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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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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
become utterly void frustrate and of none effect to all intents constructions and purposes whatsoever and that then and at all times from thenceforth the said J. S. and his Heirs and all and every other person and persons standing and being or which at any time hereafter shall stand and be feized of the said Castle Mannors Lands and Premisses shall stand and be seized of the same or of such part or so much thereof concerning the which any such declaration or publication shall be made as aforesaid to such uses intents trusts and purposes as the said Sir R.C. in or by any such deed or writing as is aforesaid or by any other Deed or writing to be by him the said R.C. sealed and subscribed in the presence of three or more credible witnesses shall declare limit or appoint and for default of such declaration limitation or appointment to the use and behoof of the said Sir R. C. his Heirs and Assigns for ever and to or for none other use intent meaning or purpose whatsoever as in and by the said Indenture amongst divers other Provisoes and things therein contained more plainly and at large it doth and may appear Now know ye That I the said Sir R.C. do by this my present Deed or Writing sealed and subscribed by me the said R. C. in the presence of three credible witnesses declare and publish my mind intent and meaning to be to revoke alter and make void and frustrate and I do by these presents revoke alter and make void and frustrate all and every the use and uses estate and estates trust and trusts in and by the said Indenture declared limited or appointed of for and concerning all and every the Castle Mannors Messuages Lands Tenements Advowsons and all other Hereditaments mentioned contained and specified in the said Indenture with their and every of their appurtenances and of for and concerning every part thereof And I do hereby further declare limit and appoint That the said Castle Mannors Messuages Lands Tenements Advowsons and all other Hereditaments with their appurtenances shall remain and be and that the said J. S. and his Heirs and all and every other Person and Persons standing and being or which at any time hereafter shall stand and be seized of and in the same shall stand and be seized thereof to the use and behoof of me the said Sir R. C. my Heirs and Assigns for ever and to and for none other use intent meaning or purpose whatsoever In witnesse whereof I the said R. C. have hereunto set my Hand and Seal the 28. day of February in the year of our Lord God according to the computation used in England 1651. An Indenture of Co-partnership between four Merchants THis Indenture Quadripar●ite made the c. between R. B. Citizen and Goldsmith of London of the first part W. C. Citizen and Goldsmith of London of the second part T. B. Citizen and Goldsmith of London of the third part and T. L. of London Merchant-Adventurer late Servant of the said R.B. on the fourth part witnesseth That the said R.B. W.C. T.B. and T.L. in consideration of the fidelity trust confidence and good opinion which every one of them alwayes hath had and yet hath and reposeth in every other of them have joyned themselves to be Co-partners together in the Trade of Merchandizing that is to say in buying selling uttering vending or retailing of all sort and kinds of wares and all other kinds of businesses to the Trade of a Merchant incident belonging or appertaining and the said Co-partnership to continue between them from the first day of this instant Month of March for and during the term and space of three whole years from thence next ensuing and fully to be compleat and ended And to that end and purpose they the said R.B. W.C. T.L. and T.B. have before the day of the date of these presents delivered into stock to be used and imployed in the said Trade of Merchandizing as well within the Territories of England as elsewhere in several places in the Parts beyond the Seas in Money Cloth Wares Debts Merchandizes Adventures abroad and here in England Adventures now already upon the Seas and beyond the Seas such several stock and stocks and Sum and Sums of Money as are specified and expressed in a Schedule indented to these presents annexed of the particular and proper Stock severally put in and severally belonging to each one of the said several parties for their several quantity and proportion being in the said Schedule severally set down mentioned and declared as by the same more fully and plainly it doth and may appear It is now covenanted granted concluded condescended and fully agreed by and between all the said Parties to these presents and each one of the said several Parties for himself respectively and for his own particular part and for his own several and particular Executors and Administrators do and doth severally and not joyntly covenant grant promise and agree to and with every and each other of the said Parties his and their several Executors and Administrators by these presents in manner and form following that is to say That every and each of the said Parties for himself during and by all the said space of three years if all the said Parties shall so long live shall continue and abide together as joynt-Occupiers and Partners and that every and each of the said Parties shall from time to time during and by all the said term if they shall so long live do their and every of their reasonable endeavours and diligence by all the ways labours and means that each of them can or possibly may to the uttermost of their power wit cunning and knowledge and for the most benefit profit and advantage of every and each other faithfully and truly imploy buy sell and merchandize with all such and so much of the said whole stock as shall in all manner of wise come to be committed to each one of their several charge dispositions and government and the gains and encrease of every such part And it is the true intent and meaning of all the said Parties to these presents That the said W. C. shall manage the businesse and affairs for c. in the Parts of Spain during the good liking of the said R.B. and there for the most part reside and have his continuance and being the said T. L. to manage the businesse and affairs for Stoade Germany and those Parts during the good liking of the said R.B. and there be for the most part to reside and have his continuance and being and the said R.B. and B.T. to manage the businesse and affairs for England And it is covenanted granted and agreed by and between all and every the said Parties to these presents That all such gain profit and encrease as God shall send and as shall come grow or arise by reason of their said Trade and joynt-occupying as is aforesaid shall be from time
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
Water-Courses Easements Commodities Advantages and appurtenances thereunto belonging or appertaining and all Writings Deeds and Evidences concerning the said premisses or any of them To have and to hold the said several pieces and parcels of Land Arable Pasture and Wood-ground and all other the premisses with their and every of their appurtenances unto the said G. E. and his assigns from the day of the date of the said recited Indenture of Lease unto the full end and term of two hundred years from thence next ensuing and fully to be compleat and ended without Impeachment of any manner of waste by and under the yearly Rent of one Pepper-Corn if it were demanded with Conditions therein contained that if the said I. S. his Heirs Executors Administrators and Assigns should pay unto him the said G. E. his Executors or Assigns the Sum of 100 pound of currant money of England on c. according to the Condition of a Surrender of certain Copy-hold-Lands dated the day of c. that then from thenceforth thesaid recited Lease to be ●oid as by the said recited Indenture of Lease it doth and may appear That the premisses were forfeited And whereas the said I. S. did not nor hath paid the said moneys according to the said Proviso and Condition by reason whereof the said Lands and Premisses are absolutely come unto and vested in him the said G. E. for all the rest and residue of the said term of 200 years by the foresaid Lease Demised and granted as aforesaid Now this Indenture witnesseth That the said G. E. at the request and by the appointment of the said I. S. and for and in consideration of the Sum of 100 pound of currant money of England to him in hand paid by the said T. L. and the said I. S. for and in consideration of the Summe of 100. pound of currant money to him by the said T. L. in hand paid by the said T. L. the receipts of which several Sums of money they the said G. E. and I. S. do hereby severally acknowledge and thereof do severally acquit and discharge the said T. L. his Heirs Executors Administrators and Assigns and every of them for ever by these presents The Assignment Have Demised granted bargained sold assigned and confirmed and by these presents do joyntly and severally Demise grant bargain sell assign and confirm unto the said T. L. his Executors and Assigns all those the foresaid several parcels of Land Pasture and Wood-ground lately stocked up and premisses with their appurtenances in the said recited Indenture of Lease mentioned and expressed and all their and either of their estate right title interest term for years claim and demand whatsoever of them the said G. E. and I. S. therein and thereunto together with the said recited Indenture of Lease The Habendum To have and to hold all and every the said several pieces and parcels of Land Pasture and Wood-ground with their appurtenances unto the said T. L. his Executors Administrators and Assigns for and during all the rest and residue of the said term and now to come and unexpired in as full and ample manner to all intents and purposes as they the said G. E. and J. S. or either of them may or might hold or enjoy the same by vertue of the said recited Indenture of Lease or otherwise howsoever A Covenant to enjoy the remainder of the term And the said G. E. for himself his c. doth Covenant and grant c. that he the said T. L. his Executors and Assigns shall and may at all times during the said term or residue of the said term and number of years now to come and unexpired quietly and peaceably have hold occupy and enjoy all and every the said parcels of Land Pasture and Wood-ground with their appurtenances without the let suit trouble Expulsion or Eviction of him the said G. E. his Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said G. E. his estate or title and absolutely freed and discharged from all charges and incumbrances whatsoever done or suffered by him the said G. E. or by his means act or procurement And the said J. S. for himself his c. A Covenant if the number of Acres be wanting so much money to be repaid ut supra That in case the said Lands wood-grounds and premisses hereby mentioned to be assigned together with other parcels of Copy-hold Lands of the said J. S. lying in E. aforesaid and by him the said J. S. sold to him the said T. L. and his heirs shall fall out and appear to be under the quantity of 24 Acres at which quantity the same is now sold and estimated unto him the said T. L. That then he the said J. S. his Executors and Assigns shall pay and allow unto him the said T. L. so much moneys and after the rate of 12 pound for every acre and after that rate for a greater or lesser quantity than one acre that shall want of the said quantity and number of 24. acres And also that he the said T. L. his c. To enjoy against the Mortgagor shall and may quietly and peaceably have hold possess and enjoy all and every the said Lands and premisses with their appurtenances without the let sute trouble disturbance molestation interruption or eviction of him the said J. S. his Heirs Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said J. S. his estate or title and absolutely freed and discharged from all fines issues amerciaments forfeitures and all and all manner of charges and Incumbrances whatsoever made done or suffered by him the said I. S. or by his act means neglect or procurement the foresaid recited Indenture of Lease made to the said G. E. only excepted c. A Lease for three Lives of a Messuage and Lands unto those that sold the same it being so agreed upon sale thereof Well pe●●d THis Indenture made c. between J. B. of c. on the one part and J L. of c. and E. his wife and J. L. his Sonne on the other part Whereas the said J. L. and E. his wife Recital of the Lessies sale with agreement that the Less● should make a lease by their Indenture of bargain and sale dated the second day of October last past for the Consideration therein expressed and by other assurance in Law have sold and conveyed unto the said J. B. his heirs and assigns for ever all that Messuage or Tenement with the appurtenances wherein the said J. L. then did and now doth inhabit scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned and expressed as by the said recited Indenture of bargain and sale amongst other things therein contained it doth and may appear And whereas it was agreed between
HONI SOIT QUI MAL Y PENSE DIEV ETMON DROIT 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 Usual 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 London Printed by John Streater Henry Twyford and E. Flesher Assigns of Richard Atkins and Edward Atkins Esquires M.DC.LXXII Cum Gratia Privilegio Regiae Majestatis THE PREFACE TO THE READER HOW various the Pretenders to Clerkship have been in their Resolves we have too many Experiences in Print especially when in the late Times of Vsurpation a general Liberty was admitted which indeed we may call Cacoethes scribendi an inveterated humor of writing rather tending to involve the Clerk in a maze than to lead his Client in a safe and well-beaten Path. It is not the design of this Premonition to beg the Question Others have offered what fitted their capacities This Tract shall shew nothing more than is fit and reduced into such a method as an Easie English Clerk shall be capable of 'T is true some may say Facile est inventis addere but that is not the sole design of this For here is much obliterated that is useless something polished that was unnecessary and much added that is profitable yet it dares not assume the title of Infallible The former Three Parts which are herein offered with many Advantages shall speak for themselves whereto there is now added a Fourth which in this kind you have not met with If the design meet the humor of those it is intended for is fulfilling the purpose However whether it do or no for there is no doubt but the best intent may be quarrelled yet the Vsefulness of the Work upon Perusall will satisfie all men concerned whether they be well dealt with in the Settlements they propose to themselves from Persons they shall entrust or employ when at a cursory view they may find not onely what they would but what they ought to have done Sept. 3. 1672. T. M. Part 1. An Indenture of an Annuity THis Indenture made the twentieth day of c. in the c. between I. S. of Skipton in the County of York Esq of the one part and C. P. of London Esq of the other part witnesseth that the said I. S. for and in consideration of the sum of c. to him before the ensealing and delivery of these presents well and truly contented and paid whereof and wherewith he the said I. S. doth acknowledge and confess himself to be fully satisfied and thereof and of every part and parcel thereof doth clearly acquit and discharge the said C. P. his Heirs Executors and Administrators and every of them for ever by these presents Hath given granted and confirmed and by these presents doth give Grant grant and confirm for him and his Heirs unto the said C. P his Executors and Assigns One Annuity of yearly Rent-charge of Two hundred pounds of lawful Money of England to be issuing and going out of all those the Mannors and Lordships of Stanton c. with all and singular their rights members and appurtenances in the said County of York and out of all and singular the Messuages Cottages Houses Edifices Buildings Barns Stables Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Moors Marishes Rents Reversions Services Profits Commodities Emoluments and Hereditaments whatsoever with the Appurtenances to the several Mannors or any of them belonging or heretofore had used reputed occupied or enjoyed as part or parcel of them or any of them And also out of all other the Lands Tenements and Hereditaments of the said I. S. within the said County of York To have and to hold perceive receive and take the said Annuity or yearly Rent-charge of c. unto the said C. P. his Executor and Assigns from the day of the date of these presents for and during the full term and time of forty years now next ensuing and fully to be compleat and ended if the said C. P. and R. P. Esq Nephew to the said C. P or either of them shall so long live To be paid at four most usual Feasts or Terms in the year that is to say the Feast of c. by even and equal portions at or in the Church-porch of the Parish-Church of c. And the said I. S. for himself A Covenant to pay 〈◊〉 l. for every day after default in payment of the Rents and to Re-enter his Heirs Executors Administrators and Assigns and for every of them doth Covenant Promise and Grant to and with the said C. P his Heirs and Assigns that if it shall happen the said yearly Rent of c. to be behind and unpaid in part or in all over or after any of the said Feast-days in which the said ought to be paid being lawfully demanded according to the true intent and meaning of these presents That then he the said I. S. his Heirs and Assigns shall and will not onely forfeit and lose unto the said C. P. his Executors or Assigns nomine poenae the sum of forty shillings of lawful money of England for every day the said yearly Rent shall happen to be behind and unpaid in part or in all over or after any of the said Feast-days wherein the same ought to be paid as before is mentioned But also that it shall and may be lawful to and for the said C. P. his Executors and Assigns and to and for every of them from time to time from and after every of the said Feast-days wherein the said yearly Rent or any part thereof should or ought to be paid as before is mentioned into all and singular the said Mannors and into every of them and into all other the Lands Tenements and Hereditaments to the said Mannors or any of them belonging and into all other the premises with all and singular their appurtenances and into every or any part or parcel thereof at his or their or any of their free wills or pleasures to enter and distrain as well for the said yearly Rents as for the said sum or sums of Money which shall or may happen to become forfeited or lost for or in the name of a pain as is aforesaid and for the a●●erages of them and either of them if any shall happen to be and the Distress and Distresses then and there found to lead drive take and carry away and the same to detain and keep until the said C. P his Executors or Assigns shall be fully satisfied contented and paid Covenant that he is seized in Fee and hath power to charge the Premises with this Annuity And the said I.S. for
this present Lease yield up and leave the same And further shall from time to time To do suit belonging to the Mills of the said Mannor during the said term do his or their suit for or belonging to the Mill or Mills of the said C. B. within the said Mannor of S. aforesaid and all such Corn and other Grain whatsoever as the said I. S. aforesaid doth or may accustomarily use to grind or cause to be ground to be at the same Mill or Mills ground And it is further covenanted and agreed between the said Parties that it shall and may be lawful to and for the said C. B. and his Heirs or any to whom the Right thereof shall appertain as aforesaid if it be their pleasure at any time hereafter during the said term to make an exchange of parcel or parcels of the Lands or Meadows or any part or parcel of the premises belonging to the said Messuage or Tenement and to take and have the same at his or their will and pleasure giving and allowing unto the said I. S. and his Assigns as much Land in quantity and goodness for the same in such place within the Fields of S. aforesaid as by the judgment and discretion of sour of the Tenants of the said C. B. and his Heirs or any to whom the Right thereof shall appertain as aforesaid then dwelling in S. aforesaid shall be adjudged nominated and appointed And the said I. S. covenanteth and granteth c. that he the said I. S. or his Assigns shall and will yearly during the said term at seasonable times due and convenient in the year plant or set in or upon the premises six handsome young Trees or Saplings of Oak Elm or Ash and them so planted and set shall from time to time yearly cherish preserve sustain and suffer to grow and encrease to the most profit use and behoof of the said C. B. his Heirs and Assigns for ever Provided alwayes and it is fully conditioned and agreed between the said Parties that the said I. S. shall not at any time hereafter Demise Grant Let Set Assign or by any other way or means put away or depart with the said Leases Term of years Messuage or Tenement and other the premises with the appurtenances or any part or parcel thereof or do procure or suffer to be done any act deed or thing whatsoever whereby the same or any part or parcel thereof shall or may at any time hereafter Revert Descend or come unto any person or persons whatsoever other than unto his Wife and Child at any time during the said term without the consent of the said C. B. or his Hei●s and other the persons aforesaid first had and obtained in Writing under his or their Hands or Seals upon pain of forfeiting of this Indenture of Lease any thing herein contained to the contrary in any wise notwithstanding And the said C. B. convenanteth for himself his Heirs Executors and Administrators c. to warrant and defend the said Messuage or Tenement and all other the premises above letten unto the said I. S. and such his Assigns as are above expressed against all and every person or persons pretending any Title to the same from by or under him the said C. B. his Heirs or Assigns during the said Term according to the true intent and meaning of these presents In witness whereof the Parties first above named unto these present Indentures interchangeably have set their Hands and Seals the day and year first above written Annoque Dom. 1636. A Deed of Gift made to One to save him harmless from all Bonds TO all Christian people to whom this present Writing shall come II. P. of c. send greeting in our Lord God everlasting Know ye That I the said I. P. as well for the indemnity discharge and saving harmless of R. B. of c. his Heirs Executors and Administrators and every of them off and from all manner of Bonds and Writings Obligatory whatsoever wherein the said R. B. is and standeth bound for me the said I. P. in any sum or sums of money to any person or persons whatsoever as also for divers other good Causes and Considerations me hereunto especially moving have given granted Grant bargained sold and confirmed and by these presents do give grant bargain sell and confirm unto the said R. B. all and singular my Leases Goods and Chartels whatsoever as well real as personal of what kind nature quality or condition soever the same are or be and in what place or places soever the same shall or may be found as well in my own custody and possession as in the hands custody and possession of any other person or persons whatsoever To have and to hold all and singular the said Leases Goods and Chattels and all other the premises with the appurtenances to the said R. B. his Heirs Executors Administrators and Assigns to his and their own proper use and behoof for ever And I the said J. P. and my Heirs all and singular the said Goods and Chattels and other the premises unto the said R. B. his Executors Administrators and Assigns to his and their own proper use as aforesaid shall and will warrant and for ever defend by these presents Provided always That if the said I. P. my Executors Administrators or Assigns or any of us do or shall from time to time and at all times hereafter clearly acquit and discharge or otherwise sufficiently save and keep harmless the said R. B. his Executors Administrators and Assigns and all his and their Goods Chattels Lands Tenements and Hereditaments and every of them off and from all and singular Bonds and Writings Obligatory whatsoever wherein or whereby the said R. B. at the request and for the debt of me the said I. P. is and standeth bound to any person or persons whatsoever in any sum or sums of money and off and from all manner of Actions Suits Charges Troubles Expences and Demands whatsoever which shall or may in any wise hereafter happen come grow or be to or against the said R. B. his Executors or Administrators or any of them for or by reason or means of the same Obligations or Writings obligatory or any of them or any thing in them or any of them mentioned or contained that then this present Deed or Grant and every thing herein contained shall be utterly void and of none effect any thing herein before specified to the contrary thereof in any wise not withstanding In witness whereof c. A Lease of a House and certain Lands made in consideration of a certain sum of money the Fee-simple being in the Leasor THis Indenture made c. between M. C. of c. Gentleman and A. C. his wife on the one part and T. E. of c. Esq on the other part witnesseth That the said M. C. and A. his wife for and in consideration of the sum of c. of lawful money of England
there to be had otherwise the said Timber to be found and reparations done as aforesaid at the proper Provisions Costs and Charges of the said T. VV. party to these presents his Executors and Assigns and that neither the said T. VV. his Executors or Assigns or his or their Under-Tenants shall commit any waste or strip any Trees Hedges Quick-sets Mounds or Fences upon the premises And the said I. B. for himself c. doth Covenant and Grant to and with the said T. VV. c. That the said two Messuages or Tenements Three-yard Land That the Premises are discharged of Incumbrances and all other the afore demised Premises with the Appurtenances and every part and parcel thereof now are and be and so from henceforth during the continuance of this present Lease shall be and continue clearly acquitted exonerated and discharged of and from all and all manner of former Bargains Sales Gifts Grants Joyntures Leases Annuities Rents Arrerages of Rents Statutes-Merchant and of the Staple Recognizances Judgments Executions Wills Intails Legacies Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had made c. by the said I. B. or by the said G. B. deceased his Father I. B. his Grandfather and R. B. his Uncle or by any of them or by any of their Heirs c. or by any other person or persons or by or through their or any of their means act title consent or procurement one Lease heretofore made by the said G. B. of one Messuage or Tenement and other thing parcel of the premises before by these presents demised unto the said A. P. for and during the natural life of the said A. whereupon the yearly Rent of c. is reserved and shall be from henceforth during the continuance of the same Lease due and payable unto the said T. W. party to these presents his Executors Administrators and Assigns onely excepted and foreprized And further the said I. B. for himself his Heirs Executors and Administrators doth covenant c. That if at any time hereafter during the space of Ten years next ensuing the date of these presents To exchange a lease within Ten years the said T. W. or his Assigns shall be minded to exchange and put in one other life in the stead and place of any of them the said T. W. the Son of G. and A. W. the party put out being then living That then within three weeks next after request in that behalf made and payment of c. to the said I. B. in the consideration thereof he the said I B. his Heirs or Assigns shall and will at the costs and charges of the said T. W. party to these presents his Executors or Assigns make seal and deliver in due form of Law unto the said T. W. party to these presents his Executors and Assigns one other good and sufficient Lease for the residue of the said term which shall be then to come if any two of the persons before named and such other person as shall be then nominated and put in shall so long live and under the like Rents Covenants and Conditions as in these presents is expressed Mutatis Mutandis And further that the said T. W. party to these presents his Executors Administrators and Assigns and every of them under the Rents and Covenants herein before mentioned shall and may peaceably and quietly have hold possess and enjoy the said two Messuages or Tenements Three yard-land and all other the before demised premises with the appurtenances and every part thereof during the whole Term hereby granted if the said T. W. the Son of G. W. and A. W. or such other persons as shall be hereafter named with two of them in the stead and place of any of them so dying or exchanging shall so long live without the lawful let trouble eviction or contradiction of the said I. B. his Heirs or Assigns or of the Heirs Executors or Assigns of the said G. B. deceased or of any other person or persons whatsoever except only the said A. B. for her Lease before-mentioned And the said C. D. and I. D. for themselves and either of them severally and respectively and not the one for the other nor the others act and for their several Executors Administrators and Assigns do covenant promise and grant to and with the said T. W. party to these presents his c. That he the said T. W. his Executors Administrators and Assigns and every of them shall and may according to the tenour and true meaning of these presents peaceably and quietly have hold and enjoy all the said demised premises with the appurtenances and every part thereof free and clear and freely and clearly acquitted and discharged of and from all and all manner of former Bargains Sales Gifts Grants Leases Joyntures Dowers Uses Wills Intails Statutes Recognizances Judgments Extents and Executions and of and from all other Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done by them the said C. D. and I. D. or either of them or by any other person or persons by their or either of their means act title or procurement And lastly the said I. B. for himself c. that he the said I. B. his Heirs and Assigns and every of them For further assurance shall and will at all times hereafter and from time to time upon request made at the cost and charges in the Law of the said T. W. party to these presents his Executors or Assigns or some of them make do and execute or cause to be made done and executed all and every such further and other reasonable act and acts thing and things whatsoever for the further and more better assurance surety sure-making and conveying of the said demised premises with the appurtenances and every part thereof unto the said T. W. party to these presents his Executors and Assigns during the time aforesaid and in such manner and farm and upon such Rents Covenants and Conditions as is before herein mentioned according to the effect and true meaning of these presents as by the said T. W. his Executors or Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required In witness c. A Grant of an Extent penned by Mr. Thomas Bromley then Solicitor THis Indenture made c. between B. D. of c. and VV. D. of c. on the one party and T. B. G. B. and T. O. of c. on the other party VVitnesseth That whereas the Right Honourable E. Lord S. by the name of E. S. Esq Recitall of the Recognizances by one Recognizance bearing date c. taken knowledged and sealed before Sir R. D. Knight Lord Chief Justice of England according to the form of the Statute for the Recovery of Debts in that case provided standeth bound to the said I. D. in the sum of c. Payable c. as by the
Mariners for the safe conducting of the said Ship and keeping of the Merchants Goods during the said Voyage In witness c. A Mortgage of Lands upon Money c. THis Indenture made the c. between T. A. of c. of the one part and T. M. Vintner and Citizen of London of the other part Witnesseth That the said T. A. for and in consideration of the sum of c. of lawful money of England in hand paid unto him the said T. A. by the said T. M. at and before the ensealing and delivery of these presents the receipt whereof the said T. A. doth hereby acknowledge and thereof and of every part thereof doth hereby also clearly acquit and discharge the said T. M. his Heirs and Assigns and for divers other good Causes and Considerations him the said T. A. thereunto moving Hath demised granted bargained and to farm-letten and by these presents doth c. unto the said T. M. his Executors Administrators and Assigns all those three several Pastures of Grounds lying in S. within the parts of Holland in the County of L. containing by estimation c. be they more or less now or late in the Tenure or Occupation of one I. B. his Assignee or Assignees To have and to hold the said three Pastures and every part and parcel thereof with their and every of their appurtenances unto him the said T. M. his Executors and Assigns from the Feast of c. now next ensuing the date of these presents for during and until the full end and term of 99 years from thence next ensuing and fully to be computed compleat and ended Yielding and paying therefore yearly during the said term unto the said T. A. his Heirs Executors Administrators or Assigns one Pepper-corn if it be lawfully demanded at or on the Feast-day of St. Michael the Archangel And it is hereby concluded and agreed by and between the said Parties to these presents and the said T. A. doth for himself and A. his wife their Heirs Executors c. covenant promise and agree to and with the said T. M. his Executors Administrators and Assigns that it shall and may be lawful to and for the said T. M. his Executors Administrators and Assigns quietly and peaceably to have hold occupy possess and enjoy all and singular the said three Pastures or Grounds and Premises with their and every of their appurtenances from time to time and at all times hereafter during the said term without the lawful let and interruption of him the said T. A. and A. his wife their and either of their Heirs Executors or Assigns or of any other person or persons whatsoever lawfully claiming from by or under them or either of them And also freed and discharged of and from all and all manner of former Bargains Sales Gifts Grants Judgments Executions and other Charges of Incumbrances whatsoever had made done or suffered by them or either of them Provided alwayes and it is nevertheless agreed and concluded by and between the said Parties to these presents and it is the true intent and meaning thereof That if the said T. A. his Executors Administrators c. or either of them shall well truly pay or cause to be paid unto the said T. M. his Executors Administrators and Assigns the full and entire sum of c. of lawful money of England on the day of c. next ensuing the date of these presents at or in c. That then this present Indenture Demise and Grant and every Clause and Article therein contained shall cease determine be void and of none effect any thing in these presents contained to the contrary thereof in any wife notwithstanding In witness c. An Indenture of Bargain and Sale of a Mannor with necessary Covenants THis Indenture made the c. between J. W. of c. on the one part and R. D. of c. and B. his wife on the other part Witnesseth c. Hath granted aliened bargained and sold and by these presents doth grant allen bargain and sell unto the said R. D. and B. his wife their Heirs and Assigns all that the Mannor of c. with the appurtenances in the County of Essex And all the Lands Tenements and Hereditaments with the Appurtenances whatsoever by what name or names soever the same or any of them be known or called now in the Tenure or Occupation of W. E. or his Assigns Together with all and singular the Lands Tenements Profits Commodities and Hereditaments to the said Mannor of H. belonging or in any wise appertaining or with the same at any time heretofore demised used or occupied or reputed taken occupied or known as any part parcel or member thereof And all other his Messuages Lands Tenements and Hereditaments whatsoever lying and being in the Parish of c. or in any of them in the said County in E. And all and singular the Reversion and Reversions Remainder and Remainders of them and every of them and all Rents reserved upon any Demise or Lease of them or any part of them And also all the Estate Right Title or Interest Use Possession Claim and Demand whatsoever which he the said J. W. now hath may might should or in any wise ought to have of in and to all and singular the said bargained premises or any part thereof Together with all and singular Evidences Deeds Escripts Charters Writings Court-Rolls Books of Survey and Monuments whatsoever concerning the same as be now in the Hands Custody and Possession of the said I. W. or in the Hands Custody and Possession of any other person or persons whatsoever to his use by his delivery or which he may lawfully get or come by without suit in Law And the said J. W. doth covenant promise and grant for himself his Heirs Executors and Administrators and for every of them to and with the said R. D. and B. his wife their Heirs and Assigns upon reasonable request to deliver or cause to be delivered unto the said R. D. and B. or either of them their or either of their Heirs or Assigns at or before the Feast-day of St. Michael the Archangel next ensuing the date of these presents true Copies of all such Evidences and Writings as concern the said Lands together with any other Lands of the said J. W. to be written at the Costs and Charges of the said R. and B. or either of them their Heirs or Assigns Habend To have and to hold all and singular their said Mannor of H. Lands Tenements and all other the aforesaid premises and all and singular their appurtenances before in and by these presents bargained and sold and every part and parcel thereof unto the said R. D. and B. his wife their Heirs and Assigns for ever And the said J W. for himself his Heirs That he is seised in Fee and hath power to grant Executors and Administrators doth covenant and grant to and with the said R. D. and B.
or from the said Mannor or any of the Lands Tenements and other the aforesaid premises without any fraud or covin of the said R. D. and B. or either of them their Heirs or Assigns by reason of any Right Title Estate of Interest to be had or made by R. W. the Grand-father or I. W. the Father of the said I. or the said I. or by any other person or persons claiming in by or under their or any of their Estates Titles or Interests That then he the said I. his Heirs Executors or Administrators or some of them shall and will within six moneths next after such eviction so to be had of the said Mannor or of any other the premiles or any part or parcel thereof upon reasonable request to be made at or in the c. well and truly pay or cause to be paid unto the said R. D. and B. their Heirs and Assigns for every Acre five pound and so after that rate and rate-like and that without fraud covin or further delay In witness c. An Indenture to lead the use of a Fine THis Indenture made the c. between F. G. of c. of the one part and R. VV. of c. of the other part VVhereas it is condescended unto and agreed between the said F. G. his Heirs c. and the said R. VV. his Heirs c. that the said F. G. his Heirs shall from time to time during two years next ensuing the date of these Indentures do cause suffer and make such assurance of his Mannors of M. and S. in the County of D. and the Advowson of the Church of A. and of all his Lands Tenements Rents Reversions Services and Hereditaments whatsoever in M. and D. in the County of D. in such manner and form as by the said R. VV. his Heirs and Assigns or his or their Council learned in the Law shall be reasonably devised advised or required at the Costs and Charges of the said R. VV. Now witnesseth this Indenture That the said R. VV. hath devised that the said F. G. at the term of Saint Hillary next ensuing the date above-written shall levy and acknowledge one Fine c. of the said Mannors Lands Tenements Advowsons and all other the premises to the said R. VV. and his Heirs in due form of Law which Fine so to be had levied and executed touching and concerning the said Mannor of M. c. and all the Lands Tenements Meadows Leasows Pastures and Hereditaments with the appurtenances to the said Mannor of M. c. belonging to the said F. G. for himself and his Heirs doth covenant and grant to and with the said R. VV. by these presents shall stand and be to the use of the said F. G. during his life without impeachment of waste and after his Decease to the use of the said R. VV. and D. his wife and of the Heirs of the said R. on the body of the said D. lawfully begotten and for default of such Issue to the right Heirs of the said R. VV. for ever And which Fine to be levied and executed touching and concerning all the residue of the premises the said F. G. for him and his Heirs doth covenant and grant to and with R. VV. by these presents that the said Fine shall stand and be to the use of the said F. G. and I. now his wife and the Heirs of the said F. upon the Body of the said I. begotten And for default of such Issue then to the use of the said R. VV. and D. and of the Heirs of the Body of the said R. and D. between them lawfully begotten and for default of such Issue then to the right Heirs of the said R. VV. for ever In witness c. An Indenture of Demise of divers Lands c. in consideration of a sum of Money paying a Pepper-corn yearly THis Indenture made the third day of May 1649. c. between Sir T. B. of D. in the County of c. Knight and Baronet and M. H. of D. aforesaid Gentleman Servant to the faid Sir T. B. of the one part and Sir W. T. of C. in the County of N. Knight of the other part Witnesseth That the said Sir T. B. and M. H. as well for and in consideration of the sum of c. of lawful money of England to them in hand paid before the ensealing and delivery hereof by the said Sir W. T. whereof and wherewith the said Sir T. B. doth acknowledge himself satisfied contented and paid and thereof and of every part and parcel thereof doth acquir and discharge the said Sir W. T. his Heirs Executors and Administrators and every of them by these presents as also for divers other good Causes and Considerations them hereunto moving Have demised granted and to farm-letten and by these presents do demise grant and to farm-let unto the said Sir W. T. his Executors Administrators and Assigns all those several Closes or parcels of Land Meadow Pasture and Arable called or known by their several Names following That is to say one Close or parcel of Ground called D. containing by estimation c. Acres be the same more or less and one other Close or parcel of Land called E. containing by estimation c. Acres be the same more or less And one Close or parcel of L. and called C. containing by estimation c. Acres be the same more or less c. All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Parishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part or parcel of the Mannor of H. alias H. aforesaid And also all singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture Waters Fishings Woods Underwoods Trees Bushes Fences Free-boards Wayes Easements and all other Rights Jurisdictions Priviledges Franchises Liberties Profits Conditions Emoluments and Hereditaments whatsoever growing arising being coming or issuing in upon or out of the premises and every part and parcel thereof or to the same or any part thereof belonging or appertaining To have and to hold all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances unto the said Sir W. T. his Executors Administrators and Assigns from the first day of May last past before the date hereof unto the full end and term of One thousand years from thence next immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir T. B. his Heirs or Assigns one Pepper-corn at the Feast of Saint Michael the Arch-angel only if the same be lawfully demanded And the said Sir T. B. and M. H. for them their Heirs and Assigns do joyntly and severally covenant grant and agree to and with the said Sir W.
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
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
Kingdom of England and the Reversion and Reversions Remainder and Remainders of all and singular the said premises and all Rents and yearly Profits reserved due or payable by or upon any Demise Lease or Grants Demises Leases or Grants made of the said premises or any part thereof and all the estate right title interest claim and demand whatsoever of him the said J. W. of in and to the same premises and every or any part or parcel thereof and also such Deeds Charters c. To have and to hold the said Mannors Messuages Farms Tenements and Rectory and all and singular other the premises before by these presents granted or mentioned meant or intended to be granted with their and every of their appurtenances unto the said A. B. C. D. c. their Heirs and Assigns for ever to the uses intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say as for touching and concerning the said Mannor Capital Messuage and Farm of Burnet and all Lands Meadows Pastures c. And the said Rectory and Parsonage of Chewion alias Chewton and with the rights members and appurtenances thereof and all and all manner of Tythes of Corn Hay and Wooll and all Obligations Obventions Profits Commodities and Hereditaments whatsoever coming growing yearly renewing or happening in Chewton aforesaid or else-where to the said Rectory or Parsonage belonging or in any wise appertaining and the said Messuage or Tenement c. and the said three Messuages or Tenements c. and all Cellars Sollers Houses c. and the Reversion and Reversions thereof c. and all Rents and Services thereunto belonging or in any wise appertaining to the use and behoof of J. W. and his Assigns for and during the term of the natural life of the said J. W. without impeachment of or for any manner of waste and after the decease of the said J. W. then to the only use and behoof of the said Rachel for and during the term of her natural life for and in the name of her Joynture and in full recompence of her Dower and title of Dower which she the said Rachel shall or may have of or to the Lands Tenements and Hereditaments of the said J. W. and after the decease of the said J. W. and Rachel then to the use and behoof of the Heirs of the body of the said J. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs or Assigns for ever upon this hope trust and confidence nevertheless in them reposed by the said J. W. that they the said A. B. C. D. c. and the Survivors and Survivor of them and his and their Heirs and Assigns and at all times after the ending of the said Estates of the said J. W. and Rachel his wife of and in the said Mannors and Premises to them above-limited make such Grants and Conveyances of the same and dispose distribute and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing by him to be subscribed with his own hand and sealed with his Seal in the presence of three or more Witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare or appoint and for and in default of such nomination or appointment then that the persons trusted and the Survivors and Survivor of them his and their Heirs and Assigns shall convey and assure the said Mannor and Premises to and on the right Heirs of the said J. W. for ever and as for touching and concerning all other the said Messuages Lands Tenements and Premises residue with the appurtenances whereof no use is before by these presents limited or declared to the use and behoof of the said J. W. and of the Heirs of his body lawfully begotten and to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs and Assigns for ever upon the like hope trust and confidence in them reposed that they the said persons trusted and the Survivors and Survivor of them and his and their Heirs and Assigns at all times from and after such time as the said J. W. shall be dead without Heir of his body shall make such Grants and Estates of the said Lands and Premises residue c. or any part or parts thereof and distribute dispose and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing to be by him subscribed with his own hand and sealed in the presence of three or more witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare limit and appoint and for and in default of such nomination or appointment then that the said person or persons trusted and the Survivors or Survivor of them his and their Heirs and Assigns shall convey and assure the same Lands and Premises residue with the appurtenances to and upon the right Heirs of the said J. W. for ever Provided always and it is fully and plainly convenanted concluded and agreed by and between the said Parties to these presents for them their Heirs and Assigns that it shall be lawful to and for the said John W. and that the said J. W. shall have full power and authority from time to time and at all times hereafter at will and pleasure by his Deed or Deeds in writing to demise grant and to farm-let all or any the said Mannor Messuages Lands Tenements and Hereditaments and every or any part or parts thereof as well in possession as in reversion or in possession or in reversion unto any person or persons for one two or three lives or for any number of years whatsoever by and under such Rents Reservations Covenants Conditions Limitations and Agreements as to him shall seem meet or without any Rent Reservation or Condition at his will and pleasure at that when and as often as any such Demise Grant or Lease shall be so made by the said J. W. of the premises or any part or parts thereof the said parties trusted and every of them and the Survivors and Survivor of them and every of them and his and their Heirs and Assigns shall stand and be seized of such part parts and parcels of the said Mannor Messuages Farms Tenements Rectory and Premises as shall be so demised leased or granted immediately from and after every such Demise Lease or Grant made to the use and behoof of every such person and persons to whom any such Lease Demise or Grant shall be so made and
as aforesaid that then one Recognizance in the manner of a Statute-staple bearing date c. taken and knowledged c. wherein the said F. M. standeth bound to the said I.M. in the sum of c. shall be utterly void and of none effect In witness c. An Assignment of an Extent upon a Statute THis Indenture made the c. between T.O. of c. of the one party and Sir L.L. of c. and L.B. of c. of the other party witnesseth That whereas T.R. of c. R.R. of c. and R.B. of c. by their Recognizance in the nature of a Statute Staple bearing date the c. taken and acknowledged before c. did acknowledge themselves to owe to the said T. O. the sum of c. payable as in and by the said Statute or Recognizance more at large appeareth And whereas also certain Writs of Extent bearing date the c. in the c. were awarded out of the Court of Chancery being directed to the then Sheriff of the County of York by vertue of which Writ so directed into the County of York the same then Sheriff did extend all that the Mannor or Capital Messuage c. in the c. and divers Lands Tenements c. as in and by an Inquisition thereof had and taken by the said Sheriff at R. in the County of York aforesaid bearing the c. then last past annexed to the said Writ of Extent and remaining of Record in the High Court of Chancery more at large it doth and may appear And whereas also afterward Sir M.W. Knight then Sheriff of the said County of York by vertue of a Writ of Liberate likewise directed to the said Sheriff hath delivered possession and seizin of the said Mannor or Capital Messuage and of and in divers Lands Tenements Meadows Feedings and Pastures with their appurtenances in M. aforesaid in the said County of York c. unto the said T. O. to have and to hold the said recited premisses in the said Writ mentioned unto him the said T. O. and his Assigns as his Free-hold untill the said debt of c. with costs charges and damages should be of the said Mannor Lands and Tenements so extended and delivered should be paid as in and by the said Writ of Liberate remaining of Record in the High Court of Chancery more at large appeareth Now this Indenture further witnesseth That the said T. O. for and in consideration of a competent summe of good and lawful money of England to him in hand at and before the ensealing and delivery of these presents by the said Sir R. L. and L. B. well and truly contented and paid whereof and wherewith he acknowledgeth himself fully satisfied and paid and thereof and of every part and parcel thereof doth clearly quit exonerate and discharge the said Sir R. L. and L. B. their Heirs Executors Administrators and every of them for ever by these presents hath given granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely give grant bargain sell assign set over unto the said Sir R.L. and L.B. their executors administrators and assigns all the estate right title interest property claim and demand whatsoever which he the said T.O. now hath or had or may might or ought to have of in or to the said Mannor or Capital Messuage Lands Tenements Hereditaments and Premisses in M. aforesaid and of in and to the moiety c. and of in and to every part parcel thereof with the appurtenances by force and vertue of the said extent inquisition and Liberate aforesaid and every or any of them or in them or any of them contained to have and to hold occupy possess receive take and enjoy the said Mannor of M. the said moiety of c. and all and singular other the premisses before mentioned with their appurtenances together with all rents issues profits commodities and advantages thereof whatsoever unto the said Sir R.L. and L.B. their Heirs and Assigns to the only proper use and behoof of them the said Sir R.L. and L. B. their Heirs and Assigns for ever for and during the term and continuance of the said Extent untill the said sum of c. with the costs damages and charges be out of the said Mannor and other the premisses extended as aforesaid fully satisfied contented and paid as is aforesaid In witness c. A Condition for finding Apparel for an Apprentice by his Friends THe Condition That whereas J. R. Son of the within-bound E. R. by his Indenture of Apprentiship bearing date c. last past before the date within-written hath put himself Apprentice to the within-named H. S. to the Art which he now useth and with him to serve and dwell after the manner of an Apprentice from the day of the date of the same Indenture for and during the term of eight years from thence next ensuing and fully to be compleat and ended as by the same Indenture may appear And whereas it is intended and agreed upon by and between the said E. R. and H. S. that he the said E. R. his Executors or Administrators or some of them shall from time to time and at all times during the said term of eight years find and provide to and for the said J. K. good sufficient and necessary Rayment and Apparel as Doublet Hose Shooes Stockings Shirts Bands Cloak Hat and all things needful and convenient for such an Apprentice If therefore the said E. R. his Executors Administrators or Assigns do and shall yearly and every year at or before the Feast of Easter during all the said term of c. find and provide to and for the said J. R. such sufficient Rayment and Apparel as aforesaid and at all other time and times needful during all the said term or otherwise in default thereof well and truly pay or cause to be paid unto the said H. S. his executors administrators and assigns at or in c. the sum of 3 l. 6 sh 8 d. of c. for and towards the said Apparel on or before the said Feast-day of the Ascension of our Saviour in every year yearly during the said term without fraud or coven that then this c. A Condition for Money given by Will to be lent gratis THe Condition c. That whereas A.B. c. by his last Will and Testament bearing date c. did give and bequeath unto the Parson and Church-wardens of the Parish of c. the sum of c. to be lent unto young men of the said Parish upon sufficient Sureties for two years gratis and so from two years to two years to some other young men of the same Parish by 10 l. a man without paying any consideration for the same as by the same Will more at large may appear of which said sum of c. the within-bound W.L. the day of the date within-written hath had and received 10 l.
to their Assigns and the Assigns of the Survivor of them well and truly to be made every year during their natural lives and during the natural life of the longer liver of them according to the tenor effect and true meaning of these presents The said Earl for himself his Heirs Executors and Administrators every of them and for the said Countesse his Wife doth covenant grant and agree to and with the said I. and A. their Executors Administrators and Assigns and every of them by these presents The said Earle and Countess will permit c. to recover c. by Writ of c. That he the said Earl and the said Countesse his Wife before the last day of Nov. now next coming shall and will permit and suffer the said I. and A. at the cost charges in the Law of the said I. lawfully to recover against the said Earl Countess by Writ of Entry Sur Disseisin with Voucher or Vouchers after the order and course of Common Recoveries of all that the Mannor of A. with the appurtenances in the County of S. c. and all and singular Messuages Lands Tenements Rents Reversions Rights Patronages of Churches Franchises Liberties Jurisdictions Priviledges and Hereditaments whatsoever esteemed reputed used demised or taken as part parcel or member of the said Mannor of A. and all and Singular Mannors Messuages Lands Tenements Reversions Services and Hereditaments whatsoever which the said Earl and Countesse have or either of them hath or at any time had in or within the said c. And also the said Earl and Countesse shall likewise permit and suffer the said I. and A. lawfully to recover against the said E. and C. by another Writ of Entry sur disseisin with Voucher or Vouchers after the order c. of all that the Mannor c. and likewise to recover c. by another Writ of Entry And that all the said Recoveries shall be in due Form of Law lawfully Executed And moreover that as well the said E. and C. now his Wife at the costs and charges of the said I.W. in the Law on or before the last day of November now next coming as aforesaid shall and will by fine in due form of Law to be levied with proclamations according to the statute in that behalf provided convey and assure unto the said I. and A. and to their Heirs or to the Heirs of one of them all the said Mannors and all the premisses with all and singular their appurtenances with warranty of the said E. and the said C. his Wife and of the Heirs of the said E. of all the premisses to the said I. S. and A. his Wife and to the Heirs of the said I. against all men as also that after the said Fine had recovered and executed Sir G.H. Kt. brother of the said E. on this side such a day at the costs and charges in the Law only of the said I. and A. or of their Assigns shall and will by Fine with Proclamations according to Statute in due form of Law by him the said Sir G. to be levied grant and release unto the said E. and his Heits all and singular the premisses with warranty of the same to the said E. and his Heirs against him the said Sir G. and his Heirs according to the usual manner of Fines And it is condescended concluded and agreed between the said parties that as well the said Fine of the said E. That the fine and recoveries shall be to the use of c. and C. and the said Recovery and Recoveries so to be had and executed as is aforesaid as also the said Fine of the said G. H. and all other Fine and Fines Recovery and Recoveries Assurance and Assurances whatsoever specified or mentioned in these presents shall be to the uses intents and purposes hereafter expressed in these Indentures and to none other use or uses intent or purpose that is to say to the use and behoof of the said E. and his Heirs untill default of payment shalt be made of the said Annuity granted by these presents or of some part thereof contrary to the form tenor and effect of these presents and after default of payment of the said Annuity or any part thereof contrary to the form tenor and effect of these presents then to the onely use and behoof of the said I. and A. and for and during the term of their natural lives and the life of the longer liver of them their Assignee and Assignees And the Assignee of the survivour of them In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written A Lease for a year THis Indenture made the c. day of c. in the Year of our Lord God according to the accompt used in England 1658. between W. S. the elder of c. in the County of c. Esq and Doctor in Divinity of the one part and S.M. and C.D. of c. in the County of c. Gent. of the other part Witnesseth that the said S.W. for and in confideration of the Sum of five shillings of lawful money of England to him in hand paid by the said S.M. and C.D. whereof he doth hereby acknowledge the receipt hath bargained and sold and doth by these presents bargain and sell unto the said S.M. and C.D. their Executors Administrators and Assigns all the Lands Tenements and Hereditaments with their and every of their appurtenances commonly called or known by the Names of c. containing by estimation six hundred and thity acres be the same more or lesse scituate lying and being in the Towns Parishes Villages and Hamlets of G. and S. in the said County of c. or one of them together with all other lands tenements and hereditaments heretofore of Sir S.W. deceased and now or late of the said S.W. that are scituate lying and being in the Towns Villages and Hamlets of M. and T. aforesaid or either of them and also the reversion and reversions remainder and remainders thereof to have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S M. and C.D. their Executors Administrators and Assigns from the day next before the date hereof unto the end and term and for and during the term of one year from thence next ensuing to the intent that by virtue thereof and of the Statute for transferring uses into possession the said S.M. and C.D. may be in the actual possession of the said lands tenements and premisses and be enabled to take and accept of a grant and release of the same premisses to them their Heirs and Assigns for ever In witnesse c. A Release and confirmation of the precedent lands THis Indenture made the c. day of c. in the year of our Lord God according the accompt used i● England 1658. Between W.S. of c. in the County
of c. Esquire and Dector in Divinity of the one part and S.M. and C.D. of c. in the County of c. Gentleman of the other part Whereas the said W.S. by Indenture bearing date the c. day of this instant moneth of c. for the consideration therein expressed did bargain and sell unto the said S M. and C.D. all those lands tenements and hereditaments with their and every of their appurtenances commonly called or known by the Name of c. containing by estimation six hundred and thirty acres be the same more or lesse scituate lying and being in the Towns Villages and Hamlets of T. and M. in the said County of c. or one of them together with all other lands tenements and hereditaments hereofore of Sir S.W. deceased and now or late of the said S.W. that are scituate lying and being in the Towns Villages and Hamlets of G. and S. aforesaid or either of them and also the reversion reversions remainder remainders of the said lands tenements and premisses and every part thereof To have and to hold the said lands tenements and premisses with the appurtenances unto the said S.M. and C.D. their Executors Administrators and Assigns from the day next before the date of the said recited Indenture unto the end and term of one year from thence next following To the intent that by vertue thereof and of the statute for transferring uses into possession the said S.M. and C. D. might be in the actual possession of the said lands tenements and premisses and be enabled to accept of and take a grant and release of the reversion and inheritance thereof to them and their Heirs to the use of them their Heirs and Assigns for ever as by the said recited Indenture more at large appeareth Now this Indenture witnesseth that the said S.W. as well for and in consideration of the sum of c. of lawfull money of England paid and secured to be paid by the said S. M. and C. D. to several persons by the direction and appointment of the said S. W. and for some of his debts wherewith the said lands and premisses stood charged and lyable That is to say three thousand pounds part thereof to F.R. Esquire and C. I. Citizen and Mercer of London in satisfaction and discharge of the money due to them by and upon a grant and conveyance thereof heretofore made of the said lands and premisses by the said W.S. and R.I. Esquire to the said F. R. and C.I. and their Heirs and c. residue of the said sum of c to Sir C.C. and Sir P.E. in satisfaction and discharge of their right and estate which they had of and in the premisses by a grant and conveyance of the said S.W. before this time made to them and their Heirs As also in consideration of a competent sum of money by the said S. M. and C. D. to the said S. W. in hand paid whereof he doth hereby acknowledge the receipt hath granted remised released and confirmed and doth by these presents grant remise release and confirm unto the said S. M. and C. D. in their actual possession now being by vertue of the said recited Indenture of bargain and sale made to them of a year and of the said statute and to their Heirs and Assigns the aforesaid lands tenements hereditaments and premisses with the appurtenances and all the estate right title interest claim and demand whatsoever of the said S.W. of in and to the same and every part thereof and the reversion and reversions remai●d●r and remainders thereof and of every part thereof To have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the onely use and behoof of the said S.M. and C.D. their Heirs and Assigns for ever And the said S.W. for himself his Heirs Executors Administrators and Assigns doth covenant and grant to and with the said S. M. and C. D. their Heirs and Assigns by these presents in manner and form following that is to say that the said S.M. and C.D. their Heirs Assigns shall and may from time to time and at all times for ever hereafter peaceably and quietly have hold and enjoy the aforesaid lands tenements and premisses with the appurtenances before herein mentioned to be granted without any let trouble molestation or interruption of the said S.W. or of his Heirs or of any other person or persons whatsoever having or lawfully claiming to have any estate right title interest term claim or demand of in and to the same and every or any part thereof and that freed acquitted and discharged or well and sufficiently saved and kept harmless by the said S.W. his Heirs Exe●utors Administrators and Assigns of and from all former and other grants bargains sales feoffements mortgages joyntures dowers leases estates Statutes-Merchant and of the staple recognizances judgements executions post-fines issues amerciaments rent-charge and seck all arrerages of rents and of and from all other titles troubles charges and incumbrances whatsoever had made committed suffered or done by the said S.W. or by any other person or persons whatsoever except one conditional grant of the premisses heretofore made by the said W.S. and B.I. Esquire to F.R. Esquire and C.I. Citizen and Grocer of London their Heirs and Assigns by way of Mort-gage for security of payment of a sum of money therein mentioned And also that the said S.W. Sir C.C. and Dame E. his wife and S.W. Esquire and C. his wife the said C. and E. being sisters and coheirs of S.C. Esquire deceased their Heirs and Assigns and all and every other person and persons having or lawfully claiming to have any estate right title interest clame or demand of in or to the said Lands Tenements and Premisses hereby granted or any part thereof shall and will from time to time and at all times hereafter at the reasonable request and at the Costs and Charges in the Law of the said S.M. and C.D. their Heirs and Assigns make do acknowledge levy suffer and execute and cause and suffer to be made done acknowledged levyed suffered and executed all and every such other and further acts things devices and assurances in the Law whatsoever of the said Lands Tenements and Premisses before herein mentioned to be granted with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns be it by fine feoffment deed or deeds enrolled or not enrolled recovery with voucher or vouchers over release and confirmation or by all or any of them or by any other reasonable assurance in the Law as by the Council learned in the Law of the said SM and C. D their Heirs or Assigns shall be reasonably dey●sed or advised and required the which said further assurance and assurances so to be had and made shall be and shall endure to the only use and behoof of the said S.M. and C.D.
and written out at the costs and charges of the said Sir R. D. his heirs and assigns All which said Writings and Evidences the said R. H. doth hereby covenant for him his heirs and assigns to and with the said Sir R. D. his heirs and assigns to deliver unto him the said Sir R. D. his heirs or assigns at or before the Feast of St. J. the Apostle next ensuing the date hereof safe whole uncancelled and undefaced To have and to hold the said Mannor or Lordship Advowson Rectory Chantrey Messuages Tenements Farm Lands Meadows Pastures Hereditaments and all other the premisses with their and every of their appurtenances unto the said Sir R. D. his heirs and assigns to the only c. And the said R. H. for himself c. doth Covenant c. That he the said R. H. now is and at the time of the first executing of an estate of the said Mannor and premisses by force of these presents unto the said Sir R. D. shall be lawfully and absolutely seized in his Demesne Seized in see-simple as of Fee-simple to him and his heirs of and in the said Mannor Messuages Lands Tenements Advowson Hereditaments and Premisses with their appurtenances without any manner of Condition or Limitation of any Use of Uses to alter change determine or make void the same and without any Reversion or Remainder thereof or of any part thereof in his Kings Majesty his Heirs or Successors being made or limited by the said R. H. or I. H. his Uncle deceased whose heir the said R. H. now is And that he now hath and then shall have good right full power and lawful Power to Alien and lawful and absolute authority to grant bargain sell and convey the said Mannor Lands and all other the premisses with the appurtenances unto the said Sir R. D. his heirs and assigns according to the true intent and meaning of these presents notwithstanding any Act had made done or suffered by the said R. H. or the said I. H. his said Uncle or either of them And that the said Mannor Messuages Lands Advowson and all other the premisses with their and every of their appurtenance Freed from Incumbrances now are and so shall and may for ever hereafter remain continue and be unto the said Sir R. D. his heirs and assigns free and freely and clear and clearly acquitted exonerated and discharged of and from all and all manner of former and other Gifts Grants Leases Joyntures Dowers Uses Wills Intails Annuities Statutes-Merchant and of the Staple Recognizances Bonds Judgements Executions Extents Seizures Condemnations Rents arrerages of rents Intrusions Forfeitures Mortgages Fines for Alienation without licence Debts of Record Debts to his Majesties Estate Tithes Troubles Charges and Incumbrances whatsoever had made committed done or suffered by him the said R. H. or by his Assent Consent Act means or procurement or by J. H. his said Uncle or either of them An Exception of Leases One Lease for the term of 20 years to be accounted from the Feast of the Annuntiation of of our Lady St. Mary the Virgin in the year of our Lord God c. of parcell of the premisses made by the said R. H. to one I. D. wherein the yearly rent of Nine pounds is reserved One other Lease for the term of 22. years to be accounted from the Feast of St. M. in the Eighteenth year of the Reign of our late Soveraign Lord King James over England c. of other parcel of the premisses made by the said R. H. to one C. O. and whereupon the yearly Rent of 20 l. is reserved One other Lease c. All which said several Rents shall from henceforth be due and payable to the said Sir R.D. his heirs and assigns during the several and respective terms aforesaid And further The said R. H. and I.H. for themselves Govenant for quiet enjoying c. do Covenant c. with the said Sir R. D. c. That he the said Sir R.D. his heirs and assigns and every of them shall and may for ever hereafter quietly and peaceably have hold occupy possesse and enjoy the said M. Farm Advowson Lands and Premisses with their and every of their appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said R. H. and I. H. o● either of them their or either of their heirs or Assigns or any 〈◊〉 them And without the lawful Let Suit Trouble Denial Molestation Interruption or Eviction of all and every other person 〈◊〉 persons whatsoever lawfully claiming by from or under the● the said R. H. and I. H. or either of them their or either of the estate right or title or by from or under I. H. deceased Uncl● of he said R. H. except before excepted And also that they th● said R. H. and I. H. parties to these presents and either of them For further assurance their and either of the● heirs and assigns and M. now the wife o● the said R.H. and every of them shall and will from time to time and at all times hereafter c. And it is hereby declared concluded c. That all Fines Feoffments Recoveries and all other assurances whatsoever had made levied suffered or executed to be had made levied suffered or executed by or between the said parties to these presents or any of them of the said M. and premisses or of any of them shall be and enure and hereby and by all the parties to these presents are agreed to be and enure To the only proper use and behoof of the said Sir R. D. and of his c. and to none other use intent or purpose whatsoever In witnesse c. Sir Alex. D. being seized of the Mannor of B. in Corn. O. for life with Remainder to his first Son and his heirs with Remainder to his second Son and so to the tenth Son sell the Mannor-House and half the Lands to Sir T.R. which to secure settles the Mannor of C. by the Collateral Deed and Bargain and Sale ut sequitur THis Indenture made the day of c. between Sir A.L. on the one part and Sir T.R. on the other part Whereas the said Sir T.R. at the ensealing and delivery of these presents hath paid unto the said Sir A.D. the Sum of 2000 l. of currant money of England in Consideration whereof the said Sir A. D. Dame M. his wife and the heirs of the said Sir A. are to convey and assure unto the said Sir T.R. his heirs and assigns All that the Mansion-house and Capital Messuage of the said Sir A.D. with all Houses Edifices Barns Stables Buildings Yards Orchards and Gardens with their and every of their appurtenances situate lying and being in G. B. in the County of O. And also all Trees Furzes Woods and Under-woods with their and every of their appurtenances st●nd●ng growing lying and being in all or any the Closes and parcels of ground herein after
particularly expressed and also all Waters Fishings and Fish-ponds being in or between the same and the moity of all other Waters adjoyning and next to the same now or late in the possession of the said Sir A. D. situate lying and being in G. B. aforesaid in the said County of O. And also all that Close c. reciting the particulars with the buttalls and boundalls 〈◊〉 And also all usual Wayes Easements Profits and Commodities to all and singular the premisses and to every part and parcel thereof belonging or in any wise appertaining And all and singular the Tythes which at any time hereafter may arise or grow due out of all or any the premisses aforesaid All and singular which premisses are situate lying and being in the Parish of G. B. aforesaid in the said County of O. Together also with all the Wayes and Passages now or at any time within the space of three years last past used or occupied unto or with the premisses or any part thereof for the said Sir T.R. his heirs and assigns and for his and their Servants Cattle and Carriages in and through any other the grounds of the said Sir A. D. in G. B. aforesaid unto the premisses and every of them intended to be conveyed and assured as aforesaid In which conveyances and assurances to be made of the premisses in manner and form aforesaid there are to be excepted to and for the said Sir A. D. his heirs and assigns Lessees Farmors and Under-tenants and all his and their Servants and all others by his and their appointment necessary and convenient wayes and passages in and through all or any the premisses to be conveyed as aforesaid unto and from all or any the Closes and Grounds of the said Sir A. D. situate in B. aforesaid not to be conveyed unto the said Sir T. R. aforesaid Now this Indenture witnesseth That for the quiet enjoying of all and singular the before mentioned premisses with their and every of their appurtenances unto the said Sir T. R. his heirs and assigns and for and in consideration of the Summe of 5 s. of currant money of England in hand paid by the said Sir T. R. unto the said Sir A. D. that the said Sir A. D. hath granted bargained sold enfeoffed and confirmed and by these presents doth grant bargain sell enfeoffe and confirm unto the said Sir T. B. his heirs and assigns for ever All that his Mannor of C. with the appurtenances in the Parish of P. or elsewhere in the said County of B. And all Messuages Closes Lands Meadows Pastures Woods and Hereditaments with their and every of their appurtenances of the said Sir A. D. scituate lying and being in the Town Hamlets Fields and Precincts of C. and P. aforesaid or in either of them in the said County of B. And also the Reversion and Reversions Remainder and Remainders of the said Mannor of C. and of all and singular the premisses with their appurtenances hereby intended to be granted bargained and sold And also all the estate right title interest claim and demand whatsoever of him the said Sir A. D of in and to the said M. of C. with the appurtenances and all other the premisses before by these presents mentioned to be granted bargained or sold with the appurtenances and of in and to every part and parcel thereof And also all Deeds Evidences and Writings touching or concerning the afore-bargained premisses only or only any part or parcel thereof To have and to hold the said M. of C. with the appurtenances and all and singular the afore by these presents bargained premisses with their appurtenances and the Reversion and Reversions Remainder and Remainders of the same and all the estate right title and interest of the said Sir A. D. of in and to the same and all Writings only concerning the same or only any part of the same unto the said Sir T.R. his heirs and assigns To the only c. And the said Sir A. D. for himself his c. doth Covenant c. That for and notwithstanding any act or thing by the said Sir A. D. or by Sir T.D. Knight deceased late Father of the said Sir A.D. done or suffered to the contrary he the said Sir A.D. now at the time of the ensealing and delivery of these presents is the true rightful and lawful Owner of the said M. of C. and of all and singular the afore-bargained premisses with the appurtenances and of the same and of every part of the same is lawfully seized in his Demeasne as of Fee-simple without any manner of Reversion or Remainder thereof or of any part thereof in his Kings Majesty that now is his Heirs or Successors or in any other person or persons whatsoever And also that he the said Sir T.R. his heirs and assigns for and notwithstanding any act or thing by the said Sir A.D. or by Sir T.D. Knight deceased as aforesaid done or suffered to the contrary shall and may from henceforth for ever hereafter lawfully quietly and peaceably have hold occupy possesse and enjoy the said M. of C. and all and singular the afore-bargained premisses with their appurtenances clearly acquitted exonerated and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Mortgages Leases Feoffments Joyntures Dowers Statutes Recognizances Rents Judgments Condemnations Executions Liveries Ousterlemains Issues Amerciaments Respites of Homage and of and from all other titles troubles charges estates and incumbrances whatsoever heretofore had made committed caused or done or hereafter to be had made committed caused or done by the said Sir A. D. and the said Sir T. D. or by either of them or by any other person or persons whatsoever lawfully having or claiming to have any estate right title and interest by from or under the said Sir T.D. and Sir A. D. or either of them or the heirs or assigns o● them or either of them The Joynture for the life of Dame M. D. now wife of the said Sir A. and one Lease for about six years to come heretofore made to J. B. at the yearly Rent of 30 l. per annum And one other Lease made to O. F. for about one year yet to come at the Rent of 100 l. per annum And one other Lease c. only excepted And further That he the said A D. his heirs and assigns and all and every other person and persons lawfully having or claiming to have by from or under them or any of them any estate right title or interest whatsoever of in or to the said Mannor of C. and other the afore by these presents bargained premisses or of in or to any part or parcel of the same shall and will at all times hereafter at or upon the reasonable request and at the only and proper costs and charges of the said Sir T.R. his heirs and assigns a Covenant pro future Ass so that the said assurance or assurances contain no further
have power to raise uses at the time of the sealing and delivery of these presents is and standeth seized of a good perfect and indefeazible estate in Fee-simple of and in the said Messuages Lands Tenements and Hereditaments and of and in every part and parcel thereof and that he hath lawfull power and authority by these presents to raise limit and appoint the aforesaid several Uses and Estates and that all and singular the premisses with their and every of their Appurtenances now are and so at all times and from time to time hereafter shall be remain and continue unto the uses intents and purposes before in and by these presents limited expressed and declared free and clear and freely and clearly acquitted and discharged of Discharged of Incumbrances and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Wills Entrails c. and of and from all other Titles Troubles Charges and Incubrances whatsoever In witness c. Words to be used upon the Delivery of Possession I Do deliver you possession and seizin of this house or of this parcel of Land in the name of all the rest contained in this Deed or Indenture To hold to you and your heirs and assigns for ever according to the tenor form and effect of this present Writing or Indenture A Conveyance of Land by three Co-heirs and their Husbands well penn'd THis Indenture made the Twentieth day of March in the Tenth year of the Reign of our Soveraign Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Between W. S. of B. in the County of B. husbandman and I. his wife W. M. of L.R. in the Parish of Princes Risborough in the said County husbandman and A. his wife and F.W. of P.R. aforesaid in the said County husbandman and A. his wife and E.A. of the Parish of P. R. aforesaid and S. his wife on the one part and I. M. of H. aforesaid in the said County husbandman on the other part Witnesseth That the said W. S. and I. his wife W. M. and A. his wife and F. W. and A. his wife The Consideration For and in Consideration of the summe of One hundred and ninety pounds of currant money of England to them the said W. S. and I. his wife W. M. and A. his wife F. W. and A. his wife E. A. and S. his wife by the said I. M. in hand paid before the ensealing hereof the receipt whereof the said W.S. c. do hereby acknowledge and thereof do jovntly and severally exonerate and discharge the said I. M. his Heirs Executors and Administrators and every of them for ever by these presents And for other good causes and considerations them moving The Grant have granted aliened bargained sold enfeoffed and confirmed and by these presents for them and their heirs do joyntly and severally Grant Alien Bargain Sell enfeoffe and confirm unto the said I. M. his heirs and assigns for ever All that Messuage Tenement or dwelling house with the appurtenances scituate lying and being at or near a place called W. A. in the Parish of B alias B. in the said County of B. wherein the said W.S. now dwelleth and wherein one W. W. deceased Father of them the said I. A. and A. did lately dwell and inhabit and all those five several Closes of Arable Land Meadow Pasture and VVoodground belonging to or used with the said Messuage Tenement and dwelling house lying and being in the Parishes of B. aforesaid W. and H. or in some or one of them in the County of B. And also all and singular Houses Edifices Buildings Barnes Stables Yards Back-sides Orchards Gardens Lands Tenements Meadows Pastures Feedings Commons Common of Pasture Wayes Easements Passages Profits Commodities Advantages Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage Tenement and dwelling house and premisses or to any of them belonging or in any wise appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof And all other the Lands Tenements and Hereditaments whatsoever of them the said W. S. and I. his wife W.M. F.W. E.A. and every or either of them scituate lying and being in the Parishes of B. W. and H. aforesaid or in any or either of them And also all the estate right title interest use possession reversion and reversions Remainder and Remainders Rent and Rents claim and demand whatsoever of them the said W.S. and I. his wife W.M. F.W. E.A. and every and either of them of in and to the said Messuage Tenement or dwelling-house Closes Lands and all other the premisses and of in and to every part and parcel thereof with their and every of their Appurtenances And all Writings Evidences Deeds Charters Fines Escripts and Minuments whatsoever concerning the premisses or any part thereof And true Copies of all such writings and Evidences as do concern the premisses or any part thereof with any other Lands Tenements or Hereditaments which now be in the hands custody or possession of them the said W.S. W.M. F.W. E.A. or any or either of them or which they or any of them may lawfully get or come by without sute in the Law the same Copies and every of them to be copied and written out at the costs of the said I. The Habendum M. his heirs or assigns To have and to hold the said Messuage Tenement or dwelling-house Closes Lands and all other the premisses with their appurtenances unto the said I. M. his heirs and Assigns To the only proper use and behoof of the said I. M. his heirs and assigns for ever And the said W.S. W.M. F.W. and E.A. for them and their heirs severally and not joyntly nor one for the other the said Messuage or Tenement Closes Lands and all other the premisses with the appurtenances unto the said I.M. his heirs against them the said W.S. W.M. F.W. E. Warranty A. and every of them their and every of their heirs and assigns Shall and will warrant and hereby do joyntly and severally grant to warrant and for ever defend by these presents And further the said W. S. c. for themselves severally and not joyntly nor one for the other and for their and every of their several and respective Heirs Executors and Administrators and for every of them do and doth covenant promise and grant to and with the said I. M. his heirs and assigns and to and with every of them by these presents That they the said W.S. c. for and notwithstanding any act or thing by them or any of them done or suffered to the contrary now are or some of them is and at the time of the first executing an estate of the premisses with the appurtenances unto the said I.M. shall be lawfully and absolutely seized in their Seized in Fee or some of their demeasne as of Fee-simple to
C. L. S. and the said D. L. witnesseth now this present Indenture The Consideration That the said C. Lord S. as well for and in consideration of the said Marriage and of the full Summe of 8000 pound that is to say the Summe of 7000 pound of good and lawfull money of England in hand paid and the Summe of 1000. pound more in Jewels in hand delivered unto him the said L. S. by the said E. Lord G. and Dame I. his wife at and before the ensealing and delivery of these presents whereof the Sum of 2000. Marks in moneys and the said 1000. pounds in Jewels were and was a portion given and left unto her the said D. by the last Will and Testament of Sir I. L. her Father deceased and the residue of the said 8000 pound was and hath been encreased for her by the providence care and great love of the said Dame I. G. her Mother since her said Fathers decease of and with which said Sums of 7000 pound in Money and 1000 pound in Jewels he the said C. Lord S. doth hereby acknowledge the Receipt and himself to be fully satisfied And thereof and of every part and parcel thereof doth for himself his Heirs Executors and Administrators and for every of them fully absolutely and clearly acquit exonerate and discharge the said E. Lord G. and Dame I. his Wife their Heirs Executors and Administrators and every of them for ever by these presents And for and in consideration of a competent Joynture to be had and made unto the said D. in case the said Marriage shall take effect and that she the said D. shall survive and over-live him the said Lord S. and for the better preservation and continuance of all and every the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned in the name and blood of the said Lord S. so long as shall please Almighty God also for divers and sundry other good and valuable Considerations him the said Lord S. hereunto especially moving Hath Covenanted promised granted and agreed and by these presents doth for himself his Heirs Executors Administrators and Assigns and for every of them covenant promise grant and agree to and with the said E. Lord G. and I. S. their heirs and assigns A Covenant to levy a Fine and to and with every of them That he the said C. Lord S. shall and will before the end of Michaelmas Term next ensuing the date of these presents before the Justices of our Soveraign L. the King of his Majesties Court of Common-Pleas at Westminster or before some other competent and fit person and persons thereunto lawfully and sufficiently authorized acknowledge and levy one or more Fine or Fines Sur Conusance de droit come ceo c. in due form of Law with Proclamations thereupon to be made according to the Common course of Fines in that case used and the Statute in that behalf made and provided unto them the said W.N. and A.T. and their heirs or the heirs of one of them The Mannors of all those his Mannors Lordships Lands Tenements and Hereditaments called or known by the several names of S. c. scituate lying and being in the County of Es with their and every of their Rights Revenues Members and Appurtenances whatsoever and of all that the Rectory and Church of H. with the Appurtenances thereof whatsoever General Words and of all and singular Messuages Houses Edifices Barns Stables Dove-houses Back-sides Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Wayes Passages Wast-grounds Heaths Furze Moors Marshes Woods Under-woods Rents Reversions Services Tithes as well great as small and of all other Hereditaments whatsoever scituate lying and being growing arising renewing and increasing within any the Towns Parishes Hamlers Tithings or Fields of S. c. in the said County of E. and in every or any of them or elsewhere to the said Mannors Rectory or other the Premisses or any of them belonging or in any wise appertaining or therewith used and enjoyed by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and J. S. their heirs or assigns or by their or any of their Councel learned in the Law shall be reasonably advised devised or required The true intent and meaning of which said Fine and Fines so to be acknowledged and levied of the said premisses between the said parties as aforesaid shall be and so shall be construed meant intended and adjudged to be to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect Tenements of the Freehold of the said Mannors Lordships and all and singular the premisses and of every part and parcel thereof with the appurtenances untill one or more perfect Common Recovery or Common Recoveries To suffer a Recovery may be had and executed of all and singular the same premisses against them the said W.N. and A.T. and their heirs according to the true intent and meaning of the said Parties to these presents And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and Form as aforesaid shall and will before the end of the said Michaelmas Term next ensuing the date of these presents permit and suffer the said E. Lord G. and I. S. to sue and presecute several Writs of Entry Sur disseisin en le post against them the said W. N. and A. T. of the said Mannors Lordships Lands Tenements Hereditaments and Premisses and of every part and parcel thereof with the Appurtenances by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and I.S. and their heirs or by their or any of their Councel learned in the Law shall be advised devised or required into and upon every of which said several Writs of Entry Sur disseisin en le post so to be brought the said W. N. and A.T. shall personally appear●● And then immediately after their appearance defence made shall and will in the said actions vouch to Warranty the said C. Lord S. and he the said Lord S. upon such Vouchee of him to be made shall and will in the said actions so to be brought forthwith Gratis and without Process appear thereunto and enter into Warranty and vouch over to Warranty the Common Vouchee to the end that the Common Vouchee may also appear and enter into Warranty and afterwards make default or depart in despite of the Court so that several perfect Common Recoveries with double vouchers may be had prosecuted and executed in
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
H. D. for the consideration hereafter is these presents mentioned and expressed for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said F. R. his Heirs Execotors Administrators and Assigns and every of them by these presents That he the said H. D. and _____ his Wife their Heirs Executors Administrators and Assigns shall and will at the proper costs and charges in the Law of the said F. R. his Heirs Executors Administrators or Assigns by or before the Tenth day of October now next coming after the day of the date of these presents make seal deliver do execute and acknowledge all and every such Act and Acts Deed and Deeds Fine and Fines Assurance or Assurances or other Conveyances in the Law whatsoever as he the said F. R. his Heirs Executors or Assigns or his or their Councel learned in the Law shall reasonably devise advise or require for the sure conveying setling assuring and sure-making unto the said F. R. his Heirs Executors Administrators and Assigns for ever All that Messuage or Tenement with all the appurtenances thereunto belonging or appertaining as the same now is in the occupation of P. A. Pewterer his Assignee or Assignees And of all that Messuage or Tenement with all the Appurtenances thereunto belonging or appertaining as the same now is in the tenure or occupation of _____ S. Chandler his Assignee or Assignees And of all that Room or Shop with the appurtenances now in the occupation of W. Cheese monger all which premisses are scituate lying and being on the South-side of the High-street commonly called Fleet-street London over against the Conduit at or next the Corner turning into Salisbury Court there In consideration whereof he the said F. R. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said H. D. his Heirs Executors Administrators and Assigns and every of them by these presents That he the said F. R. his Heirs Executors Administrators or Assigns or some of them shall and will well and truly satisfie content and pay or cause to be satisfied contented and paid unto the said H. D. his Heirs Executors Administrators or Assigns the full Sum of Five hundred and ten pounds of lawful money of England in manner and form following viz. Ten pounds thereof at the ensealing and delivery of these presents the Receipt of which said Ten pounds the said H. D. doth hereby acknowledge and confesse and thereof doth clearly and absolutely exonerate acquit and discharge the said F. R. his Heirs Executors and Administrators for ever by these presents And the other five hundred pounds refidue and in full payment thereof forthwith and immediately after that he the said H. D. and A. his Wife their heirs executors or assigns shall have levied and acknowledged to the sole and onely proper use and behoof of the said F. R. his heirs executors administrators and assigns in due form of Law such Conveyances and Fine or Fines of all the premisses with their appurtenances before mentioned or intended to be sold unto him the said F. R. his Heirs Executors or Assigns as the Council learned in the Law of the said F. R. his Heirs Executors Administrators or Assigns shall reasonably devise advise or require without covin or delay Item It is agreed between all parties to these presents That Assurances and Conveyances and all Fine or Fines hereafter to be had levied and acknowledged of all the premisses before mentioned shall be and enure and shall be deemed construed and taken to be and enure to the sole and only proper use benefit and behoof of him the said F. R. his Heirs Executors Administrators and Assigns for ever and to no other use intent or purpose whatsoever Lastly It is agreed That if the said _____ D. doth not travel up in person to the Cities of London or Westminster for to levy and acknowledge such a Fine or Fines or other Conveyances as shall be requisite for the sure setling of the premisses unto the said F. R. his Heirs Executors and Assigns in form afore-mentioned then he the said H. D. his Heirs Executors or Assigns shall pay and allow unto the said F. R. his Heirs Executors or Assigns at the acknowledging of such Fines the Sum of Ten shillings sterling for and towards his charges in procuring of a Writ called Dedimus potestatem to enable her the said D. to acknowledge the same Fine in the Countrey In witnesse c. Bonds to perform Covenants A plain Bargain and Sale to be enrolled THis Indenture made the _____ day of _____ in the seventh year of the Reign of our Soveraign Lord Charles by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Between J. B. Citizen and Gr●●●r of London of the one part and J. D. of H. in the County of E. Esq J. S. of Lincolns-Inne in the County of M. Esq J. C. of D. in the County of H. Clerk and R.D. Gent. second Son of the said J. D. of the other part witnesseth That the said J. B. for and in consideration of the Summe of five hundred and thirty pounds of good and lawful money of England to him in hand paid by the said J. D. the Receipt whereof he acknowledgeth by these presents hath granted bargained and sold and by these presents doth clearly and absolutely grant bargain and sell unto the said J. D. J.S. J.C. and R. D. their Heirs and Assigns for ever all that Field or parcel of Land lying and being in R. in the County of E. commonly called or known by the name of Hilly Field And all that little Marsh or parcel of Marsh-ground lying and being at or near the end of the said Field or parcel of Land And also all that great Marsh or parcel of Marsh-ground and the little Marsh or parcel of Marsh-ground adjoyning to the same great Marsh in R. aforesaid All which premisses do contain together by estimation 35 Acres be they more or less and are set lying and being in R. aforesaid and now or late in the tenure and occupation of T. L. of H. in the said County of E. Esq and the above-named I. D. or one of them or of the Assignee or Assignees of them or one of them and all buildings woods and under-woods standing and growing upon the premisses and all wayes easements profits commodities and appurtenances whatsoever thereunto belonging and all the reversion and reversions remainder and remainders estate and interest of him the said J.B. of and in all and singular the premisses with all and every their incidents and all evidences writings or minuments of or concerning the said Lands and premisses To have and to hold the said Field Marshes Marsh-grounds and premisses before mentioned with all and every the appurtenances unto the said J.D. J.S. J.C. and R.D. their heirs and assigns to the only use and behoof of them the said J.D.
569. Case 777. 5. In the Case of Mallory and Jennings Trin. 43 Eliz. C. B. it was held by the whole Court That upon a bargain and fale by Deed indented and inrolled after inrollment if it be within the six moneths the Bargainee shall be said to be in from the date of the deed so that if the Bargainor in the mean time between that and inrollment enter into a Statute this shall not bind the Land a Release to the Bargainee in that time shall be good also a Recovery against the Bargainee within that time shall be good And if the Bargainee after the bargain and sale and before inrollment do bargain and sell the Land by deed indented and inrolled to another and after the first deed is inrolled within the six moneths the bargain and sale by the bargainee is good So agreed also in Trin. 3 Jac. C.B. between Lellingham and Alsop Presidents of Bargain and Sale THis Indenture made c. between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That the said A.B. in consideration of 1000 l. of lawful money of England to him in hand paid by the said C. D. hath bargained sold given and granted and by these presents doth bargain sell give and grant unto the said C.D. all that c. Here recite the particular of all the Houses Lands and other things To have and to hold the same c. and premisses unto the said C. D. his Heirs and assigns to the onely use and behoof of the said C.D. his heirs and assigns for ever The usual Covenants for Warranty That the Bargainor hath a good Estate c. as also for quiet enjoying freedom from incumbrances and the making of further assurance are to be added Or it may be by way of Covenant thus This Indenture made c. witnesseth That the said A.B. doth for him and his heirs covenant grant and agree to and with the said C. D. and his heirs That he the said A.B. and his heirs in consideration of 1000 l. of lawful money of England to him in hand paid by the said C.D. shall and will from henceforth stand and be seised of and in all that c. here recite the Lands c. to the only use and behoof of the said C.D. his heirs and assigns for ever Or else to this purpose The said A. B. doth for him and his Heirs covenant with C. D. and his heirs in consideration of 1000 l. of lawful money of England to him the said A.B. in hand paid That the said C.D. shall have to him and his heirs and to his and their own use all the Lands Tenements and Hereditaments of him the said A. B. lying and being in D. in the County of L. and as they are particularly mentioned and expressed in the Schedule hereunto annexed And these if they are to pass any Freehold are to be inrolled as is before set forth Sometimes they are with a Defeasance after this manner This Indenture made c. Between c. Witnesseth That whereas the said A.B. hath by his Deed Indented bearing date c. for the summe of c. bargained and sold to the said C.D. all that c. Here recite the particulars To have and to hold to the said C.D. his heirs and assigns for ever as by the same relation being thereunto had may and will appear Nevertheless it is now fully concluded and agreed between the said parties and the said C.D. doth for him and his heirs hereby covenant and agree to and with the said A.B. and his heirs That if the said A.B. or his heirs shall well and truly pay or cause to be paid to the said C. D. his Executors c. the said summe of c. at or before the Feast of c. now next coming after the date hereof That then it shall and may be lawful to and for the said A. B. and his heirs into the said c. to re-enter and the said C.D. from thence to expel and put out and the same to have as in his or their former estate And that from the time of the repayment of the said money and from thenceforth the said C. D. and his heirs shall stand and be seised of and in the said c. to the use of the said A. B. and his heirs for ever And also that all Conveyances and Assurances thereof then had and made to the said C.D. and his heirs or to any other person or persons shall after the repayment of the said summe of c. be to the use of the said A.B. and his heirs for ever any thing in the said Indenture or in this present Indenture to the contrary in any wise notwithstanding Or thus Provided That if the said C. D. or his heirs shall not pay or cause to be paid to the said A. B. his Executors c. at or in c. the summe of c. at c. that then and so often as default of payment of any of the said summes or of any part thereof shall be made contrary to the true meaning hereof it shall and may be lawfull to and for the said A. B. his heirs c. into the said bargained premisses with the appurtenances to re-enter and the same to have again hold and retain without any wast doing and the profits thereof coming to his or their own use to receive untill the said summe or summes of money whereof such default shall be made contrary to the true meaning hereof shall be paid to the said A. B. his c. And that so oft as such default shall be made as aforesaid the said C. D. and his Heirs shall stand and be seised of all and singular the premisses with the appurtenances to the use of the said A.B. his Executors Administrators or Assigns for the several times aforesaid And after any sum of twenty pounds whereof default of payment shall be made to the said A. B. his Executors c. respectively shall be paid that then and so oft the said A. B. and his heirs shall stand and be seised of the premisses with the appurtenances to the use of him and his heirs under the condition aforesaid until the said summe of c. be paid according to the true meaning hereof And that then and from thenceforth the said C.D. and his heirs shall stand and be seised of all the said premisses with the appurtenances to the only use of the said C. D. his heirs and assigns for ever absolutely and without any manner of condition or other limitation of use or uses whatsoever In witness c. Of a Judgment and the Execution thereof A Judgment is the end of a Suit or rather the Sentence or Decree that a Judge doth make at the end of a Suit which is no more but the pronouncing of what the Law doth set down and determine in that case Secundum allegata probata and this so long as
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