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A69811 The scrivener's guide being choice and approved forms of presidents of all sorts of business now in use and practice, in a much better method than any yet printed, being useful for all gentlemen, but chiefly for those who practice the law, viz. assignments, articles of agreement, acquittances, bargains and sale, bills, conditions, copartnerships, covenants, deeds, defeazances, grants, joyntures, indentures, letters of attorny, licenses, obligations, provisoes, presidents for parish business, releases, revocations, wills, warrants of attorny, &c. / by Nicholas Cobert ... Covert, Nicholas.; Bohun, William. 1700 (1700) Wing C6633A; ESTC R9889 290,539 478

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give and pay for the same Lastly It is covenanted concluded and fully agreed upon by and between the said Parties to these presents That all and every the several Deeds and Writings before-recited shall be reputed deemed and taken to be and enure to the joint use and uses benefit and commodity of both the said parties their Executors Administrators and Assigns and to no other use intent or purpose whatsoever And that the party so keeping the said writings his Executors Administrators or Assigns shall and will upon the reasonable request of the other party his Executors Administrators or Assigns at all times hereafter produce and bring forth all and every or so many of the same Writings as shall be required either for the maintenance of their Title to the premisses or for the selling and conveying of his and their Estate and Interest of and in the moiety of all or any part of the said recited premisses In Witness c. Articles for building a new House and taking down the old one there Articles c. Betwen J. F. and R. C. viz. IMprimis The said R. C. for himself his Executors Administrators and Assigns doth covenant promise and grant to and with the said J. F. his Executors Administrators and Assigns by these presents in manner and form following That is to say That he the said R. C. his Executors Administrators and Assigns or some of them for the Consideration hereafter mentioned shall and will forthwith take down the now Dwelling-house of the said J. F. situate c. and in the room thereof shall make erect build and set up one new Tenement or Dwelling-house to be 40 Foot wide and 50 Foot long together with a Cellar of the same length and breadth and shall also make four Rooms on each Floor and shall find and provide at his own proper costs and charges all and all manner of Tyles Bricks Laths Nails Lead Iron Sand and Lime and all other Materials whatsoever which shall be fit and necessary to be used in or about the said Building and shall carry away all Rubbish whatsoever which shall arise by reason of the said Building and shall and will in all things well and workman-like frame erect set up and finish the said Building at or before the 10th day of March next ensuing the date hereof In Consideration of which said Building so to be done and finished in manner and form aforesaid the said J. F. for himself his Executors and Administrators doth covenant and grant to and with the said R. C. his Executors Administrators and Assigns by these presents in manner and form following That is to say That the said J. F. his Executors Administrators and Assigns or some of them shall and will well and truly pay or cause to be paid unto the said R. C. his Executors Administrators or Assigns the sum of 250 l. of lawful Mony of England at three several payments in manner and form following That is to say Fifty pounds thereof in hand at and before the ensealing and delivery hereof the receipt whereof the said R. C. doth hereby acknowledge and thereof doth acquit and discharge the said J. F. his Executors Administrators and Assigns by these presents One hundred pounds more when the Roof of the said Bulding is framed and tiled and One hundred pounds more residue in full payment of the said sum of Two hundred and fifty pounds when the whole Building is fully compleated and finished In witness c. Articles between a Merchant and his Apprentice's Father c. Articles c. between J.F. and R.C. and D. C. viz. WHereas the said J. F. the day of the date hereof in consideration of the Affection which he the said J. F. beareth to the said R. C. is contented and agreed to take the said R. C. to be his Servant in merchandizing Affairs and accordingly to employ him therein as well in parts beyond the Seas as in England where the said J. F. shall or may hereafter or now hath Trading and Dealings for the space of seven years to commence from the day of the date of these presents And hereupon the said D. C. Father to the said R. C. doth covenant and grant for himself his Executors Administrators and Assigns to and with the said J. F. his Executors Administrators and Assigns That he the said R. C. his Son shall during the said Term if he so long live well diligently and faithfully to the utmost of his power and skill serve him the said J. F. in his Trade of Merchandizing and other his Affairs in such place and places as he the said J. F. shall think fit and appoint And that he the said R. C. at all times hereafter during the said Term shall receive and take into his charge and custody all such Goods and Merchandizes whatsoever as by or for the use or account of the said J. F. shall be consigned or sent to him the said R. C. and also sell utter and dispose of the same Goods or Merchandizes to the best profit he can for the said J. F. his Executors Administrators or Assigns and shall also at all times during the said Term follow and perform the advice directions and orders of him the said J. F. which shall by Letters or otherwise be sent given or made known to him the said R. C. about or concerning the Factory or Merchandizing aforesaid and also that he the said R. C. shall at the charges of the said J. F. his c. provide and keep in due order Books of account concerning his said Employment as aforesaid according to the custom of Merchants in such cases and shall deal justly truly and faithfully to and with the said J. F. his c. in all and every his Accounts Reckonings Bargains and Dealings relating to and concerning his said Employment and shall constantly once in six Months during the Term aforesaid transmit and send unto the said J. F. his c. true Accounts of all the Businesses and Dealings of the said R. C. in the premisses and shall also send Letters of Advice to the said J. F. his c. as often as conveniently he can of such Matters and Occurrences wherewith it shall be proper and expedient that the said J. F. his c. be acquainted And shall also return and come into England and bring all his Books of Accounts with him whenever he shall be required so to do by the said J. F. his c. And that the said R. C. shall from time to time upon reasonable Request made shew forth all his Books of Accounts concerning all his dealings as aforesaid and make and give unto the said J. F. his c. a just true and perfect Account in Writing of for and concerning all and every such Goods Wares Mony Debts and Merchandizes whatsoever as well of the said J.F. for his own proper use as joyntly with any other which shall hereafter come to the hands charge or factory of him the
third part in consideration of a Marriage then shortly after to take effect between him the said J. R. and me the said R. it appeareth that at the time of the making of the said Indenture it was intended concluded and agreed beetween him the laid J. R. and me the said R. that I the said R. or any other person or persons whom I should nominate and appoint notwithstanding the said Marriage should take effect should and might have full power and Authority to dispose of the sum of 500 l. of lawfull Mony of England and all benefit and profit thereof at all times ensuing the said Marriage and to that end intent and purpose he the said J. R. by the said Indenture did for himself his Executors and Administrators covenant promise grant and agree to and with the said R. C. A. B. C. D. and E. F. and every of them and with their and every of their Executors and Administrators that he the said J. R. 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 R. C. A. B. C. D. and E. F. or to the Survivor or Survivors of them or to the Executors Administrators or Assigns of such Survivor or Survivors the full sum of 500 l. of lawful Mony of England upon or before the 10th day of March c. if I the said R. R. should be living or the said 10th day of March or within six Months next after the decease of me the said R. R. or within one year next after the death of the said J. R. either of which shall first happen next after the date of the said Indenture to be imployed and disposed of to such person and persons and to such uses intent and purpose as I the said R. should at any times then following during my life order appoint give or dispose of the same And it was thereby further covenanted concluded and agreed on by and between all the said Parties to the said Indenture and the said J. R. did thereby for himself his Heirs Executors and Administrators and for every of them covenans promise and grant to and with the said R. C. A. B. C. D. and E. F. and every of them and to and with their and every of their Executors and Administrators that the said sum of 500 l. and every part thereof should and might from time to time be quietly had taken received and enjoyed unto and by such person or persons whom I the said R. should at any time during my life constitute order and appoint to dispose of the said 500 l. or any part thereof either by my last Will and Testament in writing or by any writing to be signed by me the said R. or to which my Mark should be put in the presence of two or more Credible Witnesses as in and by the said Indenture amongst other Covenants at large appeareth which Marriage since the making of the said Indenture was solemnized and no declaration has been yet made by me the said R. R. concerning the disposing of the said 500 l. or any part thereof Now this present Writing witnesseth and declareth that the intent and meaning of me the said R. R. concerning the said 500 l. when it shall become due and be paid is as followeth that is to say If my said Husband J. R. be then living and will become bound for himself his Heirs Executors and Administrators by three several Obligations of 200 l. apiece unto them the said R. C. A. B. C. D. and E. F. or the Survivor or Survivors of any of them or the Executors or Administrators of such Survivor or Survivors respectively and severally conditioned for the payment unto them of three several equal parts of the said 500 l. at the three such several and respective times or days as my three Children by my former Husband shall attain to the Ages next hereafter mentioned that is to say C. A. unto the age of twenty years and B. and C. A. shall attain or come their several ages of twenty one years That then the said R. C. A. B. C. D. and E. F. and the Survivor and Survivors of them shall upon such Obligations entred into as aforesaid quietly suffer him the said J. R. to keep in his hands the said 500 l. and every part thereof until such several days and times as the same shall be payable by the several Conditions of the said Obligations so to be entred into by him as afore said without paying any Interest or consideration for the same and the said 500 l. so payable by the said Obligations or Conditions of them and by me dispensed withall as aforesaid otherwise sooner payble by the said Indenture if my said Husband shall die viz. within one year 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 express declare and appoint if I shall not otherwise hereafter peclare and appoint that is to say that the said 500 l. and the whole proceed thereof not disposed of as aforesaid shall be to and for the use of my said three Children to be had and received by them severally when they shall have attained to their several Ages above-mentioned by such third parts as aforesaid Provided always and my meaning and intent is That if any of my said Children shall happen to die before they have attained to the Age above-mentioned then I do appoint that such third part of the said Five hundred pounds as was to have been paid to such Child at the Age aforesaid shall be paid and divided equally between the Survivors and if one only happen to survive then the two third parts allotted for the deceased to be paid to the Survivor And if all my said Children shall happen to die not having attained to their several Ages above-said then my last Will and meaning is That the said Five hundred pounds shall come and be paid to my Loving Husband aforesaid his Executors Administrators and Assigns if I shall not otherwise hereafter dispose of the same according to the power and authority to me reserved in and by the said recited Indenture In witness c. A Bargain and Sale of Under-wood THis Indenture made c. Between J. F. of c. and R. C. of c. Witnesseth That the said J.F. for and in Consideration of the Sum of 100 l. of lawful Mony of England wherewith he the said J.F. doth acknowledge himself to be fully satisfied and paid and thereof doth hereby acquit and discharge the said R. C. his Executors Administrators and Assigns Hath bargained and sold and by these presents doth bargain and sell unto the said R.C. all and singular Woods and Underwoods growing and being within the Wood called Broyl Wood and the Hedges of the same containing by estimation One hundred Acres be it more
and every part and parcel thereof with the Appurtenances unto the said J. F. and J. C. their Heirs and Assigns to the uses before mentioned and in manner and form aforesaid And also that the same Premisses and every part and parcel thereof with the Appurtenances now are and from thenceforth forever hereafter shall remain continue and be to the uses intents and purposes herein before mentioned free and clear and freely clearly and absolutely acquitted freed and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Joyntures Dowers Entails Estates Leases Rights Titles Rents Arreareges of Rents Issues Fines Amerciaments Judgments Statutes Recognizances Charges Troubles and Incumbrances whatsoever the Estate and Interest of the said M. D. in the said Farm and Premisses for and during the Term of her natural Life only excepted And that he the said W. P. shall not do or willingly suffer any Act or thing which may destroy or otherwise disturb or hinder the rising of the Contingent uses herein before limited or any of them And the the W. P. for himself his Heirs Executors Administrators and Assigns and for every of them doth further Covenant promise and grant to and with the said J. F. and J. C. their Heirs and Assigns by these presents That he the said W P. and all and every other person and persons whatsoever having or lawfully claiming or which shall or may at any time or times hereafter have or lawfully claim any Estate Right Title or interest of in or to the premisses hereby granted or mentioned to be granted or of in or to any part or parcel thereof other than the said M. D. and her Assigns for and in respect only of her Estate for her life therein shall and will from time to time and at all and every time and times hereafter within the space of Seven Years next ensuing the Date of this present Indenture at and upon the reasonable request of the said J. F. and J. C. their Heirs Executors or Administrators but at the proper Costs and Charges of the said W. P. his Heirs Executors or Administrators do make levy execu● acknowledge and suffer and cause to be don● made levied executed acknowledged and suffered all and every such further and other reasonable Act and Acts thing and things Assurances an● Conveyances in the Law whatsoever for the further better and more perfect assuring surety suremaking setling establishing and confirmation of the said Farm Lands Tenements Hereditaments and premises whatsoever hereby granted or mentioned to be granted with the Appurtenances unto the said J. F. and J. C. their Heirs and Assigns unto and for such and the same uses intents and purposes as the same premises are in and by these presents mentioned to be granted conveyed limited or setled as by the said J. F. and J. C. thier Heirs Executors or Administrators or their or any of their Council Learned in the Law shall be reasonably devised or advised and required Provided always and it is hereby covenanted granted concluded and agreed unto by and between all and every the said parties to these presents That if the said E. C. shall at any time after the death of the said W. P. Claim demand or sue for any Dower or thirds of in or out of any Lands Tenements or Hereditaments of the said W. P. or whereof he shall be seized at any time during the said intended Coverture That then and from thenceforth the Use and Estate herein before limited to the said E. C. shall cease determine and be utterly void to all intents and purposes any thing herein before contained to the contrary notwithstanding In Witness c. ●everal forms of expressing the Considerations of a Conveyance or Setling Estates For the Consideration of Mony part paid and part secured WItnesseth That the said R. C. as well for and in Consideration of the Sum of 2000 l. lawful Mony of England to him in hand paid ●efore the Ensealing and Delivery hereof by the ●●d C. R. the Receipt whereof he the said R. C. ●●h hereby acknowledge and thereof and of ●ry part and parcel thereof doth acquit and charge the said C. R. his Heirs Executors and ●dministrators by these presents As also for and 〈◊〉 Consideration of the Sum of 2000 l. more of 〈◊〉 lawful Mony of England by the said C. R. ●●●dred to be paid unto the said R C. his Execu●●●●●● and Administrators in manner and form fol●●wing That is to say the Sum of 500 l. part ●●●reof on the 10th day of December next ensuing 〈◊〉 the Sum of 1000 l. on the 10th day of Febru●●● next ensuing the date hereof and the Sum of ●0 l. l. residue thereof on or before the 10th day of ●●rch next ensuing the date of these Presents For the Consideration of barring an Estate Tail WHereas the said R. C. at the Ensealing and Delivery of these Presents is and and ●andeth seized of an Estate Tail to him and the Heirs Males of his Body with divers Remainders over of and in all c. hereafter in these Presents mentioned Now this Indenture witnesseth That for and in Consideration of the barring of the said Estate Tail and all the Remainders thereupon depending and for the setling of an absolute Estate of Inheritance in Feesimple in the said R. C. whereby he may be enabled to make a good and perfect assurance to such person or persons and their Heirs as have agreed or hereafter shall agree with him the said R. C. to Purchase the said c. A Covenant that R. C. shall suffer a Recovery For the Consideration of Love and Affection and preferment of Children WItnesseth That the said R. C. in Consideration of the natural love and affection which he beareth unto A. C. his Son and Heir apparent and for his advancement and present maintenance And to the end that the Daughters of the said R. C. may have convenient Portions to maintain and prefer them in Marriage and for the Establishing of the Mannors Lands Tenements and Hereditaments hereafter mentioned to such uses intents and purposes as are hereafter limited and appointed And for other good Causes and Considerations c. Or thus In Consideration of the great love and natural affection which he the said R. C. beareth unto A. C. Son and Heir apparent of the said R. C. and to the Heirs Male of the Body of the said A. C. and to the end intent and purpose that the Mannors Lands Tenements and Hereditaments hereafter mentioned shall and may continue in the stock bloud and kindred of the said R. C. c. Or thus As well for the advancement and preferment of the Heirs Male of the Body of the said R.C. lawfully to be begotten and for the better advancement and preferment of A. B. C. D. and E. F. the natural Brothers of the said R. C. And to the end that the Mannors c. hereafter mentioned may continue in the Names Blood and Kindred
Uses of a Recovery with single Voucher to be had THIS Indenture made c. Between R. C. of the one part and J. F. and F. J. of the other part witnesseth That it is covenanted concluded and agreed by and between the said parties to these presents And the said R. C. for himself the Heirs Executors and Administrators doth covenant grant and agree to and with the said J. F. and F. J. and their Heirs by these presents That he the said R. C. shall permit and suffer the said J. F. and F. J. to prosecut one Writ of Entry sur disseizin en le post against the said R. C. of and for all that c. with all and every the appurtenances by such name and names quantities and numbers of Acres and in such manner and form as shall be thought fit and expedient unto and in which Writ the said R. C. shall apear gratis and vouch over to warranty the Common Vouchee who shall likewise appear gratis and enter into the warranty and make default in contempt of the Court whereby one Recovery shall or may be had or suffered against the said R. C. of the said c. according to the usual course of Common Recoveries for the assurance of Lands and Tenements And it is further concluded and agreed by and between the said parties to these presents That the said Recovery shall be had and suffered as aforesaid before the end of Hillary Term next ensuing the date hereof And that the said Recovery and the execution thereof and the full force and effect of the same shall be and enure And that the said Recoverors and their Heirs immediately after the same and the Execution thereof had and made shall stand and be seized of the said Mannor Messuages Lands and Premisses to the uses intents and purposes hereafter-mentioned that is to say To the use of c. The Introduction of the Uses on a Recovery with single Voucher already had THIS Indenture made c. Between R. C. of the one part and J. F. and F. J. of the other part Whereas the said J. F. and F. J. did on Michaelmas Term last past before the date hereof upon a Writ of Entry sur disseisin en le post before the Justices of Their Majesty's Court of Common Pleas at Westminster recover by Common Recovery against the said R. C. one Messuage c. setting down the particulars and the Reversion and Reversions Remainder and Remainders of all and singular the premisses and of all and every part and parcel thereof by the name of c. as in the Recovery in which Recovery the said R. C. did vouch to Warranty the Common Vouchee whereby a good and perfect Common Recovery with single Voucher of the said c. according to the usual form of Common Recoveries was had and executed against the said R. C. and his Heirs as by the Record thereof remaining in the said Court of Common Pleas it doth more at large appear Now this Indenture witnesseth and it is hereby declared That the true intent and meaning of all the parties to the said Recovery and to these Presents was before and at the time of the said Recovery and yet is for touching and concerning the said c. and every part thereof whereof the said Recovery was had and executed as aforesaid That the said Recovery and the execution thereof should and shall be and enure and be construed judged and taken to be and enure That the said Recoverors and their Heirs should and shall stand and be seized of the said c. and of every part and parcel thereof with the appurtenances to the uses intents and purposes hereafter in these presents set down expressed and declared and to no other use intent or purpose whatsoever that is to say to the use of c. The Introduction of the Uses on a Feoffment THIS Indenture c. Between R.C. of the one part and J. F. and F. J. of the other part witnesseth That the said R. C. for and in consideration of a Marriage c. and for settlement in the name c. Hath granted aliened enfeoffed released and confirmed and doth by these presents grant alien enfeoff release and confirm unto the said J. F. and F. J. their Heirs and Assigns for ever all that c. and the Reversion and Reversions Remainder and Remainders thereof and of every part thereof and all and every the Rent or Rents thereupon reserved due or payable or upon any part thereof To have and to hold the said c. unto the said J. F. and F. J. their Heirs and Assigns for ever to the several uses intents and purposes and under the several Proviso's Conditions and Limitations hereafter in and by these presents expressed limited and declared and to or for no other use intent or purpose whatsoever that is to say c. A Bargain and Sale for six Months to ground a Release of the Reversion THIS Indenture made c. Between R. C. of the one part and J. F. and F. J. of the other part witnesseth That the said R. C. for and in consideration of five shillings of lawful Mony of England to him in hand paid before the sealing and delivery hereof the receipt whereof he the said R. C. doth hereby acknowledge and thereof and of every part thereof doth acquit and discharge them the said J. F. and F. J. their Executors and Administrators by these presents Hath granted bargained and sold and by these presents doth grant bargain and sell unto the said J. F. and F. J. their Executors and Assigns all that c. and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof together with all Rents and Services reserved upon all or any Lease or Leases of the premisses or any part or parcel thereof To have and to hold the said c. and all and singular other the premisses herein before-mentioned and intented to be hereby granted bargained and sold with their and every of their appurtenances unto the said J. F. and F. J. their Executors Administrators and Assigns from the day of the date hereof for and during the full end and term of six Months from thence next ensuing and fully to be compleat and ended To the end that by virtue of these presents and of the Statute of transferring uses into possession the said J. F. and F. J. may be in the actual possession of the Premisses and be enabled to take and accept of a Grant and Release of the same to them the said J. F. and F. J. their Heirs and Assigns for ever In witness c. The Release and Grant of the Reversion and the Introduction of the Uses THIS Indenture made c. Between R. C. of the one part and J. F. and F. J. of the other part Whereas the said R. C. by Indenture bearing date c. this must be dated a day or two after the Lease for the Consideration
aforesaid or by any other ways or means whatsoever as by the said R. C. his Heirs or Assigns or by his or their Counsel Learned in the Law shall be reasonably devised advised or required so as the said J. F. his c. or such other person or persons who shall be required to make such farther Assurance be not compelled travel farther than the Cities of London and Westminster or either of them in or about the making thereof And lastly It is covenanted granted concluded condescended to and agreed by and between the said Parties to these Presents for them their Heirs and Assigns by these Presents that all Fines Feoffments Recoveries and Assurances in the Law whatsoever hereafter to be had made levied acknowledged suffered or done by or between the said Parties to these Presents or any of them of for touching or concerning the said c. and all the said singular other the hereby before granted Premisses with their Rights Members and Appurtenances and every or any part thereof shall be and enure and shall be construed esteemed and judged and taken to be and enure to the only proper use and behoof of the said R. C. his Heirs and Assigns forever and to no other use intent or purpose whatsoever In witness c. A Grant of an Annuity or Rent for years THIS Indenture made c. Between J. F. of c. of the one part and R. C. of c. of the other part witnesseth That the said J. F. for and in consideration of the Sum of 100 l. of lawful Mony of England to him paid by the said R. C. before the ensealing and delivery hereof the receipt whereof he doth hereby acknowledge and thereof doth by these Presents for ever acquit and discharge the said R. C. his Executors Administrators and Assigns Hath given granted and confirmed and by these Presents doth give grant and confirm for him and his Heirs unto the said R. C. his Executors and Assigns one Annuity or yearly Rent-charge of 40 l. of lawful Mony of England to be issuing and going out of all those Lands c. with their and every of their Appurtenances in B. in the County of C. To have and to hold perceive receive and take the said Annuity or yearly Rent-charge of c. unto the said R. C. his Executors and Assigns from the day of the date of these Presents for and during the full term of 20 years now next ensuing and fully to by compleat and ended To be paid at the four most usuall Feasts or Terms in the year That is to say at the Feast of c. by even and equal Portions And the said J. F. for himself his Heirs Executors and Assigns and for every of them doth covenant promise and grant to and with the said R. C. his Heirs and Assigns that if the said yearly Rent of c. shall happen to be behind and unpaid in part or in all for the space of 10 days after any of the days before limited for the payment thereof being lawfully demanded That then he the said J. F. his c. shall forfeit and pay to the said R. C. his Executors or Assigns the Sum of 40 s. for every failure of payments of the said Annuity or Rent charge on the said days before appointed for the payment of the same And also that it shall and may be lawful to and for the said R. C. his Executors and Assigns from time to time from and after the said Feast days appointed for payment of the said Annuity or Rent-charge if the same be not then paid to enter into and upon the c. and distrain as well for the said yearly Rents as for the said Sum of Sums of Mony which shall happen to be forfeited in manner and from aforesaid And the said J. F. for himself his c. doth covenant promise and agree to and with the said R. C. his Executors and Assigns that he the said J. F. at the time of the enseaing and delivery of these Presents is solely rightfully and absolutely seized in his Demesne as of Fee to his own proper use and behoof without any manner of consideration limitation of any use or uses to alter change or determin the same of and in the said c. and all other the premisses above-named with their Appurtenances and of every part and parcel thereof And that he now hath full Power and lawful Authority to charge all the said Premisses with the Appurtenances and every part thereof with the said Annuity or yearly Rent of c. in manner and form aforesaid and also that the said c. and all other the Premisses now are and at all times during the said 20 years shall remain continue and be liable if the said R. C. shall so long live to the distress and distresses of the said R. C. his Executors or Assigns as the case shall require for and concerning the said yearly Rent or Penalties in these Presents before mentioned And the said J. F. for himself c. That he the said J. F. his Executors or Assigns shall and will from time to time and at all times during the space or 4 years next ensuing the date hereof at the reasonable request and at the costs and charges in the Law of the said R. C. his Executors or Assigns make acknowledge and do or cause to be made acknowledged and done all and every such further reasonable and lawful act and acts thing and things device and devices in the Law whatsoever for the farther more perfect and better assurance and conveyance of the said Annuity or yearly Rent-charge of c. to the said R. C. his Executors or Assigns for and during the said Term of 20 years if the said R. C. do so long live according to the true intent and meaning of these Presents as by the said R. C. his Executors or Assigns or his their Counsel learned in the Law shall be reasonably devised advised or required In witness whereof the said J. F. hath given and delivered unto the said R. C. 5 s. of lawful Mony of England in the name of seizin of the aforesaid Annuity or yearly Rent-charge of c. before mentioned And also he the said J. F. and R. C. have hereto interchargably set their Hand and Seals the day and year first above witten A Conveyance of Land to use of a Mans Heirs the Profits during their Minority to pay Debts THIS Indenture made c. Between J. F. of the one part and R. C. C. R. and D. C. of the other part witnesseth That the said J. F. for and in consideration of the love and affection which he beareth towards A B. and his three Sons and for the advancement of the Heirs Male of the Body of the said J. F. lawfully to be begotten and for divers other considerations herein mentioned Hath given granted enfeoffed and confirmed And by these Presents doth give grant enfeoff and confirm unto the
Statute be an Administrator to two Creditors THis Indenture c. Between R. C. of c. Administrator of the Goods and Chattels of C. R. late of c. of the one part And J. F. of c. and F. J. of c. of the other part Whereas the said C. R. at the time of his death stood indebted unto the said J. F. in the Sum of 200 l. Principal Mony and to the said F. J. in the Sum of 400 l. Principal Mony besides Interest for each of the said Debts And whereas J. V. of c. in and by one Recognizance or Statute in the nature of a Stature Staple bearing date the tenth day of March in the first year of the Reign of c. and taken and acknowledged before Sir H. B. Knight then Lord Chief Justice of his Majesty's Court of Common Pleas at Westminster is and standeth bound unto the said C. R. in the Sum of c. of lawful Mony of England payable at the Feast of St. Michael the Arch-Angel then next ensuing as by the said Statute more at large appeareth Now this Indenture witnesseth That the said R. C. for and toward the payment and satisfaction of the said Debts due to the said J. F. and F. J. Hath given granted assigned and set over unto the said J. F. and F. J. their Executors Administrators and Assigns the said Recognizance or Statute and all his right and interest therein and all Actions Extents and Executions to be had or prosecuted upon the same in as large and ample manner and form as he the said R. C. hath or at any time hereafter may or might have by force of the said Statute And further the said R. C. doth by these presents constittute authorise and make the said J. F. and F. J. his true irrevocabl lawful Attorney and Attorneys jointly and severally to sue and prosecute all manner of Actions Suits Demands and Executions in and upon the said Statute or Recognizance in the name of the said R. C. his Executors or Administrators and to receive and recover the said Sum of c. in the said Statute mentioned and all other Sum and Sums of Mony benefit and advantage which shall or may lawfully be had or gotten upon the said Statute or Recognizance Authorizing them and every of them by these presents to retain such Counsellers and Attorneys for the executing of the said Suits Extents and Executions as shall be requisite and necessary And to Execute all and every other lawful Act and Acts whatsoever which shall be meet and expedient in and about the Premisses And the said R. C. doth for himself his Executors and Administrators covenant promise and grant to and with the said J. F. and F. J. their and every of their Executors and Administrators that he the said R. C. his Executors and Administrators shall and will permit suffer justifie allow and maintain all such lawful Actions Suits Extents and Executions as the said J. F. and F. J. or any of them their Executors Administrators or assigns shall and will sue or prosecute for the levying taking and receiving of the said Sum of c. contained in the said Statute in the name of the said R. C. his Executors or Administrators And that all Sums of Mony Recoveries and Executions to be had and obtained upon the same by any Suit Action or Execution or otherwise shall be to the only use of the said J. F. and F. J. their c. to be divided between them proportionably according to their several Debts in as large and ample manner and form as the said R. C. might have had the same And that he the said R. C. hath not neither shall or will he his Executors Administrators or Assigns at any time hereafter release or discharge the said Debt contained in the said Statute nor any Action Extent or Execution to be had upon the same nor do any other Act in prejudice of the same And further that he the said R. C. his Executors and Administrators shall at any time during the space of three years next after such time as the said Statute shall be executed by way of Extent make or cause to be made to the said J. F. and F. J. their Executors Administrators or Assigns to the only use and be hoof of them the said J. F. and F. J. on request to be made by and at the costs and charges in the Law of them the said J. F. and F. J. their Executors Administrators and Assigns such assurance and conveyance of the Land which shall be extended and put in Execution upon the said Statute as shall be reasonably devised by the said J. F. and F. J. or either of them their Executors Administrators or Assigns or their or any of their Counsel learned in the Law discharged of all Incumbrances by the said R. C. his c. In witness c. A Penal Bill for payment of Mony KNow all men by these presents That I R. C. of c. do owe unto J. F. of D. aforesaid Gent. ten pounds of lawful Mony of England to be paid unto the said J. F. his Executors Administrators or Assigns on the tenth day of March next ensuing the date hereof to which payment well and truly to be made I bind my self my Heirs Executors and Administrators in 20 l. of like lawful Mony firmly by these Presents In witness whereof I have hereunto set my Hand and Seal this twenty eighth day of November Annoque Domini 1699. An Acquittance for part of Purchase Mony REceived by me J. F. the day and year above written the Sum of 130 l. of lawful Mony of England in part of the 500 l. of like Mony of England agreed to be paid for the Purchase of certain Lands in C. in the County S. according to certain Articles of Agreement Indented bearing date c. made between c. In witness c. A Warrant to Summon a Copyhold Court of the Mannor of N. WHereas I have received directions from Sr. R. C. Knight to hold a Court Baron for his Mannor of N. within c. These are to let you know that I have appointed the tenth day of March next being Thursday for the holding of the said Court at the House of T. B. Yeoman And therefore do hereby require you to give notice of the same unto all Suiters and Tenants of the said Mannor and to warn and require them and every of them to be there and then present by nine of the clock in the Morning And that also at the time and place aforesaid you return a Jury of the Suiters and Tenants of the said Mannor to enquire of such Matters as shall by me be given them in charge And hereof c. given under my Hand and Seal c. A Bill of Credit THis present Writing witnesseth That I R. C. of London Merchant do undertake to and with J. F. of the City of C. Merchant his Executors and Administrators that if
Life Then the said J. P. and W. T. their Executors or Administrators shall and will within three Months next after such the death of the said M.B. at the place aforesaid well and truly pay or cause to be paid unto the said C. B his Executors or Administrators the said 1000 l. together with so much Mony as shall or may be grown due for the Interest or Forbearance of the said 1000 l. after the rate by Law allowed from such of the said four Feasts aforesaid as shall happen next before the death of the said M. B. until such payment of the said 1000 l. And the said J. P. and W. T. do joyntly and severally for them and either of themselves their and either of their Heirs Executors and Administrators covenant and grant to and with the said M. B. her Executors and Administrators by these presents That they the said J. P. and W. T. their Executors or Administrators yearly and every year during the Life of the said M. B. or until the Sealing and Executing such conveyance and Assurance as aforesaid shall and will at the Place aforesaid well and truly pay or cause to be paid unto the said M. B. or her Assigns 40 l. of lawful Mony of England at the four Feasts aforesaid by equal portions the first payment to begin and be made at the Feast of the Birth of our Lord next coming Provided always That if the said J. P. and W. T. their Executors or Administrators the said C. B. his Executors or Administrators and the said M. B. having Notice by the space of three months before do or shall at any time during the Life of the said M. B. at the place aforesaid pay or cause to be paid unto the said C.B. his Executors or Administrators and the said M.B. the said Sum of 1000 l. by such part shares and proportions as they shall by Writing under their Hands and Seals direct and appoint with so much of the said yearly Sums of twenty pounds and Forty pounds as shall be then respectively unpaid unto the said C. B. and M. B. ratably and proportionably for the time the same shall be arrear That then and from thenceforth and at all times after this present Indenture and all and every Covenant Clause and Article therein contained shall cease and become void Any thing herein contained to the contrary notwithstanding In witness c. Covenants about assigning a Stock in the East-India Company THis Indenture c. made between A. B. of the one part and C. D. of the other part Witnesseth That in consideration of three Guinea's to the said A. B. by the said C. D. in hand paid at and before the sealing and delivery hereof the Receipt whereof the said A. B. doth hereby acknowledge The said A. B. doth hereby covenant promise and agree to and with the said C. D. his Executors Administrators and Assigns That if the said C. D. his Executors Administrators or Assigns shall transfer or cause to be transferred One hundred pounds Credit of the General Joint-Stock of the Governour and Company of the Merchants of London Trading to the East-Indies to the said A. B. his Executors Administrators or Assigns at any time on or before the 19th day of September now next following And thereof shall give Notice or Warning in Writing at the now Dwelling-house of the said A.B. situate in Cheapside London three days at the least before such Transfer of the said One hundred pounds Credit That then the said A. B. his Executors Administrators or Assigns shall and will accept the said One hundred pounds Credit and also shall and will well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns for the same at the time of such Transferring thereof as aforesaid the full Sum of Seventy five pounds of lawful mony of England together with all such Sum and Sums of mony as shall after the date hereof and before such Transfer become due or payable into the said Joint Stock on account of the said One hundred pounds Credit by virtue of any Order of a General Court or Court of Committee that shall hereafter be made Then and in such case all Dividends and Profits that shall after the date hereof and before such Transfer be Voted Ordered made arise or happen on or in respect of the said One hundred pounds Credit shall be and remain to the said A. B. his Executors Administrators and Assigns and be deducted out of the said Seventy five pounds so as aforesaid to be paid to the said C. D. his Executors Administrators or Assigns But if the said C. D. his Executors Administrators or Assigns shall not Transfer or cause to be Transferred unto the said A. B. his Executors Administrators or Assigns the said One hundred pounds Credit as aforesaid within the time aforesaid then this Indenture to be void and of none effect and the said three Guinea's to remain to the said A. B. his Executors and Administrators for ever In witness c. Such Necessary Articles of Agreement between four Joint-Executors as ought to be made between them for the better Execution of the Will Articles of Agreement quadripartite indented had made concluded and agreed upon c. between W. C. of c. of the first part A. C. of c. of the second part W. L. of c. of the third part and T.D. of c. of the fourth part as followeth WHereas R. P. late of W. in the County of S. Yeoman the 20th day of May last past before the date of these Presents made his last Will and Testament in writting and thereby did make and appoint the said W.C. A. G. W. L and T. D. Executors of his last Will and shortly after the making thereof died as by the said Will may appear Now for the better Execution of the said Will it is covenanted and agreed between the said Executors in manner and form following that is to say First the said W. C. doth for himself his Heirs Executors and Administrators covenant promise grant and agree to and with the said A. C. W. L. and T. D. their Executors and Administrators by these presents that the said W. C. shall not nor will not acquit release or discharge any Debt Duty or sum of mony due unto the said R. P. in his Life time nor any Debt Duty or Sum of Mony due unto the said W. C. A. C. W. L. and T. D. by reason or means of the Execution of the last Will and Testament of the said R. P. nor acquit release discharge discontinue or otherwise adnul any Suit Action Cause Plaint or other Legal Proceeding to be by them brought prosecuted or commenced for any matter cause or thing whatsoever touching the execution of the last Will and Testament of the said R. P. without the special license and consent of the said A. C. W. L. and T. D. the survivors and survivor of them therein or thereto
one Messuage and 16 Acres of Land with the appurtenances in the Parish of B. within the Mannor aforesaid To have and to hold unto the said H. E. and his Assigns for term of his Life immediately after the death or other forfeiture of the Estate of J. P who holdeth the premisses for the term of his Life and after the death of them the said J. P. and H.E. To have and to hold the premisses aforesaid with the appurtenances unto the said T. and his Assigns for and during the term of his Natural Life by Copy of Court-Roll at the Will of the Lord according to the Custom of the Mannor aforesaid in Trust to surrender the same Premisses at the request of the said G. S. and to such uses as he shall direct Now this Indenture witnesseth that the said H. E. doth for himself his Executors and Administrators covenant and grant to and with the said G. S. his Executors and Administrators by these presents That he the said H. E. shall and will upon the request and at the cost and charges of the said G. S. his Executors or Administrators surrender into the hands of the Lord of the Mannor aforesaid the said Messuage and Premisses with the appurtenances and all his Estate and Interest therein in such manner and to such use and uses as the said G. S. his Executors or Administrators shall direct or appoint And in the mean time until such Surrender as aforesaid shall and will permit and suffer the said G. S. his Executors and Administrators peaceably and quietly to have hold and enjoy the said Messuage and Premisses with the appurtenances and the Rents Issues and Profits thereof to receive and take up to and for his and their own use without any let or interruption of or by the said H. E. his Executors Admistrators or Assigns And the said T. B. doth for himself his Executors and Administrators covenant and grant to and with the said G. S. his Executors and Administrators by these presents That he the said T. B. shall and will upon the request and at the costs and charges of the said G. S his Executors or Administrators surrender into the hands of the Lord of the Mannor aforesaid the said Messuage and Premisses with the appurtenances and all his Estate and Interest therein in such manner and to such use and uses as the said G. S. his Executors or Administrators shall direct or appoint And in the mean time until such Surrender as aforesaid shall and will permit and suffer the said G. S. his Executors and Administrators peaceably and quietly to have hold and enjoy the said Messuage and Premisses with the appurtenances and the Rents Issues and Profits thereof to receive and take up to and for his and their own use without any let or interruption of or by the said T. B. his Executors Administrators or Assigns And because it is uncertain whether the said Premisses be Heriotable or not The said G. S. doth for himself his Executors and Administrators covenant and grant to and with the said H. E. his Executors and Administrators by these presents That he the said G. S. his Executors or Administrators shall and will upon the request of the Executors or Administrators of the said H. E. well and truly pay or cause to be paid unto the said Executors or Administrators of the said H. so much mony as any Beast which shall be taken or seized for or in the Name of a Heriot for the said Premisses upon the death of the said H. E shall be worth at the time of such taking And the said G. S. doth for himself his Executors and Administrators covenant and grant to and with the said T. B. his Executors and Administrators by these presents That he the said G. S. his Executors or Administrators shall and will upon the request of the Executors or Administrators of the said T. B. well and truly pay or cause to be paid unto the said Executors or Administrators of the said T. so much Mony as any Beast which shall be taken or seized for or in the Name of a Heriot for the said Premisses upon the death of the said T. B. shall be worth at the time of such taking In witness c. Articles for purchasing of a Messuage with a Covenant That the Grantor shall pay the Charge which the Grantee shall expend in ejecting the Tenant in possession Articles of Agreement Indented had made concluded and agreed upon c. Between A. P. of c. in the County of S. Widow of the one part and T. A. of c. Gent. of the other part viz. FIrst The said A. P. for and in consideration of 5 s. of lawful Mony of England to her in hand paid by the said T. A. and of 270 l. and 15 s. of like lawful Mony to be paid in such manner as is after herein mentioned doth covenant promise grant and agree for her self her Heirs Executors and Administrators to and with the said T. A. his Heirs and Assigns by these presents That she the said A. P. or her Heirs shall and will before the 25th day of December next ensuing the date hereof at the costs and charges in the Law of the said T. A. his Heirs or Assigns by good and sufficient conveyance and assurance in the Law well and sufficiently executed convey and assure or cause to be conveyed and assured unto the said T. A. and his Heirs aforesaid all that Messuage or Tenement c. with their appurtenances situate lying and being in c. now in the occupation of R. P Gent. with Covenants and Warranty in such conveyance and assurance to be comprized That the said T. A. his Heirs and Assigns shall hold and enjoy for ever the said Messuage or Tenement and Premisses with the appurtenances against the said A.P. and her Heirs and without any let trouble interruption or contradiction of or by the said A. P. or T. G. or G. G. Son of J. G. Father of the said A. P their Heirs or Assigns or any of them or any other person or persons claiming in by from or under her them or any of them And for being discharged or saved harmless of and from all Jointures Dowers and Titles of Dower Charges Titles Troubles Burthens and Incumbrances whatsoever had commited done or suffered or to be had committed or done by the said A.P. T.G. J.G. G.G. or either of them their or either of their Heirs or Assigns And for making any further lawful and reasonable assurance in the Law at the costs and charges of the said T. A. as shall be reasonably advised or devised by the said T. A. his Heirs or Assigns or by his or their Council learned in the Laws during the space of c. next ensuing the date of such Conveyance so to be made with all other fit and reasonable Covenants to be comprised in such Conveyance and Assurance Item The said A. P. doth further Covenant c. That
and with the said R. H. his Executors and Administrators by these presents That he the said W. C. his Executors or Administrators for the said Wheat so to be delivered as aforesaid shall and will at the Corn Market-house aforesaid well and truly pay or cause to be paid unto the said R. H. his Executors or Administrators 20 l. 16 s. of lawful Mony of England in manner and form following that is to say eight shillings Weekly upon Saturday in every Week until the said 20 l. 16 s. shall be fully satisfied and paid The first payment thereof to begin and be made upon the aforesaid third day of October next coming In witness c. Covenants for Repairing the Steeple of a Cathedral Church THis Indenture made c. between H. R. of c. of the one part and H. E. of c. of the other part Whereas the Steeple of the said Cathedral Church aforesaid is much decayed and many cracks and clefts are therein and much of the Morter and divers of the Stones and iron-work thereof are moltered wasted and consumed by Age and Tempest Now this Indenture witnesseth That the said H. R. for and in consideration of 23 l. to be paid in such manner as is herein after mentioned doth for himself his Executors and Administrators convenant and grant to and with the said H. E. his Executors and Administrators by these presents That he the said H. R. before the first day of August next coming will repair the said Steeple as followeth viz. That he the said H. R. shall and will take down the Weathercock being upon the top of the said Steeple and amend repair and make sufficient all the iron-work which is or hath been about the top of the said Steeple for the bearing the said Cock. And also shall and will well sufficiently and artificially put hang up and fasten perpendicularly and geometrically and aptly to be turned with every Wind upon such repaired iron-Work on the top of the said Steeple the said Weather-cock or some other Cock or Fan as the said H. E. or his Assigns shall appoint And also that he the said H. R. shall and will well sufficiently and artificially scrape off and do away all the Moss growing or being upon the said Steeple And shall and will take out all Stones in the said Steeple being loose broken crackt or decayed and in the places thereof shall well and artificially set and put in other good and sound Stones and them shall strongly clamp in with Iron and Lead and shall also with fit Stones and other materials well sufficiently and perfectly fill up all the rifts cracks clefts and holes in the said Steeple and new clamp them with Iron and Lead And shall also with good fit strong and durable Morter well substantially and prefectly new point all the outside of the said Steeple with the Garlands thereof And likewise new point the inside of the said Steeple where any need requires And when the said Steeple shall so be repaired as aforesaid he the said H. R. shall and will remove and take down into the Church-yard near the said Church all the Scaffolds Ladders and other implements used about the work aforesaid And the said H. E. doth for himself his Executors and Administrators covenant and grant to and with the said H. R. his Executors and Administrators by these presents That he the said H. E. his Executors or Administrators shall and will well and truly pay or cause to paid unto the said H. R. or his Assigns for the repairing of the said Steeple as aforesaid to be done and performed the aforesaid 23. l. in manner following that is so say 2 l. thereof when the Weathercock aforesaid shall be taken down 10 l. more thereof when the Fowre of the squares or sides of the said Steeple shall be so repaired and amended as aforesaid from the top to the bottom and 11 l. residue thereof when all the said reparations and works shall be wholly done and finished in all things according to the true intent and meaning of these presents And also that he the said H. E. or his Assigns at the costs of the said H. E. shall and will from time to time upon reasonable warning at the costs of the said H. E. find and provide near the Cathedral Church aforesaid such Lime Sand Stones Iron Lead and other Materials as shall be needful and necessary to be used and imployed in or about the repairing the said Steeple as aforesaid except Scaffolds and the materials thereof And also that the said H. R. and his Servants and Labourers shall and may in and about the work aforesaid have the use of all or any the Ladders belonging to the Cathedral Church aforesaid An Agreement of Copartnership between two Salesmen with necessary Covenants THis Indenture made c. between R. C. of the one part and C. R. of the other part Whereas the said C. R. is possessed by Lease for divers years yet to come of and in all that Messuage or Tenement with the appurtenances called or known by the name of the Queen's Head situate and being in c. now in the occupation of the said R. C. And whereas the said Parties are agreed to be Copartners in the Art or Trade of a Salesman and in buying and selling of Apparel and other things belonging to the said Trade Now this Indenture witnesseth That the said R.C. for himself his Executors Administrators and Assings doth covenant promise grant and agree to and with the said C. R. his Executors Administrators and Assigns by these presents That he the said C. R. shall have hold and enjoy the several Rooms hereafter mentioned being part and parcel of the said Messuage that is to say c. and also free liberty of ingress egress and regress to and from the said Rooms and Premisses at all convenient and seasonable times for the term of five years to commence from the Feast day of c. next ensuing the date of these Presents yielding and paying therefore yearly unto the said R.C. his Executors Administrators and Assigns the yearly Rent or sum of 13 l. of lawful Mony of England at the four most usual Feasts or Terms of the year that is to say c. by even and equal portions And the said C. R. for himself his Executors and Administrators doth covenant and grant to and with the said R. C. his Executors and Administrators by these presents that he the said C. R. shall and will from time to time during the said term of five years permit and suffer the said R. C. and all those of whom he holdeth the said Messuage their Heirs Executors and Assigns with Workmen to enter and come into and upon the several Rooms aforesaid to view search and see the estate of the same And this Indenture further witnesseth That the said R. C. and C. R. for the good liking and opinion and special trust and confidence which each of them hath
except such of them as were trusted by the said deceased party without the consent of the party surviving And in consideration thereof the said Survivor his Executors or Administrators shall pay or cause to be paid to the Executors or Administrators of the person so first dying at the Shop aforesaid so much lawful Mony of England as the part and share of the party deceasing of and in all the said Debts that shall be then owing to the said joynt Trade that were accounted good and recoverable Debts and of and in all the Goods Monies and Wares of the said joint Trade did or shall clearly come and amount unto by and upon the said yearly account made between the said parties next before such decease the Debts owing by the said Joint Stock being allowed for and deducted out of the said whole Estate the same Monies to be paid to the Executors or Administrators of the deceased party as followeth That is to say one third part thereof at the end of four Months next after such decease one other third part thereof at the end of six Months next after such decease and the remaining third part thereof at the end of eight Months next afuer such decease And that the said Survivor his Executors or Administrators shall and will within fourteen days next after such decease of the other of them the said parties become bound in one Bond or Obligation with sufficient Sureties to the Executors or Administrators of the person so first dying as well for the true payment of the said three several Sums in manner and form aforesaid as also for the saving harmless and keeping indempnified the Executors and Administrators Lands Tenements Goods and Chattels of the said first deceasing party of and from all and every the Debts and Duties which were jointly owing by them the said parties at the time of such decease of for and concerning the said joint Trade and of and from all Accounts Suits Judgments and Demands for touching or concerning the same In consideration whereof the Executors or Administrators of the said deceased party shall upon receipts of the said security sufficiently and in due form of Law release unto the said Survivor his Executors and Administrators all the part share right title interest claim and demand whatsoever which they the said Executors and Administrators of the said deceased party and every or any of them have or hath or may can might should or ought to have in to or out of all and every or any of the Stock Estate Money Goods Wares and Debts which were in or belonging to the said Joint-trade or Copartnership at the decease of the Party so first dying or at any time before except such Debts as were accounted desperate which by the Agreement of both the said Parties to these Presents for them their Excutors and Administrators are to be equally divided between the Suvivor and the Executors and Administrators of the deceased party as they or any of them shall be recived or gotten in And it is further covenanted and agreed by and between the said Parties to these presents That if either of the said Parties shall happen to depart this life before any yearly Accounts shall happen to be made between the said Parties touching the said Joint-trade That then the surviving Party his Executors and Administrators shall have and take to his and their own use and behoof all the Goods Wares Monies Debts and other Estate whatsoever in or belonging to the said Joint-trade at the time of such decease and shall satisfie the Debts jointly owing by the said Parties as aforesaid at the time of such decease and shall truly pay unto the Executors or Administrators of the first deceased Party within one year then next ensuing so much lawful English Mony as the Stock that then shall be brought into the said Joint-trade by the party so deceasing did come and amount unto and that such Security shall be given for the same and for the saving harmless of the Executors and Administrators of the deceased Party of and from the Debts and Duties jointly owing by the said Parties as aforesaid as is above mentioned to be given for the like purposes in case the decease of the party so first dying shall happen after the making a yearly Account as aforesaid And that then also the like Release shall be made and given by the Execuctors or Administrators of the first deceasing Party to the Surving Party his Executors or Administrators as is above mentioned And the said R. C. for himself his Executors and Administrators doth covenant and grant to and with the said C. R. his Executors and Administrators by these presents That if he the said R. C. shall happen to decease within the said Term of four years that then the Executors or Administrators of the said R. C. shall within fourteen days next after his decease demise and grant unto the said C. R. if he shall then be living his Executors and Administrators all the said Messuage or Tenement above mentioned for and during the then residue of the said Term of five years at for and under the yearly Rent of 30 l. of lawful Mony of England to be by the said demise reserved quarterly to be paid and with such Covenants on the part and behalf of the said C. R. his Executors Administrators and Assigns to be parformed and kept in the said Demise to be inserted as are contained in the Lease whereby the said R. C. holdeth the same so that the said C. R. do upon the Sealing and Delivery of the said Lease seal and deliver the Counterpart thereof as his Act and Deed unto the Lessor or Lessors therein named And it is covenanted concluded and agreed by and between the said Parties to these presents for them their Executors and Administrators That if any variance strife difference or controvesie shall at any time hereafter during the said Copartnership or at the end thereof happen to grow arise or be between the said Parties to these presents their Executors or Administrators or any of them upon touching or concerning their said Joint-trade or any their Buyings Sellings Accounts matters or things relating thereupon or for or touching any Covenant matter or thing in these presents contained That then and so often they the said parties to these presents their Executors and Administrators shall upon reasonable request made by either or any of them unto the other of them before any Suit shall be commenced for or touching the same elect name and chuse two indifferent persons to hear and determine the same differences and matters of difference one of which Arbitrators the said R. C. his Executors or Administrators shall chuse and name And the other of the said Arbitrators the said C. R. his Executors or Administrators shall chuse and name And that each of the said parties his Executors and Administrators shall respectively stand to and abide perform and keep such award order determination and
to a Wife THE Condition c. That if a Marriage intended to be solempnized between the above bound R. C. and R. C. Daughter c. shall take effect And if after the said Marriage it doth happen that the said R. C. doth survive him the said R. C. And if he the said R. C. shall before his decease convey and assure to her the said R. C. two full parts of all such Goods and Chattels as he now hath or hereafter shall have during the Coverture the same into three parts to be divided And shall also assure and convey two full parts of all such Lands and Tenements as he the said R. C. shall be or is now possessed of in his own right of any Estate whatsoever the same into three parts to be divided so that the said two parts of all such Lands and Tenements be conveyed and assured to them the said R. C. and R. C. and the Heirs of their two Bodies and for lack of such Issue to the Heirs of her the said R. C. for ever and not otherwise That then c. A Condition that the Husband shall not sell a House and Goods nor any part thereof whereof the Wife was seised before Marriage during the Coverture and to leave the same discharged of Incumbrances if the Wife-survive THE Condition c. That whereas there is an Agreement made between the above bound R. C. and C. R. of c. Widow for a Marriage to be had and solemnized between them two And whereas the said C. by virtue of one Indenture of Lease bearing date c. made by one J. F. to her the said C. is possessed of one Messuage c. with the Appurtenances in A. for all the residue of the Term of 21 years c. to come in the said Indenture mentioned And is also possessed of certain Plate Jewels and House-holdstuff in the said Messuage now being If therefore at any time after the said Marriage and during the Natural Life of the said C. the said R. C. doth not alien sell bargain grant forfeit mortgage or incumber the said Messuage c. nor do remove convey or carry away or cause to be conveyed removed or carried away any of the Plate c. from or out of the said Messuage nor bargain sell change or alter the property of any part thereof without the consent of the said C. And if it happen that the said C. do survive him the said R. C. if then also he the said R. C. do leave the Interest in the said Lease of the said Messuage c. and all the Plate c. which shall then remain unsold or unaliened by the consent of the said C. free from all bargains sales or incumbrance by him done made or procured to her the said C. her Executors and Assigns so that she and they may lawfully peaceably and quietly have hold possess and enjoy the same without any lett suit trouble claim or demand from any person or persons whatsoever from and immediately after the decease of the said R. C. That then c. A Condition to make one Free THE Condition c. That if the above bound R. C. his Executors Administrators or Assigns do and shall within one year next ensuing the date hereof upon reasonable request to him or them to be made by the above named C. R. cause and procure the said C. to be lawfully and orderly according to the Custom of the City of L. admitted into the Liberty and Freedom of the same City without any manner of fraud or covin at the only costs and charges of him the said C. R. so always that the said C. R. shall not be lawfully hindred thereof by reason of any Act or thing to be done hereafter by the said C. R. That then c. A Condition to become bound with another to the Obligee who has passed his word for the Debt of the Obligor THE Condition c. That whereas the above named J. F. at the request and for the proper Debt of the above bound R. C. has agreed and undertaken for the payment of 50 l. of lawful Mony of England to be paid by him the said J. F. his Executors Administrators or Assigns to F. J. of c. his c. according to the tenor and effect of one Pair of Indentures dated and made c. If therefore the said R. C. do together with one C. R. of c. become bound unto him the said J. F. his c. in and by one Bond or Obligation at or before the tenth day of March next ensuing the date hereof wherein the said R. C. and C. R. shall be jointly and severally bound unto the said J. F. his Heirs Executors Administrators and Assigns in the Sum of 100 l. of lawful Mony of England with Condition for the saving and keeping harmless him the said J. F. his Heirs c. from all charge and damage which may arise happen or come to him the said J. F. his Heirs Executors Administrators or Assigns for or by reason of his engaging promising or undertaking to pay the said 50 l. to the said F. J. his Executors Administrators or Assigns as aforesaid Then c. A Condition that a Father having received a Legacy given to a Child shall save the Executor harmless THE Condition c. That whereas the above mentioned R. C. did by his last Will and Testament give and bequeath to S. C. one of the Sons of the above bound A. C. the Sum of 50 l. of lawful Mony of England to be paid unto him the said S. C. or his Assigns when he should attain to his full age of one and twenty years As by the said Will it doth more fully appear And whereas the above named J. F. and F. J. at the special instance and request of the said A. C. at and before the ensealing and delivery of these presents have paid and delivered the said 50 l. to the said A. C. to and for the use of the said S. C. his Son if therefore the said A. C. and the above-bound C. A. their or either or any of their Executors Administrators or Assigns do well and truly pay or cause to be paid the said 50 l. unto the said C.S. when he shall be of the age of one and twenty years And do also at all times hereafter acquit exonerate and discharge or well and sufficiently save and keep harmless them the said J. F. and F. J. and either of them their and either of their Executors Administrators and Assigns of and from all Actions Damages Trouble Claims and Demands of or from the said S. C. or any other Person or Persons whatsoever for or by reason of the payment of the said 50 l. to the said A. C. That then c. A Condition to pay back part of a Legacy if any Debt of the Testator shall appear after to be unpaid THE Condition c. That whereas the above bound R.C. hath had and
Administrators without fraud or delay Then c. A Condition to pay a further sum for a Fine upon renewing a Lease for Lives in case one of the Lives in the former Lease be not now living as is affirmed THE Condition of this Obligation is such That whereas the above-bound C. F. lately held of the above-named Dean and Chapter certain Lands and Tenements in the Parish B. in the County of S. for the life of one J. A. now or sometime the Wife of W. L. of A. in the County of N. Clerk And whereas the said Dean and Chapter at the request of the said C. F. and upon his affirmation that the said J. A. is now living have accepted a Surrender of the Estate of the said C. F. in the Premisses And by their Indenture of Lease under their Common and Chapter Seal bearing date with these presents have demised and granted the same premisses unto the said C. F. to hold during the natural lives of the said J. A. and the said C. F. and one J. F. Son of J. F. deceased and during the natural life of the longest liver of them If therefore the said J. A. on the day of the date hereof is dead then if the said C. F. do and shall on the second day of February next coming well and truly pay or cause to be paid unto the said Dean and Chapter or their Successors the full sum of threescore and ten pounds of lawful Mony of England being the sum agreed upon between them the said C. F. and the said Dean and Chapter in such case to be paid Then this Obligation c. A Condition to give account and render the Stock delivered to one who is to carry on a Trade at half profit THE Condition of this Obligation is such That whereas the above-named T. C. at the request of the above-bound J. C. hath entrusted and committed into the hands of the said J. C. divers Goods Working-tools Plate Mony and Wares being in the whole of the value of for the furnishing of the said J. C. with a necessary Stock to exercise the Trade of a Goldsmith And whereas it is agreed between the said J. C. and T. C. that the said J. C. shall work upon and improve the said Stock in buying and selling and for his labour and pains therein shall receive and have to his own use the one half of the benefit thereof to be made keeping the Stock entire and paying unto the said T. C. the other half of the benefit thereof to be made If therefore the said J. C. his Executors or Administrators do and shall within six months next after notice to him given or left in writing at the place of his usual abode pay or deliver unto the said T. C. his Executors or Administrators of lawful Mony of England for the Stock aforesaid or the value thereof in Goods Working-tools Plate and Goldsmiths Wares But if the said J. C. shall happen to die before such notice given or left in writing as aforesaid then if the Heirs Executors or Administrators of the said J. C. shall within twenty pay next after such the death of the said J. C. pay and deliver unto the said T. C. his Executors or Administrators the said _____ or the value thereof as aforesaid And also if the said J. C. do and shall from time to time yearly and every year at the Feasts c. until the said _____ or the value thereof as aforesaid shall be paid and delivered unto the said T. C. his Executors or Administrators pay or cause to be paid unto the said T. C. his Executors or Administrators the moiety or one half of all such sum and sums of mony as he the said J. C. shall have received or gained by working in the Trades of a Goldsmith or Silversmith or by buying and selling any Wares belonging to either of the said Trades the first payment thereof to be made at the Feast of the Annunciation of the Blessed Virgin Mary next ensuing the date hereof Then this Obligation to be void c A Condition to pay proportionable shares of the charges of a Suit concerning a Common THE Condition of this Obligation is such That whereas there is within the Parish of W. in the County aforesaid a certain parcel of Pasture ground containing by estimation sixty Acres called Eastside Common And whereas every of the above-bound T. C. J. H. P. W. and W. F. respectively are seized of several Lands and Tenements in the said Parish of W. to which Lands and Tenements respectively there doth belong Common of Pasture for Sheep upon the said East-side Common at certain times in the year And whereas J. C. of W. aforesaid Gent. doth claim Common of Pasture for Sheep in the said East side Common at such times as he ought not to have such Common of Pasture there And thereupon the said T. C. J. H. and P. W. and one R. T. of W aforesaid and Undertenant of the said W. F. or some of them did lately distrain and impound the Sheep of the said J. C. depasturing in the said Eastside Common whereupon the said J. C. hath brought against them several Actions of Replevin And the said T. C. J. H. P. W. and R. T. have jointly and severally retained the above-named N. C. to defend for them the said Actions of Replevin and to prosecute and defend other Actions concerning the said Common If therefore every of them the said T. C. J. H. P. W. and R. T. respectively by parts and portions ratable and proportionable to the respective quantities of Land by every of them respectively occupied or possessed and whereunto Common of Pasture for Sheep on the said Eastside Common doth appertain do and shall from time to time upon every request made well and truly pay or cause to be paid unto the said N. C. all such sum and sums of Mony as the said N. C. shall expend lay out or reasonably deserve to have for or in the prosecuting or defending the several Actions of Replevin before-mentioned or any other Action or Actions for or in the names of the said T. C. J. H. P. P. and R. T. or any of them for about or concerning the said Common called Eastside Common And also if every of them the said T. C. J. H. P. W. and R. T. respectively by such parts and portions as aforesaid upon every request made do or shall pay and bear mutually to and amongst each other all such costs charges and damages as they or any of them shall expend pay or suffer for or by occasion of the Actions of Replevin before-mentioned or any other Actions or Suits brought or to be brought by for or against them or any of them touching or concerning the said Eastside Common And also if any of them the said T. C. J. H. P. W. and R. T. shall not at any time acquit release or discharge the several Actions of Replevin before-mentioned or any Judgment
hath against the said T. P. or for or by reason of any Judgment or Statute which are or is at this present remaining upon Record in any Court of Record or elsewhere within the Kingdom of England against the said T. P. for any Sum or Sums of Mony due or pretended to be due to the said T. W. And also If the said T. W. his Executors or Administrators shall and do from time to time and at all times for ever hereafter save defend and keep harmless the said T. P. his Heirs Executors and Administrators and his and their Goods Chattels Lands Tenements and Hereditaments of and from all Statutes and Judgments and of and from all and all manner of Executions Extents Troubles Costs Charges and Damages whatsoever which shall or may happen to or against the said T. P. his Heirs Executors or Administrators or any of them for or by reason of any such Judgment or Statute without fraud or delay Then this Obligation to be void c. A Condition upon an Adventure of Bottom-ree THE Condition of this Obligation is such That if the above-bound C. M. and O. R. their Heirs Executors and Administrators or either of them do or shall cause to be paid unto the above-named R. P. or to his certain Attorney his Executors Administrators or Assigns the Sum of 65 l. and 13 s. of lawful Mony of England at or before the end of 20 days next after the first Return and safe Arrival of the Ship Mary of S. Burthen 140 Tuns or thereabouts Mr. A. P. Master for the time being for her present intended Voyage from S. aforesaid unto Virginia and from thence back again unto her Port of delivery in England But if the said Ship by Order or any contingency shall give over the said Voyage and not proceed thereon and that if then the said C. M. and O. R. or either of them their Executors or Administrators do and shall re-pay unto the said R. P. his Executors Administrators or Assigns the Sum of 50 l. and 10 s. Principal Adventure at or before the end of 10 days next after giving over the said Voyage as aforesaid Then c. A Bond with Condition to observe the Orders of an House of Chancery NOverint universi per p̄sentes nos N. C. de Hospicio Scī Clementis Dacorum in Com̄ Midd̔ Generosum I. G. de eodem Hospicio Generosum teneri firmiter obligari E. G. Generoso Principali Hospicii p̄dict̄ decem libris bone legalis Monete Anglie solvend̔ eidem E. aut suo certo Attornato Executoribus Administratoribus sive Assign̄ suis Ad quam quidem solutionem bene ac fideliter faciend̄ Obligamus nos utrumque nostrum ac Heredes Executores Administratores nostros utriusque nostri firter per p̄sentes sigillis nostris sigillat̄ Dat̄ vicesimo quinto die Novembris Anno Regni Dornini Caroli secundi Dei Gratia Anglie Scotie Francie Hibernie Regis Fidei Defensoris c. decimo quinto The Condition of this Obligation is such That if the above bounden N. C. shall from time to time satisfie and pay unto the Principal of St. Clements-Inn abovesaid for the time being all such Sum and Sums of Mony as shall be due for Pensions Commons Essoins Battles Castings into Commons Fines Amerciaments and all other Duties whatsoever conforming himself to the Orders now made or hereafter to be made by the Principal and Ancients of the same Society Then this Obligation to be void or else to stand and be in full force A Bond with Condition That the Author of a Book shall take of the Bookseller undertaking to print it a certain number at a price THE Condition of this Obligation is such That whereas the above-named R. C. at the request of the above-named J. A. hath undertaken to cause to be printed a certain Book now in Manuscripit Intituled c. and to deliver unto the said J.A. 400 of the same Books printed on or before the first day of November next nesuing at the Shop of the said R. C. in Fleet-street if therefore the said J. A. do or shall on or before the first day of February next following well and truly pay unto the sand R. C. 20 l. for the price of the said 400 Books printed so as the said R. C. be on the said first day of November at his Shop aforesaid ready to deliver to the aforesaid J. A. the same Books in sheets without fraud or delay Then this Obligation to be void or else to remain in full force and virtue A Bargain and Sale of a Term for years taken in Execution upon a Fieri facias THis Indenture made c. Between W. S. one of Bailiffs of J. G. Esq Sheriff of the County c. of the one part and D. C. c. of the other part Whereas W. P. c. at the time of making the Warrant herein after-mentioned was possessed for a Term of years yet to come of and in all that Close of Land c. And whereas N. C. in the Court of Common-Pleas at Westminster did recover against the said W. P. One Judgment for 40 l. Debt and 30 s. Costs of Suit Upon which said Judgment in the Term of St. Michael last past a Writ of Fieri facias Returnable in Octabis S. Hillarii issued out of the said Court and was directed and delivered unto the said Sheriff in form of Law to be executed Which said Sheriff on the second day of December last made his Warrant unto the said W. S. and others joyntly and severally for the Execution of the said Writ And the said W. S. by Virtue of the said Writ and the said Warrant to him made as aforesaid hath entred into and upon the said Close of Land and seised and taken the same together with the Estate Term and Interest of the said W. P. therein Now this Indenture Witnesseth That the said W. S. in pursuance of the said Writ and Warrant and for and in consideration of Five pounds to him by the said D. C. before the sealing and delivery hereof well and truly in hand paid Hath bargained and sold and by these presents doth fully clearly and absolutely bargain and sell unto the said D. C. all the said Close of Land and all the Estate Right Title and Interest of the said W. P. in his own right and in the Right of M. his Wife of and in the said Close of Land To have and to hold unto the said D. C. for and during all the remainder of such term and terms of years as the said W. P. in his own right or in the right of his Wife had in the said Close of Land in as large and ample manner as the said W. P. and M. his Wife or either of them their or either of their Executors Administrators or Assigns may might should or ought to have held or enjoyed the same In Witness c. A Bargain and Sale or Assignment
of Lands Extended upon a Recognizance THis Indenture made c. Between J. F. of c. of the one part and R. C. and C. R. of c. of the other part witnesseth that whereas R. R. by the name of c. by one Recognizance bearing date c. taken acknowledged and sealed before Sir J. H. Knight Lord Chief Justice of England acording to the form of the Statute for recovery of Debts in that case provided standeth bound unto the said J. F. in the Sum of 100 l. payable c. as by the same Recognizance c. And whereas also the same J. F. hath extended and to him is delivered in Execution the Mannor of A. with the appurtenances in the C. of S. at he yearly Rent of c. for the non-payment of the said Sum of 100 l. Now the said J. F. for divers good Causes and Considerations him hereunto especially moveing hath bargained sold assigned and set over and by these presents doth bargain sell assign and set over unto the said R. C. and C. R. All the said Mannor of A. with the Appurtenances and all the Estate Right Title Interest and Demand whatsoever which he the said J. F. hath by reason of the said Extent of in and to the said Mannor and of in and to every part and parcel thereof and in and to all and singular the Messuages Lands and Tenements so extended and delivered in Execution as aforesaid And the said J. F. for himself c. that he the said J. F. his c. at any time or times hereafter shall not do any Act or Acts thing or things whereby the said extent or extents or the Estate Title or Interest of the said R. C. and C. R. or either of them or of the Executors Administrators or Assigns of them or either of them by reason of the said Extent may any wise be hurt hindred or impeached discharged undone or made void And further that he the said J. F. his Executors and Administrators shall and will at the reasonable request costs and charges in the Law of the said R. C. and C. R. or either of them do and suffer to be done made and acknowledged all and every such lawful and reasonable Act and Acts thing and things device and devices in the Law whatsoever for the further assurance surety and conveying of the Premisses for and during all the time and term of the said Extent and Execution unto the sand R. C. and C. R. as by their or either of their Counsel learned in the Law shall be reasonably devised advised or required In witness c. A Grant of a Rent reserved by Lease THis Indenture made c. Between J. F. of c. And R. C of c. of the other part witnesseth That whereas the said J. F. by his Indenture of Lease bearing date c. reciting the Lease as in by the said recited Lease it doth more at large appear Now this Indenture further witnesseth That the said J. F. for and in consideration of a competent Sum of Mony Hath demised granted bargained and to farm letten and by these presents doth demise grant and to farm let unto the said R. C. the reversion and remainder of the said Shop c. and other the Premisses by the said Indenture of Lease demised together with the said yearly Rent thereby reserved and the Counter-part of the said Indenture of Lease under the Hand and Seal of the said c. To have hold possess and enjoy the said reversion and Rent of c. and every part thereof unto the said R. C. his Executors Administrators and Assigns from the day of the date of these presents for and during all the residue of the aforesaid Term of c. yet to come and unexpired yeilding and paying therefore yearly and every year during the said Term unto the said J. F. his Executors or Assigns at the feast of c. one Pepper-corn if the same shall be lawfully demanded And the said J. F. for himself c. that he the said J. F. at the time of the sealing and delivery of these presents is the true perfect and Lawful owner and possesser of the said demised reversion and Rent And is at the ensealing and delivery of these presents lawfully and absolutely possessed thereof And that he the said J. F. hath full power and authority to demise and grant the said Reversion and Rents of c. unto the said R. C. his Executors Administrators and Assigns for and during all the rest and residue of the said Term of c. in manner and form aforesaid according to the true intent and meaning of these presents And further that the said J. F. his c. shall and will from time to time and at all times hereafter during the said Term fully and clearly acquit discharge save and keep harmless the said R. C. his c. of and from all former or other bargains sales gifts grants leases forfeitures claim and demand whatsoever And the said J. F. for himself c. that the said yearly Rent of c. shall continue remain and be from henceforth during the residue of the said Term due and payable unto the said R. C. his c. according to the true intent and and meaning of these presents in witness c. A Grant of a Rent Charge THis Indenture made c. Between J. F. of c. of the one part and R. C. of c. of the other part witnesseth That the said J. F. for and in consideration of the sum of c. to him in Hand paid before the ensealing and delivery hereof by the said R. C. the receipt whereof he the said J. F. doth acknowledge and thereof and of every part thereof doth acquit and for ever discharge the said R. C. his c. Hath given granted and confirmed and by these presents doth give grant and confirm unto the said R. C. one Annuity or yearly Rent Charge of c. to be had taken and received out of all and singular the Messuages c. of the said J. F. within the Kingdom of England to be paid at the four most usual Feasts or Terms in the year that is to say c. the first payment thereof to be made and to begin on c. To have hold receive take and enjoy the said Annuity or yearly Rent Charge of c. unto the said R. C. his c. from the day of the date of these presents until the full end and term of c. And if the said Annuity or yearly Rent Charge of c. shall happen to be behind and unpaid in part or in all after any of the said Feast days above limited for the payment of the same the said J. F. for himself c. that then it shall and may be lawful to and for the said R. C. his c. into all and singular the said Messuages c. or into any part thereof to enter and
he deliver unto Sir C. R. Knight or any of his Assigns to his use any Sum or Sums of Mony amounting to the Sum of 1000 l. of lawful Mony of England or under And shall take a Bill under the Hand and Seal of the said R. C. confessing and shewing the certainty thereof That then I my Executors or Administrators having the same Bill delivered to me or them shall immediately upon the receit of the same pay or cause to be paid unto the said J. F. his Executors or Assigns all such Sums of Mony as shall be contained in the said Bill which payment in manner and form aforesaid well and truly to make I bind my self my Executors Administrators and Assigns by these presents In witness c. A Clause in a Will to enable the Executors to Sell Lands ITem I Will and Ordain that the Executor of this my last Will and Testament or his Executor or Executors Administrator or Administrators for and towards the performanee of my said Testament shall with all convenient speed after my decease bargain sell and alien in Feesimple all those Lands c. for the doing executing and perfect finishing whereof I do by these presents give grant will and transfer to my said Executor and to his Executors and Administrators full Power and Authority to grant alien bargain sell convey and assure All c. to any person or persons and their Heirs for ever in Feesimple by all and every such lawful ways and means in the Law as to my said Executors or his c. or to his or their Counsel learn'd in the Law shall seem fit A Form of an Award TO all Christian People to whom this present Writing shall come J. F. and R. C. of c. send Greeting Whereas divers controversies and debates have been and yet are depending between R. D. and M. C. for the appeasing and determining whereof the said parties have submitted themselves and are become bound each to other by their several Obligations dated c. in the sum of c. with Conditions unto the said Obligations for performance of the Award Arbitrement Determination and Judgment of us the said J. F. and R. C. Arbitrators indifferently elected and chosen as well on the part and behalf of the said R. D. as on the part and behalf of the said M. C. to Award Arbitrate Determine and Judge of and concerning all and all manner of Actions Suits Judgments Executions Accounts Recknings Trespasses Controversies and Demands whatsoever had made moved stirred and depending between the said R. D. and M. C. from the beginning of the World until the day of the date of these Presents so always as the said Award c. of us the said J. F. and R. C. for and concerning the Premisses be made and put in writing under our Hands and Seals on or before the c. as by the said Obligations and Conditions it doth more fully appear Now know ye That we said J. F. and R. C. Arbitrators as aforesaid taking upon us the charge of the said Award and Arbitrement and having heard and understood the Sayings and Allegations of both the said Parties concerning the Premisses and being minded to settle unity and friendship between them concerning the same do thereupon make and put in writing this our Award Arbitration and Judgment between the said Parties for and concerning the premisses in manner and form following That is to say First we do Award Arbitrate and Determine by these Presents That the said R. D. his Executors Administrators or Assigns shall well and truly pay c. And we the said Arbitrators do also award c. That he the said R. D. shall on the c. Seal and as his absolute Deed deliver to the said M. C. or to her use a Release of all and all manner of Actions c. from the beginning of the World to the day of the date of the Obligations aforesaid And further we do award Arbitrate and Determine that the said M. C. shall well and truly pay c. and seal release c. In witness c. A Bargain and Seal of all Goods and Chattels real and personal to save harmless from all Bonds TO all Christian People to whom this present Writing shall come I R. C. of c. send Greeting Know yet that J. the said R. C. as well for the indempnifying and saving harmless of J. F. of c. his Heirs Executors Administrators and Assigns and every of them of and from all manner of Bonds and Writings obligatory whatsoever wherein the said J. F. is and standeth bound for me the said R. C. in any sum or sums of Mony to any person or persons whatsoever as also for divers other good Causes and Considerations me hereunto especially moving Have given granted bargained sold and confirmed and by these Presents do give grant bargain sell and confirm unto to the said J. F. all and singular my Leases Goods and Chattels whatsoever as well real as personal of what kind nature quality or condition soever the same are or be and in what place or places soever the same shall or may be found as well in my own custody and possession as in the hands custody and possession of any other person or persons whatsoever To have and to hold all and singular the said Leases Goods and Chattels and all other the Premisses with the appurtenances to the said J. F. his Heirs c. to his and their own proper use and behoof for ever And I the said R. C. and my Heirs c. all and singular the said Goods and Chattels and other the Premisses unto the said J. F. his c. to his and their own proper use as aforesaid shall and will warrant and for ever defend by these Presents Provided always that if I the said R. C. my Executors c. or any of us do or shall from time to time and at all times hereafter clearly acquit and discharge or otherwise sufficiently save and keep harmless the said J. F. his c. and all his and their Goods Chatels Lands Tenements and Hereditaments and every of them of and from all and singular Bonds Writings Obligatory whatsoever wherein and whereby the said J. F. at the request or for the debt of me the said R. C. is and standeth bound to any person or persons whatsoever in any sum or sums of Mony and of and from all and all manner of Actions Suits Charges Troubles Expences and Demands whatsoever which shall or may in any wise hereafter happen come grow or be to or against the said J. F. his c. or any of them for or by reason of the said Obligations Writings obligatory or any of them or any thing in them or any of them mentioned or contained that then this present Deed or Grant and every thing herein contained shall be utterly void and of none effect any thing before mentioned herein to the contrary notwithstanding In witness c.
or less lying and being in the Parish of St. Peters the Great in the County of Sussex and also all Lops and Shreds of all such Trees being within the said Wood called Broyle Wood as have been usually lopped at the felling of the Underwood growing within the said Wood Except and always out of this present Sale reserved unto the said J. F. his Heirs and Assigns the Bodies and Trunks of all manner of Trees whatsoever other than Underwood the Lops and Shreds of such Trees as have been usually lopped growing or being in or upon the same Wood or any parcel thereof To have and to hold the said Underwoods Lops and Shreds before by these presents bargained and sold Except before excepted unto the said R. C. his Executors Administrators and Assigns to his and their own proper use and behoof for ever And the said J. F. doth convenant promise and agree to and with the said R. C. his Executors Administrators and Assigns that it shall and may be lawful to and for him them or any of them peaceably and quietly to have hold take and enjoy the said Underwoods and to enter into the said Wood and every part thereof there to fell hew and cut down all and singular the said Woods Underwoods and Hedge-rows at seasonable times in the year from the day of the date hereof until the c. and the same so fell'd hew'd and cut down with his and their or any of their Carts and Carriages to carry and convey from thence to any other place or places at his and their liberty and pleasure at all times during the space of three years by all convenient ways thereto now used and accustomed without any let or hindrance of or from him the said J. F. his Executors Administrators or Assigns And the said R. C. for himself his Executors and Assigns doth covenant agree to and with the said J. F. his Executors Administrators and Assigns That he the said R. C. his Executors and Assigns shall and will at every felling which he or they shall make of the said Woods Underwoods and Trees leave standing and growing in and upon the premisses so many competent and sufficient Standards Staddels and Stories as by the Statute is and ought to be left and also shall and will at his and their own proper costs and charges make good all the Hedges and Fences about the young Sprigs of the said Wood for the safe keeping thereof from the hurt and spoil of Beasts and Cattle according to the custom of the Country there In witness c. A Devise of Lands for Life with a Remainder in Tail And also a Bequest of a Term for years with a Trust to assign to an Infant IN the Name of God Amen I W. B. of the Parish of St. Bartholemew near the City of Chichester in the County of Sussex Yeoman do make and declare this my last Will and Testament in manner and form following that is to say First I bequeath my Soul into the Hands of Almighty God believing Remission of Sins and Everlasting Life by the Merits Death and Passion of Jesus Christ my Lord and only Saviour Item I give and devise unto my Son J. B. all that my Freehold Land lying in a Field called Scutteriefield near the said City to hold unto the said J. for Term of his Life and after his decease to A. Daughter of the said J. and the Heirs of the said A. for ever Item I give and devise unto the said J. B. all other my Freeholds Lands and Tenements whatsoever To hold unto the said J. for Term of his Life and after his decease to J. B. my Grandfor and the Heirs of the said J. my Grandson for ever Item I give and bequeath unto the said J. B. my Son all that my Land lying in the said Scutteriefield which I hold by Lease of the Dean and Chapter of Chichester together with the said Lease and all my Estate and Term therein upon this Trust and Confidence that with the Rents and Profits thereof my said Son shall from time to time every 7 years during his Life renew the said Lease and the residue of the said Profits shall have and take to his own use And that after his decease the said A. his Daughter shall have and enjoy the said Lands and the Lease thereof And that the Executors or Administrators of the said J. my Son immediately after the death of my said Son shall assign over the said Land holden of the said Dean and Chapter And all their Term therein unto the said A. her Executors Administrators and Assigns Item I give and bequeath unto E. and M. Daughters of the said J. my Son Twenty Pounds a piece Item I give and bequeath unto J. my now Wife sufficient Meat Drink Washing and Lodging to be provided and allowed to her by my Executors for the space of half a year next after my decease or in lieu thereof Five Pounds in Mony at the Election of my said Wife Item I nominate and appoint the said J. my Son to be Executor of this my Will to whom I give all the rest of my Goods and Chattels after my Debts Funeral Expences and other Legacies first paid and discharged In witness whereof I have hereunto set my Hand and Seal the 26th of March in the year of our Lord 1677. Signed sealed and published in the presence of _____ A Protection by a Member of Parliament FOrasmuch as I have special occasion to imploy the Bearer hereof R.C. my Servant in and about my Business and Occasions during this present Session of Parliament These are therefore to will and require you to forbear to arrest attach or imprison him the said R. C. but to permit and suffer him peaceably and quietly to go about his Business at his will and pleasure during this present Session without any Suit Arrest or disturbance as you will answer the contrary at your peril Given under my Hand and Seal c. A Revocation of a Protection WHereas I F. J. have granted a Protection under my Hand and Seal unto R. C. bearing date on or about the c. last past to endure for the time of this present Parliament Now these presents witness That for divers good Causes and Considerations me moving I do hereby revoke annul and make void the said Protection to all intents and purposes whatsoever so as the said R. C. shall not from henceforth have any benefit priviledge or advantage thereby but be therefrom utterly debarred and excluded for ever by these presents In witness c. A short single Bill for payment of Mony KKow all Men by these Presents That I R. C. of c. do own unto J. F. of c. 10 l. of lawful Mony of England to be paid unto the said J. F. his Executors Administrators or Assigns on the 10th day of March next ensuing the date hereof To which payment well and truly to make I bind my self my Heirs and
R. D. and his Successors for ever Provided always That if the said W. G. his Heirs or Assigns shall at any time be ejected out of the said several parcels of Land to him before herein mentioned to be granted Or if the said R. D. or his Successors shall a● any time enter into take claim or challenge the said several parcels of Land or any part thereof then it shall and may be good and lawful to and for the said W. G. his Heirs and Assigns into the said parcel of Land by the said W. G. before herein mentioned to be granted to reenter and the same to have again repossess and enjoy as in his and their former Estate any thing herein contained to the contrary notwithstanding In witness c. Note Although this Deed will not bind the Vicars Successors yet it makes a good Title against all others and it was not doubted but all Successors would agree to it because the Vicaridge Land is of much less value than the other A Defeazance of a Statute Staple THIS Indenture made c. Between J. F. of c. and R. C. of c. witnesseth That the said R. C. by a certain Recognizance of the nature of a Statute Staple made and provided for the recovery of Debts taken and sealed before Sir J. H. Knight Lord Chief Justice of England bearing date c. standeth and is bound unto the said J. F. in the sum of 300 l. of lawful Mony of England payable as by the said Recognizance more at large appeareth nevertheless the said J. F. is contented and agreed and doth covenant promise and grant for himself his Heirs Executors Administrators and Assigns to and with the said R. C. his Heirs Executors Administrators and Assigns and to and with every of them by these presents That if the said R. C. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid unto the said J. F. his Executors Administrators or Assigns or any of them the sum of 160 l. of lawful Mony of England on the 10th day of May next ensuing the date hereof without fraud That then the said Recognisance shall be utterly void and of none effect or else to remain in full force and virtue In witness c. A Defeazance on a Judgment THIS Indenture made c. Between J. F. and R. C. witnesseth That whereas the said R. C. by one Obligation bearing date c. became bound unto the said J. F. in the sum of c. with a Condition thereupon made for the payment of c. as by the said Obligation and Condition it doth more at large appear which said sum of c. or any part thereof or any thing in satisfaction of the same hath not been paid to the said J. F. in the said Obligation named By reason whereof the said Obligation became forfeited And whereas the said J. F. hath brought an Action of Debt in their Majesty's Court of Common Pleas at Westminster against the said R. C. upon the said Obligation in which Action a Judgment is obtained against the said R. C. Yet nevertheless the said J. F. is contented and doth covenant that neither he the said J. F. his Executors Administrators or Assigns nor any of them shall at any time before c. Take out any Execution or Executions on the said Judgment And further the said J. F. for himself his Executors Administrators and Assigns doth covenant and agree to and with the said R. C. his Executors Administrators and Assigns that if he the said R. C. do well and truly pay c. That then the said J. F. his Executors or Administrators upon request made and at the charges of the said R. C. shall acknowledge satisfaction on record of and for the said Judgment and shall also deliver unto him the said R. C. his c. the said Obligation to be cancelled and the said R. C. to be thereof and of and from the said Judgment fully discharged In witness c. A Defeazance on Lands forfeited THIS Indenture made c. between J. F. of the one part and R. C. of the other part witnesseth That whereas the said R. C. by his Indenture bearing date c. for the considerations therein mentioned did give grant bargain sell and confirm unto the said J. F. his Heirs and Assigns all these Lands c. with the appurtenances in the County of S. in which said Indenture there is a Condition or Proviso to this Effect That if the said R. C. his Heirs Executors or Assigns or any of them do truly pay or cause to be paid unto the said J. F. his Executors Administrators or Assigns the full sum of c. that then said from thenceforth the said recited Indenture and every Covenant c. therein contained shall be utterly void and of none effect as by the said Indenture it doth more at large appear Which said sum of c. was not paid at the day and time above limited for the payment thereof according to the effect of the said Proviso By reason whereof the said Lands c. in the said Indenture mentioned are absolutely vested and setled in the said J. F. yet nevertheless the said J. F. is contented and pleased and doth covenant and grant to and with the said R. C. his Executors Administrators and Assigns That if he the said R. C. his Executors Administrators and Assigns or any of them do well and truly pay or cause to be paid unto the said J. F. Executors Administrators or Assigns the full sum of c. That then and from thenceforth the said recited Indenture shall be utterly void and of none effect the breach made by nonpayment of the said sum of c. in the afore-mentioned Proviso contained or any other thing therein to the contrary notwithstanding And also on full payment of the said sum of c. at any time within five years next following he the said J. F. his Heirs and Assigns shall and will at the reasonable request cost and charges in the Law of the said J. C. his Heirs and Assigns convey and assure unto the said R. C. for ever the said Lands c. with the appurtenances in the said recited Indendure mentioned in such manner and form as shall by the said R. C. his Heirs or Assigns or his or their Counsel learned in the Law be reasonably devised advised or required And also that he the said J. F. his Heirs or Assigns shall deliver or cause to be delivered unto the said R. C. his Heirs or Assigns within two Months next after payment made all Deeds Evidences and Writings which the said J. F. hath touching or concerning the Premisses safe whole uncancelled and undefaced In witness c. An Indenture of Partition of Lands between Tenants in Common who have several Interests in divers respects THIS Indenture made c. Between J. B. sen of c. in the County of S. Gent. J. B. jun.
until the full end and term of One and twenty years from thence next ensuing and fully to be compleat and ended Yielding and paying therefore yearly and every year during the said term unto the said R. C. and C. his Wife their Executors Administrators and Assigns respectively the yearly Rent or Sum of Eight pounds of lawful Mony of England at the four must usual Feasts in the year That is to say c. or within 30 days next after any of the said Feasts With the usual Covenants in Leases to be added A Covenant to levy a Fine with a render of Rent THis Indenture made c. Between R. C. and C. his Wife of the one part and C. R. of the other part Witnesseth That for divers good Causes and Considerations it is covenanted granted concluded and agreed by and between the said parties to these Presents for them their Heirs Executors and Administrators that before the end of Hillary Term next at the costs and charges of the said C. R. his Executors or Administrators one Fine with Proclamations in due form of Law shall be levied and acknowledged by and between the said parties to these presents by the names of c. in and by which said Fine the said C. R. shall remise release and quitclaim from the said C. R. and his Heirs unto the said R. C. and C. his Wife and the Heirs of the said R. C. all his Right Title Estate and Interest of in and to the aforesaid Messuages c. with the appurtenances For which remise release and quit-claim the said R. C. and C. his Wife shall by the said Fine grant and render unto the said C. R. his Executors Administrators and Assigns one Annuity or yearly Rent of Fifty pounds of good and lawful Money of England to be issuing and going out of the aforesaid c. with the appurtenances To have hold receive and enjoy the said Annuity of Fifty pounds per Ann. and every part and parcel thereof unto the said C. R. his Executors Administrators and Assigns from the Feast of c. next ensuing the date of these presents until the full end and term of 21 years from thence next ensuing and fully to be compleat and ended at the Feast of St Michael the Archangel and the Annunciation of the Blessed Virgin Mary by even and equal portions yearly to be paid during the term aforesaid And if it shall happen the said yearly Rent of Fifty pounds or any part thereof to be behind or unpaid in part or in all by the space of 20 days after either of the said Feast-days or days of payment being lawfully demanded That then and from thenceforth it shall and may be lawful to and for the said C. R. his Executors Administrators and Assigns into the said c. and every part and parcel thereof to enter and distrain And the Distress and Distresses there to be found and taken lawfully to lead bear drive and carry away and the same to detain and keep until he the said C. R. his Executors Administrators and Assigns shall be fully paid and satisfied the said Annuity or yearly Rent and all and every the Arrears thereof c. A Covenant to levy a Fine sur concessit for years THis Indenture made c. Between R. C. and C. his Wife on the one part and C. R. on the other part witnesseth that the said R. C. for divers good causes and considerations him hereunto moving doth for himself his Heirs Executors and Administrators and for the said C. his Wife covenant and grant to and with the said C. R. his Executors and Administrators by these presents That he the said R. C. and C. his Wife shall and will before the end of next Hillary Term levy one Fine sur concessit with Proclamations in due form of Law before his Majesty's Justices of the Court of Common Pleas at Westminster unto the said C. R. of all c. and the reversion and reversions remainder and remainders of all and singular the Premisses and of every part and parcel thereof And all Rent and Rents and yearly services and other profits whatsoever reserved and payable upon every demise and demises leases grants and conveyances whatsoever made and granted of the Premisses or any part or parcel thereof by such name or names quantity and quality of Acres as shall be thought meet and requisite And shall thereby grant the said c. with the Appurtenances unto the said R. C. To have and to hold the same unto the said C. R. his Executors Administrators and Assigns from the Feast c. next ensuing the date hereof unto the full end and Term of c. from thence next ensuing and fully to be compleat and ended rendring therefore yearly unto the said R. C. and his Heirs the yearly Rent of one Pepper-corn at c. if the same shall be lawfully demanded A Covenant to levy a Fine and suffer a Recovery with double Voucher THis Indenture made Between R. C. and C. his Wife of the first part J. F. and F. J. of the second part and C. R. of the third part witnesseth That it is mutually and respectively covenanted and concluded by and between the said parties to these presents And the said R. C. doth by these presents for himself his Heirs Executors and Administrators and for the said C. his Wife covenant and agree to and with the said C. R. his Heirs Executors and Administrators That he the said R. C. and C. his Wife shall and will on this side and before the Feast of c. now next ensuing levy and acknowledge one Fine sur cognizance de droit come ceo c. in due form of Law with Proclamations to be had and made according to the form of the Statute in that Case made and provided before the Justices of his Majesty's Court of Common Pleas at Westminster or before some other person or persons thereunto lawfully authorized to the said J. F. and F. J. and the Heirs of the said J. F. of all that the c. by such name or names quantities quality and numbers of Acres and in such manner and form as by the said C. R. his Heirs or Assigns or his or their Counsel learned in the Law shall be reasonably devised advised or required which said Fine so or in any other manner to be levyed and acknowledged between the said parties shall be and shall be construed reputed and taken to be to and for the use of the said J. F. and F. J. and their Heirs To the only end intent and purpose that the said J. F. and F. J. shall and may stand and be full and perfect Tenants of the Freehold of the said c. with the Appurtenances and of every part thereof whereof the said Fine is agreed to be levied as aforesaid until a perfect Common Recovery shall and may be lawfully had suffered and executed of the said c. against the said J. F. and F. J. and
after the death of the said J. F. shall or may have in any the c. whereof the said J. F. shall during the Coverture between him the said M. C. be seized of any Estate of Inheritance and for the advancement of the said M. C. and of the Heirs Males of the Body of the said J. F. upon the Body of the said M. C. lawfully to be begotten And for divers other good Causes and Considerations him the said J. F. thereunto moving doth for him and his Heirs covenant and grant to and with the said R. C. his Heirs Executors and Administrators in manner and form following that is to say That he the said J. F. and his Heirs and all and every person and persons and his and their Heirs which now stand and be seised of and in all that c. and of and in every part and parcel thereof shall from and after the said Intermarriage stand and be seised of all and singular the said c. with the Appurtenances to the only uses and intents hereafter in and by these presents expressed limited and declared and to no other use intent or purpose whatsoever that is to say To the only use and behoof of the said J. F. and his Heirs until the said Marriage And from and after the said Marriage had then to the use and behoof of the said J. F. and M. for and during the terms of the natural Lives of them the said J. F. and M. and of the longer Liver of them And from and after the decease of the Survivor of the said J. F. and M. to the use and behoof of the Heirs Male of the Body of the said J. F. upon the Body of the said M. lawfully to be begotten And for default of such Issue to the use and behoof of the right Heirs of the said J. F. for ever And the said R. C. doth for himself his Executors Administrators and Assigns covenant grant and agree to and with the said J. F. his Executors and Administrators by these presents That in case the said Marriage between the said J. F. and the said M. C. Daughter of the said R. C. do take effect and be solempnized at or before the said Feast of c. herein before-mentioned he the said R. C. his Executors or Adminstrators shall and will within six Months after the said Marriage had and solempnized pay or cause to be paid unto the said J. F. his Executors or Administrators as the Marriage Portion of the said M. the sum of 2000 l. of lawful Mony of England at or in the now dwelling House of the said J. F. situate c. And the said R. C. also for himself doth covenant and grant to and with the said J. F. his Executors and Administrators by these presents That in case the said Marriage shall take effect according to the true meaning of these presents That then the said R. C. shall and will well and sufficiently maintain provide for find keep and sustain the said J. F. and M. his Wife and all the Issue of their two Bodies begotten from time to time and at all times immediately from and after the said Marriage between the said J. F. and M. so to be had and solempnized as aforesaid during the natural life of him the said R. C. with sufficient and convenient Meat Drink Lodging and Houseroom according and suitable to their Quality and Degree And farther That the said R. C. shall and will either in the life-time of the said R. C. or by his last Will and Testament leave give devise and assure or cause to be well and truly contented and paid unto the said J. F. or to the said M. in case she shall survive the said J. F. or to the Children or Child to be begotten between them in case the said J. F. and M. shall both happen to die in the life time of the said R. C. to be Equally divided between them the sum of 1000 l. of lawful Mony of England over and beside the sum of 2000 l. herein before-mentioned to be paid to the said J.F. as and for a Marriage Portion with the said M. to be paid within two years after the decease of the said R. C. in case the same shall not be paid or satisfied in his life-time And the said J. F. doth for himself his Executors Administrators and Assigns covenant promise grant conclude and agree to and with the said R. C. his Executors and Assigns by these presents That if the Marriage between him the said J. F. and the said M. shall take effect and be had as aforesaid and if the said M. shall happen to survive and outlive him the said J. F. and shall at any time after the decease of the said J. F. be lawfully evicted or put out of or from the said c. limited to her as aforesaid for her Jointure or any part or parcel thereof That then the Executors or Administrators of the said J. F. shall well and truly pay or cause to be paid unto the said M. so much lawful Mony of England for the said premisses or part thereof being so evicted from the said M. as aforesaid as the same shall Amount unto at Rate of seven years purchase for and according to the yearly Value of the same within six Months after such eviction And the said J. F. further for himself his Executors and Administrators doth covenant and grant to and with said R. C. his Executors and Administrators by these presents That in case the said M. shall happen to depart this life within two years after the said Marriage had and solemnized as aforesaid without having any Issue of her Body lawfully begotten by the said J. F. then living That then and in such case the said J. F. his Executors or Administrators shall and will for and in respect of the said sum of 2000 l. of lawful Mony of England by him received as aforesaid as the Marriage Portion of the said M. repay and satissfie or cause to be repaid and satisfied unto the said R. C. the sum of 1000 l. of lawful Mony of England at one entire payment within four Months next after the decease of the said M. And it it is further covenanted granted concluded and agreed by the said J. F. for himself his Executors and Administrators That if the said Marriage shall take effect and if the said M. shall outlive the said J. F. and after his decease shall agree to and refuse to accept of the said c. hereby setled on her as aforesaid for and in the name of her Jointure and shall commence or sue any Action at law for any Lands Tenements or Hereditaments which are the Inheritance of the said J. F. during the covertue between them for her Dower or upon her Title of Dower That then and from thenceforth f●om and after the commencement of such Action or Actions Suit or Suits the Uses and Estates herein before limited shall cease
so making satisfaction therefore shall and may have and enjoy the sole benefit of the said Goods Wares Monies and Merchandizes or things so by him intrusted and for which he shall have made satisfaction as aforesaid And that every of them the said Parties if necessity require and conveniently it may be in all his and their buying and selling dealings and doings touching and concerning the said Joint-trade shall desire and take the advice and direction of the rest of the said Parties or some or one of them And that all such Detriments and Losses as shall without fraudulent practice of any of the said Copartners happen or come to the said partible account by the falshood absence or negligence of any Servant or Servants Apprentice or Apprentices or which shall serve or dwell with any of the said Parties shall be born and answered by the Master of such Servant or Servants by whom the same shall be done or committed And further that none of them the said Parties shall or will at any time or times hereafter charge the accompt of the said Copartnership with any other or more Debts than only such as shall be pertinent to the same and with such charge only as shall be necessarily and justly disbursed for and about such Goods Wares Commodities and Merchandizes as shall be occupied and imployed in or about the said Joint-trade or Copartnership and for and about the getting in recovery and obtaining of such Debts as shall be due and owing unto them by reason thereof nor at any time hereafter during the said space or time of five years shall withdraw or take from the said Joint-stock and Accompt any Sum or Sums of Mony or other things other than such as shall be disbursed for the recovery and getting in of such Debts as are incident to the same as is before expressed and mentioned and that without Fraud or Covin Saving that it shall and may be lawful to and for every of them the said Parties yearly during the said Copartnership to have and take out of the said Stock belonging to their Joint-trade and Copartnership for every of their particular and private Expences and occasions as followeth That is to say to the said R. C. the Sum of 100 l. of lawful Mony of England to the said C. R. the like Sum of 100 l. To the said J. F. the like Sum of 100 l. And to the said F. J. the like Sum of 100 l. of like lawful Mony of England And saving also that it shall and may be lawful to and for the said J. F. during the said Copartnership in respect of his House-Rent wherein it is agreed one part of the business of the said Copartnership shall be acted and performed here in England and for the extraordinary pains of him and his Servants to be taken and performed in and about the said Joint-trade and for his Expences upon and Entertainment of Clothiers yearly to charge upon the said partible account and to be allowed yearly out of the same the Sum of 80 l. of lawful Mony of England over and besides the said 100 l. a year allowed unto him as aforesaid Saving also for the said C. R. in respect of the extraordinary pains of him and his Servants to be taken in and about the said Joint-trade and his Expences upon and Entertainment of Clothiers as aforesaid and for his House-Rent wherein it is agreed also that one part of the Joint-business aforesaid shall be acted and performed to charge to the said partible account and be allowed upon the same the like Sum of 80 l. yearly of like lawful Mony of England during the said Copartnership over and besides the said 100 l. yearly to him allowed as aforesaid And saving that it shall and may be lawful to and for the said F. J. in respect of his extraordinary pains to be taken in and about the said Joint-business and for his dwelling in the parts beyond the Sea where it is agreed he shall be imployed in and about the said Joint-trade and business during the said Copartnership there to charge to the said partible account and to be allowed the same here in England the Sum of 50 l. yearly of like lawful Mony of England during the said Copartnership over and above the said 100 l. a year to him allowed sa aforesaid Also the Wages and Allowance to or for any Servant or Servants to be sent over or to or for any Apprentice or Apprentices where any shall be sent over and imployed in the said business into the parts beyond Sea an equal number of Apprentices of each of them the said R. C. C. R. J. F. and F. J. being imployed in the said Joint-business And also the charge of any Ware-house or Ware-houses to be taken or used beyond the Seas for the said Joint-business And the Wages and Allowance of one Servant agreed to be hired by the said J. F. and C. R. for the managing and writing of the Books of Account to be kept here in England concerning the said Joint trade and business is hereby agreed by and between the said Parties to these Presents to be paid and allowed out of the Joint-Stock of this Copartnership And the said F. J. for himself his Executors and Administrators and for every of them doth covenant and grant to and with the said R. C. C. R. and J. F. and every of them their and every of their Executors and Administrators by these Presents in manner and form following That is to say That he the said F. J. shall not nor will at any time or times during this Copartnership leave transfer or commit the Business Trade or Imployment of or concerning the said Joint-trade or Copartnership in any place or places beyond the Seas where he shall have full charge and disposing nor any Bills or Specialties concerning the same to any person or persons whatsoever other than such as shall be thought fit by the said R. C. C. R. and J. F. or the Survivors or Survivor of them and their special consent and agreement in Writing under their Hands in that behalf first had and obtained And further that he the said F. J. shall from time to time hereafter during the said Copartnership keep or cause to be kept in such place or places beyond the Seas where he shall continue to be imployed just and true Book and Books of Account and Reckonings of all and every his dealings doings buyings and sellings and imployments touching and concerning the Premisses in such ample manner and form in every respect as Merchants of the same Trade commonly use to do And shall not only send and consign weekly if it conveniently may be unto the said J. F. and C. R. true Copies of his weekly Journal and particulars of all Cloaths and Wares received and sold Goods sent and Monies paid and sent by Exchange and other his dealings whatsoever touching the said Joint-account but also at the end of every six Months next
ensuing each other to be reckonned and accounted from the day of the date of these presents during the said Copartnership consign and send over unto them the said J. F. and C. R. a true plain perfect and general account in Writing under his Hand of all his Receipts Payments Buyings Sellings Dealings Doings and Imployments whatsoever by him passed or done touching or concerning the said Joint-account and Copartnership particularizing therein all Expences and all Cloaths Wares and other things then remaining in his Hands And shall and will during the continuance of this Joint-trade at his own Costs and Charges for the consideration aforesaid pay for Diet Lodging and Entertainments in the parts beyond Sea And further that it shall and may be lawful to and for the said R. C. C. R. and J. F. or any of them or any of their Executors Administrators Servants or Assigns at his and their will and pleasure to have Liberty Ingress Egress and Regress into out of and from the Counting-House or Name of the said F. J. for the time being in the parts beyond the Seas And shall and may freely as occasion shall require as well view and peruse the said Books of Account and all Bonds Bills and Specialties whatsoever as also all Wares Goods and Merchandizes and other things whatsoever in the parts beyond Sea relating to the said Joint-trade in the Hands Custody or Possession of the said F. J. And moreover that he the said F. J. shall and will with all convenient speed from time to time hereafter during the said Joint-trade consign remit and send over to the said R. C. C. R. and J. F. from the said parts beyond the Seas in Mony by Exchange or in Wares and Merchandizes the proceeds of all Wares Cloaths and other things that shall be by him received and in his disposing touching and belonging to the said Joint-account And further that he the said F. J. shall and will from time to time hereafter during the said Copartnership endeavour what he may the taking up such Monies in the parts beyond the Seas for the said Joint-account as shall be needful and otherwise advance and benefit the same what he may And also it is agreed by and between all the said parties That if the said F. J. shall at any time or times hereafter take up or borrow at Interest or otherwise any Sum or Sums of Mony for the said Joint-account that then the said R. C. C. R. and J. F. and every of them their and every of their Executors and Administrators shall by these Presents be liable to the payment of the said Sum and Sums of Mony and every of them as fully in every respect as the said F. J. his Executors Administrators or Assigns And also if in case the said R. C. C. R. and J. F. or any of them shall at any time or times hereafter take up or borrow at Interest or otherwise any Sum or Sums of Mony for the said Joint-account that then the said F. J. his Executors and Administrators shall be by these Presents liable and ingaged together with the said R. C. C. R. and J. F. for the repayment of the Sum and Sums of Mony and every of them as fully in every respect as the said R. C. C. R. and J. F. or any of them their or any of their Executors or Administrators And the said F. J. for himself his Executors and Administrators and every of them doth covenant and grant to and with the said R. C. C. R. and F. J. and every of them their and every of their Executors and Administrators by these presents in manner and form following that is to say That he the said J. F. shall and will from time to time and all times hereafter during the Copartnership mannage and keep or cause to be managed and kept by such Servant or Book-keeper to be hired or entertained as aforesaid just and true Book and Books of Account and Reckoning Journal and Leiger of all and every the Receipts Dealings Payments Buyings Sellings and Imployments of the said J. F. and the said C. R. concerning the premisses here in England in such ample manner and sort in every respect as other Merchants of the same Trade commonly use to do And at the end of every six Months that is to say on the last day of June and the last day of December yearly during the said Copartnership perfect the said Books and give to each of the Partners a true ballance thereof And further That it shall and may be lawful to and for the said R. C. C. R. and F. J. and every of them their and every of their Executors Administrators Servants and Assigns at convenient times at their and every of their free will and pleasure to have free Liberty of Ingress Egress and Regress into out of and from the Dwelling House of he said J. F. and his Counting-house and Ware-house there and shall and lawfully may as occasion shall require view and peruse all Books of Account and all Bonds Bills Writings and Specialties Goods Wares and Things whatsoever there in the hands custody and charge of the said J. F. touching the said Joint-account And the said C. R. for himself his Executors and Administrators and for every of them doth covenant and grant to and with the said R. C. J. F. and F. J. and every of them their and every of their Executors Administrators Servants and Assigns by these Presents in manner and form following that is to say That he the said C. R. shall and will during the said Copartnership keep or cause to be kept true Accounts in writing of all his receipts payments buyings sellings dealings and doings touching and concerning the said Joint-Account and shall from time to time produce and shew forth the same unto the said J. F. and his Servants and the said Servant to be hired as aforesaid whereby the said J. F. or the said Servant or one of them may be enabled to keep the said Books and Accounts Journal and Leiger of all business whatsoever touching the said Joint-trade or Account there in England in manner and form aforesaid And further That he the said C. R. shall and will during the said Copartnership be equally aiding and assisting in all the managing and keeping the said Books and Accounts to be managed and kept as aforesaid for the Joint-stock here in England within the said Dwelling House of the said J. F. aforesaid And also that it shall and may be lawful to and for the said R. C. J. F. and F. J. and every of them their and every of their Executors Administrators and Assigns at their and every of their free will and pleasure at convenient times to have free liberty of ingress egress and regress into and out of the Dwelling House Contuing House and Ware-house of the said C. R. for the time being And shall and may freely as occasion shall require view and peruse all Books of Account
and proportion of him or them so dying in the said Stock of 10000 l. and the gains benefit and increase thereby then gotten and arisen Monies lent to the Joint-account excepted shall and will only be liable to pay and shall and will pay unto the Executors or Administrators of the party so deceasing within the said term of five years and within three Months after ballance of the said Account the said Executors or Administrators first making good to the said Joint account the charge of him so deceased so much lawful Mony of England as by the said last ballance of Account then before made up and agreed upon between the said Copartners shall be due and coming to such of them the said Copartners respectively dying as aforesoid within six Month● after such decease the said Executors or Administrators respectively thereout allowing and abatin● to the surviving Copartners for and towards the losses that may happen to the said surviving Copartners by desperate and bad Debts due to the sai● Joint-account so many times thirty pounds o● lawful Mony of England as half Years or six Months of the aforesaid term of five Years shall remain unexpired at the time of such decease And further That in case any of the said Copartners shall decease before the end or expiration of the said term of five Years and full thre● Months after ballance of Accounts as aforesaid That then the part of him or them so dying shal● run on upon Account and be imployed by the surviving Copartners in the said Joint-trade until th● next ensuing time agreed by these presents for th● ballancing of the said Account And that the surviving Copartners in full of the portion part an● share of him or them so dying of in and to th● said Joint-stock of 10000 l. and the benefit 〈◊〉 increase thereby then gotten and arisen M●lent to the said Joint-account excepted shall a● will only be liable to pay and shall pay upon suc● decease within six Months after the Account ba●lanced and made up unto the Executors or Adm●nistrators of such of them the said Copartners ●●●ing within the said term of five years and 〈◊〉 three Months after ballance of Account the sam● Executors or Administrators first making good to 〈◊〉 said Joint-account the charge of him or them respectively deceased so much lawful Mony of England as by the said next ballance of Account to be made up by the survivors of them the ●aid Copartners shall justly and truly appear to be ●●●e and coming to such of them the said Copartners so deceasing as fully as if the parties were living The said Executors and Administrators respectively thereout allowing unto the said survi●● Copartners for and towards the losses that 〈◊〉 happen to the said surviving Copartners by desperate and bad Debts due to the said Joint-account so many times thirty pounds of lawful Mony of England as half Years or six Months of the said term of five Years shall remain unexpired at the time of such decease And also that such of them the said Copartners as shall survive shall and will save and keep harmless and indempnified the Executors or Administrators of such of the said parties as shall so decease of and from all Bonds Bills Debts and Ingagements wherein and for which the parties so deceasing at the time of his decease stood bound or ingaged by virtue of this Copartnership And it is further covenanted concluded and a●●eed by and between all the said parties to these presents and each and every of them by and for himself his Executors and Administrators covenanteth and agreeth to and with the other of 〈◊〉 his Executors and Administrators respective●y by these presents in manner and form following that is to say That if any of them the said parties shall decease as aforesaid within the said ●●rm of five years satisfaction for his Stock Part ●nd Share being made as a foresaid that then the ●emaining Stock with all other the Joint-trade and Account shall run on and continue during the residue of the said term of five years by and between the Survivors of them the said Copartners and each of them to have a rateable part and proportion of the same and of all gain and loss thereby arising And further that at the end and expiration of the said Copartnership and term of five Years or within three Months next ensuing the said Copartners being all living or the Survivors in case any of them shall be deceased shall and will meet and come together and adjust and make a true and perfect Account at or in the dwelling House of the said J. F. for the time being or where for the time being the said Joint-trade shall be chiefly used here in England by and between all the said parties or the Sureties of them as well for and concerning all their several dealings and charges for and about the said Joint-trade and Account of all such Monies Wares Goods Merchandizes and Debts that then shall be due owing or appertaining to the said Joint-trade and account and unto them the said parties by reason thereof as of for and concerning all and every the gains losses profits or charges of or by the said Joint-trade arising growing hapned or sustained in such particular manner as it may appear what the true state of the same then shall be and what proportion and how much to every of them the said parties shall be then due belonging or appertaining And shall and will also within the said time or space of three Months next ensuing the expiration of this Copartnership by equal Lots or other Dividends divide all Cloaths Wares and Merchandizes between them then Remaining unsold or disposed of And that immediatly and with all convenient speed then afterwards all and every Debts and sums of Mony due by the said Joint-account or by them the said parties by reason thereof shall be duly paid satisfied and discharged or otherwise equally secured by the Bonds of them the said Copartners or Survivors of them in case the said Debts cannot conveniently be paid within the time aforesaid And as for and concerning the remainder of the said Stock of 10000 l. and all gains profit and advantage by the Stock accruing whether the same shall consist in Debts or Ready Mony or both the Monies lent and added to the said Stock by any of the said Copartners with the Interest thereof then due being first paid and satisfied the said Remaining Monies or Debts being divided into equal parts and portions according to the number of the said Copartners then living the same shall by Lots cast or some other way as they shall agree upon be distributed to the said Copartners or to such of them as shall be then living whereby each may have an equal part or share of the said Stock and of all gain and profit thereby obtained And also that every of the said parties his Executors and Administrators for the better recovery of such Debts and Sums of Mony
upon notice given by the said J. F. his Executors Administrators or Assigns to the said R. C. his c. he the said R. C. his Executors or Administrators shall within twenty days next after such notice given to the said R. C. or his c. satisfie and recompence the said J. F. or his c. for the same without Fraud or Covin And that he the said R. C. his Executors or Administrators shall not at any time or times hereafter willingly do or suffer any Act or Thing to hinder let or disturb him the said J. F. his Executors Administrators or Assigns in the Recovery getting in or obtaining the said Debts or any of them And moreover That he the said R. C. his Executors and Administrators shall and will upon reasonable request to him or them made by the said J. F. his Executors Administrators or Assigns make seal and deliver to him or them such other sufficient Letter or Letters of Attorney for the recovery and getting in of the said Debts and Sums of Mony as by the said J. F. his Executors Administrators or Assigns or his or their Counsel learned in the Law shall be reasonably devised advised or required In consideration whereof the said J. F. for himself his Executors and Administrators doth covenant promise and grant to and with the said R. C. his Executors and Administrators in manner and form following that is to say That he the said J. F. his Executors or Administrators shall and will at or before the c. procure and obtain to and for the said R.C. his Executors or Administrators sufficient general Releases and other Discharges in Law from all Creditors whose Names are in the Schedule hereunto annexed And also that he the said J. F. his Executors or Administrators shall and will at all times for ever hereafter save and keep harmless and indempnified the said R. C. his Executors and Administrators against all and every person and persons whatsoever to whom they the said R. C. and J. F. or either of them are indebted touching or concerning their said Copartnership and of and from all Actions Suits Costs Damages Charges Judgments Executions and Demands whatsoever which shall at any time hereafter arise and come against the said R. C. his Executors or Administrators or any of his or their Lands Tenements Goods or Chatels or any part thereof for or by reason of any Debts or Sums of Mony owing or for or by reason of any Bill Bond Specialty Promise or Contract touching the said Copartnership In witness c. An Indenture where two Apprentices having taken their Master's Shop covenant with his Executors to gather in his Debts THIS Indenture made c. Between R. C. and C. R. Executors of A. B. c. and J. F and F. J. of the other part witnesseth That the said R. C. and C. R. in part of the performance of the last Will and Testament of the said A. B. and for divers other good Causes and Considerations them hereunto moving have demised granted and to farm let and do by these presents demise grant and to farm let unto the said J. F. and F. J. all that the Dwelling-house and Shop of the said A. B. To have and to hold the said c. with all and every the Appurtenances to them the said J. F. and F. J. their Executors Administrators and Assigns from the Feast-day of St. Michael last past for during and until the full end and term of five years fully to be compleat and ended Yielding and paying therefore yearly and every year during the said Term unto the said R. C. and C. R. their c. the Sum of forty pounds of lawful Mony of England at the four most usual Feasts or Terms of the year that is to say c. by even and equal portions And the said J. F. and F. J. for themselves jointly and severally and for their and every of their Executors and Administrators do by these presents covenant promise and agree to and with the said R. C. and C. R. and either of them their and either of their Executors Administrators and Assigns in manner and form following that is to say That they the said J. F. and F. J. and either of them shall endeavour by all lawful means without Suit at Law to the utmost of their power to obtain get in and come by all such Debt and Debts as were and are still owing from or by any person or persons whatsoever to the said A. B. at the time of his decease for any Wares or Merchandizes which did belong to the said A. B. or any otherwise howsoever And that they the said J. F. and F. J. or one of them their or one of their Executors Administrators or Assigns shall once in a Month give a true Account of any Sum or Sums of Mony by them or either or any of them received in part or in full of any of the said Debts to them the said R. C. and C. R. their Executors Administrators or Assigns And thereof shall forthwith make payment to them the said R. C. and C. R. or one of them or one of their Executors Administrators or Assigns without Fraud or Covin And also that neither they the said J. F. and F. J. nor either of them nor their or either of their Executors Administrators or Assigns shall take or receive satisfaction or payment for any Goods or Wares by them or any of them sold to any Chapman or Customer of the said A. B. deceased before such Chapman or Customer shall have fully satisfied and payed all such Debts as were owing from him or them at the time of his decease to the said A. B. all Chapmen and Customers of the said A. B. dwelling within the City of London and Suburbs thereof only excepted In witness c. Covenant to re-enter on Non-payment A short Bargain and Sale of Coppice-Woods where the price is partly paid in hand and the residue to be paid after THIS Indenture made c. Between N. C. of the City of C. in the County of S. Gent. of the one part and I. C. of E. A. in the same County Yeoman of the other part witnesseth That the said N. C. for and in consideration of c. lawful Mony of England to him by the said I. C. before the sealing and delivery hereof well and truly in hand paid and five pound and ten shillings more to be paid in such manner as is therein after mentioned hath granted bargained and sold and by these presents doth grant bargain and sell unto the said I. C. all those Coppice-Woods and Under-woods standing and growing or being upon a parcel of Coppice-Ground called Z. containing by estimation three Acres in W. A. in the said County of S. Except and always reserved out of this Grant all Timber Trees and other Trees standing growing or being in the said Coppice-Ground and all young Sellows there left at the last Felling of the said Coppice
commenced against the said R. C. his Heirs Executors Administrators or Assigns upon the said Obligation In witness c. A discharge to an Apprentice TO all c. I. R. C. of c. send Greeting Whereas C. R. by his Indenture bearing date c. did put himself Apprentice to me for the Term of 7 years commencing c. As by the said Indenture it doth appear Now know ye that I the said R. C. for divers good Causes and Considerations me hereunto moving do by these Presents clearly and absolutely discharge and set free the said C. R. of and from my Service so as neither I nor any for me shall or may at any time hereafter ask claim or demand any Service of the said C. R. by virtue of the said Indenture And also I do hereby Remise and Release unto the said C. R. all Actions and all Causes of Action Service and Demands whatsoever which I now have against him by reason of any Act whatsoever from the beginning of the Wold until the day of the date hereof In witness c. A Warrant to acknowledge Satisfaction on a Judgment To A. B. C. D. and E. F. Attornies of his Majesty's Court of Common-Pleas at Westminster or to any of them or to any other Attorney of the said Court WHereas I F. J. of c. in Trinity Term last did obtain a Judgment in the said Court of Common Pleas at Westminster against R. C. for 50 l. debt and 40 s. costs as by the Record thereof Remaining in the said Court it doth at large appear of and for which said Judgment I the said F. J. do hereby acknowledge my self to be fully satisfied and paid These are therefore to authorise you or any you to acknowledge satisfaction of the said debt and costs on the Record of the said Judgment in the said Court aforesaid and for so doing this shall be your sufficient Warrant In Witness c. An greement of Creditors to take their Debts at four payments abating Interest WE A. B. C. D. and E. F. Creditors of R. C. of c. do by these Presents consent and agree for our selves and for every of us severally to take and accept of such Debts as are owing and due to us by and from the said R. C. by four payments to be made on the days here mentioned for the payment thereof by even and equal portions That is to say one fourth part of our said several Debts on or before the 10th day of March next ensuing the date hereof one other fourth part c. and upon the said R. C. his making the first payment and giving security for the other three we and every one of us shall and will deliver up the old Security and discharge him thereof And we and every one of us do hereby consent and agree to forgive and abate to the said R. C. all and all manner of interest due to us or any of us for the forbearance of our said several Debts In witness c. A Mortgage of Lands for years partly for Mony lent and partly for security of the Mortgagees being Sureties for other Debts of Mortgagor THIS Indenture Tripartite made c. Between R. C. of the first part and C. R. of the second part and J. F. of the third part witnesseth that the said R. C. for and to the intent that the said C. R. and J. F. and either of them and the Heirs Executors and Administrators or either of them shall and may be well and truly satisfied recompenced contented paid and saved harmless of and for all and singular such Sums and Sums of Mony as they the said C. R. and J. F. or either of them have heretofore lent or delivered to the said R. C. of to any other Person or Persons to or for his use by his consent request or agreement or which they the said C. R. and J. F. shall at any time hereafter lend or deliver to and for the use of the said R. C. by or at his request consent or agreement And also of and for and all singular such Bills Obligations and Debts which they the said C. R. and J. F. or either of them heretofore have made or hereafter shall make Jointly with the said R. C. for his Debt or at his request Hath demised granted and to farm letten And by these Presents doth demise grant and to farm lett to them the said C. R. and J. F. all that c. with the appurtenances To have and to hold the said c. to the said R. C. and J. F. their Executors Administrators and Assigns from the Feast c. for and during and until the full end and Term of 99 years from thence next ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said Term unto the said R. C. his Heirs and Assigns the Sum of 10 l. of lawful Mony of England at the Feast of St. Michael the Archangel and of the Annunciation of the Blessed Virgin by ever and equal Portions Provided always That if he the said R. C. his Executors Administrators or Assigns or any of any of them do and shall well and truly pay or cause to be paid to them the said C. R. and J. F. their Executors Administrators or Assigns or to any of them all and singular such Sum and Sums of Mony as they the said C. R. and J. F. or either of them heretofore have lent or delivered to the said R. C. or to any other person or persons to or for his use by his consent and agreement or at any time hereafter shall lend or deliver to or for the use of the said R. C. at his request or by his consent or agreement And also all and singular such Sum and Sums of Mony as be or shall be mentioned in any Bill Bond or Obligation or any other Wirting whatsoever which they the said C. R. and J. F. or either of them heretofore have made or hereafter shall make Jointly with the said R. C. for his Debt or at his request Together with all such costs charges losses and damages whatsoever which they the said C. R. and J. F. or either of them their or either of their Executors or Administrators shall bear or sustain for or by reason of any Sum or Sums of Mony Bills Bonds or Obligations aforesaid or any of them Provided also that if they the said C. R. and J. F. their Executors Administrators and Assigns shall be fully satisfied contented and paid all Sum and Sums of Mony to them owing by and from the said R. C. either with the Rents Issues and Profits of the Premisses hereby demised or by him the said R. C. his Executors Administrators or Assigns or any of them or any other way howsoever That then and from thenceforth this present Lease Grant and Demise and every Matter Clause and Covenant herein contained shall cease determin and be utterly void and of no effect