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A51778 The clerks guide leading into three parts, viz. I. Of indentures, leases, &c., II. Letters of attorney, warrants of attorney, mortgages, licences, charter-parties, &c., III. Bills, answers, replications, rejoynders in chancery, &c., under which are comprehended the most unusual forms of clerkship : to which is added, a fourth part of fines, recoveries, statutes, recognisances, judgements, &c. distresses and replevins : illustrated with cases, and the statutes relating to the same / by Tho. Manley of the Middle Temple, London, Esq. Manley, Thomas, 1628-1690. 1672 (1672) Wing M443; ESTC R9951 653,624 764

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that may or shall arise be prosecuted or brought against the said party by any other person or persons whatsoever concerning the premises In witness c. A Resignation or Release from one used in trust of all the benefit he might Claim by vertue of any Covenant in the Indenture TO all Christian people to whom this present writing shall come I J.B. of c. send greeting Whereas by one Indenture bearing date the c. made between R. O. of c. on the one party and the said J. B. and J. H. of c. on the other party he the said R. O. for himself his Heirs Executors and Administrators and every of them did covenant and grant to and with me the said I. B. and the said I. H. our Executors and Assigns That he the said R. O. should and would within the space of c. next ensuing the date of the same Indenture convey and assure or cause to be conveyed or assured to the said R. O. and E.H. Daughter to R.H. of c. with whom the said R. O. was then to be espoused and to the heirs of their bodies lawfully begotten Lands Tenements and Hereditaments of the full and clear yearly value of 1000 l. at the least as by the said Indenture and Covenants therein contained amongst divers other things more at large appeareth And for performance thereof according to the said Covenants the said R. O. by his Obligation dated c. became bound with Sureties to us the said I. B. and I. H. in the sum of c. as by the same Bond may also appear in which said Indenture and Bond the name of me the said I. B. was onely used in trust for the Benefit and Behoof of the said E. H. Now therefore know ye That I the said I. B. in discharge of the trust in me reposed and at the request of the said E. H. have remised released surrendred resigned and set over and by these presents for me my Executors and Administrators do freely and absolutely remise release surrender resign and set over unto the said E. H. her Executors and Assigns all the Estate Right Title Interest Use Trust Benefit Priviledge and Demand whatsoever which I the said I. B. have or may have or claim of in or to any sum of Money or other matter or thing whatsoever in the said Indenture Covenant and Bond contained mentioned and expressed or in any of them So as neither I the said I. B. my executors or administrators or any of us at any time hereafter shall or will ask claim challenge or demand any interest use benefit trust priviledge or other thing in any manne● whatsoever by reason or means of the said Indenture or any Covenant therein specified or in or to the said Bond or any sum of Money therein mentioned but thereof and therefrom and from all actions suits and demands which I my executors or assigns may have concerning the same shall be utterly secluded and for ever debarred by these presents In witness c. An Indenture for justifying of Actions upon setting over of a Statute THis Indenture made the c. Between R. W. of c. on the one part and T. C. of c. on the other part witnesseth That whereas I. H. of c. in and by one Statute of 800 l. now appertaining to the said R. W. as Executor of the last Will and Testament of the said c. Now the said R. W. for divers good Considerations him especially moving hath given granted assigned and set over and by these presents doth fully clearly and absolutely give grant assign and set over unto the said T. C. his executors administrators and assigns as well the said Statute-Staple aforesaid as also all the Debts of c. in the same Statute mentioned or contained to the only proper use and behoof of the said T. C. his executors administrators and assigns for ever And further the said R. W. covenanteth c. That he the said R. W. his Heirs and Executors and the administrators that hereafter shall happen to be of the Goods Chattels and Credits of him the said R. W. and every of them at all times and from time to time hereafter upon request shall maintain justifie and allow all and every such action and actions Writs Suits Bills Plaints Executions and Demands whatsoever as the said T. C. his executors or administrators shall commence pursue or make in the name or names of the said R. W. his executors or administrators that hereafter shall be of the Goods Chattels Credits and Debts of the said R. W. or in the name or names of any of them and that it shall be lawful to and for the said T. C. his executors administrators and assigns and every of them to take receive have hold and enjoy for ever to the only use of the said T. C. his Heirs Executors Administrators and Assigns all and every such sum and sums of Money costs and damages satisfactions commodities profits and advantages whatsoever which shall be gotten recovered obtained or had by reason of any the actions writs bills plaints executions and demands aforesaid or by reason or means of any of them without any impediment denial or contradiction of the said R. W. his heirs executors administrators of assigns that hereafter shall be of the Goods Chattels or Credits of the said R. W. or any of them In witness c. An Indenture between the Scavenger and the Raker for cleansing the Streets THis Indenture made the c. between R C. S. P. and T. R. Citizens of London Scavengers of and for the Parish of c. on the one part and E. D. c. on the other party Witnesseth That the said E. D. in consideration of the sum of c. to him to be paid in such form as hereafter in these presents is expressed covenanted promised and granted for himself c. in manner and form following that is to say That he the said E. D. his executors administrators or assigns shall and will at his and their own proper costs and charges cleanse and make clean or cause to be cleansed and made clean in the said Parish of c. all the Streets Lanes Alleys and other places whatsoever within the said Parish of c. as the same have been heretofore used and accustomed to be cleansed and made clean by any Carter or Raker in that behalf appointed from the Monday next after the Feast of the Epiphany of our Lord God commonly called Twelfth-day next ensuing the date hereof until the Monday next after the Epiphany of our Lord God which shall be in the year of c. three times in every week weekly during the said term to wit on every Tuesday Thursday and Saturday And also at all other such times and dayes as the Lord Mayor of the said City of London for the time being the Aldermen of the Wards His Majesties Privy Council or the Common Council of the said
Administrators and for every of them doth covenant promise and grant to and with the said J. C. his Executors Administrators and Assigns and to and with every of them by these presents that he the said J. C. his Executors Administrators and Assigns shall and may from henceforth for ever peaceably and quietly have hold and enjoy the said stock of Goods and Money and the same and every part thereof to dispose and convert to his and their own proper use and behoof without the let suit trouble claim and disturbance of him the said J. G. his Executors Administrators or Assigns or any of them or of any other person or persons whatsoever claiming by from or under him them or any of them or by or under or by reason of his their or any of their act or acts right title interests means or procurement c. In witness c. An Assignment of a Lease of a Messuage divers plats of Ground with Buttals and Boundals several Covenants c. with an Exception THis Indenture made the c. day of c. Anno Domini 1632. and the Eighth year of the Reign of our Soveraign Lord King Charles c. Between S. A. of c. Gentleman of the one part and F. L. of c. Esquire of the other part Whereas Sir John T. late of c. Knight and Baronet deceased and the late right honourable N. Lord Tuston and Earl of Thanet by the name of Sir T. N. Knight Son and Heir apparent of the said Sir John T. now also deceased by their Indenture bearing date the thirtieth day of May in the fifteenth year of the Reign of our said Soveraign Lord King Charles over England c. for the consideration therein expressed did demise grant and to farm-let unto E. W. of c. his Executors and Assigns all that the Messuage or Tenement shed and plat of Ground scituate lying and being in Chick-Lane c. containing by estimation one hundred foot in length from the North to the South and in breadth forty one Foot from the East to the West the Messuage or Tenement then in the Tenure of J. W. lying on the East side thereof and the said Chick-Lane on the North-side thereof and the Messuage or Tenement then in the Tenure of one R. S. on the West and South-sides thereof And also their part of one Messuage or Tenement or shed and parcel of Ground lying and being in Chick-lane aforesaid containing by estimation Fourscore and twelve Foot in length and in breadth Eighteen Foot The Messuage or Tenement then in the Tenure or Occupation of one A. B. on the West-side thereof the said Chick-lane on the North-side thereof and the Messuage or Tenement then in the Tenure or Occupation of one H. S. on the South-side thereof and then or late before in the Tenure or Occupation of the said A. B. his Assignee or Assignees and all and singular the Messuages Tenements Houses Edifices Buildings Rooms Shops Cellars Sollers and void Ground unto the said Messuages or Tenements shed and plats of Ground before mentioned to be demised belonging or in any wise appertaining To have and to hold to the said Edmund Wright his executors administrators and assigns from the Feast of the Annunciation of the blessed Lady Saint Mary the Virgin last past before the date hereof unto the full end and term of Thirty one years from thence next ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir J. T. yearly during his life and after his decease to the said Right Honourable N. Lord T. and Earl of Thanet his heirs and assigns the full sum of Eight pounds of lawful money of England at two of the most usual Feasts or Terms in the year That is to say at the Feasts of St. Michael the Arch-angel and the Annunciation of the blessed Lady the Virgin Mary by equal portions as by the same Indenture more plainly may appear And whereas by certain other Indentures bearing date the said Thirtieth day of May made between the said Sir John T. and the said N. Lord T. and Earl of Thanet by the name of Sir N. T. Knight on the one part and the said E. W. on the other part It is covenanted conditioned and agreed by and between all the said Parties And the said E. W. for himself his executors administrators and assigns did covenant promise and grant to and with the said Sir J. T. and the said N. Lord T. and Earl of T. their heirs and assigns by the said last mentioned Indenture That the said E. W. his Executors Administrators and Assigns should well and truly yearly during the said Term of one and twenty years pay or cause to be paid to the said Sir I. T. during his natural life and after his decease to the said N. Lord T. and Earl of T. his Heirs and Assigns the full sum of twenty three pounds of lawful Money c. for and in the name of a Fine or Income for the said Lease at the two Feasts aforesaid by equal portions And whereas also the said Sir J. T. and the said N. Lord T. and Earl of T. by the name of N. T. Knight have by their Indenture bearing date the said c. day of May for the consideration therein mentioned demised granted and to farm-let unto I. VV. of c. all that their Messuage or Tenement scituate lying and being in Chick-lane aforesaid late in the tenure or occupation of one Agnes VV. and her Assignee or Assignees containing by estimation from the East to the VVest thirty foot in breadth and in length from the North to the South threescore Foot the Tenement then in the occupation of the said I. VV. lying on the East-side thereof the Tenement then of Ralph F. Gentleman on the VVest-side thereof the Tenements then in the tenure or occupation of the said Ralph E. on the South-side thereof and also all the tenement shed or piece of Ground lying and being in Chick-lane aforesaid containing by estimation one hundred and twenty Foot of assize in length and twenty eight Foot in breadth then or late before in the tenure or occupation of the said I. VV. or his Assignee or Assignees the Tenement then in the tenure or occupation of one I. C. lying on the East-side thereof and the tenement then in the tenure of one I. VV. on the VVest-side thereof and the Tenement belonging to St. Martins Orgars on the South-side thereof and also one other little piece or parcel of Ground situate lying and being near Chick-lane aforesaid c. containing by estimation in length nineteen Foot from the East to the VVest and in breadth from the North to the South sixteen Foot late in the tenure or occupation of R. B. or of his Assignee or Assignees the Tenement then in the occupation of the said I. VV. on the East-side thereof and the tenement then in the tenure of the said
Ralph F. on the VVest-side thereof the tenement then in the tenure of R. S. and E. W. on the North-side thereof and the tenement then in the tenure of the said R. F. on the South-side thereof and also all and singular Houses Edifices Buildings Stables and Back-sides Back-houses Shops Cellars Sollers c. unto the said Messuage and several plats of Ground before demised then belonging or appertaining or to or with the said demised premises then held used occupied or enjoyed as part parcel or member of them or either of them To have and to hold all and singular the said demised premises with the appurtenances to the said I. VV. his Executors Administrators and Assigns from the Feast of the Annunciation of our blessed Lady the Virgin Mary then last past before the date of the said last recived Indenture unto the full end and term of thirty and one years from thence next ensuing and fully to be complear and ended Yielding and paying therefore yearly during the said term unto the said Sir I. T. during his life and after his decease to the said Right Honourable N. Lord T. and Earl of T. and his Heirs and Assigns the full sum of Six pounds of lawful money of England at the two Feasts aforesaid by even and equal portions And whereas by certain other Indentures bearing date the said thirtieth day of May made between the said Sir I. T. and the said N. Lord T. Earl of T. of the one party and the said I. VV. of the other party It is convenanted concluded condescended and agreed by and between all the said Parties And the said I. VV. for himself his Executors Administrators and Assigns did covenant promise and grant to and with the said Sir I. T. and the said N. Lord T. Earl of T. their Heirs and Assigns That the said I. VV. his Executors Administrators and Assigns should well and truly yearly during the said term of thirty and one years pay or cause to be paid to the said Sir John T. during his natural life and after his decease to the said N. Lord T. Earl of T. his Heirs and Assigns the full sum of seventeen pounds of lawful money of England for and in the name of a Fine or Income for the said Leases at the two Feasts aforesaid by even and equal portions as by the same several Leases relation being unto them had more at large it doth and may appear which said several Leases Estates and Interests of the said E. VV. and I. VV. of in and to all and singular the aforesaid premises in and by the aforesaid several Indentures of Lease demised granted and contained as aforesaid were by mean Conveyances and sufficient Assurances in the Law conveyed to John Witherings Esquire and the said I. VV. by Deed indented under his Hand and Seal bearing date the c. of c. 5 Car. hath conveyed his Estate Interest and term of Years in the said premises unto the said S. for during and until all the residue of the time then to come and unexpired of the said several Indentures of Lease granted be fully compleat and ended as by the same Conveyances and Assurances relation being thereunto had it doth and may appear Now this Indenture witnesseth That the said S. H. for and in consideration of the sum of Three hundred and thirty pounds c. to him and his at and before the ensealing and delivery of these presents by the said F. H. well and truly paid whereof the said S. H. doth acknowledge the Receipt and thereof and of every part and parcel thereof doth hereby forever acquit and discharge the said F. H. his Executors and Assigns and every of them hath granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely grant bargain fell assign and set over unto the said F. H. and M. his Wife all and singular the said premises above-mentioned to be by the aforesaid Indentures or any of them demised letten or granted or mentioned meant or intended to be in and by the same demised letten or granted with their and every of their appurtenances And all the Messuages Houses Edifices and Buildings now standing erected and built and all the said original Indentures of Demise and all mean Conveyances and Assignments thereof and of every part thereof and all the time and term of years yet to come and unexpired granted mentioned or intended to be granted in or by the said Indentures or any of them and all the Estate Interest Right Title term and terms of Years Claim and Demand whatsoever which he the said S. H. now hath yet to come and unexpired of and in the said demised Premises or any of them To have and to hold all and singular the said demised premises by these presents mentioned or intended to be granted assigned or conveyed and all the said original Indentures of demise and all mean conveyances and assignments thereof and all the term of years yet to come and unexpired of and in the said demised premises or any of them unto the said F. H. and M. his wife their Executors Administrators and Assigns immediately from and after the making hereof for and during all the residue of the said several terms of c. years therein yet to come and unexpired And the said S. H. for himself his Executors and Administrators and for every of them doth covenant promise and grant to and with the said F. H. his Executors Administrators and Assigns and to and with every of them by these presents That he the said S. H. hath not before the day of the date hereof made done or committed any act or acts thing or things Grant Lease Estate or Incumbrance whatsoever whereby or by reason whereof the said Leases Estates and Premises before herein assigned and set over or any part or parcel thereof are or shall be frustrated avoided disturbed or incumbred Except one Lease made by the said F.M. and S. H. unto R. H. of a Messuage or Tenement with the appurtenances parcel of the premises aforesaid now or late in the Occupation of J. S. by Indenture dated c. now last past for the term of sixteen years commencing from the Feast c. at the yearly Rent of a Pepper-Corn and except certain Leases in the said Deed from the said J. VV. mentioned to be excepted severally and respectively of several parts and parcels of the said premises before the said S. had any Estate in the premises or any part thereof by E. VV. to G. VV. H. VV. and T. K. c. Upon which Leases divers several Rents are respectively reserved amounting in the whole to the sum of Sixty one pounds yearly or thereabouts all which Rents shall or may be hereafter payable to the said F. H. and M. his wife their Executors and Assigns and except all other Leases and Estates mentioned and excepted in the said Deed from the said J. VV. c. In witness c.
said A. B. J. P. and J. G. and their Heirs and Assigns and to and with every of them by these presents That the said V. W. and his Heirs shall and will from time to time and at all times hereafter during and within the c. years next ensuing the date of these presents upon the reasonable request and at the costs and charges in the Law of the said V. W. his Heirs or Assigns or any of them do make acknowledge levy execute and suffer or cause to be made done levied acknowledged executed and suffered all and every such further and other lawful and reasonable act and acts thing and things device and devices conveyance and conveyances assurance and assurances in the Law whatsoever for the further more perfect and better assurance surety sure-making conveying and assuring of the said Mannor Advowson Messuages Lands Tenements and Hereditaments and all and singular the premises with their and every of their appurtenances unto the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes and under the conditions provisoes and limitations before mentioned expressed and declared and to and for none other use intent purpose whatsoever Be the same by one or more fine or fines with proclamations to be levied and executed in due form of Law Feoffment or Feoffments Recovery or Recoveries with single double or treble Voucher or Vouchers Deed or Deeds Enrolled or not Enrolled the enrolment of these presents Release Confirmation with warranty as aforesaid or otherwise without warranty or by all every or any of the aforesaid wayes or means or by any other lawful and reasonable wayes or means whatsoever as by the said A. B. J. P. and J. G. the Survivor or Survivors of them his or their Heirs or Assigns or as by his their or any of their Council learned in the Law shall be reasonably devised or required which said Fine or Fines Feoffment or Feoffments Recovery or Recoveries and assurances whatsoever had made and executed or hereafter to be had made and executed by the said V. W. his Heirs and Assigns or by any other person or persons whatsoever touching and concerning all and every or any of the premises with their and every of their appurtenances and every part and parcel thereof shall be and enure and shall be adjudged demised construed and taken to be and enure to the uses intents and purposes before in and by these presents limited expressed and declared and to and for none other use intent or purpose whatsoever any former or other Declaration of use or uses to the contrary thereof in any wise notwithstanding Provided nevertheless and upon the condition and it is covenanted declared and agreed by and between all and every the Parties to these presents their Heirs and Assigns and every of them respectively by these presents That it shall and may be lawful to and for the said V. W. at any time or times hereafter during his natural life by his Deed or Deeds indented to be by him sealed and delivered in the presence of three or more credible Witnesses by and with the consent and approbation of the said A. B. J. P. and J. G. or of the Survivor or Survivors of them his or their Heirs or Assigns testified in Writing under their Hands and Seals to alter change revoke determine or make void all or any the Estate or Estates Use or Uses before by these presents limited and appointed except onely the Uses before hereby limited and appointed to or for the Joynture of the said F. as aforesaid and that from and after such alteration change revocation determination or making void thereof or of any part thereof these presents and all other assurances in the Law whatsoever shall be and enure and shall be adjudged deemed construed and taken to be and to enure And they the said A. B. J. P. and J. G. and their Heirs and Assigns and their Heirs and Assigns of the Survivor and Survivors of them shall stand and be seized of all and singular the premises except before excepted or so much thereof whereof such alteration change revocation determination or making void shall be had and made as aforesaid to such other use and uses and to the use of such person and persons and for such Estate and Estates and in such sort manner and form as the said V. W. by any Deed or Deeds indented setled delivered and executed in the presence of three or more credible Witnesses by and with such consent and approbation shall declare limit or appoint and from and after such Revocation in default of such Declaration Limitation and Appointment then to the uses intents and purposes before by these presents limited expressed and declared and to and for none other use intent and purpose whatsoever any thing in these presents or in any former or other Declaration of use or uses contained to the contrary thereof in any wise notwithstanding In witness c. A Condition for the payment of Rent Quarterly for Lands held from year to year at the pleasure of the Lessor THe Condition of this Obligation is such That whereas the above-bounden T. H. hath and holdeth from year to year at the will and pleasure of the above named J. M. certain Closes and parcels of Ground lying and being in the Parish of S. above-written in the County of Berks parcel of the Lands belonging to the Tenement there called B. for and under the yearly Rent of c. to be paid quarterly If therefore the said T. H. his Heirs Executors and Administrators or any of them do well and truly pay or cause to be paid unto the said J. M. or to his certain Attorney Executors or Assigns the said yearly Rent of c. at the now dwelling-house of the said J. M. in T. above-written in manner and form as followeth that is to say upon the Four and twentieth day of June next ensuing the date hereof c. upon the Eight and twentieth day of September next also ensuing other c. upon the Four and twentieth day of December next also ensuing other c. other upon the Four and twentieth day of March which shall be in the year of our Lord God c. and c. and so forth quarterly and every quarter the one next and immediately ensuing the other upon the like dayes the sum of c. during all the time and term that the said T. H. and his Assigns shall so hold and enjoy the said Closes and Grounds at the Will of the said J. M. And moreover do from time to time during all the said term at his own Costs and Charges maintain and keep the same premises in good and sufficient Fences and Bounds and in the end of the same time do leave and yield up the same well and sufficiently fenced and bounded without any cavillation That then c. A Sale of the Moyety of Rent reserved by Lease THis Indenture made the
to the said J. G. all such Bonds and Obligations wherein any person or persons are or stand bound unto the said A. for touching and concerning the portions of the said Children or otherwise as shall come to the hands and possession of the said R. L. and make seal and deliver to the said J. G. such Letter or Letters of Attorney for the recovery of the sums of money contained in the same Bonds and Obligations or any of them as by the Council learned of the said J. G. shall be thought meet and convenient and by the said J. G. required for and to the use of the said Children And that he the said R. L. shall not release or discharge the said Bonds or Obligations or any of them without the consent and agreement of the said J. C. nor revoke or countermand the said Letter of Attorney And that the said R. L. shall permit and suffer the said A. and give his assent that she shall make a Will and by the same to give and bequeath at her liberty and pleasure the sum of 500 l. and shall not countermand or revoke the same And that if it shall happen the said A. to die leaving the said R. L. that he the said R. L. his Executors Administrators or Assigns shall well and truly content c. or cause c. the said Legacies or so much of them as shall not exceed the said sum of 500 l. within one year next after the decease of the said A. at the Mansion-house of the said R. L. in T. asoresaid And further it is covenanted granted c. between the c. and the said J. G. for himself his Heirs Executors Administrators and Assigns doth covenant and grant to and with the said R. L. his Executors and Administrators in manner and form following that is to say That he the said J. G. or his Assigns shall 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 for of the said R. L. well and truly content c. or cause c. to the said R.L. or his Assigns for every of the said Children so being c. the yearly sum of c. at the Feasts of c. by even and equal portions out of the increase and profits of their respective portions as aforesaid and that he the said J. G. shall imploy and bestow the residue of the increase and profits which shall come or grow of the said portions or stocks from time to time in such sort and manner as the said A. shall appoint for the further benefit and condition of the said Children and then he the said J. G. shall from time to time when he shall be thereunto required by the said A. yield and make unto the said A. a just true and perfect account of the said increase or profits coming or arising of the portions aforesaid In witness c. A Condition where one buyeth Lands the Seller is bound that the Land is free from Incumbrances THe Condition c. That whereas the within-bonnden A. B. hath bargained and sold unto the within-named C. D. and his Heirs for ever all that his Messuage or Dwelling-house Lands Feedings Meadows Pastures Rents Profits and other Hereditaments whatsoever thereunto belonging with their appurtenances et lying and being in the Town and Field of c. in the County of c. If therefore the said Messuage or Dwelling-house Lands and all other the premises and every part and parcel thereof at the day of the date within written be clearly discharged of and from all and all manner of former and other Gifts Grants Leases Bargains Sales Joyntures Dowers Rights and Titles of Dower Rents arrerages of Rent Statutes-Merchant and of the Staple Feoffments Annuities c. and of and from all other Titles Charges and Incumbrances whatsoever had made done committed or suffered or to be had made done committed or suffered by the said A. B. his Heirs or Assigns or by any other person or persons by his their or any of their means act title consent assent or procurement the Rents and Services which from the day of the date within-written shall grow due to be paid and performed to the chief Lord or Lords of the Fee or Fees of the premises only excepted That then c. or else c. A Condition for a Brewers Clerk THe Condition of c. That whereas the within-named J. D. hath before the day of the date within-written entertained into his Service the within-bound J. H. to serve in the room place or office of a Dray-Clerk or Beer-Clerk If therefore the said J. H. doth and shall during the time of his service in the said Office or Place carefully and diligently use and imploy himself and his best endeavours in the said Room or Office and do once in every week weekly during the continuance of his service in the said Office make and give to the said J. D. his Executors or Assigns a true just and perfect accompt in writing at the Messuage or Beerhouse of him the said J. D. situate c. of all such Beer Goods and Money of the said J. D. as by any wayes or means shall come to the Hands Charge Custody or Possession of the said J. H. And likewise do from week to week upon every Monday weekly during the said term at the place aforesaid content and pay unto the said J. D. his Executors or Assigns all such sum and sums of Money as the said J. H. shall have received of any person or persons whatsoever due or any wise belonging unto the said J. D. his Executors or Assigns And further if the said J. H. do not deliver on trust to any Customer or Customers or any other person or persons now not served by the said J. D. above four Barrels of Beer at the most before such time as he shall have made the said J D. acquainted therewith and of what estate and condition all and every such new Customers are of and also shall have the consent of him the said J. D. thereunto And further if the said J. H. do not depart from the service of him the said J. D. his Executors Administrators or Assigns before such payment and satisfaction shall be made by him the said J. H. unto the said J. D. his Executors Administrators or Assigns of all such Goods Arrerages Debts Summe and Summes of Money as he the said J. H. shall be found to be indebted unto the said J. D. his Executors or Assigns or any of them and if in case it shall happen the said J. H. to die or depart this life during the continuance of the said Office or Place of Beer-Clerk to the said J. D. his Executors or Assigns Then if the Executors Administrators or Assigns of the said J. H. do or shall within one moneth next ensuing after the decease of the
of their Executors Administrators and Assigns repectively only for and during the continuance of the estate and estates term and terms interest and interests to be limited and expressed in such Lease Demise or Grant under such Rents Reservations Condition and Conditions Limitation and Limitations as in or by such Leases Demises or Grants shall be limited expressed or contained respectively according to the intent purport and true meaning of every such Demise Grant and Limitation and of the Reversion and Reversions Rents and Services reserved and depending upon the same Leases and Grants and also after the end and expiration of every such Demise Lease and limitation to be made and as the same shall respectively end and determine then from time to time of all and every such part and parts of the premises as shall be so demised leased or limited as aforesaid to the use of such person and persons and in such manner and form and of such Estate and Estates with such Remainder and Remainders over as are before herein and hereby limited appointed and declared and to none other use intent or purpose Provided likewise and it is further covenanted concluded condescended unto and agreed by and between the said Parties to those presents that if the said J. W. do and shall at any time or times hereafter in or by any Writing under his Seal and by him subscribed with his Hand in the presence of three or more Witnesses signifie and declare that he is minded to alter change revoke determine frustrate or make void all or any the uses or estates hereby made limited or appointed that then and from thenceforth all and every such use and uses estate and estates whereof or concerning which he shall so signifie or declare his said mind as aforesaid shall respectively be frustrated void revoked determined and of no force or effect only of for and concerning all such and so much of the said Mannor Rectory Farms Lands and Premises before herein mentioned whereof he the said J. W. shall so signifie and declare his mind as aforesaid and then and from thenceforth this present Feossment and Grant shall enure and be and the said A. B. C. D. c. and their Heirs shall stand and be seized of for and concerning all such and so much of the said Mannors Lands and Premises whereof or concerning which he the said J. W. shall so signifie and declare his mind as aforesaid to the only use of such person and persons and of and for such Estate and Estates and with such Remainder and Remainders thereof over and for upon and under such Conditions and Provisoes and in such manner and form as the said J. W. shall by any such writing or writings by him to be subscribed and sealed as aforesaid limit or appoint any thing in these presents contained or any other matter or cause to the contrary thereof in any wise notwithstanding In witness c. Note This precedent Deed was executed with Livery and Seifin and attornment the Livery being severally made in the several Counties aforesaid The Donor made his Will and thereby devised to the Mayor and Commonalty of B. several Annuities to be issuing out of the Lands granted by the precedent and appointed the same to be imployed to Charitable Uses and constituted Rachel his Wife Executrix and dyed without Issue The Executrix proved his Will THe Sisters and Sisters Children of the Donor as Heirs at Law question the validity of the Deed whereupon the Mayor Commonalty and Feoffees in trust exhibit their Bill in Chancery against the Co-heir and Executrix and afterwards the matter coming to the hearing by Decree the Deed and Uses are confirmed A Condition to pay money weekly THe Condition c. That if the within-bound A. B. C. D. E. F. and G. H. or any of them or the Executors Administrators or Assigns of them or any of them do truly pay or cause to be paid to the within-named M. P. and J. G. or either of them or to the Executors Administrators or Assigns of them or either of them at or in the c. the sum of 4 l. of c. in manner and form following that is to say every week weekly on the Saturday in every week one next and consequently ensuing another the sum of two shillings until the said sum of 4 l. shall be fully satisfied and paid the first payment thereof to begin and to be made on Saturday next being the twenty day of this instant Moneth of September within-written that then c. but if default shall be made of or in any of the payments that then c. A Condition to pay a sum of money and three years payment given THe Condition c. That if the within-bound J. W. his Executors Administrators or Assigns or any of them do truly pay or cause to be paid to the above-named J. P. his Executors Administrators or Assigns the sum of 7 l. and 10 sh of good and lawful money of England at or in the c. in manner and form following that is to say on the third day of Jan. which shall be in the year of our Lord 1632. 50 sh thereof on the third of Jan. which shall be in c. 1633. 50 sh more thereof and on the third day of Jan. which shall be in c. 1634. 50 sh residue of the said sum of 7 l. 10 sh without fraud or delay that then this c. but if default shall be made of or in any of the said payments in part or all then this c. A Condition to perform Covenants in a Lease and not to seek for a new Lease from the chief Landlord THe Condition c. That whereas the within-named M. H. by her Indenture of Lease bearing date the day of the date within-written hath leased unto the within-bound E. M. part of a Messuage or Tenement called the Peter and Paul scituate in Pater-noster-Row in the Parish of St. Michael at Quern in London from the Feast of the Nativity of St. John Baptist last past before the date within-written for the term of twenty one years as by the said Indenture of Lease may appear if therefore the said E. M. his Executors Administrators and Assigns and every of them do well and truly observe perform fulfil and keep all and singular the Covenants Grants Articles Conditions and Agreements specified and declared in the said Indenture of Lease which on his or their parts are or ought to be observed performed fulfilled and kept in and by all things according to the tenor purport effect and true meaning of the said Indenture And further if the said E. M. his Executors Administrators nor Assigns nor any other person or persons whatsoever for him or them or by his or their or any of their means occasion or procurement do directly or indirectly procure get or obtain or endeavour to go about to procure get or obtain any Lease or Grant from the Mayor Commonalty
persons whom I shall think good nominate or appoint notwithstanding the said Marriage shall take effect should and might have the full and free disposing of the Sum of one thousand pounds of lawful money of England and of the benefit and profit thereof and of every part thereof from time to time and at all times ensuing the said Marriage and to that end intent and purpose he the said R. T. by the said Indenture did for himself his Heirs Executors and Administrators covenant promise grant and agree to and with the said W.H. T.N. J.A. and N.M. and every of them and the Executors and Administrators of them and every of them that he the said R.T. his Executors Administrators or Assigns or some or one of them should well and truly satisfie pay and deliver or cause to be satisfied paid and delivered unto the said W.H. T.N. J.A. N.M. or to the Survivors or Survivor of them or to the Executors Administrators or Assigns of such Survivors or Survivor the full Sum of a thousand pounds of lawful money of England upon or before the first day of May which shall be in the year of our Lord God 1636. if I the said E. shall be living on the said first day of May or within two years next after the death or decease of me the said E. or within three months next after the death or decease of the said R.T. at such of those cases which shall first and next happen come or ensue after the date of the said Indenture to be imployed and disposed of to such person and persons and to and for such use uses intents and purposes according as I the said E. should at any time or times then following during my life think good order appoint give limit devise or dispose of the same or any part or parts thereof or otherwise according to the intent and true meaning of the said Indenture And it was hereby further covenanted granted concluded and agreed upon by and between the said parties to the said Indenture and the said R.T. did thereby for himself his Heirs Executors and Administrators and for every of them covenant promise and grant to and with the said W.H. T.N. J.A. and N.M. and every of them and the Executors and Administrators of them and every of them that the said Sum of one thousand pounds and every part and parcel thereof should or might from time to time be quietly had taken received and enjoyed unto and by such person and persons whom I the said E. should at any time or times during my life think good limit give devise order appoint or dispose of the same one thousand pounds or any part or parts thereof either by my last Will and Testament in writing or by any writing purporting or intending to be my last Will and Testament or by any other writing to be signed with my hand or to which my mark should be put in the presence of two or more credible persons as witnesses thereunto as in and by the said Indenture among other Covenants at large appeareth which Marriage by the grace of God sithence the making of the said Indenture was solemnized and consummated and no declaration as yet hath been by me made concerning the disposing of the said one thousand pounds or any part thereof when it shall be due and payable Now this present Writing witnesseth and declareth That I the said E. T. hereby expresse my Will Mind concerning the said one thousand pounds when it shall become due or be paid as aforesaid to be as followeth that is to say If my said Husband R.T. be then living and will become bound for himself his Heirs Executors and Administrators by three several Obligations of one thousand Marks apiece unto them the said W.H. T.N. J.A. and N.M. or the Survivors or Survivor or any them or the Executors and Administrators of such Survivors or Survivor respectively and severally conditioned for the payment unto them of three several equal parts of the said one thousand pounds at the three such several and respective times or dayes as my three Children by my former Husband shall attain to the Ages next hereafter mentioned that is to say K.M. to the age of twenty years and T. and W. M. shall attain or come to their several ages of Twenty one years that then the said W.H. T.N. J.A. and N. M. and the Survivors and Survivor of them and the Executors and Administrators of such Survivor shall upon such Obligations entred into as aforesaid quietly suffer him the said R.T. to detain in his hands the said one thousand pounds and every part thereof untill such several dayes and times as the same shall be payable by the several Conditions of the said Obligations so to be entred into by him as aforesaid without paying or allowing any interest or consideration for the same and the said one thousand pounds so payable by such Obligations or Conditions of them and by me dispensed withall as aforesaid or otherwise sooner payable by the said recited Indenture if my said Husband shall die viz. within three moneths after his death in which case of the death of my Husband I do give no manner of dispensation for the payment thereof I do hereby also concerning the same expresse assign and appoint if I shall not otherwayes hereafter declare and appoint that is to say that the said one thousand pounds and the whole proceed thereof not disposed of as aforesaid shall be come and redound to and for the use and benefit of my said three Children for them severally and respectively to have and receive immediately after and upon their several ages above-mentioned by such several and equal third parts as aforesaid Provided alwayes and it is my meaning and I do hereby appoint That if any of my said Children shall happen to die before any of their several and respective ages above-mentioned that then such third part of the said thousand pounds as should otherwise have been payable unto such Child shall remain and be paid by equal portions unto the Survivors of them and if one of them onely survive and the other two both of them happen to die before such their several ages then both the parts hereby allotted unto them shall wholly accrue and come unto such surviving Child only And if all my said Children shall dye before they come to their said several ages then my will and meaning is That the said one thousand pounds and the whole proceed thereof shall come and be paid unto my loving Husband before-named his Executors c. if I shall not otherwise hereafter dispose of the same according to the power and authority to me reserved given and appointed by the said recited Indenture In witnesse c. An Indenture reciting a Lease for a year and a Grant of a Reversion upon a trust to several uses reserving power to make Leases and to revoke the trust THis Indenture made c. between A.B. and C. D. of
amends rendred 14. If a Tenant upon an arbitrement give a Release to the Landlord whether will that Release free any other that the Landlord hath caused to wrong the Tenant Ans For any thing that any other hath done joyntly with the Lord wherein the Tenant was indamaged this Release may be pleaded in Law but not in actions done by any other without the Lords joyning A Charter-party with extraordinary Covenants and Clauses therein contained THis Charter-party made and indented the Three and twentieth day of August in the year of our Lord God One thousand six hundred thirty and eight according to the new stile between H C. of Slego in the Kingdom of Ireland Merchant of the one part and R. T. of Newcastle upon Tine Master under God of the good Ship called the William of Newcastle burthen Fourscore Tuns or thereabouts of the other part witnesseth That the said Master hath letten to Freight the said Ship unto the said Merchant and to the said Merchant hath hired her for a Voyage by Gods grace to he made in manner and form following that is to say the said Master for him his Executors Administrators and Assigns doth covenant promise and grant unto and with the said Merchant to take receive and load in his said Ship the William all such goods and Merchandizes as the said Merchant shall please to put aboard her and the said Ship can conveniently carry over and above her Victual Tackle and Appurtenances and with the next good wind and weather which God shall send to depart hence and sail directly for the Island of Scotland called by the name of the Liewes to a Port lying there called L. of Holiard or to any other convenient Port or Harbour in the said Liewes where other Shipping goeth to take in Fish and the said Merchant shall appoint and there with all expedition to discharge all or any of the said goods and re-lade fish to the full and sufficient loading of the said Ship and being dispatched to depart thence and sail directly for the Downs or any other Place or Places Port or Ports where the Merchant or his Assigns shall please to order him there to discharge and deliver the said fish and other goods whatsoever loaden by the said Merchant or his Assigns in the said Ship and so to finish and end the said intended Voyage And the said Merchant for him his Executors Administrators and Assigns doth covenant promise and grant to and with the said Master not onely to go with him in Person for the said Liewes and there to load the Ship with Fish or any such other Goods as he shall please and thence to Sail with them for the Place or Port of their discharge but also then and there before Bulk-breaking to give sufficient security unto the said Master for the payment of his Freight and after safe delivery of his said Goods to pay for Freight 50 l. sterling per moneth for so long time as the said Ship hath been in Service of the said Merchant the dayes lesse than a moneth after the same rate the moneths pay to begin on Fryday next the Seven and twentieth day of this present moneth and to end when the last goods are delivered out of the said Ship at the place of her right discharge and the said Freight to be paid within dayes at the longest with Averige and Primage according to the Custom of the Sea And moreover The said Merchant doth promise to provide the said Master a sufficient Pilot to bring the said Ship in and out of the Liewes and to pay all other Pilotage Anchorage and other Duties which in any Port or Harbour during the said Voyage shall or may be claimed in respect of the said Ship and Goods and to provide the said Ship of sufficient Convoy if he the said Merchant or his Assigns do require that the said Ship shall make her Discharge in any unfree place Provided That the said Master in his going for the said Islands or Liewes is to put into Tinmouth-Haven there to victual and provide himself which time from his first coming in until his coming out again to Sea is not to be reckoned to the Merchants charge And the said Master doth promise and warrant his Ship to be strong and stanch and to Man and Victual her fitting to perform the said Voyage with all other necessary Appurtenances For the true performance of all which Premisses the said Parties do bind themselves unto each other in the penalty of 500 l. sterling to be paid by the party defective unto the party observant And it is agreed by and between the said Parties That the Monethly Freight above-mentioned shall run and continue until the same Freight be fully paid and that the said Master shall not abide or tarry in Tinmouth-Haven longer than six dayes if wind and weather serve Provided That the half-deck and fore-castle is to be for the Masters use and stowage In witness whereof the said Parties unto two Charter-parties of this tenor interchangeably have put their hands and seals Dated in c. the day and year above-written A Deed to revoke several uses in settlement according to a power therein reserved TO all Christian People to whom this present Writing shall come Sir R.C. of Slefford in the County of Lincoln Baronet sendeth greeting in our Lord God everlasting Whereas in and by one Indenture bearing date c. and made between Sir R. C. on the one part and I.S. Gentleman servant of the said Sir R. C. on the other part There is amongst other things one proviso contained in these or the like words in effect hereafter following that is to say Provided likewise that it is hereby further declared and agreed by and between the said parties to these presents and the true intent and meaning of them and of these presents is that if the said Sir R. C. shall at any time hereafter during his natural life be minded or purposed to alter determine revoke or make void all or any of the use or uses estate or estates trust or trusts herein before mentioned declared limited or appointed and shall by any Deed or Writing to be by him the said Sir R. C. sealed and subscribed in the presence of two or more credible witnesses declare and publish his mind intent and meaning to be to revoke alter or make void and frustrate the said several uses estate and trusts before in these presents mentioned declared limited or appointed or any of them of for or concerning the said Castle Mannors Messuages Lands and Premisses or any of them or any part or parcel of them or any of them that then from and after any such declaration or publication so to be made as aforesaid the same use and uses estate and estates trust and trusts in and by these presents limited expressed declared or appointed of for and concerning the which any such declaration or publication shall be made as aforesaid shall cease and
the said Lands are or may be charged and for saving him harmless from all damages whatsoever which may or might at any time hereafter happen to fall upon the said T. G. his Heirs or Assigns or or upon any of the said lands and premisses of any other the Lands of the said T.G. for or by reason of any the debts of the said I.C. and W. C. his deceased father or either of them and whereas the said T.G. at the time of the ensealing of the presents at the request of the said R.I. hath paid the said sum of 628 l. to the said I.C. and R.I. or one of them or to such as were appointed by them or one of them to receive the same Now that the said R.L. and I.C. have received the said sum of 628 l. of and from the said T.G. the receipt whereof they do hereby acknowledge and that the same in the last payment and in full satisfaction of and for all the Lands Tenements and Hereditaments which the said I. C. had in the County of O. and which the said T. G. purchased and thereof and of every part and parcel thereof they do clearly and absolutely acquit and discharge the said T. G. his Heirs Executors and Administrators for ever by these presents And in consideration of the premisses the said R. I. and I. C. do for themselves joyntly and either of them for himself severally doth covenant promise and grant to and with the said T.G. his Heirs Executors and Assigns that they the said R.I. and I.C. shall and will from time to time and at all times hereafter save defend and keep harmless the said T.G. his Heirs Executors and Assigns and also all the said Lands and Premisses in C. aforesaid or elsewhere in the County of O. so purchased by him the said T.G. and all others his Lands Tenements Goods and Chattels of and from all loss and damage whatsoever which shall happen arise or befall for or in respect of any the debts of the said W.C. and I.C. or of either of them In witness c. A Proviso to be inserted in a Lease or a power of Revocation reserved PRovided always That if the said c. his Executors or Administrators or any of them shall at any time hereafter pay or tender unto the said W.W. his Executors c or to any other person or persons whatsoever to and for the use of the said W.W. his c. the sum of 12 l. of lawfull money of England to the intent to make void this present Lease and Demise and shall express and declare such his her or their intention either by word or writing that then and from thenceforth this present Lease and Demise shall cease and be void In witness c. A Presentation of a Minister to a Living decording to the Form now used TO all Christian People to whom this present Writing shall come we A.B. and C.D. the true and undoubted Patrons of the Vicaridge or Parish-Church of C. in the County of S. send greeting for as much as the said Vicaridge or Parish-Church is lately by the death of E.F. the late Incumbent there become void and in our full right of Presentation we do therefore hereby present you G. H. Clerk Mr. of Arts unto the Church of C. aforesaid and to the Vicaridge thereof to have hold and enjoy the same with all and every the rights members and appurtenances thereunto belonging according to several former and late Acts of Parliament in this case provided doing and performing the duties of a Pastor belonging to the said Church In witness whereof we have hereunto subscribed our names and set our seals this _____ day of _____ in the Year of our Lord God One thousand six hundred and fifty two A Lease of a Parsonage impropriate for three lives upon surrender of a former Lease with extraordinary Covenants with a Letter of Atturney to deliver possession together with the Execution thereof endorsed THis Indenture made the 5th day of March in the Year of our Lord God 1651. Between R.S. of the City of Oxford Gent. of the one part and W.P. of London Esq of the other part Witnesseth that the said S. W. for divers good causes and considerations him hereunto moving and especially in consideration of a Surrender made to the said W.C. of a Lease now in being for three lives bearing date the 28. of March in the Sixth year of the Reign of the late King Charles made by I.S. father of the said W.S. party to these presents deceased to Sir H.M. deceased of the parsonage of Bray and other things hereafter in these presents mentioned hath demised granted and to farmlet and set to the said W.P. the scite of the parsonage of Bray in the County of B. and all the houses upon the said scite builded arable Lands Meadows Leasows and Pastures Demesnes as well in several as in common to the said Parsonage belonging and all the Rents of all the Tenements of the said W. S. as well Freeholders as Customary Tenants and all the Tithings of Corn and Hay to the said Parsonage belonging with all other the profits and commodities to the said Parsonage belonging or appertaining except and to the said W.S. and his Heirs and Assins alwayes reserved all Wards Marriages Reliefs Escheats Fines Heriots Amerciaments Woods and Underwoods and the Advowson of the Parish-Church of Bray when and as oft as it shall be void To have and to hold the said scite of the Parsonage aforesaid and all the said Houses Lands Meadows Leasows Pastures Tithes and other the premisses with all and singular the commodities and profits thereunto belonging with their appurtenances except before excepted to the said W. P. his Executors Administrators and Assigns for and during the lives of the said W.P. and M.P. his wife and T.P. Son of the said W.P. and for and during the natural life of the longer liver of them or any of them yielding and paying therefore yearly during the said Term unto the said W.S. his Heirs and Assigns Four pounds of good lawfull money of England at four Feasts or Terms of the year That is to say at the Feast of Saint Thomas the Apostle the annuntiation of the blessed Lady Saint Mary the Virgin the Nativity of Saint John the Baptist and St. Michael the Arch-angel by even and equal portions and if it happen the said yearly rent of Four pounds or any part or parcel thereof to be behind and unpaid after any of the said Feasts above limited for payment thereof during the said Term by the space of one month that then it shall be lawfull to and for the said W.S. his Heirs and Assigns into the the said scite and all other the premisses to enter and distrain and the distresses there taken to lead drive and carry away and do detain in the same till the said Rent and the Arrerages thereof if any shall be they shall be fully satisfied and contented and if
their Heirs and Assigns for ever and to no other use or uses intents or purposes whatsoever In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written Note that this Conveyance of Lease and Release is much in use and works without the formal act of livery and seisin Note also that if you leave out the Recital in the Release and put in the word Enfeoffe in the Grant then the Release works alone without the Lease with livery A Release from an Executor to two Creditors of the Testator of all Debts BE it known unto all men by these presents That I C. E. Citizen and Mercer of c. Executor of the last Will and Testament of E.G. late Citizen and Haberdasher of c. deceased have remised and released and by these presents for me my Heirs Executors and Administrators do remise release and for ever quit-claim unto C.R. of c. in the Province of c. in the parts beyond the Seas Haberdasher and C.I. of c. Gent and unto either of them all and all manner of actions suits debts debates accompts reckonings bills bonds writings obligatory covenants judgements extents Executions claimes duties and all other demands whatsoever which of or against the said C.R. and C.I. or either of them their or either of their Heirs Executors or Administrators or any of them ever I have had now have or hereafter shall or may have by force and vertue of the execution of the last Will and Testament aforesaid or by reason force colour or means of any other act matter cause deed or thing whatsoever it be from the beginning of the world until the day of the date of these presents In witness whereof I have hereunto set my hand and seal the c. day of c. A Release with an exception of some Bonds c. KNow all men by these presents That I W.H. Citizen and Merchant-taylor of c. have remised released and discharged and by these presents do for me my Executors and Administrators remife release and discharge unto R C. of c. Barber-chyrurgion all and all manner of debts sums of money and demands bills and bonds whatsoever between me the said W. H. and the said R.C. for any matter or thing whatsoever before the day of the date hereof excepting two bills bearing date the c. day of c. the one for payment of five pounds one the c. day of c. next coming and the other for payments of five pounds on the c. day of c. now next coming In witness whereof I have hereunto set my hand and seal the c. day of c. A Release from two Partners to two Debtors KNow all men by these presents That we P. E. and L. T. Citizens and Merchant-taylors of c. have remised released and quit-claimed and by these presents for us our heirs executors and administrators joyntly and severally do remise release and quit-claim unto C.R. of c. in the Province of c. in the parts beyond the Seas Haberdasher and unto C.H. brother of the said R. and to either of them all and all manner of actions suits debts bills bonds reckonings accounts and all other matters causes things and demands whatsoever between us the said P.E. and L.T. or either of us and the said C.R. and C.H. or either of them for any matter or thing whatsoever at any time or times before the day of the date of these presents In witness whereof we have hereunto set our hands and seals the c. day of c. in the year of our Lord God c. Sealed and delivered in the presence of _____ A Grant of the Stewardship of a Mannor during pleasure TO all Christian people to whom this present writing shall come I P. I. of the Middle-Temple London Esquire send greeting in our Lord God everlasting Know ye that I the said P.I. have given granted and by this my present Writing do give and grant unto B.I. of c in the County of c. Gent. the office of Steward and Stewardship of all that the Mannor of c. and of the hundred of c. in the County of c. and also the custody and keeping of the Courts Leets and other Courts of and within the said Mannor and hundred together also with all sees and profits thereunto belonging to have hold and enjoy the same to him the said B.I. by himself or his sufficient deputy for and during my will and pleasure In witness whereof I the said P.I. have hereunto set my hand and seal dated the c. day of c. Sealed and delivered in the presence of An Agreement of Creditors to take their Debts by four several payments and abate all interest WE the Creditors of C.H. whose names are hereunder subscribed are all content and do every one of us severally and respectively for himself agree and promise to take and accept of such principal debts as are due unto us from the said C.H. at such four dayes of payment as is aforesaid mentioned the said payments to be made by even equal portions That is to say one fourth part of our said several debts on or before the c. day of c. next coming one other fourth part thereof on the c. day of c. now next also ensuing one other fourth part thereof one the c. day of c. which shall be in the Year of our Lord God c. and the residue of our said several debts being the last and fourth part on the c. day of c. which shall be in the year of our Lord God c. in full payment and satisfaction of our said debts and upon the said C. H. making the first payment and giving us respectively his bonds or bills for the three last payments according to this agreement we will deliver up our old securities and discharge him thereof Witness our hands the c. day of c. A Lease of a side of a Shop and other conveniencies with a grant of goods and wares according to a schedule annexed THis Indenture made the c. day of c. Between E.H. Citizen and Stationer of c. on the one part and H.T. of the same City Stationer on the other part Witnesseth that the said E.H. for and in consideration of the yearly rent hereafter in and by these presents reserved to be paid hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said H.T. all that part of the Shop now in the occupation of the said E.H. being the West-side of the same Shop also the ware-house at the end of the same Shop which said warehouse abutteth upon the South-end of that part of the said Shop which now is in the occupation of A.R. as the same demised part of the said Shop and also the
she the said A. Lady D. shall in her life-time under her hand or by her last Will in writing appoint or give consent unto And the said A. Lady D. doth hereby also declare that her intent is in case she should not in her life time as aforesaid or by her last Will make any Declaration of her intent for the disposing of the premisses or in case she the said A. Lady D. shall make such Declaration for part and not for other part then the said parties trusted and every of them shall respectively convey their several Estates in the premisses or of so much thereof as she the said A. Lady D. shall not so make a Declaration of to W. D. Esq second Son of the said A. Lady D. and to his Heirs Executors and Assigns according to the intent of these presents and shall alwayes permit her and her assigns as aforesaid to receive and enjoy all and every the Rents and Profits of the same In witness whereof c. A Letter of Attorney to demand a Rent according to a Lease TO all Christian People to whom c. E.F. of c. and J. P. of c. send greeting in our Lord God everlasting Whereas the said E. F. and J. B. by their Indenture dated the fifth day of c. did demise and grant unto J. B. of C. in the said County of B. Yeoman and his Assigns all that Wood-ground with the soyl thereof called by the name of W. Wood containing by estimation 60 Acres were the same more or lesse with the appurtenances thereunto belonging lying in the Parish of C. aforesaid to hold the demised premisses to the said I. B. and his Assignes from the Feast of the Birth of our Lord God then last past for the term of Twenty one years from thence next ensuing by and under the yearly Rent of Thirty pounds six shillings and four pence payable to the said Edmund F. and J. P. at the Feast of the Nativity of St. John the Baptist and the Birth of our Lord God by equal portions at the Font-stone in the Temple-Church London with this special Proviso or Condition in the said Indenture contained That if the said yearly Rent or any part thereof should be unpaid in part or in all at the place aforesaid by the space of ten dayes next after either of the said Feasts or dayes of payment the same being lawfully demanded that then and at all times afterwards it should be lawfull for the said E. F. and J. P. and their assigns to re-enter upon all the premisses and the same to have again retain repossess and enjoy as in their former estate and right as by the said Indenture amongst other things herein contained appeareth Now know ye That the said Edmund F. and J. P. have and hereby do depute constitute and appoint and in their stead and place put their well-beloved Friend J. H. of L. Esquire their true and lawful Attorney for them and in their names to ask and demand according to the Proviso in the said Indenture contained the half-years Rent that shall grow due upon the said Demise by the said J. B. or his Assigns being the sum of Fifteen pound three shillings and two pence at the Feast-day of the Birth of our Lord God now next ensuing And also they the said Edmund F. and J. P. do hereby authorize and appoint the said J. H. to demand the said Rent and Sum at the time and place in the Proviso in the said reci●ed Indenture mentioned for payment thereof according to the Proviso or the intent thereof And the said E. F. and I. P. do hereby further authorize and appoint the said J. H. Authority to demand a Rent Toties quoties from time to time and at all times during the continuance of the said Term that shall be unexpited and to come at or after the said Feast-day of the Birth of our Lord God now next ensuing for them and in their names to ask and demand on the tenth day next after either of the said Feasts or dayes of payment according to the Proviso in the said Indenture contained all such Rent and Rents that shall grow due to be paid upon the said Demise at either of the said Feasts by the said J. B. or his Assigns at the time and place in the Proviso of the said recited Indenture mentioned for payment thereof according to the purport and form of the same ratifying and allowing all and whatsoever the said I. H. shall do in the premisses as if they themselves were personally present and did demand the same In witnesse c. A Letter of Attorney to re-enter upon the former Letter of Attorney TO all Christian People to whom c. E. F. of c. and I.P. of c. send greeting Whereas c. reciting the Indenture mentioned in the former Letter of Attorney and then reciting That whereas the said E. F. and I. P. by their Letter of Attorney dated c. did authorize and appoint J. H. of c. to ask and demand in their names and to their use the half-years Rent c. viz. the summe of 15 l. 3 s. 2 d. which was then to grow due and payable at the Feast day of the Birth of our Lord God then next ensuing and for non-payment whereof the said E. F. and I.P. by a Proviso in the said recited Indenture might lawfully re-enter if the same should be behind by the space of ten dayes after the said Feast according to the form and effect of the said recited Indenture and Proviso And whereas the said J.H. did demand the said half-years Rent of 15 l. 3 s. 2 d. due and payable by vertue of the said Proviso and the power to him given by the Letter of Attorney aforesaid Yet notwithstanding the said I. B. and his Assigns nor either of them have not paid the said half-years Rent according to the reservation and Proviso of the said recited Indenture Now know ye That the said E. F. and I. P. have and hereby do depute constitute ordain and appoint their 〈◊〉 Well-beloved Friend J. H. their true and lawfull Attorney for them and in their names and to their use into all and every the premisses demised by the said recited Indenture unto the said I. B. and his assigns to re-enter and the same to have detain and keep for them and to their use according to the power and condition in the said recited Indenture mentioned ratifying allowing ut supra in the former In witness c. An Indenture of Covenants declaring that a mans name is but only used in Trust in the taking of an Assurance THis Indenture made c. between T. B. of the one part and A. B. of c. of the other part witnesseth Whereas T.H. by his Indenture of Bargain and Sale bearing date c. See down the Consideration and Plaint made between c. for the consideration therein mentioned did grant bargain and
sell unto the said T. B. and A. B. their heirs and assigns all that Messuage Farm or Tenement with the appurtenances and all those three Yard-lands of Meadow arable and pasture with all and singular their appurtenances in F. in the said County of L. now or late in the tenure of the said T. H. or his assigns to hold the said Messuage or Tenement and three Yard-lands with the appurtenances to the said T. B. and A. B. their heirs and assigns for ever and did covenant by the said Indenture to levy one fine Sur Connizance de droit come ceo c. of the premisses to them the said T. B. and A. B. and their heirs as by the said Indenture amongst c. appeareth Now this Indenture witnesseth That the said A. B. was only named in trust by the said T. B. to and for the use of the said T. B. his heirs and assigns and that the said Summe of five hundred pound mentioned in the said Indenture to be the consideration for the said purchase was the proper money of the said T. B. And the said A. B. doth covenant c. that he the said A. B his heirs and assigns from time to time and at all times hereafter To Convey Lands according to the Trust upon the request and at the costs and charges in the Law of the said T. B. his heirs or assigns shall and will convey and assure the premisses and all his estate title and interest therein unto the said T. B. and his heirs to the use of the said T. B. and his heirs or to any other person and persons and their heirs to the use of them and their heirs as the said T. B. or his heirs shall direct or appoint acquitted and discharged of and from all Charges and Incumbrances had made or done by the said A. B. or by from or under any other person or persons whatsoever claiming by from or under him And the said T. B. doth covenant c. That he the said T. B. his Heirs Executors or Administrators To save harmless from any damage hapning by reason of the joynt Estate or some or one of them shall and will from time to time and at all times hereafter save and keep harmless the said A. B. his Heirs Executors and Administrators his and their Lands and Goods of and from all manner of damage loss and hinderance which shall or may hereafter happen to arise or grow for or by reason of the said joynt estate settled and raised by the said A. B. and T. B. in Trust for the said A. B. as aforesaid An Acquittance for money paid in part of a Purchase Quinto die D. c. REceived by me T.H. the day and year above-written of T. B. the Summe of c. as part of the money agreed to be paid for the purchase of certain Lands in F. in Com. L. according to certain anicles of agreement indented bearing date c. made between c. In witness c. The manner of indorsing an Attornment of Tenants MEmorandum That R. C. of c. assignee of H. G. c. and the rest of the Tenants and Farmers of the premisses within mentioned by vertue of several Leases thereof made unto them by the within-named W. G. did severally Attorn and become Tenants of and of their several and respective interests in the premisses to the within-named C.G. this present tenth day of c. and the said several Tenants and every of them have given unto the said C. G. one penny in the name of Attornment in the presence of c. A Release of Interest in Lands TO all c. R. E. of c. sendeth greeting Know ye That the said R. E. for and in consideration of the sum of c. to him in hand paid by T.H. of c. hath given granted remised released and quit-claimed and by these presents doth c. unto the said T. H. all his estate right title interest term of years claim and demand whatsoever which he the said R. E. now hath or may claim to have of in or to one Messuage or Tenement with the appurtenances commonly called or known by the name of c. scituate lying and being in c. and of and in all the Lands Tenements and Hereditaments whatsoever to the said Messuage or Tenement belonging or appertaining or to or with the same now used occupied or enjoyed In witnesse c. A Condition to save a Surety harmless from a Recognizance THe Condition c. That whereas the said J. C. and A. G. together with the above-bounden R. P. and for him by Recognizance acknowledged before Mr. T. G. one of the Kings Majesties Justices of the Peace for the County of c. the said R. P. hath acknowledged to our Soveraign Lord the King twenty pound and the said A. G. twenty and the said I. C. twenty pound That he the said R. P. shall from henceforth for ever keep his Majesties Peace towards one W. B. c. as by the said Recognizance entred into as aforesaid at large appeareth If therefore the said R. P. his c. from time to time and at all times hereafter do clearly acquit discharge and save harmless the said I. C. his c. and all his and their Lands Tenements Goods and Chattels and every of them as well against our said Soveraign Lord the Kings Majesty his Heirs and Successors as against all and every other person and persons of for or concerning the said Sum or penalty of c. and also of all other costs charges and troubles that may futurely come or arise for or concerning the same That then c. A Disavowment of a Sute TO all c. I. L. of c. sendeth greeting c. Whereas a Sute hath been of late Commenced and Prosecuted for me and in my name in his Majesties Court of Kings Bench at Westminster against M. L. for c. setting down for what which said Sute as yet dependeth in the said Court. Now know ye That the said Sure was Commenced and is prosecuted without any warrant or allowance of me and I therefore do hereby renounce and disavow the said Sute and all and every other sute or sutes attempted or prosecuted against the said M. L. for me and in my name for or by reason of the said Bond or any other cause or matter whatsoever In witness c. Warrant for the keeping of a Court. WHereas I have received direction from the Right Honourable R. E. of D. to hold a Court-Baron for his Lordships Mannor of S. within c. These are to let you understand That I have appointed the 9th day of c. next being Tuesday for the holding of the said Court at or in the Hall of the said M. house and do therefore hereby request and require you to give notice of the said time and place appointed for the holding of the said time and place appointed for the holding
seized of so much and such part and parcel of the said Lordships Mannors and Premisses as either in respect of not making and naming the right Tenant of the Free-hold in the severall Writs of Entry aforesaid or in respect of any other legal defect shall not be by the severall and Recoveries aforesaid well and sufficiently assure and settle to the several uses before in and by these presents expressed to the severall and respective uses intents and purposes hereafter in and by these presents expressed appointed and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his assigns for and during the Term of his naturall life without impeachment of or for any manner of wast and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her Assigns for and during the term of his natural life and from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever In witnesse whereof to one part of these present Indentures remaining with the said E. Lord G. Dame I. his wife D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed and set their severall hands and seals and to one other part of these present Indenture remaining with the said W.N. and A. T. the said C. Lord S. E. L. G. Dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals and to one other part of these Indentures remaining with the said C. Lord S. the said W.N. A.T. E.L. G. Dame I. his wife D. L. and I.S. have interchangeably subscribed and set their several hands and seals the Day and Year first above-written Anno Dom. A Condition to save harmless where one Attorns Tenant with a Covenant to grant a Lease when the premisses are setled in the Obligee THe Condition of this Obligation is such That whereas the within named I. S. hath attorned Tenant and doth and is contented to pay his Rent being Eleven pounds ten shillings per annum unto the within bound T. S. his heirs or assigns for the Messuage or Tenement with the Appurtenances wherein the said J.S. now dwelleth scituate near W. London If therefore the said T.S. his Heirs Executors Administrators or Assigns do from time to time and at all times hereafter clearly acquit discharge or sufficiently save harmless and indemnified the said J. S. his Executors Administrators and Assigns goods and chattels as well against one R. N. of the Parish of Saint G. in the Fields in the County of M. gent. and K. his wife and against the Heirs and Assigns of the same K. also against all and every other person and persons whatsoever of for from touching and concerning all such and so much Rent as he the said J. S. his Executors or Assigns hath already paid or shall hereafter pay to the said T. S. his heirs or assigns for the Tenement aforesaid with the Appurtenances and also of and from all Actions Suits Charges Distresses Forfeitures Judgments Executions and all other Damages Troubles and Incumbrances whatsoever that shall or may arise or grow or be had commenced or prosecuted against the said J. S. his Executors Administrators or Assigns by reason of paying the said Rent or any part thereof unto the said T. S. his Heirs or Assigns or by reason of occupying of the said Tenement And further If in case the said T. S. his heirs or assigns do or shall quietly hold and enjoy the possession of the Tenement aforesaid with the appurtenances amongst other things as he the same T. now doth for and during the space of two years next coming after the date within written without any further new Suit Then if the said T. S. his heirs or assigns do within one month next after the end and expiration of the said term of two years or after such time as the estate of the premisses shall be perfectly setled in the said T. or his heirs at the reasonable request and at the costs and charges in the Law of the said J. S. his Executors or Administrators by good lawfull and sufficient Indenture of Lease in due form of Law to be had made and executed Demise grant and to Farm-let unto the said J. his Executors Administrators and Assigns all the said Messuage or Tenement with the appurtenances wherein the said J. now dwelleth as aforesaid for so many years as will make up the remainder of the term of years in his former Lease granted full Twenty and one years and under the yearly Rent of Eleven pounds ten shillings quarterly to be paid to the said T. his heirs or assigns or within one and twenty dayes next after every Quarter-day by even portions and with such other reasonable Covenants therein to be contained as are commonly used in such like Leases That then this present Obligation shall be void and of none effect or else it shall stand and remain in full force strength and vertue A Condition to save harmless an Executor for payment of several Legacies to Orphans with a Covenant to see the same Legacies disposed to the best advantage for the Legatees THe Condition of this Obligation is such That whereas M.D. late of St. J. street in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the Tenth day of M. in the Year of our Lord God One thousand six hundred and fourteen did amongst other Legacies and Bequests give and bequ●ath unto M. T. and A. T. Daughters of the within-bound T. T. Five shillings a piece of lawfull money of E. as by the s●me Will more at large appeareth Which said Sums of five shillings a piece the within named I. S. Executor of the last Will and Testament of the said M. D. hath at the Request of the said T. T. at and before the ensealing and delivery hereof paid and disbursed to the said T.T. for the use and behoof of his said Daughters M. and A. If therefore the said T. T. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said I. S. his Executors and administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said M. and A. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment of the said Sums of five shillings a piece to the said T. T. their Father
as aforesaid And of and from all Actions Sutes Costs Charges Damages Expences and Demands whatsoever which he the said J. S. his Executors Administrators or Assigns shall hereafter happen to incur sustain or be put unto for or by reason of the payment of the said Sums of five shillings a piece for the use of the said M. and A. to the said T. their Father as aforesaid That then this Obligation shall be void or else it shall stand in full force and vertue A Condition to pay the Rent reserved in a Lease according to the Covenant therein exprest THe Condition of this Obligation is such That whereas the within named I. C. by his Indenture of Lease of the date within written did Demise grant and to farm-let unto the within bound H. B. all that Messuage or Inne called the Signe of the White Horse with all Cellers Sollers Chambers Rooms Yards Stables and Appurtenances thereunto belonging as it is now in the Tenure or occupation of the said I. C. set and being in S. in the Parish of St. O. in S. in the County of S. except as in the same Lease is excepted To have and to hold the same from the Feast of the Nativity of St. John Baptist next coming after the date of the same Lease unto the end and term of Ten years and one quarter of a year from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during ten years of the said term of ten years and one quarter of a year to the said I. his Executors or Assigns Twenty and four pounds of lawfull money of England at Four Terms of the year that is to say at the Feast of St. Michael the Arch-Angel the Birth of our Lord God the Annuntiation of our Lady and the Nativity of St. John Baptist or within fifteen dayes next after every of the said Feast Dayes by even portions And for the last quarter of a year six pounds at the Feast of St. Michael the Arch-Angel next ensuing the said term of ten years or within fifteen dayes then next following as by the same Lease more at large appeareth If therefore the said H. B. his Executors or Assigns do yearly and every year during the said Term of Ten years well and truly yield and pay or cause to be yielded or paid to the said I. C. his Executors or Assigns the said yearly Rent of Twenty and four pounds at the said Four Feasts or Terms of the year mentioned in the said Lease or within Fifty dayes next after every of the said Feast-dayes by even portions and the said Summe of Six pounds at the said Feast of St. Michael the Arch-Angel next after the end of the said Ten years or within fifteen dayes then next following according to the tenure and true meaning of the same Lease That then this Obligation to be void and of none effect Or else to be in full force and vertue A Defeazance on a Recognizance or Statute-Staple THis Indenture made the one and twentieth day of August Anno Dom. 1634. and in the Tenth year of the Reign of our Soveraign Lord Charles by the grace of God King of England Scotland France and Ireland Defender of the Faith c. Between J.B. Citizen and Salter of London of the one part and G. B. Citizen also and Salter of L. of the other part Witnesseth That whereas the said G. B. by a certain Recognizance of the nature of a Statute of the Staple made and provided for the Recovery of debts taken Recognized and sealed before Sir J. C. Knight Mayor of the Staple of W. and E. L. Esq Recorder of the City of L. bearing date with these presents standeth and is bound unto the said I. B. in the summe of Four hundred pounds of lawful money of England payable as by the same Recognizance more at large appeareth Nevertheless the said I. B. is contented and agreed and doth covenant promise and grant for himself his Heirs Executors and Administrators to and with the foresaid G. B. his Heirs Executors and Administrators and to and with every of them by these presents That if the said G. B. his Heirs Ezecutors Administrator or Assigns or any of them do pay or cause to be paid unto the said I. B. his Executors Administrators or Assigns or any of them at or in the now dwelling house of the said I. B. scituate in the Parish of St. A. H. London the Summe of Two hundred and eight pounds of lawfull money of E. on the Three and twentieth day of F. next coming after the date of these presents without fraud or coven That then the foresaid Recognizance shall be utterly void and of none effect or else to remain in full force strength and vertue In witnesse whereof the parties first above named to the present Indentures interchangeably have set their hands and seals dated the day and year first above written A Grant of Lands in Fee in consideration of money and in further consideration of exchange of other Lands THis Indenture made c. between c. Witnesseth That the said L. G. and also for and in consideration of a certain competent Summe of lawful money of England to him in hand before the ensealing and delivery of these presents by the said I. B. well and truly paid and for and in consideration of other Lands Tenements and Hereditaments by the said I. B. conveyed and assured to the said L. G. and his heirs in exchange Whereof and wherewith the said L. G. acknowledgeth himself fully satisfied and contented and thereof and of every part and parcel thereof clearly acquitteth and dischargeth the said I. B. his heirs and assigns by these presents hath bargained sold aliened enseoffed and confirmed and by these presents doth fully and clearly bargain sell alien enseoffe and confirm in exchange unto the said I. B. and his heirs All that Scite and Capital Messuage or Tenement with the appurtenances scituate c. now being in the tenure or occupation of the said L.G. or his assigns and all and every the Barns Stables Out-houses Orchards Gardens and other appurtenances to the said Messuage or Tenement belonging or in any wise appertaining and all and every other the Lands Meadows Pastures and Closes therewith occupied by the said L. G. and being in E. aforesaid And all that Messuage or Tenement with the appurtenances scituate and being in E. aforesaid and 30 Acres of Land Meadow and Pasture thereunto belonging now or late in the Tenure c. And all that Messuage c. and all that Cottage c. and all and every the Commons Wastes Grounds Leys and other appurtenances to the premisses or any of them belonging or in any wise appertaining And all and every other the Lands Tenements and Hereditaments scituate lying and being in E. aforesaid with all and singular the appurtenances whereof E. G. Esq Father of the said L. died seized of an Estate of Inheritance and the Reversion
or either of them shall and will at all times during the space of five years next after the date of these presents if the said Sir G. H. shall so long live at and upon the reasonable request and at the proper costs and charges in the Law of the said Sir G. H. and his assigns make acknowledge and execute to the said Sir G. H. and his assigns all and every such further and other lawful and reasonable act and acts device conveyance and assurance in the Law whatsoever for the better holding and enjoying of the said 50 l. per annum herein before granted according to the true meaning of these presents as by the said Sir G. H. and his assigns or any of them his or their Council learned in the Laws of this Nation shall be in that behalf advised or devised and required so that such person and persons who are to make such further assurance as aforesaid be not therein compelled to travel further than to the City of London and Westminster Which said other assurance so to be had and made as aforesaid shall be and enure and shall be adjudged and taken to be and enure and by the said parties is hereby so declared to the only use and behoof of the said Sir G. H and of his assigns and to none other use or purpose whatsoever In witnesse whereof c. Articles of Agreement for the holding Copy-hold Lands from year to year from the term of c. at a certain Rent c. Articles of Covenants and Agreement bad made and agreed upon the c. day of c. in the c. between R. C. of c. in the County of c. husbandman E. his wife P.C. their son and I. B. of c. in the said C. husbandman of the one part and T.P. of c. in the said C. Yeoman of the other part viz. WHereas the said R.C. by certain Articles of Agreement indented bearing date the c. in the c. year of c. made between the said R.C. and P.C. of the one part and the said I. B. of the other part did for the Considerations therein mentioned covenant promise and grant to and with the said I. B. his Executors and Assigns That he the said I. B. his Executors and Assigns and every of them should have and enjoy from the date of the said Articles from year to year every year for and during the term of Twenty five years then next and immediately following according to the custome of the Mannor of c. all and singular the Lands Meadows Pastures Feedings Commons and Appurtenances belonging to a customary or Copy-hold Tenement with the Back-side Barns Stables and Stalls thereunto belonging and the West-end of the dwelling-house and the Room over-head then in the possession of one S.S. except and alwayes reserved unto the said R. C. and P. C. and every of them their assignee or assigns all the other part of the dwelling-house then in the possession of the said R. C. and P.C. with the Garden and one Cow-Pasture and five acres of Arable Land whereof one acre and hallyeth at a place called the Quarre one acre by the piece in the East-field half an acre in Rudlands in the same Field one acre in the West-Rowden and one acre called Cecelies with free ingress egress and regress thereunto at all times and seasons convenient without the lawful let disturbance or interruption of him the sai● J. B. his assign or assigns if they the said R.C. and P.C. or either of them shall happen so long to live and likewise should have and enjoy during the said term limited as aforesaid the u● of the Eastern part of the Back-side as it was then divided and appointed all which recited premisses belongeth unto one customary or Copy-hold Tenement with the appurtenances in ● aforesaid parcel of the Mannor of c. abovesaid which the said R. C. then had and enjoyed during his natural life according to the custom of the said Mannor the Remainder whereof after the decease of the said R. being expectant unto the said P. his Son by way of succession according to the said Custom as in and by the said Articles of Agreement amongst other Covenants and agreements therein also contained at large it doth and may appear It is now concluded and agreed by and between the said parties to these presents touching and concerning the premisses in manner and form following that is to say First the said J. B. for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said T.P. his Executors and Assigns by these presents That he the said T.P. his Executors and Assigns and every of them for and in consideration of the Sum of 20 l. of lawful money of England to be paid to the said I. B. by the said I. P. in manner and form hereafter expressed shall and lawfully may for and notwithstanding any act or deed that the said I. B. hath done to the contrary have and enjoy from and after the day of the date hereof from year to year every year for and during the term of ten years then next and immediately following according to the custom of the said Mannor of c. all and singular the recited premisses mentioned in the said recited Articles of agreement except as is therein excepted if they the said R. C. and P.C. or either of them so long shall happen to live without the lawful let disturbance or interruption of him the said I.B. his assign or assigns And the said T. P. for himself his Executors Administrators and assigns doth covenant promise and grant to and with the said I. B. his Executors Administrators and Assigns by these presents That he the said T. P. his Executors Administrators and Assigns shall and will well and truly pay or cause to be paid unto the said I. B. his Executors Administrators and Assigns for the Rent of the said premisses for the said Ten years the Sum of 20 l. of lawfull money of England that is to say 10 l. thereof at the Feast day of the Birth of our Lord Christ now next ensuing the date hereof and the other 10 l. residue of the said Sum of 20 l. on the Feast day of the Nativity of St. John the Baptist now next also ensuing the date hereof and that he the said T. P. his Executors or Assigns nor any of them shall sell cut down top lop or shrowd any the Trees or quit-sets growing upon the recited premisses Item The said R. C. and P. C. for themselves and either of them for himself their Executors and Administrators and every of them doth covenant promise and grant to and with the said T.P. his Executors and Assigns by these presents That he the said T.P. his Executors and Assigns and every of them for and in consideration that they the said R. C. and P.C. are indebted unto the said T. P.
of the said J.S. his Son T. and S. his Daughters If therefore the said W. S. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said J. S. his Executors and Administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said J.S. T. and S. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment delivery and disbursement of the said Sums of five shillings a piece Pewter-platter Pewter-dish and three Saucers unto the said W.S. their Father as aforesaid And of and from all such actions sutes costs charges damages expences and demands whatsoever which he the said J. S. his Executors Administrators or Assigns shall hereafter happen to incur sustain or be put unto for or by reason of the payment delivery and disbursement of the said Sums of five shillings a piece Pewter-Platter Pewter-Dish and three Saucers for the use of the said J.S. T. and S. unto the said W. S. their Father as aforesaid That then this Obligation shall be void or else it shall stand in full force and vertue A Counter Condition to save harmless from a Bond Well penn'd THe Condition of this Obligation is such That whereas the within named R. C. at the special instance and request and for the only debt of the within-bound J. S. by one Obligation of the date hereof is and standeth joyntly and severally bounden with the said J. S. unto J. T. of London Merchant in the sum or penalty of c. of lawful money of England with conditions thereupon indorsed for the payment of c. of like lawful money of England on the last day of February now next ensuing the day of the date within written as by the same Obligation and Condition may appear If therefore the said J. S. his Executors Administrators or Assigns or any of them do and shall well and truly pay or cause to be paid to the said J.T. his Executors Administrators or Assigns or some of them on the said last day of February above mentioned at the now dwelling house of H. C. London Gent. fituate in c. in London the aforesaid sum of c. and do thereby clearly exonerate acquit and discharge the said R. C. his Executors and Administrators as well from all actions sutes costs charges judgments executions and demands whatsoever concerning the same That then this present Obligation to be void and of none effect or else to remain and abide in full force and vertue A Letter of Attorney to take possession according to the Contents of a Lease TO all People to whom this present Writing shall come H.T. Citizen and Girdler of London sendeth greeting in our Lord God everlasting Whereas I the said H. T. have signed and sealed one Writing indented bearing even date with these presents purporting a Lease to be made by me unto one c. of all that Messuage with the appurtenances near the Hospital in c. In the County of c. late in the tenure or occupation of R. F. deceased and other Lands and Hereditaments in the said Indenture mentioned To hold from the first day of this instant February unto the full end and term of five years from thence next ensuing as by the said writing indented more plainly appeareth which Writing is not yet delivered by Deed. Now know ye That I the said H. T. have made constituted appointed and in my place and stead put and by these presents do make constitute appoint and in my place and stead put c. my true and lawful Atturney for me and in my name place and stead to enter into and upon the said Messuage Lands and Hereditaments in and by the said Writing indented mentioned to be demised or any part thereof And after such entry made for me and in my name place and stead there upon the premisses to deliver unto the said c. or to his lawfull Attorney in that behalf the said writing indented so by me signed and sealed as aforesaid as the very act and deed of me the said H. T. And further to do whatsoever may be necessary in that behalf and whatsoever my said Attorney shall do or cause to be done in the Premisses I the said H. T. do and shall ratifie confirm and maintain as if I had done the same in my own person In witness whereof I the said H. T. have hereunto set my hand and seal the c. day of February in the year of our Lord c. A short Lease of a Messuage and Lands to be void on paying of one shilling it being the precedent Deed. THis Indenture made the c. day of February in the year of our Lord God c. between H. T. Citizen and Girdler of London of the one part and R. I. of S. in the County of W. Yeoman c. of the other party witnesseth That the said H. T. for divers good causes and Considerations him moving hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said c. all that Messuage with the appurtenances near the c. in c. in the County of G. late in the tenure or occupation of R. F. deceased and all the Barns Out houses Orchard and Garden thereunto belonging And all that Close of Meadow or Pasture-ground thereunto adjoyning containing by estimation five Acres be it more or less and one little ground called or known by the name of Redcraf adjoyning to certain Grounds there called Flankers Closes And one other Close of Arable Land called the Wood furlong adjoyning to the Lane there leading towards S. on the West And all those arable Lands to the said Messuage belonging or reputed or taken to belong thereunto or which were therewith used occupied or enjoyed by the said R. F. deceased lying and being in the Fields of c. aforesaid That is to say five and forty acres by estimation be the same more or less lying in the North-field 22 acres by estimation be the same more or less lying in the South of c. aforesaid To have and to hold the said Messuage or Tenement Land Premisses with the appurtenances unto the said c. his Executors Administrators and Assigns from the first of this instant February unto the full end and term of five years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term one Pepper-corn at the Feast of St. Michael the Arch-angel if it shall be demanded Provided alwayes that if the said H. T. his Executors Administrators or Assigns shall at any time hereafter pay or tender unto the said c. his Executors or Administrators or to any other
person or persons to his or their or any of their use or uses the sum of twelve pence in money for the making void of this present Indenture and the Demise and Lease herein contained that then and from thenceforth this present Indenture and Demise and Lease herein contained shall cease and be void any thing herein contained to the contrary notwithstanding In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written An Award made between four Executors TO all Christian people to whom this present writing quadripartite indented of Award shall come S. W. Ceazer Knight Master of the Rools sendeth greeting in our Lord God everlasting This Indenture quadripartite also made the second day of A. in the fifth year of c. between Sir W. S. c. one of the Executors of the last Will and Testament of R. C. c. of the first party S. T. Offley c. one other of the c. of the last Will and Testament aforesaid of the second Part Sir T. L. c. one other of the Executors of the said last Will and Testament of the third part and Sir H. C. c. one other Executor of the same last Will and Testament of the said R. of the fourth part Witnesseth That whereas the said R. by his said Testament and last Will bearing date c. amongst divers and many gifts and legacies therein limited bequeathed and appointed to sundry persons therein named as by the same it may appear hath given and bequeathed all the residue of all and singular his goods chattels leases and other things whatsoever his debts funerals and legacies being paid and performed unto the said W.S. T.O. and T.L. whom together with the said H. C. his brother he made and ordained his said Executors of his last Will and Testament aforesaid and of the same he hath also made and ordained the said W. C. his Supervisor and Overseer as by the same his last Will also at large it doth and may appear And whereas for the avoiding of all doubts variances controversies sutes and strifes that may and might ensue and grow between the foresaid parties touching the said last Will and Testament and the true execution of the same And for and concerning the said residue surplusage and remainder of the goods chattels and other things after the said Debts Funerals and Legacies discharged every of the said parties have compromitted and faithfully promised and further do severally covenant and grant to and with others by these presents to stand to obey abide perform and fulfill the Award and Judgment of the said W.C. Knight Arbitrator between them indifferently named and chosen of and upon the premisses Whereupon the same W. C. taking upon him the charge and business of the said Award and willing and minding as much as in him is the true execution of the said Testament and that a final peace unity and concord shall be had and continued for ever between the said parties for and concerning the premisses hath and doth by these presents by and with the full assent and consent of all and every the aforesaid parties make publish and declare this his present award arbitrement and judgement between the same parties touching the premisses in manner and form as followeth that is to say First The said Sir W. C. by these presents doth award judge and deem and every of the parties before named covenanteth and granteth severally for himself his Heirs Executors and Administrators to and with the other of them his and their Executors and Administrators and every of them by these presents in manner and form following That is to say That the same Executors That any of the Executors shall not conceal any of the Testators goods from the other Executors or any of them shall not at any time or times hereafter willingly or wittingly conceal withdraw or keep close or cause to be concealed withdrawn or kept close from the said other Executors or any of them or the Survivors or Survivor of them and such Goods Chattels Leases Debts Credits or other things whatsoever as hath come or shall happen to come to his or their or any of their hands custody possession or knowledg that were or did or ought to appertain or belong to the said R.C. the Testator or his Executors to the intent the same or any part thereof should not be recovered used ordered enjoyed or disposed by the same Executors to their and every of their own proper use most benefit commodity and advantage by equal portions in manner and form aforesaid And it is further ordered and judged by the said Sir W. C. and also fully condescended and agreed between the said parties and every of them severally doth covenant and grant for him To execute the Testators Will and Trust reposed in them his Heirs Executors and Administrators to and with the others by these presents That all the same Executors and every of them shall from henceforth both in name and deed take upon him the full and due execution of the foresaid last Will and Testament so far as only to the duty trust and office of Executors appertaineth or ought to appertain And furthermore it is ordered judged and awarded by the said Arbitrator and also covenanted granted and fully agreed between the said parties and the said Parties That the Executors shall bear all Costs and Charges of Sutes in executing the Testators Will equally and every of them do severally covenant and grant to and with other of them by these presents That if at any time or times hereafter it shall be found and approved that the foresaid Testator is and ought be charged either by Law or Conscience with any other debt or debts sum or sums of money or other duties or things whatsoever then at this present is well known and doth appear unto the said Executors or if they or any of them or the Executors of the Survivor of them shall at any time or times hereafter happen to be charged with any manner of Sute or Sutes or other charge or charges whatsoever for or by reason of the said last Will and Testament or the due execution thereof either in Law or otherwise That then all and every the said Executors and the Survivor and Survivors of them and the Executors and Administrators of such of them which then shall be dead and that their equal and indifferent costs bear support pay and allow the same charges and every of them any thing herein contained to the contrary in any wise notwithstanding Another Form of an Award TO all Christian People c. I. S. Serjeant at Law send greeting c. Whereas divers variances sutes controversies debates and demands have been heretofore had moved stirred and depending between A. B. c. and C. D. c. of for and concerning reciting the matter in controversie For the appeasing and pacifying of all which
to the Summe of c. and given him day of payment for the same c. untill the Feast of c. if in case the said A. B. his Executors Administrators or Assigns do not before or at the said Feast of c. pay or cause to be paid unto the said A. B. his Executors c. the said Sum of c. but shall make default of payment thereof or of any part thereof Then if the within bounden E.F. and G.H. or either of them or the Executors Administrators or Assigns of them or of either of them do well and truly content and pay or cause to be paid to the said A.B. his Executors c. the said Sum of c. or so much thereof as at the said Feast of c. shall happen to be behind and unpaid That then c. To deliver Writings to be cancelled at a day certain and place THe Condition of this c. That if the within bounden A. B. his Executors Administrators or Assigns do before the second day of c. next coming after the date within written deliver or cause to be delivered to the within named C. D. his Executors Administrators or Assigns at or within c. all such Indentures Leases Counter-parts of Indentures and Writings as he the said A. B. or any other by his delivery hath or have touching the Mannors of c. which were made and written before the Eleventh day of c. last past without Fraud or Collusion That then c. To save one harmless for delivery of an Indenture THe Condition c. That whereas the within named A.B. hath the day of the date within written delivered unto the within-bound C. D. one Deed indented bearing date c. made from E.F. to G.H. of c. of certain Lands in c. If therefore the said C.D. his Heirs c. do at all times hereafter and from time to time discharge save and keep harmless the said A. B. his Heirs c. against G. S. of c. and all and every other person and persons whatsoever of for or concerning the delivery of the said Deed and of for and concerning all manner of matters and indemnities which may by any means accrew and be unto or against the said A. B. c. for or by reason of the same That then c. A Letter of Atturney irrecoverable to receive a debt on a Bond with Covenant not to release c. TO all Christian People to whom these presents shall come E. A. of c. in the County of c. Shooe-maker sendeth greeting in our Lord God everlasting Whereas J.D. of c. in the County of c. Widow and N.D. Son of the said J. of c in the said County Shooe-maker by their Bill Obligatory bearing date the c. day of c. do stand bounden to me the said E. in the Sum of c. for the payment of the Summe of c. upon the c. day of c. next ensuing the date of the said Bill Obligatory at or in the then dwelling house of the said E. A. scituate in c. aforesaid which said Bill Obligatory is become forfeited Know ye therefore That I the said E. do by these presents authorize constitute and appoint my well-beloved Friend J.E. of c. aforesaid Butcher my lawful Atturney irrevocable for me and in my name to sue arrest attach prosecute condemn imprison the said J.D. and N.D. or either of them and her his or their bodies goods and chattels in execution to take and out of execution to deliver either upon satisfaction by composition or otherwise at the will and pleasure of my said Atturney acquittances or any other discharges to seal and deliver Atturney or Atturneys to make Councellor or Councellors to retain and the same again to revoke and generally and particularly all and every other matter and thing requisite necessary or behoofefull to execute prosecute do and perform or cause to be so done and performed as fully and largely as I my self might or could do being personally present without any accompt thereof to be yielded unto me my Executors or Assigns and whatsoever my said Attorney shall do or cause to be done in about or concerning the premisses I do by these presents ratifie confirm and allow the same and also do covenant with and by my self to my said Atturney not to revoke disallow discontinue deny or be nonsuited in or otherwise to do any thing that may be hurtful prejudicial or any bar or let therein or thereunto by any means whatsoever In witness whereof I the said E. A. have hereunto set my hand and seal the c. day of c. Sealed and delivered in the presence of A Letter of Atturney from two Executors of a Bond sued to a Judgement to a Creditor of the Testator ALL men shall know by these presents That we T. D. Gent. and R. M. Gent. Executors of the last Will and Testament of T. H. late of c. in the County of c. Esq deceased have made constituted ordained and in our place and steads have put and by these presents do make constitute ordain and in our places and steads do put our trusty and well-beloved in Christ M. F. Widow late the Wife of T. F. late of c. Gent. deceased our true and lawful Atturney for us and in our names and steads but to her own use to ask demand receive and take of Sir H. J. late of c. in the County of c. the debt due and payable unto the said T.H. in his life-time by vertue force or reason of one Obligation or Writing Obligatory bearing date the c. day of c. of the penal Summe of Two hundred pounds conditioned for the payment of One hundred seven pounds ten shillings upon the Feast of c. then next following as in and by the said Obligation and Condition thereof may appear And whereas the said T.H. obtained a Judgment against the said Sir H. for two hundred pounds debt upon the said Bond besides damages or costs of Suit Know ye further That we the said T. D. and R. M. have authorized and given power and by these presents do authorize and give power unto the said M. for and in our names but to her own use to take execution or any other Process upon or by reason of the said Judgment against the said Sir H. his Heirs Executors or Administrators or any of them or against his their or any of their Lands Tenements Goods Cartels and Chattels or any of them and with him them or any of them to compound or agree at her will and pleasure for the same and the benefit and profit thereof to her own use to receive and take and him the said Sir H. to sue arrest implead and imprison and out of prison to set at large discharge and release at her will and pleasure and all and every other thing and things which
Prisoner be removed out of the Fleet that was there in Execution out of the Common-Pleas and he be removed by a Habeas Corpus cum causa and then sent to the Marshalsey for another debt and escape from thence In this case the Keeper of the Marshalsey and not the Warden of the Fleet shall be chargeable for both the first and the second debt Co. 4.98 Dyer 278. 10. If a Woman be Warden of the Fleet and she hath Prisoner one in Execution at my Suit and they marry together this shall be adjudged an escape in Law in the Woman for the prisoner is now by Law discharged So if a man have a Prison in Fee and his son and heir be his prisoner and he dye and the prison descend to his son this will be an escape in Law in the Guardian for which I may have an Action of Escape Plowd 37. The Statutes concerning this Point are Westm 2. cap. 18. He that recovereth debt or damages in the Kings Court may at his choyce have a Scire facias of the Lands and Chattels of the debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough Beasts and the moyety of his Land by a reasonable Extent till the debt be levied And if he be ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be Stat. 32 H. 8. cap. 5. Lands lawfully delivered in Execution upon a Judgment or Recognisance being evicted without any fraud or default in the Tenant before he have levied the whole debt and damages the Recoverer and the Recognisee shall have a Scire facias out of the same Court where Execution was awarded returnable there full Forty dayes after the date And thereupon a new Writ of Execution of the nature of the former to levy the rest of his debt and damages if the Defendant make default or shew no good matter in barre Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled A Writ of Execution shall be within the year so as the parties shall not need to plead After the year a Scire facias Of a Statute A Statute as it is taken for a legal assurance is an Obligation of Record and it is so called because it is made in pursuance of and according to the Form particularly provided for the same and is of three sorts viz. 1. A Statute Merchant 2. A Statute-Staple 3. A Recognisance 1. The Statute-Merchant is a Bond acknowledged before one of the Clerks of the Statutes Merchant and Mayor c. of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor of York c. chief Warden Master or Mayor of other Cities or Towns or before the Bayliffs of any Burrough or other sufficient men for that purpose appointed sealed with the Seal of the Debtor or Recognisor and of the King which is of two pieces the greater is kept by the Mayor c. and the lesser by the said Clerks This is upon 13 E. 1. Stat. 4. Acton Burnell 11 E. 1. Co. upon Lit. 289. And is after this Form NOverint universi per praesentes me A. B. de c. Teneri C. D. de c. in mille libris legalis monetae Angliae solvendis eidem C.D. ad Festum Sancti Michaelis Archangeli anno Regni Regis c. Et nisi fecero concedo quod currat super me et haeredes meos districtio et Poena provis in Statut. Domini Regis edit apud Westm Dat. apud Lond. die c. anno c. Or otherwise thus NOverint Universi per praesentes me R. D. de M. in Parochia de B. in Com. W. Gen. Teneri et per hoc praesens scriptum de Statut. Mercator firmiter Obligari H. M. de C. in Comitatu Civitatis L. Generos in quingentis libris bonae et legalis monetae Angliae solvend eid H. M. aut suo certo Attornato Executoribus et Assignatis suis in festo c. Et si non fecero volo et concedo quod currant super me haeredes Executores et Administratores meo● Districtiones et poenae praemissae in statut ●dit in Parliament Domini Edwardi primi quondam Regis Angliae apud Acton Burnell pro debitis mercatorum Recuperand ' Dat. In English thus MEmorandum That R. T. of H. in the County of K. Esq such a day and year came before our Lord the King in his Chancery at Westminster personally constituted and then and there acknowledged That he did owe c. to E. F. of C. in the County of L. Gent. and S. H. of D. in the said County of L. Gent. c. five hundred pounds of lawful money of England to be paid to the said E F. and S. H. or to their certain Attorney Executors or Assigns on the Feast of St. c. next coming after the date of these presents And if he shall fail in the payment of the aforesaid summe of Money at the Feast aforesaid that then the said R.T. for himself his Executors and Assigns willeth and granteth That the said summe of money shall be levied of his Lands and Tenements Goods and Chattels to the use of the said E.F. and S. H. their Executors and Assigns Witness our said Lord the King at Westminster the day and year above mentioned And these kinds of Statutes although at first ordained and used for Merchants onely yet at this day it is and may be used by any others and it is become one of the most frequent and usual assurances in the Kingdom 2. The Staple doth signifie this or that Town whither the Merchants by common order and command do carry their Commodities as Wooll and the like to vent and utter by the great or whole-sale The Statute-Staple is either properly or improperly so called That which is properly so called is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple and sealed with the Seal of the Staple and sometimes also with the Seal of the party which it seems is not absolutely necessary This was devised and used only for Merchants and Merchandizes of the same Staple and is founded upon 27 E. 3. Stat. 2. Co. super Litt. 289. But this now may be used by Merchants or any other for the payment of debts or assurance of Lands or other things and is of the same nature with the Statute-Merchant A Statute-Staple improperly so called is an Obligation of Record founded upon the Statute of 23 H. 8.6 and is in the nature of a Statute-staple and of the same force This is and may be acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple at Westminster and the Recorder