us and either of us and for the Executors and Administrators of us and either of us with the said E. his Executors Administrators and Assigns by these presents That the said Mannors Lands and Premisses conveyed and assured by the said Fine and every part therof Covenant to free the premisses frâ—m incumbrances except before excepted are at the day of the date hereof and so shall continue to the said Earl his Executors and Assigns during the Term mentioned in the said Fine free and clearly exonerated and discharged or saved harmless by them the said I. and H. B. of and from all former Bargains Sales Charges and Incumbrances had made or done by us or either of us or by the said E. four Tenements or Farm-holds in R. aforesaid only excepted and fore-prised And wee the said I B. and H. B. doe further covenant and grant for us our Executors or Administrators with the said E. his executors and Assigns by these presents that it shall and may be lawfull to and for the said E. his Executors and Assigns to have hold and enjoy the said Mannors Lands and Premises conveyed and assured by the said Fine and every part and parcell thereof except before excepted for and during the term of years yet to come mentioned in the said Fine without any lawfull let or interruption of us or of either of us and without any lawfull let or interruption of any other person or persons lawfully having or claiming or which may hereafter lawfully have or claim any good lawfull Title or Interest in or to the said Mannors Lands and Premisses conveyed and assured by the said Fine or any part or parcel therof by from or under us the said I. and H. B. or either of us In witness c. AWARDS An Award in a Controversie between parties concerning the Administration of a Deceased's Goods TO all to whom this present Writing Indented of Award shall come H. T. Stationer W. N. Stationer A. H. Draper I. H. the elder Stationer L. H. Stationer I. H. Habadasher Cit of L. send greeting Where heretofore strife variance have been moved between A. C. Widow late wife of I. C. late Citizen and Stationer of L. deceased on the one party and G. C. Son of the said I. C. on the other party for and concerning the Goods and Chattels wherof the said I. C. dyed possessed intestate And for and concerning the right of the Administration of the Goods Chattels and Debts of the said Intestate And wheras for the appeasing of the strife and variance aforesaid and for a finall quietness to be had between the said parties they of their mutuall assents and consents did choose us the said H. T. c. Arbitrators to arbiter Award and judge of for and upon all and all manner of Actions Suits Quarrels Strifes Trespasses Debts Debates Accounts Variances Transgressions Offences Goods Chattels Wares Plate ready money Claims and all other Demands whatsoever which at any time or times between the said parties before the 15. day of this present moneth of Iuly have been had moved strived or depending in Suit or Controversie so as our Award Arbitrement Ordinance and Judgment in and upon the Premisses be made and given up in Writing before the 22 day of this present month of July as by the severall Obligations of the said parties bearing date the said 15. day of this present month of July wherin either of the saâ—d parties stand bound to the other in 500 l. of c. and the condâ—tions severally indorsed upon the same Obligations will appear And wheras we the said Arbitrators have taken upon us the charge of the same Arbitrement and have heard examined and plainly do perceive and understand the Controversies and causes of variance between the said parties and have therupon treated with the said parties and have by our travell brought them to a good accord and agreement Now by their own speciall means and by their mutuall consents and requests we do therof make and give up by this present Writing our Award Arbitrement Ordinance and Judgment in manner and form as followeth First we do award arbiter ordain and judge by these presents That the said A. C. shall clearly and freely on or before the 27. day of this present month of Iuly yeild and deliver to the said G. C. as well one Bed-stead a Trundle-bed a Press or Table and the Hangings in the Chamber where the said I. C. dyed As also all the Goods and Chattels which were of the said Intestates at the time of his decease comprised and mentioned in the Inuentory made of his Goods and Chattels by such as were appointed to praise the same unto the which Inventory the said Praisers have subscribed their names except such of the said Intestates Books as have been sold since the time of his death in the Shop of his Mansion house wherin he dyed or otherwise have been taken from thence without the knowledge of the said A. And except such other thing not exceeding the value of 5 l. of the Goods and Chattels aforesaid hapning to be imbezilled or taken away with the consent knowledge or procurement of the said A. for all and singular which the saâ—d Books and other things so being sold as aforesaid we do award that the said A. shall content and pay to the said G. the full value therof and of every part therof as the same are rated and prised in the Inventory abovesaid And further we do award arbiter or ordain and judge by these presents that the said A. shall also before the said 27. c. upon lawfull request by the said G. to be made deliver unto the said G. C. all Leases and Writings which were of the said J. C. at the time of his decease which are come to the hands or possession of the said A and especially the Lease of the Mansion house wherin the said I. C. died And the lease of the Yard therunto adjoyning and the Lease of those two new houses lately being in the tenure of the said J. H. and of one G. B. Stationer And the Lease of the house now or late in the severall tenures of R. I. T. S. and A. B. and of other things mentioned in the same Lease and the Lease of the houses now or late in the severall tenures of the said A. H. and R. P. and others and the Lease of the Garden which the said I. C. occupied lying over against the late Charter-house in the Suburbs of L. And the Lease of the Vault under P. Church and all Writings and Conveyances touching the same which came to the hands of the said A. And we the said Arbitrators do moreover award c. That the said A. shaâ—l forthwith give her consent and still from thenceforth agree permit and suffer that the said G. shall and may have the sole Administration of all the Goods Chattels and Debts which were of the said I. C. his Father at the time
testifying the receit of the same Money Pots and Goblet And moreover I the said H. do herby Award c. That the said G. his Executors Administrators at the only costs and charges of the said G his Executors or Administrators shall well and sufficiently at all times hereafter upon reasonable request to him or them to be made by the said R. his Executors Administrators or Assigns save and keep harmless the same R. his Executors and Administrators of and for all and all manner Actions Suits Costs Damages Judgments Executions and Demands which shall be had or brought against the said R. his executors or administrators by reason or means that the said R. did take upon him to be Executor of the said Testament of the said C. and also that the said G. shall pay for the Drawing and Ingrossing of these Presents to the Writer thereof 5 l. of c. And lastly I Award c. that either of the said parties their executors and administrators for their several parts shall from henceforth surcease from all further Suit and Suits and quarrels in Law whatsoever for any matter between them two had stirred or depending at any time before the c. date of the said Obligations to stand to this Award c. In witness c. The Forme of an Action Indented TO all true christian people to whom this present awarded Indenture shall come A. B. and C. D. send greeting in our Lord God Recital everlasting Know yee that whereas some variance and controversy hath heretofore been had and moved between E J of G. widdow late wife and Executrix of the last Will and Testament of T. F. deceased and R F. her son touching certain Goods and Chattells left demised given and appointed to the sâ—id R. F. by virtue of the said last Will and Testament of the said T. F his Father whereof the said E. tooke the sole Execution and probation for the appeasing and ending of which said controversy both the said parties by their mutuall assents consents and agreements have submitted compromitted and hereto fore become bound either to other by their severall bonds obligatory bearing date the c. in the summ of one hundred pounds to stand to observe perform fullfill and keep the Award Arbitrement Doom and Judgment of us the said A. B. and C. D. Arbitrators indifferently chosen between the said parties as by the said bonds obligatory and Conditions thereunto subsequent more at large appeareth Upon which submission we the said Arbitrators for the avoiding of further troubles and to cause peace love and unity between the said parties having seen and read and deliberatly considered of the said last Will and other writings having Relation to and dependancy on the same and having also heard the allegations proofs on both sides concerning the premisses duely weighed the circumstances thereof we the said Arbitrators having the consent of the said parties do the day of the date hereof make publish and declare this our award and judgement in the premisses in such manner and form as followeth That is to say And having set down the Award thus conclude And for the better testification and confirmation hereof we the said Arbitrators have to this our Award set our hands and seales the third day of May Anno Domini 1651. An Award in a Controversie growing by meanes of a Copartnership TO all to whom this present writing of Award shall come T. S. and S. B. c. send greeting in our Lord God everlasting Whereas heretofore there hath been divers strifes and variances moved and are yet depending between R. H. c. and I. C. c. Executors of T. C. late of L. Haberdasher deceased on the one party and H. B. c. on the other party for the appeasing and finall ending whereof the said parties of one assent and consent as doth appear and is recited in severall conditions of severall Obligations bearing date the tenth of this present Aprill which the said parties have interchangeably made sealed and delivered each to the other have named and chosen us the said T. S. c. their Judges and Arbitrators to award arbiter ordaine rule judge and determin of for upon and concerning all and all manner of actions as well reall as personall suits quarrells strifes variances costs damages and demands whatsoever had moved stirred or depending between the said parties in any manner of wise from the beginning of the World untill the day of the date of the said Obligation So that the same our Award Arbitrement Oâ—dinance and Judgment were had or made by us the said Arbitrators or any five of us and put in writing under our hands and seals ready to be delivered to the said parties or any of them requiring the same before the last day of Aprill next coming after the said date of the said Obligations as by the said Obligations with their severall Conditions on them severally endorsed may and will appear And for as much as we the said Arbitrators have taken the charge of the said Judgment and Arbitrement upon us and thereupon have deliberatly heard and examined all variances between the said parties and their allegations answers and proofs in that behalf alleadged made and produced do now thereof even this present day of the date of these presents make and give up in and by this present writing indented under our hands and seals our full and finall Award Arbitrement Ordinance and Judgment in manner and form following that is to Award say that whereas the said T. C. while he lived and the said H. B. were copartners and had joynt traffique together in divers things the accounts whereof we have seen and examined we do thereupon award arbitrate ordain and judge by these presents that the said R. H. and I. C. or one of them their Executors or Administrators shall well and truly pay or cause to be payd to the said H. B. his Executors c. the sum of c. of c. at c. that is to say c. and also wee do by these presents Arbitrate Award Ordain and Judge that the said H. his Executors and Administrators shall from time to time upon the reasonable request of the said R or I their Executors or Administrators consent suffer and agree that at the equal and indifferent costs and charges of the said R I and H and their several Executors and Administrators all and all manner of lawful Suits Actions Recoveries Judgements and Executions shall and may in the name and names of the said H his Executors and Administrators be had and pursued with effect against all and every person or persons of and upon the Books of the said accounts and all and every Bond or Bonds or Specialty whatsoever which the said H hath of or touching all or any the debts specified in the Scedule to these presents annexed and that all and every the profits commodities and advantages whatsoever to be had or
of his decease And also we do further award c. That the said G. and the said G. B. and J. H. joyntly and severally before the 27. day c. shall make seal and deliver as their Deed to the said A. at the now Mansion house of the said H. T. five severall Obligations sufficient in the Law wherin they shall joyntly and severally stand bound to the said A. for the payment of 350 l. of lawfull c. well and truly to be paid to the said A or her Executors at the said now Mansion house of the said H. T in form as followeth for a full satisfaction and recompence of all such part and portion as the said A. should or might have of all the Goods and Chattels which were of the said I. C. which are specified in the said Inventory or in these presents the bond or penalty of the first of the said Obligations to be of 120 l. for the payment of 100 l. at or before the Feast of Saint Bartholmew the Apostle next c. the second to be of c. the third c. and the fourth to be c. for payment c. in the Feast c. in full payment of the said sum of 350 l. And also we do award that if at any time hereafter any more or further Debt or Debts shall be demanded and without fraud or covin lawfully recovered by Judgment or decree against the said B. his Executors or Administrators being due or owing to the said I C. over and beyond those debts mentioned set down expressed in a Scedule indented to these presents annexed amounting together to the sum of 321. 6 s. 2 d. That then the said A her Executors and Administrators shall upon reasonable request allow content and pay to the said G his Executors or Administrators toward the payment of all and every debt and debts so to be recovered over and beyond the said debts amounting to the said sum of 321 l. 6 s. 2 d. three parts of the same debt so to be recovered in seven parts to be divided together with the like three parts into parts to be divided of all such costs and charges as the said G his Executors or Administrators shall reasonably sustain in or about the defence in any Suit or Action to be brought against the said G. his Executors or Administrators upon the demand of any such Debt or Debts which was owing by the said J C and being none of the Debts contained in the said Scedule above specified And further we do award that the said G after the delivery and yeilding up of such the Goods Chattels Leases or Writings as are before limited appointed or awarded to be yeilded up and delivered by the said A or any of them shall make and deliver unto the said A or her Assigns a sufficient acquittance or other sufficient Writing under his hand and seal of all such Goods and Chattels Leases and others so to be received or delivered as aforesaid And further we do award and judge by these presents that the said G. and his Executors without his or their claim or molestation shall permit and suffer the said A to have and enjoy to her own use as well all the wearing Apparrell belonging to her body as also all that Furniture of her loding Chamber Jewels and Rings of Gold Stone and Plate hereafter particularly mentioned in these presents that is to say In witness c. Dat. An Award between Executors at strife about their Testators goods TO all to whom this present Writing of Award indented shall come H. K. sendeth greeting in our Lord God everlasting wheras lately heretofore Suit and Variance was had and moved between R. K. c. on the one party and G. K. c. on the other party for and touching the Execution of the last Will and Testament of one C. P. late of L. widow deceased ordained and made the said R. and G. her Executors of her said last Will and Testament for the final ending wherof and of all other controversies betwixt the same parties they have submitted themselves to the Award arbiterment and Judgment of me the said H. K. in such sort and maner as by several Obligations of 50 l. a peece in that behalf made by either of the said parties to the other of them dated c. with their several conditions upon them endorsed plainly may appear The charge and business of which said Award and Arbitrement I the said H. K. have taken upon me and have throughly heard and considered of all the Controversies between the said parties and of their Allegations Declarations and Answers on both sides And now I do by these presents make and give up mine Award Arbitrement Award final End Order and Judgment of and upon the same premisses between the said parties in form c. viz First I do Award Order and Judge by these presents that the said G. K. and his Execucutors shall permit and suffer the said R. K. to have and enioy to his own use that mourning Gown and Hood which he had after the decease of the said C. P. against her Burial And also that the said G. his Executors Administators or Assigns shall on the tenth day c. between the hours c. pay or cause to be paid to the said R K. his certain Atturney Executors or Administrators at the now dwelling house of c. the sum of c. and then and there also shall clearly and freely give and deliver to the said R. his Executors Administrators or Assigns two Pots and a Goblet of Silver and guilt poize 29. ounces which late was of the said C. P. And I do further Award c. that the said R. his Executors or Administrators shall not at any time hereafter either deale or intermeddle with the Execution of the last Will and Testament of the said C. P. or claim take or challenge any of the goods or chattels which were of the said C. other then only the Pots and Goblet aforesaid or receive take acquit and discharge any debt or duty which was owing and growing towards the said C. whilst she lived And also that the said R. K. his Executors Administators and Assigns from time to time and at all times hereafter shall agree permit and suffer that the said G. his Executors and Administrators shall and may peaceably and quietly have and take and by all lawful means recover and enjoy all and singular the goods chattels and debts which were of the said E. at the time of her decease other then only the said Pots and Goblet without any Let Claime or Impediment of the sald R. his Executors or Administrators And also that the said R. his Executors or Assigns upon payment and delivery to him or any of them made of the sum of Money Pots and Goblet aforesaid in form aforesaid shall deliver or cause c. to the said G. K. his Executors or Administrators one sufficient acquittance
W. L. his Executors or Administrators shall truly pay to the said T. H. his Executors and Administrators any such summ or summs so by him the said W. L. to be Received of the same Debts within forty dayes next after such Receipt so thereof by him to be made And if the same W. his Executors or Administrators shall hereafter If any of the debts shall be received â—r acquitted then the same to be paid to the party thaâ— should havâ— them withâ—n six weeks acquit or discharge any of the said Debts in the said Schedule expressed without such consent and agreement of the said T. his Executors and Administrators as aforesaid that then he the said W. his Executors or Administrators within six weeks next after every such Release or Discharge of any of the said Debts in the said Schedule expressed shall and will well and truly pay content and satisfie or cause to be paid contented and satisfied at c. to the said T. his Executors or Administrators all and every such Debt or Debts in the said Schedule expressed which he the said W. his Executors or Administrators shall so Release or Discharge as aforesaid without any manner of fraud or covin And the said W. L for him his Executors and Administrators covenanteth One of the parties to pâ—y a certain sum toward payment of their debts and granteth to and with the said T. H. his Executors and Assigns by these presents That he the said W. L. his Executors or Administrators shall and will well and truly content and satisfie to and among the Creditors of the said W. and T. in respect of their said Copartnership or joynt occupying the summ of 743 l. 4 s. of lawfull money of c. toward the payment and satisfaction of such Debts and summs of money as to the said Creditors are due and owing out of or in respect of the said Partable stock Co partnership or Joynt Occupying And also the said T. H. for him his Heirs Executors and Administrators The other party to pay a certain summ towards the debts covenanteth and granteth to and with the said W. L. his Executors Administrators Assigns by these presents that he the said T. Executors or Administrators shall and will well and truly content and satisfie to and among the said Creditors towards the payment satisfaction of such Debts and Sums of mony as to the said Creditors are due and owing out of or in respect of the said Partable stock c. the summ of 492 l. 18 s. of c. in form following viz. 400 l. thereof out of the first Receipts by him the said T. his Executors or Assigns of the debts in the Schedule expressed if so much may be levied gathered and had in and before the first day of c. next ensuing And in Default thereof then the same Summ of 400 l. to be paid at or before the last day of c. next coming at the farthest and 92 l. 10 s. residue and in full payment of the said Summ of 492 l. 10 s. at or before the Feast of c next ensuing the Date of these presents And it is also concluded and agreed by and between the said parties If any privy debt or charge be â—he same to be paid by whom the same grow to these presents and each of the said parties severally for him his Heiâ—s Executors and Administrators covenanteth and granteth to and with the other of them his Executors and Administrators by these Presents That if any privy Debt Charge or cause of Action be growing or depending by reason or occasion of the said Co-partnership unto the which the said Co-partners are of right lyable and subject unto other then and except such known debts as are specified or mentioned to be owing in their common book that then and in all such cases such of the said parties to these presents in whose Default or by whose Act or Procurement such Debt or Charge hath grown shall within time conveniently satisfie and pay the same and thereof discharge and save harmlesse the other of the said parties his Executors and Administrators And morover it is agreed That if any manner of variance or cause of Suiâ— at any time or times herafter do or shal happen to grow arise or be If any controversie arise between the parties the same to be ordered by men now nominated given between the parties or the executors or adminâ—strators of them or of either of them by for or upon any Covenant Matter or Thing in these Presents expressed or mentioned or of forupon or in respect of the said Co-partnership or joynt occupying in any wise that then and so often the party in that behalf greived shall thereof make Declaration to T N. Grocer and I C. Clothworker Citâ—zen of L. unto whose Order and Judgment for and touching the premisses or any part thereof from time to time the said parties and either of them for their severall parts and for their severall Executors and administrators do wholy submit themselves by these Presents so alwaies as by their order and judgement be thereof or of any part or parts thereof made and given up in Writing indented under their hands and Seals within three moneths next after such Declaration to them made as aforesaid and that during such three months from time to time or at any time neither of the said parties their Executors or administrators shall not directly or indirectly bring or pursue any Suit or Action against the other of them touching the premisses And they the said parties and their severall executors and administrators on their severall parts and behalfes every of them for his own part shall stand to obey abide and perform all and every such Order and Judgment as the said T. N. and J. C. shall within such time as aforesaid make and give up as aforesaid for and touching the Premisses or any part thereof In witness c. WINTER CONSVLTOR A PRESENTATION TO all persons who have or shall have sufficient Authority of power in this behalf I. H. Esquire the true and undoubted Patron of the parish-Church of C. in the County of D. sendeth greeting I present G. B. Clerk of the Rectory of C. in the County of D. now void by the death of the last Incumbent there and to my Presentation of full Right belonging requiring you forthwith to admit the said G. B. to the Rectory of C. aforesaid and that you truly and lawfully institute him Rector there and that likewise you invest him with all his Rights Members and appurtenances whatsoever and that you do perform fulfill and accomplish all and every the singular acts which the Office obligeth you to discharge herein In Witnesse c. PROVISOES PRovided alwaies and neverthelesse it is covenanted granted Power to make Leases condescended and fully agreed by and between the said parties to these presents That all and every Lease and Leases Demise and Demises Grant or
date the fifth of July c. Did Demise c. to the said E. N. all that Messuage or Tenement called the Sign of the Falcon c. Scituate c. except and reserved out of the said Lease c. to have c. yeilding c. as by c Now the said E. N. Assignment for and in consideration of the sum c. whereof c. hath bargained sold assigned and set over and by these Presents c. unto the said R. B. as well the said Indenture of Lease as also all the Estate Right Title Interest Use Possession Reversion term of Years Claim and Demand whatsoever which he the said E. N. hath or ought to have to of or in the said Messuage or Tenement Shops Cellars Sollers Ware-houses and to of and in all and singular other the Premisses with the appurtenances and to of and in every part and percel thereof together with all Rents and yearly Profits reserved upon any Demise Lease or Grant which the said E. hath made of the Premisses or of any parcel thereof To have and to hold all and singular the Premisses Habeâ—d before by these presents bargained sold assigned and set over unto the said R B his Executors administrators and assigns from the day of the date of these presents for and during and unto the full end and accomplishment of all the residue of the years that are now to come and unexpired of the said term of thirty years in as large and ample manner and form in every respect as the said E. may can might should or ought to have and enjoy the same by vertue of the said Indenture of Lease or by any other wayes or means whatsoever And the said E N Covenanteth c. that the said Messuage or Covenant to discharge of Inâ—umbrances Tenement Shops Cellars Sollers Ware-houses and all and singular other the premisses with their appurtenances and every part and parcel thereof at the ensealing and delivery of these presence are and be and so from henceforth lawfully may be remain and continue unto the said R B his executors and assigns for and during all the residue of the said term of thirty years that are now to come and not expired free and clearly acquitted exonerated discharged or otherwise by the said E N his executors or assigns at all times saved or kept harmless of and from all and singular former Bargains Sales Gifts Grants Leases Rents arrerages of Rents Re-entries Forfeitures and of and from all and every other charges troubles and incumbrances whatsoever had made committed or done by the said E. or by any other person or persons by or under his Estate Right or Interest the foresaid yearly rent of c. reserved by the said Indenture of Lease and other Exception the Covenants Grants Articles and Agreements in the same Lease contained which on the part and behoof of the said E. his executors administrators and assigns and every or any of them from henceforth are or ought to be paid observed performed and kept And also one Lease which heretofore the said E. hath granted by his Deed indented bearing date c. to I W c. of a Shop percel of the premisses for the term of c. which did commence at the Feast c. next insuing the date of the same Lease and upon which Lease the yearly rent of 6 l. of lawfull c. is reserved and during the continuance therof from henceforth shall be due and payable to the said R. B and his Assigns for any act had made or done by the said E N only except and foreprised And further the said E N Covenanteth c. in manner and form following that is to say That he the said R B his executors administrators and assigns at his and their own proper costs and charges without any Nonsute Release Retraxit or other Let Prejudise or Interruption of him the said E. his Executors Administrators or Assigns not only shall and may have pursue and maintain in the name of the said E. his Executors or Administrators all and every Action and Sute Judgment and Execution upon all and every Bond Covenants Grants and Agreements whatsoever made unto him the said E. touching or concerning the Premisses or any part thereof but also that he the said R. his Executors and Assigns shall or may have and enjoy the full effect advantage and commodity of all and every such Bond Covenant Action Sute Judgment and Execution to his and their own use for any Deed or Thing whatsoever had made committed or done or to be had c. by the said E. his Executors or Administrators And that he the said E. heretofore hath not released discharged or acquitted or his Executors or Administrators shall not release c. hereafter any the Covenants Grants Agreements or Bonds aforesaid without the request and consent of the said R. B. his Executors Administrators or Assigns And for the better prevailing in all and every the Sutes Judgments and Executions aforesaid shall and will avouch and allow of all and every the said Sutes Judgments and Executions which the said R. his Executors Administrators or Assigns shall bring and presecute against any person or persons upon any the Covenants Grants Agreements and Bonds aforesaid or any of them either in the Name or Names of the said E. N. his Executors or Administrators or To save the Assignor from all rents c. any of them and the said R. B. Covenanteth c. That he the said R. his Executors Administrators and Assigns shall at all times hereafter and from time to time clearly acquit discharge save and keep harmless the said E. his Executors and Administrators against the said A. M. his Heirs and Assigns and all others as well of and for the payment of the said yearly rent of c. reserved by the said Indenture of Lease which from henceforth shall grow due to be paid by vertue of the same Indenture as also of and for all and every Covenant Grant Article and Agreement comprised or specified in the said original Indenture of Lease which on the party and behalf of the said E. his Executors Administrators and Assigns and every or any of them from henceforth shall of right accrue or grow to be performed or kept according to the purport and true meaning of the said Indenture of Lease and also of and from all and every Bond and Specialty made by the said E. to the said A. M. for performance of the Covenants Grants and Agreements comprised in the said original Indenture of Lease And the said E. N. Covenanteth c. That he the said R. his Executors Administrators and Assigns shall or may have hold and enjoy the said Messuage c. and all other the Premisses above by these presents bargained and sold for and during all the residue of the said term of c. now to come and not expired by and under the payment of the
a certain day in the same Writ to be contained In which Writ the said E F. and The tenure of the Writ H. I. shall demand against the said A. B. all the Messuages and Lands called c. in the Tenure or Occupation of c. lying and being in c. and that he the said A. B. to the said Writ shall appear before the said Justices at the day of the return therof in proper person or by Atturny lawfully Authorized in the Law after which said appearance the said E. F. and I. H. upon the said Writ shall declare against the said A. B. after which Declaration the said A B. shall make defence and Vouch the common Vouchee to Warrant and the said common Vouchee shall therupon appear before the said Justices and enter into warranty in his own proper person and after declare against him according to the nature of the same Writ and the Vouchee shall imparle and after such imparlance make default and depart in despite of the Court to the intent that a good perfect Recovery and Judgment may be had against the said A. B. and so over against the Vouchee according to the course of common Recoveries in that case used and Judgment and Executions therupon had by the said L. M. c. their Heirs and Assigns against the said E B and all others by from or under his Estate and interest and after such Recovery Judgment and Execution had from thenceforh shall stand and be seised of the said Messuages Lands and Tenements and after the Premisses with their Appurtenances before mentioned to the only proper use and behoof of the said A. B. his Heirs and Assigns of a good and perfect Estate in Fee-simple and to no other intent or purpose whatsoever In witness c. For suffering a Recovery to make a Fee-simple THis Indenture c. Between A. B. of c. Esquire on the one part and C. D. of c. Gent. and E. F. of c. Gent. and C. H. and I. L. of the other part Wit That the said A. B. party to these presents is and standeth seised of an Estate of an Inheritance in Fee-Taile general viz to him and to the Heirs Males of his body lawfully begotten with divers Remainders over of and in divers Mannors Lordships Parsonages Tithes Lands Tenements and Hereditaments with the appurtenances set lying and being in the several Counties of D. and S. and hereafter more particularly named And wheras the said A. B. is resolutely determined to clear his said Mannors Lands Tenements and the Estate and Title therof of all former Estates and Uses and Limitations of Uses and Estates and Uses in Taile which have been therof formerly made to the intent purpose that the said Mannors Messuages Lands and Tenements may be established unto the said A. B. and his Heirs for ever And that the said A. B. may have a good and absolute Estate in Fee-simple of and in the same and also full Power and Ability of all the said Mannors Lands Tenements and Hereditaments in these presents specified to make Estates and to limit Uses therof according as it shall seem good unto him Now therfore the said A. B. for the more sure and better performance A Covenant to assure Lands by a day of his indented purpose for himself his Heirs c. and every of them doth covenant grant conclude condiscend and fully agree to and with the said C. D. and E. F. their Executors c. and to and with every of them by these presents That he the said A. B. shall and will on this side or before the Feast of c. next coming by his sufficient Deed or Indenture inrolled on Record or other his Deed of Feoffment in Writing under his hand and Seal by him the said A. B. in his own person lawfully and perfectly to be executed Give grant convey and assure unto them the said C. D. c. and their Heirs and the Survivor of them and his Heirs all and singular those his Mannors Lordships Lands Tenements Rents Reversions Services and Hereditaments with all and singular their Appurtenances lying and being in c. and the Reversion and Reversions Remainder and Remainders of the same And likewise all those his Mannors or Lordships of c. with all and singular their Appurtenances To the intent and purpose only that they the said C. D. and E. F. and their Heirs and the Survivor of them may become perfect Tenant or Tenants of the Free-hold of the Premisses so as lawfull Recoveries with double Vouchers may be had by the said G. H. and I. L. or by the Survivor or Survivors of them against them the said C. D. and E. F. and their Heirs or the Survivor of them and his Heirs to for and according to the uses intents limitations provisoes and agreements hereafter in these presents limited expressed declared or intended And for the better and more perfect declaration of the use uses intent purpose meaning cause and considerations as well of the making of the said Indentures or Deed of Feoffment indented and the execution therof And also of the acknowledging and sufferings of such said Recoveries so therof covenanted mentioned or intended to be had and acknowledged as aforesaid It is further covenanted granted and fully agreed by and between The Vses all the said parties to these present Indentures for them and every of them and for their and every of their Heirs that the said Deed of Feoffment assurances therof before covenanted to be had and made of the said Premisses unto them the said C. D. and E. F. and their Heirs and the Survivor of them and his Heirs shall be to the use of the said C. D c. and their Heirs for and during and untill such time as they the said G. H. and I. L. and their Heits or the Survivor of them and his Heirs shall and may without any fraud or covin according to the ordinary course of common Recoveries might have recovered the same Premisses against the said C. D. or their Heirs according to the true meaning of these presents And further it is fully agreed by all the said parties to these presents That after such Recoveries had as is aforesaid as well the said Feoffment and other Assurances as also all such Recovery and Recoveries so to be had or suffered of and upon the said Mannors and Lordships and other the said Messuages Lands Tenements and Hereditaments and other the Premisses or any part or parcell therof according to the true meaning of these presents by and immeditaly after the suffering of the same shall be and shall be adjudged construed and taken to be And also that they the said G H c. and their Heirs and the Survivor of them and his Heirs shall stand and be seised of for and touching all and singular the said Mannors and Lordships and other the aforesaid Messuages Lands Tenements Rents Reversions Services and
for the same tenement in Flagg as is formerly in or by these presents limited or appointed In witnesse c. An Indenture of Covenants to levy a Fine and suffer a Recovery in Ancient Demesne THis Indenture tripartite c. Between F. C. of the first party R C and T. B of the second party and I. H. and F. P. of the third party witnesseth that it is covenanted condescended and agreed unto by and between all and every the parties to these presents in manner and form following that is to say That whereas the said F. C the day of the date of these presents is lawfully seised in his Demesne as of Fee-tail to him and the Heirs males of his body of and in divers Messuages Lands Tenements and Hereditaments within the Liberty of Havering at Bower in the County of Essex hereafter in these presents particularly mentioned and expressed and being now fully resolved and determined how and in what manner his said Messuages Lands Tenements and He editaments should be established and continued hereafter by the Grace of God in the name of the Parties hereafter mentioned being of his blood and alliance he the said F. R. as well for the considerations aforesaid as also for the better maintenance of M. C. his mother and for divers other good causes and considerations the said F. G. hereunto especially moving doth for himself and his Heirs covenant grant and agree with the said R. C. T. B. I. H. and F. P. and to and with every of them their and every of their Heirs Executors and Administrators by these Presents that he the said F. C. at his own proper cost and charges in the Law before the thirtieth day of September next ensuing the date of these presents shall and will in due form of Law acknowledge and levy one or more Fine or Fines in the Court of ancient Demesne within the said Liberty of Havering at Bower according to the course and common usage for levying of Fines for lands and Hereditaments within the said Liberty unto the said R C and T B. and the heirs of the said R. of all that Messuage c. And it is further covenanted condescended and agreed unto by and between all the said parties to these presents that the said Fine or Fines so to be levied and acknowledged as aforesaid by the said F. C. to to the said R. C. and T. B. and the Heirs and Assigns of the said R. shall be levied and acknowledged by the name of three messuages three gardens forty acres of Land twenty acres of pasture forty acres of Wood and fifty acres of Furze and Heath and one hundred shillings Rent with the Appurtenances in Havering at Bower R. and H. or by such other name or names as shall be thought meet and that the said Fine or Fines so to be had and levied of the said Premisses shall enure and be adjudged deemed and taken to be that the said R. C. and T. B. and the heirs and Assigns of the said R. from and immediatly after the levying and engrossing of the said Fine and Fines shall stand and be seised of the said Messuages Lands Tenements and Hereditaments and of every part and parcell thereof with their and every of their Appurtenances to the use of the said R. C. and C. B. and their Heirs shall stand and be adjudged perfect Tenements of the Freehold of the said messuages Lands and Premisses and of every part and parcell thereof with their and every their Apurtenances untill a perfect Recovery according to the usuall course of common Recoveries for Assurances of Lands Tenements hereditaments within the said Liberty of Havering at Bower shall and may be lawfully had and executed against the said R. C. and C. B. and their heirs of the said messuages Lands and Premisses And it is further covenanted condescended and agreed unto by and between all the parties to the presents that the said I. H. and F. P. or any other person or persons which the said F. C. shall nominate and appoint shall and may at the Costs and Charges in the law of the said F. C. before the said day of next insuing the date thereof purchase one or more writ or writs of Right Close directed to the Judges Bayliffs or others that have power to hold Plea in suits reall arising within the said Liberty and shall prosecute the writ or writs in the same nature of his highnes writ or writs of entry Sur Desseisin Sur le post at the common law after the manner and course of common Recoveries there used and accustomed against the said R C. and T B. whereby they shall demand against the said R. C. and T. B. by the name or names and quantity or quantities of acres in the said fine or fines to be contained or by any other name or names quantity or quantities whatsoever the said Messuages Lands Tenements Hereditaments and premisses with their and every their appurtenances before mentioned to be scituate lying being within the said liberty of Havering at Bower unto which writ or writs the said R. C. and T. B. shall appear in their proper persons or by their Attorney or Attornies lawfully and sufficiently authorized who shall vouch to warranty the said F. C. and that the said F. C. shall appear upon the said voucher in the said court in his proper person or by his Attorney lawfull authorized by the course and custom of the said court and shal vouch to warranty the common vouchee and that the said common vouchee appeare and imparl and afterwards make default wherby a perfect Judgment may be had and given for the said demandants in the writ or writs against the said R. C and T. B. for the said recovery of the said Messuages Lands Tenements and premisses and upon the said Recovery so to be had and made against the said R. C. and T. B. that they the said R. C. and T. B. shall recover in value against the said F. C. and the said F. C. shall thereupon have judgement to recover in value over against the said common vouchee after and according to the manner and course of common Recoveries in such Cases used in the court of the said liberty of Havering alias Bower and it is fully covenanted condisended and agreed unto by and between all the said parties to these presents and all the said parties for themselves and their severall Heirs do severally covenant and agree to and with the others of them and with their severall Heirs that the said Recovery and Recoveries and the said Fine and Fines after the said Recovery and Recoveries shall be had and executed and the full execution therof of for and concerning the Premisses therin to be contained shall be and enure and be adjudged deemed expounded and taken to be and enure that the said Conuzees and their Heirs and the said Recoverors and their Heirs and all and every other person and persons which shall then be
said G his Heirs or Assigns all such Deeds Evidences or Writings as the said G or his Heirs or of any of them hath now made or delivered or hereafter in the mean time shall make or deliver to the said T G or his Heirs concerning the Premisses or any part therof A Covenant for giving Acquittances at every payment c. In witness c. A Covenant to suffer a Recovery of Copy-hold Land by a Plaint in a Court Baron after the order of a Recovery at the Common Law THis Indenture tripertite c. between R. H. Citizen and Inholder of L. on the first party and H. L. of H. in the County of M. and E. his wife on the second party and W. W. of L. Inne in the County of M. Gentleman on the third party witnesseth That for divers considerations moving the said parties It is covenanted granted and agreed by and between the said R. H. H L. and E his wife and the said Covenant to suffer a Recovery of c. W. and every of them in manner and form following that is to say The said R. H. doth covenant and grant that he the said R. before the 20. day of J. next c. shall permit and suffer the said W. W. to bring and pursue against the said R H. in the Court Baroa of the Mannor of H. in the said County of M. one Plaint in the nature of a Writ of Entry sur Disseisin in le post of all and singular those his Messuage one Cottage and twenty acres of Meadow with the appurtenances which said Messuage c. being scituate together and do abutt upon c. and which said Messuage c. the said R. H. late had in Remainder of the Surrender of M H his Father by the names of one Tenement herietable and two Crofts therunto appertaining containing in the whole by estimation nine acres somtime I H and an acre c. lying between c. as by the Court Roll of the generall Court of the said Mannor holden at H. on Thursday being the 17. day of N. in the first year c. amongst other things more fully and plainly doth and may appear And that the same Plaint in the nature of the said Writ of Entry in the Post shall he entred commenced and sued of all and every the Premisses with the appurtenances by the names of c. with the Appurtenances in H. within the Jurisdiction of the Court of the said By the name Mannor of H. to the which Writ the said R. H. also promiseth that he shall and will appear in his own proper person or by his Attorney in such behalf lawfully authorized And therupon shall make his defence according to the law and therof shall Vouch to Warranty of and for the Premisses one I M and that the said I M shall enter into the Warranty of the Premisses and after shall make default according to the manner and form of common Recoveries in Writs of Entry sur disseisin in le post wherby the said W W shall have Judgment to recover the said two Messuages and twenty acres of Meadow and other the Premisses against the said R H and the said R H to recover over in value against the said I M according to the manner and form of common Recoveries in Writs of Entry c. which said Recovery the said R H covenanteth promiseth and granteth to suffer to be executed by Precept and Warrant out of that Court in the nature of a Writ Le use of Habere facias seisinam according to the order of the Law And it is further in like manner covenanted granted condescended and agreed between the said R H H. L and E his wife and the said W W that the said Recovery and the Estate of the Premisses to be had and to be recovered and obtained by reason therof shall be to the only use behoof intent and meaning hereafter in these presents expressed and declared and to none other uses behoofs intents and meanings that is to say To the use and behoof of the said E. L. the Daughter of the said R. H. and of her Heirs and Assigns for ever And moreover it is covenanted granted condescended and agreed between the said parties to these presents and the same parties for them their Heirs Executors and Assigns and for the Heirs Executors and Assigns of every of them do covenant promise grant condescend conclude and agree by these presents that the said W. W. and his Heirs and Assigns after the said Recovery of the said Premisses and execution therupon had by the said W. accordingly shall therupon and therto stand and be seised of the said Messuage c. to the only use and behoof of the said E. L. and of her Heirs and Assigns for ever And to no other use or uses In witness c. An Indenture for knowledging of a Fine and Recovery of Land and leading the Vse therof with Covenants of Warranty and discharge of Incumbrances THis Indenture c. between T. S. of West A. in the County of S Gentleman Son and Heir of I S late wife of C S deceased Father of the said T which I was Daughter and Heir of R P the younger which was Son and Heir of R P the elder on the one party and N. B Citizen and Grocer of L and S B eldest Son of the same N. on the other party witnesseth That for and in consideration of the Sum of c. to the said T before the ensealing c. paid and contented by the said N B. wherof c. It is now covenanted concluded and agreed between the said parties And the said T S for him his Heirs Executors and Administrators and every of them doth covenant and grant to and with the said N B and S B their Heirs Executors Administrators and Assigns and every of them by these presents in manner c. That he the said T. S and A. now his wife before the 27th day of June now next coming at the costs and charges in the Law of the said N and S. shall and will knowledge one Fine sur Conizance de droit come ceo qui ad de Son done in due form of Law and according to the usuall course of Fines unto the said N and S as well of all that Messuage with all and singular Barns Stables Houses Buildings Lands Tenements and other Appurtenances therunto belonging now or late in the Tenure or Occupation of c. or of his Assigns scituate c. in T. in the County of M. with one W R by his Indenture of Lease dated c. did demise and let to Farm to one R. F for a certain Term of years yet not expired and of one Close c. containing by estimation 0. acres of Land and of a Feild called c. containing c. and of one Meadow c. to and with the Messuage aforesaid now occupyed and belonging As also of all and singular other
ensue the decease of the sad S S. And wheras also by the same Indenture it was covenanted and agreed between the said parties And the said T S for himself his Heirs Executors and Administrators and every of them did covenant promise and grant to and with the said S S. and H H their Heirs and Assigns by the said Indenture That if the said S. S and H H their Heirs Executors and Administrators and every of them do and shall well and truly observe perform fulfill and keep all and every the Covenants Grants Articles and Agreements in the said Indenture contained which on his or their parts and behalfs are or ought to be observed and kept according to the tenor purport and true meaning of the said Indenture That then the said Recognizance should be void frustrate and of none effect and a Vacat entred upon the Record therof any thing in the said Indenture to the contrary notwithstanding Otherwise the same to stand and abide in full force and strength as by the said Indenture at large doth and may appear And wheras also the said S S in and by one other Recognizance bearing date the said c. knowledged to be enrolled in the Court of Chancery became bounden unto the said H H in the Summ of 1800 l. of c as in and by the same Recognizance it doth and may appear Now it is covenanted and agreed between the said parties to these presents and the said H H. for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said S S his Heirs and Assigns by these presents That if the S S his Heirs Executors and Administrators or any of them do and shall well and truly observe perform fulfill and keep all and every the Covenants Grants Articles and Agreements contained in the said recited Indenture which on the parts and behalf of the said S. S. and H H or either of them are or ought to be observed and kept according to the tenor purport and true meaning of the said recited Indenture and therby do acquit discharge and at all times hereafter save harmlesse the said H H his Heirs Executors and Administrators and every of them of and from the said recited Recognizance of 1700 l. and of and from the said Covenants contained in the said recited Indenture that then the said Recognizance of 1800 l. acknowledged by the said S. S. to the said H. H. shall be void frustrate and of none effect and a Vacat entred upon the Record therof Otherwise the same to stand and abide in full force and strength In witness c. A Defeazance of a Statute Staple THis Indenture c. Between I H of T in the County of B Esquire of the one party and S A. of the Parish of St K of L Marchant of the other party wheras the said S A in and by one Recognisance or Writing Obligatory of the nature of a Statute Staple made and provided for the Recovery of debts bearing date with these presents taken and acknowledged before I K Maior of the Staple at Westminster and W S Serjant at Law Recorder of the City of London is and standeth bound to the said J H in the sum of 3000. of c. to be paid to the said J in such manner as therin is mentioned as in and by the said Recognizance or writing Obligatory of the nature of a Statute Staple more fully and at large appeareth It is now nevertheless Covenanted Granted Concluded and Agreed by between the said parties to these presents and their true intent and meaning of the said Recognizances and of these presents and of the parties herunto is and the said J H. for him his Executors Administrators and Assigns is contented and pleased That if the said S A. his Heirs Executors Administrators and Assigns and every of them do and shall well and truly observe perform fulfil and accomplish all and singular the Covenants Grants Articles and Agreements which on his and their parts and behalfes are or ought to be observed performed fulfilled and kept comprised and specified in a certain Indenture of Articles of Agreement bearing date with these presents and made between the said I H. of the second part the said S A and K H eldest daughter of the said I. H of the second part and G L. and I H of L. Merchants of the third part according to the true intent and meaning of the said Indentures of Articles of Agreement that then the said Recognizance or writing Obligatory above recited or mentioned shall be utterly void and of none effect and then also the said I. H party to these presents his Executors and Administrators or some of them shal and wil-deliver or cause to be delivered up the said Recognizance or writing Obligatory to the said S. A. his Heirs Executors or Administrators to be cancelled vacated and made void otherwise the same shall stand and abide in full force and vertue In witness c A Defeazance of a Judgment in the upper Bench. THis Indenture c. Between E C of W in the County of K Gent. of the one party and T R of S. in the County of K. Gent. on the other party witnesseth that wheras the above named T R before the Ensealing and delivery hereof hath acknowledged and suffered one Judgment to be entred upon Record in his Majesties Bench at Westminster in Easter Term now next ensuing for 100 l. debt and 20 s. costs of Suit therupon assessed at the suit of the said E C Nevertheless it is Agreed Conditioned Covenanted and Granted by and between the said parties to these presents either to other That if the said T R his Heirs Executors Andministrators or Assigns or any of them do well and truly satisfie content and pay or cause to be well and truly satisfied contented and paid unto the said E C or his Assigns the sum of 7 l. of c. yearly and every year during the natural life of him the said E C at the four most usual Feasts or Terms in the year viz. at the Feasts of St. John Baptist St. Michael the Archangel the Birth of our Lord God and the Anuntiation of our blessed Lady Mary the Virgin or within fourteen dayes next after any of the said Feasts by even and equall portions the said payments to be made at or in the now Hall of Cliffords Inne London that then the said Judgment shall be utterly void and of none effect and that then after the decease of the said E. C. the said quarterly payments being duly made or by him the said E accepted the Executors or Administrators of him the said E. C. shall upon request give sufficient warrant for the acknowledging made of satisfaction upon Record for the said Judgment and in the mean time he the said E nor his Assigns shal not sue forth nor prosecute any manner of execution upon the said Judgment against
the said T. R. his Executors or Administrators nor against their or any of their Goods Lands or Tenements But if default shall be made of any the said payments at the dayes and place aforesaid and other good satisfaction not given that then and at all times after the said E. C. his Executors Administrators or Assigns shall and may take his or their due course of Law upon the said Judgement in that behalf provided In VVitness c. A Defeazance upon a Iudgment THis Indenture c. between G. A. Gentleman of the one party and I. A. of L Inne in the County of M. Esquire and D. R. of W. in the said County of M. Esquire of the other party witnesseth That wheras the said I. A. and D. R. have confessed and suffered one Judgment of 120 l. debt and 16 s. 8 d. costs of Suit thereupon assessed unto the said G. A. in his Majesties Bench at W. this present term of St. M. as by the Records of the said Court it doth and mayappear Neverthelesse it is agreed by and between the said parties And the said G. A. doth by these presents his Executors and Administrators and every of them covenant and promise to and with the said I. A. and D. R. their and every of their Executors and Administrators that if the said I. A. and D. R. or either of them their or either of their Executors Administrators or Assigns do well and truly pay or cause c. unto the said G. A. his Executors Administrators or Assigns the full and whole Summ of 70 l. of lawfull c. in manner and form following viz 35 l. in or upon the Feast day of the Annunciation of our blessed Lady St. Mary the Virgin next ensuing the date hereof and 35 l. more residue of the said 70 l. in or upon the Feast-day of the tivity of St. Iohn the Baptist then next ensuing after the date hereof both severall payments to be made in or at the Middle-Temple Hall London That then the said G. A. his Executors or Administrators shall give sufficient warrant for the acknowledging of satisfaction upon Record upon the said Judgment and in the mean time the said G. A. his Executors nor Administrators shall not sue forth or prosecute any manner of execution upon the said Judgment against the said I. A. or D. R. their or either of their Executors or Administrators nor against their or either of their Lands Goods or Chattels But if default of payment shall be made of the said Summ of 70 l. or any part therof at the severall daies and place aforesaid that then the said G. A. his Executors Administrators or Assigns shall and may take his or their due course in Law upon the said Judgment in that behalf provided In witness c. A Defeazance upon an assignment of a Lease and a Recognizance for mony lent for certain years where after the rate of 10 l. per cent is yearly reserved payable during the Borrowers having of the money lent THis Indenture c. witnesseth that whereas the said A. B by his Poll Deed. dated c. hath given granted bargained sold assigned and set over to the said R W for the only use of the said R. and of his Executors and Assigns as well all that Messuage or Tenement with the Appurtenances c. as the Originall Lease thereof made and granted by the said J H c as by the Deed more plainly and at large may and will appear And where also the said A B by one Recognizance or Writing obligatory c. as by the said recognizance or writing obligatory doth appear And whereas moreover the said R W after the making sealing and delivery of the said Deed hath demised and and letten to farm all the said Messuage with the appurtenances to the said A to have and to hold the same to the said A and his assigns from the making of these presents for by and during the term of six years from thence next ensuing reserving thereof yearly to be paid during the said term to the said R W his Executors and Assigns 10 l of lawfull c on the fourth day of July and on the fourth day of January that is to say 5 l. on every of the said daies at the now Mansion house of the said R W scituate c between the houres c of every of the same severall fourth daies of J and J and charging the said A his Executors and assigns with the payment and performance of all other Rents payments Charges and Covenants otherwise to be born for or out of the Messuage and other the Premisses during the said term of six years yet nevertheless the said R. VV for him c. covenanteth c that if the said A be now at the ensealing and delivery of their presents so the owner and proprietor of the said Lease and term of years in the said Messuage and other the premisses now to come as that he hath lawfull and absolute Right to bargaine sell and assure the same to the said R VV in form aforesaid from all former bargains forfeitures and Incumbrances made by the said A. And further that if the said A B. his heirs executors administrators or assigns do as well content or pay cause c to the said R VV. his executors or administrators the said yearly Rent or payment oâ— 10 l yearly during the said term of six years in manner and forme aforesaid and do save and keep harmless the said R. VV his executors administrators and assigns of and for the yearly Rent and Covenants specified in the said originall Indenture of Lease made of the said Messuages and other the premisses to the said R. C as abovesaid and of and from all losses and damages to grow thereof as also do well and truly content or pay or cause c to the said R VV. his certain Attorney Executor or Administrator the Sum of 100 l. of lawfull c. at one entire payment on the sixth day of Ian which shall be in the year of our Lord according to the account c. 1581. between the hours c. at c. that then as wel the Deed and the grant bargain sale and assignment therin specified As also the said Recognizance or Writing Obligatory shall be clearly and utterly void and frustrate as the same or either of them had never been had or made the same Deed and Writing Obligatory or any thing in them or either of them contained or specified to the contrary in any wise notwithstanding And also the said R. VV. covenanteth c That when and as often as the said R. VV. his Executors or Administrators or any for him or them or by his or their or any of their appointment shall have or receive any payment of the said yearly Rent of 10 l. or any part therof according to the tenor and purport of these presents That then and so often upon reesonable request the said
premisses aforesaid are scituate within the parish c. and also of and in the Reversion and Reversions of all and singular the same premisses to the intent that the said R. P. and A. P. and their Heirs shall and may stand seised of the same premisses whereby within one moneth next after the making and Execution of the said Estate of all and singular the said Messuages and Tenements and other the premisses to the said R. and A. and their Heirs in form aforesaid the said E. P. and C. P. or the Survivor of them shall pursue and bring the Kings Majesties Writ of Right Patent our of his Highness Court of Chancery against the said R. A. or the Survivor of them to be directed to the Mayor and Sheriffs of the City of L. By which Writ of Right Patent the said E. C. or the Survivor of them in the Guild Hall of L. before the said Mayor and Sheriffs in the Court of Hustings according to the custome of the said City shall demand against the said R. P. and A. P. or the Survivor of them the said Messuages and Tenements and all and singular other the Premisses with their Appurtenances by the names of c. in L. or by such other Names or quantities as shal be reasonably devised And that the said R. P. and A. P. or the Survivor of them in his or their own persons or by his or their sufficient Attorney shall appear to the said Writ and after Declaration thereupon made shall make defence and vouch over to warranty the said W. I who shall appear and enter into warranty and vouch over the common Vouchee which common Vouchee shall imparl and after make default in contempt of the Court whereby Judgment shall be given in the said Writ against the said R. and A. or the Survivor of them and Execution thereof shall be had and sued in such sort that a perfect Recovery with a double Voucher shall be had and perfectly executed of all and singular the premisses And further it is by these presents fully and expresly witnessed and declared And also it is covenanted granted condescended and agreed by and between all the said parties by these present Indentures that the said Recovery to be had and executed as aforesaid and the Execution therof shall be And that the true intent and meaning of the same is and that all other Recoveries to be had suffered levied or executed of the Premisses or any part or parcell therof within one year after the making and executing of the said Estate of the Premisses to the said R. and A. and their Heirs as aforesaid shall be and that the said E. and C. and their Heirs and all and every other person and persons and their Heirs which at any time hereafter shall be seised of the said Messuages and Tenements and other the Premisses with their appurtenances and of every or any part therof by virtue of any Recovery or Recoveries aforesaid shall stand and be seised of all and singular the Premisses with the appurtenances to the only uses and intents hereafter in these presents expressed and mentioned to none other use intent or purpose whatsoever That is to say To the use of the said W and his Heirs untill Marriage shall be had between him the said W and the said F P And from and after Marriage had between the said W and F then to the use of the said W. and F. for and during all the term of their naturall lives and the naturall life of the longer liver of them two and after their deceases then and from thenceforth to the use of the Heirs of the bodies of the said W. and F. between them two lawfully to be begotten And for lack of such Issue then to the use of the Heirs of the bodie of the said W. I. and for lack of such Issue then to the use of such person and persons and his her or their Heirs as the said W. hereafter by his last Will and Testament or otherwise by writing under his hand and Seal fealed and delivered in these presence of three Witnesses at the least shall name or appoint And for and in default of such nomination or appointment then to the use of the next right Heirs of the said W. I for ever And moreover â—he said W. I. for him c. covenanteth with the said Yearly value R. P his c. That the said Messuage Tenements and other the Premisses now be and from henceforth for ever shall or may remain come continue and be to the uses afore in these present Indentures expressed and mentioned as well of the full and clear yearly value of 20 l. of c. over and beyond all Charges and Reprises whatsoever as also free and Discharge of Incumbrances clearly discharged exonerated and acquitted or otherwise by the said W his Heirs Executors or Administrators well and sufficiently saved and kept harmlesse of and from all and singular Bargains c. had made done or suffered or hereafter to be had made done or suffered before a perfect Recovery shall be had and perfectly executed of all and singular the Premisses with their Appurtenances to the uses afore in these presents expressed According to the true intent and meaning of these present Indentures the chief Rents and Services hereafter to grow due for the Premisses to the chief Lord or Lords of the Fees of the same and all Leases for years heretofore made and granted not exceeding the term of 21. years now to come not hurtfull or prejudiciall to the clear yearly value of 20 l. afore specified and wherupon the old usuall yearly Rents or more been reserved or shall be yearly due and payable during the continuance of the same Leases to the uses afore in these presents expressed only except and fore-prised And furthermore the said W. covenanteth with the said R his c. Further assurance that for the better assurance of all and singular the Premisses with all and singular their Appurtenances to be had and made sure to the uses afore in these Indentures specified and limited he the said W. and his Heirs and all and every other person and persons and their Heirs any thing lawfully having or lawfully claiming in or to the Premisses or any part therof by from or under the said VV or the said P I his Father or M. I his Mother or any of them other then only the Leases and their Assigns claiming for or by reason of their Leases afore excepted in these presents shall and will upon every reasonable request and at the costs and charges in the Law of the said R P his Heirs Executors Administrators or Assigns do make knowledge and suffer to be done all and every such lawfull and reasonable act and acts thing and things be it by Fine Feoffment Recovery with Voucher or Vouchers single or double or by any other waies or means whatsoever with warranty against them and
summ of 130 l. of c in the Feast of the Annunciation c. The Nativity c. or within the space of eight and twenty daies next ensuing after every of the same Feasts yearly by even and equall portions and if it happen the said yearly Rent of 130 l. or any part thereof to be behind and unpaid by the space of eight and twenty dayes next after any of the Feasts aforesaid and the same being in the mean time lawfully asked That then it shall and may be lawfull to and for the said I. and A. and their assigns into the said Brewhouse and into all and every other the premisses to enter and there quietly to distrain and the distress and distresses there found to take lead drive and carry away and the same with them lawfully to detain and keep untill they shall be fully satisfied and paid the said yearly Rent with the arearages thereof if any be and if it happen the said yearly Rent of 130 l. or any part thereof to be behind and unpaid by the space of six and fifty dayes next after any of the said feast dayes of payment thereof aforesaid the same being lawfully asked as aforesaid that then and at all times after it shall and may be lawfull to and for the said I and A and their Assigns into the said Brewhouse with the Appurtenances and all other the premisses to re-enter and the same together with the said Utensils and brewing vessells and all other implements in the said Schedule specified to have again and repossess as in their former Estate And the said W. W. to expell c. these presents c. And the said W. W covenanteth to and with the said I and A their Executors and Administrators by these presents that he the said W W his Executors Administrators or Assigns at their costs and charges at all times convenient from time to time from henceforth for and during the said term and terms wherein the said W c shall have c Vt in reddendum shall and will well and sufficiently keep maintain and sustain the said Brewhouse and all the brewing vessells aforesaid mentioned in the said Indented Schedule and all other the Premisses in and with all manner of needfull Reparations when and so often as need shall require And the same Brewhouse and all the brewing vessells Utensils and implements contained in the said Schedule to these Indentures annexed with all other the premisses so well and sufficiently repaired kept and maintained in all things in the end of the first term above mentioned or any sooner determination thereof shall leave and yeild up and the said W. VV. covenanteth c. that without the let trouble or interruption of the said W. W his Executors Administrators os Assigns or any of them so as he or they be reasonably requested thereunto by the said I. or A. or their Assigns it shall and may be lawfull to and for the said I. and A. and either of them and their Assignes and the Assigns of any of them with the number of three persons or under with them or any of them at two severall times of every year at their pleasures at any time between eight of the clock in the morning and four of the clock in the afternoon to enter into the said Brewhouse and Tenements aforesaid and all other the Premisses and into every part of the same there to view and search how the same and also the said Implements and utensills been repaired and kept And that if upon such view and search any lack of Reparations shall be found in the premisses or in any part of them or any of them which shall have need of amendment and admonition then there openly given and left in Writing by the said I or A. or their Assigns for the amendment thereof that then he the said W. W. his Executors or Assigns at his or their or some of their own charges within six months next after every such admonition shall and will sufficiently repair and amend every such lack so found and wherein warning shall be given as aforesaid And also that if it do fortune the said VV. his Executors Administrators or Assigns upon such admonition at any time so to be given as is aforesaid do not sufficiently repair and amend every such lack of Reparation in or upon the premisses or any part thereof to be found and admonished as is aforesaid within the said space of six months before expressed that then the said I and A. his wife or their Assigns at the end of the said six months before expressed or at any time after shall give advertisement of all such Defaults as then shall remain of the said Reparations to the VVardens of the company of Cloath-workers of the city of L. and to the VVardens of the Company of Brewers of the same City for the time being and that thereupon it shall be lawfull to the said VVardens or to any four of them whereof two to be Cloathworkers and the other two to be Brewers to appoint viewers at their discretion to view and search the said Reparations which the said I. or A. or their Assigns from time to time so often as any such shall be to them given and the said parties for them their Executors and Administrators do further accord and agree by these presents that the said Wardens or such four of them as aforesaid shall have power and authority to appoint such viewers as aforesaid and that the Viewers by them from time to time by them to be appointed shall have authority by these presents to judge and determine of the said defects according to the tenor and true meaning of these presents And the said W. W. covenanteth c That he the said W. his Executo and Admin so often as any such advertisement be given shall upon like request to be made as is aforesaid shal peaceably quietly permit and suffer the said viewers together with the said I A. and their assigns or any of them to enter into the said Brewhouse and other the premises and there by the shewing or Demonstration of the said I. or A. or of their assigns or oâ— the assigns of any of them to take and have plain and full view and survey of all such lacks of the said Reparations left unrepaired upon the said former admonition given by the said I. or A. or their assigns or the assigns of any of them To the intent that the same viewers from time to time so to be sent as aforesaid by the said Wardens or such four of them as aforesaid may leave behind them plainly expressed in writing what further Reparations shall then in their consciences and indâ—fferent Judgments be thought needfull to be done upon the premisses or any part thereof and that then if within the space of other six months next after every such admonition last above mentioned to be given by such viewers aforesaid in form aforesaid all
such reparations whereof they shall so give admonition shall not be done and finished accordingly That then a Re-entry c. and an expulsion of the Tenant any thing c. And the said J. A. for themselves their Executors and Administrators do covenant c. in forme c. That the said I. S. and A. their Executors and Administrators at their own proper costs and charges shall from time to time and at all times wel and sufficiently discharge save or keep harmelesse as well the said W. his Executors Administrators and Assignes as also the said Brewhouse and all other the premisses by these presents mentioned to be demised with all and singular their appurtenances and every part and parcell thereof of and from all and singular former Grants Burgains Sales Leases Charges and incumbrances whatsoever had made granted done or knowledged by the said I. or A or by any other by their or any of their assent in any wise And also shall save harmeless the said W W his Executors and Administrators and the said Brew-house c. of and from all and all manner of quâ—t-rents Annuities and Rents charges whatsoever issuing or going out or to be issuing or going out of the same or any part thereof other then only the said yearly Rent of 130 l. reserved by these presents yearly to be paid for the said Brewhouse and other the premisses And further that the said I. and A their Executors and Administrators shall and will from time to time at all times save harmless the said W W Sonne his Executors Administrators and Assignes and against said H L the Sonne his Executors Administrators and Assignes and against all other the children of the said H L. the Father of and for the said yearly Rent of 130 l. and of every part and parcell thereof to be received by the said I or A their Executors Administrators or Assignes And that upon every payment made of the said yearly Rent or any part thereof to the said I or A their Executors or Assignes by the said W W. his Executors or Assignes according to the tenor and true meaning of these presents The said I or A their Executors or Assignes shall and will subscribe to such a reasonable Writing or Acquittance as the said W his Executors or Administrators shall reasonably require testifying and declaring the receipt of the said payment And moreover that he the said W. his Executors and Assignes by and under the payment of the said yearly Rent of 130 l. in manner and forme aforesaid and by and under the performance of al and singular the Covenants and Articles in these presents contained on his and their part to be performed accordâ—ng to the tenor and true meaning of these Indentures shall or lawfully may have hold and enjoy the said Brew-house and the said Tenements with all and singular their appurtenances and also all the Brewing vessels expressed and mentioned in the said Schedule hereunto annexed and all and every other the premisses with the appurtenances and every part and parcell thereof untill the said H L. the Sonne shall accomplish his full age of 21 years And in case the said second demised interest into the said Brew-house and Tenement shall accrue to the said A by the said Will and Testament then the said W W. his Executors or Assignes shall and may likewise have hold and enjoy the said Brew-house and Tenements and every of them without any lawfull lett interruption or eviction of the said I or A. or of their Assignes or any other person or persons having or which shall have or claime any estate right title or interest of either of them in any wise And furthermore it is Covenanted granted concluded condescended and fully agreed by and between the said parties to these presents And every of the said parties for themselves their Executors and Assignes do by these presents Covenant grant conclude condescend and agree to and with the other of them their Executors and Administrators That if it shall fortune at any time hereafter any manner of strife variance or contention to arise betwixt the said parties there or any of their Executors Administrators or Assignes or any of them of for or upon any matter cause or thing specified or mentioned in the Indentures or for or upon any matter or thing to arise or grow thereof other then for non-payment of the said yearely Rent of 130 l. That then the said parties and every of them before any Suit in Law be taken commenced or prosecuted by them or any of them of for and upon any Article clause or agreement in these presents declared as is aforesaid shall first therein from time to time stand to abide obey and performe all and every such decree order and Judgement Decrees Orders and Judgements as from time to time and at any time shal be made and given up by the said Wardens of the company of Clothworkers of the said City of London and the Wardens of the Company of Brewers of the same City for the time being or by any foure of them so as two be Clothworkers and the other two Brewers and so as the said Wardens or such foure of them as aforesaid from time to time upon any complaint to them made by the said parties or by any of them do make and publish their Decree order and Judgment in the premisses within the space of two moneths next after such complaint to them made And if the said Wardens in forme and time aforesaid make no Order or Decree as is aforesaid Then they or either of them at their pleasures shall and may take their remedy by Law against one another any thing in these presents to the contrary notwithstanding In Witnesse c. A Lease of a House in the Countrey in Reversion with Covenant to pay Herriots THis Indenture c. Between H H of H in the County of S Gent and E his Wife of the one party and W W of M in the said County Husbandman of the other partie Witnesseth that whereas the said H and E together with one T H Father of the said H deceased for a certaine summe of money to them by the said W W Recitall of the former Lease before hand paid by their Indenture bearing date c did demise grant set and to farme let unto the said W W all that their Messuage or Tenement with all edifices and buildings thereunto belonging together with all Lands Meadows Leasowes and Pastures Commons of Pasture Commodities and feedings to the said Messuage or Tenement belonging or appertaining with all and singular their appurtenances Scituate lying and being in the Town and fields of M. aforesaid in the County aforesaid and then in the tenure and occupation of the said W W. To have and to hold the said Messuage or Tenement Lands Meadows Leasowes Pastures Commons Commodities feedings and all other the premisses with their appurtenances unto the said W W his Executors and
1654 befoe A Letter of Attorney to surrender Copy-hold Lands BE it known unto all men by these presents That I A B c. have made ordained constituted and appointed and by these presents do make ordain constitute and appoint my trusty and wel-beloved Friends C. D. E. F. G. H. c. my lawfull Attorneys and Attorney for me and in my name by all lawfull waies and means joyntly and severally to surrender according to the custom of the Mannor of R. in the County of S. All such Copy-hold Lands as I have within the Parish of S paâ—cel of the customary Lands of the said Mannor and all my Estate Right Title Interest Claim Possession and Demand therin and therout and in and to every part and parcel therof to the use and behoof of R B his Heirs and Assigns for ever And further giving and granting by these presents that they or any three two or one of them shall and may do any other lawful act and acts whatsoever concerning the Premisses for the better effecting therof as fully and amply to all intents and purposes as I my self in person might do ratifying and allowing the same by these presents In witness c. A Warrant or Letter of Atturney to deliver Possession and Seisin TO All Christian People to whom this present Writing shall come M. S of W in the County of H. sendeth greeting Know yee that wheras certain Indentures are made betwixt M. S I S and I C and E his wife of the one part and K S of the other part mentioning or purpurting a Bargain and Sale from them the said M. G I G and I C and E his wife to the said K B of a Messuage or Tenement called W. and divers Lands Tenements and Hereditaments to the same belonging in the said Indentures mentioned as by the said Indentures due reference being therunto had it doth and may appear Now the said M L hath constituted ordained and appointed and by these presents doth constitute ordain and appoint R H his true lawfull Atturney for him and in his name quiet and peaceable livery of Seisin and possession of the said Messuage Lands and Tenements with their appurtenances or any peece or parcel therof in the name of the whole to give and to grant unto the said K. B. or her lafwul Atturney or Atturneys in that behalf Authorized according to the true intent purpurt and meaning of the said recited Indentures In Witness c. A Warrant or Letter of Attorney to receive possession TO all Christian people to whom this present writing shall come K B of N. in the County of H. Widdow sendeth greeting Know ye that whereas certain Indentures are made betwixt M. S. I S and J. C. and E his wife of the one part and the said K. B. of the other part mentioning or purporting a bargain and sale from them the said M S J. S and I. C and E. his wife to the said K B of a Messuage or Tenement called W. and diverse Lands Tenements and Hereditaments unto the same belonging in the said Indentures mentioned as by the said Indentures due reference thereunto being had it doth and my more at large appear Now the said K B hath constituted ordained and appointed and by these presents doth constitute ordain and appoint F F her true and lawfull Attorney for her and in her name quiet and peaceable Livery of Seisin and Possession of the said Messuage Lands and Tenements with their appurtenances or any part or parcell thereof in the name of the whole to receive and take of and from the said M S. J. S. J. C. and E his wife or their lawfull Attorney or Attorneys in that behalf authorised according to the true intent purport and meaning of the said recited Indentures In witness c. A Warrant of Attorney to confess a Judgment in the upper Bench To Mr. A. K. or any other Attorney of the Vpper Bench Court I Pray you appear and file a common baile for me T. G. in the said Court of Upper Bench at Westminster in Michaelmas Term next and there confess or suffer a Judgment to pass by default against mee the said T. G at the suit of W. I. for a 100 l. debt by bond with Costs of suit and for so doing this shall be your sufficient Warrant dated t he 10th day of August 1653. A Warrant to confesse a Judgemenâ— I Pray you appear for me E. A. this presâ—nt Hillary Term at the Suit of I. B. and file a Common baile in the Upper Bench at Westminster at his suit and upon a Declaration of 800 l. debt upon a Bond to be put in against me at the suit of the said J. B. I pray confess the same by Non sum informatus or otherwise so that Judgment my be presently entred against me thereupon and for so doing this my hand and seal shall be your sufficient Warrant dated the 28th day of January Anno Domino 1649. Sealed and delivered in the presence of A Warrant to acknowledge Satisfaction Mr. R. A. I Pray acknowledg satisfaction upon Record for the Judgment which was entred in the Kings Bench in Michaelmas Term 17. Car against T. I. gentleman at the suit of me R T for 30 l. debt and 20 s. for costs of suit and this shall be your sufficient discharge therefore witness my hand and seal this 10th day of October 1644. Sealed and delivered in the presence of The TABLE of the Heads of the severall Conveyances and Instruments contained in this Book Annuities and Rent-charges A Grant of an Annuity page 1 An Annuity with power of Revocation 4 An Annuity by Deed-Poll 5 A Rent-charge for Service done and to be done with power of Revocation 5 A Grant of an Annuity to a man and his wife passed by Fine and Recovery 7 A Grant of an Annuity by a Lessee to his Lord issuing out of a Tenement to him demised with a clause of Distress 12 A Grant of an Annuity to a woman for her life after the death of her Husband with a Clause to enter and detain 13 A Grant ef a Rent-charge of 50. marks and a 100. shillings Nomine poene 14 An Annuity for term of years with liberty to sell the Distress 15 An Annuity granted out of a Lease with good Covenants 17 A Grant of an Annuity during the Grantees life charging only the Grantors person 21 An Annuity out of a Lease by Will continuable for life 24 An Annuity with the Inheritance of Land assured for the same by Recovery and Fine 24 A Grant of an Annuity out of Land for term of life 31 A Grant of an Annuity to a man and his wife for their lives issuing out of Lands with very good Covenants 32 An Annuity granted for two lives with the Inheritance of Land assured for the payment therof 35 A Clause in a Deed of Annuity to sell the Distress 40 A Clause to give an Acquittance upon every payment of