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

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Administrators and for every of them doth covenant promise and grant to and with the said J. C. his Executors Administrators and Assigns and to and with every of them by these presents that he the said J. C. his Executors Administrators and Assigns shall and may from henceforth for ever peaceably and quietly have hold and enjoy the said stock of Goods and Money and the same and every part thereof to dispose and convert to his and their own proper use and behoof without the let suit trouble claim and disturbance of him the said J. G. his Executors Administrators or Assigns or any of them or of any other person or persons whatsoever claiming by from or under him them or any of them or by or under or by reason of his their or any of their act or acts right title interests means or procurement c. In witness c. An Assignment of a Lease of a Messuage divers plats of Ground with Buttals and Boundals several Covenants c. with an Exception THis Indenture made the c. day of c. Anno Domini 1632. and the Eighth year of the Reign of our Soveraign Lord King Charles c. Between S. A. of c. Gentleman of the one part and F. L. of c. Esquire of the other part Whereas Sir John T. late of c. Knight and Baronet deceased and the late right honourable N. Lord Tuston and Earl of Thanet by the name of Sir T. N. Knight Son and Heir apparent of the said Sir John T. now also deceased by their Indenture bearing date the thirtieth day of May in the fifteenth year of the Reign of our said Soveraign Lord King Charles over England c. for the consideration therein expressed did demise grant and to farm-let unto E. W. of c. his Executors and Assigns all that the Messuage or Tenement shed and plat of Ground scituate lying and being in Chick-Lane c. containing by estimation one hundred foot in length from the North to the South and in breadth forty one Foot from the East to the West the Messuage or Tenement then in the Tenure of J. W. lying on the East side thereof and the said Chick-Lane on the North-side thereof and the Messuage or Tenement then in the Tenure of one R. S. on the West and South-sides thereof And also their part of one Messuage or Tenement or shed and parcel of Ground lying and being in Chick-lane aforesaid containing by estimation Fourscore and twelve Foot in length and in breadth Eighteen Foot The Messuage or Tenement then in the Tenure or Occupation of one A. B. on the West-side thereof the said Chick-lane on the North-side thereof and the Messuage or Tenement then in the Tenure or Occupation of one H. S. on the South-side thereof and then or late before in the Tenure or Occupation of the said A. B. his Assignee or Assignees and all and singular the Messuages Tenements Houses Edifices Buildings Rooms Shops Cellars Sollers and void Ground unto the said Messuages or Tenements shed and plats of Ground before mentioned to be demised belonging or in any wise appertaining To have and to hold to the said Edmund Wright his executors administrators and assigns from the Feast of the Annunciation of the blessed Lady Saint Mary the Virgin last past before the date hereof unto the full end and term of Thirty one years from thence next ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir J. T. yearly during his life and after his decease to the said Right Honourable N. Lord T. and Earl of Thanet his heirs and assigns the full sum of Eight pounds of lawful money of England at two of the most usual Feasts or Terms in the year That is to say at the Feasts of St. Michael the Arch-angel and the Annunciation of the blessed Lady the Virgin Mary by equal portions as by the same Indenture more plainly may appear And whereas by certain other Indentures bearing date the said Thirtieth day of May made between the said Sir John T. and the said N. Lord T. and Earl of Thanet by the name of Sir N. T. Knight on the one part and the said E. W. on the other part It is covenanted conditioned and agreed by and between all the said Parties And the said E. W. for himself his executors administrators and assigns did covenant promise and grant to and with the said Sir J. T. and the said N. Lord T. and Earl of T. their heirs and assigns by the said last mentioned Indenture That the said E. W. his Executors Administrators and Assigns should well and truly yearly during the said Term of one and twenty years pay or cause to be paid to the said Sir I. T. during his natural life and after his decease to the said N. Lord T. and Earl of T. his Heirs and Assigns the full sum of twenty three pounds of lawful Money c. for and in the name of a Fine or Income for the said Lease at the two Feasts aforesaid by equal portions And whereas also the said Sir J. T. and the said N. Lord T. and Earl of T. by the name of N. T. Knight have by their Indenture bearing date the said c. day of May for the consideration therein mentioned demised granted and to farm-let unto I. VV. of c. all that their Messuage or Tenement scituate lying and being in Chick-lane aforesaid late in the tenure or occupation of one Agnes VV. and her Assignee or Assignees containing by estimation from the East to the VVest thirty foot in breadth and in length from the North to the South threescore Foot the Tenement then in the occupation of the said I. VV. lying on the East-side thereof the Tenement then of Ralph F. Gentleman on the VVest-side thereof the Tenements then in the tenure or occupation of the said Ralph E. on the South-side thereof and also all the tenement shed or piece of Ground lying and being in Chick-lane aforesaid containing by estimation one hundred and twenty Foot of assize in length and twenty eight Foot in breadth then or late before in the tenure or occupation of the said I. VV. or his Assignee or Assignees the Tenement then in the tenure or occupation of one I. C. lying on the East-side thereof and the tenement then in the tenure of one I. VV. on the VVest-side thereof and the Tenement belonging to St. Martins Orgars on the South-side thereof and also one other little piece or parcel of Ground situate lying and being near Chick-lane aforesaid c. containing by estimation in length nineteen Foot from the East to the VVest and in breadth from the North to the South sixteen Foot late in the tenure or occupation of R. B. or of his Assignee or Assignees the Tenement then in the occupation of the said I. VV. on the East-side thereof and the tenement then in the tenure of the said
witness c. A Condition to pay a sum of money to Children at their several Ages according to the Will by which it was given The Bond made to the Executor THe Condition of this Obligation is such That whereas the within-named A. B. by his last Will and Testament bearing date c. did amongst other Legacies and Bequests give and bequeath to the Children of his late Brother G. B. deceased to every one of them that should be living at the time of his Death to be delivered unto them by equal portions at their several ages of one and twenty years Forty pounds a piece and to G. B. by name one of his said Brothers Children the sum of Forty pounds over and besides the said Forty pounds formerly to him given as aforesaid And did ordain that the said several sums so bequeathed to his said Brothers Children should be delivered to their Mother his Sister-in-law for the use and behoof of the said Children she putting in sufficient security to his Executors for the payment of the said sums at their several ages above-mentioned as by the said last Will and Testament of the said A. B. may appear the within-named M. E. and G. H. Executors of the said last Will and Testament of the said A. B. have now paid and delivered unto the within bounden E. W. the Mother of the said Children the sum of c. for the several Legacies of such of the same Children as are yet under the age of One and twenty years that is to say Fourscore pounds for the use of the above-named G. B. according to the Bequest thereof to him made as aforesaid Forty pounds more for the use of E. B. Forty pounds more for F. B. and Forty pounds more for A. B. all Children of the said G. B. deceased to be paid unto them at their several ages as abovesaid if therefore the above-bounden E. B. his Heirs Executors Administrators or Assigns or any of them do and shall well and truly pay or cause to be paid unto every of the said Children before named respectively viz. to G. B. E. B. F. B. and A. B. their said several sums or Legacies above-mentioned at every of their several respective ages of Twenty one years according to the effect and true meaning of the said Will without fraud or coven That then c. A Condition for payment of money to a Child when he comes to Age and in the mean time to find it and bring it up THe Condition c. That if the within bounden T. C. his Heirs Executors c. do well and truly deliver and pay or cause to be delivered and paid unto T. M. Son of J. M. late of c. the sum of c. within one moneth next after that the said T. shall attain and come to his full age of twenty one years And also carefully and honestly according to his Calling and Degree keep educate and bring up the said T. during his non-age with necessary and convenient Meat Drink Lodging Learning and Apparel and if the said T. M. shall happen to die and depart this life before he shall attain his said age of one and twenty years Then if the said T. C. his Executors c. do within one year next after the decease of the said T. M. pay or cause to be paid unto the within named c. his Executors or Assigns to the use of the Children of the said T. M. which shall be then living the said sum of c. to be equally distributed and divided amongst them That then c. An Assignment of a Wharfstock of Wood Coals Lighters c. with a general Release and Covenants for peaceable enjoying c. THis Indenture made the c. between J. G. of c. Woodmonger of the one part and J. C. of c. in the same Parish and County Woodmonger of the other part Witnesseth That whereas the said J. G. being on the Sixth day of August Anno Dom. 1637. and in the 13th year of His said Majesties Reign that now is lawfully possessed for divers years then to come of and in one Wharf in Milford-lane in the Parish of c. and of a certain stock of VVood and Coals thereupon and in the Lighters of the VVharf namely 124 Chaldron of Coals valued at an hundred and two pounds two shillings and nine pence forty thousand of Oaken Billets at c. six Horses six Carts with their furniture Coal-sacks Lighters Planks Coal-measures and new and old wheels about the Yard valued at c. All which did amount in the whole to the sum of three hundred pounds five shillings and nine pence and did commit unto him the said J. C. the use occupation and managing of the said stock of VVood and Coals and of the sum of one hundred ninety seven pounds fourteen shillings and three pence of lawful money of England to be laid out in buying of VVood and Coals to make up the whole stock Five hundred and two pounds to be used managed and imployed and supplyed from time to time by him the said J. C. at the said VVharf for the term of Seven years then next ensuing if the said J. and L. should so long live upon such Conditions Covenants and Agreements and in such sort as were mentioned expressed and contained in certain Articles of Agreements indented bearing date the sixteenth day of August 1637. in the said Thirteenth year of His said Majesties Reign made between the said J. G. of the one part and the said J. C. of the other part as in and by the said Article at large it doth and may appear And whereas it is agreed that the agreement in the said articles shall cease and be determined and that the said J. C. shall have hold retain and keep the said stock of Goods and Money to his own use in consideration of the sum of c. of lawful Money of England agreed to be secured to be paid by the said J. C. to the said J. G. at certain dayes agreed upon Now this Indenture further witnesseth That the said J. G. for the consideration aforesaid hath granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely grant bargain sell assign and set over unto the said J. C. all the said stock of Goods and Money before mentioned formerly delivered into the hands of the said J. C. as aforesaid and doth also remise release and for ever quit-claim unto the said J C. all actions accompts claims and demands whatsoever touching or concerning the same stock of Goods and Money or any part thereof To have and to hold the said stock of Wood Coals Money and other things before mentioned and every part of them unto the said J. C. his Executors Administrators and Assigns to his and their own proper use and behoof and at his and their own proper Goods and Chattels for ever And the said J. G. for himself his Executors and
Ralph F. on the VVest-side thereof the tenement then in the tenure of R. S. and E. W. on the North-side thereof and the tenement then in the tenure of the said R. F. on the South-side thereof and also all and singular Houses Edifices Buildings Stables and Back-sides Back-houses Shops Cellars Sollers c. unto the said Messuage and several plats of Ground before demised then belonging or appertaining or to or with the said demised premises then held used occupied or enjoyed as part parcel or member of them or either of them To have and to hold all and singular the said demised premises with the appurtenances to the said I. VV. his Executors Administrators and Assigns from the Feast of the Annunciation of our blessed Lady the Virgin Mary then last past before the date of the said last recived Indenture unto the full end and term of thirty and one years from thence next ensuing and fully to be complear and ended Yielding and paying therefore yearly during the said term unto the said Sir I. T. during his life and after his decease to the said Right Honourable N. Lord T. and Earl of T. and his Heirs and Assigns the full sum of Six pounds of lawful money of England at the two Feasts aforesaid by even and equal portions And whereas by certain other Indentures bearing date the said thirtieth day of May made between the said Sir I. T. and the said N. Lord T. Earl of T. of the one party and the said I. VV. of the other party It is convenanted concluded condescended and agreed by and between all the said Parties And the said I. VV. for himself his Executors Administrators and Assigns did covenant promise and grant to and with the said Sir I. T. and the said N. Lord T. Earl of T. their Heirs and Assigns That the said I. VV. his Executors Administrators and Assigns should well and truly yearly during the said term of thirty and one years pay or cause to be paid to the said Sir John T. during his natural life and after his decease to the said N. Lord T. Earl of T. his Heirs and Assigns the full sum of seventeen pounds of lawful money of England for and in the name of a Fine or Income for the said Leases at the two Feasts aforesaid by even and equal portions as by the same several Leases relation being unto them had more at large it doth and may appear which said several Leases Estates and Interests of the said E. VV. and I. VV. of in and to all and singular the aforesaid premises in and by the aforesaid several Indentures of Lease demised granted and contained as aforesaid were by mean Conveyances and sufficient Assurances in the Law conveyed to John Witherings Esquire and the said I. VV. by Deed indented under his Hand and Seal bearing date the c. of c. 5 Car. hath conveyed his Estate Interest and term of Years in the said premises unto the said S. for during and until all the residue of the time then to come and unexpired of the said several Indentures of Lease granted be fully compleat and ended as by the same Conveyances and Assurances relation being thereunto had it doth and may appear Now this Indenture witnesseth That the said S. H. for and in consideration of the sum of Three hundred and thirty pounds c. to him and his at and before the ensealing and delivery of these presents by the said F. H. well and truly paid whereof the said S. H. doth acknowledge the Receipt and thereof and of every part and parcel thereof doth hereby forever acquit and discharge the said F. H. his Executors and Assigns and every of them hath granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely grant bargain fell assign and set over unto the said F. H. and M. his Wife all and singular the said premises above-mentioned to be by the aforesaid Indentures or any of them demised letten or granted or mentioned meant or intended to be in and by the same demised letten or granted with their and every of their appurtenances And all the Messuages Houses Edifices and Buildings now standing erected and built and all the said original Indentures of Demise and all mean Conveyances and Assignments thereof and of every part thereof and all the time and term of years yet to come and unexpired granted mentioned or intended to be granted in or by the said Indentures or any of them and all the Estate Interest Right Title term and terms of Years Claim and Demand whatsoever which he the said S. H. now hath yet to come and unexpired of and in the said demised Premises or any of them To have and to hold all and singular the said demised premises by these presents mentioned or intended to be granted assigned or conveyed and all the said original Indentures of demise and all mean conveyances and assignments thereof and all the term of years yet to come and unexpired of and in the said demised premises or any of them unto the said F. H. and M. his wife their Executors Administrators and Assigns immediately from and after the making hereof for and during all the residue of the said several terms of c. years therein yet to come and unexpired And the said S. H. for himself his Executors and Administrators and for every of them doth covenant promise and grant to and with the said F. H. his Executors Administrators and Assigns and to and with every of them by these presents That he the said S. H. hath not before the day of the date hereof made done or committed any act or acts thing or things Grant Lease Estate or Incumbrance whatsoever whereby or by reason whereof the said Leases Estates and Premises before herein assigned and set over or any part or parcel thereof are or shall be frustrated avoided disturbed or incumbred Except one Lease made by the said F.M. and S. H. unto R. H. of a Messuage or Tenement with the appurtenances parcel of the premises aforesaid now or late in the Occupation of J. S. by Indenture dated c. now last past for the term of sixteen years commencing from the Feast c. at the yearly Rent of a Pepper-Corn and except certain Leases in the said Deed from the said J. VV. mentioned to be excepted severally and respectively of several parts and parcels of the said premises before the said S. had any Estate in the premises or any part thereof by E. VV. to G. VV. H. VV. and T. K. c. Upon which Leases divers several Rents are respectively reserved amounting in the whole to the sum of Sixty one pounds yearly or thereabouts all which Rents shall or may be hereafter payable to the said F. H. and M. his wife their Executors and Assigns and except all other Leases and Estates mentioned and excepted in the said Deed from the said J. VV. c. In witness c.
digging receiving selling footing and carrying away the said Timber-Trees Woods or Under-woods or the Royalties Priviledges and Freedoms aforesaid To have and to hold the said Towns or Town-lands before mentioned and all other the premises before in or by these presents demised and granted bargained and sold and every part and parcel thereof with their and every of their Appurtenances and the Reversion and Reversions Rents and yearly Profits of the same and of every part and parcel thereof unto the said G. R. his Executors Administrators and Assigns from the Feast-day of All-Saints last past before the date of these presents unto the full end and term of Ninety and nine years from thenceforth next ensuing and fully to be compleat and ended Yielding and paying therefore yearly and for every year during the said term unto the said H. Oniel his Heirs and Assigns the yearly rent or sum of c. of current money of England at the Feasts of Philip and Jacob and All-Saints by even and equal portions as within one and twenty dayes next after any of the said Feasts And if it happen the said yearly Rent to be behind and unpaid in part or in all contrary to the reservation aforesaid and no sufficient distress can or may be found or taken in and upon the said demised premises A demand thereof being by the said Sir H. Oniel his Heirs or Assigns first made That then and from thenceforth it shall and may be lawful to and for the said Sir H. Oniel his Heirs or Assigns or any of them into the said four Towns or Town-lands and all and singular the aforesaid demised premises with the appurtenances or into any part or parcel thereof in the name of the whole to re-enter and the same to claim have again enjoy and re-possess as in his and their first and former estate any thing in these present Indentures contained to the contrary in any wise notwithstanding and the said G. R. A Covenant for new Building Messuages on the demised premises for himself his Heirs Executors Administrators and Assigns and for every of them doth covenant promise and grant to and with the said Sir H. Oniel his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following that is to say That he the said G. R. his Executors c. shall and will within the space of ten years next ensuing the date of these presents at his and their own proper Costs and Charges erect new-build and set up in and upon some convenient part of the premises by these presents demised three Messuages Tenements or Houses fit and convenient for habitation to be so erected of Timber Stone or Brick according to the most usual manner of building now used within the Realm of England and the same being thus built shall from time to time and at all times during the aforesaid term of c. years keep and well maintain in good repair And shall and will likewise from time to time during the said term well and sufficiently repair amend maintain and keep all the Houses Edifices Hedges Ditches Fences and Enclosures in and about the said demised premises or any part thereof in good and sufficient reparations and the said demised premises and every part thereof being so well and sufficiently repaired maintained hedged fenced ditch'd and amended in the end of the said term shall and will quietly leave and yield up unto the said Sir H. O. his Executors Administrators and Assigns And that the said G. R. his Executors Administrators and Assigns and his and their Under-Tenants shall and will from time to time during the said term grind all their several kind of Grain whatsoever that they or any of them A Covenant to pay Heriots shall expend in and upon the said demised premises or any part thereof at the Mill or Mills of him the said H. Oniel And the said G. R. for himself his Executors Administrators and Assigns and for every of them doth further covenant promise and grant to and with the said Sir H. Oniel his Heirs and Assigns and to and with every of them by these presents That he the said G. R. his Executors Administrators or Assigns shall or will well and truly pay or cause to be paid unto the said Sir H. O. his Heirs or Assigns such several and respective Heriots for the said demised premises as are hereafter in these presents mentioned and expressed That is to say upon the death of the said G. R. his Executors or Administrators dying Tenant in possession of the said premises or any part thereof his or their best Beast in the name of one Heriot and upon the decease of every of his or their Lessees Farmor or Under-Tenant of the said premises or any part thereof one half of the value of the price of his or their best Beast in full lieu and satisfaction for the whole Heriot And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents That it shall and may be lawful to and for the said G. R his Executors Administrators and Assigns and his or their Lessees Farmors and Under-Tenants from time to time and at all times hereafter during the said term to have and take in and upon the said demised premises competent and sufficient House-boot Plough-boot Cart-boot Hedge-boot and Fire-boot to be spent expended and imployed in about and upon the same premises and not else-where And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth further covenant promise to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say That the said Sir H. Oniel is and standeth lawfully seized of and in the said four Towns Town-lands or Townships before-mentioned in these presents and of and in all other the demised premises with their appurtenances of such good perfect and lawful estate of inheritance in Fee-simple as that he the said Sir H. Oniel hath in himself good Right full Power and lawful Authority hereby to demise grant bargain sell and to farm-let the said four Towns or Town-lands before mentioned and all other the promises aforesaid with their and every of their appurtenances into the said G. R. his Executors Administrators and Assigns f●r such term of years and in such manner and form as is herein before mentioned and expressed And for the further and better securing and confirming of the said four Towns or Town-lands and other the premises with the appurtenances unto the said G. R. his Executors Administrators or Assigns for and during the term aforesaid and in manner and form as is aforesaid according to the true intent and
the said Indenture of Lease demised Together also with the said yearly Rent of c. thereby reserved and the counter-part of the same 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 A. B. his Executors Administrators and Assigns from the day of the date of these presents forwards for and during all the residue of the aforesaid term of c. yet to come and unexpired Yielding and paying therefore yearly during the said term unto the said W. B. his Executors or Assigns at the Feasts of c. only one Pepper-corn if the same shall be lawfully demanded And the said W. B. for himself c. that he the said W. B. at the time of the ensealing and delivery of these presents is the true perfect and lawful Owner and Possessor 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 W. B. hath sull Power good Right true Title and lawful Authority to demise and grant the said reversion and rent of c. unto the said A. B. 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 W. B. his Heirs Executors Administrators and Assigns and every of them from time to time and at all times hereafter during the said term shall and will clearly exonerate acquit discharge save and keep harmless as well the said A. B. his Executors Administrators and Assigns as the said demised Reversion and Rent of and from all former and other Bargains Sales Gifts Grants Leases Forfeitures Titles Claims Demands and Incumbrances whatsoever And moreover the said W. B. for himself c. That the said yearly Rent of c. shall continue remain and be from henceforth during the rest and residue of the said term yet to come and unexpired before mentioned due and payable unto the said A. B. his Executors Administrators and Assigns according to the said Indenture of Lease and the tenor effect and true meaning of these presents In witness c. Note that the Tenant must Attorn or nothing passeth c. An Annuity or yearly Rent-Charge THis Indenture made c. between A. B of c. Gentleman on the one part and C. D. of c. on the other part Witnesseth That the said A. B. for and in consideration of the sum of c. to him in hand paid before the ensealing and delivery hereof by the said C. D. the Receipt whereof he the said A. B. doth acknowledge and thereof and of every part and parcel thereof doth acquit exonerate and for ever discharge the said C. D. his Executors c. by these presents hath given granted and confirmed and by these presents doth give grant and confirm unto the said C. D. one annuity or yearly rent-charge of c. to be had taken perceived and received and to be issuing and going out of and in all and singular the Messuages Lands Tenements and Hereditaments whatsoever of the said A. B. as well in c. as elsewhere within the Realm of England to be paid at four Feasts or Terms in the year that is to say at the c. by even and equal portions the first payment thereof to be made and begin on the c. To have hold receive perceive take and enjoy the said Annuity or yearly Rent-charge of c. unto the said C. D. his Executors Administrators or Assigns to be paid at the four Feasts aforesaid in form before declared from the day of the date of these presents unto the full end and term of c. And if it shall happen the said Annuity or yearly Rent of c. to be behind and unpaid in part or in all after any of the said Feast dayes or Terms of payment thereof as aforesaid in which it is appointed to be paid That then and so often as the same or any part thereof shall so be behind and unpaid the said A. B. granteth and agreeth for himself his Heirs Executors Administrators and Assigns to and with c. that it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns and every or any of them into all and singular the said Messuages Lands Tenements and Hereditaments of the said A. B. as well in c. aforesaid as elsewhere within the Realm of England to enter and distrain both for the Annuity aforesaid and the Arrerages thereof if any be and the Distress and Distresses there from time to time found and taken to bear lead drive take and carry away and the same to with-hold detain keep and impound until the same Annuity or yearly Rent-charge of c. and the arrerages thereof if any such shall be the said C. D. his c. be fully satisfied contented and paid And the said A. B. hath put the aforesaid C. D. in full possession of the said Annuity or yearly Rent-charge of c. in form as aforesaid to be had received and taken by the delivery and payment of the sum of c. which the said A. B. hath at the ensealing and delivery of these presents given and delivered unto the said C. D. in name of possession of the said Annuity and the said A. B. for himself c. that the said A. B. his c. shall and will from time to time and at all times during the said term of c. well and truly pay or cause to be paid to the said C. L. his c. or some of them the said annuity or yearly rent of c. in manner and form aforesaid and according to the true intent and meaning of these presents In witness whereof c. An Indenture of Apprentiship THis Indenture witnesseth That E. B. Son of J. B. late of c. of his free and voluntary will hath put himself Apprentice to R. W. C. and c. the Science or Trade which he now useth to be taught and with him after the manner of an Apprentice to dwell and serve from the Feast of c. unto the full end and term of c. from thence next ensuing and c. By all which term of c. the said Apprentice the said E. B. well and truly shall serve his Secrets shall keep close his Commandements lawful and honest every where he shall gladly do hurt to his said Master he shall not do or suffer to be done to the value of twelve pence or more by the year but shall let if he may or else immediately admonist his said Master thereof the Goods of his said Master he shall no inordinately waste nor them to any body lend At Dice or at any other unlawful Game he shall not
said J. H. well and truly satisfie and pay or cause to be satisfied and paid unto the said J. D. his Executors Administrators or Assigns at the said Brew-house all such Arrerages Debts Sum and Sums of Money as the said J. H. shall be found to be indebted and to ●●e unto the said J. D. his Executors or Assigns or any of them at the time of such decease of him the said J. H. without fraud or coven That then this c. or else to c. The End of the First Part. Part 2. A Deed of Joynture whereby Tho. N. in consideration of a Marriage intended between Tho. his Son and Sarah Mer. granteth and infeoffeth Lands to Friends in trust under a Proviso to be void upon Assurance of other Lands by John N. Heir of Thomas the Father of as good value and to the like uses THis Indenture made the first day of June in the year of our Lord God according to the computation used in England 1651. between T. N. of c. of the one part and I. I. H. E. and S. R. of the other part witnesseth That the said T. N. for and in consideration of Marriage already agreed upon and shortly by Gods Grace to be had and solemnized between T. N. second Son of the said T. N. and Sarah M. single-woman Daughter of M. N. late of c. deceased and for the love and affection which he beareth to his said Son and for a competent Joynture to be had and provided to and for the said Sarah and for provision of maintenance for her and for setling the Inheritance of the Lands and Tenements herein after-mentioned to such use and uses and upon such trusts and confidence as are herein declared limited or expressed and for divers other good considerations him moving hath granted enfeoffed released and confirmed and by c. unto the said I. I. H. and R. and to their Heirs and Assigns for ever all that Messuage or Tenement with the appurtenances situate c. and one Yard-land Meadow or Pasture to the said Messuage or Tenement belonging that is to say one Close c. and also all Houses Edifices Buildings Barns Stables Orchards Gardens Back-sides Courts void Grounds Lands Meadows Leasows Feedings Pastures Commons Woods Under-woods Trees Hedges Rowes Wayes Waters Ponds Pools Fishings Fishing-places Profits Commodities Hereditaments and Appurtenances whatsoever to the said Messuage Tenement Yard-land and Premises or any part or parcel thereof now or at any time heretofore belonging or appertaining and all Rents Reversions Remainders and Services of the said premises and every part thereof To have and to hold the said Messuage or Tenement and all and singular other the premises before mentioned meant or intended to be granted infeoffed and confirmed and every part and parcel thereof with the appurtenances to the said I. I. H. E. and S. R. to their Heirs and Assigns for ever to the only use intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say to the use and behoof of the said I. I. H. E. and R. S. and of their Heirs until the solemnization of the said Marriage between the said T. N. and Son and Sarah the M. and from and after the solemnization of the said Marriage to the use and behoof of the said I. I. H. E. and S. R. and of their Heirs for and during the natural life of the said Sarah and from and after the decease to the use and behoof of the said T. N. her Son for and during the term of his natural life and from and after the death of the said Sarah M. and T. N. to the use and behoof of the Heirs of the Body of the said Sarah M. by the said T. N. the Son begotten and to be begotten and for default of such Heirs to the use and behoof of the said T. N. the Son and of the Heirs of his Body and for default of such Heirs to the use of the said T. N. the Father and of his Heirs and Assigns for ever and the said T. N. the Father for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said I. I. H. E. and S. R. and every of them their and every of their Heirs and Assigns by these presents that he the said T. N. the Father at the time of the ensealing and delivery thereof is the true and lawful Owner of the Messuages Tenement and Premises and every part thereof and of and in the same and every part and parcel lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple and also that he the said T. N. the Father at the time of the ensealing and delivery hereof hath full Power good Right and lawful Authority to grant convey and assure the said premises and every part thereof to the said I. I. H. E. and S. R. their Heirs and Assigns in manner and form aforesaid according to the true intent and meaning thereof and that the said Messuage Tenement and Premises and every part and parcel thereof with the appurtenances now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the uses intents and purposes aforesaid and according to the true intent and meaning hereof clearly acquitted and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Statutes Recognizances Judgments Extents and of and from all other Titles Charges Troubles and Incumbrances whatsoever had made done committed or suffered to be done by him the said T. N. the Father or by any other person or persons whatsoever except one Indenture of Lease bearing-date c. made and granted of the premises by T. H. to the said N. H. and M. his Wise and to M. their Daughter for term of their Lives successively one after another at and under the yearly Rent of Forty shillings of lawful money of England quarterly to be paid by even portions and also except one other Lease or Indenture bearing date c. made and granted of the said premises by the said T. N. the Father of G. M. c. for One thousand years with a Proviso to be void upon payment made of certain sums of money at certain times therein mentioned whereof only one day is past and the money then due is paid and without any let interruption challenge claim disturbance or incumbrance of or by him the said T. N. the Father or his Heirs and without any lawful let or interruption challenge claim disturbance or incumbrance of or by him the said T. N. or any other person or persons claiming or to claim by or under him or his Estate Right Title or Interest except such as shall or may claim by or under the Leases before excepted or either of them and for the term thereby granted only and
of their Executors Administrators and Assigns repectively only for and during the continuance of the estate and estates term and terms interest and interests to be limited and expressed in such Lease Demise or Grant under such Rents Reservations Condition and Conditions Limitation and Limitations as in or by such Leases Demises or Grants shall be limited expressed or contained respectively according to the intent purport and true meaning of every such Demise Grant and Limitation and of the Reversion and Reversions Rents and Services reserved and depending upon the same Leases and Grants and also after the end and expiration of every such Demise Lease and limitation to be made and as the same shall respectively end and determine then from time to time of all and every such part and parts of the premises as shall be so demised leased or limited as aforesaid to the use of such person and persons and in such manner and form and of such Estate and Estates with such Remainder and Remainders over as are before herein and hereby limited appointed and declared and to none other use intent or purpose Provided likewise and it is further covenanted concluded condescended unto and agreed by and between the said Parties to those presents that if the said J. W. do and shall at any time or times hereafter in or by any Writing under his Seal and by him subscribed with his Hand in the presence of three or more Witnesses signifie and declare that he is minded to alter change revoke determine frustrate or make void all or any the uses or estates hereby made limited or appointed that then and from thenceforth all and every such use and uses estate and estates whereof or concerning which he shall so signifie or declare his said mind as aforesaid shall respectively be frustrated void revoked determined and of no force or effect only of for and concerning all such and so much of the said Mannor Rectory Farms Lands and Premises before herein mentioned whereof he the said J. W. shall so signifie and declare his mind as aforesaid and then and from thenceforth this present Feossment and Grant shall enure and be and the said A. B. C. D. c. and their Heirs shall stand and be seized of for and concerning all such and so much of the said Mannors Lands and Premises whereof or concerning which he the said J. W. shall so signifie and declare his mind as aforesaid to the only use of such person and persons and of and for such Estate and Estates and with such Remainder and Remainders thereof over and for upon and under such Conditions and Provisoes and in such manner and form as the said J. W. shall by any such writing or writings by him to be subscribed and sealed as aforesaid limit or appoint any thing in these presents contained or any other matter or cause to the contrary thereof in any wise notwithstanding In witness c. Note This precedent Deed was executed with Livery and Seifin and attornment the Livery being severally made in the several Counties aforesaid The Donor made his Will and thereby devised to the Mayor and Commonalty of B. several Annuities to be issuing out of the Lands granted by the precedent and appointed the same to be imployed to Charitable Uses and constituted Rachel his Wife Executrix and dyed without Issue The Executrix proved his Will THe Sisters and Sisters Children of the Donor as Heirs at Law question the validity of the Deed whereupon the Mayor Commonalty and Feoffees in trust exhibit their Bill in Chancery against the Co-heir and Executrix and afterwards the matter coming to the hearing by Decree the Deed and Uses are confirmed A Condition to pay money weekly THe Condition c. That if the within-bound A. B. C. D. E. F. and G. H. or any of them or the Executors Administrators or Assigns of them or any of them do truly pay or cause to be paid to the within-named M. P. and J. G. or either of them or to the Executors Administrators or Assigns of them or either of them at or in the c. the sum of 4 l. of c. in manner and form following that is to say every week weekly on the Saturday in every week one next and consequently ensuing another the sum of two shillings until the said sum of 4 l. shall be fully satisfied and paid the first payment thereof to begin and to be made on Saturday next being the twenty day of this instant Moneth of September within-written that then c. but if default shall be made of or in any of the payments that then c. A Condition to pay a sum of money and three years payment given THe Condition c. That if the within-bound J. W. his Executors Administrators or Assigns or any of them do truly pay or cause to be paid to the above-named J. P. his Executors Administrators or Assigns the sum of 7 l. and 10 sh of good and lawful money of England at or in the c. in manner and form following that is to say on the third day of Jan. which shall be in the year of our Lord 1632. 50 sh thereof on the third of Jan. which shall be in c. 1633. 50 sh more thereof and on the third day of Jan. which shall be in c. 1634. 50 sh residue of the said sum of 7 l. 10 sh without fraud or delay that then this c. but if default shall be made of or in any of the said payments in part or all then this c. A Condition to perform Covenants in a Lease and not to seek for a new Lease from the chief Landlord THe Condition c. That whereas the within-named M. H. by her Indenture of Lease bearing date the day of the date within-written hath leased unto the within-bound E. M. part of a Messuage or Tenement called the Peter and Paul scituate in Pater-noster-Row in the Parish of St. Michael at Quern in London from the Feast of the Nativity of St. John Baptist last past before the date within-written for the term of twenty one years as by the said Indenture of Lease may appear if therefore the said E. M. his Executors Administrators and Assigns and every of them do well and truly observe perform fulfil and keep all and singular the Covenants Grants Articles Conditions and Agreements specified and declared in the said Indenture of Lease which on his or their parts are or ought to be observed performed fulfilled and kept in and by all things according to the tenor purport effect and true meaning of the said Indenture And further if the said E. M. his Executors Administrators nor Assigns nor any other person or persons whatsoever for him or them or by his or their or any of their means occasion or procurement do directly or indirectly procure get or obtain or endeavour to go about to procure get or obtain any Lease or Grant from the Mayor Commonalty
the said R. O. at c. the said Writing or Release sealed and delivered as aforesaid being certified under the hands of two or three sufficient witnesses safe whole uncancelled and undefaced that then c. or else c. A Condition to suffer a mans Wife to make her Will. THe Condition c. That whereas the within-bound A. B. shall shortly by Gods Grace marry and take to Wife C. D. late the Wife of E. F. deceased and by reason and means of the said Marriage he the said A. B. shall be greatly preferred and advanced in substance and riches in consideration whereof if so be that the said A.B. after Marriage had and solemnized between him and the said C. D. do quietly permit and suffer the said C.D. if she fortune to decease before the said A. B. to declare and make her Will in writing or otherwise by word of mouth and in the same to give will and bequeath or otherwise to assign and dispose of at her free will and pleasure to and amongst her kindred friends and acquaintance or to any of them or to any other person or persons as to her shall be thought meet and convenient the sum of c. of c. And further If the said A. B. his Executors Administrators or Assigns or any of them upon reasonable request to him them or any of them to be made by any such person or persons to whom the said C. D. shall so give and bequeath any such sum or sums of Money extending no further than to the said sum or value of c. as is aforesaid do well and truly pay or cause to be paid all and every the said several sum and sums of Money Gifts and Requests so to be given and bequeathed by the said C. D. and in such manner as shall be by her appointed that then c. or else c. A Condition to Marry one by a day or else to pay a sum of Money THe Condition c. That if the within-bound A. B. do on or before the c. of c. lawfully espouse marry and take to Wife one E. K. the daughter of c. if she the said E. will thereunto assent and agree and the Ecclesiastical Laws permit and suffer the same But in case it shall happen the said E. K. and A. B. and either of them to die or decease before such Marriage had and soIemnized as aforesaid then if the said A. B. his Executors Administrators and Assigns do well and truly pay c. to the said E. K. her Executors or Assigns the sum of c. on c. at c. that then c. or else c. A Condition to be a true Prisoner THe Condition c. That if J. H. Merchant of St. Lucus which now is in the prison of the Kingdom of England under keeping of the Sheriff within-written as well by reason of writ of c. of the Statute of the Staple containing the sum of c. as also for other certain Actions Causes and Suits on the behalf of R. S. c. moved and commenced be from henceforth a true and faithful Prisoner tarrying and remaining with the said Sheriff and his Deputies till the same J. H. be fully discharged and acquitted of the said Actions and then content and pay to the said Sheriff c. all and singular costs charges fees and other duties in such cases heretofore accustomed to be paid that then c. or else c. A Condition to save harmless for being bound for the appearance of a man THe Condition c. That whereas the within-named O. P. at the special instance request and desire of the within-bound Sir E. G. by one Obligation bearing the date within-written standeth bound joyntly and severally with the said Sir E. G. and the within-bound A. M. unto R. H. and H. H. Sheriffs of the City of London in the sum of c. of c. with a Condition there-underwritten for the appearance of the said Sir E. G. before the Justices of the Court of Common-Pleas at Westminster on c. next c. to answer to C. G. of a Plea of Trespass as by the same Obligation and Condition thereof more at large appeareth If therefore the said Sir E. G. do according to the tenor and true meaning of the Obligation and condition above-recited appear before the said Justices of the said Court c. on the day in and by the condition of the said Obligation limited and appointed for his appearance to answer unto the said C. G. of a Plea of Trespass And also if the said Sir E. G. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit discharge or save and keep harmless the said G. P. his Heirs c. and his and their Goods and every of them against the said Sheriff of the City of London and against all other persons whatsoever of and for the said Obligation and Condition above-recited and penalty of the said Obligation contained and every part and parcel thereof and of and from all Actions Suits Judgments Executions Condemnations Damages and Demands touching or concerning the same that then c. or else c. A Condition wherein the Factor is truly bound to serve the Merchant and no other THe Condition c. That if the within-bound J. O. do from the day of the date within-written unto the end and term of four years from thence next ensuing and fully to be compleat and ended well truly and faithfully serve the within-named L. S. and his Assigns in the Trade and Traffick of Merchandizes as well in this Realm of England as in any other parts beyond the Seas and also if the said J. O. at all times hereafter and from time to time during the said term of Four years upon the reasonable request of the said L. S. his executors administrators or assigns to be made to the said I. O. do make yield and deliver unto the said L. S. and his assigns as from any other person or persons by his or their assigns notes and rest of all such Sum and Sums of Money as shall appear upon the foot of every such accompt or reckoning as shall be so yielded made and delivered by the said I. O. to the said L. S. his executors administrators or assigns in form aforesaid And further if the said I. O. at any time hereafter during the said term of Four years as the said I. O. shall be Factor Doer or Agent to the said L. S. and his assigns by any manner of wayes or means do not traffique or merchandize or the affairs or businesse of any manner of person or persons whatsoever other than the said L. S. and his assigns without the special licence consent will knowledge and agreement of the said L. S. his executors administrators or assigns thereunto first had and obtained in writing under his and their hand
persons whom I shall think good nominate or appoint notwithstanding the said Marriage shall take effect should and might have the full and free disposing of the Sum of one thousand pounds of lawful money of England and of the benefit and profit thereof and of every part thereof from time to time and at all times ensuing the said Marriage and to that end intent and purpose he the said R. T. by the said Indenture did for himself his Heirs Executors and Administrators covenant promise grant and agree to and with the said W.H. T.N. J.A. and N.M. and every of them and the Executors and Administrators of them and every of them that he the said R.T. his Executors Administrators or Assigns or some or one of them should well and truly satisfie pay and deliver or cause to be satisfied paid and delivered unto the said W.H. T.N. J.A. N.M. or to the Survivors or Survivor of them or to the Executors Administrators or Assigns of such Survivors or Survivor the full Sum of a thousand pounds of lawful money of England upon or before the first day of May which shall be in the year of our Lord God 1636. if I the said E. shall be living on the said first day of May or within two years next after the death or decease of me the said E. or within three months next after the death or decease of the said R.T. at such of those cases which shall first and next happen come or ensue after the date of the said Indenture to be imployed and disposed of to such person and persons and to and for such use uses intents and purposes according as I the said E. should at any time or times then following during my life think good order appoint give limit devise or dispose of the same or any part or parts thereof or otherwise according to the intent and true meaning of the said Indenture And it was hereby further covenanted granted concluded and agreed upon by and between the said parties to the said Indenture and the said R.T. did thereby for himself his Heirs Executors and Administrators and for every of them covenant promise and grant to and with the said W.H. T.N. J.A. and N.M. and every of them and the Executors and Administrators of them and every of them that the said Sum of one thousand pounds and every part and parcel thereof should or might from time to time be quietly had taken received and enjoyed unto and by such person and persons whom I the said E. should at any time or times during my life think good limit give devise order appoint or dispose of the same one thousand pounds or any part or parts thereof either by my last Will and Testament in writing or by any writing purporting or intending to be my last Will and Testament or by any other writing to be signed with my hand or to which my mark should be put in the presence of two or more credible persons as witnesses thereunto as in and by the said Indenture among other Covenants at large appeareth which Marriage by the grace of God sithence the making of the said Indenture was solemnized and consummated and no declaration as yet hath been by me made concerning the disposing of the said one thousand pounds or any part thereof when it shall be due and payable Now this present Writing witnesseth and declareth That I the said E. T. hereby expresse my Will Mind concerning the said one thousand pounds when it shall become due or be paid as aforesaid to be as followeth that is to say If my said Husband R.T. be then living and will become bound for himself his Heirs Executors and Administrators by three several Obligations of one thousand Marks apiece unto them the said W.H. T.N. J.A. and N.M. or the Survivors or Survivor or any them or the Executors and Administrators of such Survivors or Survivor respectively and severally conditioned for the payment unto them of three several equal parts of the said one thousand pounds at the three such several and respective times or dayes as my three Children by my former Husband shall attain to the Ages next hereafter mentioned that is to say K.M. to the age of twenty years and T. and W. M. shall attain or come to their several ages of Twenty one years that then the said W.H. T.N. J.A. and N. M. and the Survivors and Survivor of them and the Executors and Administrators of such Survivor shall upon such Obligations entred into as aforesaid quietly suffer him the said R.T. to detain in his hands the said one thousand pounds and every part thereof untill such several dayes and times as the same shall be payable by the several Conditions of the said Obligations so to be entred into by him as aforesaid without paying or allowing any interest or consideration for the same and the said one thousand pounds so payable by such Obligations or Conditions of them and by me dispensed withall as aforesaid or otherwise sooner payable by the said recited Indenture if my said Husband shall die viz. within three moneths after his death in which case of the death of my Husband I do give no manner of dispensation for the payment thereof I do hereby also concerning the same expresse assign and appoint if I shall not otherwayes hereafter declare and appoint that is to say that the said one thousand pounds and the whole proceed thereof not disposed of as aforesaid shall be come and redound to and for the use and benefit of my said three Children for them severally and respectively to have and receive immediately after and upon their several ages above-mentioned by such several and equal third parts as aforesaid Provided alwayes and it is my meaning and I do hereby appoint That if any of my said Children shall happen to die before any of their several and respective ages above-mentioned that then such third part of the said thousand pounds as should otherwise have been payable unto such Child shall remain and be paid by equal portions unto the Survivors of them and if one of them onely survive and the other two both of them happen to die before such their several ages then both the parts hereby allotted unto them shall wholly accrue and come unto such surviving Child only And if all my said Children shall dye before they come to their said several ages then my will and meaning is That the said one thousand pounds and the whole proceed thereof shall come and be paid unto my loving Husband before-named his Executors c. if I shall not otherwise hereafter dispose of the same according to the power and authority to me reserved given and appointed by the said recited Indenture In witnesse c. An Indenture reciting a Lease for a year and a Grant of a Reversion upon a trust to several uses reserving power to make Leases and to revoke the trust THis Indenture made c. between A.B. and C. D. of
wives their Executors or Administrators to whom any such the goods chattels money plate or jewels shall fortune to grow or come shall divide the same into four equal and several parts and shall retain to his or their use one part thereof and the other three parts shall be severally delivered unto the other three parties to these Indentures to their several Executors or Administrators equally within two moneths after they shall fortune to have or come by the possession of any such goods chattels plate jewels money c. In witnesse c. A Defeazance upon a Statute excellently well penn'd it being for the payment of Two thousand pounds at the end of six moneths and of 200 l. per annum during life THis Indenture made the c. day of c. in the c. of our Lord God c. between B. P. of London Widow of the one part and W. P. of London aforesaid Esquire Son unto the said B. of the other part Whereas the said W. P. hath lately sold and conveyed the Mannor of L. in the County of W. and divers Lands thereunto belonging unto Sir W. P. Knight and the said B. P. hath joyned with him the said W. L. in the Fine thereof levied part of which said Mannor and Lands of the value of 200 l. per annum were heretofore setled and assured upon her the said B. for her life for her Joynture by W. P. Esquire deceased her late Husband and whereas the said W. P. is indebted to the said B. the Sum of Two thousand pounds of lawful money of England which hath remained in his hands for some years last past and by agreements between them the said W. P. hath hitherto paid the Sum of 200 l. per annum as interest or consideration for forbearance of the said Money and is still to pay the like Sum so long as the 2000 l. shall remain in his hand And whereas also the said W. P. by one Recognizance or Writing Obligatory of the nature of a Statute of the Staple bearing date the first day of this instant Moneth of April taken and acknowledged before Sir J. B. Knight Lord Chief Justice of the Court of Kings Bench at Westminster according to the form of the Statute in that case made and provided for the recovery of debts standeth bound unto the said B. P. in five thousand pounds of lawfull money of England payable as by the said recited recognizance or writing obligatory more plainly may appear Now this Indenture witnesseth that the said B. P. is contented and pleased and doth for her self her Executors and Administrators covenant promise grant and agree to with the said W. P. his heirs Executors Administrators and Assigns and to and with every of them by these presents That if the said W. P. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid to the said B. P. or her Assigns the sum of 200 l. of lawfull money of England yearly for and during the natural life of her the said B. at two usual Feasts or terms in the year that is to say the Feasts of St. Michael the Arch-angel and the Annunciation of the blessed Virgin Mary by even and equal portions or within one and twenty dayes next after either of the said Feasts the first payment thereof to begin at the Feast of c. now next ensuing or within 21 dayes next after the said Feast And likewise if the said W. P. his Heirs Executors or Administrators or any of them do and shall well and truly pay or cause to be paid to the said B. P. her Executors or Administrators or Assigns the sum of two thousand pounds of lawfull money of England within six months next after notice or warning given to that purpose to the said W. P. his Heirs Executors or Administrators by any writing to be subscribed and sealed by the said B. P. her Executors or Administrators in the presence of two credible witnesses or more and shall in the mean time until the payment of the said 200 l. pay or cause to be paid unto the said B. her Executors Administrators or Assigns after the rate of One hundred pounds per annum according to the Agreement aforesaid the same to be paid by 50 l. every half-year and the first payment thereof to be made on the Feast-day of c. or within one and twenty dayes next after the said Feast now next ensuing the date thereof that then the said recited recognizance or writing obligatory shall be void and of none effect or else the said W. P. for him his Heirs Executors and Administrators covenanteth willeth and granteth by these presents that the said recognizance or writing obligatory shall stand and remain in full force and vertue An Assignment of a Statute by an executor to two of the Creditors of the Testator in lieu and satisfaction of their Debts of the same value singularly well dra●n THis Indenture made c. between I C. of the Inner-Temple London Esquire Son and Administrator of the Goods and Chattels of W. C. late Citizen and Scrivener of London Deceased of the one part and M. W. of London Widow and H. I. of London Gentleman of the other part Whereas the said W. C. at the time of his death stood indebted unto the said M. W. in the Sum of 100 l. principal debt and to the said H. I. in the sum of 200 l. principal debt besides interest of the said debts And whereas Sir T. P. of N. in the C. of D. Knight in and by one recognizance or statute in the nature of a statute-staple bearing date the 20 day of July in the ninth year of the Reign of the late King Charles and made according to the Statute made and proceed for recovery of debts taken and knowledged before Sir R. H. Knight then Lord Chief Justice of his Majesties Court of Common-Pleas at Westminster is and standeth bound unto the said W. C in the sum of six hundred pounds of lawfull money of England payable at the Feast of Saint James the Apostle then next ensuing as by the said Statute more at large appeareth Now this Indenture witnesseth that the said J. C. for and towards the payment and satisfaction of the said debts due unto the said M. W. and H. I. hath given granted assigned and set over unto the said M. W. and H. I. 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 and prosecuted upon the same in as large and ample manner and form as he the said J. C. hath or at any time hereafter may or might have by force of the said Statute And further the said J. C. doth by these presents constiture authorize and make the said M. W. and H. I. his true and irrevocable lawful Atturney and Atturneys joyntly and severally to s●e prosecute all manner
of actions sutes demands executions in and upon the said Statute or Recognizance in the name of the said J C. his Executors or Administrators and to receive or recover the said sum of 600 l. in the said Statute mentioned and all other sum and sums of money 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 all such Counsellers and Atturneys for the executing of the said sutes extents and executions as shall be required for the following and furthering of the same and to do and execute all and every other lawfull Act and Acts whatsoever which shall be meet and expedient in and about the premisses and the said J. C. doth for himself his Executors and Administrators covenant promise and grant to and with the said M. W. and J. H. that he the said J. C. his Executors and Administrators shall and will permit suffer allow justifie and maintain all such lawfull actions sutes extents and executions as the said M. W. and H. I. or any of them their Executors or Assigns shall will sue or prosecute for the levying taking and receiving of the said sum of 600 l. contained in the said Statute in the name of the said J. C. his Executors or Administrators and that all sum and sums of money recoveries and executions to be had and obtained upon the same by any Sute Action or Execution or otherwise shall be to the only use of the said M. W. and H. I. to be divided betwixt them proportionably according to their several debts in as large and ample manner and form as the said J. C. might have had the same and that the said J. C. hath not nor he his Executors or Administrators shall not 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 act or acts in prejudice of the same And further that he the said J. C. his Executors and Administrators shall at any time during the space of two 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 M. W. and H. I. their Executors Administrators and Assigns to the only use and behoof of them the said M. W. and H. I. as aforesaid upon reasonable request and at the costs and charges in the Law of them the said M. W. and H. I. their Executors Administrators or Assigns all such reasonable 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 M. W. and H. I. or either of them their Executors Administrators or Assigns or their or any of their Counsel learned in the Law discharged of all incumbrances done by the said J. C. his Executors or Administrators In witnesse c. PRESIDENTS FOR Bills Answers Replications Demurrers Rejoynders c. in Chancery A Bill to be relieved against Bonds being but a Surety and for obtaining an Injunction To the Right Honourable Sir Orlando Bridgeman Knight and Baron● Lord Keeper of the Great Seal of England IN all Humbleness Complaining sheweth unto your good Lordship your daily Orator J. S. c. That whereas about a year now last past your said Orator having but lately before attained to his full Age of 21 years and being in possibility of good means from his Father was inveigled and drawn in by one J. H. of I. Goldsmith and one G. B. whom the said H. used for his Instrument therein and did at their solicitations and perswasions and upon their promises to supply your Orator with Money for his then present occasions enter into and became bound together with the said B. and one I. I. then a stranger to your Orator unto the said I. H. in and by two several Bonds of Obligations the one●● them bearing date in or about c. being of the penalty of 20 〈◊〉 with condition for the payment of 100 l. or thereabouts at S●● Moneths then following or some other time in the said Conditio● mentioned now long since past and the other of the said Bon●● bearing date c. at the time of entring into which said Bonds yo●● Orator was confidently told and promised as well by the said G. B. as by the said J. H. that he your said Orator should have for 〈◊〉 own use all or the greatest part of the Money mentioned in th● several conditions thereof and that he should not be compelled 〈◊〉 repay unto the said J. H. any more Money but only so much as he should receive upon the Security of the said Bonds and the interest thereof after the rate allowable by the Statute and that he should not be troubled with any payment untill he well were enabled by his Fathers means to discharge it which moved your Orator the more willingly to enter into the said Bonds he presuming that he should have had his want of ready Money supplied thereby but after your Orator had entred into sealed and delivered the said Bonds he could not get nor did receive of or from the said J. H. the Obligee or any other any Money at all or other thing whatsoever nor was there any Money at all or other thing of any value disbursed paid or delivered by the said J. H. upon for or in respect of the said Bonds so entred into or either of them but if any Money or Commodities were disbursed or delivered for or upon the said Bonds then was it of small value and that received only by the said G. B. who either converted the same unto and for his own private use or else paid it back and restored it to the said J. H. or whatsoever it were howsoever disposed of yet had not your Orator ever any penny or part thereof and thereof your Orator presumed he should not have been any way troubled sued or molested upon or by reason of the said Bonds or either of them he having not received the Money or any part thereof for which the same were intended nor any consideration at all for or in respect of such intended nor any consideration at all for or in respect of such his entring into the said Bonds but was greatly disappointed for want thereof to his no small hindrance as was and is well known both to the said J. H. and G. B. whom after the entring into the said Bonds your Orator often solicited for the Money thereupon promised unto him and they as often delayed him with promises thereof but to this day your Orator never had nor could get from them or either of them any money commodities or other considerations whatsoever and so was meerly abused by them therein Yet now so it is may it please your good Lordship that the said J. H. and G. B. intending to make a prey of
the said E.M. the day of the date hereof hath freely given and delivered unto the said R.A. the sum of c. to the intent and purpose that he the said R.A. shall accept and take into his service to be imployed in merchandizing affairs W.M. son of her the said E. M in consideration whereof but more especially at her request and of the affection that the said R.A. beareth to the said W.M. he the said R.A. is contented and agreed to accept and take the said W.M. to be his servant in merchandizing affairs and other businesses and accordingly to imploy him therein not only in England but in the parts beyond the Seas where the said R. A. now tradeth or hereafter shall trade and that for the terme or space of Seven years to be accompted from c. next ensuing the date of these presents c. and thereupon the said E.M. for her self her executors and administrators doth covenant and grant to and with the said R.A. his c by these presents that the aforesaid W.M. her son shall during all the said term if he so long live well diligently faithfully to the uttermost of his power and skil serve him the said R.A. in the Trade of merchanding and other his affairs at such place or places either beyond the Seas or on this side where the said R.A. shall design and appoint him and with out absenting himself out of his said service or imployment or neglecting the same that he the said W.M. at all times hereafter during the said term shall from time to time not only receive and take into his charge and custody all and every such goods and merchandizes whatsoever as by or for the use or account of the said R.A. shall be consigned or sent to him the said W.M. but also sell utter and dispose of the same goods or merchandizes to the most profit he can for the said R.A. his c. shall also from time to time and at all times during the said term follow and perform all and every such advice directions orders and Commissions as the said R.A. shall by Letter of advice or otherwise give send or make known to him the said W.M. in about or concerning the Factory or Merchandizing aforesaid and also that he the said W.M. shall at the charges of the said R.A. his c. provide and keep in due orderly manner books of Accompt touching his said employments in Merchandizing as aforesaid according to the custom of Merchants in such cases used and shall deal justly truly plainly faithfully to and with the said R.A. his c. in all and every his accompts reckonings bargains buying selling doings and dealings in and about his said employment in merchandizing as aforesaid and shall from time to time once in every six months or oftener transmit and send unto the said R.A. his c. true accompts and reckonings of all the businesses and dealings of the said W M. in the premisses and shall also send Letters of advice of the said R A. so often as conveniently he may or can of all matters and occurrences that shall necessarily arise concerning his service or imployment and shall also return and come to England and bring all his books of accompts with him whensoever he shall be thereunto advised and required by the said R.A. his c. by Letters missive or otherwise and that the said W.M. shall from time to time upon every reasonable request not only shew forth all his books of accompts concerning all his doings and dealings as aforesaid and make and give unto the said R.A. his c. a just true plain and perfect accompt and reckoning in writing of for and concerning all and every such goods wares money debts and Merchandizes whatsoever as well of the said R.A. for his own proper use or joyntly with any others which shall hereafter come to the hands charge or factory of him the said W.M. or for which he the said W. M may or ought to be accomptable unto the said R.A. his c. And moreover that he the said W M. shall within c. next after the making and giving up every such accompt as aforesaid well and truly satisfie pay and deliver unto the said R.A. his c. all every such goods wares monies debts merchandizes specialties and other things whatsoever as by or upon the foot of the same account shall appear of be found to be due coming or belonging to him the said R. A. his c. by or from the said W.M. in any manner of wise Item the said E.M. for her self c. doth covenant promise and agree to and with the said R.A. his c. by these presents that she the said E.M. her c. at her and their own proper costs and charges shall and will find provide and allow unto and for her said Son decent and fitting linnen woollen and all other apparrel of all sorts fitting for him in his service and employment during the said term Item the said R.A. doth covenant c. to find and provide unto the said c. competent and fitting meat drink washing and lodging and all other necessaries apparel only excepted during all the said term In witness c. Bonds must be entred into for performance of the Articles aforesaid The End of the Second Book PART III. A Deed for the Revoking of a Bargain and Sale if so much meney be paid THis Indenture made c. in the Fourteenth year of the Reign of our Soveraign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Anno Dom. 1662. between Sir I. S. of c. of the one part and I. C. c. of the other part whereas the said I. C. by his Deed indented under his hand and seal bearing date c. for the consideration therein mentioned did alien bargain sell enfeoff and confirm unto the said Sir I. S. and his heirs All that the Mannor and Lordship of G. in the County of c. with all the rights members and appurtenances thereunto belonging together with all such other things as in the said Deed are expressed and contained as thereby doth and may more fully appear Now witnesseth this present Indenture and the said Sir I. for himself his Executors Administrators and Assigns and for every of them doth Covenant promise and grant to and with the said I. C. his Heirs Executors Administrators and Assigns and every of them by these presents that if the said I. C. his Heirs Executors c. shall pay c. unto the said Sir I. S. c. the sum of c. that then the said Deed of Bargain Sale shall be void frustrate and of none effect or force in the Law to all intents and purposes And that then also the said Sir I. S. his Executors c. immediatly after the payment of the said sum of 2392 l. to the said
the said Lands are or may be charged and for saving him harmless from all damages whatsoever which may or might at any time hereafter happen to fall upon the said T. G. his Heirs or Assigns or or upon any of the said lands and premisses of any other the Lands of the said T.G. for or by reason of any the debts of the said I.C. and W. C. his deceased father or either of them and whereas the said T.G. at the time of the ensealing of the presents at the request of the said R.I. hath paid the said sum of 628 l. to the said I.C. and R.I. or one of them or to such as were appointed by them or one of them to receive the same Now that the said R.L. and I.C. have received the said sum of 628 l. of and from the said T.G. the receipt whereof they do hereby acknowledge and that the same in the last payment and in full satisfaction of and for all the Lands Tenements and Hereditaments which the said I. C. had in the County of O. and which the said T. G. purchased and thereof and of every part and parcel thereof they do clearly and absolutely acquit and discharge the said T. G. his Heirs Executors and Administrators for ever by these presents And in consideration of the premisses the said R. I. and I. C. do for themselves joyntly and either of them for himself severally doth covenant promise and grant to and with the said T.G. his Heirs Executors and Assigns that they the said R.I. and I.C. shall and will from time to time and at all times hereafter save defend and keep harmless the said T.G. his Heirs Executors and Assigns and also all the said Lands and Premisses in C. aforesaid or elsewhere in the County of O. so purchased by him the said T.G. and all others his Lands Tenements Goods and Chattels of and from all loss and damage whatsoever which shall happen arise or befall for or in respect of any the debts of the said W.C. and I.C. or of either of them In witness c. A Proviso to be inserted in a Lease or a power of Revocation reserved PRovided always That if the said c. his Executors or Administrators or any of them shall at any time hereafter pay or tender unto the said W.W. his Executors c or to any other person or persons whatsoever to and for the use of the said W.W. his c. the sum of 12 l. of lawfull money of England to the intent to make void this present Lease and Demise and shall express and declare such his her or their intention either by word or writing that then and from thenceforth this present Lease and Demise shall cease and be void In witness c. A Presentation of a Minister to a Living decording to the Form now used TO all Christian People to whom this present Writing shall come we A.B. and C.D. the true and undoubted Patrons of the Vicaridge or Parish-Church of C. in the County of S. send greeting for as much as the said Vicaridge or Parish-Church is lately by the death of E.F. the late Incumbent there become void and in our full right of Presentation we do therefore hereby present you G. H. Clerk Mr. of Arts unto the Church of C. aforesaid and to the Vicaridge thereof to have hold and enjoy the same with all and every the rights members and appurtenances thereunto belonging according to several former and late Acts of Parliament in this case provided doing and performing the duties of a Pastor belonging to the said Church In witness whereof we have hereunto subscribed our names and set our seals this _____ day of _____ in the Year of our Lord God One thousand six hundred and fifty two A Lease of a Parsonage impropriate for three lives upon surrender of a former Lease with extraordinary Covenants with a Letter of Atturney to deliver possession together with the Execution thereof endorsed THis Indenture made the 5th day of March in the Year of our Lord God 1651. Between R.S. of the City of Oxford Gent. of the one part and W.P. of London Esq of the other part Witnesseth that the said S. W. for divers good causes and considerations him hereunto moving and especially in consideration of a Surrender made to the said W.C. of a Lease now in being for three lives bearing date the 28. of March in the Sixth year of the Reign of the late King Charles made by I.S. father of the said W.S. party to these presents deceased to Sir H.M. deceased of the parsonage of Bray and other things hereafter in these presents mentioned hath demised granted and to farmlet and set to the said W.P. the scite of the parsonage of Bray in the County of B. and all the houses upon the said scite builded arable Lands Meadows Leasows and Pastures Demesnes as well in several as in common to the said Parsonage belonging and all the Rents of all the Tenements of the said W. S. as well Freeholders as Customary Tenants and all the Tithings of Corn and Hay to the said Parsonage belonging with all other the profits and commodities to the said Parsonage belonging or appertaining except and to the said W.S. and his Heirs and Assins alwayes reserved all Wards Marriages Reliefs Escheats Fines Heriots Amerciaments Woods and Underwoods and the Advowson of the Parish-Church of Bray when and as oft as it shall be void To have and to hold the said scite of the Parsonage aforesaid and all the said Houses Lands Meadows Leasows Pastures Tithes and other the premisses with all and singular the commodities and profits thereunto belonging with their appurtenances except before excepted to the said W. P. his Executors Administrators and Assigns for and during the lives of the said W.P. and M.P. his wife and T.P. Son of the said W.P. and for and during the natural life of the longer liver of them or any of them yielding and paying therefore yearly during the said Term unto the said W.S. his Heirs and Assigns Four pounds of good lawfull money of England at four Feasts or Terms of the year That is to say at the Feast of Saint Thomas the Apostle the annuntiation of the blessed Lady Saint Mary the Virgin the Nativity of Saint John the Baptist and St. Michael the Arch-angel by even and equal portions and if it happen the said yearly rent of Four pounds or any part or parcel thereof to be behind and unpaid after any of the said Feasts above limited for payment thereof during the said Term by the space of one month that then it shall be lawfull to and for the said W.S. his Heirs and Assigns into the the said scite and all other the premisses to enter and distrain and the distresses there taken to lead drive and carry away and do detain in the same till the said Rent and the Arrerages thereof if any shall be they shall be fully satisfied and contented and if
by force thereof stand and be seized of the Messuage or Tenement Close Lands Meadows and Premisses To suffer a Recovery untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Lands Meadowes and Premisses according to the course of common Recoveries for assurance of Lands and Tenements in such cases used And it is hereby fully declared and agreed by and between all the parties to these presents That after the said Fine or Fines so to be levied of the said Messuage Lands and Premisses as aforesaid he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T.M. one or more Writ or Writs of Entry sur Disseisin in le post returnable before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster by which he the said H.H. shall demand against him the said T.M. all and every the said Messuage Lands Meadows and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six acres of Meadow six acres of Pasture and Common of Pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names quantity or number of Acres as to the said H. H. shall seem meet To which Writ or Writs the said T. T. shall appear gratis and shall enter into the Warranty and shall vouch to warranty the said T.B. party to these presents who also shall appear and enter into the warranty and shall vouch over the Common Vouchee who also shall appear and enter into the warranty for the said Premisses and after make default so that a good and perfect Common Recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Close Lands Meadows and Premisses according to the course of Common Recoveries in such cases used And it is hereby further declared concluded The declaration of the use expressed and agreed by and between all the Parties to these presents And the true intent and meaning of all the parties to these presents and of these presents is That after the said Recovery suffered and executed of and for the said Premisses or any of them as well the said Recovery as also the said Fine and all Fines and Recoveries suffered and levied or to be suffered levied or acknowledged by or between the said parties to these presents or any of them of and for the premisses or any of them shall be and enure and hereby and by all the parties to these presents are and shall be adjudged deemed and taken to be and enure To the only proper use and behoof of the said T. B. party to these presents and of his heirs and assigns for ever And to none other use intent or purpose whatsoever In witness whereof the parties abovesaid c. A Re-demise of Lands Mortgaged THis Indenture made c. between T. L. of c. on the one part and J. M. of c. and G. M. of c. on the other part Whereas the said J.M. and G. M. by their Indenture of Lease Recital of the Mortgage bearing date c. for the considerations therein expressed did demise grant bargain set and to farm-let unto the said T. L. his Executors and assigns all that the Mannor of L.G. and P. with the appurtenances in the said County of M. and also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasows Pastures Feedings Wayes Wasts Wast-grounds Commons Commodities Moors Marshes Woods Wood-grounds Underwoods Waters Water-courses Ponds Pooles Liberties Fishings Advowson and Patronage of the Church of L.G. and P. aforesaid Rents Reversions Services Escheats Fines Amerciaments Court-Leets Views of Frankpledge and Profits of Courts and all that to Courts and Leets belongeth Chattels Wafes Estrayes Goods and Chattels of Felons and Fugitives Customes Rights Jurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with their appurtenances of whatsoever kind nature or quality soever or by whatsoever name or names they are called or known by scituate lying and being coming renewing arising or growing in L. G. and P. aforesaid H. Y. and Z. or within any of them or elsewhere in the said County of M. to the said M. Messuages Lands Tenements Meadows Feedings Pastures and other the Premisses or to every or any of them in any wise belonging or appertaining or incident or dependant thereunto or as part parcel or member thereof or at any time thentofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof with their and every of their Rights Members and Appurtenances To ha●● and to hold the said Mannors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Rights and Appurtenances unto the said T. L. his Executors and Assigns for the term of 99 years next ensuing the date of the said recited Indenture of Lease fully to be compleat and ended by and under the yearly rent of a Pepper-corn at the Annunciation of our Lady St. Mary the Virgin if it were lawfully demanded as by the said Indenture of Lease amongst other things therein contained it doth and may appear Now this Indenture witnesseth The re-demise That the said T. L. for divers good causes and considerations him moving hath demised set and to Farm-letten and by these presents doth demise set and to Farm-let unto the said J.M. and G. M their Executors and Assigns the said Manors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Appurtenances in the said recited Indenture of Lease mentioned To have and to hold the said Mannor The Habendum and all other the Premisses with their and every of their appurtenances unto the said J. M. and G. M. their Executors and Assigns for the Term of 98 years and 10 moneths next ensuing the date thereof Yielding and paying therefore yearly during the said term unto the said T. L. his Executors and Assigns one Pepper-corn at the Feast of Proviso to pay money c. if it be demanded Provided alwayes and upon Condition That if the said J. M. and G. M. their Heirs Executors Administrators and Assigns or some of them shall not well and truly pay or cause to be paid unto the said T. L. his Executors or Assigns the summe of xx pounds of currant money of England on and upon the Twenty fifth day of M. next ensuing the date hereof and also the sum of 500 pounds of currant money of England on and upon the twenty fifth day of M. which shall be in the year of our Lord God 1632. that then from and after default of payment of the said several Sums or either of
Executors Administrators and Assigns from the Feast of St. Michael the Arch-Angel next ensuing the date hereof for the term of fifteen years from thence next ensuing fully to be compleat and ended Reddendum Yielding and paying therefore to the said T. L. his heirs executors and assigns at the Feast of c. the Rent and sum of 13 pound of currant money of England and one couple of good fat Capons And also yielding and paying at the Feast of St. c. the ●ent or sum of 15 pounds and 9 shillings of currant money of England and also from and after the Feast of St. c. Yielding and paying yearly and every year during the said term the sum of 30 pounds and 18 shillings of currant money of England at the Feasts of c. by even and equal portions and one couple of good fat Capons yearly and every year or five shillings in lieu thereof at the Election of the said T. L. his Heirs Executors and Assigns at the Font-stone in the Inner Temple Church London And if it shall happen the said yearly Rent or sums of money or any of them The Distress to be behind and unpaid next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid that then at all times it shall and may be lawful to and for the ●aid T. L. his heirs executors and assigns and every of them to enter into and upon all and every or any the demised premisses and to distrain for the same and the arrerages thereof if any happen to be and the distress and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rents and every of them and the arrerages thereof if any happen to be unto the said T. L. his Heirs Executors and Assigns shall be contented and paid Provided alwayes and upon condition Proviso to re-enter for non-payment of rent That if the said yearly Rents hereby reserved or any of them shall be behind and unpaid by the space of thirty dayes next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then and at all times from thenceforth it shall and may be lawful to and for the said T. L. his Heirs Executors and Assigns and every of them into and upon all and every the Demised premisses to re-enter and the same to have again retain re-possess and enjoy as in his and their first and former estate and right this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding And the said R. L for himself his heirs executors and administrators and for every of them doth Covenant and Grant to and with the said T. L. his Heirs Executors and Assigns and every of them by these presents that he said R. L. his Executors and Assigns at any time or in any year during the said term shall not Not to cross-crop not will Cross-crop the demised premisses or any part thereof And also that he the said R. L. shall and will yearly during the said term in Husband-like manner lay on and bestow upon the premisses or some part thereof as much Compost and Dung as the Stover and Fodder growing on the premisses will or may make To pay Duties and also shall and will during the said term bear pay and discharge all manner of payments and Duties whatsoever that shall or may any ways grow due or payable for or by reason of the Demised Premisses or any of them to the Kingdom or otherwise and thereof and therefrom shall and will acquit and discharge the said T. L. his Heirs Executors and Assigns And also that he the said R. L. his Executors and Assigns from time to time and at all times during the said term The Repair shall and will well and sufficiently make amend keep cleanse and scour all and every the hedges ditches pales gates stiles fences and mounds upon and about the Demised premisses and every of them and the same being well and sufficiently made amended kept cleansed and scoured in the end or other sooner determination of the term hereby Demised shall and will leave and yield up unto the said T. L. his Executors and Assigns Not to assign without License And also shall not nor will Demise grant assign or let the premisses or any part or parcel thereof or depart with his estate therein to any person or persons whatsoever without the License and consent of the said T. L. his Heirs Executors and Assigns under his or their hands in writing therefore had and obtained And also shall and will pay all and every the yearly Rents and Sums of money hereby reserved according to the Reservations aforesaid And the said T. L. for him The Lessee to enjoy performing Covenants his Heirs Executors and Assigns and every of them doth Covenant and grant to and with the said R. L. his Executors and Assigns by these presents That he the said R. L. by and under the Rents Covenants and Agreements herein contained and on his and their parts to be paid done and performed shall and may during the said term quietly and peaceably have hold occupy and enjoy all and every the Demised premisses except before excepted without the let sute trouble molestation interruption or Eviction of him the said T. L. his Heirs Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said T. L. his Estate or Title In witness whereof c. An Assignment of a Lease forfeited upon a Mortgage THis Indenture made c. between I. S. of P. and G. E. c. on the one part and T. L. of c. on the other part Whereas the said I. S. by his Indenture of Lease Reciting of the Lease bearing date the 24th of May in the Twelfth year of the Reign of our said Soveraign Lord that now is for the Consideration therein expressed did Demise and grant unto the said G. E. all those parcels of Land arable Pasture and wood-ground lying and being in E. in the County of M. hereafter particularly mentioned That is to say one parcel of Arable containing by estimation 4. Acres c. together with free liberty of ingress egress and regress way and passage into and from the same several Lands and Premisses and every of them And also all other the lands tenements hereditamants whatsoever of him the said I. S. in E. aforesaid and to him the said I. S. and his heirs bargained sold by M. F. widow by Indenture dated the c. and inrolled in his Majesties Court of Chancery and the Reversion and Reversions Remainder Remainders of all and every the Demised premisses and every of them and all Pastures Feedings Commons Woods Under-woods Wayes
the said J. B. and the said J. L. at the time of executing the said Conveyance as in part of the bargain for the said Messuage and Lands that the said I. B. shall make a Lease of the said Messuages and Lands unto the said I. L. E. his wife and the said I. his son for their lives successively at the yearly Rent of 4. pounds per annum The Consideration Now this Indenture witnesseth That the said I. B. being about the age of 28. years as well in performance of the said agreement on his part made aforesaid and of the yearly Rent hereby reserved and for other good causes and considerations him moving Hath demised The Demise set and to farm-letten and by these presents doth Demise set and to farm-let unto the said J. L. E. his wise and the said I. all that the foresaid Messuage or Tenement with the appurtenances wherein the said I. L. doth now inhabit and dwell scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned viz. one half acre of Land c. mentioning the particulars c. Together with all Houses Edifices Buildings Barnes Stables Yards Back-side● Orchards Gardens Commons Commodities Wayes Easements Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premisses or any of them belonging or in any wise appertaining and now used therewith except all Woods Timber and Trees growing or to be growing on the premisses And also except all those four Cottages or Tenements heretofore built on part of the Orchard belonging to the said Messuage or Tenement hereby demised now being in the several tenures or occupations of R. E. T F. W. R. and L. D. their Assignee or Assignees To have and to hold the said Messuage or Tenement The Habendum and all other the premisses with their appurtenances except before excepted unto the said I. L. E. his wife and I. L. for and during the term of their natural lives and the life of the longer liver of them The Reddendum successively one after another as they are herein named Yielding and paying therefore yearly and every year during the said term hereby demised unto the said I. B. his heirs and assigns the yearly Rent or Sum of 4. pounds of currant money of England at two Feasts or Terms in the year most usual viz. the Feast of c. to be paid at c. the first payment thereof at the Feast of the Annuntiation of c. next ensuing The Distresse And if it happen the said yearly Rent or any part thereof to be behind and unpaid by the space of eight dayes next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them to enter into and upon the said Messuage and Premisses and every or any of them and to distrain for the same and the distress and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof if any happen to be unto the said I. B. his heirs and assigns shall be contented and paid And the said I. L. E. his wife Covenant to repair and the said I. L. for themselves joyntly and severally and for every and either of them their every and either of their several and respective Executors Administrators and Assigns and every of them do and doth covenant and grant to c. That they the said I. L. E. his wife and I. L. their several Executors Administrators and Assigns and every of them at their own proper costs and charges in and by all things shall and will well and sufficiently repair maintain uphold keep cleanse and scour all and every the Houses Buildings and Edifices hereby demised and now built upon the premisses and belonging to the same and which at any time hereafter during the term hereby demised shall be erected and built upon the demised premisses or any part thereof and the hedges ditches fences pales and mounds upon and about the demised premisses and every of them well and sufficiently shall make keep cleanse and scoure and the said Messuage or Tenement Houses and Buildings which are or at any time hereafter during the term hereby demised shall be erected or built in or upon the same or any part thereof being so well and sufficiently repaired maintained upholden kept cleansed and scoured in the end or other determination of the said term hereby demised shall and will leave and yield up unto the said I. B. To view the defaults of reparations his heirs and assigns And also that they the said I. L. and E. his wife and the said I. L. and every of them and their and every of their assigns shall and will permit and suffer him the said I.B. his heirs and assigns together with three or four or fewer Workmen or other persons at their or any of their wills and pleasures being at convenient times twice every year quietly to enter in or upon the said Messuage or Tenement and all other the Demised premisses to view and search whether the same be well and sufficiently repaired or not And of all and every the Default and Defaults for want of Reparations then and there found To repair upon notice to give or leave notice in Writing at the said Messuage or Tenement unto or for the said I. L. and E. his wife and the said I. L. to repair and amend the same from time to time during the terms hereby demised alwayes within the space of six months next after every such notice in Writing so given or left as aforesaid Not to demise without license And also that neither they the said I. L. E. his wise nor the said I. L. nor any nor either of them shall not at any time or times hereafter grant bargain sell assign or set over demise let or depart with the said Messuage and Premisses or any part or parcell thereof or his her or their or any of their right title interest or estate in or to the Premisses or any of them without the speciall license and consent of the said I.B. his heirs and assigns under his or their hand in Writing therefore first had and obtained Proviso upon non-payment or nonreparation to re-enter Provided alwayes and it is Conditioned by and between the Parties to these presents That if it shall happen the said yearly Rent or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the Feasts or dayes of payment before mentioned or set down for payment thereof contrary to the form aforesaid the same being lawfully demanded or if all and every the said Default and Defaults for want of Reparations
as aforesaid And of and from all Actions Sutes Costs Charges Damages Expences and Demands whatsoever which he the said J. S. his Executors Administrators or Assigns shall hereafter happen to incur sustain or be put unto for or by reason of the payment of the said Sums of five shillings a piece for the use of the said M. and A. to the said T. their Father as aforesaid That then this Obligation shall be void or else it shall stand in full force and vertue A Condition to pay the Rent reserved in a Lease according to the Covenant therein exprest THe Condition of this Obligation is such That whereas the within named I. C. by his Indenture of Lease of the date within written did Demise grant and to farm-let unto the within bound H. B. all that Messuage or Inne called the Signe of the White Horse with all Cellers Sollers Chambers Rooms Yards Stables and Appurtenances thereunto belonging as it is now in the Tenure or occupation of the said I. C. set and being in S. in the Parish of St. O. in S. in the County of S. except as in the same Lease is excepted To have and to hold the same from the Feast of the Nativity of St. John Baptist next coming after the date of the same Lease unto the end and term of Ten years and one quarter of a year from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during ten years of the said term of ten years and one quarter of a year to the said I. his Executors or Assigns Twenty and four pounds of lawfull money of England at Four Terms of the year that is to say at the Feast of St. Michael the Arch-Angel the Birth of our Lord God the Annuntiation of our Lady and the Nativity of St. John Baptist or within fifteen dayes next after every of the said Feast Dayes by even portions And for the last quarter of a year six pounds at the Feast of St. Michael the Arch-Angel next ensuing the said term of ten years or within fifteen dayes then next following as by the same Lease more at large appeareth If therefore the said H. B. his Executors or Assigns do yearly and every year during the said Term of Ten years well and truly yield and pay or cause to be yielded or paid to the said I. C. his Executors or Assigns the said yearly Rent of Twenty and four pounds at the said Four Feasts or Terms of the year mentioned in the said Lease or within Fifty dayes next after every of the said Feast-dayes by even portions and the said Summe of Six pounds at the said Feast of St. Michael the Arch-Angel next after the end of the said Ten years or within fifteen dayes then next following according to the tenure and true meaning of the same Lease That then this Obligation to be void and of none effect Or else to be in full force and vertue A Defeazance on a Recognizance or Statute-Staple THis Indenture made the one and twentieth day of August Anno Dom. 1634. and in the Tenth year of the Reign of our Soveraign Lord Charles by the grace of God King of England Scotland France and Ireland Defender of the Faith c. Between J.B. Citizen and Salter of London of the one part and G. B. Citizen also and Salter of L. of the other part Witnesseth That whereas the said G. B. by a certain Recognizance of the nature of a Statute of the Staple made and provided for the Recovery of debts taken Recognized and sealed before Sir J. C. Knight Mayor of the Staple of W. and E. L. Esq Recorder of the City of L. bearing date with these presents standeth and is bound unto the said I. B. in the summe of Four hundred pounds of lawful money of England payable as by the same Recognizance more at large appeareth Nevertheless the said I. B. is contented and agreed and doth covenant promise and grant for himself his Heirs Executors and Administrators to and with the foresaid G. B. his Heirs Executors and Administrators and to and with every of them by these presents That if the said G. B. his Heirs Ezecutors Administrator or Assigns or any of them do pay or cause to be paid unto the said I. B. his Executors Administrators or Assigns or any of them at or in the now dwelling house of the said I. B. scituate in the Parish of St. A. H. London the Summe of Two hundred and eight pounds of lawfull money of E. on the Three and twentieth day of F. next coming after the date of these presents without fraud or coven That then the foresaid Recognizance shall be utterly void and of none effect or else to remain in full force strength and vertue In witnesse whereof the parties first above named to the present Indentures interchangeably have set their hands and seals dated the day and year first above written A Grant of Lands in Fee in consideration of money and in further consideration of exchange of other Lands THis Indenture made c. between c. Witnesseth That the said L. G. and also for and in consideration of a certain competent Summe of lawful money of England to him in hand before the ensealing and delivery of these presents by the said I. B. well and truly paid and for and in consideration of other Lands Tenements and Hereditaments by the said I. B. conveyed and assured to the said L. G. and his heirs in exchange Whereof and wherewith the said L. G. acknowledgeth himself fully satisfied and contented and thereof and of every part and parcel thereof clearly acquitteth and dischargeth the said I. B. his heirs and assigns by these presents hath bargained sold aliened enseoffed and confirmed and by these presents doth fully and clearly bargain sell alien enseoffe and confirm in exchange unto the said I. B. and his heirs All that Scite and Capital Messuage or Tenement with the appurtenances scituate c. now being in the tenure or occupation of the said L.G. or his assigns and all and every the Barns Stables Out-houses Orchards Gardens and other appurtenances to the said Messuage or Tenement belonging or in any wise appertaining and all and every other the Lands Meadows Pastures and Closes therewith occupied by the said L. G. and being in E. aforesaid And all that Messuage or Tenement with the appurtenances scituate and being in E. aforesaid and 30 Acres of Land Meadow and Pasture thereunto belonging now or late in the Tenure c. And all that Messuage c. and all that Cottage c. and all and every the Commons Wastes Grounds Leys and other appurtenances to the premisses or any of them belonging or in any wise appertaining And all and every other the Lands Tenements and Hereditaments scituate lying and being in E. aforesaid with all and singular the appurtenances whereof E. G. Esq Father of the said L. died seized of an Estate of Inheritance and the Reversion
of Joane a new right or title in the tayl descendeth to the said Richard and after his death to the said Thomas his Brother the Demandant Benloes Rep. 30 31. 2. In 29 H. 8. A Recovery was had against Tenant in taile and he dyed before execution And by the better Opinion the Issue is not remitted neither shall he falsifie because of the Recovery in value upon the Voucher Dyer 35. 3. In the Case of Hunt and Gateley Pasch 23 Eliz. in C.B. the case was That he in Remainder granted a Rent out of the Land after the Tenant in tail suffered a Common Recovery and dyed without Issue And it was Resolved by all the Judges of England That Leases for years Conusance of a Statute Grant of a Rent and all other Incumbrances by him in remainder are avoided by the common Recovery that the Tenant in tail shall suffer of the Land Moores Rep. Case 298. Capell's Case 23 Eliz. Co. 1. fo 62. 4. In Trin. 12 Eliz. 290. A Recovery was suffered by Husband and Wife of Tenements in London which by the Custome of London binds as a Fine at Common Law which was to the use of the Recoverors c. untill they made a Lease for 40 years and then to the use of the husband and wife and the heirs of the wife The Lease was made and then the husband dyed In this case the Court held that the wife should be concluded and should not avoid this Lease but shall hold under the Recovery so as the Lease precedes her Estate But Quaere what remady she shall have for the Rent which was reserved before her Estate by the use was created Dyer 290. See Co. 2. Part 57. Beckwiths Case 5. Replevin for the taking of three Cowes apud Rowdham the Defendant justifies for damage Feasant as in Freehold the P●aintiff traverses the Freehold and thereupon being at Issue a specia Verdict was found Where the Case appeared to be One William Brown Father to the Defendant being seised of this Land in Fee having Issue the Defendant his Son and Heir Thomas Brown his second son and Richard a third by his Will in writing devised this Land to Thomas his son and his Heirs for ever paying to his brother Richard 20 l. at his age of 21 years And if Thomas dyed without Issue living William his Brother That then William his Brother should have those Lands to him and his heirs and assigns for ever paying the said Summe as Thomas should have paid Thomas enters and suffers a common Recovery with a single voucher to the use of himself and his heirs and afterwards deviseth it to the wise of Edward Pells the Plaintiff and her heirs and dyes with out Issue living the said William Brown who entred upon Edw. Pells and took the Distress Et si c. This Case was twice argued at the Barre and afterwards at the Bench and the matter was divided into three Points 1. Whether Thomas had an Estate in Fee or in Fee tayl only 2. Admitting he had a Fee Whether this limitation of the Fee to William be good to limit a Fee upon a Fee 3. If Thomas hath a Fee and William only a possibility to have a Fee Whether this Recovery shall barr William or that it be such an Estate as cannot be extirpated by Recovery or otherwise To the third Point Dodderidge held That this Recovery should barr William for he had but a possibility to have a Fee and as it were a contingent Estate which is destroyed by this Recovery before it came in esse for otherwise it would be a mischievous kind of Perpetuity which could not by any means be destroyed And although it was Objected That a Recovery shall not barre but where a Recovery in value extends thereto as appears Co. lib. 1. Capell's Case That a Rent-charge granted by him in remainder was bound Yet he held That this Recovery destroying the immediate estate all Contingencies and dependencies thereupon are bound and a Recovery shall bind every one who cannot falsifie it And he who hath this possibility cannot falsifie it therefore he shall be bound thereby But all the other Justices were herein against him That this Recovery shall not bind for he who suffered the Recovery had a Fee and William Brown had but a Possibility if he survived Thomas and Thomas dying without issue in his life no Recovery in value shall extend in value thereto unless he had been party by way of Vouchee And then it should for by entring into the Warranty he gave all his possibility Therefore they agreed to the case which Davenport at the Barre cited to be adjudged 34 Eliz. where a Mortgagee suffers a Recovery that shall no bind the Mortgagor but if he had been party by way of Voucher it had been otherwise and here is not any Estate depending upon the Estate of Thomas Bray but a Collaterall and meer Possibility which shall not be toucht by a Recovery And if such a Recovery should be allow'd then if a man should devise that his Heir should make such a payment to his younger sons or to his Executors otherwise the Land should be unto them if the Heir by Recovery might avoid it it would be very mischievous and might frustrate all devices and there is no such mischief that it should maintain Perpetuities for it is but in a Particular case and upon a mere contingency which perchance never may happen and be avoided by joyning him in the Recovery who hath such a contingency And on the other part it would be far more and a greater mischief that all Executors devises should by such means be destroy'd And Hutton in his Argument put this Case If a man gives or devises Land to one and his heirs as long as J. S. hath Issue of his body he by Recovery shall not bind him who made this Gift without making him a party by way of Vouchee for a Recovery against Tenant in Fee-simple never shall bind a collateral interest title or possibility as a Condition or Covenant or the like Wherefore they all besides Dodderidge held that this Recovery was no barr But it was adjudged for the Defendant Pells and Brown Hill 17 Jac. B.R. Cro. 2 Part 590. 6. In Pasch 24 Eliz. C. B. A Feme Sole was seised of a Mannor to which were three Copyholds one of the Copyholders did intermarry with the woman and afterwards he and his wife did suffer a Common Recovery of the Mannor to the use of themselves for their lives and afterwards to the use of the Heirs of the wife In this case it was agreed by the whole Court That the Copyhold was extinct And said by the Court That if a Copyholder will joyn with the Lord in a Feoffment of the Mannor thereby the Copyhold is extinct and so if he accept a Lease of his Copyhold Godb 11. Mich. 29 Eliz. C.B. Godb. 101. accord 7. Husband and wife are Joynt-Tenants for life the remainder to
Tattersel in the C. of Lincoln Yeoman sendeth greeting Know ye That I the said W. R. for divers good sufficient and reasonable causes and considerations me hereunto moving but especially for and in respect of certain several Sums of money heretofore to me paid by C. H. of T. in the said C. of Lincoln Gentleman have authorized constituted nominated made and ordained and by these presents do authorize constitute nominate make ordain and in my place put in the said C. H. my true faithful lawful undoubted and irrevocable Attorney from henceforth for me and in my name to ask receive gather and take all such Sum and Sums of money as are already due or hereafter shall or may become due unto me the said W. from any person or persons herein hereafter mentioned and expressed as also all such Sum and Summes of money as were due unto E. now my Wife in her Widowhood or hereafter may or shall be due to her by any person or persons whatsoever and herein hereafter mentioned and expressed by vertue of any Bill Bond or any other Writing or wayes whatsoever that is to say to ask gather receive and take of A.B. of C. in the C. of E. Yeoman the Sum of Ten pounds of lawful English Money due unto me by virtue of one Bond or Writing Obligatory from the said A B. to me the said W. R. dated the last day of June last past before the date hereof as in and by the Condition of the said obligation reference being thereunto had more plainly at large it doth and may appear and also Forty shillings of lawful English money from c. Then name every particular Sum and set them down according to their several names sums and dates as they are and insert these Covenants following as in and by the several conditions of the said Bonds whereunto relation being had more plainly and at large it doth and may appear For the recovery of all which said several Sums of money which shall arise or grow due unto me the said W. R. by vertue of any or either of the said Bonds yet in arrear due and unpaid I do by these presents give full power and authority unto the said C. H. for me and in my name and to my use as aforesaid to receive and upon non-payment of them or any of them to bring sue and prosecute for me and in my name all and all manner of Actions whatsoever as well real as personal and the same to prosecute and follow by sute arrest imprisonment judgment condemnation execution or otherwise And one Attorney or more for the doing of the premisses to make and the same at his will and pleasure to revoke and new in his or their place to be put in as large and ample manner as I might do if the same were by me in proper person done commenced sued or taken to the onely benefit and behoof of me the said W. R. allowing to the said C. out of the said Sum or Sums of money so by him received his reasonable lawful and necessary expences and charges laid out or disbursed in hand or otherwise in and about the recovery getting and procuring of the said Sums of Money or any of them with allowance and payment of all such reckonings Sum and Sums of money as are due to him the said C. by me the said W. as shall or may appear upon any reckoning bill bond or otherwise under my hand and seal or by sufficient witness And I do by these presents covenant promise and grant to and with the said C. his Executors c. That I my Heirs and Assigns shall and will at all times hereafter ratifie confirm and allow whatsoever my said Attorney shall do or cause to be done in or about the Premisses In witnesse c. A Copy of a Lease to try a Title THis Indenture made c. between c. witnesseth That the said A.B. for divers good causes and considerations him thereunto especially moving hath demised granted and to farm-letten and by these presents doth demise grant and to farm let unto this said W. M. all that Messuage or Tenement with the appurtenances scituate and being in N. aforesaid and all Houses Edifices c. now or late in the tenure or occupation of C.D. or his assigns To have and to hold the said Messuage or Tenement and Premises with the Appurtenances before by these presents mentioned to be demised c. for 3. years or more c. yielding and paying c. being lawfully demanded Provided alwayes and upon this condition That if the said A. B. his Executors Administrators or Assigns or any of them do well and truly pay or tender or cause to be tendred or paid to the said W. M. his Executors Administrators or Assigns at any time during the continuance of this present Demise the Sum of 12 d. of lawful English money that then and from thenceforth this present Indenture and every article and thing herein contained shall be utterly void and of none effect And that then also and from thenceforth it shall and may be lawful to and for the said A. B. his Executors Administrators and Assigns or any of them into the said Messuage or Tenement and Premisses with the Appurtenances and in every part and parcel thereof to re-enter and the same to have again repossess and enjoy as in his and their former estate any thing in these presents contained to the contrary thereof containing in any wise notwithstanding In witnesse whereof c. A Discharge made to the Sheriff for a Prisoner from him to whom the Prisoner is indebted KNow all men by these presents That I A. B. of C. in the C. of L. have remised released acquitted and discharged and by these presents do for me my Heirs Executors Administrators and Assigns remise release and fully and absolutely acquit and discharge T. J. High-Sheriff of the C. of L. aforesaid and J. B. his Under-Sheriff their Heirs Executors and Administrators of and from all and all manner of escapes as well voluntary as negligent and of and from all Actions cause and causes of Actions for or concerning the enlarging or setting at liberty of the body of J. S. taken at my sute by vertue of a Capias ad Satisfaciendum to the said Sheriff directed of 8 l. debt and 15 s. costs of sute returnable in the Court of Common-Pleas in Hilary Term last past And I the said A. B. do hereby discharge the said Sheriff from all Actions Reckonings Duties and Demands whatsoever concerning the executing of the said capias ad Satisfaciendum In witnesse whereof c. An Indenture of Partition where two have taken a joynt Lease of Messuage and Lands c. THis Indenture made the 5. day of June in the year of our Lord God according to the account used in England One thousand six hundred fifty and one between A. B. of c. of the one part and C.D. of c. of the
other part Whereas the said A.B. and C.D. do hold joyntly for term of certain years yet during and unexpired all that Messuage Tenement or Farm-house called c. situate in B. in the County of c. and all houses edifices buildings barns stables orchards gardens thereunto belonging with their appurtenances and also all those several Closes of arable Land called or known by the name of c. and containing by estimation c. all that great Meadow situate c. containing c. and all those Parcels or Cow-Pasture next adjoyning to c. called c. and containing c. And all that parcel of wood-ground called B. Wood with divers other Parcels with all and singular Profits and Commodities thereunto belonging or appertaining by one Indenture or demise bearing date the c. made between W. L. of c. Gent. of the one part and the said A.B. and C.D. of the other part yielding and paying therefore the yearly Rent of c. at two usual dayes of payment in the year that is to say c. by equal portions And the said A. B. and C D. do thereby covenant to pay the said Rent of c. in manner c. and also for and during the said term to repair the said Messuage and all other the Premisses as also the Hedges Ditches and Mounds belonging to the demised Premisses and at the end of the said Term do Covenant to leave the same well and sufficiently repaired into the hand of the said W. L. his c. as in and by the said Indenture of Demise relation being thereunto had it doth and may more fully and at large appear Now this Indenture witnesseth That the said A.B. and C.D. have with their full and whole consent and by and with the advice and assistance of E.F. of c. and G.H. of c. by them respectively chosen for that purpose made an equal division and partition of the said demised Premisses into two equal parts or moieties to the end intent and purpose that the said A.B. and C.D. and their several and respective Executors c. may have hold occupy possess and enjoy the said equal parts and moity of the said demised Premisses during the remainder of the said term in manner and form following that is to say That he the said A.B. his Executors c. shall and may during the remainder of the said term have hold and enjoy the moity partition or half-part of the said Messuage or Tenement Houses Edifices Buildings Barns Stables Orchards Gardens Lands and Premisses as the same are divided and set apart as aforesaid that is to say all those several Rooms scituate at the West End of the said demised Messuage called by the name of the c. the c. the. c. and all that great Barn scituate at the c. and all that c. so naming every parcel as allotted in full recompence of his due part and portion between them of the said demised Premisses and that the said C.D. his Executors c. shall during the remainder of the said terms have the other moity partition or half-part of the said Messuage or Tenement Houses c. as the same are divided and set apart as aforesaid that is to say all those several Rooms scituate at the East-end of the said Messuages c. as above-named the parcels in full recompence of his due part and portion between them of the said demised Premisses To have and to hold to either of the said parties their Executors c. severally as is abovesaid from the day of the date hereof unto the full end and term of c. And it is covenanted granted and agreed by and between the said Parties That the said yearly Rent of c. to be due to the said W. L. or his Assigns from time to time during the continuance of c. shall be equally paid between them the said A. B. and C.D. their Executors Administrators and Assigns as Tenants of the said demised Messuage and other the Premisses from time to time during the said term either of them for the said part and portion allotted as is aforesaid And the said A.B. for him his c. doth covenant promise and grant to and with the said C.D. his c. to save defend and keep harmlesse and indempnified the said C.D. his Executors c. of and from all prejudice loss or damage which shall happen or come unto him the said C D. his c. for or by reason of any breach of any of the covenants and agreements specified and comprized in the said Indenture of Lease or other things whatsoever which shall or may be had made done committed omitted or suffered by him the said A.B. his c. for or in respect of his said moity or half-part of the demised Premisses or any part thereof And the said C.D. doth for him his c. covenant promise grant and agree to and with the said A.B. his c. ut supra And for the true keeping performance and observation of all and singular the said partitions covenants conditions payments agreements and articles here before expressed either Party bindeth himself his Heirs Executors and Administrators to the other by these presents in the Sum of c. In witnesse c. Judge Cook his Articles which the Chief Constables of every Hundred are to observe and answer unto at the beginning of every Assize viz. IMprimis What Felonies have been done within their Hundred from the Assizes next before against whom and at what time and wherefore and what pursuit hath been made for the Felonies and in whom default of pursuit of Felonies hath been 2. Item what vagrant and suspected persons have been apprehended within that time within their Hundred and what hath been done with them and by whose default any such persons have escaped from apprehension and how the watches have been kept in every Township between the Ascension and Michaelmas 3. Item what Recusants are within their Hundreds and come not to the Church according to the Law 4. Item what decay of Houses Husbandry hath been since the beginning c. within their Hundreds which had twenty Acres of Land Meadow and Pasture to them when decayed and by whom 5. Item what grounds within your Hundreds that have been used to be tilled ordinarily any twelve years since the beginning c. been turned from Tillage to Pasture by whom and when 6. Item How many Ale-houses be in that Hundred and in what places and where they be How many be licensed and by whose licence and how many without licence and who they be and whether punishment have been done to the offendors according to the Statute 7. Item whether such Ale-houses as are licensed do observe the Articles prescribed to them 8. Item who have made any ingrossing fore-stalling or regrating within their Hundred and whereof and where put in ure 9. Item who they be that make Mault to sell of