case he hath but one the full sum of One thousand and two hundred pounds and in case he shall have more Daughters then one by the said G. then to all the said Daughters of the said C. B. the sum of Two thousand pounds among and between them equally to be divided The said payments to be made at their respective Ages of Eighteen years or Days of Marriages which of them shall first happen Or if the said A. B. or any Heir Male of his Body shall at any time or times by such Security as the said C. D. and E. F. or the Survivor of them shall direct in writing under their Hands or the Hand of the Survivor of them sufficiently secure the payment of the said sum or sums in manner aforesaid That then and from thenceforth the Estate use and limitation of the Premisses to the Heirs Females of the said C. B. on the Body of the said G. to be begotten shall cease and determine And the said Fine and Fines shall be and inure and the said Cognizees and their Heirs shall stand and be seized of all and singular the Premisses from and after the death of the said C. B. and G. and payment made or Security given as aforesaid to the use and behoof of the Heirs Males of the Body of the said A. B. and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever With usual Covenants vide Chapter 14. 7. This Indenture c. Between A. B. of the one part and C. D. and E. F. of the other A Joynture made before Marriage with a Widow with several useful Covenants Vide Chap. 5. Sect 21. The Uses part Witnesseth that for and in consideration of a Marriage to be shortly had and solemnized between the said A. B. and E. G. of Widow late the Wife of H. G. deceased and for the future good and advancement of the said E. G. and in testimony of the singular good will and affection which he the said A. B. hath and beareth unto the said E. G. and for other good Causes and Considerations him the said A. B. thereunto moving He the said A. B. doth Covenant c. Here put a Covenant with C. D. and E. F. to stand seized from and after the said intermarriage of and in a Mannor a c. To the onely use and behoof of the said A. B. and of the said E. and of the Heirs and Assigns of the said A. B. for ever for the Joynture of the said E. in case she shall happen to survive and over-live the said A. B. and in full satisfaction of Dower c. vide before Sect. 2. in this Chapter 8. And the said A. B. for himself his Covenants against Incumbrances Heirs Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Executors and Administrators by these presents in manner and form following that is to say That he the said A. B. his Heirs Executors Administrators and Assigns shall and will from time to time and at all times hereafter well and sufficiently save defend and keep the said Mannor c. and all other the Premisses and every part and parcel thereof of and from all and all manner of former and other Bargains Sales c. as in a Covenant against Incumbrances And that the said Mannor Lands Tenements and other the Premisses now are and be of the
That the Mannor is of such value Further Assurance clear yearly value of One Hundred pounds per annum over and above all Charges and Reprises And here also may be added a Covenant from A. B. for further Assurance c. viz. for the better and more perfect assuring and sure making of all and singular the Premisses to the said E. G. for term of her life only in form aforesaid And that all and every Feoffments Fines Conveyances and Assurances to be had made knowledged done suffered or executed of the said Premisses or any part thereof by the said A. B. during the life of the said E. shall be and inure to the uses intents and purposes aforesaid and to none other use intent or purpose whatsoever And further that she the said E. To enjoy from and after the decease of the said A. B. according to the intent and true meaning of these presents shall or lawfully may during the term of her natural life have hold and quietly enjoy the said Mannor c. without any lawful let suit eviction or interruption of the Heirs or Assigns of the said A. B. or of any other person or persons whatsoever lawfully claiming by from or under the said A. B. his Heirs or Assigns or any of them 9. And the said A. B. for himself his Executors Not to intermeddle with his Wives Childrens Portions and Administrators doth Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Executors and Administrators by these presents that he the said A. B. his Executors or Administrators shall not at any time or times hereafter have receive take or any way intermeddle with the Portion or Portions Legacy or Legacies or any part thereof appertaining or belonging given or bequeathed due or to be due to I. G. B. G. and R. G. the Children of the said E. G. or any of them or with the increase or profits thereof or by reason of the same arising coming or growing or that hereafter shall arise come or grow of the same or any part or parcel of the same increase other than such parcel thereof as by Covenant hereafter in these presents expressed is yearly to be paid unto the said A. B. or his Assigns for and towards the charges of bringing up the said Children but shall permit and suffer the said C. D. and E. F. and the Survivor of them and the Executors or Administrators of the Survivor of them to have the ordering putting forth and disposing of the said Portion and Portions Legacy and Legacies sum and sums of Mony appertaining and belonging unto the said Children and every of them and every part and parcel thereof and of the increase and profits arising by the said Moneys and every part thereof for the benefit and advantage of the said Children respectively according to the appointment and direction of the said E. G. 10. And that he the said A. B. shall deliver To deliver up all the Specialties which touch the Childrens Portions to the Trustees To make Letters of Attorney to suâ— for Portions or cause to be delivered unto the said C. D. and E. F. or the survivor of them upon reasonable request by him or them to be made all such Bonds Obligations and Specialties wherein or whereby any person or persons are or do stand bound unto the said E. for touching or concerning the said Portions or Moneys of the said Children or any of them as shall come unto the hands or possession of the said A. B. and shall also make seal and duly execute unto the said C. D. and E. F. or the survivor of them such Letter or Letters of Attorney for the better enabling them or the survivor of them to sue for and recover the sum and sums of money contained in the said Bonds Obligations and Specialties or any of them as by the said C. D. and E. F. or the Survivor of them or the Counsel Learned of them or the Survivor of them shall be devised advised or required for the use and benefit of the said Children And that the said A. B shall not release or discharge Not to discharge Specialties or release Suits the said Bonds Obligations or Specialties or any of them or any Suit Action or Actions Judgment or Judgments to be had or prosecuted upon the said Bonds Obligations or Specialties or any of them by force of the Authority to be given as aforesaid nor shall at any time hereafter release or countermand the said Letter or Letters or Attorney to be given as aforesaid or any of them 11. And that he the said A. B. shall and To permit his Wife to make a Will will permit and suffer the said E. to dispose by her last Will and Testament in Writing to any Person or Persons whatsoever any sum or sums of Mony at her pleasure not exceeding in the whole the sum of Five hundred pounds And that he the said A. B. shall not any way countermand or revoke the same And that he the said A. B. his Executors and Administrators in case he shall happen to survive the said E. shall and will well and truly satisfie content and pay or cause to be satisfied contented and payed the Legacies in and by the said Will of the said E. to be devised as aforesaid or so much of them as shall not exceed the sum of Five hundred pounds according to the purport and true meaning thereof within one year next after the decease of the said E. upon the lawful and reasonable demand of the several and respective Legacies to whom such Legacy or Legacies shall be given as aforesaid 12. And the said C. D. and E. F. for them The Trustees to make yearly allowance for the Childrens Maintenance and either of them their and either of their Executors and Administrators do Covenant and grant to and with with said A. B. his Executors and Administrators by these presents That they the said C. D. and E. F. or one of them their or one of their Executors or Administrators shall and will yearly from and after the said Marriage so had and solemnized as aforesaid and during so long time as the said Children or any of them shall be at the finding and providing of the said A. B. well and truly pay or cause to be paid unto the said A. B. for every of the said Children so sojourning with and being provided for by the said A. B. the sum of c. per annum at the Feasts of c. by equal portions out of the increase and profit arising and accruing by their respective Portions as aforesaid And that the said C. D. and E. F. and the Survivor of them shall imploy and bestow the residue of the said increase and profit in such sort and manner as the said E. shall direct and appoint for the further benefit and advantage of the said Children And that they To
upon this further Maintenance allowed to the Daughters until Portions paid trust and confidence and to the end intent and purpose that the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors and Administrators shall out of the Rents Issues and Profits of the said Mannor of B. c. and Premisses so to them limited for raising of Portions no aforesaid with their and every of their Appurtenances levy and pay or cause to be levyed and payed to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Fifty pounds per annum and if there be two or more Daughters the sum of Thirty pounds per annum a piece until such Daughter or Daughters respectively shall attain to her or their Age or Ages of Eighteen years or shall be Marryed and her or their Portions payed as aforesaid 17. Provided always and it is the true intent and meaning of these presents and of all If A B. die without Daughters the limitation for years to cease the Parties hereunto That if the said A. B. shall happen to depart this life without any Issue Female of his Body upon the Body of the said E. begotten or without leaving the said E. with Child of one or more Daughter or Daughters that shall be born alive That then the Estate so limited as aforesaid to the said C. D. E. F. and G. H. for one and twenty years shall cease determine and be utterly void Provided also That from and immediately after such After the Portions raised the Estate limited for years to cease time or times as the aforesaid C. D. E. F. and G. H. their Executors or Assigns shall or might have levyed and raised the said several sums for Portions and present maintenance of such Daughter and Daughters as aforesaid that then the said Estate for years limited to them in trust as aforesaid shall cease determine and be utterly void And the said Mannor of B. and all and singular other the Premisses so to the said C. D. E. F. and G. H. limited for years in trust as aforesaid shall immediately go and be to such Person and Persons to whom the Reversion or Remainder of the Premisses shall belong and appertain 18. Provided always and upon this further The limitation to Wife as to a 5th part to be altered upon her second Marriage Condition and to the further use intent and purpose That if the said A. B. happen to depart this life leaving one Son or more of his Body on the the Body of the said E. lawfully begotten And the said E. do him survive and do afterwards intermarry or take another Husband That then from and immediately after such Marriage as aforesaid As for and concerning one fifth part of the said Mannor of A. c. the whole in five parts being divided before in and by these presents limited and appointed or mentioned to be limited and appointed to and for the Ioynture of the said E. the use and Estate thereof limited and appointed as aforesaid to the said E. shall cease determine and be utterly void and that then and from thenceforth the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Heirs and Assigns shall stand and be seized of the said fifth part of the said Mannor of A. c. immediately from and after the said intermarriage to the use and behoof of the said Son or of the eldest Son in case there be more for and during the term of the natural life of the said E. Any thing herein before contained to the contrary thereof in any wise notwithstanding Here may be added a Covenant to alter the use to the Wife in case of Usual Covenants her suit for Dower vide Sect. 13. in this Chapter and also Covenants that A. B. is seized in Free and hath authority to assure the Premisses to the uses before and to make further assurance vide Chap. 14. and also a Power to A B. to revoke all the uses except what is limited to his Wife vide Cap. 11. 19. This Indenture c. Between A. B. on A Rent setled on the intended Wife for satisfaction of Dower Consideration the one part and C. D. and E. F. on the other part Whereas a Marriage is by the grace of God to be shortly had and solemnized between the said A. B. and E. D. Daughter of the said C. D. Now witnesseth this present Indenture that for the absolute and perfect Ioynture of her the said E. D. in case the said Marriage take effect and for and in recompence barr and full satisfaction and discharge of all and singular the Dower or Title of Dower which the said E. D. shall or may have or lawfully claim of in or to the Lands Tenements or Hereditaments of the said A. B. he the said A. B. hath given granted enfeoffed and confirmed and doth by these presents give grant enfeoff and confirm unto the said C. D. and E. F. their Heirs and The Feoffment Assigns for ever All that c. To have and to hold the said Messuage Lands Tenements and Premisses and every part and parcel thereof with their and every of their Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever To the uses intents and purposes hereafter mentioned that is to say To The uses to charge the same with a Rent the use end and intent that the said E. D. in case the said Marriage take effect may immediately from and after the decease of the said A. B. if she happen to survive him have perceive and take out of the said Messuage Lands Tenements and Premisses for term of her natural life One annual Rent or yearly sum of One hundred pounds per annum of good and lawful Mony of England at two days or Feasts in the year that is to say At the Feast of Thâ—â—nnunciation of St. Mary the blessed Virgin and the Feast of St. Michael Thâ—archangel by even and equal portions the first payment thereof to begin at such of the said Feasts as shall next and immediately happen from and after the decease of the said A. B. To have perceive and enjoy the said Annuity or yearly Rent of One hundred pound per annum from and after the decease of the said A. B. unto the said E. and her Assigns for and during the term of her natural life the first payment thereof to begin as aforesaid 20. And further to this use intent and purpose That if it shall happen the said Annuity Clause of Distress or yearly Rent of One hundred pounds per annum or any part thereof to be behind or unpayed after either of the said Feast Days whereon the same ought to be paid as aforesaid That then and from thenceforth it shall and may be lawful to and for the said E.
c. to enter and distrain as in a grant of a Rent And as for touching and concerning all and every the said The use of the Lands charged Messuage Lands Tenements and Premisses herein before mentioned to be granted enfeoffed and confirmed unto the said C. D. and E. F. and their Heirs It is the true intent and meaning of all the Parties to these presents That the said C. D. and E. F. and their Heirs shall stand and be seized thereof and of every part and parcel thereof to the onely use and behoof of the said A. B. his Heirs and Assigns for ever and to no other use intent or purpose whatsoever nevertheless the said Premisses to be charged and chargable with the said Annuity or yearly Rent as aforesaid CHAP. XVII Containing several Covenants used upon Vide Chap. 4. Covenants upon Settlements Marriages and in Joyntures made 1. THis Indenture made c. Between A. B. of the one part and C. D. of the other part Witnesseth That it is Covenanted granted concluded and agreed by and between the said Parties in consideration of a Marriage to be had and solemnized between C. B. Son of the said A. B. and E. D. Daughter of the said C. D. in manner and form following Covenant to pay the Portion after Marriage And first the said C. D. doth for him his Executors and Administrators Covenant and grant to and with the said A. B. his Executors and Administrators by these presents That in case the said Marriage take effect he the said C. D. his Executors or Administrators shall and will within one Month after the said Marriage had and solemnized pay or cause to be paid unto the said A. B. his Executors or Administrators as the marriage Portion of the said E. the sum of Five hundred pounds of lawful moneys of England at or in the now dwelling House of the said A. B. scituate in c. 2. And the said A. B. doth for himself his To pay a sum if he refuse the Marriage Executors and Administrators Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That in case it shall fortune that the said C. B. his Son shall refuse or disagree to the said Marriage or that the said Marriage shall not take effect and be had and solemnized within three Months next ensuing the Date hereof through the default mislike means or procurement of the said A. B. and C. B. or either of them That then the said A. B. his Executors or Administrators shall and will well and truly pay or cause to be paid unto the said C. D. his Executors or Administrators within six Months next ensuing the Date hereof the sum of One hundred pounds of lawful Moneys of England at one intire payment to and for the use of the said E. D. in case she the said E. shall so long live and for her advancement and preferment in Marriage and as an augmentation of her Portion and livelyhood 3. And the said A. B. for himself his Executors and Administrators doth Covenant and To maintain the young pair grant to and with the said C. D. his Executors and Administrators by these presents That in case the said Marriage shall take effect according to the true meaning of these presents That then he the said A. B. his Executors or Administrators shall and will well and sufficiently maintain provide for find keep and sustain the said C. B. and E. his Wife and all the Issue of their two Bodies begotten from time to time and at all times immediately from and after the said Marriage between the said C. B. and E. so had and solemnized as aforesaid during the natural life of him the said A. B. with sufficient and convement Meat Drink Lodging and House-room according to their quality and degree 4. And further that he the said A. B. shall To give or leave by Will 1000 l. and will either in the life time of the said A. B. or by his last Will and Testament leave give devise assure or pay or cause to be well and truly contented and payed unto the said C. B. or to the said E. in case she shall survive the said C. B. and the said C. B. shall happen to die during the life of the said A. B. or to the Child or Children between them to be begotten in case the said C. B. and E. shall both happen to die in the life time of the said A. B. to be equally divided between them the sum of One thousand pounds of lawful Mony of England to be payed within two years after the decease of the said A. B. at the farthest in case the same shall not be payed or satisfied in his life time 5. And that he the said A. B. shall and will To do further acts to ratifie these Covenants at any time or times during the space of two years next ensuing the Date hereof upon reasonable request and at the cost and charges in the Law of the said C. D. his Executors or Administrators make do seal deliver and duly execute all and every such further Act and Acts Thing and Things Deed or Deeds Assurance or Assurances whatsoever as shall be reasonably devised or required by the said C. D. his Executors or Administrators or his or their Counsel learned in the Law for the ratifying perfecting and sure making of the Covenants Grants Payments and Agreements before in these presents expressed and declared which on the part and behalf of the said A. B. his Executors or Administrators are to be kept performed and accomplished according to the intent and true meaning of these presents So that such Act or Acts Thing or Things Deed or Deeds Assurance or Assurances extend no farther thâ—â— to the said A. B. his Executors or Administrators or the Goods and Chattels of the said A. B. In Witness 6. And the said A. B. for himself his Executors A Covenant for to permit the Wife to make a Will and Administrators doth Covenant and grant to and with the said C. D. and E. F. the Trustees on the Womans behalf that if it fortune the said E. the intended Wife after the said Marriage had and solemnized to die and decease in the life time of the said A. B. That it then shall and may be lawful to and for the said E. at her free will and pleasure to make publish and declare one Will and Testament in Writing under her Hand and Seal and thereby to dispose will give and bequeath to any her Children Servants or Friends for their preferment or advancement any sum or sums whatsoever not exceeding in the whole the sum of Two hundred pounds of the Goods and Chattels which the said E. shall be possest of at the time of the said intended Marriage and if it fortune the said Goods or Chattels after Marriage had to be sold or otherwise disposed of by the said A. B.
before such Will or Testament made by the said E. Then of so much of the Goods and Chattels of the said A. B. as shall amount to or not exceed the said sum of Two hundred pounds without any let disturbance or contradiction of the said A. B. and in as large and ample a manner as if the said E. were then a Feme sole and unmarryed 7. And further that she the said E. shall Another to the same purpose or may at any time during the Coverture between her and the said A. B. without any lett or disturbance of the said A. B. or of any other by his means make and declare her Will and Testament and thereby or by any other Writing by her to be subscribed in the presence of two or more credible Witnesses give bequeath assign or appoint to any person or persons whatsoever any sum or sums of money so as the same exceed not in the whole the sum of Two Hundred pounds of lawful moneys of England And that if he the said A. B. do over-live the said E. That then and not otherwise he the said A. B. his Executors or Administrators shall and will within Six Moneths after the decease of the said E. and after request to him or them to be made in that behalf execute and perform or cause to be executed and performed the same her Will and Testament Gift Bequest Assignment or Appointment to any value not exceeding in the whole the said sum of Two Hundred pounds according to the intent and true meaning of the said Will or Writing That if the Lands setled in Joynture fail of the value the Fxecutors of the Husband to make it up 8. And the said A. B. for himself his Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Executors and Administrators by these presents That in case the said E. shall survive the said A. B. and shall be minded to lett the Premisses before limited and appointed to her for her Ioynture to Farm for a yearly Rent and shall make offer so to do to the Executors or Administrators of the said A. B. or any of them and that they shall upon such offer made refuse to take the same to Farm at the yearly Rent of Thirty pounds per annum of lawful money of England That then and in such case the said Premisses shall be rated and valued by Four substantial men of the same Parish where the said Messuage and Lands are scituâ—te and do lye whereof the said Executors or Administrators are to choose Two and the said E. the other Two at a certain yearly value according as other Lands of like quality and goodness are lett within the said Parish And in case the said rate and value made and put upon the said Premisses as aforesaid shall not amount unto the said sum of Thirty pounds per annum the said Executors or Administrators shall and will well and truly pay or cause to be paid unto the said E. so much lawful money of England yearly and every year on the Feast Day of St. Michael the Archangel as shall make up the said yearly value or Rate of Thirty pounds per annum until such time as they can procure a good and sufficient Tenant to take the same at the said Rate of Thirty pounds per annum under such Covenants and Agreements as other Lands are usually letten within the same Parish and for the term of One and Twenty years or more determinable upon the death of the said E. 9. And further for and upon the Consideration To make up what shall be evicted of the Lands setled in Joynture aforesaid he the said A. B. doth for him the said A. B. his Executors and Administrators Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Executors and Administrators That if the said E. his now Wife shall happen to survive and over-live him the said A. B. and shall at any time after the decease of the said A. B. be lawfully evicted or put out of or from the said Messuage and other the Premisses limited to her as aforesaid for her Ioynture or any part or parcel thereof That then the Executors or Administrators of the said A. B. shall well and truly pay or cause to be paid unto the said E. so much lawful money of England for the said Premisses or part thereof being so evicted from the said E. as aforesaid as the same shall amount unto at the Rate of Six years purchase for and according to the yearly value of the same within Three moneths after such eviction 10. And the said A. B. for himself his Executors To pay back part of the Portion if the Wife die c. and Administrators doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That in case the said E. shall happen to depart this life within Three years after the said Marriage had and solemnized as aforesaid without having any Issue of her Body lawfully begotten by the said A. B. then living That then and in such case the said A. B. his Executors or Administrators shall and will for and in respect of the said sum of Five Hundred pounds of lawful moneys of England by him received as aforesaid as the Marriage-Portion of the said E. repay and satisfie or cause to be repayed and satisfied unto the said C. D. the sum of Three Hundred pounds of lawful moneys of England at one entire payment within Six moneths next after the decease of the said E. CHAP. XVIII Containing the General words commonly used for the passing of Mannors Messuages Lands c. 1. ALL that the Mannor of L. with A Mannor Th' appurtenances in the County of M. And also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasowes Pastures â—eedings Waies Wastes Waste-grounds Commons Commodities Moors Marishes Wood-grounds Woods Vnder-woods Waters Water-courses Ponds Pools Liberties Fishings Rents Reversions Services Fines Amerciaments Court-leets Courts-baron Views of Frank-pledge and profits of Courts and all that to Courts and Leets belongeth Waifs Estrays Goods and Chattels of Felons and Fugitives Customs Rights Iurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with Th' appurtenances of whatsoever kind nature or quality or by whatsoever Name or Names they are called or known by scituate lying and being coming renewing arising or growing in L. aforesaid or elsewhere in the said County of M. to the said Mannors Messuages Lands Tenements Meadows Pastures Feedings and other the Premisses or to every or any of them in any wise belonging or appertaining or incident thereunto or as part parcel or member thereof or at any time heretofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof 2. All that the Mannor or Lordship
aforesaid together with average accustomed 12. And it is agreed by and between the said Parties to these presents That all Port-charges Port-charges that shall arise and grow due to be payed for and in respect of the said Ship in the said intended Voyage shall be satisfied and payed in manner and form following viz. â…” Parts thereof by the said C. D. his Factors or Assigns and â…“ Part thereof by the said A. B. his Executors or Assigns 13. And it is agreed by and between the said Parties to these presents notwithstanding To stay over and above the Days limited at each Port. any matter or thing herein before conteined that in case necessity shall require it shall and may be lawful to and for the said C. D. his Factors or Assigns or any of them to keep the said Ship at Demorage at the several places and Ports aforesaid of Nantz St. Michael Terceras and Fyal the space and time of thirty Dayes and no more after the end and exspiration of the said sixty Dayes before limited for the said ship to stay at the said places and Ports That is to say viz. Ten Dayes at Nantz ten Dayes at St. Michael and ten Dayes at Terceras and Fyal before mentioned for every Day of which Demorage over and above the said sixty Dayes the said C. D. his Factors and Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors Administrators or Assigns the sum of three pound How much to pay per Diem of lawful Moneys of England and the said Moneys that shall arise and grow due for demorage as aforesaid shall be paied c. here set down the Day when 14. And it is moreover agreed by and between The Master to have money paid him in the voyage c. the said Parties to these presents that the said C. D. his Factors or Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors or Assigns or such as shall be Master of the said ship for the time being all such sum and sums of Money as he or they shall have occasion for at the Island of St. Michael and at Terceras and Fyal aforesaid so that all the said sum and sums of Money so to be payed as aforesaid exceed not in the whole the sum of c. Which said sum and sums of Money so to be payed are to be deducted upon the payment made for the freight of the said Ship in manner and form aforesaid 15. And it is agreed by and between the said Not to lade any goods except the Merchants Parties to these presents that the said Master his Factors or Assigns shall not lade or cause to be laden any Goods or Merchandises aboard the said Ship for any other Merchant and Person whatsoever except the said C. D. save only the quantity or proportion of five Tuns which the said Master or his company may lade for their own use at the time of Lading the said ship at the several Ports aforesaid without allowance for the same That the Ship is strong and well apparelled c. and 20 men and a boy therein if occasion shall require 16. And the said A. B. for himself his Executors and Administrators doth covenant and grant to and with the said C. D. his Executors Administrators and Assigns by these presents That the said Ship at the time of her departure from and out of the said Riuer of Thames upon her said intended Voyage shall be strong and sufficiently victualled tackelled furnished and apparelled with masts sails anchors cables ropes cords boat and Dars twelve pieces of Ordinance guns gun-powder shot tackle apparel ammunition and furniture meet and needful for the said Ship and Voyage together with a Master and twenty men and one boy which men and boy or so many of them The men and boy to attend the Merchant c. as shall be needful shall be readie at all due and convenient times with the said Ship-Boat to serve the said Master his factors or assigns to and from the land during the said Voyage and to discharge and relade the said Ship as occasion shall serve 17. And to the performance of all and singular the Covenants Grants Articles agreements The Parties mutually bind themselves in a penalty to perform the Covenants and other things herein before conteyned by and on the part and behalf of the said A. B. his executors or administrators to be done and performed as aforesaid the said A. B. binds himself his erecutors and administrators and especially the said ship with her tackle apparel and furniture unto the said C. D. his executors administrators and assigns in the penal sum of One thousand pound of lawful Moneys of England by these presents to be well and truly payed unto the said C. D. his executors administrators or assigns upon the Non-performance or Non-observance of any of the said Covenants and agreements on his part to be done and performed according to the intent and true meaning of these presents The like for the other Partie who is to bind himself his Executors and Administrators and his Goods and Chattels in the like penalty of One thousand pound to performe c. In Witness c. Another where the Ship is to take in her first Lading at several Ports 18. THis Charter-Partie Indented of Affreightment made the c. Between A. B. Citizen and Alderman of London and E. F. Citizen and Draper of London Owners of the good Ship called the P. of London of the burthen of 140 Tuns or there abouts riding at this present on the River of Thames within the Port of London whereof is Master under God for this Voyage T. W. on the one Part and C. D. The grant to freight and hire of the Ship of London Merchant on the other Part Witnesseth That the said A. B. and E. F. have granted and letten the said Ship to freight to the said C. D. and the said C. D. hath hired the said Ship for a Voyage to be made by Gods Grace in manner and form following That is to say 19. The said A B. and E. F. for them and either To stay so long in the Toames before Lading of them their and either of their executors and administrators do covenant and grant by these presents to and with the said C. D. his executors and administrators and either of them in manner and form following that is to say That the said Ship shall ride and â—arry within the River of Thames in the Port aforesaid until the tenth day of c. next ensuing the Date hereof and shall receive into her all such goods wares and Merchandizes which it shall please the said C. D. his factors or assigns there to charge and To receive in Lading lade into and aboard her before the said tenth Day of c. and not to receive into the said Ship before
her departure any of the goods or merchandizes of any other person or persons whatsoever except the said C. D. without the special consent and agreement of the said C. D. his Factors or Assigns first thereunto had and obtained except three Dacks of Merchandizes freight-fee of the said E. F. 20. That the said Ship with the first good Wind and Weather that God shall send next after The second place where the Ship is to receive more lading the said tenth day of c. shall depart and sail from the Port of the said City of London with the said received Goods of the said C. D. the perils and dangers of the Sea excepted unto Gore-End within the Realm of England where she shall tarry and abide the space of twelve dayes next ensuing her first arrival there at an anchor there to receive into her freight Fee as much Corn as she can safely stow and carry over and besides her Victual Tackle Apparel and Furniture and over and besides the said Goods by her received at London as aforesaid 21. And moreover that the said Ship with The place applied to for discharge and reladeing the first good Wind and Weather that God shall send next after the end and exspiration of the said twelve dayes shall directly sail the dangers and perils of the Sea excepted from Gore-End aforesaid unto L. within the Realm of P. as near to the said Town as she may safely arrive to make her right discharge where the said ship shall tarrie by the space of forty dayes next ensuing her first arrival there at an anchor as well to discharge Time given to discharge and relade the said Goods received into her within the said Port of London and at Gore-End as aforesaid as also to relade and recharge into her the said ship 140 Tuns in the whole of such goods wares and merchandizes as it shall please the said Merchant his factors or assigns there within the said forty Dayes to lade in and aboard the said ship before her departure and not there to receive any other goods of any other person or persons whatsoever except what shall be laded as aforesaid accompting so much to every Tun and here seâ— down how much of each particular shall be accompted to the Tun if it may be 22. Nevertheless it is agreed by and between the said Parties to these presents And the said A. B. and E. F. for them and either of them their and either of their executors and administrators do covenant and grant to and with the said C. D his More dayes given to lade in if the other suffice not Executors and Assigns by these presents That if the said C. D. his factors or assigns cannot within the said forty Dayes lade the said ship at L. as aforesaid that then the said ship shall there tarrie and abide the space of ten Dayes next after the End and Expiration of the said forty Dayes 22. And that the said ship being as is before mentioned laden at L. aforesaid shall with The discharge of the Ship the first good Wind and Weather that God shall send next afâ—er the Expiration of the said abiding Dayes or so soon as she shall be laden directly sail from thence the dangers and perils of the Sea excepted and apply to A. or London or such of the said places where it shall please the said Merchant his Factors or Assigns that the said ship shall make her discharge 23. And the said C. D for himself his Executors To charge and discharge the Ship within Time limited Administrators Factors and Assigns and for every of them doth Covenant and Grant by these presents to and with the said A. B. and E. F. and either of them their and either of their Executors Administrators and Assigns that he the said C. D. his Executors or Assigns shall and will within the said Ports of London and Gore-End charge and lade the said Ship within the Times before limited and appointed for the same and shall and will discharge and relade the said Ship at L. aforesaid within the Kingdom of P. within the Times before limited and appointed for the same And shall and will discharge and unlade the said Ship at London or A. aforesaid within the Time and Space of c. Dayes 24. And also that he the said Merchant his To give noticâ— where to discharge Factors or Assigns shall and will within the said abiding Dayes at L. aforesaid and so soon as the said Ship shall be there as is aforesaid laden give notice unto the said Master or his Assigns where the said Ship shall make her right Discharge that is to say whether at A. or at London aforesaid 25. And that the said C. D. his Factors or Assigns shall well and truly pay or cause to be Payment for freight of the Ship payed unto the said A. B and E. F. or one of them their or one of their Executors or Assigns for every Tun of the said Ships lading that shall be discharged at L. aforesaid the sum of c of lawful Moneys of England and for every Tun that shall be discharged or unladen out of the said Ship at A. or London aforesaid the sum of c. of like Moneys which said Moneys shall be payed in manner and form following That is to say The one Moiety thereof within ten Dayes next after the said Discharge of the said Ship at A. or London as aforesaid And the remaining Moiety thereof within one Month next after the End and Exspiration of the said ten Dayes together with Petie-loadmenage Primage and Average wont and accustomed 26. And that the said C. D. his Factors or Payment for demorage Assigns shall and will for every Day that the said Ship shall tarry and abide at L. aforesaid over and above the said forty Dayes truly pay or cause to be payed to the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns the sum of c. of lawful Moneys of England at the Day and Time when the last Moneys payable for the freight of the said ship is to be payd by the true intent and meaning of these presents 27. And the said A. B. and E. F. do covenant That the Ship shall be able to receive into her 140 Tun and be well furnished c. grant and warrant by these presents to and with the said Merchant that the said Ship shall be able to receive into her under-Hatches at L. aforesaid over and besides her Victual Tackle and Apparel the said quantity of 140 Tuns and that the said Ship is and shall be strong and stanch and well and sufficiently victualled tackelled apparelled and furnished with Masts Sails Sail-yards Anchors Cables Ropes Cordes Gun-shot Gun-powder Artillerie Tackle Apparel Boat and Furniture meet and convenient for such a Ship and for such a Voyage together with an able Master twenty six able men
their or one of their Factors or Assigns And from thence shall sail and take her direct course as Wind and Weather shall serve with as much speed as may be the perils and The second place of application to unlade and relade dangers of the Sen excepted unto the Island of 1. in Grecia under the Government of the Seigniorie of Venice and there shall stay and abide by the space of forty Working Dayes next after her first Arrival there to unlade such Goods and Merchandizes as is or shall be there appointed as aforesaid to be unladen and within the said time shall relade such Goods Wares and Merchandizes as the said E. F. and G. H. or either of them their or either of their Factors or Assigns shall think fit to charge and relade aboard and into the said Ship that is to say so much as the said ship can conveniently slow and carry over and above her Victual Tackle Ammunition Apparel and Furniture 42. And that the said Ship with her said Her return for her last discharge burthen shall with the first Good Wind and Weather that God shall send after the Exspiration of the said forty Dayes the perils and dangers of the Sea excepted sayl and come from the said Island of 1. unto the City of London or as near thereunto as she conveniently may for her right discharge 43. And the said E. F. and G. H. for themselves Payment for the freight and â—ire and either of them their and either of their Executors and Administrators do covenant and grant to and with the said A. B. and C. D. and either of them their and either of their Executors Administrators and Assigns by these presents That they the said E. F. and G. H or one of them their or one of their Executors Administrators or Assigns shall and will truly pay or cause to be payed to the said A. B. and C. D. or one of them their or one of their Executors or Administrators within the City of London for every Tun of such Wares and Merchandizes as shall be laden and unladen in the said Ship during the said Voyage the sum of c. accompting so much to the Tun c. for the Part and Interest of the said A. B. and C. D. in the said Ship and for and in respect of the freight and hire of their Part of the said Ship which said Money is to be payed in manner and form following That is to say one third Part thereof upon the right discharge of the said Ship and one other third Part thereof within the space of six Weeks then next following and the other remaining third Part thereof within the space of three Months next ensuing after the end and determination of the said six Weeks 44. And the said A. B. and C. D. for them and That the Ship shall be strong and well furnished either of them their and either of their Executors and Administrators do covenant and grant to and with the said E. F. and G. H. their Executors and Administrators by these presents That the said Ship for their Part shall be strong and stanch and well and sufficiently tackelled and apparelled with sayls sayl-yards anchors cables ropes Gun-shot Artillerie Gun-powder and all other Instruments Tackle and Apparel needful and necessary for such a Ship and for such a Voyage together with an able Master fifty six Men and a Boy and a Cock-boat which Men and Boy shall be alwaies ready at all due times with the said Cock-boat of the said Ship to serve the said E. F. and G. H. or one of them their or one of their Factors or Assigns to and from the land during the said Voyage and to discharge and relade Mutual Obligations to perform Covenants the said Ship as occasion shall serve 45. And to the Performance of all and every Covenants Grants Articles and Agreements on the Parts and behalfs of every of the said Parties truly to be holden performed and kept in all things as is aforesaid the said Parties to these presents do bind themselves one to another That is to say the said A. B. and C. D. do by these presents bind themselves and either of them and their several Executors and Administrators and goods and their Part and Interest in the said Ship with the Furniture thereof to the said E. F. and G. H. and to their Executors and Administrators And the said E. F. and G. H. do in like manner bind themselves and either of them their and either of their Executors Administrators and Assigns and all their Goods and their Interest in the said Ship to the said A. B. and C. D. their Executors and Administrators in the sum or penalty of One thousand Pound of lawful Moneys of England by the Party or Partys infringing the said Covenants or any of them to the other Party or Parties observing truly to be payed by vertue of these presents In witness Another between the Owners of a Ship and a Merchant for the Lading thereof with Salt and discharging the same in Ireland 45. THis Charter-Partie Indented made the c. Between A. B. and C. D. of London Grossers Owners of the good Ship called the D. of London of the burthen of eighty Tuns or thereabouts whereof is Master for the present Voyage I. N. on the one Part And E. F. of Dublin in Ireland Merchant on the other Part Witnesseth that it is covenanted concluded and agreed by and between the said Parties in manner and form following 47. That is to say the said A. B. and C. D. The voyage to lade the ship for them their Administrators and Assigns and for every of them do covenant and grant to and with the said E. F. his Executors Administrators and Assigns and either of them by these presents That the said Ship within the space of eight Dayes now next ensuing or so soon after as Wind and Weather will permit shall at the charge and aduenture of the said Owners depart from and out of the Port of London aforesaid where she now rideth at Anchor and from thence shall keep direct course and shall fail as Wind and Weather will permit the perils and dangers of the Sea excepted towards some of the Bayes for Salt within the Kingdoms or Territories of France Spain or Portugal And that the said A. B. and C. D. their Factors or Agents at their or some of their costs and charges shall there with all convenient expedition fully freight and lade or cause to be laden the said Ship with good and merchandable Salt 47. And shall then immediately as Wind To sail with the Ships lading to Dublin and Weather shall serve at their like Adventure and Hazard as aforesaid depart from the said place of Lading with the said Ship and her burthen towards the Port of Dublin in Ireland and that for the attaining to the said Port of Dublin the said Master and his Marriners with all good
Endeavour according to their Knowledge and Vnderstanding shall set and apply their course without any fraud or covin 48. And that so soon as the said Ship To give notice of her arrival shall have finished her said appointed Voyage and shall arrive in safety with her said Lading in the Port of Dublin aforesaid that then in the said Port the said Ship shall ride at Anchor in the Common Place of Anchorage there called the Pool of Clumm-Turf and that then within one Day next after the said arrival there the said Master or Owners or one of them or some of their Factors Agents or Messengers shall signifie and give notice of the said Arrival of the said Ship unto the said E. F. his Executors Administrators Factors or Assigns at the now dwelling house of the said E. F. in Dublin aforesaid and then and there shall be ready to deliver all the Salt laden into the said Ship which shall be seventy Tans at the least after the Rate of four Burdeux Hogsheads to every Tun in measuring to be once shaken and then being full to be strucken To deliver the salt clear from former charges off And then and there the said Owners Factors or Assigns shall in form aforesaid deliver the said Salt into the Port of Dublin aforesaid to be brought in the said Ship unto the said E. F. his Factors or Assigns of and from aboard the said Ship into their Loyter or Loyters to be brought and layd close aboard the said Ship the said Salt being cleared and freed of and from all and all manner of former charges of what kind or sort soever 49. And the said E. F. for himself his Executors Administrators and Assigns doth covenant Payment for the salt and grant to and with the said A. B. and C. D. their Executors Administrators and Assigns by these presents that upon notice given unto the said E. F. his Executors Administrators or Assigns of the said Arrival of the said Ship in the said Port of Dublin he the said E. F. his Executors Administrators Factors or Assigns shall and will be ready to take and receive her said Lading of Salt in manner and form aforesaid with all reasonable and convenient expedition And within ten Dayes after the receipt thereof shall at the dwelling house of c. pay and content or upon good and true accompt according to the intent and true meaning of these presents allow to the said Owners their Factors or Assigns the sum of ten shillings of lawful Moneys of England for every Hogshead of the said Salt to be delivered to the said E. F. his Executors Factors or Assigns as aforesaid 50. And the said E. F. in Part of Payment Part of the hire before hand payed for the said Salt hath at the ensealing and delivery of these presents before hand contented and payed unto the said Owners of the said Ship One hundred pound of lawful Moneys of England so to be reckoned accompted and defalked at the time of the Delivery of the said Salt Which said sum of One hundred Pound they the said Owners do acknowledge by these presents That they have had and received accordingly and thereof and of every Part thereof do clearly acquit and discharge the said E. F. his Executors Administrators Factors and Assigns and every of Covenant to repay if Ship miscarry them by these presents And do hereby Covenant and grant to and with the said E. F. That in case the said Ship or Goods should fortune to miscarry in the said Voyage That then they will repay back again unto the said E. F. his Executors Administrators or Assigns the said sum of One hundred Pound on c. In witness CAP. II. Conteyning the several forms of Bills of Credit of Adventure of Bottombrie Assurance of Goods and Letters of Licence and Composition from Creditors to Debtors A Bill of Credit 1. THis Present Writing witnesseth That A. B. binds himself to pay what C. D. shall intrust E. F. with I A B. of London Alderman do undertake to and with C. D. of the City of Y. Merchant his Executors and Administrators That if he deliver to E. F. of c. or to his Assigns to his use any sum or sums of Money not exceeding in the whole the sum of Three hundred Pound of lawful Moneys of England And shall take a Bill under the hand and seal of the said E. F. for the same acknowledging testifying and shewing the certainty thereof That then I the said A. B. my Executors or Administrators having the said Bill delivered to me or them shall presently upon receipt of the said Bill pay or cause to be payed to the said C. D. his Executors or Assigns all such sum or sums of Money not exceeding the said sum of Three hundred Pound as shall be conteined in the said Bill to which payment well and truly to be made I bind my self mine Executors and Administrators firmly by these presents In witness whereof I have hereunto set my hand and seal the Day of c. A Bill of Adventure for a Bale of Cloath 2. TO all c. I A. B. of London Merchant Recital of the consignment of the Cloath do send greeting Whereas I the said A. B. did about two Months since consign to C. D. Merchant in Ligorn in Italy three Bales of Suffolk Cloath of the Number 1. 2. 3. which Bales were all layed on board the Ship called the Royal Exchange of London of the barthen of Three hundred Tuns or thereabouts whereof W. T. is Master under God for the accompt of me the said A. B. 3. Now know ye that I the said A. B. do Acknowledgment that the adventâ—re of Part belongs to E. F. hereby confess acknowledg and declare that one of the said Bales of Cloath that is to say that which is marked with the Figure 3. doth properly belong unto E. F. of c. the Adventure whereof the said E. F. is to bear out and home 4. And I the said A. B. do hereby for me mine Executors and Administrators covenant and grant to and with the said E. F. his Executors Administrators and Assigns as well to make and give to him them or any of them a true To make a true accompt of the proceed and just Accompt of the Sale and Proceed of the said Bale of Cloath number 3. but also to pay to him or them all such Money Goods and Benefit as by the foot of any such Accompt shall appear to be due and coming unto him or them for or in respect of the said Bale of Cloath In Witness c. Another for Money in a Voyage to the East-Indies 5. TO all c. I A. B. of London c. do The intended Voyage send greeting whereas I the said A. B. do intend by Gods Grace to make a Voyage unto the East-Indies in the good Ship called the Pearl of London being now thither bound whereof is
of Thames upon the said intended voyage and that she shall by Gods grace the perils and dangers of the Sea and restraint of Princes and Rulers excepted be returned unto the River of Thames from her said voyage before the expiration of fourteen Months to be accounted from the date of these presents And that the said Ship in her said intended voyage shall not sail or apply her self unto any other Ports or places Not to sail to other Ports than are mentioned than those that are before mentioned herein unless she shall be necessitated thereunto by extremity of weather or some other unavoidable accident 23. That I the said A. B. mine Executors Administrators of Assigns shall and will well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns at c. the sum of one hundred and thirty pounds of The payment of the freight or hire and how like lawful mony of England in respect of the adventure aforesaid if the said Ship shall go from thence onely unto the said Island of Barbadoes and so from thence return to London to end her said intended voyage and the sum of one hundred and forty pound of like moneys if the said Ship shall go from hence unto the said Island of Barbadoes and from thence to the said Island of May and so return again to the Island of Barbadoes and from thence to London to end her voyage And that within one month after the return of the Hull or Body of the said Ship unto the River of Thames from the said Voyage 24. Provided alwaies nevertheless and it Proviso to make void repayment c. if this be lost is the true intent and meaning of these presents and of all the parties hereunto That if the said Ship in this present intended Voyage shall happen to be lost miscarry or be taken by Men of War or Pirats which God forbid that then this present Writing or Deed and every Covenant payment matter and thing therein contained on the part and behalf of the said A. B. to be done payed and performed shall be utterly void and of none effect And that then I the said A. B. my Executors or Administrators shall not be any waies chargable or lyable to pay the said several sums before mentioned or either of them or any part of them to the said C. D. his Executors Administrators or Assigns but that he and they are to lose the same and every part thereof Any thing herein before contained to the contrary hereof in any wise notwithstanding 25. And it is agreed by and between the Not to run any longer hazard than fourteen months said Parties to these presents That in case the said Ship shall not be returned into the said River of Thames from the said intended Voyage at the end of fourteen months to be accounted from the day of the date of these presents and that at the end of the said fourteen months there shall not be a just proof made of her loss happening within the time aforesaid That then I the said A. B. mine Executors Administrators or Assigns shall and will within twenty daies next after the end and expiration of the said fourteen months well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns at the place of payment aforesaid the said sum of one hundred and thirty pound in case the said Ship shall not go unto the Island of May aforesaid and the said sum of 140 pound in case the said Ship shall go unto the said Island of May as aforesaid And that the said C. D. shall not run the hazard and adventure of the said sum by him adventured as aforesaid upon the body of the said Ship any longer than fourteen months to be reckoned and accounted as aforesaid The Condition of a Bond upon the same 26. THe Condition of this Obligation is To perform Covenants c. in the bill contained such That if the above-bounden A. B. his Executors Administrators or Assigns shall and do well and truly observe perform pay fulfil and keep all and every the Covenants Grants Articles Payments and Agreements and all things which on his or their parts and behalves are or ought to be observed performed payed fulfilled and kept mentioned and conteined in a certain Writing or Bill of Bottombry or adventure of the Date above written made by and from the said A. B. by the name of A. B. of c. Master and Part-owner of the good Ship called the F. of London of the burthen of Two hundred Tuns or thereabouts now riding at Anchor in the River of Thames unto the above named C. D. in and by all things according to the purport and true meaning of the said Writing or Bill of Bottombrie or adventure that then c. Or there may be a sale of the Ship by a collateral Deed for better security with this following Proviso in it 27. Provided alwaies nevertheless That To perform Covenants c. if I the said A. B. mine Executors and Administrators shall and do well and truly observe perform pay fulfil and keep all and every the Covenants Grants Articles Payments Agreements and other things which on our or any of our Parts are or ought to be observed performed payed fulfilled and kept mentioned and conteined in a certain Writing or Bill of Adventure of the Date of these presents made by me the said A. B. unto the said C. D. That is to say in and by al things according to the tenor and true meaning of the said Writing or Bill of Adventure That then and from thenceforth this present Writing and the Grant Bargain and Sale hereby made of the Premises and every Covenant Matter and Thing herein conteyned shall be utterly void and of none effect Any thing herein before contained to the contrary hereof in any wise notwithstanding In witness whereof c. An Assurance of Goods outward bound 28. IN the name of God Amen We it known What is assured unto all men by these presents That I A. B. of London Gentleman do by these presents assure unto C. D. and E. F. the sum of Thrèe hundred and fifty pound sterling being the full price and value of goods for and on the behalf of the said C. D. and E. F. laden and to be laden aboard the good Ship called the Elizabeth of London of the burthen of One hundred Tuns or thereabouts the Master of the said Ship being now T. B. or whosoever else shall go as Master of the said Ship and out of the Port of London To what Place unto the Island of c. in the Parts beyond the Seas then the said Ship to be arrived and the goods discharged and layd on land in good safety And that this present writing of Assurance shall be of as good force and strength to all intents and purposes as if I the said A.
B. had been bound by Policy of Assurance either ordinary or extraordinary made in the Office of Assurance in the Royal Exchange London 29. And I do hereby acknowledg my self Binds himself to bear the loss fully satisfied and payed for this Assurance by the hands of the said C. D. after the rate of five pound sterling per cent And therefore I the said A. B. do bind my self mine Executors and Administrators firmly by these presents That if by any misfortune which God forbid the goods and merchandizes aforesaid so laden or to be laden outwards bound in the said Ship should perish in the said Voyage in Part or in all to pay or cause to be payed unto the said C. D and E. F. their Executors Administrators or Assigns the full sum of Three hundred and fifty pound of lawful Money of England or so much thereof as shall be proved to be lost of the said goods within the space of six Months after notice given and proof made of the said loss In witness A Letter of License from Creditors to a Debtor and Composition made 30. THis Indenture made between A. B. C. The Debt and Estate to pay them D. and E. G. Creditors of E. F. late of c. on the one Part And G. F. of London Widow on the other Part. Whereas the said E. F. at and before the time of his decease was indebted unto the said Creditors in divers and several sums of Money All which they the said Creditors have hitherto patiently forborn And whereas the said G. F. hath since her said Husbands Death perused and examined the estate of her said Husband And finding through divers losses sicknesses and other casual hindrances which enforced her said Husband to impair and lessen the same that the same is far short to give unto the said Creditors a full satisfaction of Forborn Administration their just and due debts hath hitherto forborn to take forth Letters of Administration of the goods chattels and estate of her said Husband as to her properly did belong according to the form and due course of the Laws of this Realm and the said G. F. having called the said Creditors together and acquainted them with the Premises and with the weakness of her said Husbands Estate 31. They the said Creditors by and with Recital of what they accept in Part. one assent and consent were and are willing content and pleased to accept of ten shillings in the pound for their said Debts upon security of her the said G. F. and to be payed at such Dayes and Times and in such manner and form as hereafter is limited expressed and declared and thereupon Leave to administer have given and do by these presents give their full leaves consents and approbations that she the said G. F. shall and may have and take out in her own name Letters of Administration of the Goods Chattels and Personal Estate of her said deceased Husband and that without the interruption or disturbance of them or either of them 32. Now this Indenture witnesseth That Covenant to accept bonds at ten shillings a pound they the said Creditors herein before named do by these presents for them severally and respectively that is to say every of them for himself his Executors and Administrators and not joyntly nor one of them for the other covenant promise and grant to and with the said G. F. her Executors Administrators and Assigns That if the said G. F. her Executors or Administrators do or shall upon or before the c. next ensuing the Date of these presents become bound in several Obligations good and sufficient in the Law in several reasonable penalties unto the said several Creditors before named severally to be conditioned for the payment unto them the said several Creditors their several Executors Administrators or Assigns of the sum of ten shillings of lawful Moneys of England for every pound or twenty shillings of their due and principal Debts by the said E. F. owing respectively as aforesaid not accompting any interest for the same or any part thereof at or in mention the place of payment That is to say on the c. and shall leave the said several Obligations being duely sealed and executed by the said G. F. and each of the said Bonds attested by two Witnesses at the least who are to subscribe their names thereunto safe and uncancelled at c. mention with whom to be left unto or for the said several Creditors That then the said Creditors to or for whom the said Obligations shall be so made and left as aforesaid shall accept severally of the said Obligations and Securities as a full satisfaction of all their several Debts so owing unto them by the said E. F. as aforesaid 33. And shall and will also at the costs and To seal discharges charges of the said G. F. her Executors or Administrators several seal and as their several acts and deeds deliver unto or for the use of the said G. F. several Acquittances and Discharges in writing sufficient in the Law thereby acquitting and releasing as well the said E. F. his Executors and Administrators as also the said G. F. her Executors and Administrators of all Debts Bonds Bills Claims and Demands whatsoever from the beginning of the world until the Day of the Date of these presents 34. And the said Creditors severally and respectively If any do arrest or molest they lose their Debts every one by and for himself his Executors and Administrators and not joyntly nor one of them for the other do covenant and grant to and with the said G. F. her Executors and Administrators and every of them by these presents That if either the said G. F. her Executors or Administrators or her or their Goods or Chattels or the Goods or Chattels late her said deceased Husbands or any of them shall at any time or times hereafter until or before the said Day of c. be arrested attached molested or troubled by the above named Creditors or any of them or by any other person or persons by their or any of their means or procurement or in their or any of their right or rights for or by reason of any Debt or Debts so to them or any of them owing by the said E F. at the time of his decease That then and from thenceforth she the said E. F. her Executors and Administrators shall be acquitted released and discharged against him or them by whom she the said E. F. her Executors or Administrators her their or any of their Goods or Chattels shall be so arrested attatched molested or troubled of and from all Debts Actions Claims and Demands whatsoever from the beginning of the world until the Day of the Date of these presents and that these presents to be pleaded shall be a sufficient barr and discharge in that behalf against him or them of the said Creditors his or their Executors or Administrators
from time to time write down and enter or cause to be written down and entred the true Particulars of all such Goods Wares and Merchandizes that shall be bought or sold brought in or delivered out in or touching the said joynt Trade and of all Sum or Sums of Money that shall be received or payed together with the names of all Persons unto or from whom any such Goods Wares or Moneys shall be received or payed and all other circumstances of Time and Place any wayes conducing to the manifestation of the State and Proceeding of the said Trade And that each of them the said Parties shall and may from time to time during the said Copartnership have free Access and Recourse unto the said Books of Account to read peruse examine and copy out the same at his Will and Pleasure 82. And further That they the said Parties Every year to perfect the accompt shall yearly and every year during the said Copartnership in the Month of September joyn in Accompt together at the said shop and then and there to make cast up and fully finish a true just plain and perfect Accompt and Reckoning in writing of for and concerning the said joynt Trade and of and for all Moneys Wares Goods Debts and other Estate whatsoever which shall be then in Copartnership between the said Parties or joyntly owing or belonging to them and upon the finishing of every such yearly Accompt they the said Parties shall write and enter or cause to be written down and entred into two several Books of Account the true Particulars of every such Accompt and shall subscribe their Names in the said Books at the foot of every such Account entred therein and upon the subscription of their Names as aforesaid each of the said Parties shall and may have and take to his own use one of the said Books subscribed as aforesaid 83. And furthermore that at the end of the The final account said Term of three years if they the said Parties shall be both then living they the said Parties shall joyn in Accompt together at the Shop aforesaid and shall then and there make cast up and fully finish between them a true plain perfect and final Accompt and Reckoning in â—riting of for and concerning the said joynt Trade and of and for all Moneys Wares Goods Debts and other Estate whatsoever which shall be then in Copartnership between the said Parties or joyntly owing or belonging to them by reason or means of the said joynt Trade And of all Debts and Duties which they the said Parties shall then owe to any Person or Persons 84. And upon finishing of the said account To pay Debts and divide the remainder they the said Parties shall forthwith satisfie or take order for the speedy satisfying of all and every the said Debts and Duties so by them owing and shall also thereupon make a just and equal partition allotment assignment and division between them the said Parties of all the then residue and remainder of their said partible or joynt Stock and Estate and increase thereof That is to say One moiety or half part thereof unto the said A. B. to his own proper use and the other moiety or half part thereof unto the said C. D. to his own proper use Neither to release a Debt assigned to the other c. Each to authorize the other to sue c If either die during the three years the Survivor to take all paying for a moiety to the Executors of the other 85. And after such partition division assignment and allotment so made neither of the said Parties his Executors or Administrators shall without the consent of the other of them receive release compound or discharge any debt or duty which is or shall be assigned or allotted to the other of them respectively but that each of them the said Parties his Executors and Administrators shall from time to time sufficiently authorize the other of them the said Parties his Executors or Administrators upon his or their request to sue for recover receive and take to his and their own proper use all and every the debts and duties which shall be allotted to him or them the said Parties his Executors or Administrators respectively making such request 86. And further that if either of the said Parties shall happen to decease before the end of the said three years and after any yearly account shall be made between them the said Parties touching the said joynt Trade That then the Survivor of them the said Parties shall have and take to his own proper use all the Moneys Goods and Wares which shall be belonging to the said joynt Trade and Copartnership at the same rate and price the same Goods and Wares did cost and also all Debts and Duties which shall be then dâ—e and owing to the said joynt Trade except such of them as were trusted by the said deceased Party without the consent of the said Survivor And in consideration thereof the said Survivor his Executors or Administrators shall pay or cause to be payed to the Executors or Administrators of the Person so first dying at the Shop aforesaid so much lawful Mony of England as the part and share of the Party deceasing of and in all the said Debts that shall be then owing to the said jont Trade that were accounted good and spirate Debts and of and in all the Moneys Goods and Wares of the said joynt Trade did or shall clearly come and amount unto by and upon the said yearly Account made between the said Parties next before such decease the Debts owing by the said joynt Stock being allowed for and defalked out of the said whole Estate The same Moneys to be payed to the Executors or Administrators of the said Party deceased as followeth That is to say One third part thereof at the end of four Months next after such decease one other third part thereof at the end of eight Months nert after such decease and the remaining third part thereof at the end of twelve Months next after such decease 87. And that the said Survivor his Executors How the Moneys shall be secured or Administrators shall within twenty Days next after such decease of the other of them the said Parties become bound in a penal Bond sufficient in the Law of double the Principal and with sufficient Sureties to the Executors or Administrators of the person so first dying as well for the true payment of the said three several sums in manner and form aforesaid as also for the saving harmless and keeping indempnified of the Executors and Administrators Lands Tenements Goods and Chattels of the said first Security against joynt Debts deâ—easing Party of and from all and every the Debts and Duties which were joyntly owing by them the said Parties at the time of such decease of for and concerning the said joynt trade and of and from all Accounts Suits Iudgments Executions and Demands
Administrators and Assigns by these presents in manner and form following that is to say That he the said C. D. shall and will at all times hereafter during the term of years before specified or continuance of this Copartnership deal uprightly truly and faithfully with the said A. B. his Executors Administrators or Assigns in all respects touching and concerning the using and exercising of the Art Trade or Profession aforesaid 119. And further that he the said C. D. Not to take up or lend upon Credit without the others consent shall not at any time or times hereafter during the term of years before-specified or continuance of this Copartnership take up upon Credit or for Time any Goods Wares or Merchandizes to be used or imployed in or about the said Art Trade or Profession of a Pewterer without the consent and agreement of the said A. B. his Executors Administrators and Assigns first had and obtained in that behalf Neither that he the said C. D. or his Assigns shall at any time or times hereafter during the term of years aforesaid or continuance of this Copartnership lend or credit out to any person or persons whatsoever any Wares Goods or Merchandizes which shall belong or be incident to the said Art Trade or Profession of a Pewterer and shall be belonging to their said joynt dealings without the like consent and agreement of the said A. B. his Executors Administrators and Assigns first had and obtained in that behalf 120. And furthermore that he the said C. The final Accompt D. his Executors Administrators or Assigns shall and will at the end and expiration of the said term of ten years or other sooner determination of this Copartnership not only make or cause to be made unto the said A. B. his Executors Administrators or Assigns a true just perfect and general Accompt and Reckoning in writing of his whole Dealing buying and selling whilst he shall have the use of the said sum or Stock of three hundred pounds or of any other sum or sums of Mony thereunto by the said A. B. to be added or put and also of all gains profit and increase that shall come and arise by reason of using and exercising the said Art trade and profession of a Pewterer and not before accounted for and satisfied But also upon the Deliver up Tools and Stock and half the galâ—s same Account making shall and will well and truly deliver or cause to be delivered unto the said A. B. his Executors Administrators or Assigns all such Moulds and Tools as shall be then belonging to their said joynt Trade And shall and will then also truly pay or cause to be paid unto the said A. B. his Executors Administrators or Assigns the said sum or stock of Three hundred pounds and all such other sums of Mony as shall be thereunto added or put by the said A. B. his Executors or Administrators and the moiety or one half of all the gains profit and increase that shall be so risen or grown by using the said Art Trade or Profession of a Pewterer and which shall not before that time have been accounted for and satisfied for as aforesaid 121. And moreover that he the said C. D. To instruct the other in the Trade shall and will at all times hereafter and from time to time during the continuance of the said Copartnership at and upon the reasonable request of the said A. B. after the best manner that he can or may to the uttermost of his knowledge and skill teach and instruct the said A. B. perfectly to do and execute every thing which in any wise belongeth to his said Art Trade or Profession of a Pewterer 122. Provided alwaies and it is Covenanted To give over the Copartnership upon warning granted and mutually agreed upon by and between the said Parties to these presents And the said C. D. for himself his Executors and Administrators doth Covenant grant and agree to and with the said A. B. his Executors and Administrators by these presents That if it shall happen at any time hereafter during the said term of ten years that the said A. B. shall grow in dislike or shall be minded to give over and discontinue his joynt trading and dealing with the said C. D. And that the said A. B. do or shall give one half years warning of such his determination and purpose unto the said C. D. in the presence of two or three Witnesses at the least That then and from thenceforth all the Covenants Covenants to be void Grants and Agreements herein contained on the part and behalf of the said A. B. his Executors and Administrators to be performed and kept shall cease determine and be utterly void to all intents constructions and purposes in the Law whatsoever And that then also he the said C. D. shall and will at the end of the said To account six Months so limited to be given for warning as aforesaid make and give up unto the said A. B. his Executors and Administrators such a true just perfect and general account as is above-mentioned and also upon and after the said Account made shall and will well and truly deliver or cause to be delivered unto the said A. B. his Executors Administrators or Assigns all such Moulds and other Tools as shall be then belonging to their said joynt trade and dealing and shall and will then also truly pay or cause to be paid unto the said A. B. his Executors or Administrators To pay the stock and half the profits the said sum or stock of three hundred pounds and all such other sums as shall be thereunto hereafter added or put by the said A. B. his Executors Administrators or Assigns and the moiety or one half of all the gains profit and increase that shall be so arisen and grown by reason of using the said Art trade or profession of a Pewterer and which shall not before that time have been accounted for and satisfied as aforesaid In witness c. CAP. IV. Containing several forms of Instruments used between Merchants and Traders at and after the dissolution of Copartnership An Indenture containing several Covenants upon the separation of Copartnership 1. THis Indenture made c. Between Recital of former Copartnership and Debts arising thereby A. B. of the one part and C. D. of the other part Whereas the said Parties to these presents have been of late Copartners together in the Trade of c. which they used and by reason of the same joynt trade and dealing divers Debts have been incurr'd and made and are yet still due and owing upon the sale of Goods and Wares and also the said Parties are and stand ingaged and indebted at present unto divers of their Creditors in divers and sundry sums of Mony 2. And whereas also the said Parties Recital of the separation upon divers good considerations them thereunto moving have concluded and agreed to separate
within named C. D. have for divers years now last past occupyed together as Copartners in all things as wel touching and belonging to the Trade of Woollen-draper as in such Wares and Commodities as during the said Copartnership they have otherwise traded and dealt in In which time of their Copartnership and by reason thereof there are divers and sundry Debts and sums of Mony owing unto them and likewise divers several Debts are owing by them to several Persons by reason of the said Copartnership which are by them the said Parties to be equally born and payed The several particulars of which said Debts as well to them due and owing as by theâ— due and owing are mentioned and comprised in two several Schedules subscribed with the hands of the said A. B. and C. D. whereof the one remaineth in the custody or hands of the said A. B. and the other remaineth in the custody or hands of the said C. D. 43. And forasmuch as the said A. B. and C. Their desire to dissolve the Copartnership and to divide the Debts c. D. have between themselves agreed not to continue or proceed any farther in Copartnership together but are willing and minded to take out their several Stocks and to separate and divide asunder from their former joynt trading and for that it is the full meaning of each of the said Parties that for the Debts to them due and owing as Copartners and in respect of their said joynt dealing after the Debts owing by them which were contracted during the said joynt Trade and by reason of the said Copartnership are satisfied and payed should be equally divided between the said A. B. and C. D. part and part like 44. If therefore the said A. B. his Executors To give notice of Receipts Administrators or Assigns shall and do from time to time within one Month next after he or they shall have at any time or times hereafter received any part or parcel of the Debts Duties or sums of Mony mentioned in the said Schedule or Writing to be to them joyntly due and owing in respect of the said Copartnership do give iust and true knowledge unto the said C. D. his Executors Administrators or Assigns of every such particular Receipt so from time to time to be had and received 45. And do also then make just payment unto To pay a moiety to his Fellow the said C. D. his Executors Administrators or Assigns of the one moiety or full half part of every such sum and sums of Mony so by the said A. B. his Executors or Assigns to be received or had upon their joynt account And further that if the said A. B. his Executors Administrators or To pay the other moiety to Creditors Assigns within convenient time after such particular Receipt as aforesaid do from time to time pay or cause to be paid unto and amongst the joynt Creditors of the said A. B. and C. D. for and towards the payment of their joynt Debts growing by their said Copartnership the other moiety or half part of such sum and sums of Mony as shall from time to time be received as aforesaid until such time as their said Debts shall be fully satisfied 46. And further also if neither the said A. B. Not to compound without the others consent his Executors Administrators or Assigns nor any of them at any time or times hereafter shall or do make any composition for the said Debts Duties sum or sums of Mony or any of them with any of the Debtors owing the same or any of them without the special licence consent or agreement of the said C. D. his Executors Administrators or Assigns first thereunto had and obtained in that behalf 47. And further if the said A. B. his To assist the other Executors or Administrators do and shall from time to time use his and their best endeavour for the ayding and assisting of the said C. D. his Executors Administrators and Assigns for the better and speedier obtaining and recovery of his and their parts of every of the said several Debts Duties sum and sums of Mony to them in regard of their Copartnership aforesaid due or owing and that without fraud or covin Then this Obligation to be void and of none effect or else c. The like to be made by the other Party but I think it best in both to alter the five and fortyeth Section and to make the one moiety of what shall be received to be payed in discharge of Debts and the half of the residue to be payed to C. D. c. mutatis mutandis Another form of a Condition upon separation of Copartnership for one to discharge the other of Debts due upon a private account 48. THe Condition of this Obligation is Recital of Copartnership and particular debts accruing during the same such That whereas the within named C. D. and the within bounden A. B. have for divers years last past occupyed together as Copartners in all things as well touching and belonging to the Trade of a Wollen-draper as in such other Wares and Commodities as during the said Copartnership they have otherwise traded and dealt in In which time of their Copartnership together each of the said Parties are become indebted to divers and sundry persons of their own meer particular and private account not properly belonging to the partible account of Copartnership or wherewith either of the said Parties in respect of their mutual and joynt occupying together are charged 49. And forasmuch as they the said Parties Their intent to separate and that neithers Debt charge the other to these presents are now by mutual agreement separating from further dealing in Copartnership together and it is the full intent and meaning of both the said Parties that all Debts Duties and sum and sums of Mony as the said A. B. in the time of the said Copartnership together with the said C. D. was or is any way indebted as touching his private proper and single account shall not in any wise touch or charge the said C. D. his Executors or Administrators with the payment of the same or of any part thereof 50. If therefore the said A. B. his Executors To discharge his Fâ—llow from the private Debts or Administrators do and shall at all and every time and times hereafter clearly and absolutely acquit discharge and save harmless the said C. D. his Executors and Administrators and his and their Goods and Chattels against all and every person or persons whatsoever not onely of and from all and every such Debt and Debts and sum and sums of Mony due heretofore made and contracted by the said A. B. in the time of the said Copartnership which belonged not unto or any way concerned the joynt or partible account between them as Copartners but onely solely and singly unto the said A. B. his Executors and Administrators but also of and from all actions suits arrests
Doors to be made of good dry Deal glued and battered And also one convenient Chimney to Chimneys every of the said upper Rooms of such dimensions depth and wideness and place the said Partitions Doors and Chimneys in such places sort and manner as the said A. B. or his Assigns shall direct And shall make a handsom Back-Window to the Shop transom Window to the back part of the Shop with two Iron Casements therein and well glazed with good Shutts to the same of whole Deal glued lined battered and hinged with good and substantial Hinges And an handsom A Back-Door strong Door into the Yard of whole Deal well smoothed glued battered and hinged with good Bolts to the same and a glass Window over the said Door with good Iron Bars the same Windows to be of such largeness and dimensions as the said A. B. or his Assigns shall direct 24. Item That they shall put one good Lock to the fore-Door strong Lock with a Key to the fore-Door of the said Messuage of eight shillings price at the least and make and put up in the Front even with the fore-Chamber over the Shop one fair Belcony ten foot long of good wrought Iron Belcony and not cast Iron And shall make one handsom pair of Doors of Oak four foot wide at the least with a handsom glass Window on the top of the said Doors to go into the said Belcony And on each side of the said Belcony-Window a convenient two-light transom Window and shall Windows Pediment for a Sign Chamber-Windows make an handsom Pediment in the Brickwall over the Belcony to place a Sign in as the said A. B. or his Assigns shall direct And shall make in the two next Stories forwards a transom Window to each Room of four foot and a half wide or thereabouts of a proportionable depth and on each side of the said Window make a two-light transom Windom uniform with the Windows underneath And to all the back-Chambers a six light transom Window in the rear of every Chamber and a four light transom Window on the East-side of every of the said back-Rooms The Frames of all the said Windows to be good dry oaken Timber well wrought and placed as the said A. B. or his Assigns shall direct And shall make a good strong Iron Casement to the third Story-Window to the Front with a good strong Lock to the same and an Iron Rod in the middle thereof the same Casement to be of such largeness every way as the said A. B. or his Assigns shall direct And shall make a good Iron Casement to such of the said two-light transom Windows in the said third Story on the Front as the said A. B. or his Assigns shall direct And shall also make a good Iron Casement to the four light Window in the fourth Story to the Front and to every Window in the rear All the Windows to the Front-Rooms up one pair of Stairs to have sufficient and substantial Iron Bars And shall make one good clear Story three light luthern Window to the fore-Garret and a three light clear Story Window to the back-Garret the Frames to be of Oak with an Iron Casement in each Garret-Window 25. Item That they shall Plaister and Plaistering and Ceeling Ceel in workman-like manner with good Lime and Hair all the Wals Partitions and Ceelings of every Room of the said House and in every other place necessary except the Cellar and shall lay all the Floors with good whole dry Flooring Deal smoothed and close joynted and shall cover the uttermost Rooms backward or back-Garret Covering with good Lead which Lead shall weigh â—ight pound and a half the foot at the least and make a Brick Wall on the back part and on each side of the said Leads three foot high and cover the said Wall with a Coping or Campshot of good sound Oak Timber and shall cover the fore-Garret of the said House with good plain Tiles and make convenient Gutters of Lead to carry Leaden Gutters the water from the said Roof and Leads into the street and bring the same with a convenient Pipe to the ground and shall raise the ground-Floor Raising the Floor of the said Messuage a convenient height above the street so that there may be a stone-Step of seven inches high or more as shall be convenient at the street-Door and raise every other Story proportionable according to the Acts of Parliament in that behalf And shall build The Front Roof Painting the Front of the said House with good rubbed Brick and carve off the Roof with Cantilavers and Cornishes and shall paint all the Window-Frames Window-Casements out-Doors and Door-Cases Cantilavers and Cornishes of the said House and all out-places necessary Glasing with good Colours well laid in Oyl And glaze all the Windows of all the Front upper Rooms or Chambers and Front-Garret and the back Windows of the Shop with good square Glass well leaded and all the rear and back-Windows except the Shop with Quarries well leaded 26. Item The said C. D. and E. F. for Time of finishing the House themselves and either of them their and either of their Executors Administrators and Assigns do by these presents Covenant promise and grant to and with the said A. B. his Executors Administrators and Assigns as followeth viz. That the said House and all and every the premisses shall be in all things as aforesaid fully and wholly done compleated and finished by or before the twenty ninth day of September now next ensuing And if it shall happen the said work or any part thereof shall not be compleated and finished according to the true intent and meaning of these presents by the twentieth day of October next also ensuing That then and Forfeiture if not finished from thenceforth they the said C. D. and E. F. their Executors and Administrators shall and will well and truly pay or cause to be paid unto the said A. B. his Executors Administrators or Assigns the sum of ten shillings sterling by the day for every day which the said Work and Building or any part thereof shall so remain and be unfinished and uncompleated 27. And that they the said C. D. and E. F. To save harmless from the Acts touching Building their Executors and Administrators shall and will from time to time and at all times hereafter well and sufficiently save and keep harmless and indempnified the said A. B. his Executors Administrators and Assigns and every of them and the said Messuage and all and every his and their other Lands Tenements and Hereditaments Goods and Chattels of and from all fines pains penalties punishments and forfeitures whatsoever contained in the said Acts of Parliament or any of them for or by reason of any irregularity which shall happen in the said Building or any part thereof contrary to the said Acts of Parliament or any of them for
suam quando c. Et totum c. Et quicquid c. Et maxime de Advocatione predicta ut de feodo jure c. Et pon se in magnam Assisam domini Regis nunc Et petit Recognitionem inde fieri utrum ipse majus Jus habeat tenendi Advocationem predictam sibi hered suis ut tenens inde per war suam an predictus G. habend Advocationem predictam ut illam superius pet c. ss Et predictus G. petit licentiam inde interloquendi habet c. Et postea idem G. reven hic in Cur. isto eodem Termino in propria persona sua Et predictus E. licet solempniter exact non reven set in contempt Cur. recessit defalt fac Ideo cons est quod predictus G. recuperet seisinam suam versus prefat C. de Advocatione predict tenend eidem G. hered suis quiet de predicto C. hered suis acetiam de predicto E. hered suis imperpetuum Et quod predictus C. habeat de terra predict E. ad valentiam c. Et idem E. in misericordia Et super hoc predictus G. pet breve Misericordia domini Regis Vic. Com. predict dirigend de habere faciend ei plenariam seisinam de Advocatione predict ei conceditur retornabile hic indilate c. Postea scilicet vicesimo secundo die Junii islo codem Termino ven hic in Cur. predictus G. in propria persona sua Et Vic. videlicet T. G. Ar. modo mand quod ipse virtule brevis illius sibi directi 18. die Junii ult preterit habere fec prefat G. plenar seisinam de Advocatione predict prout per breve illud sibi preceptum fuit c. ss Trin. 22. Car. 2. rot 137. Devon ss Similis Recuperatio super brevi de Recto de Advocatione Nota. de Medietate Advocationis portionis de Pitt in Ecclesia de Tiverton ss If the Vrit of Entry be retornable so late in Recovery indorsed upon the Label the Term that the Writ of Seisin cannot come in retornable the same Term but that it must be retornable the next Term Then observe after the retorn of the Writ of Seisin in the Exemplification to break off and conclude with Quae omnia singula c. And indorse upon the Label Ad quem diem hic ven predictus petens in propria persona sua Et Vic. videlicet A. B. Miles modo mand quod ipse virtute brevis illius sibi direct primo die Junii ult preterit habere secit prefat petenti plenariam seisinam de tenementis predictis cum pertin prout per breve illud sibi preceptum fuit c. But in the Roll there is not any such distinction A Writ of Summons and Retorn CArolus Secundus Dei gratia Anglie Scotie Francie Hibernie Rex fidei defensor c. Vic. Eborum salutem Sum. per bonos Summonitores Willielm Cotterel Johannem Cotterel Vouchees quod sint coram Justic nostris apud Westm à die S. Trinitatis in quindecim dies ad War Willielmo Payler Richardâ— Payler les Tenants Manerium de A. c. recitando omnes parcellas nominatas in brevi de Ingressu que Willielmus Satherwaite Willielmus Burrowes les Demandants in Curia nostra coram Justic nostris apud Westm clam ut jus suum versus prefatos Williel Payler Rich. Payler per breve nostrum de Ingressu super disseisinam in le Post Et unde iidem Willielmus Richardus in eadem Curia nostra voc predictos Williel Cotterel Johannem sum in Coâ—a tuo ad War versus eos les Demandants Et habeas ibi sum hoc Breve Teste c. Retorn inde Sum. Johannes Den Johan Ramsden Miles Vic. Richard Fen Note That the Writ of Summons must bear the Teste of the Return of the Writ of Entry A Writ of Seizen CArolus Secundus c. Vic. H. salutem Scias quod J. P. in Cur. nostra coram Justic nostris apud Westm recuperavit seisinam suam versus A. B. de uno Mesuagio c. per breve nostrum de Ingressu super disseisinam in le Post Ideo tibi precipimus quod prefat J plenariam seisinam de tenementis predictis cum pertin sine dilatione habere fac Et qualiter hoc preceptum nostrum fuer is execut constare fac Justic nostris apud Westm indilatâ— vel in Crastino Trin. Et habeas ibi hoc breve Teste c. Retorn inde Virtute isi ius brevis mihi directi 16 die Maii Anno infrascripto habere feci infra nominato J. plenar seisinam de tenementis infra spâ—c cum pertin prâ—ut interius mihi precipitur R. F. Ar. Vic. The Form of a Surrender or Lease to make a Tenant to the Precipe THis Indenture made c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth that whereas the said A. B. doth hold for the term of his life One Mesuage c. in D. in the County of E. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his Heirs or to the Heirs of his body lawfully begotten for ever Now the said A. B. for the perfecting of some Assurance shortly to be made of the same Mesuage c. by way of Common Recovery hath granted and surrendred and by these presents doth grant and surrender unto the said C. D. and his Heirs upon the Condition herein after-mentioned All that the said Mesuage c. And all the Estate Right Title and Interest of him the said A. B. therein To have and to hold to him the said C. D. and his Heirs upon Condition That if the said C. D. do not pay or cause to be paid unto the said A. B. the sum of One Thousand pounds of lawful mony of England upon the first day of c. next ensuing the Date hereof That then and from thenceforth this present Grant and Surrender shall be utterly void and of none effect and that then also it shall and may be lawful to and for the said A. B. into the said Mesuage c. to re-enter and the same to have again re-possess and enjoy as in his former Estate and Right any thing in these presents contained to the contrary in any wise notwithstanding In Witness c. The Form of Drawing a Recovery at the Bar by the Sergeants at Law ONe of the Sergeants retained for this purpose must speak to the Chief Iustice upon the Bench and say demaundes and shew the Tenant After leave given by the Court the Sergeant counts by the Prothonotaries Remembrance according as the Writ is there entred in this manner by the first Sergeant viz. Ceo vous monstre Jean at Oakes que Jean at 1 Sergeant Style a tort luy desorce de l'Mannor de Sale ovesque les appurtenances
payment thereof by the said A. B. or by the said person or persons in Reversion or Remainder And so that the said Lessees and And so that the Lessee perform the Conditions in such Lease mentioned Cognizees to stand seised of the Reversion and of the thing as it falls into possession Grantees their respective Executors Administrators and Assigns do well and truly perform the Conditions to be comprised in the Indenture or Indentures of their said several Leases Demises or Grants according to the effect intent and true meaning of the same Indenture or Indentures And that the said C. D. and E. F. c. and their heirs shall stand and be seised of the Reversion and Remainder Reversions and Remainders of the said Messuages Lands Tenements and Hereditaments so to be leased or granted as aforesaid and after the end or determination of such Lease or Leases then of the said Messuages Lands Tenements and Hereditaments so to be leased or granted to such uses and intents as the said C. D. E. F. c. should have stood or been thereof seised by the purport intent and true meaning of these presents if no such Lease or Grant had been thereof made and that of and for such Estate and Estates in such order and degree with the same Remainder and Remainders and in such manner and form to all intents and purposes as they should have stood and been thereof seised by the purport and true meaning of these presents if no such Lease or Grant had been thereof had or made 16. After uses limited as followeth viz. Another for such Term and under-Rent or no Rent as Lessor pleaseth to the use of the said A. B. for and during the term of his natural life without impeachment of waste c. with Remainders over Provided always and it is agreed by and between all the parties to these presents and by them and every of them hereby declared to be their true intent and meaning that it shall and may be lawful to and for the said A B. at any time or times during his natural life to make any Demise Lease or Grant Demises Leases or Grants by Indenture or Indentures to be by all the parties thereunto duly executed of all or any part of the said Messuages Lands or Premisses either in possession or reversion or otherwise to any person or persons whatsoever for any term or terms of years or for the life or lives of any one or more person or persons or for any term or terms of years determinable upon the death or deaths of any one or more person or persons or for any other term or terms of years whatsoever as by the said A. B. shall be thought fit or convenient And that from and immediately after the making Cognizees c. to stand seised to the use of Lessees and executing of such Demise Lèase or Grant Demises Leases or Grants the said C. D. E. F. c. and the survivors and survivor of them and his and their heirs shall stand and be seised of all or such part and so much of the said Messuages Lands Tenements and Premisses as shall be at any time or times hereafter leased or demised as aforesaid to the use of such person or persons â—espectively to whom any such Demise Lease or Grant shall be so made for such Estate term and interest and in such manner and form as the same shall happen to be so leased demised or granted according to the true intent and meaning of these presents and of every such Demise Lease or Grant So as such Lessee or Lessees Grantee or Grantees during his or their several Lease or Leases Grant or Grants So as Lessees pay their Rents or Interests respectively do pay or cause to be paid the Rent or Rents or sum or sums of money reserved or appointed to be paid in and by the Indenture or Indentures of his and their Lease and Leases Grant and Grants respectively to such person or persons to whom the same from time to time shall by the purport and true meaning of these presents belong or appertain according to the purport and true meaning of such Lease and Leases and that the said C. D. and E. F. c. shall stand and be seised of the Reversion vide Sect. 15. c. 17. Provided always that it shall and may Another for 21 years or 3 lives under the ancient Rents and chargable with Rents c. before charged c. be lawful to and for the said A. B. being Cestuy que use for life from time to time and at all times hereafter during the term of his natural life by his Deed or Deeds lawfully executed or otherwise by his last Will and Testament in writing to Lease Grant or Demise give dispose limit or appoint to any Person or Persons whatsoever All every or any the said Mannors Messuages Lands Tenements Hereditaments and Premisses with Th' appurtenances the chief House called B. and the Demesnes of the said Mannor of B. before in and by these presents limited expressed and declared for the Ioynture of the said M. onely excepted for and during the term of One and twenty years or for some shorter or lesser Term of years or for the term of one two or three lives or for any number of years determinable upon one two or three lives charged Charged with Rents and Payments c. nevertheless or chargable with such Rents sums of Mony and Payments as before or after in these presents are appointed limited or declared to be payed levyed or issuing out of the same or any part thereof as in these presents is mentioned and declared so that all and every such Lease and Leases Devise and Devises or any of them be not made to be without impeachment of Waste Not to be made without impeachment of Waste by any special Clause Proviso or Covenant therein to be contained and that every such Lease Grant Demise or Devise so to be made be made of Lands or Tenements in Possession usually letten to farm by the space of Twenty years last past and not of any Lands in Reversion And so that upon every such Grant lease devise or demise the old and accustoâ—ed Rent and Rents Boons Arrearages Customes and Old Rent or more to be reserved Services or more be reserved to be due and payable during the continuance of every such Demise Lease Grant or Devise at the days and times and in such manner and form as the same have been accustomed Or thus So as upon every such Grant Lease Demise or Devise for life or lives or years to be made the old and accustomed Rents Duties and Services or more be yearly reserved and payable during the said Terms unto such to whom the immediate Reversion or Remainder of the Mannors Messuages and Lands so leased or devised shall be and who ought to have and receive the said Rents Duties and Services by the intent and true
directly sail and apple The third Port applied to unto the Island of Terceras and Fyall within the Dominions of c. and there unlade and make discharge of the said Goods and Merchandizes And shall there relade and take into and aboard her again all such Goods and Merchandizes as are there usually laden according to the Order and Direction of the said C. D. his Factors or Assigns and which the said C. D. his Factors or Assigns shall think fit to relade or cause to be reladen aboard the said Ship and which she may conveniently stow and carrie in her as aforesaid over and above her victual tackel and appatel 4. And then the said Ship so being laden The fourth Port applied to at the Island of Terceras and Fyal as aforesaid as Wind and Weather shall serve and the perils and dangers of the Sea excepted shall with her said burden sail teturn and come back to the Island of St. Michael aforesaid and there unlade and make a discharge of the said Goods and Merchandizes and receive into and aboard her there such other Goods and Merchandizes as the said Merchant his Factors or Assigns shall think fit and please to lade into and aboard her and are there accustomed to be laden and which the said Ship can safely stow and carry as aforesaid 5. And then the said Ship with the first The Ships return good Wind and Weather that God shall afterwards send the perils and dangers of the Sea excepted shall directly sail and apply to Dartmouth Plimouth or the Isle of Wight And the said Ship being arrived at one of the said places Notice to be given of Ships arrival he the said A. B. or such Person as shall be Master of the said Ship for the Time being shall from thence send express notice in Writing to be given or left to or for the said C. D. his Executors Factors or Assigns at or in the now dwelling house of the said C. D. scituate in D. near Aldgate London That the said Ship and Goods are safely arrived at one of the said last mentioned places and at such place of arrival the said Ship shall stay and abide the space of ten dayes for Answer and Direction to be returned and given by him Notice of the next application to be made the said C. D. his Executors Administrators Factors or Assigns for the sayling and applying of the said Ship unto Haverdegrace in France or Amsterdam in Holland or to the Port of the City of London the charge of sending a Messenger to give such intelligence as aforesaid to be satisfied and payed by the said C. D. his Executors Administrators or Assigns 6 And according to such Answer and appointment shall with the first good Wind and The Ships discharge Weather that God shall senâ— the perils and dangers of the Sea excepted directly sail and apply either to Haverdegrace or Amsterdam or the Port of London which of the said places the said Ship shall be so ordered or appointed to sail and apply unto And within ten dayes after the arrival of the said Ship at the same Place so to be appointed the said Ship shall make her right discharge of the said Merchants goods and Merchandizes and there to end and finish her said intended Voyage the petils and dangers of the Sea excepted 7. And it is further agreed by and between the said Parties to these presents that the said How long the Ship to stay at each Port. Ship shall tarrie and abide at Nantz the Island of St. Michael and Terceraâ— and Fyal before mentioned for her several discharges and relading at the said several Places as aforesaid the space of sixty Dayes in the whole That is to say at Nantz twenty Dayes at the said Island of St. Michael twenty Dayes and at Terceras and Fyal aforesaid twenty Dayes Within which several times before limited and expressed the said C. D. for himself his Executors and Administrators doth covenant and grant to and with the said A. B. his Covenant to discharge and relatie within the times limited Executors and Administrators by these presents to discharge and relade the said Ship in manner and form aforesaid at the seâ—eral Places and Ports of Nantz St. Michael and Terceras and Fyal before 〈◊〉 8. And within the said space of ten Dayes before limited after notice of the 〈◊〉 of the said Ship as aforesaid aâ— Darrmouth Plimouth or the 〈◊〉 of Wight shall give order and direction to the said A. B. or the master of the said Ship for the time being whether the said Ship shall sail to 〈◊〉 Amsterdam or to the Port of the City of London to make her right discharge and To unlade the Ship by a Tun at her last discharge shall at such Place to be appointed discharge or 〈◊〉 to be discharged and unladen the said Goods and Merchandizes of the 〈◊〉 Ship within twelve Dayes after the Arrival of the said Ship at such appointed Place of discharge as aforesaid 9. And that the said C. D. his Executors 〈◊〉 Factors or Assigns shall 〈◊〉 will well and 〈◊〉 pay or cause to 〈◊〉 payed unto the said A. B. his Executors Administrators or Assigns How much to be paid for the freight freight for the said Ship after the Rate of four pound the Tun of lawful Money of England for every Tun of Goods and Merchandizes that shall be unladen of and from the said Ship at the several Ports and Places before mentioned accompring three Chests of Sugar to the Tun c. and so put down the several proportions that is reputed a Tun at the several Places and then add and for other Goods and Merchandizes according to the usual Custom 10. And that all such sum and siâ—ks of Money When and how paid that shall arise and grow due and payable for the freight and hire of the said Ship as aforesaid shall be satisfied and payed unto the said A. B. his Executors Administrators or Assigns within six Dayes next after the discharge of the said Ship at Haverdegrace or Amsterdam aforesaid which of them shall be appointed as aforesaid for the said Ship to make her discharge at and the same Moneys also to be payed according to the Course of the Exchange at such Place to be appointed as aforesaid 11. And it is agreed by and between the said Parties to these presents that in case the said C. What to be paid for freight if the Ship do not fully lade D. shall not fully lade the said ship at the Ports and places aforesaid appointed for the Lading thereof or any of them yet nevertheless the said C. D. his Executors Administrators or Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors Administrators or Assigns at and after the Rate of four pound the Tun for so many Tuns as the said ship can or may conveniently stow and carry in manner and form
certain Notice or Certificate of such the well being of the said Ship at the end of the said six Months being in the mean time given or let to and for the said C. D. his Executors or Assigns at his now dwelling house in c. well and truly pay or cause to be payed unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns so much for freight as at and after the Rate aforesaid shall be due for the said ship for six Months service And further that if the said Ship shall be out upon the said Voyage the space or time of twelve Months to be accompted as aforesaid and at the end of the said twelve Months shall be well and in safety in the service of the said Merchant his Factors or Assigns That then the said C. D. his Executors Administrators or Assigns shall within two Months next after the end and exspiration of the said twelve Months true and certain notice and certificate of such the well being of the said Ship at the end of the said twelve Months being in the mean time given or left in manner and form aforesaid to and for the said C. D. his Executors Administrators or Assigns well and truly pay or cause to be payed unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns in London over and above the said first six Months freight so much for freight as at and after the Rate aforesaid shall be due for six Months more 35. And it is further agreed by and between What Payment in case the Ship return within twelve Months the said Parties to these presents That in case the said Ship shall be returned within the River of Thames from the said Voyage and be there discharged of and out of her said intended imployment before the Expiration of twelve Months to be accompted as aforesaid yet nevertheless the said C. D. his Executors Administrators or Assigns shall pay and allow unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns for the said Ship after the Rate aforesaid for the full time of twelve Months to be accompted as aforesaid any thing herein before conteyned to the contrary thereof in any wise notwithstanding 36. And the said C. D. for himself his Executors Allowance to the Master during the Voyage and Administrators dâ—th covenant and grant to and with the said A. B. and E. F. and either of them their and either of their Executors and Administrators by these presents That he the said C. D. his Executors or Administrators shall furnish and deliver during the said Voyage unto the Master of the said Ship for the time being all such Moneys as he shall have occasion to use for buying of Provision and other necessaries and for payment of mens Wages not in the whole exceeding the sum of c. sterling which said Money shall be deducted and allowed from time to time out of the freight or hire for the said Ship that shall respectively grow or become due for the said Ship by vertue of these presents 37. And the said A. B. and E. F. for them their That the ship shall be strong and well furnished Executors and Administrators do joyntly and severally covenant and grant to and with the said C. D. his Executors Administrators and Assigns by these presents That the said Ship at the time of her departure from Graves-End aforesaid shall be strong and stanch and well and sufficiently victualled tackelled furnished and apparelled with Masts Sails Sail-yards Anchors Cables Ropes Boat Boat-oars 25 Pieces of Ordinance Guns Gun-powder Shot Tackle Apparel and Furniture meet and needful for the said Ship and Voyage together with a Master One Hundred and forty Men and a Boy which Men Men and Boy to assist the Merchannt and Boy or so many of them as shall be requisite shall be ready at all Time and Times with the Boat of the said Ship to serve and carry the said Merchant his Factors and Assigns and Goods and Merchandizes of the said Masser according to Custom to and from the Land during the said Voyage 38. And it is further agreed by and between Port-charges how born the said Parties to these presents That all such Port-charges as shall arise and grow due to be payed during the said Voyage and all such Steringree as during the said Voyage shall be used in and about the said Ship shall be payed born and susteined in manner and form following That is to say the one Moiety or half Part thereof by the said Merchant his Executors Administrators or Assigns and the other half Part thereof by the said Part-owners their Executors and Assigns Both to bind themselves to perform the Covenants on each Part to be performed Vid. Sect. 17. Another between Part-owners of a Ship whereby the Sharers of one Moyety letteth to freight their Part to the Sharers of the other Moyety 39. THis Charter-Partie Indented of affreighiment made the c. Between A B. and C. D. of London Merchants Part-owners That is to say Owners of the one Moyety or half Part of a good Ship called the R. of London of the burthen of 300 Tuns with the like Moyety of all the Masts Sails Tackle Apparel Furniture Ordinance and Appurtenances thereunto belonging now riding at Anchor in the River of Thames within the Port of London whereof the said C. D. is Master under God of the one Part And E. F. and G. H. of London Merchants Owners of the other Moyety and Residue of the said Ship with the Masts Sails Tackle Ordinance Furniture and Apparel thereunto belonging on the other Part. 40. Witnesseth that the said A. B. and C. D. The â—erting to freight the Ship have granted and letten to freight and by these presents do grant and let to freight All that their said Part and Moyety of the said Ship and Premises unto the said E. F. and G. H. for a Voyage with her to be made by Gods Grace in manner and form following 41. That is to say That the said A. B. and The first Voyage to unlade Part. C. D. for them their Executors Administrators and Assigns do hereby covenant and grant to and with the said E. F. and G. H. for them and either of them their and either of their Executors and Administrators by these presents That the said Ship being already laden shall with the first good Wind and Weather that God shall send next after the Date hereof by Gods grace the perils and dangers of the Sea excepted directly sayl from the said River of Thames and apply unto the Port of Ligorn in Italy under the Dominion of the Duke of Florence and there shall discharge such Goods and Merchandises as shall be appointed there to be unladen by the said E. F. and G. H. or one of them
Master under God C. D. And whereas E. F. of c. the day of the date hereof hath payed and delivered unto me the said A. B. the sum The Money adventured of fifty pound of lawful Moneys of England whereof I do hereby acknowledge the Receipt the Adventure of which said fifty pound the said E. F. is content and agreed to bear and stand to out and home 6. Now know ye that I the said A. B. do To imploy it to the best advantage covenant and grant for me mine Executors and Administrators to and with the said E. F. his Executors Administrators and Assigns by these presents That I the said A. B. my Executors Administrators or Assigns shall and will dispose convert and imploy the said fifty pound to and for the best and most benefit and advantage of the said E. F. his Executors Administrators or Assigns according to the best of my skill and knowledge in the said Voyage 7. And also that I the said A. B. mine Executors To make accompt and pay the profit of the adventure Administrators or Assigns within thirty Dayes after my return from the said Voyage or the Arrival and Discharge of the said Ship within the Port of London which shall first happen shall not only give and deliver unto the said E. F. his Executors Administrators or Assigns a just and true accompt of the Disposition and Management of the said Adventure but also truly pay and deliver or cause to be payed and delivered unto the said E. F. his Executors Administrators or Assigns all such Money and Proceed as shall by the foot of the said accompt appear to be due and coming to him the said A. B. his Executors Administrators or Assigns In witness c. Another upon a Man of War 8. TO all c. I A. B. Owner of a fourth Owner of a fourth Part. Part of the good Ship called the Mermaid of Pool of the burthen or Portage of One hundred Tuns or thereabouts and also of a fourth Part of all the Tackle Apparel Ammunition Furniture and Artillery to the said Ship belonging and also of the one fourth Part of the Victual and Provision to and for her now provided That the Ship is outward bound for a man of War and appertaining do send greeting 9. Whereas the said Ship called the Mermaid is now outward bound for a Man of War by way of Reprisal under the conduct command and guidance of W. B. Captain thereof And whereas C. D. E. F. and G. H. of c. have payed and delivered unto me the said A. B. forty pound sterling to be adventured upon gain and loss upon the said fourth Part of the said Ship Furniture The adventure and Victual in her next Voyage to Sea 10. Now know ye that I the said A. B. for That adventures shall have a due proportion mē mine Executors and Administrators do covenant and grant to and with the said C. D. E. F. and G. H. and every of them their and every of their Executors Administrators and Assigns by these presents That I the said A. B. mine Executors and Administrators shall and will from Time to Time hereafter not only come to a true and just accompt with them the said C. D. E. F. and G. H. or one of them their or one of their Executors or Administrators for all such benefit advantage gain and increase as shall from time to time be made or come of for or in respect of the said forty pound so adventured as aforesaid but also from time to time to satisfie and pay unto the said C. D. E. F. and G. H. their Executors or Assigns or to one or more of them in the behalf of the rest such shares parts and proportions as shall be made or grown of and for the said Ship Furniture and Victual as also of all prizes by her to be taken rateable and proportionable according to the gradual rate of a greater or lesser sum or share that shall be had or received by any other Owner or Part-owner or Adventurer in or of the said Ship Furniture and Victual In witness c. Another upon a Man of War and several other Ships taken into consortment with her 11. TO all c. whereas I the said A. B. have Recital of the intended voyage prepared victualled and fitted to sail for a Voyage to the East-Indies as a Man of War in case of Reprizal a good Ship called the Mary of London and certain other Ships by me after to be taken into consortment with her by and under the power and vertue of a certain Commission to me made and granted by and from c. constituting and appointing me Admiral and General of the said Fleet and for and towards the furnishing fitting victualling arming and setting forth to Sea of the said Ships I the said A. B. before the ensealing and delivery of these presents have had and received of and from E. F. Of the adventure of c. the sum of fifty pound sterling upon the adventure of the said Ship and Ships in the said Voyage And the said E. F. is contented to adventure the said sum of Money upon the said Ship and Ships during the said Voyage in the same manner and form as other adventurers do 12. Now know ye that I the said A. B. That the adventure shall have his proportion have covenanted granted and agreed and do by these presents for me mine Executors and Administrators covenant grant and agree to and with the said E. F. his Executors and Administrators and every of them That he the said E. F. his Executors and Administrators for and in consideration of the said sum of fifty pound so by him adventured as aforesaid shall have and receive to his and their own use and uses such a ratable part share and proportion as other Adventurers on the said Ship and Ships are to have or shall have in all and every such prize and prizes goods Iewels Money and other things whatsoever which shall be had taken obteined attached atchieved or gotten either by Sea or Land during the said Voyage or by reason thereof by or with the said Ship or by or with any other Ship or Ships Vessel or Vessels that shall be in consortment or fellowship with her or by the means of them or any of them in or during the said Voyage or which shall be to the said Ship or Ships or any of them by reason or means of the Voyage aforesaid appertaining or belonging as according to the just rate and proportion of fifty pounds the same shall amount unto the due and necessary charges pertinent and belonging to the said Voyage being out of the whole first deducted In witness c. The Form of a Bill of Bottombry 18. TO all c. I A. B. Owner and Master of the good Ship called the 1. of London of the burthen of One hundred Tuns or thereabouts now
or vexation shall cause procure or willingly permit against the said C. D. his Execuâ—ors Administrators Sureties Factors or Assigns In witness Another to a Debtor beyond the Seas for six Months paying six shillings eight pence a pound 40. TO all c. We c. nameing the Creditors Leave given for six Months to come to and abide in England send greeting c. Whereas C. D. Merchant now resident in the Parts beyond the Seas is indebted unto his Creditors whose names are hereunder written in several Sum and Sums of Money and being unable to pay us our whole Debts we do hereby declare that every one of us who shall subscribe these presents with his proper name or mark shall and will give him free leave and license both for his person and goods to go come abide and be amongst us for the term of six Months to be computed from the Date hereof without our or any of our lett trouble suit arrest or disturbance 41. And further that if the said C. D. his Exeâ—utors If Creditors be satisfied six shillings and eight pence a pound to give a Release Administrators or Assigns shall within the space of six Months aforesaid to be computed from the Date hereof pay or cause to be payed unto us for and in respect of the several Debts owing severally unto us six Shillings and eight pence sterling by him to us severally owing not accompting Interest for the said several Debts to us owing or for any Part thereof That then we shall accept of the said six Shillings and eight pence the pound in full of the said Debt and Debts to us severally owing and shall give unto him or them thereupon at his costs and charges general Acquittances and Releases from us and every of us and in further declaration of our leaves and license to him given as aforesaid we do promise to seal and subscribe unto him a Letter of License to be made according to the purport and true meaning hereof Witness our hands this day of c. Another in brief 40. TO all c. We or such of us who have License given to come into England and abide six Months without the trouble of the Creditors signed and sealed these presents being Creditors of C. D. an English Merchant now reuding at F. in the Parts beyond the Seas do send greeting Whereas the said C. D. is indebted to us his said Creditors severally in divers Sums of Money for which by reason of bad Debts and other casual Hindrances as well by Sea as Land he is unable to give unto us present satisfaction and having desired as well by sâ—veral of his own Letters as by Mediation of his friends here resident in England for a time without our or any of our molestations arrests suits or interruption to come over into England and to reside here as well to gather in and recover the Debts to him due here as to make his true estate known unto us and as much as in him lyeth to give us and every of us satisfaction for the said Debts by him to us particularly owing Vnto which request and desire of the said C. D. we do hereby condescend and are content that he shall come over into England and stay or abide in London or elsewhere within the said Kingdom in peace and quiet and without the arrest suit trouble or molestation of us or any of us for and during the space of six Months to be computed from the Day of the Date hereof In witness c. Another to a Debtor resident in England for a years time 43. TO all c. We A B. C. D. E. F. and G. H. of London Merchants do send greeting Recit I of the Debts Whereas I. C. Citizen and Vintner of London for and by reason of Commerce and divers Contracts Agreements and other causes Between him and us the above-named persons severally passed and had standeth and is indebted to us the said A. B. C. D. E. F. and G. H. severally in divers and sundry great sums of Mony as by several obligations and specialties under his hand and seal unto us severally made it doth and may appear 44. Now know ye that we the said A. B. Liberty to Negotiate without interruption C. D. E. F. and G. H. for divers sundry good and charitable causes and considerations us hereunto especially moving Have given and granted and by these presents do give and grant full licence and liberty unto the said I. C. quietly and freely to go about attend and negotiate as well his own private affairs and businesses as also all other matters and things whatsoever he hath or shall have to do and prosecute for any person or persons whatsoever as well within the City of London as elsewhere within the Kingdom of England at all and every Time and Times from henceforth for and during the space of Twelve months to begin and commence from the day of the Date hereof without any manner of let disturbance stay arrest or attachment of his person or of his Goods Chattels Mony Merchandizes or any other his Commodities or things whatsoever by us the said A. B. C. D. E. F. and G. H. or any of us or by the Executors Administrators or Assigns of any of us on this side or within the space of Twelve months to be accounted as aforesaid 45. And we are not only contented and agreed The Debts released of such as shall pursue c. contrary to this Licence to give and grant this our present Licence unto the said I. C. for and during the Time aforesaid within which space he the said I. C. doth intend the payment or satisfaction of all and every the said Debts but also we and every one of us for his part doth by these presents agree and declare that if it shall happen the said I. C. in his person Wares Goods or Merchandizes or any of them within the said time or space of Twelve months next ensuing the Date hereof by us or any of us the said Creditors or by our or any of our Eâ—eâ—utors Administrators or Assigns or by any other person or persons by or through the authority comâ—andment will consent or procurement of us or any of us against the tenor form and effect of these presents in any wise to be arrested sued impleaded molested or attached that then he the said I. C. his Heirs Executors and Administrators shall by virtue of these presents for evermore be clearly acquitied and discharged against him or them of us by whom or by whose authority means or procurement he the said I. C. his Goods Wares Moneys or Merchandizes shall be contrary to the form effect and true meaning of these presents to be vexed molested attached sued arrested or hindered of all manner of actioâ—s suits debts and demands whatsoever they be from the beginning of the world until the day of such arrest suits attachment or molestation In witness
which the said C. D. his Executors Administrators or Assigns now hath or shall or may hereafter commence or prosecute or cause to be commenced or prosecuted against any person or persons for the recovery getting in or obtaining any of the said Debts Duties or Demands aforesaid or for any Debts Duties sum or sums of Mony or any thing whatsoever touching the said Copartner-ship now owing or which shall hereafter be due or payable by the said C. D. and A. B. or either of them to any person or persons whatsoever for or by reason of any Wares taken-up upon Credit by him the said C. D. and not charged upon the said partible account wherewith or whereby the said A. B. shall or may be charged or chargable In witness whereof c. Another being a Partition of Debts between a Copartner and the Executors of the other 18. THis Indenture made c. Between A. B. Recital of the former Partnership of the one part and C. D. of c. Son and Heir of E. D. late Citizen of London deceased and Executor of the last Will and Testament of the said E. D. on the other part Whereas the said A. B. and E. D. in the life time of the said E. D. did deal and trade together as joynt Partners and occupyers in the Trade of c. and other Merchandizes and in buying selling and Merchandizing and by reason thereof divers and sundry sum and sums of Mony by divers and several persons became due and payable to them joyntly as Debts joyntly owing unto them the said A. B. and C. D. And whereas the said A. B. and E. D. in the life time of the said E. D. by agreement between them did sever part and divide between them divers Debts due and owing Debts formerly divided and received unto them in such manner and form as in and by a certain pair of Indentures bearing Date c. and certain Schedules thereunto annexed made between the said A. B. of the one part and E. D. of the other part more plainly it doth and may appear since which time divers of the said Debts have been received and compounded for as well by the said A. B. and E. D. in the life time of the said E D. as also by the said C. D. and A. B. since the decease of the said E. D. 19. And whereas divers and sundry sums of Recital of remaining Debts unpaid Mony remained then and are yet unpaid and compounded for And for the better recovery thereof and for the continuance of Peace and amity between them They the said A. B. and C. D. have equally divided those Debts yet remaining unpaid or compounded for as in and by two Division of them several Schedules thereof made the one called the first Schedule wherein the Debts Duties sum and sums of Mony and Demands yet due and unsatisfied now allowed and appointed unto the said C. D. are contained and mentioned and the other called the second Schedule wherein the Debts Duties sum and sums of Mony and Demands yet due and unsatisfied and now appointed unto the said A. B. are likewise contained and mentioned as by the said Schedules hereunto annexed it doth and may appear 20. Now this Indenture witnesseth That it is Covenanted granted concluded and fully agreed by and between the said Parties for and concerning the Premisses in manner and form Assignment of Debts by A. B. to C. D. following And first the said A. B. for him his Executors and Administrators doth by these presents grant assign and set-over remise and release unto him the said C. D. his Executors and Administrators all and every the Debts Obligations Bills obligatory and several sum and sums of Mony in the said Schedule annexed to this present Indenture called the first Schedule mentioned and expressed and all his part portion interest right and demand therein or thereto with all such benefit and commodity as the said A. B. can or may lawfully take or receive upon or by reason of the said Obligations Bills Debts or Demands contained or mentioned in the said first Schedule allotted as aforesaid unto the said C. D. 21. And further the said A. B. doth by these Makes assignee Attorny to sue presents constitute and appoint in his place and stead put the said C. D. during his life and after his death the Executors or Administrators of the said C. D. to be lawful Attorney or Attorneys irrevocable for and in the name of the said A. B. during his life and after his decease for and in the name of his Executors and Administrators to ask take sue for recover and receive all and every the said Debts in the said first Schedule mentioned of the particular Parties therein mentioned or any of them their or any of their Executors or Administrators 22. And the said A. B. for him his Executors Power given to recover and Administrators doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That it shall and may be lawful to and for the said C. D. during his life and to and for the Executors or Administrators of the said C. D. after his death at the only Costs and Charges of the said C. D. his Executors and Administrators in the Name of the said A. B. during the life of the said A. B. and after his death in the Name or Names of the Executors or Administrators of the said A. B. to commence and prosecute any Action or Actions Suits or Plaints for the recovery and getting in of all or any the Debts Duties or Demands in the said annexed Schedule called the first Schedule mentioned or contained against all or any the Debtors therein named their or any of their Executors or Administrators and the same at the Cost and charges of the said C. D. his Executors or Administrators to prosecute and pursue until Iudgment and Execution thereupon shall be had and taken And all such sum and sums of Mony that shall upon or by reason of any Suit or Suits Plaint or Plaints happen to be recovered had levyed and received it shall and may be lawful to and for the said C. D. his Executors and Administrators to have and take to his and their own use and uses without any account to be thereof yielded or rendred to the said A. B. his Executors and Administrators or any of them ratifying and by these presents confirming all and every action and actions act and acts thing and things which the said C. D. his Executors or Administrators shall lawfully make do commit or execute or cause to be made done committed or executed in and about the premisses for and touching the said Debts in the said first Schedule mentioned 23. And the said A. B. for himself his Executors Not to Release and Administrators doth by these presents Covenant and grant to and with the said C. D. his Executors and Administrators That he the
them and the same shall or may retain and hold to his and their own proper use without any account thereof or of any part thereof to be made oâ—â—endred to the said A. B. his Executors or Administrators or any of them 36. And that he the said A. B. his Executors Power given to sue Administrators or Assigns shall and may commence sue or prosecute any Action Suit or Plaint for the Recovery getting in or obtaining of the said Debts in the said Schedule mentioned or any of them at the Costs and charges of the said A. B. his Executors Administrators or Assigns in the Name or Names of the said C. D. or of the said A. B. and C. D. or either of them their or either of their Executors or Administrators without any discharge revocation or stay of the said Action or Actions Suits or Plaints or any of them to be caused or suffered by the said C. D. his Executors or Administrators so as the said A. B. his Executors or Administrators shall from time to time upon reasonable request to him or them to be made in that behalf by the said C. D. his Executors or Administrators save defend and keep harmless the said C. D. his Executors and Administrators and every of them of and from all Losses Costs and Dammages which he the said C. D. his Executors or Administrators shall or may sustain or be at by occasion or means of any such Action Suit or Plaint to be prosecuted as aforesaid 37. And that he the said C. D. hath not heretofore Not to release any Debts if he do himself to make satisfaction nor that he his Executors or Administrators shall hereafter receive acquit release or discharge the said Debts in the said Schedule mentioned or any of them unless it be by the special consent and agreement of the said A. B. his Executors Administrators or Assigns first in that behalf had or obtained in writing but in case the said C. D. his Executors or Administrators shall heâ—eafter release acquit or discharge any of the said Debts in the said Schedule expressed without such consent and agreement of the said A. B. his Executors or Administrators as aforesaid That then he the said C. D. his Executors or Administrators within six weeks after every such Release and discharge of any of the said Debts in the said Schedule expressed shall and will truly pay and satisfie or cause to be paid and satisfied to the said A. B. his Executors and Administrators the full proportion of all and every such Debt and Debts in the said Schedule expressed which he the said C. D. his Executors or Administrators shall so release or discharge without fraud or covin 38. And the said A. B. for himself his Executors The one to pay part of the Debts by them owing and Administrators doth covenant and grant to and with the said C. D. his Executors and Administrators by these presents That he the said A. B. his Executors or Administrators shall and will well and truly satisfie and pay to aâ—â— among the Creditors of the said A. B. and C. D. in respect of their said Copartnership the sum of 500 l. of lawful moneys of England towards the payment and satisfaction of such Debts and sums of money as to the said Creditors are due and owing out of or in respect of the said partible stock copartnership or joynt occupying in manner following viz. c. 39. And the said C. D. for himself his Executors The other to pay the other part of the Debts and Administrators doth covenant and grant to and with the said A. B. his Executors and Administrators by these presents That he the said C. D. his Executors or Administrators shall and will well and truly satisfie and pay to and among the said Creditore towards the payment and satisfaction of such Debts and sums of money as to the said Creditors are due and owing out of or in respect of the said partible stock and joynt dealing the sum of 400 l. of lawful moneys of England in manner and form following vâ—â— c. 40. And it is agreed by and between the Private Debts said parties to these presents And each of the said parties severally for himself his Executors and Administrators doth covenant and grant to and with the other of them his Executors and Administrators by these presents That if any privy Debt charge or cause of action be growing or depending by reason or occasion of the said Copartnership unto which the said Copartners are become subject and liable unto other then and except such known Debts charges and causes of action as are mentioned or specified to be owing due or arising in and by their common Book of Accompts kept between them That then and in all such cases such of the said parties to these presents in whose default or by whose act and procurement such Debt charge or cause of action did grow or arise shall within convenient time fully satisfie and pay the same and thereof discharge acquit and save harmless the other of the said parties his Executors and Administrators 41. And moreover it is agreed by and between Variances arising how to be decided the said parties for them their several Executors and Administrators That if any variance or cause of Suit at any time or times hereafter do or shall happen to grow or arise between the said parties or the Executors or Administrators of them or either of them by for upon or concerning any Covenant clause matter or thing in these presents expressed or contained or for or in respect of the said Copartnership or joynt trading That then and so often the party in that behalf grieved shall make declaration thereof unto c. unto whose order determination and judgment for touching and concerning the same or any part thereof for time to time the said parties and either of them for their several parts and for their several Executors and Administrators do wholly submit themselves by these presents so as their order and judgment concerning the same be made or given up in writing under their hands and seals within three Months next after such declaration to them made as aforesaid and during the said three Months neither of the said Parties shall directly or indirectly bring pursue or prosecute any Action Suit or Plaint against the other of them his Executors or Administrators touching the same And they the said Parties do bind themselves their several Executors and Administrators to stand to abide and perform all and every such order judgment and determination as the said c. shall within such time as aforesaid make and give-up as aforesaid for and touching the Premisses referred to them In witness whereof c. The form of a Condition of a Bond upon separation of Copartnership 42. THe Condition of this Obligation is Recital of former Partnership and Debts contracted such That whereas the within bounden A. B. and the
satisfaction of her Title of Dower in the late Mansion house of the said M. F. scituate in c. the sum of forty pounds of lawful Moneys of England or shall deliver unto her so much of her said late Husbands Goods as shall amount to that value according to a reasonable estimation and likewise for the Funeral charges of the said M. F. ten pounds of like Moneys And also shall deliver to her the said E. F. to her own use or suffer her to detain and keep to her own use and behoof all her Apparel and Ornaments belonging to her Body and such other things as she and the Creditors have agreed as may appear by writeng under their hands 10. Item That the said C. D. so soon as An Inventory to be made of the Goods reasonably may be after the said Letters of Administration to him granted shall with and by the consent and in the presence and over-sight of c. or three of them cause all the Goods Chattels and Debts within the Realm of England which were belonging to the said M. F. at the time of his decease to be viewed and appraised by indifferent Persons and a true Inventory thereof to be made according to the usual custome in such cases used within the City of London 11. Item That the said E. F. for her part The Widow to discover the Goods shall and will use all her best endeavour to discover and make known all and singular the Goods Chattels and Debts of the said M. F to the said C. D. and the other persons before-mentioned without any concealment default or delay in her behalf 12. Item That after the Goods Chattels The Debts to be satisfied and Credits of the said M. F. shall be so viewed and appraised and an Inventory thereof made and taken as aforesaid That then as well for the satisfying and payment of what is to be first satisfied and paid in manner and form aforesaid as towards the equal payment of the said Creditors the said C. D. shall by the consent and oversight of the said c. or any two of them make such speedy sale at the best rates that he can of all the Goods and Chattels which were of the said M. F. within the Realm of Cngland other than such as be appointed for the said E. F. as aforesaid and make such speed to gather in and obtain such Debts as were owing unto the said M. F. at the time of his decease as he reasonably can or may do and then after the satisfaction and payment before-mentioned to be first satisfied and paid being first had and made shall from time to time proportion and divide all the rest that shall come to his hands of the Estate of the said M. F. unto every of his said Creditors rate and rate like according to the quantity of their several Debts from time to time and as often as he the said C. D. shall have any thing whereof such dividend may be made until all the said Creditors shall be payed and satisfied their said Debts if the Goods Chattels and Debts of the said M. F. will extend or amount thereunto 13. Item That R. H. one of the Creditors Debts beyond Sea c. in the said Schedule mentioned shall enjoy all such Goods and Debts which were of the said M. F. and which the said R. H. hath now attached beyond the Seas towards the payment of such Debts as the said M. F. did owe there to him and thereof the said R. H. so soon as conveniently may be to shew the account to the said C. D. and four or three of the said Creditors at the least and if more be recovered beyond the Seas by the said R. H. of the Goods and Debts late of the said M. F. than the Debt which the said M. did owe to be paid there to the said R. H. That then he the said R. H. shall accept of the overplus in part of payment of his Debt owing unto him by the said M. F. here in England 14. Item That none of the Parties aforesaid Not to commence or prosecute any Suit in prejudice of these agreements shall or will do or procure any thing to be done by any Suit Plaint Action or Attachment against the said C. D. or any other within the Realm of England whereby the performance of these present agreements or any of them shall or may in any part be impeached troubled or let and that every of them shall acquit and relinquish all and every former Suits and Attachments whatsoever had or made which shall or may in any wise let or prejudice the true performance and fulfilling the said agreements contained in these presents or any of them 15. Item The said C. D. doth hereby agree To take upon him Administration to discharge the Debts c. to take upon him the said Administration and thereof to administer truly and faithfully according to these present Articles and if there shall come suâ—ficient to his hands to satisfie all the Creditors of the said M. F. and any thing shall remain to him over and above what will satisfie according to the true meaning of these presents That then upon reasonable request to him made and discharge thereof to him given by the said E. F. her Executors or Administrators he the said C. D. shall and will well and truly pay or cause to be paid the remainder thereof unto the said E. F. her Executors or Administrators she or they putting in reasonable security to the said C. D. by her or their own Bond to re-pay the same or so much thereof as shall be lawfully and truly recovered by any other Creditor of the said M. F. 16. Item If any Creditor or Creditors Iâ— Debts be recovered by Creditors not Parties hereunto then all to Contribute of the said M. F. not Party to these presents do at any time commence any Action or Suit against the said C. D. as Administrator of the Goods and Chattels of the said M. F. and that the said Creditor or Creditors of the said M. F. shall thereby lawfully without practice fraud or covin recover their Debts or any of them against the said Administrator Then it is further agreed by and between the said Parties to these presents That the Creditors aforesaid Parties to these presents whose Debts shall be payed in part or in whole according to this agreement shall out of their several dividends allow satisfie and pay part and part like unto the said C. D. so much of their parts and proportions so received as aforesaid and according thereunto as will satisfie and discharge the said Debt or Debts and Dammages and Costs of Suit for the same the said C. D. likewise contributing accordâ—ng to his Rate towards the same 17. Item It is further agreed That if To give notice of Suits any Creditors of the said M. F. not Parties to this agreement shall or do commence any Suit
part or parcel thereof in or by his or their or any of their Deed or Deeds Indented by him or them to be seal'd subscribed and duly executed in the presence of two or more lawful and credible Witnesses at the least or by his their or any of their last Will and Testament in writing by him or them to be seal'd and subscribed and pronounced or affirmed to be his or their last Will or Wills in the presence of two or more credible Witnesses to appoint limit give or devise any part of such and so much of the said Mannors Messuages Lands Tenements Hereditaments and Premisses with the Appurtenances as he or they shall then so stand and be seised of as is To settle a Joynture not exceeding 200 l. per ann aforesaid not exceeding in ancient yearly value or Rent the sum of two hundred pounds by the year to or for any Woman or Women which they or any of them shall at any Time or Times hereafter lawfully espouse marry or take to his their or any of their Wife or Wives for her or their Ioynture or in satisfaction of Dower during the natural life or lives onely of such Woman or Women so as the said Gift Devise Limitation or Appointment for Ioynture or Ioyntures be not made without impeachment of Wast by any special Covenant clause or matter for that purpose to be contained in any such Deed or Deeds or last Will. And it is further graâ—ted condescended and fully agreed unto by and between The Cognizees c. to stand seized to the use of Lessees c. all and every the Parties to these presents for them and their Heirs that the several Fines and Recoveries before in and by these presents Covenanted mentioned meant intended or specified to be had made acknowledged â—â—vyed or suffered of the Premisses and of every or any part or parcel thereof shall be judged construed deemed and taken to be And also that they the said C. D. E. F. c. and their Heirs and the Survivor and Survivors of them his and their and every of their Heirs shall stand and be seized Of for and concerning such and so much of the said Mannors Lands Tenements and other the Premisses as shall be so Demised Letten or Devised for any Term of years as aforesaid and according to the true intent and meaning of these presents To the use and behoof of all such and so many of the Person or Persons and of their Executors Administrators and Assigns to whom such Demise or Demises Lease or Leases Devise or Devises for any such term or terms of years shall be made according to the intent and true meaning of every such Demise Lease or Devise so thereof to be made and in such sort as shall be limited expressed or intended in or by such Demise Lease or Devise To have hold and enjoy the things to him or them so to be Demised Leased or Devised for and during only such and so long time or term or terms for the which such Demise or Demises Lease or Leases Devise or Devises shall be so made as aforesaid so as every such Person or Persons to whom such Demise or Demises Lease or Leases Devise or Devises shall be made as aforesaid and his and their Executors Administrators and Assigns having sufficient notice and knowledge to whom the same by the true intent and meaning of these presents shall So as they pay their Rents of right belong and appertain shall well and truly pay or cause to be paid to such Person or Persons for the time being to whom the next and immediate Reversion or Remainder of the thing or things to him or them so to be Demised Letten or Devisâ—d shall during such term or terms appertain the yearly Rent or Rents in or by such Demise Lease or Devise to be reserved or mentioned to be reserved at the day or days and according to the clause of Reservation therein to be contained limited and appointed or within one and twenty days at the furthest next after lawful demand made of and for the said Rent or Rents at the time or times when the same shall be due and payable according to the purport and true meaning of such Demise or Demises Lease or Leases Devise or Devises And that of for Cognizees to stand seized to the use of Wife or Wives c. and concerning such of the Premisses aforesaid as shall be by the said C. B. or any Issue Male of his body or the Issue Male of such Issue according to the purport effect and true meaning of these presents limited appointed given disposed or devised to or for the Ioynture or Ioyntures of any such Woman or Women which they or any of them shall lawfully marry as aforesaid To the use and behoof of every such wife or wives for and during the term of the natural After the Leases c. determined then to the former uses life or lives of such wife or wives And as the said several Vses Provisions and Limitations herein before expressed by the true meaning and intent of these present Indentures shall severally end and determine Then to the use of such Person and Persons as by the true intent and meaning of any the Limitations aforesaid should or ought to have had the same if no such Limitation Guift Lease Devise or Appointment had been done or made and for such Estate and Estates and in such order form course quality and degree and with such Remainder and Remainders thereof over and by upon and under such Provisoes and Limitations as are hereni before setforth and declared 13. Provided alwaies and it is further Another to Lease I and setled in Joynture at the Rents agreed upon in a Schâ—dule Covenanted granted concluded and fully agreed by and between all and every the said Parties to these presents and it is the true intent and meaning of these presents and of the Parties to the same that it shall and may be lawful to and for the said A. B. at all and every time or times hereafter when and as often as it shall please him by any Writing or Writings to be sealed and subscribed by and with the Hand and Seal of the said A. B. and by and with the Hand and Seal of the said E. his wife and whereunto the said E. shall be Party in the presence of three or more sufficient Witnesses and not otherwise And also that it shall and may be lawful to and for the said A. B. at any time after the decease of the said E. by any Writing or Writings by him to be sealed and subscribed in the presence of three or more sufficient Witnesses and not otherwise to make any Lease or Leases Demise or Demises of so much of the said Mannor of D. and other the Premisses in D. aforesaid as is limited or appointed to or for the Ioynture of the said E. or of any part or parcel thereof to any
or persons as should or ought to have had the same by the true intent and meaning of these presents next after the determination of the Estate of the same person or persons so marrying or contracting in such manner and form and of such Estate and Estates as is herein before limited any thing herein before contained to the contrary hereof in A Rent to cease upon a Daughters Marriage without Fathers license or his payment to her a Portion any wise notwithstanding 7. And it is Covenanted concluded and agreed by and between all the said parties to these presents for them and every of them their and every of their Heirs and Assigns And it is the true intent and meaning of the said Feoffment Fine and other assurance of the said Premisses so made as aforesaid That they the said C. D. E. F. and G. H. shall stand and be seâ—sed of the said Mannor and of all and singular other the Premisses to the uses intents and purpose following that is to say to the use intent 〈◊〉 purpose that the said C. B. the Son of the Feoffor A. B. and his Assigns shall and may receive yearly c. And also to the use intent and purpose That K. B. one of the Daughters of the said A. B. shall and may yearly during the term of her natural life have and perceive out of the said Premisses one yearly Rent of Forty pounds per annum of good and lawful money of England to be paid at the Four usual Feasts of the year that is to say at the Feasts of the Annunciation of St Mary the Blessed Virgin St. Ioâ—n the Baptist St. Michael the Archangel and the Nativity of our Lord and Saviour Iesus Christ by even and equal portions And if it shall happen the said yearly Rent of Forty pounds or any part thereof to be behind or unpaid at any of the said Feasts or days of payment whereon the same ought to be paid as aforesaid That then the said K. B. and her Assigns during the life of the said K. shall and lawfully may enter and distrain in and upon the said Premisses or any part thereof for the same so being behind as for a Rent-charge to all intents and purposes 8. Provided alwayes That if the said The Proviso K. B. shall during the life-time of the said A. B. happen to marry without the consent of the said A. B. to such Marriage first had and obtained Or if the said A. B. shall or do at any time during his natural life bestow upon the said K. in Marriage or otherwise the sum of Five hundred pounds of lawful moneys of England That then and from thenceforth the said Annual sum of Forty pounds per annum shall cease and be determined to all intents and purposes whatsoever 9. To the use and behoof of the said A. B. To alter an Use limited to the Wife upon her claim of Dower for and during the term of his natural life without impeachment of or for any manner of waste and from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the term of her natural life and from and after the decease of the said A. B. and E. B. and of the survivor of them to the use and behoof of the right Heirs of the said A. B. for ever Provided always and it is the true intent The Proviso to alter the Use and meaning of these presents That if the said E. B. shall or do at any time or times after the decease of the said A. B. in case she shall fortune to survive him commence or cause to be commenced any Action or Suit for any Dower out of or in all or any of the Mannors Land Tenements or Hereditaments of the said A. B. or whereof he was seised of any Estate of Inheritance during the coverture between her and the said A. B. and shall not hold her self satisfied with the Lands and Tenements aforesaid limited meant and intended to and for her Ioynture and in satisfaction of her Dower That then and immediately from thenceforth the said Vse and Estate herein before limited to the said E. B. shall cease determine and be void to all intents and purposes and that then and from thenceforth the said Cognizees shall stand and be seised of the Premisses and of every part thereof to the use and behoof of the right Heirs of the said A. B. according to the Limitation aforesaid 10. To the use and behoof of the said A. B. Another for and during the term of his natural life and from and after his decease to the use and behoof of E. B. now wife of the said A. B. for and during the Term of her natural life or until such time as she the said E. B. or any other by her allowance or appointment shall by any publick act by her him or them to be done or permitted to be done seek endeavour or put in practice to obtain any Dower of in or to any the Lands Tenements or Hereditaments of the said A. B. or whereof he was seized of any Estate of Inheritance during the Coverture between him and the said E. B. and immediately from and after such publick act as aforesaid or after the decease of the said E. B. and A. B. to the use and behoof of the right Heirs of the said A. B. for ever 11. Let there be a Covenant from A. B. to To alter a Use upon Non-payment of a sum in gross levy a Fine to C. D. and then add as followeth which said Fine so to be had and executed as aforesaid of all and every the said Messuages Lands Tenements Hereditaments and Premisses shall be and inure and shall be deemed construed and taken to be and inure to the onely use and behoof of the said C. D. his Heirs and Assigns for ever 12. Provided alwaies nevertheless That The Proviso if the said C. D. his Heirs Executors Administrators or Assigns shall not well and truly content and pay or cause to be well and truly contented and payed unto the said A. B. his Heirs Executors Administrators or Assigns in or upon the c. next ensuing the Date hereof hereof at or in the now dwelling house of the said A. B. scituate in H. aforesaid the sum of One thousand pounds of lawful Moneys of Englands but in payment thereof or of any part thereof shall make default contrary to the true intent and meaning of these presents That then and from thenceforth the use before limited to the said C. D. of for and concerning all and every the said Messuages Lands Tenements Hereditaments â—â—d Premisses and of for and concerning every part and parcel thereof shall cease and determine â—nd that then and from thenceforth the said Fine to be had and executed as aforesaid and the Execution thereof shall be and inure and the said C. D.
and a boy which men and boy or so many of them as shall be useful shall be ready at all times convenient during the said Voyage with the cock or boat of the said Ship to serve the said Master his Factors or Assigns to and from the Land Here add their mutual obligation to perform the Covenants vide Devant pla Sect. 17. Another where the Ship is let for twelve Months and the hire to be at a certain Sum by the Month. 28. IN the Name of God Amen This Part-owners Charter-Partie Indented of Affreightment made the c. Between A. B. and E. F. of c. Part-Owners of the good Ship called the D. of London of the burthen of 200 Tuns or thereabouts now riding at Anchor in the River of Thames within the Port of the City of London of which ship the said E. F. is Master under God on the one Part and C. D. of London Merchant on the other Part. 29. Witness that the said A. B. and E. F. have The ship let to freight by the Month. granted and letten to freight and by these presents do grant and let unto freight the said Ship unto the said C. D. by the Month for and during the space of twelve Months to begin and to be accompted from the departure of the said Ship from Graves-End outward bound upon her present intended Voyage at and for the Rate and Price of c. of lawful Moneys of England by the Month and for such and so long time after the Expiration of the said twelve Months not exceeding six Months more as it shall please the said C. D. his Factors or Assigns to keep the said Ship in his service and â—â—ployment at and for the Rate of the like sum of c. per Month and so and after the same Rate and Price for a lesser Time than a Month accompting the Months as they shall fall out in the Kalendar And that the said Master hath accordingly hired and taken the said Ship by the Month after the Rate and Price aforesaid for a Voyage by Gods Assistance to be made with her as is hereafter mentioned 30. That is to sayâ— the said A. B and E. F. for The ship to be ready to begin the Voyage by a time certain themselves their Executors and Administrators do joyntly and severally covenant and agree to and with the said C. D. his Executors Administrators and Assigns by these presents that the said Ship upon or before the twentieth Day of c. next ensuing the Date hereof Wind and Weather permitting shall be ready to set sail and depart from Graves-End aforesaid upon her said intended Voyage and as Wind and Weather shall permit the perils and dangers of the Sea excepted shall directly sail and apply unto the Streights of G. where the said Ship may safely arrive and lawfully trade not exceeding the Latitude The Voyage of thirty Degrees and further to the South as the said Merchant his Factors or Assigns shall direct and appoint and that the said Ship the perils and dangers of the Sea excepted shall end her said Voyage in the Port of London 31. And further that the said Ship before To take in the Merchants goods her departure from hence and during the time that she shall be in the said service and imployment of the said C. D. his Factors or Assigns by vertue hereof shall lade receive and take into her and also discharge and unlade out of her all such Goods Merchandizes and Lading which she may conveniently stow and carry in her over and above her Victual Tackle and Apparel as the said Merchant his Factors or Assigns shall think to lade into and aboard her and to discharge and unlade out of her 31. And the said C. D. for himself his Executors That the Ship shall finish her Voyage in eighteen Months and Administrators doth covenant and grant to and with the said A. B. and E. F. and either of them their and either of their Executors Administrators and Assigns by these presents That he the said Merchant his Factors or Assigns shall and will permit and suffer the said Ship with her Ordinance Tackle and Apparel to be safely returned into the River of Thames from the said Voyage and to be there discharged from and out of her said intended imployment at the Expiration of eighteen Months at the farthest to be accompted from the Time of the said Ships entrance into Monthly Pay as aforesaid the perils and dangers of the Sea and necessary Use and Wearing of her Tackle Apparel and Furniture in the mean Time only excepted 32. And further that the said C. D. his Executors The payment of the freight Administrators and Assigns shall and will well and truly pay or cause to be payed unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns in London freight for the said Ship for the said intended Voyage at and after the aforesaid Rate of c. of lawful Moneys of England Monthly to be accompted as aforesaid by the Kalender for every Month that the said ship shall remain and be in the service and imployment of the said Merchant his Factors or Assigns by vertue of these presents and after the same Rate for a shorter Time then a Month That is to say from the Time of the said ships Entrance into her monthly Pay as aforesaid until she shall return into the said River of Thames from her said intended Voyage and be there discharged from and out of her said imployment 33. And that all the Moneys which at and after the Rate aforesaid shall arise and grow due The manner of payment for the freight and hire of the Ship to be payed for the freight of the said ship for her said intended Voyage shall be well and truly payed to the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns in London in manner and form following that is to say the one ½ or Moyety thereof within ten Dayes next after the return and discharge of the said ship in the said River of Thameâ— and the other Moyety or half Part thereof within three Months next following from and after the Determination and Expiration of the said ten Dayes together with Average Primage and Pettie-loadmenage accustomed 34. Nevertheless it is concluded and fully Other Provision touching the payment agreed upon by and between the said Parties to these presents That in case the said Ship shall be out upon her said intended Voyage the space or time of six Months to be accompâ—ed by the Kallendar as aforesaid And at the end of the said six Months shall be well and in safety in the service of the said C. D. his Factors or Assigns That then the said Merchant his Factors or Assigns shall within three Months next after the Expiration of the said six Months true and
riding at Anchor on the River of Thames within the Port of London and bound for a Voyage to St. Mallowes in France The Voyage and from thence to return back to London to make her discharge do send greeting in our Lord God everlasting The money intrusted upon the venture of the Ship 14. And whereas I the said A. B. at the ensâ—aling and delivery hereof am necessitated to take up upon the Adventure of the said Ship the sum of fifty Pounds of lawful Money of England for setting forth the said Ship to Sea and for furnishing of her with provision and necessaries for the said Voyage which said sum of fifty pound C. D. of London Merchant hath at my request supplied and lent unto me at ten pound for the said fifty pound during the said Voyage 15. Now know ye that I the said A. B. do The voyage for me mine Executors and Administrators covenant grant and agree to and with the said C. D. his Executors and Administrators by these presents That the said Ship shall with the first good Wind and Weather that God shall send after the tenth Day of this present Moneth of May depart from the said River of Thames and shall by Gods blessing directly as Wind and Weather shall serve proceed and sail unto St. Mallows in France and having there tarried until c. and the opportunity of a Convoy or being sooner dispatched which shall first happen shall depart from thence and shall be Gods blessing as Wind and Weather â—erve from thence directly sail return and come back to the River of Thames to finish and end her Voyage 16. And I the said A. B. do for the consideration To repay the Money lent aforesaid bind my self mine Heirs Executors Administrators Goods and Chattels and namely the said Ship with the Freight Tackle and Apparel of the same to pay unto the said C. D. his Executors Administrators or Assigns the sum of sixty pound of lawful Moneys of England within one and twenty Dayes next after the return and safe arrival of the said Ship in the said River of Thames from the said intended Voyage That he is Owner And I the said A. B. do for me mine Executors and Administrators covenant and grant to and with the said C. D. his Executors and Administrators by these presents That I the said A. B. at the ensealing and executing of these presents am true and lawful Owner and Master of the said Ship and have power and authority to charge and ingage the said Ship as aforesaid and that the said Ship shall at all times after be lyable and chargeable for the payment of the said sixty pound according to the true intent and meaning of these presents 17. And finally it is hereby declared and agreed If the ship miscarry the sixty pound to be lost that in case the said Ship shall be lost miscarry or cast away which God forbid before her next arrival on the said River of Thames from the said intended Voyage that then the said payment of the said sixty pound shall cease and determine and the loss thereof be wholly born and susteined by the said C. D his Executors and The Ship may be thus ingaged for security which is the surer way Administrators and that then and from thenceforth every matter and thing herein before conteined on the part and behalf of the said A. B. shall determine and be utterly void any thing herein before conteyned to the contrary thereof in any wise notwithstanding In Witness c. 18. And for the consideration aforesaid and for the better performance of all and singular the Premises on my Part to be done and performed according to the true intent and meaning of these presents I the said A. B. have bargained and sold and by these presents do bargain and self unto the said C. D. his Executors and Administrators all the said Ship and the Tackle Ammunition Ordinance Apparel and Furniture thereunto belonging 19. And the said A. B. for himself his Executors That he is Owner and Administrators doth covenant and agree to and with the said C. D. his Executors and Administrators by these presents that he the said A. B. at the Time of the ensealing hereof is the true and lawful Owner of the said Ship and Premises and that the same and every part thereof now are and be and so in case any default of payment of the said sixty pound or any part thereof contrary to the agreement aforesaid shall from Free from former saâ—es c. henceforth for ever be free and clear and freely and clearly discharged of and from all and all manner of former and other bargain and sales tiâ—les troubles charges and incumbrances whatsoever Proviso to make void upon payment c. 20. Provided nevertheless and upon Condition that if the said A. B. his Executors or Administrators shall well and truly pay or cause to be payed unto the said C. D. his Executors Administrators or Assigns the said sixty pound and every part thereof according to the intent and true meaning of these presents and likewise perform the Covenants herein before contained on his and their Part to be done and performed That then this present baâ—gain and sale of the said Ship and Premises and every matter and thing therein conâ—eined shall cease and be void and of none effect to all intents and purposes Any thing herein before conteyned to the contrary thereof in any wise notwithstanding c. Aaother from of a Bill of Bottombry with a Bond thereupon 21 TO all c. A. B. of c. Mariner Master and Part-owner of the good Ship or Vessel called the F. of London of the burthen of two hundred Tuns or thereabouts now riding at anchor on the River of Thames within the Port of London do send greeting in our Lord God everlasting Whereas the said Ship is now bound out upon a voyage from the said Port unto the Island of Barbadoes and from The Voyage thence if occasion shall be to the Island of May and so to return back again to the said Island of Barbadoes and from thence to London to end her Voyage 22. Now know ye that I the said A. B. for me mine Executors and Administrators do Covenant and grant to and with C. D. of c. who The sum delivered before the ensealing hath payed and delivered unto me the said A. B. the sum of one hundred pounds of lawful mony of England and is contented and agreed to stand to and bear the adventure of the said sum upon the body of the said Ship during the said voyage and to and with his Executors Administrators and Assigns by these presents That the said Ship with the first good When to begin and end her Voyage wind and weather that God shall send from and after the twentieth day of c. next ensuing the date hereof shall depart from the said River
greater or lesser Sum as the said principal Money lent or any part thereof shall remain and continue in and upon the Account of this Copartner-ship as aforesaid The same allowance of six pound the hundred to be taken out by every or any the said Copartners respectively leading any Sum or Sums of Money to the said joynt Account as aforesaid half yearly without any lett or impediment whatsoever Not to ingage themselves without consent 32. And further that none of them the said Copartners shall at any time or times hereafter during this Copartner-ship without the special license or agreement of the other of them first had and obtâ—ined in Writing in that behalf enter into Bond or become Bail or Surety to or for any Person or Persons whatsoever for any matter cause or thing whatsoever not being for the proper use and accompt of this Copartnership above the Sum of One hundred pound which shall be owing or undischarged at any time 33. Nor that any of them the said Copartners Not any of them to use any single trade shall at any time or times hereafter during the said term covertly or apparently directly or indirectly use or exercise any kind of Merchandize or Trade whatsoever to or for his or their own private or particular use or behoof with any Person or Persons whatsoever The gains whereof shall not or may redound to the said Copartners their Executors or Administrators or the Survivors or Survivor of them in case any of them shall happen to decease before the Exspiration of the said Term of four Years rateable and proportionable according to the intent and true meaning of these presents 34. And further that none of the said Parties Not to consign goods beyond Sea without consent shall or will at any time or times hereafter during this Copartner-ship consign or send over beyond Seas any Goods Wares or Merchandizes whatsoever belonging to the said joynt Account to any place or places there whatsoever other than what the greater number of the said Copartners shall conclude and agree upon Differences during the Copartnership how conclâ—ded 35. And that all differences arising in about or concerning the said joynt trade and the managing thereof which shall from time to time during this Copartner-ship arise or happen shall be decided and concluded according to and by the advise and direction of the Major Part of them the said Copartners 36. And the said A. B. for himself his Executors Covenants by A. B. and Administrators and for every of them doth covenant and grant to and with the said C. D. E. F. and G. H. and every of them their and every of their Executors and Administrators by To assist in the taking up of Money these presents in manner and form following That is to say That the said A. B. shall and will from time to time upon request during this Copartner-ship be aiding and assisting what he may unto the said C. D. and E. F. in and for the taking borrowing and advancing of any Sum and A. B. in regard the rest are to transact the whole affair to allow c. Sums of Money for the said joynt Accompt here in England by Bond or otherwise 37. And also that he the said A. B. in consideration that the said joynt business is to be wholly acted and performed here in England by the said C. D. and E. F. and beyond Seas by the said G. H. and by such other Person or Persons as for the time being shall be hired and imployed by the said Copartners in the said Parts beyond the Seas where none of the said Copartners except the said G. H. is to reside shall and will out of his own proper private and particular estate and not out of the said Account over and above the payments and allowances by him to be payed and allowed as aforesaid well and truly pay and allow yearly during the said Copartner-ship unto the said joynt Accompt the Sum of c. of lawful moneys of England to be payed altogether at the end of this Copartner-ship or at the decease of the said A. B. in case he shall happen to decease in the mean Time 38. Provided alwaies and it is further covenanâ—ed How he Part of such as dye during the four Years shall be disposed granted concluded and agreed by and between the said Parties to these presents and each and every of them by and for himself his Executors and Administrators covenaâ—teth and geanteth to and with each and every of the other of them his Executors and Administrators by these presents severally and respectively that in case any of the said Copartners shall happen to decease before the Expiration of the said term of four years and within three Months next after the Account shall be ageeed upon and ballanced between the said Copartners or Survivors of them That then the Survivor or Survivors of them the said Parties in full of the Part and Proportion of him or them so dying in and to the said stock of Twenty thousand pounds and the gains benefit and increase thereby then gotten and arisen Moneys lent to the joynt Account excepted shall and will only be lyable to pay and shall and will pay unto the Executors or Administrators of the Partie so dying within the said term of four Years and within three Months after ballance of the said Account the said Executors or Administrators first making good to the said joynt Account the charge of him so deceased so much lawful Moneys of England as by the last ballance of Account then before made up and agreed upon between the said Copartners shall be due and coming to such of them the said Copartners respectively dying as aforesaid within six Months after such decease the said Executors Allowance for desperate Debts c. or Administrators respectively there out allowing and abating to the surviving Copartners for and towards the losses that may happen to the said surviving Copartners by desperate and bad Debts due to the said joynt Account so many times fifty pound of lawful Money of England as half years or six Months of this Copartner-ship shall remain then unexspired at the time of such decease And further that in case any of the said Copartners shall decease before the End or Exspiration of the said term of four Years and full three Months after ballance of Account as aforesaid That then the Part of him or them so dying shall run on upon Account and be imployed by the Surviving Copartners in the said joynt Trade until the next ensuing Time agreed by these presents for ballancing of the Account And that the Surviving Copartners in full of the portion part and share of him or them so dying of in and to the said joynt-stock of Twenty thousand Pound and the benefit and increase thereby then gotten and arisen Money lent to the said joynt Account excepted shall and will only be lyable to pay and
said Goods so to be appraised as the same shall be valued And that he or they of them to whose Lot the said Goods shall happen to fall his or their Executors or Administrators shall accept receive and take the same And also shall within six Months then next following satisfie and pay or cause to be satisfied Lots cast which of them shall have the goods and pay a Moyety to the other Division of debts and payed unto the other of them the said Copartners his Executors or Administrators the Moyety or half Part of all such Money as the said Goods shall be valued and appraised at at or within the Brew-house before mentioned without any fraud or covin And shall also then make equal division between them of the Money then belonging to the said Copartnership and also of the debts then owing to the said Copartners for or in respect of the said partible Stock or Trade and of all and singular other the things now intended or expressed by these presents to be partible and divided between the said Parties to these presents in respect of the said Copartnership or otherwise thereof to deal and dispose as then they shall find to be most behooveful for them 105. And further that within convenient Another way of account and division time after the giving over ending or determination of this Copartnership intended by these presents the said Parties or the Survivor of them his Executors and Administrators shall and will upon reasonable request therefore to be made the one of them to the other of them if they be both living or if either of them shall be deceased then to the Executors and Administrators of the said Party deceased a true plain and perfect Account in writing of the said whole Stock Gains Debts Credits and all other things which shall be then in Copartnership between them or belonging to the said partible Stock and Trade and within six Months after the end determination or expiration of the said Copartnership be it howsoever shall make an equal and indifferent separation and division of all the said partible Stock Gains Debts and other the said premisses intended or exprest to be in Copartnership and assign allot and allow or cause to be assigned allotted and allowed one of them to the other of them the said Parties â—r if either of them be deceased then to the Executorâ—â— Administrators or Assigns of the deceased Copartner the moiety of the aforesaid Messuages or Tenements and so much of the said whole part and portion of the said Stock and Gains and of all and singular other the premisses which are expressed or meant to be in Copartnership as to any of the said Parties shall be due and appertaining or of right belonging for his port property and portion of and in the same according to the true intent and meaning of these presents first deducting and defalking so much as shall and may satisfie all the Debts which they the said Parties or any of them shall owe or be indebted for or in respect of the said partible trade or dealing 106. And that the Survivor of the said Survivor to gather in debts Parties his Executors and Administrators shall do his and their best endeavour to collect and gather in all the Debts which were or shall be owing to the said Copartners or any of them in respect of the said partible Stock or Trade and after defalcation made of so much either in goods stock mony or otherwise as shall suffice to satisfie and pay the Debts which shall be then truly owing by them or either of them in respect of the said partible Stock Trade or Dealing shall as the said Debts or any part thereof shall be had or received make payment of one half part thereof necessary Charges in suing for and getting in of the same being first deducted and allowed to the Executors Administrators or Assigns of such of tâ—e said Parties as shall first happen to decease To assign to Executors of Party dying part of the Debts c. 107. And that the said Survivor his Executors and Administrators if it be requested of him or them for all the residue of Debts and things whatsoever which are or shall be owing or belonging to them or any of them according to the true meaning of these presents in respect of the said intended Copartnership whereof the Executors Administrators or Assigns of the said Copartner first deceased as is aforesaid shall not have had and received his and their part shall and will make and deliver to the Executors Administrators or Assigns of the first deceased Copartner at his and their own proper Cost and charges such assignment conveyance and assurance of such part thereof as to the Executors or Administrators of such Copartner so first deceasing in truth ought to belong as by the Executors Administrators or Assigns of the said first deceased Partner or the learned Counsel in the Law of them or any of them shall be reasonably devised or advised 108. And moreover it is Covenanted All things transacted to be in both their Names granted and agreed by and between the said Parties to these presents That all such Malt Hops Coals Beer and other thing and things whatsoever which at any time or times hereafter shall be bought or sold used or imployed in or about the said joynt trade or occupying shall be had and done by the joynt consent of the said Parties if the same conveniently may be done and not otherwise And that all and every person and persons that shall hereafter become Debtor or Debtors to or for the said principal Stocks or any part thereof or for any Beer or other things that shall arise come grow or increase thereby or be sold out of or for the same or the proceed thereof shall be made debtors to both the said Parties for the same according to the true intent and meaning of these presents And that all Bonds Bills Assurances and Securities that shall be made or taken for any Beer or other Debts or for or concerning the true or good service of any Clerk or Clerks or other Servant or Servants which shall be put in trust to serve in the affairs of the said Brew-house or joynt Trade shall be made and taken to both the said Parties and in both their Names and shall be delivered and safely kept to both their uses And that neither of the said Parties without the consent of the other of Acquittances them his Executors or Administrators shall make seal or deliver any Acquittance or Acquittances Release or Releases Discharge or Discharges whatsoever to any person or persons their Executors or Administrators which is or shall be Debtor or Debtors for the said stock or any part or parcel thereof or for any Mony thereunto to be added or put to the increase thereof or that thereupon or by means thereof shall arise come or grow of for or concerning any Bond or Assurance as
Reckoning touching the same or any of them and also of and from all such Costs and charges losses and damages as shall be awarded or judged against the said A. B. his Heirs Executors or Administrators for or upon any Suit or Non-suit which hereafter shall happen to come or arise for or concerning the said Debts or any of them or any part thereof In witness c. Another form where one assigns his part to the other 10. THis Indenture made c. Between A. Recital of tho Copartnership B. on the one part and C. D. on the other part Whereas the said A. B. and C. D. by their Indenture of Copartnership bearing date c. for the consideration in the said Indenture specified did condescend conclude and agree to become and continue joynt dealers and Copartners together in the Art and Mystery of c. in buying selling and uttering of c. and all other Wares Commodities and Merchandizes belonging or commonly used to and with the said Trade for the term of c. from the Feast Day of c. if the said A. B. and C. D. should so long live and unless they the said A. B. and C. D. should otherwise agree together as by the said Indenture of Copartnership relation being thereunto had more fully and at large it doth and may appear 11. And whereas the said A. B. and C. D. The dissolution of it by their mutual consent free will and agreement and for very good causes and considerations them thereunto moving have thought fit to dâ—ssolve and break off the said Copartnership and from henceforth to become no Copartners together 12. Now this Indenture witnesseth That The one assigns his part to the other it is Covenanted concluded and fully agreed by and between the said Parties for and concerning the Premisses in manner and form following And the said A. B. for and in consideration of a certain sum of Mony to him in hand payed at the ensealing and delivery of these presents by the said C. D. the Receipt whereof he the said A. B. doth hereby acknowledge Hath granted assigned set-over remised and released and by these presents doth grant assign set-over remise and release unto the said C. D. his Executors and Administrators all and every such part portion and share as he the said A. B. hath may might or ought to have of in and to all and singular the Goods Chattels Houshold-stuff Wares Merchandizes Debts Books Obligations Specialties Bills obligatory sum and sums of Mony and other things whatsoever incident or belonging to the said late Copartnership or joynt dealing in any manner of wise And also all his Estate Interest Right and Demand therein or in or to any part thereof together with all such benefit and commodity as he the said A. B. might or ought to have had taken or received upon for or by reason of the said Bills Bonds Books Obligations or Specialties belonging or relating to the said Copartnership 13. And the said A. B. doth by these presents To enjoy for himself his Executors and Administrators Covenant and agree to and with the said C. D. his Executors Administrators and Assigns That it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns to have keep receive and enjoy to his and their own use as well all and every the Goods Chattels Houshold-stuff Wares and Merchandizes belonging to the said late Copartnership as also all and every such Debts Duties sum and sums of Mony as shall be had received obtained or gotten by virtue of the said Books Bills Bonds Obligations or Specialties or any of them or any Suit Iudgment Process or Execution thereupon to be commenced pursued had or taken without the let trouble or contradiction of the said A. B. his Executors Administrators or Assigns and without any account thereof or of any part thereof to be rendred or yeilded to the said A. B. his Executors Administrators and Assigns or any of them 14. And further that he the said A. B. hath Not to receive or release Debts not received heretofore any sum or sums of Mony belonging to the said late Copartnership other than such as are already allowed upon account nor hath released or discharged nor that he his Executors or Administrators shall or will hereafter receive release discharge or make frustrate all or any of the said Debts Duties sum or sums of Mony Bonds Specialties or Demands due or to be due by virtue of the said Bills Books Specialties Obligations or Agreements or any of them other than such as are allowed upon account as aforesaid without the consent or agreement of the said C. D. his Executors Administrators or Assigns first had and obtained in writing under his or their hands 15. Nor shall voluntarily or willingly Not to discharge c. any Action discontinue disavow suffer to be non-suited or make any retraxit or otherwise discharge hinder or delay any Action Suit or Plaint whatsoever which he the said C D now hath or shall at any time commence presecute or pursue in the Name of the said A. B. or in the Names of the said A. B. and C. D. for the recovery or obtaining of the Debts Duties sum or sinns of Mony or Demands or any of them belonging to the said joynt trade or dealing 16 But that he the said A. B. his Executors To justifie Actions brought Administrators and Assigns shall and will from time to time and at all times hereafter upon the reasonable request and at the Costs of the said C. D. his Executors Administrators and Assigns justifie maintain avow and allow all and every such Actions Suits Plaints and Arrests as he the said C. D his Executors Administrators or Assigns shall conunence sue or prosecute or cause to be commenced sued or prosecuted for the recovery levying obtaining or getting in of all or any the Debts and sum and sums of Mony belonging to the said late Copartnership ratifying and confirming all and every lawful acts matters and things whatsoever which he the said C. D. his Executors Administrators or Assigns shall commence or prosecute for the recovery getting in and obtaining of the said Debts Duties sum and sums of Mony or any of them 17. And the said C. D. for himself his Executors To save harmless c. and Administrators doth Covenant and grant to and with the said A. B. his Executors and Administrators by these presents That he the said C. D. his Executors and Administrators shall and will from time to time and at all times hereafter well and sufficiently acquit and discharge and save harmless and indempnified the said A. B. his c. of and from all and all manner of Troubles Damages Arrests Costs Charges and Incumbrances whatsoever which shall or may arise or happen to be had recovered or obtained against the said A. B. for by reason or means of any Action Suit Process or Plaint
costs and dammages which may arise or come for touching or in any wise concerning the said private and single Debt and Debts of the said A. B. unto the said C. D. his Executors or Administrators or with which he shall or may in any wise be chargable with Then this Obligation to be void and of none effect or else c. The like from C. D. to A. B. mutatis mutandis CAP. V. Containing some Presidents relating other matters between Traders Articles of agreement concerning Factorship between a Trader in the Country and his Factor in London 1. ARticles of agreement had and made Recital of the Contract the c. Between A. B. of c. Clotheir of the one part and C. D. of London c. on the other part Whereas the said A. B. hath contracted with the said C. D. to imploy him as a Factor in London for him the said A. B. for the venting selling and uttering of all such Ilmister and Chard Kersies as he the said A. B. shall consign and send unto him the said C. D. to his now dwelling house in Lothbury London for and during the term and space of two years to be reckoned and accounted from the day of the Date hereof 2. Whereupon it is Covenanted granted To utter Wares sent concluded and agreed by and between the said Parties and either of them the said Parties by and for himself his Executors and Administrators doth Covenant and grant to and with the other of them the said Parties his Executors and Administrators in manner and form following Imprimis That he the said C. D. shall and will not onely accept and take into his house charge and custody all such Ilmister and Chard Kerseys as the said A. B. shall upon his account or which shall belong unto him send and consign unto the said C. D. to London to be vented and sold but also shall do his best endeavour in the vending and selling of the same to and for the only use and benefit of the said A. B. in the best manner that he the said C. D. can or may perform and that from time to time for and during the space of two years to be reckoned and accounted as aforesaid 3. Item That he the said C. D. shall not To keep true Accounts and to make true payments only keep or cause to be kept just and true Book and Books of account and reckoning in writing of all such Cloth and Kerseys as the said A. B. shall from time to time during the said space of two years to be reckoned as aforesaid consign unto the said C. D. and shall so come to his charge and also to whom and at what Rates and Prizes and at what time and times the same shall be sold and vented but also make true payment and delivery unto the said A. B. his Executors Administrators or Assigns of all such Moneys Specialties and other things as shall come unto the hands of or shall be received by the said C. D. for the said Kerseys during the term aforesaid together with such Kerseys as before the same account shall appear to be received by the said A. B. and not sold at the end of the said term 4. Item That he the said C. D. shall be To be faithful c. true and faithful unto the said A. B. in all his said sales to be made and not defraud or defeat the said A. B. in any of the Premisses wilfully or to his knowledge but shall endeavour to vent the said Kerseys unto able men for the smallest and shortest time of payment and for the best prizes so far forth as he conveniently can or may perform or procure without fraud or covin And that the said C. D. shall not during the said two Not to be Factor for any other c. years deal or trade as Factor for any other person or persons for the buying or selling of any Ilmister or Chard Kerseys but only for him the said A. B. and as his agent or Factor as before is specified 5. Item In consideration of which Factorship The Recompencâ— for the Factor so to be done and performed as aforesaid by the said C. D. he the said A. B. doth for him his Executors and Administrators Covenant and promise to pay unto the said C. D. his Executors or Administrators the sum of c. per annum and also the sum of c. per annum for Hallage Portorage and other like Charges 6. Item That the said A. B. shall not at Not to consign any other but his own Kerseys any time during the said two years consign or send unto the said C. D. any of the said Kerseys that shall belong tâ— any other person or persons but such that shall properly belong unto him the said A. B. In witness c. The form of Articles of agreement amongst Creditors for levying of Debts Articles Tripartite Indented of agreement made the c. Between the Creditors of M. F. late Citizen and Mercer of London deceased whose Names together with their Debts severally to them owing are specified in a several Schedule to every part of these presents annexed on the first part C. D. of c. a Creditor also of the said M. F. on the second part and E. F. of c. Widow late Wife of the said M. F. on the third part in manner and form following That is to say 7. IMprimis The said Creditors and every Who to take Administration of the Debtors Goods c. of them have agreed and by these presents do agree with the said C. D. and E. F. that the said C. D. shall and may have and take the Administration of all the Goods Chattels and Credits which were of the said M. F. deceased according to the Laws of this Realm thereof to dispose and administer according to the tenor of these present Articles and not otherwise 8. Item That in consideration of such pains as the said C. D. shall take about the said What allowance the Admininistrator is to have Administration the said C. D. upon his true and reasonable account thereof made before such auditors as the said Creditors or the greater part of them shall assign to take the said account shall have allowance of all his reasonable Cost and charges as well by Suits of Law or otherwise by him to be defrayed and expended about the said Administration and moreover six pence for every twenty shillings in value that he shall Administer And also that the said C. D. at every dividend making shall and may retain for his own Debt owing by the said M. F. in equal proportion with what he shall divide and pay to the other Creditors according to the quantity of their several and respective Debts 9. Item That the said C. D. shall before What proportion the Debtors Widow shall have any dividend pay or cause to be paid to the said E. F. for