the said T. R. his Executors or Administrators nor against their or any of their Goods Lands or Tenements But if default shall be made of any the said payments at the dayes and place aforesaid and other good satisfaction not given that then and at all times after the said E. C. his Executors Administrators or Assigns shall and may take his or their due course of Law upon the said Judgement in that behalf provided In VVitness c. A Defeazance upon a Iudgment THis Indenture c. between G. A. Gentleman of the one party and I. A. of L Inne in the County of M. Esquire and D. R. of W. in the said County of M. Esquire of the other party witnesseth That wheras the said I. A. and D. R. have confessed and suffered one Judgment of 120 l. debt and 16 s. 8 d. costs of Suit thereupon assessed unto the said G. A. in his Majesties Bench at W. this present term of St. M. as by the Records of the said Court it doth and mayappear Neverthelesse it is agreed by and between the said parties And the said G. A. doth by these presents his Executors and Administrators and every of them covenant and promise to and with the said I. A. and D. R. their and every of their Executors and Administrators that if the said I. A. and D. R. or either of them their or either of their Executors Administrators or Assigns do well and truly pay or cause c. unto the said G. A. his Executors Administrators or Assigns the full and whole Summ of 70 l. of lawfull c. in manner and form following viz 35 l. in or upon the Feast day of the Annunciation of our blessed Lady St. Mary the Virgin next ensuing the date hereof and 35 l. more residue of the said 70 l. in or upon the Feast-day of the tivity of St. Iohn the Baptist then next ensuing after the date hereof both severall payments to be made in or at the Middle-Temple Hall London That then the said G. A. his Executors or Administrators shall give sufficient warrant for the acknowledging of satisfaction upon Record upon the said Judgment and in the mean time the said G. A. his Executors nor Administrators shall not sue forth or prosecute any manner of execution upon the said Judgment against the said I. A. or D. R. their or either of their Executors or Administrators nor against their or either of their Lands Goods or Chattels But if default of payment shall be made of the said Summ of 70 l. or any part therof at the severall daies and place aforesaid that then the said G. A. his Executors Administrators or Assigns shall and may take his or their due course in Law upon the said Judgment in that behalf provided In witness c. A Defeazance upon an assignment of a Lease and a Recognizance for mony lent for certain years where after the rate of 10 l. per cent is yearly reserved payable during the Borrowers having of the money lent THis Indenture c. witnesseth that whereas the said A. B by his Poll Deed. dated c. hath given granted bargained sold assigned and set over to the said R W for the only use of the said R. and of his Executors and Assigns as well all that Messuage or Tenement with the Appurtenances c. as the Originall Lease thereof made and granted by the said J H c as by the Deed more plainly and at large may and will appear And where also the said A B by one Recognizance or Writing obligatory c. as by the said recognizance or writing obligatory doth appear And whereas moreover the said R W after the making sealing and delivery of the said Deed hath demised and and letten to farm all the said Messuage with the appurtenances to the said A to have and to hold the same to the said A and his assigns from the making of these presents for by and during the term of six years from thence next ensuing reserving thereof yearly to be paid during the said term to the said R W his Executors and Assigns 10 l of lawfull c on the fourth day of July and on the fourth day of January that is to say 5 l. on every of the said daies at the now Mansion house of the said R W scituate c between the houres c of every of the same severall fourth daies of J and J and charging the said A his Executors and assigns with the payment and performance of all other Rents payments Charges and Covenants otherwise to be born for or out of the Messuage and other the Premisses during the said term of six years yet nevertheless the said R. VV for him c. covenanteth c that if the said A be now at the ensealing and delivery of their presents so the owner and proprietor of the said Lease and term of years in the said Messuage and other the premisses now to come as that he hath lawfull and absolute Right to bargaine sell and assure the same to the said R VV in form aforesaid from all former bargains forfeitures and Incumbrances made by the said A. And further that if the said A B. his heirs executors administrators or assigns do as well content or pay cause c to the said R VV. his executors or administrators the said yearly Rent or payment oâ— 10 l yearly during the said term of six years in manner and forme aforesaid and do save and keep harmless the said R. VV his executors administrators and assigns of and for the yearly Rent and Covenants specified in the said originall Indenture of Lease made of the said Messuages and other the premisses to the said R. C as abovesaid and of and from all losses and damages to grow thereof as also do well and truly content or pay or cause c to the said R VV. his certain Attorney Executor or Administrator the Sum of 100 l. of lawfull c. at one entire payment on the sixth day of Ian which shall be in the year of our Lord according to the account c. 1581. between the hours c. at c. that then as wel the Deed and the grant bargain sale and assignment therin specified As also the said Recognizance or Writing Obligatory shall be clearly and utterly void and frustrate as the same or either of them had never been had or made the same Deed and Writing Obligatory or any thing in them or either of them contained or specified to the contrary in any wise notwithstanding And also the said R. VV. covenanteth c That when and as often as the said R. VV. his Executors or Administrators or any for him or them or by his or their or any of their appointment shall have or receive any payment of the said yearly Rent of 10 l. or any part therof according to the tenor and purport of these presents That then and so often upon reesonable request the said
us and either of us and for the Executors and Administrators of us and either of us with the said E. his Executors Administrators and Assigns by these presents That the said Mannors Lands and Premisses conveyed and assured by the said Fine and every part therof Covenant to free the premisses frâ—m incumbrances except before excepted are at the day of the date hereof and so shall continue to the said Earl his Executors and Assigns during the Term mentioned in the said Fine free and clearly exonerated and discharged or saved harmless by them the said I. and H. B. of and from all former Bargains Sales Charges and Incumbrances had made or done by us or either of us or by the said E. four Tenements or Farm-holds in R. aforesaid only excepted and fore-prised And wee the said I B. and H. B. doe further covenant and grant for us our Executors or Administrators with the said E. his executors and Assigns by these presents that it shall and may be lawfull to and for the said E. his Executors and Assigns to have hold and enjoy the said Mannors Lands and Premises conveyed and assured by the said Fine and every part and parcell thereof except before excepted for and during the term of years yet to come mentioned in the said Fine without any lawfull let or interruption of us or of either of us and without any lawfull let or interruption of any other person or persons lawfully having or claiming or which may hereafter lawfully have or claim any good lawfull Title or Interest in or to the said Mannors Lands and Premisses conveyed and assured by the said Fine or any part or parcel therof by from or under us the said I. and H. B. or either of us In witness c. AWARDS An Award in a Controversie between parties concerning the Administration of a Deceased's Goods TO all to whom this present Writing Indented of Award shall come H. T. Stationer W. N. Stationer A. H. Draper I. H. the elder Stationer L. H. Stationer I. H. Habadasher Cit of L. send greeting Where heretofore strife variance have been moved between A. C. Widow late wife of I. C. late Citizen and Stationer of L. deceased on the one party and G. C. Son of the said I. C. on the other party for and concerning the Goods and Chattels wherof the said I. C. dyed possessed intestate And for and concerning the right of the Administration of the Goods Chattels and Debts of the said Intestate And wheras for the appeasing of the strife and variance aforesaid and for a finall quietness to be had between the said parties they of their mutuall assents and consents did choose us the said H. T. c. Arbitrators to arbiter Award and judge of for and upon all and all manner of Actions Suits Quarrels Strifes Trespasses Debts Debates Accounts Variances Transgressions Offences Goods Chattels Wares Plate ready money Claims and all other Demands whatsoever which at any time or times between the said parties before the 15. day of this present moneth of Iuly have been had moved strived or depending in Suit or Controversie so as our Award Arbitrement Ordinance and Judgment in and upon the Premisses be made and given up in Writing before the 22 day of this present month of July as by the severall Obligations of the said parties bearing date the said 15. day of this present month of July wherin either of the saâ—d parties stand bound to the other in 500 l. of c. and the condâ—tions severally indorsed upon the same Obligations will appear And wheras we the said Arbitrators have taken upon us the charge of the same Arbitrement and have heard examined and plainly do perceive and understand the Controversies and causes of variance between the said parties and have therupon treated with the said parties and have by our travell brought them to a good accord and agreement Now by their own speciall means and by their mutuall consents and requests we do therof make and give up by this present Writing our Award Arbitrement Ordinance and Judgment in manner and form as followeth First we do award arbiter ordain and judge by these presents That the said A. C. shall clearly and freely on or before the 27. day of this present month of Iuly yeild and deliver to the said G. C. as well one Bed-stead a Trundle-bed a Press or Table and the Hangings in the Chamber where the said I. C. dyed As also all the Goods and Chattels which were of the said Intestates at the time of his decease comprised and mentioned in the Inuentory made of his Goods and Chattels by such as were appointed to praise the same unto the which Inventory the said Praisers have subscribed their names except such of the said Intestates Books as have been sold since the time of his death in the Shop of his Mansion house wherin he dyed or otherwise have been taken from thence without the knowledge of the said A. And except such other thing not exceeding the value of 5 l. of the Goods and Chattels aforesaid hapning to be imbezilled or taken away with the consent knowledge or procurement of the said A. for all and singular which the saâ—d Books and other things so being sold as aforesaid we do award that the said A. shall content and pay to the said G. the full value therof and of every part therof as the same are rated and prised in the Inventory abovesaid And further we do award arbiter or ordain and judge by these presents that the said A. shall also before the said 27. c. upon lawfull request by the said G. to be made deliver unto the said G. C. all Leases and Writings which were of the said J. C. at the time of his decease which are come to the hands or possession of the said A and especially the Lease of the Mansion house wherin the said I. C. died And the lease of the Yard therunto adjoyning and the Lease of those two new houses lately being in the tenure of the said J. H. and of one G. B. Stationer And the Lease of the house now or late in the severall tenures of R. I. T. S. and A. B. and of other things mentioned in the same Lease and the Lease of the houses now or late in the severall tenures of the said A. H. and R. P. and others and the Lease of the Garden which the said I. C. occupied lying over against the late Charter-house in the Suburbs of L. And the Lease of the Vault under P. Church and all Writings and Conveyances touching the same which came to the hands of the said A. And we the said Arbitrators do moreover award c. That the said A. shaâ—l forthwith give her consent and still from thenceforth agree permit and suffer that the said G. shall and may have the sole Administration of all the Goods Chattels and Debts which were of the said I. C. his Father at the time
testifying the receit of the same Money Pots and Goblet And moreover I the said H. do herby Award c. That the said G. his Executors Administrators at the only costs and charges of the said G his Executors or Administrators shall well and sufficiently at all times hereafter upon reasonable request to him or them to be made by the said R. his Executors Administrators or Assigns save and keep harmless the same R. his Executors and Administrators of and for all and all manner Actions Suits Costs Damages Judgments Executions and Demands which shall be had or brought against the said R. his executors or administrators by reason or means that the said R. did take upon him to be Executor of the said Testament of the said C. and also that the said G. shall pay for the Drawing and Ingrossing of these Presents to the Writer thereof 5 l. of c. And lastly I Award c. that either of the said parties their executors and administrators for their several parts shall from henceforth surcease from all further Suit and Suits and quarrels in Law whatsoever for any matter between them two had stirred or depending at any time before the c. date of the said Obligations to stand to this Award c. In witness c. The Forme of an Action Indented TO all true christian people to whom this present awarded Indenture shall come A. B. and C. D. send greeting in our Lord God Recital everlasting Know yee that whereas some variance and controversy hath heretofore been had and moved between E J of G. widdow late wife and Executrix of the last Will and Testament of T. F. deceased and R F. her son touching certain Goods and Chattells left demised given and appointed to the sâ—id R. F. by virtue of the said last Will and Testament of the said T. F his Father whereof the said E. tooke the sole Execution and probation for the appeasing and ending of which said controversy both the said parties by their mutuall assents consents and agreements have submitted compromitted and hereto fore become bound either to other by their severall bonds obligatory bearing date the c. in the summ of one hundred pounds to stand to observe perform fullfill and keep the Award Arbitrement Doom and Judgment of us the said A. B. and C. D. Arbitrators indifferently chosen between the said parties as by the said bonds obligatory and Conditions thereunto subsequent more at large appeareth Upon which submission we the said Arbitrators for the avoiding of further troubles and to cause peace love and unity between the said parties having seen and read and deliberatly considered of the said last Will and other writings having Relation to and dependancy on the same and having also heard the allegations proofs on both sides concerning the premisses duely weighed the circumstances thereof we the said Arbitrators having the consent of the said parties do the day of the date hereof make publish and declare this our award and judgement in the premisses in such manner and form as followeth That is to say And having set down the Award thus conclude And for the better testification and confirmation hereof we the said Arbitrators have to this our Award set our hands and seales the third day of May Anno Domini 1651. An Award in a Controversie growing by meanes of a Copartnership TO all to whom this present writing of Award shall come T. S. and S. B. c. send greeting in our Lord God everlasting Whereas heretofore there hath been divers strifes and variances moved and are yet depending between R. H. c. and I. C. c. Executors of T. C. late of L. Haberdasher deceased on the one party and H. B. c. on the other party for the appeasing and finall ending whereof the said parties of one assent and consent as doth appear and is recited in severall conditions of severall Obligations bearing date the tenth of this present Aprill which the said parties have interchangeably made sealed and delivered each to the other have named and chosen us the said T. S. c. their Judges and Arbitrators to award arbiter ordaine rule judge and determin of for upon and concerning all and all manner of actions as well reall as personall suits quarrells strifes variances costs damages and demands whatsoever had moved stirred or depending between the said parties in any manner of wise from the beginning of the World untill the day of the date of the said Obligation So that the same our Award Arbitrement Oâ—dinance and Judgment were had or made by us the said Arbitrators or any five of us and put in writing under our hands and seals ready to be delivered to the said parties or any of them requiring the same before the last day of Aprill next coming after the said date of the said Obligations as by the said Obligations with their severall Conditions on them severally endorsed may and will appear And for as much as we the said Arbitrators have taken the charge of the said Judgment and Arbitrement upon us and thereupon have deliberatly heard and examined all variances between the said parties and their allegations answers and proofs in that behalf alleadged made and produced do now thereof even this present day of the date of these presents make and give up in and by this present writing indented under our hands and seals our full and finall Award Arbitrement Ordinance and Judgment in manner and form following that is to Award say that whereas the said T. C. while he lived and the said H. B. were copartners and had joynt traffique together in divers things the accounts whereof we have seen and examined we do thereupon award arbitrate ordain and judge by these presents that the said R. H. and I. C. or one of them their Executors or Administrators shall well and truly pay or cause to be payd to the said H. B. his Executors c. the sum of c. of c. at c. that is to say c. and also wee do by these presents Arbitrate Award Ordain and Judge that the said H. his Executors and Administrators shall from time to time upon the reasonable request of the said R or I their Executors or Administrators consent suffer and agree that at the equal and indifferent costs and charges of the said R I and H and their several Executors and Administrators all and all manner of lawful Suits Actions Recoveries Judgements and Executions shall and may in the name and names of the said H his Executors and Administrators be had and pursued with effect against all and every person or persons of and upon the Books of the said accounts and all and every Bond or Bonds or Specialty whatsoever which the said H hath of or touching all or any the debts specified in the Scedule to these presents annexed and that all and every the profits commodities and advantages whatsoever to be had or
of lawfull c. for the performance of all and singular the Covenants Grants Articles Clauses Sentences and Agreements specified in the said former Indenture on the part of the said I. C His Heirs Executors Administrators and Assigns to be performed As by the said Recognizance remaining of Record before our said Soveraign Lady the Queen in her Court at Westminster commonly called the Kings-Bench and the Condition therof more plainly and at large may and doth appear Now the said Sir V. B. for very good and reasonable considerations him therunto moving hath granted assigned and set over unto the said G. T. his Executors Administrators and Assigns as well the said Recognizance and sum of money therin specified As also all and singular Forfeitures Recoveries Advantages and Commodities whatsoever which at any time or times can or may be lawfully had or taken by reason or means of the said Recognizance or of any Judgment therupon given or to be given or of any execution therof to be had And the said Sir V. B. for him c. covenanteth c. in form c. That is to say That he the said Sir V. his Executors and Administrators and every of them from henceforth from time to time and at all times shall and will agree permit and suffer the said G. T. his Executors Administrators Substitutes and Assigns at their own costs and charges to sue and prosecute in the name and names of the said Sir V. his Executors and Administrators all and singular Writ and Writs Proces Judgments Recoveries Extents and Executions without any time can or may be lawfully had or pursued for or upon the said Recognizance or any Judgment thereupon given or to be given against the said I. C. his Heirs Executors Administrators or Assigns or against any other person or persons whatsoever And also that he the said Sir V. his Executors and Administrators upon every reasonable request of the said G. T. his Executors Administrators or Assigns and at the costs and charges of the said G. his Executors or Administrators shall and will make seal and deliver to the said G. T. his Heirs Executors Administrators and Assigns such Letter and Letters of Attorney for the suing of the said Recognizance and recovery of the sum of money therin specified as at any time shall be needfull And also at the like request and costs and charges aforesaid shall and will avouch and allow of all and every the said Suits Proces and other the Premisses And shall not wittingly at any time or times do or knowledge any act or acts thing or things which shall hinder let or stay any of the said Suits Proces Judgments Recoveries Extents or Executions aforesaid And also that the said G. T. his Executors Administrators and Assigns may from time to time have hold and enjoy to their own uses all and singular such Goods Chattels Lands Tenements Rents Reversions and Hereditaments as shall be had or taken in execution of the said Recognizance or any Judgment therof given or to be given and all other Advantages Forfeitures and Benefits which at any time shall or may be lawfully gotten or recovered by means therof without any let claim disturbance or impediment by or with the consent and will of the said Sir V. his Executors or Administrators and without any account therfore or for any part therof to be made or to be given to the said Sir V. his Executors or Administrators And also that after Execution shall be had of the said Recognizance or of any Judgment therof given or to be given That then at all times during the space of two years then next following the said Sir V. his Executors and Administrators upon every reasonable request to them made by the said G. T. his Executors Administrators or Assigns and at the costs and charges of the said G. T. his Executors Administrators or Assigns shall and will grant convey and set over unto the said G. T. his Executors Administrators and Assigns or to such other person or persons as the said G. his Executors Administrators or Assigns shall name and appoint all and singular such Goods Chattels Lands Tenements Rents Reversions and Hereditaments aforesaid as shall be had or taken in Execution as aforesaid without retaining or account requiring therof or of any part therof to the said Sir V. his Executors or Administrators And also that the said Sir V. heretofore hath not And that he his Executors or Administrators hereafter shall not release acquit or discharge the said I. C. his Heirs Executors Administrators or Assigns or any of his or their Feoffors or any of their Lands Tenements Goods or Chattels or any of their persons of or for any of the Covenants Articles or Agreements contained in the said former Indenture neither of or for the said Recognizance or sum of mony therin specified or any part therof or any Proces Extent Judgment or Execution therfore had or sued or to be had or sued without it be at and by the speciall request and agreement of the said I. his Executors Administrators or Assigns first therfore made and given to the said Sir V. in writing under his or their hands or Seals And also that the said Sir V. his Executors and Administrators and every of them at any time hereafter at the request and costs and charges of the said G. his Executors Administrators or Assigns shall and will do make knowledge and suffer all and every lawfull and reasonable act and acts thing and things in the Law which shall be needfull for the making void and discharging of the said Recognizance and such judgments and executions as be or shall be had or given upon the same And the said G. T. covenanteth c. That he the said G. his Executors Administrators or Assigns at their own costs and charges from time to time shall and will save and keep harmless the said Sir V. his Executors and Administrators and every of them of and for all and singular such Issues Amerciaments Fines Costs and Charges whatsoever as shall happen to be due or payable for or by reason of any Writ or Writs Proces or Judgments to be had in any Suit to be attempted for and in the name of the said Sir V. his Executors or Administrators by the means or appointment of the laid G. T. his Heirs Executors Administrators or Assigns or any of them for and about the said Recognizance or sum of money therin specified or any part therof In witness c. An Assignment of a Statute THis Indenture made between R. M. Esquire on the one party and I. G. on the other party witnesseth wheras W. B. of H. by his Recognizance or Writing Obligatory bearing date the 25th day of July the 3. and 4. years of the Raign of P. and M. late King and Queen of England taken and knowledged before Sir R. B Knight then Lord chief Justice of the Common Bench at Westminster according to the form of the
Statute in that case made and provided did become bound to the said R. M. in 200. Marks of lawfull c. to have been paid now long since as by the said Recognizance appeareth The sayd R. M. for good and speciall causes and considerations him moving hath given granted and delivered and by these presents doth clearly and absolutely give and grant unto the said I. G. the said Recognizance or Writing Obligatory with all Forfeitures Advantages and Commodities therof or therby to be had or taken And also the said R. M. for him his Heirs c. covenanteth c. in form c. that is to say That the said Recognizance now is and standeth clearly forfeited in the Law unto the said R. M. And that he the said R. M. his Executors and Administrators and every of them from henceforth shall and will permit agree and suffer that the said I. G. his Executors Administrators Substitutes and Assigns at their own costs and charges may from time to time sue and prosecute in the name and names of the said R. his Executors and Administrators all and all manner of Writ and Writs Proces Extents Suits Judgments and Executions whatsoever which may be lawfully had sued or prosecuted for or by reason of the said Recognizance either against the said W. B. his Heirs Executors or Administrators or against any other person or persons their Goods Chattels Lands and Tenements or any of them And that also the said R. M. his Executors and Administrators shall and will upon reasonable request and at the costs and charges aforesaid avouch and allow all and every the said Suits Proces and other the Premisses and shall not witingly at any time or times hinder let or stay the said I. G. his Executors Administrators Substitutes or Assigns to go forward and prevail in the same Suits and Proces and other the Premisses or in any of them And that the said I. G. his Executors Administrators and Assigns may have hold take and enjoy to their own uses all and singular such Goods Chattels Lands and Tenements as shall be delivered in execution upon the said Recognizance or otherwise by reason of the same And all other benefits and advantages therby or by any means therof to be had or recovered without any let disturbance of the said R. M his Executors or Administrators and without any account therof or be made or given to the said R. his Executors or Administrators at any time And further that when and after such time as any execution shall be had as aforesaid That then the said R. M. his Executors and Administrators and every of them for and against themselves upon any reasonable request to them or any of them therefore to be made shall and will from time to time grant bargaine sell and set over unto the said I. G. his Executors Administrators or to such other person or persons as the said I. his Executors or Administrators shall in that behalf name and appoint all such Goods Chattels Lands Tenements and other profits whatsoever as shall be so had and delivered in execution of the said Recognisance or otherwise as aforesaid to be had and enjoyed accordingly during the same execution without any profit or benefit to be retained or account thereof to be made to the said R. his Executors or Administrators in any wise And moreover that he the said R. his Executors or Administrators hereafter shall not release acquit or discharge the same Recognisance or summ of money aforesaid or any part thereof or any manner of Writ Process Suite Judgment or Execution to be had of or for the said Recognisance or summ of money or any part of the same without the special Request Consent and Grant of the said I. his Executors or Administrators to be made and given to the said R. his Executors or Administrators by Writing to be Signed and Sealed with the hand or hands of the said I. his Executors or Administrators And the said I. G. Covenanteth c. That he the said I. his executors administrators or assigns shall and will from time to time at their own costs and charges bear satisfie and pay to our Soveraign Lady the Queen and to her Officers all and singular such Fines Issues Amerciaments and summs of money whatsoever as shall be due or payable for or by reason of all and singular Writs Suits or Process to be had or sued for or upon the said Recognisance by the said I. his executors administrators or assigns in the name or names of the said R. his executors or administrators Or else that he the said I. G. his executors administrators or assigns shall and will from time to time and at all times well and sufficiently save and keep harmless the said R. his heirs executors and administrators and every of them of and from all and every the said fines issues amerciaments and summs of money aforesaid and every part thereof as well against our said Soveraign Lady the Queen and her Officers aforesaid as against all and every other person or persons whatsoever In witness c. An Assignment of a Lease in Reversion from her Majesty well passed THis Indenture made c. between T. W. c. on the one party and R. M. c. on the other party witnesseth That whereas our Soveraign c. by her Graces Letters Patents under the Seal of her Majesties Court of Exchequer dated c. hath demised and to Fermletten to one R. B. all that her Highness parcel of wast ground c. To have c. to the said R. B. c. from the Feast of the Annuntiation c. then last past unto the end of the term of one and twenty years from thence c. yeelding c. as by the said Letters Patents c. And where also our said Soveraign c. by her Highness Letters Patents under the great Seal of England bearing date at W. c. for considederation in the same Letters Patents expressed hath demised c. to the said T. W. his Executors and Assigns amongst other things all that her parcel of wast ground c. To have and to I old the said Lands Tenements c. unto the said T. W. his Executors and Assigns from the time that the said Letters Patents and Demise therof to the said R. B. as aforesaid made by Expiration Surrender Forfeiture or Determination thereof or by any other means whatsoever first and next should happen to be void ended and determined unto the end of the term of thirty years from thence c. lyeelding c. as by c. Now this Indenture further witnesseth That the said T. W. for and in consideration of a certain summ c. whereof c. hath bargained sold aliened assigned and set over And by these presents c. unto the said R. M. his Executors Administrators and Assigns all the Interest estate and term of thirty years to him the said T. W. by the said Letters Patents
date the fifth of July c. Did Demise c. to the said E. N. all that Messuage or Tenement called the Sign of the Falcon c. Scituate c. except and reserved out of the said Lease c. to have c. yeilding c. as by c Now the said E. N. Assignment for and in consideration of the sum c. whereof c. hath bargained sold assigned and set over and by these Presents c. unto the said R. B. as well the said Indenture of Lease as also all the Estate Right Title Interest Use Possession Reversion term of Years Claim and Demand whatsoever which he the said E. N. hath or ought to have to of or in the said Messuage or Tenement Shops Cellars Sollers Ware-houses and to of and in all and singular other the Premisses with the appurtenances and to of and in every part and percel thereof together with all Rents and yearly Profits reserved upon any Demise Lease or Grant which the said E. hath made of the Premisses or of any parcel thereof To have and to hold all and singular the Premisses Habeâ—d before by these presents bargained sold assigned and set over unto the said R B his Executors administrators and assigns from the day of the date of these presents for and during and unto the full end and accomplishment of all the residue of the years that are now to come and unexpired of the said term of thirty years in as large and ample manner and form in every respect as the said E. may can might should or ought to have and enjoy the same by vertue of the said Indenture of Lease or by any other wayes or means whatsoever And the said E N Covenanteth c. that the said Messuage or Covenant to discharge of Inâ—umbrances Tenement Shops Cellars Sollers Ware-houses and all and singular other the premisses with their appurtenances and every part and parcel thereof at the ensealing and delivery of these presence are and be and so from henceforth lawfully may be remain and continue unto the said R B his executors and assigns for and during all the residue of the said term of thirty years that are now to come and not expired free and clearly acquitted exonerated discharged or otherwise by the said E N his executors or assigns at all times saved or kept harmless of and from all and singular former Bargains Sales Gifts Grants Leases Rents arrerages of Rents Re-entries Forfeitures and of and from all and every other charges troubles and incumbrances whatsoever had made committed or done by the said E. or by any other person or persons by or under his Estate Right or Interest the foresaid yearly rent of c. reserved by the said Indenture of Lease and other Exception the Covenants Grants Articles and Agreements in the same Lease contained which on the part and behoof of the said E. his executors administrators and assigns and every or any of them from henceforth are or ought to be paid observed performed and kept And also one Lease which heretofore the said E. hath granted by his Deed indented bearing date c. to I W c. of a Shop percel of the premisses for the term of c. which did commence at the Feast c. next insuing the date of the same Lease and upon which Lease the yearly rent of 6 l. of lawfull c. is reserved and during the continuance therof from henceforth shall be due and payable to the said R. B and his Assigns for any act had made or done by the said E N only except and foreprised And further the said E N Covenanteth c. in manner and form following that is to say That he the said R B his executors administrators and assigns at his and their own proper costs and charges without any Nonsute Release Retraxit or other Let Prejudise or Interruption of him the said E. his Executors Administrators or Assigns not only shall and may have pursue and maintain in the name of the said E. his Executors or Administrators all and every Action and Sute Judgment and Execution upon all and every Bond Covenants Grants and Agreements whatsoever made unto him the said E. touching or concerning the Premisses or any part thereof but also that he the said R. his Executors and Assigns shall or may have and enjoy the full effect advantage and commodity of all and every such Bond Covenant Action Sute Judgment and Execution to his and their own use for any Deed or Thing whatsoever had made committed or done or to be had c. by the said E. his Executors or Administrators And that he the said E. heretofore hath not released discharged or acquitted or his Executors or Administrators shall not release c. hereafter any the Covenants Grants Agreements or Bonds aforesaid without the request and consent of the said R. B. his Executors Administrators or Assigns And for the better prevailing in all and every the Sutes Judgments and Executions aforesaid shall and will avouch and allow of all and every the said Sutes Judgments and Executions which the said R. his Executors Administrators or Assigns shall bring and presecute against any person or persons upon any the Covenants Grants Agreements and Bonds aforesaid or any of them either in the Name or Names of the said E. N. his Executors or Administrators or To save the Assignor from all rents c. any of them and the said R. B. Covenanteth c. That he the said R. his Executors Administrators and Assigns shall at all times hereafter and from time to time clearly acquit discharge save and keep harmless the said E. his Executors and Administrators against the said A. M. his Heirs and Assigns and all others as well of and for the payment of the said yearly rent of c. reserved by the said Indenture of Lease which from henceforth shall grow due to be paid by vertue of the same Indenture as also of and for all and every Covenant Grant Article and Agreement comprised or specified in the said original Indenture of Lease which on the party and behalf of the said E. his Executors Administrators and Assigns and every or any of them from henceforth shall of right accrue or grow to be performed or kept according to the purport and true meaning of the said Indenture of Lease and also of and from all and every Bond and Specialty made by the said E. to the said A. M. for performance of the Covenants Grants and Agreements comprised in the said original Indenture of Lease And the said E. N. Covenanteth c. That he the said R. his Executors Administrators and Assigns shall or may have hold and enjoy the said Messuage c. and all other the Premisses above by these presents bargained and sold for and during all the residue of the said term of c. now to come and not expired by and under the payment of the
of his decease And also we do further award c. That the said G. and the said G. B. and J. H. joyntly and severally before the 27. day c. shall make seal and deliver as their Deed to the said A. at the now Mansion house of the said H. T. five severall Obligations sufficient in the Law wherin they shall joyntly and severally stand bound to the said A. for the payment of 350 l. of lawfull c. well and truly to be paid to the said A or her Executors at the said now Mansion house of the said H. T in form as followeth for a full satisfaction and recompence of all such part and portion as the said A. should or might have of all the Goods and Chattels which were of the said I. C. which are specified in the said Inventory or in these presents the bond or penalty of the first of the said Obligations to be of 120 l. for the payment of 100 l. at or before the Feast of Saint Bartholmew the Apostle next c. the second to be of c. the third c. and the fourth to be c. for payment c. in the Feast c. in full payment of the said sum of 350 l. And also we do award that if at any time hereafter any more or further Debt or Debts shall be demanded and without fraud or covin lawfully recovered by Judgment or decree against the said B. his Executors or Administrators being due or owing to the said I C. over and beyond those debts mentioned set down expressed in a Scedule indented to these presents annexed amounting together to the sum of 321. 6 s. 2 d. That then the said A her Executors and Administrators shall upon reasonable request allow content and pay to the said G his Executors or Administrators toward the payment of all and every debt and debts so to be recovered over and beyond the said debts amounting to the said sum of 321 l. 6 s. 2 d. three parts of the same debt so to be recovered in seven parts to be divided together with the like three parts into parts to be divided of all such costs and charges as the said G his Executors or Administrators shall reasonably sustain in or about the defence in any Suit or Action to be brought against the said G. his Executors or Administrators upon the demand of any such Debt or Debts which was owing by the said J C and being none of the Debts contained in the said Scedule above specified And further we do award that the said G after the delivery and yeilding up of such the Goods Chattels Leases or Writings as are before limited appointed or awarded to be yeilded up and delivered by the said A or any of them shall make and deliver unto the said A or her Assigns a sufficient acquittance or other sufficient Writing under his hand and seal of all such Goods and Chattels Leases and others so to be received or delivered as aforesaid And further we do award and judge by these presents that the said G. and his Executors without his or their claim or molestation shall permit and suffer the said A to have and enjoy to her own use as well all the wearing Apparrell belonging to her body as also all that Furniture of her loding Chamber Jewels and Rings of Gold Stone and Plate hereafter particularly mentioned in these presents that is to say In witness c. Dat. An Award between Executors at strife about their Testators goods TO all to whom this present Writing of Award indented shall come H. K. sendeth greeting in our Lord God everlasting wheras lately heretofore Suit and Variance was had and moved between R. K. c. on the one party and G. K. c. on the other party for and touching the Execution of the last Will and Testament of one C. P. late of L. widow deceased ordained and made the said R. and G. her Executors of her said last Will and Testament for the final ending wherof and of all other controversies betwixt the same parties they have submitted themselves to the Award arbiterment and Judgment of me the said H. K. in such sort and maner as by several Obligations of 50 l. a peece in that behalf made by either of the said parties to the other of them dated c. with their several conditions upon them endorsed plainly may appear The charge and business of which said Award and Arbitrement I the said H. K. have taken upon me and have throughly heard and considered of all the Controversies between the said parties and of their Allegations Declarations and Answers on both sides And now I do by these presents make and give up mine Award Arbitrement Award final End Order and Judgment of and upon the same premisses between the said parties in form c. viz First I do Award Order and Judge by these presents that the said G. K. and his Execucutors shall permit and suffer the said R. K. to have and enioy to his own use that mourning Gown and Hood which he had after the decease of the said C. P. against her Burial And also that the said G. his Executors Administators or Assigns shall on the tenth day c. between the hours c. pay or cause to be paid to the said R K. his certain Atturney Executors or Administrators at the now dwelling house of c. the sum of c. and then and there also shall clearly and freely give and deliver to the said R. his Executors Administrators or Assigns two Pots and a Goblet of Silver and guilt poize 29. ounces which late was of the said C. P. And I do further Award c. that the said R. his Executors or Administrators shall not at any time hereafter either deale or intermeddle with the Execution of the last Will and Testament of the said C. P. or claim take or challenge any of the goods or chattels which were of the said C. other then only the Pots and Goblet aforesaid or receive take acquit and discharge any debt or duty which was owing and growing towards the said C. whilst she lived And also that the said R. K. his Executors Administators and Assigns from time to time and at all times hereafter shall agree permit and suffer that the said G. his Executors and Administrators shall and may peaceably and quietly have and take and by all lawful means recover and enjoy all and singular the goods chattels and debts which were of the said E. at the time of her decease other then only the said Pots and Goblet without any Let Claime or Impediment of the sald R. his Executors or Administrators And also that the said R. his Executors or Assigns upon payment and delivery to him or any of them made of the sum of Money Pots and Goblet aforesaid in form aforesaid shall deliver or cause c. to the said G. K. his Executors or Administrators one sufficient acquittance
of in and to all the said Capitall Messuages or Tenements and other the Premisses to him demised as is aforesaid for and during the said term of 21. years The said F T. shall permit and suffer the said W. L. and W. B. to pursue and bring the Queens Majesties Writ of Right Patent out of the Queens Majesties Court of Chancery against the said F. T. to be directed to the Mayor and Sherifs of the City of L upon which Writ of Right Patent accordng to the cumstom of the said City of L. for passing of common Recoveries with Voucher the said W. L. and W. B. shall demand against the said F. the Capitall Messuage or Tenement and other the Premisses by the name of one Capitall Messuage and one Garden with the appurtenances scituate lying and being in B. Street neer B. Gate of L. unto which Writ the said F. by himself or by his sufficient Attorney shal appear and upon defence shall vouch over to Warranty the common Vouchee wherupon Recovery Judgment and Execution may be had according to the course and order of common Recoveries with Voucher used within the said City And it is by these presents covenanted granted expressed condescended declared and agreed between all and every the said parties that they the said W. L. and W B and their Heirs from and immediatly after Judgment and Execution in form aforesaid had shall stand and be seised of all the said Messuage or Tenement and Garden with the appurtenances and every part therof and also the said Recovery therof shall be to the severall uses and intents hereafter in these presents mentioned and to none other use or intent That is to say to the use of the said J T. during her naturall life without impediment of any manner of Wast and after her decease to the use of the said F. T. and of the Heirs Males of his body lawfully begotten And for default of such Issue to the use of R. T. Citizen c. and of the Heirs Males of his body lawfully begotten And for default of such Issue to the use of J. S. and of the Heirs of the said I. lawfully begotten And for default of such Issue to the use of the Right Heirs of the said F. T. for ever and to none other use In witness c. An Indenture tripertite for setling Lands upon a Marriage THis Indenture tripertite made c. between Ran Darenpart of the first part and Rog Wigston of Wolston c. of the second part then are six Feoffees of the third part witnesseth That for and in consideration of a Marriage by the Grace of God to be had solemnized between Will Da. Son and Heir apparant of the said Ran. Da and Eliz. Wigton eldest Daughter and one of the Heirs apparant of the said Roger W and for and in consideration that all and singular the Mannors Messuages Lands Tenements Rents Services Annuities Rectories Parsonages Advowsons and Hereditaments of the said R. D. may come be remain and continue to all and every person or persons to whom the same or any of them hereafter are limited of and in such Estate under such Proviso Condition Limitation Restraint and Liberty and in such manner and sort as hereafter in these presents is likewise limited and specified according to the true intent purpose and meaning of the said Ra. Da. and also of the said Roger W. It is covenanted granted concluded and agreed by and betwixt all the said parties to these presents and every of them with other by these presents doth covenant c. in manner and form following that is to say First the said R. D. for him his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said R. W. his Heirs Executors and Administrators and to and with every of them by these presents that before or at the fiâ—st day of M. next ensuing the day of the date of these presents the said Will. Da. the Son by the Grace of God shall marry and take to his wife the said Eliz. Wig. if she the said Eliz. will therunto consent and agree and the Laws Ecclesiasticall of the Church of England the same will permit and suffer And the said R. VV. for him his Heirs c. doth covenant c. to and with the said R. D. his Heirs c. and to and with every of them by these presents that she the said Eliz. VVig before or at the first day of c. by the Grace of God shall marry and take to her Husband the said VV D if the same VV. will therunto consent c. And moreover the sad R. D. for him his Heirs c. doth covenant c. to and with the said R. VV. his heirs c. that he the said R. D. now is and at the time of the making and executing of the first Estate which shall hereafter be had or made to the said Gef Shakerlax c. then naming of the Feeoffees of and in all and singular the Mannors Lands Tenements and Hereditaments of the said R D according to the Covenants in these presents comprised shall be sole seised in his own right and to his own use and behoof as of Fee-simple or Fee-tail generall or speciall without any condition or restraint of alienation of and in all that the Capitall Messuage or Mannor house with the Appurtenances in Henbury alias Henbury Pextall in the said County of Chester commonly called the Hall of Henbury and of and in all and singular Lands Tenements c. to and with the same Messuage or Mannor house now or at any time heretofore within the space of 40. years last past usually occupied and accepted reputed and taken as the Demesne Lands therunto belonging set lying and being in Henbury aforesaid And also of and in one Water Corn Mill with the appurtenances in Henbury aforesaid commonly called c. except the Estate of K. D. Mother of the said R D then fallow the grounds excepted heretofore assured to and for parcell of the joynture of the said K. for term of her life And also except the Estate of one R. D of and in nine acres or therabouts parcels of the Demesne of the said Mannor of Henbury which he holdeth for term of his life And also shall be sole seised in his own Right of and in all that the Capitall Messuage or Mannor house with the appurtenances in B. in the said County of Chester commonly called the Hall of Oyts and of and in all and singular Lands Tenements and Hereditaments to and with the same Messuage now or at any time heretofore within the space of 40. years last past usually c. set lying and being in Bredbury aforesaid And also of and in one Water Corn Mill with the appurtenances in B aforesaid commonly called c. And also of and in all those his Mannors of Bredbury Romney and Wryneth with their Appurtenances And moreover of and in all
as aforesaid and every of them and every part and parcell therof now are and so shall from time to time and at all times c. except the Rents and Services from henceforth to be due and payable to the â—hief Lord or Lords of the Fee or Fees therof the Title of Dower of A. now wife of the said E. S. and all Conveyances Assurances Acts and Things whatsoever in these presents covenanted and permitted to be made or done by the said E S. and such Leases or Promisses of Leases as have been made by the said E. S. before And further likewise that he the said E. S. and the Heirs and Assigns Further assurance of the said E. and every of them shall and will well and truly at all and every time and times hereafter during the term of c. make do knowledge suffer execute and accomplish and cause to be made done knowledged suffered executed and accomplished all and every such further act and acts thing and things conveyance and conveyances assurance and assurances in the Law whatsoever be it or they by Fine or Fines with Proclamations Recovery or Recoveries with single or double Voucher or Vouchers Deed or Deeds to be lawfully and perfectly executed or any other way or means whatsoever be it by matter of Record or otherwise as by the said J. O. his Heirs or Assigns or his or their Councell learned in the Law shall be lawfully and resonably devised advised or required for the further better and more perfect assurance surety sure making conveying and assuring of the said Mannors Messuages and Premisses with the appurtenances to such severall uses intents purposes conditions limitations provisoes matters agreements and things as before in these presents are expressed set soth limited declared or appointed of the said Premisses and every or any part of parcell of the same and to no other uses intents purposes or meanings in any wise And wheras the said E. S. is and at this present standeth possessed for For Tithes the term of many years yet enduring of and in all the Tithes of Corn Grain and Hay yearly coming growing encreasing and renewing of or within the Town Town-ships Feilds Hamlets or Teritories of c. within the said County of L. and of the Tithe-barn of H. aforesaid and of all other Tithes whatsoever belonging unto or usually joyned in the said Tithe-barn of and also of and in the Rents reserved upon any Lease or Leases made of the said Premisses or of any part therof Now the said E. S. for himself c. doth covenant grant and agree to and with the said I. O. his c. by these presents that all such part of the said term or terms of years and interest of and in the said Tithe-barn and Tithes and Premisses as the said E. S. now hath which he the said E. S. shall not hereafter grant demise let or bequeath to any person or persons by his Deed or Deeds under his hand or Seal or by his last Will and Testament in Writing shall after the decease of the said E. be conveyed remain come and be to the said A. to his own use for the better maintenance of the Hospitality and House-keeping by the said A. S. at S. aforesaid Provided alwaies and neverthelesse it is the true intent and meaning Revocation of part of all the said parties to these presents that if the said E. S. be minded or determined at any time during his naturall life to alter and determine the State and Estate limitted in use in such sort as is aforesaid to the said T. S. and the Heirs Males of his body lawfully begotten and for default of such Issue to the said I. S. for term of his life without Impeachment of wast and after his decease to c. and shall also by his deed Indented at any time hereafter to be made between the said E. S. of the one part and the said R H. T T. or the Survivor or Survivors of them on the other part or by his last will and testament in writing under his hand and seale declare and limit the same or such other vses as shall so seem meet and convenient to the said E. S. That then and from thenceforth the said Estates and uses limited and appointed before by these presents to the said T. S to cease determine and to be utterly voyd as though the same had never been had made limited or appointed And that then and from thenceforth the said Estates and Convevances before mentioned and every of them shall be and that they the said R. H. T. T. and their Heirs and the Survivor and Survivors of them and his and their Heirs shall stand and be seised of the said Mannors Messuages Lands Tenements and Premisses and every part therof to all the uses and intents afore mentioned in such sort manner form course and degree as the same are before expressed the uses before limited to the said T. S. and the Heirs Males of his body only excepted and afterwards to such new and other uses and for such Estate and Estates as shall be by the said Deed indented last before mentioned or by the said last Will and Tastament limited and appointed by the said E. S. to the said T. S. I. S. or to any of them or to any other person or persons neverthelesse charged and chargable with such Rents Payments and other matters as are before mentioned In witness wherof c. Judgment of Covenants of Marriage for assuring a Joynture THis Indenture made c. Between the Right Honourable Sir W. C. Knight of the most honourable Order of the Garter Baron of B. Lord high Treasurer of England of the one party and the Right Honourable E. d'V Earl of O. Lord great Chamberlain of England Viscount B. and Lord of B. and R. of the other party witnesseth That the said Earl for and in consideration of a Marriage already Consideration had and solemnized between him the said Earl and the Lady now his wife Daughter of the said Sir W. C. and for and in consideration of the Sum of 3000 l. of c. to him c. And for a competent Joynture to be had to the said Lady A now Countesse of O. doth covenant and grant for him his Heirs Executors and Administrators to and with the said Sir W. C. his Heirs Executors and Administrators in manner and form following That is to say That he the said Earl or his Heirs before the Feast of All-Saints next ensuing the day of the date hereof shall and will at the costs and charges in the Law of the said W. C. his Heirs Executors or Administrators sufficiently assure and convey by Fine or Fines Recovery or Recoveries in due form of Law to be levied and suffered unto the Right Honourable Sir J. D. Knight Lord D. of C. T. C. Sir W. F. W. Knight and H. G. Esquire and to their Heirs or to the Heirs of
for the same tenement in Flagg as is formerly in or by these presents limited or appointed In witnesse c. An Indenture of Covenants to levy a Fine and suffer a Recovery in Ancient Demesne THis Indenture tripartite c. Between F. C. of the first party R C and T. B of the second party and I. H. and F. P. of the third party witnesseth that it is covenanted condescended and agreed unto by and between all and every the parties to these presents in manner and form following that is to say That whereas the said F. C the day of the date of these presents is lawfully seised in his Demesne as of Fee-tail to him and the Heirs males of his body of and in divers Messuages Lands Tenements and Hereditaments within the Liberty of Havering at Bower in the County of Essex hereafter in these presents particularly mentioned and expressed and being now fully resolved and determined how and in what manner his said Messuages Lands Tenements and He editaments should be established and continued hereafter by the Grace of God in the name of the Parties hereafter mentioned being of his blood and alliance he the said F. R. as well for the considerations aforesaid as also for the better maintenance of M. C. his mother and for divers other good causes and considerations the said F. G. hereunto especially moving doth for himself and his Heirs covenant grant and agree with the said R. C. T. B. I. H. and F. P. and to and with every of them their and every of their Heirs Executors and Administrators by these Presents that he the said F. C. at his own proper cost and charges in the Law before the thirtieth day of September next ensuing the date of these presents shall and will in due form of Law acknowledge and levy one or more Fine or Fines in the Court of ancient Demesne within the said Liberty of Havering at Bower according to the course and common usage for levying of Fines for lands and Hereditaments within the said Liberty unto the said R C and T B. and the heirs of the said R. of all that Messuage c. And it is further covenanted condescended and agreed unto by and between all the said parties to these presents that the said Fine or Fines so to be levied and acknowledged as aforesaid by the said F. C. to to the said R. C. and T. B. and the Heirs and Assigns of the said R. shall be levied and acknowledged by the name of three messuages three gardens forty acres of Land twenty acres of pasture forty acres of Wood and fifty acres of Furze and Heath and one hundred shillings Rent with the Appurtenances in Havering at Bower R. and H. or by such other name or names as shall be thought meet and that the said Fine or Fines so to be had and levied of the said Premisses shall enure and be adjudged deemed and taken to be that the said R. C. and T. B. and the heirs and Assigns of the said R. from and immediatly after the levying and engrossing of the said Fine and Fines shall stand and be seised of the said Messuages Lands Tenements and Hereditaments and of every part and parcell thereof with their and every of their Appurtenances to the use of the said R. C. and C. B. and their Heirs shall stand and be adjudged perfect Tenements of the Freehold of the said messuages Lands and Premisses and of every part and parcell thereof with their and every their Apurtenances untill a perfect Recovery according to the usuall course of common Recoveries for Assurances of Lands Tenements hereditaments within the said Liberty of Havering at Bower shall and may be lawfully had and executed against the said R. C. and C. B. and their heirs of the said messuages Lands and Premisses And it is further covenanted condescended and agreed unto by and between all the parties to the presents that the said I. H. and F. P. or any other person or persons which the said F. C. shall nominate and appoint shall and may at the Costs and Charges in the law of the said F. C. before the said day of next insuing the date thereof purchase one or more writ or writs of Right Close directed to the Judges Bayliffs or others that have power to hold Plea in suits reall arising within the said Liberty and shall prosecute the writ or writs in the same nature of his highnes writ or writs of entry Sur Desseisin Sur le post at the common law after the manner and course of common Recoveries there used and accustomed against the said R C. and T B. whereby they shall demand against the said R. C. and T. B. by the name or names and quantity or quantities of acres in the said fine or fines to be contained or by any other name or names quantity or quantities whatsoever the said Messuages Lands Tenements Hereditaments and premisses with their and every their appurtenances before mentioned to be scituate lying being within the said liberty of Havering at Bower unto which writ or writs the said R. C. and T. B. shall appear in their proper persons or by their Attorney or Attornies lawfully and sufficiently authorized who shall vouch to warranty the said F. C. and that the said F. C. shall appear upon the said voucher in the said court in his proper person or by his Attorney lawfull authorized by the course and custom of the said court and shal vouch to warranty the common vouchee and that the said common vouchee appeare and imparl and afterwards make default wherby a perfect Judgment may be had and given for the said demandants in the writ or writs against the said R. C and T. B. for the said recovery of the said Messuages Lands Tenements and premisses and upon the said Recovery so to be had and made against the said R. C. and T. B. that they the said R. C. and T. B. shall recover in value against the said F. C. and the said F. C. shall thereupon have judgement to recover in value over against the said common vouchee after and according to the manner and course of common Recoveries in such Cases used in the court of the said liberty of Havering alias Bower and it is fully covenanted condisended and agreed unto by and between all the said parties to these presents and all the said parties for themselves and their severall Heirs do severally covenant and agree to and with the others of them and with their severall Heirs that the said Recovery and Recoveries and the said Fine and Fines after the said Recovery and Recoveries shall be had and executed and the full execution therof of for and concerning the Premisses therin to be contained shall be and enure and be adjudged deemed expounded and taken to be and enure that the said Conuzees and their Heirs and the said Recoverors and their Heirs and all and every other person and persons which shall then be
as touching or concerning all the said Mannor c. or touching some or any part thereof that then and from thenceforth the uses estates and limitations conveyed raised or made by or in these presents touching all the said Mannor c. and other the Premisses whereof or in the which the uses Estates and limitations limited or expressed in these presents shall be so signified to be void and of none effect or touching or concerning such or any part of the same premisses whereof or in the which the uses estate and limitations limited or expressed in these presents shall be also signified or declared to be voyd and of none effect shall from thenceforth cease be cleerly voyd and of none effect And that then and from thenceforth the sayd F. his heirs and assigns and all and every person and persons their heirs and assigns that now stand or that hereafter shall stand seised of or in the sayd Mannor of c. or of or in any such part parcell or member thereof of in or touching which the sayd uses c. shall be so signified or declared to be voyd shall from thenceforth stand and be seised of and in the same premisses of or in the which the uses c. limited or expressed in these presents shall be so signified or declared to be voyd or of or in such part of the same premisses of or in which the uses c. to the use and behoof of the sayd F. and of his heirs and assigns for ever and to none other use behoof intent or purpose And that then and from thenceforth it shall be lawfull unto the sayd F. and to his heirs into the sayd Mannor c. whereof or in the which the uses c. or into such part parcell or member of the premisses thereof and enjoy as in their former estate This Indenture c. In witnesse c. To one part c. And to another part c. And to the third part c. An Indenture of Covenants to suffer a Recovery in London whereby the Land recovered is assured to the Bargainer in case a summ of money being the purchase money be not payd albeit the rest of the Assurances to the Vendee be absolute THis Indenture tripartite c. Between T. G. on the first party G. L. c. on the second party and A. B. and C. D. on the third party witnesseth That whereas the said T. G by good and sufficient conveyance to him heretofore made by and from the said G. L. is lawfully seised in his Demesne as of fee of and in all that messuage c. A bargaine and sale of a Feofment with livery and a Release enrolin London all absolute with out Conditiot and of and in all shops c. It is now fully covenanted granted concluded condescended and agreed between the said parties to these presents in manner and form following that is to say that the said A. B. and C. D. or the survivor of them before the first day of Oct. next ensuing the date of these presents shal pursue and bring the Kings Majesties Writ of Right Patent out of his Highness Court of Chancery against the said T. G. to be directed to the Mayor and Sheriffs of the City of London By which Writ of Right Patent the said A. and C. or the Survivor of them in the Guildhall of London before the said Mayor and Sheriffs in the Court of Hustings according to the custome of the same City shall demand against the said T. G. the said Messuage or Tenement or other the Premisses by the name of one Messuage and one Curtilage with the appurtenances in London or by such other name or quantity as the said T. or his learned Councill shall think meet and that the said T. in his own proper person or by his sufficient Attorney shall appear to the said Writ and after declaration thereupon made shall make defence and vouch over to Warranty the said G. L. who shall appear and enter into Warranty and vouch over the common Vouchee which common Vouchee shall imparl and after make default and depart in contempt of the Court whereby Judgment shall be given in the said Writ against the said T. G. and Execution thereof shall be had And now it is by these presents fully and expresly witnessed and declared and also it is covenanted granted condescended expressed and agreed by and between all every the said parties by this present Indenture that the said Recovery in what manner forme or by whatsoever Name or Names the Use of the recofy and of all other assurances same shall bee had and passed and the Execution thereof and that the true intent and meaning of the same is and that all other Recoveries and all Fines Feofments and other conveyances and assurances whatsoever at any time since the first day of this instant month of July suffered levied executed or made to be c. hereafter of the said Messuage Tenement and premisses or any part thereof and that the said A. B. and C. D. and the Survivor of them and their heirs and all and every other person and persons which now be or at any time hereafter shall be seised of the said Messuages c. shall therof and of every part therof stand and be seised to the uses and intents hereafter Uses in these present Indentures mentioned and expressed and to no other use or intent that is to say To the only use of the said T. G. and of his Heirs and Assigns for ever so alwayes and upon condition that Conditions said T G his Heirs Executors c do pay c. to the said G. L. the summ of 246 l. of c. at the said Messuage c. in form following viz. on the c. 76 l. therof c. Provided alwayes and it is moreover Covenanted Granted and Agreed Proviso to change the use by and between the said parties to these presents that if default be made of or in payment of the said summ of c. or any part therof contrary to the form afore mentioned that then the said recovery to be suffered and executed by reason of these presents and all and singular other the said Recoveries c. shall be and all persons that now be or hereafter shall be seised of the said Messuage c. shall from time to time and at all times after such default had or made stand and be therof and of every part therof to the only use of the said G L his Heirs and Assigns for ever and to none other use intent or purpose whatsoever And also the said T G Covenanteth c. that within three moneths Covenant to redeliver Writings after such default as aforesaid made of and in payment of the said summ c. contrary to the form aforesaid he the said T his Heirs or Assigns shall at the Messuage aforesaid well and safely redeliver or cause c. to the
A B his Heirs Executors oe Administrators for the same and also that the said C. D. his Executors and Administrators shall and will pay into the Receipt of Exchecquer all such summs of money as upon the said account shall be found in Arrerages within one year next after the Feast of St. Michael next ensuing the date hereof and in the name of the said A. B. obtaine a lawful discharge and Quietus est out of the said Court of Exchecquer for him the said A. B. and the same shall and will deliver unto the said A. B. his Heirs Executors or Assigns for a full discharge of him the said A. B. his Heirs Executors Administrators and Assigns of and concerning the said Sheriffwick of the said County of E. within one year next after the said Feast of St. Michael and that the said C. D. his Heirs Execucutors Administrators and Assigns or some or one of them shall and will at some or one of their own proper costs and charges disburse and pay for the said A B all and all manner of Fees Duties Charges summ and summs of money Rewards Gratuities and Demands whatsoever which shall be required demanded or demandable of the said A. B as due or accustomed to be paid or given by the Sheriff of the said County for or by reason of the said account without demanding any allowance or allowances therfore of the said A B his Heirs Executors Administrators or Assigns and the said C. D. doth further for the consideration aforesaid for himself his Heirs Executors Admininistrators and Assigns and for every of them Covenant Promise Grant and Agree to and with the said A B. his Heirs Executors Administrators and Assigns by these presents That he the said C. D. his Executors or Administrators shall and will from time to time and at all times hereafter well duly and truly satisfie and pay all and singular such summ and summs of money as he the said C. D. or any deputy Clerk or Clerks Bailiff or Bailiffs Substitute or Substitutes under him shall at any time and times and all times leavy or receive by vertue or reason of any Writ or Writs Proces of Extent Libertate Capias ad satisfaciendum fieri facias eleget distringas nuper Vice comes against any former Sheriff or any other writ or writs of execution or Warrants whatsoever according to the purport and true tenure of any such Writ o Writs Warrant or Warrants respectively and in such manner as by the same respectively shall be limited required or appointed and shall from time to time sufficiently save harmless and defend the said A B. his Heirs Executors and Administrators of for and from all and every such summ and summs of money as aforesaid And further that he the said C D his Heirs Executors Administrators or Assigns shall and will at his and their own proper costs and charges conduct and safe delivery of all such Prisoners as are or hereafter shall be in the custody of the Gaol for the said County of E to such person and persons and to such place and places as the said A B shall by Writ Warrant or other Precept or Commandement or by virtue and in respect of his said Office be commanded or bound to deliver the same And further shall and will also at his and their own proper costs and charges execute or cause to be executed all such persons as at any time during the time aforesaid shall be convicted and put in execution according to their severall Judgments if the same person or persons be not by any lawfull authority reprieved into the said Gaol And the said C D. doth further for himself his Heirs Executors Administrators and Assigns and every of them covenant grant promise and agree to and with the said A. B. his Heirs Executors Administrators and Assigns by these presents That he the said C. D. his Executors and Administrators shall and will upon the discharge and giving up of the said Office to such as shall succeed in the said Office of Sheriffwick of and for the said County of E. in due form of Law deliver or cause to be delivered by Indenture to be made between the said A. B. and his Successors in the said Office to the said Successor of the said A. B. in the said Office or to his Deputy for the time being all such Prisoners as then shall be in the Custody of the said A B or of any of his Deputies or Ministers with the Causes of their Detainments and Imprisonments and all such Iron Implements and Things as shall be in the Custody of the said C. D. belonging to the Common Gaol of the said County or to the Officers of the same And also all Writs Processes Warrants and other things which then shal be in his hands custody in respect of the Office of Sheriffwick of in and for the said County of E. And the said C. D. doth further for himself his Heirs Executors Administrators and Assigns covenant promise grant and agree to and with the said A B. his Heirs Executors and Administrators by these present That he the said C. D. his Heirs Executors or Administrators shall and will from time to time and at all times hereafter discharge defend and save harmlesse as well the said A. B. his Heirs Executors and Administrators and his and their Lands and Tenements Goods and Chattels as well against his Highnesse the Lord Protector and all other persons whatsoever of for and from all manner of Pains Corporall and Pecuniary Forfeitures Fines Amerciaments Debts Accounts Duties and Demands whatsoever hereafter lawfully to be commenced prosecuted imposed demanded or demandable of or against the said A. B. his Heirs Executors or Administrators or his or their Lands Goods Tenements and Chattels for or by reason of any escape of any Prisoner or Prisoners whatsoever now under execution or under arrest or hereafter to be had in execution under Arrest for any manner of Debt Damage Trespasse Account or other Duties or Wrong or for any Treason Felony or other Offence whatsoever or for any or by reason of not appearance of any person arrested at the day limited for the appearance in any Court or Courts or before any Judge or Judges or Justices whatsoever or for or by reason of any False Return not Return or Mis return of any Writ Warrant or Proces or for any other mis-behaviour negligence or larges of the said C. D. his Bayliffs or Officers in executing or negligence in executing or not in executing of the said Office of Sheriffwick for the said County of E. of or for or by reason of the not levying answering or not paying of any Sum or Sums of money which shall or may or ought to be collected or received by virtue or reason of the said Office of the Sheriffwick of the said A. B. or having relation therunto or by reason of any Writ or Writs of Assistance for the levying of any Sums of money wherwith
ensue the decease of the sad S S. And wheras also by the same Indenture it was covenanted and agreed between the said parties And the said T S for himself his Heirs Executors and Administrators and every of them did covenant promise and grant to and with the said S S. and H H their Heirs and Assigns by the said Indenture That if the said S. S and H H their Heirs Executors and Administrators and every of them do and shall well and truly observe perform fulfill and keep all and every the Covenants Grants Articles and Agreements in the said Indenture contained which on his or their parts and behalfs are or ought to be observed and kept according to the tenor purport and true meaning of the said Indenture That then the said Recognizance should be void frustrate and of none effect and a Vacat entred upon the Record therof any thing in the said Indenture to the contrary notwithstanding Otherwise the same to stand and abide in full force and strength as by the said Indenture at large doth and may appear And wheras also the said S S in and by one other Recognizance bearing date the said c. knowledged to be enrolled in the Court of Chancery became bounden unto the said H H in the Summ of 1800 l. of c as in and by the same Recognizance it doth and may appear Now it is covenanted and agreed between the said parties to these presents and the said H H. for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said S S his Heirs and Assigns by these presents That if the S S his Heirs Executors and Administrators or any of them do and shall well and truly observe perform fulfill and keep all and every the Covenants Grants Articles and Agreements contained in the said recited Indenture which on the parts and behalf of the said S. S. and H H or either of them are or ought to be observed and kept according to the tenor purport and true meaning of the said recited Indenture and therby do acquit discharge and at all times hereafter save harmlesse the said H H his Heirs Executors and Administrators and every of them of and from the said recited Recognizance of 1700 l. and of and from the said Covenants contained in the said recited Indenture that then the said Recognizance of 1800 l. acknowledged by the said S. S. to the said H. H. shall be void frustrate and of none effect and a Vacat entred upon the Record therof Otherwise the same to stand and abide in full force and strength In witness c. A Defeazance of a Statute Staple THis Indenture c. Between I H of T in the County of B Esquire of the one party and S A. of the Parish of St K of L Marchant of the other party wheras the said S A in and by one Recognisance or Writing Obligatory of the nature of a Statute Staple made and provided for the Recovery of debts bearing date with these presents taken and acknowledged before I K Maior of the Staple at Westminster and W S Serjant at Law Recorder of the City of London is and standeth bound to the said J H in the sum of 3000. of c. to be paid to the said J in such manner as therin is mentioned as in and by the said Recognizance or writing Obligatory of the nature of a Statute Staple more fully and at large appeareth It is now nevertheless Covenanted Granted Concluded and Agreed by between the said parties to these presents and their true intent and meaning of the said Recognizances and of these presents and of the parties herunto is and the said J H. for him his Executors Administrators and Assigns is contented and pleased That if the said S A. his Heirs Executors Administrators and Assigns and every of them do and shall well and truly observe perform fulfil and accomplish all and singular the Covenants Grants Articles and Agreements which on his and their parts and behalfes are or ought to be observed performed fulfilled and kept comprised and specified in a certain Indenture of Articles of Agreement bearing date with these presents and made between the said I H. of the second part the said S A and K H eldest daughter of the said I. H of the second part and G L. and I H of L. Merchants of the third part according to the true intent and meaning of the said Indentures of Articles of Agreement that then the said Recognizance or writing Obligatory above recited or mentioned shall be utterly void and of none effect and then also the said I. H party to these presents his Executors and Administrators or some of them shal and wil-deliver or cause to be delivered up the said Recognizance or writing Obligatory to the said S. A. his Heirs Executors or Administrators to be cancelled vacated and made void otherwise the same shall stand and abide in full force and vertue In witness c A Defeazance of a Judgment in the upper Bench. THis Indenture c. Between E C of W in the County of K Gent. of the one party and T R of S. in the County of K. Gent. on the other party witnesseth that wheras the above named T R before the Ensealing and delivery hereof hath acknowledged and suffered one Judgment to be entred upon Record in his Majesties Bench at Westminster in Easter Term now next ensuing for 100 l. debt and 20 s. costs of Suit therupon assessed at the suit of the said E C Nevertheless it is Agreed Conditioned Covenanted and Granted by and between the said parties to these presents either to other That if the said T R his Heirs Executors Andministrators or Assigns or any of them do well and truly satisfie content and pay or cause to be well and truly satisfied contented and paid unto the said E C or his Assigns the sum of 7 l. of c. yearly and every year during the natural life of him the said E C at the four most usual Feasts or Terms in the year viz. at the Feasts of St. John Baptist St. Michael the Archangel the Birth of our Lord God and the Anuntiation of our blessed Lady Mary the Virgin or within fourteen dayes next after any of the said Feasts by even and equall portions the said payments to be made at or in the now Hall of Cliffords Inne London that then the said Judgment shall be utterly void and of none effect and that then after the decease of the said E. C. the said quarterly payments being duly made or by him the said E accepted the Executors or Administrators of him the said E. C. shall upon request give sufficient warrant for the acknowledging made of satisfaction upon Record for the said Judgment and in the mean time he the said E nor his Assigns shal not sue forth nor prosecute any manner of execution upon the said Judgment against
summ of 130 l. of c in the Feast of the Annunciation c. The Nativity c. or within the space of eight and twenty daies next ensuing after every of the same Feasts yearly by even and equall portions and if it happen the said yearly Rent of 130 l. or any part thereof to be behind and unpaid by the space of eight and twenty dayes next after any of the Feasts aforesaid and the same being in the mean time lawfully asked That then it shall and may be lawfull to and for the said I. and A. and their assigns into the said Brewhouse and into all and every other the premisses to enter and there quietly to distrain and the distress and distresses there found to take lead drive and carry away and the same with them lawfully to detain and keep untill they shall be fully satisfied and paid the said yearly Rent with the arearages thereof if any be and if it happen the said yearly Rent of 130 l. or any part thereof to be behind and unpaid by the space of six and fifty dayes next after any of the said feast dayes of payment thereof aforesaid the same being lawfully asked as aforesaid that then and at all times after it shall and may be lawfull to and for the said I and A and their Assigns into the said Brewhouse with the Appurtenances and all other the premisses to re-enter and the same together with the said Utensils and brewing vessells and all other implements in the said Schedule specified to have again and repossess as in their former Estate And the said W. W. to expell c. these presents c. And the said W. W covenanteth to and with the said I and A their Executors and Administrators by these presents that he the said W W his Executors Administrators or Assigns at their costs and charges at all times convenient from time to time from henceforth for and during the said term and terms wherein the said W c shall have c Vt in reddendum shall and will well and sufficiently keep maintain and sustain the said Brewhouse and all the brewing vessells aforesaid mentioned in the said Indented Schedule and all other the Premisses in and with all manner of needfull Reparations when and so often as need shall require And the same Brewhouse and all the brewing vessells Utensils and implements contained in the said Schedule to these Indentures annexed with all other the premisses so well and sufficiently repaired kept and maintained in all things in the end of the first term above mentioned or any sooner determination thereof shall leave and yeild up and the said W. VV. covenanteth c. that without the let trouble or interruption of the said W. W his Executors Administrators os Assigns or any of them so as he or they be reasonably requested thereunto by the said I. or A. or their Assigns it shall and may be lawfull to and for the said I. and A. and either of them and their Assignes and the Assigns of any of them with the number of three persons or under with them or any of them at two severall times of every year at their pleasures at any time between eight of the clock in the morning and four of the clock in the afternoon to enter into the said Brewhouse and Tenements aforesaid and all other the Premisses and into every part of the same there to view and search how the same and also the said Implements and utensills been repaired and kept And that if upon such view and search any lack of Reparations shall be found in the premisses or in any part of them or any of them which shall have need of amendment and admonition then there openly given and left in Writing by the said I or A. or their Assigns for the amendment thereof that then he the said W. W. his Executors or Assigns at his or their or some of their own charges within six months next after every such admonition shall and will sufficiently repair and amend every such lack so found and wherein warning shall be given as aforesaid And also that if it do fortune the said VV. his Executors Administrators or Assigns upon such admonition at any time so to be given as is aforesaid do not sufficiently repair and amend every such lack of Reparation in or upon the premisses or any part thereof to be found and admonished as is aforesaid within the said space of six months before expressed that then the said I and A. his wife or their Assigns at the end of the said six months before expressed or at any time after shall give advertisement of all such Defaults as then shall remain of the said Reparations to the VVardens of the company of Cloath-workers of the city of L. and to the VVardens of the Company of Brewers of the same City for the time being and that thereupon it shall be lawfull to the said VVardens or to any four of them whereof two to be Cloathworkers and the other two to be Brewers to appoint viewers at their discretion to view and search the said Reparations which the said I. or A. or their Assigns from time to time so often as any such shall be to them given and the said parties for them their Executors and Administrators do further accord and agree by these presents that the said Wardens or such four of them as aforesaid shall have power and authority to appoint such viewers as aforesaid and that the Viewers by them from time to time by them to be appointed shall have authority by these presents to judge and determine of the said defects according to the tenor and true meaning of these presents And the said W. W. covenanteth c That he the said W. his Executo and Admin so often as any such advertisement be given shall upon like request to be made as is aforesaid shal peaceably quietly permit and suffer the said viewers together with the said I A. and their assigns or any of them to enter into the said Brewhouse and other the premises and there by the shewing or Demonstration of the said I. or A. or of their assigns or oâ— the assigns of any of them to take and have plain and full view and survey of all such lacks of the said Reparations left unrepaired upon the said former admonition given by the said I. or A. or their assigns or the assigns of any of them To the intent that the same viewers from time to time so to be sent as aforesaid by the said Wardens or such four of them as aforesaid may leave behind them plainly expressed in writing what further Reparations shall then in their consciences and indâ—fferent Judgments be thought needfull to be done upon the premisses or any part thereof and that then if within the space of other six months next after every such admonition last above mentioned to be given by such viewers aforesaid in form aforesaid all
such reparations whereof they shall so give admonition shall not be done and finished accordingly That then a Re-entry c. and an expulsion of the Tenant any thing c. And the said J. A. for themselves their Executors and Administrators do covenant c. in forme c. That the said I. S. and A. their Executors and Administrators at their own proper costs and charges shall from time to time and at all times wel and sufficiently discharge save or keep harmelesse as well the said W. his Executors Administrators and Assignes as also the said Brewhouse and all other the premisses by these presents mentioned to be demised with all and singular their appurtenances and every part and parcell thereof of and from all and singular former Grants Burgains Sales Leases Charges and incumbrances whatsoever had made granted done or knowledged by the said I. or A or by any other by their or any of their assent in any wise And also shall save harmeless the said W W his Executors and Administrators and the said Brew-house c. of and from all and all manner of quâ—t-rents Annuities and Rents charges whatsoever issuing or going out or to be issuing or going out of the same or any part thereof other then only the said yearly Rent of 130 l. reserved by these presents yearly to be paid for the said Brewhouse and other the premisses And further that the said I. and A their Executors and Administrators shall and will from time to time at all times save harmless the said W W Sonne his Executors Administrators and Assignes and against said H L the Sonne his Executors Administrators and Assignes and against all other the children of the said H L. the Father of and for the said yearly Rent of 130 l. and of every part and parcell thereof to be received by the said I or A their Executors Administrators or Assignes And that upon every payment made of the said yearly Rent or any part thereof to the said I or A their Executors or Assignes by the said W W. his Executors or Assignes according to the tenor and true meaning of these presents The said I or A their Executors or Assignes shall and will subscribe to such a reasonable Writing or Acquittance as the said W his Executors or Administrators shall reasonably require testifying and declaring the receipt of the said payment And moreover that he the said W. his Executors and Assignes by and under the payment of the said yearly Rent of 130 l. in manner and forme aforesaid and by and under the performance of al and singular the Covenants and Articles in these presents contained on his and their part to be performed accordâ—ng to the tenor and true meaning of these Indentures shall or lawfully may have hold and enjoy the said Brew-house and the said Tenements with all and singular their appurtenances and also all the Brewing vessels expressed and mentioned in the said Schedule hereunto annexed and all and every other the premisses with the appurtenances and every part and parcell thereof untill the said H L. the Sonne shall accomplish his full age of 21 years And in case the said second demised interest into the said Brew-house and Tenement shall accrue to the said A by the said Will and Testament then the said W W. his Executors or Assignes shall and may likewise have hold and enjoy the said Brew-house and Tenements and every of them without any lawfull lett interruption or eviction of the said I or A. or of their Assignes or any other person or persons having or which shall have or claime any estate right title or interest of either of them in any wise And furthermore it is Covenanted granted concluded condescended and fully agreed by and between the said parties to these presents And every of the said parties for themselves their Executors and Assignes do by these presents Covenant grant conclude condescend and agree to and with the other of them their Executors and Administrators That if it shall fortune at any time hereafter any manner of strife variance or contention to arise betwixt the said parties there or any of their Executors Administrators or Assignes or any of them of for or upon any matter cause or thing specified or mentioned in the Indentures or for or upon any matter or thing to arise or grow thereof other then for non-payment of the said yearely Rent of 130 l. That then the said parties and every of them before any Suit in Law be taken commenced or prosecuted by them or any of them of for and upon any Article clause or agreement in these presents declared as is aforesaid shall first therein from time to time stand to abide obey and performe all and every such decree order and Judgement Decrees Orders and Judgements as from time to time and at any time shal be made and given up by the said Wardens of the company of Clothworkers of the said City of London and the Wardens of the Company of Brewers of the same City for the time being or by any foure of them so as two be Clothworkers and the other two Brewers and so as the said Wardens or such foure of them as aforesaid from time to time upon any complaint to them made by the said parties or by any of them do make and publish their Decree order and Judgment in the premisses within the space of two moneths next after such complaint to them made And if the said Wardens in forme and time aforesaid make no Order or Decree as is aforesaid Then they or either of them at their pleasures shall and may take their remedy by Law against one another any thing in these presents to the contrary notwithstanding In Witnesse c. A Lease of a House in the Countrey in Reversion with Covenant to pay Herriots THis Indenture c. Between H H of H in the County of S Gent and E his Wife of the one party and W W of M in the said County Husbandman of the other partie Witnesseth that whereas the said H and E together with one T H Father of the said H deceased for a certaine summe of money to them by the said W W Recitall of the former Lease before hand paid by their Indenture bearing date c did demise grant set and to farme let unto the said W W all that their Messuage or Tenement with all edifices and buildings thereunto belonging together with all Lands Meadows Leasowes and Pastures Commons of Pasture Commodities and feedings to the said Messuage or Tenement belonging or appertaining with all and singular their appurtenances Scituate lying and being in the Town and fields of M. aforesaid in the County aforesaid and then in the tenure and occupation of the said W W. To have and to hold the said Messuage or Tenement Lands Meadows Leasowes Pastures Commons Commodities feedings and all other the premisses with their appurtenances unto the said W W his Executors and
to alter change or determine the same And that he the said T. P. partie to these presents now hath in himselfe full power good and perfect right and lawfull authority to demise grant bargaine and sell all and singular the said Mannor Tenement Lands Hereditaments and premisses above mentioned with their appurtenances and every part thereof unto the said T B. his Executors Administrators and Assignes for and during the said terme of 500 years in manner and forme aforesaid and according to the true intent and meaning of these presents And also that the said T B his Executors Administrators and Assignes shall and may from time to time and at all times from and after default of payment made of the severall summes of money aforesaid or any of them or any part thereof peaceably and quietly enter into have hold occupy possesse and enjoy the said Mannor Tenement Lands Hereditaments and premisses above in and by these presents demised granted bargained and sold with their and every of their appurtenances and every part and parcell thereof for and during the said terme of 500 years without any let trouble interâ—uption incumbrance or disturbance of or by the said T P. party hereunto his Heirs Executors Administrators or Assignes or any of them or of or by any other person or persons whatsoever And further that the said Mannor Tenements Lands Hereditaments and all other the Premisses above in and by these presents mentioned or intended to be herein and hereby demised c. with their and every of their appurtenances now are and be and so from time to time and at all times hereafter for and during the said term of 500 years shall be remain and continue and be had holden and enjoyed unto and by the said T. B. his Executors Administrators and Assigns subject to the Proviso or Condition above mentioned free and clear and freely and clearly acquitted exonerated and discharged of and from all and all manner of former and other Gifts Grants Bargains Sales Leases Joyntures Dowers Uâ—es Wills Entails Statutes-Merchant and of the Staple Recognizances Judgments Extents Executions Rent-charge Rent seck Annuities yearly payments Fines Issues Amerciaments Seisures Sequestrations and cause and causes of Sequestration And of and from all other Estates Titles Troubles Charges and Incumbrances whatsoever had made committed suffered by the said T P. party hereunto or by any other person or persons whatsoever the Rents and Services from henceforth to grow due and payable to the chief Lord and Lords of the Fee and Fees of the Premisses in respect of his and their Seigniory and Seigniories excepted and foreprised And except one annuity or yearly Rent charge of 10 l. per annum issuing and payable out of the Premisses or some part therof unto E M Mother of the said T. P. party hereunto for and duâ—ing the term of her naturall life and no longer And also except one Lease or Grant made of parcell of the Premisses by the said T P. party c. unto the said T. L. for a certain term yet enduring at and under the yearly Rent of 42 l And also except one other Lease made of other parcell of the Premisses by the said T. P. party c. to the said c. for a certain term yet unexpired wherupon the yearly Rent of 16 l. is reserved and payable which said severall yearly Rents of 42 l. and 16 s. in and by the said severall excepted Leases reserved shall from and after default of payment made of the Summs of money aforesaid or any of them become due and payable unto the said T B. his Executors Administrators and Assigns for and notwithstanding any act or thing had made or done or to be had c. by the said T. P. party c. or by any other person or persons And moreover that the said T. P. party c. and his Heirs and all other person and persons and their Heirs having claiming deriving or pretending or which can or may hereafter have or claim any manner of Estate Right Title Interest Claim Benefit or Demand of into or out of the said Mannor Lands Hereditaments and Premisses above mentioned to be herein and hereby demised granted bargained and sold with their appurtenances and every or any part or parcell therof except as aforesaid shall and will from time to time and at all times from and after default of payment made of the Summs of money in the Proviso and Condition aforesaid expressed or any of them upon the reasonable request and at the costs and charges in the Law of the said T. B. his Executors Administrators and Assigns make do knowledg levy suffer and execute and cause and procure to be made c. unto the said T B his Executors Administrators and Assigns all and every such further lawfull and reasonable Act and Acts Thing and Things Deeds Devises Grants Releases Conveyances and Assurances in the Law whatsoever for the further and better more perfect and absolute granting conveying and assuring of the said Mannors Tenements Lands and Premisses above herein and hereby demised granted bargained and sold with their appurtenances and every part and parcell therof unto the said T. B. his Executors Administrators and Assigns for and during the said term of 500. years discharged of the Proviso or Condition aforesaid and of all power and benefit of redemption As by the said T. B. by his Executors Administrators or Assigns or his or their Councell learned in the Law shall be reasonably devised or advised and required And it is lastly agreed by and between the said parties to these presentâ— for them their Heirs Executors and Assigns That the said T. P party c his Heirs Executors and Assigns shall and may have hold and enjoy the premisses and receive and take the Rents and Profits therof to his and their own proper uses untill the first default of payment shall be made of the Summs of money in the Proviso and Condition aforesaid expressed without any let hinderance or deniall of or by the said T. B. his Executors Administrators or Assigns or any of them Any thing herein contained to the contrary notwithstanding c. In witnesse c. In a Bond to pay the money In a Bond for performance of Covenants A Lease of a Garden for 1000. years with Covenant to convey over the Fee-simple of the Premisses to the Leassee or his Heirs if they require it THis Indenture c. Between M. B. Citizen and Goldsmith of L. on the one party and H. W. of the City of L. aforesaid Son of W W Citizen and Painter-steyner of the same City on the other party witnesseth That the said M. B. for and in consideration of the Summ of 45 l. of c. wherof c. Hath given granted demised betaken and to farm-letten and by these presents c. unto the said H. W. his Executors and Assigns all that Garden and Garden ground and the Lodge therin builded and the one half of the
said Wind-Mill and place the same where now it standeth at his and their own proper costs and charges he the said H. E. finding providing and allowing such and so much Timber of all sorts needfull as will serve for the re-edifying and building the same again the said T. P. being allowed all the Chips and of all wood therof for and towards his charge of the same And further that he the said T. P. his Executors Administrators and Assigns shall and will at the end of the said term of years hereby granted leave and yeild up the said Wind-Mill in good and sufficient repair together with such Implements Utensels Tools and going or running Geeres belonging to or used with the same Mill and of so good value and price as they be now valued at as appeareth in the Schedule to theâ—e presents annexed as shall be adjudged meet by the judgement of two indifferent men to be chosen by the said parties equally to view and value the same Provided alwaies and it is neverthelesse covenanted granted condescended and agreed by and between the said parties to these presents that if it shall happen the said Implements Utensils Tools or running Geeres in the said Schedule expressed not to be found by the said two men to be of so good value at the end of the said term as they now are rated at that then he the said T. P. his Executors Administrators or Assigns shall and will content and pay unto the said H. E. his Heirs or Assigns so much lawfull money as the said Implements Utensils Tools and running Geeres shall be lesse worth then they are in the said Schedule valued Or if it shall happen the said Implements Utensils Tools or running Geeres to be found by the said two men to be of better value then they are now expressed in the said Schedule to be of that then the said H. E. his Heirs or Assigns shall and will content and pay unto the said T. P. his Executors or Assigns so much lawfull money as the same Goods shall be better worth by the judgment of the same two men And the said T. P. for himself his Executors Administrators and Assigns doth covenant promise and grant to and with the said H. E. his Heirs and Assigns that he the said T. P. his Executors Administrators nor Assigns shall or will demise let or set the said peece of ground or Wind-Mill or any part therof to any person or persons during the said term without the consent of the said H. E. his Heirs or Assigns first had and obtained in writing And the said H. E. for himself his heirs executors administrators and Assigns doth covenant promise and grant to and with the said T. P. his executors administrators and assigns and every of them by these presents That he the said T. P. his Executors administrators and assigns shall and may at all times hereafter and from time to time during the said term for and under the yearly Rent Covenants Reservations and Agreements above specified peaceably and quietly have hold occupy possesse and enjoy the said peece or parcell of ground Wind-Mill and other the above demised premisses with their and every of their appurtenances without any lawfull let trouble deniall expulsion eviction incumbrance or interruption of or by the said H. E. his heirs executors administrators or assigns or any of them or of any other person or persons whatsoever lawfully claiming from by or under him them or any of them In witness c. A very good President of a generall Letter of Attorney drawn and penned by Councell as well concerning the disposition of Lands as Goods TO all true Christian people to whom this present writing shall come I F. W of L Esquire send greeting in our Lord God everlasting whereas it hath pleased the Queens Highnesse to appoint me her Ambassador Leiger in France for a certaine time And whereas I think it needfull in mine absence to put some person in trust for mine affaires here in England Therefore know ye that I the said H W. have made constituted ordained authorized appointed and in my place by these presents have put my well beloved in Christ W D the elder of L. Gent my true sufficient and lawfull Attorney and Commissioner as well to enter for me and in my name into all and singular my Mannors Lordships Messuages Lands Tenements Woods underwoods and all other my possessions and Hereditaments with all and singular their Rights Members and appurtenances in the Counties of Essex Hertford Somerset S K. M and W. and every of them and elsewhere wheresoever with in the Realme of England and possession and seisin thereof for me and in my name and to my use to take And also to view and survey for me and in my name all the said Mannors Lordships Lands Tenements Woods Under-woods possessions and Hereditaments and other the premisses with the appurtenances and every part and parcell thereof as also to aske gather levie recover and receive for me and in my name and to my use of all and singular my Auditors Bayliffs receivers Farmors or Tenants and all other Occupiers whatsoever of the aforesaid Mannors Messuages Lands Tenements and other the premisses or of any part thereof all and singular Farmes Rents and Services Arrearages Profits and summes of money whatsoever which are or shall be to me in any wise due And an accompt or accompts of them and of all other my Officers Ministers Servants and other accomptants whatsoever of any of them to require and take for me and in my name mine allowances of their accompts to allow or disalow as the case requireth and as by my said Commissioner and Attorney shall be thought meet and convenient and all severall my Auditors Bailifs Receivers Officers Ministers and Servants whatsoever or any of them upon any reasonable cause or causes at the discretion of my said Attorney to displace and put out of service and office and to reteine receive and put other in their and every or any of their place or places so put out of service and this as often as it shall be thought requisite to my said Attorney And also the Farmors Tenants and Occupiers of all and singular my said Mannors Lands Tenements and Hereditaments and other the premisses and every or any of them for none payment of their or any of their Farms Rents Revenews Profits and other things whatsoever due to or to be due for the same Mannors Lordships Lands Tenements Hereditaments and other premisses and every or any parcell thereof by all or any their Goods and Chattels found in and upon the same Mannors Lordships Lands Tenements Hereditaments and other the premisses or in any or upon any parcell thereof to distreine And the distresses there so had or taken lawfully to lead drive carry away and impound and deteine with old and keep the same untill the said Farmes Rents Issues Profits and the Arrears thereof being hind be fully satisfied and paid And
W. L. his Executors or Administrators shall truly pay to the said T. H. his Executors and Administrators any such summ or summs so by him the said W. L. to be Received of the same Debts within forty dayes next after such Receipt so thereof by him to be made And if the same W. his Executors or Administrators shall hereafter If any of the debts shall be received â—r acquitted then the same to be paid to the party thaâ— should havâ— them withâ—n six weeks acquit or discharge any of the said Debts in the said Schedule expressed without such consent and agreement of the said T. his Executors and Administrators as aforesaid that then he the said W. his Executors or Administrators within six weeks next after every such Release or Discharge of any of the said Debts in the said Schedule expressed shall and will well and truly pay content and satisfie or cause to be paid contented and satisfied at c. to the said T. his Executors or Administrators all and every such Debt or Debts in the said Schedule expressed which he the said W. his Executors or Administrators shall so Release or Discharge as aforesaid without any manner of fraud or covin And the said W. L for him his Executors and Administrators covenanteth One of the parties to pâ—y a certain sum toward payment of their debts and granteth to and with the said T. H. his Executors and Assigns by these presents That he the said W. L. his Executors or Administrators shall and will well and truly content and satisfie to and among the Creditors of the said W. and T. in respect of their said Copartnership or joynt occupying the summ of 743 l. 4 s. of lawfull money of c. toward the payment and satisfaction of such Debts and summs of money as to the said Creditors are due and owing out of or in respect of the said Partable stock Co partnership or Joynt Occupying And also the said T. H. for him his Heirs Executors and Administrators The other party to pay a certain summ towards the debts covenanteth and granteth to and with the said W. L. his Executors Administrators Assigns by these presents that he the said T. Executors or Administrators shall and will well and truly content and satisfie to and among the said Creditors towards the payment satisfaction of such Debts and Sums of mony as to the said Creditors are due and owing out of or in respect of the said Partable stock c. the summ of 492 l. 18 s. of c. in form following viz. 400 l. thereof out of the first Receipts by him the said T. his Executors or Assigns of the debts in the Schedule expressed if so much may be levied gathered and had in and before the first day of c. next ensuing And in Default thereof then the same Summ of 400 l. to be paid at or before the last day of c. next coming at the farthest and 92 l. 10 s. residue and in full payment of the said Summ of 492 l. 10 s. at or before the Feast of c next ensuing the Date of these presents And it is also concluded and agreed by and between the said parties If any privy debt or charge be â—he same to be paid by whom the same grow to these presents and each of the said parties severally for him his Heiâ—s Executors and Administrators covenanteth and granteth to and with the other of them his Executors and Administrators by these Presents That if any privy Debt Charge or cause of Action be growing or depending by reason or occasion of the said Co-partnership unto the which the said Co-partners are of right lyable and subject unto other then and except such known debts as are specified or mentioned to be owing in their common book that then and in all such cases such of the said parties to these presents in whose Default or by whose Act or Procurement such Debt or Charge hath grown shall within time conveniently satisfie and pay the same and thereof discharge and save harmlesse the other of the said parties his Executors and Administrators And morover it is agreed That if any manner of variance or cause of Suiâ— at any time or times herafter do or shal happen to grow arise or be If any controversie arise between the parties the same to be ordered by men now nominated given between the parties or the executors or adminâ—strators of them or of either of them by for or upon any Covenant Matter or Thing in these Presents expressed or mentioned or of forupon or in respect of the said Co-partnership or joynt occupying in any wise that then and so often the party in that behalf greived shall thereof make Declaration to T N. Grocer and I C. Clothworker Citâ—zen of L. unto whose Order and Judgment for and touching the premisses or any part thereof from time to time the said parties and either of them for their severall parts and for their severall Executors and administrators do wholy submit themselves by these Presents so alwaies as by their order and judgement be thereof or of any part or parts thereof made and given up in Writing indented under their hands and Seals within three moneths next after such Declaration to them made as aforesaid and that during such three months from time to time or at any time neither of the said parties their Executors or administrators shall not directly or indirectly bring or pursue any Suit or Action against the other of them touching the premisses And they the said parties and their severall executors and administrators on their severall parts and behalfes every of them for his own part shall stand to obey abide and perform all and every such Order and Judgment as the said T. N. and J. C. shall within such time as aforesaid make and give up as aforesaid for and touching the Premisses or any part thereof In witness c. WINTER CONSVLTOR A PRESENTATION TO all persons who have or shall have sufficient Authority of power in this behalf I. H. Esquire the true and undoubted Patron of the parish-Church of C. in the County of D. sendeth greeting I present G. B. Clerk of the Rectory of C. in the County of D. now void by the death of the last Incumbent there and to my Presentation of full Right belonging requiring you forthwith to admit the said G. B. to the Rectory of C. aforesaid and that you truly and lawfully institute him Rector there and that likewise you invest him with all his Rights Members and appurtenances whatsoever and that you do perform fulfill and accomplish all and every the singular acts which the Office obligeth you to discharge herein In Witnesse c. PROVISOES PRovided alwaies and neverthelesse it is covenanted granted Power to make Leases condescended and fully agreed by and between the said parties to these presents That all and every Lease and Leases Demise and Demises Grant or
of the said Enrolment and Record of the said Indentures before the Master of the Rolls or such other Officer as then shall have authority to take the same knowledge And further I the said T. R. for the said consideration do remise and clearly release unto the said Lord C. his Heirs and Executors all Bonds Recognizances and Deeds obligatory whatsoever wherein the said Lord C. is bound to me for performance of the Covenants and Articles of he said Indenture and also all and every the same Covenants and Articles and all the Right Estate and Title whatsoever which I the said T. R. mine Heirs or Assigns at any time hereafter shall or may claime of or in the premisses or any part thereof of all and singular which premisses the said Lord C. now is fully and peaceably possessed In Witnesse c. A Release in Land by one Joynt-Tenant to another TO all c. R. P. of L. genâ— sendeth greeting in our Lord God everlasting Know ye that I the said R. P. for good consideration me moving have remised and released and by these Presents for me and my Heirs do remise release and altogether for ever quite claim unto H C of L. aforesaid Gentleman in his full and peaceable possession and seisin being and to the Heirs and Assigns of the said H. all the Estate Right Title Interest Use Possession Reversion Claim and Demand what soever which I the said R. P. ever had have or which hereafter I or my Heirs can or may claim to have to of and in all that Messuage or Tenement lying and being in C. in the County of E. with the Appurtenances now or late in the Tenure of c and one Messuage or Tenement c. All which and singular the premisses our Soveraigne Lord c. by his highness Letters Patents bearing date c. amongst other things did gtant to me the said R. and to the said H. C. in Joint-Tenancy and to our Heirs for ever or to of or in any part or parcell of the Premisses or any of them so that neither I the said R. P. nor my heirs any Right Estate Title Interest Use Possession Reversion Claim and Demand to of or in the premisses or any part thereof at any time hereafter can or may claime challenge or require but of and from all action of Right State Title Inteest and Demand thereunto or to any part thereof to be had I the said R. and my Heirs be altogether barred and for ever excluded by these presents In witness c. A Release by one Executor to another of the Debts due to the Testator at his Decease THis Indenture c. Between B. B. one of the Sons and one of the Executors of the Testament of H. B. late Citizen and Alderman of L. deceased on the one party and P. B. and W. B. two other of the sons and also two of the Executors of the Testament of the said H. B. on the other party witnesseth That the said B. B. for divers good and speciall causes c. Hath given assigned released confirmed and delivered up and by these presents doth give c. unto the said P. and W. B. all the Right Interest Title Claim and Demand which the said B. hath or which he as Executor of the Testament of the said H. B. or by virtue of any Legacy Gift Bequest or Appointment to him made by the said H. B. in or by his last Will or Testament or by any other way or means whatsoever hereafter can or may have or claim to have or of in and to all singular Debt and Debts Summ and Sums of money whatsoever which were of the said H. B. and to him were due or owing at the time of his decease And the said B. B. for him c covenanteth c. in manner c. viz. That he the said B. his Executors or Administrators shall not at any time hereafter challenge claim receive take demand or sue for to have any of the Debt or Debts Summ or Summs of money aforesaid either of or against the said P. and W. or either of them their or either of their Executors or Administrators or of or against any person or persons which doth owe or detain the said Debt or Debts Summ or Summs of money aforesaid or any of them And also that he the said B. B. heretofore hath not discharged or released or at any time hereafter shall not discharge or release any Debt or Debts aforesaid or any part or parcell of the same Debt or Debts or any Suit Judgment or Execution to be given or had for the same or any part thereof unlesse it be at the speciall Request and by the consent and agreement of the said P. and W. or of the Survivor of them first thereunto had In witness c. Of Title to Lands TO all Christian people to whom these presents shall come R. B of C. in the County of D. Gentleman greeting Know ye that I the said R. B. as well in part of performance of certain Covenants and Agreements contained specified and declared in certaine Indentures bearing date the 20th day of June last pâ—st made between me the said R. B. of the one part and G. H. of I. in the County of S. Gentleman of the other part as â—or divers other good just and reasonable causes and considerations me thereunto especially moving have remised released and altogether of and for me and my Heirs for ever quite claymed unto the said G. H. in his full and peaceable possession and seisin being and to his Heirs and Assigns for ever all my Right State Title Claime Use Possession Reversion Interest and Demand whatsoever which I ever had have or by any means whatsoever herafter may have and which my heirs hereafter may have of and in all that the Mannor of C. in the County of Y. and of and in all and singular Messuages Cottages Houses Edifices Buildings Dove-houses Orchards Gardens Tofts Crofts Lands Tenements Meadows Feedings Pastures Mills Woods Underwoods arrable Lands Common of Pasture Rents Reversions Moores Mosses Mynes Quarries Waters Pooles Fishings Courts Leets Profits of Courts Waifes Estraies Franchises Liberties Ptofits Commodities and Hereditaments whatsoever with all and singular their Appurtenances in C. aforesaid to the said Mannor in any wise belonging or appertaining or hertofore accepted reputed taken known used occupyed or demised with the appurtenances or any part or parcell thereof and also of and in the Reversion and Reversions of all and singular the premisses whatsoever and of every part and parcell thereof so that neither I the said R. B. nor my Heirs nor any other person or persons for us or in our names any Right State Title Claim Use Interest Dower Title of Dower or Demand of and in the aforesaid Mannor Messuages Lands Tenements Meadows Feedings Pastures and Hereditaments and other the Premisses with all and singular their Appurtenances or any part or parcell thereof may from henceforth require