it stands in force or be reversed by attaint or Writ of Error is final and makes an end of the Suit And here observe 1. That all Judgments are either by Award by Confession by Default or by Tryal Cro. 2.468 2. That a Judgment cannot be depheasanced before it be obtained Cro 1.837 3. That Judgments are much favoured in Law for Judicia in Curia Regis reddita pro veritate accipiuntur et Judicia sunt cantum Juris dicta Judicia in Curia Regis reddita non adnihilentur sed stent in suo robore quousque per errorem aut attinctam adnullentur for Interest reipublicae res judicatas non rescindi et nihil est tam conveniens naturali aequitati quam unum quodque dissolvi eo ligamine quo ligatum est Co. Inst 2. part 360. 4. That if the Plaintiff upon a Judgment dye his Executors or Administrators may not proceed to take advantage thereof or have Execution thereupon till they have first sued out a Scire facias Co. Inst 2. part 288 394. The Method of proceeding in a Judgment is as followeth viz. The Judgment being past the Plaintiff may choose his Execution and to pursue it But he is first to take care that this Judgment be entred in due and legal form which you may see in the Book of Entries Then he must be careful in the choyce of his Execution As for Example If he make choyce of an Elegit it is to be directed to the Sheriff in the form by Law prescribed for which see F.N.B. and the Old N. B. Then the Sheriff having received the Writ must summon a Jury and this Jury is to inquire and return what Fee-simple Fee-tail or for life Lands Goods or Chattels the Defendant had at the time of the Judgment or at any time after And this must be very carefully done the finding must have certainty in it by the quality of the Land as the Mannor of H. a Messuage and 20 Acres of Land Meadow and Pasture in D. in the occupation of J. S. of the value of c. 5. pound Rent c. Then the Sheriff is either at the same time or some time afterward to deliver the one moyety thereof and this last he alone doth without the Jury And herein care must be had that they do it by meets and bounds and that he do certainly describe that which he doth so deliver and that he deliver what is divideable and therefore that he do not divide a Mannor and deliver the moyety thereof for by this means he may destroy the Mannor And if the Sheriff shall deliver too much the Court at the return of the Writ may quash it and order a new Inquiry When the Plaintiff is satisfied by incursion of time the Defendant may re-enter upon his Land without more ado but if he hath received satisfaction by some accidental improvement of the Land there he is to call the party into Court out of which the Writ issued and there to do it by Scire facias Co. 5.38 39. But all Executions are to be taken out within a year after the Judgment else no Execution can be made out without first suing forth a Scire facias Westm 2.45 13 Edw. 1. The Execution upon a Judgment shall relate to the day of the Writs date and the award of the Writ of Execution shall bind all the Goods of him against whom Judgment is which he had at the day of the Execution awarded The Entry of a Judgement may be stayed and arrested if the Court shall see cause That a Judgment may be for a part of the thing only in demand or for the whole That a Judgment may be erroneous and avoidable by a Writ of Error for many causes Cro. 2.303 That after Judgment no Issue shall be taken Cro. 2.126 That when a Judgment is reversed for Error the Party is restored to his first remedy Co. 8.141 The Forms and Presidents of these things vary according as the case requires and being only practicable by Attorneys who are or ought to be well versed therein we will trouble the Reader with them but in the next place shew the several Statutes that speak of the same Stat. Westm 2.18 13 E. 1 That he that recovereth debt or damage in the Kings Court may at his choyce have a Fieri facias of the Lands and Chattels of the Debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough-Beasts and the moyety of his Land by a reasonable extent till the debt be levied And if he be Ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be And this last Writ is called an Elegit which is given upon a Statute also Stat. 32 H. 8. cap. 5. That for all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things inrolled the Execution shall be within the year but after the year a Scire facias whereupon if satisfaction be not made or good cause shewed the Sheriff shall be commanded to Execution That if Lands delivered in Execution upon just cause be recovered without Fraud from the Tenant in Execution before he shall have levied and received his whole debt and damages he may have a Scire facias out of the Court from whence he had the Execution returnable in the same Court at a day Forty dayes at the least after the date of such Scire facias at which day if the Defendant being lawfully warned make default or do appear and do not plead a sufficient cause other than the former acceptance of the Lands to avoid the said Suit for the residue of the said debt and damages the said Court shall issue forth a new Writ of Execution for the levying thereof Stat. 1 Jac. cap. 13. If any taken in Execution be delivered by Priviledg of Parliament as soon as the Priviledg ceases the Plaintiff his Executors or Administrators may sue out a new Execution against him and the Sheriff or other Officer shall not be chargeable for the first Arrest Stat. 3 Jac. cap. 8. That no Execution is to be stayed upon any Writ of Error or Supersedeas upon it for reversing of a Judgment for debt or upon a Contract till the Plaintiff be bound in Recognizance with two Sureties in that Court in double the Summe of the Judgment to prosecute it with effect and pay the debt costs and damages if the Judgment be affirmed Stat. 21 Jac. cap. 24. That the party at whose Suit any one is in Execution for debt or damages recovered their Executors or Administrators may after the death of the person so charged and dying in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person so deceased in like manner as if the person so deceased had never been taken in Execution Howbeit this Act shall
the Execution and justifie it Cro. 1.440 2. After half the Land of a man is taken in Execution upon one Judgment then if there come another Judgment against the same person a moyety of the moyety only left and not of the whole is to be extended Cro. 1.482 483. 3. The Sheriff upon a Fieri facias may not deliver the Defendants Goods to the Plaintiff in satisfaction of his debt Cro. 1. part 504. 4. If the Sheriff open or break any House to do Execution at the Suit of a common person the Execution is good but the party whose House is broken may have an Action of Trespass against him for the breaking of the House Co. 5.93 Co. 4.91 Semaines Case Co. 11.82 5. If the Sheriff have a Fieri facias or a Ca. sa against a man and before Execution executed he pay him the money in this case the Sheriff cannot do execution after if he do an Action of Trespass or False Imprisonment lyeth against per Justice Jones and Justice Berkley B.R. Pasch 12 Car. 6. If Execution be by Fi. Fa. and the Sheriff seise Goods and before the sale the Record is removed by Error and a Supersedeas awarded and a seizure returned in this case a Venditioni Exponas may be awarded upon the return of the Fieri facias which is filed Cro. 1.597 598. 7. If Execution be for the Plaintiff if the Defendant be taken by Capias Utlagatum and if Judgment be affirmed in Error a Capias or other Execution lyes without Scire facias although in another Court Cro. 1.706 851. 8. The ancient Sheriff being out of his Office cannot sell the Goods he took upon a Fieri facias Yelverton 44. How Execution is to be done in the Cinque-Ports see Bendloes 15. Observe here further That if the Defendant dye his body being in Execution the Plaintiff may have a new Execution against the Lands or Goods of the Defendant as he pleaseth but the Plaintiff while he hath the body of the Defendant in Execution can have no other Execution against his Lands or Goods Co. 5.65 66.86 87. A new Execution may be sued against any man who by Priviledg of Parliament shall be set at liberty Stat. 5 Jac. cap. 13. If the Sheriff hath a man in his custody by process of Law and after this a Writ of Capias ad Satisfaciendum is delivered to him in this case in Judgment of Law he shall be in Execution presently upon that Writ though he never make any actual arrest thereupon Co. 5.89 I will now cite some few Cases to illustrate this Point 1. If two be in Execution for one debt and one of them dye under Execution this will not discharge the other But death under Execution in case where there is but one Defendant is in satisfaction Cro. 1.851 F.N.B. 146. Cro. 2.136 143. But this by the Common Law For now by the Stat. of 21 Jac. cap. 24. If a man be in Execution for a debt and dye in Execution for it the debt unpaid the Plaintiff shall now have as much remedy against his Lands and Goods as if he had never been or dyed in Execution Co. 5.86 Cro. 2.136 142. 33 H. 6.47 3 H. 6.7 N.B. 246. 2. If the Defendant pay the money by this he shall be discharged of the Execution So a Release of all Executions will barr in this case although it be in the Kings case But a Release of all Suits will not discharge from Execution in the case of the King or Subject Co. 8.153 But a Release of the Judgment and of all debts and duties will discharge the Body out of Execution Co. 1. part Inst 291. But if he make any Depheasance Release or other such like act to the Defendant being in Execution amounting to a discharge of the Execution this will not be in it self ipso facto a discharge of the Execution but this will make way for his discharge by Audita Querela or some other means And therefore in case where the Plaintiff consented that the Defendant his Prisoner in the Kings Bench should come to him out of Prison to the Horse-shooe Tavern which was out of the Rules without a Keeper or any Order of the Court thinking to have some agreement with him and he doth come to him and was taken again upon the same Execution and put into the Kings-Bench he was relieved and discharged by Audita Querela And a discharge by word in this case is good enough For if I say to the Sheriff and bid him discharge such a one he hath in Execution at my Suit or suffer him to go at large this is a good discharge both to the Sheriff and to the party Popham 206 207. Trin. 24 Car. B.R. Walker and Alder. 3. If A. and B. Joynt-Tenants for life the Remainder in Fee and Judgment is given against A. in debt and afterwards before Execution he release to his Companion this shall not avoid the Execution upon the Land But if A. had dyed before Execution the Survivor would have held the Land discharged Co. 6.79 Abergavenyes Case 4. If a Judgment be against one Obligor in the Common-Pleas and another Judgment in the Kings-Bench against the other Obligor and a Capias ad Satisfaciendum in the Kings-Bench against that Defendant and then the Body and Lands of the other is taken in the Common-Pleas and he is delivered by Audita Querela as he may be although the Land taken in Execution be evicted yet his body shall never be re-taken in Execution Hob. Rep. 2. 5. If a Sheriff Gaoler or other Officer that hath a man in Execution at my Suit for debt or damages do after suffer him wilfully or negligently to escape and do not re-take him before I commence my Action against him In this case I may in an Action of Debt or Action of the Case which I will recover against him by whose means this is done but not against his Executors or Administrators so much as I am damnified thereby Plowd 45. Co. 3.52 Dyer 278. Cro. 3.767 F.N.B. 93. 6. If the Sheriff take one in Execution at my Suit be the process by which he is taken erronious or not if the Sheriff suffer him to escape he shall be charged with this escape Cro. 3.188 576. Cro. 2.1 7. If the Chief Justice of the Court by which the Prisoner is committed the Sheriff and the Plaintiff in the Suit all of them agree together to let a prisoner in Execution out for a time this will be no escape especially there where the Prisoner doth return at his time Dyer 275. 8. If the King or any great Man out of the ordinary way of Law shall command or require the Sheriff or other Officer that hath the keeping of such a prisoner to set him at liberty altogether or foâ time and he doth so although he return to prison again yet this will be an escape in the Sheriff to make him liable to action Dyer 278 279. 9. If a
and A. C. then Wife of the said M. by their Indenture of Lease being dated the c. for the considerations therein mentioned did demise grant and to Farm let unto the said T. E. his Executors Administrators and Assigns all that his Mansion-house with the Rights Members and Appurtenances thereof scituate lying and being in Arlescot in the Parish of N. in the County of N. and all that Close of Pasture commonly called or known by the name of the great Close containing by estimation forty Acres be it more or less and also all that Close of pasture commonly called or known by the name of the middle pasture containing by estimation forty Acres be it more or less and all that Close of Meadow c. all and singular which said Closes and other the premises then or late were in the Tenure or Occupation of the said M. his Assignee or Assignees and are scituate lying and being in Arlescot aforesaid in the said County of N. and also all other Messuages Houses Edifices Buildings Dove-houses Orchards Gardens Tenements Meadows Pastures Feedings Woods Under-woods Commons Waste-ground Moors Marshes Rents Reversions Services Profits Commodities and Hereditaments whatsoever of them the said M. C. and A. C. or either of them scituate lying and being in A. aforesaid and N. or either of them in the said County of N. to Have and to Hold the said Mansion-house Closes of Meadow Pasture and Arable and all and singular other premises with their and every of their appurtenances by the said Indenture of Lease demised or mentioned to be demised and every part and parcel thereof unto the said T. E. his Executors Administrators and Assigns from the Feast of c. then last past before the Date of the same Indenture of Lease unto the full end and term of c. from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term unto the said M. C. and A. his wife and to the Heirs and Assigns of the said M. one pepper-corn onely at the Feast of c. if the same shall be lawfully demanded as in and by the same Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now this Indenture further witnesseth the said T. E. for and under the Proviso or Condition hereafter in these presents mentioned and expressed hath granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely grant bargain sell assign and set over unto the said T. C. his Heirs and Assigns all the Estate Right Title Interest Property Possession Term of years Claim and Demand whatsoever which he the said T. E. now hath may might should or in any wise ought to have or claim of in or to the said Mansion-house Closes of Land and other the premises with the appurtenances by the said Indenture of Lease demised and in and to every or any part or parcel thereof by force and vertue of the said recited Indenture of Lease Provided alwayes That if the said T. C. his Heirs Executors Administrators or Assigns or some of them shall not well and truly pay or cause to be paid unto the said T. E. his Executors Administrators or Assigns the sum of c. at or on c. without fraud c. That then this present Indenture and all and every Covenant Grant Article and Agreement therein contained shall be utterly void frustrate and of none effect any thing herein before specified to the contrary thereof in any wise notwithstanding In witness c. An Assignment of a Judgment with a Letter of Atturney therein asserted TO all Christian People to whom this present Writing shall come we I. H. Clerk Parson of c. and O. B. of c. Son and Executor of I. B. late of Gentleman deceased send greeting Whereas there is a Judgment of 400 l. depending in the Court commonly called the Kings Bench at Westminster against E. S. of F. Esq and R. S. of F. aforesaid Gentleman at the suit of me the said I. H. and of the said I. B. deceased as by the Record thereof remaining in the said Court of Kings Bench more at large may appear upon which Judgment there hath been Execution lately prosecuted and taken forth Now know ye That we the said I. H. and O. B. for divers just Causes and valuable Considerations us hereunto especially moving Have granted transferred assigned and set over and by these presents do clearly and absolutely grant transfer assign and set over unto Anthony H. of Lincolns Inn in the County of Middlesex Gentleman his Executors Administrators and Assigns as well the said Judgment of 400 l. aforesaid as also all the Benefit Commodity Sum and Sums of Money profit and advantages whatsoever that now is or hereafter shall be obtained or gotten by reason or means of the same Judgment or of any Execution or Extent thereof or thereupon to be had sued executed or obtained and all the Estate Right Title Interest and Demand whatsoever which we the said I. H. and O. B. or either of us have or ought to have or claim of in and to the said Judgment of 400 l. or any sum of Money Lands Tenements or other things which by vertue thereof or of any Execution Process or proceedings thereupon used shall be recovered obtained or gotten and further we the said I. H. and O. B. do by these presents make ordain constitute authorize and appoint the said A. H. to be our true and lawful Attorney for us and in our names or the names of either of us to sue and prosecute the Execution upon the said Judgment and upon satisfaction given or any other end Composition or Agreement made concerning the premises to ãâã knowledge satisfaction or to make and do any other Release and Discharge for the same and all and every other act or acts thing or things whatsoever as shall be requisite and needful to be done in and about the premises we covenant promise and grant allow ratifie establish and confirm by these presents And we the said I. S. and O. B. for us and either of us our Executors and Administrators do covenant promise and grant to and with the said A. H. his Executors Administrators and Assigns by these presents in manner and form following That is to say that neither the said I. B. in his life-time nor we the said I. H. and O. B. nor any of us have heretofore made done or committed any Release or other Discharge of the said Judgment or of any Extent or Execution which hath been thereupon sued or executed nor we the said I. H. and O. B. or either of us our Executors or Administrators at any time hereafter shall or will make commit or do any Release or other act or thing whatsoever whereby the said Judgment or any Extent or Execution which hath been thereupon sued or executed or
said G. H. now hath full power true title and absolute authority to demise grant c. the said c. and all and singular other the premises with the appurtenances before demised and every part and parcel thereof unto the said J. P. his Executors Administrators and Assigns for the term of c. in manner and form as in and by these presents is mentioned limited and expressed A Covenant that the Lessee shall not cut down or fell the Trees without the consent of the Lessor ANd the said T. H. for himself c. that he the said T. H. his c. or any of them shall not at any time hereafter during the said term commit or cause procure or wittingly suffer to be committed or done any manner of wilful waste or destruction in or upon the premises or any part thereof nor shall cut down fell take or carry away any of the Woods Under-woods or Trees growing standing or being or which hereafter shall grow stand or be in or upon the premises before demised or in or upon any part or parcel thereof without the licence consent or agreement of the above-named U. B. his Heirs or Assigns in writing first had and obtained A Condition of Arbitrement general and special THe Condition c. That if the within-bounden R. C. and R. A. their c. and every of them do and shall for their and every of their parts and behalfs in all things well and truly stand to abide obey observe perform fulfil and keep the award arbitrement order rule determination and judgment of c. Arbitrators indifferently chosen elected and named as well on the part and behalf of the said R. C. R. A. as on the part and behalf of the within-named R. S. and c. to arbitrate award rule decree and judge of for upon touching or concerning all Actions Suits Doubts and variances concerning c. out of the Mannor of L. in the Parish of W. in the County of c. now in question and controversie between the said Parties and also for touching and concerning all and all manner of other Suits Quarrels Debts Debates Duties Bonds Specialties Controversies Transgressions Offences Strifes Contentions Reckonings Accounts and Demands whatsoever which between the said R. C. and R. A. on the one part and the said J. G. the elder and the said J. S. the younger and divers other persons on the other part at any time from the beginning of the World until the day of the date of these presents have been had moved stirred or are in any wise depending so alwayes as the same award arbitrement or determination and judgment of the Parties in and upon the same premises be made and given up in writing indented under their Hands and Seals ready to be delivered to the said Parties at or in c. on or before c. That then this c. A Condition for the truth of an Apprentice and to restore the value of all such Goods as by proof shall appear be hath imbeazled THe Condition c. That whereas J. D. c. Son of c. by his Indenture of Apprentiship to the within-named W. G. hath bound himself to the said W. G. with him to dwell and abide from the Feast of c. unto c. from thence next ensuing fully to be compleat and ended as in and by the said c. more fully may appear If therefore the said J. D. the Apprentice do or shall at any time or times hereafter during the said term of c. wilfully waste imbeazle consume spend or make away or otherwise deliver or lend upon trust without ready money to any person or persons without the consent of the said W. G. his Master and of the Goods Wares Monies or Merchandize of the said W. G. his Executors or Assigns Then if the above bounden L. M. his Executors or Assigns or any of them do and shall within two Moneths next after request made and notice thereof given from time to time during the said term well and truly pay or cause to be paid to the said W. G. his Executors or Assigns the full sum and value of all such Goods Wares Money or Merchandize as by the just and true proofs shall appear the said J. D. to have spent imbeazled wasted consumed or lent without consent as aforesaid to the hârt and hinderance of the said W. G. his Executors or Assigns without fraud or coven That then c. A Condition to acknowledge satisfaction upon a Judgment THe Condition c. That if the within-bounden J. P. his Executors Administrators or Assigns or any of them do or shall before the end of Easter Term now next coming after the ãâã within written by himself or by his or their lawful Attorneys in the Kings Majesties Court of Common-Pleas confess and acknowledge satisfaction of all such Judgments and Executions as the said J. P. hath recovered in the said Court against W. L. of c. Gentleman That then c. A Condition to make assurance upon request THe Condition c. That if the within-bounden H. S. or his Assigns shall and will at all times hereafter upon reasonable request and at the Costs and Charges of the within named J. F. his Heirs and Assigns by such lawful act and acts thing and things conveyances and assurances in the Law whatsoever as by the said J. F. his Heits or Assigns or his or their Council learned in the Law shall be reasonably devised or required lawfully and sufficiently give grant convey and assure unto the said J. F. his Heirs and Assigns for ever all that c. in the Town and Parish of I. in the County of D. now in the Tenure of c. clearly acquitted and discharged or otherwise sufficiently saved and kept harmless of and from all and all manner of former Bargains Sales Charges Titles Troubles and Incumbrances whatsoever had made committed or done by the said S. H. or by any other person or persons whatsoever That then c. A Condition to find one his Dyet by the year THe Condition c. that if the within-bounden T. W. his Executors or Assigns do and shall at his and their own proper Costs and Charges find provide and allow unto J. B. or any servant of the within-named I. B. in his stead and place good wholesome and sufficient Dyet and Victuals of Meat and Drink meet and convenient and in such sort as is now by the above-bounden T. W. allowed for the time and space of one whole year from the Feast of the Nativity of c. next ensuing c. at or in the now c. And if at any time the said I. B. or such said Servant of the said I. B. so to be dyeted for the time being shall absent himself from his said Commons by the space of six weeks or more together at any time or times during the said term If then and so often as he shall be absent the said
of England on the c. next ensuing the date within-written at or in c. That then this present Surrender to be void and of none effect or else to stand and abide in full force and virtue An Assignment of a Judgment TO all c. A. C. of c. sendeth greeting Whereas T. W. of c. and H. F. of c. by their Obligation bearing date c. in the tenth year of the Reign of our Soveraign Lord CHARLES c. are and stand joyntly and severally bound unto the said A. C. in the sum of c. with condition of payment of c. on the c. then next following at c. as by the same Obligation may appear which sum of c. was not paid at the day and place before expressed for the payment thereof whereby the said Obligation became forfeited sithence which time the said A. C. hath commenced her Action of Debt upon the said recited Obligation in His Majesties Court of Kings Bench at Westminster and hath thereupon recovered and obtained a Judgment of 200 l. and 25 s. costs of Suit against the said T. W. in Hillary Term last past before the date of these presents Now know all men by these presents That she the said A. C. for divers good Causes and Considerations her thereunto moving hath constituted and appointed her well-beloved Friend T. K. of c. her true and lawful Attorney for her and in her Name to demand ask levy recover receive and take of the said T. W. his Heirs Executors Administrators and Assigns the said sum of 200 l. and 25 s. costs of Suits and for default of payment thereof or of any part thereof to sue forth one or more Writ or Writs of Execution or other lawful Process whatsoever and further do and use all other lawful wayes and means for the recovery thereof as by the said Attorney or his Council learned in the Law shall be reasonably devised advised or required and the said sum and sums of Money so to be had and received upon the said Judgment or upon any Execution thereon to be prosecuted and taken out to detain and keep to the onely use and behoof the said T. K. his Executors Administrators and Assigns without any accompt thereof or therefore to be rendred to her the said A. C. and the said A. C. doth hereby covenant promise grant and agree to and with the said T. K. her said Attorney that at the ensealing and delivery of these presents the said Judgment is and remaineth unpaid and unsatisfied and that she the said A. nor her Executors Administrators or Assigns nor any of them shall or will at any time hereafter release discharge or otherwise do or suffer to be done any act or thing whatsoever to discharge or impeach the validity of the said Judgments without the consent and agreement of the said T. K. in writing under his Hand and Seal first had and obtained Nor shall revoke or countermand the authority and power to him by these presents given and granted she the said A. C. hereby ratifying and approving all and every lawful act and acts and other proceedings whatsoever which her said Attorney shall prosecute commence or sue forth for upon or by reason of the said Judgment so alwayes that he the said T. K. do and shall at all times hereafter and from time to time pay and bear all such sum and sums of Money Costs and Charges of Suit as the said A. C. or her Executors Administrators or Assignâ shall be compelled to disburse for or concerning the premises and do and shall also save defend and keep harmless and indemnified her the said A. C. her Executors and Administrators and her and their Lands Tenements Goods Chattels and Hereditaments whatsoever of and from all and all manner of Costs Charges Suits Troubles and Detriments whatsoever that shall or may happen or come against her the said A. C. her Executors and Administrators for or by reason of the said Judgment or any execution thereof had or taken In witness c. An Assignment of an Annuity TO all Christian people c. T. D. of c. sendeth greeting c. Whereas T. D. of c. late Uncle of the said T. D. party to these presents in and by one Indenture bearing date the c. and in the c. made between the said T. D. Uncle to the c. of the one part and B. E. and G. C. of c. of the other part purporting certain uses as in the same Indenture is limited and expressed Did give and grant unto the said T. D. party to these presents one annuity or yearly payment of 10 l. of c. per annum for and during the natural life of the said T. D. party to these presents to begin to be paid yearly to the said T. D. party to these presents from and after the decease of A. D. late wise of the said T. D. the Uncle as by the said Indenture among divers other things therein contained more at large appears Now know ye That the said T. D. party to these presents for and in consideration of the sum of c. to him in hand at and before the ensealing and delivery of these presents by W. P. of c. well and truly paid whereof and wherewith the said T. D. party to these presents acknowledgeth himself fully satisfied contented and paid by these presents and for divers other c. Hath given granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely give grant bargain sell assign and set over unto the said W. P. his Executors Administrators and Assigns as well the said annuity or yearly payment of c. as also the Estate Right Title Interest Property Claim and Demand which the said T. D. party to these presents hath or may can might should or ought to have of in or to the same by force and vertue of the said Indenture of uses or any thing therein contained or otherwise And the said T. D. party to these presents for him his Executors and Administrators doth covenant promise and grant to and with the said W. P. his Executors Administrators and Assigns by these presents in manner and form following That is to say that he the said T. D. party to these presents now hath lawful authority to give grant bargain and sell the said annuity in manner and form aforesaid And that heretofore neither he nor any other by his appointment or with his consent hath made any former bargain sale gift grant assignment surrender extinguishment charge or incumbrance of the said annuity or yearly payment of c. or of any part thereof Nor that he the said T. D. party to these presents nor any other by or from him or with his consent have or hath done nor hereafter at any time shall do commit or suffer to be done any act deed or thing whatsoever whereby the said W.
and vouch over to warranty the said H. E. and the same E. by himself or his Attorney sufficiently authorized by Law for the same shall vouch over to warranty the common Vouchee and thereupon imparl and after the same imparlance in the same Term shall make default and depart in contempt of the Court to the intent a perfect recovery and judgment in the said Court may be had against the said H. E. of the said Mannor and Lands and all other the premises according to the course of common Recoveries in such cases used and further that the said Recovery and Execution thereupon so as aforesaid to be had and pursued by the said A. B. and C. D. shall be to the only use and behoof of the said W. G. and of his Heirs and Assigns and to no other use intent or purpose whatsoever A Covenant for Incumbrances In witness c. A Revocation of a Protection during the Parliament-time VVHereas I the Right Honourable J. Earl of R. granted a Protection under my Hand and Seal unto C. R. Esq bearing date on or about the c. last past to endure for the time of this present Parliament Now these presents witness That for divers good Causes and Considerations me moving I do hereby revoke disannul and make void the said Protection to all intents and purposes whatsoever so as the said C. R. shall not from henceforth have any benefit priviledge or advantage thereby but be therefore and therefrom utterly debarred and excluded for ever by these presents In witness c. A Bargain and Sale of Trees THis Indenture made c. between A. B. of c and T. H. of c. of the one part and G. F. of c. of the other part witnesseth That the said A. B. and T. H. for and in consideration of c. to them in Hand paid before the sealing and delivery of these presents the receipt thereof c. have bargained and sold unto the said T. F. one hundred Trees of Oak to be taken and chosen by the said T. F. his Executors or Assigns within amongst and out of the Woods and Trees standing and growing within the Park of S. in the County of c. or in or upon the Banks or Bounds of the said Park all such Trees as now are already felled and marked alwayes excepted out to this present Bargain and Sale And the said A. B. and T. H. do c. to and with c. That it shall and may be lawful to and for the said T. F. his Executors and Assigns at seasonable times in the year at his and their free liberty wills and pleasures before the Feast of c. to fell cut down take and carry away the said Trees before by these presents bargained and sold and every of them so that the said G. P. his Executors and Assigns at his and their or any of their proper costs and charges do from time to time make up and repair all such breaches and hurts as he or they shall commit or do or cause to be committed or done in any of the Hedges Pales or Ditches of or belonging to the said Park or any the Grounds thereunto belonging or adjoyning for or by reason of the felling cutting down carting or carrying away of the said Trees or any of them and so that all the said Trees and every of them before bargained and sold be carried and rid off from and out of the said Park and bounds thereof before the said Feast of c. And the said A B. and T. H. all the said Trees before bargained and sold to the said T. F. in manner and form as aforesaid against all men at all times shall warrant and for ever defend And it is further agreed and declared between the said Parties That all such and so many of the said Trees before mentioned bargained and sold as shall remain and not be carried away out of the said Park and bounds thereof before the said term of c. shall from thenceforth remain and be to the only use of the said A. B. and T. H. their Executors and Assigns any thing before mentioned to the contrary in any wise notwithstanding In witness c. An Indenture of Lease of a House and Lands in the Country THis Indenture made c. between A. B. of c. of the one party and C. D. of c. of the other party witnesseth That the said A. B. for and in consideration of the Rents and Covenants hereafter in and by these presents reserved and contained which on the part and behalf of the said C. D. are and ought to be paid done performed fulfilled and kept Hath demised granted betaken and to farm-letten and by these presents doth demise grant betake and to farm-let unto the said C. D. all that Messuage or Tenement c. And also that Close of Meadow-ground called c. and all that c. which said premises now are in the Tenure or Occupation of the said C. D. or his Assigns situate lying and being in the said Parish of c. Except and alwayes reserved out of this present Demise and Grant all Trees Woods and Underwoods now standing growing or being or which hereafter shall stand grow or be in or upon the same premises and free liberty of ingress egress regress way and passage to and for the said A. B. his Heirs and Assigns and his and their Workmen and Servants at any seasonable time or times in the year to come in and upon the demised premises and every or any part thereof to fell cut down lop and top the same Trees and every or any of them And the same Trees lop and tops with Carts and Carriages to take load bear and drive away at his and their wills and pleasures To have and to hold the said Messuage or Tenement Close of Meadow and c. and all and singular other the before mentioned premises to be demised with the appurtenances except before excepted unto the said C. D. his c. from the Feast of Saint Michael the Archangel last past before the date of these presents for and during and unto the full end and term of twenty and one years from thence next ensuing fully to be compleat and ended Yielding and paying therefore yearly and every year during the said term of one and twenty years to the said A. B. his c. at or in c. the yearly Rent or sum of c. at two of the most usual Feasts or Terms of payment in the year that is to say the Feast of c. by even and equal portions And the said C. D. for himself his c. that the said C. D. his c. or some of them shall and will well and truly pay or cause to be paid unto the said A. B. his c. at or in c. the said yearly Rent of c. during the said term of c. on the Feast aforesaid or within fifteen
F. my c do not well and truly satisfie and pay or cause to be paid unto the said G B. his c. all such Sum or Sums of Money as shall be due to him upon the said last recited Obligation on or before the c. next ensuing the date hereof then the said E. F. do hereby give Warrant and authority unto you the said R. B. or any other of the Atturneys of the Court of the Kings Bench at Westminster to appear for me in the said Court of the Kings Bench at Westminster unto an Action or Sute there to be brought or commenced against me the said E. F. by the said G. B. his c. upon the said Obligation and to acknowledge and confess a Judgement upon the same Obligation in Michaelmass Term next ensuing the date hereof and this shall be your sufficient Warrant for the same In witnesse c. To T.S. and R.B. Attorneys in the Court of the Kings Bench at Westminster joyntly and severally and to any other Attorney of the said Court WHereas I A. B. of c. do stand bounden by Obligation bearing date the day of the date hereof unto C. D. c. in the Sum of c. conditioned for the payment of c. on the c. next ensuing c. as by the same c. Now I do hereby authorize the said Atturneys or either of them to appear for me and to receive a Declaration on the said Obligation and to plead Non siâm informatus to the same And I do agree That if the said c. be not paid according to the tenor of the Condition of the said c. then Judgment is to be entred then as now for the said c. And I do also hereby release unto the said C.D. all error and errors touching the said Judgment and proceeding thereupon to be had And I will not release or revoke the authority and power hereby given to my said Atturney In witnesse c. A Release of an Extent by an Administratrix REceived by me Grace H. Widow administratrix as well of the goods and chattels of William Blithe Gent. as of E. T. Spinster deceased the sum of c. of c. being the consideration-money which the said H.H. payeth to me for the vacuating and discharging of an Extent upon a Statute of c. heretofore acknowledged and entred into by J.D. Gent unto the said W.S. and also for the buying in and compounding of the said Extent by vertue or colour of the said Statute and also for all my interest and demand in the same Statute and Extent of which said sum of c. I do hereby acknowledge the receipt and by these presents do for me my Executors and Administrators remise release and for ever quit-claim unto the said J. D. the said Statute and Extent or all manner of processe or proceeding whatsoever occasioned by reason of the said Extent In witnesse c. A Release of a Bond it being lost TO all Christian People c. I M. Longton of c. send greeting c. Whereas R.L. S.L. and T.W. by their Obligation bearing date recite the Bond as by the same Obligation appeareth and forasmuch as the said sum of c. together with all such sum and sums of money as are due for the interest and forbearance are and is well and truly satisfied and paid unto me the said M. L. in full discharge of the said recited Obligation which said Obligation is lost and cannot be found Now know all men by these presents That I the said M.L. have remised released and quit-claimed and do hereby for me my Executors and Administrators remise release and for ever quit-claim unto the said R.L. S L. and T.W. and every of them their and every of their Executors Administrators and Assigns and every of them as well the recited Obligation and all such Sums of money as are therein mentioned to be due and payable unto me the said M. L. my Executors Administrators or Assigns as also all and all manner of actions and sutes cause and causes of actions and suits accompts debts reckonings sum and sums of money judgements executions and demands whatsoever which I the said M.L. ever had now have or that I my Executors Administrators or Assigns or any of us in time to come can or may have to for or against the said R L. S. L. and T.W. or any of them their or any of their Executors Administrators or Assigns for or by reason of the said recited Obligation or any other matter cause or thing whatsoever concerning the premisses from the beginning of the world untill the day of the date hereof And I the said M.L. do for me my Executors Administrators or Assigns covenant promise and agree to and with the said R.L. S. L. and T.W. and every of them severally their and every of their several c. and to and with every of them by these presents That if I the said M.L. my Executors or Assigns or any of us at any time or times hereafter do find or can have or obtain the said recited Obligation being lost as aforesaid then I the said M. L. my Executors Administrators or Assigns or some of us shall and will within two moneths next after the said Obligation shall be found as aforesaid deliver and restore or cause to be delivered and restored the said Obligation unto the hands of them the said R.L. S.L. and T.W. or some or one of them their c. or some of them In witnesse c. A Release of all Legacies and demands given and bequeathed by ones last Will and Testament KNow all men by these presents That I E.T. of c. Widow have remised released and quit-claimed and by these presents do for me my Executors and Administrators remise release and for ever quit-claim unto I. B. Gent. and H. H. Citizen c. Executors c. and either of them their Executors Administrators and Assigns of and from all Legacies Gifts Bequests sum and sums of money and demands whatsoever beâueathed and given unto me the said E. T. in and by the last Will and Testament of R. T. c. deceased and of and from all manner of actions and sutes cause or causes or actions and sutes sum and summes of money debts duties reckonings accompts and demands whatsoever which I the said I. T ever had now have or that I my executors or administrators can or may at any times hereafter have challenge or demand against the said I. B. and H. H. or either of them their and either of their executors administrators for or by reason of any matter cause or thing whatsoever from the beginning of the World untill the day of the date hereof In witness c. To I. K. of c. one of the Attorneys c. I A. B. do hereby desire you and do give you full power license and authority to appear for me and for c. in the said Court
not extend to Lands sold bona fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts But to return to Execution wherein we are to consider That the Writs whereby this Execution is made are some of them against the person some of them against the goods some of them against the Lands and some of them against the Body Lands and Goods together Co. 6.87 8.141 For the doing of Execution in a Suit for debt or damages the Writs are the Levari facias the Fieri facias and the Capias ad Satisfaciendum and sometimes the Exigent the Capias Utlagatum and the Capias pro fine The Levari facias is a Judicial Writ directed to the Sheriff for the levying of a summe of money upon the Lands and Tenements of him against whom the Judgment is Reg. Orig. fol. 298. The Fieri facias is a Judicial Writ lying for him that hath recovered in an Action on Debt or Damage directed to the Sheriff commanding him to levy the same of the Defendants goods Old Nat. Bre. 152. The Capias ad Satisfaciendum is a Judicial Writ grounded upon a Statute lying where a man hath recovered in an Action personal any debt or damages in the Kings Court directed to the Sheriff to command him to take the body of him against whom the debt is recovered and to put him in prison till Satisfaction be made to him that recovered And all these three last named Writs are to be sued out within a year and day after the Judgment obtained and not after without Scire facias And if they be sued out within the year they may be continued after the year till Execution Co. on Litt. 290. The Exigent is a Writ that lyeth where the Defendant in an Action personal cannot be found nor any thing within the County to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlawry And if he be Outlawed then all his Goods and Chattels are forfeited And this mostly goeth forth before Judgment and in some cases after Judgment If it be before Judgment there must go before it three Writs of Capias ad Respondendum with a Non est inventus upon each of them returned But if it be after Judgment as it may on a Capias ad Computandum or Capias ad Satisfaciendum there it may issue out after the first Capias Termes del Ley. The Capias Utlagatum is a Writ of Execution or after Judgment which lyeth against him that is Outlawed upon any Suit directed to the Sheriff commanding him upon receit thereof to apprehend the party Outlawed for his contempt in not appearing upon the Exigent and to keep him in safe custody until c. and to bring him into the Court at the day of the return of the Writ where he is to remain without bail or mainprise Co. 12.103 There is also a special Writ in this case called a Capias Utlagatum inquiras de bonis et Catallis which is a Writ in a manner the same with the former but that it gives a farther power to the Sheriff over and besides the apprehension of his body to inquire of and seize upon his Goods and Chattels to the Kings use Old N. B. 154. The Capias pro fine is where a Judgment is given in a Case for a Plaintiff and it is in such a case where the Defendant is also to pay a Fine to the King the which being not paid to command the Sheriff to take and imprison him till he pay his Fine to the King Co. 3.1 2 3. The Extendi facias is that which is called the Writ of Extent whereby the value of Lands c. is commanded to be made and levied For to extend doth signifie in Law to value the Lands or Tenements of one bound by Statute c. who hath forfeited his Bond to such an indifferent rate as by the yearly Rent the Obligor may in time be paid his debt F.N.B. 131. And Extent doth sometimes signifie a Writ to the Sheriff for the valuing of Lands or Tenements and sometimes the Act of the Sheriff upon this Writ And if the Sheriff delay to execute the Writ of Extendi facias in the delivery of Lands Goods and Chattels of the Conusor to the Conusee that are apprised and taken into his hands upon the Extent he may be be forced to it by a Writ called a Liberate The Elegit is a Judicial Writ grounded upon the Statute and lyeth for him that hath recovered debt or damages in the Kings Court against one not able in his Goods to satisfie directed to the Sheriff to command him to make delivery of half the parties Lands and Tenements and all his Goods Oxen and Beasts for the Plough excepted Old Nat. Bre. 152. Reg. Orig. 129 299. The Scire Facias is a Judicial Writ most commonly to call a man to shew cause to the Court whence it is sent why Execution of a Judgment passed should not be made And this commonly is not granted before a year and a day be passed after the Judgment given In which cases for the most part Execution is not grantable until this Writ and the return thereof be had and past Vet. N. B. 151. And where a man shall be put to this To have Execution or not see 21 E. 3.22 Execution 53 55 69 89 97 143. Scire Facias 126. Execution 102 164 243. And here observe That Executions may be arrested and stayed by the Court wherein the Judgment is given By the Common Law for a debt for which a man had Judgement he could have had neither Body nor Lands in Execution in case of a common person but the Goods and Chattels and Profits of the Lands except in case of an heir chargeable by the deed of his Ancestor but the Law is now otherwise for at this day upon a Judgment given for debt or damages in the Courts of Record at Westminster generally the moyety of all the Land that the Defendant hath tempore redditionis judicii or at any time after and all the Goods and Chattels he hath tempore Executionis or the day of the Writ awarded shall be subject and lyable to the Executionâ and all these may be taken in Execution by the Sheriff into whose hands soever they be come Dyer 306.34 Co. 3.12 34 H. 6.45 The Ca. sa did not lye at the Common Law against any man for debt but in case of the King until 25 E. 3.17 Vide Co. 3. in Sir William Herberts Case How the Sheriff and his Officers are to perform their Office in doing execution the following Observations will shew 1. If the Sheriff have a Writ of Execution delivered to him and a Writ of discharge or Supersedeas come to the Sheriff but he hath not notice of it In this case he may serve
of London It is sealed with three Seals viz. the Seals of the Conusors the King and one of the Justices or else the Mayor and Recorder The Form of it is thus Noveritis c. me A.B. teneri C.D. in mille libris solvend eidem ad Festum sancti c. Et si defecero in solutione debitiÌ praedicti Volo Concedo quod tunc currat super me Haeredes et Executores meos meos Poena in Statuto Stapulae debit pro Mercandisis in eadem emptis recuperand ordinat et provis Dat. c. Or thus Noverint Universi per praesentes nos A.B. C.D. teneri et firmiter Obligari J.S. in mille libris sterlingor ' solvend eid J.S. aut suo certo Attornato hoc script ostend ' Haeredibus vel Executoribus suis in festo c. proxime futur post dat praesentium et si defecerimus in solutione debiti praedicti Volumus et concedimus quod tunc super nos et quemlibet nostrum Haeredes et Executores nostros poena in Statuto stapulae de debit ' pro Mercandisis in eâd emptis recuperand ordinat et provis Dat. c. Anno Regni c. Vide Stat. 23 H. 8.6 Cro. 1.326 Co. 2. Inst 678. There are divers other Recognizances taken and acknowledged before the Lord Chancellor Master of the Rolls and others as the Justices of the one and the other Bench Barons of the Exchequer Judges of the Circuits Justices of the Peace and Sheriffs some whereof are by the Common-Law and some by certain Statutes And amongst these some are without Seal and recorded onely and some are sealed and recorded also Some of them are in the nature of Bayl and some of them are given to the King and both these are of the nature of the former kind of Recognisances which we will not meddle with but onely those made to subjects and for the payment of money or the doing of some other thing by one subject to another wherein he that doth enter into the Statute or Recognisance is called the Conusor or Debtor and he to whom it is made is termed the Conusee For the better understanding of matters relating to those things we are to observe That the forementioned Statutes are much of the nature of a Judgment had upon a Suit in the Kings-Bench or Common-Pleas and therefore are called Pocket-Judgements 2. That if the Writing be not as good as a Statute it will not be good to any purpose for if void as a Statute it will be void as an Obligation Cro. 3.319.494 3. That a Statute first acknowledged shall be preferred before a Judgment after had So that if a man acknowledg a Statute and after confess a Judgment and the Land be extended on the Judgement the Conusee shall have a Scire facias to avoid the Extent upon the Judgment And yet a Judgment had in a Court of Record shall be preferred in case of an Executor before a Statute and the Executor is to satisfie the Judgment before the Statute And it is held per totam Curiam That be the Judgment first or last it must be first satisfied Co. 6.45 in Higgons Case Plowd 32. Pemberton and Bartons Case Co. 4. in Sadlers Case Dyer 80. 4. If one owe me a Debt upon a Statute and dye his Executor or Administrator must see me paid this debt before âe pay any debt to a Subject upon a Bond or for Rent or upon a single or simple contract it must be paid next after Debts upon Judgement 5. All Statutes Merchant and of the Staple are to be brought to the Clerk of the Recognizances within four moneths and to be enrolled within six moneths otherwise they will be void as to purchasors 27 Eliz. cap. 4. 6. That a Statute or Recognisance if it be obtained upon an Usurious contract or of purpose to deceive men in the purchase of their Lands or for the obtaining of their just debts they will be void or voidable by this Cro. 2.67 425. 7. That if two do acknowledge a Recognisance or Statute of 1000 l. quilibet eorum in solido this will be joynt and several and the Conusee may have several Scire Facias's upon it And it is said that a special Recognisance may by express words bind the Lands of the Conusor in one County only Co. 2. part Inst 395. 8. If a Statute Staple be not sealed with the Seal of the party that doth acknowledg it yet it seems to be good enough for the Statute doth not require it But a Recognisance within the Stat. of 23 H. 8. cannot be good except the Seal of the party be to it for so are the words of the Statute by three Justices of the Common-Pleas Trin. 22 Jac. 9. If a Statute be made to two and one of them come with it he shall have Execution in both their names And it is the common course that any stranger that comes with a Statute may have Execution of it in the dame of the Recognisee And if after the death of the Recognisee a stranger come in his own name and shew the Statute he shall have Execution of it though as we said the Conusee himself come not in person 10. If the Conusor of a Statute Merchant or Staple c. be taken and he dye in Execution yet the Conusee shall have Execution of his Lands and Goods Or if the Conusor in Execution escape his Goods and Lands shall be taken and executed upon the Statute For the action given to the Conusee against the Sheriff for the Escape is not a satisfaction Co. 5.86 87. Fitz. 246. 11. A Writ of Extent was awarded in the time of Queen Mary returnable Quindena Martini the Writ executed by Inquisition in the life of the Queen but before the return the Queen dyed and yet it was returned and a Liberate granted in the time of the next Queen In this case it was doubted by the Court That the Extent was not well returned Dyer 205. 12. In a Scire facias upon a Recognisance Joynt-Tenancy is a good plea to abate the Writ and if it be upon a Judgment to have Execution it is a good barr that the Plaintiff hath assigned his damages to the King although the King have not levied So also it is a good barr to say that the Sheriff hath levied the money by Fieri facias albeit he hath not returned the Writ Moores Rep. 671 693. 13. If an Extent be sued by an Executrix upon a Statute made to her Testator and she dye before the Inquisition taken this Inquisition may as it seems be taken after her death and an Administrator de bonis non administratis of the Testator upon this Extent sued by the Executrix may have a Liberate and shall not need to begin again and have a new Certificate and a new Extent and Liberate Cro. 1.326 But this shall suffice as to those Particulars I will now shew you what is liable to
to them in hand paid before the ensealing and delivery of these presents by the said F. E. whereof and wherewith they the said M. C. and A. acknowledge themselves to be fully satisfied contented and paid and thereof and of every part and parcel thereof do clearly acquit and discharge the said T. E. his Executors Administrators and Assigns by these presents have Demised Granted Set and to Farm-let and by these presents do Demise c. unto the said T. E. his c. All that their Mansion-house with the Rights Members and Appurtenances thereof scituate lying and being in Arlescot in the Parish of N. in the County of W. and all that Close of Pasture commonly called or known by the name of the great Close containing by estimation forty Acres be it more or less and also all that Close of Pasture commonly called or known by the name of the middle Pasture containing by estimation forty Acres be it more or less and all that Close of Pasture c. All and singular which said Closes and other the Premises are or late were in the Tenure or Occupation of the said M. or his Assignee or Assignees and are scituate lying and being in A. aforesaid in the said C. of N. and also all other Messuages Houses Edifices Buildings Barns Stables Dove-houses Orchards Gardens Tenements Meadows Pastures Feedings Woods Under-woods Commons Waste-ground Moors Marshes Rents Reversions Services Profits Commodities and Hereditaments whatsoever of them the said M. C. or A. C. or either of them scituate lying and being in A. aforesaid or in either of them in the said County of N. To have and to hold the said Mansion-house Closes of Meadow Pasture and Arable and all and singular other the premises with their and every of their appurtenances before by these presents demised and every part and parcel thereof unto the said T. E. his Executors Administrators and Assigns from the Feast-day of c. last past before the date hereof unto the full end and term of c. from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term unto the said M. C. and A. his Wife their Heirs and Assigns one Pepper-corn at the Feast of c. if the same be lawfully demanded And the said M. for himself and for the said A. his Wife their Heirs Executors Administrators and Assigns and every of them doth Covenant Promise and Grant to and with the said T. E. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say That he the said M. C. at the time of the ensealing and delivery of these presents standeth and is lawfully seized in his Demeasn as of Fee of and in the said Mansion-house and several Closes and of and in all other the premises before by these presents demised or mentioned to be demised with their and every of their appurtenances without any manner of condition or limitation of use or uses to alter change or determine the same That they the said M. C. and A. or one of them now have or hath full power and authority to Demise and Grant the said Mansion-house and other the premises with their appurtenances and every part and parcel thereof unto the said T. E. his Executors Administrators and Assigns in manner and form aforesaid and also that the said Mansion-house Closes and other the premises before by these presents demised or meant mentioned or intended to be demised and every part and parcel thereof now are and by and during the said term of c. by these presents granted shall be remain and continue unto the said T. E. his Executors Administrators and Assigns of the clear yearly value of c. at the least over and above all charges and reprizes and further that the said T. E. his Executors Administrators and Assigns under the Rents Covenants Grants and Agreements in these presents contained shall and may at all times hereafter and from time to time during the term hereafter granted and demised or meant mentioned or intended to be granted or demised quietly and peaceably have hold use occupy possess and enjoy the said Mansion-house Closes and all other the premises and every part and parcel of them with their and every of their appurtenances And the Rents Issues and Profits thereof shall or may receive perceive and take to his and their own proper use and behoof clearly acquitted exonerated and discharged off and from all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Statutes-Merchant and of the Staple Recognizances Intrusions Judgments Executions Rent-charges Rent-seck Arrerages of Rents Debts and Duties to the Kingdom And off and from all other Charges Titles Troubles and Incumbrances whatsoever had made committed done or suffered by the said M. C. and A. or either of them their or either of their Heirs or Assigns or by any other person or persons whatsoever And moreover the said M. C. for himself and for the said A. his Wife their Heirs Executors and Administrators and for every of them doth Covenant Promise and Grant to and with the said T. E. his Executors Administrators and Assigns and to and with every of them by these presents that be the said M. C. and A. his wife their Heirs and Assigns shall and will at all times hereafter and from time to time during the term and space of five years next ensuing the date hereof upon all and every reasonable request and requests to him or them or any of them to be had or made by the said T. E. his Executors Administrators or Assigns or any of them and at the costs and charges in the Law of him the said T. E. his Executors or Assigns or some of them do make acknowledge execute and suffer or cause to be done made knowledged executed and suffered all and every such further lawful act and acts thing and things device and devices in the Law whatsoever for the better confirmation of these presents And for the better and further assurance surety sure-making and conveying of âhe said Mansion-house Closes and other the premises and every or any of them with their and every of their appurtenances for and during the said term of c. years hereby granted or mentioned to be granted unto the said T. E. his Executors Administrators or Assigns according to the true intent and meaning of these presents as by the said T. E. his Executors Administrators or Assigns or by his or their Council learned in the Law shall be reasonably devised c. In witness c. In Assignment of the same Lease and Premiss to a third person in trust upon condition that if the money be paid the Assignment to be void THis Indenture made the c. between T. E. of c. on the one part and T. C. of c. on the other part witnesseth That whereas M. C. of c. Gentleman
which shall be thereupon sued or executed at any time hereafter by the said A. H. or his Assigns shall be in any manner of wise hurt hindred disabled debarred or extinguished without the consent of the said A. H. his Executors or Assigns thereunto first had and obtained in writing under his or their Hands and Seals And further that we said I. H. and O. B. our Executors Administrators and Assigns and every of us shall and will at all times hereafter and from time to time upon request made and at the cost and charges of the said A. H. and his Assigns maintain justifie allow and confirm all such lawful Actions Suits Process Extents Executions and Proceedings whatsoever as have been or hereafter shall be brought sued forth or prosecuted against the said E. S. and R. S. or either of them their Executors or Administrators or their or any of their Lands Tenements or Goods upon or by reason of the said Judgment of Four hundred pounds above mentioned And that the said A. H. his Executors and Administrators shall and may peaceably and quietly have and hold receive and enjoy to his and their own proper uses and behoofs all such benefit sum and sums of money Lands Tenements and other things as by vertue of the said Judgment or any Extents Execution Process or Proceedings thereupon brought or to be brought sued or prosecuted shall be recovered obtained or gotten without the let sute trouble eviction or disturbance of us the said I. H. and O. B. or either of us our executors oâ administrators and without any account or other thing to us or any of us to be therefore made or given In witness c. An Assignment of a House and Lands from one who had the same in Mortgage and was forfeited to him THis Indenture made c. between W. B. of c. on the one part and G. H. of c. on the other part witnesseth That whereas B. C. of c. by his Indenture bearing date c. and so go forward with the recitals And whereas in the said recited Indenture of Assignment there is a proviso or condition contained for redemption of the premises upon payment of one hundred pounds of c. on the sixth day of c. which then should be and since hath been in the year of our Lord God c. at or in the c. as in and by the said Proviso or Condition whereunto relation being had more fully and at large it doth and may appear which said sum of 100 l. c. or any part thereof was not paid or tendred to be paid to or for the said W. B. at the day or place in the Proviso of Redemption limited for the payment thereof and yet remaineth unpaid by reason and means whereof the said Messuage and other the premises and the whole estate lease right title and interest of the said B. C. in and to the same became forfeited unto the said W. B. and he thereby was and now is and shall be lawfully interessed and possessed in the same premises and every part thereof during all the residue and term of years which then were and yet are to come and unexpired of the term granted to the said B. C. in and by the said Indenture of Demise above-mentioned Now this Indenture further witnesseth That the said W. B. for and in consideration of the sum of c. to him in hand paid by the said G. H. at and before the ensealing and delivery of these presents whereof and wherewith c. Hath given granted bargained sold and assigned over and by these presents doth fully clearly and absolutely give grant c. unto the said G. H. his executors administrators and assigns as well the said Messuage Tenement Yards Gardens Orchards and Closes to the same adjoyning and belonging Together also with all and every the arable Lands Meadows Pastures Feedings Profits Commodities and Hereditaments whatsoever to the said Messuage belonging or in any wise appertaining And all other the premises with appurtenances whatsoever in and by the said Indenture of Demise granted to the said W. B. as aforesaid As also all the Estate Right Title Interest Property Possession term of years claim and demand whatsoever which he the said W. B. his executors administrators or assigns now have hath may might should or in any wise ought to have or claim of in or to the said Messuage and other the premises with the appurtenances and every or any of them or any part or parcel thereof by force and vertue of the said Indenture of Mortgage or Assignment above recited or either of them or any thing in them or any of them mentioned oâ contained or by any other wayes or means whatsoever together with the same Indenture of Demise and Mortgage aforesaid and all and every other Writings and Minuments concerning the same To have and to hold the said Messuage Yards Gardens Orchards Lands Meadows Pastures Feedings Indenture of Demise and Mortgage Writings and Minuments Estate Right Title Interest and term of Years and all and singular other the premises with the appurtenances before by these presents bargain'd sold assign'd and set over and every part and parcel thereof unto the said G. H. his executors administrators and assigns to his and their own proper uses and behoofs in as large ample and beneficial manner and form to all intents constructions and purposes as he the said W. B. now hath may might should or in any wise ought to have and enjoy the same by force and vertue of the said Indenture of Lease or Demise or the said Indenture of Mortgage aforesaid or either of them or any thing in them or any of them mentioned or expressed or otherwise howsoever a Covenant for discharge of Incumbrances in witness whereof c. A Mortgage of a Lease for indempnity of certain Sureties bound in aâ Obligation made to another in trust for their use THis Indenture made the c. Between H. H. of c. Gentleman on the one part and R. N. of c. I. N. and R. D. of c. Gentleman on the other part witnesseth That whereas c. as in and by the said Indenture of Lease amongst other things more fully and at large appeareth And whereas the said I.N. and R. D. at the request and for the debt of the said H. H. together with him in and by one Obligation with Condition endorsed bearing Date with these presents are and stand joyntly and severally bounden unto R. S. of c. in the sum of c. for the true payment of c. on the c. at or in the c. as in and by the said recited Obligation and Condition thereof more at large it doth and may appear Now this Indenture further witnesseth That the said H. H. for the Indempnity and Discharge of R. and D. their Heirs Executors and Administrators and every of them of and from the said recited Obligation and all sum and
Judge of and concerning all and all manner of Actions Suits Judgments Executions Accounts Reckonings Trespasses Strifes Variance Quarels Controversies and Demands whatsoever had made moved stirred or depending between the said H. D. of the one part and the said O. L. on the other part from the beginning of the world until the day of the date of these presents So alwayes as the said Award c. of me the said Umpire for and concerning the premises be made and put into writing indented under my Hand and Seal on or before the c. as by the said several Obligations and their several Conditions more plainly appeareth Now know ye That I the said T. M. Umpire as aforesaid taking upon me the charge of the said Award and Arbitrement and having heard and viewed the sayings and allegations of either of the said Parties concerning the premises and minding to set an unity and friendship concerning the same do thereupon make and put in writing this award arbitrement determination and judgment between the said Parties for and concerning the premises in manner and form following that is to say First I do award arbitrate determine and judge by these presents That the said H. D. his Executors Administrators and Assigns shall well and truly pay c. That he the said H. D. shall on the c. at the Shop of c. Seal and as his absolute Deed deliver to the said O. L. or to his use a Release Acquittance and Discharge of and for all and all manner of actions suits judgments c. from the beginning of the world c. In witness c. A Lease made in consideration of the Surrender of a former Lease for a longer time with good Covenants THis Indeture made the c. Between I.B. of c. C. D. of c. and J. D. of c. on the one part and T. W. of c. on the other part witnesseth That the said J. B. C. D. and J. D. as well for and in consideration of the Surrender of one former Lease dated the c. made from the said J. B. C. D. and J. D. to H. W. Brother to the said T. W. as also in consideration of the sum of c. to the said J. B. in hand paid before the ensealing and delivery of these presents by the said T. W. the receipt whereof the said J. B. doth hereby acknowledge and thereof and of every part thereof doth acquit and discharge the said T. W. his Executors Administrators and Assigns by these presents have demised granted and to Farm-letten and by these presents do demise grant and to farm-let unto the said T. W. all those two Messuages or Tenements with the appurtenances and three-yard Land to the same belonging scituate lying and being in the Parish of c. late in the several tenures of the said H. W. deceased and of A. P. Widow and now in the Occupation of the said T. W. and the aforesaid A. P. together with the lops tops and shreds of all the hedg-rows and hedges growing in and upon eleven Roods of Land in a Field called Arzons Field and a furlong called B. furlong and also the lop and top of one hedge growing in and upon a Close called K. Close from the Gate by the Lane side and together likewise with Common of Pasture for twelve Kine and one hundred and twenty Sheep in the Commons and Fields of D. aforesaid and all other Fields Pastures Lands Meadows Feedings and Grounds whatsoever with the appurtenances of them the said I. B. C. D. and I. D. which late were in the Occupation of them the said H. W. and A. P. or either of them in D. aforesaid and together also with all Houses Edifices Buildings Barns Stables Orchards Gardens Back-sides Courts Wayes Easements Profits Commodities and Advantages whatsoever to the said two Messuages and other the premises belonging or appertaining except and alwayes reserved out of this Demise and Grant the bodies of all Trees of Oak Ash and Elm now growing or being or which hereafter shall grow and be in and upon the premises or in and upon any part or parcel thereof and also except one Barn called the great Barn and the Yard wherein the same standeth which late were in the the Possession or Occupation of G. B. Habend To have and to hold the said two Messuages Tenements Three-yard Land Houses Buildings Barns Stables Orchards Gardens and all other the premises with their appurtenances before by these presents demised and every part and parcel thereof except before excepted unto the said T. W. his Executors Administrators and Assigns from the Feast day of c. before the date of c. unto the full end and term of c. from thence next ensuing and fully to be compleat and ended if T. W. A. W. party to these presents Reddend G. W. Son of T. W. or any of them shall so long live yielding paying therefore yearly during the said term unto the said I.B. his Heirs and Assigns the sum of c. at two usual Feasts or Terms in the year That is to say at the Feast of To re-enter for non-payment of the Rent c. and at the Feast of c. by even and equal portions and if it shall happen the said yearly Rent of c. to be behind and unpaid in part or in all after either of the said Feasts in any year during the said term in which the same ought to be paid by the space of 28 dayes being lawfully demanded and no sufficient distresse to be had or found in or upon the demised premises That then and at all times afterwards it shall and may be lawful to and for the said I. B. his Heirs and Assigns and every of them into all and singular the said demised premises and every part and parcel thereof wholly to re-enter and the same to have again and enjoy as in his or their former estate and the said T. VV. his Executors and Assigns from thence utterly to expel and put out this Indenture or any thing before specified to the contrary notwithstanding And the said T. VV. party to these presents his Executors Administrators and Assigns shall and will from time to time and at all times hereafter during the continuance of this present Lease at his and their proper Costs and Charges well and sufficiently repair uphold sustain maintain and keep the said Messuages or Tenements and all the demised premises in good and sufficient reparations and the same so being well and sufficiently repaired upholden and kept in the end of the said term or other sooner determination of this Lease shall leave and yield up unto the said I. B. his Heirs or Assigns the said T. VV. from time to time having and taken by the assignment and appointment of the said I. B. his Heirs or Assigns sufficient Timber upon the said demised premises for the reparations of the same if any such Timber be
there to be had otherwise the said Timber to be found and reparations done as aforesaid at the proper Provisions Costs and Charges of the said T. VV. party to these presents his Executors and Assigns and that neither the said T. VV. his Executors or Assigns or his or their Under-Tenants shall commit any waste or strip any Trees Hedges Quick-sets Mounds or Fences upon the premises And the said I. B. for himself c. doth Covenant and Grant to and with the said T. VV. c. That the said two Messuages or Tenements Three-yard Land That the Premises are discharged of Incumbrances and all other the afore demised Premises with the Appurtenances and every part and parcel thereof now are and be and so from henceforth during the continuance of this present Lease shall be and continue clearly acquitted exonerated and discharged of and from all and all manner of former Bargains Sales Gifts Grants Joyntures Leases Annuities Rents Arrerages of Rents Statutes-Merchant and of the Staple Recognizances Judgments Executions Wills Intails Legacies Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had made c. by the said I. B. or by the said G. B. deceased his Father I. B. his Grandfather and R. B. his Uncle or by any of them or by any of their Heirs c. or by any other person or persons or by or through their or any of their means act title consent or procurement one Lease heretofore made by the said G. B. of one Messuage or Tenement and other thing parcel of the premises before by these presents demised unto the said A. P. for and during the natural life of the said A. whereupon the yearly Rent of c. is reserved and shall be from henceforth during the continuance of the same Lease due and payable unto the said T. W. party to these presents his Executors Administrators and Assigns onely excepted and foreprized And further the said I. B. for himself his Heirs Executors and Administrators doth covenant c. That if at any time hereafter during the space of Ten years next ensuing the date of these presents To exchange a lease within Ten years the said T. W. or his Assigns shall be minded to exchange and put in one other life in the stead and place of any of them the said T. W. the Son of G. and A. W. the party put out being then living That then within three weeks next after request in that behalf made and payment of c. to the said I. B. in the consideration thereof he the said I B. his Heirs or Assigns shall and will at the costs and charges of the said T. W. party to these presents his Executors or Assigns make seal and deliver in due form of Law unto the said T. W. party to these presents his Executors and Assigns one other good and sufficient Lease for the residue of the said term which shall be then to come if any two of the persons before named and such other person as shall be then nominated and put in shall so long live and under the like Rents Covenants and Conditions as in these presents is expressed Mutatis Mutandis And further that the said T. W. party to these presents his Executors Administrators and Assigns and every of them under the Rents and Covenants herein before mentioned shall and may peaceably and quietly have hold possess and enjoy the said two Messuages or Tenements Three yard-land and all other the before demised premises with the appurtenances and every part thereof during the whole Term hereby granted if the said T. W. the Son of G. W. and A. W. or such other persons as shall be hereafter named with two of them in the stead and place of any of them so dying or exchanging shall so long live without the lawful let trouble eviction or contradiction of the said I. B. his Heirs or Assigns or of the Heirs Executors or Assigns of the said G. B. deceased or of any other person or persons whatsoever except only the said A. B. for her Lease before-mentioned And the said C. D. and I. D. for themselves and either of them severally and respectively and not the one for the other nor the others act and for their several Executors Administrators and Assigns do covenant promise and grant to and with the said T. W. party to these presents his c. That he the said T. W. his Executors Administrators and Assigns and every of them shall and may according to the tenour and true meaning of these presents peaceably and quietly have hold and enjoy all the said demised premises with the appurtenances and every part thereof free and clear and freely and clearly acquitted and discharged of and from all and all manner of former Bargains Sales Gifts Grants Leases Joyntures Dowers Uses Wills Intails Statutes Recognizances Judgments Extents and Executions and of and from all other Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done by them the said C. D. and I. D. or either of them or by any other person or persons by their or either of their means act title or procurement And lastly the said I. B. for himself c. that he the said I. B. his Heirs and Assigns and every of them For further assurance shall and will at all times hereafter and from time to time upon request made at the cost and charges in the Law of the said T. W. party to these presents his Executors or Assigns or some of them make do and execute or cause to be made done and executed all and every such further and other reasonable act and acts thing and things whatsoever for the further and more better assurance surety sure-making and conveying of the said demised premises with the appurtenances and every part thereof unto the said T. W. party to these presents his Executors and Assigns during the time aforesaid and in such manner and farm and upon such Rents Covenants and Conditions as is before herein mentioned according to the effect and true meaning of these presents as by the said T. W. his Executors or Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required In witness c. A Grant of an Extent penned by Mr. Thomas Bromley then Solicitor THis Indenture made c. between B. D. of c. and VV. D. of c. on the one party and T. B. G. B. and T. O. of c. on the other party VVitnesseth That whereas the Right Honourable E. Lord S. by the name of E. S. Esq Recitall of the Recognizances by one Recognizance bearing date c. taken knowledged and sealed before Sir R. D. Knight Lord Chief Justice of England according to the form of the Statute for the Recovery of Debts in that case provided standeth bound to the said I. D. in the sum of c. Payable c. as by the
meaning of these presents The said Sir H. Oniel for himself his Executors Administrators and Assigns and every of them doth covenant and grant to and with the said G. R. his Executors Administrators and Assigns and every of them by these presents That the said G. R. his Executors Administrators and Assigns and every of them shall and lawfully may from time to time and all times hereafter during the said term by these presents granted peaceably and quietly have hold occupy possess and enjoy well and truly the said four Towns or Town-lands without any molestation or hinderance wrought by the said Sir H. Oniel or any claiming by from or under him and also shall and may take receive and perceive all Rents and all other profits of the said four Towns or Town-lands and all other the premises before in and by these presents granted bargained sold or to farm-letten or mentioned agreed or intended to be hereby granted bargained sold and to farm-letten and every part and parcel thereof with their and every of their appurtenances under the Rents Covenants and Agreements in these presents reserved mentioned or contained without the lawful let suit trouble eviction molestation or interruption of the said Sir H. Oniel and the Lady M. his Wife and of the Heirs or Assigns of the said Sir H. Oniel or any of them or of any other person or persons whatsoever lawfully claiming or which shall claim by from or under him her them or any of them free and clear and freely and clearly acquitted exonerated and discharged or well and sufficiently saved and kept harmless of for from touching and concerning all and all manner of former and other Gifts Grants Bargains Sales Leases Estates for years Statutes-Merchant and of the Staple Recognizances Judgments Executions Annuities Rents Charges Rents-seck and all other Charges Titles Troubles and Incumbrances whatsoever heretofore had made committed suffered done or assented unto by the said Sir H. Oniel except the yearly Rent herein before reserved In witness c. A Joynture with divers Limitations c. with a Proviso for Revocation THis Indenture made the c. between V. W. of c. Esq and F. his Wife formerly the Wife of G. A. Esq deceased of the one part And A. B. of c. Esq I. P. of c. Gent. and I. G. of c. Merchant on the other part witnesseth That the said V. W. as well for and in consideration of a Marriage heretofore had and solemnized by and between the said V. W. and the said F. his now Wife and for setling of a competent Joynture for the said F. if it shall happen to survive the said V. W. and for the setling assuring and conveying of all and singular the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned with their and every of their appurtenances in the Name and Blood of the said V. W. for so long time as it shall please Almighty God and to the several uses intents and purposes and in such manner and form as hereafter in and by these presents is expressed mentioned and declared according to and in pursuit of a certain Agreement made between the said V. W. and F. before their said inter-marriage And also for divers other good and valuable considerations him thereunto especially moving hath granted aliened infeoffed released and confirmed and by these presents doth grant alien infeoffe release and confirm unto the said A. P. J. P. and J. G. their Heirs and Assigns all that the Mannor of S. M. with all and singular the Rights Members and Appurtenances whatsoever thereunto belonging or in any wise appertaining scituate and being in the said County of H. And also all and singular the Messuages Lands Tenements Tofts Crofts Houses Edifices Buildings Barns Stables Dove-houses Mills Orchards Gardens Meadows Leasoes Pastures Closes Feedings Parks Warrens Commons Waters Fishings Ponds Pools Moors Marshes Woods Under-woods Furzes Heaths Wastes Rents Reversions Services Views of Frank-Pledge Courts Barons Perquisites and Profits of Leets and Courts Waifes Estrayes Felons Goods Goods of Fugitives and Out-laws Tythes Oblations Obventions Royalties Priviledges Jurisdictions Preheminencies and Hereditaments whatsoever of him the said V. W. scituate lying and being renewing growing or coming in V. M. aforesaid or else-where in the said County of H. And also al that the Advowson Donation Nomination Presentation freâ Disposition and right of Patronage of the Parish-Church of S. M. aforesaid And all and every the Profits Commodities Emoluments and other Hereditaments whatsoever with all and singular the Appurtenances of him the said V. W. scituate lying and being coming growing arising and renewing within the Towns Fields Parish Hamlets and Territories of S. M. aforesaid or elsewhere within the said County of H. and all the Estate Right Title Interest Property Claim and Demand whatsoever of him the said V. W. of in and to the same Mannor Messuages Tenements Hereditaments and other the premises and every part and parcel thereof and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof and all and every the Rent and Rents thereupon reserved due and payable or any part thereof All which premises were by the said V. W. bargained and leased to the said A. B. J. P. and J. G. their Executors or Assigns by Indenture bearing date c. for the term of three Moneths next ensuing the making of the said Indenture as in and by the same Indenture reference being thereunto had may more fully and at large appear To have and to hold the said Mannor of S. M. with the appurtenances and all and singular the said Messuages Tofts Crofts Lands Tenements and the said advowson and right of Patronage of the Parish-Church of S. M. aforesaid and every the Profits and Emoluments hereby arising and renewing and all and singular other the premises hereby conveyed and assured or meant or mentioned or intended to be by these presents conveyed and assured with their and every of their Rights Members and Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part thereof unto the said A. B. J. P. and J. G. and their Heirs and Assigns to the several uses intents and purposes and upon the trust and confidence and under the several Provisions Conditions and Limitations hereafter in and by these presents expressed limited and declared and to and for none other use intent or purpose whatsoever That is to say as for and concerning all the Farm Messuage or Tenement commonly called or known by the Name of Causin-Farm and all and every the Houses Buildings Barns Stables Yards Gardens Orchards and Lands Arable Meadow and Pasture containing by estimation one hundred Acres be the same more or less to the said Messuage Farm or Tenement belonging or in any wise appertaining with the appurtenances scituate lying and being in S.M. the appurtenances now or late in the tenure or occupation of the said A. B. or his Assigns And all the
same shall grow due and payable by the said Lease during the said term thereby granted To have and to hold the said moyety of all and singular the said Rooms Chambers Lodgings Rents and other the premises with the appurtenances before by these presents mentioned to be granted bargained sold assigned and set over and every part and parcel thereof with liberty power and authority to receive and take the said Rents as aforesaid unto the said A. G. his Executors Administrators and Assigns from the ensealing and delivery of these presents for and during all the rest and residue of the said term of c. years to him the said T. R. granted as aforesaid now to come and unexpired in such like large and ample manner to all intents and purposes as they the said R. B. and P. R. or either of them might should or in any wise ought to have take and enjoy the same And the said R. B. and P. R. for themselves and either of them their and either of their Executors Administrators and Assigns and for every of them do covenant promise and grant to and with c. That is to say That the said R. B. and P. R. or one of them at the time of the ensealing and delivery of these presents are and stand or one of them is and standeth so lawfully and absolutely possessed of the premises as that they the said R. B. and P. R. or one of them now have or hath good right full power and lawful authority thereby to grant bargain sell assign and set over the said moyety of the said several Rooms Chambers Lodgings and other the premises with the appurtenances before by these presents mentioned to be granted bargained sold assigned and set over and every part and parcel thereof unto the said A. G. his Executors Administrators and Assigns in manner and form aforesaid And further that he the said A. G. his Executors Administrators and Assigns and every of them shall from time to time and at all times hereafter during the rest and residue of the said term of c. years granted to the said T. R. as aforesaid peaceably and quietly have hold and enjoy the moyety of the said Rooms Chambers Lodgings and other the premises with the appurtenances before mentioned to be demised to the said T. R. by the Indenture of Lease above-recited and every part thereof and the moyety of the said yearly rent of c. by the same Indenture reserved shall or may receive take and enjoy from time to time as the same shall grow due during the said term without the let suit trouble disturbance interruption or eviction of them the said R. B. and P. R. or either of them their Executors Administrators and Assigns or any of them or of any other person or persons whatsoever lawfully claiming by from or under them or either or any of them or by from or under their or any of their means act title consent or procurement or by from or under the said R. R. deceased and also acquitted and discharged of and from all and all manner of former Grants Bargains Sales Leases Statute-Merchant and of the Staple-Recognizance Judgments Executions Surrenders Forfeitures Re-entries and of and from all other Titles Troubles Charges and Incumbrances whatsover had made committed or done by the said P. R. and R. B. and R. R. deceased or any of them or to be had made committed or done by the said P. R. and R. B. and R. R. deceased or any of them or to be had made committed or done by the said P. R. and R. B. their Executors c. or any of them or by their or any of their means act title interest default consent or procurement In witness c. A Lease of Lands by may of Mortgage in consideration of a sum of money THis Indenture made the c. between the Right Honourable E. Earl of B. the Lady L. his Wife Countess of B. the Right Honourable the Lord M. Baron of R. in the County of c. Sir F. G. of c. and E. W. of c. on the one part and I. W. of c. on the other part Witnesseth That in consideration of the sum of Consideration c. to the said E. Earl of B. and the Lady L. Countess of c. in hand paid by the said T. W. before the ensealing and delivery of these presents whereof they do acknowledge the receipt and thereof and every part and parcel thereof do hereby clearly and absolutely acquit exonerate and discharge the said I. W. his Heirs Executors Administrators and Assigns and every of them for ever by these presents They the said W. Lord M. Sir F. G. and E. W. at and by the special direction and appointment of the said E. Earl of B. and the Lady L. Countess of B. Have demised Grant granted bargained and sold and by these presents do demise grant bargain and sell unto the said I. W. his Executors Administrators and Assigns all those Closes or Grounds hereafter particularly named scituate lying and being in the Hamlets Parish or Fields of Butler in the County of R. That is to say One Close of Pasture and Meadow-ground commonly called or known by the name of New Cowclose containing by estimation 100 Acres now in the Tenure or Occupation of R. I. Gent. or his Assigns one other Close of Pasture called c. containing by estimation 170 Acres at least now in the Tenure or Occupation of William Dalby or of his Assigns two Closes of Pasture c. together with all and singular the wayes passages profits commodities advantages and appurtenances whatsoever to the said several Closes or Grounds and every or any of them belonging or in any wise appertaining or with them or any of them now or heretofore usually occupied demised or enjoyed or accepted reputed taken or known for or as part or parcel of them or any of them And the reversion and reversions remainder and remainders rents and yearly profits whatsoever of all and singular the said closes and premises before mentioned and of every of them To have and to hold the said Closes Fields Grounds Hereditaments and all and singular other the premises with their and every of their appurtenances before by these presents demised or mentioned to be hereby demised granted bargained or sold and every part and parcel thereof unto the said I. W. his Executors Administrators and Assigns from the c. day of c. next ensuing the date of these presents unto the full end and term of 99 years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly unto the said W. Lord M. Sir F. G. and E. W. their Heirs and Assigns one Pepper-corn only at the c. if the same be demanded Provided alwayes and it is fully agreed between the said Parties to these presents and every of them That if the said E. Earl of B. the Lady I.
Escripts and Monuments before by these presents bargained and sold as also all the true Copies of all such other Deeds and Writings as do touch and concern the before bargained premises or any part thereof Together with any other Lands Tenements or Hereditaments not before mentioned The said Copies to be written at the Cost of the said D. his Heirs and Assigns An Assignment with a Proviso to have the Lease again upon payment of a sum of money THis Indenture made c. between G. B of c. of the one part and W. H. of c. of the other part Whereas one R. G. and his Wife by their Deed indented bearing date c. for the consideration in the said Deed indented expressed did demise grant and to farm-let unto the said G. B. all that the moyety and half-deal of the Mannor of D. with the appurtenances set lying and being in c. and the moyety and half-deal of all their Messuages Dove-houses Edifices Buildings Lands Tenements Rents Reversions Services Mills Meadows Leasows Pastures Woods Under-woods Commons Heaths Profits Commodities and Hereditaments to the said Mannor of c. belonging set lying and being within the Town Fields Parishes and Hamlets of C. N. D. within the said County of G. or accepted reputed or taken c. To have and to hold c. with divers Covenants Articles Agreements and Reservations in the said Indenture contained as by the said Indenture c. Now this Indenture witnesseth That the said G. B. for divers and sundry c. hath given granted alienated assigned and set over and by these presents doth c. as well the said moyety c. as also all the Estate Right Title Use Interest Possession Claim and Demand whatsoever of the said G. B. had and made as is aforesaid To have and to hold the said moyety and half-deal of the said Mannor of D. with the appurtenances and all the Estate Right Title Use Interest Clatm Possession and Demand whatsoever of the said G. B. c. Provided nevertheless and it is agreed between the said Parties to these presents That if the said G. B. his Heirs Executors or Assigns or any of them do at any time hereafter pay and deliver or cause to be paid and delivered unto the said W. H. his Executors or Assigns or any of them the sum of c. of lawful money of England at one entire payment at or in the Church-Porch of the Parish-Church of C. aforesaid within the said County of G. at or in the place where the said Parish-Church now standeth that then and from thenceforth as well this present Grant and Assignment and every Clause Article and Sentence herein contained to be utterly void frustrate and of one effect as also that then and from thenceforth the said moyety of the said Mannor of D. and al other the premises whatsoever with their appurtenances and every part and parcel thereof by these presents assigned and set over unto the said W. H. shall come and be to the said G. B. his Executors and Assigns for and during all the number of years that shall at the time of the payment to be had and made in manner and form aforesaid be then to come and unexpired of the said term of c. years granted unto the said G. B. Executors and Assigns as is aforesaid as though this present Indenture of assignment of the premises had not been had or made In witness c. A revoking of a pretended Contract of Matrimony LEt all Men know and take notice by these presents That we F. D. of S. and J. H. of c. being desirous to have matters cleared between us concerning such proceedings as have been about treaty of Marriage between us and that we both notwithstanding any pretence of Contract between us may hereby declare and manifest to all people that there was no absolute Contract or Engagement between us at any time for Marriage of each other but that we are free one from the other in that kind and may each of us freely marry with others We do therefore freely and without any compulsion declare manifest and make known unto all people that we the said F. D. and J. H. were never absolutely contracted together in any Contract of Matrimony neither did we nor any of us profess or declare that we would marry each other unless c. our Friends c. we do therefore hold our selves no wayes to be tyed or obliged each to other in any manner of Contract of Matrimony or for Marriage each of other and therefore we do hereby freely and absolutely release and discharge each other of and from all manner of Contracts of or for marriage heretofore had or pretended to be had or made between us and we do hereby freely and fully release acquit and discharge each other of us and of and from all manner of Actions Suits or Claims prosecuted or which may be begun or prosecuted in any Court Ecclesiastical or Civil concerning the premises And in testimony of our free and full consent herein we the said F. D. and J. H. have hereunto subscribed our Names the day of c. An Assignment of Lands taken upon an Extent THis Indenture made the c. between T. H. of c. and W. W. of c. of the one Party and J. B. of c. of the other Party Whereas the said T. H. lately recovered by Judgment in His Majesties Court of Kings Bench the sum of c. against T. C. of B. c. and thereupon the said T. H. in Michaelmas Term last did take and sue forth Execution by Writ of Elegit directed to the then Sheriff of the said County of W. Whereupon by Inquisition and by the Jurors then and there sworn taken by the said Sheriff at the City of c. The day of c. Amongst other things it was found That the said T. C. at the time of the said Inquisition was possessed for and during the term of c. years then to come of and in one Messuage or Tenement and divers parcels of Land Meadow and Pasture to the said Messuage or Tenement belonging or appertaining in C. in the said Parish of c. as his proper Goods Which said term and interest of the said T. C. of or in the said Messuage or Tenement the Jury at the time of the said Inquisition did apprize and value at c. pounds which said term of years the said Sheriff the day of the same Inquisition did deliver to the said T. H. at the price and apprizance aforesaid To hold unto the said T. H. and his Assigns as his proper Goods and Chattels according to the form of the Statute in that behalf made and as parcel of the same debt and damages of the said T. H. recorded as aforesaid And the said Jurors also found That the said T. C was at the time of the said Inquisition seized in his Demeasn as of Fee of and in
Mariners for the safe conducting of the said Ship and keeping of the Merchants Goods during the said Voyage In witness c. A Mortgage of Lands upon Money c. THis Indenture made the c. between T. A. of c. of the one part and T. M. Vintner and Citizen of London of the other part Witnesseth That the said T. A. for and in consideration of the sum of c. of lawful money of England in hand paid unto him the said T. A. by the said T. M. at and before the ensealing and delivery of these presents the receipt whereof the said T. A. doth hereby acknowledge and thereof and of every part thereof doth hereby also clearly acquit and discharge the said T. M. his Heirs and Assigns and for divers other good Causes and Considerations him the said T. A. thereunto moving Hath demised granted bargained and to farm-letten and by these presents doth c. unto the said T. M. his Executors Administrators and Assigns all those three several Pastures of Grounds lying in S. within the parts of Holland in the County of L. containing by estimation c. be they more or less now or late in the Tenure or Occupation of one I. B. his Assignee or Assignees To have and to hold the said three Pastures and every part and parcel thereof with their and every of their appurtenances unto him the said T. M. his Executors and Assigns from the Feast of c. now next ensuing the date of these presents for during and until the full end and term of 99 years from thence next ensuing and fully to be computed compleat and ended Yielding and paying therefore yearly during the said term unto the said T. A. his Heirs Executors Administrators or Assigns one Pepper-corn if it be lawfully demanded at or on the Feast-day of St. Michael the Archangel And it is hereby concluded and agreed by and between the said Parties to these presents and the said T. A. doth for himself and A. his wife their Heirs Executors c. covenant promise and agree to and with the said T. M. his Executors Administrators and Assigns that it shall and may be lawful to and for the said T. M. his Executors Administrators and Assigns quietly and peaceably to have hold occupy possess and enjoy all and singular the said three Pastures or Grounds and Premises with their and every of their appurtenances from time to time and at all times hereafter during the said term without the lawful let and interruption of him the said T. A. and A. his wife their and either of their Heirs Executors or Assigns or of any other person or persons whatsoever lawfully claiming from by or under them or either of them And also freed and discharged of and from all and all manner of former Bargains Sales Gifts Grants Judgments Executions and other Charges of Incumbrances whatsoever had made done or suffered by them or either of them Provided alwayes and it is nevertheless agreed and concluded by and between the said Parties to these presents and it is the true intent and meaning thereof That if the said T. A. his Executors Administrators c. or either of them shall well truly pay or cause to be paid unto the said T. M. his Executors Administrators and Assigns the full and entire sum of c. of lawful money of England on the day of c. next ensuing the date of these presents at or in c. That then this present Indenture Demise and Grant and every Clause and Article therein contained shall cease determine be void and of none effect any thing in these presents contained to the contrary thereof in any wife notwithstanding In witness c. An Indenture of Bargain and Sale of a Mannor with necessary Covenants THis Indenture made the c. between J. W. of c. on the one part and R. D. of c. and B. his wife on the other part Witnesseth c. Hath granted aliened bargained and sold and by these presents doth grant allen bargain and sell unto the said R. D. and B. his wife their Heirs and Assigns all that the Mannor of c. with the appurtenances in the County of Essex And all the Lands Tenements and Hereditaments with the Appurtenances whatsoever by what name or names soever the same or any of them be known or called now in the Tenure or Occupation of W. E. or his Assigns Together with all and singular the Lands Tenements Profits Commodities and Hereditaments to the said Mannor of H. belonging or in any wise appertaining or with the same at any time heretofore demised used or occupied or reputed taken occupied or known as any part parcel or member thereof And all other his Messuages Lands Tenements and Hereditaments whatsoever lying and being in the Parish of c. or in any of them in the said County in E. And all and singular the Reversion and Reversions Remainder and Remainders of them and every of them and all Rents reserved upon any Demise or Lease of them or any part of them And also all the Estate Right Title or Interest Use Possession Claim and Demand whatsoever which he the said J. W. now hath may might should or in any wise ought to have of in and to all and singular the said bargained premises or any part thereof Together with all and singular Evidences Deeds Escripts Charters Writings Court-Rolls Books of Survey and Monuments whatsoever concerning the same as be now in the Hands Custody and Possession of the said I. W. or in the Hands Custody and Possession of any other person or persons whatsoever to his use by his delivery or which he may lawfully get or come by without suit in Law And the said J. W. doth covenant promise and grant for himself his Heirs Executors and Administrators and for every of them to and with the said R. D. and B. his wife their Heirs and Assigns upon reasonable request to deliver or cause to be delivered unto the said R. D. and B. or either of them their or either of their Heirs or Assigns at or before the Feast-day of St. Michael the Archangel next ensuing the date of these presents true Copies of all such Evidences and Writings as concern the said Lands together with any other Lands of the said J. W. to be written at the Costs and Charges of the said R. and B. or either of them their Heirs or Assigns Habend To have and to hold all and singular their said Mannor of H. Lands Tenements and all other the aforesaid premises and all and singular their appurtenances before in and by these presents bargained and sold and every part and parcel thereof unto the said R. D. and B. his wife their Heirs and Assigns for ever And the said J W. for himself his Heirs That he is seised in Fee and hath power to grant Executors and Administrators doth covenant and grant to and with the said R. D. and B.
T. his Executors Administrators and Assigns and every of them by these presents That the said Sir W. T. his Executors Administrators and Assigns shall and may lawfully peaceably and quietly have hold occupy possess and enjoy all and singular the premises before by these presents demised and every part and parcel thereof with their and every of their rights members and appurtenances without the lawful let suit trouble eviction expulsion interruption or demand of or by the said Sir T. B. and M. H. or the Heirs or Assigns of either of them or of or by any other person or persons lawfully claiming from by or under them or any of them or their or any of their uses or by from or under their or any of their title estate means or procurement as also acquitted and discharged or within convenient time after reasonable request thereof to be made well and sufficiently saved and kept harmless of and from all and all manner of former or other Bargains Sales Estates former Leases Titles Dowers Rights Titles of Dowers Joyntures Uses Entails Wills Rent-Charges Rent-Services Arrerages of Rents Statutes Recognizances Judgments Executions Titles Troubles Charges and Demands whatsoever had made done committed or willingly and wittingly suffered by the said Sir T. B. and M. H. their Heirs or Assigns or any of them or of or by any other person or persons whatsoever lawfully claiming by from or under them or any of them or to their or any of their uses or by their or any of their titles estates means or procurement In witness whereof the Parties first above-named to these present Indentures have interchangeably set their hands and seals the day and year first above written An Indenture of re-demise of the former demised premises to the same Parties reserving the Rent of 250 l. with a Proviso that the same shall cease upon the payment of the sum of Money in the former Demise specified THis Indenture made the c. day of c. between Sir VV. T. of G. in the County of N. Knight of the one part and Sir T. B. of D. in the County of N. Knight and Baronet and M. H. of D. aforesaid in the said County of N. Gentleman Servant of the said Sir T. B. of the other part VVitnesseth That the said Sir VV. T. as well for and in consideration of the yearly Rent hereunder reserved well and truly to be contented and paid in manner and form hereunder expressed As also for divers other good Confiderations him at this present thereunto especially moving Hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said Sir T. B. and M. H. and the Executors Administrators and Assigns of the said Sir T. B. all those several Closes or parcels of Lands Meadows Pastures and Arable called or known by the several Names following That is to say one Close or parcel of Ground called D. containing by estimation c. Acres be the same more or less and so go on as in the demise All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Patishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part and parcel of the Mannor of H. alias H. aforesaid And also all and singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture VVaters Fishings VVoods Under-woods Trees Bushes Fences Free-boards VVayes Easements and all other Rights Jurisdictions Priviledges Franchizes Liberties Profits Commodities Emoluments and Hereditaments whatsoever growing being arising coming or issuing in upon or out of the premises and every part and parcel thereof or to the same or any part thereof belonging To have and to hold all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances unto the said Sir T. B. and M. H. and the Executors Administrators and Assigns of the said Sir T. B. from the first of May last past before the date hereof unto the full end and term of Nine hundred ninety and nine years from thence next and immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir VV. T. his Executors Administrators and Assigns at or in the South-porch of the Parish-Church of D. aforesaid the sum of Two hundred and fifty pounds of current English Money at two usual Feasts or Terms of the year that is to say at the Feast of Philip and Jacob and All-Saints by even and equal portions And if it shall happen the said yearly Rent of c. or any part or parcel thereof to be behind and unpaid after either of the aforesaid Feast-dayes of payment in which the same ought to be paid by the space of fifteen dayes that then and from thenceforth it shall and may be lawful to and for the said VV. T. his Executors Administrators and Assigns and every of them in all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their appurtenances wholly to re-enter re-possess re-enjoy have again and detain as in his and their former Estate this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding Provided alwayes and it is covenanted Proviso condescended unto concluded and agreed by and betwixt all the Parties in these presents That if the said Sir T. B. his Executors Administrators and Assigns upon half a years warning thereof by writing under his or their Hands before-hand to be given by the said Sir T. B. his Executors Administrators or Assigns unto the said Sir VV. T. his Executors Administrators or Assigns shall and will at or on the first day of May or the Feast of All-Saints during the said term in and hereby demised at or in the place aforesaid pay or cause to be paid unto the said Sir VV. T. his Executors Administrators or Assigns at one whole and entire payment the sum of Five hundred pounds of current English Money over and besides the said Rent above reserved at such day or dayes as before in these presents are limited and appointed to and for the payment of the said Rent before reserved that then from and after such payment or payments of every of the said sum or sums of five hundred pounds as aforesaid endorsed upon both parts of these Indentures and subscribed by the said Sir VV. T. his executors administrators or assigns for every five hundred pounds that shall be paid as aforesaid the full and entire sum of fifty pounds of the said two hundred and fisty pounds Rent reserved as aforesaid shall cease and be determined the said reservation or any thing in these Indentures contained to the contrary thereof in any wise notwithstanding
Administrators or Assigns for the repairing and amending thereof And further that the said N. D. his Executors Administrators or Assigns or some of them shall and will within one moneth next ensuing every such admonition or warning left or given as aforesaid well and sufficiently repair and amend the same and shall also discharge and pay all Church-duties Scavengers-wages Watchings Wardings and all other Taxes Impositions Duties and Charges which shall or may at any time or times hereafter during the said term be charged or imposed upon him the said N. D. his Executors Administrators or Assigns for or by reason of the premises hereby demised or any part thereof And lastly the said R. R. for himself his Executors c. that he the said N. D. his Executors Administrators and Assigns and every of them for by and under the payment of the yearly Rent aforesaid above in and by these presents reserved and under the Covenants Grants Articles and Agreements in these presents contained shall and may for and during all the said term of c. by these presents granted lawfully peaceably and quietly have hold use occupy possess and enjoy the said Messuage or Tenement and all and singular other the premises with the appurtenances by these presents demised or mentioned to be demised and every part and parcel thereof without any manner of lawful let suit trouble disturbance or eviction of the said R. R. his Heirs or Assigns or of any other person or persons whatsoever by or through his means assent consent right title or procurement In witness whereof c. A Defeizance upon a Bond sued to a Judgment THis Indenture made the c. between W. R. of c. on the one part and J. P. and G. A. of c. on the other part Witnesseth That whereas the said J. and G. together with one E. A. of c. by one Obligation bearing date c. became joyntly and severally bounden unto the said W. R. in the sum of c. with condition thereupon made for the payment of c. as by the same Obligation and Condition thereof at large appeareth which said sum of c. or any part thereof or any thing in lieu of the same was not paid unto the said W. R. in the said Obligation named nor at any time before or sithence By means whereof the said Obligation became forfeited and whereas the said W. R. hath brought several Actions of Debt in the Kings Majesties Court of Common-Pleas at Westminster upon the said Obligation against the said J. P. and G. A. upon which said Actions several Judgments are had and obtained in the said Court yet nevertheless the said W. R. is contented and pleased and doth covenant that neither he the said W. R. his Executors Administrators or Assigns or any of them shall at any time before Not to take out execution until c. c. take out any Execution or Executions upon the said Judgments or either of them And further the said W. R. doth c. that if the said J. P. and A. G. or either of them c. do pay c. That then he the said W. R. his Executors or Administrators shall upon request made To acknowledge satisfaction on paâment of the c. and at the Charges of the said J. P. and G. A. c. acknowledge satisfaction upon Record of and for the said several Judgments And shall also deliver unto them the said c. the said Obligation to be cancelled And the said J. P. and G. A. to be thereof and of the said several Judgments discharged In witness c. An Indenture of Partition where one had a greater share than the other for which a sum was paid c. THis Indenture made c. between J. H. c. on the one part and J. M. c. on the other part Witnesseth That the said J. H. and J. M. are and do now stand seized in their Demeasn as of Fee in Common and undivided of and in one Messuage or Tenement and one Yard-land thereunto belonging now or late in the Tenure of c. scituate c. It is now to the end a perpetual portion and division shall be had and made between the said Parties of and in the said c. and other the premises aforesaid covenanted concluded and agreed by and between the said Parties to these presents in manner and form following And first the said J. H. for himself c. that he the said J. M. his Heirs and Assigns shall from henceforth have hold and peaceably enjoy in severalty to him and to his Heirs for ever to his and their own proper use and behoof the one moyety or half-part of the said Messuage or Tenement and one Yard-land with the appurtenances that is to say c. And that he the said J. H. nor his Heirs shall from henceforth claim or demand any Right Title Use or Possession in or to the same or any part thereof but that the said J. H. and his Heirs and Assigns shall at all time and times hereafter from all Actions Rights Title and Demand thereof or thereunto be utterly excluded and for ever debarred by these presents And the said J. M. for himself c. that he the said J. H. his Heirs and Assigns shall from thenceforth have hold and peaceably enjoy in severalty to him the said J. H. his Heirs and Assigns for ever to his and their own proper use and behoof the other moyety or half-part of the said Messuage c. and that he the said J. M. nor his Heirs shall not from henceforth claim c. ut supra and in consideration of the said portions and forasmuch as the part and portion by these presents allotted and assigned to the said J. H. and his Heirs were at the ensealing hereof of more and greater value than the said part or portion before allotted and assigned to the said J. M. and his Heirs he the said J. H. hath at the ensealing and delivery of these presents well and truly paid to the said J. M. the sum of c. the receipt whereof the said J M. doth hereby acknowledge and thereof and of every part thereof doth acquit exonerate and for ever discharge the said J. H. c. by these presents In witness whereof c. A Grant of Rent reserved by Lease THis Indenture made the c. between W. B. of c. and A. P. of c. Witnesseth That whereas the said W. B. by his Indenture of Lease bearing date the c. reciting the Lease as in and by the same recited Indenture of Lease c. Now this Inderture further witnesseth That the said W. B. for and in consideration of a certain competent sum of c. Hath demised granted bargained and to farm-letten and by these presents doth demise grant and to farm-let unto the said A. B. the reversion and râmainder of the said Shop Ware-house Chambers and other the premises by
other the premises above mentioned and with their appurtenances unto the said Sir H. W. his Heirs and Assigns to the uses and behoofs aforesaid against me the said E. I. and my heirs and against my Father I. I. and W. E. my Uncle their and either of their Heirs and Assigns or any other person or persons whatsoever claiming by from or under me them or any of them shall and will warrant and for ever defend by these presents In witness c. A Conveyance in Fee-simple of a House and Land c. THis Indenture made the c. between G. C. of c. on the one part and H. H. of c. and S. his wife on the other part Witnesseth That the said G. C. for and in consideration of the sum of c. to him at and before the ensealing and delivery of these presents well and truly in hand paid by the said H. H. and S. his wife where of and wherewith he the said G. C. doth acknowledge himself c. hath granted aliened bargained sold and confirmed and by these presents doth fully clearly and absolutely grant alien bargain sell and confirm unto the said H. H. and S. his wife all that Messuage or Tenement scituate or being in T. in the County of S. now in the Tenure or Occupation of the said G. C. or of his Assignee or Assignees and three acres of Land or thereabouts lying on the Backside of the said house be it more or less and all Barns Stables Orchards Gardens Buildings and other hereditaments to the same belonging or appertaining or with the said House or Tenement commonly used occupied or enjoyed or which are accepted reputed or taken to be part parcel or member of the same and now in the Tenure or Occupation of him the aforesaid G. C. his Assignee or Assignees with all Commons and Common of Pasture whatsoever to the same belonging and also of those two Cottages or Tenements in T. aforesaid standing together adjoyning to the said Messuage or Tenement and one parcel of Ground adjoyning to the said Cottages which said Cottages and parcel of Ground last mentioned do contain by estimation on the side towards the Kings High-street Twenty yards of Ground or thereabours and on that side towards the Garden now or late of the said G. C. thirteen yards of Ground or thereabouts and now are in the several Tenures and Occupation of M. J. and F. L. and the Reversion and Reversions Remainder and Remainders Rents and yearly Profits whatsoever of all and singular the said premises to every part and parcel thereof together with all and singular Deeds Evidences and Writings touching or concerning onely the premises or any part thereof To have and to hold the said Messuage or Tenement and the said three Acres of Land and the said two Cottages or Tenements and the said parcel of Land adjoyning to the said Cottages and other the premises with their appurtenances before by these presents bargained and sold or mentioned or intended to be thereby granted aliened bargained sold and confirmed and every part and parcel thereof unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. to the onely proper use and behoof of the said H. H. and S. his wife and the Heirs and Assigns of the said H. H. for ever and the said G. C. for himself c. that he the said H. H. for and notwithstanding any act done by him the said G. C. to the contrary at the time of the ensealing and delivery of these presents is and standeth lawfully and rightfully seized in his Demeasn as of Fee-simple in his own Right and to his own right Use without any condition limitation or other use or or trust to alter change or determine the same Estate of and in the said Messuages Lands Tenements Cottages and Premises before mentioned to be hereby granted bargained and sold and of and in every part and parcel thereof and that the said G. C. for and notwithstanding any act done by him to the contrary now hath and at the time of the first Estate to be had and executed to the said H. H. and S. according to the intent and true meaning of these presents shall have full Power just Right and lawful Authority to grant bargain and sell the same and every part and parcel thereof with the appurtenances unto the said H. H. and S. and the Heirs and Assigns of the said H. H. in manner and form as is before in these presents expressed and that the same Messuages or Tenements Lands Cottages and Premises and every part and parcel thereof with the appurtenances shall from henceforth for ever remain and continue unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. freely and clearly acquitâed exonerated and discharged of and from all and all manner of former Bargains Sales Gifââ Grants Dowers Joyntures Leases Rents Charges Rent-seck Arterages of Rents Annuities Uses Entails Statutes-Merchant and of the Staple Judgments Forfeitures Executions Intrusions and Incumbrances whatsoever and of and from all other Charges Titles Troubles and Incumbrances whatsoever had made committed or wittingly or willingly suffered or done by the said G. C. or by any other person or persons whatsoever lawfully claiming by from or under him the said G. C. or by his means assent privity or procurement the Rent and Services from henceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises for and in respect of his or their Seigniory or Seigniories onely excepted and foreprized And further that he the said G. C. and his Heirs and Assigns shall and will at all time and times hereafter within the space of five years next ensuing the date of these presents upon the reasonable request and at the Costs and Charges in the Law of the said H. H. and S. his wife or of the Heirs and Assigns of the said H. H. make suffer do knowledge and execute or cause to be made done knowledged suffered and executed all and every such further lawful and reasonable act and acts thing and things device and devices conveyances and assurances in the Law whatsoever for the further more perfect and better assuring and sure-making of the premises before mentioned to be hereby bargain'd and sold and of every part and parcel thereof unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. for ever Be it by Fine or Fines Feoffment or Feoffments Recovery or Recoveries with single or double Voucher or Vouchers Deed or Deeds inrolled or not inrolled the entolment of these presents release confirmation with warranty of the said G. C. and his Heirs onely against him the said G. C. and his Heirs or otherwise without warranty or by all every or any of the said wayes or means or by any other wayes or means which by the said H. H. c. or his
now or heretofore demised used occupied or enjoyed or accepted reputed or taken as part parcel or member thereof or of any part thereof And the reversion and reversions remainder and remainders of all and singular the premises and of every part and parcel thereof And the Rents and yearly Profits of all and singular the premises and of every part and parcel thereof And also all and singular Deeds Evidences Charters Letters Patents Exemplifications of Records Counter-parts of Leases Writings Escripts and Monuments touching and concerning the before bargained premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Shops Cellars Sollers Chambers and all and singular other the premises with their and every of their apputtenances before by these presents bargained and sold or meant mentioned or intended to be hereby granted bargained and sold and every part and parcel thereof unto the said I. H. his Heirs and Assigns to the onely use and behoof of him the said I. H. his Heirs and Assigns for ever And the said R. B. for himself his Heirs Executors and Administrators and for every of them doth covenant That he is seized in Fee-simple and hath power to sell promise and grant to and with the said I. H. his Heirs Executors Administrators and Assigns and to and with every of them by these presents in manner and form following that is to say that he the said R. B. at the time of the ensealing hereof is and until the first execution of an Estate to the said I. H. his Heirs and Assigns by force of these presents shall stand and be lawfully seized to him his Heirs and Assigns of and in the before bargained premises and of and in every part and parcel thereof of a good sure lawful absolute and indefeazible Estate of Inheritance in Fee-simple without any conditions limitation use or other thing to determine alter or change the same And also that he the said R. B. now hath full Power good Right lawful Authority and true Title to grant alien bargain sell and confirm the before bargained premises and every part and parcel thereof unto the said I. H. his Heirs or Assigns in manner and form aforesaid and according to the true intent and meaning of these presents And the said R. B. for himself That the premises are discharged from Incumbrances his Heirs Executors and Administrators and for every of them doth further covenant promise and grant to and with the said I. H. his Heirs Executors and Assigns by these presents that the said Messuage or Tenement Shops Cellars Sollers c. and all other the premises above by these presents mentioned to be granted and sold and every part and parcel thereof on the day of the date hereof and from time to time and at all times hereafter for ever shall be remain and continue to the said I. H. his Heirs and Assigns to the only proper use and behoof of him the said I. H. his Heirs and Assigns for ever free and clear and freely and clearly acquitted exonerated and discharged or otherwise by the said R. B. his Heirs or Assigns sufficiently saved and kept harmless of and from all and all manner of former Bargains Sales Joyntures Dowers Leases Annuities Rent-charge Rent-seck Arrerages of Rents Statutes-Merchant and of the Staple Recognizances Judgments Executions Intrusions Issues Fines Amerciaments and of and from all other Charges Titles Troubles and Incumbrances whatsoever had made committed suffered or done by the said R. B. his Heirs and Assigns one Lease heretofore made by T. P. of c. unto the before-named W. S. of the said Messuage or Tenement and Premises for the term of c. whereupon the yearly Rent of c. is reserved which said yearly Rent from henceforth during the residue of the said Term shall be due payable and paid to the said J. H. his Heirs and Assigns onely excepted and foreprized and also that he the said J. H. his Heirs and Assigns For quiet enjoying shall and may from henceforth for ever peaceably and quietly have hold use occupy possess and enjoy the said Messuage or Tenement Shops Cellars Sollers and other the premises above by these presents mentioned to be bargained and sold and every part and parcel thereof and the Rents Issues and Profits thereof shall and may receive and take without the let interruption or contradiction of the said R. B. his Heirs or Assigns or of any other person or persons claiming from by or under him them or any of them or by his or their means right title consent privity or procurement And further For further assurance the said R. B. doth covenant promise and grant for him his Heirs Executors and Administrators to and with the said J. N. his Heirs and Assigns and to and with every of them by these presents That he the said R. B. and his Heirs and all and every other person or persons having and claiming or which shall or may have claim or pretend to have any manner of Estate Right Title or Interest into or out of the before bargained premises or any part or parcel thereof by from or under the said R. B. shall and will from time to time and at all times hereafter during the time and space of c. next ensuing the date of these presents upon every reasonable request and at the Costs and Charges in the Law of the said J. H. his Heirs or Assigns do make acknowledge execute and suffer or cause to be made done acknowledged executed and suffered all and every such further act and acts thing and things assurances and conveyances in the Law whatsoever for the further more better and perfect assurance surety and sure-making of the said Messuage or Tenement Shops Cellars Sollers and all other the premises with the appurtenances above by these presents mentioned to be bargained and sold unto the said J. H. his Heirs and Assigns for ever be it by Fine or Fines with Proclamation Recovery or Recoveries with double or single Voucher or Vouchers Deed or Deeds inrolled or not inrolled the inrolment or acknowledgment of these presents release confirmation with warranty against the said R. B. and his heirs or without warranty or by all or any or as many of the wayes means and devices aforesaid or by any other wayes or means whatsoever as by the said J. H. his Heirs or Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required And also it is agreed by and between the said Parties to these presents that all and every the said Conveyances and Assurances so as aforesaid hereafter to be had made levied or executed of the before bargained premises and every or any part or parcel thereof shall be and inure and shall be esteemed adjudged and taken to be and inure to the only use and behoof of him the said J. H. his Heirs and Assigns for ever and to no
Titles Troubles and Incumbrances whatsoever heretofore had made committed suffered or done by us the said R. B. and P. K. or either of us our Executors c. or any of us in any manner of wise howsoever And so shall be during all the rest and residue of all and so many years as are yet to come and unexpired of the said several terms in by the said several recited Indentures of Lease granted according to the true intent and meaning of these presents the several Rents Payments Covenants and Agreements in the said several recited Indentures of Lease respectively comprised and specified which from henceforth on the Tenants and Lessees parts and behalfs are or ought to be observed performed fulfilled and kept according to the true meaning of the several recited Indentures of Lease and the moyety of one half part of the yearly Rent of c. reserved for certain Rooms and Chambers belonging to the c. now in the Occupation of c. which moyety of the said Rent is formerly sold and released unto the said A. B. his c. onely excepted and foreprized any thing in these presents contained c. In witness c. An Assignment of a Lease in trust whereof the Assignor is to take a further Estate in the premises THis Indenture made c. between Sir A. C. of c. on the one part and E. H. and C. D. of c. on the other part Witnesseth That whereas Sir J. D. c. by his Indenture of Lease beating date the c. reciting the Grant and Habend as in and by c. Now this Indenture further witnesseth That the said Sir A. C. for and in consideration of the trust hereafter mentioned and for divers other good Causes and Considerations him thereunto moving hath granted bargained sold assigned and set over and by these presents doth grant bargain c. unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned and set over To have and to hold the said Lordship c. and all other the premises with all and singular their appurtenances before by these presents bargained sold assigned and set over and every part and parcel thereof unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor or Survivors of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned c. Nevertheless upon this trust and confidence in them and every of them reposed that they the said E. H. and C. D. and the Survivor of them and the Executors c. of the Survivor of them shall and will at all times hereafter and from time to time upon the reasonable request to them or any of them to be made and at the Costs and Charges in the Law of the said Sir A. C. his Executors c. assign convey and assure all and singular the before bargained premises and every part and parcel thereof unto such person or persons their Executors c. by the said Sir A. C. his Executors c. shall be nominated and appointed in such manner and form as by the said Sir A. C. his Executors c. or his or their Council learned in the Law shall be reasonably devised or advised and required and upon further trust and confidence that they and every of them shall and will upon the like request to be made do and perform all and every lawful act and acts thing and things whatsoever for the extinguishment of this present bargain sale and assignment of the premises above-mentioned as by the said Sir A. C. his Executors c. or by his or their Council learned in the Law shall be reasonably devised or advised and required In witness c. An Assignment of a Judgment THis Indenture made c. between M. M. c. on the one part and R. T. c. on the other part witnesseth That whereas the said M. M. hath recovered a Judgment in His Majesties Court of Common-Pleas at Westminster in Hillary Term Anno c. against E. G. for xx l. Debt besides costs of Suit as by the Records of the said Court more at large may appear Now the said M. M. for good Considerations him moving Hath bargained sold assigned and set over and by these presents doth bargain sell assign and set over unto the said R. T. his Executors c. as well the said Judgment and all and every sum and sums of money therein mentioned and contained As also all benefit and advantage which shall or may be had obtained or gotten by reason or means of the said Judgment or any Process or Execution thereupon to be had sued out or executed To have and to hold the said Judgment sum and sums of Money benefit advantage and other the premises aforesaid unto the said R. T. his c. to his and their own proper uses and behoofs in as ample manner as he the said M. M. his Executors or Assigns might or could have and enjoy the same if these presents had never been had or made and the said M. M. his Executors c. shall and will justifie maintain and avow all and every lawful act and thing that shall be done in and about the premises without releasing or discharging the same So as there be no further benefit taken than onely the due Debt Interest and Charges and that all the benefit which shall be obtained or gotten upon the said Judgment shall wholly remain and be unto the said R. T. his Executors c. to his and their own proper uses and behoofs without any account or other thing to be therefore yielded or done unto the said M. M. his c. for the same In witness c. An Assignment of an Annuity TO all Christian people c. I J. W. of c. Gentleman send greeting in our Lord God everlasting Whereas J. C. Citizen c. by his Deed indented bearing date c. for the consideration therein mentioned did give grant and confirm unto me the said J. W. one Annuity or yearly Rent or Pension of c. to be issuing and going out of all and singular the Messuages or Tenements Lands and Premises of the said J. G. situate and being in c. for the term of the natural life of me the said J. W. as in and by the said Deed indented among divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now know ye That I the said J. W. for good Considerations me moving have assigned and set over and by these presents do assign and set over unto S. L. of c. the said Annuity or yearly Pension of c. To have
of Covenants and other Actions Suits or Demands Concernings Covenants Provisoes or Agreements for not cutting down or grubbing up the same Woods or Under-woods heretofore cut and grubbed up In witness c. A Release of Errors BE it known c. That I A. B. c. have remised released quit-claimed and discharged and alwayes for me my Heirs Executors Administrators and every of them for evermore do quit-claim and discharge unto C. D. of c. all and all manner of Error and Errors cause and causes of Error and Errors Misprisions Mis-entries and erroneous Proceedings whatsoever had made committed omitted suffered or done in all every or any Plaint Plea Process Judgment and Execution whatsoever had made c. by the said c. against me the said A. B. in any Court or Courts of Record at any time from the beginning of the World c. In witness c. A Discharge of an Apprentice from hsi Service TO all c. I F. W. of c. send greeting c. Whereas M. N. by his Indenture bearing date c. did put himself Apprentice to me for the term of c. commencing c. as by the said Indenture may appear Now know ye That I the said F. W. for good Considerations me thereunto moving do by these presents clearly and absolutely discharge and set free the said M. N. of and from my Service so as neither I nor any for me shall or may at any time hereafter ask claim or demand any Service of the said M. N. by vertue of the said Indenture or otherwise And also I do hereby remise and release unto the said M. N. all Actions cause and causes of Actions Service and Demands whatsoever which I now have or hereafter may have against him by reason of any act whatsoever from the beginning of the World until the day of the date of these presents In witness whereof c. A Letter of Attorney to receive Money due upon a Bond. KNow all Men by these presents That I T. A. of c. have assigned ordained and made and in my stead and place by these presents put and constituted my trusty and well-beloved Friend I. B. of c. my true and lawful Attorney for me and in my stead and name but to the use and behoof of him the said I. B. to take recover and receive of W. S. of c. O. T. of c. and L. M. of c. the sum of c. due unto me for non-payment of the sum of c. of like money on the twentieth day of c. last past before the date of these presents as by one Obligation with condition there-under written bearing date c. in the year c. it doth and may more plainly appear giving and by these presents granting unto my said Attorney my full power and lawful authority in the premises to do say perform conclude and finish for me and in my name as aforesaid all and every such act and acts thing and things device and devices in the Law whatsoever for the recovery of all the Debts aforesaid as fully largely and amply in every respect as I my self might or could do if I were personally present And upon the receipt thereof acquittances or other discharges for me and in my name to make seal and deliver ratifying allowing and holding firm and stable all and whatsoever my said Attorney shall lawfully do or cause to be done in or about the execution of the premises by virtue of these presents In witness c. A Letter of Attorney to enter upon Lands and deliver a Lease KNow all men c. that I R. R. of c. have made ordained constituted and appointed and by these presents do make ordain constitute and appoint T. C. of c. my true and lawful Attorney for me and in my stead and name to enter and come into and upon the Farm and Lands of T. in the Parish of c. in the County of c. now in the Tenure or Occupation of K. T. or of his Assigns and upon any part thereof then and there for me and in my stead and name to deliver as my act and deed unto H. M. of c. or to his Assigns one Indenture whereunto I have already sealed bearing date c. made between me the said R. R. on the one part and the said H. M. on the other part purporting a Lease of the said Farm and Lands unto the said H. M. his Executors Administrators and Assigns for the term of Ten years next ensuing as in and by the said Indenture more at large appeareth Which Indenture after the same shall be so delivered by my said Attorney I the said R. R. do promise by these presents shall be my effectual Deed in Law to all intents constructions and purposes as if I the said R. R. had sealed and delivered the same them there my self In witness c. A Letter of Attorney upon a Specialty being not due with Covenant to justifie Actions TO all c. to whom this present writing shall come Sir T. R. of c. sendeth greeting in our Lord God everlasting Whereas H. F. on c. Gentleman in and by one Obligation with condition thereupon endorsed bearing date c. is and standeth bound unto the said Sir T. R. in the sum of c. of lawful c. conditioned for the ture payment of c. on the c. next c. at or in the c. as in and by the said Obligation and Condition thereof at large appeareth Now know ye That the said T. R. for divers good Causes and Considerations him moving hath assigned ordained and made and in his stead and place put and constituted his trusty and well-beloved Friend R. D. Citizen c. his true and lawful Attorney for him and in his stead and name and to the onely proper use and behoof of the said R. D. to ask require and receive of the said H. F. his Executors Administrators or Assigns the said sum of c. at the said day and place aforesaid And if default be made in payment of the said sum of c. as aforesaid then he the said Sir T. R. doth by these presents make ordain constitute and appoint the said R. D. to be his true and lawful Attorney for him in his name and to the only use of the said R. D. to ask levy demand recover and receive of the said H. F. his Executors and Administrators the said sum of c. so forfeited unto him the said Sir T. R. for non-payment of the said sum of c. at the day time and place aforesaid Giving and by these presents granting unto his said Attorney his full Power and lawful Authority in the premises and upon default of the said sum of c. or any part thereof the said H. F. his Heirs Executors Administrators c. or any of them to arrest sue implead imprison and out of Prison
to deliver and Pleas and Prosecutions against them and every of them to sustain and maintain according to the course of the Law and upon the receipt of the said sum of c. or any part thereof acquittance or other Discharges for him and in his name to make seal and deliver and one Attorney or more under him to substitute and at his pleasure to revoke and all and every other act and acts thing and things device and devices in the Law whatsoever needful or requisite to be done in or about these premises for him and in his name to do execute and perform as fully largely and amply in every respect as he himself might or could do if he were personally present ratifying allowing and holding firm and stable all or whatsoever his said Attorney or his Substitute lawfully authorized shall lawfully do or cause to be done in or about the execution of the premises by these presents And the said T. R. for himself c. that he the said T. R. his Heirs Executors and Administrators and every of them at all time and times hereafter upon the reasonable request or notice to him given and at the Costs and Charges in the Law of the said R. D. his Executors Administrators or Assigns or some of them shall and will maintain justifie and avow with effect all and every such Action or Actions Writ or Writs Pleas Process Judgments and Executions whatsoever which by the said R. D. his Executors Administrators or Assigns shall at any time hereafter be lawfully sued commenced had or brought in his name against the said H. E. his Heirs Executors Administrators or any of them upon or by reason of the Obligation above mentioned or of any sum or sums of money therein mentioned or contained And also that he the said T. R. hath not at any time heretofore neither he his Executors or Administrators or Assigns or any of them at any time hereafter shall or will remise release or otherwise discharge the said H. F. his Heirs Executors or Administrators or any of them of the said Obligation above-recited nor yet of any sum or sums of money therein contained without the special licence consent or agreement of the said R. D. his Executors Administrators or Assigns or some of them thereunto first had and obtained in writing under his or their Hands and Seals and that all the benefit and commodity that shall be recovered obtained or gotten by means of any such Action Suit Plaint Judgment or Execution shall redound come and be to the onely use and behoof of the said R. D. his c. without any account or other thing therefore to be yielded or done to the said Sir T. R. his c. or any of them In witness c. A Letter of Attorney-General to receive Debts and Rent KNow all men by these presents That I A. W. of c. have assigned ordained and made and in my stead place by these presents put and constitute my truly and well-beloved servant H. H. of c. to be my true and lawful Attorney for me and in my name and to my use to ask sue for levy require recover and receive all and every such Debts Rents and sums of Money as now are due unto me or which at any day or dayes time or times hereafter shall be due owing belonging or appertaining unto me by any manner of wayes or means whatsoever from any person or persons whatsoever giving and granting unto my said Attorney by these presents my full and whole power strength and authority in and about the premises and upon the receipt of any such Debts Rents and sums of Money aforesaid Acquittances or other Discharges for me and in my name to make seal and deliver and all and every other act and acts thing and things device and devices in the Law whatsoever needful and necessary to be done in or about the premises for the recovery of all or any such Debt Rents or sums of Money as aforesaid for me and in my name to do execute and perform as fully largely and amply to every respect to all intents constructions and purposes as I my self might or could do if I were personally present ratifying allowing and holding firm and stable all and every such act and acts In witness c. A Short Letter of Attorney for the setting over of a Bond forfeited KNow all men c. That I H. H. of c. have made ordained constituted and appointed and by these presents do make ordain constitute and appoint my trusty and well-beloved Friend W. M. of c. to be my true and lawful Attorney for me and in my stead and name and to his own use to ask levy recover demand and receive of T. M. and N. L. of c. Gentlemen and either of them their and either of their Executors and Administrators the sum of c. which they have forfeited and from me unjustly do detain and keep for non-payment of the sum of c. at a certain day past as by one Obligation with Condition thereupon endorsed bearing date c. more at large it doth and may appear Giving and by these presents granting unto my said Attorney my fall power and authority in all things touching this my present business and in my name to commence and prosecute any Action or Actions Suit or Suits for the recovering and getting of the said sum of c. and every or any part or parcel thereof and Attorney or Attorneys in that behalf to constitute and make and upon receipt thereof or of any part thereof acquittances or other lawful discharges in my stead and name to make seal and deliver ratifying and allowing by these presents all and whatsoever my said Attorney or his Assigns shall for obtaining and recovery of the said sum of c. or any part thereof do or cause to be done in my stead and name And also I the said H. H. do covenant and promise by these presents That I the said H. H. have not released nor will release the said T. M. and N. c. of the said Bond nor of the penalty therein contained nor countermand this present Letter of Attorney nor the authority thereby granted nor any suit act or proceeding at any time hereafter by vertue of these presents to be brought or done In witness c. A Letter of Attorney to take possession of Lands delivered by a Sheriff upon an Extent KNow all men by these presents That I A. B. c. Esq have made ordained constituted and by these presents put and appointed my well-beloved Friend C. D. to be my true and lawful Attorney for me and in my stead and name to enter into the Mannor of H. with the appurtenances in the County of L. and now in the Tenure or Occupation of c. of the yearly value of c. and full and peaceable possession and seizin thereof for me and in my stead and name and to my use
and the other of Debt upon the demand of c. at the suit of c. as by the Records of the same Court may appear if therefore the said W. W. his c. and every of them do at all times hereafter and from time to time clearly acquit and discharge or otherwise sufficiently save and keep harmless the said J. D. his c. and every of them and all his and their Goods and Chaâtels and every part and parcel of them against all persons whatsoever of and for the main-prizing and taking to bail of the said W. W. and of and for the several Actions aforesaid and of and for all Actions Suits Costs Troubles Demands Executions and Damages whatsoever that shall or may arise or grow touching or concerning the premises or any of them in any manner or wise That then this present Obligation to be void c. A Condition for payment of Money if a man be non-suited THe Condition c. That whereas one E. G. is admitted to sue in Forma Pauperis in his Majesties Court of c. against W. W. and A. B. for the recovery of certain Lands and Tenements in the County of K. if the said E. G. shall be Non-suited in the said Action or that the same Action shall pass against him by Verdict or otherwise that if the above-bounden R. R. or E.G. their Executors or Assigns or any of them do or shall truly pay or cause to be paid all and fingular such Costs and Charges and sums of Money as by any the Justices of the said Court shall in that case be thought convenient or awarded without fraud c. That then c. A Condition for performance of Covenants THe Condition c. That if the within-bounden H. W. his c. and every of them do well and truly observe perform fulfill accomplish and keep all and singular the Covenants Grants Articles Clauses Conditions and Agreements whatsoever which on his and their parts and behalfs are or ought to be observed performed fulfilled and kept mentioned and comprised in one pair of Indentures of Lease bearing date within-written made between the within-named E. W. of the one part and H.W. of the other part according to the tenor effect and true meaning of the same Indenture That then c. A Condition for passing of a Fine THe Condition c. That if the within-bounden W. E. and A. his now Wife and the Heirs of the said W. at the Costs and Charges in the Law of the within-named R. M. his c. next ensuing the date c. shall levy one Fine c. in the Court of Common-Pleas at Westminster of one Messuage or Tenement mentioned to be demised to the said R.M. in and by one Indenture of Lease bearing date c. made between the said W. E. on the one part and the said R. M. on the other part according to the due course of Law by such name or names and in such manner and form as by the said R. M. his c. or by his or their Council learned in the Law shall be devised or required as well for the barring of the said A. from the Title of Dower in the premises as for the better assuring and confirming of the premises unto the said R. M. his c. for and during all the said term by the said Indenture of Lease granted under the Rent in and by the said Indenture reserved against the said W. E. his Heirs and Assigns according to the true meaning of the said Indenture That then c. A Condition concerning a Marriage THe Condition c. That whereas there is a Marriage by Gods Grace intended to be shortly had and solemnized between the above-bounden A. B. and E. B. Daughter of F. B. late of G. in the County of C. deceased if after the said Marriage shall be solemnized between the said Parties it shall happen the said A. shall die and her the said E. shall survive then if the said A. B. shall at the time of his death leave unto the said E. the sum of c. or the value of c. for Goods and Chattels to be freely taken had used and disposed of by her the said E. her c. at her and their own wills and pleasures without any Claim Challenge Suit Trouble Disturbance Contradiction or Demand of for in or to the said sum or value of c. or of any part or parcel thereof thereunto to be made by the Executors c. of the said A. B. or by any other person or persons whatsoever That then c. A plain Bill of Debt BE it known unto all men by these presents That I A. B. of c. do owe and am indebted unto C. D. of c. in the sum of c. of lawful Money of England to be paid unto the said C. D. his Executors Administrators or Assigns on the c. next ensuing the date hereof To the which payment well and truly to be made I bind me my Heirs Executors and Administrators firmly by these presents In witness whereof c. I do hereunto set my Hand and Seal this fourth of July Anno Dom. 1648. â Bill Obligatory BE it known unto all men by these presents That I A. B. of c. do owe and am indebted unto C. D. of c. in the sum of c. of lawful money of England to be paid unto the said B. D. his Executors Administrators or Assigns on the c. next ensuing the date hereof at c. To the which payment well and truly to be made I bind me my Heirs Executors and Administrators in the sum of c. of lawful money of England firmly by these presents In witness c. A General Release KNow all men by these presents That I J. K. of c. have remised released and quit-claimed and by these presents do for me my Executors Administrators and Assigns remise release and for ever quit-claim unto C. D. of c. his Executors Administrators and Assigns all and all manner of Actions and Suits cause and causes of Actions and Suits Bills Bonds Writings and Accompts Debts Duties Reckonings Sum and Sums of Money Controversies Judgments Executions and Demands whatsoever which I the said J. K. ever had or which my Executors Administrators and Assigns or any of us in time to come can or may have to for or against the said C. D his Executors Administrators or Assigns for or by reason of any matter cause or thing whatsoever from the beginning of the World until the day of the date hereof In witness c. A Release upon the Receipt of a Legacy BE it known unto all men by these presents That I T. B. of c. have the day of the date hereof received of J. T. widow Executrix of the last Will and Testament of c. H. T. of c. deceased all that Legacy or sum of c. to me the said T. B. by the
stand and abide in full force and vertue In witness c. A Defeazance upon a Judgment THis Indenture made c. between A. B. of c. and W. C. of c. witnesseth That whereas the said A. B. hath in Trinity term last recovered against W. C. the sum of c. besides Costs of Suit in his Majesties Court of Common-Pleas at Westminster and thereupon had Judgment against the said W. C. as by the Record thereof remaining in his Majesties said Court more at large it doth and may appear Nevertheless the said A. B. is contented and pleased and doth covenant and grant by these presents for him his Heirs Executors and Administrators to and with the said W. C. his Heirs Executors and Administrators That if the said W. C. his Heirs Executors Administrators or Assigns do and shall well and truly pay or cause to be paid to the said A. B. his Executors or Assigns the full sum of c. at or in the c. That then and in the mean time he the said A. B. his Executors Administrators or Assigns shall not take out any Execution against the said W. C. his Goods Chattels Lands or Tenements And that upon payment of the said sum of c. at the day and place above-named for payment the said A. B. his c. at the request costs and charges in the Law of the said W. C. his Executors Administrators or Assigns shall and will acknowledge satisfaction upon Record of and for the said Judgment so as he the said W. C. do make unto the said A. B. his Executors and Administrators good lawful and sufficient releases of Errors and of all Mis-prisions Desaults and Imperfections had committed omitted or perpetrated in or about the said Judgment or Recovery or any Entries Pleas Pleadings Process Proceedings or other matter touching or concerning the same In witness c. A Defeazance upon a Mortgage of Lands formerly forfeited THis Indenture made the c. between R. T. of c. on the one part and E. F. of c. of the other part witnesseth That whereas the said E. F. by his Indenture bearing date c. for the considerations therein mentioned did give grant bargain sell and confirm unto the said R. T. his Heirs and Assigns all that the Mannor of c. with the right members and appurtenances thereof in the County of c. and also divers other Lands Tenements and Hereditaments in the same Indenture specified in which said Indenture there is contained a Condition or Proviso to this effect following That is to say That if the said E. F. his Heirs Executors or Assigns or any of them do truly pay or cause to be paid unto the said R. T. his Executors Administrators or Assigns the full sum of c. at or in c. that then and from thenceforth from and after such full payment had and made in manner aforesaid the said recited Indenture and every the Covenants Grants Articles and Agreements therein contained shall be utterly void and of none effect as by the said Indenture amongst divers Covenants Grants Articles and Agreements therein contained may more at large appear Which said sum of c. was not paid at the day and place of payment before limited for the payment thereof according to the tenour of the said Proviso or Condition By reason whereof the said Mannor Lands and other the premises in the said Indenture mentioned are absolutely vested and sealed in the said R. T. yet nevertheless the said R. T. is contented and pleased and doth covenant and grant to and with c. that if the said E. F. his Heirs Executors Administrators c. or any of them do well and truly content and pay or cause to be paid unto the said R. T. his Executors Administrators or Assigns the full sum of c. on the c. at or c. That then upon the said payment of the said sum of c. in manner and form aforesaid and from thenceforth the said recited Indenture of Bargain and Sale made of the said Mannor and other premises shall be utterly void and of none effect the breach made in non-payment of the said sum of c. in the Proviso of the said Indenture mentioned or any other grant or thing therein contained to the contrary thereof in any wise notwithstanding And that also upon full payment of the said sum of c. that at any time or times after within the space of seven years then next following He the said R. T. his Heirs and Assigns shall and will at the reasonable request costs and charges in the Law of the said E. F. his Heirs and Assigns grant convey and assure unto the said E. F. for ever the said Mannor of c. with the appurtenances and all and singular other the premises in and by the said recited Indenture granted as aforesaid in such manner and form as by the said E. F. his Heirs or Assigns or his or their Council learned in the Law shall be reasonably devised or required so as in the said conveyance and assurance so to be made by the said R. T. his Heirs and Assigns there be no further or other warranty than only against him and his Heirs And so as also the said R. T. his Heirs or Assigns be not compelled to travel further than the Cities of London or Westminster for the doing and executing of the same assurance And also that he the said R. T. his Heirs Executors or Assigns shall and will deliver or cause to be delivered unto the said E. F. his Heirs or Assigns within six Moneths next after such payment made all and every the Deeds Evidences and Writings which the said R. T. hath touching or concerning the premises safe whole uncancelled and undefaced In witness c. A Bill of Sale with a Proviso That if the Money with allowance be paid by a day then to be void BE it known unto all men by these presents That I A. B. of c. for and in consideration of the sum of 10 l. to me in hand paid at the ensealing and delivery of these presents by C. D. of c. Have bargained and sold and in plain and open Market according to the Custom of the City of London Have delivered unto the said C. D. these several parcels hereafter mentioned viz. c. To have and to hold the said several parcels and every of them bargained and sold as aforesaid unto the said C. D. his Executors Administrators and Assigns to the only proper use and behoof of the said C. D. his Executors Administrators and Assigns for ever Provided alwayes that if I the said A. B. my Executors Administrators or Assigns do well and truly content and pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns the full fum of 10 l. 10 s. of c. on c. next ensuing the date hereof at or in the c. that then
October 1647. in the twenty third year of c. IG H. of c. being sick and weak in Body but of sound and perfect memory praise be given to God for the same and knowing the uncertainty of this life on Earth and being desirous to settle things in order do make this my last Will and Testament in manner and form following That is to say First and principally I commend my Soul to Almighty God my Creator assuredly believing that I shall receive full pardon and free remission of all my Sins and be saved by the precious Death and Merits of my blessed Saviour and Redeemer Christ Jesus and my Body to the Earth from whence it was taken to be buried in such decent and Christian manner as to my Executors hereafter named shall be thought meet and convenient And as touching such worldly Estate as the Lord in mercy hath lent me my Will and meaning is the same shall be imployed and bestowed as hereafter by this my Will is expressed And first I do revoke renounce frustrate and make void all Wills by me formerly made and declare and appoint this my last Will and Testament Item I give and bequeath c. A Condition to pay Money at the day of Marriage or day of Death THe Condition of this Obligation is such That if the within bounden A. B. his Executors Administrators and Assigns do well and truly pay or cause to be paid unto the within-named C. D. his Executors Administrators or Assigns at or in the c. the sum of c. within six Moneths next after the Solemnization of the Marriage of the above-said A. B. or the day of death and decease of B. C. of c. Gentleman which shall first happen after the date within-written without fraud or coven That then c. A Condition to deliver Hay and Cats by a day c. THe Condition c. That if the within-bounden J. A. his Executors Administrators or Assigns do and shall well and truly deliver or cause to be delivered unto the within-named T. J. his Executors Administrators or Assigns at c. five Cart-loads of good sweet well made and well-dryed Hay every Load containing c. and twenty quarter of sound wholsome and sweet Oats good and Merchantable ware every quarter to contain c. between the Feast-day of St. John the Baptist and St. James the Apostle next ensuing the day within-written frank and free without any thing therefore to be paid without fraud or coven That then c. A Condition to perform Covenants THe Condition c. that if the within-bound L. R. his Executors Administrators and Assigns and every of them do and shall at all times hereafter and from time to time well and truly observe perform fulfil pay do and keep all and every the Covenants Grants Articles Clauses Provisoes Payments and Agreements which on his or their parts and behalfs are and ought to be observed performed and fulfilled paid done and kept specified and comprized in a certain pair of Indentures of Lease bearing date within-written made between the within-named L. R. on the one part and N. G. on the other part and that in and by all things according to the true intent and meaning of the same Indenture That then c. A Condition to abide the Award of Arbitrators if they make an arbitrement and if not then to abide the umpirage of an umpire THe Condition c. That if the within-bounden A. S. his Heirs Executors and Administrators and every of them for his and their parts and behalfs in all things do well and truly stand to and abide observe perform obey fulfil and keep all and every the award arbitrement doom determination final end and judgment of Sir T. S. of c. and H. S. of c. Arbitrators indifferently nominated elected and chosen as well on the part and behalf of the within-bound A. S. as on the part and behalf of the within-named F. F. to award arbitrate determine and judge of for upon or concerning all and all manner of Judgments Executions Actions Suits Cause and Causes of Action and Suit Accompts Reckonings Sum and Sums of Money Trespasses Strifes Variandes Quarrels Controversies Judgments Executions and Demands whatsoever had made moving or depending or having being and beginning between the said Parties at any time or times before the day of the date of these presents So alwayes that the said award arbitrement doom determination and judgment of the said arbitrators of for or upon the premises be made or put in writing indented under their Hands and Seals and ready to be delivered to the said Parties or to such of them as shall come and require the same of the said arbitrators on this side or before the c. and if the said arbitrators shall make and put in writing indented no such award or arbitrement as aforesaid for and upon the premises at or before the said day of c. if then the said A. S. his Heirs Executors and Administrators and every of them for his and their part and behalf in all things do well and truly stand to abide obey observe perform fulfil pay and keep all and every the award umpirage arbitrement determination final end and judgment of Sir R. R. of c. Umpire indifferently elected and chosen on the part and behalf of either of the said Parties to award arbitrate determine and finally to judge of for upon or concerning all and singular the aforesaid premises so alwayes that the said award umpirage arbitrement determination final end and judgment of the said Umpire of for or concerning the same premises be had and put in writing indented under his Hand and Seal at or in the c. and ready to be delivered to the said Parties or to such of them as shall come and require the same of the said Umpire That then c. A Condition that one shall not demise or alien without consent THe Condition c. That if neither the above-bound R. R. nor his Assigns nor any of them do or shall at any time hereafter demise grant bargain sell or otherwise do away his or their Estate Right Title Interest Claim and Demand either in Fee-simple Fee-tail or otherwise to any person or persons whatsoever of in or to that the Mannor of c. in the County of c. with the right members and appurtenances thereof in the said c. whatsoever or of in or to any part or parcel thereof which he the said R. R. or his Heirs have hath or had may might should or ought to have or claim of in or to the said Mannor with the appurtenances without the consent and agreement of the above-named T. J. his Heirs or Assigns or some of them to that effect first had and obtained in writing under his their or some of their Hands and Seals That then this c. A Condition to justifie all such Actions as shall be commended by reason of a
Letter of Attorney THe Condition c. That whereas the within-bound J E. by his Deed or Letter of Attorney bearing date c. hath made and constituted the within-named W. D. his true lawful and sufficient Attorney to ask levy recover and receive for him and in his name to the only proper use and behoof of the said W. D. his Executors and Administrators 200 l. of c. wherein R. C. of c. by his Obligation bearing date c. is and standeth bound unto the said J. E. as by the same Letter of Attorney more at large it doth and may appear If therefore the said J. E. his Executors and Administrators and every of them do at all times hereafter and from time to time avow justifie and maintain all and every such lawful action and actions plaints process suits judgments and executions as the said W. D. his Executors Administrators and Assigns or such as the said W. D. his Executors Administrators or Assigns shall thereunto assign name and appoint shall attempt commence and pursue in the name of the said J. E. his Executors or Administrators against the said R. C. his Executors or Administrators or any of them upon or by reason of the said recited Obligation And also that if neither the said J. E. his Executors or Administrators or any of them shall hereafter willingly do or procure to be done any manner of act or acts thing or things whereby the said debt of 200 l. or any part or parcel thereof is or shall be released or in any wise discharged or whereby or by reason whereof any action or actions writ plea process or execution to be had attempted brought or executed for touching or concerning the suing for or recovery of the said sum of 200 l. shall be any way impeached abated with-drawn delayed or hindred except it be by and with the consent of the said W. D. his Executors or Administrators under his or their Hands and Seals first had and obtained in writing That then c. A Condition for payment of Money yearly with a Clause to find new Sureties upon death of any of the former THe Condition c. That if the within-bound R. D. W. D. and R. B. or any of them their or any of their Executors Administrators or Assigns do well and truly pay or cause to be paid unto the within-named J. A. his Executors or Assigns yearly from henceforth for and during the term of twenty one years the yearly sum of c. at or in c. at the four usual Feasts or Terms in the year that is to say at the Feast of c. or within twenty dayes next after every of the said Feasts by even and equal portions to be paid And if it shall happen the said R. D. W. D. or R. B. or either of them to die or depart his or their natural life or lives before the said term of twenty one years shall be fully ended next after the date within-written If then the said R. D. his Executors or Administrators do within three Moneths next after request in that behalf to him or them to be made by the said J. A. his Executors Administrators or Assigns procure and cause such other sufficient and able person or persons to become bound and enter into Bond unto the said J.A. his Executors Administrators or Assigns by Obligation in due form to be made for the same payment of the said yearly sum of c. for and during so many years as shall be then to come and unexpired of the said term of twenty one years and with the like clause for putting in other new Sureties as herein is expressed as shall be of sufficient ability to answer and pay the sum of money wherein he or they shall so stand bound if the same should be forfeited That then c. A Condition to save harmless from Legacies THe Condition c. That if the within bound W. W. his Heirs Executors and Administrators and every of them do and shall from time to time and at all times hereafter clearly acquit exonerate and discharge or otherwise well and sufficiently save and keep harmless the within named B.F. his Heirs Executors and Administrators and every of them and his and their Goods Chattels Lands Tenements Possessions and Hereditaments and every of them as well against the Children of R. E. late of c. deceased their Executors Administrators and Assigns and every of them as also against all and every other person or persons whatsoever of for from and concerning all and all manner of Gifts Legacies Childrens Portions sum and sums of Money and Bequests whatsoever given and bequeathed unto them and every or any of them in and by the last Will and Testament of the said R. E. or otherwise and of and from all Actions Suits Costs Judgments Extents Executions and Demands whatsoever which shall or may at any time hereafter happen to arise come or grow to for of against the said R. F. his Executors Administrators and Assigns or any of them upon or by reason of the same That then c. A Condition not to molest sue or trouble for any matter or cause before past THe Condition c. That if neither the within-bound A. B. his Executors Administrators or Assigns or any other person or persons for him or them or in his or their name or names do not at any time or times hereafter molest sue vex or trouble the within-named C. D. his Executors or Administrators or any of them by any manner of wayes or means whatsoever for upon or by reason of any matter or cause whatsoever had made moving or depending between the said Parties from the beginning of the world until the day of the date within-written That then c. A Condition to seal a Counter-part of an Indenture by a day THe Condition c. That if one A. B. of c. shall on this side and before the first of c. seal and subscribe to the Counter-part of one Deed indented bearing date c. made between the within named W. M. of the one part and the said A.B. of the other part and the same so sealed and subscribed to deliver as his proper act and deed to the onely use and behoof of the said W. M. and also the said Counter-part of the said Deed indented so sealed subscribed and delivered by the said A. B. in manner and form aforesaid do on this side and before the c. then next ensuing deliver or cause to be delivered unto the said W. M. his Heirs or Assigns whole uncancelled and undesaced at or c. That then c. A Condition for acknowledgment of a Fine THe Condition c. that if the above-bounden G. S. and A. his Wife do and shall at and before the c. next ensuing the date within-written at the Costs and Charges in the Law of the within-named R. P. his Heirs or Assigns before the Justices of the
aforesaid and to his Successors Chamberlains of the same City in the sum of 350 l. of c. with condition amongst other articles in the said Recognizance specified for the true payment of 300 l. of like money unto the said Chamberlain or his Successor to the use of E. and J. Orphans of T. B. late Citizen and Grocer of London deceased at such time as they or either of them shall accomplish their several ages of twenty one years as by the said Recognizance and Condition thereof more at large may appear If therefore the said E. K. his Heirs Executors or Administrators do from time to time and at all times hereafter discharge exonerate acquit or otherwise well and sufficiently save and keep harmless the said J. C. J. L. and W. G. and every of them and the Heirs Executors and Administrators of them and every of them and all and singular the Lands Tenements and Hereditaments Goods and Chattels of them and every of them against the said Chamberlain and his Successors and against all and every other person or persons whatsoever of for and concerning the said Recognizance and all and singular sums of money penalties forfeitures and things whatsoever in the said Recognizance or condition thereof or either of them contained or specified and also of for and concerning all and singular Actions Suits Judgments Extents Executions Molestations Costs Charges Troubles Incumbrances and Demands whatsoever which shall or may arise grow happen or be by reason or means of the said Recognizance And also if it happen the said E. K. before the said sum of 300 l. be fully paid to the said Chamberlain or his Successors according to the tenour and purport of the said condition of the said Recognizance to decease or by any means to come to poverty and insufficiency of himself to his goods and chattels out of the liberties of the City aforesaid to absent withdraw or purloyn Then if the said E. K. his heirs executors or administrators within six moneths next after such decease coming to poverty and insufficiency or such withdrawing absenting or retaining himself or his Goods or Chattels out of the liberties of the City aforesaid or upon reasonable request do make true payment unto the said Chamberlain or Successors of the said sum of 300 l. to the use aforesaid and then also within the same six moneths or upon such request as aforesaid do cause and procure the said Recognizance and all Extents and Executions of the same to be clearly and lawfully discharged and made void That then c. A Condition from the under-Sheriff to a High-Sheriff for saving harmless THe Condition c. That whereas the above-named Sir M. G. Knight Sheriff of the County of B. hath assigned and deputed the above-named R. B. his Under-Sheriff If therefore the said B. N. the above-bound C. R. and G. D. their Heirs Executors and Administrators and every of them do at all time and times hereafter save and keep harmless and indempnified as well the said Sir M. G. his Heirs Executors Administrators and Assigns and every of them as also the said Lands Tenements Hereditaments Goods and Chattels of the said Sir M. G. of for touching or concerning the returns and executions ãâã all such Process Writs and Warrants of what nature soever they be as are or shall be hereafter directed to the Sheriff of the said County of B. and shall be brought and delivered or offered to be delivered to the said B. N. during the term that the said Sir M. G. shall be Sheriff of the said County And of and from all Issues Fines and Amerciaments which shall happen to be imposed or taxed upon the said Sir M. G. for or concerning the not executing wrongful executeing or detaining in his hands any Writs Process or Warrants and of for and concerning all Escapes of all and every person or persons that shall be arrested or apprehended by vertue of any such Process Writ or Warrant during the time that the said Sir M.G. shall continue Sheriff of the said County of B. And also if the said B. N. C. R. and G. D. their Heirs Executors and Administrators and every of them shall save harmless and indempnified the said Sir M. G. and his Heirs and Assigns and his and their Lands Goods and Chattels of for and concerning all such accompt and accompts as the said Sir M. G. is and shall be charged withall as Sheriff of the said County of B. to our Soveraign Lord the King his Heirs or Successors in any of His Majesties Courts and of all sums of money which shall be levied or received by the said B. N. as Under-Sheriff of the said Sir M. G. or any Bayliff or other person by the direction or assent of the said B. N. to the use of the Kings Majesty his Heirs or Successors That then c. A Condition to save harmless a Surety from a Bond of Arbitrement THe Condition c. That if the above-bound A. D. his Executors and Administrators or any of them do and shall from time to time and all times hereafter well and sufficiently save and keep harmless and indempnified the above-named G. M. his Heirs Executors and Administrators and his and their Lands Tenements Goods Chattels and Hereditaments of for from and concerning one Obligation bearing date the day of the date above-written wherein the said G. M. at the request of the said A. D. is and standeth bound unto R. M. Gentleman in the sum of 100 l. with Condition there-under written that the said A. D. abide the award of W. M. and T. B. Esquires Arbitrators and of and from all Actions Suits Arrests Costs Charges and Demands whatsoever concerning the premises without fraud or coven That then c. A Condition if money be not paid at the day then to surrender certain Copy-hold Lands c. THe Condition c. That if the within-bound B. L. do not or shall not well and truly pay or cause to be paid unto the within-named J. P. his Executors Administrators or Assigns the full sum of c. on the c. next ensuing the date within-written at c. according to a Proviso or Condition mentioned in a Deed or Surrender bearing date the day of c. Then if the said E. L. and A. his wife do and shall at the next Court to be holden for the Mannor of c lawfully and absolutely surrender into the hands of the Lord of the said Mannor to the only use and behoof the said J. P. his Heirs and Assigns for ever according to the custom of the said Mannor the said several parcels of Land with their and every of their appurtenances in the said Surrender mentioned And also if the said J. P. his Heirs or Assigns shall or may peaceably and quietly have hold and enjoy the said parcel of Land and every of them with their and every of their appurtenances so surrendred as aforesaid freely and clearly acquitted of and from
any sufficient discharges to any of my said Tenants or Farmers requiring the same And the same sum and sums of Money Rents Issues and Profits so had and received to pay and deliver to me the said G. K. my Executors Administrators and Assigns and to be accomptable unto me the said G. K. my Executors and Administrators from time to time for all every or any the said sum or sums of Money so as asonesaid by the said C. P. had taken and received at the Feast of St. Michael the Archangel next ensuing the date hereof or before the end of Candlemas Term then next ensuing and at the Feast of the Annunciation of the blessed Lady St. Mary the Virgin then next following or before the end and expiration of Trinity Term then next ensuing and so from time to time at the Feasts and Dayes before prefixed to give and make a true account or accounts to me during the continuance of the power to him given and granted as aforesaid And further I do by these presents give full power and authority to my said Attorney at any time hereafter to elect and choose some one sufficient and able person to be Steward of my Courts of my said Mannors c. and also to place and displace at his will and pleasure upon just occasion any Bayliff or other Officer or Officers whatsoever as occasion shall require and also giving and by these presents granting unto my said Attorney full power and lawful authority for me and in my name stead and place and to my use as aforesaid for non-payment of all every or any my said Rents arrerages of Rents Issues Amerciaments and Profits to distrain impound arrest sue implead and imprison all every or any my said Tenants or Farmers which shall refuse to pay my said Attorney all or any such sum and sums of Money Rents Issues and Profits by them or any of them respectively due and payable unto me as aforesaid and the same persons again to discharge acquit and release of and from the same at his will and pleasure And further to do or cause or procure to be done in and about the premises all and whatsoever to the said C. P. shall seem requisite and needful to be done as effectually as if I my self were then and there personally present And which c. so to be done I do hereby covenant and grant for me my Heirs c. to justifie aver and maintain as fully and perfectly to all intents constructions and purposes as though the same were actually done by my self In witness c. A Warranty of Attorney to confess a Judgment WHereas K. B. widow of c. Executrix of the last Will and Testament of J. B. Esq hath sued out of the High-Court of Chancery an Original Writ of Debt for Two hundred pounds against me T. H. and J. W. of c. Esq and Sir R. B. of c. Knight my Sureties returnable this Trinity Term in the Court of Common-Pleas at Westminster These are therefore to require you to appear for me and my Sureties and to make Declaration for us the said T. H. J. W. and Sir R. B. at the suit of the said K. B. and thereupon to confess a Judgment either by non sum informat nihil dicit or otherwise as you shall think fitting and this shall be your sufficient warrant in that behalf In witness c. A Warrant to acknowledge satisfaction Mr. T. W. VVHereas in Trinity Term in the Twentieth year of the Reign of our Soveraign Lord King Charles over England c. there was a Judgment had and obtained in His Majesties Court of Common-Pleas at Westminster against A. P. of c. for c. Debt and c. Damages and Costs at the suit of c. These are to require you to acknowledge satisfaction upon the said Judgment and this shall be your sufficient warrant for the same In witness c. Another Warrant to acknowledge satisfaction Mr. T. F. VVHereas I heretofore retained you my Attorney in His Majesties Court of Kings Bench at Westminster to sue charge and implead R. E. upon several actions and a Habeas Corpus depending against him and whereas you thereupon further proceeded by my direction to the recovery and entry of four several Judgments the one of 50 l. Debt and 7 l. 10 s. and 8 d. Damages another c. another c. and the other c. for that I have received full satisfaction from the said R. E. for and concerning all those actions and several executions by you in my behalf obtained and entred against him by force whereof he remains Prisoner in the custody of the Marshal of His Majesties said Court These are therefore to will and require you to discharge those several actions by search or otherwise out of the Entry-Book of the Marshal of that Court or other declarations remaining on file there And further I do hereby direct and authorize you to acknowledge satisfaction upon Record upon the several Judgments above specified and all other Judgments chargeable against him for my satisfaction and so to release his person out of the Marshals custody from all causes touching me And for the doing thereof this shall be your sufficient warrant and discharge In witness c. An Indenture for suing forth a writ of Entry of a Mannor to the intent a Recovery may be had THis Indenture tripartite made the c. between H. E. of c. of the first part W. G. of c. of the second part and A. B. and C. D. of c. of the third part Witnesseth That it is covenanted granted concluded condescended unto and fully agreed upon by and between the said Parties to these presents And the said H. E. doth for himself his Heirs c. covenant c. that he the said E. or his c. before the Feast of c. at the proper Costs and Charges in the Law of the said W. G. his Heirs or Assigns shall permit and suffer the said A. B. and C. D. to bring and sue forth out of His Majesties High-Court of Chancery one Writ of Entry sur disseisin en le post against the said W. G. returnable before the Justices of the Common-Pleas at VVestminster at a certain day before the said Feast of c. by which Writ the said A. B. and C. D. shall demand against the said W. G. all that the Mannor of c. by the name of c. or by any other name or names whatsoever whereunto the said W. G. shall appear before the said Justices at the said day of return to be contained in the said Writ in his own proper person or by his Attorney sufficiently authorized by the Law for the same upon which appearance the said A. B. and C. D. shall declare against the said W. G. according to the nature of the said Writ and that he the said H. E. shall permit and suffer the said W. G. to make defence
with the said C. D. his Heirs and Assigns and every of them by these presents in manner and form following that is to say That he the said A. B. at the time of the ensealing and delivery of these presents is and until a good pure perfect and absolute estate of Inheritance of all and singular the before granted premises and every part thereof shall be fully vested setled and executed in and upon the said C. D. and his Heirs according to the true meaning of these presents shall remain continue and be seized of and in the said Messuage or Tenement and all and singular other the premises in and by these presents granted bargained and sold with all and every their rights members and appurtenances of a good pure perfect and absolute Estate of Inheritance in Fee-simple without any Condition Reversion Remainder or Limitation of any Use or Uses Estate or Estates in or to any person or persons whatsoever to alter change defeat determine or make void the same And that the said A. B. at the time of the ensealing and delivery of these presents hath full power good right and lawful authority to grant bargain sell and convey all and singular the before hereby granted or mentioned to be granted premises with their and every of their appurtenances unto the said C. D. his Heirs and Assigns in manner and form aforesaid And that he the said C. D. his Heirs and Assigns and every of them shall or may by force and virtue of these presents from time to time and at all times for ever hereafter lawfully peaceably and quietly have hold use occupy possess and enjoy the said Messuage or Tenement and all and singular the before granted premises with their and every of their rights members and appurtenances and have receive and take the Rents Issues and Profits thereof to his and their own proper use and behoof for ever without any lawful let suit trouble denial interruption eviction or disturbance of the said A. B. his Heirs or Assigns or of any other person or persons whatsoever lawfully claiming by from or under him them or any of them or by his or their means act consent title interest privity or procurement And that free and clear and freely and clearly acquitted exonerated and discharged or otherwise from time to time well and sufficiently saved and kept harmless by the said A. B. his Heirs Executors or Administrators of from all and all manner of former and other Gifts Grants Bargains Sales Leases Mortgages Joyntures Dowers Title of Dower Statute-Merchant and of the Staple Recognizances Extents Judgments Executions Uses Entails Rents and arrerages of Rents Forfeitures Fines Issues and Amerciaments and of and from all and singular other Titles Troubles Charges Demands and Incumbrances whatsoever had made committed suffered omitted or done by the said A. B. his Heirs or Assigns or by any other person or persons whatsoever lawfully claiming by from or under him them or any of them or by from or under his or their means act consent title interest privity or procurement the Rents and Services which from henceforth from time to time for or in respect of the premises shall grow due and payable to the chief Lord or Lords of the Fee or Fees of the promises onely excepted and fore-prized And further the said A. B. for himself his Heirs Executors and Administrators doth c. that he the said A. B. his Heirs and Assigns and all and every other person and persons and their Heirs lawfully having or claiming or rightfully pretending to have or which hereafter shall or may lawfully have or claim or rightfully pretend to have any Estate Right Title Interest or Demand into or out of the premises or any part or parcel of them by from or under the said A. B. his Heirs or Assigns shall and will from time to time and at all times for and during the space of seven years next ensuing the date of these presents at and upon the reasonable request and at the costs and charges in the Law of the said C. D. his Heirs or Assigns make do perform acknowledge levy execute and suffer or cause to be made done performed knowledged levyed executed and suffered all and every such further lawful and reasonable act and acts thing and things device and devices assurance and assurances and conveyances in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of all and singular the before hereby granted or mentioned to be granted premises with their and every of their rights members and appurtenances unto the said C. D. his c. be it by Fine or Fines Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrolment of these presents recovery or recoveries with single or double Voucher or Vouchers release or confirmation or by all and every or any the wayes or means aforesaid or by any other wayes or means whatsoever as by the said C. D. his c. or by his or their Council learned in the Laws shall be reasonably devised advised or required so as the said A. B. his c. or such other person or persons who shall be required to make such further assurance be not compelled or compellable to travel further than the Cities of London and Westminster or either of them in or about the making thereof And lastly it is covenanted granted concluded condescended unto and fully agreed upon by and between the said Parties to these presents for them their Heirs and Assigns by these presents That all Fines Feoffments Recoveries and Affurances in the Law whatsoever had made levied knowledged suffered or done or hereafter to be had made knowledged suffered levied or done by or between the said Parties to these presents or any of them of for touching or concerning the said Messuage or Tenement and all and singular other the before hereby granted premises with their rights members and appurtenances and every or any part thereof shall be and enure and shall be construed esteemed adjudged and taken to be and enure to the onely proper use and behoof of the said C. D. his c. for ever and to none other use intent or purpose whatsoever In witness c. A Conveyance of a Mannor and Lands in consideration of a Marriage c. THis Indenture made c. between J. M. of c. of the one part and E. F. of c. and G. M. of c. of the other part Witnesseth That for the preferment and advancement of P. M. natural Son of him the said J. M. and one of the Heirs males of the said P. M. and for and in consideration of the great fatherly love and natural affection which he the said J. M. beareth to the said P. M. his Son and to the intent and purpose that the Mannor Lands and Tenements hereafter mentioned shall and may be and continue in the Stock Blood and Kindred of the said J. M. and for and in
witness c. A Deed of Gift of Goods of Warranty TO all c. I A. B. c. send greeting Know ye That I the said A. B. being of a good and perfect mind and without fraud or deceit for divers good Causes and Considerations me hereunto moving have given granted and confirmed and by these presents do give grant and confirm unto c. All and singular my Goods Chattels Implements Debts Bills Bonds Specialties Necessaries Sums of Money and other things whatsoever as well moveable as immoveable of what nature kind or quality soever they be and in whose Hands Custody Possession Governance or Keeping or whatsoever place or places they be or may be found as well on this side as beyond the Seas To have and to hold levy perceive use receive and enjoy all and singular the said Goods Chattels Implements Credits Debts Specialties Sums of Money and all other the premises with all and singular their appurtenances unto the said C. D. his c. to the only proper use and behoof of the said C. D. his c. for ever Freely peaceably and quietly without any manner of reclaim challenge or contradiction of me the said A. B. my c. or of any other person or persons by any means title or procurement in any manner or wise and without any account reckoning or answer therefore to me or any in my name to be given rendred or done in time to come So that neither I the said A. B. my c. nor any other person or persons by us for us or in our names or in the name or names of us or any of us at any time or times hereafter may ask claim challenge or demand in or to the premises or any part thereof any interest right title ose or possession but from all action of right title claim interest use possession and demand thereof we and every of us to be utterly excluded and for ever debarred by these presents And I the said A. B. my c. all the said Goods Chattels and other things above mentioned with their appurtenances unto the said C. D. his c. to the use above said against all people will warrant and defend by these presents of which said Goods Chattels and other things I the said A. B. have put the said C. D. in peaceable possession by the delivery of Six pence which I have paid and delivered to the said C. D. the day of ââe date hereof In witness c. Nota. If a Deed of Gift be made of Money owing to the Donor let there be a Letter of Attorney comprehended therein If the Deed be made of good Chattels in consideration of a Debt let there be a Covenant in the same Deed that the Donor shall permit the Donee to come into the House or any other place where the Goods be quietly and peaceably to receive and carry away the same to the use of the Donee If that there be an Inventory of parcels annexed to the Deed let there be a Covenant in the Deed that the same Goods and Chattels shall not be wasted and that they are free from any former Gifts or Incumbrances at the ensealing by a penny fixed in the Seal or some part of the said Goods But assurance for Debt of Goods and Chattels is best to be done by Bargain and Sale indented with an Inventory A Covenant that the Lessor shall seal a new Lease and in the interim the Lessee to enjoy though the old Lease be surrendred TO all c. I B. H. send greeting Whereas J. M. at the request of me the said B H. and for the consideration hereafter specified hath granted and surrendred by his writing beating date with these presents one Indenture of Lease bearing date the c. and all the right interest and term of years which he the said J. M. now hath or of right ought to have of in and to c. in the said Indenture of Lease specified by me the said B. H. unto him the said J. M. demised for the term of c. and for the Rent of c. payable quarterly Now know ye That I the said B. H. for me my Executors and Administrators do covenant and grant to and with the said J. M. his c. and to and with every of them by these presents that I the said B. H. my c. in consideration of the said Surrender of the said Lease and premises and for other good Considerations me moving shall and will at the Costs and Charges of me the said B. H. my c. at or before c. make seal and in due form of Law deliver unto the said J. M. his c. one other good and sufficient new Lease of the said c. for the remainder of the said term of c. then to come for and upon such Rent Covenants and Conditions as are specified and contained in the Lease above receited made by me the said B. H. unto the said J. M. And that the said J. M. his c. shall and may in the mean time until the said new Lease of the premises shall be by me unto him so made sealed and delivered as is aforesaid peaceably and quietly have hold and enjoy the said Messuage or Tenement Shop and Premises with the appurtenances and every part and parcel thereof without any let trouble or contradiction of me the said B. H. my c. or any other person or persons claiming or which shall or may claim any Estate or Interest in or to the premises or any part thereof by from or under us or any of us in as large and ample manner and sort to all intents and purposes as if the same Indenture of Lease had been in full force and still remaining in the Hands of him the said J. M. In witness c. A Covenant not to commence any Action or Suit against a Surety that stands bound TO all c. Whereas J. M. and F. F. of c. by their Obligation dated c. are and stand bound unto me the said J. in the sum of c. conditioned for payment of c. at a day long sithence past as by the same Obligation and Condition thereof more plainly appeareth which said sum of c. or any part thereof was not paid according to the Condition of the said Obligation whereby the said Obligation became forfeited And whereas the said J. in Easter Term in the year c. in the Court c. obtained judgment of c. together with c. Costs against the said c. as by the Records of the said Court more plainly may appear Now know ye That I the said c. for divers good Causes and Considerations me especially moving am pleased and contented and for me my c. do covenant promise and grant to and with the said their c. That neither I the said c. my c. nor any of us nor any other person or persons whatsoever
in the name of us or any of us shall at any time or times hereafter use implead molest arrest attach imprison and condemn or cause to be c. the said I. M. his c. or any of them for or upon the aforesaid Obligation so forfeited as aforesaid or by vertue of the said Judgment or of any Execution or Elegit to be had or procured thereupon or by any other wayes or means whatsoever In witness c. A Covenant to pay the Sheriff or his Bayliff for apprehending a man TO all c. I T. O. of c. send greeting Whereas c. doth owe and is indebted unto me the said c. in the sum of c. by Bill or Writing Obligatory under his Hand and Seal upon which Bill I have commenced a Suit at Law and thereupon had Judgment upon which I have taken out Execution And whereas M. F. Sheriff of c. or T. S. Bayliff of the Wapentake or Hundred of c. for the considerations here-under written and agreed upon hath undertaken to do his best endeavour for the serving of the said Execution and by vertue thereof to apprehend the Body of the said J. S. Now know ye That I the said T. O. for me my c. do covenant c That if the said M. F. or T. S. do serve the said Execution upon the Body of the said J. S. and him imprison and commit unto the Goal whereupon he may remain charged with the said Debt or if upon serving the said Execution the said J. S. do pay c. the said Debt or compound with me for the same that then in any of the cases aforesaid I the said c. shall and will forthwith pay the said M. F. or T. S. the sum of c. in consideration of the said business so to be performed c. In witness c. Covenants between two Partners at the dissolution of their Co-partnership THis Indenture made c. between T. H. C. and G. of London of the one part and W. I. C. and G. of London aforesaid of the other part witnesseth That whereas the said T. and W. by their Indenture of Co-partnership beating date c. for the confideration in the said Indenture specified did condescend conclude and agree to become and continue Joynt-Dealers and Co-partners together in the Art and Mystery of c. and in buying selling and uttering of c. and all other Wates Commodities and Merchandizes belonging or commonly used to and with the said Trade for the term of c. from the Feast-day of c. last past c. if the said T. and G. should so long live and unless they the said T. and W. should otherwise agree together as by the said Indenture of Co-partnership whereunto relation being had more at large c. And whereas the said T. and W. by their mutual consents free-will and agreement and for very good Causes and Considerations them thereto moving have thought good to dissolve and break off the Co-partnership and from thenceforth to become no Co-partners together Now this Indenture further witnesseth That it is covenanted concluded and fully agreed by and between the said c. for and concerning the premises in manner and form following viz. first the said W. for and in consideration of a certain sum of money to him the said W. in Hand at the ensealing and delivery of these presents by the said T. well and truly paid and delivered for him his c. doth covenant and grant c. by these presents to assign and set over remise and release unto the said T. his c. all and every such part portion and share as he the said W. his c. hath may might or ought to have of in and to all and singular the Goods Chattels Housholdstuff Wares Merchandizes Debts Obligations Specialties Bills Obligatory Sum and Sums of Money and other things whatsoever incident or belonging to the said late Co-partnership or joynt-dealing in any manner of wise and also his Estate Interest Right and Demand therein or in or to any part thereof together with all such benefit and commodity as he the said W. his c. might or ought to have had taken or received upon for or by reason of the said Bills Bonds Books Obligations or Speciâlties belonging to the said Co-partnership And that it shall and may be lawful to and for the said T. his c. to have keep receive and enjoy as well all and every the Goods Chattels Houshold-stuff Wares and Merchandizes belonging to the said late Co-partnership as also all and every such Debts Duties Sum and Sums of Money as shall be had received obtained or gotten by vertue of the said Book Bills Bonds Obligations or Specialties or any of them or of any Suit Judgment Execution or Process thereupon to be commenced pursued had or taken without the let trouble or contradiction or the unjust Plea in Bar arising from any act or thing heretofore done or hereafter to be done or willingly suffered by the said W. his c. or any of them and without any accompt or other thing to be therefore rendred or yielded to the said W. his c. or any of them And further that he the said W. heretofore hath not received any sum or sums of money belonging to the said late Co-partnership other than such as are already allowed upon accompt nor hath released or discharged nor that he his Executors or Administrators shall or will hereafter receive release discharge or make frustrate all or any of the said Debts Duties Sum or Sums of Money Bonds Specialties or Demands due or to be due by vertue of the said Bills Books Specialties Obligations or Agreements or any of them other than such as are allowed upon accompt as aforesaid without the consent or agreement of the said T. H. his c. first had and obtained in writing under his or their Hands nor voluntarily or willingly discontinue disavow or suffer to be non-suited in or make any retraxit or otherwise discharge hinder or delay any Action Suit or Plaint whatsoever which he the said T. H. now hath or at any time hereafter shall commence prosecute or pursue in the name of the said W. G. his c. for the recovery or obtaining of the said Debts Duties Sum or Sums of Money or Demands belonging to the said late joynt dealing but that he the said W. G. his c. shall and will from time to time and at all times hereafter upon the reasonable request and at the costs of the said T. H. his c. justifie allow maintain and avow all and every such action suit plaint and arrest as he the said his c. shall commence c. for the recovering levying obtaining or getting of all or any the Debts c. belonging to the said late Co-partnership ratifying c. all and every lawful act matter and thing whatsoever which he the said his c.
shall commence prosecute c. for the recovering c. the said Debts Duties c. or any of them And lastly that he said T. H. his c. shall and will from time to time and at all times hereafter well and sufficiently acquit and discharge save and keep harmless the said W. his c. of and from all and all manner of Troubles Damages Artests Costs Charges and Incumbrances whatsoever which shall or may be taxed urged or happen to be had recovered or obtained against the said T. his c. for or by reason or means of any action suit c. which the said T. H. now hâth or shall hereafter commence c. or cause to be commenced c. against any person or persons for recovering having or obtaining any of the said Debts Duties or Demands above specified or for any the Debts Duties Sum or Sums of Money or any thing whatsoever touching the said late Co-partnership now owing or which hereafter shall be due or payable to the said T. and W. or either of them or any person or persons whatsoever or for or by reason of any Debts now owing or Wares taken up upon credit by him the said T. his c. and not charged upon the said partible accompt wherewith or whereby he the said W. G. his c. shall or may be charged or chargeable In witness c. A Partition of Debts between one Co-partner and the Executor of the other and to sue c. THis Indenture made c. between R. E. Citizen c. and R. S. of London Gentleman Son and Heir appatent of W. S. late Citizen c. deceased and Executor of the last Will and Testament of the said W. S. of the other part witnesseth That whereas the said R. E. and W. S. in the life-time of the said W. S. for many years together did deal and traffique as joynt Partners and Occupiers in the Trade of c. and other Merchandizes and in buying selling and merchandizing and by reason thereof divers and sundry sums of money by divers and sundry persons became due and payable to them joyntly as Debts owing to the said R. and W. joyntly And whereas therefore the said R. E. and W. S. in the life-time of the said W. S. by agreement between them divers Debts due and owing between them did sever and part in such manner and form as in and by a certain pair of Indentures bearing date the c. and certain Schedules thereunto annexed made between the said R. E. of the one part and the said R. S. c. is mentioned and more plainly doth and may appear sithence which time divers and several of the Debts therein mentioned have been received and compounded for as well by the said R. E. and W. S. in the life-time of the said W. as also by the said c. Executor of the said W. sithence the decease of the said W. And whereas also divers and sundry other sums remaining then and yet unpaid and uncompounded for for the better recovery whereof and for the continuing of peace and amity between them they the said R. E. and R. S. have equally divided those Debts yet remaining unreceived or compounded for as in and by two several Schedules thereof made the one called the first Schedule wherein the Debts Duties Sums of Money and Demands yet unreceived now allowed and appointed to the said R. S. are contained and mentioned and the other called the second Schedule wherein the Debts Duties Sums of Money and Demands yet unreceived and now appointed to the said R. E. are likewise contained and mentioned and hereunto annexed more plainly it doth and may appear This Indenture now further witnesseth That it is covenanted granted concluded and fully agreed between the said R. E. and R. S. for and concerning the premises in manner and form following viz. first the said R. E. for him c doth by these presents grant assign and set over remise and release unto him the said R. S. all and every the Debts Obligations and Bills Obligatory and several sums of money in the said Schedule annexed unto this present Indenture called the first Schedule mentioned and expressed and all his part portion interest right and demand therein or thereof with all such benefit and commodity as the said R. E. his c. can or may lawfully take receive or have upon or by reason of any the said Obligations Bills Debts Duties or Demands contained or mentioned in the said Schedule called the first Schedule alotted to the said R. S. And further the said R. E. doth by these presents for him his c. constitute and in his place appoint the said R. S. during his life and after the death of the said R. S. his Executors and Administrators to be his lawful Attorney irrevocable for and in the name of the said R. E. during his life and after his decease for and in the name of his c. to ask take c. of all the Debtors in the said Schedule called the c. and annexed to this present Indenture mentioned or any of them or of the Heirs c. all and every the sum and sums of Money in the said Schedule called the first Schedule mentioned or contained and the said R. E. for him his c. doth covenant and grant to and with the said R. S. his c. by these presents that it shall and may be lawful to and for the said R. S. during the life of the said R. S. and to and for the Executors of the said R. S. after his decease at the only costs and charges of the said R. S. his c. or some of them in the name of the said R. E. during his life and after his death c. to prosecute any Actions Suits or Plaints for the recovery of all or any the Debts Duties or Demands in the said Schedule annexed to this present Indenture called c. contained or mentioned against all or any of the Debtors therein named their c. and the same Actions Suits and Plaints and every or any of them at the like costs and charges of the said R. S. his c. without the let trouble contradiction or the unjust plea in bar arising from any act heretofore done by the said R. S. his c. to prosecute and pursue until judgment and execution thereupon shall be had and taken and all such sum and sums of money as shall upon or by reason of any such suit or suits happen to be recovered had levied or received to take and keep to the only use and behoof the said R. S. his c. without any accompt or other thing therefore to be rendred or yielding to the said R. his c. or any of them ratifying c. all and every action act and thing which the said R. his c. shall make do commit or execute or cause c. in of about the premises for and touching the
recovery or receiving of all or any the said Debts in the said Schedule mentioned And the said R. E. his c. doth by these presents covenant c. to and with the said R. S. his c. that the said R. E. hath not heretofore released or discharged nor that he his c. shall or will release or discharge all or any the Debts Duties sums of Money or Demands in the Schedule c. without the consent or agreement of the said R. S. his c. first had and obtained in writing under his or their Hand or voluntarily or willingly discontinue disavow or be non-suited in or make any retraxit or otherwise discharge to hinder or delay any such action suit or plaint which the said R. E. his c. shall at any time hereafter commence c. in the name of the said R. S. for recovery or obtaining of all or any the said c. in the said Schedule c. mentioned But that the said R. E. his c. shall and will from time to time and at all times hereafter justifie avow c. all and every such actions suits c. which he the said R. S. his c. shall at any time hereafter commence or prosecute at the costs and charges of the said R. S. his c. against any person or persons for recovery or obtaining of all or any the said Debts c. in the said Schedule annexed to this present Indenture called c. mentioned or expressed Ratifying c. all and every matter and thing whatsoever which the said R. S. his c. or any of them shall commence make do execute or prosecute for the receiving recovering levying c. the said Debts c. or any of them And the said R. S. for him his c. and every of them in consideration of the premises doth by these presents covenant and grant to and with the said R. E. his c. and every of them that he the said R. S. his c. shall and will from time to time and at all times hereafter sufficiently acquit discharge and save harmless the said R. E. his c. and every of them of and from all manner of Damages Troubles Suits Arrests Costs and Charges whatsoever which shall be taxed upon or happen to be had brought recovered or obtained against the said R. E. his c. Goods Chattels or Lands for or by reason of any Action Suit Plaint Process Judgment Arrest or Execution which the said R. S. his c. shall hereafter bring commence pursue or prosecute or cause to be c. against any person or persons in the said Schedule annexed to this present Indenture called the first Schedule named contained or mentioned there c. for the recovering or obtaining of any the said Debts Duties c. in the said Schedule mentioned And the said R. S. for him his c. doth further covenant grant assign set over remise and release unto the said R. E. all and every the Debts Obligations and Bills Obligatory and several sums of Money Duties and Demands in the said Schedule called c. annexed to this present Indenture allotted to the said R. S. contained and expressed and all Bills Bonds Obligatory Writings and Specialties whatsoever touching or concerning the same or any of them and all his part portion interest or demand therein or thereunto or of any part or parcel thereof together with all such benefit and commodity as the said R. S. his c. can or may lawfully have take or receive upon or by reason of any the said Debts Duties or Demands contained or expressed in the said Schedule c. And that all and every the several sums of money in the said Schedule c. annexed to these presents contained and expressed shall be and remain fully and wholly to the said R. S. his c. without let trouble or contradiction or without any accompt or other thing to be therefore rendred or yielded unto the said R S. his c. or any of them And the said R. S. doth by these presents further covenants promise and grant to and with the said R. E. his c. That neither the said W. S. in his life-time nor the said R. S. sithence the time of his decease nor either of them heretofore have not received released or discharged nor that the said R. S. his c. shall or will receive release or discharge all or any the said Debts Duties Summe or Sums of Money or Demands in the said Schedule c. contained and expressed and allotted to the said R. E. for his part of the premises as aforesaid without the consent of the said R. E. his c. therennto first had and obtained in writing under his or their hands Nor otherwise voluntarily or willingly discharge hinder or delay any Action Suit or Plaint whatsoever which the said R. E. his c. shall at any time hereafter commence c. for recovery or obtaining of all or any the said Debts c. in the said Schedule c. mentioned and whereas the Debt-Books and other Books Bills Bonds Obligations and Specialties wherein the Debts Duties and Demands before mentioned and wherein and whereby any Wares or Merchandizes were sold or delivered to the persons in the said Schedule named are contained or expressed are now in the hands and possession of the said R. S. therefore the said R. S. doth covenant for him his c. to deliver the same to the said R. E. his c. upon demand and shall and will likewise upon the like request at the place aforesaid produce and shew forth to the said R. E. the said Book called the Debt-Book and all other Books Scores and Writings which remain in the hands possession or custody of the said R. S. wherein the said Debts Duties or Demands or any of them contained in the said Schedule c. are mentioned or expressed or whereby or wherein any Wares or Merchandizes touching or concerning the same were sold or delivered to any the persons in the said Schedule c. whereby the said R. E. may have and take the view benefit and use thereof to be shewed or produced forth in any Court or Courts of Record or else-where for the declaring proving or recovering of all or any the said Debts in the said Schedule c. or other occasions whatsoever without any let c. In witness c. A Conveyance from J. T. and El. his Wife being Tenant in tayle to R. H. and El. his Wife and the Heirs and Assigns of R. H. for ever THis Indenture c. between J. T. of c. Gent. and Elinor his wife Cousin and next Heir of T. L. late of the City of c. Gent. deceased without Issue of his Body that is to say the only Daughter and Heir of W. L. Gent. elder Brother and Heir of the said T. L. of the one part and R. H. of c. and El. his
wife of the other part witnesseth That they the said J. T. and El. his wife as well for and in consideration of the sum of 210 l. of c. by the said R. H. unto them the said J. T. and El. his wife at the ensealing and delivery of these presents well and truly in hand paid the receipt whereof they the said J. T. and El. his wife do hereby acknowledge and thereof and of every part and parcel thereof do fully clearly and absolutely acquit exonerate and discharge the said R. H. his Heirs Executors and Administrators and every of them by these presents have granted aliened bargained sold and confirmed and by these presents c. unto the said R. H. and El. his wife all that one Messuage or Tenement c. together also with all and singular the Rooms Cellars Sollers Halls Parlours Chambers Houses Housings Vaults Pavements Courts Yards Easements and other Hereditaments Emoluments and Appurtenances whatsoever unto the said Messuage or Tenement and Premises or any of them appurtenant belonging or appertaining orâhad used demised occupied or enjoyed as part parcel or member thereof or as thereunto or to any part thereof belonging or appertaining and the reversion and reversions remainder and remainders of them and every of them and also they the said J. T. and El. his wife for the consideration aforesaid have granted bargained and sold and by c. unto the said R. H. his Heirs and Assigns all and singular Letters-Patents Exemplifications of Fines and Recoveries Chirographies of Fines Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever concerning only the premises hereby mentioned to be bargained and sold or only any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or to the use of the said El. his wife and which he may have obtain or come by without suit in the Law and also true Copies of all such other Letters-Patents exemplifications of Fines and Recoveries Chirographies of Fine Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever amongst other things concerning the premises or any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or which he may have obtain or come by without suit in the Law all and singular which said Letters-Patents Exemplifications Chirographies Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments so hereby bargained and sold by the said J. T. he the said J. T. doth hereby grant and agree to deliver or cause to be delivered to the said R. H. his Heirs or Assigns on this side the Feast of the Annunciation of the blessed Virgin Mary now next coming safe uncancelled and undefaced as now the same are together with the said Copies the writings of the said Copies to be paid for by the said R. H. to the receipt of the said Copies To have and to hold the said Messnage or Tenement and Backside and all and singular other the premises hereby mentioned to be bargained and sold and every of them with their and every of their appurtenances and the Reversions and Remainders of them and every of them unto the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. to the only proper use and behoof of the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. for ever without any Mortgage Condition redemption use or limitation to recal alter charge or determine the same to be holden of the chief Lord or Lords of the Fee or Fees whereof the premises have been holden by the Rents and Services therefore due and of right accustomed And the said J. T. for himself his Heirs Executors and Administâators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that she the said El. his wife is seized of the reversion of the said bargained premises of an Estate to her and the Heirs of her Body lawfully begotten immediately expectant upon an estate for the life of Hellen Cl. now wife of Leo Cl. of c. Gent. with further remainder or reversion immediately expectant upon the said Estate-tail to the right Heirs of the said El. for ever without any reversion or remainder of the same or of any part thereof in our Soveraign Lord the King or otherwise of the full absolute reversion in Fee-simple expectant upon the said Estate for life of the said Hellen And the said J. T. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that they the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. and every of them shall and may from time to time and at all times hereafter for ever after the decease of the said Hellen peaceably and quietly have hold occupy possess and enjoy the said Messuage or Tenement Backside and Premises without the let interruption trouble expulsion or eviction of the said J. T. and El. his wife or either of them or of their or either of their Heirs of their or either of their Bodies begotten or to be begotten or any other Heir or Heirs of them or either of them or of any heir or heirs of T. L. Gent. deceased and without any lawful let trouble interruption expulsion or eviction of any other person or persons whatsoever now having or lawfully claiming to have or which hereafter may have or lawfully claim to have any manner of estate right title interest thing or demand of in to or out of the said bargained premises or any of them by for from or under them or any of them or by from or under the said Hellen or by their or any of their means consent or procurement except such person and persons which may lawfully claim under the Leases and Estates herein after excepted and freed and discharged or otherwise within convenient time after reasonable request well and sufficiently saved and kept harmless and indempnified by the said J. T. his Heirs Executors and Administrators or some or one of them of and from a land all manner of former and other Bargains Sales Gifts Grants Alienations Estates Leases Joyntures Dowers Uses Wills Entails Rents Charges Rents-seck and arrerages of all manner of Rents Statutes-Merchant and of the Staple recognizances Judgments Executions Fines Post-sines and of and from all other Titles Troubles Charges and Incumbâaâces whatsoever heretofore had made done committed omited or wittingly or willingly suffered or procured or hereafter to be had made done committed wittingly or willingly suffered or procured by the said I. T. and El. T. L. and H. or either
said R. F. doth by these presents acknowledge the receipt and whereof c. He the said R. F. and the said G. G. and E. Ar. at his request and nomination have and every of them hath by and with the consent and direction of the said R. B. granted bargained sold aliened and confirmed and by c. unto the said W. F. and T. Y. all that great Messuage c. together with all Houses Buildings c. and the Rents Services Reversions and Remainders thereof and also all the estate right title interest challenge claim and demand whatsoever of them the said R. E. G. G. and E. Ar. and every or any of them of in and to the laid granted Tenement c. and also all Deeds Evidences Charters Writings Escripts and Minuments whatsoever which do touch or concern the said granted premises or any part thereof To have and to hold the said Messuage or Tenement Garden and Premises before hereby granted or conveyed or mentioned or intended to be hereby granted and conveyed and every part and parcel thereof with the appurtenances unto the said W. F. and T. Y. their Heirs and Assigns to the only uses intents and purposes hereafter in these presents limited expressed and declared that is to say to the use of them the said W. F. and T. Y. and of their heirs until a good and perfect common recovery shall be in due form of Law at the costs and charges of the said R. B. or his heirs had and executed of and for the said hereby granted or intended to be granted Messuage Tenement and Premises against them the said W. F. and T. Y. before the Justices of the Court of Common-Pleas at Westminister according to the usual course of common Recoveries in the same Court used for assurance of Lands and Tenements in which recovery the said I. P. and H. B. shall be demandants and recoverers and the said R. F. shall be vouched to warrant so as such recovery so to be had be had and executed before the end of the term of St. Hillary next ensuing the date hereof and from and after the full execution of the said recovery in case the same shall be had and executed before the end of the same term of St. Hillary the said recoveries intended shall stand seized or in case the said recovery intended to be had shall not be had and executed by the time aforesaid then from and after the end of the same Term of St. Hillary to the use of the said R. B. and of his Heirs and Assigns for evermore and to and for none other use intent or purpose to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the rents and services therefore due and of right accustomed and the said R. F. for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said R. B. his Heirs and Assigns by these presents that for and notwithstanding any act matter or thing had made or done to the contrary by him and the said E. F. his Father deceased or either of them except as herein after is excepted the said R. F. G. G. and E. A. or some of them are or one of them is at the ensealing and delivery hereof the true and lawful Owners or Owner of the said granted or intended to be granted premises and every part and parcel thereof and of and in the same and every part and parcel thereof lawfully and rightfully seized of a good sure sufficient and absolute Estate of Inheritance in Fee-simple in his or their own right and to the only use of them or some or one of them his or theirs by good assurance right or title in the Law indefeazible without any reversion remainder or further interest in the Common-wealth or any other person or persons whatsoever and also that notwithstanding as aforesaid except as herein after is excepted the said R. F. G. G. and E. A. or some or one of them have or hath at the time of the ensealing and delivery hereof full power good right and lawful authority to grant convey and assure the said granted or intended to be granted premises and every part and parcel thereof in manner and form aforesaid and according to the true intent and meaning thereof and further also that the said granted Messuage Tenement and Premises and every part thereof with their appurtenances now be and are and so from time to time and at all times hereafter shall or may be remain and continue to the uses intents and purposes aforesaid in manner and form aforesaid and according to the true intent and meaning of these presents clearly acquitted freed and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Intails Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed omitted or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said R. F. and the said E. F. his Father or either of them except an Estate assured to and upon E. H. widow late wife of the said E. F. by him the said E. for the term of the life of the said E. of the premises hereby conveyed or intended to be conveyed which is intended to be surrendred for the better execution of the said intended recovery and also except a Bargain and Sale lately made by the said R. F. G. G. and E. A. to the said W. F. and T. Y. of the same premises to hold from December 20. last past for the term of one whole year which Bargain and Sale was intended and made for the better execution of these presents and the said R. F. for himself his Heirs Executors and Administrators doth further covenant promise and grant to and with the said R. B. his Heirs and Assigns by these presents that he the said R. B. his Heirs and Assigns shall or lawfully may from time to time and at all times hereafter for ever according to the true intent and meaning of these presents peaceably and quietly enter into have hold and enjoy the said granted Messuage Tenement Garden and Premises and every part and parcel thereof with the appurtenances without any let interruption challenge claim disturbance eviction ejection molestation hinderance or denial of or by the said R. F. or of or by any other person or persons whatsoever having or claiming or pretending to have any lawful estate right title or interest in or to the premises or any part thereof from by or under him or his said Father deceased except the said El. F. and such as shall or may claim for by from or under and only for by from or under the
warranty the common Vouchee who shall appear in person at the Bar of the said Court of Common-Pleas and after declaration against him shall make defence and enter into the warranty and afterwards make default whereupon several judgments shall or may be had that so a good and perfect common recovery with double voucher according to the course of common recoveries in the said Court of Common-Pleas used may be had and executed of the premises And this Indenture further witnesseth and it is the true intent and meaning of these presents and of all the parties to the same that the said recovery so or in any other manner to be had or executed and the whole execution of the fine and recovery of the said Capital Messuages and Premises to be had or executed as aforesaid shall be and enure and shall be deemed adjudged construed and taken to be and enure to and for the only proper use and behoof of the said T. S. and of his Heirs and Assigns for ever and to none other use intent or purpose whatsoever And the said John V. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said T. S. his Heirs and Assigns by these presents that saving and excepting the terms and estates herein after excepted he the said J. V. and Mary his wife at the time of the ensealing and delivery hereof are and so until the Fine aforesaid by them to be levied as aforesaid shall be fully executed as aforesaid shall be seized in the right of the said Mary of a good Estate of Free-hold for the life of the said Mary of and in the Capital Messuage Mansion-house and premises before mentioned to be setled and assured to or upon the said T. S. or his Heirs aforesaid and that the said J. V. and Mary his wife now have and until as aforesaid shall have full power good right and lawful authority to convey and assure the premises to the said T. S. and his Heirs for the life of the said Mary according to the true intent and meaning of these presents and also that the said Capital Messuage or Mansion-house and Premises before mentioned or intended to be hereby setled or assured as aforesaid and every part and parcel thereof with the appurtenances now be and are and so from time to time and at all times for ever shall or may be remain and continue unto the said T. S. his Heirs and Assigns according to the limitation aforesaid and according to the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by the said J. V. his Executors or Administrators well and sufficiently saved and kept harmless of and from all former and other Grants Leases Mortgages Estates Acts Titles Charges Troubles and Incumbrances whatsoever had made or done or to be had made done or committed by him the said John V. and Mary his wife or either of them except and foreprized one Lease of Indenture bearing date c. made and granted by the said John V. and Mary his wife and T. M. party to these presents of certain parts of the said Capital Messuage then c. for the term of one and thirty years from the Feast of the Birth of our Lord God then last past upon which is reserved the yearly rent of 30 l. and 10 s. and also excepted and foreprized such term and interest as Tho. A. hath in the other parts of the said Capital Messuage by vertue of a Lease heretofore made to Simon L. Mercer deceased for certain years yet to come under the yearly rent of 44 l. and 10 shillings which said several yearly rents from henceforth for and during the rest and residue to come of the respective terms before mentioned to grow due and payable it is concluded and agreed by and between the said Parties to these presents and every of them and declared to be their true intent and meaning shall continue and be due and payable and ought to be paid to the said T. S. his Heirs or Assigns and the said J. V. for himself his Heirs Executors and Administrators doth further covenant and grant to and with the said T. S. his Heirs and Assigns by these presents that he the said T. S. his Heirs and Assings shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold and enjoy all and singular the Capital Messuage Mansion-house and Premises before mentioned or intended to be hereby setled or assured and every part and parcel thereof with their and every of their rights members and appurtenances without any let interruption disturbance or incumbrance of or by them the said J. V. and Mary his wife or either of them or of or by any other person or persons lawfully claiming or to claim or having right or title from by or under them or either of them their or either of their act right title or estate except such as shall or may claim by or under the Leases before excepted or either of them and for the terms or interest in or by the same Leases granted only and also that he the said J. V. and Mary his wife and either of them shall and will from time to time upon the reasonable request and at the costs and charges in the Law of the said T. S. his Heirs and Assigns make do suffer execute and acknowledge all and every such further and other lawful and reasonable acts things and assurances in the Law containing or implying no further or more general warranty or acquittal than only against them the said J. V. and M. his wife and either of them for the better assuring and sure-making of the said Premises to the said T. S. his Heirs and Assigns as by him or them or by his or their Council learned in the Law shall be in that behalf reasonably devised advised or required and so as for the doing thereof neither the said J. V. or Mary be compelled to travel above Ten Miles from the place of his or her respective dwelling or abode at the time of such request to be made And the said T. M. party to these presents for himself his Heirs Executors and Administrators and every of them doth covenant and grant to and with the said T. S. his Heirs and Assigns by these presents that saving and excepting the terms and interests herein before excepted he the said T. M. at the time of the ensealing and delivery hereof is seized of a good perfect and absolute Estate of Inheritance in Fee-simple of and in the said Capital Messuage Mansion-house and Premises before mentioned or intended to be setled or assured and until c. shall be setled and assured to and on the said T. S. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents shall be seized of all and singular the same Capital Messuage Mansion-house
and Premises with the appurtenances of a good lawful and sufficient Estate of Inheritance in Fee-tail expectant upon the death of the said Mary Vaughan and at the time of the ensealing and delivery hereof hath and until as aforesaid shall have full power good right and lawful authority to convey settle and assure the premises to and upon the said T. S. his Heirs and Assigns for ever in form aforesaid according to the true intent and meaning of these presents and also that all and singular the said Capital Messuage or Mansion-house and other the premises before herein mentioned or intended to be conveyed setled or assured as aforesaid and every part and parcel thereof with the appurtenances now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the said T. S. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by him the said T. M. party to these presents his Heirs Executors or Administrators well and sufficiently saved and kept harmless of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Estates Joyntures Dowers Wills Covenants Entails Statute-Merchant and of the Staple Recognizances Judgments Executions Extents Debts to the Common-wealth Debts of Record and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed or suffered to be done by them the said T. M. and the said E. M. his Father and T. M. his Grandfather or any of them or by any other person or persons whatsoever the said Leases therein before mentioned to be excepted and either of them and the said Estate for life of the said M. V. and the Fee-farm rent of 16 sh issuing or yearly due and payable out of or for the said premises to the Mayor and Commonalty of the said City of B. only excepted and fore-prized and the said T. M. for himself his Heirs Executors and Administrators doth further covenant and grant to and with the said T. S. his Heirs and Assigns by these presents that he the said T. S. his Heirs and Assigns and his and their Farmers and Tenants shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold use occupy possess and enjoy all and singular the said Capital Messuage Mansion-house and Premises before mentioned or intended to be conveyed setled or assured and every part and parcel hereof with the appurtenances and take receive and enjoy the Rents Issues and Profits thereof to his and their own use without any let interruption disturbance or incumbrance of or by him the said T. M. or his Heirs or of or by any other person or persons whatsoever claiming or to claim or having or pretending to have any lawful Estate Right Title interest or thing of in to or out of the premises or any part thereof except such as shall or may claim for by or under the Leases Estates and Rents before herein excepted or any of them And further that he the said T. M. and his Heirs and all and every other person and persons that shall or may claim from by or under him shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said T. S. his Heirs or Assigns make do suffer execute and acknowledge or cause to be made done suffered executed and acknowledged all and every such further and other reasonable and lawful acts things and assurances in the Law whatsoever for the further and better assuring sure-making setling and conveying to the said T. S. his Heirs and Assigns of all and singular the said Capital Messuage or Mansion-house and Premises before hereby mentioned or intended to be hereby setled conveyed or assured and every part and parcel thereof by such wayes and means in the Law as by him the said T. S. his Heirs or Assigns or by his or their Council learned in the Law shall be in that behalf reasonably devised or advised and required so as for the doing thereof the said T. M. and such others as are or ought to make such further assurance by force of these Covenants be not compelled or compellable to travel above Fifty Miles from the place of his or their respective dwelling or abode at the time of such request to be made and it is declared to be the true intent and meaning of these presents and of all the Parties to the same that all Fines Feoffments Recoveries Conveyances and Assurances at any time hereafter to be had levied suffered executed or acknowledged by or between the said Parties hereunto or any of them or any other person or persons whatsoever of the said Capital Messuage or Mansion-house and Premises before mentioned or any part thereof either alone by it self or together with any other Lands Tenements or Hereditaments shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said T. S. and of his Heirs and Assigns for ever and to none other use intent or purpose and the said J. V. and Mary his wife and J. M. party to these presents for the considerations aforesaid have granted bargained and sold and by these presents do grant bargain and sell to the said T. S. and his Heirs all and every the Deeds Charters Evidences Writings Counterparts of Leases Escripts and Minuments which do touch or concern the said Messuage and Tenement or any part or parts thereof all which or as many of them as now are or be in the hands or possession of the said J. V. and M. his wife or either of them or any other person or persons to his her or their own use or by his or her delivery or in the hands or possession of the said T. M. party to these presents or of any other person or persons to his or by his delivery the said J. V. for himself his Executors and Administrators respectively and the said T. M. for him his Heirs Executors and Administrators do severally and respectively covenant and agree to deliver or cause to be delivered uncancelled and undefaced or in as good condition and plight as now the same are unto the said T. S. his Heirs or Assigns before the Feast-day of the Birth of our Lord God next ensuing the date hereof In witness whereof all the said Parties to every part of this Indenture Quadripartite have put their Hands and Seals c. William King being seized of Lands and c. in Fee-tail with remainders dieth having Issue three Daughters who as Co-heirs enter Now S. N. and Hest his Wife one of the Co-heirs for the better
presents remise release and quit-claim all Errors Writ and Writs of Error cause and causes of Error Misprisions and Mis-entries and Demands which they the said S. H. or either of them their or either of their heirs have or hereafter may or ought to have for or by reason of any Errors Imprision Mis-entry Erroneous obtaining or prosecution of the said Writ of Entry and Judgments aforesaid or any of them or other matter or thing whatsoever in or about or any way touching or concerning the said recovery or any the proceeding or prosecution thereof And the said S. N. for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said J. F. his Heirs and Assigns and to and with every of them by these presents that he the said S. N. and H. his Wife at the time of the ensealing and delivery of the said recited Deed made to the said T. Y. and before mentioned to be enrolled as aforesaid were lawfully and rightfully seized in the right of the said H. of and in one full third part the whole in three equal parts to be divided of all and singular the Tenement Lands and Premises before herein mentioned in Fee-simple or Fee-tail and at the time of the ensealing the said Deed as aforesaid had full power good right and lawful authority to grant convey settle and assure the said third part in manner and form aforesaid according to the true intent and meaning of these presents and also that the said third part of the said Tenement Land and Premises before herein mentioned or intended to be conveyed setled or assured to the said J. F. as aforesaid now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the said J. F. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by them the said S. N. and Hester their Executors or Administrators well and sufficiently saved and kept harmless of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Estates Joyntures Dowers Wills Covenants Entails Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Debts to the Common-wealth Sequestrations Debts of Record Fines Issues Amerciaments and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed or suffered to be done by the said S. N. and Hester William King the younger and William King the elder Father and Grand-father of the said H. K. or any of them or by any other person or persons whatsoever claiming or to claim from by or under them or any of them and the said S. N. for himself his Heirs Executors and Administrators and every of them doth further covenant promise and grant to and with the said I. F. his Heirs and Assigns and every of them by these presents that he said I. F. his Heirs and Assigns and his and their Farmers and Tenants shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold use occupy possess and enjoy one whole third part of all and singular the Tenements Lands and Premises before mentioned and take receive and enjoy the Rents Issues and Profits thereof to his and their own use without any let interruption challenge claim disturbance or incumbrance of or by them the said S. N. and Hester or either of them their or either of their Heirs c. or of or by any other person or persons whatsoever lawfully claiming or having or pretending to have any lawful estate right title interest or thing of in to or out of the said granted third part from by or under the said Hester and he the said Father and Grand-father or any of them And further that the said S. For better assurance N. and Hester his Wise and the Heirs of the said Hester shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said I. F. his Heirs and Assigns make do suffer execute and acknowledge or cause to be made done suffered executed and acknowledged all and every such reasonable and lawful acts thing and assurances in the Law whatsoever for the further and better setling assuring sure-making and conveying to the said J. F. his Heirs and Assigns for ever according to the true intent and meaning of these presents the said third part before hereby mentioned or intended to be conveyed and assured of and in the Tenements Lands and Premises aforesaid by such wayes and means in the Law as by him the said J. F. his Heirs or Assigns or by his or their Council learned in the Law shall be in that behalf reasonably devised or advised and required for the making whereof the said S. N. or Hester shall not be compelled to travel above twenty miles from the place of his her or their dwelling or abode at the time of such request to be made nor to enter into any further or more general warranty or acquital than is herein comprized and the said S. N. and H. his wife for the considerations aforesaid have granted bargained and sold and by c. to the said J. F. his Heirs and Assigns all Deeds Charters Writings and Evidences which do touch or concern the premises aforesaid or any part thereof and all the Right Title and Demand of them the said S. and H. of in and to all and every or any the same Deeds Evidences and Writings In witness whereof all the said Parties have to each part of this Indenture Tripartite c. W. B. being possessed of Lands c. for a term of years the Inheritance of which Lands in Fee-simple were conveyed to R. R. and W. B. in trust to be disposed of as W. B. and his wife shall appoint contracts with W. for sale the assurance advised thus That for keeping on foot the term and preventing Incumbrances the term should be granted to W. D. himself and the Inheritance to W. D. his Son the Inheritance is conveyed to the Son as followeth THis Indenture c. between W. B. of c. R. R. and W.K. of c. of the one part and W. D. and W. D. of c. witnesseth That for and in consideration of the sum of c. to the said W. B. by the said W. D. the elder before the ensealing hereof paid as well for certain terms and interests by the said W. B. to him the said W. D. already made and granted of the parcels of Land herein after granted as for the Inheritance thereof hereby intended to be granted and conveyed the said R. R. and W. K. at the
request of the said W. B. and by the appointment and with the atturnment of the said W. D. the elder have and either of them hath granted bargained sold aliened and confirmed and by c. to the said W. D. the Son and his Heirs all that Messuage Tenement c. and all Rents Reversions Remainders and Services of the said premises and all their and either of their Right Title Interest Challenge Claim and Demand whatsoever of in and to the same premises to have hold and enjoy the said c. unto the said W. D. the Son his Heirs and Assigns for ever to his and their own use for evermore to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the Rent and Services therefore due and of right accustomed and it is concluded and agreed by and between the said Parties that neither these presents nor any thing therein contained shall extend to be construed to extend to bind or charge the said R. R. and W. K. or either of them their or either of their Heirs touching the premises otherwise than against his and their own acts respectively In witness whereof c. Note That in respect of the Atturnment of Tenant the Estate of Inheritance passeth legally without Livery B. M. being seized of Lands jure uxoris she being a Co-heir purchaseth of J. B. to whom the Estates of the other Co-heirs is come all the Lands the Conveyance is by recovery concluded to be suffered by J. B. THis Indenture c. Between J. B. of c. Son and Heir of William Beaumont late of c. deceased and M. his Wife one of the Daughters and Co-heirs of D. S. Gent. deceased of the one part and B. M. of c. William H. J. H. of c. and Rich. C. of c. of the other part witnesseth That the said John Beaumont for and in consideration of the sum of 200 l. of c. to him by the said B. M. before c. whereof c. hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all that toft and eight acres of Land by estimation be they more or less called c. and also Common Pasture for six young Beasts and one House with the appurtenances in Wickware Heath all which premises are scituate c. and now are in the tenure holding or occupation of the said B. M. in the right of E. his Wife the Daughter of R. W. deceased for term of her life and which said premises late were the Inheritance of the said D. S. and by and after his death descended and came to his three Daughters viz. the said M. E. the Wife of R. C. and B. the Wife of J. M. the parts and portions of which E. C. and B. he the said W. B. purchased and dyed thereof seized And also the said J. B. for the Confiderations aforesaid hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all other the Messuages Lands Tenements and Hereditaments of him the said J. B. within the Parish of W. aforesaid and all Rents Reversions and Services of the premises and every part thereof as by such wayes and means as by him the said B. M. or his Council learned in the Law shall be in that behalf reasonably devised and required and this present Indenture further witnesseth That the said I. B. doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said B. M. his Executors and Administrators and Assigns by these presents that he the said I. B. shall and will before the end of Easter Term now next ensuing by Deed indented and enrolled in the High Court of Chancery bargain and sell to the said W. H. and I. H. and their Heirs all the said toft and premises To have and to hold to the said W. H. and I. H. and their Heirs during the natural life of the said I. B. to the intent and purpose to make them Tenants of the Free-hold of the premises and that a Writ of Entry sur disseisin en le post shall be brought and prosecuted by the same R. C. against the said W. H. and I. H. whereby he shall demand the said premises by some fit or apt names against them the said W.H. and I.H. who shall appear in person and vouch to warranty the said J. B. who shall likewise appear in person and vouch over to warranty the common Vouchee who shall likewise appear in person and enter into the warranty and afterwards make default and depart in contempt of the Court whereby several Judgments shall be had viz. for the said R. C. to recover the premises against the said W. H. and I. H. and for them to recover in value against the said I. B. and for the said I. B. to recover over in value against the said common Vouchee which said recovery so or in any other manner to be had and executed and all Fines Feoffments and other Assurances at any time hereafter to be had or executed of the premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said B. M. and of his Heirs and Assigns for ever and the said I. P. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said I. B. at the time of the ensealing and delivery thereof is and until the said premises shall be fully and perfectly conveyed and assured to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these presents shall be the true and lawful Owner of the said premises and every part thereof and of and in the same and every part thereof lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple in his own right and to the only use of him and his Heirs by good sure sufficient and absolute conveyance assurance and title in the Law indeseazible and also that he the said I. B. at the time of the ensealing and delivery hereof hath and until the said premises shall be assured as aforesaid shall have full power good right and lawful authority to bargain sell convey and assure the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these premises and also that the said premises and every part thereof now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue to the said B. M. his Heirs and Assigns clearly acquitted and discharged or otherwise by him the said I. B. his Heirs and Assigns well and sufficiently saved and kept harmless of and from all and all
manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Statutes Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of Rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said J. B. or by the said W. B. or by any other person or persons whatsoever except the Estate of the said E. M. for her life and except the Rents and Services from henceforth to be due payable to the Chief Lord or Lords of the Fee or Fees of the premises and also the said I. B. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said B. M. his Heirs or Assigns shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly have hold and enjoy the said premises and every part thereof without any let interruption challenge claim disturbance or incumbrance of or by him the said I. B. or his Heirs and without any lawful let interruption challenge claim disturbance or incumbrance of or by any other person or persons except such as shall or may claim by or under the right or title of the said E. M. or for the Rents and Services aforesaid And further that he the said I. B. and his Heirs and every other person or persons lawfully claiming or to claim any manner of lawful estate right title or interest in or to the premises except before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said B. M. his Heirs or Assigns make do and execute all and every such further acts and things for the further and better assuring of the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever as by him the said B. M. his Heirs or Assigns or by his or their Council c. so as for the doing thereof c. a Bargain and Sale of Deeds c. In witness c. Note B. M. demised the Lands to A. and B. Habend forty years if the Coverture between him and E. his wife so long continue on trust to suffer him to enjoy and make such Grants as he shall appoint Nota. B. M. surrendereth to I. B. the premises Habend to him and his Heirs provided if I. B. or his Assigns pay not 200 l. before Midsummer next c. to be void B. M. to enjoy the premises in the mean time P. H. purchaseth Lands of W. H. Uxor other Lands he holds in Right of I. his wife to whom the same were devised by R. I. her Brother in Fee-simple the Brother and Heir of the Devisor intendeth to settle other Lands which came to him by Descent on the said P. and I. in tail Now for the setling as well the Lands purchased of H. as all the rest a Fine is levied by W. H. Uxor I. I. Heir to the Devisor Uxor and the said P. Uxor and T. P. and I. C. The uses whereof are declared by the Deed following THis Indenture Tripartite c. between W. H. of c. and M. his Wife T. I. of c. Brother and Heir of R. I. late of c. deceased who was Son and Heir of I. I. late of c. deceased begotten on the Body of I. his Wife Daughter of T. P. of c. deceased and A. the Wife of the said T. I. of the first part P. H. and I. his Wife of the second part and T. P. and I. C. of c. of the third part witnesseth That whereas the said W. H. by his Deed indented bearing date April 18. in the sixteenth year of c. for the consideration therein expressed did grant bargain sell and convey to the said P. H. his Heirs and Assigns for ever two several Messuages or Tenements with the Garden and appurtenances thereunto belonging scituate and being c. and then and yet in the several holding of c. and also three several holdings of c. and also three several Messuages or Tenements with a Garden or Out-ground on the back part thereof and to the same three Tenements or some of them belonging or appertaining scituate and being c. and then and yet in the several Tenures or Occupation of c. as in and by the same Deed indented more at large appeareth and whereas also the said R. I. being in his life-time lawfully seized in Fee-tail of and in all the Messuages Lands Tenements and Hereditaments hereafter mentioned that is to say all that great Messuage or Tenement wherein c. scituate and being c. and also two other Messuages or Tenements c. and also three Gardens c. and in his life-time viz. in the Term of Easter in the sixteenth year of c. acknowledge and levy to the said P. H. and T. P. one Fine sur conuzance de droit come ceo c. which was sued out with Proclamation according to the form of the Statute in that case made and provided before the then Justices of the Court of Common-Pleas at Westminster of all the said Messuage Lands Tenements and Premises by the names of nine Messuages and four Gardens with the appurtenances in c. as by the said Fine remaining of Record in the said Court more at large may appear Which said Fine was levyed to the intent and purpose to make the said R. I. Tenant of all the said premises in Fee-simple as by Indentures to that purpose made bearing date April 20. in the said sixteenth year of c. made between the said R. I. of the one part and the said T. P. and P. H. of the other part more at large it doth and may appear and whereas the said R. I. after the levying of the said Fine that is to say April 25. in the seventeenth year c. by the last Will and Testament in writing bearing date the day and year last mentioned did give and devise in these words viz. I give and bequeath all that Tenement c. unto Joan H. my Sister Wife of Peter H. and to her Heirs and Assigns for ever and also in another place of the said Will gave and devised in these words viz. Item I give to my Sister J. H. and to her Heirs and Assigns for ever my House Lodge and Orchard with the appurtenances lying and being c. as by the said Will and Testament may appear and whereas the said Richard Joanes afterwards died leaving all the residue of the said Messuages Lands Tenements and Premises to descend and come to the said T. I. as Brother and Heir of the said R. I. witnesseth now
persons except such Goods Chattels Money and Plate now in the possession and custody of the said T. T. of the said Testators which is or are to be administred as shall be thought good by the said R. B. And further if the said T. T. his Heirs or Executors do not discharge any debts of the said Testators without the consent of the said R. B. his Executors or Administrators nor any Action which the said R. B. or his Executors shall justly attempt and bring against any person or persons to or for the recovery of any of the Debts Goods and Chattels of the said Testator that then c. or else c. A Condition not to do any act as Executors without consent of his Co-Executor THe Condition c. That whereas one C. B. late of N. deceased by her Testament and last Will named ordained and constituted the within-bound M. B. and the within-named N. J. to be Executors of the same her Testament and last Will as by the same last Will and Testament among other things appeareth if therefore the said M. B. shall not at any time hereafter make or cause to be made any release acquittance or other discharge to any person or persons for or concerning any of the debts goods or chattels which were the said C. B. the day of her decease nor shall do or suffer or cause to be done or suffered any other act or acts thing or things in or about the Execution of the said Testament and last Will of the said C. without the consent assent and agreement of the said N. I. that then c. A Condition to procure one to seal an acquittance by a day and to save harmless THe Condition c. That whereas the within-named A. B. hath the day of the date within-written paid and delivered to the within-bound C. D. for and to the use of L. O. now Resident in France in the parts beyond the Seas the sum of c. if therefore the said C. D. his Executors or Administrators shall and do before the c. cause and procure the said J. O. to seal and deliver as his Deed to the use of the said A. B. his Executors and Administrators in the presence of two or three sufficient and credible witnesses a sufficient and lawful acquittance testifying the receipt of the said sum of c. and also if the said C. D. his Executors Administrators or Assigns do deliver or cause to be delivered to the said A. B. his Executors or Administrators at or in the c. the same acquittance sealed and delivered as aforesaid and certified under the hands of the same witnesses whole uncancelled and undesaced at or before c. and also do in the mean time save and keep harmless the said A. B. his Heirs Executors and Administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels and every part thereof against the said L. O. his Executors Administrators and Assigns and every of them of and for the same sum of c. and every part thereof and of and from all Actions Suits Costs Charges Damages and Demands for or concerning the same and every or any part thereof that then c. or else c. A Condition to acknowledge satisfaction of a Judgment THe Condition c. That whereas the within-bound A. B. in M. term now last past hath obtained against the within-named L. O. in the Court commonly called c. a Judgment in an action of debt as by the Records in the said Court remaining c. if therefore the said A. B. do in Easter Term now next ensuing at the costs and charges of the said L. O. cause satisfaction to be acknowledged and entred upon Record in full discharge of the same Judgement that then c. or else c. A Condition to procure two to seal Releases for Legacies and to save harmless THe Condition c. That whereas R. B. late Citizen and Haberdasher of London and Brother to the above bound W. B. in and by his last Will and Testament did give and bequeath unto W. B. and F. B. Sons of the aforesaid W. B. their Father 40 l. a piece Legacies to be paid as in and by the said last Will and Testament of the said R. more at large appeareth And whereas also the above-named M. H. the now husband of R. the late Widow and Executrix of the said R. B. before the ensealing hereof at the earnest request and desire of the said W. B. the Father hath paid unto the said W. to and for the use and behoof of the said W. and F. his Sons the said Legacies of 40 l. a piece in lawful English Money the receipt whereof the said W. B. the Father doth hereby acknowledg and confess If therefore the said W.B. the Father or above-bound T. D. and W.F. or any of them their or any of their Executors Administrators or Assigns within twenty eight dayes next after that the said W. and F. B. Sons of the said W.B. the Father shall severally attain their several ages of 21 years shall give and deliver unto M. H. his Executors Administrators or Assigns good lawful and sufficient Releases or Acquittances under the hands and seals of the said W. and F. the Sons of the said W. of and for the said Legacies of 40 l. or else do in the mean time and also at all times afterwards acquit and discharge or else save and keep harmless and indempnified the said M. H. his Executors and Administrators from and against the said W. and F. B. the Sons of and for the said Legacies and also of and from all actions sutes troubles costs charges and damages that shall be commenced prosecuted or any way happen to or against the said M. H. his Executors Administrators or Assigns for or concerning the said Legacies by the said W. and F. or either of them or any other person for by or under them or either of them that then c. or else c A Condition that a Woman shall release her Dower THe Condition c. That if L.O. of W. Widow late Wife of T.O. of c. do before the c. by her writing under her hand and seal remit release and quit-claim unto the within-named R.O. such estate right title interest claim and demand whatsoever which she the said L.O. hath may might should or of right ought to have in or to all or any part of the Lands Tenements and Hereditaments which were the inheritance of the said T. O. her Husband deceased or any part thereof for or by reason of her Dower or of any Joynture heretofore made or by reason of any other right title or means whatsoever at any time before the date hereof come grown or accrued And also if the said within bound A. B. his executors administrators or assigns do before the c. leave and deliver or cause to be left and delivered to and for
the said R. O. at c. the said Writing or Release sealed and delivered as aforesaid being certified under the hands of two or three sufficient witnesses safe whole uncancelled and undefaced that then c. or else c. A Condition to suffer a mans Wife to make her Will. THe Condition c. That whereas the within-bound A. B. shall shortly by Gods Grace marry and take to Wife C. D. late the Wife of E. F. deceased and by reason and means of the said Marriage he the said A. B. shall be greatly preferred and advanced in substance and riches in consideration whereof if so be that the said A.B. after Marriage had and solemnized between him and the said C. D. do quietly permit and suffer the said C.D. if she fortune to decease before the said A. B. to declare and make her Will in writing or otherwise by word of mouth and in the same to give will and bequeath or otherwise to assign and dispose of at her free will and pleasure to and amongst her kindred friends and acquaintance or to any of them or to any other person or persons as to her shall be thought meet and convenient the sum of c. of c. And further If the said A. B. his Executors Administrators or Assigns or any of them upon reasonable request to him them or any of them to be made by any such person or persons to whom the said C. D. shall so give and bequeath any such sum or sums of Money extending no further than to the said sum or value of c. as is aforesaid do well and truly pay or cause to be paid all and every the said several sum and sums of Money Gifts and Requests so to be given and bequeathed by the said C. D. and in such manner as shall be by her appointed that then c. or else c. A Condition to Marry one by a day or else to pay a sum of Money THe Condition c. That if the within-bound A. B. do on or before the c. of c. lawfully espouse marry and take to Wife one E. K. the daughter of c. if she the said E. will thereunto assent and agree and the Ecclesiastical Laws permit and suffer the same But in case it shall happen the said E. K. and A. B. and either of them to die or decease before such Marriage had and soIemnized as aforesaid then if the said A. B. his Executors Administrators and Assigns do well and truly pay c. to the said E. K. her Executors or Assigns the sum of c. on c. at c. that then c. or else c. A Condition to be a true Prisoner THe Condition c. That if J. H. Merchant of St. Lucus which now is in the prison of the Kingdom of England under keeping of the Sheriff within-written as well by reason of writ of c. of the Statute of the Staple containing the sum of c. as also for other certain Actions Causes and Suits on the behalf of R. S. c. moved and commenced be from henceforth a true and faithful Prisoner tarrying and remaining with the said Sheriff and his Deputies till the same J. H. be fully discharged and acquitted of the said Actions and then content and pay to the said Sheriff c. all and singular costs charges fees and other duties in such cases heretofore accustomed to be paid that then c. or else c. A Condition to save harmless for being bound for the appearance of a man THe Condition c. That whereas the within-named O. P. at the special instance request and desire of the within-bound Sir E. G. by one Obligation bearing the date within-written standeth bound joyntly and severally with the said Sir E. G. and the within-bound A. M. unto R. H. and H. H. Sheriffs of the City of London in the sum of c. of c. with a Condition there-underwritten for the appearance of the said Sir E. G. before the Justices of the Court of Common-Pleas at Westminster on c. next c. to answer to C. G. of a Plea of Trespass as by the same Obligation and Condition thereof more at large appeareth If therefore the said Sir E. G. do according to the tenor and true meaning of the Obligation and condition above-recited appear before the said Justices of the said Court c. on the day in and by the condition of the said Obligation limited and appointed for his appearance to answer unto the said C. G. of a Plea of Trespass And also if the said Sir E. G. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit discharge or save and keep harmless the said G. P. his Heirs c. and his and their Goods and every of them against the said Sheriff of the City of London and against all other persons whatsoever of and for the said Obligation and Condition above-recited and penalty of the said Obligation contained and every part and parcel thereof and of and from all Actions Suits Judgments Executions Condemnations Damages and Demands touching or concerning the same that then c. or else c. A Condition wherein the Factor is truly bound to serve the Merchant and no other THe Condition c. That if the within-bound J. O. do from the day of the date within-written unto the end and term of four years from thence next ensuing and fully to be compleat and ended well truly and faithfully serve the within-named L. S. and his Assigns in the Trade and Traffick of Merchandizes as well in this Realm of England as in any other parts beyond the Seas and also if the said J. O. at all times hereafter and from time to time during the said term of Four years upon the reasonable request of the said L. S. his executors administrators or assigns to be made to the said I. O. do make yield and deliver unto the said L. S. and his assigns as from any other person or persons by his or their assigns notes and rest of all such Sum and Sums of Money as shall appear upon the foot of every such accompt or reckoning as shall be so yielded made and delivered by the said I. O. to the said L. S. his executors administrators or assigns in form aforesaid And further if the said I. O. at any time hereafter during the said term of Four years as the said I. O. shall be Factor Doer or Agent to the said L. S. and his assigns by any manner of wayes or means do not traffique or merchandize or the affairs or businesse of any manner of person or persons whatsoever other than the said L. S. and his assigns without the special licence consent will knowledge and agreement of the said L. S. his executors administrators or assigns thereunto first had and obtained in writing under his and their hand
hereafter and from time to time clearly acquit exonerate and discharge or otherwise well and sufficiently save and keep harmless and indempnified the above-named I. E. his Heirs Executors and Administrators and his and their goods chattels lands tenements and hereditaments and every of them of and from all debts duties bills bonds specialties and demands whatsoever which at any time and times hereafter shall and may be duly and lawfully demanded or recovered of or from the said I. B. his Heirs Executors and Administrators by any person or persons whatsoever for or by reason of any reckoning duty specialty debt or demand whatsoever due owing or payable by the above-named R. T. deceased to any person or persons whatsoever and also of and from all costs charges sutes arrests judgements executions and demands whatsoever which shall or may happen come grow to be unto or against the said I.B. his Executors Administrators or any of them for upon or by reason thereof and also if A. T. daughter of the said E. T. and such persons as she shall intermarry withall within one month next after she the said A. shall be lawfully married or shall accomplish her full Age of Twenty one years which shall first or next happen do and shall make seal and deliver as his her or their act and deed a good sufficient and lawful acquittance discharge and release under his her or their hands and seals unto the said I. B. his Executors and Administrators of for or concerning all sum and sums of money gifts legacies bequeaths and demands whatsoever given and bequeathed unto the said A. in and by the last Will and Testament of the said R. T the same release to be made in such manner and form as by the said I.B. his Executors or Administrators or his or their Councel shall be reasonably devised or required that then c. A Condition from a Goaler to an under-Sheriff for saving harmless THe Condition That if the above-bounden A. B. Deputy-Goaler to T.T. Servant to c. do from time to time receive and take into his ward and custody within the Goal at the Castle of Lancaster in the County of Lancaster aforesaid all such person and persons prisoner and prisoners which shall fortune to be committed or sent to the said Goal or committed to the ward and custody of the said Goaler by the said Sheriff or his Deputy or by any Justice or Justices of Peace or by any other having lawfull authority to commit persons or prisoners to the said Goal and the same person or prisoners so committed as aforesaid do well and truly duly and sufficiently by his own proper person or by his sufficient Deputy or Deputies so keep that the said Sheriff his Heirs and Executors all the Lands Tenements Goods and Chattels of the said Sheriff be saved harmless from all losses penalties amerciaments and damages whatsoever as well against the Commonwealth of England as also against all other person and persons of for and concerning the custody and keeping of the said Geal and prisoners within the said Castle of Lancaster or elsewhere in the said County of c. and likewise do discharge save and keep harmless the said Sheriff his Heirs and Executors and all those his Lands Tenements Goods and Chattels from time to time and at all times hereafter of and from all and every escape and escapes as well of convict persons Reprieves and Felons and of all other persons now committed for any contempts condemnations trespasses or misdemeanors which may happen or chance hereafter to be committed to the said Goal for any the causes aforesaid during the time the said A.B. shall be Deputy or Goaler to the said T. T. and the said T.T. continue Sheriff And likewise that if the said A.B. or any other by his consent privity or appointment in any wise let to bail or mainprize any prisoner or prisoners to him committed as aforesaid not bailable by the Lawes of the Realm without the special commandment or appointment of the aid Sheriff and if the said A. B. or his sufficient Deputy be ready to give his attendance upon the said Sheriff and his Deputy at all times necessary and convenient and all and every lawful thing and things that he shall be required to do by the said Sheriff or his Deputy touching or concerning the c affairs and businesse wherewith the said Sheriff is or shall be charged or imployed in or about the keeping of the said Goal or Prison that then c A Release of Recognizance assigned to one TO all Christian People c. P. V. of London Merchant stranger sendeth greeting in our Lord God everlasting That whereas the Right Honourable W. Earl of Derby Lord Stanley Lord of Man and the Isles T. Ireland of Grayes-Inn in the County of Middlesex Esq H. C. of Knowsley in the County of Lancaster Gent. and H. Adys of Button in the County of Dorset Gent. by other writing of Recognizance or Statute-Staple bearing date the sixth day of July c. taken and acknowledged before Sir J. P. Knight Lord Chief Justice of England stand bound to Peter H. Citizen and Alderman of London in 3200 l. of c. payable as in and by the same Writing of Recognizance or statute more at large doth appear And whereas the said Peter H. by his sufficient Deed or Assignment in writing bearing date the five and twentieth day of c. in the c. did for divers and certain considerations him thereunto especially moving grant assign and set over unto me the said P. Vanloor as well the said Recognizance or Statute and the said debt of 3200 l. and all his said right title and interest which he the said Peter Houghton then had or ought to have had in and to the same to have and to hold the said Recognizance or Statute and the said debt of 3200 l. aforesaid and all his said right title and interest in and to the same unto the said P. V. my executors and assigns as our own proper goods and chattels for ever as by the said Assignment amongst other Covenants and Clauses therein contained more fully at large it doth and may appear Now know ye That I the said P. V. for divers good Causes and Considerations me hereunto especially moving have remised released and quit-claimed and by these presents for me my executors administrators and assigns and every of us do remise release and for ever quit-claim unto the said Henry Adys his Heirs Executors Administrators and Assigns and every of them the Recognizance or Statute aforesaid and the penalty and forseiture thereof and also all and all manner of Actions Arrests Extents Judgements Executions Condemnations Liberates Seizures Debts and demands whatsoever which I the said P. V. or the said P. H. or either of us now have shall may might or ought to have against the said H. Adys his Heirs Executors Administrators and Assigns or any of them or his their or any
of their Lands Tenements Goods or Chattels for or by reason of the said Recognizance or Statute or of the penalty or forfeiture thereof in any wise so that neither I the said P.V. nor the said P. H. our Executors Administrators or Assigns nor any of us any action arrest extent judgment execution condemnation Liberate seizure debt or demand upon the said Recognizance or Statute shall or may from henceforth commence prosecute or pursue against the said Henry Adys his Heirs Executors Administrators or Assigns or any of their Lands Tenements Goods or Chattels but shall be thereof utterly debarred and excluded for ever by these presents In witnesse c. A Letter of Attorney to take possession and to deliver a Lease upon the ground BE it known unto all men by these presents That I W. D. of c. have made ordained constituted and authorized and in my place and stead by these presents have put my well-beloved Friend I. D. of c. my true sufficient and lawful Attorney for me and in my name and to the use and behoof of me the said W. D. my Heirs and Assigns to enter into all the Mannor of c. with all and singulat the appurtenances scituate and being in K. in the County of S. and now or late in the tenure or occupation of I. A. or of his Assigns and peaceable and quiet possession and seizin thereof for me and in my name to take and as my deed deliver unto one E.B. upon the premisses or some part thereof one Indenture bearing date with these presents made by me the said W. D. to the said E.B. mentioning a demise of the premisses for term of c. from the Feast of c. last past then next ensuing and fully to be compleat and ended under the yearly rent of c. unto which said Indenture I have subscribed my name with my own hand and sealed with my seal and delivered the same as my Escrowe unto the said I. D. to be delivered as my Deed upon the premisses or some part thereof after an entry made by him the aid I. D. into the premisses or some part thereof in the name of the whole and all and every other thing requisite and necessary to be done in or concerning the premisses for me and in my name to do as fully and effectually and in as large and ample manner and form to all intents and purposes as I my self might or ought to do if I were then and there personally present And I shall and will ratifie allow and confirm all and whatsoever my said Attorney shall do or cause to be done in or about the premisses by these presents In witness c. A Letter of Attorney to take possession of the Lands and the same Lands to demise survey or sell and to receive c. TO all c. R.E. of c. G.M. of c. and H. L. of c. send greeting Know ye That we the said R.E. G.M. and H.L. for divers good causes and considerations in that behalf moving have made ordained constituted and in our stead and places by these presents have put and authorized our servants R. N. and H. B. Gent. and either of them our true sufficient and lawful Attornies for us and in our names and to the use and behoof of us the said R. E. c. to enter into all those the Mannors of c with their rights members and appurtenances in the County of c. and into the advowsons of or belonging to the same or any of them and into every part and parcel thereof and the said Mannors and every or any of them for us and in our names to survey and we do by these presents give full power authority to the said R.N. H.B. and either of them to be our steward or stewards of the said Mannors and every of them and to keep such Court and Courts of Survey and other Court-Leets and Law-dayes of and upon the same Mannors or any of them as to our said Attorney or either of them or such other as they or either of them shall appoint shal be thought fitting and the same Mannors and every or any of them for us and in our names to bargain sell lease or grant to such person persons and for such estate for life inheritance or otherwise and for such sum and sums of money as our said Attorneys and either of them shall be thought fit requisite to the uttermoit and best commodity and profit of us the said R. E. G. M. and H. L. and the Deed and Deeds of the same grants and estates so to be made for us and in our names to feal and as our Deeds to deliver unto the parties to whom the same shall be so made or to any other to their use or uses and the Counterparts of the same for us and in our name to accept and receive and also all such fines and other sum and sums of money as shall grow due to the same for us and in our names and to the use of the said R. E. G. M. and H. L. to accept receive and take and upon the receipt thereof any acquittances or discharges for us and in our names to make seal and deliver and also for us and in our names and to the use of the said R. E. G. M. and H.L. to collect gather receive and take all such rents duties heriots arrearages of rents and profits of Courts as are already or shall be due or payable for out of or concerning the premisses or any of them giving and granting unto our said Attornies and to either of them our full power or lawful authority in touching and concerning the premisses to do execute proceed and finish in all things in as large and ample manner and form as we the said R. E. W.M. and H.L. or any of us might or ought to do if we or any of us were then present and ratifying and allowing whatsoever our said Attorneys or either of them shall do in the premisses or any of them according to the intents of these presents In witness c. A Letter of Attorney of a Bond for performance of Covenants of an Indenture of Lease TO all c. I J. K. of c. send greeting Whereas I. B. of c. M. A. of c. by their Obligation bearing date the c. are and stand bound unto me the said J. K. in the sumof c. with condition thereupon endorsed for the true performance of the Covenants Rents and payments mentioned and contained in and by one pair of Indentures of Lease bearing date the day of the date of the said Obligation made between the said I.K. of the one part and the said L. B. of the other part as by the same Obligation and Condition may appear Now know ye That I the said J.K. for divers good causes and considerations me hereunto especially moving have given granted assigned and set over and
as of this last M. Term in an action of debt for c at the sute of c. upon an Obligation conditioned for the payment of c. in which said Obligation I stand bound as principal And this shall be your sufficient Warrant in that behalf In witnesse c. A Warrant to acknowledge satisfaction WHereas there is one Judgement depending in the Court of Common-Pleas at Westminster of Trinity Term in the c. against I.F. of c. Esq for 500 l. debt besides the costs of Sute for Sir H.H. Knight as by the Records of the said Court more at large may appear These are therefore to authorize and give full power to you and either of you to acknowledge satisfaction upon the said Judgement and for your so doing this shall be your sufficient warrant irrevocable Witness c. To R. P. and R.S. or any other Atturney of the Court of Common Pleas at Westminster A Condition for the truth of a Merchants Apprentice and that he shall give just accounts or demands and pay what he shall fall short in THe Condition c. That whereas the within-named H.S. at the instance and request of the within-bound Sir S. A. hath accepted and taken T.A. Son of the said S A. to be the Apprentice of him the said H. S. for the term of c. to be commenced from the day of the within-written as in and by the said Indenture c. I therefore the said T.A. his executors and administrators do from time to time hereafter upon every reasonable request in that behalf to him or them to be made by the said H.S. his Executors Administrators Servants Factors or Assigns or any of them yield make and deliver up just and true accompt and accompts and duly discharge him and themselves unto the said H. S. his Executors Administrators or Assigns of for from and concerning all c. such Wares Goods Moneys Merchandizes Specialties Bills of Debt and other things which shall be committed or come to the hands charge possession or disposition of the said T. A. by reason or means of his said Service either in the parts beyond the Seas or on this side And in case it shall happen or fortune that he the said T. A. at any time or times during the said term to imbeazle steal purloin mispend or unlawfully to detain consume or make away any of the Moneys Wares Goods Merchandizes Commodities Specialties Bills of Debt and other things which do or shall belong or appertain to the said H. S. or any his partner or partners his or their or any of their Executors or Administrators or to any other person or persons wherewith he or they or any of them are or shall be in any wise charged or chargeable if then and so often the said Sir H.S. his Heirs Executors Administrators or Assigns or any of them from time to time hereafter alwayes within two moneths next after notice and knowledge in that behalf in writing to him them or any of them to be made or given by the said H.S. his Executors Administrators or Assignes do well and truly make or cause to be made unto the said H. S. his Executors Administrators or Assignes at or in c. sufficient recompence and satisfaction in good and lawfull c. for all such Goods Wares Moneys Merchandizes Specialties Bills of Debts and other things which upon any accompt or otherwise shall truly appear to be found to have been by the said T. A. so imbezelled stoln purloined mis-spent or unlawfully consumed detained or lost as aforesaid And further if the said T. A. do not at any time or times hereafter during the said Term unlawfully depart or absent himself out of or from the Service of the said H S. his Master without his licence and consent in that behalf first had and obtained nor to do at any time or times hereafter merchandize or trade for himself or undertake to do any business or businesses in the Trade or Merchandizing for any person or persons nor accept or pay any Bills of or give Bill or Credit for any person or persons unlesse it be by and with the like consent or licence of the said H. S. his Executors or Administrators in that behalf first had and obtained in writing that then c. A Lease of a Warren of Conies THis Indenture made c. between A. B of c. of the one part and C.D. of c. of the other part witnesseth That the said H. B. for c. hath demised granted and to farm-letten and by these presents doth c. unto the said C. D. his c. in the C. of K. and all the Conies in the said ground being with the encrease gains profit and advantage from time to time arising coming growing and renewing of the said Conies in the said ground being and to the same ground belonging there to hunt hey ferret and pitch Nets or otherwise to use for the most benefit and advantage of the said A.B. and his assigns that he can or may devise in large ample and beneficial manner and form as the said A.B. or any other person or persons heretofore have had held used occupied or enjoyed the same To have and to hold the said ground and game of Conies in the same being and to the same belonging with all the gain profits and advantages to the same belonging and renewing as aforesaid unto the said C.D. his executors and assigns from the c. yielding c. A Covenant on the Tenants part to do reparations on the Warren-house and on the fences ditches hedges and mounds And at the end c. to leave the Berry and Coney-clappers sufficiently covered with thorn and also the same ground and Berry of Conies sufficiently replenished and stored with Conies Covenants for enjoying c. A Licence to Hawk Hunt and Fish TO all Christian People c. I Dame O.S. c. send greeting Know ye That I the said O. Lady S. for divers good causes and considerations me hereunto especially moving have given and granted and by these presents do give and grant unto Sir T.L. of c. Knight and his assigns full free and absolute power liberty license and authority to hawk hunt fish and fowl from time to time and at all times hereafter at the will and pleasure of him the said Sir T. L. and his assigns for and during the natural life of me he said O. Lady S. in upon and within the Mannor or Lordship of M. Super S. in the said County and in and upon all the Lands ând grounds thereof and within the bounds and precincts limits ând circuits of the same in as full free ample and beneficial manner and form as I my self might or could do in all and every respect or degree whatsoever or howsoever and without any manner of let denial or contradiction or interruption of me the said O. Lady S. or of any other person or persons whatsoever in by
Tattersel in the C. of Lincoln Yeoman sendeth greeting Know ye That I the said W. R. for divers good sufficient and reasonable causes and considerations me hereunto moving but especially for and in respect of certain several Sums of money heretofore to me paid by C. H. of T. in the said C. of Lincoln Gentleman have authorized constituted nominated made and ordained and by these presents do authorize constitute nominate make ordain and in my place put in the said C. H. my true faithful lawful undoubted and irrevocable Attorney from henceforth for me and in my name to ask receive gather and take all such Sum and Sums of money as are already due or hereafter shall or may become due unto me the said W. from any person or persons herein hereafter mentioned and expressed as also all such Sum and Summes of money as were due unto E. now my Wife in her Widowhood or hereafter may or shall be due to her by any person or persons whatsoever and herein hereafter mentioned and expressed by vertue of any Bill Bond or any other Writing or wayes whatsoever that is to say to ask gather receive and take of A.B. of C. in the C. of E. Yeoman the Sum of Ten pounds of lawful English Money due unto me by virtue of one Bond or Writing Obligatory from the said A B. to me the said W. R. dated the last day of June last past before the date hereof as in and by the Condition of the said obligation reference being thereunto had more plainly at large it doth and may appear and also Forty shillings of lawful English money from c. Then name every particular Sum and set them down according to their several names sums and dates as they are and insert these Covenants following as in and by the several conditions of the said Bonds whereunto relation being had more plainly and at large it doth and may appear For the recovery of all which said several Sums of money which shall arise or grow due unto me the said W. R. by vertue of any or either of the said Bonds yet in arrear due and unpaid I do by these presents give full power and authority unto the said C. H. for me and in my name and to my use as aforesaid to receive and upon non-payment of them or any of them to bring sue and prosecute for me and in my name all and all manner of Actions whatsoever as well real as personal and the same to prosecute and follow by sute arrest imprisonment judgment condemnation execution or otherwise And one Attorney or more for the doing of the premisses to make and the same at his will and pleasure to revoke and new in his or their place to be put in as large and ample manner as I might do if the same were by me in proper person done commenced sued or taken to the onely benefit and behoof of me the said W. R. allowing to the said C. out of the said Sum or Sums of money so by him received his reasonable lawful and necessary expences and charges laid out or disbursed in hand or otherwise in and about the recovery getting and procuring of the said Sums of Money or any of them with allowance and payment of all such reckonings Sum and Sums of money as are due to him the said C. by me the said W. as shall or may appear upon any reckoning bill bond or otherwise under my hand and seal or by sufficient witness And I do by these presents covenant promise and grant to and with the said C. his Executors c. That I my Heirs and Assigns shall and will at all times hereafter ratifie confirm and allow whatsoever my said Attorney shall do or cause to be done in or about the Premisses In witnesse c. A Copy of a Lease to try a Title THis Indenture made c. between c. witnesseth That the said A.B. for divers good causes and considerations him thereunto especially moving hath demised granted and to farm-letten and by these presents doth demise grant and to farm let unto this said W. M. all that Messuage or Tenement with the appurtenances scituate and being in N. aforesaid and all Houses Edifices c. now or late in the tenure or occupation of C.D. or his assigns To have and to hold the said Messuage or Tenement and Premises with the Appurtenances before by these presents mentioned to be demised c. for 3. years or more c. yielding and paying c. being lawfully demanded Provided alwayes and upon this condition That if the said A. B. his Executors Administrators or Assigns or any of them do well and truly pay or tender or cause to be tendred or paid to the said W. M. his Executors Administrators or Assigns at any time during the continuance of this present Demise the Sum of 12 d. of lawful English money that then and from thenceforth this present Indenture and every article and thing herein contained shall be utterly void and of none effect And that then also and from thenceforth it shall and may be lawful to and for the said A. B. his Executors Administrators and Assigns or any of them into the said Messuage or Tenement and Premisses with the Appurtenances and in every part and parcel thereof to re-enter and the same to have again repossess and enjoy as in his and their former estate any thing in these presents contained to the contrary thereof containing in any wise notwithstanding In witnesse whereof c. A Discharge made to the Sheriff for a Prisoner from him to whom the Prisoner is indebted KNow all men by these presents That I A. B. of C. in the C. of L. have remised released acquitted and discharged and by these presents do for me my Heirs Executors Administrators and Assigns remise release and fully and absolutely acquit and discharge T. J. High-Sheriff of the C. of L. aforesaid and J. B. his Under-Sheriff their Heirs Executors and Administrators of and from all and all manner of escapes as well voluntary as negligent and of and from all Actions cause and causes of Actions for or concerning the enlarging or setting at liberty of the body of J. S. taken at my sute by vertue of a Capias ad Satisfaciendum to the said Sheriff directed of 8 l. debt and 15 s. costs of sute returnable in the Court of Common-Pleas in Hilary Term last past And I the said A. B. do hereby discharge the said Sheriff from all Actions Reckonings Duties and Demands whatsoever concerning the executing of the said capias ad Satisfaciendum In witnesse whereof c. An Indenture of Partition where two have taken a joynt Lease of Messuage and Lands c. THis Indenture made the 5. day of June in the year of our Lord God according to the account used in England One thousand six hundred fifty and one between A. B. of c. of the one part and C.D. of c. of the
interest of him the said W. W. in all the said Messuages and Lands by his death are lawfully descended and come to your Orator as brother and next heir unto the said W. W. so that your Orator in equity ought to have such remedy benefit and advantage against him the said W. C. for all the said Lands c. as the said W. W. might have had at any time in his life-time May it therefore please your good Lordship the Premisses considered That the said Bill Answer Replication Depositions Orders and Certificates and the whole Process and proceedings upon all and every of them may be revived and stand in such state for your Orator against the said W. C. and his Heirs to all intents and purposes as the same were for the said W. W. at the time of the death of him the said W. W. and that your Orator may thereupon have such and as great benefit and advantage against him the said W. C. as your Orators said Brother W.W. might have had at the time of his death and likewise that it may please your good Lordship to grant unto your Orator Process of Subpoena c. The beginning and conclusion of a single Answer THe said Defendant saving and reserving to himself now and at all times hereafter all benefit of exception unto the incertainties insufficiencies and imperfections in the said Bill of Complaint contained for a full plain perfect and direct answer unto all and every the matters allegations and things which are in the said Bill of Complaint contained in any sort or wise material or effectual in the Law for this Defendant to answer unto saith c. The Conclusion Without that that any other matter or thing in the said Bill of Complaint contained material to charge this Defendant withall or effectual by him to be answered unto and not hereby sufficiently answered unto confessed or avoided traversed or denied is true in such sort manner and form as herein before is expressed All which this Defendant doth and will be ready to aver maintain and prove as this Honourable Court shall award and humbly prayes to be hence dismissed with his reasonable costs and charges in this behalf wrongfully sustained A Plea and Demurrer THe said Defendant by protestation not confessing or acknowledging any matter or thing in the said Bill of Complaint contained laid to the charge of this Defendant to be true in such manner and form as is therein set forth Saith That the said Bill doth contain therein against this Defendant as he is by his Council advised many apparent imperfections incertainties and insufficiencies such as do afford unto him just cause and matter of exceptions to plead in Bar of the Plaintiffs further proceedings against him in this Honourable Court thereupon the benefit and advantage of exception whereof this Defendant apprehending accordingly saith first for answer to so much of the said Bill as is material to charge him withall That he believeth it to be true c. Answer what is necessary to be answered to the Plaintiff's Bill And as unto the accompt which the Plaintiff by his said Bill demandeth of this Defendant and to all other the matters of the said Bill not before hereby answered unto he this Defendant for and by way of Demurrer thereunto saith c. And for all these matters causes and reasons before alledged and for divers other apparent incertainties and insufficiencies in the said Bill doth under favour of this Honourable Court demur in Law unto and upon all those points of the said Bill not before answered unto and demandeth judgement of this Honourable Court whether the premisses standing in state as is before alledged he this Defendant shall be compelled to make any other or further answer thereunto and whether the Plaintiff shall be admitted to any relief examination of Witnesses or further proceedings against this Defendant in this Honourable Court thereupon whose judgement therein this Defendant humbly expecteth and most humbly prayeth to be dismissed c. A Certificate for a Forma Pauperis in Chancery To the Right Honourable the Lord Keeper of the Great Seal of England MAy it please your Honour to be advertised by us whose names are here under-written That to our knowledge A.C. of c. is a very poor Woman and not worth 5 l. and there being a Sute in Chancery lately commenced against her by one R.B. the same besides her trouble is like to bring upon her great expence and unless the same may be prevented by your Lordships favour by admitting of her in Forma Pauperis the defence of such Sute otherwise is like to tend to her undoing The Consideration of all which we humbly leave to your Lordships further consideration and do rest At your Honours or Lordships Command An Affidavit for the same I. S. of c. maketh Oath that be verily believeth that A. C. of c. is not worth 5 l. of her own proper goods her debts being paid and she is very lame and by reason of her infirmity not well able to travel to London about such Sute as is prosecuted against her by one R. B. Jurat 20. die M. I.M. The Petition of the same To the Right Honourable c. The humble Petition of A.C. of c. Widow Defendant to the Bill of Complaint of R.B. Complainant SHeweth That your Petitioner is a very poor Woman and not worth 5 l. as may appear by the Certificate hereunto annexed of sundry Persons of Quality to whom her poverty is well known and there being this last Term a long Bill exhibited by the Plaintiff in Chancery against her for and concerning c. and other things of like nature she in respect of her poor estate shall not be able to answer or defend that Sute unless your Lordship be pleased to admit her in Forma Pauperis to be sued and sue concerning the same Wherefore your Petitioner doth humbly desire that your Lordship in consideration of her poverty she being not able to travel would be pleased in that behalf to admit her in Forma Pauperis and to assign Master G. and Master T. to be of her Council and Master M. to be her Attorney and she shall ever pray c. Answ Upon the Certificate and Affidavit of Poverty annexed let the Pertitioner be admitted to sue and be sued in Forma Pauperis as is desired T. G. c. The Form of the Title of a second Answer to be made upon a Report c. THe further answer of A.B. one of the Defendants to the Bill of Complainant of C.D. Complainant according to the report of E F. one of the Masters of this Court made the 17 day of J. and of an Order of this Court of the 8 day of this instant month of April 1664. The said Defendant in obedience of the said order and for further satisfaction of this Honourable Court saith c. All which matters and things he this Defendant is and will be ready
of c. Esquire and Dector in Divinity of the one part and S.M. and C.D. of c. in the County of c. Gentleman of the other part Whereas the said W.S. by Indenture bearing date the c. day of this instant moneth of c. for the consideration therein expressed did bargain and sell unto the said S M. and C.D. all those lands tenements and hereditaments with their and every of their appurtenances commonly called or known by the Name of c. containing by estimation six hundred and thirty acres be the same more or lesse scituate lying and being in the Towns Villages and Hamlets of T. and M. in the said County of c. or one of them together with all other lands tenements and hereditaments hereofore of Sir S.W. deceased and now or late of the said S.W. that are scituate lying and being in the Towns Villages and Hamlets of G. and S. aforesaid or either of them and also the reversion reversions remainder remainders of the said lands tenements and premisses and every part thereof To have and to hold the said lands tenements and premisses with the appurtenances unto the said S.M. and C.D. their Executors Administrators and Assigns from the day next before the date of the said recited Indenture unto the end and term of one year from thence next following To the intent that by vertue thereof and of the statute for transferring uses into possession the said S.M. and C. D. might be in the actual possession of the said lands tenements and premisses and be enabled to accept of and take a grant and release of the reversion and inheritance thereof to them and their Heirs to the use of them their Heirs and Assigns for ever as by the said recited Indenture more at large appeareth Now this Indenture witnesseth that the said S.W. as well for and in consideration of the sum of c. of lawfull money of England paid and secured to be paid by the said S. M. and C. D. to several persons by the direction and appointment of the said S. W. and for some of his debts wherewith the said lands and premisses stood charged and lyable That is to say three thousand pounds part thereof to F.R. Esquire and C. I. Citizen and Mercer of London in satisfaction and discharge of the money due to them by and upon a grant and conveyance thereof heretofore made of the said lands and premisses by the said W.S. and R.I. Esquire to the said F. R. and C.I. and their Heirs and c. residue of the said sum of c to Sir C.C. and Sir P.E. in satisfaction and discharge of their right and estate which they had of and in the premisses by a grant and conveyance of the said S.W. before this time made to them and their Heirs As also in consideration of a competent sum of money by the said S. M. and C. D. to the said S. W. in hand paid whereof he doth hereby acknowledge the receipt hath granted remised released and confirmed and doth by these presents grant remise release and confirm unto the said S. M. and C. D. in their actual possession now being by vertue of the said recited Indenture of bargain and sale made to them of a year and of the said statute and to their Heirs and Assigns the aforesaid lands tenements hereditaments and premisses with the appurtenances and all the estate right title interest claim and demand whatsoever of the said S.W. of in and to the same and every part thereof and the reversion and reversions remaiâdâr and remainders thereof and of every part thereof To have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the onely use and behoof of the said S.M. and C.D. their Heirs and Assigns for ever And the said S.W. for himself his Heirs Executors Administrators and Assigns doth covenant and grant to and with the said S. M. and C. D. their Heirs and Assigns by these presents in manner and form following that is to say that the said S.M. and C.D. their Heirs Assigns shall and may from time to time and at all times for ever hereafter peaceably and quietly have hold and enjoy the aforesaid lands tenements and premisses with the appurtenances before herein mentioned to be granted without any let trouble molestation or interruption of the said S.W. or of his Heirs or of any other person or persons whatsoever having or lawfully claiming to have any estate right title interest term claim or demand of in and to the same and every or any part thereof and that freed acquitted and discharged or well and sufficiently saved and kept harmless by the said S.W. his Heirs Exeâutors Administrators and Assigns of and from all former and other grants bargains sales feoffements mortgages joyntures dowers leases estates Statutes-Merchant and of the staple recognizances judgements executions post-fines issues amerciaments rent-charge and seck all arrerages of rents and of and from all other titles troubles charges and incumbrances whatsoever had made committed suffered or done by the said S.W. or by any other person or persons whatsoever except one conditional grant of the premisses heretofore made by the said W.S. and B.I. Esquire to F.R. Esquire and C.I. Citizen and Grocer of London their Heirs and Assigns by way of Mort-gage for security of payment of a sum of money therein mentioned And also that the said S.W. Sir C.C. and Dame E. his wife and S.W. Esquire and C. his wife the said C. and E. being sisters and coheirs of S.C. Esquire deceased their Heirs and Assigns and all and every other person and persons having or lawfully claiming to have any estate right title interest clame or demand of in or to the said Lands Tenements and Premisses hereby granted or any part thereof shall and will from time to time and at all times hereafter at the reasonable request and at the Costs and Charges in the Law of the said S.M. and C.D. their Heirs and Assigns make do acknowledge levy suffer and execute and cause and suffer to be made done acknowledged levyed suffered and executed all and every such other and further acts things devices and assurances in the Law whatsoever of the said Lands Tenements and Premisses before herein mentioned to be granted with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns be it by fine feoffment deed or deeds enrolled or not enrolled recovery with voucher or vouchers over release and confirmation or by all or any of them or by any other reasonable assurance in the Law as by the Council learned in the Law of the said SM and C. D their Heirs or Assigns shall be reasonably deyâsed or advised and required the which said further assurance and assurances so to be had and made shall be and shall endure to the only use and behoof of the said S.M. and C.D.
their Heirs and Assigns for ever and to no other use or uses intents or purposes whatsoever In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written Note that this Conveyance of Lease and Release is much in use and works without the formal act of livery and seisin Note also that if you leave out the Recital in the Release and put in the word Enfeoffe in the Grant then the Release works alone without the Lease with livery A Release from an Executor to two Creditors of the Testator of all Debts BE it known unto all men by these presents That I C. E. Citizen and Mercer of c. Executor of the last Will and Testament of E.G. late Citizen and Haberdasher of c. deceased have remised and released and by these presents for me my Heirs Executors and Administrators do remise release and for ever quit-claim unto C.R. of c. in the Province of c. in the parts beyond the Seas Haberdasher and C.I. of c. Gent and unto either of them all and all manner of actions suits debts debates accompts reckonings bills bonds writings obligatory covenants judgements extents Executions claimes duties and all other demands whatsoever which of or against the said C.R. and C.I. or either of them their or either of their Heirs Executors or Administrators or any of them ever I have had now have or hereafter shall or may have by force and vertue of the execution of the last Will and Testament aforesaid or by reason force colour or means of any other act matter cause deed or thing whatsoever it be from the beginning of the world until the day of the date of these presents In witness whereof I have hereunto set my hand and seal the c. day of c. A Release with an exception of some Bonds c. KNow all men by these presents That I W.H. Citizen and Merchant-taylor of c. have remised released and discharged and by these presents do for me my Executors and Administrators remife release and discharge unto R C. of c. Barber-chyrurgion all and all manner of debts sums of money and demands bills and bonds whatsoever between me the said W. H. and the said R.C. for any matter or thing whatsoever before the day of the date hereof excepting two bills bearing date the c. day of c. the one for payment of five pounds one the c. day of c. next coming and the other for payments of five pounds on the c. day of c. now next coming In witness whereof I have hereunto set my hand and seal the c. day of c. A Release from two Partners to two Debtors KNow all men by these presents That we P. E. and L. T. Citizens and Merchant-taylors of c. have remised released and quit-claimed and by these presents for us our heirs executors and administrators joyntly and severally do remise release and quit-claim unto C.R. of c. in the Province of c. in the parts beyond the Seas Haberdasher and unto C.H. brother of the said R. and to either of them all and all manner of actions suits debts bills bonds reckonings accounts and all other matters causes things and demands whatsoever between us the said P.E. and L.T. or either of us and the said C.R. and C.H. or either of them for any matter or thing whatsoever at any time or times before the day of the date of these presents In witness whereof we have hereunto set our hands and seals the c. day of c. in the year of our Lord God c. Sealed and delivered in the presence of _____ A Grant of the Stewardship of a Mannor during pleasure TO all Christian people to whom this present writing shall come I P. I. of the Middle-Temple London Esquire send greeting in our Lord God everlasting Know ye that I the said P.I. have given granted and by this my present Writing do give and grant unto B.I. of c in the County of c. Gent. the office of Steward and Stewardship of all that the Mannor of c. and of the hundred of c. in the County of c. and also the custody and keeping of the Courts Leets and other Courts of and within the said Mannor and hundred together also with all sees and profits thereunto belonging to have hold and enjoy the same to him the said B.I. by himself or his sufficient deputy for and during my will and pleasure In witness whereof I the said P.I. have hereunto set my hand and seal dated the c. day of c. Sealed and delivered in the presence of An Agreement of Creditors to take their Debts by four several payments and abate all interest WE the Creditors of C.H. whose names are hereunder subscribed are all content and do every one of us severally and respectively for himself agree and promise to take and accept of such principal debts as are due unto us from the said C.H. at such four dayes of payment as is aforesaid mentioned the said payments to be made by even equal portions That is to say one fourth part of our said several debts on or before the c. day of c. next coming one other fourth part thereof on the c. day of c. now next also ensuing one other fourth part thereof one the c. day of c. which shall be in the Year of our Lord God c. and the residue of our said several debts being the last and fourth part on the c. day of c. which shall be in the year of our Lord God c. in full payment and satisfaction of our said debts and upon the said C. H. making the first payment and giving us respectively his bonds or bills for the three last payments according to this agreement we will deliver up our old securities and discharge him thereof Witness our hands the c. day of c. A Lease of a side of a Shop and other conveniencies with a grant of goods and wares according to a schedule annexed THis Indenture made the c. day of c. Between E.H. Citizen and Stationer of c. on the one part and H.T. of the same City Stationer on the other part Witnesseth that the said E.H. for and in consideration of the yearly rent hereafter in and by these presents reserved to be paid hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said H.T. all that part of the Shop now in the occupation of the said E.H. being the West-side of the same Shop also the ware-house at the end of the same Shop which said warehouse abutteth upon the South-end of that part of the said Shop which now is in the occupation of A.R. as the same demised part of the said Shop and also the
and written out at the costs and charges of the said Sir R. D. his heirs and assigns All which said Writings and Evidences the said R. H. doth hereby covenant for him his heirs and assigns to and with the said Sir R. D. his heirs and assigns to deliver unto him the said Sir R. D. his heirs or assigns at or before the Feast of St. J. the Apostle next ensuing the date hereof safe whole uncancelled and undefaced To have and to hold the said Mannor or Lordship Advowson Rectory Chantrey Messuages Tenements Farm Lands Meadows Pastures Hereditaments and all other the premisses with their and every of their appurtenances unto the said Sir R. D. his heirs and assigns to the only c. And the said R. H. for himself c. doth Covenant c. That he the said R. H. now is and at the time of the first executing of an estate of the said Mannor and premisses by force of these presents unto the said Sir R. D. shall be lawfully and absolutely seized in his Demesne Seized in see-simple as of Fee-simple to him and his heirs of and in the said Mannor Messuages Lands Tenements Advowson Hereditaments and Premisses with their appurtenances without any manner of Condition or Limitation of any Use of Uses to alter change determine or make void the same and without any Reversion or Remainder thereof or of any part thereof in his Kings Majesty his Heirs or Successors being made or limited by the said R. H. or I. H. his Uncle deceased whose heir the said R. H. now is And that he now hath and then shall have good right full power and lawful Power to Alien and lawful and absolute authority to grant bargain sell and convey the said Mannor Lands and all other the premisses with the appurtenances unto the said Sir R. D. his heirs and assigns according to the true intent and meaning of these presents notwithstanding any Act had made done or suffered by the said R. H. or the said I. H. his said Uncle or either of them And that the said Mannor Messuages Lands Advowson and all other the premisses with their and every of their appurtenance Freed from Incumbrances now are and so shall and may for ever hereafter remain continue and be unto the said Sir R. D. his heirs and assigns free and freely and clear and clearly acquitted exonerated and discharged of and from all and all manner of former and other Gifts Grants Leases Joyntures Dowers Uses Wills Intails Annuities Statutes-Merchant and of the Staple Recognizances Bonds Judgements Executions Extents Seizures Condemnations Rents arrerages of rents Intrusions Forfeitures Mortgages Fines for Alienation without licence Debts of Record Debts to his Majesties Estate Tithes Troubles Charges and Incumbrances whatsoever had made committed done or suffered by him the said R. H. or by his Assent Consent Act means or procurement or by J. H. his said Uncle or either of them An Exception of Leases One Lease for the term of 20 years to be accounted from the Feast of the Annuntiation of of our Lady St. Mary the Virgin in the year of our Lord God c. of parcell of the premisses made by the said R. H. to one I. D. wherein the yearly rent of Nine pounds is reserved One other Lease for the term of 22. years to be accounted from the Feast of St. M. in the Eighteenth year of the Reign of our late Soveraign Lord King James over England c. of other parcel of the premisses made by the said R. H. to one C. O. and whereupon the yearly Rent of 20 l. is reserved One other Lease c. All which said several Rents shall from henceforth be due and payable to the said Sir R.D. his heirs and assigns during the several and respective terms aforesaid And further The said R. H. and I.H. for themselves Govenant for quiet enjoying c. do Covenant c. with the said Sir R. D. c. That he the said Sir R.D. his heirs and assigns and every of them shall and may for ever hereafter quietly and peaceably have hold occupy possesse and enjoy the said M. Farm Advowson Lands and Premisses with their and every of their appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said R. H. and I. H. oâ either of them their or either of their heirs or Assigns or any ãâã them And without the lawful Let Suit Trouble Denial Molestation Interruption or Eviction of all and every other person ãâã persons whatsoever lawfully claiming by from or under theâ the said R. H. and I. H. or either of them their or either of the estate right or title or by from or under I. H. deceased Unclâ of he said R. H. except before excepted And also that they thâ said R. H. and I. H. parties to these presents and either of them For further assurance their and either of theâ heirs and assigns and M. now the wife oâ the said R.H. and every of them shall and will from time to time and at all times hereafter c. And it is hereby declared concluded c. That all Fines Feoffments Recoveries and all other assurances whatsoever had made levied suffered or executed to be had made levied suffered or executed by or between the said parties to these presents or any of them of the said M. and premisses or of any of them shall be and enure and hereby and by all the parties to these presents are agreed to be and enure To the only proper use and behoof of the said Sir R. D. and of his c. and to none other use intent or purpose whatsoever In witnesse c. Sir Alex. D. being seized of the Mannor of B. in Corn. O. for life with Remainder to his first Son and his heirs with Remainder to his second Son and so to the tenth Son sell the Mannor-House and half the Lands to Sir T.R. which to secure settles the Mannor of C. by the Collateral Deed and Bargain and Sale ut sequitur THis Indenture made the day of c. between Sir A.L. on the one part and Sir T.R. on the other part Whereas the said Sir T.R. at the ensealing and delivery of these presents hath paid unto the said Sir A.D. the Sum of 2000 l. of currant money of England in Consideration whereof the said Sir A. D. Dame M. his wife and the heirs of the said Sir A. are to convey and assure unto the said Sir T.R. his heirs and assigns All that the Mansion-house and Capital Messuage of the said Sir A.D. with all Houses Edifices Barns Stables Buildings Yards Orchards and Gardens with their and every of their appurtenances situate lying and being in G. B. in the County of O. And also all Trees Furzes Woods and Under-woods with their and every of their appurtenances stândâng growing lying and being in all or any the Closes and parcels of ground herein after
particularly expressed and also all Waters Fishings and Fish-ponds being in or between the same and the moity of all other Waters adjoyning and next to the same now or late in the possession of the said Sir A. D. situate lying and being in G. B. aforesaid in the said County of O. And also all that Close c. reciting the particulars with the buttalls and boundalls ãâã And also all usual Wayes Easements Profits and Commodities to all and singular the premisses and to every part and parcel thereof belonging or in any wise appertaining And all and singular the Tythes which at any time hereafter may arise or grow due out of all or any the premisses aforesaid All and singular which premisses are situate lying and being in the Parish of G. B. aforesaid in the said County of O. Together also with all the Wayes and Passages now or at any time within the space of three years last past used or occupied unto or with the premisses or any part thereof for the said Sir T.R. his heirs and assigns and for his and their Servants Cattle and Carriages in and through any other the grounds of the said Sir A. D. in G. B. aforesaid unto the premisses and every of them intended to be conveyed and assured as aforesaid In which conveyances and assurances to be made of the premisses in manner and form aforesaid there are to be excepted to and for the said Sir A. D. his heirs and assigns Lessees Farmors and Under-tenants and all his and their Servants and all others by his and their appointment necessary and convenient wayes and passages in and through all or any the premisses to be conveyed as aforesaid unto and from all or any the Closes and Grounds of the said Sir A. D. situate in B. aforesaid not to be conveyed unto the said Sir T. R. aforesaid Now this Indenture witnesseth That for the quiet enjoying of all and singular the before mentioned premisses with their and every of their appurtenances unto the said Sir T. R. his heirs and assigns and for and in consideration of the Summe of 5 s. of currant money of England in hand paid by the said Sir T. R. unto the said Sir A. D. that the said Sir A. D. hath granted bargained sold enfeoffed and confirmed and by these presents doth grant bargain sell enfeoffe and confirm unto the said Sir T. B. his heirs and assigns for ever All that his Mannor of C. with the appurtenances in the Parish of P. or elsewhere in the said County of B. And all Messuages Closes Lands Meadows Pastures Woods and Hereditaments with their and every of their appurtenances of the said Sir A. D. scituate lying and being in the Town Hamlets Fields and Precincts of C. and P. aforesaid or in either of them in the said County of B. And also the Reversion and Reversions Remainder and Remainders of the said Mannor of C. and of all and singular the premisses with their appurtenances hereby intended to be granted bargained and sold And also all the estate right title interest claim and demand whatsoever of him the said Sir A. D of in and to the said M. of C. with the appurtenances and all other the premisses before by these presents mentioned to be granted bargained or sold with the appurtenances and of in and to every part and parcel thereof And also all Deeds Evidences and Writings touching or concerning the afore-bargained premisses only or only any part or parcel thereof To have and to hold the said M. of C. with the appurtenances and all and singular the afore by these presents bargained premisses with their appurtenances and the Reversion and Reversions Remainder and Remainders of the same and all the estate right title and interest of the said Sir A. D. of in and to the same and all Writings only concerning the same or only any part of the same unto the said Sir T.R. his heirs and assigns To the only c. And the said Sir A. D. for himself his c. doth Covenant c. That for and notwithstanding any act or thing by the said Sir A. D. or by Sir T.D. Knight deceased late Father of the said Sir A.D. done or suffered to the contrary he the said Sir A.D. now at the time of the ensealing and delivery of these presents is the true rightful and lawful Owner of the said M. of C. and of all and singular the afore-bargained premisses with the appurtenances and of the same and of every part of the same is lawfully seized in his Demeasne as of Fee-simple without any manner of Reversion or Remainder thereof or of any part thereof in his Kings Majesty that now is his Heirs or Successors or in any other person or persons whatsoever And also that he the said Sir T.R. his heirs and assigns for and notwithstanding any act or thing by the said Sir A.D. or by Sir T.D. Knight deceased as aforesaid done or suffered to the contrary shall and may from henceforth for ever hereafter lawfully quietly and peaceably have hold occupy possesse and enjoy the said M. of C. and all and singular the afore-bargained premisses with their appurtenances clearly acquitted exonerated and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Mortgages Leases Feoffments Joyntures Dowers Statutes Recognizances Rents Judgments Condemnations Executions Liveries Ousterlemains Issues Amerciaments Respites of Homage and of and from all other titles troubles charges estates and incumbrances whatsoever heretofore had made committed caused or done or hereafter to be had made committed caused or done by the said Sir A. D. and the said Sir T. D. or by either of them or by any other person or persons whatsoever lawfully having or claiming to have any estate right title and interest by from or under the said Sir T.D. and Sir A. D. or either of them or the heirs or assigns oâ them or either of them The Joynture for the life of Dame M. D. now wife of the said Sir A. and one Lease for about six years to come heretofore made to J. B. at the yearly Rent of 30 l. per annum And one other Lease made to O. F. for about one year yet to come at the Rent of 100 l. per annum And one other Lease c. only excepted And further That he the said A D. his heirs and assigns and all and every other person and persons lawfully having or claiming to have by from or under them or any of them any estate right title or interest whatsoever of in or to the said Mannor of C. and other the afore by these presents bargained premisses or of in or to any part or parcel of the same shall and will at all times hereafter at or upon the reasonable request and at the only and proper costs and charges of the said Sir T.R. his heirs and assigns a Covenant pro future Ass so that the said assurance or assurances contain no further
them and their heirs or to some of them and their heirs of and in all and every the premisses with the appurtenances And that for and notwithstanding any such act or thing by them the said W.S. c. or by any other of them done or suffered to the contrary as aforesaid they the said W.S. c. now have or some of them now have or hath and shall have good right full power Power to alien and lawful authority togrant bargain sell and convey the Premisses with the appurtenances unto the said I. M. his Heirs and Assigns according to the intent and meaning of these presents And that the said Messuage Tenement or dwelling-house closes lands Freed from Incumbrances and all other the premisses with the appurtenances now are and so shall and may for ever hereafter remain continue and be unto the said I. M. his heirs and assigns free and freely and clear and clearly acquitted exonerated and discharged of and from all and all manner of former and other bargains sales gifts grants leases Joyntures Dowers Uses Wills Intails Annuities Statutes Merchant and of the Staple Recognizances Bonds Judgements Executions Extents Condemnations Rents Arrerages of Rents Intrusions Forfeitures Issues Amerciaments and of and from all other Estates Titles Troubles Charges and Incumbrances whatsoever had made committed done or suffered by them the said W. S. c. or by any or either of them or by their or any or either of their means assent consent or procurement The Rents and Services from henceforth to be due and payable for the premisses to the chief Lord and Lords of the Fee or Fees of the premisses for and in respect of their Seigniorities of the same only excepted and fore-prized And that he the said I. M. Quiet enjoying his heirs and assigns and every of them shall and may for ever hereafter quietly and peaceably have hold occupy possess and enjoy the said Messuage Tenement or dwelling house Closes Lands and all other the premisses with the appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said W. S. c. and every and either of them their and every and either of their heirs and assigns And with out the let sute molestation interruption or eviction of all and every other person or persons whatsoever lawfully claiming by from or under them or any or either of them their or any or either of their estate right or title And also that they the said W. S. c. Further assurance their heirs and assigns and every and either of them shall and will from time to time and at all times hereafter during the space of seven whole years next ensuing the date hereof at the requests and costs in Law of him the said I. M. his heirs and assigns do make suffer acknowledge and execute and cause and procure to be done made suffered acknowledged and executed all and every such further and other lawful and reasonable act and acts thing and things devise and devises assurance and assurances in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of the said Messuage Tenement or dwelling house closes lands and all other the premisses with the appurtenances unto the said I. M. his heirs and assigns Be it by Fine Feoffment Release Confirmation with warranty of them the said W.S. c their and every or any of their Heirs and Assigns Recovery or Recoveries with single or double Voucher or Vouchers Deed or Deeds enrolled or not enrolled the enrollment of these presents or by all or any the said wayes means or by any other lawfull or reasonable wayes ãâã means in the Law whatsoever without warranty or with the like warranty as aforesaid as by him the said I. M. his Heirs and Assigns or his their or any of their Councel learned in the Law shall be reasonably devised or advised and required All which further or other assurance by fine or otherwise shall be and enure and hereby are and shall be adjudged deemed and taken to be aâ enure To the onely proper use and behoof of the said I. M. his c. An Indenture of Bargain and Sale of a Messuage and Lands in consideration of a Surrender of a Lease of other Lands with good Covenants THis Indenture made c. between R. D. of T. in the County of c. Whereas the said K. C. now holdeth by Lease for certain years yet to come one Messuage or Tenement with the appurtenances thereunto belonging wherein the said K. C. doth now inhabit and dwell scituate and being in F. aforesaid and divers Closes Lands Meadows Pastures Wood-grounds and Hereditaments thereunto belonging or appertaining lying and being in F. aforesaid the Reversion and Inheritance in Fee-simple of which said Messuage Lands and Premisses now being in and belonging unto them the said R. D. and I. P. and their heirs And whereas the said K. C. hath and hereby doth Surrender up grant bargain and sell all her right title estate interest term for years claim and demand whatsoever of her the said K. C. of in and to the said Messuage or Tenement Closes Lands Wood-grounds and premisses in the said Lease particularly mentioned and expressed and hath delivered up the said Lease to be Cancelled unto them the said R.D. and I.P. in consideration of which said Surrender and Grant made by the said K. C. as aforesaid the said R. D. hath upon the ensealing hereof paid unto her the said K. C. the sum of 35 pound of currant money of England the receipt whereof the said K. C. doth hereby acknowledge and thereof doth acquit him the said R. D. his Heirs Executors and Administrators and every of them by these presents And whereas the said R. D. in further consideration of the said Surrender of the said Lands and Premisses made as aforesaid hath agreed to and with the said K. C. that the said R. together with the said I.P. should and would pass and convey unto her the said K. C. her heirs and assigns for ever All that Tenement or Cottage with the appurtenances scituate and being in F. wherein the said K. C. doth now inhabit and all Houses Edifices Buildings Barns Stables Yards Backfides Orchards Gardens Lands Tenements Hereditaments and Appurtenances whatsoever thereunto belonging or appertaining or now used therewith Now this Indenture witnesseth That the said R.D. and I.P. in consideration of the said Surrender of the said Lands and Premisses made by the said K. C. as aforesaid and in performance of the said agreement made with the said R.D. as aforesaid have bargained sold aliened infeoffed and confirmed and by these presents do joyntly and severally grant bargain sell alien infeoffe and confirm unto the said K. C. her heirs and assigns All that the said Cottage or Tenement with the appurtenances wherein the said K. C. doth now inhabit scituate and being in F. aforesaid And all Houses Edifices Buildings
and upon the said several Writs of Entry Sur disseisin en le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and Premisses before mentioned and of every part and parcel thereof with the Appurtenances And that full Execution and Seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the execution of the said Recoveries stand and be seized and be adjudged deemed and esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their Appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such Issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth further Covenant promise and grant to and with the Right Honourable E. Lord G. and I.S. their Heirs and Assigns and to and with every of them by these presents in manner and Form following that is to say That he the said C. Lord. S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and Premisses and of every part and parcel thereof with the Appurtenances of a good sure perfect lawful and indefeasible Estate in Fee-simple or in Fee-tail to himself and the heirs of his body without any Reversion or Remainder of the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat determine or make void the same And that he the said Lord S. hath full power good right and lawful and absolute authority in his own proper right by these presents to raise limit and appoint all and every the foresaid several Uses and Estates before mentioned and that all and singular the Premisses and every part and parcel thereof with their and every of their Rights Members and Appurtenances now are and be and so from time to time and at all times for ever hereafter shall and may continue stand remain and be to all and every the several uses intents and purposes before in and by these presents limited expressed appointed and declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended and kept harmlesse of and from all and all manner of former and other Gifts Grants Bargains Sales Leases Estates Joyntures Dowers and Titles of Dowers and of and from all Rents and Arrerages of Rent-Annuities and Arrerages of Annuities Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Fines Forfeitures Issues Amerciaments Intentions Principal Seizins Liveries Wills Entails Limitations of use or uses and of and from all other Titles Troubles Arrerages Charges Claims Demands and Incumbrances And the said C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth likewise further Covenant promise and grant to and with the said E. Lord G. c. their Heirs and Assigns and to and with every of them by these presents That he the said Lord S. and his Heirs shall and will from time to time and at all times hereafter within the space of seven years next ensuing the date of these presents at and upon every reasonable request and at the only proper costs and charges in the Law of the said Lord S. and his heirs further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered all and every such further and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assuring surety and sure-making setling and conveying of the said Mannors c. premisses and of every part and parcel thereof with the appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof in and by these presents limited expressed appointed and declared be it by Fine or Fines Recovery or Recoveries with single double or more Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrollment of these presents or by any other wayes or means whatsoever as by the said E. Lord G. and I. S. their Heirs and Assigns or by any of them or by their or either or any of their Council learned in the Law shall be reasonably advised devised or required And finally The said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God to be had and solemnized between him the said C. Lord S. and the said D.L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself his heirs and assigns and for every of them Covenant promise grant and agree to and with the said E. Lord G. and I. S. their Heirs and Assigns and to and with every of them by these presents That he the said C. Lord S. and his Heirs and all and every other person or persons that now be or which hereafter shall stand or be seized of any Estate of Inheritance of the said Mannors Lands Tenements and Premisses or any part thereof shall and will stand and be
seized of so much and such part and parcel of the said Lordships Mannors and Premisses as either in respect of not making and naming the right Tenant of the Free-hold in the severall Writs of Entry aforesaid or in respect of any other legal defect shall not be by the severall and Recoveries aforesaid well and sufficiently assure and settle to the several uses before in and by these presents expressed to the severall and respective uses intents and purposes hereafter in and by these presents expressed appointed and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his assigns for and during the Term of his naturall life without impeachment of or for any manner of wast and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her Assigns for and during the term of his natural life and from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever In witnesse whereof to one part of these present Indentures remaining with the said E. Lord G. Dame I. his wife D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed and set their severall hands and seals and to one other part of these present Indenture remaining with the said W.N. and A. T. the said C. Lord S. E. L. G. Dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals and to one other part of these Indentures remaining with the said C. Lord S. the said W.N. A.T. E.L. G. Dame I. his wife D. L. and I.S. have interchangeably subscribed and set their several hands and seals the Day and Year first above-written Anno Dom. A Condition to save harmless where one Attorns Tenant with a Covenant to grant a Lease when the premisses are setled in the Obligee THe Condition of this Obligation is such That whereas the within named I. S. hath attorned Tenant and doth and is contented to pay his Rent being Eleven pounds ten shillings per annum unto the within bound T. S. his heirs or assigns for the Messuage or Tenement with the Appurtenances wherein the said J.S. now dwelleth scituate near W. London If therefore the said T.S. his Heirs Executors Administrators or Assigns do from time to time and at all times hereafter clearly acquit discharge or sufficiently save harmless and indemnified the said J. S. his Executors Administrators and Assigns goods and chattels as well against one R. N. of the Parish of Saint G. in the Fields in the County of M. gent. and K. his wife and against the Heirs and Assigns of the same K. also against all and every other person and persons whatsoever of for from touching and concerning all such and so much Rent as he the said J. S. his Executors or Assigns hath already paid or shall hereafter pay to the said T. S. his heirs or assigns for the Tenement aforesaid with the Appurtenances and also of and from all Actions Suits Charges Distresses Forfeitures Judgments Executions and all other Damages Troubles and Incumbrances whatsoever that shall or may arise or grow or be had commenced or prosecuted against the said J. S. his Executors Administrators or Assigns by reason of paying the said Rent or any part thereof unto the said T. S. his Heirs or Assigns or by reason of occupying of the said Tenement And further If in case the said T. S. his heirs or assigns do or shall quietly hold and enjoy the possession of the Tenement aforesaid with the appurtenances amongst other things as he the same T. now doth for and during the space of two years next coming after the date within written without any further new Suit Then if the said T. S. his heirs or assigns do within one month next after the end and expiration of the said term of two years or after such time as the estate of the premisses shall be perfectly setled in the said T. or his heirs at the reasonable request and at the costs and charges in the Law of the said J. S. his Executors or Administrators by good lawfull and sufficient Indenture of Lease in due form of Law to be had made and executed Demise grant and to Farm-let unto the said J. his Executors Administrators and Assigns all the said Messuage or Tenement with the appurtenances wherein the said J. now dwelleth as aforesaid for so many years as will make up the remainder of the term of years in his former Lease granted full Twenty and one years and under the yearly Rent of Eleven pounds ten shillings quarterly to be paid to the said T. his heirs or assigns or within one and twenty dayes next after every Quarter-day by even portions and with such other reasonable Covenants therein to be contained as are commonly used in such like Leases That then this present Obligation shall be void and of none effect or else it shall stand and remain in full force strength and vertue A Condition to save harmless an Executor for payment of several Legacies to Orphans with a Covenant to see the same Legacies disposed to the best advantage for the Legatees THe Condition of this Obligation is such That whereas M.D. late of St. J. street in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the Tenth day of M. in the Year of our Lord God One thousand six hundred and fourteen did amongst other Legacies and Bequests give and bequâath unto M. T. and A. T. Daughters of the within-bound T. T. Five shillings a piece of lawfull money of E. as by the sâme Will more at large appeareth Which said Sums of five shillings a piece the within named I. S. Executor of the last Will and Testament of the said M. D. hath at the Request of the said T. T. at and before the ensealing and delivery hereof paid and disbursed to the said T.T. for the use and behoof of his said Daughters M. and A. If therefore the said T. T. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said I. S. his Executors and administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said M. and A. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment of the said Sums of five shillings a piece to the said T. T. their Father
and Reversions of the premisses and of every part and parcel thereof and all and every the Rents and yearly profits whatsoever reserved upon whatsoever Lease Demise or Grant Leases Demises or Grants made of the premisses or of any part thereof except and alwayes reserved out of this present grant bargain and sale to the said L. G. his heirs and assigns the Parsonage of C. and the Parsonage house and grounds thereunto belonging within c. now in the occupation of R. B. Clerk and also except c. And also the said L. S. for the said Consideration hath bargained and sold and by these presents doth c. to the said I. B. and his heirs and all and every the Deeds Evidences Escripts and Minuments whatsoever touching or concerning onely the premisses or only any part or parcel thereof all and every which Deeds Evidences and Writings or as many of them the said L. G. now hath or any other to his use or by his delivery hath or have which he may lawfully come by without Suit in the Law The said L. G. Covenanteth and Granteth by these presents for himself his Heirs Executors and Administrators to and with the said I. B. his heirs and assigns safely to deliver to the said I. B. his heirs and assigns before the Feast of St. Michael the Arch-Angel next ensuing the date hereof whole and uncancelled to have hold and enjoy the said Capital Messuage or Tenement and all and every the said Messuages Tenements Lands Meadows Pastures Commons and all and every other the premisses with the appurtenances to the said I. B. his heirs and assigns for ever to the onely use and beho of of the said I. B. his heirs and assigns for ever And the said L. G. for himself his Heirs Executors and Administrators and every of them doth Covenant promise and grant to and with the said I. B. his heirs and assigns That he the said L. G. is and standeth at the ensealing and delivery of these presents and so shall be at the expiration of the first Estate of Inheritance of and in the premisses to the said I. B. solely lawfully and rightfully seized of a good lawful perfect and rightful estate in the Law in Fee-simple of and in the said Capital Messuage or Tenement with the Appurtenances and of and in all and every the said Messuages Tenements Lands Meadows Pastures and all and every other the premisses with the appurtenances and of and in every part and parcel thereof to the proper use of the said L. G. and his heirs for ever without any manner of Condition and without any Reversion or Remainder thereof or of any part thereof in the Kings Majesty his Heirs or Successors or of any other person or persons whatsoever and that he hath good right just and true title and lawful authority to bargain sell and assure the same to the said I. B. and his heirs according to the tenure and true meaning of these presents And also the said L. G. for himself his Heirs Executors and Administrators and every of them doth Covenant promise and grant to and with the said I. B. his heirs and assigns by these presents That the said I. B. his heirs and assigns shall and lawfully may from hence for ever peaceably and quietly have hold occopy and enjoy the said Capital Messuage or Tenement and all and every other the premisses with the appurtenances without any manner of let trouble or interruption of the said L. G. his heirs or assigns or of any person or persons claiming by from or under any the Ancestors of the said L. G. clearly discharged or for ever hereafter sufficiently saved harmlesse by the said L. G. his heirs and assigns of and from all and every other bargains sales estates leasess Statutes-Merchants and of the Staple Recognizances Judgements Joyntures Dowers Annuities Fines c. and of and from all and every other charges and incumbrances whatsoever by the said L. G. or any of his Ancestors had made committed or done or willingly suffered before the ensealing and delivery of these presents or before the execution of an Estate and seizin of and in the premisses to the said I. B. his c. except the Rents and Services to be due and done to the chief Lord or Lords of the Fee or Fees of the premisses in respect only of the Seigniory thereof and also except one Lease and Demise made by the said E. G. of the said Tenement now in the occupation of the said I. R. for term of certain years which shall expire within 9. years now next coming whereupon is reserved the yearly Rent of 30 shillings And one Lease and Demise made to c. for certain years not exceeding the term of 17 years now to come whereupon is reserved c. ut praedict or for certain years whereof there are now to come above the number of 17 years and whereupon is reserved c. which said several yearly Rents and every of them shall conâââe and be payable to the said I. B. his heirs and assigns during the continuance of the said several Demises And also the said I. G. Covenanteth and granteth by these presents for himself his Heirs Executors and Administrators to and with the said I. B. his heirs and assigns That he the said L. G. and A. his Wife and the heirs of the said L. and all and every other person and persons and their heirs having or that shall have any right estate or interest of or in the premisses or any part thereof by from or under the said L. G. or by from or under any of his Ancestors shall and will from time to time during five years now next ensuing at the reasonable request costs and charges of the said I. B. his heirs and assigns do make and execute or cause knowledge and suffer to be done all and every such further act and acts thing and things device and devices in the Law whatsoever be it by Deed or Deeds inrolled or not inrolled Fine Feoffment Recovery with double or single Voucher or Vouchers Release Confirmation or otherwise with Warranty against the said L. G. and his heirs and the Ancestors of the said L. G. or otherwise without warranty for the further and more better and perfect assurance surety and sure-making of the said Capital Messuage or Tenement Lands Meadows Pastures and all and every other the premisses with the Appurtedances to the said I. B. his heirs and assigns as by the said I. B. his heirs or assigns or his or their Council learned in the Law shall be reasonably devised or advised In witnesse c. Articles concerning Lands purchased untill the Covenants could be made Articles of Agreement indented made concluded and agreed upon the day of Sept. between H. D. of E. in the C. of H. Gent. of the one part and F. R. of the Parish of S. M. in the Fields in the C. of M. T. of the other part viz. IMprimis The said
of the said J.S. his Son T. and S. his Daughters If therefore the said W. S. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said J. S. his Executors and Administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said J.S. T. and S. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment delivery and disbursement of the said Sums of five shillings a piece Pewter-platter Pewter-dish and three Saucers unto the said W.S. their Father as aforesaid And of and from all such actions sutes costs charges damages expences and demands whatsoever which he the said J. S. his Executors Administrators or Assigns shall hereafter happen to incur sustain or be put unto for or by reason of the payment delivery and disbursement of the said Sums of five shillings a piece Pewter-Platter Pewter-Dish and three Saucers for the use of the said J.S. T. and S. unto the said W. S. their Father as aforesaid That then this Obligation shall be void or else it shall stand in full force and vertue A Counter Condition to save harmless from a Bond Well penn'd THe Condition of this Obligation is such That whereas the within named R. C. at the special instance and request and for the only debt of the within-bound J. S. by one Obligation of the date hereof is and standeth joyntly and severally bounden with the said J. S. unto J. T. of London Merchant in the sum or penalty of c. of lawful money of England with conditions thereupon indorsed for the payment of c. of like lawful money of England on the last day of February now next ensuing the day of the date within written as by the same Obligation and Condition may appear If therefore the said J. S. his Executors Administrators or Assigns or any of them do and shall well and truly pay or cause to be paid to the said J.T. his Executors Administrators or Assigns or some of them on the said last day of February above mentioned at the now dwelling house of H. C. London Gent. fituate in c. in London the aforesaid sum of c. and do thereby clearly exonerate acquit and discharge the said R. C. his Executors and Administrators as well from all actions sutes costs charges judgments executions and demands whatsoever concerning the same That then this present Obligation to be void and of none effect or else to remain and abide in full force and vertue A Letter of Attorney to take possession according to the Contents of a Lease TO all People to whom this present Writing shall come H.T. Citizen and Girdler of London sendeth greeting in our Lord God everlasting Whereas I the said H. T. have signed and sealed one Writing indented bearing even date with these presents purporting a Lease to be made by me unto one c. of all that Messuage with the appurtenances near the Hospital in c. In the County of c. late in the tenure or occupation of R. F. deceased and other Lands and Hereditaments in the said Indenture mentioned To hold from the first day of this instant February unto the full end and term of five years from thence next ensuing as by the said writing indented more plainly appeareth which Writing is not yet delivered by Deed. Now know ye That I the said H. T. have made constituted appointed and in my place and stead put and by these presents do make constitute appoint and in my place and stead put c. my true and lawful Atturney for me and in my name place and stead to enter into and upon the said Messuage Lands and Hereditaments in and by the said Writing indented mentioned to be demised or any part thereof And after such entry made for me and in my name place and stead there upon the premisses to deliver unto the said c. or to his lawfull Attorney in that behalf the said writing indented so by me signed and sealed as aforesaid as the very act and deed of me the said H. T. And further to do whatsoever may be necessary in that behalf and whatsoever my said Attorney shall do or cause to be done in the Premisses I the said H. T. do and shall ratifie confirm and maintain as if I had done the same in my own person In witness whereof I the said H. T. have hereunto set my hand and seal the c. day of February in the year of our Lord c. A short Lease of a Messuage and Lands to be void on paying of one shilling it being the precedent Deed. THis Indenture made the c. day of February in the year of our Lord God c. between H. T. Citizen and Girdler of London of the one part and R. I. of S. in the County of W. Yeoman c. of the other party witnesseth That the said H. T. for divers good causes and Considerations him moving hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said c. all that Messuage with the appurtenances near the c. in c. in the County of G. late in the tenure or occupation of R. F. deceased and all the Barns Out houses Orchard and Garden thereunto belonging And all that Close of Meadow or Pasture-ground thereunto adjoyning containing by estimation five Acres be it more or less and one little ground called or known by the name of Redcraf adjoyning to certain Grounds there called Flankers Closes And one other Close of Arable Land called the Wood furlong adjoyning to the Lane there leading towards S. on the West And all those arable Lands to the said Messuage belonging or reputed or taken to belong thereunto or which were therewith used occupied or enjoyed by the said R. F. deceased lying and being in the Fields of c. aforesaid That is to say five and forty acres by estimation be the same more or less lying in the North-field 22 acres by estimation be the same more or less lying in the South of c. aforesaid To have and to hold the said Messuage or Tenement Land Premisses with the appurtenances unto the said c. his Executors Administrators and Assigns from the first of this instant February unto the full end and term of five years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term one Pepper-corn at the Feast of St. Michael the Arch-angel if it shall be demanded Provided alwayes that if the said H. T. his Executors Administrators or Assigns shall at any time hereafter pay or tender unto the said c. his Executors or Administrators or to any other
person or persons to his or their or any of their use or uses the sum of twelve pence in money for the making void of this present Indenture and the Demise and Lease herein contained that then and from thenceforth this present Indenture and Demise and Lease herein contained shall cease and be void any thing herein contained to the contrary notwithstanding In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written An Award made between four Executors TO all Christian people to whom this present writing quadripartite indented of Award shall come S. W. Ceazer Knight Master of the Rools sendeth greeting in our Lord God everlasting This Indenture quadripartite also made the second day of A. in the fifth year of c. between Sir W. S. c. one of the Executors of the last Will and Testament of R. C. c. of the first party S. T. Offley c. one other of the c. of the last Will and Testament aforesaid of the second Part Sir T. L. c. one other of the Executors of the said last Will and Testament of the third part and Sir H. C. c. one other Executor of the same last Will and Testament of the said R. of the fourth part Witnesseth That whereas the said R. by his said Testament and last Will bearing date c. amongst divers and many gifts and legacies therein limited bequeathed and appointed to sundry persons therein named as by the same it may appear hath given and bequeathed all the residue of all and singular his goods chattels leases and other things whatsoever his debts funerals and legacies being paid and performed unto the said W.S. T.O. and T.L. whom together with the said H. C. his brother he made and ordained his said Executors of his last Will and Testament aforesaid and of the same he hath also made and ordained the said W. C. his Supervisor and Overseer as by the same his last Will also at large it doth and may appear And whereas for the avoiding of all doubts variances controversies sutes and strifes that may and might ensue and grow between the foresaid parties touching the said last Will and Testament and the true execution of the same And for and concerning the said residue surplusage and remainder of the goods chattels and other things after the said Debts Funerals and Legacies discharged every of the said parties have compromitted and faithfully promised and further do severally covenant and grant to and with others by these presents to stand to obey abide perform and fulfill the Award and Judgment of the said W.C. Knight Arbitrator between them indifferently named and chosen of and upon the premisses Whereupon the same W. C. taking upon him the charge and business of the said Award and willing and minding as much as in him is the true execution of the said Testament and that a final peace unity and concord shall be had and continued for ever between the said parties for and concerning the premisses hath and doth by these presents by and with the full assent and consent of all and every the aforesaid parties make publish and declare this his present award arbitrement and judgement between the same parties touching the premisses in manner and form as followeth that is to say First The said Sir W. C. by these presents doth award judge and deem and every of the parties before named covenanteth and granteth severally for himself his Heirs Executors and Administrators to and with the other of them his and their Executors and Administrators and every of them by these presents in manner and form following That is to say That the same Executors That any of the Executors shall not conceal any of the Testators goods from the other Executors or any of them shall not at any time or times hereafter willingly or wittingly conceal withdraw or keep close or cause to be concealed withdrawn or kept close from the said other Executors or any of them or the Survivors or Survivor of them and such Goods Chattels Leases Debts Credits or other things whatsoever as hath come or shall happen to come to his or their or any of their hands custody possession or knowledg that were or did or ought to appertain or belong to the said R.C. the Testator or his Executors to the intent the same or any part thereof should not be recovered used ordered enjoyed or disposed by the same Executors to their and every of their own proper use most benefit commodity and advantage by equal portions in manner and form aforesaid And it is further ordered and judged by the said Sir W. C. and also fully condescended and agreed between the said parties and every of them severally doth covenant and grant for him To execute the Testators Will and Trust reposed in them his Heirs Executors and Administrators to and with the others by these presents That all the same Executors and every of them shall from henceforth both in name and deed take upon him the full and due execution of the foresaid last Will and Testament so far as only to the duty trust and office of Executors appertaineth or ought to appertain And furthermore it is ordered judged and awarded by the said Arbitrator and also covenanted granted and fully agreed between the said parties and the said Parties That the Executors shall bear all Costs and Charges of Sutes in executing the Testators Will equally and every of them do severally covenant and grant to and with other of them by these presents That if at any time or times hereafter it shall be found and approved that the foresaid Testator is and ought be charged either by Law or Conscience with any other debt or debts sum or sums of money or other duties or things whatsoever then at this present is well known and doth appear unto the said Executors or if they or any of them or the Executors of the Survivor of them shall at any time or times hereafter happen to be charged with any manner of Sute or Sutes or other charge or charges whatsoever for or by reason of the said last Will and Testament or the due execution thereof either in Law or otherwise That then all and every the said Executors and the Survivor and Survivors of them and the Executors and Administrators of such of them which then shall be dead and that their equal and indifferent costs bear support pay and allow the same charges and every of them any thing herein contained to the contrary in any wise notwithstanding Another Form of an Award TO all Christian People c. I. S. Serjeant at Law send greeting c. Whereas divers variances sutes controversies debates and demands have been heretofore had moved stirred and depending between A. B. c. and C. D. c. of for and concerning reciting the matter in controversie For the appeasing and pacifying of all which
reserved upon any demise lease or grant demises leases or grants heretofore made or granted of the premisses or of any part or parcel thereof and the Reversion and Reversions Remainder and Remainders of all and singular the premisses and of every part parcel thereof and also the said R.M. for the consideration aforesaid hath granted bargained and sold and by these presents doth fully and clearly grant bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever all the estate right title interest use possession reversion property condition claim and demand whatsoever which he the said R. M. hath or had or shall should may might or of right ought to have or claim of in or to the said Mannor and Lordship of C. Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the premisses with the appurtenances before in and by these presents granted bargained and sold or of in or to any part or parcel thereof Habendum To have and to hold all the said Mannor and Lordship Rectory Advowson Messuage Lands Tenements Meadows Feedings Pastures Commons Rents Reversions Services Hereditaments and all and singular other the premisses herein before mentioned meant or intended to be hereby given granted bargained and sold and every part and parcel thereof with all and singular the Rights Members and Appurtenances unto the said R. L. and G.L. their heirs and assigns to the onely proper use and behoof of them the said R. L. and G. L. and of their heirs and assigns for ever And the said R.M. and his heirs the said Mannor c. ut in al. Warranty Warran c. In cujus rei c. An Indenture of Covenants to the former Indenture Whereupon a Recovery is passed THis Indenture made the c. between Sir R. M. of c. of the one party and R. L. c. and G. L. of the other party Whereas the said R. M. by an Indenture of Bargain and Sale bearing the date hereof and sealed and delivered with these presents for the Causes in the same Indenture mentioned and expressed doth give grant bargain sell and confirm unto the said R. L. and G. L. their heirs and assigns for ever all that the Mannor and Lordship of C. c. and divers other Lands and Tenements as by the same Indenture of Bargain and Sale amongst other Covenants grants and agreements therein mentioned more at laâge it doth and may appear Now this Indenture witneââ ãâã That the said R.M. for the consideration in the said Indenââââ ãâã Bargain and Sale mentioned hath bargained and sold and by these presents doth bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever All and all manner of Deeds Evidences Charters Writings Escripts For delivery of Evidences Court-Rolls Books of Survey Books of Accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments whatsoever any way touching or concerning the said Mannor and Lordship rectory advowson messuages lands tenements and other the Premisses with the appurtenances or any part or parcel thereof All which said deeds evidences writings escripts Court-Rolls books of Survey books of accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments before mentioned Forster or so many of them as now be in the hands custody or possession of the said R.M. or of any other person or persons to his use or by his delivery or which he knowing where they are may lawfully get or come by without sute in the law together with true Copies of all Deeds Evidences Writings and Minuments as do touch or concern the premisses or any part or parcel thereof joyntly with any other lands or tenements the same Copies to be written and copied out at the costs and charges of the said R. L. and G L. their heirs and assigns And the said R.M. for himself his Heirs Executors and Administrators doth covenant c. to and with the said R. L. and G. L. their and either of their heirs and assigns and every of them by these presents to deliver or cause to be delivered unto the said R. L. and G. L. their heirs and assigns or to some of them For being seized on this side and before the Feast of c. whole safe uncancelled and undefaced And the said R. M. doth covenant c. in manner and form following viz. That he the said R. M. at the time of the ensealing and delivery of these presents is and standeth and so until a good and lawful estate shall be vested and executed in the said R. L. and G.L. and their heirs according to the intents and true meaning of these presents shall be and stand and be the very true sole lawfull and perfect owner and rightfully and absolutely seized of the said Mannor and Lordship and of all and singular other the Premisses with the appurtenances in the said Indenture mentioned meant or intended to be thereby given granted bargained and sold in his Demeasn as of Fee-simple or Fee-tail general to his own proper use and behoof without any manner of condition or limitation of any use or uses to alter change or determine the same And that there is not nor before the execution or vesting of the said estate No Reversion in the King there shall be any Reversion or Remainder thereof or of any part or parcel thereof c. or in any other person or persons And also that he the said R. M. now hath and untill he executing and vesting of the said estate shall have full power lawful and rightful authority to convey and assure the saiâ Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the above mentioned bargained Premisses with the appurtenances unto the said R.L. and G. L. their heirs and assigns for ever in form aforesaid And the said R. M. doth covenant c That the said Mannor and Lordship Rectory Advowson Messuages Lands Discharge of incumbrances Tenements and all and singular other the Premisses before by the said Indenture given granted bargained and sold or meant mentioned or intended to be thereby given granted bargained and sold and every part and parcel thereof with the appurtenances at the ensealing and delivery of these presents are and be and so at all times hereafter for ever shall be remain and continue unto the said R.L. and G. L. their heirs and assigns free and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved and kept harmlesse of and from all and all manner of bargains sales gifts grants leases joyntures dowers annuities statutes-merchant and of the staple recognizances uses wills intails fines for alienation without licence post fines rents charge-rents seck arrerages of rents amerciaments intrusions primer-seisins condemnations judgements extents executions claims duties debts of Record debts to the c. and of and from all other charges estates titles troubles incumbrances and demands whatsoever had made
E. C. and D. his wife and the heirs and assigns of the said D. or by their or any of their Councel learned in the Law and at their or any of their costs and charges in the Law for their said part portion and purpart of the Premisses and by the said P. H. c. and by the said R.P. c. and by the said W. C. c. and by the said T. L. c. shall be reasonably advised devised and required be it by Fine Feoffment Recovery with Voucher or Vouchers Deed or Deeds inrolled the inrollment of these presents release confirmation and by all these wayes and means or by any of them or otherwise with warranty or warranties against the said W. C. his Heirs and Assigns onely or without warranty at the election and pleasure of such as shall require the same as is aforesaid And that the said W. C. his heirs and assigns shall at all times hereafter from time to time exonerate acquit discharge or otherwise save harmless as well the said E. C. and D. his wife and the heirs and assigns of the said D. The said P.H. c. the said R.P. c. the said W.C. c. and the said J.L. c. as also their said parts portions and purparts of the premisses of and from all and all manner of former bargains sales joyntures dowers uses wills statutes Merchant and of the staple recognizances judgements executions issues fines amerciaments intrusions alienations without license rents charges rents seck arrerages of rents and of and from all other charges incumbrances and demands whatsoever they be had made or done by the said W. C. the like several Covenants for all the rest one after another Mutat mutand And the said W. C. and E. his wife P. H. and D. his wife T. L. and F. his wife covenant and grant for them their Heirs Executors Administrators and Assigns by these presents to and with the said W. L. C. his heirs and assigns That if the said Mannor of W. M. shall happen at any time hereafter to be charged chargeable or extendable by reason of any Statute Recognizance or otherwise for any summe or summes of money before the said seventh day of c. last past due or payable by any act done or acknowledged by any other than the said W. L. C. That then the said E. L. C. and D. his wife c. P. H. c. R. P. and c. W. C. and c. T. L. and c. their Heirs Executors and Administrators shall equally at their indifferent charges bear and pay five parts in six parts to be divided of such summe and summes of money for which the said Mannor of W. M. shall be so charged chargeable or extendable In witness c. An Indenture to avoid the title of Survivorship where Lands are granted to two by Lease THis Indenture made c. between c. Whereas the said A. B. and C. D. in and by one Indenture of Lease made c. do stand and are joyntly interessed and possessed of and in all that the Mannor Lands c. for and during c. as by the said Indenture at large appeareth And for as much as both the said parties are willing and desirous that the Survivor or ãâã of them shall not at any time hereafter take any commodity or advantage of the Premisses or any parcel of them by way of survivor or overliver according to the course and order of the Common Laws of this Kingdom by reason of the joynt title estate and interest which they have in and to the Premisses by vertue of the Indenture of Lease aforesaid Therefore it is fully covenanted concluded condescended and agreed upon between the said parties in manner and form following viz. first the said A. B. doth c. to and with c. that if it do fortune or happen the said A. B. to survive and overlive the said C. D. for avoiding the said title of survivor in and to the Premisses That he the said A. his Executors Administrators and Assigns shall and will peaceably and quietly permit and suffer the Executors Administrators and Assigns of the said C. D. being then deceased to have occupy and enjoy to their own proper use and uses and to the proper use of any of them in common or in severalty immediately after the death of the said C. at his or their will and pleasure all that the moiety part and purpart of the said C. in and to the premisses and every of them into two equal parts to be divided during the residue and remainder of years of the term of years above mentioned which then at the death of the said C. shall be to come and unexpired without the let or disturbance of the said A. his Executors or Assigns the title of Survivor of and in the Premisses in any wise notwithstanding And also the said C. D. doth covenant c. to and with A. B. c. for avoiding of the said title of Survivor in the Premisses That if it do fortune or happen the said C. to survive and over-live the said A. B. that he the said C. D. ut supra mutat mutand And the said A. B. doth covenant c. to and with c. in manner and form following viz. That he the said A. his Executors Administrators or Assigns or one of them shall pay the moiety and one half of the said yearly Rent of c. unto the said T. B. his Heirs and Assigns in the Indenture of Lease fore-mentioned and also shall bear and discharge half of all the covenants reparations and charges therein contained which on the part of the said A.B. and C. D. are to be observed and done in the said Indenture of Lease comprised And further That the said A. B. his Executors or Assigns shall well truly and safely keep the said Indenture of Lease unsurrendred uncancelled undefaced and whole to the defence saving and preservation as well of the interest title and term of the said C. B. as also of the title interest and term of the said C. D. in and to the Premisses during the term aforesaid the like Covenant for C. D. mutat mutand An Indenture where two have a joynt Estate upon Covenant That either of them may have an equal part in the Land or money lent taking no benefit by Survivorship THis Indenture made c. between A. B. on the one part and C. D. on the other part witnesseth That whereas E. F. by a certain Indenture dated c. for the consideration therein expressed did fully and clearly bargain fell give and grant unto the said A.B. and C. D. their heirs and assigns for ever All that Mannor c. as it is recited in the Sale unto the Habendum then say with divers other covenants grants and articles therein contained amongst which there is a certain Proviso contained and by the same proviso it is provided and agreed That if the said E F.
is covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the Right Honourable H. Earl of D. since deceased and to the said R. H. T. T. J. B. and H. H. and their heirs and to the Survivor of them and his heirs all and singular the Mannors of S. B. and S. in the said County of L. and also all and singular Suits Seigniories Services Franchises Priviledges Court-Leets Perquisites of Courts and Leets View of Frank-pledge and all appurtenances Emoluments and Hereditaments whatsoever unto the said Mannors and Lordships or unto any of them belonging and appertaining and also all and singular his Mannors Messuages Lands Tenements and Hereditaments whatsoever within the several Towns Townships Fields Hamlets Precincts and Territories of S. H. A. and O. and elsewhere in the County of L. to the several uses intents and purposes in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose in any wise The particulars of which said Uses do more plainly appear in and by the said recited Indenture relation being thereunto had In which said recited Indenture of the 35 year of her Highness Reign there is nevertheless contained one Proviso or Clause to the tenor or effect hereafter following that is to say Provided nevertheless c. here recite the Proviso of Revocation verbatim Now therefore it is agreed by and between the parties to these presents and the said E. S. according to the tenor power or liberty of the said Proviso being fully minded and determined to alter the Estate and Estates limited in use in or by the said mentioned Indenture of the 35 year of her Highness Reign unto T. S. of B. and the Heirs males of his body and also the Estate and Estates limited in use in or by the said recired Indentures unto J.S. for term of his life without impeachment of wast and after his decease then to E. S. son of the said J. and the heirs males of his body lawfully begotten doth by these presents and by force and according to the said Proviso or the power or liberty thereof revoke repeal and derermine all and every the said estate and estates in any wise limited in use in or by the said recited Indentures unto the said T. S. of B. and the Heirs males of his body lwfully begotten and also all and every the estate and estates in or by the said Indentures limited in use unto the said J.S. for term of his life and all and every the estate or estates in or by the said Indentures limited in use unto the said E. S. son of the said J. and the heirs males of his body lawfully begotten of in for or concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their appurtenances in any wise comprised or specified in or by the said Indentures And likewise the said E.S. doth hereby limit publish and declare according to the tenor of the said recited Proviso that all and every the Estates in any wise manner or form limited in use in or by the said recited Indenture unto the said T. S. and the Heirs males of his body lawfully begotten as also all and every the estate and estates in any manner or form limited in use in or by the said Indenture unto the said J. S. for term of his life without impeachment of wast and all and every the estate and estates in any wise manner or form limited in use in or by the said Indenture unto the said E. S. son of the said J. and the Heirs males of his body lawfully begotten shall from thenceforth of in for and concerning all and every the Mannor Lands Tenements and Hereditaments with their appurtenances in any wise comprised in the said recited Indenture shall cease determine be frustrate void and of no farther effect or continuance in Law any the limitations of use or uses in the said mentioned Indenture or any other matter or thing whatsoever to the contrary hereof in any wise notwithstanding And that all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their appurtenances and the only use thereof shall from henceforth remain continue and be unto the said E.S. party to these presents and his Heirs for ever and not in any sort manner or form unto the said T. S. and the heirs males of his body nor to the said J.S. for term of his life nor to the said E.S. Son of the said J. and the Heirs males of his body lawfully begotten nor to their or any of their Assign or Assigns In witness whereof c. A Declaration of Uses upon the Revocation above-written TO all to whom these presents shall come E.S. of S. in the County of L. Esq sendeth greeting Know ye That I the said E. S. having before the making hereof revoked reduced and revested the Estate of Inheritance of all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with the appurtenances scituate c. in and to me the said E.S. and my heirs for divers causes and considerations me thereunto moving Have Given Granted and Confirmed and by these presents do Give Grant and Confirm unto A. B. of c. and R.L. of c. all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with their appurtenances To have and to hold the said Mannors c. unto the said A. B. and R. L. their heirs and assigns to the several uses behoofs intents and purposes hereafter in these presents specified and to no other use intent or purpose whatsoever that is to say to the onely sole and proper use of me the said E.S. and my heirs and assigns for ever In witnesse c. We will now Illustrate the matter with some few Cases And first 1. In Trin. 25 H. 8. Barloe and those who were seised in Fee of the Land gave it to Jo Aprice and Joan his wife and the heirs of their two bodies engendered and after Jo. Aprice did discontinue the tayl to the use of Richard his Son and Anne his Wife and to the heirs of the body of the said Richard and after the said John dyed and Joan survived him And after Richard enfeoffed one Thomas a Bastard son in Fee After Anne dyes and one Robert Pattershall and others recover the same Lands against the said Thomas in a Writ of Entry in le Post wherein Thomas vouched the said Richard which voucheth over the common Vouchee and thereupon Judgment and Execution was had After this Joan dyed after whose death Richard dyed without lawfull Issue of his Body and after one Thomas Aprice younger Brother to the said Richard and Son of the said John and Joan brought a Formedon in Descender against Thomas the Bastard son and recovered the Land for that Joane was living at the time of the Recovery had and therefore the first entail was not bound and by the death
569. Case 777. 5. In the Case of Mallory and Jennings Trin. 43 Eliz. C. B. it was held by the whole Court That upon a bargain and fale by Deed indented and inrolled after inrollment if it be within the six moneths the Bargainee shall be said to be in from the date of the deed so that if the Bargainor in the mean time between that and inrollment enter into a Statute this shall not bind the Land a Release to the Bargainee in that time shall be good also a Recovery against the Bargainee within that time shall be good And if the Bargainee after the bargain and sale and before inrollment do bargain and sell the Land by deed indented and inrolled to another and after the first deed is inrolled within the six moneths the bargain and sale by the bargainee is good So agreed also in Trin. 3 Jac. C.B. between Lellingham and Alsop Presidents of Bargain and Sale THis Indenture made c. between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That the said A.B. in consideration of 1000 l. of lawful money of England to him in hand paid by the said C. D. hath bargained sold given and granted and by these presents doth bargain sell give and grant unto the said C.D. all that c. Here recite the particular of all the Houses Lands and other things To have and to hold the same c. and premisses unto the said C. D. his Heirs and assigns to the onely use and behoof of the said C.D. his heirs and assigns for ever The usual Covenants for Warranty That the Bargainor hath a good Estate c. as also for quiet enjoying freedom from incumbrances and the making of further assurance are to be added Or it may be by way of Covenant thus This Indenture made c. witnesseth That the said A.B. doth for him and his heirs covenant grant and agree to and with the said C. D. and his heirs That he the said A.B. and his heirs in consideration of 1000 l. of lawful money of England to him in hand paid by the said C.D. shall and will from henceforth stand and be seised of and in all that c. here recite the Lands c. to the only use and behoof of the said C.D. his heirs and assigns for ever Or else to this purpose The said A. B. doth for him and his Heirs covenant with C. D. and his heirs in consideration of 1000 l. of lawful money of England to him the said A.B. in hand paid That the said C.D. shall have to him and his heirs and to his and their own use all the Lands Tenements and Hereditaments of him the said A. B. lying and being in D. in the County of L. and as they are particularly mentioned and expressed in the Schedule hereunto annexed And these if they are to pass any Freehold are to be inrolled as is before set forth Sometimes they are with a Defeasance after this manner This Indenture made c. Between c. Witnesseth That whereas the said A.B. hath by his Deed Indented bearing date c. for the summe of c. bargained and sold to the said C.D. all that c. Here recite the particulars To have and to hold to the said C.D. his heirs and assigns for ever as by the same relation being thereunto had may and will appear Nevertheless it is now fully concluded and agreed between the said parties and the said C.D. doth for him and his heirs hereby covenant and agree to and with the said A.B. and his heirs That if the said A.B. or his heirs shall well and truly pay or cause to be paid to the said C. D. his Executors c. the said summe of c. at or before the Feast of c. now next coming after the date hereof That then it shall and may be lawful to and for the said A. B. and his heirs into the said c. to re-enter and the said C.D. from thence to expel and put out and the same to have as in his or their former estate And that from the time of the repayment of the said money and from thenceforth the said C. D. and his heirs shall stand and be seised of and in the said c. to the use of the said A. B. and his heirs for ever And also that all Conveyances and Assurances thereof then had and made to the said C.D. and his heirs or to any other person or persons shall after the repayment of the said summe of c. be to the use of the said A.B. and his heirs for ever any thing in the said Indenture or in this present Indenture to the contrary in any wise notwithstanding Or thus Provided That if the said C. D. or his heirs shall not pay or cause to be paid to the said A. B. his Executors c. at or in c. the summe of c. at c. that then and so often as default of payment of any of the said summes or of any part thereof shall be made contrary to the true meaning hereof it shall and may be lawfull to and for the said A. B. his heirs c. into the said bargained premisses with the appurtenances to re-enter and the same to have again hold and retain without any wast doing and the profits thereof coming to his or their own use to receive untill the said summe or summes of money whereof such default shall be made contrary to the true meaning hereof shall be paid to the said A. B. his c. And that so oft as such default shall be made as aforesaid the said C. D. and his Heirs shall stand and be seised of all and singular the premisses with the appurtenances to the use of the said A.B. his Executors Administrators or Assigns for the several times aforesaid And after any sum of twenty pounds whereof default of payment shall be made to the said A. B. his Executors c. respectively shall be paid that then and so oft the said A. B. and his heirs shall stand and be seised of the premisses with the appurtenances to the use of him and his heirs under the condition aforesaid until the said summe of c. be paid according to the true meaning hereof And that then and from thenceforth the said C.D. and his heirs shall stand and be seised of all the said premisses with the appurtenances to the only use of the said C. D. his heirs and assigns for ever absolutely and without any manner of condition or other limitation of use or uses whatsoever In witness c. Of a Judgment and the Execution thereof A Judgment is the end of a Suit or rather the Sentence or Decree that a Judge doth make at the end of a Suit which is no more but the pronouncing of what the Law doth set down and determine in that case Secundum allegata probata and this so long as
Prisoner be removed out of the Fleet that was there in Execution out of the Common-Pleas and he be removed by a Habeas Corpus cum causa and then sent to the Marshalsey for another debt and escape from thence In this case the Keeper of the Marshalsey and not the Warden of the Fleet shall be chargeable for both the first and the second debt Co. 4.98 Dyer 278. 10. If a Woman be Warden of the Fleet and she hath Prisoner one in Execution at my Suit and they marry together this shall be adjudged an escape in Law in the Woman for the prisoner is now by Law discharged So if a man have a Prison in Fee and his son and heir be his prisoner and he dye and the prison descend to his son this will be an escape in Law in the Guardian for which I may have an Action of Escape Plowd 37. The Statutes concerning this Point are Westm 2. cap. 18. He that recovereth debt or damages in the Kings Court may at his choyce have a Scire facias of the Lands and Chattels of the debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough Beasts and the moyety of his Land by a reasonable Extent till the debt be levied And if he be ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be Stat. 32 H. 8. cap. 5. Lands lawfully delivered in Execution upon a Judgment or Recognisance being evicted without any fraud or default in the Tenant before he have levied the whole debt and damages the Recoverer and the Recognisee shall have a Scire facias out of the same Court where Execution was awarded returnable there full Forty dayes after the date And thereupon a new Writ of Execution of the nature of the former to levy the rest of his debt and damages if the Defendant make default or shew no good matter in barre Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled A Writ of Execution shall be within the year so as the parties shall not need to plead After the year a Scire facias Of a Statute A Statute as it is taken for a legal assurance is an Obligation of Record and it is so called because it is made in pursuance of and according to the Form particularly provided for the same and is of three sorts viz. 1. A Statute Merchant 2. A Statute-Staple 3. A Recognisance 1. The Statute-Merchant is a Bond acknowledged before one of the Clerks of the Statutes Merchant and Mayor c. of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor of York c. chief Warden Master or Mayor of other Cities or Towns or before the Bayliffs of any Burrough or other sufficient men for that purpose appointed sealed with the Seal of the Debtor or Recognisor and of the King which is of two pieces the greater is kept by the Mayor c. and the lesser by the said Clerks This is upon 13 E. 1. Stat. 4. Acton Burnell 11 E. 1. Co. upon Lit. 289. And is after this Form NOverint universi per praesentes me A. B. de c. Teneri C. D. de c. in mille libris legalis monetae Angliae solvendis eidem C.D. ad Festum Sancti Michaelis Archangeli anno Regni Regis c. Et nisi fecero concedo quod currat super me et haeredes meos districtio et Poena provis in Statut. Domini Regis edit apud Westm Dat. apud Lond. die c. anno c. Or otherwise thus NOverint Universi per praesentes me R. D. de M. in Parochia de B. in Com. W. Gen. Teneri et per hoc praesens scriptum de Statut. Mercator firmiter Obligari H. M. de C. in Comitatu Civitatis L. Generos in quingentis libris bonae et legalis monetae Angliae solvend eid H. M. aut suo certo Attornato Executoribus et Assignatis suis in festo c. Et si non fecero volo et concedo quod currant super me haeredes Executores et Administratores meoâ Districtiones et poenae praemissae in statut âdit in Parliament Domini Edwardi primi quondam Regis Angliae apud Acton Burnell pro debitis mercatorum Recuperand ' Dat. In English thus MEmorandum That R. T. of H. in the County of K. Esq such a day and year came before our Lord the King in his Chancery at Westminster personally constituted and then and there acknowledged That he did owe c. to E. F. of C. in the County of L. Gent. and S. H. of D. in the said County of L. Gent. c. five hundred pounds of lawful money of England to be paid to the said E F. and S. H. or to their certain Attorney Executors or Assigns on the Feast of St. c. next coming after the date of these presents And if he shall fail in the payment of the aforesaid summe of Money at the Feast aforesaid that then the said R.T. for himself his Executors and Assigns willeth and granteth That the said summe of money shall be levied of his Lands and Tenements Goods and Chattels to the use of the said E.F. and S. H. their Executors and Assigns Witness our said Lord the King at Westminster the day and year above mentioned And these kinds of Statutes although at first ordained and used for Merchants onely yet at this day it is and may be used by any others and it is become one of the most frequent and usual assurances in the Kingdom 2. The Staple doth signifie this or that Town whither the Merchants by common order and command do carry their Commodities as Wooll and the like to vent and utter by the great or whole-sale The Statute-Staple is either properly or improperly so called That which is properly so called is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple and sealed with the Seal of the Staple and sometimes also with the Seal of the party which it seems is not absolutely necessary This was devised and used only for Merchants and Merchandizes of the same Staple and is founded upon 27 E. 3. Stat. 2. Co. super Litt. 289. But this now may be used by Merchants or any other for the payment of debts or assurance of Lands or other things and is of the same nature with the Statute-Merchant A Statute-Staple improperly so called is an Obligation of Record founded upon the Statute of 23 H. 8.6 and is in the nature of a Statute-staple and of the same force This is and may be acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple at Westminster and the Recorder
and Jury upon this Writ is called an Extent And if the Sheriff or Apprisors upon the Extendi facias over-value the Lands or Goods in favour to the debtor the Conusee hath no remedy but by motion in that Court where the Writ is returnable at the Return day or at least the same Term to desire that the Apprisors may take the Lands or Goods at the rate they have valued them in the same manner as the Corusee is to have them And a Sale made of Goods in this case by the Sheriff is as strong as if it were in Market-overt And when the Conusee is in possession of Lands by such an Extent as before then is he Tenant by Statute And after the Conusee is once setled in peace in the Lands extended he shall hold them till he be satisfied his debt and his reasonable costs and damages for travel suit delay and expence See for this Dyer 299. Co. 5.87 F.N.B. 130. Co. on Litt. 290. Co. 2. Part Inst 395 396. The proceedings upon the other kinds of Recognisances are after another manner For upon Recognizances at the Common Law if the money be not paid at the day the Conusee his Executor or Administrator is to bring a Scire facias against the Conusor or if he be dead against his heir when he is of full age or if the Lands the Conusor had at the time of entring into the Recognisance be sold against the Purchasors of them which the Conusor had at any time after the Recognisance entred into to warn them to come into the Court whence the Scire facias issued to shew cause why Execution should not be made upon the said Recognisance and if the party or parties cannot be sound to be warned or being warned do not appear at the time or appearing do not shew cause why the debt should not be levied In this case the Conusee shall have Execution of his moiety by Elegit or if the Conusor be living of all his Goods by Levari or Fieri facias at his Election but he may not have Execution of his Body unless he bring an Action of Debt upon the Recognisance as in this case he may do or it be by the course of the Court as it is in the Kings Bench on a Bayl wherein a Capias doth lye Dyer 315 360 366. The proceedings against the Sureties upon Statutes are to be in the same manner as the proceeding against the Principal And yet where the Principal hath moveables to satisfie the debt the Surety as it seems is not to be charged I will Illustrate this matter in the next place with some few Cases And first 1. Tenant by Elegit upon Judgments and Recognisances is to hold the Land until he be answered his debt without his costs and Mises c. But Tenant by Statute Merchant Statute-Staple or by Recognisance in nature of a Statute-Staple is to hold the Land c. untill he be paid his debt together with his Mises and Costs Co. 2. part Inst 678. 2. In case where Extenders upon Elegit or other Writ of Execution or upon a Recognisance in Court do extend the Land too high they shall not be forced to take it at the rate as the Extenders of Land for Execution upon a Statute-Merchant Staple or Recognisance in nature of a Statute-Staple shall be Bendloes Rep. 15. Co. on Litt. 290. Yelverton 55. 3. If one seised of White-acre Black-acre and Green-acre enter into a Statute or Judgment against him and then he enfeoffeth A. of White-acre and B. of Black-acre and keep Green-acre to himself in this case the Conusee or Plaintiff may have his Execution upon the moiety of Green-acre and not meddle with the other two Acres if he please but he may not in such case extend a moiety only in the hands of both the purchasors but he must extend a moiety in the hands of both the purchasors and of all the rest of the Land subject to the Execution for if he leave out any ãâã it the party grieved thereby will have his remedy and avoid the Execution by Audita Querela for where the Books say each purchaser shall have contribution in that case it is intended that such extent shall be avoided of that part and all the Land shall be extended and equally charged And so it is in this case where Green-acre shall descend to an heir there the Conusee may extend onely the moiety of this Acre in the hand of the heir and not meddle with the two Acres in the hands of the purchasors if he please But where there be two or more Conusors in a Statute c. there the Lands of them all and not of one of them are to be extended Co. 2. part Inst 396. 4. If two persons recover against one in debt severally and he that hath the first Judgment sues an Elegit and hath the moyety of the Land in Execution and then the other sues an Elegit In this case he that last sueth shall have but a moyety of the moyety that is left Cro. 3.482 5. If the Conusee on a Statute or Recognisance in nature of a Statute receive his whole debt by the Land yet may not the Counsor enter but where upon an Elegit he is satisfied there the Conusor may enter on his Land Co. 2. Part. Inst 600. In the last place I will give you the Statutes concerning this matter Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled a Writ of Execution shall be within the year so as the parties shall not need to plead c. Stat. de Acton Burnell 11 E. 1. A Debt acknowledged to a Merchant before the Mayor of London York or Bristol or before a Mayor or Clerk appointed by the King thereunto shall be enrolled And if the Debtor fail of his payment at the day the Debtee or his Executors may call for Execution and upon notice thereof to the Mayor and Clerk they shall cause his Chattels and Moveables to be sold as far as the debt doth amount by Apprisement of honest men and the money without delay shall be paid to the Creditor and in case they cannot sell them they shall cause so much of the moveables to be delivered to him as amounts to the debt and the Kings Seale shall be put to the sale and deliverance and if the Debtor have no moveables within the Mayors Jurisdiction then shall the Mayor send the Recognisance unto the Chancellor under the Kings Seal and the Chancellor shall thereupon direct a Writ to the Sheriff in whose Bayliffwick the Moveables of the Debtor be who shall proceed therein as the Mayor might have done if the Moveables had been in his power If the Apprizors set too high a value on the things that are to be sold they shall be compellable to take them at the same prices and shall
Original Deed. 14 H. 8.10 Broo. Estrange al fait 10. And yeâ if a Statute be made to the Husband and Wife and the Husband alone joyn in making the Defeasance This shall be a good Defeasance Broo. Defeasance 3. 4. That it be made of a thing defeasible and so is a Judgment Statute or Recognisance and so it may be agreed to be upon payment of a less summe than that mentioned in the Statute or âudgement or by the not disturbance of the execution of the Will of S or by the making of a good Estate in Land or the quiet enjoyment of Land bought or the like Fitz. bar 71.20 H. 7.24 21 H. 7.32 5. And it is best done before the execution of the Statute c. yet if the Defeasance of a Statute come after the Execution and be thus That if the Conusor pay so much money then the Statute shall be void It is best to adde these words in the Defeasance That then tho said Statute and the execution thereof shall be void Broo. Defeasance 7. And thus it seems a Defeasance may be after a Defeasance or one Defeasance after another and regularly in that case the last will stand Pasch 8 Jac. C. B. agreed Of an Audita Querela Audita Querela is a Writ lying where one is bound in a Statute Merchant Staple or Recognisance or where a Judgement is given only for debt or damages and the party in Execution for any debt or duty in any such case and he hath a release or some other sufficient discharge of all or part of the duty or some other matter to say in avoidance of the Statute or Judgment but hath no day in Court to plead it nor means to make use of it In this case he may have this Writ which is in the nature of a Commission to examine the equity of the case and give relief to the party in danger by the extremity like to befall him from the rigour of the Law in it Co. upon Lit. 290. Cro. 2.646 The proceedings herein are most properly in Chancery And there first by Venire facias with an Alias and as some say by Pluries upon a Nihil returned And if the Defendant do not then appear by a Distringas ad audiendum Judioium and upon default herein a Judgment is given And upon Bayl given to prosecute and stand to the Judgment he may have a Supersedeas to stay Execution But after Execution there goes a Scire facias and no Supersedeas may be had And this is not returned into the Chancery but where it is grounded upon a Record in Chancery as a Statute and the like And no man by this may get himself to be Bayled in case of a Habeas Corpus upon a bare surmise only but by proof of witnesses in writing Dyer 339. F. N. B. 104. Cro. 3. part 308. Broo. Aud. Quer. 41. Upon the Statute Staple the course is to have the Audita Querela to the Chancellor But upon the Statute Merchant it is to be directed to the Justices de Banco Dyer 332. In this Suit the Nonsuit or Default of any one of the Plaintiffs shall not hurt another Co. 6.25 This Writ will not lye upon a bare surmise onely Dyer 232. Cro. 2. 579 694. But it lyeth for the party himself against whom the Judgment is given and against whom the Statute is made or for his Heir Executor or Admioistrator or either of them upon whom the charge is come or coming If my Ancestor to whom I am heir hath entred into a Recognisance and the Sheriff after his death extend my Land or a Rent out of it I being within age by this Writ I may avoid the Extent so that by this the Infant may avoid not onely his own statute but also the extent of the Statute of his Ancestor Mores Rep. Case 121. If a Statute be taken by one that hath no power to take it and after the Conusor doth enfeoff a stranger of the Land and the Conusee sueth Execution on the Statute the Feoffee may have this Writ to avoid Execution Dyer 35. If an Obligee have a Judgment against the heir of the Obligor and his Land in extent and the Obligee assign away his Estate in it to a stranger and after the heir get a Release of this Judgment from the Obligee he may have this Writ against the Assignee Adjudged Pasch 7 Jac. B. R. Flowers Case Note An Audita Querela is not returnable in Chancery but in ãâ¦ã it is grounded upon a Record in Chancery as a Statute c. And it seems none are to be baffled upon a Habeas corpus by Audita Querela upon a Surmise but it must be proved by writing In Trinity Term 14 Jac. B. R. One Pierce was brought in upon a Habeas Corpus and Surmise That Mosten had recovered in B. R. against Morris in debt upon a Bond had Judgment against Morris the principal and a Capias ad Satisfaciendum against him and after that another Capias against Peirce the Surety which came in upon Habeas corpus and brought an Audita Querela and surmised payment by the principal And Bayl was denyed him by the Chief Justice nullo contradicente This Remedy is given most properly where the Statute is not good as where it wants a Seal or the like for in cases where the Statute is good and the proceed in the execution of it is erronious onely there the relief is properly by Writ of Error Cro. 3.319 494. In all cases therefore where this remedy is given it is requisite that these three things be in the case 1. There must a charge or burthen come or coming upon him that is to have it 2. It must be such a charge or burthen as that whereof by Law he ought to be discharged and disburthened in all or in part 3. It must be in such a case as wherein he hath no other way to relieve himself And therefore it is used and had sometimes to avoid a Judgment and the execution thereof or to avoid a Statute or Recognisance As if a Judgment or Judgment and Execution be had against me and the Plaintiff in facto release me of the debt or I be released of it or of part of it by Law and yet he sueth Execution out against me for the whole I may have may relief by this way So if a Judgment be had against me and another for one debt and one of us is taken in Execution and after either of us get a discharge in fact or in Law of the debt both or either of us must have relief by this way Pasch 40 Eliz. C. B. Monke and Brown Co. 8.152 Plow 72. Dyer 50. If the Conusee of a later Statute extend Lands of the Conusor in one County having Lands in two Counties and after this the Conusee of a former Statute doth extend the moyety of the Lands in the other County onely the Conusee of the later Statute may have this action
RElease of Lands mortgaged 18 Revocation Deed to revoke uses 30. 166 Recognizance assignment thereof 24 Release general 27 143 164 457 489 Release from one that hath lost a deed 27 46 Release of fines and Forfeitures to the King 28 Release or resignation of a trust 29 Release of an annuity 42 628 Release of Dower 45 Revocation of a pretended contract of matrimony 97 Rent reserved grant thereof 117 Release of Lands upon performance of Articles 124 165 502 Recovery Covenants to pass a Recovery c. 133 207 266 Release by one used in trust 141 Revocation of a Suit 142 Release of Errors 144 Release upon receit of a legacy 164 351 Recovery deeds of Settlement thereupon 250 254 260 Release of a Proviso 319 320 321 Release of a Recognisance 340 Release of an extent Bond c. 350 Release between Purchasors 359 Rejoynder the form thereof 428 Replication the form thereof 429 Release to a purchaser 445 Release confirmation 453 Release from an Executor 456 Redemise of Lands mortgaged 466 Release of Land in exchange 589 Release where 3 have Estate of inheritance 622 Release of a conditionall assignment 623 Release of a Mannor 624 Release of rent reserved 626 Release of a condition c. 627 629 S SAle A bill of Sale 17 Scavenger and Raker Indenture between them for cleansing the streets 31 Sale of the moiety of a Rent reserved by Lease 88 Surrender of a Lease for lives c. 142 Suit revocation thereof 142 503 Surrender of Copyhold lands by way of Mortgage 173 Settlement by fine and Recovery of lands to raise money to pay debts and childrens portions 280 Sale of goods by the Sheriff bayliff 359 Sheriff discharge to him 388 Statute assignment thereof 418 Sub-poena affidavit of Serving thereof 428 Stewardship of a Mannor grant thereof 458 644 Surrender acknowledgment of what estate was granted and how 492 Settlement Indenture thereof well penned 541 Swans and Swan-marke Bargain and Sâle of it 617 Survivorship Indenture to avoid it 636 637 T TYthes a Lease thereof 43 Transport of Goods in a ship 232 Tripartite deed of Lands c. in trust till a joynture made 273 Testimonial of a house and good burnt 358 Trust declaration thereof 375 444 461 496 500 Tenant poynts of law between Lord and tenant c. 393 Trust acknowledgment thereof 408 409 Tayle estate tayl barred by Indenture 463 V USe deed to lead the use of a fine 107 Uses declared by deed with good covenants 278 378 487 Uses revoked by deeds c. 397 W WIll the form thereof 46 The preamble of the same 179 Warrant of Atturney to confess a judgement 206 349 Warrants to acknowledg Satisfaction 206 352 Warrants of Atturney in general 349 352 Warrant of a Master in Chancery upon a Reference 428 Warrant to keep a Court 503 Warrant for a Buck and Doe 646 The Table to the Fourth Part. A. Audita Querela the Nature of it where it lyes and for what 723 724 725 Where returnable 725 B. BArgain and Sale definition thereof 694 Rules concerning the same 695 Time for Inrollment 696 Presidents thereof 698 C. COncords of Fines Presidents thereof 662 663 Cases concerning Fines 670 Cases concerning Recoveries 688 Cases concerning Bargain and Sale 696 Cases concerning Execution in its several kinds c. 705 Cases concerning Statutes and Recognisances 718 D. DEpheasance the Nature of it 722 Rules concerning the same ibid. Distresses and Replevin what they are where they lye for whom and what 726 727 E. EXemplification of a Fine 664 665 Executions the several sorts thereof 703 What is lyable thereto et è contra 714 Escape what shall be so judged 726 F. FIne definition thereof 661 Proceedings therein 661 662 Foot of a Fine 667 I. INdenture of Covenant for a Recovery to be suffered 682 Another declaring the Uses of a Recovery already suffered 683 Judgment and the Execution thereof 700 How a Judgment shall be executed 701 P. PResident of a Lease to make a Tenant to the Praecipe 677 Proviso for Revocation of Uses 684 Presidents of Bargain and Sale 698 R. REcovery definition thereof with the Formalities and Efficient causes 675 Proceedings therein ibid. President thereof in the Hustings London with double Voucher 678 Revocations of Uses according to former Indentures c. 686 Replevin the nature of it and for what it lyes 728 Statutes concerning it 728 729 S. STatutes relating to Fines c. 673 Statutes relating to Recoveries c. 692 Statutes concerning Judgments and their execution 702 Sheriff his Duty in doing Execution 705 Statutes concerning the same 709 Statute or Recognisance the nature thereof 710 711 Forms thereof ibid. et 712 Where a person shall be contributory thereto 726 Rules concerning the same 713 Proceedings thereon 715 Sureties how to be proceeded against 718 Statutes relating to Recognisances c. 719 720 Statutes concerning Distresses and Replevins 727 V. USe of a Fine Indenture to âead it in several Forms and Cases 668 684 Uses how they may be declared and when and by whom 669 670 Uses declared upon Revocation 688 W. WArrant of Atturney and Ded. Pot. the form thereof 677 678 What requisite thereto 678 FINIS