Administrators or Assigns for the repairing and amending thereof And further that the said N. D. his Executors Administrators or Assigns or some of them shall and will within one moneth next ensuing every such admonition or warning left or given as aforesaid well and sufficiently repair and amend the same and shall also discharge and pay all Church-duties Scavengers-wages Watchings Wardings and all other Taxes Impositions Duties and Charges which shall or may at any time or times hereafter during the said term be charged or imposed upon him the said N. D. his Executors Administrators or Assigns for or by reason of the premises hereby demised or any part thereof And lastly the said R. R. for himself his Executors c. that he the said N. D. his Executors Administrators and Assigns and every of them for by and under the payment of the yearly Rent aforesaid above in and by these presents reserved and under the Covenants Grants Articles and Agreements in these presents contained shall and may for and during all the said term of c. by these presents granted lawfully peaceably and quietly have hold use occupy possess and enjoy the said Messuage or Tenement and all and singular other the premises with the appurtenances by these presents demised or mentioned to be demised and every part and parcel thereof without any manner of lawful let suit trouble disturbance or eviction of the said R. R. his Heirs or Assigns or of any other person or persons whatsoever by or through his means assent consent right title or procurement In witness whereof c. A Defeizance upon a Bond sued to a Judgment THis Indenture made the c. between W. R. of c. on the one part and J. P. and G. A. of c. on the other part Witnesseth That whereas the said J. and G. together with one E. A. of c. by one Obligation bearing date c. became joyntly and severally bounden unto the said W. R. in the sum of c. with condition thereupon made for the payment of c. as by the same Obligation and Condition thereof at large appeareth which said sum of c. or any part thereof or any thing in lieu of the same was not paid unto the said W. R. in the said Obligation named nor at any time before or sithence By means whereof the said Obligation became forfeited and whereas the said W. R. hath brought several Actions of Debt in the Kings Majesties Court of Common-Pleas at Westminster upon the said Obligation against the said J. P. and G. A. upon which said Actions several Judgments are had and obtained in the said Court yet nevertheless the said W. R. is contented and pleased and doth covenant that neither he the said W. R. his Executors Administrators or Assigns or any of them shall at any time before Not to take out execution until c. c. take out any Execution or Executions upon the said Judgments or either of them And further the said W. R. doth c. that if the said J. P. and A. G. or either of them c. do pay c. That then he the said W. R. his Executors or Administrators shall upon request made To acknowledge satisfaction on paâ—ment of the c. and at the Charges of the said J. P. and G. A. c. acknowledge satisfaction upon Record of and for the said several Judgments And shall also deliver unto them the said c. the said Obligation to be cancelled And the said J. P. and G. A. to be thereof and of the said several Judgments discharged In witness c. An Indenture of Partition where one had a greater share than the other for which a sum was paid c. THis Indenture made c. between J. H. c. on the one part and J. M. c. on the other part Witnesseth That the said J. H. and J. M. are and do now stand seized in their Demeasn as of Fee in Common and undivided of and in one Messuage or Tenement and one Yard-land thereunto belonging now or late in the Tenure of c. scituate c. It is now to the end a perpetual portion and division shall be had and made between the said Parties of and in the said c. and other the premises aforesaid covenanted concluded and agreed by and between the said Parties to these presents in manner and form following And first the said J. H. for himself c. that he the said J. M. his Heirs and Assigns shall from henceforth have hold and peaceably enjoy in severalty to him and to his Heirs for ever to his and their own proper use and behoof the one moyety or half-part of the said Messuage or Tenement and one Yard-land with the appurtenances that is to say c. And that he the said J. H. nor his Heirs shall from henceforth claim or demand any Right Title Use or Possession in or to the same or any part thereof but that the said J. H. and his Heirs and Assigns shall at all time and times hereafter from all Actions Rights Title and Demand thereof or thereunto be utterly excluded and for ever debarred by these presents And the said J. M. for himself c. that he the said J. H. his Heirs and Assigns shall from thenceforth have hold and peaceably enjoy in severalty to him the said J. H. his Heirs and Assigns for ever to his and their own proper use and behoof the other moyety or half-part of the said Messuage c. and that he the said J. M. nor his Heirs shall not from henceforth claim c. ut supra and in consideration of the said portions and forasmuch as the part and portion by these presents allotted and assigned to the said J. H. and his Heirs were at the ensealing hereof of more and greater value than the said part or portion before allotted and assigned to the said J. M. and his Heirs he the said J. H. hath at the ensealing and delivery of these presents well and truly paid to the said J. M. the sum of c. the receipt whereof the said J M. doth hereby acknowledge and thereof and of every part thereof doth acquit exonerate and for ever discharge the said J. H. c. by these presents In witness whereof c. A Grant of Rent reserved by Lease THis Indenture made the c. between W. B. of c. and A. P. of c. Witnesseth That whereas the said W. B. by his Indenture of Lease bearing date the c. reciting the Lease as in and by the same recited Indenture of Lease c. Now this Inderture further witnesseth That the said W. B. for and in consideration of a certain competent sum of c. Hath demised granted bargained and to farm-letten and by these presents doth demise grant and to farm-let unto the said A. B. the reversion and râ—mainder of the said Shop Ware-house Chambers and other the premises by
to deliver and Pleas and Prosecutions against them and every of them to sustain and maintain according to the course of the Law and upon the receipt of the said sum of c. or any part thereof acquittance or other Discharges for him and in his name to make seal and deliver and one Attorney or more under him to substitute and at his pleasure to revoke and all and every other act and acts thing and things device and devices in the Law whatsoever needful or requisite to be done in or about these premises for him and in his name to do execute and perform as fully largely and amply in every respect as he himself might or could do if he were personally present ratifying allowing and holding firm and stable all or whatsoever his said Attorney or his Substitute lawfully authorized shall lawfully do or cause to be done in or about the execution of the premises by these presents And the said T. R. for himself c. that he the said T. R. his Heirs Executors and Administrators and every of them at all time and times hereafter upon the reasonable request or notice to him given and at the Costs and Charges in the Law of the said R. D. his Executors Administrators or Assigns or some of them shall and will maintain justifie and avow with effect all and every such Action or Actions Writ or Writs Pleas Process Judgments and Executions whatsoever which by the said R. D. his Executors Administrators or Assigns shall at any time hereafter be lawfully sued commenced had or brought in his name against the said H. E. his Heirs Executors Administrators or any of them upon or by reason of the Obligation above mentioned or of any sum or sums of money therein mentioned or contained And also that he the said T. R. hath not at any time heretofore neither he his Executors or Administrators or Assigns or any of them at any time hereafter shall or will remise release or otherwise discharge the said H. F. his Heirs Executors or Administrators or any of them of the said Obligation above-recited nor yet of any sum or sums of money therein contained without the special licence consent or agreement of the said R. D. his Executors Administrators or Assigns or some of them thereunto first had and obtained in writing under his or their Hands and Seals and that all the benefit and commodity that shall be recovered obtained or gotten by means of any such Action Suit Plaint Judgment or Execution shall redound come and be to the onely use and behoof of the said R. D. his c. without any account or other thing therefore to be yielded or done to the said Sir T. R. his c. or any of them In witness c. A Letter of Attorney-General to receive Debts and Rent KNow all men by these presents That I A. W. of c. have assigned ordained and made and in my stead place by these presents put and constitute my truly and well-beloved servant H. H. of c. to be my true and lawful Attorney for me and in my name and to my use to ask sue for levy require recover and receive all and every such Debts Rents and sums of Money as now are due unto me or which at any day or dayes time or times hereafter shall be due owing belonging or appertaining unto me by any manner of wayes or means whatsoever from any person or persons whatsoever giving and granting unto my said Attorney by these presents my full and whole power strength and authority in and about the premises and upon the receipt of any such Debts Rents and sums of Money aforesaid Acquittances or other Discharges for me and in my name to make seal and deliver and all and every other act and acts thing and things device and devices in the Law whatsoever needful and necessary to be done in or about the premises for the recovery of all or any such Debt Rents or sums of Money as aforesaid for me and in my name to do execute and perform as fully largely and amply to every respect to all intents constructions and purposes as I my self might or could do if I were personally present ratifying allowing and holding firm and stable all and every such act and acts In witness c. A Short Letter of Attorney for the setting over of a Bond forfeited KNow all men c. That I H. H. of c. have made ordained constituted and appointed and by these presents do make ordain constitute and appoint my trusty and well-beloved Friend W. M. of c. to be my true and lawful Attorney for me and in my stead and name and to his own use to ask levy recover demand and receive of T. M. and N. L. of c. Gentlemen and either of them their and either of their Executors and Administrators the sum of c. which they have forfeited and from me unjustly do detain and keep for non-payment of the sum of c. at a certain day past as by one Obligation with Condition thereupon endorsed bearing date c. more at large it doth and may appear Giving and by these presents granting unto my said Attorney my fall power and authority in all things touching this my present business and in my name to commence and prosecute any Action or Actions Suit or Suits for the recovering and getting of the said sum of c. and every or any part or parcel thereof and Attorney or Attorneys in that behalf to constitute and make and upon receipt thereof or of any part thereof acquittances or other lawful discharges in my stead and name to make seal and deliver ratifying and allowing by these presents all and whatsoever my said Attorney or his Assigns shall for obtaining and recovery of the said sum of c. or any part thereof do or cause to be done in my stead and name And also I the said H. H. do covenant and promise by these presents That I the said H. H. have not released nor will release the said T. M. and N. c. of the said Bond nor of the penalty therein contained nor countermand this present Letter of Attorney nor the authority thereby granted nor any suit act or proceeding at any time hereafter by vertue of these presents to be brought or done In witness c. A Letter of Attorney to take possession of Lands delivered by a Sheriff upon an Extent KNow all men by these presents That I A. B. c. Esq have made ordained constituted and by these presents put and appointed my well-beloved Friend C. D. to be my true and lawful Attorney for me and in my stead and name to enter into the Mannor of H. with the appurtenances in the County of L. and now in the Tenure or Occupation of c. of the yearly value of c. and full and peaceable possession and seizin thereof for me and in my stead and name and to my use
F. my c do not well and truly satisfie and pay or cause to be paid unto the said G B. his c. all such Sum or Sums of Money as shall be due to him upon the said last recited Obligation on or before the c. next ensuing the date hereof then the said E. F. do hereby give Warrant and authority unto you the said R. B. or any other of the Atturneys of the Court of the Kings Bench at Westminster to appear for me in the said Court of the Kings Bench at Westminster unto an Action or Sute there to be brought or commenced against me the said E. F. by the said G. B. his c. upon the said Obligation and to acknowledge and confess a Judgement upon the same Obligation in Michaelmass Term next ensuing the date hereof and this shall be your sufficient Warrant for the same In witnesse c. To T.S. and R.B. Attorneys in the Court of the Kings Bench at Westminster joyntly and severally and to any other Attorney of the said Court WHereas I A. B. of c. do stand bounden by Obligation bearing date the day of the date hereof unto C. D. c. in the Sum of c. conditioned for the payment of c. on the c. next ensuing c. as by the same c. Now I do hereby authorize the said Atturneys or either of them to appear for me and to receive a Declaration on the said Obligation and to plead Non siâ—m informatus to the same And I do agree That if the said c. be not paid according to the tenor of the Condition of the said c. then Judgment is to be entred then as now for the said c. And I do also hereby release unto the said C.D. all error and errors touching the said Judgment and proceeding thereupon to be had And I will not release or revoke the authority and power hereby given to my said Atturney In witnesse c. A Release of an Extent by an Administratrix REceived by me Grace H. Widow administratrix as well of the goods and chattels of William Blithe Gent. as of E. T. Spinster deceased the sum of c. of c. being the consideration-money which the said H.H. payeth to me for the vacuating and discharging of an Extent upon a Statute of c. heretofore acknowledged and entred into by J.D. Gent unto the said W.S. and also for the buying in and compounding of the said Extent by vertue or colour of the said Statute and also for all my interest and demand in the same Statute and Extent of which said sum of c. I do hereby acknowledge the receipt and by these presents do for me my Executors and Administrators remise release and for ever quit-claim unto the said J. D. the said Statute and Extent or all manner of processe or proceeding whatsoever occasioned by reason of the said Extent In witnesse c. A Release of a Bond it being lost TO all Christian People c. I M. Longton of c. send greeting c. Whereas R.L. S.L. and T.W. by their Obligation bearing date recite the Bond as by the same Obligation appeareth and forasmuch as the said sum of c. together with all such sum and sums of money as are due for the interest and forbearance are and is well and truly satisfied and paid unto me the said M. L. in full discharge of the said recited Obligation which said Obligation is lost and cannot be found Now know all men by these presents That I the said M.L. have remised released and quit-claimed and do hereby for me my Executors and Administrators remise release and for ever quit-claim unto the said R.L. S L. and T.W. and every of them their and every of their Executors Administrators and Assigns and every of them as well the recited Obligation and all such Sums of money as are therein mentioned to be due and payable unto me the said M. L. my Executors Administrators or Assigns as also all and all manner of actions and sutes cause and causes of actions and suits accompts debts reckonings sum and sums of money judgements executions and demands whatsoever which I the said M.L. ever had now have or that I my Executors Administrators or Assigns or any of us in time to come can or may have to for or against the said R L. S. L. and T.W. or any of them their or any of their Executors Administrators or Assigns for or by reason of the said recited Obligation or any other matter cause or thing whatsoever concerning the premisses from the beginning of the world untill the day of the date hereof And I the said M.L. do for me my Executors Administrators or Assigns covenant promise and agree to and with the said R.L. S. L. and T.W. and every of them severally their and every of their several c. and to and with every of them by these presents That if I the said M.L. my Executors or Assigns or any of us at any time or times hereafter do find or can have or obtain the said recited Obligation being lost as aforesaid then I the said M. L. my Executors Administrators or Assigns or some of us shall and will within two moneths next after the said Obligation shall be found as aforesaid deliver and restore or cause to be delivered and restored the said Obligation unto the hands of them the said R.L. S.L. and T.W. or some or one of them their c. or some of them In witnesse c. A Release of all Legacies and demands given and bequeathed by ones last Will and Testament KNow all men by these presents That I E.T. of c. Widow have remised released and quit-claimed and by these presents do for me my Executors and Administrators remise release and for ever quit-claim unto I. B. Gent. and H. H. Citizen c. Executors c. and either of them their Executors Administrators and Assigns of and from all Legacies Gifts Bequests sum and sums of money and demands whatsoever beâ—ueathed and given unto me the said E. T. in and by the last Will and Testament of R. T. c. deceased and of and from all manner of actions and sutes cause or causes or actions and sutes sum and summes of money debts duties reckonings accompts and demands whatsoever which I the said I. T ever had now have or that I my executors or administrators can or may at any times hereafter have challenge or demand against the said I. B. and H. H. or either of them their and either of their executors administrators for or by reason of any matter cause or thing whatsoever from the beginning of the World untill the day of the date hereof In witness c. To I. K. of c. one of the Attorneys c. I A. B. do hereby desire you and do give you full power license and authority to appear for me and for c. in the said Court
which shall be thereupon sued or executed at any time hereafter by the said A. H. or his Assigns shall be in any manner of wise hurt hindred disabled debarred or extinguished without the consent of the said A. H. his Executors or Assigns thereunto first had and obtained in writing under his or their Hands and Seals And further that we said I. H. and O. B. our Executors Administrators and Assigns and every of us shall and will at all times hereafter and from time to time upon request made and at the cost and charges of the said A. H. and his Assigns maintain justifie allow and confirm all such lawful Actions Suits Process Extents Executions and Proceedings whatsoever as have been or hereafter shall be brought sued forth or prosecuted against the said E. S. and R. S. or either of them their Executors or Administrators or their or any of their Lands Tenements or Goods upon or by reason of the said Judgment of Four hundred pounds above mentioned And that the said A. H. his Executors and Administrators shall and may peaceably and quietly have and hold receive and enjoy to his and their own proper uses and behoofs all such benefit sum and sums of money Lands Tenements and other things as by vertue of the said Judgment or any Extents Execution Process or Proceedings thereupon brought or to be brought sued or prosecuted shall be recovered obtained or gotten without the let sute trouble eviction or disturbance of us the said I. H. and O. B. or either of us our executors oâ— administrators and without any account or other thing to us or any of us to be therefore made or given In witness c. An Assignment of a House and Lands from one who had the same in Mortgage and was forfeited to him THis Indenture made c. between W. B. of c. on the one part and G. H. of c. on the other part witnesseth That whereas B. C. of c. by his Indenture bearing date c. and so go forward with the recitals And whereas in the said recited Indenture of Assignment there is a proviso or condition contained for redemption of the premises upon payment of one hundred pounds of c. on the sixth day of c. which then should be and since hath been in the year of our Lord God c. at or in the c. as in and by the said Proviso or Condition whereunto relation being had more fully and at large it doth and may appear which said sum of 100 l. c. or any part thereof was not paid or tendred to be paid to or for the said W. B. at the day or place in the Proviso of Redemption limited for the payment thereof and yet remaineth unpaid by reason and means whereof the said Messuage and other the premises and the whole estate lease right title and interest of the said B. C. in and to the same became forfeited unto the said W. B. and he thereby was and now is and shall be lawfully interessed and possessed in the same premises and every part thereof during all the residue and term of years which then were and yet are to come and unexpired of the term granted to the said B. C. in and by the said Indenture of Demise above-mentioned Now this Indenture further witnesseth That the said W. B. for and in consideration of the sum of c. to him in hand paid by the said G. H. at and before the ensealing and delivery of these presents whereof and wherewith c. Hath given granted bargained sold and assigned over and by these presents doth fully clearly and absolutely give grant c. unto the said G. H. his executors administrators and assigns as well the said Messuage Tenement Yards Gardens Orchards and Closes to the same adjoyning and belonging Together also with all and every the arable Lands Meadows Pastures Feedings Profits Commodities and Hereditaments whatsoever to the said Messuage belonging or in any wise appertaining And all other the premises with appurtenances whatsoever in and by the said Indenture of Demise granted to the said W. B. as aforesaid As also all the Estate Right Title Interest Property Possession term of years claim and demand whatsoever which he the said W. B. his executors administrators or assigns now have hath may might should or in any wise ought to have or claim of in or to the said Messuage and other the premises with the appurtenances and every or any of them or any part or parcel thereof by force and vertue of the said Indenture of Mortgage or Assignment above recited or either of them or any thing in them or any of them mentioned oâ— contained or by any other wayes or means whatsoever together with the same Indenture of Demise and Mortgage aforesaid and all and every other Writings and Minuments concerning the same To have and to hold the said Messuage Yards Gardens Orchards Lands Meadows Pastures Feedings Indenture of Demise and Mortgage Writings and Minuments Estate Right Title Interest and term of Years and all and singular other the premises with the appurtenances before by these presents bargain'd sold assign'd and set over and every part and parcel thereof unto the said G. H. his executors administrators and assigns to his and their own proper uses and behoofs in as large ample and beneficial manner and form to all intents constructions and purposes as he the said W. B. now hath may might should or in any wise ought to have and enjoy the same by force and vertue of the said Indenture of Lease or Demise or the said Indenture of Mortgage aforesaid or either of them or any thing in them or any of them mentioned or expressed or otherwise howsoever a Covenant for discharge of Incumbrances in witness whereof c. A Mortgage of a Lease for indempnity of certain Sureties bound in aâ— Obligation made to another in trust for their use THis Indenture made the c. Between H. H. of c. Gentleman on the one part and R. N. of c. I. N. and R. D. of c. Gentleman on the other part witnesseth That whereas c. as in and by the said Indenture of Lease amongst other things more fully and at large appeareth And whereas the said I.N. and R. D. at the request and for the debt of the said H. H. together with him in and by one Obligation with Condition endorsed bearing Date with these presents are and stand joyntly and severally bounden unto R. S. of c. in the sum of c. for the true payment of c. on the c. at or in the c. as in and by the said recited Obligation and Condition thereof more at large it doth and may appear Now this Indenture further witnesseth That the said H. H. for the Indempnity and Discharge of R. and D. their Heirs Executors and Administrators and every of them of and from the said recited Obligation and all sum and
Judge of and concerning all and all manner of Actions Suits Judgments Executions Accounts Reckonings Trespasses Strifes Variance Quarels Controversies and Demands whatsoever had made moved stirred or depending between the said H. D. of the one part and the said O. L. on the other part from the beginning of the world until the day of the date of these presents So alwayes as the said Award c. of me the said Umpire for and concerning the premises be made and put into writing indented under my Hand and Seal on or before the c. as by the said several Obligations and their several Conditions more plainly appeareth Now know ye That I the said T. M. Umpire as aforesaid taking upon me the charge of the said Award and Arbitrement and having heard and viewed the sayings and allegations of either of the said Parties concerning the premises and minding to set an unity and friendship concerning the same do thereupon make and put in writing this award arbitrement determination and judgment between the said Parties for and concerning the premises in manner and form following that is to say First I do award arbitrate determine and judge by these presents That the said H. D. his Executors Administrators and Assigns shall well and truly pay c. That he the said H. D. shall on the c. at the Shop of c. Seal and as his absolute Deed deliver to the said O. L. or to his use a Release Acquittance and Discharge of and for all and all manner of actions suits judgments c. from the beginning of the world c. In witness c. A Lease made in consideration of the Surrender of a former Lease for a longer time with good Covenants THis Indeture made the c. Between I.B. of c. C. D. of c. and J. D. of c. on the one part and T. W. of c. on the other part witnesseth That the said J. B. C. D. and J. D. as well for and in consideration of the Surrender of one former Lease dated the c. made from the said J. B. C. D. and J. D. to H. W. Brother to the said T. W. as also in consideration of the sum of c. to the said J. B. in hand paid before the ensealing and delivery of these presents by the said T. W. the receipt whereof the said J. B. doth hereby acknowledge and thereof and of every part thereof doth acquit and discharge the said T. W. his Executors Administrators and Assigns by these presents have demised granted and to Farm-letten and by these presents do demise grant and to farm-let unto the said T. W. all those two Messuages or Tenements with the appurtenances and three-yard Land to the same belonging scituate lying and being in the Parish of c. late in the several tenures of the said H. W. deceased and of A. P. Widow and now in the Occupation of the said T. W. and the aforesaid A. P. together with the lops tops and shreds of all the hedg-rows and hedges growing in and upon eleven Roods of Land in a Field called Arzons Field and a furlong called B. furlong and also the lop and top of one hedge growing in and upon a Close called K. Close from the Gate by the Lane side and together likewise with Common of Pasture for twelve Kine and one hundred and twenty Sheep in the Commons and Fields of D. aforesaid and all other Fields Pastures Lands Meadows Feedings and Grounds whatsoever with the appurtenances of them the said I. B. C. D. and I. D. which late were in the Occupation of them the said H. W. and A. P. or either of them in D. aforesaid and together also with all Houses Edifices Buildings Barns Stables Orchards Gardens Back-sides Courts Wayes Easements Profits Commodities and Advantages whatsoever to the said two Messuages and other the premises belonging or appertaining except and alwayes reserved out of this Demise and Grant the bodies of all Trees of Oak Ash and Elm now growing or being or which hereafter shall grow and be in and upon the premises or in and upon any part or parcel thereof and also except one Barn called the great Barn and the Yard wherein the same standeth which late were in the the Possession or Occupation of G. B. Habend To have and to hold the said two Messuages Tenements Three-yard Land Houses Buildings Barns Stables Orchards Gardens and all other the premises with their appurtenances before by these presents demised and every part and parcel thereof except before excepted unto the said T. W. his Executors Administrators and Assigns from the Feast day of c. before the date of c. unto the full end and term of c. from thence next ensuing and fully to be compleat and ended if T. W. A. W. party to these presents Reddend G. W. Son of T. W. or any of them shall so long live yielding paying therefore yearly during the said term unto the said I.B. his Heirs and Assigns the sum of c. at two usual Feasts or Terms in the year That is to say at the Feast of To re-enter for non-payment of the Rent c. and at the Feast of c. by even and equal portions and if it shall happen the said yearly Rent of c. to be behind and unpaid in part or in all after either of the said Feasts in any year during the said term in which the same ought to be paid by the space of 28 dayes being lawfully demanded and no sufficient distresse to be had or found in or upon the demised premises That then and at all times afterwards it shall and may be lawful to and for the said I. B. his Heirs and Assigns and every of them into all and singular the said demised premises and every part and parcel thereof wholly to re-enter and the same to have again and enjoy as in his or their former estate and the said T. VV. his Executors and Assigns from thence utterly to expel and put out this Indenture or any thing before specified to the contrary notwithstanding And the said T. VV. party to these presents his Executors Administrators and Assigns shall and will from time to time and at all times hereafter during the continuance of this present Lease at his and their proper Costs and Charges well and sufficiently repair uphold sustain maintain and keep the said Messuages or Tenements and all the demised premises in good and sufficient reparations and the same so being well and sufficiently repaired upholden and kept in the end of the said term or other sooner determination of this Lease shall leave and yield up unto the said I. B. his Heirs or Assigns the said T. VV. from time to time having and taken by the assignment and appointment of the said I. B. his Heirs or Assigns sufficient Timber upon the said demised premises for the reparations of the same if any such Timber be
and the other of Debt upon the demand of c. at the suit of c. as by the Records of the same Court may appear if therefore the said W. W. his c. and every of them do at all times hereafter and from time to time clearly acquit and discharge or otherwise sufficiently save and keep harmless the said J. D. his c. and every of them and all his and their Goods and Chaâ—tels and every part and parcel of them against all persons whatsoever of and for the main-prizing and taking to bail of the said W. W. and of and for the several Actions aforesaid and of and for all Actions Suits Costs Troubles Demands Executions and Damages whatsoever that shall or may arise or grow touching or concerning the premises or any of them in any manner or wise That then this present Obligation to be void c. A Condition for payment of Money if a man be non-suited THe Condition c. That whereas one E. G. is admitted to sue in Forma Pauperis in his Majesties Court of c. against W. W. and A. B. for the recovery of certain Lands and Tenements in the County of K. if the said E. G. shall be Non-suited in the said Action or that the same Action shall pass against him by Verdict or otherwise that if the above-bounden R. R. or E.G. their Executors or Assigns or any of them do or shall truly pay or cause to be paid all and fingular such Costs and Charges and sums of Money as by any the Justices of the said Court shall in that case be thought convenient or awarded without fraud c. That then c. A Condition for performance of Covenants THe Condition c. That if the within-bounden H. W. his c. and every of them do well and truly observe perform fulfill accomplish and keep all and singular the Covenants Grants Articles Clauses Conditions and Agreements whatsoever which on his and their parts and behalfs are or ought to be observed performed fulfilled and kept mentioned and comprised in one pair of Indentures of Lease bearing date within-written made between the within-named E. W. of the one part and H.W. of the other part according to the tenor effect and true meaning of the same Indenture That then c. A Condition for passing of a Fine THe Condition c. That if the within-bounden W. E. and A. his now Wife and the Heirs of the said W. at the Costs and Charges in the Law of the within-named R. M. his c. next ensuing the date c. shall levy one Fine c. in the Court of Common-Pleas at Westminster of one Messuage or Tenement mentioned to be demised to the said R.M. in and by one Indenture of Lease bearing date c. made between the said W. E. on the one part and the said R. M. on the other part according to the due course of Law by such name or names and in such manner and form as by the said R. M. his c. or by his or their Council learned in the Law shall be devised or required as well for the barring of the said A. from the Title of Dower in the premises as for the better assuring and confirming of the premises unto the said R. M. his c. for and during all the said term by the said Indenture of Lease granted under the Rent in and by the said Indenture reserved against the said W. E. his Heirs and Assigns according to the true meaning of the said Indenture That then c. A Condition concerning a Marriage THe Condition c. That whereas there is a Marriage by Gods Grace intended to be shortly had and solemnized between the above-bounden A. B. and E. B. Daughter of F. B. late of G. in the County of C. deceased if after the said Marriage shall be solemnized between the said Parties it shall happen the said A. shall die and her the said E. shall survive then if the said A. B. shall at the time of his death leave unto the said E. the sum of c. or the value of c. for Goods and Chattels to be freely taken had used and disposed of by her the said E. her c. at her and their own wills and pleasures without any Claim Challenge Suit Trouble Disturbance Contradiction or Demand of for in or to the said sum or value of c. or of any part or parcel thereof thereunto to be made by the Executors c. of the said A. B. or by any other person or persons whatsoever That then c. A plain Bill of Debt BE it known unto all men by these presents That I A. B. of c. do owe and am indebted unto C. D. of c. in the sum of c. of lawful Money of England to be paid unto the said C. D. his Executors Administrators or Assigns on the c. next ensuing the date hereof To the which payment well and truly to be made I bind me my Heirs Executors and Administrators firmly by these presents In witness whereof c. I do hereunto set my Hand and Seal this fourth of July Anno Dom. 1648. â— Bill Obligatory BE it known unto all men by these presents That I A. B. of c. do owe and am indebted unto C. D. of c. in the sum of c. of lawful money of England to be paid unto the said B. D. his Executors Administrators or Assigns on the c. next ensuing the date hereof at c. To the which payment well and truly to be made I bind me my Heirs Executors and Administrators in the sum of c. of lawful money of England firmly by these presents In witness c. A General Release KNow all men by these presents That I J. K. of c. have remised released and quit-claimed and by these presents do for me my Executors Administrators and Assigns remise release and for ever quit-claim unto C. D. of c. his Executors Administrators and Assigns all and all manner of Actions and Suits cause and causes of Actions and Suits Bills Bonds Writings and Accompts Debts Duties Reckonings Sum and Sums of Money Controversies Judgments Executions and Demands whatsoever which I the said J. K. ever had or which my Executors Administrators and Assigns or any of us in time to come can or may have to for or against the said C. D his Executors Administrators or Assigns for or by reason of any matter cause or thing whatsoever from the beginning of the World until the day of the date hereof In witness c. A Release upon the Receipt of a Legacy BE it known unto all men by these presents That I T. B. of c. have the day of the date hereof received of J. T. widow Executrix of the last Will and Testament of c. H. T. of c. deceased all that Legacy or sum of c. to me the said T. B. by the
of England on the c. next ensuing the date within-written at or in c. That then this present Surrender to be void and of none effect or else to stand and abide in full force and virtue An Assignment of a Judgment TO all c. A. C. of c. sendeth greeting Whereas T. W. of c. and H. F. of c. by their Obligation bearing date c. in the tenth year of the Reign of our Soveraign Lord CHARLES c. are and stand joyntly and severally bound unto the said A. C. in the sum of c. with condition of payment of c. on the c. then next following at c. as by the same Obligation may appear which sum of c. was not paid at the day and place before expressed for the payment thereof whereby the said Obligation became forfeited sithence which time the said A. C. hath commenced her Action of Debt upon the said recited Obligation in His Majesties Court of Kings Bench at Westminster and hath thereupon recovered and obtained a Judgment of 200 l. and 25 s. costs of Suit against the said T. W. in Hillary Term last past before the date of these presents Now know all men by these presents That she the said A. C. for divers good Causes and Considerations her thereunto moving hath constituted and appointed her well-beloved Friend T. K. of c. her true and lawful Attorney for her and in her Name to demand ask levy recover receive and take of the said T. W. his Heirs Executors Administrators and Assigns the said sum of 200 l. and 25 s. costs of Suits and for default of payment thereof or of any part thereof to sue forth one or more Writ or Writs of Execution or other lawful Process whatsoever and further do and use all other lawful wayes and means for the recovery thereof as by the said Attorney or his Council learned in the Law shall be reasonably devised advised or required and the said sum and sums of Money so to be had and received upon the said Judgment or upon any Execution thereon to be prosecuted and taken out to detain and keep to the onely use and behoof the said T. K. his Executors Administrators and Assigns without any accompt thereof or therefore to be rendred to her the said A. C. and the said A. C. doth hereby covenant promise grant and agree to and with the said T. K. her said Attorney that at the ensealing and delivery of these presents the said Judgment is and remaineth unpaid and unsatisfied and that she the said A. nor her Executors Administrators or Assigns nor any of them shall or will at any time hereafter release discharge or otherwise do or suffer to be done any act or thing whatsoever to discharge or impeach the validity of the said Judgments without the consent and agreement of the said T. K. in writing under his Hand and Seal first had and obtained Nor shall revoke or countermand the authority and power to him by these presents given and granted she the said A. C. hereby ratifying and approving all and every lawful act and acts and other proceedings whatsoever which her said Attorney shall prosecute commence or sue forth for upon or by reason of the said Judgment so alwayes that he the said T. K. do and shall at all times hereafter and from time to time pay and bear all such sum and sums of Money Costs and Charges of Suit as the said A. C. or her Executors Administrators or Assignâ— shall be compelled to disburse for or concerning the premises and do and shall also save defend and keep harmless and indemnified her the said A. C. her Executors and Administrators and her and their Lands Tenements Goods Chattels and Hereditaments whatsoever of and from all and all manner of Costs Charges Suits Troubles and Detriments whatsoever that shall or may happen or come against her the said A. C. her Executors and Administrators for or by reason of the said Judgment or any execution thereof had or taken In witness c. An Assignment of an Annuity TO all Christian people c. T. D. of c. sendeth greeting c. Whereas T. D. of c. late Uncle of the said T. D. party to these presents in and by one Indenture bearing date the c. and in the c. made between the said T. D. Uncle to the c. of the one part and B. E. and G. C. of c. of the other part purporting certain uses as in the same Indenture is limited and expressed Did give and grant unto the said T. D. party to these presents one annuity or yearly payment of 10 l. of c. per annum for and during the natural life of the said T. D. party to these presents to begin to be paid yearly to the said T. D. party to these presents from and after the decease of A. D. late wise of the said T. D. the Uncle as by the said Indenture among divers other things therein contained more at large appears Now know ye That the said T. D. party to these presents for and in consideration of the sum of c. to him in hand at and before the ensealing and delivery of these presents by W. P. of c. well and truly paid whereof and wherewith the said T. D. party to these presents acknowledgeth himself fully satisfied contented and paid by these presents and for divers other c. Hath given granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely give grant bargain sell assign and set over unto the said W. P. his Executors Administrators and Assigns as well the said annuity or yearly payment of c. as also the Estate Right Title Interest Property Claim and Demand which the said T. D. party to these presents hath or may can might should or ought to have of in or to the same by force and vertue of the said Indenture of uses or any thing therein contained or otherwise And the said T. D. party to these presents for him his Executors and Administrators doth covenant promise and grant to and with the said W. P. his Executors Administrators and Assigns by these presents in manner and form following That is to say that he the said T. D. party to these presents now hath lawful authority to give grant bargain and sell the said annuity in manner and form aforesaid And that heretofore neither he nor any other by his appointment or with his consent hath made any former bargain sale gift grant assignment surrender extinguishment charge or incumbrance of the said annuity or yearly payment of c. or of any part thereof Nor that he the said T. D. party to these presents nor any other by or from him or with his consent have or hath done nor hereafter at any time shall do commit or suffer to be done any act deed or thing whatsoever whereby the said W.
Letter of Attorney THe Condition c. That whereas the within-bound J E. by his Deed or Letter of Attorney bearing date c. hath made and constituted the within-named W. D. his true lawful and sufficient Attorney to ask levy recover and receive for him and in his name to the only proper use and behoof of the said W. D. his Executors and Administrators 200 l. of c. wherein R. C. of c. by his Obligation bearing date c. is and standeth bound unto the said J. E. as by the same Letter of Attorney more at large it doth and may appear If therefore the said J. E. his Executors and Administrators and every of them do at all times hereafter and from time to time avow justifie and maintain all and every such lawful action and actions plaints process suits judgments and executions as the said W. D. his Executors Administrators and Assigns or such as the said W. D. his Executors Administrators or Assigns shall thereunto assign name and appoint shall attempt commence and pursue in the name of the said J. E. his Executors or Administrators against the said R. C. his Executors or Administrators or any of them upon or by reason of the said recited Obligation And also that if neither the said J. E. his Executors or Administrators or any of them shall hereafter willingly do or procure to be done any manner of act or acts thing or things whereby the said debt of 200 l. or any part or parcel thereof is or shall be released or in any wise discharged or whereby or by reason whereof any action or actions writ plea process or execution to be had attempted brought or executed for touching or concerning the suing for or recovery of the said sum of 200 l. shall be any way impeached abated with-drawn delayed or hindred except it be by and with the consent of the said W. D. his Executors or Administrators under his or their Hands and Seals first had and obtained in writing That then c. A Condition for payment of Money yearly with a Clause to find new Sureties upon death of any of the former THe Condition c. That if the within-bound R. D. W. D. and R. B. or any of them their or any of their Executors Administrators or Assigns do well and truly pay or cause to be paid unto the within-named J. A. his Executors or Assigns yearly from henceforth for and during the term of twenty one years the yearly sum of c. at or in c. at the four usual Feasts or Terms in the year that is to say at the Feast of c. or within twenty dayes next after every of the said Feasts by even and equal portions to be paid And if it shall happen the said R. D. W. D. or R. B. or either of them to die or depart his or their natural life or lives before the said term of twenty one years shall be fully ended next after the date within-written If then the said R. D. his Executors or Administrators do within three Moneths next after request in that behalf to him or them to be made by the said J. A. his Executors Administrators or Assigns procure and cause such other sufficient and able person or persons to become bound and enter into Bond unto the said J.A. his Executors Administrators or Assigns by Obligation in due form to be made for the same payment of the said yearly sum of c. for and during so many years as shall be then to come and unexpired of the said term of twenty one years and with the like clause for putting in other new Sureties as herein is expressed as shall be of sufficient ability to answer and pay the sum of money wherein he or they shall so stand bound if the same should be forfeited That then c. A Condition to save harmless from Legacies THe Condition c. That if the within bound W. W. his Heirs Executors and Administrators and every of them do and shall from time to time and at all times hereafter clearly acquit exonerate and discharge or otherwise well and sufficiently save and keep harmless the within named B.F. his Heirs Executors and Administrators and every of them and his and their Goods Chattels Lands Tenements Possessions and Hereditaments and every of them as well against the Children of R. E. late of c. deceased their Executors Administrators and Assigns and every of them as also against all and every other person or persons whatsoever of for from and concerning all and all manner of Gifts Legacies Childrens Portions sum and sums of Money and Bequests whatsoever given and bequeathed unto them and every or any of them in and by the last Will and Testament of the said R. E. or otherwise and of and from all Actions Suits Costs Judgments Extents Executions and Demands whatsoever which shall or may at any time hereafter happen to arise come or grow to for of against the said R. F. his Executors Administrators and Assigns or any of them upon or by reason of the same That then c. A Condition not to molest sue or trouble for any matter or cause before past THe Condition c. That if neither the within-bound A. B. his Executors Administrators or Assigns or any other person or persons for him or them or in his or their name or names do not at any time or times hereafter molest sue vex or trouble the within-named C. D. his Executors or Administrators or any of them by any manner of wayes or means whatsoever for upon or by reason of any matter or cause whatsoever had made moving or depending between the said Parties from the beginning of the world until the day of the date within-written That then c. A Condition to seal a Counter-part of an Indenture by a day THe Condition c. That if one A. B. of c. shall on this side and before the first of c. seal and subscribe to the Counter-part of one Deed indented bearing date c. made between the within named W. M. of the one part and the said A.B. of the other part and the same so sealed and subscribed to deliver as his proper act and deed to the onely use and behoof of the said W. M. and also the said Counter-part of the said Deed indented so sealed subscribed and delivered by the said A. B. in manner and form aforesaid do on this side and before the c. then next ensuing deliver or cause to be delivered unto the said W. M. his Heirs or Assigns whole uncancelled and undesaced at or c. That then c. A Condition for acknowledgment of a Fine THe Condition c. that if the above-bounden G. S. and A. his Wife do and shall at and before the c. next ensuing the date within-written at the Costs and Charges in the Law of the within-named R. P. his Heirs or Assigns before the Justices of the
recovery or receiving of all or any the said Debts in the said Schedule mentioned And the said R. E. his c. doth by these presents covenant c. to and with the said R. S. his c. that the said R. E. hath not heretofore released or discharged nor that he his c. shall or will release or discharge all or any the Debts Duties sums of Money or Demands in the Schedule c. without the consent or agreement of the said R. S. his c. first had and obtained in writing under his or their Hand or voluntarily or willingly discontinue disavow or be non-suited in or make any retraxit or otherwise discharge to hinder or delay any such action suit or plaint which the said R. E. his c. shall at any time hereafter commence c. in the name of the said R. S. for recovery or obtaining of all or any the said c. in the said Schedule c. mentioned But that the said R. E. his c. shall and will from time to time and at all times hereafter justifie avow c. all and every such actions suits c. which he the said R. S. his c. shall at any time hereafter commence or prosecute at the costs and charges of the said R. S. his c. against any person or persons for recovery or obtaining of all or any the said Debts c. in the said Schedule annexed to this present Indenture called c. mentioned or expressed Ratifying c. all and every matter and thing whatsoever which the said R. S. his c. or any of them shall commence make do execute or prosecute for the receiving recovering levying c. the said Debts c. or any of them And the said R. S. for him his c. and every of them in consideration of the premises doth by these presents covenant and grant to and with the said R. E. his c. and every of them that he the said R. S. his c. shall and will from time to time and at all times hereafter sufficiently acquit discharge and save harmless the said R. E. his c. and every of them of and from all manner of Damages Troubles Suits Arrests Costs and Charges whatsoever which shall be taxed upon or happen to be had brought recovered or obtained against the said R. E. his c. Goods Chattels or Lands for or by reason of any Action Suit Plaint Process Judgment Arrest or Execution which the said R. S. his c. shall hereafter bring commence pursue or prosecute or cause to be c. against any person or persons in the said Schedule annexed to this present Indenture called the first Schedule named contained or mentioned there c. for the recovering or obtaining of any the said Debts Duties c. in the said Schedule mentioned And the said R. S. for him his c. doth further covenant grant assign set over remise and release unto the said R. E. all and every the Debts Obligations and Bills Obligatory and several sums of Money Duties and Demands in the said Schedule called c. annexed to this present Indenture allotted to the said R. S. contained and expressed and all Bills Bonds Obligatory Writings and Specialties whatsoever touching or concerning the same or any of them and all his part portion interest or demand therein or thereunto or of any part or parcel thereof together with all such benefit and commodity as the said R. S. his c. can or may lawfully have take or receive upon or by reason of any the said Debts Duties or Demands contained or expressed in the said Schedule c. And that all and every the several sums of money in the said Schedule c. annexed to these presents contained and expressed shall be and remain fully and wholly to the said R. S. his c. without let trouble or contradiction or without any accompt or other thing to be therefore rendred or yielded unto the said R S. his c. or any of them And the said R. S. doth by these presents further covenants promise and grant to and with the said R. E. his c. That neither the said W. S. in his life-time nor the said R. S. sithence the time of his decease nor either of them heretofore have not received released or discharged nor that the said R. S. his c. shall or will receive release or discharge all or any the said Debts Duties Summe or Sums of Money or Demands in the said Schedule c. contained and expressed and allotted to the said R. E. for his part of the premises as aforesaid without the consent of the said R. E. his c. therennto first had and obtained in writing under his or their hands Nor otherwise voluntarily or willingly discharge hinder or delay any Action Suit or Plaint whatsoever which the said R. E. his c. shall at any time hereafter commence c. for recovery or obtaining of all or any the said Debts c. in the said Schedule c. mentioned and whereas the Debt-Books and other Books Bills Bonds Obligations and Specialties wherein the Debts Duties and Demands before mentioned and wherein and whereby any Wares or Merchandizes were sold or delivered to the persons in the said Schedule named are contained or expressed are now in the hands and possession of the said R. S. therefore the said R. S. doth covenant for him his c. to deliver the same to the said R. E. his c. upon demand and shall and will likewise upon the like request at the place aforesaid produce and shew forth to the said R. E. the said Book called the Debt-Book and all other Books Scores and Writings which remain in the hands possession or custody of the said R. S. wherein the said Debts Duties or Demands or any of them contained in the said Schedule c. are mentioned or expressed or whereby or wherein any Wares or Merchandizes touching or concerning the same were sold or delivered to any the persons in the said Schedule c. whereby the said R. E. may have and take the view benefit and use thereof to be shewed or produced forth in any Court or Courts of Record or else-where for the declaring proving or recovering of all or any the said Debts in the said Schedule c. or other occasions whatsoever without any let c. In witness c. A Conveyance from J. T. and El. his Wife being Tenant in tayle to R. H. and El. his Wife and the Heirs and Assigns of R. H. for ever THis Indenture c. between J. T. of c. Gent. and Elinor his wife Cousin and next Heir of T. L. late of the City of c. Gent. deceased without Issue of his Body that is to say the only Daughter and Heir of W. L. Gent. elder Brother and Heir of the said T. L. of the one part and R. H. of c. and El. his
hereafter and from time to time clearly acquit exonerate and discharge or otherwise well and sufficiently save and keep harmless and indempnified the above-named I. E. his Heirs Executors and Administrators and his and their goods chattels lands tenements and hereditaments and every of them of and from all debts duties bills bonds specialties and demands whatsoever which at any time and times hereafter shall and may be duly and lawfully demanded or recovered of or from the said I. B. his Heirs Executors and Administrators by any person or persons whatsoever for or by reason of any reckoning duty specialty debt or demand whatsoever due owing or payable by the above-named R. T. deceased to any person or persons whatsoever and also of and from all costs charges sutes arrests judgements executions and demands whatsoever which shall or may happen come grow to be unto or against the said I.B. his Executors Administrators or any of them for upon or by reason thereof and also if A. T. daughter of the said E. T. and such persons as she shall intermarry withall within one month next after she the said A. shall be lawfully married or shall accomplish her full Age of Twenty one years which shall first or next happen do and shall make seal and deliver as his her or their act and deed a good sufficient and lawful acquittance discharge and release under his her or their hands and seals unto the said I. B. his Executors and Administrators of for or concerning all sum and sums of money gifts legacies bequeaths and demands whatsoever given and bequeathed unto the said A. in and by the last Will and Testament of the said R. T the same release to be made in such manner and form as by the said I.B. his Executors or Administrators or his or their Councel shall be reasonably devised or required that then c. A Condition from a Goaler to an under-Sheriff for saving harmless THe Condition That if the above-bounden A. B. Deputy-Goaler to T.T. Servant to c. do from time to time receive and take into his ward and custody within the Goal at the Castle of Lancaster in the County of Lancaster aforesaid all such person and persons prisoner and prisoners which shall fortune to be committed or sent to the said Goal or committed to the ward and custody of the said Goaler by the said Sheriff or his Deputy or by any Justice or Justices of Peace or by any other having lawfull authority to commit persons or prisoners to the said Goal and the same person or prisoners so committed as aforesaid do well and truly duly and sufficiently by his own proper person or by his sufficient Deputy or Deputies so keep that the said Sheriff his Heirs and Executors all the Lands Tenements Goods and Chattels of the said Sheriff be saved harmless from all losses penalties amerciaments and damages whatsoever as well against the Commonwealth of England as also against all other person and persons of for and concerning the custody and keeping of the said Geal and prisoners within the said Castle of Lancaster or elsewhere in the said County of c. and likewise do discharge save and keep harmless the said Sheriff his Heirs and Executors and all those his Lands Tenements Goods and Chattels from time to time and at all times hereafter of and from all and every escape and escapes as well of convict persons Reprieves and Felons and of all other persons now committed for any contempts condemnations trespasses or misdemeanors which may happen or chance hereafter to be committed to the said Goal for any the causes aforesaid during the time the said A.B. shall be Deputy or Goaler to the said T. T. and the said T.T. continue Sheriff And likewise that if the said A.B. or any other by his consent privity or appointment in any wise let to bail or mainprize any prisoner or prisoners to him committed as aforesaid not bailable by the Lawes of the Realm without the special commandment or appointment of the aid Sheriff and if the said A. B. or his sufficient Deputy be ready to give his attendance upon the said Sheriff and his Deputy at all times necessary and convenient and all and every lawful thing and things that he shall be required to do by the said Sheriff or his Deputy touching or concerning the c affairs and businesse wherewith the said Sheriff is or shall be charged or imployed in or about the keeping of the said Goal or Prison that then c A Release of Recognizance assigned to one TO all Christian People c. P. V. of London Merchant stranger sendeth greeting in our Lord God everlasting That whereas the Right Honourable W. Earl of Derby Lord Stanley Lord of Man and the Isles T. Ireland of Grayes-Inn in the County of Middlesex Esq H. C. of Knowsley in the County of Lancaster Gent. and H. Adys of Button in the County of Dorset Gent. by other writing of Recognizance or Statute-Staple bearing date the sixth day of July c. taken and acknowledged before Sir J. P. Knight Lord Chief Justice of England stand bound to Peter H. Citizen and Alderman of London in 3200 l. of c. payable as in and by the same Writing of Recognizance or statute more at large doth appear And whereas the said Peter H. by his sufficient Deed or Assignment in writing bearing date the five and twentieth day of c. in the c. did for divers and certain considerations him thereunto especially moving grant assign and set over unto me the said P. Vanloor as well the said Recognizance or Statute and the said debt of 3200 l. and all his said right title and interest which he the said Peter Houghton then had or ought to have had in and to the same to have and to hold the said Recognizance or Statute and the said debt of 3200 l. aforesaid and all his said right title and interest in and to the same unto the said P. V. my executors and assigns as our own proper goods and chattels for ever as by the said Assignment amongst other Covenants and Clauses therein contained more fully at large it doth and may appear Now know ye That I the said P. V. for divers good Causes and Considerations me hereunto especially moving have remised released and quit-claimed and by these presents for me my executors administrators and assigns and every of us do remise release and for ever quit-claim unto the said Henry Adys his Heirs Executors Administrators and Assigns and every of them the Recognizance or Statute aforesaid and the penalty and forseiture thereof and also all and all manner of Actions Arrests Extents Judgements Executions Condemnations Liberates Seizures Debts and demands whatsoever which I the said P. V. or the said P. H. or either of us now have shall may might or ought to have against the said H. Adys his Heirs Executors Administrators and Assigns or any of them or his their or any
of their Lands Tenements Goods or Chattels for or by reason of the said Recognizance or Statute or of the penalty or forfeiture thereof in any wise so that neither I the said P.V. nor the said P. H. our Executors Administrators or Assigns nor any of us any action arrest extent judgment execution condemnation Liberate seizure debt or demand upon the said Recognizance or Statute shall or may from henceforth commence prosecute or pursue against the said Henry Adys his Heirs Executors Administrators or Assigns or any of their Lands Tenements Goods or Chattels but shall be thereof utterly debarred and excluded for ever by these presents In witnesse c. A Letter of Attorney to take possession and to deliver a Lease upon the ground BE it known unto all men by these presents That I W. D. of c. have made ordained constituted and authorized and in my place and stead by these presents have put my well-beloved Friend I. D. of c. my true sufficient and lawful Attorney for me and in my name and to the use and behoof of me the said W. D. my Heirs and Assigns to enter into all the Mannor of c. with all and singulat the appurtenances scituate and being in K. in the County of S. and now or late in the tenure or occupation of I. A. or of his Assigns and peaceable and quiet possession and seizin thereof for me and in my name to take and as my deed deliver unto one E.B. upon the premisses or some part thereof one Indenture bearing date with these presents made by me the said W. D. to the said E.B. mentioning a demise of the premisses for term of c. from the Feast of c. last past then next ensuing and fully to be compleat and ended under the yearly rent of c. unto which said Indenture I have subscribed my name with my own hand and sealed with my seal and delivered the same as my Escrowe unto the said I. D. to be delivered as my Deed upon the premisses or some part thereof after an entry made by him the aid I. D. into the premisses or some part thereof in the name of the whole and all and every other thing requisite and necessary to be done in or concerning the premisses for me and in my name to do as fully and effectually and in as large and ample manner and form to all intents and purposes as I my self might or ought to do if I were then and there personally present And I shall and will ratifie allow and confirm all and whatsoever my said Attorney shall do or cause to be done in or about the premisses by these presents In witness c. A Letter of Attorney to take possession of the Lands and the same Lands to demise survey or sell and to receive c. TO all c. R.E. of c. G.M. of c. and H. L. of c. send greeting Know ye That we the said R.E. G.M. and H.L. for divers good causes and considerations in that behalf moving have made ordained constituted and in our stead and places by these presents have put and authorized our servants R. N. and H. B. Gent. and either of them our true sufficient and lawful Attornies for us and in our names and to the use and behoof of us the said R. E. c. to enter into all those the Mannors of c with their rights members and appurtenances in the County of c. and into the advowsons of or belonging to the same or any of them and into every part and parcel thereof and the said Mannors and every or any of them for us and in our names to survey and we do by these presents give full power authority to the said R.N. H.B. and either of them to be our steward or stewards of the said Mannors and every of them and to keep such Court and Courts of Survey and other Court-Leets and Law-dayes of and upon the same Mannors or any of them as to our said Attorney or either of them or such other as they or either of them shall appoint shal be thought fitting and the same Mannors and every or any of them for us and in our names to bargain sell lease or grant to such person persons and for such estate for life inheritance or otherwise and for such sum and sums of money as our said Attorneys and either of them shall be thought fit requisite to the uttermoit and best commodity and profit of us the said R. E. G. M. and H. L. and the Deed and Deeds of the same grants and estates so to be made for us and in our names to feal and as our Deeds to deliver unto the parties to whom the same shall be so made or to any other to their use or uses and the Counterparts of the same for us and in our name to accept and receive and also all such fines and other sum and sums of money as shall grow due to the same for us and in our names and to the use of the said R. E. G. M. and H. L. to accept receive and take and upon the receipt thereof any acquittances or discharges for us and in our names to make seal and deliver and also for us and in our names and to the use of the said R. E. G. M. and H.L. to collect gather receive and take all such rents duties heriots arrearages of rents and profits of Courts as are already or shall be due or payable for out of or concerning the premisses or any of them giving and granting unto our said Attornies and to either of them our full power or lawful authority in touching and concerning the premisses to do execute proceed and finish in all things in as large and ample manner and form as we the said R. E. W.M. and H.L. or any of us might or ought to do if we or any of us were then present and ratifying and allowing whatsoever our said Attorneys or either of them shall do in the premisses or any of them according to the intents of these presents In witness c. A Letter of Attorney of a Bond for performance of Covenants of an Indenture of Lease TO all c. I J. K. of c. send greeting Whereas I. B. of c. M. A. of c. by their Obligation bearing date the c. are and stand bound unto me the said J. K. in the sumof c. with condition thereupon endorsed for the true performance of the Covenants Rents and payments mentioned and contained in and by one pair of Indentures of Lease bearing date the day of the date of the said Obligation made between the said I.K. of the one part and the said L. B. of the other part as by the same Obligation and Condition may appear Now know ye That I the said J.K. for divers good causes and considerations me hereunto especially moving have given granted assigned and set over and
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
their Heirs and Assigns for ever and to no other use or uses intents or purposes whatsoever In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written Note that this Conveyance of Lease and Release is much in use and works without the formal act of livery and seisin Note also that if you leave out the Recital in the Release and put in the word Enfeoffe in the Grant then the Release works alone without the Lease with livery A Release from an Executor to two Creditors of the Testator of all Debts BE it known unto all men by these presents That I C. E. Citizen and Mercer of c. Executor of the last Will and Testament of E.G. late Citizen and Haberdasher of c. deceased have remised and released and by these presents for me my Heirs Executors and Administrators do remise release and for ever quit-claim unto C.R. of c. in the Province of c. in the parts beyond the Seas Haberdasher and C.I. of c. Gent and unto either of them all and all manner of actions suits debts debates accompts reckonings bills bonds writings obligatory covenants judgements extents Executions claimes duties and all other demands whatsoever which of or against the said C.R. and C.I. or either of them their or either of their Heirs Executors or Administrators or any of them ever I have had now have or hereafter shall or may have by force and vertue of the execution of the last Will and Testament aforesaid or by reason force colour or means of any other act matter cause deed or thing whatsoever it be from the beginning of the world until the day of the date of these presents In witness whereof I have hereunto set my hand and seal the c. day of c. A Release with an exception of some Bonds c. KNow all men by these presents That I W.H. Citizen and Merchant-taylor of c. have remised released and discharged and by these presents do for me my Executors and Administrators remife release and discharge unto R C. of c. Barber-chyrurgion all and all manner of debts sums of money and demands bills and bonds whatsoever between me the said W. H. and the said R.C. for any matter or thing whatsoever before the day of the date hereof excepting two bills bearing date the c. day of c. the one for payment of five pounds one the c. day of c. next coming and the other for payments of five pounds on the c. day of c. now next coming In witness whereof I have hereunto set my hand and seal the c. day of c. A Release from two Partners to two Debtors KNow all men by these presents That we P. E. and L. T. Citizens and Merchant-taylors of c. have remised released and quit-claimed and by these presents for us our heirs executors and administrators joyntly and severally do remise release and quit-claim unto C.R. of c. in the Province of c. in the parts beyond the Seas Haberdasher and unto C.H. brother of the said R. and to either of them all and all manner of actions suits debts bills bonds reckonings accounts and all other matters causes things and demands whatsoever between us the said P.E. and L.T. or either of us and the said C.R. and C.H. or either of them for any matter or thing whatsoever at any time or times before the day of the date of these presents In witness whereof we have hereunto set our hands and seals the c. day of c. in the year of our Lord God c. Sealed and delivered in the presence of _____ A Grant of the Stewardship of a Mannor during pleasure TO all Christian people to whom this present writing shall come I P. I. of the Middle-Temple London Esquire send greeting in our Lord God everlasting Know ye that I the said P.I. have given granted and by this my present Writing do give and grant unto B.I. of c in the County of c. Gent. the office of Steward and Stewardship of all that the Mannor of c. and of the hundred of c. in the County of c. and also the custody and keeping of the Courts Leets and other Courts of and within the said Mannor and hundred together also with all sees and profits thereunto belonging to have hold and enjoy the same to him the said B.I. by himself or his sufficient deputy for and during my will and pleasure In witness whereof I the said P.I. have hereunto set my hand and seal dated the c. day of c. Sealed and delivered in the presence of An Agreement of Creditors to take their Debts by four several payments and abate all interest WE the Creditors of C.H. whose names are hereunder subscribed are all content and do every one of us severally and respectively for himself agree and promise to take and accept of such principal debts as are due unto us from the said C.H. at such four dayes of payment as is aforesaid mentioned the said payments to be made by even equal portions That is to say one fourth part of our said several debts on or before the c. day of c. next coming one other fourth part thereof on the c. day of c. now next also ensuing one other fourth part thereof one the c. day of c. which shall be in the Year of our Lord God c. and the residue of our said several debts being the last and fourth part on the c. day of c. which shall be in the year of our Lord God c. in full payment and satisfaction of our said debts and upon the said C. H. making the first payment and giving us respectively his bonds or bills for the three last payments according to this agreement we will deliver up our old securities and discharge him thereof Witness our hands the c. day of c. A Lease of a side of a Shop and other conveniencies with a grant of goods and wares according to a schedule annexed THis Indenture made the c. day of c. Between E.H. Citizen and Stationer of c. on the one part and H.T. of the same City Stationer on the other part Witnesseth that the said E.H. for and in consideration of the yearly rent hereafter in and by these presents reserved to be paid hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said H.T. all that part of the Shop now in the occupation of the said E.H. being the West-side of the same Shop also the ware-house at the end of the same Shop which said warehouse abutteth upon the South-end of that part of the said Shop which now is in the occupation of A.R. as the same demised part of the said Shop and also the
seized of so much and such part and parcel of the said Lordships Mannors and Premisses as either in respect of not making and naming the right Tenant of the Free-hold in the severall Writs of Entry aforesaid or in respect of any other legal defect shall not be by the severall and Recoveries aforesaid well and sufficiently assure and settle to the several uses before in and by these presents expressed to the severall and respective uses intents and purposes hereafter in and by these presents expressed appointed and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his assigns for and during the Term of his naturall life without impeachment of or for any manner of wast and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her Assigns for and during the term of his natural life and from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever In witnesse whereof to one part of these present Indentures remaining with the said E. Lord G. Dame I. his wife D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed and set their severall hands and seals and to one other part of these present Indenture remaining with the said W.N. and A. T. the said C. Lord S. E. L. G. Dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals and to one other part of these Indentures remaining with the said C. Lord S. the said W.N. A.T. E.L. G. Dame I. his wife D. L. and I.S. have interchangeably subscribed and set their several hands and seals the Day and Year first above-written Anno Dom. A Condition to save harmless where one Attorns Tenant with a Covenant to grant a Lease when the premisses are setled in the Obligee THe Condition of this Obligation is such That whereas the within named I. S. hath attorned Tenant and doth and is contented to pay his Rent being Eleven pounds ten shillings per annum unto the within bound T. S. his heirs or assigns for the Messuage or Tenement with the Appurtenances wherein the said J.S. now dwelleth scituate near W. London If therefore the said T.S. his Heirs Executors Administrators or Assigns do from time to time and at all times hereafter clearly acquit discharge or sufficiently save harmless and indemnified the said J. S. his Executors Administrators and Assigns goods and chattels as well against one R. N. of the Parish of Saint G. in the Fields in the County of M. gent. and K. his wife and against the Heirs and Assigns of the same K. also against all and every other person and persons whatsoever of for from touching and concerning all such and so much Rent as he the said J. S. his Executors or Assigns hath already paid or shall hereafter pay to the said T. S. his heirs or assigns for the Tenement aforesaid with the Appurtenances and also of and from all Actions Suits Charges Distresses Forfeitures Judgments Executions and all other Damages Troubles and Incumbrances whatsoever that shall or may arise or grow or be had commenced or prosecuted against the said J. S. his Executors Administrators or Assigns by reason of paying the said Rent or any part thereof unto the said T. S. his Heirs or Assigns or by reason of occupying of the said Tenement And further If in case the said T. S. his heirs or assigns do or shall quietly hold and enjoy the possession of the Tenement aforesaid with the appurtenances amongst other things as he the same T. now doth for and during the space of two years next coming after the date within written without any further new Suit Then if the said T. S. his heirs or assigns do within one month next after the end and expiration of the said term of two years or after such time as the estate of the premisses shall be perfectly setled in the said T. or his heirs at the reasonable request and at the costs and charges in the Law of the said J. S. his Executors or Administrators by good lawfull and sufficient Indenture of Lease in due form of Law to be had made and executed Demise grant and to Farm-let unto the said J. his Executors Administrators and Assigns all the said Messuage or Tenement with the appurtenances wherein the said J. now dwelleth as aforesaid for so many years as will make up the remainder of the term of years in his former Lease granted full Twenty and one years and under the yearly Rent of Eleven pounds ten shillings quarterly to be paid to the said T. his heirs or assigns or within one and twenty dayes next after every Quarter-day by even portions and with such other reasonable Covenants therein to be contained as are commonly used in such like Leases That then this present Obligation shall be void and of none effect or else it shall stand and remain in full force strength and vertue A Condition to save harmless an Executor for payment of several Legacies to Orphans with a Covenant to see the same Legacies disposed to the best advantage for the Legatees THe Condition of this Obligation is such That whereas M.D. late of St. J. street in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the Tenth day of M. in the Year of our Lord God One thousand six hundred and fourteen did amongst other Legacies and Bequests give and bequâ—ath unto M. T. and A. T. Daughters of the within-bound T. T. Five shillings a piece of lawfull money of E. as by the sâ—me Will more at large appeareth Which said Sums of five shillings a piece the within named I. S. Executor of the last Will and Testament of the said M. D. hath at the Request of the said T. T. at and before the ensealing and delivery hereof paid and disbursed to the said T.T. for the use and behoof of his said Daughters M. and A. If therefore the said T. T. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said I. S. his Executors and administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said M. and A. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment of the said Sums of five shillings a piece to the said T. T. their Father
and A. C. then Wife of the said M. by their Indenture of Lease being dated the c. for the considerations therein mentioned did demise grant and to Farm let unto the said T. E. his Executors Administrators and Assigns all that his Mansion-house with the Rights Members and Appurtenances thereof scituate lying and being in Arlescot in the Parish of N. in the County of N. and all that Close of Pasture commonly called or known by the name of the great Close containing by estimation forty Acres be it more or less and also all that Close of pasture commonly called or known by the name of the middle pasture containing by estimation forty Acres be it more or less and all that Close of Meadow c. all and singular which said Closes and other the premises then or late were in the Tenure or Occupation of the said M. his Assignee or Assignees and are scituate lying and being in Arlescot aforesaid in the said County of N. and also all other Messuages Houses Edifices Buildings Dove-houses Orchards Gardens Tenements Meadows Pastures Feedings Woods Under-woods Commons Waste-ground Moors Marshes Rents Reversions Services Profits Commodities and Hereditaments whatsoever of them the said M. C. and A. C. or either of them scituate lying and being in A. aforesaid and N. or either of them in the said County of N. to Have and to Hold the said Mansion-house Closes of Meadow Pasture and Arable and all and singular other premises with their and every of their appurtenances by the said Indenture of Lease demised or mentioned to be demised and every part and parcel thereof unto the said T. E. his Executors Administrators and Assigns from the Feast of c. then last past before the Date of the same Indenture of Lease unto the full end and term of c. from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term unto the said M. C. and A. his wife and to the Heirs and Assigns of the said M. one pepper-corn onely at the Feast of c. if the same shall be lawfully demanded as in and by the same Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now this Indenture further witnesseth the said T. E. for and under the Proviso or Condition hereafter in these presents mentioned and expressed hath granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely grant bargain sell assign and set over unto the said T. C. his Heirs and Assigns all the Estate Right Title Interest Property Possession Term of years Claim and Demand whatsoever which he the said T. E. now hath may might should or in any wise ought to have or claim of in or to the said Mansion-house Closes of Land and other the premises with the appurtenances by the said Indenture of Lease demised and in and to every or any part or parcel thereof by force and vertue of the said recited Indenture of Lease Provided alwayes That if the said T. C. his Heirs Executors Administrators or Assigns or some of them shall not well and truly pay or cause to be paid unto the said T. E. his Executors Administrators or Assigns the sum of c. at or on c. without fraud c. That then this present Indenture and all and every Covenant Grant Article and Agreement therein contained shall be utterly void frustrate and of none effect any thing herein before specified to the contrary thereof in any wise notwithstanding In witness c. An Assignment of a Judgment with a Letter of Atturney therein asserted TO all Christian People to whom this present Writing shall come we I. H. Clerk Parson of c. and O. B. of c. Son and Executor of I. B. late of Gentleman deceased send greeting Whereas there is a Judgment of 400 l. depending in the Court commonly called the Kings Bench at Westminster against E. S. of F. Esq and R. S. of F. aforesaid Gentleman at the suit of me the said I. H. and of the said I. B. deceased as by the Record thereof remaining in the said Court of Kings Bench more at large may appear upon which Judgment there hath been Execution lately prosecuted and taken forth Now know ye That we the said I. H. and O. B. for divers just Causes and valuable Considerations us hereunto especially moving Have granted transferred assigned and set over and by these presents do clearly and absolutely grant transfer assign and set over unto Anthony H. of Lincolns Inn in the County of Middlesex Gentleman his Executors Administrators and Assigns as well the said Judgment of 400 l. aforesaid as also all the Benefit Commodity Sum and Sums of Money profit and advantages whatsoever that now is or hereafter shall be obtained or gotten by reason or means of the same Judgment or of any Execution or Extent thereof or thereupon to be had sued executed or obtained and all the Estate Right Title Interest and Demand whatsoever which we the said I. H. and O. B. or either of us have or ought to have or claim of in and to the said Judgment of 400 l. or any sum of Money Lands Tenements or other things which by vertue thereof or of any Execution Process or proceedings thereupon used shall be recovered obtained or gotten and further we the said I. H. and O. B. do by these presents make ordain constitute authorize and appoint the said A. H. to be our true and lawful Attorney for us and in our names or the names of either of us to sue and prosecute the Execution upon the said Judgment and upon satisfaction given or any other end Composition or Agreement made concerning the premises to 〈◊〉 knowledge satisfaction or to make and do any other Release and Discharge for the same and all and every other act or acts thing or things whatsoever as shall be requisite and needful to be done in and about the premises we covenant promise and grant allow ratifie establish and confirm by these presents And we the said I. S. and O. B. for us and either of us our Executors and Administrators do covenant promise and grant to and with the said A. H. his Executors Administrators and Assigns by these presents in manner and form following That is to say that neither the said I. B. in his life-time nor we the said I. H. and O. B. nor any of us have heretofore made done or committed any Release or other Discharge of the said Judgment or of any Extent or Execution which hath been thereupon sued or executed nor we the said I. H. and O. B. or either of us our Executors or Administrators at any time hereafter shall or will make commit or do any Release or other act or thing whatsoever whereby the said Judgment or any Extent or Execution which hath been thereupon sued or executed or
Countess of B. W. Lord M. Sir F. G. and E. W. or any of them their or any of their Heirs Executors Administrators and Assigns or any of them do and shall well and truly pay or cause to be paid unto the J. W. his Executors Administrators or Assigns the sum of c. in or upon the c. at or in the c. between the hours of c. That then this present demise grant bargain and sale shall be utterly void frustrate and of none effect any thing herein before contained to the contrary thereof in any wise notwithstanding For payment of the money And that the said E. Earl of B. the Lady L. Countess of B. W. Lord M. Sir F. G. and E. W. or some of them their or some of their Heirs Executors Administrators or Assigns shall and will well and truly pay or cause to be paid unto the said J. W. his Executors Administrators or Assigns the said sum of c. in or upon the c. at or in the place aforesaid and between the hours of c. according to the true intent and meaning of those presents And further That the said Close Grounds and other the premises before in and by these presents mentioned to be demised granted bargained and sold now are and be and so during the whole term of c. hereby grantted bargained and sold shall be remain and continue of the clear yearly value of c. over and above all Charges and Reprizes For the quiet enjoying of the premises upon default And moreover if default be made in payment of the said sum of c. herein before in the said Proviso mentioned or any part thereof at the day time and place before mentioned and limited for the payments thereof That then the said J. W. his Executors Administrators and Assigns and every of them shall and may from time to time and at all times during the said term of c. peaceably and quietly have hold use occupy possess and enjoy the said Grounds Lands Tenements Hereditaments and all other the premises herein before mentioned to be demised granted bargained or sold with all and singular their and every of their appurtenances and every part thereof without the let suit trouble denial disturbance expulsion or interruption of the said E. Earl of B. the Lady L. c. W. Lord M. Sir F. G. and E. W. and of all and every other person or persons whatsoever and discharged of and from all other Bargains Sales Gifts Grants Leases Statutes Recognizances Extents Judgments and all Charges Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had c. by the said E. Earl of B. the Lady L. Countess of c. W. Lord M. Sir F. G. and E. W. or any of them or by any other person or persons whatsoever For further assurance upon default And further that if default be made in payment of the said sum of c. or any part thereof at the day time and place aforesaid that then the said E. Earl of B. the Lady L. Countess of B. W. Lord M. Sir F. G. and E. W. their Heirs Executors Administrators and Assigns and all and every other person or persons lawfully having claiming or pretending to have or claim any manner of estate right title interest claim or demand whatsoever of in or to the said Closes Grounds Hereditaments and Premises or any part thereof shall and will make do suffer and execute or cause and procure to be done made suffered and executed all and every such further lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of the said Closes Grounds and Premises with the Appurtenances and every part thereof unto the said I. W. his Executors Administrators and Assigns during the said term of Ninety and nine years according to the intent and meaning of these presents as by the said I. VV. his Executors or Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required And the said VV. Lord M. Sir F. G. and E. VV. for themselves severally and not joyntly nor one of them for each other their several Heirs Executors Administrators and Assigns and for every of them respectively do covenant promise and grant to and with the said I. W. his Executors Administrators and Assigns and every of them by these presents That if default of payment be made of the said sum of c. or any part thereof at the day time and place aforesaid That then the said I. W. his Executors Administrators and Assigns shall and may from time to time and at all times during the said term of c. peaceably and quietly have hold possess and enjoy the said Closes Grounds and other the premises before mentioned to be hereby demised granted bargained or sold without the lawful let suit trouble denial disturbance expulsion eviction or interruption of them the said W. Lord M. Sir F. G. and E. W. severally their and every of their several and respective Heirs and Assigns or any of them or of any other person or persons lawfully claiming in by from or under them or any of them respectively as aforesaid And discharged and clearly acquitted of and from all former Bargains Sales Gifts Grants Statutes Recognizances Extents Judgments and of and from all other Charges Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done by the said W. Lord M. Sir F. G. and E. W. or any of them respectively their or any of their several Heirs Executors Administrators or Assigns or any other person or persons claiming or to claim in by from or under them or any of them severally and respectively their or any of their several estates act title means consent or procurement In witness whereof the Parties first above-named to these present Indentures have interchangeably set their Hands and Seals Given the day and year first above written Annoque Dom. 1634. A Covenant that after the default of payment the possession of Lands in Mortgage shall be delivered to the Mortgagee and also all Deeds and Writings concerning the same ANd the said A. B. for himself c. That he the said A. B. his Heirs and Assigns shall and will upon reasonable request to him or them to be made after default shall happen to be made of or in any of the payments aforesaid if it shall happen so to fall out deliver or cause to be delivered unto the said C. B. his Heirs and Assigns the quiet and peaceable possession and seizin of all and singular the before bargained premises And shall then also after such default of payment within one moneth then next ensuing deliver and cause to be delivered unto the said C. D. his Heirs and Assigns as well all and singular the Letters-Patents Deeds Evidences Writings
Titles Troubles and Incumbrances whatsoever heretofore had made committed suffered or done by us the said R. B. and P. K. or either of us our Executors c. or any of us in any manner of wise howsoever And so shall be during all the rest and residue of all and so many years as are yet to come and unexpired of the said several terms in by the said several recited Indentures of Lease granted according to the true intent and meaning of these presents the several Rents Payments Covenants and Agreements in the said several recited Indentures of Lease respectively comprised and specified which from henceforth on the Tenants and Lessees parts and behalfs are or ought to be observed performed fulfilled and kept according to the true meaning of the several recited Indentures of Lease and the moyety of one half part of the yearly Rent of c. reserved for certain Rooms and Chambers belonging to the c. now in the Occupation of c. which moyety of the said Rent is formerly sold and released unto the said A. B. his c. onely excepted and foreprized any thing in these presents contained c. In witness c. An Assignment of a Lease in trust whereof the Assignor is to take a further Estate in the premises THis Indenture made c. between Sir A. C. of c. on the one part and E. H. and C. D. of c. on the other part Witnesseth That whereas Sir J. D. c. by his Indenture of Lease beating date the c. reciting the Grant and Habend as in and by c. Now this Indenture further witnesseth That the said Sir A. C. for and in consideration of the trust hereafter mentioned and for divers other good Causes and Considerations him thereunto moving hath granted bargained sold assigned and set over and by these presents doth grant bargain c. unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned and set over To have and to hold the said Lordship c. and all other the premises with all and singular their appurtenances before by these presents bargained sold assigned and set over and every part and parcel thereof unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor or Survivors of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned c. Nevertheless upon this trust and confidence in them and every of them reposed that they the said E. H. and C. D. and the Survivor of them and the Executors c. of the Survivor of them shall and will at all times hereafter and from time to time upon the reasonable request to them or any of them to be made and at the Costs and Charges in the Law of the said Sir A. C. his Executors c. assign convey and assure all and singular the before bargained premises and every part and parcel thereof unto such person or persons their Executors c. by the said Sir A. C. his Executors c. shall be nominated and appointed in such manner and form as by the said Sir A. C. his Executors c. or his or their Council learned in the Law shall be reasonably devised or advised and required and upon further trust and confidence that they and every of them shall and will upon the like request to be made do and perform all and every lawful act and acts thing and things whatsoever for the extinguishment of this present bargain sale and assignment of the premises above-mentioned as by the said Sir A. C. his Executors c. or by his or their Council learned in the Law shall be reasonably devised or advised and required In witness c. An Assignment of a Judgment THis Indenture made c. between M. M. c. on the one part and R. T. c. on the other part witnesseth That whereas the said M. M. hath recovered a Judgment in His Majesties Court of Common-Pleas at Westminster in Hillary Term Anno c. against E. G. for xx l. Debt besides costs of Suit as by the Records of the said Court more at large may appear Now the said M. M. for good Considerations him moving Hath bargained sold assigned and set over and by these presents doth bargain sell assign and set over unto the said R. T. his Executors c. as well the said Judgment and all and every sum and sums of money therein mentioned and contained As also all benefit and advantage which shall or may be had obtained or gotten by reason or means of the said Judgment or any Process or Execution thereupon to be had sued out or executed To have and to hold the said Judgment sum and sums of Money benefit advantage and other the premises aforesaid unto the said R. T. his c. to his and their own proper uses and behoofs in as ample manner as he the said M. M. his Executors or Assigns might or could have and enjoy the same if these presents had never been had or made and the said M. M. his Executors c. shall and will justifie maintain and avow all and every lawful act and thing that shall be done in and about the premises without releasing or discharging the same So as there be no further benefit taken than onely the due Debt Interest and Charges and that all the benefit which shall be obtained or gotten upon the said Judgment shall wholly remain and be unto the said R. T. his Executors c. to his and their own proper uses and behoofs without any account or other thing to be therefore yielded or done unto the said M. M. his c. for the same In witness c. An Assignment of an Annuity TO all Christian people c. I J. W. of c. Gentleman send greeting in our Lord God everlasting Whereas J. C. Citizen c. by his Deed indented bearing date c. for the consideration therein mentioned did give grant and confirm unto me the said J. W. one Annuity or yearly Rent or Pension of c. to be issuing and going out of all and singular the Messuages or Tenements Lands and Premises of the said J. G. situate and being in c. for the term of the natural life of me the said J. W. as in and by the said Deed indented among divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now know ye That I the said J. W. for good Considerations me moving have assigned and set over and by these presents do assign and set over unto S. L. of c. the said Annuity or yearly Pension of c. To have
said G. H. now hath full power true title and absolute authority to demise grant c. the said c. and all and singular other the premises with the appurtenances before demised and every part and parcel thereof unto the said J. P. his Executors Administrators and Assigns for the term of c. in manner and form as in and by these presents is mentioned limited and expressed A Covenant that the Lessee shall not cut down or fell the Trees without the consent of the Lessor ANd the said T. H. for himself c. that he the said T. H. his c. or any of them shall not at any time hereafter during the said term commit or cause procure or wittingly suffer to be committed or done any manner of wilful waste or destruction in or upon the premises or any part thereof nor shall cut down fell take or carry away any of the Woods Under-woods or Trees growing standing or being or which hereafter shall grow stand or be in or upon the premises before demised or in or upon any part or parcel thereof without the licence consent or agreement of the above-named U. B. his Heirs or Assigns in writing first had and obtained A Condition of Arbitrement general and special THe Condition c. That if the within-bounden R. C. and R. A. their c. and every of them do and shall for their and every of their parts and behalfs in all things well and truly stand to abide obey observe perform fulfil and keep the award arbitrement order rule determination and judgment of c. Arbitrators indifferently chosen elected and named as well on the part and behalf of the said R. C. R. A. as on the part and behalf of the within-named R. S. and c. to arbitrate award rule decree and judge of for upon touching or concerning all Actions Suits Doubts and variances concerning c. out of the Mannor of L. in the Parish of W. in the County of c. now in question and controversie between the said Parties and also for touching and concerning all and all manner of other Suits Quarrels Debts Debates Duties Bonds Specialties Controversies Transgressions Offences Strifes Contentions Reckonings Accounts and Demands whatsoever which between the said R. C. and R. A. on the one part and the said J. G. the elder and the said J. S. the younger and divers other persons on the other part at any time from the beginning of the World until the day of the date of these presents have been had moved stirred or are in any wise depending so alwayes as the same award arbitrement or determination and judgment of the Parties in and upon the same premises be made and given up in writing indented under their Hands and Seals ready to be delivered to the said Parties at or in c. on or before c. That then this c. A Condition for the truth of an Apprentice and to restore the value of all such Goods as by proof shall appear be hath imbeazled THe Condition c. That whereas J. D. c. Son of c. by his Indenture of Apprentiship to the within-named W. G. hath bound himself to the said W. G. with him to dwell and abide from the Feast of c. unto c. from thence next ensuing fully to be compleat and ended as in and by the said c. more fully may appear If therefore the said J. D. the Apprentice do or shall at any time or times hereafter during the said term of c. wilfully waste imbeazle consume spend or make away or otherwise deliver or lend upon trust without ready money to any person or persons without the consent of the said W. G. his Master and of the Goods Wares Monies or Merchandize of the said W. G. his Executors or Assigns Then if the above bounden L. M. his Executors or Assigns or any of them do and shall within two Moneths next after request made and notice thereof given from time to time during the said term well and truly pay or cause to be paid to the said W. G. his Executors or Assigns the full sum and value of all such Goods Wares Money or Merchandize as by the just and true proofs shall appear the said J. D. to have spent imbeazled wasted consumed or lent without consent as aforesaid to the hâ—rt and hinderance of the said W. G. his Executors or Assigns without fraud or coven That then c. A Condition to acknowledge satisfaction upon a Judgment THe Condition c. That if the within-bounden J. P. his Executors Administrators or Assigns or any of them do or shall before the end of Easter Term now next coming after the 〈◊〉 within written by himself or by his or their lawful Attorneys in the Kings Majesties Court of Common-Pleas confess and acknowledge satisfaction of all such Judgments and Executions as the said J. P. hath recovered in the said Court against W. L. of c. Gentleman That then c. A Condition to make assurance upon request THe Condition c. That if the within-bounden H. S. or his Assigns shall and will at all times hereafter upon reasonable request and at the Costs and Charges of the within named J. F. his Heirs and Assigns by such lawful act and acts thing and things conveyances and assurances in the Law whatsoever as by the said J. F. his Heits or Assigns or his or their Council learned in the Law shall be reasonably devised or required lawfully and sufficiently give grant convey and assure unto the said J. F. his Heirs and Assigns for ever all that c. in the Town and Parish of I. in the County of D. now in the Tenure of c. clearly acquitted and discharged or otherwise sufficiently saved and kept harmless of and from all and all manner of former Bargains Sales Charges Titles Troubles and Incumbrances whatsoever had made committed or done by the said S. H. or by any other person or persons whatsoever That then c. A Condition to find one his Dyet by the year THe Condition c. that if the within-bounden T. W. his Executors or Assigns do and shall at his and their own proper Costs and Charges find provide and allow unto J. B. or any servant of the within-named I. B. in his stead and place good wholesome and sufficient Dyet and Victuals of Meat and Drink meet and convenient and in such sort as is now by the above-bounden T. W. allowed for the time and space of one whole year from the Feast of the Nativity of c. next ensuing c. at or in the now c. And if at any time the said I. B. or such said Servant of the said I. B. so to be dyeted for the time being shall absent himself from his said Commons by the space of six weeks or more together at any time or times during the said term If then and so often as he shall be absent the said
stand and abide in full force and vertue In witness c. A Defeazance upon a Judgment THis Indenture made c. between A. B. of c. and W. C. of c. witnesseth That whereas the said A. B. hath in Trinity term last recovered against W. C. the sum of c. besides Costs of Suit in his Majesties Court of Common-Pleas at Westminster and thereupon had Judgment against the said W. C. as by the Record thereof remaining in his Majesties said Court more at large it doth and may appear Nevertheless the said A. B. is contented and pleased and doth covenant and grant by these presents for him his Heirs Executors and Administrators to and with the said W. C. his Heirs Executors and Administrators That if the said W. C. his Heirs Executors Administrators or Assigns do and shall well and truly pay or cause to be paid to the said A. B. his Executors or Assigns the full sum of c. at or in the c. That then and in the mean time he the said A. B. his Executors Administrators or Assigns shall not take out any Execution against the said W. C. his Goods Chattels Lands or Tenements And that upon payment of the said sum of c. at the day and place above-named for payment the said A. B. his c. at the request costs and charges in the Law of the said W. C. his Executors Administrators or Assigns shall and will acknowledge satisfaction upon Record of and for the said Judgment so as he the said W. C. do make unto the said A. B. his Executors and Administrators good lawful and sufficient releases of Errors and of all Mis-prisions Desaults and Imperfections had committed omitted or perpetrated in or about the said Judgment or Recovery or any Entries Pleas Pleadings Process Proceedings or other matter touching or concerning the same In witness c. A Defeazance upon a Mortgage of Lands formerly forfeited THis Indenture made the c. between R. T. of c. on the one part and E. F. of c. of the other part witnesseth That whereas the said E. F. by his Indenture bearing date c. for the considerations therein mentioned did give grant bargain sell and confirm unto the said R. T. his Heirs and Assigns all that the Mannor of c. with the right members and appurtenances thereof in the County of c. and also divers other Lands Tenements and Hereditaments in the same Indenture specified in which said Indenture there is contained a Condition or Proviso to this effect following That is to say That if the said E. F. his Heirs Executors or Assigns or any of them do truly pay or cause to be paid unto the said R. T. his Executors Administrators or Assigns the full sum of c. at or in c. that then and from thenceforth from and after such full payment had and made in manner aforesaid the said recited Indenture and every the Covenants Grants Articles and Agreements therein contained shall be utterly void and of none effect as by the said Indenture amongst divers Covenants Grants Articles and Agreements therein contained may more at large appear Which said sum of c. was not paid at the day and place of payment before limited for the payment thereof according to the tenour of the said Proviso or Condition By reason whereof the said Mannor Lands and other the premises in the said Indenture mentioned are absolutely vested and sealed in the said R. T. yet nevertheless the said R. T. is contented and pleased and doth covenant and grant to and with c. that if the said E. F. his Heirs Executors Administrators c. or any of them do well and truly content and pay or cause to be paid unto the said R. T. his Executors Administrators or Assigns the full sum of c. on the c. at or c. That then upon the said payment of the said sum of c. in manner and form aforesaid and from thenceforth the said recited Indenture of Bargain and Sale made of the said Mannor and other premises shall be utterly void and of none effect the breach made in non-payment of the said sum of c. in the Proviso of the said Indenture mentioned or any other grant or thing therein contained to the contrary thereof in any wise notwithstanding And that also upon full payment of the said sum of c. that at any time or times after within the space of seven years then next following He the said R. T. his Heirs and Assigns shall and will at the reasonable request costs and charges in the Law of the said E. F. his Heirs and Assigns grant convey and assure unto the said E. F. for ever the said Mannor of c. with the appurtenances and all and singular other the premises in and by the said recited Indenture granted as aforesaid in such manner and form as by the said E. F. his Heirs or Assigns or his or their Council learned in the Law shall be reasonably devised or required so as in the said conveyance and assurance so to be made by the said R. T. his Heirs and Assigns there be no further or other warranty than only against him and his Heirs And so as also the said R. T. his Heirs or Assigns be not compelled to travel further than the Cities of London or Westminster for the doing and executing of the same assurance And also that he the said R. T. his Heirs Executors or Assigns shall and will deliver or cause to be delivered unto the said E. F. his Heirs or Assigns within six Moneths next after such payment made all and every the Deeds Evidences and Writings which the said R. T. hath touching or concerning the premises safe whole uncancelled and undefaced In witness c. A Bill of Sale with a Proviso That if the Money with allowance be paid by a day then to be void BE it known unto all men by these presents That I A. B. of c. for and in consideration of the sum of 10 l. to me in hand paid at the ensealing and delivery of these presents by C. D. of c. Have bargained and sold and in plain and open Market according to the Custom of the City of London Have delivered unto the said C. D. these several parcels hereafter mentioned viz. c. To have and to hold the said several parcels and every of them bargained and sold as aforesaid unto the said C. D. his Executors Administrators and Assigns to the only proper use and behoof of the said C. D. his Executors Administrators and Assigns for ever Provided alwayes that if I the said A. B. my Executors Administrators or Assigns do well and truly content and pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns the full fum of 10 l. 10 s. of c. on c. next ensuing the date hereof at or in the c. that then
October 1647. in the twenty third year of c. IG H. of c. being sick and weak in Body but of sound and perfect memory praise be given to God for the same and knowing the uncertainty of this life on Earth and being desirous to settle things in order do make this my last Will and Testament in manner and form following That is to say First and principally I commend my Soul to Almighty God my Creator assuredly believing that I shall receive full pardon and free remission of all my Sins and be saved by the precious Death and Merits of my blessed Saviour and Redeemer Christ Jesus and my Body to the Earth from whence it was taken to be buried in such decent and Christian manner as to my Executors hereafter named shall be thought meet and convenient And as touching such worldly Estate as the Lord in mercy hath lent me my Will and meaning is the same shall be imployed and bestowed as hereafter by this my Will is expressed And first I do revoke renounce frustrate and make void all Wills by me formerly made and declare and appoint this my last Will and Testament Item I give and bequeath c. A Condition to pay Money at the day of Marriage or day of Death THe Condition of this Obligation is such That if the within bounden A. B. his Executors Administrators and Assigns do well and truly pay or cause to be paid unto the within-named C. D. his Executors Administrators or Assigns at or in the c. the sum of c. within six Moneths next after the Solemnization of the Marriage of the above-said A. B. or the day of death and decease of B. C. of c. Gentleman which shall first happen after the date within-written without fraud or coven That then c. A Condition to deliver Hay and Cats by a day c. THe Condition c. That if the within-bounden J. A. his Executors Administrators or Assigns do and shall well and truly deliver or cause to be delivered unto the within-named T. J. his Executors Administrators or Assigns at c. five Cart-loads of good sweet well made and well-dryed Hay every Load containing c. and twenty quarter of sound wholsome and sweet Oats good and Merchantable ware every quarter to contain c. between the Feast-day of St. John the Baptist and St. James the Apostle next ensuing the day within-written frank and free without any thing therefore to be paid without fraud or coven That then c. A Condition to perform Covenants THe Condition c. that if the within-bound L. R. his Executors Administrators and Assigns and every of them do and shall at all times hereafter and from time to time well and truly observe perform fulfil pay do and keep all and every the Covenants Grants Articles Clauses Provisoes Payments and Agreements which on his or their parts and behalfs are and ought to be observed performed and fulfilled paid done and kept specified and comprized in a certain pair of Indentures of Lease bearing date within-written made between the within-named L. R. on the one part and N. G. on the other part and that in and by all things according to the true intent and meaning of the same Indenture That then c. A Condition to abide the Award of Arbitrators if they make an arbitrement and if not then to abide the umpirage of an umpire THe Condition c. That if the within-bounden A. S. his Heirs Executors and Administrators and every of them for his and their parts and behalfs in all things do well and truly stand to and abide observe perform obey fulfil and keep all and every the award arbitrement doom determination final end and judgment of Sir T. S. of c. and H. S. of c. Arbitrators indifferently nominated elected and chosen as well on the part and behalf of the within-bound A. S. as on the part and behalf of the within-named F. F. to award arbitrate determine and judge of for upon or concerning all and all manner of Judgments Executions Actions Suits Cause and Causes of Action and Suit Accompts Reckonings Sum and Sums of Money Trespasses Strifes Variandes Quarrels Controversies Judgments Executions and Demands whatsoever had made moving or depending or having being and beginning between the said Parties at any time or times before the day of the date of these presents So alwayes that the said award arbitrement doom determination and judgment of the said arbitrators of for or upon the premises be made or put in writing indented under their Hands and Seals and ready to be delivered to the said Parties or to such of them as shall come and require the same of the said arbitrators on this side or before the c. and if the said arbitrators shall make and put in writing indented no such award or arbitrement as aforesaid for and upon the premises at or before the said day of c. if then the said A. S. his Heirs Executors and Administrators and every of them for his and their part and behalf in all things do well and truly stand to abide obey observe perform fulfil pay and keep all and every the award umpirage arbitrement determination final end and judgment of Sir R. R. of c. Umpire indifferently elected and chosen on the part and behalf of either of the said Parties to award arbitrate determine and finally to judge of for upon or concerning all and singular the aforesaid premises so alwayes that the said award umpirage arbitrement determination final end and judgment of the said Umpire of for or concerning the same premises be had and put in writing indented under his Hand and Seal at or in the c. and ready to be delivered to the said Parties or to such of them as shall come and require the same of the said Umpire That then c. A Condition that one shall not demise or alien without consent THe Condition c. That if neither the above-bound R. R. nor his Assigns nor any of them do or shall at any time hereafter demise grant bargain sell or otherwise do away his or their Estate Right Title Interest Claim and Demand either in Fee-simple Fee-tail or otherwise to any person or persons whatsoever of in or to that the Mannor of c. in the County of c. with the right members and appurtenances thereof in the said c. whatsoever or of in or to any part or parcel thereof which he the said R. R. or his Heirs have hath or had may might should or ought to have or claim of in or to the said Mannor with the appurtenances without the consent and agreement of the above-named T. J. his Heirs or Assigns or some of them to that effect first had and obtained in writing under his their or some of their Hands and Seals That then this c. A Condition to justifie all such Actions as shall be commended by reason of a
aforesaid and to his Successors Chamberlains of the same City in the sum of 350 l. of c. with condition amongst other articles in the said Recognizance specified for the true payment of 300 l. of like money unto the said Chamberlain or his Successor to the use of E. and J. Orphans of T. B. late Citizen and Grocer of London deceased at such time as they or either of them shall accomplish their several ages of twenty one years as by the said Recognizance and Condition thereof more at large may appear If therefore the said E. K. his Heirs Executors or Administrators do from time to time and at all times hereafter discharge exonerate acquit or otherwise well and sufficiently save and keep harmless the said J. C. J. L. and W. G. and every of them and the Heirs Executors and Administrators of them and every of them and all and singular the Lands Tenements and Hereditaments Goods and Chattels of them and every of them against the said Chamberlain and his Successors and against all and every other person or persons whatsoever of for and concerning the said Recognizance and all and singular sums of money penalties forfeitures and things whatsoever in the said Recognizance or condition thereof or either of them contained or specified and also of for and concerning all and singular Actions Suits Judgments Extents Executions Molestations Costs Charges Troubles Incumbrances and Demands whatsoever which shall or may arise grow happen or be by reason or means of the said Recognizance And also if it happen the said E. K. before the said sum of 300 l. be fully paid to the said Chamberlain or his Successors according to the tenour and purport of the said condition of the said Recognizance to decease or by any means to come to poverty and insufficiency of himself to his goods and chattels out of the liberties of the City aforesaid to absent withdraw or purloyn Then if the said E. K. his heirs executors or administrators within six moneths next after such decease coming to poverty and insufficiency or such withdrawing absenting or retaining himself or his Goods or Chattels out of the liberties of the City aforesaid or upon reasonable request do make true payment unto the said Chamberlain or Successors of the said sum of 300 l. to the use aforesaid and then also within the same six moneths or upon such request as aforesaid do cause and procure the said Recognizance and all Extents and Executions of the same to be clearly and lawfully discharged and made void That then c. A Condition from the under-Sheriff to a High-Sheriff for saving harmless THe Condition c. That whereas the above-named Sir M. G. Knight Sheriff of the County of B. hath assigned and deputed the above-named R. B. his Under-Sheriff If therefore the said B. N. the above-bound C. R. and G. D. their Heirs Executors and Administrators and every of them do at all time and times hereafter save and keep harmless and indempnified as well the said Sir M. G. his Heirs Executors Administrators and Assigns and every of them as also the said Lands Tenements Hereditaments Goods and Chattels of the said Sir M. G. of for touching or concerning the returns and executions 〈◊〉 all such Process Writs and Warrants of what nature soever they be as are or shall be hereafter directed to the Sheriff of the said County of B. and shall be brought and delivered or offered to be delivered to the said B. N. during the term that the said Sir M. G. shall be Sheriff of the said County And of and from all Issues Fines and Amerciaments which shall happen to be imposed or taxed upon the said Sir M. G. for or concerning the not executing wrongful executeing or detaining in his hands any Writs Process or Warrants and of for and concerning all Escapes of all and every person or persons that shall be arrested or apprehended by vertue of any such Process Writ or Warrant during the time that the said Sir M.G. shall continue Sheriff of the said County of B. And also if the said B. N. C. R. and G. D. their Heirs Executors and Administrators and every of them shall save harmless and indempnified the said Sir M. G. and his Heirs and Assigns and his and their Lands Goods and Chattels of for and concerning all such accompt and accompts as the said Sir M. G. is and shall be charged withall as Sheriff of the said County of B. to our Soveraign Lord the King his Heirs or Successors in any of His Majesties Courts and of all sums of money which shall be levied or received by the said B. N. as Under-Sheriff of the said Sir M. G. or any Bayliff or other person by the direction or assent of the said B. N. to the use of the Kings Majesty his Heirs or Successors That then c. A Condition to save harmless a Surety from a Bond of Arbitrement THe Condition c. That if the above-bound A. D. his Executors and Administrators or any of them do and shall from time to time and all times hereafter well and sufficiently save and keep harmless and indempnified the above-named G. M. his Heirs Executors and Administrators and his and their Lands Tenements Goods Chattels and Hereditaments of for from and concerning one Obligation bearing date the day of the date above-written wherein the said G. M. at the request of the said A. D. is and standeth bound unto R. M. Gentleman in the sum of 100 l. with Condition there-under written that the said A. D. abide the award of W. M. and T. B. Esquires Arbitrators and of and from all Actions Suits Arrests Costs Charges and Demands whatsoever concerning the premises without fraud or coven That then c. A Condition if money be not paid at the day then to surrender certain Copy-hold Lands c. THe Condition c. That if the within-bound B. L. do not or shall not well and truly pay or cause to be paid unto the within-named J. P. his Executors Administrators or Assigns the full sum of c. on the c. next ensuing the date within-written at c. according to a Proviso or Condition mentioned in a Deed or Surrender bearing date the day of c. Then if the said E. L. and A. his wife do and shall at the next Court to be holden for the Mannor of c lawfully and absolutely surrender into the hands of the Lord of the said Mannor to the only use and behoof the said J. P. his Heirs and Assigns for ever according to the custom of the said Mannor the said several parcels of Land with their and every of their appurtenances in the said Surrender mentioned And also if the said J. P. his Heirs or Assigns shall or may peaceably and quietly have hold and enjoy the said parcel of Land and every of them with their and every of their appurtenances so surrendred as aforesaid freely and clearly acquitted of and from
any sufficient discharges to any of my said Tenants or Farmers requiring the same And the same sum and sums of Money Rents Issues and Profits so had and received to pay and deliver to me the said G. K. my Executors Administrators and Assigns and to be accomptable unto me the said G. K. my Executors and Administrators from time to time for all every or any the said sum or sums of Money so as asonesaid by the said C. P. had taken and received at the Feast of St. Michael the Archangel next ensuing the date hereof or before the end of Candlemas Term then next ensuing and at the Feast of the Annunciation of the blessed Lady St. Mary the Virgin then next following or before the end and expiration of Trinity Term then next ensuing and so from time to time at the Feasts and Dayes before prefixed to give and make a true account or accounts to me during the continuance of the power to him given and granted as aforesaid And further I do by these presents give full power and authority to my said Attorney at any time hereafter to elect and choose some one sufficient and able person to be Steward of my Courts of my said Mannors c. and also to place and displace at his will and pleasure upon just occasion any Bayliff or other Officer or Officers whatsoever as occasion shall require and also giving and by these presents granting unto my said Attorney full power and lawful authority for me and in my name stead and place and to my use as aforesaid for non-payment of all every or any my said Rents arrerages of Rents Issues Amerciaments and Profits to distrain impound arrest sue implead and imprison all every or any my said Tenants or Farmers which shall refuse to pay my said Attorney all or any such sum and sums of Money Rents Issues and Profits by them or any of them respectively due and payable unto me as aforesaid and the same persons again to discharge acquit and release of and from the same at his will and pleasure And further to do or cause or procure to be done in and about the premises all and whatsoever to the said C. P. shall seem requisite and needful to be done as effectually as if I my self were then and there personally present And which c. so to be done I do hereby covenant and grant for me my Heirs c. to justifie aver and maintain as fully and perfectly to all intents constructions and purposes as though the same were actually done by my self In witness c. A Warranty of Attorney to confess a Judgment WHereas K. B. widow of c. Executrix of the last Will and Testament of J. B. Esq hath sued out of the High-Court of Chancery an Original Writ of Debt for Two hundred pounds against me T. H. and J. W. of c. Esq and Sir R. B. of c. Knight my Sureties returnable this Trinity Term in the Court of Common-Pleas at Westminster These are therefore to require you to appear for me and my Sureties and to make Declaration for us the said T. H. J. W. and Sir R. B. at the suit of the said K. B. and thereupon to confess a Judgment either by non sum informat nihil dicit or otherwise as you shall think fitting and this shall be your sufficient warrant in that behalf In witness c. A Warrant to acknowledge satisfaction Mr. T. W. VVHereas in Trinity Term in the Twentieth year of the Reign of our Soveraign Lord King Charles over England c. there was a Judgment had and obtained in His Majesties Court of Common-Pleas at Westminster against A. P. of c. for c. Debt and c. Damages and Costs at the suit of c. These are to require you to acknowledge satisfaction upon the said Judgment and this shall be your sufficient warrant for the same In witness c. Another Warrant to acknowledge satisfaction Mr. T. F. VVHereas I heretofore retained you my Attorney in His Majesties Court of Kings Bench at Westminster to sue charge and implead R. E. upon several actions and a Habeas Corpus depending against him and whereas you thereupon further proceeded by my direction to the recovery and entry of four several Judgments the one of 50 l. Debt and 7 l. 10 s. and 8 d. Damages another c. another c. and the other c. for that I have received full satisfaction from the said R. E. for and concerning all those actions and several executions by you in my behalf obtained and entred against him by force whereof he remains Prisoner in the custody of the Marshal of His Majesties said Court These are therefore to will and require you to discharge those several actions by search or otherwise out of the Entry-Book of the Marshal of that Court or other declarations remaining on file there And further I do hereby direct and authorize you to acknowledge satisfaction upon Record upon the several Judgments above specified and all other Judgments chargeable against him for my satisfaction and so to release his person out of the Marshals custody from all causes touching me And for the doing thereof this shall be your sufficient warrant and discharge In witness c. An Indenture for suing forth a writ of Entry of a Mannor to the intent a Recovery may be had THis Indenture tripartite made the c. between H. E. of c. of the first part W. G. of c. of the second part and A. B. and C. D. of c. of the third part Witnesseth That it is covenanted granted concluded condescended unto and fully agreed upon by and between the said Parties to these presents And the said H. E. doth for himself his Heirs c. covenant c. that he the said E. or his c. before the Feast of c. at the proper Costs and Charges in the Law of the said W. G. his Heirs or Assigns shall permit and suffer the said A. B. and C. D. to bring and sue forth out of His Majesties High-Court of Chancery one Writ of Entry sur disseisin en le post against the said W. G. returnable before the Justices of the Common-Pleas at VVestminster at a certain day before the said Feast of c. by which Writ the said A. B. and C. D. shall demand against the said W. G. all that the Mannor of c. by the name of c. or by any other name or names whatsoever whereunto the said W. G. shall appear before the said Justices at the said day of return to be contained in the said Writ in his own proper person or by his Attorney sufficiently authorized by the Law for the same upon which appearance the said A. B. and C. D. shall declare against the said W. G. according to the nature of the said Writ and that he the said H. E. shall permit and suffer the said W. G. to make defence
presents remise release and quit-claim all Errors Writ and Writs of Error cause and causes of Error Misprisions and Mis-entries and Demands which they the said S. H. or either of them their or either of their heirs have or hereafter may or ought to have for or by reason of any Errors Imprision Mis-entry Erroneous obtaining or prosecution of the said Writ of Entry and Judgments aforesaid or any of them or other matter or thing whatsoever in or about or any way touching or concerning the said recovery or any the proceeding or prosecution thereof And the said S. N. for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said J. F. his Heirs and Assigns and to and with every of them by these presents that he the said S. N. and H. his Wife at the time of the ensealing and delivery of the said recited Deed made to the said T. Y. and before mentioned to be enrolled as aforesaid were lawfully and rightfully seized in the right of the said H. of and in one full third part the whole in three equal parts to be divided of all and singular the Tenement Lands and Premises before herein mentioned in Fee-simple or Fee-tail and at the time of the ensealing the said Deed as aforesaid had full power good right and lawful authority to grant convey settle and assure the said third part in manner and form aforesaid according to the true intent and meaning of these presents and also that the said third part of the said Tenement Land and Premises before herein mentioned or intended to be conveyed setled or assured to the said J. F. as aforesaid now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the said J. F. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by them the said S. N. and Hester their Executors or Administrators well and sufficiently saved and kept harmless of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Estates Joyntures Dowers Wills Covenants Entails Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Debts to the Common-wealth Sequestrations Debts of Record Fines Issues Amerciaments and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed or suffered to be done by the said S. N. and Hester William King the younger and William King the elder Father and Grand-father of the said H. K. or any of them or by any other person or persons whatsoever claiming or to claim from by or under them or any of them and the said S. N. for himself his Heirs Executors and Administrators and every of them doth further covenant promise and grant to and with the said I. F. his Heirs and Assigns and every of them by these presents that he said I. F. his Heirs and Assigns and his and their Farmers and Tenants shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold use occupy possess and enjoy one whole third part of all and singular the Tenements Lands and Premises before mentioned and take receive and enjoy the Rents Issues and Profits thereof to his and their own use without any let interruption challenge claim disturbance or incumbrance of or by them the said S. N. and Hester or either of them their or either of their Heirs c. or of or by any other person or persons whatsoever lawfully claiming or having or pretending to have any lawful estate right title interest or thing of in to or out of the said granted third part from by or under the said Hester and he the said Father and Grand-father or any of them And further that the said S. For better assurance N. and Hester his Wise and the Heirs of the said Hester shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said I. F. his Heirs and Assigns make do suffer execute and acknowledge or cause to be made done suffered executed and acknowledged all and every such reasonable and lawful acts thing and assurances in the Law whatsoever for the further and better setling assuring sure-making and conveying to the said J. F. his Heirs and Assigns for ever according to the true intent and meaning of these presents the said third part before hereby mentioned or intended to be conveyed and assured of and in the Tenements Lands and Premises aforesaid by such wayes and means in the Law as by him the said J. F. his Heirs or Assigns or by his or their Council learned in the Law shall be in that behalf reasonably devised or advised and required for the making whereof the said S. N. or Hester shall not be compelled to travel above twenty miles from the place of his her or their dwelling or abode at the time of such request to be made nor to enter into any further or more general warranty or acquital than is herein comprized and the said S. N. and H. his wife for the considerations aforesaid have granted bargained and sold and by c. to the said J. F. his Heirs and Assigns all Deeds Charters Writings and Evidences which do touch or concern the premises aforesaid or any part thereof and all the Right Title and Demand of them the said S. and H. of in and to all and every or any the same Deeds Evidences and Writings In witness whereof all the said Parties have to each part of this Indenture Tripartite c. W. B. being possessed of Lands c. for a term of years the Inheritance of which Lands in Fee-simple were conveyed to R. R. and W. B. in trust to be disposed of as W. B. and his wife shall appoint contracts with W. for sale the assurance advised thus That for keeping on foot the term and preventing Incumbrances the term should be granted to W. D. himself and the Inheritance to W. D. his Son the Inheritance is conveyed to the Son as followeth THis Indenture c. between W. B. of c. R. R. and W.K. of c. of the one part and W. D. and W. D. of c. witnesseth That for and in consideration of the sum of c. to the said W. B. by the said W. D. the elder before the ensealing hereof paid as well for certain terms and interests by the said W. B. to him the said W. D. already made and granted of the parcels of Land herein after granted as for the Inheritance thereof hereby intended to be granted and conveyed the said R. R. and W. K. at the
persons except such Goods Chattels Money and Plate now in the possession and custody of the said T. T. of the said Testators which is or are to be administred as shall be thought good by the said R. B. And further if the said T. T. his Heirs or Executors do not discharge any debts of the said Testators without the consent of the said R. B. his Executors or Administrators nor any Action which the said R. B. or his Executors shall justly attempt and bring against any person or persons to or for the recovery of any of the Debts Goods and Chattels of the said Testator that then c. or else c. A Condition not to do any act as Executors without consent of his Co-Executor THe Condition c. That whereas one C. B. late of N. deceased by her Testament and last Will named ordained and constituted the within-bound M. B. and the within-named N. J. to be Executors of the same her Testament and last Will as by the same last Will and Testament among other things appeareth if therefore the said M. B. shall not at any time hereafter make or cause to be made any release acquittance or other discharge to any person or persons for or concerning any of the debts goods or chattels which were the said C. B. the day of her decease nor shall do or suffer or cause to be done or suffered any other act or acts thing or things in or about the Execution of the said Testament and last Will of the said C. without the consent assent and agreement of the said N. I. that then c. A Condition to procure one to seal an acquittance by a day and to save harmless THe Condition c. That whereas the within-named A. B. hath the day of the date within-written paid and delivered to the within-bound C. D. for and to the use of L. O. now Resident in France in the parts beyond the Seas the sum of c. if therefore the said C. D. his Executors or Administrators shall and do before the c. cause and procure the said J. O. to seal and deliver as his Deed to the use of the said A. B. his Executors and Administrators in the presence of two or three sufficient and credible witnesses a sufficient and lawful acquittance testifying the receipt of the said sum of c. and also if the said C. D. his Executors Administrators or Assigns do deliver or cause to be delivered to the said A. B. his Executors or Administrators at or in the c. the same acquittance sealed and delivered as aforesaid and certified under the hands of the same witnesses whole uncancelled and undesaced at or before c. and also do in the mean time save and keep harmless the said A. B. his Heirs Executors and Administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels and every part thereof against the said L. O. his Executors Administrators and Assigns and every of them of and for the same sum of c. and every part thereof and of and from all Actions Suits Costs Charges Damages and Demands for or concerning the same and every or any part thereof that then c. or else c. A Condition to acknowledge satisfaction of a Judgment THe Condition c. That whereas the within-bound A. B. in M. term now last past hath obtained against the within-named L. O. in the Court commonly called c. a Judgment in an action of debt as by the Records in the said Court remaining c. if therefore the said A. B. do in Easter Term now next ensuing at the costs and charges of the said L. O. cause satisfaction to be acknowledged and entred upon Record in full discharge of the same Judgement that then c. or else c. A Condition to procure two to seal Releases for Legacies and to save harmless THe Condition c. That whereas R. B. late Citizen and Haberdasher of London and Brother to the above bound W. B. in and by his last Will and Testament did give and bequeath unto W. B. and F. B. Sons of the aforesaid W. B. their Father 40 l. a piece Legacies to be paid as in and by the said last Will and Testament of the said R. more at large appeareth And whereas also the above-named M. H. the now husband of R. the late Widow and Executrix of the said R. B. before the ensealing hereof at the earnest request and desire of the said W. B. the Father hath paid unto the said W. to and for the use and behoof of the said W. and F. his Sons the said Legacies of 40 l. a piece in lawful English Money the receipt whereof the said W. B. the Father doth hereby acknowledg and confess If therefore the said W.B. the Father or above-bound T. D. and W.F. or any of them their or any of their Executors Administrators or Assigns within twenty eight dayes next after that the said W. and F. B. Sons of the said W.B. the Father shall severally attain their several ages of 21 years shall give and deliver unto M. H. his Executors Administrators or Assigns good lawful and sufficient Releases or Acquittances under the hands and seals of the said W. and F. the Sons of the said W. of and for the said Legacies of 40 l. or else do in the mean time and also at all times afterwards acquit and discharge or else save and keep harmless and indempnified the said M. H. his Executors and Administrators from and against the said W. and F. B. the Sons of and for the said Legacies and also of and from all actions sutes troubles costs charges and damages that shall be commenced prosecuted or any way happen to or against the said M. H. his Executors Administrators or Assigns for or concerning the said Legacies by the said W. and F. or either of them or any other person for by or under them or either of them that then c. or else c A Condition that a Woman shall release her Dower THe Condition c. That if L.O. of W. Widow late Wife of T.O. of c. do before the c. by her writing under her hand and seal remit release and quit-claim unto the within-named R.O. such estate right title interest claim and demand whatsoever which she the said L.O. hath may might should or of right ought to have in or to all or any part of the Lands Tenements and Hereditaments which were the inheritance of the said T. O. her Husband deceased or any part thereof for or by reason of her Dower or of any Joynture heretofore made or by reason of any other right title or means whatsoever at any time before the date hereof come grown or accrued And also if the said within bound A. B. his executors administrators or assigns do before the c. leave and deliver or cause to be left and delivered to and for
the said R. O. at c. the said Writing or Release sealed and delivered as aforesaid being certified under the hands of two or three sufficient witnesses safe whole uncancelled and undefaced that then c. or else c. A Condition to suffer a mans Wife to make her Will. THe Condition c. That whereas the within-bound A. B. shall shortly by Gods Grace marry and take to Wife C. D. late the Wife of E. F. deceased and by reason and means of the said Marriage he the said A. B. shall be greatly preferred and advanced in substance and riches in consideration whereof if so be that the said A.B. after Marriage had and solemnized between him and the said C. D. do quietly permit and suffer the said C.D. if she fortune to decease before the said A. B. to declare and make her Will in writing or otherwise by word of mouth and in the same to give will and bequeath or otherwise to assign and dispose of at her free will and pleasure to and amongst her kindred friends and acquaintance or to any of them or to any other person or persons as to her shall be thought meet and convenient the sum of c. of c. And further If the said A. B. his Executors Administrators or Assigns or any of them upon reasonable request to him them or any of them to be made by any such person or persons to whom the said C. D. shall so give and bequeath any such sum or sums of Money extending no further than to the said sum or value of c. as is aforesaid do well and truly pay or cause to be paid all and every the said several sum and sums of Money Gifts and Requests so to be given and bequeathed by the said C. D. and in such manner as shall be by her appointed that then c. or else c. A Condition to Marry one by a day or else to pay a sum of Money THe Condition c. That if the within-bound A. B. do on or before the c. of c. lawfully espouse marry and take to Wife one E. K. the daughter of c. if she the said E. will thereunto assent and agree and the Ecclesiastical Laws permit and suffer the same But in case it shall happen the said E. K. and A. B. and either of them to die or decease before such Marriage had and soIemnized as aforesaid then if the said A. B. his Executors Administrators and Assigns do well and truly pay c. to the said E. K. her Executors or Assigns the sum of c. on c. at c. that then c. or else c. A Condition to be a true Prisoner THe Condition c. That if J. H. Merchant of St. Lucus which now is in the prison of the Kingdom of England under keeping of the Sheriff within-written as well by reason of writ of c. of the Statute of the Staple containing the sum of c. as also for other certain Actions Causes and Suits on the behalf of R. S. c. moved and commenced be from henceforth a true and faithful Prisoner tarrying and remaining with the said Sheriff and his Deputies till the same J. H. be fully discharged and acquitted of the said Actions and then content and pay to the said Sheriff c. all and singular costs charges fees and other duties in such cases heretofore accustomed to be paid that then c. or else c. A Condition to save harmless for being bound for the appearance of a man THe Condition c. That whereas the within-named O. P. at the special instance request and desire of the within-bound Sir E. G. by one Obligation bearing the date within-written standeth bound joyntly and severally with the said Sir E. G. and the within-bound A. M. unto R. H. and H. H. Sheriffs of the City of London in the sum of c. of c. with a Condition there-underwritten for the appearance of the said Sir E. G. before the Justices of the Court of Common-Pleas at Westminster on c. next c. to answer to C. G. of a Plea of Trespass as by the same Obligation and Condition thereof more at large appeareth If therefore the said Sir E. G. do according to the tenor and true meaning of the Obligation and condition above-recited appear before the said Justices of the said Court c. on the day in and by the condition of the said Obligation limited and appointed for his appearance to answer unto the said C. G. of a Plea of Trespass And also if the said Sir E. G. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit discharge or save and keep harmless the said G. P. his Heirs c. and his and their Goods and every of them against the said Sheriff of the City of London and against all other persons whatsoever of and for the said Obligation and Condition above-recited and penalty of the said Obligation contained and every part and parcel thereof and of and from all Actions Suits Judgments Executions Condemnations Damages and Demands touching or concerning the same that then c. or else c. A Condition wherein the Factor is truly bound to serve the Merchant and no other THe Condition c. That if the within-bound J. O. do from the day of the date within-written unto the end and term of four years from thence next ensuing and fully to be compleat and ended well truly and faithfully serve the within-named L. S. and his Assigns in the Trade and Traffick of Merchandizes as well in this Realm of England as in any other parts beyond the Seas and also if the said J. O. at all times hereafter and from time to time during the said term of Four years upon the reasonable request of the said L. S. his executors administrators or assigns to be made to the said I. O. do make yield and deliver unto the said L. S. and his assigns as from any other person or persons by his or their assigns notes and rest of all such Sum and Sums of Money as shall appear upon the foot of every such accompt or reckoning as shall be so yielded made and delivered by the said I. O. to the said L. S. his executors administrators or assigns in form aforesaid And further if the said I. O. at any time hereafter during the said term of Four years as the said I. O. shall be Factor Doer or Agent to the said L. S. and his assigns by any manner of wayes or means do not traffique or merchandize or the affairs or businesse of any manner of person or persons whatsoever other than the said L. S. and his assigns without the special licence consent will knowledge and agreement of the said L. S. his executors administrators or assigns thereunto first had and obtained in writing under his and their hand
according to the meaning of the said Will If therefore the said W. his L. Executors Administrators or Assigns or any of them do well and truly content and pay or cause to be paid unto the within-named H.I. T. I and R.I. or any of them their or any of their executors administrators or assigns the said sum of c. on the c. which shall be in the year of our Lord God 1631. at or in c. that then this c. A Condition that one shall not become bound for any person by Writing or Promise without consent THe Condition c. That if c. A.B. shall not at any time or times hereafter by his writing Obligatory signed or sealed with his hand make or feal or by any other writing or bale promise or contract whatsoever or otherwise solely by himself or joyntly or severally with any person or persons become or stand bound as Surety with to or for any person or persons in or for payment of any sum or sums of money to any manner of person for the debt duty or any cause whatsoever of any person or persons whatsoever above the sum of 40 l. of c. other than for his own only debt duty or â—ause without the special consent assent and licence of the within-â—â—â—â—ed C. D. first had and obtained in writing under his hand and seal that then c. A Condition to surrender Land or pay money in lieu thereof THe Condition c. That if c. A.I. and his heirs or some of them within the space of c. next ensuing the date hereof upon reasonable request to him or them made by the within-named R. H. his heirs or assigns or any of them and at his or their costs and charges in the Law do make and procure or cause to be made and procured to the use of the said R. H. and his Heirs for ever according to the custom of the Mannor of c. sufficient and lawfull surrender and assurance of and in one Messuage or Tenement customary sometimes called the c. with all barns stables or chards gardens and other the appurtenances to the same adjoyning and belonging situate c. discharged or saved harmless from all former surrenders charges and incumbrances made done or committed by him the said A.I. or his Heirs or by any other person or persons by whom such Surrender shall be so made the fine or fines for or by reason of such surrender or admission upon the same and the rents and services from henceforth to be due to the Lord or Lords of the said Mannor of whom the premisses are holden or by parcel only excepted and foreprized and if in case the said R H. or his Heirs within the space of c now next ensuing shall dislike to accept of such Surrender and shall not make any such request for the same as is aforesaid then if in lieu and recompence thereof the said A. I. his Heirs Executors Administrators or Assigns or any of them do at the end of the same year now next ensuing at the furthest within three months then next following well and truly pay or cause to be paid unto the said R H. his executors or assigns at or in c. the sum of c. of lawful c. without fraud or coven that then c. A Condition c. to keep Peace THe Condition c. That if c. B. W. at all times hereafter do well and honestly bear and behave himself as well in word as in deed towards the within-named J. R. and all his as any honest man ought to do and also if the same B. W. at all times hereafter do keep the c. in his own proper person towards the 〈◊〉 J.R. and all his And further If the said B. W. at no time hereafter do vex sue molest or trouble or cause to be sued vexed molested or troubled the said J. in his body goods or otherwise by any manner of means for any matter cause or thing whatsoever it be that then c. A Condition to pay Money according to a â—â—oviso in a Bill of Sale THe Condition c. That whereas the within-bound R.H. by his Bill of Sale bearing date the day of the date within written hath bargained sold and delivered in plain and open market according to the custom of the City of London unto the within-named T.C. three gilt bowls weighing 60 ounces c. To have and to hold with a Proviso contained in the said Bill of Sale That if the said R. H. his c. do pay c. unto the said c. that then this c. as by c. And whereas the said T.C. doth esteem and value that the said 3 gilt bowls c. nor to be worth the said Sum of c. contained in the said Bill of Sale if therefore the said R. H. his c. do pay c. unto the said T.C. his c. the said sum of c. on the day and at the place mentioned in the said Proviso and thereby redeem the premisses out of the hands and possession of the said T.C. his c. that then c. A Condition to do ones endeavour for the recovery of the Debt against the Surety THe Condition c. That whereas the above-bound J.H. hath obtained several Judgements against M. W. Esq and T. B. Gent. upon one Obligation wherein the said T. B. and M. W. stand bound unto the said J.H. in the sum of 215 l. with condition for payment of 107 l. 10 sh as by the Records remaining in the Court of Common-Pleas at Westminster may appear If therefore the said J. H. his Executors Administrators and Assigns do and shall from time to time and at every time and times hereafter do and use his and their best means and endeavours with effect by Writ or Writs of Execution or by other writs or means lawfully to recover and receive of the said M. W. his Heirs Executors oâ— Administrators or of his or their lands tenements goods chattels or hereditaments the said Sum of 215 l. and costs of sute heretofore obtained by Judgement as aforesaid without releasing the said Sum of money as aforesaid or any part thereof except it be by agreement and consent of the said H. B. his Executors Administrators and Assigns or also do and shall well and truly pay or cause to be paid unto the said H. B. his Executors Administrators oâ— Assigns the said Sum of c. and costs of sute or so much thereof as shall be received by the said J. H. his Executors Administrators or Assigns of the said M. W. his Heirs Executors or Administrators or his or their goods chattels lands or tenements upon or by reason of the said Judgement and that within two moneths next after he or they shall have received the same without fraud or coven that then c. A Condition for quiet enjoyment of a Messuage sold THe Condition c.
these presents in case the estate thereof had been perfectly assured unto them or any of them according to the true meaning of these presents In witnesse whereof as well the said V. as the Feoffees have put c. Memorandum of the Seizin executed with the Tenants of one of the said Mannors Atturnment MEmorandum That the sixteenth day of c. Livery of Seizin was delivered and given by W. W. one of the Atturneys mentioned in the Indenture hereunto annexed of in and upon the Lands of the Farm of O. parcel of the Mannor of T mentioned in the said Indenture and also of in and upon the Mannor-house and demesne-Lands of T. by the assent of J. P. Lessee for years of the same saving his term and also of in and upon the Coppice-woods called T. P. to R. B. one of the Feoffees contained in the said Indenture according to the tenour purport and intent mentioned in the said Indenture and for and in the name of the said Mannors of T. and all other the Lands Tenements and Hereditaments mentioned in the said Indenture scituate and being within the said C. and in the name and behalf of all the Feoffees mentioned in the said Indenture And the Tenants of the said Mannor whose names are immediately under-written at the same execution hearing the Indenture read did atturn and fully assent to the same according to the tenour purport intent and uses in the same Indenture mentioned An Indenture for the equal division of Goods where there are four Administrators together they bearing and allowing me with another equal parts of Charges in Law in getting in the same and like parts of all recovered against them THis Indenture Quadripartite made between J. C. of c. on the first part W. C. of c. of the second part c. Whereas the said J. C. and A. his Wife W. C. and A. his wife H. H. and H. his wife and N. C. and E. his wife in the right of the same their wives together with J. H. brother of their said wives have had and taken upon them the Administration of the Goods and Chattels of C. W. widow deceased late the wife of J. W. late of L. Dyer deceased And whereas also so much of the goods chartels and debts which were of the said C. as are already come to his hands are divided into five several parts whereof every of the said J. C. W. C. H. H. and N. C. in the right of their said wives and also the said J. H. have severally had and taken their several parts of the same and now are thereof severally possessed Now this Indenture witnesseth That it is covenanted granted and agreed between the said Parties and the said J. W. H. and N. for themselves and their said wives and for their Executors and Administrators and for the Executors and Administrators of every of them do severally covenant grant and agree every of them with the other by these Indentures in manner and form following viz. That all the residue of the goods chattels and debts which were of the said C. in possession or in right which at any time or times hereafter shall come to the hands of any of the said Parties or of the Executors or Administrators of any of them shall be divided and parted into 5. equal parts as aforesaid from time to time as the same shall happen to come to the hand of any of them whereof the said J. H. to have one part of the said five parts and that then the other four parts thereof shall from time to time be equally divided betwixt the said J. W. H. and N. and their several Executors and Administrators without benefit of Survivorship by any means to grow to such of the said Parties or their wives as shall fortune to survive And it is further covenanted betwixt the said Parties in form aforesaid severally That if any Action or Sute be now depending or hereafter shall be commenced against the said Administrators of the said C. W. or any of them for any thing wherewith they shall be chargeable in the Law by reason of the said administration by them taken as aforesaid That then in every such case the said J. W. H. and N. their Executors and Administrators and every of them severally for his own part upon notice and request made and given by any one of them to the other or by any of their Executors or Administrators shall bear and pay one equal fourth part of all charges and expences to be laid out in the defence of any such Sute and one like fourth part in execution and to the satisfaction of any Judgment and Recovery which shall happen to be given or had against them or any of them in any such Sure or Action as aforesaid And that they the said J. W. H. and N. their said Wives their Executors or Administrators and the Executors or Administrators of every of them severally for their own part upon like reasonable request shall and will do knowledge and suffer in the Law towards the other of them all and every thing and things which from time to time shall be requisite or needful to accomplish and perform their Accord Covenant and Agreements made amongst them by these presents according to the purport and true meaning of the same And moreover That they the said Parties their Executors and Administrators and every of them upon like request as aforesaid shall notifie expresse and truly declare from time to time to the other all such goods chattels and debts whatsoever which were of the said C. and which they shall know and understand to be in any place or custody and not parted distributed severed and divided according to the tenor and effect of these presents to the intent every of them may have his or their equal parts thereof according to the tenour of these presents without fraud or coven And that for recovery of any debts goods and chattels which were of the said O. to be had and recovered to and for the use of the said Parties their Executors and Administrators and of the said J. H. and in manner and form aforesaid They and every of them shall for their equal four parts bear and sustain one equal fourth part of all costs and charges in and about all and every the said Recovery and Recoveries to be born and sustained from time to time as shall be needful and reasonable And it is further covenanted granted and agreed betwixt the said Parties the said Parties and every of them do also for them their Executors and Administrators severally covenant and grant to and with the other by these presents That if it fortune the said J. H. do dye intestate by reason whereof any of the goods chattels money plate or jewels of the said J. shall grow or come by reason of Law unto the said Parties or their wives or any of them that then the Survivor or Survivors of the said Parties or their said
and upon the said several Writs of Entry Sur disseisin en le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and Premisses before mentioned and of every part and parcel thereof with the Appurtenances And that full Execution and Seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the execution of the said Recoveries stand and be seized and be adjudged deemed and esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their Appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such Issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth further Covenant promise and grant to and with the Right Honourable E. Lord G. and I.S. their Heirs and Assigns and to and with every of them by these presents in manner and Form following that is to say That he the said C. Lord. S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and Premisses and of every part and parcel thereof with the Appurtenances of a good sure perfect lawful and indefeasible Estate in Fee-simple or in Fee-tail to himself and the heirs of his body without any Reversion or Remainder of the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat determine or make void the same And that he the said Lord S. hath full power good right and lawful and absolute authority in his own proper right by these presents to raise limit and appoint all and every the foresaid several Uses and Estates before mentioned and that all and singular the Premisses and every part and parcel thereof with their and every of their Rights Members and Appurtenances now are and be and so from time to time and at all times for ever hereafter shall and may continue stand remain and be to all and every the several uses intents and purposes before in and by these presents limited expressed appointed and declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended and kept harmlesse of and from all and all manner of former and other Gifts Grants Bargains Sales Leases Estates Joyntures Dowers and Titles of Dowers and of and from all Rents and Arrerages of Rent-Annuities and Arrerages of Annuities Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Fines Forfeitures Issues Amerciaments Intentions Principal Seizins Liveries Wills Entails Limitations of use or uses and of and from all other Titles Troubles Arrerages Charges Claims Demands and Incumbrances And the said C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth likewise further Covenant promise and grant to and with the said E. Lord G. c. their Heirs and Assigns and to and with every of them by these presents That he the said Lord S. and his Heirs shall and will from time to time and at all times hereafter within the space of seven years next ensuing the date of these presents at and upon every reasonable request and at the only proper costs and charges in the Law of the said Lord S. and his heirs further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered all and every such further and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assuring surety and sure-making setling and conveying of the said Mannors c. premisses and of every part and parcel thereof with the appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof in and by these presents limited expressed appointed and declared be it by Fine or Fines Recovery or Recoveries with single double or more Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrollment of these presents or by any other wayes or means whatsoever as by the said E. Lord G. and I. S. their Heirs and Assigns or by any of them or by their or either or any of their Council learned in the Law shall be reasonably advised devised or required And finally The said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God to be had and solemnized between him the said C. Lord S. and the said D.L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself his heirs 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 and to and with every of them by these presents That he the said C. Lord S. and his Heirs and all and every other person or persons that now be or which hereafter shall stand or be seized of any Estate of Inheritance of the said Mannors Lands Tenements and Premisses or any part thereof shall and will stand and be
of the said J.S. his Son T. and S. his Daughters If therefore the said W. S. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said J. S. his Executors and Administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said J.S. T. and S. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment delivery and disbursement of the said Sums of five shillings a piece Pewter-platter Pewter-dish and three Saucers unto the said W.S. their Father as aforesaid And of and from all such actions sutes costs charges damages expences and demands whatsoever which he the said J. S. his Executors Administrators or Assigns shall hereafter happen to incur sustain or be put unto for or by reason of the payment delivery and disbursement of the said Sums of five shillings a piece Pewter-Platter Pewter-Dish and three Saucers for the use of the said J.S. T. and S. unto the said W. S. their Father as aforesaid That then this Obligation shall be void or else it shall stand in full force and vertue A Counter Condition to save harmless from a Bond Well penn'd THe Condition of this Obligation is such That whereas the within named R. C. at the special instance and request and for the only debt of the within-bound J. S. by one Obligation of the date hereof is and standeth joyntly and severally bounden with the said J. S. unto J. T. of London Merchant in the sum or penalty of c. of lawful money of England with conditions thereupon indorsed for the payment of c. of like lawful money of England on the last day of February now next ensuing the day of the date within written as by the same Obligation and Condition may appear If therefore the said J. S. his Executors Administrators or Assigns or any of them do and shall well and truly pay or cause to be paid to the said J.T. his Executors Administrators or Assigns or some of them on the said last day of February above mentioned at the now dwelling house of H. C. London Gent. fituate in c. in London the aforesaid sum of c. and do thereby clearly exonerate acquit and discharge the said R. C. his Executors and Administrators as well from all actions sutes costs charges judgments executions and demands whatsoever concerning the same That then this present Obligation to be void and of none effect or else to remain and abide in full force and vertue A Letter of Attorney to take possession according to the Contents of a Lease TO all People to whom this present Writing shall come H.T. Citizen and Girdler of London sendeth greeting in our Lord God everlasting Whereas I the said H. T. have signed and sealed one Writing indented bearing even date with these presents purporting a Lease to be made by me unto one c. of all that Messuage with the appurtenances near the Hospital in c. In the County of c. late in the tenure or occupation of R. F. deceased and other Lands and Hereditaments in the said Indenture mentioned To hold from the first day of this instant February unto the full end and term of five years from thence next ensuing as by the said writing indented more plainly appeareth which Writing is not yet delivered by Deed. Now know ye That I the said H. T. have made constituted appointed and in my place and stead put and by these presents do make constitute appoint and in my place and stead put c. my true and lawful Atturney for me and in my name place and stead to enter into and upon the said Messuage Lands and Hereditaments in and by the said Writing indented mentioned to be demised or any part thereof And after such entry made for me and in my name place and stead there upon the premisses to deliver unto the said c. or to his lawfull Attorney in that behalf the said writing indented so by me signed and sealed as aforesaid as the very act and deed of me the said H. T. And further to do whatsoever may be necessary in that behalf and whatsoever my said Attorney shall do or cause to be done in the Premisses I the said H. T. do and shall ratifie confirm and maintain as if I had done the same in my own person In witness whereof I the said H. T. have hereunto set my hand and seal the c. day of February in the year of our Lord c. A short Lease of a Messuage and Lands to be void on paying of one shilling it being the precedent Deed. THis Indenture made the c. day of February in the year of our Lord God c. between H. T. Citizen and Girdler of London of the one part and R. I. of S. in the County of W. Yeoman c. of the other party witnesseth That the said H. T. for divers good causes and Considerations him moving hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said c. all that Messuage with the appurtenances near the c. in c. in the County of G. late in the tenure or occupation of R. F. deceased and all the Barns Out houses Orchard and Garden thereunto belonging And all that Close of Meadow or Pasture-ground thereunto adjoyning containing by estimation five Acres be it more or less and one little ground called or known by the name of Redcraf adjoyning to certain Grounds there called Flankers Closes And one other Close of Arable Land called the Wood furlong adjoyning to the Lane there leading towards S. on the West And all those arable Lands to the said Messuage belonging or reputed or taken to belong thereunto or which were therewith used occupied or enjoyed by the said R. F. deceased lying and being in the Fields of c. aforesaid That is to say five and forty acres by estimation be the same more or less lying in the North-field 22 acres by estimation be the same more or less lying in the South of c. aforesaid To have and to hold the said Messuage or Tenement Land Premisses with the appurtenances unto the said c. his Executors Administrators and Assigns from the first of this instant February unto the full end and term of five years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term one Pepper-corn at the Feast of St. Michael the Arch-angel if it shall be demanded Provided alwayes that if the said H. T. his Executors Administrators or Assigns shall at any time hereafter pay or tender unto the said c. his Executors or Administrators or to any other
person or persons to his or their or any of their use or uses the sum of twelve pence in money for the making void of this present Indenture and the Demise and Lease herein contained that then and from thenceforth this present Indenture and Demise and Lease herein contained shall cease and be void any thing herein contained to the contrary notwithstanding In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written An Award made between four Executors TO all Christian people to whom this present writing quadripartite indented of Award shall come S. W. Ceazer Knight Master of the Rools sendeth greeting in our Lord God everlasting This Indenture quadripartite also made the second day of A. in the fifth year of c. between Sir W. S. c. one of the Executors of the last Will and Testament of R. C. c. of the first party S. T. Offley c. one other of the c. of the last Will and Testament aforesaid of the second Part Sir T. L. c. one other of the Executors of the said last Will and Testament of the third part and Sir H. C. c. one other Executor of the same last Will and Testament of the said R. of the fourth part Witnesseth That whereas the said R. by his said Testament and last Will bearing date c. amongst divers and many gifts and legacies therein limited bequeathed and appointed to sundry persons therein named as by the same it may appear hath given and bequeathed all the residue of all and singular his goods chattels leases and other things whatsoever his debts funerals and legacies being paid and performed unto the said W.S. T.O. and T.L. whom together with the said H. C. his brother he made and ordained his said Executors of his last Will and Testament aforesaid and of the same he hath also made and ordained the said W. C. his Supervisor and Overseer as by the same his last Will also at large it doth and may appear And whereas for the avoiding of all doubts variances controversies sutes and strifes that may and might ensue and grow between the foresaid parties touching the said last Will and Testament and the true execution of the same And for and concerning the said residue surplusage and remainder of the goods chattels and other things after the said Debts Funerals and Legacies discharged every of the said parties have compromitted and faithfully promised and further do severally covenant and grant to and with others by these presents to stand to obey abide perform and fulfill the Award and Judgment of the said W.C. Knight Arbitrator between them indifferently named and chosen of and upon the premisses Whereupon the same W. C. taking upon him the charge and business of the said Award and willing and minding as much as in him is the true execution of the said Testament and that a final peace unity and concord shall be had and continued for ever between the said parties for and concerning the premisses hath and doth by these presents by and with the full assent and consent of all and every the aforesaid parties make publish and declare this his present award arbitrement and judgement between the same parties touching the premisses in manner and form as followeth that is to say First The said Sir W. C. by these presents doth award judge and deem and every of the parties before named covenanteth and granteth severally for himself his Heirs Executors and Administrators to and with the other of them his and their Executors and Administrators and every of them by these presents in manner and form following That is to say That the same Executors That any of the Executors shall not conceal any of the Testators goods from the other Executors or any of them shall not at any time or times hereafter willingly or wittingly conceal withdraw or keep close or cause to be concealed withdrawn or kept close from the said other Executors or any of them or the Survivors or Survivor of them and such Goods Chattels Leases Debts Credits or other things whatsoever as hath come or shall happen to come to his or their or any of their hands custody possession or knowledg that were or did or ought to appertain or belong to the said R.C. the Testator or his Executors to the intent the same or any part thereof should not be recovered used ordered enjoyed or disposed by the same Executors to their and every of their own proper use most benefit commodity and advantage by equal portions in manner and form aforesaid And it is further ordered and judged by the said Sir W. C. and also fully condescended and agreed between the said parties and every of them severally doth covenant and grant for him To execute the Testators Will and Trust reposed in them his Heirs Executors and Administrators to and with the others by these presents That all the same Executors and every of them shall from henceforth both in name and deed take upon him the full and due execution of the foresaid last Will and Testament so far as only to the duty trust and office of Executors appertaineth or ought to appertain And furthermore it is ordered judged and awarded by the said Arbitrator and also covenanted granted and fully agreed between the said parties and the said Parties That the Executors shall bear all Costs and Charges of Sutes in executing the Testators Will equally and every of them do severally covenant and grant to and with other of them by these presents That if at any time or times hereafter it shall be found and approved that the foresaid Testator is and ought be charged either by Law or Conscience with any other debt or debts sum or sums of money or other duties or things whatsoever then at this present is well known and doth appear unto the said Executors or if they or any of them or the Executors of the Survivor of them shall at any time or times hereafter happen to be charged with any manner of Sute or Sutes or other charge or charges whatsoever for or by reason of the said last Will and Testament or the due execution thereof either in Law or otherwise That then all and every the said Executors and the Survivor and Survivors of them and the Executors and Administrators of such of them which then shall be dead and that their equal and indifferent costs bear support pay and allow the same charges and every of them any thing herein contained to the contrary in any wise notwithstanding Another Form of an Award TO all Christian People c. I. S. Serjeant at Law send greeting c. Whereas divers variances sutes controversies debates and demands have been heretofore had moved stirred and depending between A. B. c. and C. D. c. of for and concerning reciting the matter in controversie For the appeasing and pacifying of all which
sutes debates variances controversies and demands either of the said parties by their mutual assent and consent have submitted themselves and stand bounden each to other by their several Obligations bearing date c. in the Sum of c. a piece with several conditions endorsed upon either of the same several Obligations to stand to obey observe perform fulfill and keep the Award Arbitrament Ordinance and Judgment of me the said J. S. Arbitrator indifferently elected named and chosen between the said parties as well of for and upon all and all manner of actions as well real as personal sutes quarrels debts debates trespasses and demands whatsoever had moved stirred or depending in controversie between the said parties in any wise before the date of the said Obligations So that the same award arbitrament ordinance and judgment of the said Arbitrator of and upon the premisses were made declared and yielded up in writing on this side the tenth day of c. as by the same several obligations and endorsements thereupon made more at large appeareth Whereupon I the said J.S. Arbitrator aforesaid taking upon me the charge of the said award and willing to set the said parties at a final end peace unity and concord of for and concerning the premisses have called both the said parties before me and by good advice and deliberation have seen heard examined and perfectly understood and perceived their both rights titles estates interests demands evidences and proofs in and to the premisses and weighing and pondering the effects and grounds of all the said matters and controversie do now make publish give up and declare this my present Award indented between the said parties by and with their both mutual consents and agreement of for and concerning the premisses in manner and form following that is to say First I the said Arbitrator do by these presents award order judge and deem and the said A. B. for his part doth covenant and grant for him his Executors and Administrators to and with the said C. D. his Executors and Administrators by these presents That c. as in other Awards reciting the matter in variance A Lease of a Ferry THis Indenture made c. between c. witnesseth That the said T. L. for and in consideration of c. hath demised granted and to farm-letten and by these presents doth c. unto the said J. H. his Executors and Assigns the moiety of the Passage Ferry Standage and Battalage of P. in the C. of c. together with all Easements and Commodities thereunto belonging in as large and ample manner and form as T. H. or his Assigns hath heretofore had or enjoyed the same or might or ought to have had and enjoyed the same To have and to hold the said moiety of the said Passage and Ferry and all other the Premisses by these presents mentioned to be demised and every parcel thereof with the appurtenances unto him the said J. H. his Executors Administrators and Assigns from the Feast of c. unto the end and term of c. Yielding and paying c. with a Clause to make the Lease void for non-payment of the Rent And the said J. H. doth covenant c. That he the said J. H. his Executors Administrators and Assigns at his and their own proper costs and charges shall from time to time during the said term maintain and keep such Boat or Boats and all other things meet and convenient for the moiety of the aforesaid Passage and other the premisses as hath been heretofore commonly accustomed and thereof shall from time to time during the said term acquit discharge or sufficiently save harmless the said J. L. his Heirs Executors Administrators and Assigns And that he the said J. H. his Executors or Assigns shall from time to time during the said term carry over or cause to be carried over the Ferry-place aforesaid from P. to F. the said J. L. and his wife and their heirs servants children horses and stuffe when and so often as the said J. L. his wife and their heirs children or any other of his family shall require to have themselves their servants horses or stuffe to be carried over the said Ferry from P. to E. aforesaid without demanding taking or asking any thing therefore of the said J. L. his heirs children or family And the said J. L. doth covenant c. That he the said J. L. his Heirs Executors Administrators or Assigns shall at all times hereafter and from time to time during the said term acquit and discharge Discharged of quit-Rent or sufficiently save and keep harmlesse as well the said moiety of the said Passage or Ferry and all and singular the afore letten premisses and every part thereof as also the said J. H. his Executors Administrators and Assigns of for and from all and all manner of quit-Rents whatsoever which in respect of the said demised premisses during the said term shall grow due and payable to the Kings Majesty his Heirs Successors or Assigns or to any other person or persons whatsoever excepting the said yearly Rent of 3 l. before by these presents assigned and that he the said I. L. and his heirs the said moiety of the said Passage and Ferry and all other the afore letten premisses with the appurtenances unto the said I. H. his Executors Administrators and Assigns for the Rent above recited to be paid in manner and form abovesaid shall warrant and defend during all the said term of Twenty one years In witnesse c. A Release of Land in Exchange THis Indenture made c. between T. C. of c. and W. L of c. and A. now wife of the said W. L. and late wife of R. B. late of c. of the other party That whereas on or about the Seventeenth day of c. now last past there was certain Agreements had and made between the parties to this present Indenture for and concerning the exchange of divers parts and parcels of their Lands Layes Meadows Pastures and Hereditaments with their appurtenances lying and being in S. and W. and in either or one of them in the said County of Y. as hereafter is expressed That is to say First that whereas the said W. L. had and was seized in the right of the said A. his wife for and during the term of the natural life of the same A. of divers Arable Lands Layes Meadows Pastures Haddes Flats and Hereditaments lying and being dispersed in the Town and Fields of S. and W. aforesaid or in one of them commonly accompted to be and contain two hundred acres be they more or lesse now or late in the tenure or occupation of the said W. L. or of his assigns it was agreed between the said parties by the agreements aforesaid That the said T. C. his Executors Administrators and Assigns shall have and enjoy for and during the term of Sixty years if the said W. L. and A. now wife of the
to the Summe of c. and given him day of payment for the same c. untill the Feast of c. if in case the said A. B. his Executors Administrators or Assigns do not before or at the said Feast of c. pay or cause to be paid unto the said A. B. his Executors c. the said Sum of c. but shall make default of payment thereof or of any part thereof Then if the within bounden E.F. and G.H. or either of them or the Executors Administrators or Assigns of them or of either of them do well and truly content and pay or cause to be paid to the said A.B. his Executors c. the said Sum of c. or so much thereof as at the said Feast of c. shall happen to be behind and unpaid That then c. To deliver Writings to be cancelled at a day certain and place THe Condition of this c. That if the within bounden A. B. his Executors Administrators or Assigns do before the second day of c. next coming after the date within written deliver or cause to be delivered to the within named C. D. his Executors Administrators or Assigns at or within c. all such Indentures Leases Counter-parts of Indentures and Writings as he the said A. B. or any other by his delivery hath or have touching the Mannors of c. which were made and written before the Eleventh day of c. last past without Fraud or Collusion That then c. To save one harmless for delivery of an Indenture THe Condition c. That whereas the within named A.B. hath the day of the date within written delivered unto the within-bound C. D. one Deed indented bearing date c. made from E.F. to G.H. of c. of certain Lands in c. If therefore the said C.D. his Heirs c. do at all times hereafter and from time to time discharge save and keep harmless the said A. B. his Heirs c. against G. S. of c. and all and every other person and persons whatsoever of for or concerning the delivery of the said Deed and of for and concerning all manner of matters and indemnities which may by any means accrew and be unto or against the said A. B. c. for or by reason of the same That then c. A Letter of Atturney irrecoverable to receive a debt on a Bond with Covenant not to release c. TO all Christian People to whom these presents shall come E. A. of c. in the County of c. Shooe-maker sendeth greeting in our Lord God everlasting Whereas J.D. of c. in the County of c. Widow and N.D. Son of the said J. of c in the said County Shooe-maker by their Bill Obligatory bearing date the c. day of c. do stand bounden to me the said E. in the Sum of c. for the payment of the Summe of c. upon the c. day of c. next ensuing the date of the said Bill Obligatory at or in the then dwelling house of the said E. A. scituate in c. aforesaid which said Bill Obligatory is become forfeited Know ye therefore That I the said E. do by these presents authorize constitute and appoint my well-beloved Friend J.E. of c. aforesaid Butcher my lawful Atturney irrevocable for me and in my name to sue arrest attach prosecute condemn imprison the said J.D. and N.D. or either of them and her his or their bodies goods and chattels in execution to take and out of execution to deliver either upon satisfaction by composition or otherwise at the will and pleasure of my said Atturney acquittances or any other discharges to seal and deliver Atturney or Atturneys to make Councellor or Councellors to retain and the same again to revoke and generally and particularly all and every other matter and thing requisite necessary or behoofefull to execute prosecute do and perform or cause to be so done and performed as fully and largely as I my self might or could do being personally present without any accompt thereof to be yielded unto me my Executors or Assigns and whatsoever my said Attorney shall do or cause to be done in about or concerning the premisses I do by these presents ratifie confirm and allow the same and also do covenant with and by my self to my said Atturney not to revoke disallow discontinue deny or be nonsuited in or otherwise to do any thing that may be hurtful prejudicial or any bar or let therein or thereunto by any means whatsoever In witness whereof I the said E. A. have hereunto set my hand and seal the c. day of c. Sealed and delivered in the presence of A Letter of Atturney from two Executors of a Bond sued to a Judgement to a Creditor of the Testator ALL men shall know by these presents That we T. D. Gent. and R. M. Gent. Executors of the last Will and Testament of T. H. late of c. in the County of c. Esq deceased have made constituted ordained and in our place and steads have put and by these presents do make constitute ordain and in our places and steads do put our trusty and well-beloved in Christ M. F. Widow late the Wife of T. F. late of c. Gent. deceased our true and lawful Atturney for us and in our names and steads but to her own use to ask demand receive and take of Sir H. J. late of c. in the County of c. the debt due and payable unto the said T.H. in his life-time by vertue force or reason of one Obligation or Writing Obligatory bearing date the c. day of c. of the penal Summe of Two hundred pounds conditioned for the payment of One hundred seven pounds ten shillings upon the Feast of c. then next following as in and by the said Obligation and Condition thereof may appear And whereas the said T.H. obtained a Judgment against the said Sir H. for two hundred pounds debt upon the said Bond besides damages or costs of Suit Know ye further That we the said T. D. and R. M. have authorized and given power and by these presents do authorize and give power unto the said M. for and in our names but to her own use to take execution or any other Process upon or by reason of the said Judgment against the said Sir H. his Heirs Executors or Administrators or any of them or against his their or any of their Lands Tenements Goods Cartels and Chattels or any of them and with him them or any of them to compound or agree at her will and pleasure for the same and the benefit and profit thereof to her own use to receive and take and him the said Sir H. to sue arrest implead and imprison and out of prison to set at large discharge and release at her will and pleasure and all and every other thing and things which
it stands in force or be reversed by attaint or Writ of Error is final and makes an end of the Suit And here observe 1. That all Judgments are either by Award by Confession by Default or by Tryal Cro. 2.468 2. That a Judgment cannot be depheasanced before it be obtained Cro 1.837 3. That Judgments are much favoured in Law for Judicia in Curia Regis reddita pro veritate accipiuntur et Judicia sunt cantum Juris dicta Judicia in Curia Regis reddita non adnihilentur sed stent in suo robore quousque per errorem aut attinctam adnullentur for Interest reipublicae res judicatas non rescindi et nihil est tam conveniens naturali aequitati quam unum quodque dissolvi eo ligamine quo ligatum est Co. Inst 2. part 360. 4. That if the Plaintiff upon a Judgment dye his Executors or Administrators may not proceed to take advantage thereof or have Execution thereupon till they have first sued out a Scire facias Co. Inst 2. part 288 394. The Method of proceeding in a Judgment is as followeth viz. The Judgment being past the Plaintiff may choose his Execution and to pursue it But he is first to take care that this Judgment be entred in due and legal form which you may see in the Book of Entries Then he must be careful in the choyce of his Execution As for Example If he make choyce of an Elegit it is to be directed to the Sheriff in the form by Law prescribed for which see F.N.B. and the Old N. B. Then the Sheriff having received the Writ must summon a Jury and this Jury is to inquire and return what Fee-simple Fee-tail or for life Lands Goods or Chattels the Defendant had at the time of the Judgment or at any time after And this must be very carefully done the finding must have certainty in it by the quality of the Land as the Mannor of H. a Messuage and 20 Acres of Land Meadow and Pasture in D. in the occupation of J. S. of the value of c. 5. pound Rent c. Then the Sheriff is either at the same time or some time afterward to deliver the one moyety thereof and this last he alone doth without the Jury And herein care must be had that they do it by meets and bounds and that he do certainly describe that which he doth so deliver and that he deliver what is divideable and therefore that he do not divide a Mannor and deliver the moyety thereof for by this means he may destroy the Mannor And if the Sheriff shall deliver too much the Court at the return of the Writ may quash it and order a new Inquiry When the Plaintiff is satisfied by incursion of time the Defendant may re-enter upon his Land without more ado but if he hath received satisfaction by some accidental improvement of the Land there he is to call the party into Court out of which the Writ issued and there to do it by Scire facias Co. 5.38 39. But all Executions are to be taken out within a year after the Judgment else no Execution can be made out without first suing forth a Scire facias Westm 2.45 13 Edw. 1. The Execution upon a Judgment shall relate to the day of the Writs date and the award of the Writ of Execution shall bind all the Goods of him against whom Judgment is which he had at the day of the Execution awarded The Entry of a Judgement may be stayed and arrested if the Court shall see cause That a Judgment may be for a part of the thing only in demand or for the whole That a Judgment may be erroneous and avoidable by a Writ of Error for many causes Cro. 2.303 That after Judgment no Issue shall be taken Cro. 2.126 That when a Judgment is reversed for Error the Party is restored to his first remedy Co. 8.141 The Forms and Presidents of these things vary according as the case requires and being only practicable by Attorneys who are or ought to be well versed therein we will trouble the Reader with them but in the next place shew the several Statutes that speak of the same Stat. Westm 2.18 13 E. 1 That he that recovereth debt or damage in the Kings Court may at his choyce have a Fieri facias of the Lands and Chattels of the Debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough-Beasts and the moyety of his Land by a reasonable extent till the debt be levied And if he be Ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be And this last Writ is called an Elegit which is given upon a Statute also Stat. 32 H. 8. cap. 5. That for all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things inrolled the Execution shall be within the year but after the year a Scire facias whereupon if satisfaction be not made or good cause shewed the Sheriff shall be commanded to Execution That if Lands delivered in Execution upon just cause be recovered without Fraud from the Tenant in Execution before he shall have levied and received his whole debt and damages he may have a Scire facias out of the Court from whence he had the Execution returnable in the same Court at a day Forty dayes at the least after the date of such Scire facias at which day if the Defendant being lawfully warned make default or do appear and do not plead a sufficient cause other than the former acceptance of the Lands to avoid the said Suit for the residue of the said debt and damages the said Court shall issue forth a new Writ of Execution for the levying thereof Stat. 1 Jac. cap. 13. If any taken in Execution be delivered by Priviledg of Parliament as soon as the Priviledg ceases the Plaintiff his Executors or Administrators may sue out a new Execution against him and the Sheriff or other Officer shall not be chargeable for the first Arrest Stat. 3 Jac. cap. 8. That no Execution is to be stayed upon any Writ of Error or Supersedeas upon it for reversing of a Judgment for debt or upon a Contract till the Plaintiff be bound in Recognizance with two Sureties in that Court in double the Summe of the Judgment to prosecute it with effect and pay the debt costs and damages if the Judgment be affirmed Stat. 21 Jac. cap. 24. That the party at whose Suit any one is in Execution for debt or damages recovered their Executors or Administrators may after the death of the person so charged and dying in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person so deceased in like manner as if the person so deceased had never been taken in Execution Howbeit this Act shall
of London It is sealed with three Seals viz. the Seals of the Conusors the King and one of the Justices or else the Mayor and Recorder The Form of it is thus Noveritis c. me A.B. teneri C.D. in mille libris solvend eidem ad Festum sancti c. Et si defecero in solutione debitiÌ„ praedicti Volo Concedo quod tunc currat super me Haeredes et Executores meos meos Poena in Statuto Stapulae debit pro Mercandisis in eadem emptis recuperand ordinat et provis Dat. c. Or thus Noverint Universi per praesentes nos A.B. C.D. teneri et firmiter Obligari J.S. in mille libris sterlingor ' solvend eid J.S. aut suo certo Attornato hoc script ostend ' Haeredibus vel Executoribus suis in festo c. proxime futur post dat praesentium et si defecerimus in solutione debiti praedicti Volumus et concedimus quod tunc super nos et quemlibet nostrum Haeredes et Executores nostros poena in Statuto stapulae de debit ' pro Mercandisis in eâ—d emptis recuperand ordinat et provis Dat. c. Anno Regni c. Vide Stat. 23 H. 8.6 Cro. 1.326 Co. 2. Inst 678. There are divers other Recognizances taken and acknowledged before the Lord Chancellor Master of the Rolls and others as the Justices of the one and the other Bench Barons of the Exchequer Judges of the Circuits Justices of the Peace and Sheriffs some whereof are by the Common-Law and some by certain Statutes And amongst these some are without Seal and recorded onely and some are sealed and recorded also Some of them are in the nature of Bayl and some of them are given to the King and both these are of the nature of the former kind of Recognisances which we will not meddle with but onely those made to subjects and for the payment of money or the doing of some other thing by one subject to another wherein he that doth enter into the Statute or Recognisance is called the Conusor or Debtor and he to whom it is made is termed the Conusee For the better understanding of matters relating to those things we are to observe That the forementioned Statutes are much of the nature of a Judgment had upon a Suit in the Kings-Bench or Common-Pleas and therefore are called Pocket-Judgements 2. That if the Writing be not as good as a Statute it will not be good to any purpose for if void as a Statute it will be void as an Obligation Cro. 3.319.494 3. That a Statute first acknowledged shall be preferred before a Judgment after had So that if a man acknowledg a Statute and after confess a Judgment and the Land be extended on the Judgement the Conusee shall have a Scire facias to avoid the Extent upon the Judgment And yet a Judgment had in a Court of Record shall be preferred in case of an Executor before a Statute and the Executor is to satisfie the Judgment before the Statute And it is held per totam Curiam That be the Judgment first or last it must be first satisfied Co. 6.45 in Higgons Case Plowd 32. Pemberton and Bartons Case Co. 4. in Sadlers Case Dyer 80. 4. If one owe me a Debt upon a Statute and dye his Executor or Administrator must see me paid this debt before â—e pay any debt to a Subject upon a Bond or for Rent or upon a single or simple contract it must be paid next after Debts upon Judgement 5. All Statutes Merchant and of the Staple are to be brought to the Clerk of the Recognizances within four moneths and to be enrolled within six moneths otherwise they will be void as to purchasors 27 Eliz. cap. 4. 6. That a Statute or Recognisance if it be obtained upon an Usurious contract or of purpose to deceive men in the purchase of their Lands or for the obtaining of their just debts they will be void or voidable by this Cro. 2.67 425. 7. That if two do acknowledge a Recognisance or Statute of 1000 l. quilibet eorum in solido this will be joynt and several and the Conusee may have several Scire Facias's upon it And it is said that a special Recognisance may by express words bind the Lands of the Conusor in one County only Co. 2. part Inst 395. 8. If a Statute Staple be not sealed with the Seal of the party that doth acknowledg it yet it seems to be good enough for the Statute doth not require it But a Recognisance within the Stat. of 23 H. 8. cannot be good except the Seal of the party be to it for so are the words of the Statute by three Justices of the Common-Pleas Trin. 22 Jac. 9. If a Statute be made to two and one of them come with it he shall have Execution in both their names And it is the common course that any stranger that comes with a Statute may have Execution of it in the dame of the Recognisee And if after the death of the Recognisee a stranger come in his own name and shew the Statute he shall have Execution of it though as we said the Conusee himself come not in person 10. If the Conusor of a Statute Merchant or Staple c. be taken and he dye in Execution yet the Conusee shall have Execution of his Lands and Goods Or if the Conusor in Execution escape his Goods and Lands shall be taken and executed upon the Statute For the action given to the Conusee against the Sheriff for the Escape is not a satisfaction Co. 5.86 87. Fitz. 246. 11. A Writ of Extent was awarded in the time of Queen Mary returnable Quindena Martini the Writ executed by Inquisition in the life of the Queen but before the return the Queen dyed and yet it was returned and a Liberate granted in the time of the next Queen In this case it was doubted by the Court That the Extent was not well returned Dyer 205. 12. In a Scire facias upon a Recognisance Joynt-Tenancy is a good plea to abate the Writ and if it be upon a Judgment to have Execution it is a good barr that the Plaintiff hath assigned his damages to the King although the King have not levied So also it is a good barr to say that the Sheriff hath levied the money by Fieri facias albeit he hath not returned the Writ Moores Rep. 671 693. 13. If an Extent be sued by an Executrix upon a Statute made to her Testator and she dye before the Inquisition taken this Inquisition may as it seems be taken after her death and an Administrator de bonis non administratis of the Testator upon this Extent sued by the Executrix may have a Liberate and shall not need to begin again and have a new Certificate and a new Extent and Liberate Cro. 1.326 But this shall suffice as to those Particulars I will now shew you what is liable to
Original Deed. 14 H. 8.10 Broo. Estrange al fait 10. And yeâ— if a Statute be made to the Husband and Wife and the Husband alone joyn in making the Defeasance This shall be a good Defeasance Broo. Defeasance 3. 4. That it be made of a thing defeasible and so is a Judgment Statute or Recognisance and so it may be agreed to be upon payment of a less summe than that mentioned in the Statute or â—udgement or by the not disturbance of the execution of the Will of S or by the making of a good Estate in Land or the quiet enjoyment of Land bought or the like Fitz. bar 71.20 H. 7.24 21 H. 7.32 5. And it is best done before the execution of the Statute c. yet if the Defeasance of a Statute come after the Execution and be thus That if the Conusor pay so much money then the Statute shall be void It is best to adde these words in the Defeasance That then tho said Statute and the execution thereof shall be void Broo. Defeasance 7. And thus it seems a Defeasance may be after a Defeasance or one Defeasance after another and regularly in that case the last will stand Pasch 8 Jac. C. B. agreed Of an Audita Querela Audita Querela is a Writ lying where one is bound in a Statute Merchant Staple or Recognisance or where a Judgement is given only for debt or damages and the party in Execution for any debt or duty in any such case and he hath a release or some other sufficient discharge of all or part of the duty or some other matter to say in avoidance of the Statute or Judgment but hath no day in Court to plead it nor means to make use of it In this case he may have this Writ which is in the nature of a Commission to examine the equity of the case and give relief to the party in danger by the extremity like to befall him from the rigour of the Law in it Co. upon Lit. 290. Cro. 2.646 The proceedings herein are most properly in Chancery And there first by Venire facias with an Alias and as some say by Pluries upon a Nihil returned And if the Defendant do not then appear by a Distringas ad audiendum Judioium and upon default herein a Judgment is given And upon Bayl given to prosecute and stand to the Judgment he may have a Supersedeas to stay Execution But after Execution there goes a Scire facias and no Supersedeas may be had And this is not returned into the Chancery but where it is grounded upon a Record in Chancery as a Statute and the like And no man by this may get himself to be Bayled in case of a Habeas Corpus upon a bare surmise only but by proof of witnesses in writing Dyer 339. F. N. B. 104. Cro. 3. part 308. Broo. Aud. Quer. 41. Upon the Statute Staple the course is to have the Audita Querela to the Chancellor But upon the Statute Merchant it is to be directed to the Justices de Banco Dyer 332. In this Suit the Nonsuit or Default of any one of the Plaintiffs shall not hurt another Co. 6.25 This Writ will not lye upon a bare surmise onely Dyer 232. Cro. 2. 579 694. But it lyeth for the party himself against whom the Judgment is given and against whom the Statute is made or for his Heir Executor or Admioistrator or either of them upon whom the charge is come or coming If my Ancestor to whom I am heir hath entred into a Recognisance and the Sheriff after his death extend my Land or a Rent out of it I being within age by this Writ I may avoid the Extent so that by this the Infant may avoid not onely his own statute but also the extent of the Statute of his Ancestor Mores Rep. Case 121. If a Statute be taken by one that hath no power to take it and after the Conusor doth enfeoff a stranger of the Land and the Conusee sueth Execution on the Statute the Feoffee may have this Writ to avoid Execution Dyer 35. If an Obligee have a Judgment against the heir of the Obligor and his Land in extent and the Obligee assign away his Estate in it to a stranger and after the heir get a Release of this Judgment from the Obligee he may have this Writ against the Assignee Adjudged Pasch 7 Jac. B. R. Flowers Case Note An Audita Querela is not returnable in Chancery but in 〈…〉 it is grounded upon a Record in Chancery as a Statute c. And it seems none are to be baffled upon a Habeas corpus by Audita Querela upon a Surmise but it must be proved by writing In Trinity Term 14 Jac. B. R. One Pierce was brought in upon a Habeas Corpus and Surmise That Mosten had recovered in B. R. against Morris in debt upon a Bond had Judgment against Morris the principal and a Capias ad Satisfaciendum against him and after that another Capias against Peirce the Surety which came in upon Habeas corpus and brought an Audita Querela and surmised payment by the principal And Bayl was denyed him by the Chief Justice nullo contradicente This Remedy is given most properly where the Statute is not good as where it wants a Seal or the like for in cases where the Statute is good and the proceed in the execution of it is erronious onely there the relief is properly by Writ of Error Cro. 3.319 494. In all cases therefore where this remedy is given it is requisite that these three things be in the case 1. There must a charge or burthen come or coming upon him that is to have it 2. It must be such a charge or burthen as that whereof by Law he ought to be discharged and disburthened in all or in part 3. It must be in such a case as wherein he hath no other way to relieve himself And therefore it is used and had sometimes to avoid a Judgment and the execution thereof or to avoid a Statute or Recognisance As if a Judgment or Judgment and Execution be had against me and the Plaintiff in facto release me of the debt or I be released of it or of part of it by Law and yet he sueth Execution out against me for the whole I may have may relief by this way So if a Judgment be had against me and another for one debt and one of us is taken in Execution and after either of us get a discharge in fact or in Law of the debt both or either of us must have relief by this way Pasch 40 Eliz. C. B. Monke and Brown Co. 8.152 Plow 72. Dyer 50. If the Conusee of a later Statute extend Lands of the Conusor in one County having Lands in two Counties and after this the Conusee of a former Statute doth extend the moyety of the Lands in the other County onely the Conusee of the later Statute may have this action
245 Condition to pay money weekly 297 Condition to pay money in 3 years 298 Condition collaterall 299 Condition to pay money at ones returne from Sea 301 Condition to deliver wooll 302 Condition to renew a Lease when the Lessor comes to full age 303 Condition to gather Rents and give account thereof 304 305 Condition to bring an Inventory into the Prerogative Court by a day 307 Condition to assure mortgaged lands upon defect of redemption 308 Condition to acknowledg a Statute by a day 309 Condition not to meddle with an Executorship c. 310 Condition to procure a release and save harmless 311 312 337 Condition to release Dower 313 Condition that a man will suffer his wife to make a Will 313 385 Condition to marry one by a day c. 314 Condition to be a true Prisoner ibid. Condition to save harmless c. 315 333 338 502 Condition of a Factor to serve his Merchant c. ibid. Condition to pay use for Orphanage or Legacy-money 316 Condition for executing a Gaolership 317 339 Condition to reassure lands 318 Condition to find an Apprentice clothes 323 Condition not to be bound for any one 324 Condition to surrender land or pay money 325 Condition to keep the Peace ibid. Condition to pay money c. 326 327 Condition to recover a debt c. ibid. Condition to enjoy lands for non-payment of money 329 Condition upon an Attachment 331 Condition about payment of purchase-money 334 Copyhold lands demise thereof 358 Conditions of several kinds 383 384 647 648 649 Constables Articles to be observed by them 391 Condition to Replevy goods 438 Conveyance of land by 3. Co-heirs and their husbands 507 Covenant to deliver Evidences by such a time 525 Covenant to settle lands for natural affection 534 Condition of a Counter-bond 535 Condition to save harmless 581 582 D. DEed to justifie Actions upon setting over a Statute 30 Dower release thereof 45 Demise of divers lands c. paying a pepper corn yearly 108 Defeasance upon a Bond sued to Judgment 115 167 Defeasance to make void Statutes c. 123 Debt bill thereof 163 Defeasance upon a Statute 167 416 550 Defeasance upon a Mortgage 168 Deed of Settlement to several uses and in default c. as by Will or other writing shall be appointed 293 Debts assignment thereof c. 370 Declaration by a wife of the disposal of a sum of money according to a power reserved c. 375 Discharge to the Sheriff 388 Debts Conveyance for payment of debts 410 Demurrer and Plea form thereof 425 Deputation to a Bayliff or Receiver 644 Disease condition to cure it or repay the money 646 E. EXtent a grant thereof 40 Executor discharged from an Orphans portion in London c. 190 Executors covenant to discharge them from payment of Legacies to Nonage 192 Executors bound to diligence in executing a Will and to account 194 Extent assignment thereof 322 Executors Covenants between them 503 Executor condition to save him harmless 548 F. FIne Covenant to levy it 150 162 185 276 Fine uses thereof declared by Deed 269 Forma Pauperis certificate affidavit and Petition or the same 426 427 Feoffment with a Letter of Atturney 462 Fine uses thereof well declared 526 G. GRant of the reversion of certain Lands 22 Gift Deed of Gift 44 234 235 Goods in a Ship transport thereof 232 Observations upon a Deed of Gift 236 Grant of Lands in Fee in consideration of money and other Lands in exchange 551 Grant of the next Donation of a Benefice 655 H. DEed to save Harmless 6 I. JUdgment assignment thereof with a Letter of Atturney therein 12 139 173 Joynture an assurance thereof to a wife with remainder in tail 47 A Joynture with divers limitations and a Proviso for Revocation 76 Indenture to lead the use of a Fine 107 Indenture of redemise c. with Proviso c. 110 Joynture to the wife before marriage 128 220 Judgment condition to acknowledg satisfaction thereon 154 Joynture a deed thereof with uses 227 Inheritance conveyed by Deed c. 265 Indenture for equal division of goods c. 414 640 Indenture in lieu of Joynture 505 Indenture of Settlement well penn'd 541 L. LEase with extraordinary Covenants 4 Lease of a house and lands made in consideration of a sum the Fee-simple being in the Lessor 8 Letter of Atturney to receive one single debt 33 144 Lease in consideration of the surrender of a former with good Covenants 35 Lease of Tythes 43 Lease of a Fee-Farm c. with necessary Covenants 49 Letter of Atturney to enter upon lands and deliver a lease 55 56 145 202 Lease of divers lands c. with covenant to pay Heriots c. 71 Lease of lands by way of mortgage 92 Lease of a house in London 112 Lease to try a Title 129 387 Lease of a house and lands in the Country 209 Lease of a Warren of Conies 354 Licence to Hawk Hunt and Fish ibid. Lease of Cole-Mines 355 Letters of Licence 356 371 373 458 Lease of goods levied by the Sheriff 360 Lease of lands in Barbadoes 361 Lease from a Company 363 Lease from a Parson and Church-wardens with a Covenant for building c. 364 Lease from a Town or Corporation 365 Lease for 3. lives with Letter of Atturney c. 367 519 Livery of Seisin Memorandum thereof 413 490 Lease of a Mill 434 Lease for a year 452 Lease of a side of a Shop c. 459 Lease in trust 493 495 Lease of Lands with Exception of Woods 514 Lease forfeited upon a Mortgage assignment thereof 517 Lease to be void on payment of c. 583 Lease of a Ferry 588 Lease to three whereby every one is to pay bear and receive equally 641 M. MOrtgage assignment thereof 14 Mortgage for indempnity of Sureties 15 Maâ—â—mony pretended contract thereof revoked 97 Mortgage of Lands upon money c. 101 Marriage condition concerning it 163 Mortgage confirmation thereof 469 Marriage Lands setled to uses thereon and a fine levied to those uses 471 473 Mortgage deed thereof 476 Mannor Conveyance thereof 479 Marriage Indenture to stand seised to uses in consideration thereof 567 N NOnsuit condition to pay money thereon 162 O OBligations Assignment of two Severall ones 52 Obligation covenant to deliver it 185 Covenant to discharge it by a day 328 Obligation single from one to one 437 From two to one ibid. From three to one 438 Obligation and Condition from a bayliff and his Suretyes to a High-Sheriff 578 P PRoviso to make a demise void and a Covenant to grant a a new Lease 54 Partition Indentures thereof 116 389 639 Protection in Parliament time 172 Protection revoked 208 Partition of debts between partners 24â— Partnership deed thereof between four Merchants 398 Plea and Demurrer 425 Forma pauperis Certificate and affidavit thereof 426 Presentation of a Minister to a Living 446 Parsonage a Lease thereof 447 461 462 Park Keepership thereof granted 643 R