or procurement In witnesse whereof c. A Defezance upon a Bond Sued to a Judgement THis Indenture made the c. Between W. R. of c. on the one part and I. P. and G. A. of c. on the other part witnesseth That whereas the said I. and G. together with one E. A. of c. by one obligation bearing date c. became joyntly and severally bounden unto the said W. R. in the summe of c. with condition thereupon made for the payment of c. as by the same obligation and condition thereof at large appeareth which said sum of c. or any part thereof or any thing in lieu of the same was not paid unto the said W.R. in the said obligation named nor at any time before nor sithence By means whereof the said obligation became forfeited And whereas the said W. R. hath brought severall actions of debt in the Kings Majesties Court of Common Pleas at Westminster upon the said obligation against the said I. P. and G. A. upon which said Actions severall Judgments are had and obtained in the said Court Yet neverthelesse the said W. R. is contented pleased doth Covenant that neither he the said W. B. his Executors Ad. or Assigns nor any other of them Not to take out execution until c. shall at any time before c. take out any Execution or Executions upon the said Judgements or either of them And further the said W. doth c. that R. if the said I.P. and G.A. or either of them c. do pay c. That then he the said W. R. his Executors To acknowledge satisfaction on payment or Administrators shall upon request made and at the charges of the said I. P. and G. A. c. acknowledge satisfaction upon Record of and for the said severall Judgements And shall also deliver unto them the said c. the said Obligation to be cancelled And the said I. P. and G. A. to be thereof and of the said severall Judgements discharged In Witnesse c. An Indenture of Partition where one had a greater share then the other for which a sum was paid c. THis Indenture made c. Between I. H. c. on the one part and I. M. c. on the other part Witnesseth That the said I. H. and I. M. are and doe now stand seized in their demeasne as of see in Common undivided of and in one Messuage or Tenement and one Yard land thereunto belonging now or late in the tenure of c. scituate c. It is now to the end a perpetuall partition division shall be had and made between the said parties of and in the said c. and other the premisses aforesaid Covenanted concluded and agreed by and between the said parties to these presents in manner and form following And first the said I. H. for himself c. that he the said I. M. his Heirs and Assignes shall from henceforth have hold and peaceably enjoy in severalty to him and to his Heirs for ever to his and their owne proper use and behoofe the one moity or halfe part of the said Messuage or Tenement and one yard land with the appurtenances that is to say c. And that he the said I. H. nor his Heirs shall from henceforth claim or demand any Right Title Use or possession in or to the same or any part thereof but that the said I. H. and his Heirs and Assigns shall at all time and times hereafter from all Actions Right Title and demand thereof or thereunto be utterly excluded and for ever debarred by these presents And the said I. M. for himself c. that he the said I. H. his Heirs and Assigns shall from henceforth have hold and peaceably enjoy in Severalty to him the said I. H. his Heirs and Assigns for ever to his and their own proper use and behoof The other moity or halfe part of the said Messuage c. And that the said I. M. nor his Heirs shal not from henceforth claim c. Vt súpra And in consideration of the said portions and forasmuch as the part and portion by these presents allotted and assigned to the said I. H. and his Heirs were at the ensealing hereof of more and greater value then the said part and portion before allotted and assigned to the said I. M. and his Heirs he the said I. H. hath at the ensealing and delivery of these presents well and truly paid to the said I. M. the sum of c. the receipt whereof the said I. M. doth hereby acknowledge and thereof and of every part thereof doth acquit exonerate and for ever discharge the said I. H. c by these presents In witnes whereof c. A Grant of a Rent reserved by Lease THis Indenture made the c. Between W.B. of c. and A. B. of c. Witnesseth That whereas the said W. B. by his Indenture of Lease bearing date the c. reciting the Lease as in and by the same recited Indenture of Lease c Now this Indenture further Witnesseth That the said W B. for and in consideration of a certain competent summe of c. Hath demised granted bargained and to farm-letten and by these presents doth demise grant and to farm-let unto the said A. B. the Reversion and remainder of the said Shop Warehouse Chambers and other the premisses by the said Indenture of Lease demised Together also with the said yearly Rent of c. thereby reserved and the counterparte of the same Indenture of Lease under the hand and seale of the said c. To have hold possesse and enjoy the said Reversion and Rent of c. and every part thereof unto the said A. B. his Executors Administrators and Assigns from the day of the date of these presents forwards for and during all the residue of the aforesaid term of c. yet to come and un-expired Yeilding and paying therefore yearly during the said terme unto the said W. B. his Executors or Assigns at the Feast of c. only one Pepper-corn if the same shall be lawfully demanded And the said W. B. for himself c. that he the said W. B. at the time of the ensealing and delivery of these presents is the true perfect and lawfull owner and possessor of the said demised reversion and rent And is at the ensealing and delivery of these presents lawfully and absolutely possessed thereof And that he the said W. B. hath full power good right true title and lawfull Authority to demise and grant the said Reversion and rent of c. unto the said A. B. his Executors Administrators and Assigns for and during all the rest and residue of the said term of c. in manner and form aforesaid according to the true intent and meaning of these presents And further that he the said W. B. his Heirs Executors Administrators and Assigns and every of them from time to time and
The first part of THE YOUNG CLERKS GUIDE OR An exact Collection of choice ENGLISH PRESIDENTS accordig to the best forms now used For all sorts of Indentures Letters of Atturney Releases Conditions c. Very useful and necessary for all but chiefly for those that intend to follow the Atturney's practice Compiled by R. F. Councellour And Revised by an able practitioner LONDON Printed for Humphry Tuckey at the Black Spread-Eagle in Fleet-street 1649. THE TABLE Indentures AN Indenture of Annuity for forty years if the party to whom it is granted live so long Page 1 An Indenture of Lease of a Messuage and Lands with extraordinary Covenants 5 A Lease of a house and Land made in consideration of a sum of money paying a Peper corne yearly the fee simple being in the Lessor 11 An Indenture for justifying of actions upon setting over a Statute staple 45 An Indenture between the Scavenger and Raker for clensing the streets 47 A Lease made in consideration of the surrender of a former Lease to continue for three lives with good covenants 54 A grant of an Extent penned by Mr Tho Bromley then Scolicitor 61 A short Lease of Tithes 66 An assurance of a Joynture to a wife with remainder in taile 73 A Lease of a Fee-farme and certaine Lands with necessary covenants 75 A Lease of diverse lands with a covenant to pay Heriots upon deaths with many other necessary Covenants 110 A Joynture with divers limitations with a provisoe for revocation 117 A sale of the moity of a Rent reserved by Lease 134 A charter party for a ship voyage 154 An Indenture of a Bargaine and Sale of a Mannour with necessary Covenants 158 An Indenture to lead the use of a Fine 164 An Indenture of demise of divers lands for a 1000 years paying a pepper corne yearly 166 A Re-demise of the former demised premsses to the same parties reserving the rent of 240 l. with a provisoe that the same rent c. shall cease on the payment of 3000 l. for which this and the former demise are securities 169 A Lease of a house in London 173 A Defeazance upon a Bond sued to a Judgment 177 An Indenture of partition where one hath a greater share then the other for which a sum is paid 178 A Grant of a rent reserved by Lease during the terme therein mentioned 180 An annuity or yearly Rent-charge 181 An Indenture of apprentiship 184 A Bargaine and Sale of a Mannour 185 An Indenture of defeazance for making void all former Statutes payment of a sum of money and performance of Covenants 189 A Conveyance of a house and Lands in fee simple 192 A Joynture made to a wife before Marriage 196 A Lease to trie a Title 199 A Bargaine and Sale of a house in London 200 A Short Lease of a house in London 205 An Indenture of Covenants for passing a Recovery in the Common-Pleas to cut off an entaile 207 A Defeazence upon a Statute 264 A Defeazence upon a Judgement 265 A Defeazance upon a Morgage of Lands formerly forfeited 266 Another Defeazence upon a Statute 268 A Bargaine and Sale of houshold stuffe 271 A Bargaine and Sale of Leases and goods on condition to pay debts and Legacies 272 An Indenture for suing forth a Writ of Entry of a Mannour to the intent a recovery may be had 332 A Bargaine and Sale of Trees by Indenture 334 An Indenture of Lease of a house and Lands in the Country with extraordinary covenants in the same 335 An absolute Bargaine and Sale of a house and lands very strongly penned 342 A Conveyance of a Mannour and lands in consideration of a Marriage c. 347 An assurance of a Joynture made before Marriage with speciall covenants concerning children by a former husband 357 An Assignments AN assignment of a Lease of a house and lands to a third person upon condition that if a sum of money be not paid at the time appointed for payment then the assignment to be void 15 An assignment of a Judgement with a Letter of Atturney therein incerted 17 An assignment of a house and lands from one who had the same in Morgage and was forfeited to him 20 An assignment of a Lease in nature of a Morgarge for indempnity of certaine sureties bound in an Obligation made to another in trust for their use 22 An anssignment of a Recognizance with very good covenants therein incerted 35 An assignment of a Bond for performance of covenants 62 An assignment of two severall Obligations 80 An assignment of two apprentices and their years to come 82 An assignment of a Lease of particion wherein three are Lessours to a third person 88 An assignment of a wharfe-stock of wood poles lighters c. with a general release and covenants for quiet enjoying 94 An assignment of a Lease of a Messuage divers plats of ground with buttals and boundals wherein is recited severall former Leases of the premisses 97 An assignment of a Lease reciting divers Leases with severall covenants 104 An assignment of a Lease with a provisoe to have the same again upon payment of a sum of money 148 An assignment of lands taken upon extent 151 An assignment of a Lease 209 An assignment of the moity of a house and goods with good covenants 212 An assignment of a Lease in trust where the assignor is to take a further estate in the premisses 216 An assignment of a Judgement 217 An assignment of an Annuity 219 An assignment of a Judgement 275 An assignment of a Statute 278 An assignment of an Annuity 281 An assignment of a Lease 283 An assignment of an Annuity 329 Releases An Indenture of release of Lands mortgaged the money being paid and the Lands sold to a third person 27 A general Release 39 A Release from one that hath lost his Counter-part of a Lease from all breach of covenants therein contained 40 A Release of fines and forfeitures due to the King and to the Informer upon the Statute of Recusancy 42 A Resignation or release from one used in trust of all the benefit he might reclaime by vertue of any covenant in the Iedenture 44 A generall Release 51 A Release of an Annuity 64 A Release of a Dower 70 A release made where one hath lost his articles of agreement 71 A revocation of a pretended contract of Matrimony 150 A Release of Lands on performance of articles 191 A Release from one used in trust in an Indenture of bargaine c. 220 A Release for wast done 223 Release of Errours 224 A generall Release 259 A Release of Errours 259 A Release of Errours concerning a Judgement 260 A Release upon the receipt of a Legacy 260 A Release of Lands 261 A Release of Lands with a Covenant to lead the use of a Fine 262 A Revocation of uses 263 Letters of Atturney A Letter of Atturney to receive debts only 49 A Letter of Atturney generall to receive debts c. and to enter
sum of 25. l. of c. to me in hand paid at the ensealing and delivery of these presents by A. R. of c. whereof I acknowledge my self fully satisfied and paid and thereof and of every part and parcel thereof do clearly acquit exonerate and discharge the said A. his Executors Administrators and Assigns by these presents Have granted bargained and sold and by these presents do fully clearly and absolutely grant bargain sell and deliver unto the said A. R. all such Goods and Houshold-stuffe and implements of Houshold and other things mentioned and contained in a Schedule hereunto annexed now remaining and being in one Messuage House or Tenement and the Garden and Yard thereunto belonging called Dales scituate lying and being in Hammersmith in the County of Middlesex and now in the tenure or occupation of the said T. N. or of his Assigns To have and to hold all and singular the said Goods Houshold-stuffe and implements of Houshold and every of them before by these presents bargained and sold or mentioned to be bargained and sold unto the said A. R. his Executors Administrators and Assigns for ever To do and dispose of them and every of them at his and their will and pleasure And the said T. N. for himself his Executors and Administrators doth covenant promise and grant to and with the said A. R. his Executors Administrators and Assigns by these presents That he the said T. N his Executors Administrators and Assigns and every of them all and singular the said Goods Utensils Implements of Houshold and Houshold-stuffe before bargained and sold and every of them unto the said A. R. his Executors Administrators and Assigns against all and every other person and persons whatsoever shall warrant and for ever defend by these presents In witnesse c. A Bargain and Sale of Leases and Goods on condition to pay Debts and Legacies BEE it known unto all men by these presents that I A. T. of c. have given granted bargained sold and by this my present Deed do give grant bargain and sell unto R. T. my Son all my Leases or Lands held by Lease for years and all my Goods and Chattels both reall and personall both moveable and unmoveable quick and dead of what kind soever they be of and in whose hands custody or possession soever they be To have and to hold to the said R. and his Assigns for ever to his and their own proper use and behoof for evermore upon condition following That is to say that the said R. shall well and truly content and pay or cause to be contented and paid all my debts whatsoever and also shall pay and perform or cause to be performed and paid all my Gifts and Legacies which I the said A. T. shall ordain and appoint by my last Will and Testament In witnesse c. The forme of an Award TO all Christian people to whom this present writing of Award indented shall come G. M. of c. sendeth greeting in our Lord God everlasting Whereas divers questions controversies and suits have been had moved and depending between I. P. of c. of the one party and R. H. of c. of the other party as well for and concerning the interest and profits of the Rectory and Parsonage of c. as also for other causes and actions for appeasing whereof either of the said parties have elected and chosen me the said G. M. to be Arbitrator indifferently between them and to that end have bound themselves either to other by Obligation in the sum of 100 l. to stand to and abide the Award Arbitrament and Judgment of ye the said G. M. touching the premisses Now know ye that I the said G. M. taking upon me the charge of the said Award and minding that a finall end and agreement shall be had and continued from henceforth between the said parties touching the premisses do make and declare this my Award in manner and form following that is to say First I Award c. A Protection in time of Parliament FOrasmuch as I have speciall occasions to imploy the Bearer hereof A. B. my Servant in and about my service and occasions during this present Session of Parliament These are therfore to will and require you to forbear to arrest attach or imprison him the said A. B. but to permit and suffer him peaceably and quietly to go about his businesse at his will and pleasure during all this present time of Parliament without any your suit arrest or disturbance as you will answer the contrary at your perill Given under my hand and seal the c. A Surrender of Copy-hold Land by way of Morgage MEmorandum That the day and year above-written E. L. of c. did out of Court by the hands of R. G. and I. F. two of the customary Tenants of the said Mannor surrender by the Rod into the hands of the Lord of the said Mannor two parcels of Land with th' appurtenances containing by estimation seven acres or thereabouts one parcel whereof lyeth in Hammersmith within the aforesaid Parishes of c. between the Lands of G. L. and R. M. Esquire on the East and the Lands of G. M. Gentleman on the West the Common Sewer on the North and the Lands of W. H. on the South and the other parcel of Land containing by estimation four acres being in c. between the Land of the Bishop of c. on the West the Glebe Lands belonging to the Parsonage of c. on the East the Lands of c. on the North and the Lands of the said E. P. on the South To the only use and behoof of I. P. his Heirs and Assigns for ever To have and to hold the said parcels of Land and every of them with their and every of their appurtenances unto the said I. P. his Heirs and Assigns for ever according to the custome of the said Mannor Provided alwaies neverthelesse and upon this condition that if the said E. L. his Heirs or Assigns do well and truly content and pay or cause to be paid unto the said I. P. his Executors Administrators or Assigns the full sum of one hundred thirty and four pounds of lawfull money of England on the c. next ensuing the date within written at or in c. That then this present surrender to be voyd and of none effect or else to stand and abide in full force and vertue An Assignment of a Judgement TO all c. A. C. of c. sendeth greeting Whereas T. W. of c. and H. E. of c. by their obligation beaing date c. in the tenth year of the Reign of our Soveraign Lord Charls c. are and stand joyntly and severally bound unto the said A. C. in the sum of c. with condition of payment of c. on the c. then next following at c. as by the same obligation may appear which sum of c. was not paid
said Closes and other the premisses then or late were in the tenure or occupation of the said M. his Assignee or Assignees and are scituate lying and being in Arlescot aforesaid in the said County of N. And also all other Messuages Houses Edifices Buildings Dove-houses Orchards Gardens Tenements Meadows Pastures Feedings Woods Under-woods Commons Wast-ground Moors Meadows Marshes Rents Reversions Services Profits Commodities and Hereditaments whatsoever of them the said M. C. and A. C. or either of them scituate lying and being in A. aforesaid and N. or in either of them in the said County of M. To have and to hold the said Mansion-house Closes of Meadow Pasture and errable and all and singular other the premisses with their and every of their appurtenances by the said Indenture of Lease demised or mentioned to be demised and every part and parcell thereof unto the said T. E. his Executors Administrators and Assignes from the Feast of c. then last past before the date of the same Indenture of Lease unto the full end and terme of c. from thence next ensuing and fully to be compleat and ended Yeilding and paying therefore yearly during the said Terme unto the said M. C. and A. his Wife and to the Heires and Assignes of the said M. One Pepper Corne only at the Feast of c. if the same shall be lawfully demanded as in and by the same Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now this Indenture further witnesseth that the said T. E. for and under the proviso or condition hereafter in these presents mentioned and expressed hath bargained sold assigned and set over and by these presents doth fully clearly and absolutely bargain sell assigne and set over unto the said T. C. his heires and Assignes all the estate right title interest property possession terme of years Claim and demand whatsoever which he the said T. E. now hath may might should or in any wise ought to have or claim of in or to the said Mansion house closes of Land and other the premisses with the appurtenances by the said Indenture of Lease demised and in and to every or any part or parcell thereof by force and vertue of the said recited Indenture of Lease provided alwayes that if the said T. E. his Heires Executors Administrators or Assignes or some of them shall not well and truely pay or cause to be paid unto the said T. E. his Executors Administrators or Assigns the sum of c. without fraud c. That then this present Indenture and all and every Covenant Grant Article and Agreement therein contained shall be utterly void frustrate and of none effect any thing herein before specified to the contrary thereof in any wise notwithstanding In witnesse c. An Assignment of a Judgement with a Letter of Atturney therein inserted TO all Christian people to whom this present writing shall come we I. H. Clerke Parson of c. and Oliver Buck of c. son and Executors of I. B. late of c. Gentleman deceased send greeting Whereas there is a Judgement of 400. l. depending in the Court commonly called the Kings Bench at Westminster against E. S. of F c. Esq and R. S. of F. aforesaid Gentleman at the Suit of me the said I. H. and of the said I. B. Deceased as by the Record thereof remaining in the said Court of Kings Bench more at large may appear upon which Judgement there hath been Execution lately prosecuted and taken forth Now know ye that we the said I.H. and G. B for divers just causes and valuable considerations us hereunto especially moving Have granted transferred Assigned and set over and by these presents do clearly and absolutely Grant Transfer Assigne and set over unto Anthony H. of Lincolnes Inne in the County of Middlesex Gentleman his Executors Administrators and Assignes as well the said Judgement of 400. l. aforesaid as also all the Benefit Commoditie Sum and Sums of Money profit and advantages whatsoever that now is or hereafter shall be obtained or gotten by reason or meanes of the same Judgement of any Execution or Extent thereof or thereupon to be had sued executed or obtained And all the Estate Title Interest and Demand whatsoever which we the said I H. and O. B. or either of us have or ought to have or claime of in and to the said Judgement of 400. l. or any summe of Money Lands Tenements or other things which by vertue thereof or of any Execution Processe or proceedings thereupon sued shall be recovered obtained or gotten And further we the said I. H. and O. B. do by these presents make ordaine constitute authorize and appoint the said A. H. to be our true and lawfull Atturney for us and in our names or the name of either of us to Sue and Prosecute the Execution upon the said Judgement and upon satisfaction given of any other end Composition or Agreement made concerning the premisses to acknowledge satisfaction or to make and do any other Release discharge for the same and all and every other Actor Acts thing or things whatsoever as shall be requisite and needfull to be done in or about the premisses which we Covenant promise and grant to allow ratifie establish and confirme by these presents And we the said I. S. and O. B. for us and either of us our Executors and Administrators do covenant promise and grant to and with the said I. H. his Executors Administrators and Assignes by these presents in manner and forme following That is to say that neither the said I. B. in his life-time nor we the said I. H. and O. B. nor any of us have heretofore made done or committed any Release or other Discharge of the said Judgement or of any Extent or Execution which hath been thereupon Sued or Executed nor we the said I. H. and O. B. or either of us our Executors or Administrators at any time hereafter shall or will make commit or do any Release or other Act or thing whatsoever whereby the said Judgement or any Extent or Execution which hath been thereupon Sued or Executed or which shall be thereupon sued or executed at any time hereafter by the said A. H. or his Assigns shal be in any manner of wise hurt hindred disabled debarred or extinguished without the consent of the said A. H. his Executors or Assignes thereunto first had and obtained in writing under his or their hands and seals And further that we the said I. H. and O. B. our Executors Administrators and Assigns and every of us shall and wil at all times hereafter and from time to time upon request made and at the costs and charges of the said A. H. and his Assignes maintaine justifie allow and confirm all such lawfull actions suits processe Extents Executions and proceedings whatsoever as have been or hereafter shall be brought sued forth
or prosecuted against the said E. S. and R. S. or either of them their Executors or Administrators or their or any of their Lands Tenements or goods upon or by reason of the said Judgement of four hundred pounds above mentioned And that he the said A. H. his Executors and Administrators shall and may peaceably and quietly have and hold receive and enjoy to his and their own proper uses and behoofs all such benefit sum and sums of money Lands Tenements and other things as by vertue of the said Judgement or any Extents Execution Processe or proceedings thereupon brought or to be brought sued or prosecuted shall be recovered obtained or gotten without the let suit trouble eviction or disturbance of us the said I. H. and O. B. or either of us our Executors or Administrators and without any Accompt or other thing to us or any of us to be therfore made or given In witnesse c. An Assignment of a House and Lands from one who had the same in Morgage and was forfeited to him THis Indenture made c. between W. B. of c. on the one part and G. H. of c. on the other part Witnesseth That whereas B. C. of c. by his Indenture bearing date c. so go forward with the recitals And whereas in the said recited Indenture of Assignment there is a proviso or condition conteined for redemption of the premisses upon payment of one hundred pounds of c. on the sixth day of c. which then should be and since hath been in the year of our Lord God c. At or in the c. as in and by the said Proviso or Condition whereunto relation being had more fully and at large it doth and may appear which said sum of one hundred pounds c. or any part thereof was not paid or tendred to be paid to or for the said W. B. at the day or place in the Proviso of Redemption limited for the payment thereof and yet remaineth unpaid by reason and means whereof the said Messuage and other the premisses and the whole estate Lease right title and interest of the said B. C. in and to the same became forfeited unto the said B and he thereby was now is and so shal be lawfully interessed and possessed in the same premisses and every part thereof during all the residue term of years which then were and yet are to come and unexpired of the term granted to the said C. B. in and by the said Indenture of Demise above-mentioned Now this Indenture further witnesseth That the said W. B. for and in consideration of the sum of c. to him in hand paid by the said G. H. at and before the ensealing and delivery of these presents whereof and wherewith c. Hath given and granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely give grant c. unto the said G. H. his Executors Administrators and Assigns as well the Messuage Yards Gardens Orchards and Closes to the same adjoyning and belonging Together also with all and every the errable Land Meadows Pastures Feedings Profits Commodities and Hereditaments whatsoever to the said Messuage belonging or in any wise appertaining And all other the premisses with the appurtenances whatsoever in and by the said Indenture of demise granted to the said B. as aforesaid As also all the estate right title interest property possession term of years claim and demand whatsoever which he the said W. B. his Executors Administrators or Assigns now have hath may or might should or in any wise ought to have or claim of in or to the said Messuage and other the premisses with th' appurtenances and every or any of them or any part or parcel thereof by force and vertue of the said Indenture of Morgage or Assignment above recited or either of them or any thing in them or any of them mentioned or contained or by any other waies or means whatsoever together with the same Indenture of Demise and Morgage aforesaid and all and every other Writings and Minuments concerning the same To have and to hold the said Messuage Yards Gardens Orchards Lands Meadows Pastures Feedings Indentures of Demise and Morgage Writings and Minuments estate tight title interest and term of years and all and singular other the premisses with the appurtenances before by these presents bargain'd sold assigned and set over and every part and parcel therof unto the said G. H. his Executors Administrators and Assigns and to his and their own proper uses and behoofs in as large ample and beneficiall manner and form to all intents constructions and purposes as he the said W. B. now hath may might should or in any wise ought to have and enjoy the same by force and vertue of the same Indenture of Lease or Demise or the said Indenture of Morgage aforesaid or either of them or any thing in them or any of them mentioned expressed or otherwise howsoever A Covenant for discharge of Incumbrances In witnesse whereof c. A Morgage of a Lease for Indempnity of certain sureties bound in an obligation made to another in trust for their use 16 13. THis Indenture made the c. Between H. H. of c. Gentleman on the one part and R. M. of c. I. N. and R. D. of c. Gentleman on the other part Witnesseth That whereas c. as in and by the said Indenture of Lease amongst other things more fully and at large appeareth And whereas the said I. N. and R. D. at the request and for the debt of the said I. H. together with him in and by one Obligation with Condition endorsed bearing date with these presents are and stand joyntly and severally bounden unto R. S. of c. in the sum of c. for the true payment of c. on the c. at or in the c. As in and by the said recited Obligation and Condition thereof more at large it doth and may appear Now this Indenture further witnesseth That the said I. H. for the Indempnity and discharge of R. and D. their Heirs Executors Administrators and every of them of and from the said recited Obligation and all sum and sums of money therein mentioned and contained and from all actions Consideration suits and demands concerning the same Hath given granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely give grant bargain sell assign and set over unto the said R. M. his Executors Administrators and Assigns as well the said Messuage or Tenement and all and singular other the premisses with the appurtenances and every part thereof by the said Indenture of Lease demised and every part and parcel thereof as also all the estate right title interest property term of years claim and demand whatsoever which he the said H. H. his Executors Administrators or Assigns now have may might should or in any wise