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A54332 The perfect conveyancer: or, Severall select & choice presidents such as have not formerly been printed. Collected by four several sages of the law. Edward Henden, Knight; late one of the barons of the Exchequer. VVilliam Noy, Attourney Generall to His late Majestie. Robert Mason, sometime recorder of London. And Henry Fleetwood, formerly reader of Grayes-Inne. Wherein are contained many excellent examples and instructions touching the manner and method of conveyances; usefull for all persons, that are professors in the law, and desire to be rightly and judiciously informed. With an exact table for the readers more ready recourse to any the particulars contained therein Henden, Edward, Sir, d. 1644. 1655 (1655) Wing P1479; ESTC R213933 520,918 567

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Mortgager Pag. 63 A Letter of Attorney to be contained in a Deed by the delivery of seisin Pag. 66 A Lease of a Messuage with certain lands woods and Mines thereto appertaining and also a power of fishing upon the said ground together with power to coal the wood upon the ground Pag. 72 A Lease of a Mansion house certain lands c. with a large exception and many special Covenants therein contained Pag. 82 A Lease of Attorney irrevocable for the assignment of a Recognizance acknowledged in Chancery whereupon judgement is there had with diverse Covenants therein contained to the proper use of the Assignee Pag. 86 A Letter of Attorney irrevocable for the assignment of an Obligation to the proper use and behoof of the Assignee Pag. 90 A Lease of an Iron Furnance Work Hammer or Iron Mill containing ordinary Covenants for the better enjoying of the same Pag. 109 A Lease of a Vicaridge Pag. 120 A Letter of Attorney to make Leases and to receive rents and accompts for the profits of lands making the Grantee Bailiff and Receiver to the Grantor irrevocable for certain years Pag. 125 A Lease to try a title with direction to execute the same Pag. 164 A Letter of Attorney authorizing to enter into certain lands and after entry to seal deliver a Deed subscribed by the Mr. by which those lands are conveyed over Pag. 194 A Letter of Attorney to receive Money upon a Bond. Pag. 218 An Indorsement of Livery and seisin by an Attorney Pag. 219 Letters Patents for making an Alien to be a free Denizen Pag. 220 A Lease of a Prebend Pag. 234 A Lease of a house and for non-payment of a sum of money at certain days before mentioned the lease to be void Pag. 311 A Lease of a house and goods with diverse necessary and special Covenants therein contained Pag. 315 A Leaso of Lands with a special Proviso Pag. 322 A Letter of Attorney to enter and to deliver a deed as Attorney the same being first signed and sealed by the party Pag. 484 M A Mortgage of a house in fee-simple for indempnification in a very good form penned by Robert Mason Esq Pag. 466 The right form of a Mortgage penned by R. Mason Esq Pag. 470 A Mortgage at 10 l. in the 100 l. protempore Pag. 525 O. An Obligation conditioned for the release of an Annuity Pag. 24 An Obligation conditioned for the payment of money Pag. 30 P. The form of a Perpetuity by will with a proviso to restrain alienation c. Pag. 152 The Patent whereby Serj. Henden was made Baron of the Exchequer Pag. 225 R. A Release of Estrepement and of arrerages of Rent Actions of Covenant and debt Pag. 10 A Release upon a Deed of Feoffment Pag. 20 A general Release Pag. 22 A Release of right and title to land as also of Conditions and titles of entries or re-entries Pag. 67 A Recognizance Pag. 167 A Release of right to land Pag. 211 A Release of Legacies Pag. 212 A Release of Errors upon a Fine Pag. 194 A Release of a Proviso and Condition Pag. 199 A particular Release of a Vicarige and all claim thereunto together with a general release of all actions sutes whatsoever Pag. 217 A Release of Errors upon a judgement in debt in the common-Common-pleas Pag. 222 S. A Sale and Confirmation of an estate of a lease of 100 years to an Assignee of part of the term Pag. 230 W. A Warrant to the Bayliff of a Manor for summoning of Tenants to hold a Court Baron Pag. 224 A Warrant to one of the Receivers of the Revenues of the Dutchy for the payment of 5 l. every Term to Sir E. Henden Knight one of the Barons of the Exchequer Pag. 225 The End of the Table A DEFEASANCE OF A STATVTE Entred into for the performance of Covenants contained in Indentures THis INDENTURE made c Between A. of the Parish of R. in the County of York Yeoman of the one part and B. of L. in the County of Kent Gentleman and C. of S. in the County of Hertford Clothier on the other part Witnesseth that whereas the said B. and C. by their Bond or Recognizance in the nature of a Statute for the Recovery of Debts made and provided and acknowledged before Sir I. P. Knight Lord Chief Justice of England and bearing date the 17 day of June last past before the date of these presents did joyntly and severally become bound unto the abovenamed A. in the summe of c. of current English mony to be paid unto the said A. his Executors or Assigns at or upon the feast of the Nativity of Saint Iohn Baptist next ensuing the date of the said Statute as by the same more at large appeareth Nevertheless it is concluded and agreed between the said parties and the said A. is well contented and pleased and doth for him his Heirs Executors Administrators and Assigns covenant and grant to and with B. and C. and either of them their or either of their Executors Administrators and Assigns in manner and form following That is to say that if the said B. his Heirs Executors and Assigns shall and do well and truly observe perform fulfill and keep all and singular the Covenants Grants Articles and Agreements which on the part and dehalf of him the said B. are to be performed fulfilled and kept specified and contained in certain Indentures made between him the said B. of the one part and the above-named A. on the other part bearing date the 10. day of Iuly last past before the date of these presents That then the said Bond Recognizance and Statute to be utterly void frustrate and of none effect or otherwise to be and remain in his full force strength and vertue ¶ An Indenture of Bargain and Sale to be inrolled THis Indenture made c. Between I. H. of B. in the County of C. Yeoman on the one part and E. H. of R. in the County of Middleseex Esquire on the other part Witnesseth that the said I. H. for and in consideration of the summe of 300 l. of current English mony before the ensealing hereof by the said E. H. unto him the said I. H. well and truly paid whereof and wherewith the said I. H. doth acknowledge himself to be fully and wholly satisfied and payed and doth thereof and of every part and parcel thereof acquit and discharge the said E. H. his Heirs Executors Administrators and Assigns and every of them by these persents Hath given granted bargained and sold and doth by these presents give grant bargain and sell un-the said E. H. his Heirs and Assigns all that his principal Mansion or Messuage together with all barns stables and other edifices and buildings whatsoever to the same belonging or in any wise appertaining and 2 gardens 6 acres of Land 50 acres of Meadow 50 acres of Pasture 4 acres of Wood-ground containing in the whole six score and eighteen acres of land meadow
Acts Statutes and Proclamations of this our Kingdome as well enacted as hereafter to be enacted shall keep and be obedient according to the forme of the Statute in that case made and provided In witnesse whereof we have caused these our Letters to be made Patents c. A Release of Errors upon a Judgement in Debt In the COMMON PLEAS BEE it known unto all men by these presents That I Sir R H. Knight Serjeant at Law have remised released and forever quite claimed and do by the presents for me my heires executors and administrators remise release and for ever quite claim unto E H. Serjeant at the Law his heires executors and administrators all and all manner of Errour and Errours and also all and all manner of writ or writs and action or actions of errour and errours which I the said R H. my heirs executors or administrators now have or hereafter may have by reason of or upon one judgement now depending and being against me the said Sir R H. in the Court of Common pleas at Westminster of two hundred pounds debt and 40 s. costs damages as by the record thereof being remaining of record in the said Court of Common pleas at Westminster amongst divers other things doth and may more plainly and at large may appear In witnesse whereof I the said Sir R H. to this present writing my hand and Seal have put the 7 day of February in the year of our L. G. c. A Grant of a reversion with a proviso to determine it upon paiment of Money Nota that this grant for seven daies was made on purpose to save a Livery and seisin or other conveyance THis Indenture made c. Between G S. of c. of the one part and A R. of c. on the other part Whereas the said G S. by his Indenture bearing date the 29 of September last past before the date of these presents hath bargained and sold unto T D. of c. one messuage or tenement one Barn with all edifices and buildings whatsoever to the said Messuage or Tenement belonging ●or appertaining and also six pieces or parcels of fresh and sa●t marish conteining by estimation 56 acres with the appurtenances more or lesse s●ituate c. To have and to hold the said Messuage c. and all and singular the said premises with the appurtenances unto the said T D. his executors administrators and assignes from the making of the said Indenture for and during the term and space of 7 daies from thence next comming to be compleat and ended yielding and paying therefore during the said terme one Pepper corne as in and by the said Indenture of demise amongst other things doth and may more plainly and at large appeare Now this Indenture witnesseth that the said G S. for and in consideration of the sum of c. to him the said G S. by the said A R. before the ensealing and delivery of these presents well and truly in hand paid whereof and wherewith the said G S. acknowledgeth himselfe to be fully satisfied and paied and thereof and of every part and parcell thereof by these presents cleerly acquitteth and dischargeth the said A R. his heirs executors and administrators Hath given and granted and by these presents doth give and grant unto the said A R. his heirs and assignes the said one messuage or tenement reciting the parcels and the reversion and reversions remainder and remainders of all and singular the said premises with the appurtenances To have and to hold all and singular the said premises with all and every their appurtenances unto the said A R. his heires and assignes for and only to the only use and behoofe of him the said A R. his heires and assignes for ever Covenant that the Grantor hath full power in his own right to make this grant And that the premises are and shall so continue discharged or else saved harmlesse from all other bargaines sales Feoffments charges forfeitures c. And further that the grantee shall peacebly enjoy without interruption c. Proviso to determine the grant upon the paiment of the sum of c. The usuall Covenant if the mony be not paid of further assurance c. and to deliver the writings concerning the premises within such a time after default in paiment NOTA Upon this Indenture was this indorsement Sealed and delivered by the within named G S. unto the within named A R. in the presence of c. Also the within named T. D. lessee of the premises within mentioned The forme of an A●tornment indorsed upon the de●d after the ensealing and delivery of these presents the said 24th day of September in the yeare of our Lord God c. within mentioned did attorn unto the within named A R. upon the within mentioned grant of the said premises by the said G S. unto the said A R. made according to the forme and effect thereof by the paiment of six pence of lawfull mony of England in the name of Attornement in the presence of c. Memorandum That a Free simple may be thus conveyed and an absolute estate of inheritance passe without either Fine Feoffment or bargaine and sale And this was done by the advise of E. Henden Serjeant at the Law for M. A R. Condition of a Bond for performance of Covenants THe Condition of this Obligation is such that if the above bounden G S. his heires executors and assignes and every of them do from time to time and at all times hereafter well and truly observe perform fulfill and keep all and singular the Covenants grants articles provisoes and agreements which on his and their part and behalfe are to be observed performed fulfilled and kept conteined specified and declared in one pair of Indentures bearing date with these presents made between him the said G S. of the one part and the said A R. on the other part according to the purport effect and true meaning of the said Indenture That then this present Obligation to be void or otherwise to stand remain and be in his full force power and vertue A Warrant to the Bayliffe of a Mannor for summoning of Tenants to hold a Court Baron THese are to will and require you that forthwith upon the receipt hereof you give notice and warning to all the Tenants of the said Mannor of S B. that they make their personall appearance Mannor de South Bockland at the said Court Baron to be holden at the said Mannor on Tuesday the sixteenth day of Aprill next ensuing by nine of the Clock in the forenoon of the same day then and there to pay their severall Rents and do all such sutes and servises as their severall tenures do require And that you your selfe be then and there present and there make returne of all the Tenants names belonging to the said Mannor in writing and also of this warrant And hereof faile not at your perils Dated
and Assigns shall and will well and truly pay or cause to be paid unto the said T. F. and his Assigns during the natural life of the said T. F. the said Annuity or Annual rent of 10 l. yearly at or upon the second day of May or within the said 30 days next after the said day in manner and form as is before in these present Indentures limited and appointed Of which said Annuity or Annual rent of 10 l. to be paid as aforesaid the said B. F. hath put the said T. F. in present and full seisin and possession and by giving him the sum of Six-pence Seisin given of the rent In witnesse whereof the parties above-named to these present Indentures their hands and seals interchangably have put Dated the day and year first above written Anno Domini c. An usual Deed of Feoffment with general Warranty TO all Christian People to whom this present Writing shall come T. P. of T. in the County of K. Yeoman Greeting in our Lord God everlasting Know ye me the aforesaid T. P. for and in consideration of the sum of 60 l. of good and lawfull mony of England to me the aforesaid T. P. by I. T. of B. in the aforesaid County Clothier well and truly before-hand paid whereof I acknowledge my self to be fully satisfied and contented and said I. T. his Heirs Executors and Administrators to be for ever acquitted and exonerated by these presents have given granted infeoffed and by this my present Writing confirmed to the aforesaid I. T. his Heirs and Assigns all that Mannor Messuage or Tenement Barn Stable with all other edifices to the said Messuage or Tenement belonging or in any wise appertaining or with the same heretofore usually occupied And also one garden one orchard three pieces or parcels of land meadow and pasture with their and every of their appurtenances containig in the whole by estimation 10 acres of land and pasture more or lesse situate lying and being in the Parish of R. aforesaid and abutting upon the Kings high-way towards the South and West and the lands of the heirs of F. A. towards the South and East towards the land of A. M. towards the North and to the land of A. H. towards the North and East as by metes and bounds thereof they are set forth and well known Which said Messuage and other the premises whatsoever now are in the tenure or occupation of one I. L. or of his Assigns To have and to hold the aforesaid Messuage or Tenement with all and singular the edifices to the said Messuage belonging th' aforesaid three pieces or parcels of land meadow and pasture with all and singular edifices with their appurtenances and other the premises whatsoever to the aforesaid I. T. his Heirs and Assigns to the use and behoof of the said I. T. his Heirs and Assigns for ever To hold of the chief Lords of the Fee thereof by services hertofore due and of right accustomed And I the aforesaid T. P. and my Successors aforesaid the said Messuage or Tenement aforesaid three pieces or parcels of land meadow and pasture and other the premises whatsoever A general Warranty with all and singular the appurtenances to the said I. T. his Heirs and Assigns against me mine Heirs and Assigns and against all other men do warrant and for ever defend by these presents In witnesse whereof I the aforesaid T. P. to this my present Writing have put to my Seal Dated the first day of May in year c. A Release upon a Deed of Feoffment TO all Christian People to whom this present Writing shall come T. P. of T. in the Parish of T. in the County of K. Greeting in our Lord God everlasting Know ye me the aforesaid T. P. for and in consideration of the sum of 60 l. of good and lawfull mony of England to me th' aforesaid T. P. by I. T. of the aforesaid Parish of B. in the said County of K. Yeoman before-hand well and truly paid and for divers other good causes and considerations me hereunto especially moving have remised released and altogether for me and my Heirs for ever quit claimed by these presents unto I. T. of K. aforesaid Yeoman in his full and peaceable possession and seisin being to his Heirs and Assigns to the onely and proper use and behoof of him the said I. T. his Heirs and Assigns for ever all my right title claim interest or demand which I the aforesaid T. P. have or at any time had or any wayes hereafter may have of or in one Messuage or Tenement Barn Stable with all and singular edifices buildings and other the appurtenances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining and of and in one Garden one Orchard three pieces or parcels of land meadow and pasture with the appurtenances containing in the whole by estimation 16 acres of land whether more or lesse situate lying and being in the aforesaid Parish of B. in the aforesaid County of K. abutting on the Kings high way there towards the South and West to the lands of the Heirs of F. A. to the South and East to the lands of A. M. towards the North and to the lands of A. H. towards the North and East as by the metes and bounds thereof as they are divided are set forth and well known So that neither I the said T. P. nor my Heirs nor any other by us for us or in our right and property title claim interest or demand of or in the said Messuage or Tenement with the appurtenances aforesaid Barns Stable with all other edifices aforesaid one Garden one Orchard aforesaid three pieces of parcels of land meadow and pasture with the appurtenances and of or in other the premises whatsoever with their appurtenances nor in any part or parcel of the same we may or hereafter ought to require claim or challenge but from every action right title claim use interest and demand in the same we are altogether excluded by these presents In witnesse whereof I the said T. P. to this present writing have put my seal Date● c. ❧ A General Release BE it known unto all men by these presents that I R. G. of R. in the County of K. Yeoman for divers good causes and considerations me thereunto especially moving have remised released and quit claimed and do by these presents for me my Heirs Executors Administrators and Assigns remise release and quit claim unto W. M. late of P. In the County of S. Tanner his Heirs Executors Administrators and Assigns all and all manner of actions both real personal and mixt and all and all manner of Bils Bonds Obligations Debts or Duties Judgements Executions Accompts and Demands whatsoever And all and all manner of Actions which I the said R. G. my Executors Administrators or Assigns have or had may or can have against the said M. W. his Executors or Administrators in or upon Bill
times hereafter before the full and perfect execution of such good and perfect estate of the said premises as by these presents are meant to be had made done executed and conveyed unto the said A. L. his Heirs and Assigns shall be had made done committed or executed by the said I. T. I. S. the Father c. or by either or any of them or by the right estate consent means or procurement of them or either or any of them The said old and accustomed rents customs and services before excepted and the said Lease for term of years made unto the said I. L. always excepted Or else if the said I. L. his Heirs or Assigns shall at any time or times hereafter happen to be damnified by reason of the act or acts person or persons aforesaid or every or any of them then the Vendor to make satisfaction as followeth of any the Rents Arrerages Statutes Recog Iudgements Executions Fines Issues Americiaments Intrusions Interests Titles charges or incumbrances last before recited except before excepted That then and so often he the said I. T. his Heirs Executors Administrators Assigns or some of them shall will after such damnification had and sustained within the space of c. next after notice thereof and request therefore to be made to the person of the said I. or of his Heirs Executors or Administrators or else by open publication in the Parish Church of W. in the said County upon some Sunday in the forenoon in the presence of 10 of the Parishioners of W. aforesaid at the least by the said A. L. his Heirs c. or any of them well and truly content satisfie and recompence or pay unto the said A. L. his Heirs and Assigns and his and their or one of their Executors and Administrators or some or any of them at one whole payment at or in the Church Porch of R. aforesaid all such damages as the said A. his Heirs or Assigns thereby or by reason of the same then or before that time shall have sustained or then shall or may thereby sustain And moreover the said I. T. for him his Heirs Executors Administrators and Assigns covenanteth and granteth to and with the said A. L. his Heirs and Assigns by these presents that if the said Freehold and Inheritaace of the said capital House or Tenement and other the premises before by these presents mentioned to be bargained and sold or any part thereof shall at any time or times hereafter happen to be by any former title grown or accrued before the delivery of these presents or by reason of any act or thing had made or done or suffered before the delivery of these presents without fraud or covin on the part and behalf of the said A. L. his Heirs or Assigns or any of them by any lawfull Action Sute Iudgment Execution or Entry lawfully recovered or evicted from the said A. L. his Heirs or Assigns or by any person or persons other then by the said I. T. and I. S. the Father or either of them and other then by the Heirs and Assigns of them or any of them or claiming in by from or under them either or any of them and other then by the Ancestor or Ancestors of the said I. T. his Heirs or Assigns or any of them That then the said I. T. his Heirs Executors Administrators or Assigns shall and will after such recovery eviction or expulsiō within the space of c. next ensuing such notice thereof as aforesaid given well and truly pay or cause to be payed unto the said A. his Heirs or Assigns or his or their or one of their Executors Administrators or Assigns at or in the Porch of the Parish Church of R. aforesaid in manner and form following that is to say so many sums of c. of c. as there shall be acres of the premises before mentioned to be bargained and sold so recovered or evicted as aforesaid except the capital messuage or tenement if the same or any part thereof shall happen to be as aforesaid recovered or evicted or the said A. his Heirs or Assigns to be of the freehold or inheritance thereof as aforesaid lawfully expulsed or evicted the sum of c. of lawfull c. An Indenture to lead the use of a Fine of some part of the premises and to lead the use of a Recovery of the residue the use of some part of the premises to be to the Vendee absolutely and of the residue but upon Condition for the assurance of certain money hereafter to be payed by the Vendee unto the Vendor THis INDENTURE made c. Between H. P. of c. of th' one part and I. F. of th' other par● Witnesseth That for and in consideration of c. And also for divers good causes and considerations hereafter mentioned it is convenanted granted concluded condiscended and fully agreed by and between the parties to these presents and either of the said parties do by these presents for them their Heirs Executors Administrators and Assigns covenant grant conclude and condiscend in manner and form following that is to say That the said H. P. shall before the first day of c. next ensuing these presents at the costs and charges in the law of the said I. F. his Heirs and Assigns before the Justices of Common-pleas at West acknowledge and levy one Fine sur cogniz d. droit com ceo que il ad deson don with proclamations according to the form of the Statute in that case provided That part of the Indenture which is to lead the use of the Fine in due form of Law to be levied unto the said I. F. of all that his house water-mill and parcel of ground containing by estimation one acre situat and being in B. in the said County of S. aforesaid by such number names of acres quantity of land as in the said Fine so to be levied shall be conteined which said Fine so to be levied and the execution thereupon to be had shall be to the only use and behoof of the said I. F. his Heirs and Assigns for ever and not to any other use or uses And further that he said I. F. shall before the first day of c. next ensuing the date of these presents at the costs and charges in the Law of the said I. F. purchase and sue forth against him the said H. P. one original writ of E●tre sur disseisin in l' post retornable before the said Justices of the said Court of Common-pleas That part which is to lead the use of the Recovery to demand against him the said H. all those the Manors Messuages Lands Tenements Meadows Pastures Woods Underwoods Rents Services Hereditaments called or known by the name of B. with the appurtenances situat and being in S. aforesaid and all other the messuages lands tenements meadows pastures feedings woods commons wayes waters rents reversions services Court leets liberties and
and form following that is to say by such names number of acres and quantity of Land Meadow and Pasture as in the said Fine shall be mentioned to be the right of the said W. R. as that which the said W. R. hath of the grant of the said L. and that the said Fine so to be levied and the execution thereupon to be had or taken shall be to the only use and behood of the said W. R. his Heirs and Assigns and not to any other use or uses In Witnesse whereof c. An Indenture to lead the use of a Recovery THis INDENTURE Quadrupartit made c. Between H. P. of c. of the first party T. P. of c. of the second party I. T. and I. S. of the third party and A. P. of c. Widow late wife of T. P. deceased of the fourth party Witnesseth that for divers c. it is covenanted c. by and between the said parties to these presents and either of the said parties do by these presents covenant c. to and with th 'others in manner and form following that is to say that the said I. T. and I. S. shall on this side and before the Feast of c. next ensuing c. purchase and sue forth out of the high Court of Chancery one original Writ of entre sur disseisin in l' post against the said H. P. retornable before the said Iustices c. at a certain time in the said Writ to be mentioned and by the said Writ shall demand against the said H. P. all the Lands c. Situate lying and being in H. and W. or in either of them in the said County of S. called or known by the name of c. or by whatsoever other name or names the same been called or known or as part parcel or member thereof reputed esteemed or taken containing in all by estimation c. whether more or lesse also all and singular other the premises with th' appurtenances in H. W. aforesaid or in either of them which the said H. P. late purchased or had of the gift or grant of the said T. P. party to these presents by certain names number of acres and quantity of land in the said Writ to be specified unto which said Writ the said H. P. shall appear gratis and take upon him the Tenancy of the said Lands Tenements and other the premises with the appurtenances and Vouch to warranty the said T. P. party to these presents who shall likewise appear gratis and after shall make a departure in despite of the Court so that judgment shall be thereupon given that the said I. T. and I. S. shall recover the said Lands c. and other the premises in the said Writ to be cōtained against the said H. P. and that the said H. P. shall recover in value against the said T. P. party to these presents and the said T. P. party to these presents shall recover in value against the said Common Vouchee that execution of the said recovery so to be had shall be made according unto the form of common recoveries in such case used And further the said I. T. I. S. H. P. T. P. parties to these presents and the said Common Vouchee and either and every of them shall and will make do knowledge execute and suffer all and every such act and acts thing and things whatsoever meet necessary or expedient for the prosecution of the said Recovery and the Execution thereupon according to the form and order of Common recoveries with double Voucher in such cases used And it is further covenanted c. by and between all the parties to these presents and either of the said parties doth by these presents covenant grant conclude condescend and fully agree to and with th' other in manner and form following that is to say that the said Recovery of all and singular the lands c. and the execution thereof and all the Lands c. and other the premises shall for ever immediatly from and after the Recovery and Execution had be and remain and all and every person and persons which now at the time of the said Recovery to be had shall stand or be seized of the said premises or of any part thereof shall stand and be of all and singular the lands c. and other the premises or any part thereof seized to the only use and uses hereafter expressed and not to any other use or uses intents and purposes that is to say to the use of the said A. P. for ever during the natural life of her the said A. and after her decease to the use and benefit of the said H. P. his Heirs and Assigns for ever and not to any other use or uses In witnesse whereof c. ¶ A Condition of an Obligation to perform an Arbitrement THe Condition c. That whereas divers and sundry controversies sutes strifes and debates have heretofore been had moved stirred up and yet are depending between th'above-named T. C. and W. W. of c. Brother of th'above bounden R. M. for the ending of which said controversies actions sutes and debates as well the said W. W. and the said T. C. as th'above bounden R. M. who by Letter of Attorney from the said W. W. prosecuteth the said strifes have submitted themselves to the award order rule and judgment of P. M. of c. and one R. B. of c. Arbitrators indifferently elected chosen as well on the part of the said T. C. as on the part of the said W. W. and R. M. to order determine and final end to make of all and all manner of controversies sutes strifes and debates whatsoever heretofore had being or depending between the said T. C. and the said W. W. from the beginning of the world untill the present day of the date hereof If therefore the said W. W. and the said R. M. and either of them their Heirs Executors and Assigns and the Heirs Executors and Assigns of any of them do from time to time for ever hereafter well and truly stand to perform fulfill and keep the award order and final determination of the said Arbitrators concerning the aforesaid premises so as the said award be made and yielded up in writing by the said Arbitrators before c. That then c. ¶ An Indenture for the assurance of Lands in Marriage for the Joynture of the Wife with usual Covenants for the better assurance of the same Lands THis INDENTURE made c. Between H. F. of c. of th' one part and R. T. of c. of th' other part Witnesseth that the said H. F. doth by these presents Covenant and grant to and with the said R. T. that he the said H. shall and will before the c. next c. marry and take to wife M. T. one of the Daughters of the said R. T. if the laws of holy Church will permit and the
Regis Noverint c. nos c. tenevi c. I. S. Armiger Vice-com Com. K. praedict in c. solvend eidem c. THe Condition c. that if the above-bounden I. D. shall and do appear before c. at Westminster Dis Sabbath● prox post Octab. Sancti Martini to answer to E.D. Widow in a plea of Trespasse upon the case That then c. A Grant of an Executorship and of all such goods and other things as the Executor hath or ought to have of the Testator by the Executorship or otherwise In which Grant are divers Covenants THis INDENTURE made c. Between M. C. c. Executrix of the last Will and Testament of E. C. late of c. aforesaid Widow deceased of th' one part and I. S. c. aforesaid of the other part Witnesseth that the said M. C. for and in consideration of c. hath given granted bargained and sold and by these presents doth give c. unto the said I. S. his Executors Administrators and Assigns all and singular the goods leases chattels both real and personal that were unto the said E. at the time of her decease belonging which the said M. hath or of right ought to have as Executrix of the last Will of E. or otherwise and of all manner of debts duties advantages commodities and demands which the said M. her Executors Administrators or Assigns hath might or ought to have take challenge or demand as Executrix of the last Will of the said E. or otherwise by vertue of the said last Will and Testament And further the said M. doth for the consideration aforesaid make constitute and in the place and room of her A large Letter of Attorney made to the Grantee his Executors Administrators to receive all monies debts duties to commence all actions in all Courts for the same at the sute of the Executor in his name and all such monies c. to have to his own use her Executors and Administrators appoint the said I. S. during his life and his Executors Administrators and Assigns after his decease to be the true and lawfull Attorney Attorneys of her the said M. and of the Executors and Administrators of her the said M. giving and granting unto the said I. S. during his life and unto his Executors Administrators and Assigns after his decease full power and lawfull liberty licence and authority in the name of her the said M. her Executors and Administrators to take have ask receive and levy all and singular such debts duties and demands which were due and owing unto the said E. as Executrix of the said last Will or otherwise which she the said M. by force of the said Will may ask have take demand receive recover or levy And further that he the said I. S. his Executors Administrators or Assigns or any of them shall or may from time to time and at all times hereafter in the name of her the said M. her Executors or Administrators commence any action or actions sute or sutes plaint or plaints against any person or persons in any Court or Courts whatsoever or any to Arrest for any debt duty matter cause or thing whatsoever due owing or accrued unto or demandable by the said E. at the time of her decease and Attorney and Attorneys in the name of the said M. to make constitute revoke alter remove and change And the same actions sutes plaints and Arrests or any of them shall or may in the name of the said M. her Executors Administrators or Assignes at the costs charges in the Law of the said I. S. his Executors Administrators and Assigns prosecute and follow until judgement and execution shall be thereupon had and made And all and singular such sum and sums of money goods chastels debts and other things as shall be so in the name of the said M. received recovered had or levied by the said I. S. his Executors Administrators or Assigns shall and may have hold keep and retain in the hands of him the said I. S. his Executors and Administrators to his and their proper use and behoof without any accompt or other thing therefore unto the said Executors or Administrators of the said E. yeelding rendring or paying giving and granting unto her said Attorney his Executors and Administrators full power and authority to do and execute all and every act and acts thing and things touching and concerning the said premises in as large and ample manner in all respects Convenant that the Grantor hath not made any gift grant bargain and sale or release of any of the Goods or Chattels c. nor any Release Acquittance c. of any the debts duties c. but that he may take and receive them without disturbance revocation c. as she the said M. can or might make ●o or execute And further that the said M. doth by these presents for her her Heirs Executors and Administrators Covenant and grant to and with the said I. S. his Executors Administrators and Assigns in manner and form following that is to say That she the said M. hath not before th' ensealing and delivery of these presents made any gift grant bargain sale or release of any of the Goods or Chattels before by these presents mentioned to be bargained and sold nor any Release Acquittance or other discharge of any of the debts duties or other things before by these presents mentioned to be granted but that the said I. S. his Executors Adminstrators and Assigns shall and may have and enjoy all and singular the Goods and Chattels before by these presents given granted or sold and receive have take recover levy and enjoy all and singular the debts duties liberties and authorities and other things before by these presents mentioned to be granted bargained sold or assigned unto him without any let or disturbance or any revocation or adnihilation of the said M. her Executors Administrators Assigns or of any person or persons by the procurement or assent of the said M. her Executors Nor that she wil not release any such debt or duty action or actions c. but that she will justify all acts done by the Grantee c. and suffer him c. to receive all sums c. and take all goods and chattels to his own use c. And further that she the said M. hath not heretofore discharged or released any Debt Duty or other thing which she is Executor of the last Will or otherwise by vertue of the said last will may can might should or ought to have take demand or recover nor that she the said M. her Executors Administrators or Assigns nor any other by her or their consent or procurement shall or will at any time or times hereafter discharge or release any such Debt or Duty or any action or actions sute or plaint that shall or may be taken or commenced for any such Debt or Duties but that she
the said M. her Executors and Assigns shall and will from time to time and at all times hereafter justifie and allow confirm avow all and every such action and actions sute and sutes plaint and plaints prosecutions judgments and executions as her said Attorney or Attorneys shall have make commence prosecute sue or levy in her name touching the premises and permit and suffer the Attorney to receive take and have to his her their own use and uses all and every such sum and sums of money goods chattels and other things as She her Executors or Administrators ought to have receive and levy as Executrix of the said Will or otherwise by vertue of the said will And further that she the said M. her Executors Administrators and Assigns And further that he will suffer the grantee c. to have the whole execuon of the Will c. shall and will at all times hereafter permit and suffer the said I. S. his Executors Adminstrators Assigns from time to time and at all times hereafter to have the whole execution of the said last Will and all the doings and dealings touching the same and the administration of all the chattels goods debts evidences and leases which were belonging to the said E. at the time of her decease And the said I. S. for him his Heirs c. covenanteth and granteth to and with the said M. her Executors c. by these presents that he the said I. S. his Executors c. shall and will well and truly pay and satisfie all the debts of the said E. deceased and all the legacies in the said Will contained according to the true meaning of the said Will And therefore shall and will at all times hereafter well and sufficiently save and keep harmlesse the said M. her Executors and Administrators In Witnesse whereof c. ¶ An assignment of a Statute-Staple whereupon execution hath been had and of such lands as are thereby extended with special Covenants THis INDENTURE made c. Between S. F. of c. of th' one part and T. R. of c. of th' other part Witnesseth that whereas one I. W. of c. is and standeth holden and firmly bounden unto the said S. F. by one Recog or Bond obligatory made according unto the form of the Statute lately made and provided for the Recovery of debts bearing date c. knowledged taken and sealed before Sir I. L. Knight Lord chief Justice of England as by the said Recognizance appeareth And whereas the said S. F. hath sithence the acknowledgeing of the said Recognizance sued execution thereof and thereupon hath extended divers and sundry the messuages c lying in the said County of S. which were unto the said I.W. at a certain value and hath had the said Messuages c. lawfully delivered unto him in execution upon the said Recog by vertue whereof he the said S.F. hath been and yet is of the said Messuages c. lawfully possessed Now these presents witnesseth that the said S.F. for and in consideration of the sum of c. to him by the said R.T. before the ensealing and delivery of these presents well and truly in hand paid whereof he acknowledgeth himself by these presents to be fully satisfied and thereof acquitted c. hath granted bargained sold assigned and set over unto the said R.T. all singular the said Messuages c. with th' appurtenances which were as aforesaid executed and delivered unto the said S.F. in execution upon or by vertue of the said Recog and all the estate right title interest possession and term which the said S.F. hath or of right ought to have of in or to all the said Messuages c. Together with the said Recognisance Extent and Execution or either or any of them To have and to hold the said M●ssuages c. and all other the premises before by these presents mentioned to be granted sold assigned and set over unto the said R.T. his Executors and Assigns from the East of c. next c. for and during all such time interest estate and term as the said S. F. hath or holdeth or may should or ought to have hold and enjoy the same to all intents and purposes Covenant that the Grātor hath not done nor that his Executor shall not doe or cause to be done any act or thing whereby to frustrate or avoid this grant or assignment And that the said S. F. doth by these presents for him c. covenant and grant to and with the said R.T. his Executors c. That he the said S.F. heretofore hath not nor that he his Executors c. nor any by his or their means or procurement shall not nor will no● make do commit procure or execute or cause to be made done committed procured or executed any act or acts thing or things whatsoever whereby the said Recog Extent and Execution or either or any of thein is already or hereafter shall be released discharged frustrate adnihilated or avoyded or whereby the said Messuages c. and other the premises or any part thereof shall may or ought to be evicted taken had or recovered from the said R.T. his Executors c. And the said R.T. shall or lawfully may from time to time and all times hereafter have hold and enjoy And that the Grance shall enjoy the premises without eviction or disturbance of the Grantor or any one claiming under him all and singular the said Messuages c. with th' appurtenances as aforesaid executed and delivered in execution during and by all such time as the said S.F. his Executors Administrators or Assigns may can should or ought to have and enjoy the same by vertue of the said Recog Extent and Execution or either of them without any eviction or expulsion let or disturbance of the said S.F. his Executors Administrators or Assigns or of any other person or persons any thing therein or in any part thereof claiming by from or under him the said S.F. his Executors and Administrators or Assigns And that saved harmless from all incumbrances And that saved harmlesse of all grants interests charges and incumbrances had made or committed by the said S.F. his Executors c. or by his or their means assent consent or procurement And if the said I.W. shall at any time hereafter pay And that if the Obliger shall pay any mony or other things unto the Grantor that then he shall within such a time pay it to the Grantee or Assignee or cause to be payed unto the said S.F. his Executors or Assigns any sum or sums of money or other thing whatsoever in part of satisfaction of the said Recog Extent and Execution or either of them or of the sum or sums of money in the said Recog contained That then he the said S.F. his Executors or Assigns shall or will within the space c. next ensuing such payment well and truly pay or cause to be payed
Heirs or Assigns without any accompt or other thing therefore yeelding rendring or paying And in default of such assigment after such request as aforesaid made without any assignment to take and have the same timber fewell and fire-boot cart-boot wayn-boot gate-boot and plough-boot so as before to be expended or spent and not otherwise And further the said I. M. for him his Heirs c. doth by these presents Covenant and grant Covenant that Lessee shal not sow or cause to be sown such ground by such sapce before the end of the term Covenant that if the Lessor c. shal cut down any of the woods or underwoods that then it shall be lawfull for him c. to inclose them that the Lessee shall not depasture them with any cattle other than Colts of a year old And that the Lessee c. shall at his proper costs maintain the hedges c. to and with the said H. P. his Heirs c. in manner and form following that is to say That he the said I. M. his Heirs c. shall not sow or cause to be sown any of the Marish ground before by these presents demised before the end of the said term and space of c. And further that if the said H. P. his Heirs or Assign shall at any time or times during the said term fell or cut down any of the woods or underwoods growing upon the said premises that then and so often it shall and may be lawfull to and for the said H. his Heirs or Assigns to encompasse or inclose so much of the said wood-ground wherupon such felling shall be And that after such incolosure made the said I. M. his Executors Administrators and Assigns nor any of them shall depasture or feed in the said Coppizes so to be inclosed nor put nor suffer to go there any manner of cattle other than Colts of one year old during the said term of 5 years and shall further during that 5 years at his own costs fence and maintain the said hedges and fences so to be made by the said H. P. his Heirs or Assigns In witnesse whereof c. Letter of Attorney irrevocable for the assignment of a Recognizance acknowledged in Chancery whereupon Iudgement is there had with divers Covenants therein contained to the proper use of the Assignee KNow all men by these presents That whereas A.S. c. did by Recognizance acknowledged at Westminster in the Court of Chancery tali die anno acknowledge himself to be indebted unto one I.M. c. of c. to be paid unto the said I.M. or to his sure Attorney upon the Feast c. then next following the date of the said Recogn with a certain condition thereupon endorsed as by the said Recogn and Condition more at large it doth and may appear and where sithence the acknowledging of the said Recognizance the said I. M. hath sued two Writs of Scire facias against the said A. S. in the said high Court of Chancery at Westminster upon the said Recognizance against the said A. S. as by the said Iudgement remaining of Record in the said Court of Chancery appeareth Now these presents witnesse that the said I. M. for divers good causes considerations him thereunto specially moving hath granted bargained and sold and set over and by these presents doth fully clearly and absolutely grant bargain sell assign and set over unto H. P. of c. the said Recognizance and all sums of money therein contained together with the together with the said judgement thereupon given with all such benefit advantage commodity and sums of money as the said I. M. his Executors Administrators or any of them may or can might should or ought to have receive take recover or in execution have by force or means of the said Recognizance judgement and execution or any of them And further the said I. M. doth by these presents for him his Executors c. ordain constitute and in his place put and appoint the said H. P. during the natural life of the said H. and lawfull Attorney or Attorneys irrevocable for him and in the name of him the said I. M. during his life and of the Executors c. of him the said I. M. after his decease to ask demand receive recover and in execution to take levy and have of and against the said A. S. the Executors and Administrators of the said A. S. or any of them all or any of the said sums of money mentioned contained or specified in the said Recognizance and all and every such sum and sums of money as is already recovered or may arise grow due or payable upon or by reason of the said Recognizance and judgement or any of them and execution or executions in the name of the said I. M. his Execut c. upon the said Recognizance and judgement thereupon given at the cost and charges of the said H. P. his executors c. to take have sue forth and levy And … uch sum and sums of mony as shall or may be had taken recovered or levied upon or by reason of the said Recog and judgement thereupon given or either of them to receive perceive take have and detain to the proper use and behoof of the said H. his Executors c. without any accompt or other thing therefore yeelding rendring or paying unto the said I. M. his Executors c. And in default of payment of all or any part of the said sum or sums of money mentioned in the said Recogn to Arrest sue or implead or execution to take against the Heirs Executors or Administrators of the said A. S. or any of them upon the said Recogn or judgement as upon either of them in any lawfull Action or Actions Sute or Sutes Plaint or Plaints in any Court or Courts of the Commonwealth of England for or in the name of the said I. M. his Executors or Administrators And judgement and execution thereupon to take and have And Attorney or Attorneys for in or concerning the said premises or any part thereof for or in the name of the said I. M. his Executors c. to make constitute ordain and appoint and them also at his and their will and pleasure to alcer revoke change and remove And further to make do execute and commit or cause to be made done executed and committed in the name of the said I. M. his Exec. c. all and every matter and thing Act and Acts whatsoever meet necessary expedient or convenient for the recovery levying having or execution making taking or having of all or any of the sum or sums of money mentioned or contained in the said Recogn and judgement thereupon given or either of them and all and singular such sum and sums of money or other thing as he the said H. his Exec. c. shall by reason of the said Recogn or judgement or Execution thereupon to be had made or taken have take levy
or recover in the name of the said I. M. his Executors c. And the said I. M. doth for him his Executors c. Covenant and grant to and with the said H. his Executors c. that if shall and may be lawfull Covenant that the Assignee or Attorney c. shall retain the sum to his c. own use without accompt rendered to and for the said H. his Executors c. to have take retain keep and enjoy c. to his and their own use without any accompt or other thing therefore to be yeelded rendred or given And the said I. M. ratifieth and alloweth and by these presents confirmeth and avoweth all and every matter and thing Act and Acts whatsoever which the said H. P. his Executors c. or any of them shall at his and their costs and charges doe execute or commit or cause be done executed or committed in the name of the said I. M. his Executors c. in about touching or concerning the premises or any part thereof and the said I. M. doth by these presents for him his Heirs c. and every of them Covenant and grant Covenant that the assignor hath done no Act or thing nor that he his Heirs Executors c. shall do or cause to be done whereby the Assignee c. shall be hindred of the recovery or receipt of the sum or sums due upon the Recogn or judgement thereupon had to and with the said H. P. his Heirs c. in manner and form following that is to say that the said I. M. nor any other person or persons by his or their consent privity or procurement already hath not made done executed or committed nor that he his Heirs c. nor any of them nor any other person or persons by his or their procurement shall or will at any time or times hereafter make do execute or commit or cause to be made done executed or committed any Act or Acts thing or things whatsoever whereby the said Recogn or all or any of the sum or sums of mony therein contained or any action or actions sute or sutes plaint or plaints commenced or to be commenced thereupon or any judgement or judgements thereupon already given or hereafter to be given now be or at any time or times hereafter shall be released discharged discontinued nonsuted disallowed or otherwise hindred or made void or frustrate or whereby the said H. P. his Executors c. in the name of the said I. M. his Executors c. shall not nor may not recover and have the said sum and sums of money in the said Recogn mentioned and execution or executions of the said Judgements Covenant that the Assignor c. upon request at the charges in the law of the Assignee will do any Act thing or devise in the law necessary for the recovery of the sum or sums of mony contained in the Recogn c. And further that he the said I. M. his Executors c. shall and will from time to time and at all times for ever hereafter upon reasonable request and at the costs charges in the law of the said H. P. his Heirs Executors c. make do execute or cause to be made done and executed all and every such Act and Acts thing and things devise and devises in the law whatsoever meet necessary or expedient for the said recovery of all or any of the sum and sums of money before mentioned for the execution of the said judgement already obtained upon the said Recognizance by the said H. P. his Heirs c. or by his or their learned councel in the Law shall be reasonably devised advised and required Covenant that the Assignor will not revoke the Letter of Attorney nor do any thing whereby to frustrate the same But will avow every thing therein contained all acts and things don by the Assignor c. by reason of the Recog or judgement thereupon And finally the said I. M. doth by these presents for him his heirs c. covenant and grant to and with the said H. P. his Executors c. that neither he the said I. M. his Execut. c. nor either or any of them shall or will at any time or times after the date of these presents revoke countermand disanull or avoid or by any other means or way whatsoever make frustrate or adnihilate the said Letter of Attorney or any liberty licence power and authority or any thing in these presents contained But shall and will from time to time and at all times hereafter justifie and allow uphold maintain and avow the same and every matter and thing therein conteined or thereby covenanted or granted and all and every such sute and sutes execution and executions act and acts thing and things as the said H. his Executors c. shall and will at his and their costs and charges take commence prosecute sue or follow in the name of the said I. M. his Executors c. upon or by reason of the said Recognizance and judgement thereupon given or either of them In witnesse whereof c. Letter of Attorney irrevocable for the Assignment of an Obligation to the proper use and behoof of the Assignee KNow all men by these presents That whereas c. Now these presents witnesseth that the said R. W. hath for divers considerations granted assigned and set over and by these presents doth grant assign and set over unto W. E. c. the said Obligation and all sums of money therein contained together with all such benefit and commodity as the said R.W. his executors c. can or may take or recover And further the said R. W. doth by these presents constitute and in his place put the said W. E. to be his lawfull Attorney irrevocable for him and in his name to ask levy recover take and have of the said I. F. and W. F. or either of them the said sum of c. conteined in the said condition at the time and place in the said condition specifyed or at any other time or place and in default of payment thereof or any part thereof to be made unto the said W. E. in my name or in the name of my Executors c. to arrest sue or implead the said I. F. and W. F. their Heirs Executors c. or either of them upon the said Obligation in any sute or plaint in any Court or Courts within the Commonwealth of England and Attorney and Attorneys for me and in my name to make and if need be to revoke and all or any of the said actions sutes or plaints in my name to follow and prosecute against the said I. F. and W. F. or either of them ratifying and allowing all and every the matters and things act and acts whatsoever which my Attorney his Executors Administrators and Assigns or any of them shall lawfully make do execute or commit or cause to be made done executed or
the disposing of his lands and ten devise and bequeath unto E.M. Son of him the said T.M. all those his lands tenements in R. aforesaid which were sometimes T.K. the Grandfather of him the said T. to have and to hold all the said Lands and Tenements with all and singular the appurtenances to the said E. M. and to his Heirs for ever when he should come to the age of c. and the said T.M. did by the same his last will Testament further will that if his said Son did fortune to die before he came to his said age of c. that then his said will and mind was that all those his said lands and tenements should remain unto them the above named G.M. and H.M. his Brothers parties to these presents to be had and held unto them the said G.H. their Heirs for ever as in the said last will and testament of him the said T. M. more plainly and at large it doth and may appear And whereas the said B.M. Son of the said T. is sithence the said time and before his said age of c. departed this life without Heirs of his Body By reason whereof they the said G. and H. have according to the said last will and testament of him the said T.M. entred into the said premises unto them devised as aforesaid and by vertue of the last will and testament now are and stand joyntly as Joyntenants seized thereof in their demesn as of Fee And whereas also they the said G. and H. are seised in fee as Coperceners in Gavelkind of other Messuages lands and tenements Now therefore unto the end and intent that a perfect partition may be had and made between them the said G.M. and H.M. of all and singular the said messuages lands tenements and hereditaments to them devised or descended as aforesaid and that every of them their and every of their Heirs Assigns may from henceforth severally have and enjoy in severalty without any impeachment or disturbance of the other of them his or their Heirs or Assigns his their part and portion of the said Messuages to them bequeathed or descended as aforesaid they the said G. M. and H. M. by their own mutual consent and agreement and by the mediation of certain friends indifferently elected and chosen between them have made partition and division and do by these presents for them their Heirs and Assigns make partition and divide the said Messuages c. to them bequeathed or descended as aforesaid in manner form as hereafter is mentioned that is to say first he the said G. M. shall have for his part and portion of the said messuages c. to them the said G. H. bequeathed or descended as aforesaid one messuage c. and other th' appurtenances together with one c. cont in the whole by estimation c. whether more or less sit c. To have and to hold the said Messuage and other the said premises with their appurtenances unto him the said G. M. his heirs and assigns for ever in severalty and divided from the part and portion of the said H. M. his heirs and assigns And the said H. M. shall have for his part and portion of the said Messuages c. to them the said G. H. bequeathed or descended as aforesaid these several Messuages c. following that is to say c. mentioning the particulars To have c. the said Messuages c. unto him the said H. M. his heirs and assigns in severalty and divided from the part and portion of the said G. M. as aforesaid And the said parties to these presents and either of them do for them and either of them their heirs Mutual Covenants of quiet peaceable enjoyment without disturbance c. executors and assigns Covenant and grant to and with either of thē their heirs executors and assigns that they and either of them their heirs and assigns shall and may quietly and peaceably have hold enjoy his their part and portion of the said premises by these presents unto either of them limited and appointed for his or their part and portion as aforesaid in severalty according unto the partition and divisiō aforesaid without any disturbance or impeachment of the other of them their heirs or assigns In witness c. A brief Deed of grant and assignment of certain goods chattels and debts with a Letter of Attorney therein contained TO all Persons to whom this present Deed poll shall come R W of c. sendeth greeting Whereas I. W. of C. aforesaid standeth bound together with me the said R. W. for divers Debts and sums of mony by me the said R. due and owing Know ye that I the said R. for the saving harmlesse of him the said I. W. from the said bonds and debts so far forth as these debts and chattels hereafter specified will extend amount unto have given granted bargained and sold and do by these presents for me mine executors and administrators give grant bargain and sell unto the said I. W. his executors administrators and assigns all such goods and chattels both real and personal as are mentioned expressed and conteined in a certain schedule hereunto annexed at such rates and prices as they are therein rated and prized at To have and to hold to him the said I. W. his executors and assigns for ever And further know ye that I the said R. W. for the consideration aforesaid do make constitute ordain and in my place and room put the said I. W. to be my irrevocable true and lawfull Attorney giving and granting unto the said I. W. full power and lawfull authority irrevocable for me and in my name and to the use of him the said I. W. his execut and assigns to ask take have receive and levy all and singular debts duties and demands due or owing unto me the said R.W. mentioned and conteined in the said Schedule hereunto annexed And that he the said I. W. his executors administrators and assigns or any of them shall or may from time to time and at all times hereafter in the name of me the faid R. W. my executors or administrators commence any action or actions sute or sutes plaint or plaints against any person or persons for any the said debts duties and other the premises and also Attorney Attorneys for me and in my name to make constitute revoke alter remove and change and the same sutes actions and plaints or any of them shall or may in the name of me the said R.W. my executors administrators or assigns at the costs and charges in the Law of him the said I.W. his executors administrators or assigns prosecute and follow until judgement and execution shall be thereupon had and made and all and singular such sum and sums of money as shall be so in the name of me the said R. received recovered had or levied he the said I. his execut admin and
assigns shall and may have hold keep and retain in his and their hands to his and their proper use and behoof without any accompt or other thing therefore unto me the said R. W. my executors or administrators Giving and granting unto my said Attorney full power and authority to do and execute all and every act and acts thing and things touching or concerning the said premises in as large and ample manner to all respects as I the said R. can or might make doe or execute if I were personally present at the doing thereof In witnesse whereof c. An Assignment of a Bond by Deed Poll together with a Letter of Attorney irrevocable and usual covenants for the same TO all persons to whom this present Deed Poll shall come R. H. of c. sendeth greeting Whereas A.M. of c. I.W. of c. and R.C. of C. aforesaid did by their Obligation bearing date c. become joyntly and severally bound unto the said R. H. in the sum of c. and the condition of the Obligation was that if the said A. M. his heirs executors administrators or Assigns or any of them did well and truly satisfie content and pay or cause to be satisfied content and paid to the said R. H. c. reciting the whole condition as in and by the said obligation and condition thereof more at large appeareth And whereas the said sum of c. in the condition of the said Obligation specified is not paid unto the said R. H. according to the effect of the said condition Now know ye that the said R. H. for and in consideration of the sum of c. unto him the said R. by P. M. of c. in hand paid and for divers other good causes and considerations him thereunto especially moving hath granted assigned and set over and by these presents doth grant assign and set over unto the said P. M. his executors and assigns the said Obligation and all sums of money therein contained together with all such benefit and commodity as the said R. H. his executors or Administrators can or may take or receive thereby And further the said R. H. doth by these presents The Letter of Atrorney constitute and in this place appoint the said P. M. to be his lawfull Attorney Irrevocable for him and in his name to ask levy receive recover take and have of the said A.M. I.W. and R. C. or either of them or of the heirs executors administrators or assigns of them or either of them all and singular the said sum or sums of money in the said obligation or condition thereof specified and contained and the same to receive keep and detain to the proper use and behoof of the said P. M. his executors and administrators without any accompt or other thing therefore yeelding rendring or paying unto the said R. H. his executors administrators and assigns and in default of payment of the said sum or sums of money to arrest sue or implead at the costs and charges in the law of the said P. M. his executors or assigns the said A. M. I. W. and R. C. or either of them upon the said Obligation in any sute or plaint in any Court or Courts within the Commonwealth of England for and in the name of the said R. H. his executors or administrators and judgement and execution thereupon to take and have and Attorney or Attorneys for in or concerning the said premises or any part thereof for or in the name of the said R. H. his executors or administrators to make constitute ordain or appoint and them also at his and their will and pleasure to alter revoke change and remove And further to make do execute and commit or cause to be made done executed and committed in the name of the said R. H. his executors or administrators all and every matter and thing act and acts whatsoever meet necessary expedient or convenient for the recovery levying having or execution making taking or having of all or any of the sum or sums of money mentioned or contained in the said Obligation and judgement thereupon to be given or either of them And all and singular such sum and sums of mony or other thing as he the said P. M. his executors administrators or assigns shall by reason of the said Obligation and judgement or execution thereupon to be had made or taken have take levy or receive in the name of the said R. H. his executors or administrators And the said R. H. doth for him his executors administrators and assigns Covenant and grant Covenant that the Assignee shall have the mony to his own use without accompt ●ender c. to and with the said P. M. his executors and administrators that it shall and may be lawfull to and for the said P. M. his executors administrators and assigns to have take retain keep and enjoy all or any of the said sum or sums of money mentioned or contained in the said obligation and judgement thereupon to be given or either of them to his and their own use Allowance of all Acts done by the Assignee c. in the name of the Assignor at his costs and charges without any accompt or other thing therefore to be yeelded rendred or given ratifying and allowing confirming and avowing all and every matter and thing act and acts whatsoever which the said P. M. his executors administrators or assigns or any of them shall at his and their costs and charges do execute or commit or cause to be done executed or committed in the name of the said R. H. his executors or administrators in about Covenant that there is no act done nor shall be done whereby to frustrate this grant of assignment touching or concerning the premises or any part thereof And the said R.H. doth for him his heirs executors administrators and assigns and every of them covenant and grant to and with him the said P. M. his Executors administrators and assigns in manner and form following that is to say that neither the said R.H. nor any other pers or pers by his or their consent privity or procurement already hath not made done executed or committed nor that he his heirs executors administrators or assigns or any of them nor any other person or persons by his or their procutement shall or will at any time or times hereafter make do execute or commit or cause to be made done executed or committed any act or acts thing or things whatsoever whereby the said Obligation or all or any of the sum or sums of money therein conteined or any action or act sute or sutes plaint or pl. commenced or to be commenced thereupon or any judgement or judgements thereupon hereafter to be given now be or at any time hereafter shall be released discharged discontinued nonsuted disallowed or otherwise hindred or made void or frustrate or whereby the said P. M. his executors administrators or assigns in the name of
following that is to say that if the said I.G. and I. his wife shall and will on this side and before the feast of c. next ensuing the date of these presents before the Justices of the Court of Common Pleast at Westminster knowledge the Fine Sur cognizance de drt. comeceque il ad de lour done unto the said I.D. and his heirs with Proclamation according unto the form of the Statute in such case had and provided in due form of Law to be levied of all that the c. reciting the particulars and with the same words as in former Presidents for the like cases are mentioned In Witnesse whereof c. An acknowledgement of the receipt of certain moneys due upon the sale of certain lands and a release of the same and of all security taken therefore and a release of all Covenants in certain Indentures with a general release TO all persons c. Know ye that I the said A. have had and received the day of the date thereof of T. D. of c. the sum of c. in full discharge and satisfaction of all such sum sums of money as the said T.D. was to pay unto the said A. for the Manor or Capital messuage of W. in the said County of ● and the lands tenements hereditaments which the said T.D. lately had and purchased of me the said A. as by the assurance thereof made more at large appeareth And I the said A. do by these presents for me my heirs executors administrators and assigns remise release and quit claim unto the said T.D. his beirs executors and assigns the said debt of c. and every part and parcel thereof and all and singular Covenants Recognizances duties and deeds and all other security and assurances whatsoever by him the said T.D. unto me the said A. for the payment of the said sum of c. or for the payment of any part or parcel therof heretofore made acknowledged or given And I the said A. do further for me my heirs Release of Covenants in certain Indent executors administrators and assigns by these presents remise release and quite claim unto him the said T.D. his heirs executors administrators and assigns all and singular Covenants Grants Articles and Agreements on the part and behalf of him the said T.D. his heirs and assigns unto me the said A. mine heirs executors or assigns covenanted granted concluded or agreed upon Release of R●●ogn specified and contained in certain Indentures made between the said T.D. on the one part me the said A. on the other part bearing date c. And also all Becogn of the sums of c. entred into by the said T.D. unto me the said A. and bearing date the c. And all and singular actions judgements executions sutes quarrels debates debts duties and demands whatsoever which I the said A. mine heirs executors and administrators have shall may or ought to have or am or shall be A ge●eral Release in any sort intituled unto in upon or by reason of the said Recogn or of any covenant grant clause article or agreement in the said recited Indenture specified or contained And further also know ye that I the said A. have for the consideration aforesaid remised released and quite claimed and do by these presents for me my heirs execut administ and assig remise release and quite claim unto the said T.D. his heirs exec administrators and assigns all and all manner of actions entries covenants grants agreements Recogn Judgements executions sutes quarrels controversies debates debts duties and demands whatsoever which I the said A. my heirs executors administrators and assigns have may shall or ought to have or am or shall be intituled unto for any cause or matter whatsoever from the beginning of the world until the day of the date of these presents In witnesse whereof c. A Condition that the Obligor was lawfully seised of the premises at the time of granting of the Annuity with other usual clauses conteined in such Grants THe Condition c. That whereas the within named T. P. and I.P. by their Deed Indented beating date with these presents have given granted and by the same their Deed confirmed unto the within named E.H. his heirs and assigns a certain Annuity or yearly rent of c. yearly issuing and going out of the Manor of c. with th'appurtenaces and out of all the lands tenements and hereditaments belonging or appertaining or with the same now or at any time heretofore held occupied or enjoyed sit c. And out of all other Messuages c. whatsoever with their appurtenances of them the said T.P. and I.P. or either of them in R. aforesaid in the said County of K. under a certain condition in the said Deed cont●ined as in and by the said Deed more at large it doth and may appear The usual clause that the grantor is seised of a lawful indefeasible estate in fee in his own right of the premises out of which c. If therefore the said T.P. and I. P. or either of them were at the time of th' ensealing delivery of the said Deed solely lawfully and rightfully seized in his or their demesn as of Fee-simple of a good sure lawfull rightfull absolute and indefeasible estate and of and in all and singular the said Manor c. with th' appurtenances and of and in all other the Lands tenements and hereditaments and all other the premises with th' appurtenances out of which the said Annuity or yearly Rent is mentioned to be issuing And that the said T.P. and I. P. or either of them And that he had lawfull power to charge the same at the time of th' ensealing and delivery of the said Deed had good right lawfull power and authority in his or their own right to charge the said Manor c. and all other the premises with th' appurtenances out of which the said Annuinuity or yearly rent according to the purport of the said Deed is mentioned to be issuing And also if the said Manor c. and all other the premises with the appurtenances and every part and parcel thereof out of which the said annuity or annual rent is mentioned to be issuing Clause that after any default in paymēt the lands shall be over liable sufficient to the distresse c. That the land is shall so continue of the cleer yearly value of c over above all charges reprizes And that the grantee shall peaceably enjoy the rent The usual clause that the premises are acquitted c. or else shal be sufficiently saved harmlesse from all former bargains sales c. shall from time to time and at all times from and any default in payment to be made of the said annuity or yearly rent or of any part thereof at any of the time and times limitted for the payment thereof be overt liable and sufficient to the
assurances whatsoever lawful and reasonable as shall be reasonably and lawfully devised or advised by the said C.D. his c. or by his or their learned Counsel c. for the further better assurance and sure-making of all and singular the said Messuage or Tenement with the appurtenances and of all and singular other the premises and every part or parcel thereof to him the said C.D. his c. in manner and form aforesaid be it by fine feoffment warranty deed or deeds introlled or by the inrolment of these presents or by all or any the wayes and means aforesaid or otherwise howsoever so that the said warranty do not extend any further nor against any Person or Persons or their Heires other then against him the said A.B. his c. and R.R. of c. and the Heires and Assigns of him the said R.R. and against R. C. of c. and G. C. Sonne and Heir apparent of the said R. C. and the Heires and Assigns of him the said R. R. and against R. C. of c. and G.C. Son and Heir apparent of the said R.C. and the Heires and Assigns of either of them and against all and singular other person and person whatsoever and their Heires any right title estate or interest having pretending or claiming to have of in or to the same premises or any of them by for from or under them the said A.B. R.R. R.C. and G. C. or any of them in or by any manner of way or means whatsoever † A.B. Covenanteth that the premises at the sealing hereof are clearly discharged and saved harmless from all former bargains and sales and all other engagements whatsoever And moreover the said A.B. for himself c. covenanteth c. to and with the said C.D. his c. by these presents That all and every the said Messuage or Tenement Lands Tenements Meadowes c. and other hereditaments and all and singular the premises with their and every of their appurtenances at the time of the ensealing and delivery of these presents stand and be at all times hereaster and from henceforth shall be stand remaine and continue clearly exonerated discharged acquitted and saved harmlesse of and from all manner of former gifts grants bargains sales feoffements alienations entailes wills uses leases joyntures dowers recognizances statutes merchant statutes staple eligits obligations covenants promises judgments executions issues fines amerciaments forfeitures penalties entries title of entries entrusions conditions annuities rents rents charges rents secks arrearages of rents suits services heriots duties taxes customs impositions and all other charges demnads and incumbrances whatsoever heretofore had made knowledged procured caused or suffered or hereafter to be had made done c. by or by the means or consent of them said A.B. R.R. or either of them or any other person or persons or their Heires any estate having claiming or pretending to have of in or to the said premises or any part c. by for from or under them the said A. B. and R.R. or either of them or any other Person or Persons the said yearly rent of c. in and by these presents above expressed limited and reserved to be paid yearly and payable to him the said A.B. his c. in form aforesaid and one lease or demise heretofore made c. by Indenture Dated c. for and during the term of c. them and from thenceforth next and immediately following and the several summes of money in and by these presents hereafter mentioned limited and appointed to be paid to said A. B. his c. for the whole clear and absolute purchase of the said Messuage or Tenement and other the premises with the appurtenances in manner and form aforesaid only excepted and foreprized A. B. Covenants to save and keep harmlesse the said premises with the appurtenances as also the said C. D. his c. their and every of their Lands Goods and Chattels not onely against the aforesaid c. but also against the c. of c. or by what name soever they be called from all rent-services c. And further the said A. B. for himself his c. That he the said A. B. his c. shall and will from time to time and at all and every time and times hereafter and from henceforth clearly exonerate acquit discharge and save harmlesse as well the said Messuage or Tenement and all and singular the premises with the appurtenances as also him the said C. D. his c. and his and their and every of their Lands Tenements Goods and Chattels not onely against the aforesaid c. his c. but also against c. of c. by whatsoever name or names they the said c. now are is or shall be called named or incorporated as well of and from all and singular rents services arrearages suits of Courts Heriots reliefes duties customes and demands whatsoever at any time or times hereafter due payable or demandable or to be claimed and demanded as due out of for or by reason of the same premises or any part or parcel thereof by him the said C. G. his c. and them the said c. of c. or any of them as also all and all manner of distresses penalties forfeitures entries titles of entries actions suits judgments executions troubles costs charges and other incumbrances whatsoever of for or by reason of any such rents services arrearages suits of Courts Heriots reliefs duties customs or demands or any of them whatsoever In consideration whereof In consideration C.D. covenanteth to pay to A. B. the sum of c. on the Feasts c. in ful discharge of the purchase of Messuages c. the said C.D. for himself his c. doth Covenant c. to and with the said A.B. his c. by these presents That he the said C.D. his c. shall and will well and truly content and pay or cause c. unto the said A. B. his c. the summe of c. in manner and form following viz. at or on the Feast c. next comming after the date hereof between the houres of c. in the afternoon of the same day within c. or at or in the place where the said outer Pentice now standeth the summe of c. or at or on the Feast c. which shall be in c. between the like houres of c. in the afternoon of the same day and within or at the place aforesaid the summe of c. for the last payment and residue of all and singular the fame sum of c. and in full satisfaction discharge and entire payment of the same for and in consideration of the full clear and absolute purchase of the said Messuage or Tenement and other the premises with all and singular their appurtenances in manner and form aforesaid according to the true intent and meaning of these presents † Proviso that the said A.
B. shall seal and deliver at the request of C.D. and at the costs of the said C.D. in the Law as the Deed of him the said A.B. unto the said C.D. upon every payment a good and lawful acquittance in writing under his hand and seal testifying the payment of the same Provided alwaies and neverthelesse the said A. B. for him his c. covenanteth c. to and with the said C.D. his c. by these presents That he the said A. B. his c. shall and will at and upon the request and demand of the said C. D. his c. seal and deliver and lawfully tender and offer to seal and deliver as the Deed of him the said A.B. his c. unto him the said C.D. his c. at and upon every payment or other sufficient satisfaction and discharge of every of the said summes of c. so to him the said A. his c. to be had or made by him the said C.D. his c. as is aforesaid one good sufficient and lawful acquittance in writing subscribed with the hand and sealed with the seal of him the said A. B. his c. so receiving the said summes as is aforesaid testifying acknowledging and averting the payment and receipt of the same These Indentures or any thing clause article covenant proviso or sentence therein contained to the contrary hereof in any wise notwithstnading Proviso and agreed by the saia Parties that if default of payment be made by C.D. and A. B. tendring and offering acquittance or acquittances in writting testifying the payment and receipt of the same that then it shall be lawful for the said A. B. and his c. to re-enter and the same to have again and enjoy as in their former right any thing in these presents notwithstanding Provided alwayes and it is also Covenanted granted and agreed by and between the said Parties and the said C. his c. doth Covenant c. That if default of payment be hereafter had or made of or in any of the said payments of any the said several summes of money last before mentioned at any of the said several Feastd-ayes in which the same or any of them are by these presents above limited and appointed to be paid or otherwise if the said summes or any of them be not duly and fully satisfied and discharged according to the true intent and meaning of these presents and he the said A. B. his c. tendering and offering unto him the said C. D. his c. such sufficient and lawful acquittance or acquittances in writing testifying the payment and receipt of the summe as in these presents is above-expressed and declared That then and at all times from thenceforth it shall and may be lawful to and for him the said A.B. his c. into all and singular the said Messuage or Tenement and all other the premises with their appurtenances wholly to re-enter and the same to have again repossesse and re-enjoy as in his or their former right or title and estate This Indenture or any thing clause of covenant therein c. notwithstanding Provided finally and moreover it is the true intent and meaning of these presents and of the said Parties to the same and the said A. B. for him c. doth covenant A. B. Covenanteth that if the said C.D. his c. shall by any manner of menas be outed of the premises by any person to be recovered or lawfully evicted out of the possession of the said C. D. by due course of Law then the said A. B. upon the reasonable request of the said C.D. his c. at such Dayes and Feasts in these presents expressed shall truly content and pay to the said C.D. all such sum and sums of moneys received by the said A.B. before the said eviction decree c. That if in case it fortune the said Messuage or Tenement and other the premises or any of them or any part or parcel thereof at any time or times hereafter to be by any person or persons whatsoever recovered or otherwise lawfully evicted from against or out of the possesion of him the said C.D. his c. by due order or course of Law of in or to the same premises or any of them Or if it happen any Decree in or upon any Bill of Complaint or any Judgment or Verdict in any suit writ or action real personal or in plea whatsoever to passe or be given against him the said C.D. his c. or any of them or against his their or any of their rights titles or interests of in and to the same premises or any part thereof is or shall be disposed avoided adnulled defeated or undone without fraud o● covin That then and in such case he the said A.B. his c. or some of them within c. next after such recovery eviction decree judgment or verdict so to be had given and passed as aforesaid at and upon the reasonable request and demand of the said C.D. his c. and at such dayes times and Feasts and in such manner and form as in and by these presents shall be hereafter expressed limited and appointed shall and will well and truly content satisfie and pay and cause to be satisfied contented and repaid unto him the said C.D. his c. all and every such and the like sum and sums of money as he the said A. B. his c. shall then before that is Judgment or Verdict of the said C. D. his c. in consideration of the said purchase to wit before any such recovery eviction decree judgment or verdict as is aforesaid have had or received of at or by the hands of him the said C.D. his c. or any of them for or in consideration of the said purchase of the said Messuage or Tenement and other the premises so as is before said that is to wit by such like payments portions and several summes as he the said A.B. his c. shall have had or received the same The first payment to be made within c. next after recovery eviction decree judgment or verdict so to be had pass or given a● the second payment at c. The first payment thereof to be had and made within c. next after such recovery eviction decree judgment or verdict so to be had passed or given as aforesaid at or within the outer Pentice c. and the second and next payment thereof to be had c. and made in and upon the Feast-day of c. then next and immediately following between the houres of c. in the afternoon of the same day and at or in the place aforesaid and so forth yearly at the like dayes of c. and between the like houres of c. in the afternoon of every such Feast day of c. and at or in the place aforesaid untill every such or the like summe or sums of money as he
above-rehearsed and all and every sum and sums of money in the said Obligation and Condition therein contained and all his estate right title interest property remedy profit advantage claim and demand of in and to the same and every part thereof to the onely use and behoof of the said T.M. his Executors Administrators and Assigns for ever And for the better recovery and enjoying of the premises the said R.VV. hath assigned made ordained deputed and in his place and stead and by these presents doth assign ordain constitute and make the said T. M. his Executors and Assignes his true and lawful Atturney and Atturneys irrevokable for and in the name or names of the said R.VV. his Executors or Administrators but neverthelesse to and for the onely use and behoof of the said T. M. his Executors and Assigns to sue for ask leavy recover demand and receive of the said L. B. his Heires Executors or Administrators all and every such summe and summes of money whatsoever as are due and payable unto the said R.VV. or which shall or may be lawfully had or received by the said R. VV. his Executors or Administrators upon or by force vertue or means of the Obligation aforesaid or by reason force or means of any lawful action suit processe judgment execution or proceeding thereupon hereafter to be commenced attempted prosecuted obtained or had in any manner of wise Giving and by these presents granting unto the said T.M. his full power and lawful authority touching the premises for and in the name or names of him the said R. VV. his Excecutors or Administrators by all lawful waies and means whatsoever to the use aforesaid to do say sue implead prosecute pursue seize sequester arrest attach imprison and to condemn and out of Prison to deliver and to reckon receive compound agree release acquit and discharge one Atturney or moe under him or them to substitute and make and at his or their pleasure the same to revoke And further to do follow execute end and determine all and every other act and acts thing and things whatsoever that shall be meet needful and requisite to be had made or done in or about the recovery receipt or execution of the premises as amply in every respect as the said R.VV. his Executors or Administrators or any of them might or could do if the said R.VV. his Executors or Administrators were thereat from time to time present and did the same personally And whatsoever the said T. M. his Executors Substitutes or Assignes or any of them shall lawfully do or cause or procure to be done in or about the premises to the use aforesaid he the said R. VV. his Executors and Administrators do and will ratifie confirm and allow the same irrevokable by these presents And the said R. W. for him his Executors and Administrators doth c. in form following That the said R. W. shall not revoke the said Letter of Atturney nor any power thereby given viz. That neither he the said R. W. his Executors or Administrators nor any of them shall or will at any time hereafter revoke recall frustrate or make void this present writing or Letter of Atturney or any power authority or Atturneyship herein or hereby given or granted in any manner of wise And that neither he the said R.VV. his Executors or Administrators or any of them shall or will at any time hereafter do commit or willingly suffer to be done any act deed or thing either by non suit retraxit release or otherwise whereby or by means whereof the said T. M. his Executors or Assigns shall be hindred letted debar●ed or delayed in or from the recovery receiving getting in or obtaining of the said premises or any part thereof contrary to the true meaning of these presents But that he the said R. W. That the said R. W. shall justifie any act lawfully done by the said T. in the recovering of the said debt his Executors and Administrators shall and will justifie and maintain with effect all and every lawful action suit processe and proceeding which shall be lawfully attempted prosecuted or proceeded in by the said T. his Executors or Assignes for the recovery or obtaining of the said premises or any part thereof And that he the said T. M. his Executors and Assigns shall and may lawfully sue for recover obtain and enjoy the said premises according to the intent and true meaning of these presents without any let denial or interruption of or by him the said R.VV. his Executors or Administrators or any of them or any other Person or Persons by or through their or any of their consent means or procurement and without any accompt or reckoning therefore or for any part thereof to the said R.W. his Executors or Administrators or any of them to be made yielded or given And further And that the said R.W. at the request of the said T.M. and at the cost of the said T. M. shall make and perform any other act and thing that shall be needfull for the recovery of the said debt That he the said R.VV. his Executors and Administrators shall and will at any time hereafter upon the reasonable request and at the costs and charges in the Law of the said T. M. his Executors and Assign do make execute and perform all and every such further act or acts deed or deeds thing or things be it by making any further Letter or Letters of Atturney or otherwise for the better enabling of the said T. M. his Executors and Assignes in and for the recovery obtaining and enjoying of the premises to his or their own use and uses as aforesaid according to the tenour and true meaning of these presents as by the said T. M. his Executors or Assigns or his or their Councel learned in the Law shall be lawfully and reasonably advised devised and required And the said T.M. for him his c. That be the said T.M. his Executors or Administrators shall will acquit discharge or otherwise save or keep harmlesse or suffiently recompence the said R.VV. his Executors or Administrators and every of them of and from all losses and damages whatsoever which shall at any time or times hereafter happen to be had recovered or obtained against the said R. W. his Executors or Administrators for by reason or in respect of any suit or suits hereafter to be prosecuted or pursued in the name or names of the said R. his Executors or Administrators or any of them upon the Obligation before recited in any manner of wise ¶ In witnesse c. ¶ An Indenture of Asignment of part of a House and Land and other Covenants there inserted Penn's by R. Mason Esquire THis INDENTVRE made c. Between c. witnesseth That whereas the said I. L. by the name of I. L. of c. Yeoman by Indenture of Lease bearing date c. Hath demised Demise granted betaken and to farm-letten unto H. S. of
Father of him the said I. H. and the Heires and Assigns of him the said R. H. and of R.C. late of VV. c. deceased and G.C. Son and Heir apparent of the said R. H. and their Heires and Assigns and the Heires and Assigns of either of them and against all and and singular other Person and Persons whatsoever and their Heires any right title estate or interest having pretending or claiming to have of in or to the same premises or any of them by from or under them the said I.H. R.H. R.C. and G.C. or any of them in or by any manner way or mean whatsoever * I. H. Covenants that the premises at the time of the sealing hereof are free and clear from all manner of former bargains gifts and grants and shalf so stand remain and continute And moreover the said I.H. for himself his c. doth c. ut supra that all and every the said Messuage or Tenement Lands c. and other Hereditaments and all and singular the premises with their and every of their appurtenances at the time of the ensealing and delivery of these presents stand and be and at all times hereafter and from henceforth shall be stand remain and continue clearly exonerated discharged acquitted and saved harmlesse of and from all and all manner of former gifts grants bargains c. heretofore had made knowledged done procured caused or suffered or hereafter to be had c. by or by the means and consent of them the said I.H. or R.H. or either of them or any other Person or Persons or their Heirs and estate having pretending or claiming to have of in or to the said premises or any part c. by for from or under them the said I.H. and R. H. or either of them The yearly rent reserved to be yearly paid I. H. and also one Lease or Demise bearing date c. and severall sums of moneys appointed to be paid to the said I. H. for the whole clear and absolute purchase of the said Mesuage with the appurtenances or any other Person or Persons the said yearly rent of c. in and by these presents above expressed limited and reserved to be yearly paid and payable to him the said I.H. his c. in form aforesaid and one Lease or Demise heretofore made c. by Indenture bearing date c. for and during the term of c. then and from thenceforth next and immediately following and the serveral sums of money in and by these presents hereafter mentioned limited and appointed to be paid to the said I.H. his c. for the whole clear and absolute purcharse of the same Messuage or Tenement and other the premises with the appurtenances in manner and form aforesaid only excepted and foreprized * I. H. Covenants for him and his c. to save harmlesse the said Messuage with the appurtenaces and also the said R.H. and his c. their Lands Goods and Chattels not onely against G.C. but also against c. from all services rents arrearages suits of Court and all other things whatsoever for or by renson bf the premises by him the said G.C. his c. and the said c. or Assigns and all other penalties whatsoever And further the said I.H. for himself his c. shall and will from time to time and at all and every time and times hereafter and from henceforth clearly exonerate acquit discharge and save harmelesse as well the said Messuage or Tenement and all and singular the premises with the appurtenances c. as also him the said R.H. his c. and his and their and every of their Lands Tenements Goods and Chattels not onely against the aforesaid G.C. his c. but also against the c. of c. and their c. by whatsoever other name or names they the said c. now are is or shall be called named or incorporate as well of and from all and singular rents services arrearages suits of Courts heriots reliefs duties customs and demands whatsoever at any time or times hereafter due payable or demandable or to be claimed and demanded as due out of for or by reason of the said premises or any part or parcel thereof by him the said G.C. his c. and them the said c. of c. or any of them as also of and from all and all manner of distresses penalties forfeitures entries titles of entries actions suits judgments executions troubles costs charges and other incumbrances whatsoever of for or by reason of any such rents services arrearages suits of Courts heriots reliefs duties customs or demands or ann of them whatsoever R. H. Covenants upon consideration thereof that he will pay 〈…〉 unto I. H. on the c. the sum of c. in full discharge of the purchase In consideration whereof the said R.H. for himself his c. doth Covenant c. to and with the said I. H. his c. by these presents That he the said R.H. his c. shall and will well and truly content and pay or cause c. unto the said I.H. his c. the sum of c. in manner and form following That is to say at or in the Feast-day of c. next coming after the Date hereof within the Utter Pentice of the City of Chester or at and in the place where the said Utter Pentice now standeth the sum of c. or at or in the Feast-day of c. which shall be in the year c. and within or at the place aforesaid the sum of c. for the last payment and residue of all and singular the same sum of c. and in full satisfation discharge and entire payment of the same for and in consideration of the full clear and absolute purchase of the said Messuage or Tenement and other the premises with all and singular their appurtenances in manner and form aforesaid according to the true intent and meaning of these presents † Covenants by Proviso That I. H. will seal and deliver as his deed unto R.H. upon every payment a sufficient discharge and acquitance Provided alwaies and neverthelesse the said I. H. for him his c. doth Covenant c. to and with the saith R.H. his c. by these presents That he the said I.H. his c. shall and will at and upon the request and demand of the said R.H. his c. and at and upon the proper costs and charges in the Law of the said R.H. his c. seal and deliver and lawfully tender and offer to seal and deliver as the Deed of him the said I H. his c. unto him the said R. H. his c. at and upon every payment or other sufficient satisfaction and discharge of every the said sums of c. so to him the said I.H. his c. to be had or made by him the said R. H. his c. as is aforesaid