c. To Tho Jennings Bayliffe of the said Mannor per me T. D. Sene sc Give notice likewise to all the tenants of the said Mannor that at the Court to be holden as abovesaid they enter their lands and services lest they be compelled to hold of some other Lords and by other services It is a safe course both for Lord and Tenants and it shall be no charge to the Tenants The Patent whereby Serjeant Henden was made Baron of the Exchequer TO all c. Know yee that we of our especiall grace certaine knowledge and meer motion have given and granted and by these presents do give and grant unto our beloved and faithfull Edward Henden Serjeant at Law the Office of one of the Barons of our Exchequer and the said Edward Henden to be one of the Barons of the Coife in our Exchequer we do make and ordaine by these presents to have hold and occupy the aforesaid Office unto the said Edward Henden so long as hee pleaseth us And also we give and grant unto the said Edward Henden for the exercise and execution of the Office aforesaid al and singular wages fees annuities monies freedomes allowances commodities profits emoluments liberties priviledges dignities enjoyments authorities estimations preâ—eminencies to the said Office of one of the Barons of our Exchequer aforesaid due or belonging or to be due or appertaining to have hold perceive use and enjoy the said wages fees regards monies freedomes allowances commodities profits emoluments and all and singular other the premises to the said Edward Henden by the hands of our Treasuror and Chamberlaines and other our Officers or otherwise to all intents and purposes for in and with the Office of a Baron of the Exchequer aforesaid whatsoever belongeth or heretofore due used and accustomed c. A Warrant to one of the Receivers of the revenues of the Dutchy for payment of 5 l. every term yearly to Sr Edward Henden Knight one of the Barons of the Exchequer TO our trusly and welbeloved S E. Esq our generall Receiver of the revenues of the possessions parcell of our Dutchy of Lanc greeting We will and require you forthwith upon receipt hereof to pay or cause to be paid unto Sir E H. Knight one of the Barons of the Exchequer and one of the Judges assistants of our Court of Dutchy of Lancaster at Westminster the sum of 5 l. of lawfull mony of England in the name of his fee for every terme yearely during the time that he shall continue a Judge assistant to the said Court of Dutchy and not to faile hereof and for so doing these Letters shall be unto you the said Receiver your heires executors and administrators a sufficient warrant and discharge against c. for paiment thereof from time to time respectively as the case shall require and also unto the Auditor and Auditors of the said Dutchy to make unto you due allowance thereof upon your next accompt to be made and taken before him or them in that behalfe Given at Westminster under the Seale of the said Dutchy the one and twentieth day of February in the year of our Lord God c. A Condition to save a surety harmelesse THE Condition of this present Obligation is such That whereas the above bounden A B. together with the above named T D. and one I F. Citizen and Mercer of London by their Obligation of the date hereof stand jointly and severally bound unto I W. of London Widdow in one hundred and fifty pounds of good and lawfull mony of England for paiment of one hundred and foure pounds of like money on the twentieth day of June next comming at the now dwelling house of R A. Sâ—r. scituate on Corne-hill London as by the same Obligation and Condition may appeare In which Obligation the said T D. is so become bound at the request and for the only debt of the said A B. If therefore the said A B. his executors administrators or assignes do in discharge of the said recited Obligation truly pay or cause to be paied unto the said I W. his executors administrators or assignes that the said sum of one hundred and four pounds on the day and at the place of paiment aforesaid that then c. Or else c. ANOTHER THe Condition of this present Obligation is such that wheras the within named T D. at the speciall instance and request and for the only debt of the within bounden E G. standeth bound with the said E G. unto one K H. of London Merchant in the sum of one hundred and sixty pounds of c. by Obligation bearing date c. with condition for the true payment of the sum c. at or upon c. next ensuing the date of the said obligation at the house of c. as by the said recited obligation and Condition more at large appeareth If therefore the within bounden E G. his heires executors or administrators or any of them do well and truly content and pay or cause to be contented and paid unto the said K H. his executors or administrators or assignes the said sum c. at the time and place limited for the paiment thereof according to the purport of the said condition of the said recited Obligation and thereof do from time to time and at all times hereafter well and sufficiently save and keep harmlesse and indempnified the said T D. his heires executors administrators and assignes and his and their Lands Tenements goods and Chattels against the said K H. his heirs executors administrators and assigns That then c. Or else c. The Award of Serjeant Henden made the 28 day of January 1631. Between R A. and I C of the Parish of B. in com Kanc. TO al persons to whom these present wirtings Indented shall come E H. Serjeant at Law sendeth greeting whereas R A. of B in the County of K. Yeoman and I C. of B. aforesaid Yeoman have by their severall writings obligatory bearing date c. Anno Dom. c. bound themselves each to other in the sum of 500 l. a piece of lawfull English money Conditioned to stand to obey perform fulfill and keep the award arbitriment ordinance determination and judgment of me the said E H. Arbitrator indifferently named appointed elected and chosen as wel on the part and behalfe of the said R A. as on the part and behalfe of the said I C. to arbitrate award decree judge rule and determine of for upon touching and concerning all and all manner of actions and causes of actions sutes quarrels variances discords debates duties accounts trespasses claims controversies and demands whatsoever had moâ—ed stirred commenced or depending between the said parties for any matter cause or thing whatsoever from the beginning of the world untill the day of the date of the said Obligation so that the said arbitrement ordinance decree finall determination and judgement of me the said E H. of and upon the said premises were
excepted shall and will from time to time and all times hereafter during the space of c next ensuing the date of these presents upon reasonable request and at the costs and charges in the Law of the said I. F. his Heirs or Assigns knowledge make do execute and suffer or cause to be made done knowledged and suffered all any very such further and reasonable act and acts thing and things devise and devises in the Law whatsoever for the further assurance of the said premises And that if the Recoverer do pay the money according unto the proviso that then the Recoveree will make further assâ—rance likewise of these lands or any part thereof according to the purport true meaning of these presents other than the said Manor-house c. And such part and parcel of the said premises as is before bounden and limited out be it by Fine Feoffment c. And further if the said I. F. his c. or any of them shall well and truly content and pay or cause to be well and truly contented and paid unto the said H. P. his Executors c. the said sum of c. according unto the purport and true meaning of the said proviso at the time and place limited for the payment thereof that then the said H. P. his Heirs and Assigns and all and every other person and persons whatsoever any estate interest or thing having or lawfully claiming to have of and in all or to any part of the said Manor Messuages c. before by these presents mentioned to be bounded out shall and will from time to time and at all times after the payment of the said sum of c. according to the said proviso during the space of c. next ensuing such payment at the costs charges in the Law of the said I. F. c. knowledge do make execute c. for the further absolute assurance better surety and surer making and conveying of the said Manor-house Messuages c. before mentioned to be boundent out be it by Fine Foeffment c. ¶ An Indenture to lead the use of a Fine and Recovery THis INDENTVRE Tripartit made c. Between I. G. of c. of the first party R. R. of c. of the second party and T. A. of c. of the third party Witnesseth that for divers good causes and considerations it is covenanted granted concluded condiscended fully agreed upon by and between all the said parties to these presents either of the said parties do by these presents for theÌ„ their heirs c. covenant grant conclude condiscend and fully agree to and with th' other their Heirs Executors Administrators and Assigns in manner and form following that is to say that the said I. G. shall and will before the c. next c. at his own proper cost charges in the Law before the Iustices of the Court of Common-pleas at Westminster knowledge one Fine sur cognizance d. drâ—it come ceo que il ad d. son done unto the said R. R. and T. B. with Proclamations according to the form of the Statute in such case made and provided in due form of Law to be levied of all that the Messuages c. situat lying and being in the Parish of H. in the said County of K. now in the tenure or occupation of A. T. the younger and sometime were the lands tenements and hereditaments of W. H. deceased by certain names number of acres and quantity of land in the said Fine to be contained By which fine the said I. G. shall acknowledge the said Messuages c. and all and singular other the premises with th' appurtenances to be the right of the said R. R. and T. B. as those which the said R. R. and T. B. shall have of the gift of the said I. G. and the same shall remise release and quit claim unto the said R. R. and T. B. and their Heirs forever which said Fine so to be acknowledged and levied and the execution thereupon to be had and taken and the said Messuages c. shall be adjudged deemed and taken to be and every part and parcel thereof to the only use and behoof of the said R. R. and T. B. their Heirs Assigns for ever and not to any other use And further that the said R. R. and T. B. shall after the said Fine so to be acknowledged and levied permit and suffer the said T. A. party to these presents and I. G. to purchase and sue forth against them the said R. R. and T. B. one Writ of Entry sur disseisin en l' post c. and therby to demand against them the said R. R. and T. B. the said Messuages and all other the premises with the appurtenances by certain names in the said Writ to be contained unto which said Writ so to be purchased the said R. R. and T. B. shall appear gratis and Vouch to warrant the said I. G. which said I. G. shall likewise appear gratis and enter into Warranty plead and after make default and that thereupon judgement shall be given that the said T. A. party to these presents and the said I. G. shall recover the said Messuages and other the premises with the appurtenances against the said R. R and T. B. and that they shall recover over in value against the said I. G. and that he shall recover in value against the Common Vouchee so that a perfect recovery therupon be had And that all the said parties to these presents the said Common Vouchee shall make do and execute all and every matter and thing meer necessary and expedient for the prosecution of the said Recovery according the course of common recoveries with double Voucher in such case used which said Recovery so to be had and executed and the execution thereof shall be and inure to the only use and behoof of the said I. G. his Heirs and Assigns for ever and not to any other use intent or purpose In witnesse c. ¶ An Indenture to lead the use of a Fine only THis INDENTURE made c. Between L. R. of c. of th' one part and W. R. of c. of th' other part Witnesseth that it is covenanted c. by and between the parties to these presents and the said L. R. for her her Heirs Executors Administrators and Assigns doth covenant c. in manner and form following that is to say that she the said L. R. shall and will before the Feast of c. by Fine in due form of Law to be levied in the Court at Westminster before the Justice of the Common Pleas with Proclamations according unto the form of the Statute in that case provided acknowledge all that the Barn c. hereafter mentioned that is to say one Barn c. in W. aforesaid whether more or lesse thereof there be had called and known by the names c. and bounding and abutting in manner
tenor force and effect of these presents only and whatsoever my said Attorney shall so do or cause or suffer to be done in the premises I do ratifie and confirm In witnesse c. A Condition of an Obligation with the usual Covenants for the better assurance of the Lands Mortgaged THe Condition c. That whereas the above bounden S.S. hath by his Deed indented bearing date c. for and in consideration of a certain sum of money in the said Deed specified given granted and confirmed unto the above named T. B. his Heirs and Assigns three parcels of Land and Meadow in the said Deed indented mentioned whereof the one is called c. containing in all by estimation c. or thereabouts with proviso or condition in the said Deed Indented contained That if the said S.S. his Heirs Executors or Assigns do pay unto the said T. B. his Executors or Assigns the sum of c. at a certain day and place in the said Deed indented specified That then the said Deed Indented seison thereupon delivered shall be void as in the said Deed indented at large appeareth If therefore the above said T. B. his Heirs or Assigns Covenant for peaceable enjoyment and in default of payment for further assurance c. shall or may from time to time and at all times here after peaceably and lawfully have hold and enjoy the said 3 parcels of Land all singular their appurtenances according to the purport intent of the said Deed indented And further if the above bounden S.S. his Heirs c. shall happen to make default in payment of the said sum of c. or of any part thereof at the day or place in the said Deed Indented limitted for the payment thereof Then if the abovesaid S.S. his Heirs c. every other person or persons any right interest or thing having or lawfully claiming to have in to or out of the said 3 parcels of Land or any part or parcel thereof shall or will from time to time and at all times hereafter during the space of c. next after default in payment to be made upon reasonable request and at the costs and charges in the law of the said T.B. his Heirs c. knowledge make do execute suffer or cause to be done knowledged executed suffered all every such further lawfull and reasonable act acts thing things devise devises in the Law whatever for the further assurance better suerty surer making and absolute conveying of the said 3 parcels of Land with th' appurtenances and of every part parcel thereof unto the said T. B. his Heirs and Assigns for ever as by the said T. B. his Heirs or Assigns or by his or their learned Connsel in the Law shall the reasonably devised or advised Be it by Fine Feoffment Recovery or otherwise with warranty against all persons or without warranty That then c. Or else c. A ConditioÌ„ of an Obligation to perform Covenants of an Indentute THe Condition c. that if the within bound I. R. his Heirs Executors Administrators and Assigns and every of them do from time to time and at all times hereafter well and truly observe perform fullfil and keep and singular the Convenants grants and agreements which on his and their part are to be observed performed and kept mentioned conteined specified or declared in one pair of Indentures bearing date c. made between the said I. R. of th' one part and the said I. G. of th' other part according to the purport effect intent and true meaning of the said Indenture That then c. A Condition to abide an Award for Lands in controversie THe Condition c. That where deivers controversies variances debates and sutes have been risen grown and are yet depending between the above named T. W. of th' one part and the above bounden I C. of th' other part touching c. lying in the Parish c. conteining by estimation c. whether more or lesse and touching the estate and title thereof for appeasing whereof the said parties have of their mutual consents assents and agreements submitted themselves to the order award and determination of L. W. and E. P. or c. and of T. T. of c. Arbitrators indifferently elected and chosen as well on the part and behalf of the said I. C. as on the part c. to arbitrate order determine rule and judge touching and concerning the premises So as the said award be made by the said Abitrators on this side the c. If therefore c. That then c. Or else A Condition to abide an award c. and to stand to the Order of an Umpier THe Condition c. That if the within bounden R. P. c. do for his and their part stand to obey perform fulfill and keep the award Arbitrement ordinance determination and Iudgement of c. Arbitrators indifferently named c. aswell on the part and behalf of the within bounden R. P. as on the part c. to Arbitrate c. of for upon touching and concerning all and all manner of Actions and causes of actions sutes quarrels variances discords debts debates accompts Covenants trespasses claims controversies deeds had moved stirred commenced or depending between the said parties for any matter cause or thing whatsoever from the beginning of the world unto the day of the date within written So that the said Arbitrement c. of the said Arbitrators of and upon the premises be made and given by them the said Arbitrators in writing Indented under their hands and seals ready to be delivered unto the said parties demanding the same on this side or before the c. And if it shall happen that the said Arbitrators cannot nor do not make any award or agreement between the said parties within the time and space before limited That then if the said R. P. his Heirs and Assigns do likewise stand to obey perform fulfill and keep the award arbitrement determination judgement of W. B. Vmpier between the said parties indifferently named elected and chosen to Arbitrate award deem judge rule and determine of for upon or concerning the premises so that the same award ordinance decree determination and judgement of the said Vmpire be made and given up in writing indented under his hand and seal on this side and before c. That then c. Or else c. ⧠A Condition to save a Surety harmlesse THe Condition c. That where the within named E. P. at the special instance and for the only debt of the within bounden I. C. stands joâ—ntly and severally bounden with the said I. C. and with the within bounden H. T. unto one R. C. c. in 20 l. of c. by obligation bearing date c. with Condition thereupon indorsed for true payment of the sum of c in and upon the c. as the said recited obligation and condition
The Perfect Conveyancer OR SEVERALL SELECT CHOICE PRESIDENTS Such as have not formerly been printed Collected by Four several Sages of the Law EDWARD HENDEN Knight late one of the Barons of the Exchequer VVILLIAM NOY Attourney Generall to His late Majestie ROBERT MASON sometime Recorder of London And HENRY FLEETWOOD formerly Reader of Grayes-Inne Wherein are contained many excellent Examples and Instructions touching the manner and method of Conveyances usefull for all Persons that are Professors in the Law and desire to be rightly and judiciously informed With an exact Table for the Readers more ready recourse to any the particulars contained therein The second Edition much Corrected and Amended A Commum observantia non est recedendum Magister rerum usus 1. Instit Sect. 371 Brevis via per Exempla long a per Praecepta 1. Instit Sect. 372. 445. Touching the great use and benefit of Presidents LONDON Printed by F. L. for George Thompson at the White Horse in Chancery-lane near Lincolns Inne 1655. The Epistle to the Reader Courteous Reader T Is a memorable saying and no lesse antient than experimentally true That there would not be wanting Homers if there were not wanting Alexanders non deessent Homeri si non deessent Alexandri 'T is honour that nourishes Arts honos alit artes and surely I may without the least guile of flattery confidently affirm That it was a noble and lawfull emulation to purchase unto themselves deserved honour that made these venerable Sages of the Law by their indefatigable labours to become so transcendent in knowledge of which what the learned Heathen once said of Mans Soul I may now more justly affirm that it is divina particula e divina mente delapsa And sure if there be any study one more mysterious than other the Law will in no kind challenge the second place How much then they deserve that have enucleated so grand a mystery nay more well remembring that they were not borne for themselves alone but for their Countries good have with no small pains nay I may rather justly affirm with an Herculean labour brought to light so many rich and unparalell'd gemmes of knowledge as are here commended to thy publique view A worke absit jactantia verborum no lesse usefull than commendable it were to light a candle at noone day to speak in the praise of that which abundantly speaks its own worth and not to commend the Authors were to discommend my own judgement who am a true Lover and willing Student of so noble so necessary so deservedly commendable a Science Jus suum cuique tribuere is the end of the Law and I wish every one might attain that end what a happy Commonwealth should we then have learning nor learned Men would not then find so many Enemies it being an undoubted Maxime Scientiam non habere majorem inimicum praeter ignorantem To them I will not commend this work and to others I need not it doeth sufficiently commend its self As it was written for the Weale-Publiques good so I wish it may publickly be entertained And thus I silence to speake more because it doeth highly speak its own worth all I shall crave from the knowing Reader is first to read then censure Farewell Thine if thou art a candid Lover of the Law R. M. Barrister of that Honourable studie The Stationer to the courteous Reader THough many Books of this nature have been by many deserving Men maturely verss'd in the knowledge of the Law formerly commended to the Pressë for the benefit of the Republique yet withoâ—â— the least ostentation of this so industrious so laborious so usefull a work or derogation from others who have imployed their Talent to the same end none if the opinion of knowing Men who had the perusal of this before it took life from the Presse doth seem more necessary or usefull for these present times Here are happy Presidents selected out of the choicest of former Ages and although the Law be a Labyrinth yet here is an Ariadne's Thred to lead thee out of it Buy it freely 't is for thy own profit as well as mine it being a Golden Library taken out of the principles of Law which thou mayest purchase for a reasonable summe of Silver not to presse thee or to oppresse my self 't will counsell thee without a Counsellours Fee 't is then if I mistake not good policy to lay out some money upon such tearms as will bring in such gallant usury Farewell T. G. A Table for the following Book A AN assignment of a statute staple whereupon execution hath been had and of all such lands as are thereby extended with special Covenant Pag. 57 An assignment of the Moity of the lands which the Lessee hath with diverse special Covenants Pag. 77 An assignment of a Lease Pag. 99 An assignment of two Leases by an Assignee made of several lands by several persons Pag. 128 An arbitrement Pag. 166 An assignment of a Bond by Deed Poll together with a Letter of Attorney irrevocable and usual Covenants for the same Pag. 171 An assignment of an Executorship with Covenants from the Assignee to save harmlesse c the Assignor also a grant of an annuity Pag. 175 An assignment from the Committee of the body and lands of a ward Pag. 180 An acknowledgement of the receipt of certain monies due upon the sale of certain lands and a release of the same and of all security taken therefore and a release of all Covenants in certain Indentures with a general release Pag. 188 An assignment of Dower by the heir uâ—… to the feme Pag. 190 An assignment of a debt unto c. Pag. 203 An attornment of the Lessee of the lands conveyed by the Feoffment upon livery and seisin Pag. 219 The award of Serjeant Henden made the 28 day of January 1631. between R.A. and I. C. of the Parish of B. in Com. Kanc ' Pag. 227 An assignment of tithes in a very good form Pag. 407 An assignment of a lease of lands made by the c. which were seised for a debt to c. by obligation penned by William Noy Esq Pag. 415 An assignment of Letters Patents for a Water Mill from c. and made over for the assurance of a Marriage portion with other Covenants penned by Councel Pag. 422 An assignment of divers estates in a very good form penned by R. Mason Esq Pag. 460 An annuity made to the use of the poor people in certain Parishes penned by Councel Pag. 477 B A Bargain and sale upon Condition for the payment of a certain sum of money upon a day by the Render to the Rendee with warranty against all men in manner c. of an usual Indenture of Mortgage Pag. 32 The Bargainer doth covenant with the Bargainee that he is seised of an estate in fee in his own right and that he will free him from all evictions c. except from R. c and that he will
yearly value of 25 l. of current English money over and above all charges and reprizes whatsoever And the said I. H. was at the time of the ensealing of the said recited Indenture seised in reversion in fee-simple or fee-tayl and the estate and interest in possession being but one life only and no more of such part residue of the said premises by the said recited Indenture given granted conveyed bargained and sold or meant or intended to be by the same given granted conveyed bargained sold as doth amount unto the clear yearly value of 25 l. over and above all charges and reprizes whatsoever And that all the whole premises by the said recited Indenture given granted bargained conveyed sold or meant or intended to be by the same given granted bargained conveyed and sold being in possession and reversion are of the clear yearly value of 50 l. over and above all charges whatsoever Covenant to deliver the evidences bargained sold to the bargainee c. before such a day And the said I. H. doth further for him his Heirs Executors Administrators and Assigns covenant promise and grant to and with the said E. H. his Heirs Executors Admistrators and Assigns That he the said I. H. his Heirs Executors or Assigns shall fully deliver or cause to be delivered unto the said E. H. his Heirs Executors Administrators or Assigns at or before the Feast of Saint James the Apostle next ensuing the date hereof at or in the now dwelling-house of the said E. H. situate in K. aforesaid all such Deeds Charters And that the bargainer was seised of a sure indefeisable estate in fee-simple or fee-tayl and that there is no impediment whereby the premises may not be sold or the use thereof arise and be transferred in possession or reversion Exemplifications and Writings whatsoever as are by the said recited Indenture given granted bargained and sold unto the said E. H. his Heirs and Assigns And also that he the said I. H. was at the insealing of the said Indenture lawfully seized of the said premises with the appurtenances in the said recited Indenture specified and contained of a good sure perfect absolute and undefeazable Estate in Law in fee-simple or fee-tayl without any condition limitation future or contingent use or uses and that there is not any let hindrance or impediment whatsoever whereby all singular the said premises in the said recited Indenture specified and contained with the appurtenances and every part and parcell thereof may not be given granted bargained and sold or the use and uses thereof and every part and parcel thereof shall or may not spring arise and be transferred in possession or reversion unto the said E. H. And that the bargainer may enjoy the premises under the condition in the said recited Indenture specified without any lawfull interruption of any person except M. which hath an estate for life in part of the premises according to the purport of the said recited Indenture his Heires and Assigns according unto the intent purport and true meaning of the said recited Indenture And also that the said E. H. his Heirs and Assigns under the proviso and condition in the said recited Indenture specified shall may quietly peaceably without any lawful let vexation molestation or disturbance of the said I. H. his Heirs or Assigns or any other person or persons whatsoever the estate of M. H. mother of him the said I. H. of and in parcel of the said premises only for term of her life excepted and fore-prised Have hold occupie and enjoy the said premises by the above-named Indenture given granted bargained and sold or meant or intended to be by the same Indenture given granted bargained and sold and every part parcel thereof with the appurtenances to him the said E. H. his Heirs and Assigns according unto the intent purport and true meaning of the said recited Indenture and the clauses and articles therein contained And also that the said four Messuages Lands Tenements Hereditaments And that the premises by the said recited Indenture bargained sold were and shall continue free from all former bargains states joyntures c. and all and singular other the premises by the above-written Indenture give granted bargained and sold or meant or intended to be by the same given granted bargained sold and every part parcel thereof with the appurtenances at the time of the ensealing and delivering of the said Indenture were and so under the proviso condition in the said recited Indenture contained shall be continue unto the said E. H. his Heirs and Assigns free clear and exonerated and discharged of from all former bargains states joyntures dowers morgages judgments executions recognizances fines forfeitures The Rents due to the Lords of the Fee and two several estates for lives of several parts of the premises excepted fines for alienations rent-charges rent-sects and of and from all and all other manner of charges and incumbrances whatsoever The rents and services now due or hereafter to be due unto the Lord or Lords of the fee of the said premises and one Estate made unto M. G. in the one half of the said premises for term of her natural life only and no longer and one other Estate made unto D. H. now wife of the said I. H. of and in one part of the other half of the said premises for the term of the natural life of the said D. H. only and no longer always excepted and foreprized Covenant by the bargainee that the bargainer shall receive the rents take the profits of the premises bargained sold until the bargainer shal make default in payment of the sum in the Proviso in the said recited Indenture contained And the said E. H. doth for him his Executors and Assigns Covenant and grant to and with the said I. H. his Executors and Assigns that he the said E. H. his Heirs and Assigns shall and will permit and suffer the said I. H. his Heirs assigns to take receive levy the rents profits of the said premises by the said recited Indenture given granted bargained and sold or meant or intended to be by the same given granted bargained sold until he the said I. H. his Heirs or Assigns shall make default or fail in payment of the said sum of 300 and 50 l. in the proviso in the above-recited Indenture contained all things before specified to the contrary notwithstanding In witness whereof the parties abovenamed to these present Indentures their hands and seals interchangeably have put the day and year first above-written Annoque Dom. 1624. A Release of Waste and Estrepement and of arrerages of Rent actions of Covenant and Debt TO all true Christian People to whom this present writing indented shall come T. B. of S. in the County of K. Esq sendeth greeting in our Lord God everlasting Know ye that I the said T. B. for divers
all other hereditaments whatsoever they be lying and being in S. aforesaid which A. P. Father of the said H. sometimes purchased had of I. F. Esq by certain names number of acres and quantity of land to be in the said writ contained unto which said wri◠so to be purchased the said H. P. shall appear gratis vouch to warranty the common Vouchee who shall likewise appear gratis enter into the warranty and plead and after make default and that there upon judgment to be given that the said I. F. shall recover the said Manor messuages lands tenements hereditaments all other the premises with the appurtenances against the said H. P. and the said H. P. shall recover in value against the common Vouchee so that a perfect recovery may be thereupon had and that both the said parties to these presents and the said common Vouchee shall at the costs and charges in the Law of the said I. F. make do and execute all and every matter and thing whatsoever meet necessary or expedient for the prosecution of the said recovery according unto the course of common Recoveries with single Voucher in such cases which said recovery so to be had and executed and the execution thereof and the said Manor messuages lands tenements hereditaments all other the premises shall be to the only use behoof of the said I. F. his Heirs and Assigns for ever Provided that if the said I. F. his Heirs Executors Administrators or Assigns Proviso that if the recoverer fail in payment of such a sum that then the use limited to him to be void shall not well and truly content and pay or cause to be well and truly contented satisfied and paid unto the said H. P. his Heirs Executors Administrators or Assigns in or upon the c. which shall be c. the sum of c. at or in the now dwelling house of the said H. P. situate in H. aforesaid but in payment thereof or of some part thereof shall make default contrary to the effect intent true meaning of these presents that then and from thenceforth the uses before limited of or concerning the said Manor-house or principal messuages or tenements also of or concerning all those lands c. shall cease and determine and the then and from thenceforth the said Manor-house c and the said Recovery thereof as aforesaid to be had and executed and the execution thereof to be taken for and concerning only so much of the said premises as are before mentioned to be bounden out and the use thereof and all and every other person and persons that shall stand or be seized thereof or of any part thereof shall from and after such default in payment to be as aforesaid made by the said I. F. his Heirs Executors Administrators Assigns or any of them of all or any part of the said sum of c. stand and be thereof seized to the only use and behoof of the said H. P. his Heirs Assigns for ever and not to any other use or uses and the said H. P. for him Covenant that the land under the condition aforesaid is shall continue either acquitted or sav'd harmlesse from all former bargains c. except the condition aforesaid and the rents due to the Lord of the Fee his Heirs Executors Administrators and Assigns doth by these presents covenant and grant to and with c. in manner and for following that is to say that the said Manor Messuage c. at the time of the ensealing delivery of these presents be and so from time to time at all times hereafter under the said proviso and condition before mentioned shall remain continue and be unto the said I. F. his Heirs and Assigns according to the limitation and use aforesaid either clearly acquitted and discharge and sufficiently saved harmlesse of and from all and all and all manner of former bargains sales gifts alienations Leases Conditions c. whatsoever before had made done executed or committed by the said H. P. his Heirs or Assigns or by H. P. Esq deceased Father c. his Heirs or Assigns or by any other persons or persons by their consent means or procurement or either of them or by reason or means of any other act or thing whatsoever Or else that the recoveree will if the recoverer shall be lawfully expulsed except by such incumbrances before excepted within c after notice of such expulsiō pay so much as the recoverer shall be damnified thereby heretofore or before the making or conveying of the first estate or assurance of the said premises to the said I. F. to be had made done executed or committed by the said H. F. his Heirs or Assigns or by any other person or persons whatsoever by his or their consent means or procurement All such incumbrances which are or shall be or happen by reason or means of the said proviso And the rents payments and services from henceforth to grow due or payable for or by reason of the premises or any part thereof to the Lord or Lords of the Fee or Fees thereof and one Lease heretofore made by the said H. of a Tenement c. which upon the yearly rent of c. is reserved shall or ought to be payable during the term yet to come unto the said I. F. his Heirs and Assigns only excepted or else that if and as often as the said I. F. his Heirs and Assigns shall at any time or times hereafter happen to be without fraud or covin lawfully expulsed or evicted of all or any part of the said Manor Messuages c. except by reason of such incumbrances as be before excepted That then and so often the said H. P. his Heirs Executors of Assigns shall and will within c. next after notice to him or any of them given by the said I. F. his Heirs or Assigns of any such eviction expulsion or damnification except before excepted well and truly pay and satisfie unto the said I. F. his Heirs Executors Administrators or Assigns so much as the said I. F. his Heirs or Assigns shall sustain or be damnified by means of any eviction expulsion or damnification upon or by reason of any the incumbrances aforesaid except before excepted And further the said H. P. doth by these presents for him his Heirs Executors Administrators and Assigns and every of them Covenant to make further assurance of the premises other than of the Lands contained under the proviso Covenant and grant to and with the said I. F. c. that he the said H. P. his Heirs and Assigns and all and every other person or persons whatsover any estate interest or thing having or lawfully claiming in all or any of the said Manor Messuages c. or any part thereof by from or under him the said H. P. his Heirs or Assigns other than the said I. R. concerning the said interest or lease before
and form following that is to say by such names number of acres and quantity of Land Meadow and Pasture as in the said Fine shall be mentioned to be the right of the said W. R. as that which the said W. R. hath of the grant of the said L. and that the said Fine so to be levied and the execution thereupon to be had or taken shall be to the only use and behood of the said W. R. his Heirs and Assigns and not to any other use or uses In Witnesse whereof c. An Indenture to lead the use of a Recovery THis INDENTURE Quadrupartit made c. Between H. P. of c. of the first party T. P. of c. of the second party I. T. and I. S. of the third party and A. P. of c. Widow late wife of T. P. deceased of the fourth party Witnesseth that for divers c. it is covenanted c. by and between the said parties to these presents and either of the said parties do by these presents covenant c. to and with th 'others in manner and form following that is to say that the said I. T. and I. S. shall on this side and before the Feast of c. next ensuing c. purchase and sue forth out of the high Court of Chancery one original Writ of entre sur disseisin in l' post against the said H. P. retornable before the said Iustices c. at a certain time in the said Writ to be mentioned and by the said Writ shall demand against the said H. P. all the Lands c. Situate lying and being in H. and W. or in either of them in the said County of S. called or known by the name of c. or by whatsoever other name or names the same been called or known or as part parcel or member thereof reputed esteemed or taken containing in all by estimation c. whether more or lesse also all and singular other the premises with th' appurtenances in H. W. aforesaid or in either of them which the said H. P. late purchased or had of the gift or grant of the said T. P. party to these presents by certain names number of acres and quantity of land in the said Writ to be specified unto which said Writ the said H. P. shall appear gratis and take upon him the Tenancy of the said Lands Tenements and other the premises with the appurtenances and Vouch to warranty the said T. P. party to these presents who shall likewise appear gratis and after shall make a departure in despite of the Court so that judgment shall be thereupon given that the said I. T. and I. S. shall recover the said Lands c. and other the premises in the said Writ to be cōtained against the said H. P. and that the said H. P. shall recover in value against the said T. P. party to these presents and the said T. P. party to these presents shall recover in value against the said Common Vouchee that execution of the said recovery so to be had shall be made according unto the form of common recoveries in such case used And further the said I. T. I. S. H. P. T. P. parties to these presents and the said Common Vouchee and either and every of them shall and will make do knowledge execute and suffer all and every such act and acts thing and things whatsoever meet necessary or expedient for the prosecution of the said Recovery and the Execution thereupon according to the form and order of Common recoveries with double Voucher in such cases used And it is further covenanted c. by and between all the parties to these presents and either of the said parties doth by these presents covenant grant conclude condescend and fully agree to and with th' other in manner and form following that is to say that the said Recovery of all and singular the lands c. and the execution thereof and all the Lands c. and other the premises shall for ever immediatly from and after the Recovery and Execution had be and remain and all and every person and persons which now at the time of the said Recovery to be had shall stand or be seized of the said premises or of any part thereof shall stand and be of all and singular the lands c. and other the premises or any part thereof seized to the only use and uses hereafter expressed and not to any other use or uses intents and purposes that is to say to the use of the said A. P. for ever during the natural life of her the said A. and after her decease to the use and benefit of the said H. P. his Heirs and Assigns for ever and not to any other use or uses In witnesse whereof c. ¶ A Condition of an Obligation to perform an Arbitrement THe Condition c. That whereas divers and sundry controversies sutes strifes and debates have heretofore been had moved stirred up and yet are depending between th'above-named T. C. and W. W. of c. Brother of th'above bounden R. M. for the ending of which said controversies actions sutes and debates as well the said W. W. and the said T. C. as th'above bounden R. M. who by Letter of Attorney from the said W. W. prosecuteth the said strifes have submitted themselves to the award order rule and judgment of P. M. of c. and one R. B. of c. Arbitrators indifferently elected chosen as well on the part of the said T. C. as on the part of the said W. W. and R. M. to order determine and final end to make of all and all manner of controversies sutes strifes and debates whatsoever heretofore had being or depending between the said T. C. and the said W. W. from the beginning of the world untill the present day of the date hereof If therefore the said W. W. and the said R. M. and either of them their Heirs Executors and Assigns and the Heirs Executors and Assigns of any of them do from time to time for ever hereafter well and truly stand to perform fulfill and keep the award order and final determination of the said Arbitrators concerning the aforesaid premises so as the said award be made and yielded up in writing by the said Arbitrators before c. That then c. ¶ An Indenture for the assurance of Lands in Marriage for the Joynture of the Wife with usual Covenants for the better assurance of the same Lands THis INDENTURE made c. Between H. F. of c. of th' one part and R. T. of c. of th' other part Witnesseth that the said H. F. doth by these presents Covenant and grant to and with the said R. T. that he the said H. shall and will before the c. next c. marry and take to wife M. T. one of the Daughters of the said R. T. if the laws of holy Church will permit and the
the said M. her Executors and Assigns shall and will from time to time and at all times hereafter justifie and allow confirm avow all and every such action and actions sute and sutes plaint and plaints prosecutions judgments and executions as her said Attorney or Attorneys shall have make commence prosecute sue or levy in her name touching the premises and permit and suffer the Attorney to receive take and have to his her their own use and uses all and every such sum and sums of money goods chattels and other things as She her Executors or Administrators ought to have receive and levy as Executrix of the said Will or otherwise by vertue of the said will And further that she the said M. her Executors Administrators and Assigns And further that he will suffer the grantee c. to have the whole execuon of the Will c. shall and will at all times hereafter permit and suffer the said I. S. his Executors Adminstrators Assigns from time to time and at all times hereafter to have the whole execution of the said last Will and all the doings and dealings touching the same and the administration of all the chattels goods debts evidences and leases which were belonging to the said E. at the time of her decease And the said I. S. for him his Heirs c. covenanteth and granteth to and with the said M. her Executors c. by these presents that he the said I. S. his Executors c. shall and will well and truly pay and satisfie all the debts of the said E. deceased and all the legacies in the said Will contained according to the true meaning of the said Will And therefore shall and will at all times hereafter well and sufficiently save and keep harmlesse the said M. her Executors and Administrators In Witnesse whereof c. ¶ An assignment of a Statute-Staple whereupon execution hath been had and of such lands as are thereby extended with special Covenants THis INDENTURE made c. Between S. F. of c. of th' one part and T. R. of c. of th' other part Witnesseth that whereas one I. W. of c. is and standeth holden and firmly bounden unto the said S. F. by one Recog or Bond obligatory made according unto the form of the Statute lately made and provided for the Recovery of debts bearing date c. knowledged taken and sealed before Sir I. L. Knight Lord chief Justice of England as by the said Recognizance appeareth And whereas the said S. F. hath sithence the acknowledgeing of the said Recognizance sued execution thereof and thereupon hath extended divers and sundry the messuages c lying in the said County of S. which were unto the said I.W. at a certain value and hath had the said Messuages c. lawfully delivered unto him in execution upon the said Recog by vertue whereof he the said S.F. hath been and yet is of the said Messuages c. lawfully possessed Now these presents witnesseth that the said S.F. for and in consideration of the sum of c. to him by the said R.T. before the ensealing and delivery of these presents well and truly in hand paid whereof he acknowledgeth himself by these presents to be fully satisfied and thereof acquitted c. hath granted bargained sold assigned and set over unto the said R.T. all singular the said Messuages c. with th' appurtenances which were as aforesaid executed and delivered unto the said S.F. in execution upon or by vertue of the said Recog and all the estate right title interest possession and term which the said S.F. hath or of right ought to have of in or to all the said Messuages c. Together with the said Recognisance Extent and Execution or either or any of them To have and to hold the said Mâ—ssuages c. and all other the premises before by these presents mentioned to be granted sold assigned and set over unto the said R.T. his Executors and Assigns from the East of c. next c. for and during all such time interest estate and term as the said S. F. hath or holdeth or may should or ought to have hold and enjoy the same to all intents and purposes Covenant that the GraÌ„tor hath not done nor that his Executor shall not doe or cause to be done any act or thing whereby to frustrate or avoid this grant or assignment And that the said S. F. doth by these presents for him c. covenant and grant to and with the said R.T. his Executors c. That he the said S.F. heretofore hath not nor that he his Executors c. nor any by his or their means or procurement shall not nor will noâ— make do commit procure or execute or cause to be made done committed procured or executed any act or acts thing or things whatsoever whereby the said Recog Extent and Execution or either or any of thein is already or hereafter shall be released discharged frustrate adnihilated or avoyded or whereby the said Messuages c. and other the premises or any part thereof shall may or ought to be evicted taken had or recovered from the said R.T. his Executors c. And the said R.T. shall or lawfully may from time to time and all times hereafter have hold and enjoy And that the Grance shall enjoy the premises without eviction or disturbance of the Grantor or any one claiming under him all and singular the said Messuages c. with th' appurtenances as aforesaid executed and delivered in execution during and by all such time as the said S.F. his Executors Administrators or Assigns may can should or ought to have and enjoy the same by vertue of the said Recog Extent and Execution or either of them without any eviction or expulsion let or disturbance of the said S.F. his Executors Administrators or Assigns or of any other person or persons any thing therein or in any part thereof claiming by from or under him the said S.F. his Executors and Administrators or Assigns And that saved harmless from all incumbrances And that saved harmlesse of all grants interests charges and incumbrances had made or committed by the said S.F. his Executors c. or by his or their means assent consent or procurement And if the said I.W. shall at any time hereafter pay And that if the Obliger shall pay any mony or other things unto the Grantor that then he shall within such a time pay it to the Grantee or Assignee or cause to be payed unto the said S.F. his Executors or Assigns any sum or sums of money or other thing whatsoever in part of satisfaction of the said Recog Extent and Execution or either of them or of the sum or sums of money in the said Recog contained That then he the said S.F. his Executors or Assigns shall or will within the space c. next ensuing such payment well and truly pay or cause to be payed
Heirs or Assigns without any accompt or other thing therefore yeelding rendring or paying And in default of such assigment after such request as aforesaid made without any assignment to take and have the same timber fewell and fire-boot cart-boot wayn-boot gate-boot and plough-boot so as before to be expended or spent and not otherwise And further the said I. M. for him his Heirs c. doth by these presents Covenant and grant Covenant that Lessee shal not sow or cause to be sown such ground by such sapce before the end of the term Covenant that if the Lessor c. shal cut down any of the woods or underwoods that then it shall be lawfull for him c. to inclose them that the Lessee shall not depasture them with any cattle other than Colts of a year old And that the Lessee c. shall at his proper costs maintain the hedges c. to and with the said H. P. his Heirs c. in manner and form following that is to say That he the said I. M. his Heirs c. shall not sow or cause to be sown any of the Marish ground before by these presents demised before the end of the said term and space of c. And further that if the said H. P. his Heirs or Assign shall at any time or times during the said term fell or cut down any of the woods or underwoods growing upon the said premises that then and so often it shall and may be lawfull to and for the said H. his Heirs or Assigns to encompasse or inclose so much of the said wood-ground wherupon such felling shall be And that after such incolosure made the said I. M. his Executors Administrators and Assigns nor any of them shall depasture or feed in the said Coppizes so to be inclosed nor put nor suffer to go there any manner of cattle other than Colts of one year old during the said term of 5 years and shall further during that 5 years at his own costs fence and maintain the said hedges and fences so to be made by the said H. P. his Heirs or Assigns In witnesse whereof c. Letter of Attorney irrevocable for the assignment of a Recognizance acknowledged in Chancery whereupon Iudgement is there had with divers Covenants therein contained to the proper use of the Assignee KNow all men by these presents That whereas A.S. c. did by Recognizance acknowledged at Westminster in the Court of Chancery tali die anno acknowledge himself to be indebted unto one I.M. c. of c. to be paid unto the said I.M. or to his sure Attorney upon the Feast c. then next following the date of the said Recogn with a certain condition thereupon endorsed as by the said Recogn and Condition more at large it doth and may appear and where sithence the acknowledging of the said Recognizance the said I. M. hath sued two Writs of Scire facias against the said A. S. in the said high Court of Chancery at Westminster upon the said Recognizance against the said A. S. as by the said Iudgement remaining of Record in the said Court of Chancery appeareth Now these presents witnesse that the said I. M. for divers good causes considerations him thereunto specially moving hath granted bargained and sold and set over and by these presents doth fully clearly and absolutely grant bargain sell assign and set over unto H. P. of c. the said Recognizance and all sums of money therein contained together with the together with the said judgement thereupon given with all such benefit advantage commodity and sums of money as the said I. M. his Executors Administrators or any of them may or can might should or ought to have receive take recover or in execution have by force or means of the said Recognizance judgement and execution or any of them And further the said I. M. doth by these presents for him his Executors c. ordain constitute and in his place put and appoint the said H. P. during the natural life of the said H. and lawfull Attorney or Attorneys irrevocable for him and in the name of him the said I. M. during his life and of the Executors c. of him the said I. M. after his decease to ask demand receive recover and in execution to take levy and have of and against the said A. S. the Executors and Administrators of the said A. S. or any of them all or any of the said sums of money mentioned contained or specified in the said Recognizance and all and every such sum and sums of money as is already recovered or may arise grow due or payable upon or by reason of the said Recognizance and judgement or any of them and execution or executions in the name of the said I. M. his Execut c. upon the said Recognizance and judgement thereupon given at the cost and charges of the said H. P. his executors c. to take have sue forth and levy And … uch sum and sums of mony as shall or may be had taken recovered or levied upon or by reason of the said Recog and judgement thereupon given or either of them to receive perceive take have and detain to the proper use and behoof of the said H. his Executors c. without any accompt or other thing therefore yeelding rendring or paying unto the said I. M. his Executors c. And in default of payment of all or any part of the said sum or sums of money mentioned in the said Recogn to Arrest sue or implead or execution to take against the Heirs Executors or Administrators of the said A. S. or any of them upon the said Recogn or judgement as upon either of them in any lawfull Action or Actions Sute or Sutes Plaint or Plaints in any Court or Courts of the Commonwealth of England for or in the name of the said I. M. his Executors or Administrators And judgement and execution thereupon to take and have And Attorney or Attorneys for in or concerning the said premises or any part thereof for or in the name of the said I. M. his Executors c. to make constitute ordain and appoint and them also at his and their will and pleasure to alcer revoke change and remove And further to make do execute and commit or cause to be made done executed and committed in the name of the said I. M. his Exec. c. all and every matter and thing Act and Acts whatsoever meet necessary expedient or convenient for the recovery levying having or execution making taking or having of all or any of the sum or sums of money mentioned or contained in the said Recogn and judgement thereupon given or either of them and all and singular such sum and sums of money or other thing as he the said H. his Exec. c. shall by reason of the said Recogn or judgement or Execution thereupon to be had made or taken have take levy
assigns shall and may have hold keep and retain in his and their hands to his and their proper use and behoof without any accompt or other thing therefore unto me the said R. W. my executors or administrators Giving and granting unto my said Attorney full power and authority to do and execute all and every act and acts thing and things touching or concerning the said premises in as large and ample manner to all respects as I the said R. can or might make doe or execute if I were personally present at the doing thereof In witnesse whereof c. An Assignment of a Bond by Deed Poll together with a Letter of Attorney irrevocable and usual covenants for the same TO all persons to whom this present Deed Poll shall come R. H. of c. sendeth greeting Whereas A.M. of c. I.W. of c. and R.C. of C. aforesaid did by their Obligation bearing date c. become joyntly and severally bound unto the said R. H. in the sum of c. and the condition of the Obligation was that if the said A. M. his heirs executors administrators or Assigns or any of them did well and truly satisfie content and pay or cause to be satisfied content and paid to the said R. H. c. reciting the whole condition as in and by the said obligation and condition thereof more at large appeareth And whereas the said sum of c. in the condition of the said Obligation specified is not paid unto the said R. H. according to the effect of the said condition Now know ye that the said R. H. for and in consideration of the sum of c. unto him the said R. by P. M. of c. in hand paid and for divers other good causes and considerations him thereunto especially moving hath granted assigned and set over and by these presents doth grant assign and set over unto the said P. M. his executors and assigns the said Obligation and all sums of money therein contained together with all such benefit and commodity as the said R. H. his executors or Administrators can or may take or receive thereby And further the said R. H. doth by these presents The Letter of Atrorney constitute and in this place appoint the said P. M. to be his lawfull Attorney Irrevocable for him and in his name to ask levy receive recover take and have of the said A.M. I.W. and R. C. or either of them or of the heirs executors administrators or assigns of them or either of them all and singular the said sum or sums of money in the said obligation or condition thereof specified and contained and the same to receive keep and detain to the proper use and behoof of the said P. M. his executors and administrators without any accompt or other thing therefore yeelding rendring or paying unto the said R. H. his executors administrators and assigns and in default of payment of the said sum or sums of money to arrest sue or implead at the costs and charges in the law of the said P. M. his executors or assigns the said A. M. I. W. and R. C. or either of them upon the said Obligation in any sute or plaint in any Court or Courts within the Commonwealth of England for and in the name of the said R. H. his executors or administrators and judgement and execution thereupon to take and have and Attorney or Attorneys for in or concerning the said premises or any part thereof for or in the name of the said R. H. his executors or administrators to make constitute ordain or appoint and them also at his and their will and pleasure to alter revoke change and remove And further to make do execute and commit or cause to be made done executed and committed in the name of the said R. H. his executors or administrators all and every matter and thing act and acts whatsoever meet necessary expedient or convenient for the recovery levying having or execution making taking or having of all or any of the sum or sums of money mentioned or contained in the said Obligation and judgement thereupon to be given or either of them And all and singular such sum and sums of mony or other thing as he the said P. M. his executors administrators or assigns shall by reason of the said Obligation and judgement or execution thereupon to be had made or taken have take levy or receive in the name of the said R. H. his executors or administrators And the said R. H. doth for him his executors administrators and assigns Covenant and grant Covenant that the Assignee shall have the mony to his own use without accompt â—ender c. to and with the said P. M. his executors and administrators that it shall and may be lawfull to and for the said P. M. his executors administrators and assigns to have take retain keep and enjoy all or any of the said sum or sums of money mentioned or contained in the said obligation and judgement thereupon to be given or either of them to his and their own use Allowance of all Acts done by the Assignee c. in the name of the Assignor at his costs and charges without any accompt or other thing therefore to be yeelded rendred or given ratifying and allowing confirming and avowing all and every matter and thing act and acts whatsoever which the said P. M. his executors administrators or assigns or any of them shall at his and their costs and charges do execute or commit or cause to be done executed or committed in the name of the said R. H. his executors or administrators in about Covenant that there is no act done nor shall be done whereby to frustrate this grant of assignment touching or concerning the premises or any part thereof And the said R.H. doth for him his heirs executors administrators and assigns and every of them covenant and grant to and with him the said P. M. his Executors administrators and assigns in manner and form following that is to say that neither the said R.H. nor any other pers or pers by his or their consent privity or procurement already hath not made done executed or committed nor that he his heirs executors administrators or assigns or any of them nor any other person or persons by his or their procutement shall or will at any time or times hereafter make do execute or commit or cause to be made done executed or committed any act or acts thing or things whatsoever whereby the said Obligation or all or any of the sum or sums of money therein conteined or any action or act sute or sutes plaint or pl. commenced or to be commenced thereupon or any judgement or judgements thereupon hereafter to be given now be or at any time hereafter shall be released discharged discontinued nonsuted disallowed or otherwise hindred or made void or frustrate or whereby the said P. M. his executors administrators or assigns in the name of
made and given up by the said E H. in writing under his hand and seale ready to be delivered unto the said parties demanding the same on this side and before the 2 day of February then next ensuing the date of the said Obligation as by the said writings obligatory and the conditions therein specified reference being thereunto had doth and may more plainly and at large appear Now I the said E H. taking upon me the burthen of the said arbitrement for a finall and peaceable end between the said parties do by these presents make and publish my order award and arbitrement concerning al and singular the said premises unto me as aforesaid submitted in manner and form following Imprimis I do award arbitrate and order that the said I C. and his assignes shall and may hold and enjoy one house and the lands therewith used and occupied with their appurtenances now in the tenure or occupation of him the said I C. in B. aforesaid without paying any rent or other charge for the same untill the 19 of May next ensuing the date of these presents he the said I C. or his assignes doing no wast upon the same nor plowing any other land then now is allowed And that the said I C. and his assignes shall at or before the said nineteenth day of May next ensuing the date hereof leave and yield up unto the said R A. his heires and assignes the quiet and peaceable possession of the said messuage lands and all and singular the said premises with their appurtenances and cleerly depart and remove off and from the same except such part of the said Land as is now sowne with Corne or graine the which he the said I C. shal and may keep and enjoy untill the next harvest that he may cut and carry away the said Corne and graine and that then he the said I C. shall leave and yield up the quiet possession of such part thereof unto the said R A. his heires or assignes and wholly depart from the same Item I further award arbitrate and order that if the said I C. and his assignes shall and doe at or before the said 19 day of May next ensuing the date hereof leave and yeeld up unto the said R A. his heires or assignes the quiet and peaceable possession of the said messuage land and premises with their appurtenances except as is before excepted according to this order and arbitrement that then the said R A. his heires executors or assignes shall well and truly pay or cause to be paid unto the said I C. his heires executors or assignes at or upon the three and twentieth day of May next ensuing the date hereof in the South porch of the said parish Church of B. aforesaid the sum of 50 pounds of current mony of England Item I also further order and award that the said I C. his executors or assignes shall at or upon the said three and twentieth day of May next ensuing the date hereof by his sufficient deed in writing remise and release unto the said R A. his heirs executors and assignes all manner of actions and causes of actions sutes quarrels variances discords debates debts accompts trespasses claims controversies and demands whatsoever had moved stirred commented or depending between him the said I C. and the said R A. for any matter cause or thing whatsoever from the beginning of the world untill the second day of October last past before the date of this present award And the said R A. his executors or assignes shall at or upon the said 23 of May next ensuing the date hereof by his sufficient Deed in writing remise and release unto the said I C. his heires executors and assignes all and all manner of actions and causes of actions sutes quarrels varianâ—es discords debates duties aâ—coâ—pts trespasses claims controversies and demands whatsoever had moved stirred commenâ—ed or depending between him the said R A. and the said I C. for any matter cause or thing whatsoever from the beginning of the world untill the said second day of October last past before the date of this present award In witnesse whereof the said E H. to these present Indentures his hand and seale hath put dated the 20 day of January in the year of our Lord God c. Sealed and delivered by the within named E H. the day and year within written in the presence of A sale and confirmation of an estate of a Lease of 100 yeares to an assignee of part of the terme THis Indenture made c. Between T P of B. in the County of K. Clothier of the one part and T P. of M. fuller on the other part Witnesseth That the said T P. for and in consideration of the sum of c. specified and conteined in one Indenture bearing date the 20 day of September Ann Dom. c. made between him the said T P. of the one part and the said T P. of the other part hath given granted bargained sold and confirmed and by these presents doth fully cleerly and absolutely give grant bargain sell and confirme unto the said T P. his executors administrators and assignes all and further estate right title interest and terme of years which he the said T P. his executors administrators or assignes or any or every of them have of in or to one piece or parcell of Land arable and pasture conteining by estimation c. scituate lying and being c. as the meets and bounds thereof on every side do divide and shew forth And also all estate right title interest and terme of years which he the said T P. his heires executors administrators or assignes or any of them have or hath of in or to all these three pieces or parcels of Land conteining by estimation c. lying and being c. and the meets and bounds thereof do divide and shew forth all and singular which said premises were heretofore demised by two severall Indentures of Lease unto I P. Father of the said T P. party to these presents the one by E D. of A. in the said County of K. Esquire bearing date c. and the other by R S. of M. alias M. next S. in the said County of K. bearing date c. for the terme of one thousand yeares as in and by the said severall Indentures reference being thereunto had doth and may more plainly and at large appear To have and to hold all and singular the said estate right title interest and terme of years yet to come and unexpired of him the said T P. his executors administrators and assignes of in or to the said premises with their and every of their appurtenances or of in or to every part and parcell thereof unto the said T P. his executors administrators and assignes for during and untill the residue of the said terme of one thousand years in the said recited Indenture specified and conteined be fully compleat and ended In witnesse c. A
singular the said Messuages Lands Tenements and Hereditaments with the appurtenances of for from touching and concerning all and all manner of bargains sales gifts grants Joyntures fines dowers recoveries feoffments estates tails limitations uses leases morgage rents-charge stature merchants and of the staple judgments recognizances intrusions conditions entries troubles titles and incumbrances whatsoever at any time heretofore had made done committed acknowledged grown executed occasioned caused or willingly or wittingly suffered or hereafter to be made c. by the said E P and T P or either of them or any other person or persons by their or any of their assent means authority title or procurement the rent and services hereafter to grow due to the chief Lord or Lords of the fee of the premeises and the Title of Dower or estate in Joynture of the said E now wife of the said E D in and to the premises and all Leases heretofore made by the said E for 21 years or under now in being whereupon the now rents and services paid or answered for the same or more are reserved and shall be yearly due and payable during the same term and terms of the said Lease and Leases and all estates conveyances grants leases and assurances to be made by and according to the true meaning of these presents and such condition and title as the I. L. and his heirs have to redeem the premisses by him as aforesaid conveyed and assured unto the said E.P. and such Lease as the said E P hath heretofore made and passed unto IC an expresse Tenant of and upon the Tenement c. for and during the term of c. whereupon there is reserved and shall be payable during the continuance of the same Lease then also only excepted And whereas the said E P is possessed for divers years yet enduring of and in the tythes and portion of c. in c. of and in c. Now the said E P and T P do grant c. that the same E P and T P. and either of them and the Executors and Administrators of either of them shall and will at all times hereafter and from time to time at and upon the reasonable request costs and charges in the Law of the said E G his c. make c. unto such person or persons c of in and upon the said tythes leases for years and interest and the Indentures and writings thereof To have and to hold the same Tythes leases terms interest and the Indentures and writings unto the said person or persons c their c. to the intent use trust and confidence that the said person or persons c. and his or their c. shall suffer and permit the said E P during his life to have hold occupy and enjoy the said tythes and leases and receive the rents issues and profits thereof and to the intent use trust and confidence that the said person or persons to be named and appointed as aforesaid and his or their heirs c. shall and will permit and suffer the said M from and after the decease of E P for and during her life to have hold occupy possesse and enjoy the tythes and portion of tythes of c. and to the intent use trust and confidence that the said person or persons c. shall from and after the decease of the said E P permit and suffer the said T P and the heirs of his body upon the body of the said M lawfully to be begotten And for default of such issue c. to have hold occupy and enjoy the said rest and residue of the tythes farms and leases together also with the said tythes and protion of her from and after the decease of the said E P and M G to take and receive the rents issues and profits thereof during the rest and residue of the termes and pears of the said several leases without fraud and covin And the said E P and T P for them c. That they the said E P and T P their c. or one of them shal wil at all times hereafter acquit discharge or otherwise upon reasonable notice and request fully and sufficiently release the said tythes farms leases interests of for touching and concerning all and all manner bargains c. whatsoever had made done acknowledged caused procured occasioned willingly or wittingly suffered or hereafter to be had c. by the said E P and T P or either of them or any other by their or any of their means assent commandment authority or procurement The rents duties grants and covennants contained in the said several leases only excepted and foreprized And that the said M and the heirs of the body of the said T P upon her body lawfully to be begotten shall or may have c. the said tythes c. according to the intent and true meaning of these presents without any let suit c. of nay person or persons that lawfully claim the premises or any part or parcel thereof from by or under the said E P and T P or either of them or after or by reason of any forfeiture committed or willingly suffered by them or either of them except such interruption suit or troubles as shall be made done or committed by the said person or persons to be named and appointed as aforefaid or his or their c. or any of them In witness c. An Indenture of Use for the cutting off Lands entailed in the right of the Wife making the same to the use of her Husband for ever THis INDENTVRE made c. between c. Witnesseth A Covenant to suffer a Recovery That it is covenanted granted condescended and a greed between the said parties by these presents That they the said R F and M on this side and before the Feast of c. shall suffer the said I S and C R in due form of Law to recover against the said K and M and their heirs and the heirs of them and either of them in the Court of Hastings of L. holden in the Guild hall of the same City according to the custom of the same City the Mayor and Sheriffs of the same City aforesaid two Messuages c. with all and singular shops c. by the name of c. set lying and being c. and to have and take execution thereof accordingly And it is further covenanted That the Recovery shall be to the use of R. F. c. and the said R C. and I S for them c. That immediately from and after the Judgment and execution had of the same recovery as wel the said R C and F S and their heirs shal stand and be seized of the premises as also of the same Recovery in form aforesaid to be had and sued for the two Messuages shall be to the use and behoof only of aforesaid R F and of his Heirs and Assigns for ever and to no
B. shall seal and deliver at the request of C.D. and at the costs of the said C.D. in the Law as the Deed of him the said A.B. unto the said C.D. upon every payment a good and lawful acquittance in writing under his hand and seal testifying the payment of the same Provided alwaies and neverthelesse the said A. B. for him his c. covenanteth c. to and with the said C.D. his c. by these presents That he the said A. B. his c. shall and will at and upon the request and demand of the said C. D. his c. seal and deliver and lawfully tender and offer to seal and deliver as the Deed of him the said A.B. his c. unto him the said C.D. his c. at and upon every payment or other sufficient satisfaction and discharge of every of the said summes of c. so to him the said A. his c. to be had or made by him the said C.D. his c. as is aforesaid one good sufficient and lawful acquittance in writing subscribed with the hand and sealed with the seal of him the said A. B. his c. so receiving the said summes as is aforesaid testifying acknowledging and averting the payment and receipt of the same These Indentures or any thing clause article covenant proviso or sentence therein contained to the contrary hereof in any wise notwithstnading Proviso and agreed by the saia Parties that if default of payment be made by C.D. and A. B. tendring and offering acquittance or acquittances in writting testifying the payment and receipt of the same that then it shall be lawful for the said A. B. and his c. to re-enter and the same to have again and enjoy as in their former right any thing in these presents notwithstanding Provided alwayes and it is also Covenanted granted and agreed by and between the said Parties and the said C. his c. doth Covenant c. That if default of payment be hereafter had or made of or in any of the said payments of any the said several summes of money last before mentioned at any of the said several Feastd-ayes in which the same or any of them are by these presents above limited and appointed to be paid or otherwise if the said summes or any of them be not duly and fully satisfied and discharged according to the true intent and meaning of these presents and he the said A. B. his c. tendering and offering unto him the said C. D. his c. such sufficient and lawful acquittance or acquittances in writing testifying the payment and receipt of the summe as in these presents is above-expressed and declared That then and at all times from thenceforth it shall and may be lawful to and for him the said A.B. his c. into all and singular the said Messuage or Tenement and all other the premises with their appurtenances wholly to re-enter and the same to have again repossesse and re-enjoy as in his or their former right or title and estate This Indenture or any thing clause of covenant therein c. notwithstanding Provided finally and moreover it is the true intent and meaning of these presents and of the said Parties to the same and the said A. B. for him c. doth covenant A. B. Covenanteth that if the said C.D. his c. shall by any manner of menas be outed of the premises by any person to be recovered or lawfully evicted out of the possession of the said C. D. by due course of Law then the said A. B. upon the reasonable request of the said C.D. his c. at such Dayes and Feasts in these presents expressed shall truly content and pay to the said C.D. all such sum and sums of moneys received by the said A.B. before the said eviction decree c. That if in case it fortune the said Messuage or Tenement and other the premises or any of them or any part or parcel thereof at any time or times hereafter to be by any person or persons whatsoever recovered or otherwise lawfully evicted from against or out of the possesion of him the said C.D. his c. by due order or course of Law of in or to the same premises or any of them Or if it happen any Decree in or upon any Bill of Complaint or any Judgment or Verdict in any suit writ or action real personal or in plea whatsoever to passe or be given against him the said C.D. his c. or any of them or against his their or any of their rights titles or interests of in and to the same premises or any part thereof is or shall be disposed avoided adnulled defeated or undone without fraud oâ— covin That then and in such case he the said A.B. his c. or some of them within c. next after such recovery eviction decree judgment or verdict so to be had given and passed as aforesaid at and upon the reasonable request and demand of the said C.D. his c. and at such dayes times and Feasts and in such manner and form as in and by these presents shall be hereafter expressed limited and appointed shall and will well and truly content satisfie and pay and cause to be satisfied contented and repaid unto him the said C.D. his c. all and every such and the like sum and sums of money as he the said A. B. his c. shall then before that is Judgment or Verdict of the said C. D. his c. in consideration of the said purchase to wit before any such recovery eviction decree judgment or verdict as is aforesaid have had or received of at or by the hands of him the said C.D. his c. or any of them for or in consideration of the said purchase of the said Messuage or Tenement and other the premises so as is before said that is to wit by such like payments portions and several summes as he the said A.B. his c. shall have had or received the same The first payment to be made within c. next after recovery eviction decree judgment or verdict so to be had pass or given aâ— the second payment at c. The first payment thereof to be had and made within c. next after such recovery eviction decree judgment or verdict so to be had passed or given as aforesaid at or within the outer Pentice c. and the second and next payment thereof to be had c. and made in and upon the Feast-day of c. then next and immediately following between the houres of c. in the afternoon of the same day and at or in the place aforesaid and so forth yearly at the like dayes of c. and between the like houres of c. in the afternoon of every such Feast day of c. and at or in the place aforesaid untill every such or the like summe or sums of money as he
above-rehearsed and all and every sum and sums of money in the said Obligation and Condition therein contained and all his estate right title interest property remedy profit advantage claim and demand of in and to the same and every part thereof to the onely use and behoof of the said T.M. his Executors Administrators and Assigns for ever And for the better recovery and enjoying of the premises the said R.VV. hath assigned made ordained deputed and in his place and stead and by these presents doth assign ordain constitute and make the said T. M. his Executors and Assignes his true and lawful Atturney and Atturneys irrevokable for and in the name or names of the said R.VV. his Executors or Administrators but neverthelesse to and for the onely use and behoof of the said T. M. his Executors and Assigns to sue for ask leavy recover demand and receive of the said L. B. his Heires Executors or Administrators all and every such summe and summes of money whatsoever as are due and payable unto the said R.VV. or which shall or may be lawfully had or received by the said R. VV. his Executors or Administrators upon or by force vertue or means of the Obligation aforesaid or by reason force or means of any lawful action suit processe judgment execution or proceeding thereupon hereafter to be commenced attempted prosecuted obtained or had in any manner of wise Giving and by these presents granting unto the said T.M. his full power and lawful authority touching the premises for and in the name or names of him the said R. VV. his Excecutors or Administrators by all lawful waies and means whatsoever to the use aforesaid to do say sue implead prosecute pursue seize sequester arrest attach imprison and to condemn and out of Prison to deliver and to reckon receive compound agree release acquit and discharge one Atturney or moe under him or them to substitute and make and at his or their pleasure the same to revoke And further to do follow execute end and determine all and every other act and acts thing and things whatsoever that shall be meet needful and requisite to be had made or done in or about the recovery receipt or execution of the premises as amply in every respect as the said R.VV. his Executors or Administrators or any of them might or could do if the said R.VV. his Executors or Administrators were thereat from time to time present and did the same personally And whatsoever the said T. M. his Executors Substitutes or Assignes or any of them shall lawfully do or cause or procure to be done in or about the premises to the use aforesaid he the said R. VV. his Executors and Administrators do and will ratifie confirm and allow the same irrevokable by these presents And the said R. W. for him his Executors and Administrators doth c. in form following That the said R. W. shall not revoke the said Letter of Atturney nor any power thereby given viz. That neither he the said R. W. his Executors or Administrators nor any of them shall or will at any time hereafter revoke recall frustrate or make void this present writing or Letter of Atturney or any power authority or Atturneyship herein or hereby given or granted in any manner of wise And that neither he the said R.VV. his Executors or Administrators or any of them shall or will at any time hereafter do commit or willingly suffer to be done any act deed or thing either by non suit retraxit release or otherwise whereby or by means whereof the said T. M. his Executors or Assigns shall be hindred letted debarâ—ed or delayed in or from the recovery receiving getting in or obtaining of the said premises or any part thereof contrary to the true meaning of these presents But that he the said R. W. That the said R. W. shall justifie any act lawfully done by the said T. in the recovering of the said debt his Executors and Administrators shall and will justifie and maintain with effect all and every lawful action suit processe and proceeding which shall be lawfully attempted prosecuted or proceeded in by the said T. his Executors or Assignes for the recovery or obtaining of the said premises or any part thereof And that he the said T. M. his Executors and Assigns shall and may lawfully sue for recover obtain and enjoy the said premises according to the intent and true meaning of these presents without any let denial or interruption of or by him the said R.VV. his Executors or Administrators or any of them or any other Person or Persons by or through their or any of their consent means or procurement and without any accompt or reckoning therefore or for any part thereof to the said R.W. his Executors or Administrators or any of them to be made yielded or given And further And that the said R.W. at the request of the said T.M. and at the cost of the said T. M. shall make and perform any other act and thing that shall be needfull for the recovery of the said debt That he the said R.VV. his Executors and Administrators shall and will at any time hereafter upon the reasonable request and at the costs and charges in the Law of the said T. M. his Executors and Assign do make execute and perform all and every such further act or acts deed or deeds thing or things be it by making any further Letter or Letters of Atturney or otherwise for the better enabling of the said T. M. his Executors and Assignes in and for the recovery obtaining and enjoying of the premises to his or their own use and uses as aforesaid according to the tenour and true meaning of these presents as by the said T. M. his Executors or Assigns or his or their Councel learned in the Law shall be lawfully and reasonably advised devised and required And the said T.M. for him his c. That be the said T.M. his Executors or Administrators shall will acquit discharge or otherwise save or keep harmlesse or suffiently recompence the said R.VV. his Executors or Administrators and every of them of and from all losses and damages whatsoever which shall at any time or times hereafter happen to be had recovered or obtained against the said R. W. his Executors or Administrators for by reason or in respect of any suit or suits hereafter to be prosecuted or pursued in the name or names of the said R. his Executors or Administrators or any of them upon the Obligation before recited in any manner of wise ¶ In witnesse c. ¶ An Indenture of Asignment of part of a House and Land and other Covenants there inserted Penn's by R. Mason Esquire THis INDENTVRE made c. Between c. witnesseth That whereas the said I. L. by the name of I. L. of c. Yeoman by Indenture of Lease bearing date c. Hath demised Demise granted betaken and to farm-letten unto H. S. of
one good sufficient and lawful Acquittance in writing subscribed with the hand and sealed with the seal of him the said I.H. his c. so receiving the said sums as is aforesaid testifying acknowledging and averring the payment and receipt of the same These Indentures or any thing Clause Article R.H. Covenanteth That if default be made of any of the payments on the several Feast-dayes and I. H. tendring an acquittance that then is shall be lawful for I.H. into the said Messuages premises to enter and the same to have and enjoy again as in his former right Covenant Proviso or sentence therein contained to the contrary c. Provided alwaies and it is also Covenanted c. by and between the said Parties and the said R. his Executors c. doth Covenant c. That if default of payment be hereafter had or made of or in any of the said payments of any the said several sums of money last before mentioned at any of the said several Feast-daies in which the same or any of them are in and by these presents above limited and appointed to be paid Or otherwise if the said sums or any of them be not duly and fully satisfied and discharged according to the true intent and meaning of these presents And he the said I.H. his c. tendring and offering unto him the said R.H. his c. such sufficient and lawful Acquittance and Acquittances in writing testifying the payment and receipt of the same as in these presents is above expressed and declared That then and at all times from thenceforth if shall and may be lawful to and for him the said I.H. his c. into all and singular the said Messuage or Tenement and all other the premises with their appurtenances wholly to re-enter and the same to have again re-possesse and enjoy as in his or their former right or title and estate this Indenture or any thing clause c. ut supra †Provided that if the said Messuages and premises at any time hereafter to be to any Person or Persons whatsoever recovered and the said R.H. evicted out of possession by due order and course of law or by any decree or otherwise That then in such case the said I.H. shall within three years pay unto the said R. H. all such moneys as he received of the said R. H. for the purchase of the premises The moneys to be paid at several payments as in the Deed is expressed Provided finally and moreover it is the true intent and meaning of these presents and of the said Partics to the same and the said I.H. for him his c. doth c. to and with c. That if in case it fortune the said Messuage or Tenement and other the premises or any of them or any part or parcel thereof at any time or times hereafter to be by any person or persons whatsoever recovered or otherwise lawfully evicted from against or out of the possession of him the said R.H. his c. by due order and course of Law of in or to the same premises or any of them or if it happen any decree in or upon any Bill of Complaint or any Judgement or Verdict in any suit writ or action teal personal or mixt whatsoever to be passed or given against him the said R.H. his c. or any of them or against his their or any of their rights titles or interests of in and to the same premises or any part or parcel therof is or shall be disposed avoided adnulled defeated or undone without fraud or covin That then and in such case he the said I.H. his c. or some of them within three years next after any such recovery eviction decree Judgment or Verdict so to be had given and passed as is aforesaid at and upon the reasonable request and demand of the said R.H. his c. and at such daies times and feasts and in such manner and form as in these presents shall be hereafter expressed limited and appointed shall and will well and truly content satisfie and pay or cause c. unto him the said R.H. his c. all and every such and the like summe and summes of money as he the said I. H. his c. shall then before that is to say before any such recovery eviction decree Judgment or Verdict as is aforesaid have had or received of at or by the hands of him the said R. H. his c. or any of them for and in consideration of the said purchase of the said Messuage or Tenement and other the premises so as is before-said That is to fay by such like payments portions the several summes as he the said I. H. his c. shall have had or received the same the first payment thereof to be had and made within one half year next after any such recovery c. so to be had passed or given as aforesaid at or within c. and the second and next payment thereof to be had c. in and upon the Feast-day of c. then next and immediately following at or in the place aforesaid and so forth yearly at the like Day of c. and as the place aforesaid untlil all and every such or the like sum or sums of money as he the said I. ◠his c. or any of them shall so then before any such recovery c. have had and received at of or by the hands of him the said R.H. his c. or any of them for or in consideration of the said purchase of the said Messuage or Tenement and other the premises as is aforesaid be or shall be by him the said I. H. his c. unto him the said R. H. his c. well and truly satisfied contented and paid without fraud covin or delay These Indentures c. to the contrary c. ¶ In Witnesse c. ¶ An Assignment of divers Estates in a very good Form Penn'd by R. Mason Esquire TO all Christian people to whom this present writing shall come Consideration I R.G. of c. do send greeting Whereas R. VV. of c. by his Indenture of Lease bearing Date c. for the consideration therein expressed Rent reserved Hath for the term of c. commencing from c. last past before the Date of the same Indenture of Lease and for the yearly rent of c. thereby reserved to be due and payable quarterly by even portions Demised granted and to Farm letten unto W.C. of c. one piece or parcel of ground set Demise of a piece of ground lying and being in c. aforesaid as the same was then appointed and agreed upon to be well and sufficiently fenced and inclosed to contain from East to West c. name the abutting As by the same Indenture of Lease amongst divers other Covenants grants and agreements therein contained whereunto relation being had more plainly may appear
given and distributed to 24 of the said Inhabitants of the said two Parishes as aforesaid orderly and indifferently viz. to either of the said Parishes 12 d. in bread Distresse for non-payment in form as is above declared And if it shall happen the said annuity or yearly rent of c. to be behind unpaid in part or in all after any Term or Feast of payment thereof aforesaid in which the same ought to be paid by the space of c. being lawfully demanded at c. by the said c. or any of them or by their or any of their Heires or Assigns or by any other Person or Persons by them or any of them lawfully authorized in that behalf That then and from thenceforth and so often it shall be lawful to and for the said c. their Heirs c. or any of them into all and singular the said two Messuages or Tenements and other the premises or any part or parcel thereof to enter and distrain and the distresse or distresses then and there bad and taken lawfully to lead bear drive and carry away detain and keep untill they or some of them of the said annuity c. being behind and unpaid and the arrearages thereof if any be and of their costs and charges in that behalf to be reasonably expended and disbursed shall be fully satisfied contented and paid And further know ye That none of bad living shall receive any of this annuity that the intent and meaning of me the said I.C. and of these presents is That no Person or Persons being a Blasphemer of Gods holy Name and open or notorious evil Liver shall be allowed of or admitted to have any part or parcel of the aforesaid weekly payments in bread any thing Church-Wardens c. And therefore I do by these presents require and straightly charge the Church-Wardens and Inhabitants of the said two several Parishes for the time being that they so much as they may see that my good meaning herein be not in any wife frustrated or defrauded And lastly know ye When all the Feoffees are dead saving four the Survivors shall assure the same to others that the will intent and meaning of me the said I. C. and of these presents is That from time to time for ever within c. next after the aforesaid Persons to whom I have by these presents granted the aforesaid annuity or yearly rent of c. to the uses aforesaid their or any of their Assigns or Grantees thereof shall be all deceased save four that those four surviving shall grant and assign over by due form of Law the aforesaid annuity or yearly rent and their estate and interest therein to ten or twelve others of the honest and most substantial Inhabitants of the said Parishes of c. for the time being and their Heirs for ever to the use and intent before by me mentioned and declared whereof five or six be Inhabitants of the one of the said Parishes and the residue and so many of the other Parish And my will So often as the said Feoffees die the said Grant shall be revived intent and meaning is and so I require the same That in the same Grant and Assignment so to be made by the said Survivors of the said Grantees that this my present Gift and Grant and my full and whole intent and meaning herein shall be briefly and summarily recited and of and in that manner I will the said yearly rent to be granted and conveyed from time to time for ever hereafter as often as all the Grantees of the same annuity or yearly rent for the time being shall be deceased And I do futher friendly require and straightly charge the said c. their Heires and Assignes The Feoffeces charge that they perform likewise and further my intent and trus meaning in the premises as much as in them shall lye as they will answer the same before the Judgment-Seat of Almighty God at the dreadful day of Judgment ¶ In witnesse whereof to every part of these tripartite Indentures as well I the said I.C. and c. as the said I.C. c. have set to our hands and seales the c. and in the c. whereof one part of the said Indentures remain and be safely kept in the Parish Church of H. aforesaid for ever by the Church-Wardens of the Aforesaid Parish Church for the time hereafter being to the use aforesaid and one other of the said parts of the said Indentures to remain and be safely kept in the Parish-Church of L. aforesaid by the c. ut supra And the third part of the same Indentures to remain to me and mine Heires for ever ¶ A Grant of an Annuity THis INDENTVRE made c. Between A. B. of S. in the County of C. Esquire of the one part and A.R. of London Widow the relict of T.R. late of B. in the Parish of N. in the said County of C. deceased of the other part Witnesseth In consideration of a Surrender of a Lease of 21. yeares and in consideration of 200 l. in hand paid at the ensealing hereof and for and in consideration of a perfect assurance to be made of an Annuity of 50 l. per annum in lieu of a Dowry for the natural life of A.R. and for divers other considerations That the said A.B. for and in consideration of a Surrender to be made by the said A.R. unto the said A.B. of one Lease for the term of one and twenty years heretofore made by the said A. B. to the said A. R. of the capital Messuage called B. and or certain Lands to the same belonging lying in the Parish of L. in the said County of C. And for and in consideration of the sum of two hundred pounds of lawfull money of England to the said A. B. in hand paid before the ensealing and delivery of these presents by the said A. R. whereof and wherewith the said A. B. acknowledgeth himself to be fully satisfied contented and paid and thereof and of every part and parcel thereof doth fully clearly and absolutely exonerate acquit and discharge the said A.R. her Executors Administrators and Assignes and every of them by these presents And for and in confideration of a good and perfect Assurance and Estate to be made by the said A.B. to the said A. R. of one Annuity or Rent-charge of fifty pounds by the year to continue for and during the natural life of the said A.R. instead and lieu of her Dowry of in and to the Manour of D. in the said County of C. And for divers other good causes and considerations the said A. B. thereunto especially moving †Grant of the 50 l. per ann to A.R. out of the Manour of S. with all the rights members and appurtenances thereunto belonging to the said Manour or Lordship of S. aforesaid and out of all other Manours or Lordships belonging to